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HomeMy WebLinkAbout10-0734 I/ JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32ND Street Camp Hill, PA 17011 Telephone: (717) 737-5890 10tO JAN 99 Attorneys for Plaintiff DEAN J. KEENER, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10 - P54 Nil Iew" DAPHNE KRETZ-KEENER, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 .$ a68 L. oo PO A-M ae S47 1 DEAN J. KEENER, Plaintiff V. DAPHNE KRETZ-KEENER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 1. Plaintiff is Dean Keener, an adult individual who currently resides at 1316 Kingsley Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Daphne Kretz-Keener, an adult individual who currently resides at 1216 E. 28th Street, Erie, Pennsylvania 16504. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 4, 2008 in Hershey, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are no children of this marriage. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of serving this Complaint on Defendant, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate Notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. Respectfully submitted, JOANNE HARRISON CLOUG Date: Z?? \ •'? Joannrrison Clough, Esqui Attorney ID No.: 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff Dean J. Keener VERIFICATION I, Dean I Keener, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Dean J. Teener DEAN J. KEENER, Plaintiff V. DAPHNE KRETZ-KEENER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10- 734 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO REINSTATE Please reinstate the Divorce Complaint filed on January 29, 2010 in the above captioned matter. We were unable to serve the Defendant within 30 days of date of filing of this Action. Respectfully submitted, JOANNE HARRISON COUGH, PC DATE: 3 - 2--j c JoannetHarrison CIO Attorney ID No.: 36? 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Esquire ' a rT rn Z- t: rr1 ?-? ? ' C- S C O /D, UD ?Z[ f-11k/ I C? 5Sq 2? aa83s? G~~6 DEAN J. KEENER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Hwy r,,, a '"+'i """ ~ v, N0. 10-734 Civil Term ~=" o ~-rl ~-~ r~..e ~'~ ~ ~ ; -~ DAPHNE KRETZ-KEENER, CIVIL ACTION - LAW ~ ~ ~ Defendant IN DIVORCE .,,r. "- ~,y ~ + _...a G~ ~~ - ~~ "~ C? P7 ~ O `.s7 ~ r. ~.~ ~ c-~ ,~lTi . ~ AFFIDAVIT OF CONSENT ~ cx~ ~ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 29, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ ~~- ~ ~ DEAN J. KEENER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 10-734 Civil Term ~= ; ~ ~ DAPHNE KRETZ-KEENER, :CIVIL ACTION -LAW r~ ~'=' r~-; ~ ~" ~, ~ ~' Defendant IN DIVORCE _ _ ` ~ c~>~ r J~ WAIVER OF NOTICE OF INTENTION TO REQUEST EN' S ~° OF DIVORCE DECREE UNDER ~ == ®~` _ § 3301(c) OF THE DIVORCE CODE ~~ =r ~~' _ cs~ ~ I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: 1 ~ " av -~d DEAN ENER d ~t2 DEAN J. KEENER, IN THE COURT OF COMMON PLEAS t-~ ,~..,, ~ Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~ , - ~ ~ ;r, v. NO. 10-734 Civil Term -~-r'"~ ~ f= m~ ~ ~~ DAPHNE KRETZ-KEENER, CIVIL ACTION - LAW ~~ ~ rv ~=~~ "' Defendant IN DIVORCE ~ ~ ~ ~ ~ ~ ~ ~ -T"t ~ ~~ ~ o .~- 7'' AFFIDAVIT OF CONSENT ~ ~' ~ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 29, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and i to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: /D " r7 J~ ' D KRETZ-KE Llltlt~E ~. MA MOtMy PWbNc. 6RaN of I~Ir Yorlt ~Na. Q1~FIA006~100/ ~''~ ~ ~ DEAN J. KEENER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 10-734 Civil Term r„ ~ ~ - ~ ~ ~, ~ DAPHNE KRETZ-KEENER, :CIVIL ACTION -LAW °~. ° ,-~~-ry Defendant : IN DIVORCE ~ ca ~ cnF' s =~~ WAIVER OF NOTICE OF INTENTION TO REQUEST Er b` ``'' ~ o OF DIVORCE DECREE UNDER ~ ~-, ~ ~~ ~ -~ § 3301(c) OF THE DIVORCE CODE `~ `~' .,- c ;- ~ `-' m , .- :~ ~ ~, ..,~ .~ c~ ~ -< 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: ~~ _ ~ ~(~ AP KRETZ-KE R u~ t. ~ Ilo~ry /1rbNa.. Stag Mew Yak Oua1MMd in ChauEaugw County Ifisp. Na 01 HA308~800 Commission Exptrss Aupuq 9R~~~ / s -{. ~ '"I(_!'~-CFFf~~ ~~ r~ ~ r ~~rr~~~~~fa~Y MARITAL SETTLEMENT AGREEMEN'~ ~ ~ ~'~;' -- 2 ~'#1 1: ~ ~ THIS AGREEMENT, made this 2~ day of October, 2010, ~``; ;~ 9 +~ ~ ~~,~ f ~~ between Daphne Kretz-Keener, (hereinafter "WIFE") and Dean Keener, (hereinafter "HUSBAND"); WITNESSETH: WHEREAS, the parties hereto were married on October 4, 2008, in Hershey, Dauphin County, Pennsylvania; and separated on or about December 18, 2009 ;and WHEREAS, the parties have no children of this marriage; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, prese~^_t and nature support; alimony, alimony pendente liter and, in general, any any ~:l v ~~::~ :.ra~~ris and ooss;ale claims ,y one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. WIFE is not represented by legal counsel and has elected to represent herself in the negotiation and execution of this Agreement. HUSBAND is represented by Joanne Harrison Clough, Esquire. WIFE has been advised of her right to retain legal counsel of her own choosing and has been advised of her right to seek legal counsel through Legal Services or a pro Bono attorney if she cannot afford legal counsel but WIFE has elected to represent herself in this Divorce Action. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each 1 1 '~ acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to ~ 3301(c) or (d)of the Divorce Code. A divorce action was filed by HUSBAND with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 10-00734 on January 29, 2010. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree contemporaneously with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution' and "execution date' of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution' or "execution date' of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the 2 r intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. No real estate was acquired during this marriage. HUSBAND and WIFE acknowledge that there is no marital real estate in this action. The parties further acknowledge HUSBAND owned his residence prior to marriage and WIFE owned a 3 residence prior to marriage which she sold. In consideration of the other promises in this Agreement, HUSBAND waives any claim to the proceeds WIFE received from the sale of her residence and WIFE waives any claim to any interest in HUSBAND's residence. 8. LUMP SUM CASH PAYMENT TO WIFE. In consideration of the mutual promises contained in this agreement and in acknowledgment and consideration of the short duration of this marriage, and in consideration of WIFE's waiver of spousal support, Alimony Pendente Lite, and Alimony, HUSBAND agrees to tender to WIFE a lump sum cash equitable distribution payment of $15,000.00 to WIFE at the time of the receipt of four (4) fully executed copies of this Marital Settlement Agreement and executed Consents and Waivers for the divorce action. 9. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 10. RETIREMENT BENEFITS. In consideration of the short duration of this marriage and the cash payment tendered to WIFE in Paragraph 8 above, HUSBAND hereby waives his right, title, and interest to any of WIFE's pension and/or retirement and any and all other 4 retirement benefits, otherwise disclosed and WIFE hereby waives her right, title and interest to any of HUSBAND'S pension and/or retirement and any and all other retirement benefits, otherwise disclosed. The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during the marriage, and post-separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 11. BANK ACCOUNTS. The parties acknowledge that have dived the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 12. LIFE INSURANCE. HUSBAND hereby waives any right, title, claim or interest he may have in any life insurance policy of WIFE. WIFE hereby waives any right, title, claim or interest she may have in any life insurance policy of HUSBAND. 13. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 14. VEHICLES. The parties do not own any jointly titled vehicles and each party waives any claim to any vehicles(s) titled in the other party's name. 15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions 5 of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 16. ALIMONY, SPOUSAL SUPPORT, AND ALIMONY PENDENTE LITE. In consideration of HUSBAND tendering the sum of FIFTEEN THOUSAND ($15,000.00) DOLLARS, to W?FE, WIFE forever waives any and all rights she may have to seek spousal support, alimony peradente lice or a1_imony from HUSBAND. The parties specifically6 acknowledge the $15,000.00 payment shall be deemed an equitable distribution award and shall not be taxable to WIFE as income or deducted from income by HUSBAND. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding, that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 17. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 6 ' ~. '- 18. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 19. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 20. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 21. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 7 I~ ' 22. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 24. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts AND acknowledge the rec~,ipt of a duly executed copy hereo#. WIFE and Dean Ke~rier husband Daphne Kretz- a ner ife 8 ~ i . COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF On the ? day of d~h~ , 2010, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Daphne Kretz-Keener, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. otary Public My Commission Expires: I.Adlpt L NMV~M NMI~r tiblb. df~N d New Yoi!it OwaNf~ ~ Connnasbn Expi»s Auqullt ~A, ~~~ 9 ~~ JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIItE Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Plaintiff DEAN J. KEENER, Plaintiff v. DAPHNE KRETZ-KEENER, Defendant ~{~.Y~"0~'FICE OF 1`i~ F~?(1~~0~~OTARY ~~~~:P'~~~`(1..~1~~,i~l~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10- 734 Civil Term CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD UNDER § 3301 (c) OF THE DIVORCE CODE To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: (a) Date of service: March 17, 2010 (b) Manner of service: Certified Mail. Affidavit of Service filed: March 24, 2010 3. Date of execution of the Affidavit of Consent required by § 3301 (c) of the Divorce Code: (a) By the Plaintiff: signed on October 20, 2010 and filed simultaneously with this document. (b) By the Defendant: signed on October 7, 2010 and filed simultaneously with this document. (c) Date of execution of Waiver of Notice of Intention to File Praecipe to Transmit Record: (d) By the Plaintiff: signed on October 20, 2010 and filed simultaneously with this document. (e) By the Defendant: signed on October 7, 2010and filed simultaneously with this document. 4. Related claims pending: NONE DATED: Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Dean J. Keener T1 J - KERNER V. DAPHNE KRETZ-1[R.R,NF.R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1 o-734 DIVORCE DECREE o. 3 V7p. AND NOW, f PTOWJ it is ordered and decreed that n_ ,AN J - KERNFR , plaintiff, and nA?NNF xRRm7._xFyNRR. , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (if no claims remain indicate "None.") AND, it isfurther ordered,adjudgedanddecreed,that the terms of the parties' Marital Settlement Agreement, dated a October 20, 2010, and attached hereto are incorporated herein but not merged herewith. rothonotary /?'? i ?' A s <? L p MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this Z day of October, 2010, by and, between Daphne Kretz-Keener, (hereinafter "WIFE") and Dean Keener, (hereinafter "HUSBAND"); WITNESSETH: WHEREAS, the parties hereto were married on October 4, 2008, in Hershey, Dauphin County, Pennsylvania; and separated on or about December 18,2009; and WHEREAS, the parties have no children of this marriage; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their, lives and the parties are desirous' of settling completely the economic and other rights and obligations between each other, L-tcluding, bait mot limited tc: the equitable distribution of the ;"o?e c : ; . e? ,gym r _ z s ' _ ?'- % --- t3yete :i3te; and, _ ge- eiall, Fnnt,z X ._'L.. L:neC 7 C;1.1.__`S" ,.zC V agaa st he othher or fGva'hns "Ll'.eir e,De;iv. estates; as"aC_ NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 2. ADVICE OF COUNSEL. WIFE is not represented by legal counsel and has elected to represent herself in the negotiation and execution of this Agreement. HUSBAND is represented by Joanne Harrison Clough, Esquire. WIFE has been advised of her right to retain legal counsel of her own choosing and has been advised of her right to seek legal counsel through Legal Services or a pro bona attorney if she cannot afford legal counsel but WIFE has elected to represent herself in this Divorce Action. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each 1 acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusio=n. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall ' secure a mutual consent no fault divorce pursuant to § 3301(c) or (d)of the Divorce Code. A divorce action was filed by HUSBAND with the Court of Common, Pleas of Cumberland County, Pennsylvania at Civil Action No. 10-00734 on January 29, 2010. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree contemporaneously with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution' and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed' the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the 2 intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claim whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete' inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this'Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 61 SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall. at all times hereafter, live separate and apart. They `shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried.. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass; disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. No real estate was acquired during this marriage. HUSBAND and WIFE acknowledge that there is no marital real estate in this action. The parties further acknowledge HUSBAND owned his residence prior to marriage and KNIFE owned a 3 residence prior to marriage which she sold. In consideration of the other promises in this Agreement, HUSBAND waives any claim to the proceeds WIFE received from the sale of her residence and WIFE waives any claim to any interest in HUSBAND's residence. 8. LUMP SUM CASH PAYMENT TO WIFE. In consideration of the mutual promises contained in this agreement and in acknowledgment and consideration of the short duration of this marriage, and in consideration of WIFE's waiver of spousal support, Alimony Pendente Lite, and Alimony, HUSBAND agrees to tender to WIFE a lump sum cash equitable distribution payment of $15,000.00 to WIFE at the time of the receipt of four (4) fully executed.' copies of this Marital Settlement Agreement and executed Consents and Waivers for the divorce action. 9. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation he has not, and 'ha the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur. any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set: forth herein. 10. RETIREMENT BENEFITS. In consideration. of the short duration of this marriage and the cash payment tendered to WIFE in Paragraph 8 above, HUSBAND hereby waives his right, title, and interest to any of WIFE's pension and/or retirement and any and all other 4 retirement benefits, otherwise disclosed and "71FE hereby waives her right, title and interest to any of HUSBAND's pension and/or retirement and any and all other retirement benefits, otherwise disclosed. The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during the marriage, and post separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit. 11. BANK ACCOUNTS. The parties acknowledge that have dived the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 12. LIFE INSURANCE. HUSBAND hereby waives any right, title; claim or interest he may have in any life insurance policy of WIFE. WIFE hereby waives any right, title, claim or interest she may have in any life insurance policy of HUSBAND. 13. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between therm in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. 14. VEHICLES. The parties do not own any jointly titled vehicles and each party waives any claim to any vehicles(s) titled in the other party's name. 15'. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganisation proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions 5 of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or `Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 16. ALIMONY, SPOUSAL SUPPORT, AND ALIMONY PENDENTE LITE. I consideration of HUSBAND to-n ering the su_a of F_=IEVEN T THOUSAND t$15,000.00'1 D 5 l ???tiS, to VVT11-;u, w E fo-ev?_ W-"V ?_ V and all r ghts slh' may nave to seek s out s_ su pis -r, ahim r`ny -riel-._2^ c c,° molly ? rro:? HUSBAND. The parties s pecifical' 6 ac c owledge e c2` 5, 6 Y Went shall be deemed an equitable! distribution award and shall not be axabla to WIFE as income or deducted from income by HUSBAND. The parties hereby expressly waive, release, discharge and give up any and all rights'' or claims wtdch either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights they May have to seek modification of the terms of this Agreement in a court of law of equity, with the understanding, that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 17; A'T'TORNEY ]FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 6 18. ATTORNEYS' FEES FOR ENFORCEMENT. In. the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the, breaching party will spay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 19. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property, (b.) The right to obtain an income and expense statement of either party, (c) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 20. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 21. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term., condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 7 22. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. ENTIRE AGREEMENT. This Agreement: contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 24. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WD acknowledge the recgipt of a duly executed copy hereof. WIFE and Dean Ke4iier husband Q Daphne Kretz e ner ife 8 COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF On the day of 2010, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Daphne Kretz-Keener, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. o ,, Pub_?c MY Commission Expires: LAURIE L HARM Notary 0WIk$Me of Now Yo* Qiiilww W, chatmd" y NO. OMASOBWO ' 9