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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '* PENNSYLVANIA
PAMeLA L. KEISER,
Pldntiff
"('!'!olIlS
PAV!D K. KEISER,
Def",ndant
No. 9:H\l4'l
II)
DECREE IN
DIVORCE
AND NOW,.., .V~, '21,.. 1911"',. It I. ordered and
decreed that, . , ' . , , . , , ' . ,PAMELAL.t!EISEIl. . , , , , . . . ' .., , , , , . '. plaintiff,
and. ., .. " , , " , . " , , " , ' . ,lJAVllJ. K. KElSl'Jt . , " , , ". d.fendant,
are dlvorc.d from the bonds of ma!rlmony.
The court retains jurisdiction of the following claims which have
b..n rals.d of record In this Delion for which a final ord.r has not yet
b..n entered; toN2...
.!lll~J;"tion,"nd,l'roperty, Sl!tLJl!lOOnt ^qcoolllontdiltlld ,l)lJ{;,lJmbtH,IIl., 111116.,16.
.~I1GQJ;pQ~"ted, ioto this, [Jeeree. . . 'J ' , , . . . , . , ,
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Ueparati21LlUllL l'.r.Q1l11.W_ Settlement Aqreement
TIllS AGREEMENT, made this J'i!:l day of J)lu..d:l(;"I
-
1996, by and between PAMILA L. KIIBIR of carlisle, cumberland
county, Pennoylvania, party of the first part, hereinafter
referred to ao "Wire" and DAVID K. KI!IIBI!IR of Mechanicsburg,
cumberland county, Pennsylvania, party of the second part,
hereafter referred to as "lIusband".
WITNESSETlIl
WIIEREAS, in consequence of disputes and unhappy
differences, the parties have been living separate and apart from
each other; and
WHEREAS, the parties desire to confirm their separation
and make arrangements therewith, including the division of their
marital property and other rights and obligations growing out of
their marriage.
NOW, THEREFORE, in consideration of the covenants and
promises hereinafter to be mutually kept and performed by each
party, as well as for other good and valuable consideration and
intending to be legally bound it is agreed as followSl
1. It shall be lawful for each party at all times hereafter
to live separate and apart from the other party at such place or
places as he or she from time to time may choose or deem fit.
2. Except as herein otherwise provided, each party hereby
releases the other from any and all claims, or demands up to the
date of execution hereof.
Pamela L. Keiser
)/ J<
_1___
David K. Keioer 7J,tJ{
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(c)
Encumhr,lllCH Oil lIuahiHl<J'B viln; illld
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((I)
Lowu'a (.HU' L,"i l<<lld
(ll) Medi",ll hll]s In ttw lIaml' ul I',lmelil I.. Keiser
which are aD fullows:
(I.)
Carlisi..! lIospitill (h'lIlI'J/l-'.I)
$ J';, 70
(ii) A,'/,. Hit7miln & A!'HlOL'" ll1c. (1lIlOhIl400)
$207.00
(Ii i) lIoly lipid! lIospllill (',b<J;!01l2) $220,]1
(iv) A.Z. H1t7.man' ASIiOC., Inc, (11076714)
$5!1. 00
(v) Community General Osteopathic 1I0sp.
(272]17]4]8) $45.00
(vi) lIoly I>pirlt Hoepit'll (h407704) $1]1.00
(vii) Holy Ilpirlt 1I0spitilJ ((>111880) $2]0.00
(viii) lIo]y Ilpirit 1I0spital (h418b2<J) $229.00
Regarding the aforesaid expenses, lIushand agrees to
indemnity and save harmless Wite tram any and all ~laimD and
demands made against her by reilson 01 such debts or obligations.
b. Each party relillquiohes any right, title and interest
he or she may have to any I1n,1 all motor vehicles currently in
pOllllession of the other party. Eilch party ohilll execute any
document II necessary to hllVe aald vehklea property registered in
ths other pal'ty's name with the I'HlllIsylviIIlia Ilepaltment of
'l'tanfipUI-t ilt ion. El1ch IJiIl t Y ..lIii II illl!Hlm.. 11111 t "spone i b I Ij ty of
any encumhrance 011 the motol vehicle recHived hy siiid party, and
l'Ameln L. K9iool' f ( /
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lJiivl<1 K. Keiser "I'!\,.:1__
shall hold harmless and indemnify the other' party from any lOBS
thereon.
6. Except for the items attached lwreto as 1':xhi\Jlt "A",
which shall be the sole ilnd exclusive pl'operty of Wife, the
parties hereto mutually agree that they have effected a
satisfactory diviolon of the furniture, hou~ehold furnishings,
appliances, tools and other household personal property between
them, and they mutually agree that each party shall from and
after the date hereof be the sole and separate owner of all such
property presently in his or her possession whether said property
was heretofore owned jointly or individllally by the parties
hereto. This agreement shall have the effect of an assignment or
bill of sale from each party to the other for such property as
may be in the individual possession of each of the parties
hereto.
7. Each party hereby relinquishes any right, title or
interest he or she may have n or to any intangible personal
property currently titled in the name of or in the possession of
the other party, including, but not limited to, stocks, bondB,
insurance, bank accounts and retirement accounts.
8. Husband and Wife covenant and agree that Wife shall be
entitle to receive one-half (\) of the marital portion of any
retirement/pension which Ilusband is entitle to through his former
employment with Fruehauf, to be implemented through a Qualified
Domestic Relations Order. Ilusband to provide medical inourance
Pamela L. Keiser
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4
David K. Keiser .Jk",-("
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for W II II Ih!ou<jh Du<,ulnlml II, 1"'1/, 01 unt! I WI' u obI., I nK
i nBunllwe Ihrou<)h hl'r oml'l OY"', wh I <'h {'vI'r "vI'nl (,,"'UI'S 'I rMI .
<J. WII., hilH t 11.'d iln ilt'l lOll l(ll HI'OUHit! HUl'porl In the
Domeetlt' RI'lal InnB Off 1<'., ot ('umh"lliln<l l'ounly ilU DR No, 21101.
The part I eo 1l<)ltlU lIuabilllll w I II ('on I I nlw to IlilY und." I he current
order unl II December II, 1'1')/, oil wh ich 11m.. I h" onllJl- wi II
terminale 1H1<1 all IUTeal'e woul,l I,.. <llIe ilnd paYilble Imlnlldial:llly.
'J'he pa!lies agree thllt Iho cunent on1,,! Hhit!J not be modified
regard I ess of Ilny dHln'Jlls 0' (' I!('umat dncea.
10, Wife hereby iI<)I'..,,"
to Irilnsf.n to 1I11Hband I'IJ I of his
\'voir
<In,! I (J We sf the cemetery lots at
1)/ t
j)KK
right, titlo and interelll III
Holling Green Cemetery. Wile uhall, lIpon reqllest, eKocute any
documsnts nucessary to have uald Iota titled in the Bole name of
HUllband.
11. EKcept as otherwise provided herein, Husband shalJ not
pay to Wlte liar WHe to lIuBh/lll<l Ilny BlIm whlltuo8ver alii alimony,
alimony !;llmlllntll,lllJ!, or lor h I IS or her Bupport or ma i ntenanC8.
12. Each party Is repreBentud hy uounsoJ of his or her own
choice, and eftch shall pay hie or her own attorney for all legal
services rendered or to be rendored on his or her behalf.
lJ. Neithet' party has cOlllact.ed not' shall t.hey contract or
incur any deht 01' liability for wh lch tile ollie.' party or hiu or
her property or <Hlta!.", IlIltJlit be . espalls t hI" <llltl each aha II
indemnify Blld lIave the 01111>1 pill I Y halmleBB I rom /IllY /l1l<1 all
cia i mil or demands made il(jid IlBI Ii I In or lie." by I eaBon of debts or
obligat!ollu IllCllrn>lj by 1Ill! olhel 1,,"ly.
Pamel/l I.. KalulH \)l k
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!lllYI,1 K. Kulaer ./)"'-;{'
14. Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the
other party any and all IUl'ther Instrllments that may be
roasonably required to give full force and effect to the
provision of this Agreement.
15. The parties do hereby warrant, represent, acknowledge
and agree that each is fully and completely informed of, and is
familiar with, the wealth, real and personal property, estate and
assets, earnings and income of the other and that each has made a
full and complete dioclooure to the other of his or her entire
assets and liabilities and any further enumeration or statement
thoreof in this Agreement is specifically waived.
IG. Husband and Wife acknowledge that each of them has read
and understands his and her rights and responsibilities under
this Agreement and that they have executed this Agreement under
no compulsion to do so but as a voluntary act.
17. It is further specifically understood and agreed by and
between the parties hereto that each party accepts the provisions
herein made in lieu of and in full settlement and satisfaction of
any and all of said party's rights against the other for past,
present and future claims nn account of support, maintenance,
alimony, alimony I1.@llii~gJll~, counsel fees, costs and expenses,
equitable distribution of marital property and any other claims
of each party, inclUding all claims which have been raised or may
be raised in an action for divorce.
Pamela L. Keiser
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David K. Keiser .))~~
, 1P."!I'"~H',"~'II.lI'I~I'~
lB. Except as may be otherwise specifically provided in
this Agreement, Husband and Wife, for themselves, their heirs,
representatives and assigns, hereby forever releaaes, remises,
discharges and quitclaims the other, and such other's heirs,
representatives, assigns and estate, Crom and with respect to the
following:
(a) All liability, claims, causes of action, damages,
costs, contributions, expenses or demands whatsoever in law or in
equity;
(b) All rights, title, interest or claims in or to
any property of the other, whether real, personal or mixed and
whether now owned or hereafter acquired;
ID All rights of curtesy and dower and all claims or
rights in the nature of curtesy and dower;
(d) All widow or widower's rights;
(e) All rights, title and intereat or claims in or to
the other's estate, whether now owned or hereafter acquired,
inclUding but not limited to all rights or claims:
(I) to take against the other's wi 11;
(ii) under the laws of intestacy;
(iii) to a family exemption or similar allowances;
and
(iv) all other rights or authority to participate
or intervene in a deceased spouse's estate in any way, whether
arising under the laws of Pennsylvanian or any other country,
territory, state or political subdivision.
Pamela L. Keiser ~
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7
David K. Keiser j)~
(f) All rightu ur claims tu allY accounting;
(g) All rights, clAims, demandB, Illlbllities Bnd
obligatlontl arising out 01 Dr In conm,ct lOll with the madtal
relationship or the joint Dwnet'uhip of property, whether real,
personal or mixed;
(h) AI I dghts, claims, ,h,"lill1<lo, Ilabll itios and
obligations ariaing under the provlslonB uf the Penllsylvanla
Divorce Code as the aame may be amended Irom time to time, and
under the pruvisiona of any aimllBr atBtute enacted by any other
country, etate, territory or political SUbdivision;
(I) All rightll, claims, demands, liabilities and
obligations each party now has, or may hereafter have, against or
with respect to the other.
19. 1~is Agreement shall be conatrued under the law of the
Commonwealth of Pennsylvallia. If any provision of this Agreement
is determined to be invalid or unenforceable, all other
provisione shall continue in full force and effe~t.
20. The parties hereby acknowledge that Wlfs has filed a
complaint in Divorce in Cumberland county, claiming that the
marriage is irretrievable broken under the no-fault, mutual
consent provision of uectlon llnl~ of the Pennsylvania Divorce
Code. The parties hereby express their agreement that the
marrlalJs Is Irretrievable broken all'! llxpress thtlll Intent,
contemporaneoualy herewith, to execute any ilnd all affidavits or
other documents necessalY lor the parties to obtain an absolute
d i vorCl1 puruullnt to Hlwtloll I 11I1 ", ot tht' Illvot!:" ('o<lt! . 'rho
PamelA J.. I<(,J I rH!I \\L \- II Ililvllj 1<. I<"laer . ;Jg~/
, 1l~'"''''H,.,~ I H'''~I'-'
parties hereby waive all rights to request court-ordered
counseling under the Oivorce Code. Neither party to such action
shall sesk alimony or support contrary to the provisions of thia
Agreement. It is further specifically understood and agreed by
the partlss that the provisions of this Agreement relating to
equitable diBtribution of property 01 the parties are accepted by
each party as a final settlement for all purpoaes whatsoever, as
contemplated by the Pennsylvania Divorce code.
Should a decree, judgment or order of separation or divorce
be obtained by either of the partlea In this or any other state,
country or jurisdiction, each of the parties hereby consents and
agrees that this Agreement and all of its covenants ahall not be
affected in any way by any such separation or divorcel and that
nothing In any such decree, judgment, order or further
modification or revision thereof shall alter, amend or vary any
term of this Agreement, whether or not either or both of the
parties shall remarry, it being understood by and between the
parties hereto that this Agreement shall survive and shall not be
merged into any decree, jUdgment, or order of divorce or
separation. Notwithstanding the provisions of the Pennsylvania
Divorce code or of any law to the contrary, none of the terms and
provisions of this Agreement shall be sllbjecl to modification by
the court or in any fashion other than as set forth hereinafter.
It is specificallY agreed, however, that this Agreement shall be
subject to enforcement under the provisions of the Pennaylvania
Pamela L. Keiser
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9
David 1<' Keiser
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Large Air Condit 10n81'
chr letmau Lightll
2 or8ndmoth~r8 Sewing Macninlle
Dooks . Paper B~ck
1'100,1 Book Shill t
Brase nook Shelf
End 'rable
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PAMELA L. KEISER,
Plaintiff
V.
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CIVIL ACTION - LAW
IN DIVORCE
NO. 95-2644 CIVIL TERM
DAVID K. KEISER,
Defendant
PRAECIPB TO TRANSMIT RECORD
To the Prothonotary I
Please transmit the record, together with the following
information, to the Court for entry of a divorce decreel
1. Ground for divorcel irrotrievable breakdown under
Section 3301(c) of the Divorce Code.
2. Date and manner of eervice of the Complaintl Certified
Mail, Restricted Delivery, Delivered May 20, 19951 (The original
domestic return receipt ie attached ae Exhibit "A").
3. Date of execution of the affidavit of coneent required
by Section 3301(c) of the Divorce Codel by the Plaintiff--
December 19, 19961 by the Defendant--December 19, 1996.
4. Related claime pending I Separation and Property
Settlement Agreement dated December 19, 1996, is incorporated
into this Decree.
Datedl /l.('l.olf~
Reepectfully submltted,
W 1 am C. Vo e, Esqu re
Attorney ID No. 65208
11 W. Pomfret Street, Suite 2
Carlisle, PA 17013
(717) 249-5373
l'IfaMl:U'tU'^*-lftDUftAIllllANI
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IN THE COURT 0' COMMON PLEAS
or CUMBERLAND COUNTY, VA
CIVIL ACTION - LAW
IN llIVORCE
NO. 95-
, ',~ \
6v
. ,I I~~
PAMJLA L. KEISIR,
Plaint1tf
v.
II I"J.IJ .,U pd 0\\:1,
.') UU"':.Q\
DAVID K. KUSER,
Detendant
_~_c"'<.....__
,., I ~\i ''')0 {X~ (tH'j
COMPLAINT IN DIVORCE
('11 t.l
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HAN'T . YOH'
ATlOIlNIVI AT LAW
11 WIlT I'OMl'IIIT 1f1ll1T, IUITI .
CAAUIlJ,I'A nOli
(11 7) "1-1373
!'AX "11) ...-041'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PAMELA L. KEISER,
Plaintiff
v.
CIVIL ACTION - LAW
IN DIVORCE
DAVID K. KEISER,
Defendant
NO. 95- K I I q l
f', \ ,,\. \. ,\.,
NOTICI TO DI'IND AMD CLAIM RIGHTS
YOU HAVI BIIN SUID 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
entsred 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
Offics of the Prothonotary, cumberland county Courthouse,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE TilE RIGHT TO CLAIM ANY OF THEM.
YOU SIIOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TilE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Fourth Floor, Cumberland county Courthouse
Carlisle, PA 17013
(717) 240-6200
IN 1'HE COURT ot" COMMON PLEAIl ot'
CUMBERLAND COUNTY, PENNSYLVANIA
PAMELA L. KEISER,
Plaintiff
CIVIL AC1'ION - I.AW
IN IHVOHCE;
v.
DAVID K. KEIIlEH,
Defendant
NO. 9~-
COMPLAINT IN .~lY~
AND NOW, this 17th day of May, 1995, comes Plaintiff, Pamela
L. Keiser, by and t,hrough her attorneys, HANFT' VOIlS, and fi les
the following complaint in Divorce, and in support thereof avers
as followSI
1. The Plaintiff is Pamela L. Keiser, who currently residel
at 270 susquehanna Avenue, Enola, Cumberland County,
Pennsylvania.
2. The Defendant is David K. Keiser, who currently re.ide.
at 235 susquehanna Avenue, Enola, cumberland county,
Penn.ylvania.
3. The plaintiff and Defendant are sui juris, and both
parties have been a bona fide resident of the commonwealth of
Pennsylvania for a poriod of more than six (6) months immediately
preceding the filing of this complaint in Divorce.
4. The parties were married on octuber 19, 1914, in
cumberland county, Pennsylvania.
5. Tho marriage is irretrievably broken. Tho foregoing
facts are averred and brought under Ractlons ]]OI(c) or ]]OI(d)
of the Divorce Code of 19HO, ao amended.
1 N 'I'IU: COIlIl'I' OF COMMON PLEAIl 01-'
CIlMIIEIILANll COIlNTV, I'ENNliVLVANIA
l'AMfa.A L. I<t:J!lEll,
l'lalnt! ff
V.
CJVII. ACTION - LAW
IN l> I VOlleJ':
DAVlD 1<. I<EIIlEll,
llefendant
NO. <)',-:<(,44
AffIDAVIT 01 COMIIMT
I. A complaint in dlv(H"E! under "eet ion ])O} (c) of the
Divorce Co(\e was filed on MIIY 1'/, I~~~.
2. The marrialJ" of the Plaintiff ilnd llefendant is
irretrievably broken "nd more than ninety (90) days have elapsed
trom the date of the filing of the Complaint in llivorce.
), I consent to the entry of a tlnal decree in divorce
without notice.
4. I understand that I may loso rights concerning alimony,
division of property, lawyer'g fees or expenses if 1 do not claim
them before a divorce is granted.
~. I understand that the costs of these proceedings will
be paid for by Plaintiff.
6. 1 understand that 1 will not be divorced until a
divorce decree is entered by the Court /lnd that a copy of the
decroo will be sent to me immediately after It is filed with the
l'rothonotuy.
1 verify thllt the I!tlltements madl;! In thio alfld/wit are true
and correct. 1 undetstalHl thllt talBe ntiltemente horoln are made
subject to the penaities of 10 l'a. (;, U. 6ect1on 4!104 relating to
unsworn falsification to IIUIIJ[ldtiel!l,.. ~. 1-)'\ ...\/~
Datedl/t/,,/?/r '1.../U1"I!UJ jfl<~l"",__""L~_~(.t;.k'./
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1 N 'rilE COUll'!, OF COMMON PLEAH OF
CUMIlEIlLAND COUNTY, PENNSYLVANIA
PAMELA L. KEISER,
PIa inti ff
V.
CIVIL ACTION - LAW
lN DIVOIlCE
DAVID K. KEISER,
Defendant
NO. <)1)-2644
AFFIDAVI7_Ql_~QMiItir
1. A complaint in divorce under section 330l(c) of the
Divorce code was filed on May 17, 1995.
2. The marriage of the Plaintiff and Defendant is
irretrievably broken and more than ninety (90) days have elapsed
from the date of the filing of the complaint in Divorce.
3. I consent to the entry of a final decree in divorce
..
without notice.
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expensea if I do not claim
them before a divorce is granted.
5. I understand that the costs of these proceedings will
be paid for by Plaintiff.
6. 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 statementa herein are made
subject to the penalties of 18 Pa. C. S. section 4904 relating to
unsworn falsification to authorities.
)
Dated: 1'Z.~ \~. ~L
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IN TilE coun'l' 01' COMMON PLEAS 01'
PEnny COUNTY, PENNSYLVANIA
PAMELA L. KEISER,
Plaintiff
V.
CIVIL AC1'ION - LAW
IN DIvonCE
DAVID K. KEISER,
Defendant
NO. 95-2644
!AlYER or NOTICE or INTENTION TO REOUEST
ENTRY or A DIVORCE DECREE UNDER
51301(0) or THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce
without notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do
not claim them before a divorce is granted.
3. I understand that I will not be divorced until a
divorce decree is entered by the Court and that a copy
of the decree will be sent to me immediately after it
is filed with the Prothonotary.
I verify that the statementa made in this affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn
falsification to authorities.
Datedl /L/,'/O
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I N TilE COlI/lT 01' COMMON PLEA/J 01'
PEIlIlY COUNTY, PENNIJYLVANIA
""HE!.A 1" I<EI/JEH,
Plaint! tf
v.
CI VI L ACTION - LAW
IN IJIVOHCE
IJAVIIl K. 1<1':1 /JEll,
lJefendant
NO. '1'>-2644
IlAIYlILQr...JIQUQI.,.QI'._lllTU'llON TO RlOUIl8T
JJI1'U~A.JUVOJ!.CI,D.IQJII UNDII!.
IlUl{gLO''l'HIDlYQRQI~1
1. I consent to the entry of a final decree of divorce
without not ice.
2. 1 understand that 1 may 10S8 rights concerning alimony,
division of property, lawyer's fees or expenses if I do
not claim them before a divorce is granted.
J. I understand that I will not be divorced until a
divorce decree is entered by the Court and that a copy
of the decree will be sent to me immediately after it
is filed with the Prothonotary.
I verify that the statements made in this affidavit are true
and correct. I understand that false statements herein are made
subject to the pennltles of 18 Pa. C.S. S4904 relating to unsworn
falsification to authorities.
Datedl 11..-' ,. ~~
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)y L~. //~
David K. Keiser
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IN 1'IlE COUIlT OF COMMON PLEAS OF
CUMBEHLAND COUNTY, PENNSYLVANIA
PAMELA L. KEISER,
Plaintitf
CIVIL ACTION - LAW
IN DIVollCE
V.
DAVID K. KEISER,
Defendant
NO. 95-2644 CIVIL TERM
QUALIFIED DOHE8~_BlMATIOH8 ORDER
AND NOW, this ~_ day of
~
, 1997, upon
consideration of the Property Settlement Agreement dated December
19, 1996, upon receipt of a certified copy of this judgment, the
administrator of the plan shall divide the account of David K.
Keiser into two (2) accounts: one for Pamela L. Keiser consisting
of one-half of the account from the date of employment until the
date of termination of employment, after adjustments for
earnings, appreciation, and contributions; the remaining balance
in the account shall be retained for David K. Keiser.
1'he plan adminiatrator shall distribute to Pamela L. Keiser
the lump-sum amount set aside for her in the account as set forth
below. Receipt of a certified copy of this judgment by the plan
administrator shall fulfill all requirements of the plan as to
notice and request for withdrawal by Pamela L. Keiser.
Distribution to Pamela L. Keiaer shall be made immediately.
This provision is designed to meet the definition of a
Qualified Domestic Ilelations Ordsr under Section 206(d) (3) (e) and
(D) ot the Employee Retirement Income security Act of 1986 as
amended and Section 414(p) (2) and (3) of the Internal Revenue
Code of 1986 as amendod. The requisites for such an order are
, nfo""'."~J'I"'~'tlltlll~"P~
fulfilled in t.he following proviAtonH of thlu tnstnlmUl1t.
The name, address, and soci/ll M>t'llrlty nllmher Ilf tho
participant., David K. Koiaol', IU-ll IlIi fullllwfll
Participant: David K. KeiNer
Address: 121'1 GI'OSS Ilrlve, Mochllnl('lll>llr<j, I'A Hu!)')
social Security No.1 11I2-4b-2119
The name, address, and social security lIumhol' uf thu
alternate payee, Pamela L. Keiser, are liS follows:
Participant: Pamela I.. KelBer
Addressl Lot 'II, I{egenuy Waoda North, Carllslo, I'A 1'/01]
Social Security No. I 191-46-22'1!J
Pamela L. Keiser's interest shall be determlnod by taking
one-half of the plan accumulated during David K. KelBer's
employment. The benefit for David K. Keiaer shall be the balance
of the plan. Pamela L. Keiser's intereat also shall IlIulude any
interest, dividends, or other prm:eode lltl'r I bllt.ah let 0 I'amo III L.
Keiser's share up to the date the plan 10 ilctlllllly IlIvldud. In
addition, Pamela L. Keiser shall he troi\t(ul 111' II ullrvlving OpOUBO
for the full amount of her ahare lint II tho plllll /let 1I11l1 Y i Ii
divided.
The number of payment.s roqll i ro'! Iii (Jnu (I) I nun I he p IlIn.
The name of t.he pliln lor which thla oldl!1 Ilppllon ISI
Fruehauf corporation.
! I"WI~""H\"~' 1111'1) '''Of
The tel'ms and provisions of Ihle inst.rument llre not t.o be
construed tOI
. RequirQ a plan to pl'ovidll !lny t.ype or 101m of benefit or
any option (with Ihe exception ot the payment to Pamela L.
Keiser aD provided abovo) not othorwise provided under the
planl
. Require a plan to provide IlIcreaDod benefits (determined
on the basia of actuarial value) I or
. Require the payment of bsnefita to Pamela L. Keiser,
which are required to be paid to another alternate payee
under another order previously determined to be a qualified
domestic relations order.
l'amu1l\ /" Keiser Ilhall have the duty to notifY the plan
administrator(B) in writing of any change in her mailing address.
It is the intention of the court that the distribution by
the plan to Pamela L. Kl!lser shall be taxable to Pamela L. Ksiser
under the provisions of Section 72(m) (10) and 402(a) (9) of the
Internal Revenue code of 1986. Hubject matter jurisdiction ovsr
the parties i. expressly reserved for the purpose of amending
this Instrument in the event that a plan administrator or any
court of competent jurisdict ion determines that this inlltrument
l10es not meet the definition ot a qualified (Iomootiu relations
order.
If possible, llavt,! K. KelBer shall itllow tills plan to be
amendpd 1'10 that the portion itWill<led to I'amela L. Kalaer is
portllble, a", lun<J au ,loin,! so ,lues not result III IIn adverae tax
, lijololi,,,.,,h.;..IIH'II'j"t
con.equence to Oavid K. KeiBer or the employer.
BY Tilt: (,OUR1',
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v.
IN TilE counT OF COMMON PLEAS OF
CUMBEnl~ND COUNTY, PENNSYLVANIA
CIVIL AC'I'ION - tAW
IN DIVORCE
PAMELA L. KEISER,
PlaintUr
DAVID K. KEIBEn,
Defendant
NO. 95-2644 CIVIL TERM
DU~LIrIID DONIITIC alLATlaMI DaDI.
IT IS llEJlEBY ORDEJlED AS FOLLOWS I
1. Thh order cnatee and ncognh.. the existence of an
Alternate Payee's right to receive a portion of the participant'.
Total Account Balanoe accumulated under an employer-.ponsored
defined benafit plan which ia qualiried under I 601 of the %nternal
Revenue Code (the "COde") and the Employee Retirement Inoome
Security Act or 1974 ("ERISA"). It ie intended to constitute a
Qualified Domeatic Relationa Order ("QDRO") under I 414(p) or the
Code and S 206(d) (3) or EnISA.
2. The name, addreas, birth date, and aooial security number
or the plan "Participant" arel
DAVID K. KEISER
1217 Groaa Drive, Mechanicaburg, PA 17055
Birth Datel 12-16-54
Social Security Numberl 182-46-2139
3. The name, addreaa, birth date, and social aecurity number
or the "Alternate Payee" arel
PAMELA K. KEISER
Lot 71, Regency Wooda North, Carlisls, VA 11013
Birth Datel 6-13-51
social security Number I 191-46-2218
.. The Name of the Plan to which thie order appliee is the
Freuhaf Trailer corporation Retirement Plan, hsreinafter referred
to as the "Plan".
5. This Order ia entered pursuant to the authority granted in
23 p.C.S.A S 3502.
6. This Order relates to the provision or property right. to
the Alternate varee as a reault or the Divorce Decree between
Participant and A ternat. pay.e iSBued on December 19, 1996, which
Incorporated a Separation and Property Settlememt Agreement
("Agreement") .
1. The Agreement ..eigns to Al ternate Payee an amount equal to
the actuarial equivalent of 50\ or the Participant's vested accrued
benetlt under tho Plan aB of December 23, 1996. The Defined
I
Retirement Benefit will be divided into two separate accounte, one
for the Participant, and one for the Alternate Payee.
B. The Alternate Payee shall be paid her benefite ae eoon ae
administratively feadble under the Plan. The Partioipant will
attain the al1e of 55 on December 16th, 2009. Ae th18 18 the
earliest age of retirement under the Plan, the Alternate Payee will
be paid ae eoon ae administratively feasible after thie date. The
Alternate payes ehall be paid in installments ae the Plan providee.
9. On and after the date th18 Order 1& deemed to be a
Qualified Domeetio Relations Order, but before Alternate Payee
reoeives her distribution from the Plan, she will be entitled to
all of the ril1hte and benefits that a survivinl1 spouee would be
afforded.
10. This Order is not intended, and ehall not be construed in
such a manner as to require the Planl
(a) to provide any type or form of benefit option not
otherwise provided under the terms of the Planl
(b) to require the Plan to provide increased benefits
determined on the basis of actuarial valuel or
(c) to require the payment of any benefits to the
Alternate Payee that are required to bs paid under
another Order previously deemed to be a QDRO.
11. All payments made pursuant to this order shall be
conditioned on the certification by the Alternate Payee and the
Participant to the Plan Administrator of such information ae the
Plan Administrator may reasonably require from such partiee to make
the necessary calculation of the benefit amounts oontained herein.
12. In is the intention of the parties that this QDRO continue
to qualify as a QDRO under 5414(p) of the Internal Revenue Code, as
it may be amended from thle to time, and the Plan Administrator
shall reserve the riqht to to reconfirm the qualified statue of the
Order at the time benefits become payable hereunder.
13. It is the intention of the Court that the Alternate Payee
be required to pay the appropriate Federal Income Tax on the
distribution of the Plan as under 5402 (a) (1) and 572 of the
IntErnal Revenue Code.
14. In the event that the Plan Trustee pays to the Participant
any benefits that are assiqned to the Alternate Payee pursuant to
this Order, the Participant shall immediately reimburse the
Alternate Payee to the extent that he has received such benefit
payments in error, and shall pay such amount to Alternate Payee
within ten (10) days of receipt.
15. The Court shall retain oriqinal jurisdiction to maintain
the oriqinal intent of the parties as stipulated herein, or for the
purpose of amendinq this illBtrument in the event that a plan
administrator or any court of competent juriediction determines