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HomeMy WebLinkAbout06-2373KAY C. KEIM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO.2006- ?23?3 L iv?C ?f/L? STEPHEN W. KEIM, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO PLEAD You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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, Pennsylvania 717-249-3166 KAY C. KEIM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : NO.2006- a 3' STEPHEN W. KEIM, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT Plaintiff, Kay C. Keim, by her attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Plaintiff is Kay C. Keim, an adult individual residing at 2 Lynn Avenue, Newburg, Cumberland County, Pennsylvania 17240. 2 Defendant is Stephen W. Keim, an adult individual residing at 2 Lynn Avenue, Newburg, Cumberland County, Pennsylvania 17240. 3 Plaintiff and Defendant were married in Jersey Shore, Pennsylvania on July 25, 1992. 4 Both Plaintiff and Defendant have resided continuously in the Commonwealth of Pennsylvania and in Cumberland County for at least 6 months prior to the commencement of this action. 5 There have been no prior actions of divorce or for annulment between the parties. 6 The marriage is irretrievably broken. WHEREFORE, the Plaintiff requests your Honorable Court to enter a decree divorcing her from the Defendant. By BROUJOS & GILROY, P.C. Hubert X. Gilroy, Es i Attorney for Plaintiff Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 717-243-4574 VERIFICATION I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. Kay C. Kim -?- 1J? n ? ?` . ?2 -`2 ? ? Q ? ?`-- ,=--? ,? KAY C. KEIM V. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2373 CIVIL TERM STEPHEN W. KEIM Defendant 1. Admitted. 2. Admitted. 3. Admitted 4. Admitted. 5. Admitted. CIVIL ACTION - LAW IN DIVORCE ANSWER 6. Denied. Stephen Keim earnestly desires to reconcile the parties' relationship and keep the subject marriage intact. Respectfully Submitted, LAW OFFICE OF DIRK BERRY, ESQ. Berry, Esquire Attorney for Plaintiff 44 S. Hanover Street Carlisle, PA 17013 (717) 243-4448 KAY C. KEIM Plaintiff V. STEPHEN W. KEIM Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2373 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Dirk E. Berry, Esquire, do hereby certify that on this day Defendant's Answer was served by first class mail, postage pre-paid, upon the following persons: Hubert X. Gilroy, Esquire Broujos & Gilroy 4 North Hanover Street Carlisle, PA 17013 Date: 5-- / J- 6 Drrk E. Berry, Esquire Attorney for Defendant 44 S. Hanover St. Carlisle, PA 17013 (717) 243-4448 C- P-a TI nl- s, -- t13 --7j ? T W IL 1 46 KAY C. KEIM, V. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 4:;- 64.-.2373 CIVIL ACTION - LAW STEPHEN W. KEIM, Defendant IN CUSTODY PLAINTIFF'S COMPLAINT FOR CUSTODY 1. Plaintiff, Kay C. Keim, is an adult individual currently residing at 426 Maclntosh Court, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant, Stephen W. Keim, is an adult individual currently residing at 2 Lynn Avenue, Newburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the children, Elainna T. Keim, Mitchel T. Keim, and Jared C. Keim, who were born August 4, 1993, July 21, 1994, and October 22, 1997, respectively. 4. The children were not born out of wedlock. 5. Since their birth, the children have resided with the following persons at the following addresses for the following periods of time: 2 Lynn Avenue, newburg, Cumberland County, Pennsylvania. 6. The relationship of the Plaintiff to the children is that of mother. She is married and living separately. The Plaintiff currently resides with the following: Name Relationship Elainna T. Kelm Daughter Mitchel T. Keim Son Jared C. Keim Son 7. The relationship of the Defendant to the children is that of father. He is marred and living separately. The Defendant currently resides with the following: Name Relationship Elainna T. Keim Daughter Mitchel T. Kelm Son Jared C. Keim Son 8. The parties have not participated in previous litigation concerning the custody of the children in this court or any court. 9. The Plaintiff has no information of a custody proceeding concerning the children pending in any other court. 10. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children. 11. The parties have executed a Custody Stipulation in which the parties shall enjoy shared legal and physical custody of the children. WHEREFORE, Plaintiff requests your Honorable Court to enter the Custody Stipulation of record and issue an Order reflecting said agreement of the parties. MARTSON LAW OFFICES By Hubert X. Wr , Esquire Jennifer L. Spe s, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: October 31, 2007 Attorneys for Plaintiff J • 't. VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. IJ L -Ti t 71Z o :. V V ?, tw? ?i tv ca M- -,F c? o KAY C. KEIM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 - 2373 CIVIL TERM STEPHEN W. KEIM, CIVIL ACTION -LAW Defendant : IN DIVORCE CUSTODY STIPULATION The parties to the above captioned action hereby agree to the following Custody Stipulation: 1. The father, Stephen W. Keim, and the mother, Kay C. Keim, shall enjoy shared legal custody of Elainna T. Keim, born August 4, 1993, Mitchel T. Keim, born July 21, 1994 and Jared C. Keim, born October 22, 1997. 2. The parties shall share physical custody of the three minor children on a week on/week off basis with the exchange of custody to be arranged between the parties and subject to the understanding that both parties will have equal time and equal overnights with the minor children. For purposes of this Custody Order and for purposes of any other matter the parties shall be deemed to be sharing equally physical custody of the minor children. 3. Both parties shall enjoy the Right of First Refusal with respect to providing care for the minor children when the other custodial parent is not available. The custodial parent shall notify the other parent first and offer them the opportunity to provide care for the children during that time frame. Under these circumstances, the non- custodial parent shall have no obligation to provide the care but shall be given the first opportunity to provide care. 4. The parties shall work with each other with respect to holidays and other similar events so that they continue a shared physical custody arrangement on those days or, subject to arrangements between the parties, they work out an alternating holiday schedule. f 5. In the event it is determined that the father shall have a support obligation to mother because of the fact that father earns more money than mother, father shall be entitled to claim all three children as dependants for federal income tax purposes and mother shall sign all necessary documentation to allow father to claim the children as dependants. In the event father does not pay support to mother for the children, the parties shall share the exemption claims for federal income tax purposes, with year one the father claiming two children and the mother one and the following year mother claiming two children and the father one. 6. In the event either party desires to modify this custody arrangement and the parties are unable to reach an agreement, that party may petition the Court to have the case scheduled for a hearing. 7. The parties agree that this stipulation may be incorporated as an Order of Court in conjunction with the attached Order. WITNESS: 'A/0 DAT KAY V. KEIM IgCa7 DATE S P EN W. KE?IMM L.' C J ? X1'1 a w .. Z5 ct ?? J t7 , NOV 1 6 2001 y'? KAY C. KEIM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 - 2373 CIVIL TERM STEPHEN W. KEIM, CIVIL ACTION -LAW Defendant IN DIVORCE COURT ORDER r AND NOW, this day of 007, upon consideration of the attached Stipulation, said Stipulation is hereby incorporated as a Court Order and the terms of the Stipulation shall be deemed to be an Order of Court. This Custody Order shall be effective as of the date the parties stop living in the same home. cc Iubert X. Gilroy, Esquire /16irk E. Berry, Esquire . I (\j Co ZL V <v 6 ? KAY C. KEIM Vs. STEPHEN W. KEIM : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA. : Docket No. 06-2373 Plaintiff Defendant MOTION FOR APPOINTMENT OF MASTER KAY C. KEIM (Plaintiff) MKSMZN moves the court respect to the following claims: Divorce () Annulment () Alimony (} Alimony Pendente Lite and in support of the motion states: Distribution of Property (} Support O Counsel Fees () Costs and Expenses to appoint a master with (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) MI =4 appeared in the action ( l j (by his attomey, Dirk Berry . Esquire). (3) The Staturory ground (s) for divorce (is) (aaoe): irretrievable breakdown - 3301(c) or 3301 (d) (4) Delete the inapplicable paragraph(s): a. The action is not contested. c. The action is contested with respect to the following claims: (5) (6) (7) Date: August -,_.2008 Print Attorney Name xttorrieypr (YlaintiYt) (? Jennifer L. Spears. Esquire ORDER APPOINTING MASTER AND NOW, -,20 ) is appointed master with respect to the following claims: By tl(e CoVrt: Esquire J. Property division The action ( (does not involve) complex issues of law or fact The hearing is expected to take 3 (hours) (0 C o ? cn 3,s co --4 cn AUG 1 < <UU8 M KAY C KEIM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. STEPHEN W. KEIM Docket No. 06-2373 Defendant MOTION FOR APPOINTMENT OF MASTER KAY Q. KEIM (Plaintiff) PK2WM0iW moves the court to appoint a master with respect to the following claims: (X) Divorce ( Distribution of Property () Annulment () Support O Alimony O Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) (Wl4 appeared in the action @&sW9JPyj (by his attorney, Dirk Berry , Esquire). (3) The Staturory ground (s) for divorce (is) (aa irretrievable breakdown - 3301(c) or 3301 (d) (4) Delete the inapplicable paragraph(s): a. The action is not contested. K??tX &Uxx c. The action is contested with respect to the following claims: Propertv division (5) The action (&mv*w* (does not involve) complex issues of law or fact (6) The hearing is expected to take 3 (hours) (UW)x (7) tmakxxx? i%xxxx4$xxAx xxxx ?5# xxx316xxxxWxxxYA71ffm Date: August 8, 2008 AttoleyXor (Plaintiff) (I$dwko Print Attorney Name ......... Jennifer L. Spears, Esquire uKUEx AYYUIN'1'1 AND NOW, 200. A is appointed master h respect to the following claims: Esquire By tl(e a n, N n CIO 9 m c :33 cn co F:\FILES\Clients\12305 Keim\12305.1.petitionclaims Created: 9/20/04 0:06PM Revised: 9/22/08 1:02PM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KAY C. KEIM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 - 2373 CIVIL TERM STEPHEN W. KEIM, CIVIL ACTION - LAW Defendant IN DIVORCE PETITION RAISING ECONOMIC CLAIMS AND NOW, comes the Plaintiff, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Petition: 1. Plaintiff and Defendant are the joint owners as tenants by the entireties of certain real estate which is subject to equitable distribution by this Court. 2. Plaintiff and Defendant are the owners of various items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this Court. 3. Plaintiff and Defendant are the owners of various motor vehicles and bank accounts acquired during their marriage which are subject to equitable distribution by this Court. Or, 16 • WHEREFORE, Plaintiff requests the Court to enter a Decree: a. dissolving the marriage between Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; and c. such further relief as the Court may determine equitable and just. MARTSON LAW OFFICES By Jenni er Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: n 0 VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Kay Keim RECEIVED SEP 1' 2008 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Dirk E. Berry, Esquire 44 S. Hanover Street Carlisle, PA 17013 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 22, 2008 MARTSON LAW OFFICES to N r y? N -W? F:\FILES\Clients\12305 Kean\12305..vacate Created: 9/20/04 0:06PM Revised: 10/9/08 1:17PM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KAY C. KEIM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 - 2373 CIVIL TERM STEPHEN W. KEIM, CIVIL ACTION - LAW Defendant IN DIVORCE PETITION TO VACATE APPOINTMENT OF DIVORCE MASTER 1. Plaintiff filed a Motion to Appoint the Divorce Master on August 11, 2008. 2. The Divorce Master was appointed on August 12, 2008, by the Honorable Edgar B. Bayley. 3. The parties have reached an agreement on the outstanding issues and Plaintiffs counsel is preparing a Marital Settlement Agreement. 4. Plaintiff requests that the appointment of the Divorce Master be vacated. 5. Defendant's attorney concurs in this Petition. 6. The Honorable Edgar B. Bayley has issued an Order in this case. WHEREFORE, Plaintiffprays this Honorable Court to vacate the appointment ofthe Divorce Master in this action. MARTSON LAW OFFICES n? BY -L Jennifer ears, Esquire 10 East i Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: October 9, 2008 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Dirk E. Berry, Esquire 44 S. Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES By 0-74 ri is D. Eckenroad n East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 9, 2008 f-_ r ? r, C `cr T emu„ t-l ocr 1 0 2ooe6? KAY C. KEIM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 - 2373 CIVIL TERM STEPHEN W. KEIM, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER AND NOW, this day of October, 2008, in consideration of Plaintiff s Petition to Vacate Appointment of Divorce Master, it is hereby ordered and directed that the appointment of the Divorce Master be vacated. BY THE G45[JRT BYy Edgar B. Bayley, J. cc: /T-, ifer L. Spears, Esquire - attorney for Plaintiff E. Berry, Esquire - attorney for Defendant c a c° Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KAY C. KEIM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 - 2373 CIVIL TERM STEPHEN W. KEIM, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on April 26, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: /J W- - ? Kay C. K ' , Plaintiff -' .G 3 0?'T Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KAY C. KEIM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 - 2373 CIVIL TERM STEPHEN W. KEIM, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(0 AND § 3301(d) 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 waiver 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: /31kk -,(/" -? Kay C. K ' , Plaintiff Qn n r iJD Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KAY C. KEIM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 - 2373 CIVIL TERM STEPHEN W. KEIM, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(clr AND § 3301(d) 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. 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 waiver 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: t o??y o g U, C? Stephen W. Keim, Defendant © ?5lCL{ d5l CL, Q ? C-4 F:\FM\Clients\12305 Kan\12305.1mmon Reviscd: 10/9/08 2:43PM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KAY C. KEIM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 - 2373 CIVIL TERM STEPHEN W. KEIM, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT QF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on April 26, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: N ( ig o i P' Stephen W. Keim, Defendant ? ? °? "». ? ?t?-' fi ,, ? ? .? rnr ? r °` ? - 6 C9 ? .i ? : :.''?; S%° ?. - =, > r='c ?"'S ? `J a G? -?. tL` I. FILLS Chem 1_'305 Kenn Q-305.1msa Crrat vi: 1) 20 04 0 06PM Rnued 10 0, 08 ') 13AM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KAY C. KEIM, Plaintiff V. STEPHEN W. KEIM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2373 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT f THIS MARITAL SETTLEMENT AGREEMENT, made this day of , 2008, by and between STEPHEN W. KEIM, 2 Lynn Avenue, Newburg, frtrhdirr County, Pennsylvania (hereinafter re ed to "Husband") and KAY C. KEIM, of 426 McIntosh Court, Shippensburg, end County, Pennsylvania (hereinafter referred to as "Wife'): WITNESSETH: WHEREAS, the parties were married on July 25, 1992, in Jersey Shore, Pennsylvania; WHEREAS, three children' Elainna T. Keim, bo Au 4,1993; Mitchel T. Keim, born of,t. Z2 1197 ,*N.` July 21, 1994; and Jared C. Keim, born 3 1,- 994; have been born of the marriage of the parties; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and 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 by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to cant' out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania on April 26, 2006, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Jennifer L. Spears, Esquire, counsel for Wife and Dirk Berry, Esquire, counsel for Husband. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF REAL PROPERTY: Husband is the owner of the marital residence at 2 Lynn Avenue, Newburg, Frm4dirt County, Pennsy vania. Wife waives any and all interest in, right and title to said property. Husband has been and will remain the sole owner of the property and shall remain solely responsible for any and all mortgage payments, taxes, utilities, insurance premiums, or other liabilities relating to said property. In exchange for her waiver, Husband has already paid Wife half the agreed-upon equity in the marital residence, or $51,000, and Wife acknowledges receipt of said funds. 13. BANK ACCOUNTS, CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 14. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. Specifically, Husband has a 2006 Dodge Caravan and Wife has a 2008 Honda Accord. The parties agree to execute any necessary documents to transfer title to their respective vehicles within 10 days of this Agreement. 15. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 01 2008. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify' and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 18. WAIVER OF ALIMONY: Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 19. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: Wife will retain her PSERS to which Husband will waive any and all rights. Husband will retain his FERS and Thrift Savings Plan to which Wife will waive any and all rights, except that Husband shall transfer to Wife the sum of $20,000.00 from his Thrift Savings Plan via a roll over within 30 days of the date of this Agreement. The parties agree to effectuate the transfer by signing and filing a Court Order Acceptable for Processing, which shall then immediately be forwarded to the appropriate processor of the Thrift Savings Plan. 20. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. In addition to any other liabilities provided for herein, Husband shall be solely responsible for the Bank of America credit card and will indemnify and hold Wife harmless for the balance of the credit card. Further, Husband shall ensure that Wife's name, if associated with the card, is removed from liability or ownership on the credit card within 10 days of this Agreement. 21. HEALTH INSURANCE: Each party is responsible for their own health insurance and uninsured medical expenses. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 23. BREACH: If either party breaches any provision of this Agreement, 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, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present and 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, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and 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 such interests, rights and claims. 25. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 31. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. r2TNESS WITNESS C - (SEAL) Kay C. KAni, Plain z jib. - lJ, e.-? (SEAL) Stephen W. Keim, Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS On this, _1"?}' day of 2008 before me a Notary Public, personally appeared STEPHEN W. KEIM, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA Notariai Seal Shamon L Freeman, Notary pubAc CNISle Soro, Cumberland Cox* My Commission E)#Ms Apd 7, 2009 COMMONWEALTH OF PENNSYLVANIA Member, Pennsylvania As of Notarbs SS COUNTY OF Cumberland On this, the JJday of &v*J4-t.J , 2008, before me, a Notary Public, personally appeared KAY C. KEIM, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. . ?L) A, No ublic COMMONWEALTH OF PENNSYLVANIA NotaMary M. PricPublic d Courtly CwWe eoro, C7i04., My Corr ftsion Eg. 18, 2011 Member, Pennsylvanation of Notaries f`? ? ? ..:? ? "ra .c 1 .F- ? ? ^? t? ? 7 ? ? . 7 t •R F:\FILEMCtians\12305 Kam\1230S.Lacceptarceofsevice Created: 920/04 0:06PM Revisal: I1/4/08 3:31PM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KAY C. KEIM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 - 2373 CIVIL TERM STEPHEN W. KEIM, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant Stephen W. Keim at 2 Lynn Avenue, Newburg, PA 17240 by restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Steve Keim" and dated May 2, 2006. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shelly Brooks, Notary Public CarNt ie Boro, Cumberland Courity My Comrnbelon Expires Aug. 5, 2009 Member, Pennsylvania Association of Notaries Sworn to and subscribed before me this 4' day of November, 2008. ¦ QvVilb haft 1, A and & Ah rmn 4 R ResI loin Ddvory Is d ¦ Pft your fwtre &W e- ' ' m am « so d w we tin to= ttte cord t ¦ Attach this cod to the back of 1 or on d» tnxtt'N epn a pawft. F,yAddressed SteKetn nn 1lvenue Newburg,PA 1714( reined. ? Agantt On rr am x ? Ad*s ) you. e. f m*4ad by (ANIeK1 Ammo c Do% of KCB t r?s ?` o D. Is ddrsry address dgsi flM Item 1? Yss If YES, enter d*.my addnes blow: O No raoleNuper Certified No rmnerflrll>relvfosArlM? - WbWWW OE?p?eee K* [] Reoleis m ¦i"IMM fieosif?ttar ? WMAW Md O C.O.D. 4. PmOlMd Ddwry't Pft I*o 70114 1350 0 1103 7143 6723 Form 3811. Fshuary 2oo4 Dsausllo F#04M Nsodpt r C3 %-_ TOO v s_ 1 Yr ? 1- C:i F:\MML CIieNS\12305 Keim\12305.1.pm Created: 9/20/04 0:06PM Revised: 1114/08 3:28PM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff KAY C. KEIM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 - 2373 CIVIL TERM STEPHEN W. KEIM, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Via certified mail, restricted delivery, return receipt requested on May 2, 2006. 3. Date of execution of the Plaintiffs affidavit of consent required by Section 3301 (c) of the Divorce Code; November 3, 2008; by the Defendant; October 14, 2008. 4. Related claims pending: All claims have been resolved by a Marital Settlement Agreement dated November 3, 2008. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: November 4, 2008. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: November 4, 2008. Date: November 4, 2008 MARTSO LAW OFFICES By ? ILKay? J pears, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff C cis a -ti -0 L7 -am s i` J „3/ ? r rw? lrJ 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KAY C. KEIM Plaintiff VERSUS STEPHEN W. KEIM. Defendant No. 06-2373 DECREE IN DIVORCE AND NOW, ?`??y?.YV1b?.? Q , It* , IT IS ORDERED AND DECREED THAT KAY C. KEIM , PLAINTIFF, AND STEPHEN W. KEIM , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; A Marital Settlement Agreement dated November 3, 2008, is incorporated n thin Taman BY THE COURT: ???