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HomeMy WebLinkAbout04-6231 DORIS A. KEEFER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CYI- I&,;).&{ Ct"u,L ~8L"'I. : CIVIL ACTION - LA W : IN DIVORCE v. WILLIAM R. KEEFER, Defendant 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 in 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 divorce is indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One 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 ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 Telephone: (717) 249-3166 A VI SO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted de sea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y A viso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falIa de tomar acci6n como de describe anterionnente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIA T AMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA. EST A OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR paR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 Telephone: (717) 249-3166 v. : NO. D4 - 10231 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CI~L~'CL\ CIVIL ACTION - LAW IN DIVORCE DORIS A. KEEFER, Plaintiff WILLIAM R. KEEFER, Defendant COMPLAINT IN DIVORCE 1. The Plaintiff is Doris A. Keefer, an adult individual currently residing at 30 Black Walnut Drive, Etters, Yark County, Pennsylvania, 17319. 2. The Defendant is William R. Keefer, an adult individual residing at 537 Brant A venue, New Cumberland, Cumberland County, Pennsylvania. 17070. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 4, 1990, in Lucas County, Ohio. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. This action is not collusive. 7. Plaintiff and Defendant have lived separate and apart in the same household since on or about September 2, 2004. The parties physically separated on or about November 1, 2004. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c) - The marriage of the parties is irretrievably broken. B. Section 3301(d) - The marriage ofthe parties is irretrievably broken. The parties have lived separate and apart since on or about September 2, 2004. C. Section 3301(a)(6) - The Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and her life burdensome. 9. Plaintiff and Defendant have one child under the age of eighteen, namely Bryan Cody Keefer, born March 10, 1993. 10. Plaintiff has been advised of the availability of marriage counseling and understands that she may request that her spouse and she participate in counseling. 11. Plaintiff does not request that the Court require that her spouse and she participate in counseling prior to a divorce decree being handed down by this Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a final decree in divorce. COUNT I EQUITABLE DISTRIBUTION 12. Paragraphs one through eleven are incorporated herein by reference. 13. During their marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Sections 3501 et.seq. of the Divorce Code of 1980. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all marital property, both real and personal, owned by the parties. Date: Id/Rlot Attorney for Doris A. Keefer AFFIDA VIT I, POi(' l:) Y1. {~f e,( , hereby certify that the aforegoing is 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. 4909 relating to unsworn falsifications to authorities. Dated: /d / r., I D 'f #~ tl4tu ~( -lg. lJ __ "" ~~ ~ 0 \) - ~ o'~ I 0 C>- ~~~ ~'ro- '-.( ~ ~ 1-r;. "- Crt ~ "-> -0 -- '::',:', 0 ( "') 1(":~ 1 .'il C'. .1..- __~ (::1 ~'1 - -rJ ::.. ~c:::~. G -:-. .' '.; 'I-.. ". . -; <..~ cI......J -,' . ) I \ j Y , r',) :-:, .. .. ~-'. .:; c:) ", C,..) Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DORIS A. KEEFER, v. : NO. 0 ~ - ~) 3 ( (11).! T('({v\ - .. WILLIAM R. KEEFER, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE; OF SERVICE The undersigned, j?lilJ D-,-~c)),~~_,. hereby certifies that a copy of a Complaint in Divorce was served upon William R. Keefer, Defendant, on \)001\,', L/-, ~;) 31- 1.-) ).,. . " .-. .----' . )' h, , 200{" at j)" . dJ "-_) ( ( l,) \ - --z__ CC\,,,\..), ,lc,,,A 'r,' ( ," \Q () .m., at , [{\* , I/j\ /)OIU by handing a copy to the Defendant ~ I hereby certifY that the aforegoing is 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. ~4904 rdating to unsworn falsification to authorities. Date: '=0 (\;\.~ cf I ,)..0 ',J ~ 1('- . \ 1..1, :) OC))" C,! LC(. I \ ','. . ..-J.' L(,)~lltt=h\. I~' _c~t'-- {;-~,~:;. ~~ ~-;.' ..;;:~, \ \", -:: '$- (;': -' .s: ------ DORIS A. KEEFER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANI v. : No. 04-6231 CIVIL TERM WILLIAM R. KEEFER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 13,2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, a d ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of 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. S 4904, relating to unsworn falsifications to authorities. Date: Ilj'n! 21/ ZLJor DORIS A. KEEFER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V AN v. : No. 04-6231 CIVIL TERM WILLIAM R. KEEFER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in 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 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. Section 4904 relating to unsworn falsification to authorities. Dale: ~r,1 ~I a?t:2r' I DORIS A. KEEFER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V AN A v. No. 04-6231 CIVIL TERM WILLIAM R. KEEFER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330 I (c) of the Divorce Code was filed on December 13,2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, a d ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of 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. S 4904, relating to unsworn falsifications to authorities. Date: Lf /&/ lor- ! (J~ 7?~ William R. Keefer' / DORIS A. KEEFER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN v. No. 04-6231 CIVIL TERM WILLIAM R. KEEFER, Defendant CIVIL ACTION - LA W IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in 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 t 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. Section 4904 relating to unsworn falsification to authorities. Date: tf /$1 /0 r "~ -Kt:4-- illiam R. Keefer MARRIAGE SETTLEMENT AGREEMENT By and between DORIS A. KEEFER -AND- WILLIAM R. KEEFER Dated: ~// Z~ Z((J-- ,2005 .' INDEX PAGE 1. Divorce and Separation................................................................ 4 2. Division of Property..................................................... ................ 4 3. Child Custody .............................................................................. 7 4. College Education............................................... ......................... 7 5. Lump Sum Payment..................................................................... 7 6. 2003 Isuzu Axiom Sport Utility Vehicle..................................... 8 7. Income Tax Prior Returns............................................................ 9 8. Execution of Additional Documents ........................................... 10 9. Transfers Subject to Liens ........................................................... 10 10. Complete Listing of Property ...................................................... 10 11. Equitable Distribution of Property .............................................. 10 12. Relinquishment of Ownership ..................................................... 11 13. After-Acquired Property.............................................................. 11 14. Debts............................................................................................. [1 15. Bankruptcy ................................................................................... 12 16. Alimony ........................................................................................ 13 17. Full Disclosure ............................................................................. 13 18. Releases ........................................................................................ 13 19. Indemnification ............................................................................ 14 20. General Provisions ....................................................................... IS 21. Fair and Equitable Contents......................................................... 15 22. Breach............................................. ......................................... ..... 15 23. Independent Separate Covenants ................................................. 16 24. Void Clauses ................................................................................ 16 25. Execution of Documents .............................................................. 16 26. Applicable Law ............................................................................ 16 27. Non-Merger......................................................................... ......... 16 28. Disclosure and Waiver of Procedural Rights .............................. 16 29. Tax Advice ................................................................................... 18 30. Representation of Parties ............................................................. 18 Signature Page............................ .................... ......... ...... ............... 19 Acknowledgement Page..................... ................. ......................... 19 2 MARRIAGE SETTLEMENT AGREEMENT \ \ ~. 1\.; \ \ ,2005, by l and between Doris A. Keefer -AND- William R. Keefer, at Harrisburg, Pennsylvania. AGREEMENT MADE this . .1 ) ! ~. . \! day of WHEREAS, the parties hereto are husband and wife, having been married on August 4, 1990, at Lucas County, Ohio. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart tor the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. The parties separated on September 2, 2004. NOW, THEREFORE, in consideration of the aforegoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the 3 parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the cause leading to their living apart. A reconciliation will not void the provisions of this Agreement. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property: A. The following shall become the sole and exclusive property of Husband: 1. Husband shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 401 K plans and/or any and all other employment benefits, which he has accumulated during the course of his past or present employment. 4 2. Husband shall be entitled to possession and ownership of the 1999 Harley Davidson motorcycle and shall be fully responsible for any and all1iens and encumbrances thereon. 3. Husband shall be entitled to possession and ownership of the 2004 Specialty Harley Davidson motorcycle and shall be fully responsible for any and all liens and encumbrances thereon. B. The following shall become the sole and exclusive property of Wife: 1. Wife shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 40 I K plans and/or any and all other employment benefits, which she has accumulated during the course of her past or present employment. 2. Wife shall be entitled to possession and ownership of the 2004 Suzuki XL-7 LX sport utility vehicle and shall be fully responsible for any and all liens and encumbrances thereon. 3. The parties acknowledge that they are owners by the entireties of a house and real estate located at 30 Black Walnut Drive, Etters, Yark County, Pennsylvania 17319. The parties agree that Wife shall retain possession and ownership of said real estate and Husband shall execute a warranty deed conveying to Wife all of his right, title, and interest to said property contemporaneously with the execution of this Agreement. Commencing on the execution date of this Agreement, Wife shall be solely responsible for the timely payment of all 5 principal, interest and other fees due under the mortgages, any and all costs or liabilities attributable to maintaining the real estate, including but not limited to all real estate taxes, water and sewer rents, gas, electric, homeowners insurance, and maintenance expenses and repairs relative to said property, and Wife shall keep Husband and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost, or expenses, including attorneys fees which are incurred in connection with such maintenance, costs, expenses, or resulting from Wife's ownership interests in said real estate. Wife further agrees to refinance the mortgage relative to the marital home or obtain Husband's release from the mortgage obligation within five years of the date of the execution of this Agreement. The parties further agree that in the event Wife sells the marital home within six years of the date of the execution of the Agreement, the parties shall equally divide the net proceeds resulting from said sale. 4. Wife shall be entitled to ownership of her savings account at Rite Aid Credit Union with an approximate balance of $200. C. All personal property in the possession of each party as of the date of execution of this Agreement shall remain the sole and separate property of each party respectively. D. The parties acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and other sources of 6 income and based thereon they mutually agree that the property listed above constitutes the entire marital property. 3. Child Custody. The parties hereby acknowledge that they are the natural parents of Bryan Cody Keefer, born March 10, 1993. The parties hereby agree to share physical and legal custody of the subject minor child, wherein Husband shall be entitled to visitation with the minor child as the parties mutually agree. Wife agrees to maintain her residence in the Commonwealth of Pennsylvania until the minor child's 18th birthday. 4. CoIlel!e Education. Husband and Wife acknowledge their mutual desire and intent that their minor child attend college on a full-time basis following graduation from high school. The parties hereto further covenant and agree that each shall equally contribute to the college tuition and expenses of the child in the event he becomes a full-time student following graduation from high school. Specifically, each party shall pay one-half of college tuition and expenses after grants, scholarships, loans and monies earned by the child for his college education are deducted. 5. Lump Sum Payment. In consideration of the terms and conditions set forth in this Agreement, and as further equitable distribution of the marital property, Wife shall pay to Husband the sum of Ten Thousand six hundred Dollars ($10,600.00), receipt of which is hereby acknowledged. Husband received payment of the $10,600 on the following dates: $5,000 on September 14,2004, $5,000 on October 26, 2004, and $600 on November 26, 2004. 7 This payment by Wife to Husband is in consideration ofthe terms and conditions set forth in this Agreement. Husband and Wife specifically provide that these payments are non-taxable payments to Husband, and shall not be included in the income of Husband. 6. 2003 Isuzu Axiom Snort Utility Vehicle. The parties hereby acknowledge that they acquired a 2003 Isuzu Axiom sport utility vehicle which is titled in Wife's name and which has a fair market value of approximately $15,000. The parties further acknowledge that the automobile loan incurred relative to the purchase of the Isuzu with Onyx Acceptance Corporation is in the approximate amount of $27,500. The parties hereby agree that Husband shall be entitled to possession of the Isuzu until the time of his incarceration, at which time possession of said vehicle shall revert to Wife. The parties agree that Husband shall be fully liable for payment of the automobile loan until it is satisfied or the Isuzu is sold as more fully set forth in this paragraph. Commencing immediately upon the execution ofthis Agreement, Husband shall begin direct depositing his Veteran's Disability Benefit check into the parties' joint checking account at Fulton Bank, account number 361967202 or in the alternative, Husband will provide to Wife his Member's First MAC card and Wife shall use said monies to make the monthly automobile loan payment. These monies shall continue to be direct deposited into the parties' joint checking account or Husband will continue to have monies available which Wife may access with his Member's First MAC card until the automobile loan has been paid off or the deficiency resulting from the sale of the vehicle is paid off. Upon both satisfaction of the automobile loan and Husband's release from prison. Wife shall transfer title of said vehicle unto Husband. During Husband's 8 incarceration. Wife shall keep the vehicle inspected, registered, and insured. Wife shall be entitled to unlimited use of the Isuzu during Husband's incarceration. In the event Husband does not have to serve a term of incarceration, the parties agree that Husband shall be entitled to possession of the 2003 Isuzu and shall be fully responsible for the timely payment of the automobile loan with Onyx Acceptance Corporation. Until said loan has been fully satisfied, the title to the vehicle shall remain in the name of Wife. In the event Husband does not make timely payments on the automobile loan, Wife reserves the right to assume possession and ownership of said vehicle. In the event Wife sells the Isuzu and a deficiency is realized, Husband shall be fully liable for said deficiency. Further, the parties agree that while the Isuzu is in the possession of Husband and titled in the name of Wife, Husband shall be fully responsible for any and all expenses related to the vehicle including but not limited to inspection, registration, automobile insurance, maintenance, and repairs. 7. Income Tax Prior Returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 9 8. Execution of Additional Documents. The parties agree to each sign Affidavits of Consent upon the expiration of ninety (90) days following the filing and service of the Divorce Complaint. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 9. Transfers Subiect to Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 10. Complete Listinl! ofPropertv. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 11. Equitable Distribution of Property. By this Agreement, the parties have intended to effect an equitable distribution of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds 10 or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers of property herein as non-taxable. 12. Relinquishment of Ownership. Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 13. After-Acquired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 14. ~. A. Husband and Wife agree to be responsible for the joint debts of the parties as follows: The parties acknowledge that Wife took a $39,000 loan against her 401(k) plan in order to pay Husband the lump sum award set forth in Paragraph Five, and to payoff numerous marital credit card debts. The parties agree that Wife shall be solely responsible for the $39,000 loan against her 401(k) plan. Wife shall be responsible for the Sears credit card in the approximate amount of $2,200. Wife shall be solely responsible for the automobile loan relative to her 2004 Suzuki XL-7 LX sport utility vehicle and the mortgage relative to the marital home. Husband shall be solely responsible for the loan relative to the 2003 Isuzu Axiom as more fully set forth in Paragraph Six. 11 B. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnifY and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 15. Bankruptcv or Reorl?:anization Proceedinl?:s. 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 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 ofthis 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 12 party waives any and all right to assert that any 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. Alimonv. The parties mutually agree to forego or waive any right to alimony, alimony pendente lite, and spousal support. 17. Full Disclosure. The respective parties do hereby warrant, represent and declare that he and she have made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest and any further enumeration or statement thereof in this Agreement is specifically waived. Each party agrees that he or she shall not at any future time raise such a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. 18. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts. engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against 13 each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement or as otherwise stated in this Agreement. 19. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnifY and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of the warranties made by Husband or Wife to the other in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 14 20. General Provisions. 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. 21. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advise from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 22. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 15 23. Independent Separate Covenants. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 24. 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. 25. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 26. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 27. Non-Merl!:er. This Agreement shall not merge with any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. This Agreement shall be incorporated for the purposes of enforcement only into any Decree in Divorce which may be entered with respect to the parties, but shall not be deemed to have been merged with such Decree. 28. Disclosure and Waiver of Procedural Ril!:hts. Each party understands that he or she has the right to obtain from the other party a complete Inventory or list of all property that either or both parties own at this time or owned as of 16 the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital, and to set aside to a party that property which the Court determines to be that party's non- marital property. 17 " f. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite, equitable distribution, custody, visitation, and counsel fees, costs and expenses. 29. Tax Advice. Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice by their respective attorneys. Further, both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor, with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 30. Reoresentation of Parties. The parties have mutually worked out the terms ofthis Marriage Settlement Agreement. Wife has been represented by Kristin R. Reinhold, Esquire. Husband has been advised of his right to retain an independent counsel to represent him in this matter, however, being so advised that he is entitled to independent legal counsel, he hereby waives his right to the same. 18 .' .4,. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. /...... /~// /' /,,, ntj?' f.j1J r I J1 M/vf a ffldg A , Doris A. Keefer ~ LA lj~~. (1<<- ~ William R. Keefer J COMMONWEALTH OF PENNSYLVANIA J;:. Ofl'Y'fi COUNTY OF OF!! 4 SS: )5 On this ~'day of A (1'<"'/ ( ,2005, before me Subscriber, a Notary Public, for the Commonwealth of Pennsylvania, came Doris A. Keefer, known to me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement Agreement. UHiL< fl ~, Doris A. Keefer ' i Witness my hand and Notarial seal, the day and year aforesaid. NOlarial Seal patricia A. Gordon, Notary Public Fairview Twp.. York County My COlumi,ssion Expires July 31. 2005 Member, PennsylvaniaAseociatlon otNotana8 ,-~ ,/l,. . 'J /t '" \ fi.A'._-_....._~~ 3-........-:.....-__ / Notary Public My Commission Expires: ? J l "0 19 , " COMMONWEALTH OF PENNSYLVANIA YoM COUNTY OF flAUPlIlH SS: "\ On this L! ) day of r\ "JJ(,'/ , 2005, before me Subscriber, a Notary Public, for the Commonwealth of Pennsylvania, came William R. Keefer, known to me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement Agreement. uJ~nK.ciu ~. William R. Keefer Witness my hand and Notarial seal, the day and year aforesaid. .~. .,/1...", ~;,"~,,-,'_,.~<:::::f'-~'-~"'-~-- Notary Public My Commission Expires: "1..s' -'0) r- I NOlmiaJ Seal I Patrie,ia.A Gordon. Notary Publ)c Fmrvl.C\o\: Twp., Yor1c County . My ComnnsslOll Expires July 31, 2005 Member, PennsyrvaniaAssooiationotNotaries 20 f") -., c...... ,:.J\ ~ I N r:') " Li'\ ~) ~'f1 ..... -.:r: --n r'l , '_1,1 DORIS A. KEEFER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6231 CIVIL TERM WILLIAM R. KEEFER, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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 Section (X) 3301 (c) () 3301 (d) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: Defendant accepted service of the Divorce Complaint on January 4,2005, by a third party, Randi Conley, personally handing said Complaint to the Defendant. 3. Complete either (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: April 21, 2005 by Plaintiff, April 21, 2005 by Defendant. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: The Marriage Settlement Agreement between the parties shall be incorporated but shall not merge with the final Decree in Divorce. 5. Complete either (a) or (b). (a) Date and manner of service of Notice ofIntention to File Praecipe to Transmit Re,cord. a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: April 27, 2005. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: April 27, 2005. 6. Social Security Numbers: (a) Plaintiff: 293-54-6082 (b) Defendant: 179-50-5758 ....-----.,. ...-' (::".:::1 c..~ "-,, :::~ :;'? -" o -1'1 ..... -r:-rt f\l f'-"~ -!'1~ -n'i;.,j ;--::J(l) )~~.~~ /:)t>'l :':'..l, ':~1 -~< \ N 0''' ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~+~~+~+~~+~~+~~++~~+~~+~~+~++++++~+++++~++~ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + final Decree in Divorce + + + + + + + + + + + + + + + + + + ~ ~ PROTHONOTARY : ~.~ + "';'~,. H__ ~ - + ....... .. +++~++~+++~++++++~+++~~~+++++~++++++~~~+~~~~~++++~~~+++~+++++~++++++~~+~? +~ ~ ~ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +~ + ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNA. STATE OF DORIS A. KEEFER, No. 04-6231 'civil Term Plaintiff VERSUS WILLIAM R. KEEFER, Defendant DECREE IN DIVORCE ,/15 ~, " , ~()O~_, IT IS ORDERED AND AND NOW, Doris A. Keefer , PLAINTIFF, DECREED THAT William R. JKeefer , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marriage Settlement Agreement between the parties shall be incorporated but shall not merge with the J, );h?b /r'"'" r?J,J.-4/t, .Ii/ j ~~;I ft! <'/'Y-' U,,;i r?fl _%;;. r . ,. ..,..~- ....