HomeMy WebLinkAbout01-2650 GRACE MOTFER MeKEEHAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
;
v. : CIVIL ACTION - LAW
;
JOHN RICHARD MeKEEHAN and :
DONALD A. McKEEHAN, : f/-o~/~ CIVIL TERM
Defandant~ :
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days ai~er this complaint, order and
notice arc served, by entering a written appearance pe~oually or by attorney and filing in writing
with the cou~ your defenses or objections to thc claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a judgment may 5c entered against
you by the court without further money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
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 TI-IR
OFHCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
1-800-990-9108
Americans with Disabflitle~
Act of 1990
The Court of Common Pleas of Curnbe~land County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
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GRACE MO~FER McKEEHAN, : IN TU~ COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : CIVIL ACTION - LAW
:
JOHN RICHARD MeKEEHAN and : CML TERM - ,'~ ~- ,'~ ~' --~ ~
DONALD A. MeKEEHAN, :
Defendants :
COMPLAINT
AND NOW, this 2nd day of May 2001, comes the plaintiff, GRACE MOTTER
MeKEEHAN, by her attorneys, Irwin, McKnight & Hughes, and makes thc following Complaint
against the defendants, JOHN RICHARD McI~.I~.HAN and DONALD A. McKEEHAN as
follows:
The plaintiff, Grace Motter McKeehan, is an adult individual residing at 3208 Rimer
Highway, Newville, Pennsylvania 17241.
e
The defendant, John Richard McKeehan, is an adult individual res~alnS at 240 Mooredale
Road, Carlisle, Pennsylvania 17013.
The defendant, Donald A. McKeehan, is an adult individual residing at 219 Mooredale
Road, Carlisle, Peonsylvania 17013.
2
f
The plaintiff filed a Complaint in Divorce in the Court of Common Pleas of Cumberland
County at Docket No. 97-2092 Civil Term, against the defendant, John Richard McKeehan.
On January 11, 2000, the plaintiff and defendant, John Richard McKeehan, entered into a
Marriage Settlement Agreement which provided that several farms were to be conveyed to the
plaintiffin return for other property she conveyed to the defendant, $ohn Richard McKeehan. A
copy of the Agreement is set forth and attached to this Complaint and is marked as Exhibit "A".
As a pan oft_he marital dislribution, the plaintiffwas awarded 2551 Walnut Bottom
Road, Carlisle, Pennsylvania 17013, which contained a barn and several silos. The defendant,
John Richard Mc, Keehan, was to remove certain personal property and grain, but the barn and its
fixtures were to remain and to be the sole prope~y of the plaintiff.
On or before March 1, 2000, the de~-ndant, John Richard McKeehan, was to vacate 2551
Walnut Bottom Road and remove his personal property. (See page 13 of the Agreement set foRh
above.)
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On or about March 1, 2000, the defendants did the following damage to the barn on the
property of the plaintiffby the removal of the following equipment:
a. 16 foot silomatic Gemini Ring Drive Unloader ............................. $8,255.00
b. Conveyor in barn/Electrical outlet ................................................. $ 1,900.00
c. Fiity foot silomati¢ cradle feeder/Base unit ................................... $3,250.00
The total cost of replacement of these items is $13,405.00 which is the estimate from Ed
Heberlig Enterprises, a copy of which is attached and marked as Exhibit "B".
o
The defendant, John Richard McKeehan, broke a door at the farmhouse and did other
damage which will cost Three Hundred Fiiy and no/100 ($350.00) Dollars to repair, a copy of
total repair contract from Harry Williams is attached hereto and marked as Exhibit "C".
10.
The pleintifflost rent of $350.00 for March and barn rent fi-om March 2000 to the present
at $12:5.00 pet month from March to the present for a total of $2, 100.00.
11.
The defendant, John Richard McKeehan, received a security deposit from a tenant, Roger
Mohr, for Aparlment Number three (3) located at 2551 Walnut Bottom Road, Carlisle,
Pennsylvania 17013. The defendant has refused to turn over said security deposit to the plaintiff
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in the amount of One Hundred Twenty Five and no/100 ($12S.00) Dollars. Said security deposit
was collected by defendant, Donald McKechan. A copy of the receipt for the security deposit as
well as the statement of the tenant is attached hereto and mad~ed as Exhibit "D".
12.
The defendants left manure, junk debris, and repair work to be completed as follows:
a. Clean out feed room ................................. $65.00
b. Remove manure from barn ...................... 472.50
¢. Farmhouse rcpah's/cleaning ..................... 300.00
d. Apartment #2 (Clean and Repair)
Roger W. McKechan ................... 480.00
Randy L. George ......................... 416.00
Total]Cle~ming ~md Relmirs ............. $1,733.$0
Copies of the above-referenced cle~nlng and repair work completed are attached hereto
and marked as Exhibit "E".
13.
The defendants removed all the electric fuses and breaker boxes in the barn which will
cost a total amount of Two Hundred Two and 41/100 ($202.41) Dollars. A copy of the estimate
is attached he~lo and marked as Exhibit "F".
14.
Damages to the farmhouse epamncnt were as follows:
1. Harry R. Williams - Repairs .............................. $330.00
$380.00 - $50.00 for storm door)
2. Cleaning and repairs to aparunent
Sandra Moyer and Ronald J. Crull ....................... 300.00
3. Cleaning and painting
Randy L. George .................................................. 416.00
4. Cleaning and repairs to ceiling
Roger W. McKeehan ............................................ 480.00
5. Cost of ceiling file ................................................ 1 ! 8.40
6. Paint - Ebcrts .......................................................... 54.43
7. Paint - Kmart .......................................................... 15.92
8. $. Bcckholt Cleaning ............................................. 97.50
TOTAL ............ $1,862.25
15.
The total damages sought by the plaintiffare Nineteen Thousand Six Hundred Eighty
Three and 16/100 ($19,683.16) Dollars.
WHEREFORE, the plaintiff, C-race Motter McKeehan, respectfully requests that this
Honorable Court enter an order against the defendants, John Richard McKeehan and Donald
McKeehan, requiring them to provide the relief set forth above to said plaintiff.
Respectfully submitted,
IRWIN, McKNIGHT & HUGI~F.S
717-249-2353
Supreme Court I.D. No: 2:5476
Date: May 2, 2001
EXHIBIT "A"
GRACE MOTTER McKEEHAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 97 - 2092 CIVIL
:
JOHN RICHARD McKEEH~, :
Defendant : IN DIVORCE
THE ~4ASTER: Today is Tuesday, January 11,
2000. This is the date set for a Master's hearing in the
above captioned divorce proceedings. We have scheduled
three days of trial in this case to address all of the
issues and after considerable negotiations today, counsel
have advised the Master that the parties have reached an
agreement with respect to the outstanding economic issues.
Present in the hearing room are the
Plaintiff, Grace Motter McKeehan, and her counsel Marcus A.
McKnight, III. Also with Mrs. McKeehan is her son, Roger
William McKeehan. The Defendant, John Richard McKeehan, is
present along with his counsel Charles Rector. Also
present with Mr. McKeehan is his son, Donald McKeehan.
The action was conunenced by the filing of a
divorce complaint on April 22, 1997, raising grounds for
divorce of i~retrievable breakdown of the marriage.
Counsel are going to have the parties sign affidavits of
consent and waivers of notice of intention to request entry
of divorce decree today. The affidavits and waivers will
be filed with the Prothonotary by the Master's office so
that the divorce can be concluded under Section 3301(c) of
1
the Domestic Relations Code.
The Plaintiff filed an amended complaint on
August 25, 1997, raising economic claims of equitable
distribution, alimony, alimony pendente lite, and counsel
fees and expenses. It was with respect to those economic
issues that the Master scheduled hearings in this case to
be conducted this week and those issues as indicated have
been amicably resolved by the parties.
An agreement is going to be stated on the
record with respect to the resolution of the economic
issues. The agreement as stated on the record will be
considered the substantive agreement of the parties not
subject to any changes'or modifications except for
correction of typographical errors which may be made during
the transcription. After the agreement has been
transcribed, the draft will be sent around to counsel to
review for typographical errors and correction of
typographical errors can be made, after which the parties
will be asked to affix their signatures to the agreement by
way of affirmation of the terms of the settlement.
However, if neither of the parties sign the agreement they
are still bound by the agreement as stated on the record
with respect to the substantive terms, so that when the
parties leave here today, irrespective of whether or not
the agreement has been signed, they will be bound by the
terms of settlement as stated on the record.
The parties were married on September 29,
1967, and separated in October 1996. There is one child of
this marriage; both parties have children from prior
marriages.
.After the agreement has been reviewed for
typographical errors and the parties have signed by way of
affirmation, or if they have not signed, the Master will
prepare an order vacating his appointment requesting that
the Court entertain a praecipe transmitting the record for
the purpose of having a final divorce decree entered.
Mr. McKnight has indicated that for the
record Kevin Benton has joined us in the hearing room. By
order of Court, Kevin Benton is the CPA who has been
managing the funds deposited with him.
Mr. Rector.
MR. R~C?OR: Mr. and Mrs. McKeehan, I will
now dictate on the record the entire settlement reached in
your case. There will be some jumping around, so I would
ask that yo~ both pay particular attention to my words and
also to the words of attorney Marcus McKnight, who will
also be assisting me in dictating the settlement agreement
on the record.
To reiterate one important thing that the
Master has indicated, when Marcus McKnight and I are
finished dictating this on the record, you will be sworn as
witnesses and asked if, among other things, you understood
what we've dictated on the record, so there is no confusion
at the conclusion of our dictating this agreement following
your affirmation that you understand it and that it is
acceptable to you. There will, in fact, be a bona fide
enforceable agreement after that is completed. So I would
ask that you both pay particular attention to what I am
prepared to tell you.
Attorney McKnight and I have prepared what
we will describe as Settlement Exhibit No. 1, which reads
"McKeehan settlement". Both parties can confirm that this
document has various scratch marks on it, a number of items
are scratched out, changes made, but what is not scratched
out will firstly indicate the in kind distribution of
assets to each of the parties.
! will start, John, on your side -- the left
side of that statement and go through with you the assets
that you will be awarded and are in fact receiving in this
case.
Firstly, the property known as 240 Mooredale
Road, Carlisle, Pennsylvania, with an appraised value of
$507,000.00 minus a $45,000.00 mortgage. For purpose of
this transcription today, that mortgage balance is an
approximate balance. John, you are agreeing to pay that
mortgage in its entirety and further, with respect to that
mortgage, to refinance that mortgage within ninety (90)
days of today's date and to hold harmless Mrs. McKeehan
from any obligation on that particular mortgage.
The next property that you will be receiving
· in today's settlement is known as the Stone House Road
property in Carlisle, Pennsylvania. It is a 49.38 acre
lot.
The next property is 88 Mooredale Road,
Carlisle, Pennsylvania.
Mr. McKeehan, the next property you'll be
receiving is 297 Richland Road, Carlisle, Pennsylvania.
That has an appraised value of $585,000.00. There is also
an existing mortgage balance of approximately $100,000.00
due and owing to York Farm Credit. Mr. McKeehan, you are
fully responsible for payment of that mortgage and in
addition, you are agreeing to refinance the balance of that
mortgage within ninety (90) days of today's date. You
will also be providing a hold harmless to Mrs. McKeehan
such that s~e will not be responsible henceforth for any
portion of that mortgage obligation after today.
You are receiving the property also known as
Mooredale Road, Carlisle, Pennsylvania. It is described as
an 8.26 acre lot.
In addition, you are receiving all
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equipment, all crops, and all livestock and are provided
with a credit on equitable distribution of 14 months at
$500.00 which totals $7,000.00.
In addition, Mr. McKeehan, you are being
credited with already receiving $10,000.00 which
constitutes the bounced checks from Farmers Trust which was
your responsibility after the other obligations, which
totalled approximately $6,000.00 were made good with the
trustee.
Mr. McKeehan, you are responsible for
payment in full of all existing debts due and owing to
various creditors, both individual and joint, which
obligations are evidenced in the office of Kevin Benton,
CPA, and the total of the marital debts that you will be
responsible for approximates $111,935.00. However, let me
add, that the true and correct total that you will be
responsible for will be the total existing in Mr. Benton's
office as of today. So if it is higher or lower, you're
responsible for that.
MR. Mci{NIGHT: Can we go off the record?
(A discussion was held off the record.)
FA~. RECTOR: We just had a conversation off
the record with Mr. Benton and he confirms that the
outstanding debt due and owing to his office for bills, as
of today, is approximately $116,000.00. So, Mr. McKeehan,
you will be responsible for payment of those debts and you
will be absolving Mrs. McKeehan of any responsibility to
pay anything towards those debts.
I would like to next direct the parties'
attention to Mrs. McKeehan's in kind asset distribution in
this case.
She is receiving bank accounts which total
approximately $110,821.00. Those accounts include the
certificate of deposit located at Farmer's National Bank,
Mrs. McKeehan certificate of deposit located at York
Federal. Also included is Mrs. McKeehan's account at
Farmer's National Bank. And lastly included in that total
is the award to Mrs. McKeehan of the remaining current
balance existing in Mr. McKeehan's IRA account.
Now, by way of clarification, counsel for
the parties will facilitate what is called a trustee to
trustee roll over of that IRA to eliminate the imposition
of federal taxes on that money.
Now, in addition to the bank accounts, Mrs.
McKeehan, you are receiving the appreciation that may exist
on the property known and numbered as 3208 Ritner Highway,
Newville, Pennsylvania, and in addition the adjacent home
which you received through an inheritance known as 3206
Ritner Highway, Newville, Pennsylvania, and, Mr. McKeehan,
you confirm that you are waiving all right, title, and
7
interest in and to either of those two properties in favor
of Mrs. McKeehan.
Mrs. McKeehan will also be receiving the
total of 14 months advanced equitable distribution payments
at $1,650.00 per month which total $23,100.00, and by way
of clarification, those monies have been received by her to
date.
By way of real estate, Mrs. McKeehan will be
awarded the following properties:
a) The Mt. Rock Estates property, which
contains 62.19 acres, valued at $248,500.00;
b) The property known and numbered as 2551
Walnut Bottom Road, with an appraised value of $510,000.00;
c) The Walnut Bottom Road Acreage, which
totals 47.425 acres, with an appraised value of
$200,000.00.
Now, Mr. and Mrs. McKeehan, that outlines
the in kind distribution of assets that you will be
receiving.
In addition to those assets, Mr. McKeehan,
you are agreeing and have agreed to pay your wife the lump
sum of $175,000.00 in cash in addition to the assets that
she is receiving as identified on "McKeehan settlement"
exhibit and said money is to be paid to Mrs. McKeehan
within ninety (90) days of today's date and shall be
8
forwarded to her through counsel. By way of clarification,
that payment constitutes an equitable distribution payment
that is a nontaxable payment to Mrs. McKeehan and not
deductable for tax purposes by Mr. McKeehan.
The parties agree that in several minutes
each of you will execute the necessary affidavits to
finalize your divorce. We anticipate that the divorce
could likely be finalized within two to three weeks or
sooner. In addition, the parties agree that the existing
support/APL order existing between them shall cease and
terminate effective with this agreement.
In addition, all equitable distribution
payments shall cease and terminate effective with this
agreement.
The parties also agree that all related
economic claims that were filed in relation to their
divorce action, including but not limited to, equitable
distribution, alimony, alimony pendente lite, support,
counsel fees, costs, or any other related claims that I
have not mentioned, those claims shall be formally
withdrawn by counsel for the parties as soon as
practicable.
The parties further agree that they shall
cause the immediate withdrawal of any and all pending
petitions before the court that may involve this case,
9
including the pending contempt petition scheduled to be
heard by Judge Guido. The parties understand that by
agreeing to the terms of this settlement that all
litigation involving this case has ended.
In addition, although not a party to this
case, Donald McKeehan, who is represented by Donald T.
Kissinger, Esquire, agrees to the following:
a) He shall cooperate to every extent to
facilitate settlement that I have described with his
father;
b) Donald McKeehan, to the extent that he
has raised through his attorney Donald T. Kissinger,
Esquire, any and all claims relating to conflict of
interest by Mr. McKnight, motion to quash testimony and/or
production of documents and further, any other motion that
I have not mentioned, Donald McKeehan specifically agrees
to notify his counsel to immediately discontinue and to
hereafter never file in this or any other forum any such
petitions relating to this case inasmuch as he agrees that
the case being settled, those petitions are now
unnecessary;
c) Donald McKeehan finally agrees to
forever refrain from filing any action pro se or through
counsel against Mr. McKnight or Mr. Rector for any
violation of the rules of professional conduct that he
10
believes that may have occurred in the case. By way of
clarification, neither attorneys Rector or McKnight
acknowledge any professional impropriety by including this
provision in the McKeehan's settlement agreement.
MR. McKNIGB?: There are just a couple of
things that I ~ould like to put on the record.
It is specifically understood that Donald
McKeehan is not going to make any claim with any judicial
body about any of these matters.
(A discussion was held off the record.)
MR. RECTOR: We have had an off the record
discussion with Mr. Benton who confirms that there is an
existing balance in the parties' trust account. We have
agreed that the parties shall divide equally that total and
that each shall receive $178.19 from the existing balance.
Mr. McKeehan agrees that he shall be solely
responsible for payment to Mr. Benton of Mr. Benton's
services today and for future services in resolving the
outstanding obligations that are due and owing in the case.
I anticipate'that Mr. McKeehan will continue using Mr.
Benton even after payment of the existing bills is
accomplished.
By way of clarification, the parties agree
that Mr. Benton's responsibilities, pursuant to the court
order in this case, are terminated .effective this date
11
except as we have specifically described on the record.
(A discussion was held off the record.)
MR. RECTOR: The parties agree that with
respect to any existing order, including but not limited
to, orders of injunction, both by Judge Guido, Judge
Bayley, and any other orders that are in existence, those
orders, by agreement of the parties, are suspended. The
only agreement that we have is the agreement that we are
reciting on the record today.
Lastly, in consideration for the agreement
of Donald McKeehan to comply with the terms of this
agreement, Mr. and Mrs. McKeehan specifically waive all
right, title, and interest they may have in the properties
known as the Lay farm and the 641 farm respectively. By
way of clarification, any legal or equitable interest that
either party to this action may have had to either of the
above two properties is forever waived.
MR. MC/~/~IGHT: The parties agree to
exchange, by deed, interest in the properties that they are
awarded under this settlement agreement.
Furthermore, John Richard McKeehan agrees to
provide to Grace Motter McKeehan a quitclaim deed for the
properties that are in her own name located at 3208 and
3206 Ritner Highway, Newville, Pennsylvania.
MR. ~ECTOR: With respect to the deeds,
12
counsel for the party who is receiving the real estate
shall be responsible for preparing the deed to that real
estate.
MR. Mc~(I~IGH?: By way of further
clarification, regarding the real estate that is being
distributed to.Grace McKeehan, all rents effective today
will become the rents of Grace McKeehan. Furthermore, with
regard to the property being currently used by the
Defendant, John Richard McKeehan at 2551 Walnut Bottom
Road, he agrees for the month of January to pay $300.00 a
month rent to Grace McKeehan and if necessary, if he
remains in the property past the end of the month, an
additional $300.00 for the month of February, after which
he agrees to vacate the property.
Grace McKeehan does agree to permit John
Richard McKeehan and/or Donald McKeehan to lease her farm
land in excess of 200 acres on the three properties that
she is receiving, and she agrees to charge rent of $30.00
per acre payable in two installments, one being paid on
July 1st and one being paid on December 31st of the year
2000. She expressly limits this though to the year of 2000
and no agreement or rights will continue beyond the year of
2000 unless further negotiated by the parties. This does
not preclude, however, Grace McKeehan from entering into an
agreement of sale for any of the properties that she is
13
being awarded as part of this equitable distribution.
~R. REC?oR: By way of clarification on the
mortgage due and owing on the property known as 240
Mooredale Road, we believe that because Mr. Wayne Jones is
the current mortgagee that that will be a matter of
redrafting the mortgage and note. We are advised that Mr.
Jones will faciliate the removal of Mrs. McKeehan's name
from that mortgage by means other than a technical
refinance so we will also accomplish that as part of the
deed transactions.
(A discussion was held off the record)
MR. McKNI~HT: With regard to the IBA roll
over, John McKeehan agrees to provide, through counsel,
current information on that account, and the entire balance
of the account regardless of the date of the transfer will
be transferred into a qualified IRA account designated by
Grace Motter McKeehan and that both parties agree to sign
all documents necessary to facilitate that.
MR. ~ECTOR: Each of the parties hereby
waives all r~ght, title and interest each may have in and
to all household furnishings, personal belongings, etc.,
currently in the possession of the other.
Except as herein otherwise provided, each
party may dispose of his or her property in any way and
each party hereby waives and relinquishes any and all
14
rights he or she may now have or hereafter acquire under
the present or future laws of any jurisdiction to share in
the property or the estate of the other as a result of the
marital relationship including without limitation,
statutory allowance, widow's allowance, right of intestacy,
right to take against the will of the other, and right to
act as administrator or executor in the other's estate.
Each will at the request of the other execute, acknowledge,
and deliver any and all instruments which may be necessary
or advisable to carry into effect this mutual waiver and
relinquishment of all such interest, rights, and claims.
~4R. M~KNIGH?: It is agreed that John
McKeehan will pay the sum of $175,000.00 to Grace McKeehan
within ninety (90) days of today. Likewise, within ninety
(90) days of today, he will remove all equipment and
livestock from the three real estate properties that have
been awarded to wife as part of this settlement agreement.
MR. ~CTOR: With respect to the notice that
Mrs. McKeehan will provide regarding the farming rights, to
the extent Ghat Mrs. McKeehan decides to not continue
extending farming rights to Mr. McKeehan after the year
2000, she agrees to provide written notice to him on or
about August 1 of 2000.
Whereupon, GRACE MOTTER McKEEHAN, JOHN
RICHARD McKEEHAN, AND DONALD McKEEHAN, all having been duly
15
sworn:
MR. RECTOR: Mr. McKeehan, we'll talk to you
first. You have heard the agreement that has been recited
on the record and you have also looked at, with me, what
we've identified as "McKeehan Settlement" Exhibit No. 1,
and I ask you whether or not you have had a full
opportunity today to talk to me about the case and to
discuss settlement. What is your answer?
MR. McKEEHAN: Yes
MR. RECTOR: A_nd do you understand the
settlement that I dictated on the record?
MR. McKEEHAN: Yes.
MR. RECTOR: Do you agree with the
settlement that I have dictated on the record?
MR. McREEF~e~N: Yes.
MR. RECTOR: And are you satisfied with my
respresentation of you in this case?
MR. M~EEEHAN: Yes.
MR. RECTOR: And are you satisfied with the
settlement ~greement that I have reached on your behalf?
MR. McREEHAN: Yes.
MR. RECTOR: Do you have any questions at
all about the settlement agreement that we have reached in
your case?
MR. McREEHAN: No.
16
THE MASTER: Mr. McKeehan, do you understand
that when you leave this room you are bound by the terms of
this agreement even though it isn't signed by you?
MR. McKEEHAN: Yes.
MR. McENIGHT: Grace, you have heard the
terms of the settlement agreement put on the record?
MRS. MoKEEHAN: Yes.
MR. McENIGHT: And you took part in
negotiations held this day to reach those terms; is that
correct?
MRS. McKEEHAN: Yes.
MR. McENIGHT: And are you satisfied with
the terms of this agreement?
MRS. McKEEHAN: Yes.
MR. McENIGHT: Are you satisfied with my
representation of you in that regard?
MRS. MCKEEHAN: Yes.
MR. MoKNIGHT: And you're willing to be
bound by the terms of that agreement with regard to all
issues brought up in this case?
MRS. MoEEEHAN: Yes.
THE MASTER: Do you understand, Mrs.
McKeehan, that when you leave here today you are bound by
this agreement even though there is no signing later on?
MRS. MoKEEHAN: Yes.
17
MR. RECTOR: And lastly, Donald McKeehan,
you have heard the agreement recited on the record in this
case reached by your father and stepmother?
MR. DONALDMcKEEHAN: Yes.
MR. RECTOR: And you have also heard me
dictate on the record several references to you including
your agreement to assist your father and to also not do
certain things, including but not limited to, continuing
litigation on your own or with counsel, you've heard those
points recited on the record?
MR. DONALD MoKEEHAN: Yes.
MR. RECTOR: Do you agree with them?
MR. DONA?n McKEEHAN: Yes.
MR. RECTOR: Do you agree to refrain from
litigating any portion of this case now or in the future?
MR. DONALD McKEEHAN: Yes.
MR. RECTOR: You understand this case is
settled?
MR. DON~Tn McKEEHAN: Yes.
MR. RECTOR: Do you agree to specifically
not file any formal disciplinary complaint against your
stepmother's attorney Marcus McKnight in this case?
MR. DON~T.n McKEEHAN: Yes.
MR. RECTOR: YOU agree to not do that?
MR. DONALD MoKEEHAN: Yes.
18
MR. RECTOR: You have counsel in this case?
MR. DONALD McKEEHAN: Yes.
MR. RECTOR: His name is Donald T.
Kissinger, Esquire?
MR. DONALD McKEEHAN: Yes.
MR. RECTOR: He is not present?
MR. DONALD McKEEHAN: Correct.
MR. RECTOR: And you are nonetheless
agreeing to do these things and to not do certain of these
things despite the fact that he is not present; is that
correct?
MR. DONALD McKEEHAN: Yes.
MR. RECTOR: And are you also agreeing to
direct him to discontine anything which he may have been
directed by you to do prior to us reaching this settlement?
MR. DONALD MoKEEHAN: Yes.
MR. RECTOR: Do you have questions?
MR. DONA?.~ McKEEHAN: No.
MR. RECTOR: Do you understand this
settlement?'
MR. DONALDMcKEEHAN: Yes.
MR. RECTOR: Do you understand your
responsibilities?
MR. DONA?.n McKEEHAN: Yes.
MR. McKNIGHT: Mr. Donald McKeehan, you
19
understand that you're also waiving any right to file any
claim with regard to any contact with Mr. Rector in this
matter on behalf of your father?
MR. DONALD McKEEHAN: Yes.
MR. McKNIGHT: Whether it be last week's
deposition or anything else involving this case?
MR. DONA?n MoKEEHAN: Yes.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend
to bind myself to the settlement as a contract obligating
myself to the terms of settlement and subjecting myself to
the methods and procedures of enforcement which may be
imposed by law and in particular Section 3105 of the
Domestic Relations Code.
WITNESS: DATE:
Attorney for Plai~f~ ~race Motter McKeehan
Charles Rector John Richard McKeehan
Attorney for Defendant
Donald McKeehan
20
EXHIBIT "B"
(717) 776-4661 Fax: (717) 776-4408
329 Mt. Ro~k Road
Ncwville, PA 17241
EXHIBIT
WINDOWS/DOORS/AWNINGS INTERIOR PANELING & CEILINGS
INSULATION ALUMINUM SIDING
WILLIAM'S
3696 Rimer Hwy. Home: 776-4273
Newville, PA 17241 CONTRACT
· _ _ A., .' ,'~31'~,L PRICE
Telephone: TERMS,
quali~ ma~eriak and labor.
Any extras will be over and above the price of *hi. contract.
A One-h~lf (~b) Downlmyment Jo neeesmry for this contract to be bindlnf and also to obtf~in
tnateria]L
'file bel~ee is to be paid upon completion of the job, or as oth~w;de stated above.
All work and materials are guaranteed 100~.
CONTRAC~AND
!qALESMAN WItp'E.
EXHIBIT
........ ~F. ~.~e.cu~_~/_~Z~ o~ ~..1~ _1.~ ...................... ..... ~. ~/~V~...A~.~. O~E. ~o~~ A~.~ ..............
......... ~-~ B.~._~e~ ..... cZ~8~.~z.[,__~., __.Z ~o~..Z
~.. ............................
EXHIBIT
O 1777 Walnut BoUom Road O
Newville, Pa. 17241
"In all thy ways acknowledge him, (717) 776-8'
and i,e shall direct thy paths." Prov. 3:6 NO 1950
SOLD
TO This Merchandise Received By:
CUSTOMER SIGNATURE
Terms: Net 30 days· A finance cha~.ge of I'/~% per month
(18% APR) will be charged after 30 days·
DESCRIPTION PRICE AMOUNT
:: .. ' '. ' ;":.::i':':":: ;".'. i'
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O 17'i7 Walnut Bottonl Road O
Newville, Pa. 17241
(717) 776-5054
"In all thy ways acknowledge I,,m. N o_ 19 3 9
and he .shall direct thy paths" P~,)v. 3:6
C~.,/~'~,,~.,.~, ~, This Merchandise Received By:
CUSTOMER SIGNATURE
(18% APR) wtll be charged after 30 days
~A~TY -_ DESCRIPTION PRICE AMOUNT
· . ~ ~ - j
308 CHERYL AVENUE, P.O. BOX 1189, MECHANICSBURG, PA 17055 ......
PHONE: 717-766-2508 1-800-36~-6800 FAX: 717-790-9642
· ',~ ,j.. .,.,.. .~..~ ...~ ...
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EXHIBIT "F"
SR Electric Motor Service Quote
~ Zion Ro~d
Carlisle, PA 17013 DATE ] QUOTE NO.
PH 717-486-8293 ........ ~ ....
FX 717-486-8630 4/29/2000 i 502
McKEEHAN I
PROJECT
DESCRIPTION QTY : RATE , TOTAL_
i'io-~ B~E~ c~/ ................... i 4'!........ 6.~;4! -' 24.96T=
.30A BRE,MC~ER CH ] I I 14 3oi 14.30Ti
160A BREAKER CH ~ I ' 14.30 14.30T
8/2 ROMEX 301 0.36' 10.80Ti
il0/2 ROMEX 75! 0.281 21.00Il
12/3 ROMEX 30 0.235: 7.05T,
LABOR 5.5 20.00 ! I I 0.00T I
Sales Tax 0.00 0.00
! TOTAL $202.41
VERIFICATION
I have read the statements made in the foregoing Complaint and they are true and correct
to the best of my knowledge, information and belief. I understand that false statements herein
made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification
to authorities.
GRACE M. MeKEEHAN
Date: April 24 .2001
GRACE MOTTER MeKEEHAN, : IN Tier COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : CIVIL ACTION - LAW
;
JOHN RICHARD McKEEHAN and :
DONALD A. MeKEEHAN, : CIVIL TERM
Defendants :
CERTIFICATE OF SERVICE
I, Ma~-us A. McKnight, III, Esquire, hereby certify that a copy of attached Complaint
was served upon thc following by depositing a Irue and correct copy of the same in the United
States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on thc date referenced below
and addressed as follows:
Charles Rector, Esquire
1104 Fernwood Avenue
Camp Hill, PA 17011
Attorney for Defendant, John Richard McKeehan
IRWIN, ~IG~T~ HUG--S
By: ~
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D, No. 25476
Date: May 2, 2001
SHERIFF' S RETURN - REGULAR
CASE NO: 2001-02650 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MCKEEHAN GRACE MOTTER
VS
MCKEEHAN JOHN RICHARD ET AL
BRIAN BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
MCKEEHAN JOHN RICHARD the
DEFENDANT , at 0017:09 HOURS, on the llth day of May , 2001
at 297 RICHLAND ROAD
CARLISLE, PA 17013 by handing to
MARCUS A. MCKNIGHT III
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff,s Costs: So Answers:
Docketing 18.00
Service 4.34
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
32.34 05/14/2001 /'
MARCUS A. MCKNIGHT, III
Sworn and Subscribed to before By: ~'~_..,'% ~j~
me this ~3~ day of Deputy~S~eriff -
~ ~ A.D.
! P~othonOtary
SHERIFF' S RETURN - REGULAR
CASE NO: 2001-02650 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MCKEEHAN GRACE MOTTER
VS
MCKEEHAN JOHN RICHARD ET AL
BRIAN BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
MCKEEHAN DONALD A the
DEFENDANT , at 0017:02 HOURS, on the llth day of May , 2001
at 219 MOOREDALE ROAD
CARLISLE, PA 17013 by handing to
DONALD A. MCKEEHAN
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
.00
Service 3.10
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
19.10 05/14/2001
Rcus A. MC CHT,
Sworn and Subscribed to before By:
me this 2 a~-~. day of ' Deputy Sheriff
~! A.D.
/ Frothonotary '