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HomeMy WebLinkAbout94-00483 , , ., , I ,I 'I i' , )' " I,; I ,;1 , ,I , ' " " ,:":i:: ',\y"t I' ,1}'l1 '- ',,'\;" " , ' 'I. :H't ,;,i\ ,I,!l ,\I::~ i\ \ \, " '" , 'I , i" ,II) Pi , 'I 'j .,' , " , ) 1"',\ II!:II I ',J I _i~'tj 'j II~' I ;1,1 ' l' ,,!/' 'II /t II ,:1. ,,\~ n' 'i" g ," " , , ' , 'I , I " ) I, 1 , 'I ., " 'I " " ,,' II ! 'I " " II 'I " " " F'I , " ., "',\ I" ~ 't~ '1'\ ,~ I'~' 'i. o! ,\ I!'~' ''''1 '-'! ,I~ I ,"i\1r ( '1,1 ,'"i. IV {'It:,/ , 'I 1 " 'I " '-,j "I i I I' ," " II " "i 1,'1 " ", i' , ' 'I' .ill 1\ " , .j' , , 11.1)'1 I i I 'I ;1, " " I 1'1, '\' 1 'i' , , ! , " " " I' 'I " 'iI , " " , i ""1 ., i,lt ,I 'i' I,: r-~ - - .."'-'" ."'.-"" .'" "".!" .'!'. !".:.. .. .:!"..!". "'.'" · ","-"-"".,,,- .. .,. ....~ : IN THE COURT OF COMMON PLEAS . . OF CUMBERLAND COUNTY ! . . . . . ;.. STATE OF I PENNA. , -, 'L . . ~" 'r . . . . . I.ORRI I" KEEFE, II . . I N I), ~.~.,:,:4~.L""" '"'',''''''''''' tIJ ' . ?laintiff" . . V . ,11I'HUH , . CHARLES W. Kt'EFF., JR., . . DefElndant _ : ! : DECREE IN . DIVORCE . . . : AND NOW, ",;r ~,~" It ~" """"'" 19 .~4..,. It I, ordered and . , " . decreed that ,'," ~~~~I, L: ,~~, , , , , , . , , , , . , , , , , , " , , , , , , , , , '. plaintiff, . ~ and, , , ."" , " " ,~~,s, y.:,,,~~ry~,,,J,~' .. , " " , , ,"" , , , , , '" defendant, ~ . are divorced from the bonds of matrimony. II . ' . The court retains (urlsdlctlon of the following claims which have I b..n ,al..d at ,.,a,d In .hl. a"'an fa, wh"h a tlnal a,d., ha. nat y.t : . be.n entered; . . ~,~i,t,~l, ,~,t,t.l,~,nt .~~e.e.~~t, ,dllt.~ .'rw:e.~7" ,19,~~', ,~i~~ ,~~ ,~e~~~ ,~I! ,~~r;~by . . incorporated by reference . ~ .."",,,,,,.,,..,,.....,,,,,,..,,..,,,,,,,,..,,,,,,,,,, * , 1* . lly The &ILti!j Ok, I, , \. · Atlu"d' - () J, II ~~.,., ,_ K' r~k ~ ./ ~~ Prothonotary !; . "'-" -. .. - " ..- ,-- . . . '" .' '.. . ,iii ....................... .. ,'I ' , , " I, I 1. . , , ,,' " I, " I I " 11 ~ /11~ 7/1 /Y~ LORRI L, KEEFE, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA , , : CIVIL ACTION - LAW , , : NO. 94.483 CIVIL TERM : IN DIVORCE CHARLES W. KEEFE, JR" Defendant MARITAL SETTLEMENT AGREEMEISI AGREEMENT, made this 17th day of _ .::.rl.m~ _-' 1994, bl'ltweeD LORRI L, KEEFE (hereinafter called "Wife") and CHARLES W. KEEFE. JR. (hereinafter called "Husband"), WITNESSETH: The parties hereto are Wife and Husband, having bel1n married on June 4, 1983, In Leominster, Massachusetts, There was one child born of this marriage: Charles w,Ji-, It, K, tlol:+-Keefe. born July S, 1984; and Wife's child, Angela M, Keefe, born December 1, 1978, was adopted to this marriage, Diverse unhappy differences, disputes and difficulties have arisen between tbe parties and It Is the Intention of Wife and Husband to live separate and apart for the rest of tbelr natural lives, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other, Including without limitation: (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future spousal support and/or maintenance of Wife by HUHband and of Husband by Wife; and (3) in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, Any and all parental rights ond responsibilities of the parties relative to J! LI, their aforesaid two minor children have been resolved and sholl be adjudicated by .:7)") final judB/llOnt order based upon the parties' stipulstion, dllted June I, 1994, and filed or to be filed forthwith in the civil child custody proceedings entitled rq.' ,/e I Charles r. Keefe v. Lorri Keefe, under Docket No. FS-S-93 OsDmM before the Orleans 0ltC7 ,I 'ami Y ourt, a court Bving competent jurisdiction relative to such child cU8tody IMtter. t: . NOW THEREFORE, In conalderatlon of the premlael and of the mulual promllel, covenant. and undertaklnal hereinafter aet forlh and for olher lood and valuable conllderatlon, receipt of which is hereby acknowledaed by each of the partie. hereto, Wife and HUlband, each Intendina 10 be leaally bound hereby, covenant and aaree al followa: 1, ADVICE OF COUNSEL The provisions of this Aareemenl and their leaal effect have been fully explained to the parliel by Ihelr respeclive counsel, Taylor p, Andrews, Esquire, of Carll.le, Pennsylvania, for Wife, and Richard T, Frallco, Esquire, of Newport, Vermont, fQr Husband, Each party acknowledatl that she or he has received Independent leaal advice from counsel of her or his selection and Ihat each fully understands the facts and has been fully Informed as 10 her or his legal riahts and obligations and esch party acknowledges and accepts that Ihis Aareement is, in the circumstances, fair and equitable and Ihat It is being enlered Inlo freely and voluntarily, afler having received such advice and with such knowledge and that execution of this Agreement II not the result of any duress or undue influence and that it is nol the result of any collusion or Improper or megal agreement or agreements, 1 2, PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. , Each shall be free from all control, restraint, interference or authority, direct or Indirect, by the olher in all respects as fully 81 If she or he were unmarried. Each may relide at such place or places as she or he may select. Each may, for her or his separate use or benefil, conducl, carry on and engage in any business, occupation, profession or employment which to her or him may seem advisable, This provision shall not be laken, I~ 2 I , K 1 Husband acknowledges that Richard T. Franco, Esquire, i8 !l2llicensed al an I . attorney in Pennsylvania, that he haa the right to seek thlll edvice, counsel and I ~ /''-)11</ representation of an attorney licensed in Pennsylvania i however, Husband hereby ! 'f>lj I voluntarily waives that right. . however, to be I\n ltdmission Oil the part of either Wife or HUlband of the Jawfulnell ot the CIlUlel which led to, or resulted in, the continulltlon of their living apart. Wife and HUlband Ihall not molest, hamls, disturb or mllllgn each other or the respective famillcl I of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or III any manner whatsoever with her or him. 3, PERSONAL PROPERTY Except as otherwise provided herein, the parties acknowledge that they have heretofore divided between them, at the time of their separation, all their perlonal property to their mutual satisfaction, except as otherwise stated, Henceforth, each of them shall own, have and enjoy independently of any claim or risht of the other all Items of personal property of every kind, now and hereafter owned, or held by him or her, with full power to dispose of sallie as fully and effectively ill all relpec" and for all purposes as if he or she were unmarried. The property to be transferred Is as follows: TO WIFE: All of the precious sliver metal (at least 100 Troy Ounces) acquired by the parties during their llIarriage, 1989 Ford Taurull Station Wagon One-half of the/arties' furniture, furnllhlnss, and perlonal effee.. presently locate In the possession or control of Husband or p'resently situated upon or within the Jointly-owned real estate of the parties in Newport, Vermont, witllsuch property to be divided based upon current fair market value so that equal value shall be received by each p'arty free and clear of all Interest of the other party, Wife shall have the right to elect at her optioll that all or any designated portion of her share be awarded to Husband on the condition that Husband pay the agreed fair market value therefor, TO HUSBAND: 1. Indlvldul\J Retirement Account reslstered In Husband's name, 1. 2, 3, 3 2, One-half of the parties' furniture, furnishlnBI, Ilnd penonal effecta presently in the pOllluslon or control of HUlband or pruently lituated upon or within the jointly-owned real estate of the partlCll in Newpmt, Vermont, with such property to be divided baaed upon current fair market value 10 that equal value shall be received I)y each party f.'ee allll clear of all Interelt of the other party. 4. REAL PROPERTY Wife. hereby agrees to convey, transfer and grant to HUlband her right, title and intereltin the reRI estRte situRted and located Rt PlenlRnt Street Extenlion in the City of Newport, County of Orleans, and State of Vermont known al the Bayview Motel. From the date of this Agreement, Husband shall assume as his lole obligation any and all mortlale payments, taxes, clRlml, dRmages or other expenselincurred in connection with laid premises, whether such obligRtions were Incurred before or Mter the date of this ABreement, and Husband agrees and covenants to hold Wife harmleu from any such liability or obligation 01' cost related thereto Including the RII costs Incurred by Wife in defending claims hereby assumed by Husband, Wife's trRnsfer of real estate referenced herein shall be by quit-claim deed prepared by Husband's attorney, which deed shall be executed by Wife and delivered to HusbRnd's attorney for delivery to Husband Rt such time that Husband delivers to his attorney. serving as escrow agent, a certified or cRshier's bank check made payable to Wife in the SUIII of Twenty Thousand Dollars ($20,000.00), which Husband agrees to pay to Wife liS part of the equitable distribution of marital property accomplished by this Agreement. Husband hereby agrees that he shall satisfy all debts and oblllatlons In Wife's name related to the real estate being trAnsferred at such time 8S the deed Is transferred, Wife explicitly restricts her authority to HusbAnd's attorney to deliver the executed deed 4 to Husband unly If Husband chmrs and satisfies all exlstlna oblllatlons on the real estat~ In Wife's name, 5, SPOUSAL SUPPORT AND ALIMONY Husband and Wife du hereby wolve, release and live up any rllhta they may respectively have alaln!t the other for alimony, spousal support or maintenance. It shall be, from the date of this Agreement, the sole responsibility of eoch of the respective parties to sustain themselves without seeking any spousal support from the other party. 6, LIABILITIES Wife and Husband each covenant, warrant ilnd represent and agree that each will now and at all times hereafter save harmless and keep the other Indemnified from all debts, charges and liablUtles Incurred by the other prior to or after the effective date of this Alreemelit, except as may be otherwise provided by the term! of this Alreement. Husband hereby agrees to assume responsibility for payment of the exlstlna VISA credit card balance and he shall now and at all times hereafter save harmle81 and keep Wife indemnified from alllos5 related thereto, 7. LEGAL FEES Each party shall pay their own counsel's fees. Husband shall pay for deed preparation expenses and all expense! related to the satisfaction, dischal'ge, or release of Wife on exlstilll obligations on Ihe mArital real estate, ~ 8, DIVORCE The parties acknowledae that a no-fault divorce action has been commenced at the above-captioned term and number in the Court of Common Pleall of' Cumberland County, Pennsylvania, Husband hereby submilll to the jurisdiction of the Cumberland COl.lnty Court with the understandina that such jurisdiction will enable the Cumberland County Court to incorporate the terms of this agreement distributing marital property all part of this divorce and that such terms shall be enforceable by lhe Court of Common Pleall of Cumberland County, Husband and Wife each agree to execute an Affidavit of Consent simultaneous with the execution of this agreement and that the Affidavits of Consent will be tranllmllled promptly to Wife's attorney for filing with the Court of Common Pleas of Cumberland County, 9, ENFORCEMENT If either party defaults in the due performance of any of the terms, condltionll and covenants of this agreement on his or her part to be performed, the non-defauJtina party shall have the right to sue for specific performance n damaaes for the breach of this agreement, and the defaulting party shall PIlY the reasonable legal fees for any services rendered by the non-defaulting party's allorney in any action or proceeding to compel the defaulting party's due performance hereunder as well as cOIIIII for brlnglna the action or prO(eeding. 10, MlJTlJAL ({ELEASE Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estale of such other, for all time to come, and for 6 all purpo~es whatloever, of and frQm any and all rillhtl, titles and intereltl, l)r claims in or allainlt the prl)perty (includinll hlCl)me and lain frl)m Property hereafter accruing) l)f the l)ther or allalnat the eatate of auch l)the.r, of whatllver nature and wherelQever lituate, which ahe or he now hoa or at any time hereafter may have allainst the other, the eatate of auch other or any part thereof, whether arising out of any fonner aCIl, contracta, engallementa or liabilltiea of such other or by way of dower or curtelY, or clalma in the nature of dower or curtesy or widow's or widower's righta, family exemption or similar allowance, or under the intestate lawl, or the rlllht to take agalnlt the spouse's will: or the rillht to treat 0 lifetime conveyance by the other aa testamentary, or all other rillhts of a aurviving apouae to participate In a decealed apouse'a estate, whether arisinll under the laws of (a) Pennsylvania or Vermont, (b) any othet State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either may have or at any time hereafter have for past, preaent or future spousal support or maintenance, alimony, alimony pendente lite, counsel fees, costa or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whataoever nature arlaing or which may arise under this Agreement or for the breach of any thereof. It ia the Intention of Wife and Husband to give to 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 nil rinbts and agreementa and oblillations of whatsoever nature arislnll or which may arise under this Agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herllin above. 7 11. OHlER DOCUMENTATION Wife and HUlband covenllnt and agree that they will forthwith (and within at leBlt .even (7) dOYI after demand therefor) elIecute any aud all written Inatrumenta, alllanmenta, rcleoles, lotisfactions, deeds, notel or lueh other wrltlna. as may be necessary or de.irable for the proper effectuation of thl.. Agreement, and aa their re.pective counsel shall mutually aaree Ihould be so executed in order to carry out fully and effectually the terms of this Agreement. 12. SUCCESSORS' RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be blndinlllpon and Inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 13. ENTIRE AGREEMENT Wife and Husband do hereby covenant a'ld warrant that this Agreement contain. all of the representations, promises and agreements made by either of them to the otber for the purposes set forth In the preamble herelnabovc; that there are no claims, promises or representations not herein contained, either oral or written. which shall or may be charged or enforced or enforceable unless reduced to writing and algned by botb of the partiea hereto, and the waiver of any term, condition, clallse or provision of this Agreement shall In no way be deemed to be considered 1\ waiver of any other term, condition, clallse or provision of this Agreement. 8 14. 81NDlNG Ef'I1ECT OF AGREEMENT Thl. Alreement shall remain In full force and effect unle.s and until terminated purauantto the terms of this Agreement. The failurc of either party to In.i,at upon .trict performance of any of the provisions of this Agreement shall not be con.trued a. a waiver of any sublequent default of the same or similar nature. 15. SEPARABILITY If any term, condition, clause or provision of this Alreement .hall be determined or declared to be void or Invalid in law, or otherwise, then only that term, condition, clau.e or provision shall be stricken from this Agreement and In all other respecta thl. Agreement shall be valid and continue In full force, effect and operation. likewise, the falh.re of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall In no way avoid or alter the remaining obligations of the parties. 16. HEADINGS Any headings preceding the text of the several paragraphs and subparagraphs hereof are Inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shalllhey affect its meanings. construction or effect. 17. EFFECTIVE DATE The effeetlve date of this Agreement shall be the date uJlon wblch It I. execllted. 9 . 18. CONTROLLING LAW This Alreement shall be construed In accordancll with the laws of the Commonwealth of Pennsylvania. IN WITNESS WflEREOF, the parties hereto have set their hands and leall the day and year first above written. 'fbll A.reement Is executed In duplicate, and In counterparts, and Wife and Husband, arties hereto, acknowledge the receipt of a duly executed copy hereof. ) ~lJ~~ ".~. _, nfL. Keefe ~r;;41~ !tnns I I , " I, ,I " " " , , " , , , " ", , , , Ii ," , ,'I' , , 1 " , , \, , , , , , , ;\ " j.1 'II " , to LORRI L. KliBlFJ.l) / IN 'rHE COURT Of' COMMON PLl!:AS or Plaintiff CUMBERI,AND COUNTY / PENNSYLVANIA v. CIVIL ACTION - LAW cHARLIS W. KIllIllFE, JR. / NO. LJ ~3 CIVIL 1994 Defendant IN DIVORCE OOMP~IIT UIDIR .IOTIOI 3301(0) 2L.lB.l QJVOl'CI CODI 1. Plaintiff is Lord L, Keefe, who reo ides at 1126 Rockledg8 Drive, Carlisle, Cumberland County, Pennsylvania, :l. Defendant is Charles w. Keefe, Jr., who resides at 93 Pleasant Street/ Ext., Newport, Vermont 05655, 3. Plaintiff has resided in the Commonwealth for at least six months immediately previous to the commencement of this action. 4. Plaintiff and Defendant were married on June 4/ 1983, in Leominster, Massachusetts. S. There have been no prior actions for divorce Ot' annulment botween the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken, 7, PlaintHf avers that she has besn advised of the availability of counseling, and that Ahe may have the right to request that the Court require the partiss to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. . . I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made lubject to the penalties of 18 Pa,C.S. 14904, relating to unaworn falsification to authorities. Datel ~ -.1 (/ <I ~}t1..,.~ . 5\orri L, /;) fi ' ..J it I Keefe p~ntiU ANDREWS , JOHNSON , An rewa, Blsq, 8 West Pomfret Street Carlisle, PA 17013 (717) 243-0123 ;:1 )' ,'I' d ,il ''I I I I " I ., I .1 II1I 'I I , 'I I, .,' 1,1 I I 'I I II , , I I I , ,I I, , I " , " ,I , I I I '1 . i. . ' LORRI L, KlEln'lE, Plaintiff IN TilE COURT OF COMMON PLIEAS or CUMBIERI,AND COUNTY, PIENNBYLVANIA CIVIL ACTION - LAW v. CIIARLrES W, ~IEIEFIE, JR., Defendant NO, IN DIVORCE CIVIL 1994 A"I QA'lU Lorri L. ~eefe, being duly sworn according to law, depose. and saysl 1. I have been advised of the availftbility of marriage oounseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2, I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court requirs that my spouse and I participate in counseling prior to a divorce d~cree being handed down by the Court, I understand that false statements herein are made subject to the penalties of 18 Pa, C,S. 54904 relating to unsworn falsification to authorities. l ')i /~ JJj, "- . . - . t,) I~." _ fLorrI L, ~ee4, f aIntiff I' , I ~) OJ .. -,.,; .. ""'i:l ' , -,; , ~ ',"~' ,'Zi "" ,," ., .'f'l Q ,-., .:' ~ \~ , " ,-< "Jl -."" - '" ,If! ~" ," ,. :i .,'.\ .J :J , '\ ~. " '-~\. .~ In - . .::./. ,~ U ~ :...J .i'"' ' '-.> 1lQ, \' . , , , , ' i ,:\' I,I . , 'I' .,t , Ii ., ,I ., ' . 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