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HomeMy WebLinkAbout05-5569 DENNIS R MAIN Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 0 ::,'. 5 ')'(,/1 C".;} --r:....... AL YSON E. KEEFER Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT If you wish to defend against the claims set forth in the fOllowing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgement 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 the marriage, you may request marriage counseling, A list of marriage counselors is available at: The Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 32 SOUTH BEDFORD STREET CARLISLE, PA 17013-3308 (717) 249-3166 Plaintiff IN THE COURT OF COMMON PLEAS CUMERLAND COUNTY, PENNSYLVANIA NO, (j5' 55'G,1 C-.~-r;-.. DENNIS R. MAIN vs. ALL YSON E. KEEFER Defendant CIVIL ACTION - LAW IN DIVORCE COUNT I COMPLAINT IN DIVORCE UNDER SECTION 3301/Cl OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Dennis R Main, by and through his attorney, Mark K. Emery, Esquire, and files the following Complaint in Divorce and in support thereof avers as follows: 1. Plaintiff is Dennis R Main, an adult individual who currently resides at 1951 State Street, Apt. 5, Harrisburg, PA 17013. 2. Defendant is Allyson E. Keefer, an adult individual who currently resides at 2136 Market Street, Apt. A, Camp Hill, Pennsylvania 17011. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 20, 2002 at Dillsburg, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the United States Army or its allies. 8, Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the court require the parties to participate in counseling, being so advised Plaintiff waives that right. 9. Plaintiff requests the Court to enter a Decree of Divorce pursuant to Section 3301 (C) or 3301 (D) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a Decree in Divorce pursuant to Section 3301 (C) or 3301 (D) of the Divorce Code. Respectfully submitted, LAW OFFICES OF MARK KEMERY DATE: IJ -h- O{ By: .-:/~7Y?:-____ Mark K. Emery, Esquire Supreme Court 1.0. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiff VERIFICATION I, Dennis R Main, hereby verify that I have read the foregoing Complaint and that the information contained therein is true and correct tot he best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. DATE: /tJ/2! 105 t1~€~ Dennis R Main ~. ~,>.- <:....-;:., \' p r-. r,"" ("- \.~\L (' '0 '--- j -- --' - -> V' 1. CO ..J '" !;). --- {" .., , c v d' vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5569 DENNIS R. MAIN Plaintiff AL YSON E. KEEFER Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce DATE: lijZ;J DS By: ~~C~~'-ClA-j Allyso . Keefer 2136 Market Street Apt. A Camp Hill, PA 17011 0- S' -0\'\: r;-, ( , ~}: f i-:....~ ,...., C~ '3\ -',~ ~ \ a:> ,t';;" ,..:~. --,-: J;;' C) -" .-1 '-:J:-n r:'~~), -. ~-;-, ..."..... :':'" ...;.... -". ,:.:~i-';', '!? :~ ~ .- o MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this I ~ day of October, 2005, by and between Dennis R Main of 1951 State Street, Harrisburg, Dauphin County, Pennsylvania ("Husband"), and Allyson E. Keefer of 2136 Market Street, Apt. A, Camp Hill, Cumberland County, Pennsylvania (''Wife'') Recitals: A. The parties hereto, being Husband and Wife, were lawfully married on July 20, 2002. B. Differences have arisen between Husband and Wife in consequence of which they have begun to live separate and apart from each other. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertaking herein contained, the parties, each INTENDING TO BE LEGALLY BOUND, agree as follows: 1. Recitals. The Recitals set forth above are incorporated herein by reference. 2. Divorce, It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in the Divorce Code, their marriage is irretrievably broken. The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions) necessary to assure that a divorce pursuant to 23 Pa, C.S.A, S 3301 of the Divorce Code is entered as soon as possible. In particular, the parties, within 10 days of the date of a request, will execute and deliver to Husband's counsel all documents necessary to obtain a final divorce decree, including, but not limited to, all required Affidavits and Waivers. This Agreement and any ancillary or supplemental agreements shall be incorporated by reference but not merged into the proposed Divorce Decree presented to the Court. 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 each other. Neither party shall molest the other in any way whatsoever nor 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 causes leading to their living apart. 3. Marital Propertv, (a) Personal Property. Husband and Wife acknowledge that they currently have in their possession all of their separate and distinct personal property. (b) Retirement. Pension, 401-K Plan. Husband and Wife hereby relinquish all right, title and interest in the other's retirement funds, pension benefits, deferred compensation, or any other employee benefit. 4. Debts and ObliQations. (a) Individual debts/obliqations. Each party hereby agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her on or after the date 2 of this Agreement. If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of any such debts and obligations, such party will at his or her sole expense defend the other party against any such claim, action or proceeding, whether or not well- founded, and indemnify the other party against any loss resulting therefrom. (b) Credit Card Debt. Husband and Wife represent that there exists certain credit card debt, in their separate names, to which each is responsible, That debt, the approximate amount, and the individual responsible for such debt, is: Credit Card Balance Responsible Partv 1 Discover Card 3,000.00 Wife 2. Citibank Visa 4,000,00 Wife 3. Citibank Visa 2,000.00 Husband Husband agrees that he shall be responsible for the Citibank Visa in his name, and shall further assume the amount of Three Thousand ($3000.00) Dollars of credit card debt listed in Wife's name above, Husband shall assume such debt by making payment to the credit card issuer, either through direct payment or transfer of balance, within 30 days of the date of the execution of this Agreement. Wife shall provide all information, including the last monthly statement for the accounts listed above and all other information necessary to enable husband to fulfill this requirement. 3 Each party otherwise hereby expressly agrees to indemnify, defend and hold harmless the other from any and all liability, direct or indirect, including attorneys' fees and costs, which may arise in connection with an obligation, joint or otherwise, for which the party has agreed hereunder to bear sole or partial responsibility, or which the party has failed to disclose and provide for herein. 5. Leqal Fees. Each party agrees that they shall be responsible for their own legal and other fees incurred by them in connection with this domestic relations matter unless otherwise specified herein or otherwise agreed to by them. 6. Automobiles, Upon execution hereof, the parties agree that the 2000 Oaewoo Lanos shall become the sole free and clear property of Wife, and that Wife shall insure and assume all liability therefor. Husband waives any right, title or interest he may have in and to said automobile and shall promptly execute any title or transfer documents necessary to fulfill this provision, either herewith or when presented to him. The parties further agree that the 1998 Ford Escort shall become the sole free and clear property of Husband, and that Husband shall insure and assume all liability therefore. Wife waives any right, title or interest she may have in and to said automobile and shall properly execute any title or transfer documents necessary to fulfill this provision, either herewith or when presented to her. 7. Other WritinQs. Each of the parties hereto agrees to promptly execute any and all documents, deeds, waivers, bills of sale, tax returns or other writings reasonably necessary to carry out the intent of this Agreement. 4 8, Further Debt. (a) Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands, including attorneys' fees and costs, made against him by reason of debts or obligations incurred by her. (b) Husband shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands, including attorneys' fees and costs, made against her by reason of debts or obligations incurred by him. 9. Mutuai Release. Except as otherwise provided herein and so long as this Agreement is not canceled by subsequent agreement, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present and future, specifically from the following: alimony pendente lite; alimony; spousal support; division of property; claims or rights of dower and right to live in the House; right to act as executor or administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in any life insurance policy of the other unless specifically named otherwise or as required herein; and any claim or right in the distributive share or intestate share of the other party's estate, all unless specified to the contrary herein or in a subsequent writing signed by the parties hereto. 5 10. Tax Return. Each party shall be solely liable for any tax liability from 2005 forward and each shall indemnify, defend and hold the other harmless from and against any such liability for tax years commencing in 2005 and thereafter. 11. Medical/Health Insurance. Upon execution hereof, each party shall be responsible for their own medical/health insurance and the maintenance thereof, if any. 12. Entire Aqreement. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 13. Leaallv Sindina. It is the intent of the parties hereto to be legally bound hereby, and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 14. Full Disclosure. Each party asserts that she or he has fully and completely disclosed all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them; of all debts and encumbrances incurred in any manner whatsoever by each of them; of all sources and amounts of income received or receivable by each party; and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. Each party further represents and warrants that there are no undisclosed debts or obligations for 6 which the other party may be liable, and each party shall indemnify and hold harmless the other party from any such liabilities, including attorneys' fees and costs. 15. Costs to Enforce. In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement, and legal proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys' fees, incurred as a result of such proceedings. 16. Aqreement Voluntary and Clearlv Understood. Each party to this Agreement acknowledges and declares that he or she respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties; (b) Enters into this Agreement voluntarily after receiving the advice of independent counselor, having been advised to consult independent counsel, has knowingly and voluntarily chosen to forego such consultation; (c) Has given careful and mature thought to the making of this Agreement; (d) Has carefully read each provision of this Agreement; and (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 7 17, Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 18. Applicable Law. This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 19. Counterparts. This Agreement may be executed in separate counterparts, each counterpart deemed an original and when combined represents the legal binding intent of the parties hereto, 20. Severabilitv. If any part of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall not invalidate the entire document but shall apply only to that phrase, sentence, paragraph or section. The remainder of the sentence, paragraph, section and Agreement shall continue in full force and effect IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: WITNESS: WIFE: ~~^ '-,u, , Allyson E, efer l V~.J!.~ V WITNESS: /f~'R;pJ HUSBAND: %~R/~ )) f/!/;t/t.5 K MIJ [1/ Dennis R Main 8 ---) " -"'11 r-:-; c::-~ --< i,i::: C;\ r I (. '} . '~J l.--j .., vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5569 DENNIS R MAIN Plaintiff ALL YSON E. KEEFER Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October 27, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of a notice of intention to request entry of the Decree, 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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,SA Section 4904, relating to unsworn falsification to authorities. DATE: 2-1-{) 6 f)t?~;€;/l/l~ Dennis R Main \"-:~:?7 (~ ':'~~ '-:~ <: >-~ (:\ I~" , V:J' C" \~?' C;) v-.; b. '.4 vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5569 DENNIS R. MAIN Plaintiff ALL YSON E, KEEFER Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING i. A Compiaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October 27,2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the filing and service of the Complaint 3. I consent to the entry of a final decree of divorce after service of a notice of intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling, I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available upon request Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.SA Section 4904, relating to unsworn falsification to authorities. DATE: y s/OLP <3l \)Q "-"-\1'- C ~ ~ I~ n ^ Allyson~, Keefer ~ '--- n "" ,''':'', c~:~ :"'J , I\l C'-, ;( ''''- ." c.J vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5569 DENNIS R. MAIN Plaintiff ALL YSON E. KEEFER Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301/CI 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 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 PaC.S. S 4904 relating to unsworn falsification to authorities. Date 2. -'1-0& ~/inN h/J1/l} Dennis R. Main C) '"T. -n :~,~ ...., :i- rll '- r'\..) (....) DENNIS R MAIN Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-5569 ALL YSON E. KEEFER Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(CI 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 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 J"--. / '5 / (; ltJ I I k ?1 r~. ,.- - _ \:. _ ' ,-~.:~c,Y'\. L 0, _ 0---.. Allyson . Keefer ...,., --j -j- h'j " ~J ,"" ",;\ (,.) .r~-- DENNIS R MAIN Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 05-5569 AL YSON E, 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 3301(c) 2, Date and manner of service of Complaint: Served on November 2, 2005 via personal service, Acceptance of Service previously docketed on November 8, 2005, 3, Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code (attached hereto): By Plaintiff : By Defendant: February 9, 2006 February 8, 2006 4, Related claims pending: None_ See Matrimonial Settlement Agreement, attached hereto, incorporated but not merged into the Divorce Decree, 5, Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (a) Date plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: filed herewith, (b) Date defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: filed herewith, Respectfully submitted, LAW OFFICES OF MARK KEMERY By: -;:~-------?'" -- // Mark IC ery, tsquire Supreme Court LD, No, 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiff DATE: February 14, 2006 r'-_' -, () tj'" -n -r, ~J r! '- c":) ion co -- , f'J - I (..,) G) .::.;~- .::+;;- .::.:..::+;; "::.;"~.::o .::+;. .::+::. '.::+::.-- .::.::.:.::.::.".::.::; ',::+::.' .::+};::+::.' .::+} .::+::. - .::.::.' .::+::. .::+::;' :'::_>::.~.'''.::~;'::.:;::.::'_::::-::+:':___'::.::' -::+::",::+;. .-::+::{ ~.::.::;:: );;~ ~', -----.- ----- ~ ~-~.-------------~~~----------~~----....-..-~~ '." ~I' I~ ~ IA ~:'l i: :1 IN THE COURT OF COMMON PLEAS ; ~1 a ~.' ;;; i :;( ill Ii ~ ~~~--~'--.. --~~-~~~--~---~----- ~~.~~~~~._---~------ ~ '.' ~ '.' ~ '.' ~ ~.' ,', ~ v w ~.' ~ v W '.' w ~.' w '.' $ ~ ... ~ '.' ~ '.' ~ ~.' ~ " ~ ~ ~.' ~ y ~ OF COUNTY CUMBERLAND ~ ~ PENNA. ~I '.' STATE OF ~ ~ '.' $ DENNIS R. MAIN , i! 5569 No. 05 ~ '.' ~, VerSllS ~ '.' ALLYS ON E. KEEFER ~ '.' ~ '.' .' ~ '.' DECREE IN DIVORCE AND NOW, . . . . . . Fe.\.... . .Z-.'i. . . . . . . . .. " P9C. .2006. il~ is ordered and decreed that. D.ennis. .R: . M.ain. . . . . . , . . . . . . . . . . . , . . . . . . . . . . '. plaintiff, and. . . . . . . . . . , .l>:p.y'~ql).. :E,.. .I.<~~.~E?:r. . . . . . . . . . . . . . . . . . . . . . . , " defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following c1Clims which have been raised of record in this action for which a final order has not yet been entered; None. The Marital Settlement Agreement, dated October . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 13, 200.5,'.. is. .inco.rI'ora.ted. b.ut. no.t .me,rged. .in~o. .this. pecre.E';~..... By~re flurl: AU.;t/!t~ . Prothonotary -~.- ~-~--~-----~--~-~.-~ -~----~_.__.- ~--~- f'~ ~ ~ ~.~ ~ ~.~ ~ ~.~ ,'~ ~ ~ '.' ~ '.' ~ '.' ~ '.' ~ '.~ ~ '.~ ~ '.' , ~.' ~ '.' ~ '.~ ~ '.~ ~ '.~ ~ '.' ;.0 ~ ~.~ ~ '.' ~ '.' ~ ... ~ '.' ~ '.' ~ '.' ~ * ~ ~ ~ ~ J. ~ ~ @ ~ ~ -:.;..:.;. .::+;. -::.;. {~;..::.;. .::+;. .::.::- .::.;. .::+;. .::+;. ,,;1 ~ ?;??h?// ~ I...c - L,c .~:? ,?" 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