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HomeMy WebLinkAbout04-3814 SHARON L. KEEFER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW :IN DIVORCE NORMAN KEEFER, SR., Defendant :NO. 2004- 31N CIVIL TERM 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 armulment 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, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MA Y LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER 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 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. SHARON L. KEEFER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW :IN DIVORCE NORMAN KEEFER, SR., Defendant :NO. 04- CIVIL TERM DIVORCE COMPLAINT WITH COUNTS FOR ALIMONY AND EQUITABLE DISTRIBUTION The plaintiff, Sharon L. Keefer, by her attorneys, the Family Law Clinic, sets forth the following cause of action: COUNT I COMPLAINT UNDER 23 Pa. C.S. SECTIONS 3301(a)(6), 3301(c) AND 3301(d) OF THE DIVORCE CODE I. Plaintiff is Sharon Keefer, who currently resides at 553 North Enola Drive, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant is Norman Keefer, Sr., who currently resides at 405 West Kaller Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on March 25, 1968 in Marysville, Pennsylvania. 5. Plaintiff and defendant have lived separate and apart since July 2003. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff avers that defendant has offered such indignities to the plaintiff, an injured and innocent spouse, as to render the condition of the plaintiff intolerable, and life burdensome. 9. Plaintiff has been advised that counseling is available and that plaintiff or defendant may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the court to enter a decree of divorce dissolving the marrIage. COUNT II ALIMONY 10. Plaintiffrepeats and realleges paragraphs one through nine. 11. Plaintiff and Respondent were married in March 1968, and therefore this is a marriage oflong duration, specifically thirty-six years. 12. Plaintiff is fifty-two years old, is disabled, and is unable to work. 13. Plaintiff does not have a high school education. 14. Plaintiff has been the primary caretaker of the parties' three children, the youngest of which is now thirty years old. As the homemaker and primary caretaker of the children, Plaintiff forwent economic opportunity that would otherwise have been available to her. 15. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standards of living established during the marriage. 16. Plaintifflacks sufficient property to provide for her reasonable needs and is unable to support herself through full-time employment. 17. Defendant is employed and is financially able to provide for the reasonable needs of the Plaintiff. WHEREFORE, Plaintiff requests the court to enter an award ofreasonable alimony, and such other relief as the court deems just. COUNT III EOUlTABLE DISTRIBUTION 18. Plaintiff repeats and realleges paragraphs one through nine. 19. Plaintiff and Defendant have acquired marital assets and debts subject to equitable distribution under the Divorce Code, including, but not limited to, furniture, vehicles, and a pension. WHEREFORE, Plaintiff requests the court to enter a decree dividing the property equitably between the parties and such other relief as the court deems just. Respectfully Submitted, Date 8/4)D4 ~IJJU~Q Amy ~;I Certified Legal Intern ~~6 LUCY JOHNSTON-WALSH Supervising Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 VERIFICATION I verifY that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me tot he penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date~/ rlotj i6i!~efer / /6iu " r-,..") ,- C"::. U " C:::-.l -n , c. H ,- , ~ ~- -,,- 1...r:. ~ SHARON L. KEEFER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE :J1f fy : NO. 2004-' CIVIL TERM NORMAN KEEFER, SR, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS / Kindly allow Sharon L. Keefer, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date 8/4104 0. JYY\.u)J !\). ~. 0 Amy K~~;- ..l.J ~ Certified Legal Intern }M6~rlJ~-{/ ANNE ONALD-FO"ff LUCY JO STON- WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 () (~ r--> O:;::.? c:.:..::. _0- o .-!'l L; ~..,. ~.. ~- \j;:.. SHARON L. KEEFER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW : DIVORCE NORMAN KEEFER, SR., Defendant : No. 04-3814 CIVIL TERM VERIFICATION OF SERVICE Understanding that the making of any false statement would subject The Family Law Clinic to the penalties of 18 Pa. C.S. 94904 (relating to unsworn falsification to authorities), the undersigned verifies that she mailed a true copy of a Divorce Complaint to the Defendant by placing the same in the U.S. Mail, certified no. 7003 3110 0004 5774 2174, restricted delivery, return receipt requested, postage prepaid, on the 9th day of August, 2004 addressed as follows: Norman Keefer, Sr. 405 Kaller Street Mechanicsburg, P A 17055 Sender's receipt no. 700208600001 58478707 is attached hereto and incorporated by reference. On the 19th day of August, 2004, green certified mail return receipt no. 7003 3110 0004 57742174 was delivered to the Family Law Clinic, bearing the signature Norman Keefer, Sr., and showing a date of service of August 18,2004. The return receipt is attached hereto and incorporated by reference. Dated: f\ rm "l ~l\11Drf.l ~zel Certified Legal Intern F AMIL Y LAW CLINIC 45 N. Pitt St. Carlisle, P A 17013 717-243-2968 1 Article Addressed to: + -'-.. .... Mr.,.,.,<!.1'/ K'-GeJq-, ..\r; ~c S I(~ {/.q- ...l~r 171cL<:./z4'1;'fi607/ fJrj 17 0 5'S D. o Agent o Addressee OVes - ONo -- 2. An;c/e Number (COpy from Service labelj I ? a:? 3' 0 t> 00 PS Form 3811, July 1999 XPress Mall Return ReceiPt for Merchandise o C.O.D. Domestic Return Receipt 57751' J/:~ OVes 102595-99_M'1789 ::r "- r'! ru Postage $ ::r Certified Fee a a Retu", ~IFee a CEndol'l8rnent Required) a R-De[ve<yFee r'! (Endorsement RequIred) r'! Total Postage & Fees $ ~._.- ".., gj . A I r fb.tJ n /t' , - / '4-.;-...4.4.,............... ~ ~.tiM:~;p-..~; ~.......K4~....:5.lt.uZ......... ~:SiaiO..z,........ ..... ....... . ) 7 a::>S- ~ 'Q ~.~- \t~ ;% I.l-IS <::) .:S Ci> ~ '6 ~ ~ Od: ..s. ~ J' -..... ..-r - ~ 3~ ...:>~ 02 ~: U) "Sz -,.-"-" ,")fij '-'~O- d:_ :;;,t. "3 ~.~ SHARON L. KEEFER, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION : IN DIVORCE NORMAN KEEFER, SR., Defendant : NO. 04-3814 CIVIL TERM AFFIDAVIT OF CONSENT I. A Complaint in Divorce under ~~3301(a)(6), 3301(c) and 3301(d) of the Divorce Code was filed on August 4,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice and intention to request entry of the decree. 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. 94904, relating to unsworn falsification to authorities. Date t /J r; / (~"D S I / ~, 'C::--j '.~5Jj ~ -~.-J -, , -:::" - SHARON L. KEEFER, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION IN DIVORCE NORMAN KEEFER, SR., Defendant : NO. 04-3814 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. 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. 94904, relating to unsworn falsification to authorities. Date tf h.( J OOS / / <].. Sharon L. Keefer, Plaintiff ::-:1 c J",,) SHARON L. KEEFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION IN DIVORCE NORMAN KEEFER, SR., Defendant : NO. 04-3814 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Ss3301(a)(6), 3301(c) and 3301(d) ofthe Divorce Code was filed on August 4, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice and intention to request entry of the decree. 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. S4904, relating to unsworn falsification to authorities. Date ~/'/C;:5- ( I 1k.'I! fJ{Ql11 /[.-1.*-,<-., S-t Norman Keefer, Sr., Defendant ,- n (,;' SHARON L. KEEFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION IN DIVORCE NORMAN KEEFER, SR., Defendant : NO. 04-3814 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 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! 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 5/ Ii ci 5>- >7(':Z/;/Ullt /1'J Norman Keefer, Sr., " ... - SHARON L. KEEFER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA v. :CIVIL ACTION - LA W :IN DIVORCE NORMAN KEEFER, SR., Defendant :NO. 2004-3814 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, is made this 17'h day of May, 2005, between Plaintiff, Sharon L. Keefer ("Wife"), and Defendant, Norman L. Keefer ("Husband"). WHEREAS, Husband and Wife desire to enter into an agreement as to all economic issues between the parties and to have this Agreement made an Order of Court; NOW, THEREFORE, Wife and Husband, each intending to be legally bound hereby agree as follows: DIVORCE 1. The parties have lived separate and apart since July 2003. 2. Each party will execute an Affidavit of Consent and a Waiver of Notice ofIntent to Request Divorce Decree within ten (10) days of the signing ofthis Agreement. PERSONAL PROPERTY 3. All clothing, personal property, and household furnishings have been divided between the parties to their mutual satisfaction, and neither party will make any claim to such items that are now in the possession or control of the other. ALIMONY PENDENT ELITE. COSTS. COUNSEL FEES. ALIMONY 4. After the divorce decree is entered, Husband shall pay Wife $20.00 each month for alimony. 5. The alimony payments shall be subject to modification for substantial changes, and subject to termination by law. 6. Both parties waive spousal support, alimony pendente lite, costs, and counsel fees, and agree not to make such claims in the future. REMEDIES 7. If either party breaches any portion ofthis Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and seek any other remedy allowed under Pennsylvania law. 8. Any party breaching this agreement shall be responsible for the payment of all legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief that may be available to him or her. 9. Waiver by either party of such breach of any provision of this Agreement shall not be deemed a waiver of future breaches of that provision or any other provision of this Agreement. FULL AND FINAL SETTLEMENT OF ALL CLAIMS 10. Husband and Wife agree that the execution of this Agreement is a full and final settlement of all economic and other claims between them, including, without limitation, the ownership and equitable distribution of marital property, the past, present and future spousal support, alimony, alimony pendent elite and/or maintenance of either of them, and in general, any and all claims and all other possible claims by one against the other or against their respective estates. BINDING ON PARTIES AND OTHERS 11. This Agreement shall be binding on the parties and their respective heirs, executors, administrators, and assigns. INCORPORATION 12. The parties intend this Agreement to be incorporated, but not merged, into the divorce decree. This Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 13. The parties intend to be legally bound by the terms of this Agreement, and intend that it be filed with the Court as satisfaction of the Equitable Distribution Claim. However, the parties agree that failure to file this Agreement with the Court shall have no effect on the parties' obligations or ability to utilize any remedy for enforcement. MODIFICATION TO BE IN WRITING 14. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties. LAW OF PENNSYL VANIA APPLICABLE 15. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. INTEGRATION 16. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. NO WAIVER OF DEFAULT 17. This Agreement shall remain in full force and effect unless terminated under the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party thereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. WARRANTY AS TO EXISTING AND FUTURE OBUGA TIONS 18. Wife and Husband each warrant that neither has heretofore contracted for any liability for which the other or the estate of the other may be responsible except as specifically disclosed and provided for by the terms of this Agreement. The parties further warrant that each will now and at all times hereafter save harmless and indemnifY the other and the estate of the other from all liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all liabilities of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations identified in or arising out of this Agreement. Except as may be otherwise expressly provided herein, the parties agree that all joint credit and/or charge accounts shall be terminated immediately, and no charges shall be incurred by either party against any joint account from the date of execution hereof. ADVICE OF COUNSEL 19. The provisions of this Agreement and their legal effect have been fully explained to the Wife by her counsel, the Family Law Clinic. The Family Law Clinic has advised Husband of his right to seek counsel; however, he has decided to proceed pro se. Each party confirms that he or she fully understands the terms, conditions, and provisions of this Agreement and believes them to be fair, adequate and reasonable under the existing facts and circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreements. 20. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. .11" 0 ~ OY\. ~' 'SHARON KEEFER Plaintiff } . 1 '1{)Z))LQ77 /(...._~ )":" NORMAN KEEFER', SR. Pro Se Defendant ~ R ~I\Alfid g ~ AMY . KRUZEU Certified Legal Intern -tJrkL ONALD-FOX LUCY HNSTON-WALSH THOMAS PLACE ROBERT RAINS Supervising Attorneys THE F AMIL Y LAW CLINIC Attorneys for the Plaintiff ~::;- ~ "1 ". ~ ('". U.J i=:: ~l_~ SHARON L. KEEFER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE NORMAN KEEFER, SR., Defendant : NO. 04-3814 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 9 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: August 18,2004, by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, April 25, 2005; by Defendant, May 1,2005. 4. Related claims pending: none. S. Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: May 16,2005. Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: May 24, 2005. Date~ ( E INS THO S M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys ~0~ FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/240-5204 (:': ._~! r'~,:'