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HomeMy WebLinkAbout01-5300AUDREY KELLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CHRISTOPHER KELLEY No. 61 - S.?OQ C-0 c. Defendant CIVIL ACTION -- DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. SUCH A REQUEST MUST BE IN WRITING AND SENT TO THE CUMBERLAND COUNTY PROTHONOTARY'S OFFICE IN THE COURTHOUSE WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA (717) 249-3166 AUDREY KELLEY VS. CHRISTOPHER KELLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff /? No. Ul - .?? Gd 1. l' X 0 Defendant CIVIL ACTION -- DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DENIANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas signientes. Debe tomar accion con prontitud. Se le avisa que Si nose defiende, el caso puede proceder sin usted y decreto de divorcio o anniamiento puede ser emitido en so contra por la Corte. Una decision puede tambien ser emitida en so contra por cuaiquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base Para el divorcio es indignidades 0 rompimiento irrparable del matrimonio, usted puede solicitar consejo matrimonial. Se necesita poner una solicitacion Para consejo por escrito y mandarla a la oficina de la Prothonotary en el Cumberland County Courthouse dentro de veinte (20) dias de recibir esta demanda del divorcio. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QLE EL DECRETO FINAL DE DIVORCJO O ANULAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERCHO A RECLAMAR CUALQUERA DL ELLOS. USTED DEBE LUEVAR ESTE PAPEL A LN ABOGADO DL INMEDIATO. SI NO TIENE O NO PLEDE PAGAR UN ABOGADO. VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA (717) 249-3166 AUDREY KELLEY VS. CHRISTOPHER KELLEY Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. Ol - S300 CIVIL ACTION -- DIVORCE COMPLAINT IN DIVORCE COUNTI 1. The plaintiff is Audrey Kelley, who currently resides at 355 Saint John's Drive, Camp Hill, Cumberland County, Pennsylvania since 1993. 2. The defendant is Christopher Kelley who currently resides at 235 Cumberland Road, Camp Hill, Cumberland County, Pennsylvania since September 3, 2001. 3. Plaintiff and Defendant, have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married August 5, 1989 in Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Neither party is presently a member of the Armed Forces on active duty. 7. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff avers that there are two minor children of the parties under the age of eighteen (18): (a) Stephen Timothy Kelley, born January 2, 1990; and (b) Daniel Christopher Kelley, born September 2, 1993. 9. The cause of action and Section of divorce code under which Plaintiff is proceeding is §3301(c). The marriage of the parties is irretrievably broken. 10. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the Court to enter an Order dissolving the marriage between the Plaintiff and Defendant. COUNT II REQUEST FOR CUSTODY UNDER §1915.15 AND §1920.32 OF THE DIVORCE ODE 11. The allegations of Paragraphs one (1) through ten (10) are incorporated herein by reference as though set forth in full. 12. Plaintiff is Audrey Kelley, residing at 355 Saint John's Drive, Camp Hill, Cumberland County, Pennsylvania. 13. Defendant is Christopher Kelley, residing at 235 Cumberland Road, Camp Hill, Cumberland County, Pennsylvania. 14. Plaintiff seeks custody of the following children: (1) Stephen Timothy Kelley, 355 Saint John's Drive, Camp Hill, Pennsylvania. Date of birth, January 2, 1990 (2) Daniel Christopher Kelley, 355 Saint John's Drive, Camp Hill, Pennsylvania. Date of birth, September 2, 1993. 15. The children were not born out of wedlock. 16. The children are presently in the custody of Audrey Kelley who resides at 355 Saint John's Drive, Camp Hill, Cumberland County, Pennsylvania. 17. During the past five years, the children have resided with the following persons and at the following addresses: (a) Audrey Kelley at 355 Saint John's Drive, Camp Hill, Pennsylvania, since September 3, 2001 until the present; (b) Audrey Kelley and Christopher Kelley at 355 Saint John's Drive, Camp Hill, Pennsylvania, since 1993. 18. The mother of the children is Audrey Kelley, currently residing at 355 Saint John's Drive, Camp Hill, Pennsylvania. She is married. 19. The father of the children is Christopher Kelley, currently residing at 235 Cumberland Road, Camp Hill, Pennsylvania. He is married. 20. The relationship of Plaintiff to the children is that of mother. The plaintiff currently resides with the following persons: (a) Stephen Timothy Kelley-son (b) Daniel Christopher Kelley-son 21. The relationship of the Defendant is that of father. The Defendant currently resides alone. 22. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 23. Plaintiff has no other information of a custody proceeding concerning the children pending in a court of this Commonwealth. 24. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 25. The best interest and permanent welfare of the children will be served by granting the relief requested. 26. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the children. COUNT III -- ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 27. Paragraphs one (1) through twenty-six (26) are incorporated herein by reference as though set forth in full. 28. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests the Court to enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. COUNT IV REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER §3502(a) OF THE DIVORCE ODE 29. The allegations of Paragraphs one (1) through twenty-eight (28) are incorporated herein by reference as though set forth in fall. 30. Plaintiff and Defendant have individually or jointly acquired real property and personal property during the marriage, in which they individually or jointly have legal or equitable interest, which marital property is subject to equitable distribution. WHEREFORE, Plaintiff requests the Court to determine and equitably distribute, divide or assign said marital property, pursuant to §3502(a) of the Divorce Code. Dated: p / Respectfully submitted, hristine Taylor, Esq 'r WILEY, LENOX & COLGAN 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D. #82204 VERIFICATION I, AUDREY L. KELLEY, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: ? / AUDREY L. KFPLLEY C?j? Old f- ki p nyrv' O ifn DL' w vrn AUDREY KELLEY IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF 01-5300 CIVIL ACTION LAW V. CHRISTOPHER KELLEY DEFENDANT IN CUSTODY AND NOW, Tuesday, September 18, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, October 18, 2001 at 8:30 A.M for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By. /s/ Dawn S Sunday. Fsq y Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 'A 4o- Or 0 w ?p ;?eT dlf?nNMId Kwnoo rR'!vN? qmno Z,l :01 V1V 0Z 83S 10 ?o THE WILEY GROUP ATTORNEYS AT LAW One South Baltimore Street Dillsburg p, 17 19 BY WE DO HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL FILED OF RECORD THE WILEY GROUP AUDREY KELLEY, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND, PENNSYLVANIA * * VS. NO. 01-5300 * * CHRISTOPHER KELLEY, * CIVIL ACTION - LAW Defendant * IN CUSTODY CERTIFICATE OF SERVICE 1, Christine J. Taylor, Esquire hereby certify that on September 18, 2001, served Defendant with a true and correct copy of Plaintiffs Divorce Complaint including a count for Custody in the above-referenced matter by sending same to Defendant by certified mail, restricted delivery to addressee only, return receipt requested and by regular first class mail, postage prepaid, addressed as follows, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. A copy of the return receipt signed by Defendant on September 18, 2001 is attached. Christopher Kelley 235 Cumberland Road Camp Hill, PA 17011 WILEY, LENOX, COLGAN & MARZZACCO P.C. Date: By: dl./ Cbiistine J. Tayl , squ Supreme Court I.D. #82204 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 (Attorney for Plaintiff) ¦ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to. CkT.1 her belle y j4II A ? -70// 2. PS Form Cc T Ln 0 Service Received by (Please Print Clearly) 18. Date of Delivery C. Shd x ? Agent ? Addne D. s s Ifr delive AjOA : 13 No 3. Se ice 1 erti , Mall ? Express Mall Registered ? Retum Receipt for Memhandise ? Insured Mail ? C.O.D. 4. Restricted Delivery! (Extra Fes) y? July 1999 Domestic Return Receipt r9 ? Postage $ C3 Certified Fee M1 Return Receipt Fee r-4 (Endorsement Required) 3 Restricted Delivery Fee (Endorsement Required) C3 C3 Tote? Postage a Fee, $ 7 m R"tr tr ;elf tr 0 M1 ?W +7 CJ 102595-000.M-0952 1 0 C\j i u l 1 l7 1 AUDREY KELLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA 53co VS. NO. 01-.tM CIVIL ACTION LAW CHRISTOPHER KELLEY, Defendants IN CUSTODY ORDER OF COURT AND NOW, this 17th day of October, 2001, the Conciliator, being advised by Plaintiffs counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for October 18, 2001 is canceled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ,? ua -s.. ?s C N ? U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AUDREY KELLEY, Plaintiff/Petitioner NO. 01-5300 Civil Term V. CIVIL ACTION - LAW CHRISTOPHER KELLEY, Defendant/Respondent CUSTODY ORDER AND NOW, TO WIT, this /5.. day of iV#&V. 4v , 2001, upon consideration of the attached Petition for Entry of Agreement, it is hereby ORDERED and DECREED that the custody agreement dated the ?d? of October, 2001, is adopted as an Order of Court and the parties are bound thereby. BY THE COURT: Judge Ow ll-d o i 7R? h CJ 4 C) ? a a WG- Lo ?Z ? - Z i.i_I m Lu LL ?? a C) AUDREY KELLEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 01-5300 Civil Term CHRISTOPHER KELLEY, Defendant CIVIL ACTION - DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME Notice is hereby given that the Plaintiff in the above matter intends to resume and hereafter use the previous name of Audrey L. Englehart and gives this written notice avowing her intention in accordance with the provisions of 54 Pa.C.S. Section 704(a) as amended which permits a party in a divorce action at any time prior to or subsequent to the entry of the divorce decree to resume any prior surname used by that person. Date: % / J Lo I Audrey L. Kellef 04 TO BE KNOWN AS: Audrey L. lj?tlehart COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF On this, a ?ay of /k1d ?C/YI h21' 2001, before me, the undersigned officer, personally appeared Audrey L. Englehart, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. AL) NOTARY PUBLIC MY COMMISSION EXPIRES: 8. Dawn Cil, t?yy PutYlc .per? „m... u.?Ca Cam. `i CD lL - C 2 v AUDREY KELLEY, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLANDCOUNTY,PENNSYLVANIA VS. CHRISTOPHER KELLEY, Defendant * NO. 01-5300 * CIVIL ACTION -DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on September 10, 2001. 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 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 made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date AUDREY KFKEY Plaintiff T C N Z - ? -t c° c AUDREY KELLEY, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLANDCOUNTY,PENNSYLVANIA VS. * NO. 01-5300 CHRISTOPHER KELLEY, * CIVIL ACTION - DIVORCE Defendant 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 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 made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date AUDREY LEY ???-- Plaintiff c ?° ??? o a ?7 ?y tT; l7 :.y l )2?! ' -$j ?_ ?t ? Cn 8 :. -? r S R C ?C' O I- S3oc) Ct 'L( lFny? SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into this?ay of 2002, by and between CHRISTOPHER T. KELLEY, of Cumberland County, Pennsylvania, parry of the first part, hereinafter referred to as "Husband," and AUDREY L. (KELLEY) ENGLEHART, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on August 5, 1989; and WHEREAS, certain differences have arisen between the parties as a consequence of which they intend to live separate and apart from each other during the rest of their natural lives; and WHEREAS, the parties desire to confirm their separation and desire to enter into an agreement for the final settlement of their property and affairs; and WHEREAS, the parties intend to dissolve their marital status by means of a divorce pursuant to Section 3301(c) of the Divorce Code of Pennsylvania. NOW, THEREFORE, in consideration of the foregoing and in further consideration of the covenants and promises hereinafter mutually to be kept and performed by each party hereto, as well as for other good and valuable considerations, it is agreed as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she ftom time to time may choose or deem fit. 2. NONINTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASES. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims, demands, damages, actions, causes of actions, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to and including the date hereof, except that his release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement, and shall in no way affect any cause of action in absolute divorce which either party may have against the other party. 4. MARITAL PROPERTY. The parties hereto acknowledge and agree that they acquired various assets and debts during their marriage, whether the same were held jointly or individually by the parties hereto, including but not necessarily limited to: (a) The marital residence located at 355 St. John's Drive, Camp Hill, Cumberland County, Pennsylvania, titled in the names of both parties. Said marital residence has a market value of approximately $150,000, and is encumbered by a mortgage of approximately $125,000; (b) Real property, consisting of land and a single family residence, located at 235 Cumberland Road, Camp Hill, Cumberland County, Pennsylvania, titled in the name of Husband and Wife. Said real property has a market value of approximately $80,000 and is encumbered by a mortgage of approximately $63,000 from GMAC; (c) Household goods, contents, furniture and furnishings located in the family residence, having a value of approximately $6,000; (d) Wife's 1999 Dodge Ram 2500, having a value of approximately $21,825 and encumbered by a loan of approximately $18,000; (e) Husband's 1995 Plymouth Voyager, having a value of approximately $3,000 and presently not encumbered by any loans; (f) Husband's Quick & Reilly brokerage account, having a value of approximately $2,400; (g) Wife's Individual Retirement Account (IRA), having a value of approximately $24,000; (h) Husband's Individual Retirement Account (IRA), having a value of approximately $17,000; (i) Wife's 30-month Certificate of Deposit (CD) through Members 1 st Federal Credit Union, having a value of approximately $1,100; 0) Separate savings/checking accounts in the names of Husband and Wife, each containing approximately $1,000 or less. Husband's account is with Pennsylvania State Employees Credit Union and Wife's account is with Members 1st Federal Credit Union; (k) Wife's common stock in McDonald's Corporation, having an approximate value of $4,000; (1) United States Savings Bonds in the name of Husband and in the name of Wife; (m) Husband's retirement fund with his former employer, the Commonwealth of Pennsylvania, which pays a pension amount of approximately $1,570 per year to Husband. (n) Husband's tools, having a value of approximately $1,000. (o) Various items of personal property of a personal nature. (p) A personal service loan from Members 1 st Federal Credit Union in the names of both Husband and Wife, for which approximately $10,000 is owed. (q) A promissory note for $50,000 payable to David and Carol Englehart, parents of Wife. 5. DISTRIBUTION OF MARITAL PROPERTY. The parties hereto covenant and agree that the assets described in Paragraph 4, above, have been or are hereby being divided and distributed between them as follows: (a) Husband covenants and agrees to grant and convey unto Wife all of his right, title and interest in and to the marital residence as described in Paragraph 4(a), above, and to execute a deed of special warranty conveying the same in accordance herewith, or to provide her with all proceeds if the said property should be sold prior to delivery of said deed. Wife covenants and agrees to assume all responsibility for payment and satisfaction of the current mortgage and shall indemnify Husband of all payments on said residence; (b) Wife covenants and agrees to grant and convey unto Husband all of her right, title and interest in and to the real property located at 235 Cumberland Road, Camp Hill, and to execute a deed of special warranty conveying the same in accordance herewith. Husband covenants and agrees to assume all responsibility for payment and satisfaction of the current mortgage and shall indemnify Wife of all payments on said real property; (c) Husband and Wife have divided the household goods, contents, furniture and furnishings from the family residence to the satisfaction of each party. Each relinquishs and disclaims any and all ownership, right, title and interest in and to the household goods, contents, furniture and furnishings presently in possession of the other party; (d) Husband relinquishes and disclaims any and all ownership, right, title and interest in Wife's 1999 Dodge Ram 2500, and Husband agrees that Wife shall be and remain the sole and separate owner of same. Wife agrees to take responsibility for making all loan payments and to pay all expenses in regard to said vehicle; (e) Wife relinquishes and disclaims any and all ownership, right, title and interest in Husband's 1995 Plymouth Voyager, and Wife agrees that Husband shall be and remain the sole and separate owner of same. Husband agrees to take responsibility for paying all expenses in regard to said vehicle; (f) Wife relinquishes and disclaims any and all ownership, right, title and interest in the entire Quick & Reilly account, and Wife agrees that Husband shall be and remain the sole and separate owner of same. (g) Husband relinquishes and disclaims any and all ownership, right, title and interest in Wife's IRA, and Husband agrees that Wife shall be and remain the sole and separate owner of same. (h) Wife relinquishes and disclaims any and all ownership, right, title and interest in Husband's IRA, and Wife agrees that Husband shall be and remain the sole and separate owner of same. (i) Husband relinquishes and disclaims any and all ownership, right, title and interest in Wife's 30-month CD at Members Ist Federal Credit Union, and Husband agrees that Wife shall be and remain the sole and separate owner of same. 0) Husband and Wife agree that each party shall retain his or her separate checking/savings accounts. Husband and Wife each relinquish and disclaim any and all ownership, right, title and interest in the said savings/checking accounts presently owned by the other party. (k) Husband relinquishes and disclaims any and all ownership, right, title and interest in Wife's stock in McDonald's Corporation. Husband covenants and agrees that said stock in McDonald's Corporation shall be and remain the sole and separate property of Wife. (1) Husband and Wife agree that each party shall retain his or her separate savings bonds and to any and all appreciation in the value of the said savings bonds. All savings bonds which are currently designated payable upon death to either Steven Kelley or Daniel Kelley, regardless of whether Husband's or Wife's name appears on the bond, will be held by the party whose name appears on the savings bond and used exclusively for Steven's and Daniel's college education. (m) Wife relinquishes and disclaims any and all ownership, right, title and interest or entitlement in or to Husband's retirement fund with the Commonwealth of Pennsylvania, and to payments he receives from said retirement fund. Wife covenants and agrees that Husband's retirement fund and payments therefrom shall be and remain the sole and separate property of Husband. (n) Wife relinquishes and disclaims any and all ownership, right, title and interest or entitlement in or to Husband's tools. Wife relinquishes and disclaims any and all ownership, right, title and interest or entitlement in or to said tools, and Wife covenants and agrees that Husband's tools shall be and remain the sole and separate property of Husband. (o) Husband and Wife have each taken possession of their respective personal items. Each of the parties hereto relinquishes and disclaims any and all ownership, right, title and interest in or to the personal effects of the other. (p) Wife agrees that she shall take responsibility for full payment of the personal service loan from Members 1st Federal Credit Union, and Wife agrees to indemnify Husband as to any payments. (q) Husband and Wife agree that each shall take responsibility for payment of fifty percent (501/o) of the promissory note provided to David and Carol Englehart, and to indemnify each other as to any payments above the said fifty percent. 6. EOUITABLE PROPERTY. This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with 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. 7. CHILD SUPPORT. Husband agrees to provide seven hundred dollars ($700.00) as child support to Wife for their two sons, Steven and Daniel, while they are both living with Wife. At such time as Steven graduates from high school, the amount of child support shall be reduced to four hundred dollars ($400.00) per month. Child support of four hundred dollars ($400.00) per month shall continue until such time as their son, Daniel Kelley, graduates from high school, providing that he is living with Wife. In the event that only one child who has not graduated from high school shall be living with Wife, child support shall not exceed four hundred dollars ($400). Husband further agrees to provide health insurance for each child until such time as that child graduates from high school, or Wife should remarry, whichever event shall occur first. 8. INCOME TAX RETURN. In the event that any federal income tax is owed for any years in which a joint federal income tax return was filed prior to the execution of this agreement, the parties hereby agree that each shall pay fifty percent (50%) of the amount owed. In the event that any federal income tax refund is due for any years in which a joint federal income tax return was filed prior to the execution of this agreement, the parties hereby agree that each shall be entitled to an amount equal to fifty percent (50%) of the total refund due. 9. INDEMNIFICATION FOR PAST DEBTS. Except as otherwise provided in Paragraph 5, above, each of the parties hereto covenants and agrees to assume full responsibility for and to pay all debts and obligations of whatsoever kind or nature incurred individually by that party prior to the day and date of this Agreement, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debts and obligations from and after the date hereof. 10. FUTURE OWNERSHIP OF PROPERTY. Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, 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. 11. MUTUAL RELEASES. The parties acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights, including but not limited to the following: spousal support, alimony pendente lite in the event of a divorce, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce, and equitable distribution of marital property. It is the intention of the parties hereto that all of the foregoing rights and remedies, with the exception of those otherwise provided in this Agreement, are hereby waived and forever released and that this Agreement shall have the effect of a final Order of Court relieving each party of the obligation to the other for any and all of the foregoing possible rights and remedies. The parties have effected an equitable distribution of their marital property and neither will seek further distribution by any action at law or in equity. 12. EFFECT OF DIVORCE DECREE. The parties covenant and agree that unless otherwise specifically provided herein, 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. INDEMNIFICATION FOR FUTURE DEBTS. Each of the parties hereby covenants and agrees with the other party not to make, incur or attempt to make or incur any debt or obligation for or on behalf of the other party hereto, or for which the other party may be held liable, from and after the date hereof, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debt or obligations from and after the date hereof. 14. OTHER DOCUMENTS. Each of the parties hereto shall, from time to time, at the request of the other party, execute, acknowledge and deliver unto said other party any and all further documents or instruments which may be reasonably required to give full force and effect to the terms and provisions of this Agreement. 15. DIVORCE. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to an absolute divorce on legal and truthful grounds as they now exist or may hereafter arise. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either parry hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. It is understood, however, that Wife will pursue an action in divorce pursuant to Section 3301(c) of the Divorce Code of Pennsylvania, on the grounds that the marriage is irretrievably broken, and that both parties agree to execute and file the appropriate affidavits of consent necessary to complete said action in divorce on the basis of mutual consent. 16. SEVERABILITY. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement, and if any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, all other provisions shall nevertheless continue to be in full force and effect. 17. LAW OF PENNSYLVANIA APPLICABLE. Both parties covenant and agree that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement and to seek and obtain the advice and counsel of an attorney with respect to the same. Wife has engaged the services of Christine J. Taylor, Esquire, and Husband has engaged the services of G. Patrick O'Connor, Esquire, and each parry has carefully reviewed the terms and conditions of this Agreement with his or her respective counsel. Both parties covenant and agree that they fully understand the facts upon which this Agreement is premised and based, that they believe this Agreement to be fair and equitable, that said Agreement is being entered into freely and voluntarily by each of them, and that the 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. 18. INTEGRATION. This Agreement constitutes the entire understanding between the parties and supersedes any and all prior agreements and negotiations between them. Both parties further agree that there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 19. AGREEMENT BINDING UPON HEIRS. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, administrators and assigns. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESSETH: L. Christopher T. COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND SS. On this, the ? day of February, 2002, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared CHRISTOPHER T. KELLEY, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ZQ?? A (SEAL) Notary Public NO:GRU13B IAL SEN. WILLIAM L. , Notary PuM Lower Allen TCumberland County My Commissixpires Aug. 13, 2005 COMMONWEALTH OF PENNSYLVANIA) COUNTY OF ) SS. On this, the -; " day of February, 2002, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared AUDREY L. (KELLEY) ENGLEHART, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. S. Dawn GNomaxiMmer NNootary Public Dillsburg 90ro, Yak C6unty My Commission Expires May 1 , 2006 Member, PennWAM1ASeooletlonotNOWNe .f/ (SEAL) Notary P bhc ] l O'l z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AUDREY KELLEY, Plaintiff vs. CHRISTOPHER KELLEY, Defendant NO. 01-5300 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 10, 2001 and service made on the Defendant on September 18, 2001. 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 of intention to request entry of the decree. 4. 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. 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: 4o?k Christopher Kelley, Defendant ? o c ,? L' ? =? c .? ??^ ,:. ':::min ?C W p ? ?7 ? CV . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AUDREY KELLEY, Plaintiff vs. NO. 01-5300 Civil Term CIVIL ACTION - LAW CHRISTOPHER KELLEY, Defendant 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 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 the foregoing 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: J??A ?V Christopher Kelley, Defendant C 0 N n v? 1 r Z J-7 ? 'i_'. ? . L N :??, ?' ?? N ? i ?ti,) D ? ? m -C W AUDREY KELLEY, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLANDCOUNTY PENNSYLVANIA VS. CHRISTOPHER KELLEY, Defendant * NO. 01-5300 * CIVIL ACTION -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. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Certified Mail Restricted Delivery on September 18. 2001 A Certificate of Service was filed with the Court on September 26, 2001 indicating a date of delivery to Defendant on September 18. 2001 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: April 17.2002; By Defendant: April 22, 2002 (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: The Separation and Property Settlement Agreement was signed by the parties on February 22, 2002 and filed with the Court on April 17, 2002 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Filed April 17, 2002 Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Filed April 22, 2002 Date: By: Christine J. Taylor, Esquir Attorney for Plaintiff C PC f„ "[Y tS <T; J J ti W n n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Audrey Kelley, Plaintiff N O.01-5300 VERSUS Christopher Kelley, Defendant DECREE IN DIVORCE AND NOW, f')17 4% !y` 2.-Od IT IS ORDERED AND DECREED THAT Aildrey Kelley , PLAINTIFF, AND Christopher Kelley DEFENDANT, 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 terms and provisions of the Separation and Property Settlement Agreement signed by both parties and filed with the Court on not merqed, into the Decree in.Divorce and remain binding upon the parties. BY THE COURT: ATTEST/ J. P - PROTHONOTARY I .w s 4 Michelle L. Sommer, Esquire Attomey I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 AUDREY KELLEY, nWa AUDREY YAKUSH, Plaintiff V. CHRISTOPHER KELLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5300 CIVIL TERM IN CUSTODY CUSTODY MODIFICATION AND AGREEMENT THIS CUSTODY MODIFICATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between AUDREYKELLEY, n&4; AUDREY YAKUSH, (hereinafter referred to as "Mother") and CHRISTOPHER KELLEY, (hereinafter referred to as "Father") WHEREAS, the parties are the natural parents of two children, namely STEVEN TIMOTHYKELLEY, born January 2, 1990 and DANIEL CHRISTOPHER KELLEY, born September 2, 1993 (hereinafter referred to as "Children"); WHEREAS, STEVEN TIMOTHYKELLEY is of adult age and is no longer at issue for custody purposes; and WHEREAS, the parties wish to enter into a comprehensive modification and agreement relative to physical custody of their remaining minor Child, DANIEL CHRISTOPHER KELLEY. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties wish to modify their existing Custody Order that was signed by the parties on October 22, 2001 and made an Order of Court on November 15, 2001 by only modifying Exhibit A, Section 1, Paragraph C and as a result no other part of said the said Order of Court is affected by the modification and all other covenants, promises and agreements shall remain in effect. EXHIBIT "A" 1. CUSTODY and VISITATION C. PHYSICAL CUSTODY a. Father will have Primary Physical Custody of the minor child with the minor child now residing in Pennsylvania. b. Mother will have Partial Physical Custody with visitation of the minor child once per month as mutually agreed upon by the parties. c. Visitation shall take place on the following specified weekends to allow for at least one (1) extra day of visitation for Mother. 1. May - Memorial Day weekend 2. September - Labor Day weekend 3. January - Martin Luther King Jr. weekend 4. February - President's Day weekend d. In 2009, Mother shall have visitation in odd numbered years over the Thanksgiving Holiday. Visitation shall coincide with the entire school break for the minor child. e. In 2010, Mother shall have visitation in even numbered years over the Christmas Holiday. Visitation shall coincide with the entire school break for the minor child. f. Summer vacation shall be mutually agreed upon by the parties. g. Mother shall have visitation with the minor child at any other time as the parties can mutually agree. h. Both Mother and Father realize that it is desirable from time to time to alter the schedule set forth in this Custody Modification and Agreement to accommodate special circumstances. Mother and Father are willing to adjust his or her schedule, within reason, to accommodate the plans of the other. i. The parties agree to share transportation and agree to meet half-way at the McDonald's in Great Bend, Pennsylvania for custody exchanges of the minor child. j. Father agrees that he will not file for Child Support for the minor child through the Domestic Relations Section in the County in which the Father resides. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: jo Z1,91-e 9 44? DATE AUDREY LLE (Seal) n/Wa AUDREY YAKUSH G( DATE C STOPHER KELLEY (Seal) STATE OF NEW YORK COUNTY OF SS. ?? Qb On this ?_" day of N? , 2009, before me, the undersigned officer, personally appeared AUDREY KELLEY, n/Wa AUDREY YAKUSH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. NOTARY PUBLIC aaa?a ' y rwxl% M" Of NM York oudmwin No, otaK?t' 4?p Cone E*m MOY 3W 90 .ta COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. t, 61 On thisi _ day of , 2009, before me, the undersigned officer, personally appeared CHRISTOPHER KEL EY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. NOTARY, PUBLIC COMMONWEALTH OF PENNSYLa/A NowW 3etl Shaman L. Freeman, NotWy Pubdc Came am cirnbedand Cour* 7, 3013 Member, Penneyw" MeodOm of Now Ne FkLEC ti _RY tt-- ff G r 2659 JUA 23 h E: 1 COB -, A dbREY KELLEY, n/k/a AUDREY YAKUSH, Plaintiff V. CHRISTOPHER KELLEY, Defendant JUN a 2009 ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5300 CIVIL TERM IN CUSTODY AND NOW this 2-S ' day of , 2009, the attached Custody Modification and Agreement is hereby made an Order of Court. BY THE COURT: Michelle L. Sommer, Esquire, For the Defendant cA?v-y Ftt`cl y , ? ris`??-s; ?,qY ;? ;, ?t?fi?"• ?.