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HomeMy WebLinkAbout02-4960REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attomeys for Plaintiff ILDA STEINKE, Plaintiff PETER E. STEINKE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. o2 qe,. c5 CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you 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. When the ground for 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 Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLA1M FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff ILDA STE1NKE, Plaintiff PETER E. STEINKE, Defendant : NO. : CIVIL ACTION - LAW : IN DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AVISO PARA DEFENDER Y RECLAIMAR DERECHO$ USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las pfiginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decisi6n puede tambi6n ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando Ia base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales est~i disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff ILDA STE1NKE, Plaintiff PETER E. STEINKE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D~ OF THE DIVORCE CODE 1. Plaintiff is Ilda Steinke, an adult individual who currently resides at 2290 North Delaware Drive, Easton, Northampton County, Pennsylvania 18040. 2. Defendant is Peter E. Steinke, an adult individual who currently resides at 100 North 23rd Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. Virginia. The Plaintiff and Defendant were married on December 27, 1986, in Arlington, 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are three (3) children of this marriage under the age of eighteen years, namely Nicole Steinke, date of birth August 11, 1988; Eric Steinke, date of birth July 4, 1990; and Markus Steinke, date of birth October 11, 1992. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file a 3301 (d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. COUNT I EQUITABLE DISTRIBUTION 12. Paragraphs one (1) through eleven (11) of this Complaint are incorporated herein by reference. 13. marriage. Plaintiff and Defendant have acquired property, both real and personal, during their 14. The parties have acquired marital debt during the marriage. 15. this matter. Plaintiff and Defendant may be unable to resolve amicably the property issues in WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. Respectfully Submitted, Date: By: REAGER & ADLER, PC JOA'~E HARRISON CLOU Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 H, ESQUIRE Attorneys for Plaintiff 4 VERIFICATION I, Ilda Steinke, verify that the statements made in this Complaint are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date: Ilda Steinke II,DA STEINKE, Plaintiff Vo P~ E. STEINKE, Defendant · IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-4960 Civil Term · ClVILAC'I~ON- DIVORCE PRAECIPE TO WITHDRAW/F_2qTER APPEARANCE TO ~ PROTHONOTARY: Please withdraw my appearance Defendant, in the above-captioned case. as attorney for Peter E. Steinke, 'Edward J. Weintr~u~, Esquire_ / Please enter my appearance as attorney for Pet{.r E. Steinke, Defendant, in the above-captioned case· DATED: rl F. Blair, Esquire Supreme Court ID 45513 5440 Jon.estown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541.-1428 ILDA STEINKE, Plaintiff VS. PETER E. STEINKE, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-4960 · CIVIL ACTION-LAW · IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 11, 2002. 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 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: .,4./r//~.,~ ~//,r~ ILDA STEINKE, VS. PETER E. STEINKE, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4960 : : CIVIL ACTION-LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: ILDA STEINKE, Plaintiff VS. PETER E. STEINKE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4960 : : CIVIL ACTION-LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, PETER E. STEINKE, defendant, verify that I hereby accept service of the Divorce Complaint on the date set forth here below. Date: ] tO PETER E. STEINKE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~t'~ day of April, 2003, by and between ILDA STEINKE, (hereinafter "WIFE") and PETER E. STEINKE, (hereinafter "HUSBAND"); WI TN E S S E T H: WHEREAS, the parties hereto were married on December 27, 1986, in Arlington, Virginia; and separated on May 21, 2002; and WHEREAS, the parties have three (3) children of this marriage; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Debra Denison Cantor, Esquire of Reager & Adler, PC. HUSBAND is represented by Nora F. Blair, Esquire. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge m~d disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. A divorce action was filed by Wife with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 02-4690 on October 11, 2002. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement or upon expiration of ninety (90) days after the service of said comp|aint on Husband. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall conffnue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of thi.s Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally release~,; the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania,, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURES. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is; not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the joint owners of the following real estate: A. 100 N. 23ra Street, Camp Hill, PA 17011~ This property is the marital home and has an estimated value of $250,000.00 and a present mortgage balance due and owing of $115,000.00 to Country Wide Mortgage and $30,000 to HUSBAND'S mother. The parties agree that HUSBAND shall retain this property. HUSBAND agrees to indemnify and hold harmless WIFE for all payments associated with the property including the mortgage, taxes, utilities, and insurance. WIFE agrees to execute a Deed, prepared by HUSBAND'S cour[sel, transferring her interest to HUSBAND concurrently with the execution of this Marital Settlement Agreement. HUSBAND shall refinance or otherwise remove WIFE'S name from the mortgage balances within ninety (90) days of the execution of this agreement. Said deed shall be held in escrow by WIFE'S counsel until such time as WIFE'S name is removed from the mortgage obligation. HUSBAND specifically agrees to indemnify and hold WIFE harmless from any and all obligations the parties owe to his mother, Inga Fiebiger. B. 2172 Rear Chestnut Street, Camp Hill, PA 17011 The estimated value of this property is $40,000.00 and there are no mortgages or encumbrances on the property. WIFE shall retain the! property located at 2172 Rear Chestnut Street, Camp .Hill, PA, 17011. HUSBAND shall execute all documentation necessary to transfer his interest in said property to WIFE 'within ten (10) days of a request to do so. C. 110/112 N. 21st Street, Camp Hill, PA 17011 The property at 110/112 North 21st Street, Camp Hill, PA, was sold and the monies escrowed. Pursuant to an agreement dated September 4, 2002, WIFE received $5,000 and HUSBAND received $20,000 from said account as an advance on equitable distribution. Pursuant to an agreement dated December 12, 2002, WIFE received $10,000 as an advance on equitable distribution. The current balance of said account is approximately $76,000. HUSBAND has received an additional $5,000 from said account and WIFE shall receive the balance. Each party hereby waives any additional claim to said proceeds. 8. DEBTS. The parties had the following debt obligations: VISA account # 4313016621267624308 with a balance of $8,635.00 and MasterCard account # 5416215189007966 with an outstanding obligation of $1,500.00. Said obligations were paid from a distribution from the escrow account. The parties agree that there is no additional marital debt. If a party has acquired debt since separation, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liabilJ!ty for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 9. INHERITANCE. WIFE received a non-marital inheritance during the course of the parties' marriage. HUSBAND hereby waives any right, title, and interest he ~nay have in said inheritance. In addition, WIFE, from her inheritance money, has issued a loan of $9,000.00 which is being repaid at $207.00 per month. HUSBAND waives any right, title, and interest he may have in that repayment of said loan. 10. RETIREMENT BENEFITS. HUSBAND has an IRA with First Investors. WIFE ]hereby waives any right, title, or interest in said IRA(s). WIFE is the owner of a retirement account obtained through her employment with JC Penney at account number 199-52-8429. HUSBAND hereby waives his right, title and interest to WIFE's 401(k). The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during marriage, and post-separation. The individual who holds said benefits shall own the property solely and individually. ]Each party waives their right to title and interest to the other party's benefit. 11. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 12. PERSONAL PROPERTY. Attached hereto as Exhibit "A' is a list of personal property to be retained by HUSBAND. Attached hereto as Exhibit "B' is a list of personal property to be retrained by WIFE. Upon her relocation to Camp Hill, WIFE shall be given the opportunity to pick-up such items from the home with due notice to HUSBAND. The parties may agree to additional personal property distribution. However, at the time WIFE removes personal property from the home, the parties waive any right, tiE[e, and interest in the personal property retained by the other. 13. VEHICLES. The parties are owners of a 1992 SAAB 900 CD, a 1995 Nissan Quest GXE, and a 1989 Jeep Grand Wagoneer. WIFE shall retain the 1992 SAAB and HUSBAND hereby waives and right, title, or interest that he may have in said vehicle. HUSBAND shall retain the 1995 Nissan Quest and the 1989 Jeep Grand Wagoneer and WIFE hereby waives and right, title, or interest that she may have in said vehicles. The parties agree to execute any and all documentation necessary to effectuate said transfer. Both parties acknowledge that the Nissan Quest is subject to an encumbrance of $4,000.00. HUSBAND agrees to be solely responsible for the repayment of said debt and agrees to indemnify and hold WIFE harmless from said obligation HUSBAND purchased a 1999 Maxima post-separation. WIFE hereby waives any right title and interest in this vehicle. 14. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by' the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 15. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release amy rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 16. CHILD SUPPORT/CHILD CUSTODY. A. WIFE has a child support action pending in Northampton County, Pennsylvania for the support of the parties' three children. Upon execution of this agreement, WIFE shall withdraw said complaint and agrees not to seek child support from now until her return to Camp Hill. B. Per the agreement of the parties, Mother has exercised primary physical custody of the children since August 2002. Concurrently with the execution of this agreement, the parties are executing a new custody agreement providing for shared physical custody beginning in June 2003. 17. TAX DEDUCTIONS As long as the parties share physical custody, in odd numbered years, HUSBAND shah claim Nicole and Eric and WIFE shall claim Markus for tax purposes. In even numbered years, WIFE shall claim Nicole and Eric and FIUSBAND shall claim Markus for tax purposes. 18. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 19. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and aH costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 20. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (d.) The right to have all property identified and appraised; The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 21. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 22. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 23. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 24. 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. 25. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared johatly by the parties. Witness IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. PETER STEINKE COMMONWEALTH OF COUNTY OF the ,~____ day of /'/~,"/ , 2003, before me, a personally appeared .~_.1~ ~'~/-q. , known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary Public My Commission Exvires: I - NOTARIAL S~AL ~ MONICA C. SURANOFSKY, Notary Public I Easton, Northampton County. PA COMMONWEALTH OF [,MY Commission Expires M~a~ 24, 2004 SS. COUNW OF On the ~ '~ day of ,~--~-, 3, , 2003, before me, a Notary Public in and for the Common~e~aith of Pennsylvania, the undesigned officer, personally appeared f~_~-.~ ,t _f.<~ ~,~z , known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. l~ota~y ~ublic ~ My Corrm'tission Expires: N0m F. BI, Ir, _l~teJy I~ublic ~,k~, ?er Palden'l~., DalJllhln Coonty 5' O.,ommlsslen Expit~ May 1 o, 2003 ATTIC: BEDROOM: VESTIBULE: LIVING ROOM: DINING ROOM: OFFICE: KITCHEN: BASEMENT: GARAGE: Miscellaneous: ski boots, bicycle. HOUSE PROPERTY DISTRIBUTION (Husband) Blue Sofa, Blue Chair, Round Table, TV & Dish system (he will take Two dark brown Dressers, Matching mirror stored in garage, Two Military Medallion fi.ames, Uptight desk Books Dining Room Set, Stereo, Speakers Shelving Unit Beer Steins, Feibiger Glasses Bunk Beds, Two-drawer Wooden Cabinet Matching mirror to Bedroom Set Some towels, sheets, linens, some of children's photographs, sone kid Bed parts in garage need to go to sister Connie's home. EXHIBIT "A" HOUSE PROPERTY DISTRIBUTION (Wife) Living Room: 4 Old Oak chairs and table refinished to match,, Old oak click refinished by my dad, 2 refinished end table pieces that belonged to my grandfather, Grandfather's rocking chair, Grandmother's rocking chair Vestibule: Oak Library table, Cathy's fold-up desk Dining Room: Dad's sea chest EXHIBIT "B" ILDA STEINKE, Plaintiff VS. PETER E. STEINKE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4960 : CIVIL ACTION-LAW : IN DIVORCE AFFIDAVIT Oi~ CONSENT 1. A Complaint in Divorce under Section 3301(¢) of the Divorce Code was filed on October 11, 2002. 2. The marriage of Plaintiff and Defendant is in'etrievably 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 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom~ O~ falsification to au~ ~ Date: {~. ~ p~.~TER~E. STEINKE~'~ ILDA STE1NKE, Plaintiff VS. PETER E. STEINKE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 02-4960 : : CIVIL ACTION-LAW : IN DIVORCE WAIVER OF NOTICE_OiF__[XTE]SLTIOJSLXO_~~ OF DIVORCE DECREE UNDER 8_ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divome 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: ~~~- 03 ~~ ET~E~R E. STEINKE ILDA STEINKE, PETER E. STEINKE, Plaintiff Defendant IN THE COURT (DF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4960 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Ground for divorce: II~etrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on the 22nd day of October, 2002. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Ilda Steinke, Plaintiff, on April 7, 2003; by Peter E. Steinke, Defendant, on June 9, 2003. 2003. Related claims pending: Settled by Marital Settlement Agreement dated April 3, Prothonotary: Prothonotary: Date Plaintiff's Waiver of Notice in § 3301(c) Divorce was fried with the April 21, 2003 Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the June 13, 2003 Respectfully submitted, REAGER & ADLER, PC 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff IN THE COURT OF COMiVION PLEAS OF CUMBERLAND COUNTY STATE OF .~_ PENNA. ILDA STEINKE VERSUS PETER E. STEINKE N O. 02-4960 DECREE IN DIVORCE -- · , - ./~ A AND NOW,~~ , IT IS ORDERED AND DECREED THAT ILDA STI~INKI~ , PLAINTIFF, ~ aND PETER E. STEINKE , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION fOR WHICH A FINAL ORDER HAS NOT Yet BEEN entered; The terms of the parties' Marital Settlement Agreement dated April 3, 2003 and attached hereto are incorporated herein but not merged herewith. PrOThONOTArY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff VS. Defendant File No. oz- 4%0 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the prior surname of /~J.A'~ ~, this written notice pursuant to hereby elects to resume the ~t~A .~ , and gives the provisions // S~ of'~am~ being resumed COMMONWEALTH OF PENNSYLVANIA: COUNTY OF : On the /~/~ day of ~/~ , ~, before me, a Notary Public, personally appeare~ the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In WiLness Whereof, I seal. · NOTARIAL sEAL '3 ~NA MONTORO-NAPOLI, Notary Public ! ~MNy~~Easton, Northampton Counb], PA / have hereunto set my band and official ' No-tary Public