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HomeMy WebLinkAbout07-0198 LYNN M. KEEFER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07. 19? Cwa J Trr, TORY N. KEEFER, Defendant IN DIVORCE NOTICE TO DEFEND 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINQS?AY SAIDIS, FLOWER & LINDSAY AITURNEtb•AT•[Aw 26 West High Street Carlisle, PA Cat6l J. Lindsa E i Attorney Id. 44 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff & -or LYNN M. KEEFER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. (2 .9 - 4 TORY N. KEEFER, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Lynn M. Keefer, an adult individual residing at 54 White Oak Boulevard, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Tory N. Keefer, an adult individual residing at 1928 State Street, Harrisburg, Dauphin County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 31, 1994 in Sandy, SAIDIS, FLONWR & LINDSAY ATIOM%M AT uw 26 West High Street Carlisle, PA Utah. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that he/she has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. ,t r WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, quire Attorney Id. 4L4 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: Counsel for Plaintiff SAIDIS, RR & LINDSAY ?nowvetsnruw 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. ?k . ke? Ly M. Keefer Date: FLOWER ? LENDS" ATrDFNM. 26 West High Street Carlisle, PA n r-a (? ? i? ; 1 ?"i1M f ?y? W ? Q 1 W .nJ c LYNN M. KEEFER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-198 CIVIL TERM TORY N. KEEFER, Defendant : IN DIVORCE AFFIDAVIT I, Robert W. Lindsay, Constable, an adult individual not a party to the above-referenced action, being duly sworn according to law, hereby deposes and says that on 2007, at /2.; AM/fit, ! served a Divorce Complaint, by hand delivering the document to Tory N. Keefer at A64,2,15 ?. , _4/lEZRQ)e Pennsylvania. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to Rdb6rt W Lin say, Consta P.O. Box 224/ Shippensburg, PA 17257 y , 200 Z SAMIS, . ' A2 FLOWER & LINDSAY A77oom.AT LAW 26 West High Street Carlisle, PA MERLENE ,t. MARHE SEAL VKKA,, NOTARY PUBLIC CARLISLE, CUMBERLAND COUNTY, PA MY COMMISSION EXPIRES JUNE 8, 2010 Dated: Sworn t and subscr' ed before me this da of c-?' ?? ? ?`?! ,1r ? '? 1 . i' 1 C,? ,: ? •.? rte' ,, r? ` ' ? . ; i , .as ? ?. ? £_ ? ? ?? ! ? ?. ... ,ww?°4 ,r _ .. ,k.. .. LYNN M. KEEFER, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. } CIVIL ACTION - LAW TORY N. KEEFER, ) NO. 07-198 CIVIL TERM Defendant ) IN DIVORCE PETITION FOR EMERGENCY RELIEF AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and petitions the court for emergency relief in this matter, based upon the following: 1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. Plaintiff commenced this action in January of 2007. At that time, in her pleadings, Plaintiff made no demand or proposal for economic relief. 3. Among the marital assets owned by the parties are the following tracts of real estate: A. The family residence at 54 White Oak Boulevard in Silver Spring Township, which is currently occupied by the Plaintiff. The property has a value of approximately $240,000.00 and is subject to a mortgage with a balance of approximately $213,000.00. B. A four-unit rental property at 1928 State Street in Harrisburg, Pennsylvania, which is titled in Defendant's name alone. Defendant believes the property has a fair market value of approximately $120,000.00 and is subject to a mortgage with a balance of approximately $75,000.00. C. A one unit rental residence at 1937 North Street in Harrisburg, Pennsylvania, which is also titled in Defendant's name alone. Defendant believes the property has a value of approximately $30,000.00 and is subject to a mortgage for $20,000.00. D. A rental real estate at 1907 and 1909 north Street in Harrisburg, Pennsylvania, which is titled in Defendant's name alone. The property has been extensively damaged by its last tenants and Defendant believes it has a value of approximately $45,000.00. It is subject to a mortgage on which the balance is $43,000.00. 4. In addition to the above real estate, the parties own various retirement and other tax-deferred assets. Defendant estimates that the total value of those assets held by him is approximately $8,000.00 and that the total value of similar assets held by Plaintiff is at least $25,000.00. 5. Shortly after Plaintiff commenced this action, she requested Plaintiff sell the three rental properties which he owns in his name alone in the city of Harrisburg. Eventually, in response to that request, Defendant listed for sale the properties at 1907 and 1909 North Street in the city of Harrisburg. 6. Defendant has succeeded in obtaining a contract for the sale of the properties at 1907 and 1909 North Street for a sale price of $47,000.00. The purchasers have been approved for the financing necessary to fund the sale of the property and Defendant has arranged with the parties that hold his mortgage against the property to release the property and subordinate any unpaid balance of the debt secured by that mortgage against other real estate owned by Defendant in his name alone. 7. Plaintiff has refused to cooperate in the sale of the property and has, entered a lis pendens against the property to prevent Defendant's sale of it. Plaintiff has told Defendant that she will not agree to sell the property for less than $60,000.00 because that is what she believes it is worth. 8. Defendant believes the subject properties are worth no more than $47,000.00. He further believes that the sale of the properties for that prices is fo great advantage to him, and in fact to both parties, for the following reasons: A. The properties were extensively damaged by the last tenants and require substantial improvements before they can be successfully rented again; and B. The properties are currently vacant and do not generate the funds needed to pay the monthly mortgage payment, the real estate taxes, the fire and other insurance on the property, and the utilities necessary to maintain the property; and II C. Defendant believes that the property, as it now stands, is likely to be declared defective by the City of Harrisburg and that Defendant will be ordered to make repairs he cannot afford to comply with the ordinances of the City of Harrisburg; and D. Defendant does not have the funds to maintain or repair the property and believes its sale is the most practical solution to the problem it presents. 9. There are sufficient other marital assets in the case to protect Plaintiff from any injury she may suffer if it later is determined that the property at 1907 and 1909 North Street in Harrisburg was sold for less than its fair market value. 10. Defendant must close on the sale of the property by 24 August 2007 or the current contract will expire. Defendant believes, that if that occurs, he will not be successful in marketing the property and it will be lost at foreclosure or he will be subject to significant civil penalties imposed by the City of Harrisburg. 11. To Defendant's knowledge, no Judge has been involved in any aspect of this case up to this time. 12. Plaintiff, through her attorney, has made it clear that she resists the relief requested in this Petition so Defendant believes she does not concur in his request for relief. WHEREFORE, Defendant prays this court to authorize, order, and direct the sale of the property owned by Defendant at 1907 and 1909 North Street in the City of Harrisburg in accordance with the terms of the agreement of sale which he has negotiated and, to the extent necessary, to require the Plaintiff to join in such conveyance free of the lis pendens she previously filed. Sam el L. And Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 0/-?) o-1 ?Z_ TO K EFER ..J Tex. _"i LYNN M. KEEFER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-0198 CIVIL V. : TORY N. KEEFER, DEFENDANT IN DIVORCE IN RE: DEFENDANT'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 20th day of August, 2007, upon consideration of the Petition for Emergency Relief filed by the Defendant, a hearing shall be held on Wednesday, August 22, 2007 at 10:00 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Time allowed for this hearing will be limited to 1 1/2 hours. IT IS FURTHER ORDERED AND DIRECTED that pre-hearing memorandum regarding the issue will be filed with this Court by the close of business, Tuesday, August 21, 2007, in the following format: 1. A concise statement of factual issues to be decided at the hearing. Il. A list of witnesses the party intends to call at the hearing along with a concise statement of their anticipated testimony. III. A list of all exhibits each party anticipates presenting at the hearing. ?C . -1" 0Z SI'l"I %COZ ;t l?+ Hi ? e -! IV. A statement of any legal issues each party anticipates being raised at the hearing along with copies of any cases which may be relevant to resolution of the stated issue. By the Court, ,;carol J. Lindsay, Esquire Attorney for Plaintiff Samuel Andes, Esquire Attorney for Defendant bas LYNN M. KEEFER, Plaintiff V. TORY N. KEEFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-198 CIVIL TERM IN DIVORCE PLAINTIFF'S PRE-HEARING MEMORANDUM Lynn M. Keefer, Plaintiff above, and Respondent with respect to Defendant's Petition for Emergency Relief, files this Pre-Hearing Memorandum in compliance with the Court's Order of August 20, 2007. The parties hereto are husband and wife having been joined in marriage on December 31, 1994. On January 11, 2007, Plaintiff filed a Complaint in Divorce. Although Defendant was served, he did not file an Answer or Counterclaim. During the parties' marriage, they purchased five properties. Plaintiff resides in the SAIDIS, FLOWER & LINDSAY ?not?s.,?ruw 26 West High Street Carlisle, PA marital home. The other four properties are rental properties in Harrisburg, Pennsylvania. The properties were purchased in 2001, 2002 and 2005. Title to all properties were taken in Defendant's name. He is a real estate agent who, at all relevant times, has collected the rent, paid the taxes, made the mortgage and insurance payments and has sole control of all records regarding the subject properties. Also, Defendant prepared and filed the parties' Federal income tax return, completing them electronically starting in 2005. The subject properties are 1907-1909 North Street, a duplex purchased on July 16, 2002 and rented thereafter by Defendant. In the summer of 2007, Defendant advised Plaintiff that he was selling the properties and listed them for sale without her knowledge or consent. The properties were listed for $54,900.00. Believing that the properties were vastly undervalued, Plaintiff filed a lis pendens in the Court of Common Pleas of Dauphin County. A copy of the lis pendens is attached hereto as Exhibit "A". Defendant signed a Listing Agreement to sell the properties at $47,000.00, $3,000.00 less than their purchase price five years ago. Because, after payment of the costs of sale, he will not have enough money to pay off the mortgage, he proposes refinancing the mortgage on another rental property in order to finance the loss on the sale of 1907-1909 North Street. Plaintiff does not oppose the sale of 1907-1909 North Street but believes that the sale must be conducted in a commercially reasonable way. Her examination of the properties reveals to her that they have not been well maintained and that Defendant has failed in his duty to safeguard marital assets for equitable distribution. 1. Factual Issues: Whether Defendant may sell the property at 1907-1909 North Street for less than its purchase price five years ago in light of his failure to maintain the properties and in light of the rental income to be derived therefrom. II. Witnesses: Plaintiff will testify herself regarding her observation to the property, the background SAIDIS, FILOWER & LEVDS" 26 West High Street Carlisle, PA of the case and her willingness to manage 1907-1909 North Street as well as the other rental properties to maximize their value for equitable distribution. III. Exhibits: 1. The summary statement regarding 1907-1909 North Street; 2. A listing for 1907-1909 North Street; 3. Schedule E from the 2004 Federal Income Tax return and an abstract of the 2005 Federal Income Tax return; and 4. Other Exhibits as Plaintiff may provide prior to the hearing and which Defendant may provide pursuant to a Notice to Produce. Respectfully submitted, SAIDIS, FLOW MAY Card J.`Linds y`fsquire Supreme ID No. 44693 26 West ioutreet Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA LYNN M. KEEFER, IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PE NNSYLVANIA V. CIVIL ACTION - LAW NO. 2007 CV 05953 EQ TORY N. KEEFER, o Defendant LIS PENDENS J w C: C- cD C? NO - ?, r-r, - -", TO THE PROTHONOTARY: W Please index this Praecipe as a lis pendens with regard to marital property, owned individually by the Defendant above, situated in Dauphin County and subject to division pursuant to a divorce matter pending in the Court of Common Pleas of Cumberland County, Pennsylvania, to the number 07-198 Civil Term, filed on January 11, 2007, the parties to which are the same parties set out above. The address of the Plaintiff is 54 White Oak Boulevard, Mechanicsburg, PA 17050 and the address of the Defendant is 1928 State Street, Harrisburg, PA 17103. Respectfully submitted, SAIDIS, FLOWER,&;JVDSAY SAIDIS, R JOVVER & UNDS" 26 West High Street Carlisle, PA Carol J. Lindy a4 Attorney Id. 3 26 West H' Street Carlisle, PA 17013 (717) 243-6222 Dated: Counsel for Plaintiff JUN 2 02W7 I hereby aertity that the foregoing is a true and corr?t copy of the original filed. ?- Ltxvrai Pmt*n,. v VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. - C45?? _711t. Lz??x Lyn . Keefer Date: SAUD FWWER '& IAVDS" 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via facsimile and first class mail, postage prepaid, addressed as follows: Via Facsimile 761-1435 Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 SAIDIS, FLOWER & LIMPSAY Carol J. Lindsa , `quire Supreme Cou ID o. 44693 26 West High tre Carlisle, PA 17 13 717-243-6222 Dated: August 21, 2007 SAIDIS, FILOWER & LINDSAY I 15 - - 26 West High Street Carlisle, PA ? ' ..... x _ R...,, 51 - T L__1 -3 LYNN M. KEEFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TORY N. KEEFER, IN DIVORCE Defendant NO. 07-0198 CIVIL TERM IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 22nd day of August, 2007, the matter being called for a hearing and the parties having reached an agreement, we order and decree as follows: 1. The parties will cooperate to obtain an appraisal of the properties at 1907 and 1909 North Street in Harrisburg by Christopher Davis. If at all possible the appraisal will be completed before the end of this week. Each party will receive a copy of the appraisal and will pay one-half of the appraisal fee which we understand will be $600.00. Neither party, however, is bound by the appraisal to establish the value of the properties, and in the event that husband disagrees with the appraisal and seeks to have an appraisal of his own, wife will pay up to $300.00 toward one-half of that appraisal fee unless wife elects to have the property appraised a second time by someone other than Mr. Davis, in which case each party will be responsible to pay their own appraisal fees. 2. Wife will lift the lis pendens filed in :? t t ryry .Zj V,18 6Z 40 ;1' ?{ enu Dauphin County against the properties at 1907 and 1909 North Street, and her attorney will file a praecipe promptly to do that. The property will be sold this week on the contract of sale previously negotiated by the Defendant and dated June 11, 2007, for a total purchase price of $47,000.00. 3. The parties will cooperate with each other to list for sale the other properties in the City of Harrisburg which are identified in the Defendant's Petition for Emergency Relief. The properties will be listed at a listing price to which the parties mutually agree, and in the event they do not mutually agree, they will have the properties appraised and list the property or properties for sale at the appraised price. The parties will share equally the cost of any such appraisals. 4. Husband will provide to wife and her attorney information regarding the financial operation of the rental properties in the City of Harrisburg which are identified in his petition for emergency relief. The parties and counsel will meet for that purpose within the near future at which time husband will provide records of the expenses and rental income for the properties and answer questions and share information with wife regarding those. 5. Husband shall continue to manage the Harrisburg rental properties and shall apply the rental receipts to pay the following expenses in the following order: 1. The mortgage payment; 2. Insurance on the properties; 3. Real estate taxes for the properties; 4. The utility charges for the properties; and 5. The cost of repairs and maintenance to the properties. In addition, husband will provide to wife monthly a listing of the rental receipts and the expenses he he has paid for each of the properties as long as he continues to own them. 6. The parties will exchange tax returns for 2005 and 2006 as soon as those tax returns are prepared and filed. 7. The parties will cooperate with each other to implement this order and continue to share information regarding the rental properties until they are sold. 8. Husband will provide to wife a copy of the settlement sheet for the sale of 1907 and 1909 North Street in Harrisburg as soon as it is prepared and available to him. By the Court, M. L. Ebert, Jr., Carol J. Lindsay, Esquire For the Plaintiff Samuel L. Andes, Esquire For the Defendant :lfh LYNN M. KEEFER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-198 CIVIL TERM TORY N. KEEFER, Defendant IN DIVORCE PETITION FOR CONTEMPT OF COURT AND TO COMPEL DISCOVERY AND FOR SPECIAL RELIEF AND NOW comes Lynn M. Keefer, by and through her counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on December 31, 1994. 2. In the course of the parties' marriage, they purchased four rental properties located in Harrisburg, Pennsylvania, two of which have been sold at a loss and the other two of which are managed by the Respondent. 3. On August 22, 2007, the parties were before the Court which issued an Order, a copy of which is attached hereto as Exhibit "A". 4. Respondent is in contempt of the Court's Order of August 22, 2007 in the following particulars: a. Pursuant to paragraph 1 of the Order, Respondent has not paid one-half of the cost of the appraisal fee. His half of the fee is $275.00. b. With regard to paragraph 5, Respondent has failed to provide to FIJCYVVER IS,& LENDS" 26 West High Street Carlisle, PA Petitioner a monthly listing of the rental receipts and expenses for each of the properties. C. With regard to paragraph 6, Respondent has failed to provide his tax returns for 2005 and 2006. d. With regard to paragraph 5, Respondent has refused to apply the rental receipts to pay the expenses set out. 5. On February 2, 2008, counsel for Petitioner wrote Respondent's counsel reminding him of the actions and documents required pursuant to the Court's Order of August 22, 2008. 6. On or about February 27, 2008, counsel for the Respondent requested some additional time to so comply and Petitioner provided until March 8 for compliance. Respondent has not complied with the Court's Order of August 22, 2007. 7. Petitioner believes and therefore avers that management of the two remaining properties should revert to her because she will collect the rents and apply them to preserve the properties pending sale or other disposition as set out in paragraph 5 of the Court's Order of August 22, 2007 while Respondent has failed or refused to comply with that paragraph of the Court's Order. Specifically: a. Although Respondent collected rents for four units at 1928 State Street, Harrisburg, Pennsylvania, he has failed to pay the 2006 and 2007 real estate taxes which now total $4,271.90, as set out in Exhibit "B" as attached hereto. b. Although Respondent has collected the rents for 1937 North Street, he has failed or refused to pay the 2006 and 2007 real estate taxes which total $3,011.92, as set out in Exhibit "C". C. With regard to 1937 North Street, Harrisburg, Pennsylvania, Respondent has failed to make the utility payment due to the City of Harrisburg. A copy of the Notice of May 15, 2008 is attached hereto as Exhibit T". FLOWER ? LWDSAY ?IAW 26 West High Street Carlisle, PA d. With regard to 1928 State Street, Harrisburg, Pennsylvania, Respondent has not maintained electric coverage consistently. e. Payments for insurance on the properties are not timely paid by Respondent. 8. On February 8, 2008, the undersigned served counsel for the Respondent with a Request for Production of Documents, a copy of which is attached hereto as Exhibit "E". The documents requested have not been provided although over 30 days have passed from the date of service. 9. Respondent does not agree with the relief requested. 10. The Honorable M. L. Ebert, Jr. has been assigned to this case. 11. Petitioner has incurred and will incur counsel fees to enforce the Court's Order and to obtain discovery. WHEREFORE, Petitioner prays this Honorable Court to find the Respondent in contempt of its Order of August 22, 2007 and to issue a Rule on the Respondent why he should not be required to produce the documents requested on February 8, 2008, and to order the payment of Petitioner's reasonable attorney's fees incurred to enforce the Court's Order and the Rules of Civil Procedure. SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, bfre Supreme Courto. 44693 26 West High eet Carlisle, PA 17013 717-243-6222 SAMIS, RFLOWER LINDSAY AnUMERM 26 West High Street Carlisle, PA LYNN M. KEEFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. , TORY N. KEEFER, IN DIVORCE Defendant NO. 07-0198 CIVIL TERM IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 22nd day of August, 2007, the matter being called for a hearing and the parties having reached an agreement, we order and decree as follows: 1. The parties will cooperate to obtain an appraisal of the properties at 1907 and 1909 North Street in Harrisburg by Christopher Davis. If at all possible the appraisal will be completed before the end of this week. Each party will receive a copy of the appraisal and will pay one-half of the appraisal fee which we understand will be $600.00. Neither party, however, is bound by the appraisal to establish the value of the properties, and in the event that husband disagrees with the appraisal and seeks to have an appraisal of his own, wife will pay up to $300.00 toward one-half of that appraisal fee unless wife elects to have the property appraised a second time by someone other than Mr. Davis, in which case each party will be responsible to pay their own appraisal fees. 2. Wife will lift the lis pendens filed in Dauphin County against the properties at 1907 and 1909 North Street, and her attorney will file a praecipe promptly to do that. The property will be sold this week on the contract of sale previously negotiated by the Defendant and dated June 11, 2007, for a total purchase price of $47,000.00. 3. The parties will cooperate with each other to list for sale the other properties in the City of Harrisburg which are identified in the Defendant's Petition for Emergency Relief. The properties will be listed at a listing price to which the parties mutually agree, and in the event they do not mutually agree, they will have the properties appraised and list the property or properties for sale at the appraised price. The parties will share equally the cost of any such appraisals. 4. Husband will provide to wife and her attorney information regarding the financial operation of the rental properties in the City of Harrisburg which are identified in his petition for emergency relief. The parties and counsel will meet for that purpose within the near future at which time husband will provide records of the expenses and rental income for the properties and answer questions and share information with wife regarding those. 5. Husband shall continue to manage the Harrisburg rental properties and shall apply the rental receipts to pay the following expenses in the following order: 1. The mortgage payment; 2. Insurance on the properties; 3. Real estate taxes for the properties; 4. The utility charges for the properties; and 5. The cost of repairs and maintenance to the properties. In addition, husband will provide to wife monthly a listing of the rental receipts and the expenses he he has paid for each of the properties as long as he continues to own them. 6. The parties will exchange tax returns for 2005 and 2006 as soon as those tax returns are prepared and filed. 7. The parties will cooperate with each other to implement this order and continue to share information regarding the rental properties until they are sold. 8. Husband will provide to wife a copy of the settlement sheet for the sale of 1907 and 1909 North Street in Harrisburg as soon as it is prepared and available to him. By the Court, -,A, -? ?AA M. L. Ebert, Jr., \arol J. Lindsay, Esquire the Plaintiff Samuel L. Andes, Esquire For the Defendant :lfh (DTC404) D E L I N Q U E N T T A X S U M M A R Y PAGE 30 AS O F CLOSE OF BUSINESS ON 05/12/2008 PARCEL TAX YEAR OWNER OR REPUTED OWNER (B ALANCES DUE) PROPERTY LOCATION TAX TYPE TAX FLAT PENALTY INTEREST TOTAL DUE 15-010-016 2005 COUNTY 235.16 23.52 46.56 305.24 BAILEY MICHAEL A LIBRARY 11.97 1.19 2.40 15.56 F.S.T.C. .00 .00 .00 .00 1943 NORTH ST MUNIC. .00 .00 .00 .00 HARRISBURG CITY SCHOOL .00 .00 .00 .00 CHARGES 22.00 TOTAL AMT DUE FOR 2005 342.80 15-010-016 2006 COUNTY 235.16 23.52 29.10 287.78 BAILEY MICHAEL A LIBRARY 11.97 1.19 1.50 14.66 F.S.T.C. .00 .00 .00 .00 1943 NORTH ST MUNIC. .00 .00 .00 .00 HARRISBURG CITY SCHOOL .0.0 .00 .00 .00 CHARGES 32.00 TOTAL AMT DUE FOR 2006 334.44 15-010-016 2007 COUNTY 235.16 23.52 5.82 264.50 BAILEY MICHAEL A LIBRARY 11.97 1.19 .30 13.46 F.S.T.C. .00 .00 .00 .00 1943 NORTH ST MUNIC. 366.55 36.66 9.06 412.27 HARRISBURG CITY SCHOOL 764.38 76.44 18.93 859.75 CHARGES 52.00 TOTAL AMT DUE FOR 2007 1,601.98 *** TOTAL DUE FOR PARCEL 15-010-016 3,163.86 *** 15-010-028 2006 COUNTY 189.09 18.91 23.40 231.40 FREGM EDWARD L LIBRARY 9.63 .96 1.20 11.79 FREGM GLORIA M & ROBERT F.S.T.C. .00 .00 .00 .00 1912 STATE ST MUNIC. 276.69 27.67 34.20 338.56 HARRISBURG CITY SCHOOL 583.82 58.38 72.30 714.50 CHARGES 62.00 TOTAL AMT DUE FOR 2006 1,358.25 15-010-028 2007 COUNTY 189.09 18.91 4.68 212.68 FREGM EDWARD L LIBRARY 9.63 .96 .24 10.83 FREGM GLORIA M & ROBERT F.S.T.C. .00 .00 .00 .00 1912 STATE ST MUNIC. 324.96 32.50 8.04 365.50 HARRISBURG CITY SCHOOL 614.63 61.46 15.21 691.30 CHARGES 52.00 TOTAL AMT DUE FOR 2007 1,332.31 *** TOTAL DUE FOR PARCEL 15-010-028 2,690.56 *** 15-010-036 2006 COUN'T'Y 321.80 32.18 39.75 393.73 KEFFER TROY N LIBRARY 16.38 1.64 2.10 20.12 F.S.T.C. .00 .00 .00 .00 1928 STATE ST MUNIC. 381.67 38.17 47.25 467.09 HARRISBURG CITY SCHOOL 993.56 99.36 123.00 1,215.92 CHARGES 62.00 TOTAL AMT DUE FOR 2006 2,158.86 15-010-036 2007 COUNTY 321.80 32.18 7.95 361.93 KEFFER TROY N LIBRARY 16.38 1.64 .42 18.44 F.S.T.C. .00 .00 .00 .00 1928 STATE ST MUNIC. 448.27 44.83 11.10 504.20 HARRISBURG CITY SCHOOL 1,045.98 104.60 25.89 1,176.47 CHARGE 52.00 S AL AMT DUE FOR 2 *** TOTAL DUE (DTC404) D E L I N Q U E N T T A X S U M M A R Y PAGE 29 AS OF CLOSE OF BUSINESS ON 05/12/2008 PARCEL TAX YEAR OWNER OR REP U ED OWNER (BALANCES DUE) PROPERTY LOCATION TAX TYPE TAX FLAT PENALTY INTEREST TOTAL DUE 15-010-004 2007 COUNTY 299.11 29.91 7.41 336.43 WILKINSON KENNETH LIBRARY 15.23 1.52 .39 17.14 LUCAS MARY C F.S.T.C. .00 .00 .00 .00 1911 NORTH ST MUNIC. .00 .00 .00 .00 HARRISBURG CITY SCHOOL 00 T 15-010-006 HARRIS NANCY 1915 NORTH ST HARRISBURG CITY 15-010-007 LEON ADERLY 1919 NORTH ST HARRISBURG CITY 15-010-013 KEEFER TORY KEEFER LYNN 1937 NORTH ST HARRISBURG CITY 15-010-013 KEEFER TORY KEEFER LYNN 1937 NORTH ST HARRISBURG CITY 15-010-016 BAILEY MICHAEL A 1943 NORTH ST HARRISBURG CITY 00 .00 .00 CHARGES 22.00 TOTAL AMT DUE FOR 2007 375.57 *** TOTAL DUE FOR PARCEL 15-010 -004 375.57 *** 2007 COUNTY 259.23 25.92 6.42 291.57 LIBRARY 13.20 1.32 .33 14.85 F.S.T.C. .00 .00 .00 .00 MUNIC. 407.17 40.72 10.08 457.97 SCHOOL 842.60 84.26 20.85 947.71 CHARGES 52.00 TOTAL AMT DUE FOR 2007 1,764.10 *** TOTAL DUE FOR PARCEL 15-010 -006 1,764.10 *** 2007 COUNTY 309.42 30.94 7.65 348.01 LIBRARY 15.75 1.58 .39 17.72 F.S.T.C. .00 .00 .00 .00 MUNIC. 494.61 49.46 12.24 556.31 SCHOOL 1 ,005.76 100.58 24.90 1,131.24 CHARGES 52.00 TOTAL AMT DUE FOR 2007 2,105.28 *** TOTAL DUE FOR PARCEL 15-010-007 2,105.28 *** 2006. COUNTY 215.91 21.59 26.70 264.20 LIBRARY 10.99 1.10 1.35 13.44 F.S.T.C. .00 .00 .00 .00 MUNIC. 298.67 29.87 36.90 365.44 SCHOOL 666.62 66.66 82.50 815.78 CHARGES 62.00 TOTAL AMT DUE FOR 2006 1,520.86 2007 COUNTY 215.91 21.59 5.34 242.84 LIBRARY 10.99 1.10 .27 12.36 F.S.T.C. .00 .00 .00 .00 MUNIC. 350.77 35.08 8.67 394.52 SCHOOL 701.79 70.18 17.37 789.34 CHARGES 52.00 TOTAL AMT DUE FOR 200 *** TOTAL DUE FOR PARCEL 15-010- 013 2004 COUNTY 197.61 19.76 58.68 276.05 LIBRARY 11.97 1.20 3.60 16.77 F.S.T.C. .00 .00 .00 .00 MUNIC. 312.09 31.21 92.52 435.82 SCHOOL .00 .00 .00 .00 CHARGES 156.00 TOTAL AMT DUE FOR 2004 884.64 TIDE CITY OF HARRISBURG MONTHLY UTILITY BILLING PAST DUE CHARGES ARE DUE IMMEDIATELY. ACCOUNT NUMBER BILL DATE DUE DATE 15010013-0000(0) 04/26/2008 05/15/2008 PROPERTY ADDRESS PROPERTY OWNER 1937 NORTH ST TORY N KEEFER TORY KEEFER UT35 54 WHITE OAK BLVD MECHANICSBURG PA 17050-7940 L AMOUNT DUE 429.71 AMOUNT PAID: $ CITY IS COLLECTING YARD WASTE THE FIRST WEEK OF MAY, CALL 236-4802 1111111111 oil 1111111 lill 11111111111111111111 lill 111111110 1111111IM1111111111111111111111 *16150100 0 00000429 ]1 CITY COPY ----------------------------------------------------------------------------- T H E C I T Y O F H A R R I S B U R G MONTHLY UTILITY BILLING ACCOUNT NUMBER BILL DATE DUE DATE AMOUNT DUE 15010013-0000(0) 04/26/2008 05/15/2008 429.71 PROPERTY ADDRESS PROPERTY OWNER 1937 NORTH ST TORY N KEEFER PREVIOUS AMOUNT BILLED ON 03/26/2008 ........................... 302.35 04/08/2008 WSO RESTORATION BALANCE REMAINING .............................................. 402.35 NEW PENALTIES INCURRED ......................................... 2.80 REFUSE PICK-UP .00 REFUSE DISPOSAL 19.34 READY-TO-SERVE-WATER 5.22 WATER CONSUMPTION .00 TOTAL NEW CURRENT CHARGES ...................................... 24.56 TOTAL AMOUNT DUE ...................................:........... 429.71 READINGS IN GALLONS: PRESENT 209000 PRIOR 209000 USAGE: 0 READING DATE 04/02/2008 WATER ® $5.750 / 1,000 GALLONS SEWER 0 $3.481 / 1,000 GALLONS SEWER MAINT B $,52215 / 1,000 GALLON RES ** PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION ** YOUR COPY 100.00 LYNN M. KEEFER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-198 CIVIL TERM TORY N. KEEFER, : Defendant IN DIVORCE REQUEST FOR PRODUCTION OF DOCUMENTS - SECOND SET To: Tory N. Keefer c/o Samuel L. Andes, Esquire P.O. Box. 168 Lemoyne, PA 17043 PLEASE TAKE NOTICE THAT pursuant to Pa.R.C.P. 4003.3 and 4009, you are required to furnish at our office, on or before thirty (30) days after service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attomey/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: 1. Copies of all lease agreements with tenants at 1937 North Street and 1928 State Street, Harrisburg, Pennsylvania since your purchase of the properties to the present. 2. Copies of journals, ledger books, computer statements or any other recording for the rents received and/or the payments made from the rents received from 1937 North Street and 1928 State Street, Harrisburg, Pennsylvania from the purchase of those properties to the present. 3. The most recent statement you have for any real estate taxes due or past due, paid or unpaid, for 1937 North Street and 1928 State Street, Harrisburg, Pennsylvania. SAIDIS, FLOWER & LINDSAY FLOWER & 26 West High Street -Carlisle, PA Carol J. Lindsay, E: Supreme Court 4D 1 26 West High Sfree Carlisle, PA 17013 717-243-6222 wire .44693 CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 SAIDIS, FLOWER & LINDSAY Carol J. Lindss-0 F:?quire Supreme Co No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: February 8, 2008 M?QNVER SAMIS, LINDSAY 26 West High Saes C.1i.1r, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsifications to authorities. Lyn . Keefer Dated: S/ /3) © $ CERTIFICATE OF SERVICE On the `fday of PAW, 2008, I, Carol J. Lindsay, Esquire, of the law firm of I SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 SAIDIS, FLOWER & LINDSAY 1,1,2 -?? ? C, Carol J. Cihft,* f sVuire Supreme CoqrLZ No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAMIS, RFLONVIER LINDSAY 26 West High Street Carlisle, PA -?., c? ?3 ? s- ?? ?? ? ?? ?? r.. LYNN M. KEEFER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-0198 CIVIL V. TORY N. KEEFER, DEFENDANT IN DIVORCE IN RE: PLAINTIFF'S PETITION FOR CONTEMPT. TO COMPEL DISCOVERY AND FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 9th day of June, 2008, upon consideration of the Petition for Contempt, to Compel Discovery and for Special Relief filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before June 30, 2008; 3. The Prothonotary is directed to forward said Answer to this Court 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if a hearing, status conference or further Order of Court is required. By the Court, -Av,. (?SA V M. L. Ebert, Jr., J. MVA-RS UN3d Aw.?? ,-,,?Carol J. Lindsay, Esquire Attorney for Plaintiff Samuel Andes, Esquire Attorney for Defendant bas CTr E.S r)IaI LL ?' I LYNN M. KEEFER, Plaintiff V. TORY N. KEEFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-198 CIVIL TERM IN DIVORCE MOTION FOR RULE ABSOLUTE AND NOW comes Lynn M. Keefer, by and through her counsel, Saidis, Flower & Lindsay, and moves this Honorable Court as follows: 1. On June 4, 2008, Movant filed a Petition for Contempt of Court and to Compel Discovery and for Special Relief. A copy of the Petition, without its exhibits, is attached hereto as Exhibit "A". 2. On June 9, 2008, this Honorable Court issued a Rule upon the Defendant to show cause why the relief requested should not be granted. The Rule required the Defendant to file an Answer on or before June 30, 2008. A copy of the Rule is attached hereto as Exhibit "B". 3. The Rule of June 9, 2008 directed that should the Defendant not file an Answer, the relief requested would be granted upon the filing of a Motion to make the Rule Absolute. 4. Defendant has not filed an Answer on or before June 30, 2008. WHEREFORE, Movant prays this Honorable Court to make the Rule of June 9, 2008 FLOWER ? LE4DS" 26 West High Street Carlisle, PA absolute and, therefore, to find the Defendant, Tory M. Keefer, in contempt of the Court's Order of August 22, 2007, to order him to provide the discovery requested on February 8, 2008 within twenty (20) days of the date of this Order and to order him to turn over the management of the rental units at 1928 State Street and 1937 North Street, Harrisburg, Pennsylvania, to Movant, who shall collect the rents and apply the rental payments to the expenses for maintaining 1928 State Street and 1937 North Street, Harrisburg, Pennsylvania. To that end, Defendant shall, within five days, provide to Movant all leases for said buildings, keys, accounts into which rents are deposited and all documents relating to said properties. SAIDIS, FLOWER & LINDSAY Carol`J-L-in-dsa , E9 re Supreme Cou ID 44693 26 West High Feet Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LENDSM 26 West High Street Carlisle, PA VERIFICATION I, Carol J. Lindsay, attorney for Lynn M. Keefer, verify that the statements made in the foregoing document are true and correct and certify that I am authorized to do so. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Carol J. Lino4asquire, att?rney for Plaintiff Ly 1-14(. Keefer SAIDIS, FLOVVER & LINDSAY ATN AT>AW 26 West High Street Carlisle, PA LYNN M. KEEFER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-198 CIVIL TERM N TORY N. KEEFER, : Defendant IN DIVORCE -Q u C mcn ? PETITION FOR CONTEMPT OF COURT r ; AND TO COMPEL DISCOVERY AND FOR SPECIAL RELIEF AND NOW comes Lynn M. Keefer, by and through her counsel, Jis, Wowe7`& Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on December 31, 1994. 2. In the course of the parties' marriage, they purchased four rental properties located in Harrisburg, Pennsylvania, two of which have been sold at a loss and the other two of which are managed by the Respondent. 3. On August 22, 2007, the parties were before the Court which issued an Order, a copy of which is attached hereto as Exhibit "A". 4. Respondent is in contempt of the Court's Order of August 22, 2007 in the following particulars: a. Pursuant to paragraph 1 of the Order, Respondent has not paid one-half of the cost of the appraisal fee. His half of the fee is $275.00. b. With regard to paragraph 5, Respondent has failed to provide to SAMIS, FLOWER & LINDSAY u? 26 West High Street Carlisle, PA Petitioner a monthly listing of the rental receipts and expenses for each of the properties. C. With regard to paragraph 6, Respondent has failed to provide his tax returns for 2005 and 2006. d. With regard to paragraph 5, Respondent has refused to apply the rental receipts to pay the expenses set out. SAIDIS, FLOWER & LINDSAY ,?,n-- 26 West High Street Carlisle, PA 5. On February 2, 2008, counsel for Petitioner wrote Respondent's counsel reminding h.im of the actions and documents required pursuant to the Court's Order of August 22, 2008. 6. On or about February 27, 2008, counsel for the Respondent requested some additional time to so comply and Petitioner provided until March 8 for compliance. Respondent has not complied with the Court's Order of August 22, 2007. 7. Petitioner believes and therefore avers that management of the two remaining properties should revert to her because she will collect the rents and apply them to preserve the properties pending sale or other disposition as set out in paragraph 5 of the Court's Order of August 22, 2007 while Respondent has failed or refused to comply with that paragraph of the Court's Order. Specifically: a. Although Respondent collected rents for four units at 1928 State Street, Harrisburg, Pennsylvania, he has failed to pay the 2006 and 2007 real estate taxes which now total $4,271.90, as set out in Exhibit "B" as attached hereto. b. Although Respondent has collected the rents for 1937 North Street, he has failed or refused to pay the 2006 and 2007 real estate taxes which total $3,011.92, as set out in Exhibit "C". C. With regard to 1937 North Street, Harrisburg, Pennsylvania, Respondent has failed to make the utility payment due to the City of Harrisburg. A copy of the Notice of May 15, 2008 is attached hereto as Exhibit T". d. With regard to 1928 State Street, Harrisburg, Pennsylvania, Respondent has not maintained electric coverage consistently. e. Payments for insurance on the properties are not timely paid by Respondent. 8. On February 8, 2008, the undersigned served counsel for the Respondent with a Request for Production of Documents, a copy of which is attached hereto as Exhibit "E". The documents requested have not been provided although over 30 days have passed from the date of service. 9. Respondent does not agree with the relief requested. 10. The Honorable M. L. Ebert, Jr. has been assigned to this case. 11. Petitioner has incurred and will incur counsel fees to enforce the Court's Order and to obtain discovery. WHEREFORE, Petitioner prays this Honorable Court to find the Respondent in contempt of its Order of August 22, 2007 and to issue a Rule on the Respondent why he should not be required to produce the documents requested on February 8, 2008, and to order the payment of Petitioner's reasonable attorney's fees incurred to enforce the Court's Order and the Rules of Civil Procedure. SAIDIS, FLOWER & LINDSAY tj? ? Y Carol J. Lindsay,.. re Supreme CourtaD o. 44693 26 West High reet Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER &z LENDS" 26 West High Street Carlisle, PA LYNN M. KEEFER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-0198 CIVIL V. TORY N. KEEFER, DEFENDANT IN DIVORCE IN RE: PLAINTIFF'S PETITION FOR CONTEMPT, TO COMPEL DISCOVERY AND FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 9t' day of June, 2008, upon consideration of the Petition for Contempt, to Compel Discovery and for Special Relief filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before June 30, 2008; 3. The Prothonotary is directed to forward said Answer to this Court 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if a hearing, status conference or further Order of Court is required. By the Court, TRUE COPY FROM RISC Ad yn Testes .-! vmierwf, I two a'nto a ftty tmlw and t .p ~w C 'Arlin , Ia _;SW oiqt a. M. L. Ebert, Jr., J. +,.? rt{Mary CERTIFICATE OF SERVICE On the q day of July, 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 ,INDSAY SAIDIS, FLOWER & L7 Carol J. Lin ay,squire Supreme C urt I No. 44693 26 West Hi reet Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LIlVDS" 26 West High Street Carlisle, PA '?' o ?c _ ?. ?-? t? ?*???, ?° .-.•; L r c?' ? f, ?l . , ?- _ ?a ? ! ? ?' ? ?.7'? "?' ??'?i JUL 0 8 2008 LYNN M. KEEFER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-198 CIVIL TERM TORY N. KEEFER, Defendant IN DIVORCE ORDER OF COURT th AND NOW, this 9 day of -vly , 2008, upon consideration of the within Motion, the Defendant having failed to answer the Rule to Show Cause issued on June 9, 2008 on or before June 30, 2008, the Rule issued on June 9, 2008 is hereby made absolute: 1. The Defendant Tory N. Keefer is hereby ordered in contempt of the Court's Order of August 22, 2007. 2. Within twenty (20) days of the date of this Order, Tory N. Keefer shall provide the discovery requested on February 8, 2008 within twenty (20) days of the date of this Order. 3. Management of rental properties at 1928 State Street, Harrisburg, SAIDIS, LWD AY 26 West High Street Carlisle, PA Pennsylvania and 1937 North Street, Harrisburg, Pennsylvania shall revert to the Plaintiff, Lynn M. Keefer who is ordered and directed to collect the rents from the rental units and to apply the rents to the expenses for maintaining those units and to do all acts necessary to the effectively manage of the rental units. Within five days of the date of this Order, Defendant shall provide to Movant all leases for said buildings, keys, accounts into which rents are deposited and all documents relating to said properties. The issue of counsel fees incurred by the Plaintiff to compel discovery and, for contempt of Court and for special relief is reserved and will be scheduled for hearing upon the request of the Plaintiff in a Petition in which she avers specific attorney's fees incurred. BY THE COURT, J. FLOWER ? LINDSAY nnaWvs?.-:uw 26 West High Street Carlisle, PA a 1 LlG?ti r ? c? ;Hl ?O 303 i-Q'-?31H LYNN M. KEEFER, Plaintiff VS. TORY N. KEEFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-198 CIVIL TERM CIVIL ACTION - LAW MOTION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW comes Samuel L. Andes and moves the Court for leave to withdraw as the attorney for Defendant, Tory N. Keefer, in the above matter, based upon the following: 1. The moving party herein is Samuel L. Andes an attorney admitted before this Court and the other Courts of the Commonwealth of Pennsylvania, who maintains his principal offices at 525 North 12`' Street, Lemoyne, Pennsylvania. 2. Mr. Andes has represented the Defendant in the above matter since shortly after it was filed. 3. Mr. Andes is no longer able to satisfy his obligations to the Defendant or to this Court as Defendant's counsel for the following reasons: A. Defendant has ceased communication with Mr. Andes; B. Defendant has repeatedly disregarded or failed to heed Mr. Andes' advice; C. Defendant has failed to comply with orders of this Court despite Mr. Andes' advice that he do so. 4. Mr. Andes has provided Defendant, Plaintiff, and Plaintiff's counsel with a copy of this motion and advised them he will file the motion shortly. 5. Mr. Andes has not been able to communicate with Mr. Keefer to determine whether he opposes this motion. 6. Proceedings in this matter have previously been before the Honorable M.L. Ebert, Jr., Judge of this Court. Respectfully submitted, Samue . Andes Attorney-at-Law P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: $i S lt'? SAMUEL C .-ANDES CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff and the Defendant herein by regular mail, postage prepaid, addressed as follows: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 Mr. Tory N. Keefer 62 Woodmyre Lane Enola, PA 17025 Date: 15 August 2008 Amy Harkins ecretary for Samuel L. Andes ca -, °41 i L/ AUG 19 2000,p LYNN M. KEEFER, Plaintiff VS. TORY N. KEEFER, Defendant ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-198 CIVIL TERM CIVIL ACTION - LAW AND NOW this ?7? day of A%) I,) it , 2008, upon consideration of the attached Motion, a Rule is hereby issued upon the parties to show cause, if any they have, why Mr. Andes should not be granted leave to withdraw as counsel for the Defendant in this matter. Rule to be served upon the Defendant and Plaintiff's counsel by regular mail and shall be returnable 'M days from the date of service. BY THE COURT: 1?to' ??4 J. DISTRIBUTION: ,?6ry N. Keefer, 62 Woodmyre Lane, Enola, PA 17025 ,,earol J. Lindsay, Attorney for Plaintiff, 26 West High Street, Carlisle, PA 17013 Aam Ana vs 4 _: ?. 60 -9 WV oz gnv 8041 ?d !'Hi d0 (?? d.?.V??..?t{{{{S'i - :..?a"v'? y4?J^{['+?jrylwJ+{1 PROPERTY AND SEPARATION AGREEMENT THIS AGREEMENT made this s day of /.Uro~ 4 2009, by and between TORY N. DEFER, (hereinafter referred to as "Tory") and LYNN M. KEEFER, (hereinafter referred to as "Lynn"). WITNESSETH: WHEREAS, the Tory and Lynn were lawfully married on December 31, 1994; and WHEREAS, differences have arisen between Tory and Lynn in consequence of which they intend to live apart from each other; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly-owned assets, the provisions for their liabilities and provisions for the resolution of their mutual differences, after both have had free and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each part to live separate and apart from the other places as he or she may from time to time foregoing provisions shall not be taken as party as to the lawfulness or unlawfulness their living apart. 2. INTERFERENCE y at all times hereafter party at such place or choose or deem fit. The s an admission by either of the causes leading to Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other nor 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. 3. DIVISION OF PERSONAL PROPERTY Tory and Lynn have equitably divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore had been used by them in common. Tory is to remove his remaining personal property, Grandfather clock, Gibson guitar and grand piano at the former marital home at a mutually agreeable day and time. 4. VEHICLES The parties own various vehicles. Tory shall have all right and title to the Nissan and Chevy Nova and band equipment trailer. He shall maintain insurance on his vehicles and be responsible for all maintenance, liens and other payments related thereto. Tory shall indemnify and hold Lynn harmless for all matters related to his vehicles. Lynn shall have all right and title to the Acura and Jet ski. She shall maintain insurance on her vehicles and be responsible for all maintenance, liens and other payments related thereto. Lynn shall indemnify and hold Tory harmless for all matters related to her vehicle. 5. DIVISION OF REAL PROPERTY The real estate owned by the parties as tenants by the entireties situated at 54 White Oak Boulevard, Mechanicsburg, Cumberland, Pennsylvania shall be conveyed in fee simple to Lynn. Lynn shall assume full responsibility for all maintenance, taxes and the payment of the existing mortgages and notes. Lynn shall indemnify and save Tory harmless from any liability on the accompanying mortgages, notes or other expenses related the former marital home. Within 10 days Lynn shall apply to refinance the current mortgage on the marital home. If Lynn is unsuccessful in refinancing the mortgage, she shall make a good faith effort, at least annually, to refinance the mortgage on the former marital home so as to remove Tory's name from the mortgage and note. The real estate rental property situated at 1928 State Street, Harrisburg, Dauphin County, Pennsylvania shall be conveyed in fee simple to Tory. Tory shall assume full responsibility for all leases, maintenance, taxes and the payment of the existing mortgages and notes. Tory shall indemnify and save Lynn harmless from any liability on the accompanying mortgages, notes or other expenses related the property. Lynn agrees to assign all of her right and interest in the leases to Tory. Within 10 days Tory shall apply to refinance the current mortgage on property. If Tory is unsuccessful in refinancing the mortgage, he shall make a good faith effort, at least annually, to refinance the mortgage on the property so as to remove Lynn's liability. 2 The property at 1937 North Street, Harrisburg, Dauphin County, Pennsylvania has been sold with net proceeds of $27,870.00. Lynn and Tory agree that Tory is to receive $11,068.00 and Lynn is to receive $16,802.00 from the proceeds. 6. PENSION AND RETIREMENT ACCOUNTS Tory and Lynn shall maintain their separate pension and/or retirement accounts. Tory relinquishes any and all rights he may have in Lynn's pension or retirement accounts. Lynn relinquishes any and all rights she may have in Tory's pension or retirement accounts. 7. MARITAL DEBTS All marital debts have been equitably divided and or satisfied. Tory shall be responsible for all debts solely in his name, the joint PSECU loan and the approximate $19,000.00 debt to his parents, and Lynn shall be responsible for all debts solely in her name and the home mortgage. Each party agrees to indemnify and hold the other harmless for any debt that they are responsible for pursuant to this Agreement and shall promptly take any action required to remove the other from responsibility for a debt as set forth in this Agreement. 8. FINANCIAL ACCOUNTS, STOCKS, BONDS AND INVESTMENTS The parties have fully disclosed their marital financial assets. Each party shall be liable for any tax consequences related to the sale or exchange of their accounts, real estate, stocks or bonds or other assets under their control. Each party shall maintain their separate accounts and investments and hereby releases any interest they may have in the other's accounts or investments and shall sign all documents required to distribute the assets as set forth in this agreement. Tory and Lynn agree that this distribution of assets is a fair and equitable division of their marital assets considering all the factors set forth under the Pennsylvania Divorce Code. They agree to waive an accounting of the income and expenses related to the rental properties. 9. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE Each party hereby waives, releases, discharges and gives up any rights either may have against the other to receive support, alimony pendente lite or alimony. 3 10. FILING OF IRS RETURN Tory and Lynn will be filing separate tax returns for 2008 and all future years. Tory is to be responsible for any gain, loss or other tax consequences related to the rental properties at 1907 North Street, 1909 North Street, 1937 North Street and 1928 State Street. Lynn is to be responsible for any gain, loss or other tax consequences related to the former marital home at 54 White Oak Boulevard. Lynn and Tory agree to file their individual 2008 tax returns by April 15, 2008 or one extension period ending August 15, 2008. 11. DIVORCE Lynn has filed a complaint in divorce docketed at in the Cumberland County Court of Common Pleas. The parties agree to cooperate with each other in obtaining a final divorce of the marriage. Each party, at the execution of this agreement, shall sign the documents necessary to complete the divorce. The parties agree to have their mediator, Thomas D. Gould, prepare and file the documents required to obtain a Decree in Divorce. The terms and conditions of this agreement shall be bidding on the parties in any divorce action. 12. ATTORNEY FEES Each party shall be responsible for their respective attorney fees and costs. The mediator's costs for the preparation and filing of the documents are to be equally shared by the parties. 13. INCORPORATION This agreement is to be incorporated into any subsequent Decree in Divorce. 14. CONTINUED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement, or request of the other party, execute any and all written instruments assignments, releases, vehicle titles, deeds or notes or other writings as may be necessary or desirable for the proper effectuation of this agreement. 15. BREACH If either party breaches any provision of this agreement, Tory and Lynn agree to use mediation to assist them in resolving any issues before taking formal legal recourse. If mediation is 4 not successful, either party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 16. VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Each parties has had the opportunity to review this agreement and their legal rights with an attorney. Thomas D. Gould, is not the attorney for Tory nor Lynn. Mr. Gould has been acting only as a mediator for Tory and Lynn assisting them in reaching a mutually acceptable resolution. 17. WAIVER OF CLAIMS AGAINST ESTATES 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, dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator/executor of the other's estate. 18. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 19. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities 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 default of the same or similar nature. 20. PRIOR AGREEMENTS It is understood and agreed that any prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void. 5 21. 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. 22. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 23. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties set their hands and seals b .? 1 2 < b 17 Witness Dat ORY N. KEEFER 77-wz?_ ac*? C)- Witness Date IffNN M. KEEFER 6 Commonwealth of Pennsylvania ss County of CmbtrI alnd PERSONALLY APPEARED BEFORE ME, this DI day ofN3QnLA a(N y , 2009, a notary public, in and for the Commonwealth of Pennsylvania, TORY N. DEFER, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. C " IV 1 J?U-2? Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Leole M. Gould, Notary Public Lower Allen Twp., Cumberland County My Commission Expires April 29, 2012 Member, Pennsylvania Association of Notaries Commonwealth of Pennsylvania t_ : ss County of C' tMer-?a nd . P PgnNTAT,T,Y APPEARRD BEFORE ME, this .5 day of I-CAOtttQr"Y, 2009, a notary public, in and for the Commonwealth of Pennsylvania; LYNN M. KEEFER, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Leola M. Gould, Notary Public Lower Allen Twp., Cumberland County Commiaelon Expltea 20 ,2012 Member, POMOVIaania i a M Of otariea 7 C --+ t ' U d r > Ut LYNN M. KEEFER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007 - 0198 CIVIL TERM TORY N. KEEFER, IN DIVORCE DEFENDANT ACCEPTANCE OF SERVICE I, TORY N. KEEFER, accept service of the Divorce Complaint in the above captioned matter. Dated: T N. KEEFER 1928 STATE STREET HARRISBURG, PA 17103 DEFENDANT -t'1 ? 4 ? ? ?' ?`, ? T C!_` Q ?. , 4 {? ?, ?,' , f y _ _- ? ? LYNN M. KEEFER, PLAINTIFF V. TORY N. KEEFER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 0198 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on Ylv)ov I I J007 , 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: d-15-10'f -h' , L M. KEEFER ° -art ? f?i r s ' rrZ C.'°T LYNN M. KEEFER, PLAINTIFF V. TORY N. KEEFER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 0198 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: ? Z 5 /0 LYN M. KEEFER 61 ? o " r (14t r rri ? ET 1 Fn LYNN M. KEEFER, PLAINTIFF V. TORY N. KEEFER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 0198 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on js.,k..r„ If, zoo? , 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 2 //0 91 Y N. KEEFER o C .°n -n -OCT; rY;„ M rn } C ? C,3 LYNN M. KEEFER, PLAINTIFF V. TORY N. KEEFER, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NQ. 2007 - 0198 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: TOR . KEEFER r-a -10 tx, rn nl Ln LYNN M. KEEFER, Plaintiff V. TORY N. KEEFER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 0198 CIVIL TERM CIVIL ACTION - LAW DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the 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: On January 15, 2007, Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff, February 5, 2009; By January 21, 2009. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on February 6, 2009. Date Defendant's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on February 6, 2009. cL! Lb. >69fy Thomas D. Gould, Esquire Mediator V-2 0- f? IN THE COURT OF LYNN M. KEEFER ;CUMBERLAND CO V. ; TORY N. KEEFER NO. 2007 - 019 DIVORCE DECREE AND NOW, 10 7;OOq , it is o LYNN M. KEEFER , plaintiff, and TORY N. KEEFER COMMON PLEAS OF JNTY, PENNSYLVANIA CIVIL TERM and decreed that defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be c alimony pendente lite if any economic claims remain pending The court retains jurisdiction of any claims raised by th for which a final order has not yet been entered. Those claii claims remain indicate "None.") THE PROPERTY AND SEPARATION AGREEMENT DATED an order for parties to this action areas follows: (If no UARY 5, 2009, IS HEREBY INCORPORATED INTO THIS DECREE I DIVORCE. By the Cou -? ? 114\ Attest: Prothonotary 91 LYNN M. KEEFER, VS. TORY N. KEEFER, Plaintiff ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-198 CIVIL TERM CIVIL ACTION - LAW MOTION TO MAKE RULE ABSOLUTE AND NOW comes Samuel L. Andes, on his own behalf, and moves the Court to Make Absolute the Rule issued on 19 August 2008, on his Request for Leave to Withdraw as the attorney for the Defendant, based upon the following : 1. The moving party herein is Samuel L. Andes, who had been retained as the attorney for the Defendant in this matter, Tory N. Keefer. 2. On 18 August 2008, Mr. Andes filed a Motion for Leave to Withdraw as Counsel for the Defendant. 3. This court, by the Honorable M.L. Ebert, Jr., Judge, issued a Rule to Show Cause upon the Defendant and Plaintiff's attorney in response to Mr. Andes' Motion for Leave to Withdraw. That Rule was dated 19 August 2008 and was returnable twenty days after service by regular mail. A copy of that Rule is attached hereto and marked as EXHIBIT A. 4. Mr. Andes duly served a copy of this Court's Order upon both the Defendant Tory N. Keefer and the Plaintiffs attorney, Carol J. Lindsay, Esquire, by the end of August 2008. 5. To date, neither Mr. Keefer nor Ms. Lindsay have filed any response to this Court's Rule. Mr. Andes, in fact, has had no communication from either of them regarding this case since August of 2008. WHEREFORE, Samuel L. Andes, moves this court to make absolute the Rule issued in this matter on 19 August 2008 to permit him to withdraw as counsel for the Defendant Tory N. Keefer. Samuel L. Andes Attorney-at-Law Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361-- I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 3 1 M, `/C-An 2?c7. i SAMUEL L. AN S CERTIFICATE OF SERVICE I hereby certify that on 2 April 2009, 1 served a copy of the foregoing document upon Defendant and Plaintiffs attorney by U.S. Mail, postage prepaid, addressed as follows: Tory N. Keefer 62 Woodmyre Lane Enola, PA 17025 Carol J. Lindsay 26 West High Street Carlisle, PA 17013 Amy M. arkins cretary for Samuel L. Andes AUG 19 2008 LYNN M. KEEFER, Plaintiff ) VS. ) TORY N. KEEFER, ) Defendant ) ORDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-198 CIVIL TERM CIVIL ACTION - LAW AND NOW this 1 day of 2008, upon consideration of the attached Motion, a Rule is hereby issued upon the p es to show cause, if any they have, why Mr. Andes should not be granted leave to withdraw as counsel for the Defendant in this matter. Rule to be served upon the Defendant and Plaintiff s counsel by regular mail and shall be returnable 2,0 days from the date of service. BY THE COURT: J. DISTRIBUTION: Tory N. Keefer, 62 Woodmyre Lane, Enola, PA 17025 Carol J. Lindsay, Attorney for Plaintiff, 26 West High Street, Carlisle, PA 17013 I . LYNN M. KEEFER, VS. TORY N. KEEFER, Plaintiff Defendant ORDER AND NOW this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-198 CIVIL TERM CIVIL ACTION - LAW day of , 2008, upon consideration of the attached Motion, a Rule is hereby issued upon the parties to show cause, if any they have, why Mr. Andes should not be granted leave to withdraw as counsel for the Defendant in this matter. Rule to be served upon the Defendant and Plaintiff's counsel by regular mail and shall be returnable days from the date of service. BY THE COURT: J. DISTRIBUTION: Tory N. Keefer, 62 Woodmyre Lane, Enola, PA 17025 Carol J. Lindsay, Attorney for Plaintiff, 26 West High Street, Carlisle, PA 17013 Samuel L. Andes, P.O. Box 168, Lemoyne, PA 17043 LYNN M. KEEFER, Plaintiff VS. TORY N. KEEFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-198 CIVIL TERM CIVIL ACTION - LAW MOTION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW comes Samuel L. Andes and moves the Court for leave to withdraw as the attorney for Defendant, Tory N. Keefer, in the above matter, based upon the following: 1. The moving party herein is Samuel L. Andes an attorney admitted before this Court and the other Courts of the Commonwealth of Pennsylvania, who maintains his principal offices at 525 North 12' Street, Lemoyne, Pennsylvania. 2. Mr. Andes has represented the Defendant in the above matter since shortly after it was filed. 3. Mr. Andes is no longer able to satisfy his obligations to the Defendant or to this Court as Defendant's counsel for the following reasons: A. Defendant has ceased communication with Mr. Andes; B. Defendant has repeatedly disregarded or failed to heed Mr. Andes' advice; C. Defendant has failed to comply with orders of this Court despite Mr. Andes' advice that he do so. 4. Mr. Andes has provided Defendant and Plaintiff s counsel with a copy of this motion and advised them he will file the motion shortly. 5. Mr. Andes has not been able to communicate with Mr. Keefer to determine whether he opposes this motion. 6. Proceedings in this matter have previously been before the Honorable M.L. Ebert, Jr., Judge of this Court. Respectfully submitted, Samuel L. Andes Attorney-at-Law P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 w CERTIFICATE OF SERVICE I hereby certify that on $ I'$ ? 8 2008, I served a copy of the foregoing document upon Defendant and Plaintiff's attorney by U.S. Mail, postage prepaid, addressed as follows: Tory N. Keefer 62 Woodmyre Lane Enola, PA 17025 Carol J. Lindsay 26 West High Street Carlisle, PA 17013 S el L. Andes Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 w f J r? ° 3 r 1 ARY r 1 AR 22 t LYNN M. KEEFER, Plaintiff vs. TORY N. KEEFER, Defendant ORDER APR 2 3 2009 ?4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-198 CIVIL TERM CIVIL ACTION - LAW AND NOW this II ON day of ? Dr... \ , 2009, upon consideration of the Motion attached, we hereby make absolute the Rule we issued in this case on August 19, 2008 and hereby grant Samuel L. Andes, Attorney-at-Law leave to withdraw as counsel for the Defendant Tory N. Keefer in this matter. The Prothonotary is directed to indicate in its records that Mr. Andes no longer represents Tory N. Keefer. BY THE COURT: \\ J. DISTRIBUTION: .8"a'muel L. Andes, Esquire (Moving Party) 525 North 12"' Street, P.O. Box 168, Lemoyne, PA 17043 rol J. Lindsay, Esquire (Attorney for Plaintiff) 26 West High Street, Carlisle, PA 17013 ?ry N. Keefer, pro se (Defendant) 62 Woodmyre Lane, Enola, PA 17025 4 i A S? I?` a 'I-U ?0 LYNN M. KEEFER, Plaintiff vs. TORY N. KEEFER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-198 CIVIL TERM CIVIL ACTION - LAW PRAECIPE Please withdraw my appearance for the Defendant Tory N. Keefer in the above matter, in accordance with this court's Order of 27 April 2009. 5 May 2009 Samuel L. An s Attorney-at-Law Supreme Court ID # 17225 525 North 12`f' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 RLE 2009 M A' f r, emu..`..