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HomeMy WebLinkAbout06-1184Paul C. Keifer, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Defendant : CIVIL ACTION : NO. 06-11fi `(' : IN DIVORCE - LAW Trish L. Keifer, NOTICE CIVIL TERM 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. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT 1S 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 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. 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. Paul C. Keifer, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Trish L. Keifer, NO. 06 - 1 P Y CIVIL TERM Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Paul C. Keifer, who currently resides at 15 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania, since August 23, 2003. 2. Defendant is Trish L. Keifer, who currently resides at 24 Trine Avenue, Mount Holly Springs, Cumberland County, Pennsylvania, since November of 2003. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on October 11, 1997, in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 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 requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Date: Respectfully submitted, ROMINGER, BAYLEY & WHARE Karl E. Rominger, Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4404, relating to unsworn falsification to authorities. Date: 1'aul C. Keifer, Plai if Paul C. Keifer, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, :PENNSYLVANIA V. : CIVIL ACTION - LAW Trish L. Keifer, : NO. 06 - CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff do hereby certify that I will be serving a copy of the within Divorce Complaint upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Trish L. Keifer 24 Trine Avenue Mount Holly Springs, Pa 17065 Respectfully submitted, ROMINGER, BAYLEY & WHARE Dated: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff y JI, _ c O Paul C. Keifer, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Trish L. Keifer, : NO. 06 - jj( tq CIVIL TERM Defendant : IN DIVORCE NOTICF If you wish to deny any of the statements set forth in this Affidavit, you must file a counter- affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on August 23, 2003, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. § 4904 relating to unsworn falsification to authorities. Date: goi -c?ce Paul C. Keifer, Plaintiff ??, ., ;;. f) PAUL C. KEIFER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TRISH L. KEIFER, : NO. 06-1184 - CIVIL TERM Defendant : IN 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 for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO 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 LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo at partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en Is peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 PAUL C. KEIFER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TRISH L. KEIFER, : NO. 06-1184 - CIVIL TERM Defendant : IN DIVORCE DEFENDANT'S ANSWER TO THE COMPLAINT NEW MATTER, CUSTODY, AND EQUITABLE DISTRIBUTION AND NOW comes Defendant, Trish L. Keifer, by and through her counsel, Mark A. Mateya, Esquire, and responds as follows: 1. Admitted. 2. Denied as stated. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied as stated. 7. Admitted. 8. This allegation requires no response. AVERMENT OF FACT 9. Husband and Wife have not lived separate and apart for two (2) years, as implied by averments of Plaintiff's Complaint under section 3301(d), paragraphs 1 and 2. 10. Husband and Wife continue marital relations on a regular basis. 11. Husband and Wife still hold out to any and all interested third parties that they are married and continue to reside together - all of the following vacations listed below which were attended by Husband, Wife, and both children: a. Family vacations over the Memorial Day Weekend, from on or about May 27, 2005 until on or about May 30, 2005; Family vacation over the extended Fourth of July weekend of 2005; C. Multiple three and four day weekend vacations at Treasure Lake, mostly at the Jack Moore Campground; d. A one week beach vacation in August of 2004; e. In December 2005, Husband gave Wife's telephone number as his own contact information to his physician. Physician thereafter telephoned Wife looking for Husband and reported to Wife that Husband had stated Wife's contact information as his own; f. In October of 2005, Husband took Wife out to The Valley restaurant in order to celebrate their wedding anniversary; g. In February 2005, Husband and Wife, together, visited the Dickinson School of Law Tax VITA program, Wife paying for both her own and her Husband's taxes, at Husband's request, Husband had repeatedly stated to Wife at that time that he was "coming home" to his Wife's residence to live with her and their children. NEW MATTER COMPLAINT FOR CUSTODY 12. Paragraphs I through 11 above are incorporated herein by reference. 13. Plaintiff and Defendant are the parents of two children namely, Ashley Keifer, born September 29, 1994, who currently resides with Defendant at 24 Trine Avenue, Mount Holly Springs, Cumberland County, Pennsylvania and Brandi Keifer, born May 3, 1999, who currently resides at 24 Trine Avenue, Mount Holly Springs, Cumberland County, Pennsylvania. 14. The children Ashley Keifer was born out of wedlock and Brandi Keifer was born in wedlock. 15. The children are presently in the custody of Defendant (Mother) at 24 Trine Avenue, Mount Holly Springs, Cumberland County, Pennsylvania. 16. During the past five years the children have resided with the following persons at the following addresses: a. From October 2003, to the present at 24 Trine Avenue, Mount Holly Springs, Cumberland County, Pennsylvania, with Defendant. b. From July 1, 2000 to October 2003, at 863 Burnt House Road, Carlisle, Cumberland County, Pennsylvania, with Plaintiff and Defendant. 17. The Father of the children, Paul C. Keifer, is currently residing at 15 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania. 18. The Mother of the children, Trish L. Keifer, is currently residing at 24 Trine Avenue, Mount Holly Springs, Cumberland County, Pennsylvania. 19. The relationship of the Plaintiff to Ashley Keifer and Brandi Keifer is that of natural father. 20. The relationship of the Defendant to Ashley Keifer and Brandi Keifer is that of natural mother. 21. The Defendant has not participated as a party or a witness, or in any other capacity, in other litigation concerning the custody of the children in this or another Court. 22. Defendant has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth or any other state. 23. Defendant does not know of a person not a party to this custody proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 24. The best interests and permanent welfare of the children will be served by granting the relief requested because: a. Defendant is the mother of the children. b. Defendant has been the care giver of the children since their birth. C. Plaintiff is unable to independently care for the children WHEREFORE, Plaintiff requests this Honorable Court to grant joint legal custody of the children to Plaintiff and Defendant and to grant physical custody of the children to Defendant pending a custody conciliation conference. CLAIM FOR EQUITABLE DISTRIBUTION 25. Paragraphs 1 through 24 above are incorporated herein by reference. 26. Plaintiff and Defendant are the owners of various items of real property, personal property, furniture and household furnishing that may be subject to equitable distribution by this Court. 27. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits which may be subject to equitable distribution by this Court. 28. Plaintiff and Defendant are co-debtors on various debts which may be subject to equitable distribution by this Court. 29. Plaintiff owns a mobile home which may be subject to equitable distribution by this Court. WHEREFORE, Defendant requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; Equitably distributing all property owned by the parties hereto; C. Equitably dividing the marital debts incurred by the parties hereto; d. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of hearing on this Complaint, Defendant respectfully requests that pursuant to §304(a)(1) and (4) and §401(b) of the Divorce Code that the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; C. For such further relief as the Court may determine equitable and just. CLAIM FOR ALIMONY PENDENTE LITE, ALIMONY AND ATTORNEY'S FEES 30. Paragraphs 1 through 29 above are incorporated herein by reference. 31. Defendant is unable to sustain herself during the course of litigation. 32. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 33. Defendant lacks sufficient income to provide for her reasonable legal fees in order to adequately defend herself through the course of this litigation. 34. Plaintiff has the means and ability to pay Alimony Pendente Lite, and Alimony to Defendant. WHEREFORE, Defendant requests the Court to enter an award of alimony pendente lite, and Attorney's fees until a final hearing and thereupon to enter an Order of alimony in favor of Defendant. Date: LI h ?( 6 Respectfully submitted, ?V-k . Mark A. Mateya, Esq We Attorney ID No. 78931 P.O. Box 127 Boiling Springs PA 17007 (717) 241-6500 (717) 241-3099 Fax VERIFICATION I, TRISH L. KEIFER, verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. ``3( 4 DATED: ? RISH L. KEIFER CERTIFICATE OF SERVICE I, hereby certify that I have served a copy of the foregoing Answer and New Matter on the following person(s) by facsimile and by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Karl E. Rominger Esquire Rominger Bayley & Whare 155 South Hanover Street Carlisle PA 17013 ? ? D (a Dated: Mark A. Mateya, Es ire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 1 'l ? II)- f i PAUL C. KEIFER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TRISH L. KEIFER DEFENDANT 06-1184 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 12, 2006 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 18, 2006 at 8:30 AM 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 hearinL,. FOR THE COURT, By: /s/ Hubert X. Gilroy Esq, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?Tol 40 -V , J{17 -? c?h RECEIVED MAY 221090 PAUL C. KEIFER, : IN THE COURT OF COMMON PLEAS OF Y Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW TRISH L. KEIFER, : NO. 2006-1184 Defendant : IN CUSTODY COURT ORDER Ai AND NOW, this day of May, 2006, The Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. x t UP ubert X. G' y, Esquire Custody C ciliator N :11 Wtf SZ AVW 90Ql J?d`J1C „= ; uH1 ?Q JUL 2 8 2006 PAUL C. KEIFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : 06-1184 CIVIL ACTION LAW TRISH L. KEIFER, IN CUSTODY Defendant STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: I. Lesal Custody 1. The parties hereby agree to share legal custody of the minor children, Ashley Keifer, born September 29, 1994, and Brandi Keifer, born May 3, 1999, both currently residing at 24 Trine Avenue, Mount Holly Springs, Cumberland County, Pennsylvania. All decisions affecting the children's growth and development including, but not limited to: choice of day care provider, if any; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletics pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. 2. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other party's right to shared legal custody of the children. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the children. 3. While in the presence of the children, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory of uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 4. It shall be the obligation of each parent to make the children available to the other in accordance with the physical custody schedule set forth herein and to encourage them to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonable be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with on another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the children as a messenger. Furthermore, neither parent shall discuss with the children any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, the parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-t-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and fill information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic school report cards, birth certificated, etc. Both parents may and are encouraged to attend school conferences and activities. 9. Neither parent shall schedule activated or appointments for the children which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent without that parent's express prior approval; however, each parent has a duty to ensure the children's; attendance and participation in any sports, extracurricular activities or jobs in which the children choose to participate. 1Z Physical Custody The parents shall share physical custody of the children. Mother shall have primary physical custody. Father shall have partial custody as periodically determined by mutual agreement. Failing mutual agreement to the contrary, the following schedule shall apply: Father shall have custody of Ashley and Brandi every Monday and Friday from 3:15 p.m. (after school lets out) until 9:00 p.m. where Father shall return both children to Mother. M. Telephone PrivRe¢es The parties agree that there shall be reasonable telephone access between the children and both parents. The children shall be permitted free access to place calls to their parents at any time they desire. IV. Relocation The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Mother's and Father's current residence in Cumberland County, Pennsylvania. If either parent desires to establish a residence more than fifty (50) miles from his or her present residence, he or she shall give the other parent at least ninety (9) days' written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. THIS STIPULATION SHALL BE ENTERED AS AN ORDER OF THE COURT. L Paul C. Keifer, Pla Karl E. Rominger, Esquire Attorney for Plaintiff Date: A, 6 l _ Zoo ,6 L1' Trish L. Keifer, Defend _w . 61? TZ Mark A. Mateya, Esq e Attorney for Defendant BY THE COURT: U% %, D C', 4 1- ;?i`/,r,I'{7 "1 PAUL C. KEIFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TRISH L. KEIFER, No. 06-1184 CIVIL TERM Defendant IN CUSTODY PETITION TO MODIFY CUSTODY Petitioner is Paul C. Keifer who resides at 11 Butler Lane, Newville, Cumberland County, Pennsylvania 17241. 2. Respondent is Trish L. Keifer who resides at 24 Tine Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. On August 1, 2006, the J. Wesley Oler entered the Stipulation and Court Order attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a. The parties involved have made a verbal agreement to change the current Custody Order and Petitioner would like the same entered into an Order of Court. 5. The best interest of the children will be served by the Court in modifying said Order. 6. As this is a request to modify a current Custody Order it is assumed the opposing counsel Mark A. Mateya, Esquire is opposed to this modification request. WHEREFORE, Plaintiff prays this Court to grant the modification of the Custody Stipulation and Court Order of August 1, 2006. Date: February 4, 2008 Respectfully submitted, Rominger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff PAUL C. KEIFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TRISH L. KEIFER, No. 06-1184 CIVIL TERM Defendant IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: Z - y-o 8 P C. Keifer, Plaintiff PAUL C. KEIFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TRISH L. KEIFER, No. 06-1184 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, Paul C. Keifer, do hereby certify that I this day served a copy of the Petition to Modify Custody upon the following by First Class Mail delivery at Carlisle, Pennsylvania, addressed as follows: Mark A. Mateya, Esquire P. O. Box 127 Boiling Springs, PA 17007 Respectfully submitted, Rominger & Associates Date: February 4, 2008 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff C -c v.ij M M --- R O Yarn 1 .01W PAUL C. KEIFER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-1184 CIVIL ACTION LAW TRISH L. KEIFER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, February 11, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on , Thursday, March 20, 2008 at 9:30 AM 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. 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/ Hubert X. Gilro Es q. /yA 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 I I T Wd 1 1 833 BUZ Ab'7'-l N'Oi F10,A 3Hi JO r ? MAR 2 5 200?n PAUL C. KEIFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW TRISH L. KEIFER, NO. 2006-1184 Defendant IN CUSTODY COURT ORDER AND NOW, this 2 'day of March, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of August 1, 2006 is ratified and affirmed subject to the following modifications: 1. The mother shall continue to enjoy primary physical custody of the minor children. The father shall enjoy periods of temporary physical custody on every Wednesday evening from 5:00 p.m. until 9:00 p.m. and at such other times as agreed upon by the parties. Depending upon school activities, father may get the children earlier than 5:00 p.m. subject to the parties communicating on that issue. 2. The parties shall share or alternate major holidays pursuant to a schedule as worked out between the parties. The sharing or alternating of holidays may be accomplished with the father having some time with the minor children either the day before or the day after the holiday if the parties so arrange. Absent an agreement between parties, the parties shall handle the holiday schedule with father having custody of the minor children on Memorial Day, July 4, Labor Day, Thanksgiving, Christmas and New Years Day at 4:00 p.m. until 9:00 P.M. 3. For the children's birthdays, father shall also be afforded an opportunity to be with the children on their birthday or the day before as the parties agree. Absent an agreement, the father shall have custody from 4:00 p.m. until 9:00 p.m. on the children's birthdays. 4. Both parties shall insure that the other parent has a current telephone number to reach each parent and that those numbers are available for the parent to contact the home. >- c c ru C: , cY C LLJ i LL- 1 .. C?4 r 5. The parties may modify this custody schedule as they agree. Absent an agreement, the cc parties shall follow the schedule as set forth above. In the event the parties desire to modify this schedule, either party may petition the Court to have the case again scheduled with the Custody Conciliator. A. Mateya, Esquire n t M. Monfredo, Zince--c V BY THE COURT, ? / , 0. PAUL C. KEIFER, Plaintiff V TRISH L. KEIFER, Defendant Prior Judge: J. Wesley Oler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-1184 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Ashley Keifer, born September 29, 1994 and Brandi I. Keifer, born May 3, 1999. 2. A Conciliation Conference was held on March 20, 2008, with the following individuals in attendance: The mother, Trish L. Keifer, with her counsel, Mark A. Mateya, Esquire, and the father, Paul C. Keifer, with his counsel, Vincent M. Monfredo, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: ??W /? ? Hubert X. Gilroy, Custody Concilia Paul C. Keifer, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Trish L. Keifer, : NO. 06 - 1184 CIVIL TERM Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Paul C. Keifer, Plaintiff, moves the Court to appoint a Master with respect to the following claims: ( X ) Divorce ( X ) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( X ) Counsel Fees ( X ) Alimony Pendente Lite ( X ) Costs and Expenses and in support of the Motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by his attorney, Karl E. Rominger, Esquire. 3. The statutory ground(s) for divorce is irreconcilable differences 4. The action is contested with respect to the following claims: equitable distribution, alimony, counsel fees. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. 7. Additional information, if any, relevant to the Motion: None. Respectfully Submitted, Rominger & Associates Date: August 14, 2008 Karr E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #81924 Attorney for Plaintiff c :1 -r' ?AUG'?? 2008 Paul C. Keifer, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Trish L. Keifer, : NO. 06 - 1184 CIVIL TERM Defendant : IN DIVORCE ,?O/?RDER APPOINTING MASTER AND NOW, this 10- day ofd, 2008, 2? ?-? Esquire, is appointed Master with respect to the following claims: 1. Divorce. 2. Alimony. 3. Distribution of Property. 4. Counsel Fees. 5. Costs and Expenses. Distribution: Xarl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 lark A. Mateya, Esquire P.O. Box 127 Boiling Springs, Pennsylvania 17007 A 11 1 N 11-13-'09 10:32 FROM-ROMINGER & ASSOC 7172416878 T-806 P004/004 F-124 PAUL C. KEIFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW TRISH L. KEIFER, : NO. 06-1184 CIVIL TERM Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on MW-Ch 2,00(o . 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. § 4904, relating to unsworn falsification to authorities. Date: l1-13 -6g C' ?? Pa C. Keifer, Plaintiff ?, L? ;?'s' EJ iii; i.. 11-13-'09 10:32 FROM-ROMINGER & ASSOC 7172416878 T-806 P002/004 F-124 PAUL C. KEIFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TRISH L. KEIFER, Defendant CIVIL ACTION -LAW NO. 06-1184 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 11-13 - 05' C-- Paul C. Keifer, Plaintiff LI) ? ? r 11-13-'09 10:32 FROM-ROMINGER & ASSOC 7172416878 T-806 P003/004 F-124 PAUL C. KEIFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TRISH L. KEIFER, Defendant CIVIL ACTION -LAW NO. 06-1184 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 146_ Qx.QLf e% &Wn,4 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. § 4904, relating to unsw'orn falsification to authorities. Date: Trish L. Keifer, Defendant i ?:_i?? .. ?_ L ? ??7??.1 L U)?:Jd ;...? ty??ii. ?.ti Li .': ... ' r ?? t .. ._ 11-13-'09 10;32 FROM-ROMINGER & ASSOC PAUL C. KEIFER, Plaintiff V. TRISH L. KEIFER, Defendant 7172416878 T-806 P001/004 F-124 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 06-1184 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date; Trish L. Keifer, Defendant 2ul? NOV I PAUL C. KEIFER, Plaintiff VS. TRISH L. KEIFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 1184 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of , 2009, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on November 13, 2009, the date set for a conference, the agreement and stipulation having been transcribed and signed by the parties, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. cc: ? Michael 0. Palermo, Jr. Attorney for Plaintiff Trish L. Keifer Defendant ac? 6" n-xat u 13loq BY COURT, Edgar B. Bayley, P.J. L r J Y t J l i t p' ?i J PAUL C. KEIFER, Plaintiff VS. TRISH L. KEIFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 1184 CIVIL IN DIVORCE THE MASTER: Today is Friday, November 13, 2009. This is the date set for a conference in the above-referenced divorce proceedings. Present are the Plaintiff, Paul C. Keifer, and his counsel Michael 0. Palermo, Jr., and the Defendant, Trish L. Keifer. Mrs. Keifer is not represented by counsel, although Mr. Mateya has previously been her counsel. Mr. Mateya sent the Master's office a letter indicating that he would not be present today at the request of his client, Trish L. Keifer. The complaint in divorce was filed on March 1, 2006, raising grounds for divorce of irretrievable breakdown of the marriage. Although an affidavit under Section 3301(d) was filed, the parties today have signed affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can conclude under Section 3301(c) of the Domestic Relations Code. The affidavits and waivers will be filed with the Prothonotary's office by the Master's office. Economic claims were raised on behalf of wife 1 on April 6, 2006, of equitable distribution, alimony, and counsel fees and expenses. The parties have had a discussion this morning with regard to the economic issues. Wife is currently receiving child support for two children born of the marriage who are in her custody. The payment of child support is made directly to wife; not through the Cumberland County Domestic Relations Office. The arrangements with regard to child support were worked out apparently between the parties previously. Husband not only pays support to wife in the amount of $175.00 per week for the children but also does contribute in other ways, as wife has indicated, pursuant to an agreement to assist with the purchase of clothing and school supplies and other needs that the children have. The agreement that we are going to place on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties and Mr. Palermo are going to return later this morning to review the agreement and sign affirming the terms of settlement. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and Mr. Palermo can file a praecipe transmitting the record to the 2 Court requesting a final decree in divorce. The assets in this case are minimal. We have had a discussion regarding a Jeep which is in the possession of wife and Mr. Palermo will indicate in the agreement that the parties will arrange to have title transferred to wife. Each of the parties have a 401(k) plan through their employment. The parties have agreed that a portion of husband's 401(k) will be transferred to wife and each party will retain their own 401(k) free of any claims by the other party. Wife will also waive her claim for alimony and counsel fees. The children are 15 an 10 years of age. As indicated, wife has primary custody; husband has adequate arrangements with his wife to see the children. The parties were separated on August 23, 2003, and were married on October 11, 1997. Mr. Palermo. MR. PALERMO: Mr. Elicker was appointed August 18, 2008, for divorce, alimony, distribution of property, counsel fees, costs and expenses. It is husband's understanding that this agreement only pertains to distribution of property and wife is waiving the remaining claims. The agreement is as follows: 3 1. Husband agrees to effectuate the Jeep Grand Cherokee to wife. Husband possession the title to said vehicle. two weeks of this order appear to have wife and sign any necessary documents transfer. signing over of a 1996 also has in his Husband will within the title returned to to effectuate the 2. In regard to wife's demand, husband agrees to transfer a lump sum payment of $5,500.00 to wife in the form of a QDRO or a simple profit sharing form if at all possible held by Keen Transportation, Incorporated administered by the Principle Financial Group. If the monies cannot be transferred to wife's plan, wife will have to set up an account to receive the funds that are going to be rolled over. Husband's plan is administered by Fidelity Investments. 3. In addition, husband agrees to waive any interest and to effectuate any transfer of the cemetery plots, of which there are two in the Westminster Cemetery on the Ritner Highway, Carlisle, Pennsylvania. THE MASTER: Mrs. Keifer, have you heard what has been stated? MRS. KEIFER: Yes. 4 THE MASTER: Do you have anything that you want to add before he goes on to the final part of the agreement? MRS. KEIFER: Nope. MR. PALERMO: 4. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. THE MASTER: Mrs. Keifer, have you heard Mr. Palermo recite the terms of the settle? MRS. KEIFER: Yes. THE MASTER: Do you understand what he said? MRS. KEIFER: Yes. THE MASTER: And are you willing to sign an agreement to that effect? MRS. KEIFER: Whatever. MR. PALERMO: Mr. Keifer, did you hear what I said into the record today? MR. KEIFER: Yes. 5 MR. PALERMO: You understand that you are giving up a certain part of your 401(k) to your wife? MR. KEIFER: Yes. MR. PALERMO: And that's in consideration of finalizing the divorce? MR. KEIFER: Yes. MR. PALERMO: And you understand that you are waiving any and all rights in taking her estate? MR. KEIFER: Yes. MR. PALERMO: Okay. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Michael O. rmo, Jr. Attorney for Plaintiff Paul C. Keifer l? LK4n Tfish L. Keifer' 6