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HomeMy WebLinkAbout05-6683 Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 STEPHANIE L. KElCH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. OS -UJ>J CIULL ~">\.. CIVIL ACTION - LAW IN DIVORCE BRADLEY 1. KElCH, 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 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 and visitation of your children, When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT Fll-E 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 ASSOCLA nON 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 STEPHANIE L. KElCH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 05 - /"',"'-?1 L,' u ~ l ~'C;L"'l BRADLEY J. KElCH, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Stephanie L. Keich, an adult individual residing at 10 Oakwood Circle, Camp Hill, Cumberland County, Pennsylvania 17011, 2. Defendant is Bradley J. Keich, an adult individual residing at 1522 Tussey Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4, The Plaintiff and Defendant were married on April 3, 1993, in Camp Hill, Cumberland County, Pennsylvania, 5, There is one (1) minor child born of this marriage: James T. Keich, born September 17,1993, 6. The parties separated on June 28,2004. 7, There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service ofthe United States or its allies within the provisions ofthe Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs I through 9, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. II. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with S 3301 of the Pennsylvania Divorce Code. INDIGNITIES 12. The averments in paragraphs 1 through 11, inclusive of Plaintiff's Complaint are 2 incorporated herein by reference thereto, 13, Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation ofthe marriage vows and of the laws of the Commonwealth, WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT II EOUITABLE DISTRIBUTION 14. The averments in paragraphs 1 through 13 of Plaintiff's Complaint are incorporated herein by reference thereto. 15. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors, WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401 (d) of the Pennsylvania Divorce Code. COUNT ill SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 16. The averments in paragraphs I through IS, inclusive, of Plaintiff's Complaint are 3 incorporated herein by reference thereto. 17, Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT IV ATTORNEY'S FEES AND COSTS 18. The averments in paragraphs 1 through 17, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 19. Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. WHEREFORE, Plaintiff, Stephanie L Keich, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B, Awarding Plaintiff support, alimony and alimony pendente lite; C. Awarding Plaintiff counsel fees, costs and expenses; D, Equitably distributing the marital property; and 4 Awarding other relief as the Court deems just and ~ryble. /p-- ~ /ib~' S"mpl~S.lIMm, E",.i<< Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court J.D. No, 32317 E, Dated: December 20, 2005 5 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 STEPHANIE L. KElCH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO, 05- r.- C-b3 BRADLEY 1. KElCH, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VIr REGARDING COUNSELING 1. 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. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request, 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities, Dated: ~ de ,2005 )lLj:J..iLtvtUb ILu' elL I STEPHANIE L. KElCH Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 STEPHANIE L. KElCH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. BRADLEY 1. KElCH, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, Stephanie L. Keich, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa, C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: i:;} I dO , 2005 ~~C{'i~ K&(({/L STEP NIE L. KElCH (J ~ ~ --.:D ~ ~ ---... 1t- <f'( Q-- --..0 9-.> D 0 C) -- i3 ...c: <rt D U'I, D ?oJ ~ D- D C> C> r -:tJ~ ~":J::> ~t '---t.... - r- ~ p ~ ~~ r.n - ~:r-n ('J ,n r~ -~,rn N "'9 ';:-~C) :: ,~5.~~ :;)cn (,.J :'..( ':.;.>0 f'-.) :D f'-'; -< Barbara Sumple,Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774,1445 STEPHANIE L. KElCH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO, 05-6683 BRADLEY 1. KElCH, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VIr OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that I served the Divorce Complaint in the above-captioned matter via by United States Mail, CertifIed Mail Return Receipt Requested, Certificate No, 7003 05000001 6561 6017 on the above-named Defendant, Bradley J Keich on December 24, 2005 at his last known home address of 1522 Tussey Court, Mechanicsburg, Cumberland County, Pennsylvania 17050, The original receipt and return receipt card are attached hereto as Exhibit "A", I hereby certifY that the facts set forth above are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa, CS,A ~4904 relating to unsworn falsiflc-ation Dated ',d--acr-Q,5 I Barbara Sump Ie-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff , 1. Article Addressed to: me, '7Y~ (~IJ' ~,ci- I c, ,1. ;). \LLl.~ c.Ou.-d- \,\\,,- JUf\'GJlu.v'9li e(\ 'j !ldb6 . \5>~ '" C. 0/~ \ 1) ./;''' iG)! , I I _,b, 3. Service Type "Certified Mail o Registered o Insured Mail "'''5 ','39 /' -......::..._-~ o Express Mall o Return Receipt for Merchandise o C.O.D. 4. Restrfcted Delivery? (Extm Fee) lit Yes 2. Article Number (Transfer from servIce label) PS Form 3811, February 2004 L _ 7003 0500 0001 6561 6017 Domestic Retum Receipt 10259S.02-M-1540 ['- ... o ~ L='''''''h'.m'''''''''r.TI"I'lnl"",.",,,"m.,.. .",.",.,,,, J ..D MEI'HANICSBURG f'i\ 11fl:i1l Ul ..D U.S. Postal Service'M CERTIFIED MAll'M RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) ... o o o (End o A' o (En Ul o , -- , Postage $ >fIX' ~~' Certified Fee f2.30 II ,,()\ ! ')4' ~y\ Return Reciepl Fee .1.75 , ~ \~. orsementRequired) I ' d! ~ - stricted Delivery Fee $-3.50 \ (;a IJ.:;.' dorsement Required) ~ 0"' IC' /'... /" $ $8.38 \: f',''''n:t7r'ljl:' / tal Postage & Fees .j..,' 1..~,' 1..J .J"," .... ~ -.-. . To en g S'otTOj\)ol'L' 8M-O~ ~ k/erl ['- ~;'~f;'{t;:::'o~'Tsj,'QufljSi;L'Y.uuC6~:~u CitY'%?t~'::j:C6'BO';;..,:,;;;u,~';~;;;mm'..u "I Exhibit A (") c: ,.", = = " . (~,) C) ,"-,) :::1 :Xl -< w MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this ~ day of _rJ-eJ-t ~ 2006, by and between STEPHANIE L. KElCH, 162 South Second Street, Dillsburg, York County, Pennsylvania (hereinafter referred to as "Wife"), and BRADLEY J. KElCH, 1522 Tussey Court, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"), WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on April 3, 1993 in Cumberland County, Pennsylvania; WHEREAS, the parties are the parents of James T. Keich, date of birth: September 17, 1993; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Debra D. Cantor, Esquire, of McNees Wallace & Nurick LLC, for Husband, and Barbara Sumple- Sullivan, Esquire for Wife. Each party acknowledges that he or she has received independent legal advice 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, and each party acknowledges and accepts that this Agreement is, in 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 improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting -2- the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactory to them. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. Each party retains the right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and liabilities, if it is later determined that there has been a failure to disclose, including but not limited to a claim of constructive trust. -3- 3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the cause that led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. Wife has filed an action for divorce in Cumberland County, Pennsylvania filed to No. 05-6683. Said action shall be limited to divorce and neither party may assert any ancillary economic claims otherwise authorized by the Divorce Code, which are specifically waived by the terms of this Agreement. The parties agree that each shall sign and have duly acknowledged an Affidavit of Consent to a divorce and a Waiver of Notice upon execution of this Agreement or the expiration of 90 days. Said Affidavits and Waivers shall be promptly transmitted to counsel for Wife who will promptly file a Praecipe to Transmit Record and Vital Statistics form to precipitate the prompt entry of a decree of divorce. -4- 10/02/2006 16:35 FAX 717 237 5300 MCNEES WALLACE & NURICK !gj 002/004 5. EQUITABLE DISTRIBUTION. 5.1. Marital Residence. The parties acknowledge that they are the joint owners of that certain house and lot and all improvements thereupon situated at 10 Oakwood Circle, Mechanicsburg, Cumberland County, Pennsylvania (the "marital residence"). The marital home is encumbered by a mortgage and held by Husband's grandfather. Husband shall obtain a full release of the mortgage associated with the home no later lhan September 30,2006 and provide proof of release of mortgage at that time. Wife shall prepare a deed for Husband's signature, which shall occur concurrently with the release of the mortgage. Husband and Wife are scheduled to sell the marital home to Husband's parents no later than September 30,2006. 5.2. Contents of Wife's Residence. Contents of Husband's Re~dence and Other Personal Property. 5.2.1. Husband shall and does hereby set over, transfer and assign to Wife all of his right. tille, claim and interest in and to all of the contents of Wife's residence, including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes. jewelry, personalty and other items of tangible property of whatever nature currently located in said residence as well as other jewelry and personal property in Wife's possession as of the date of this Agreement. 5.2.2. Wife shall and does hereby set over. transfer and assign to Husband all of her right. title and interest in and to all of the contents of Husband's residence, including but not necessarily limited to all furniture, furnishings. rugs, carpets. household appliances and equipment, clothes, jewelry, personally and other items of -5- tangible property of whatever nature currently located in the said residence, as well as other jewelry and personal property in Husband's possession as of the date of this Agreement. 5.3. Wife's 401 K. The parties agree that Wife shall retain her 401 K. Husband does hereby set over, transfer and assign to Wife any and all of his right, title, claim and interest in and to all or any portion of Wife's 401 K. 5.4. Vehicles. Husband is the owner of a 2004 Chevy Tahoe, a 2004 Harley Davidson, and a 2006 Harley Davidson. Wife does hereby set over, transfer and assign any and all of her rights, title, claims and interest in Husband's 2004 Chevy Tahoe, 2004 Harley Davidson, and 2006 Harley Davidson. Wife is the owner of a 2004 Chevy Malibu. Husband does hereby set over, transfer and assign any and all of his right, title, claim and interest in Wife's 2004 Chevy Malibu. 5.5. Credit Card Debt. The parties have no joint credit card debt. Wife agrees to be solely responsible for the payment of all credit card debt in her individual name and shall indemnify and hold Husband harmless from such debt. Husband agrees to be solely responsible for the payment of all credit card debt in his individual name and shall indemnify and hold Wife harmless from such debt. 5.6. Bank Accounts. All jointly held bank accounts were divided by agreement of the parties. Wife does hereby set over, transfer and assign to Husband all interest in any bank accounts held in his individual name or in that of any of his business interests. Husband does hereby set over, transfer and assign to Wife all interest in any bank accounts held in her individual name. -6- 5.7. Property of Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 5.8. Propertv of Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 5.9. Assumption of Encumbrances. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of property to be awarded to the other party warrants that all dues, fees, assessments, mortgages, taxes, insurance payments and the like attendant to such property are current, or if not current, -7- notice of any arrearage or deficiency has been given to the receiving party prior to the execution of this Agreement. 5.10. Taxes. By this Agreement, the parties have intended to effectuate and equitably divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. Except as may be otherwise expressly provided herein, 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 effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the division of the marital property and the marital settlement herein contained, each party shall receive each item of property at the tax basis that existed for the item immediately before the execution of this Agreement, and that this Agreement is not intended to affect the tax basis or tax status for the property received by the party. The parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any other source. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save -8- the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. The parties have received notification from the IRS regarding a deficiency in the payment for the tax year 2004. Wife shall pay the deficiency, penalty and any other costs or fees associated with this notification no later than September 30,2006. 5.11. Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 5.12. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 5.13. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will. at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him -9- ...... and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 5.14. Warranty as to Future Obliaations. Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 5.17. Lumo Sum Payment. Husband agrees to pay to Wife the sum of $25,000 no later than September 30, 2006. Husband shall then pay to Wife the sum of $5,000 no later than March 31, 2007. These payments are to be considered equitable distribution. In the event that Husband fails to make payment of the sums on or before the due date, said sum shall accrue interest at a rate of eight (80/0) percent per annum until paid or collections Further, Husband shall also reimburse wife for all costs she incurs in collection of this obligation, including but not limited to, reimbursement of attorney's fees. -10- ....... 5.18. Release of Claims. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code. Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties hereby expressly release and relinquish, each to the other, every claim, demand, right and interest he or she may have in or against the other, or against his or her estate, together with any income or earnings thereon, arising from and during the marriage and of or from any other reason growing out of the marital relationship. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of execution of this Agreement 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. 6. BUSINESS INTERESTS. -11- 10/02/2008 18:35 FAX 717 237 5300 MCNEES WALLACE & NURICK ~ 003/004 A. Husband is a one half owner in B&B Realty Associates which is a real estate partnership. Wife hereby assigns and transfers all of her right, title and interest in B&B Realty Associates as well as all real estate holdings owned by the company. B. Husband is the one half owner of Bradley's Property Maintenance, Inc., which provides landscaping services. Wife hereby assigns and transfers all of her right, title and interest in Bradley's Property Maintenance, Inc, as well as all real estate holdings owned by the company. C. Husband warrants that Wife is not a guarantor or obligor on any debt related to these business interests. Husband agrees to indemnify and hold Wife harmless for any such expenses. costs, claims, suits related to these business interests. 7. SPOUSAL SUPPORT/ALIMONY PENDENTE UTE/ALIMONY RELEASE. The parties acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease. that their respective incomes and assets may substantially increase in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement. the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have. by reason of the parties' marriage. to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may -12- have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Except as provided for in this Agreement, it shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from the other party. In the event that either of the parties shall seek a modification of the terms of this paragraph, or in the event that Wife makes any claim for spousal support or alimony other than as provided for by the terms of this Agreement, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including counsel fees and costs. 8. CUSTODY 8.1 SHARED CUSTODY - The parties agree that they will share legal custody of James T. Keich (hereinafter "the Child"), legal custody being defined as the legal right to make major decisions affecting the best interests of a minor child including, but not limited to, medical, religious and educational decisions. The parties agree that the custody of the child shall be shared on a week on/week off basis with the parties exchanging custody each Thursday. 8.2. CONSULTATION PRIVILEGES. In addition to any provisions which may be contained herein regarding custody and visitation, Husband/Wife shall have the following rights with respect to the child: reasonable telephone calling privileges; access to report cards and other relevant information concerning the progress of the children in school; approval of extraordinary medical and/or dental -13- 10/02/2008 18:35 FAX 717 237 5300 MCNEES WALLACE & NURICK ~ 004/004 treatment provided that such approval shall not be unreasonably withheld: approval of summer camp and schools provided that such approval shall not be unreasonably withheld. 8.3. CHANGE OF RESIDENCE. The parties have negotiated the legal and physical custody provisions and/or the visitation provisions of this Agreement based upon existing circumstances, and in particular. based upon the child's attendance in the Cumberland Valley School District. Mother intends to relocate to Dillsburg, but the parties agree that the Child shall attend school at Cumberland Valley until further agreement or court order. 8.4. CUSTODY COURT ORDER. The parties agree that they will forthwith execute and will cause their respective attorneys to execute the stipulation for the entry of a court order by agreement. 8.5. TAX DEDUCTION: For calendar year 2006, each party shall file a separate return. The parties shall alternate claiming their son, James T. Keich, for taxes, with Wife claiming James in even numbered years. and Husband claiming James in odd numbered years. 9. CHILD SUPPORT. Effective November 1, 2006 and continuing until March 31, 2007, Husband shall pay $400 per month for the support of the Child. Thereafter, either party may seek to modify the support amount either by agreement or by filing a petition at Domestic Relations. Wife shall be responsible for the firsl $250 of -14- unreimbursed medical expenses. Thereafter, the parties shall divide unreimbursed medical expenses 60%-Husband/40%-Wife. This Agreement shall be administered by the Cumberland County Domestic Relations Office, and Husband shall make payments directly to Pennsylvania SCDU. Husband agrees to make the October payment directly to Wife at the time of closing. 10. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 11. WAIVER OF INHERITANCE RIGHTS. Effective upon the signing of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited, to a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 12. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 13. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions -15- hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 14. BREACH. If either party hereto is in breach of any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all reasonable costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 15. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other provision of this Agreement. 16. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be affected by registered or certified mail, return receipt requested. Notice to Wife will be sufficient if made or addressed to the following: Stephanie L. Keich 162 South Second Street Dillsburg, PA 17019 and to Husband, if made or addressed to the following: Bradley J. Keich 1522 Tussey Court Mechanicsburg, PA 17050 Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. -16- 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 19. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT. This Agreement shall remain in full force and effect even if the parties effect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 20. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely of convenience of reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or affect. 21. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. -17- 22. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 23. MUTUAL COOPERATION. Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 24. AGREEMENT NOT TO BE MERGED. This Agreement shall remain in full force and effect in the event of the parties' divorce. This Agreement shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are not waived or released by this Agreement. -18- IN WITNESS WHEREOF, the parties hereto set their hands and seals on the ~ss ~ Keich, Husband -19- COMMONWEALTH OF PENNSYLVANIA/? : COUNTYOF ~~_~ BEFORE ME, the undersigned authority, on this day personally appeared STEPHANIE L. KElCH, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. /L f1VEN UNDER MY HAND AND SEAL OF OFFICE this d day of (y;rr;~06. -20- .. ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared BRADLEY J. KElCH, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~fllJ day of S'~?7'; ,2006. ~ft ~~/ /Notary Public ~ COMMONWEALIH OF PENNSYLVANIA Notarial Seal Carol A. Leiphart. Notary Public Hampton Twp.. Cumbertand ColIlty My COmmls3lon ExpiI8S Nov. 15.2007 Member PAnnsylvania Association Of Notaries -21- o ~;" r-' <= C,;;:) CT" c:> C? .-.; o --n ~ f1'~ ~3~, .~~ ;:;:..; ":;" :.-<. , (".11 :r:: :J... C..f\ (...n Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 STEPHANIE L. KElCH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-6683 BRADLEY J. KElCH, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330I(c) of the Divorce Code was filed on December 21,2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: In I a- t ,2006 ~-1(t.R < ~/hiA_ S E EL.KEICH o f; ;~~~. l'...:l c::::J = c;:r. CJ n --'l o '"11 -----l rt, :D I -nnl :fJ CJ ,-'" 1 ~::; ~i:: ,~~~ '-1 :r.... :D =< I CJ1 Ul STEPHANIE L. KElCH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 05-6683 v. CIVIL ACTION - LA W BRADLEY J. KElCH, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1 A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 21,2005. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of 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 herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~eiCh Date: ~ 021 , 2006 ~ c:::> 0.... o ('"") --\ \ c..."'\ o .:on .-\ if;~ l-ri :9)0 <l~ ~\ "~J~_ ~'~~ ~~\ ....1-.... ~ :::;:'" ~':,. - - 01'"\ <..fI Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 STEPHANIE L. KElCH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-6683 BRADLEY J. KElCH, Defendant : CIVIL ACTION - LA W : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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 statement herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATE: ' /0/ d- , 2006 ~i?Ji~JL[Q, i. h4d1-' PEL. KElCH (") s: ":-:~- t~'- f-..) c:;) c:;:;) 0"" o o --\ o -11 --' :J:"'T\ n,p -om :by C~j ~? ~~ :.0, .-<.. I U1 01 Ul STEPHANIE L. KElCH, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 05-6683 v. : CIVIL ACTION - LA W BRADLEY J. KElCH, IN 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 in 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. Section 4904 relating to unsworn falsification to authorities. ~cich Date: .4epfc2Q ,2006 (') c:; r-:> c::.::> .;::::J c:r' o ."--" ... ' -.0\ \ <J\ ~ ~.." \1"' r:: -0 \1j '\J1 :"~~~ ';:~(~ ,,':- (n , ) :::-\ "b ~ ~ -- -- en (.,n .. ~ Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 STEPHANIE L. KElCH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-6683 BRADLEY J. KElCH, Defendant : CNIL ACTION - LA W : 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 ~3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: United States Mail, Certified Mail, Restricted Delivery on December 24, 2005. 3. Date of execution of the Affidavit of Consent required by ~ 3301( c) of the Divorce Code: by Plaintiff: October 2, 2006; by Defendant: September 29, 2006. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated October 2, 2006 and incorporated, but not merged, into the Decree. See paragraph 24, page 18 of the Agreement. 5. Date Plaintiffs Waiver of Notice in ~3301(c) Divorce filed with Prothonotary: October 5, 2006. Date Defendant's Waiver of Notice in 01) Divorce was filed with Prothonotary: October 5, 2006. Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Dated: October -1-, 2006 . ...... Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 STEPHANIE L. KElCH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-6683 BRADLEY J. KElCH, Defendant : CIVIL ACTION - LA W : IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by fITst class mail, postage prepaid, addressed as follows: Debra Denison Cantor, Esquire McNees, Wallace & Nurick 100 Pine Street Harrisburg, PA 1710 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court LD. No. 32317 Attorney for Plaintiff DATED: octOber!/:-, 2006 t""-' c:> c;;j c:r"'" o n. --. \ cJ1 ~ ~-n rl1c -otD ~;~~ i) ~\~.:~ ~~ ,'.- \ G o "-A ~ ~~ -{".... - - cJ1 (.1". "''''''' IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF STEPHANIE L. KElCH, PENNA. Plaintiff No. 2005 - 6683 VERSUS BRADLEY J. KElCH, Defendant DECREE IN AND NOW, DIVORCE ()~ It; DECREED THAT STEPHANIE L. KElCH BRADLEY J. KElCH AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. o::r I: 3~M . 2006 , IT IS ORDERED AND , PLAI NTI FF, , DEFENDANT, 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; All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated October 2, 2006 and incorporated, but not merged, into the Decree. ATTESTi'~ c -- - -"';itROTHONOTARY ~~~~~ ~~~~~ "'~~~~~~~~~~~~~~~~~~~~~~~ J. "'r""? r 9' ~ ~J4., '1rJ. II - 0/ ~' ~ ~ ? ~ M&,;;..prJ '10 /I - 01 4l" ". . . . ^,. ,I' ..