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HomeMy WebLinkAbout02-5505Aaron p. Tanya L. Steckley, Plaintiff vs. Steckley, Defendant : IN THE COURT OF COPfMON PLEAs : OF CUMBERLAND COUNTy : PENNSYLVANIA : : CIVIL ACTION NOTICE TO DEFEND the }o~ have been sued in COurt. ~ . . , Claims set forth in tn ~ ~ you wish to defend . prompt action, vA.. ~e zOllowing pages, you m~,~ ~u against Case may ~ro- _~.u.~ are Warned that if you = '- ~o~ ~ake ~ ueeo Without you ~ ~ zall to do so, the ~ ~nu 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 ~rretrievable b~eakdown of the marriage, you may request marriage COUnseling. A list of marriage COUnselors is available in the Office of the Prothonotary at: Office of the Prothonotary Curaberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 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 THE RIGHT TO CLAIM ANy OF THEM. YOU SHOULD TAKE THIs PAPER TO YOUR LAWYER AT ONCE. IF YOU DO 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 717-249-3166 Aaron p. Steckley, : IN THE COURT OF COPLqON PLEAs Plaintiff : OF CUMBERLAND COUNTy vs. : : PENNSYLVANIA Tanya L. Steckley, : CIVIL ACTION Defendant : NO. COMPLAINT IN DIVORCE DUE TO IRRETRIEVABLE UNDER 3301 {c)o~ THE DIVORCE CODE ~REAKDowN 1. Plaintiff is Aaron p. Steckley, residing at Pennsylvania. Erford Road, Camp 2. Defendant is Tanya L. residing at 88 Carona Court, 3. Plaintiff and Defendant are s_~ui .uS_~_~ and have been bona residents of the Commonwealth of Pennsylvania for at least months immediately Preceding the filing of this Complaint. 4 The Parties are husband and Wife and Were lawfully married September 6, 1997, in Cumberland County, Pennsylvania. 5. The marriage is irretrievably brOken. a citizen of Pennsylvania, Hill, Cumberland County, Steckley, a citizen of Maryland, SilVer Spring, Maryland. fide six on 6 Neither Plaintiff nor Defendant are 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. There has been no Prior Instituted by either IUrisdiction. of the action for divorce or annulment parties in this or any other VERIFICATioN · I, Shane ~. Anthony' Verif Divorce COmplaznt a~ Y that ftatements her~ re true and c .... the Statement~ ~4904 relat~ =~'~ are made sub~ ?~ecE. I Unders~ ~ made in the ~ng to Unsw 3ecE to the uand that false orn ~ .... Penalties of f~ar~cation. 18 Pa. C.S. Aaron P. Steckley, Plaintiff vs. Tanya L. Steckley, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION : NO. 02-5505 : IN DIVORCE AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : : ss Mary A. Etter Dissinger, attorney for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, return receipt requested, a true and correct copy of the Plaintiff's Complaint in Divorce in this action to the Defendant at her residence, and that Defendant did receive same as evidenced by the signed receipt dated January 3, 2003 attached hereto as Exhibit "A". Sworn to and subscribed before me this ~-k day of ~-Ctt3L~ ~£y , 2003. Z- I~otary Ma~y A. Eeter D±ssinge'~' Attorney for ~aintiff Supreme Court ID #27736 28 N. Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 · Complete items !, 2, and 3. Also complete item 4 if Restricted Detive~ is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: L. X If YES, [] Agent ~l~Addressee ~)m item 17 [] Yes address below: ,,~No [~Y'Certified Mail [] Registered [] Insured Mail [] Express Mail [] Return Receipt for Merc~ [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~es 2. Article Number (Copy from service labeO QoO[ o0o0 q13 ! PS Form 3811 July 1999 Domestic Returo Receipt EXHIBIT I'A" Aaron P. Steckley, Plaintiff VS. Tanya L. Steckley, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION No.O~ - 5-~~ ~ IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT IN DIVORCE To the Prothonotary: Please reinstate the Complaint in Divorce filed in this matter. Respectfully submitted: DISSINGER and DISSINGER Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court ID # 27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 Aaron P. Steckley, Plaintiff VS. Tanya L. Steckley, Defendant : IN THE COURT OF COMMON PLEAS : OF C~BERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION : NO. 02-5505 : IN DIVORCE AFFIDAVIT OF ~IAILING COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : : SS Mary A. Etter Dissinger, attorney' for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, return receipt requested, a true and correct copy of the Plaintiff.s Complaint in Divorce in this action to the Defendant at her residence, and that Defendant did receive same as evidenced by the signed receipt dated February 25, 2003 attached hereto as Exhibit "A". Sworn to and subscribed before me this '~-~ day of ~r'~ O~/'C~ ~ , 2003. Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court ID #27736 28 N. Thirty-second Street Ca~) Hill, PA 17011 (71'7) 975-2840 · Complete items 1, 2, and 3. Also complete item 4~"Pi~"tlf~ed Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. of Delivery D. Is delive~ If YES. enter [] Agent Addressee i17 []Yes livery address below: [] No :1 Mail [] Registered [] Insured Mail [] Express Mail [] Return Receipt for Merchandise [] C.O.D. ~ : 4. Restricted Delivery? (Extra Fee) ~ ~' Tm~opy from/.,~%'cel~a~.~l) ,-~ ~ ~,, -- _-~-_ -- es · PS ~ Domestic Return Receipt J,~-- . ....... _ _-- ._ [102595-00-M-0952 ;:~ - ,~] · ·, [- Postage & Fees Paid · ' I. USPS ...... · Sender: Please print yO't~r'rl'~me, address,~'~[~;;)-~"~ I O0 AGREEMENT AGREEMENT made this 8th day of November, 2002, by and between Aaron P. Steckley ("Husband"), of Camp Hill, Cumberland County, Pennsylvania and Tanya L. Steckley ("Wife") of Maryland. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on the 6th day of 1997 in Cumberland County, Pennsylvania. There were no children of this marriage. The parties have no other issue, living or deceased, and have no adopted children. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and as a result they have lived separate and apart since August 30, 2002, a proceeding for the divorce of the parties will be filed by the Husband in the Court of Common Pleas of Cumberland County, Pennsylvania. It is the intention of Wife and Husband to live s~parate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including without limitation by specification: the settling of all matters between them relating to tile ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony pendente lite, alimony and/or maintenance of Wife by Husband and of Husband by Wife, and possible claims by one against the other and against their respective estates. NOW THEREFORE, in consideration of the ~bove recitals and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: Husband shall file a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of the Commonwealth of Pennsylvania, and Husband and Wife shall provide Affidavits of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree no later than 100 days after service upon Wife of the Divorce Complaint. Said Affidavits and Waiver shall be promptly transmitted to counsel for Husband who will immediately file a Praecipe to Transmit Record and Vital Statistics form to precipitate the prompt entry of a decree of divorce. 1. EFFECT OF DIVORCE DECREE The parties agree that this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 2. INCORPORATION OF AGREEMENT IN DIVORCE DECREE The purposes of this Agreement are to effect a complete final settlement, with reference to each party of: and bo Ail of the respective property and property rights of the parties, Aaron P. Steckley and Tanya L. Steckley. The obligation of each party for the support of each other, and the parties agree that the terms of this Agreement shall be incorporated but not merged into any final divorce decree which may be entered with respect to them. 3. AGREEMENT NOT TO BE MERGED -2- This Agreement shall be incorporated into the final decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 4. FINANCIAL DI$CLOSIYRE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 5. ADVICE OF COUNSEL The provisions of the Agreement and their legal effect have been fully explained to Husband by his counsel, Mary A. Etter Dissinger, Esquire. Wife acknowledges that she has the right to choose counsel of her own for a full explanation as to the effect of the provisions of this Agreement and she has elected not to do so. Wife represents that she fully understands the facts, and by signing this document without counsel, Wife acknowledges that she will be bound by the legal rights and obligations set forth herein. Wife acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after havin9 chosen not to seek advice of counsel, and she acknowledges that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. In addition, each party hereto acknowledges that, under the Pennsylvania Divorce Code of 1980, 23 P.S. Section 101 e__t. seq., -3- the Court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital ?roperty or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, being fully advised of his or her rights thereunder, each party still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other Court of competent jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation, or any other rights arising from the parties' marriage. 6. REAL ESTATE a. Wife hereby relinquishes all right title and interest in and to the marital residence located at 512 Erford Road, Camp Hill, Pennsylvania. Wife on November 1, 2002, executed a Deed of Conveyance to Husband for the sole purpose and intent of extinguishing all of her right title and interest in and to the marital premises. Husband has refinanced this property in his sole name for the purposes of buying out Wife's interest. Husband agrees that Wife shall have no liability for said mortgage. b. Wife agrees to transfer all right title and interest in and to a cabin owned in part by the parties in conjunction with other parties to Husband. The conveyance of Wife's interest and said real estate to Husband shall extinguish all her right title and interest in and to said West Virginia property. Wife shall, upon presentation by Aaron P. Steckley or his counsel, sign a Deed -4- of Conveyance for the West Virginia property to transfer all her right, title and interest in and to said property. c. In exchange for the conveyances of the real estate and in exchange for all the other promises contained in this agreement, Husband shall on date of execution of this document pay to Wife the sum of $7,350.00. 7. PERSONAL PROPERTY Husband and Wife do hereby acknowl~.dge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of property in the possession of Husband shall be the sole and separate property of Husband, and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife, with the exception that Husband shall retain in his possession for Wife's benefit the following items: · dining room set · DVD player · {2) 19-inch televisions microwave and stand (2} end tables (2} lamps dog and, Wife shall be permitted to get this property from husband any time she chooses to do so. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of each other. Each -5- waives any claim they may have to the pension, retirement and/or profit sharing plan or other retirement benefits of the other. 8. MOTOR~-EHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: The Dodge Ram truck, the van, and the four-wheelers shall become the sole and exclusive property of Husband, subject to their liens and encumbzances. Husband shall hold wife harmless for any and aiL1 liens against said vehicles. The Acura shall become the sole arid exclusive property of Wife, subject to its liens and encumbrances. Wife shall hold Husband harmless for any and all liens against the Acura. 9. LIABILITY NOT LISTED Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement., for which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 10. INDEMNIFICATION OF WIFE If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole -6- expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 11. INDEMNIFICATION OF HUSBAND If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 12. WAIVER OF ALIMONY The parties acknowledge that inflation may increase or decrease, their respective incomes may change, that either may be employed or uhemployed at various times in the future, that their respective assets may substantially increase or decrease in value, and that notwithstanding these or other economic circumstances, the parties acknowledge that they each have sufficient property and resources to provide for her or his reasonable needs and that each is able to support himself or herself without contribution from the other. Therefore, the parties hereby expressly waive, discharge and release any and all rights and claims which they may have now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance and they acknowledge that this Agreement constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each -7- of the respective parties to sustain himself or herself without seeking any additional support from the other party. 13. AFTER-ACQUIRED PERSON/LL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 14. SPOUSA3~ SUPPORT, A~LIMONY PENDENTE LITE, AJ~IMONY Husband and Wife agree and hereby do release and renounce any claim they may have against the other party for spousal support, alimony pendente lite, alimony and maintenance. 15. PROPERTY REL~EASE It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision of this Agreement. Ail property hereunder is transferred subject to all existing encumbrances and liens thereon. The transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such encumbrances or liens. Such party will, at his or her sole expense, defend the other against any such claim, whether or not well founded, and he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The insurance on the property -8- being transferred hereunder is assigned to the party receiving such property, and the premiums on such insurance shall be paid by the party to whom the insurance is assigned. By this Agreement the parties have intended to effect an equitable distribution of their assets. The parties have determined that the division of said property conforms to the criteria set forth in §3501 e__t. seq. of the Pennsylvania Divorce Code taking into consideration the length of marriage; the fact that it is the first marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, lig. bilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the party; the opportunity of each party for future acquisitions of capital assets and income; the sources of incc~me of both parties, including but not limited to medical, retirement, insurance or other benefits; the contributions or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the matrimonial estate. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 16. MI/TUJkL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of -9- and from any and all rights, title and interest or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by law of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as 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 other state, Cormmonwealth or territory of the United States, or any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision of this Agreement. 17. PERSON/kL RIGHTS Wife and Husband may and shall at all times hereafter live separate and 'apart. Each shall be free from any control, restraint, interference or authority, whether direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may also she may select. Each may, conduct, carry on and profession or employment reside at such place or places as he or for his or her separate use or benefit, engage in any business, occupation, which to him or her may seem advisable. -10- Wife and Husband shall not molest, harass, or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred relating to or arising from the marriage between the parties, except that neither party is relieved or discharged from any obligation under this Agreement. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 18. GENERAL PROVISIONS This Agreement shall be effective from and after the time of its execution, however, the transfer of the property provided for herein shall only take place upon the entry of a final decree in divorce. The support provisions of this Agreement shall take effect immediately upon execution. 19. WAIVER OR MODIFICATION TO BE IN WRITING No modification, recission, amendment or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof os default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Any oral representations or modifications concerning this instrument shall be of no force or effect excepting a subsequent modification in w~Sting, signed by the party to be charged. 20. MUTUAL COOPERATION Each party shall on demand execute and deliver to the other party any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other -11- documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 21. LAW OF PENNSYLVANIA APPLICABLE This Agreement and all acts contemplated by it shall be construed and enforced in accordance wi~h the laws of the Commonwealth of Pennsylvania. 22. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors in any interest of the parties. 23. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations other than those expressly set forth herein. 24. ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement, including all Schedules and other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, or has waived the opportunity to do so, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover. -12- 25. INCORPORATION OF SCHEDULES Ail Schedules and other instruments referred to in this Agreement are incorporated into this Agreement as completely as if they were copied verbatim in the body of it. 26. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith {and within ten (10) days after demand therefore execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 27. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party %¢. insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be constructed as a waiver of strict performance of any obligations herein. 28. SEVEP~%BILITY The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void, unenforceable 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. Likewise, the -13- failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 29. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. EXECUTED in triplicate written. on the day ~nd year first above -14- Aaron P. Steckley, Plaintiff vs. Tanya L. Steckley, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION : NO. 02-5505 : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF TNE DIVORCE CODE 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on November 14, 2002, and served upon Defendant, Tanya L. Steckley, who accepted service on February 25, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property, division of property or lawyer fees and expenses if I do not claim them before a divorce is granted. 5. 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. 6. Plaintiff's and Defendant's Waiver of Notice in Divorce are being filed with the Prothonotary as a part respective consent documents. §3301(c) of their 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. falsification to authorities. Date: C.S. §4904 relating to unsworn Steck--ley, Plaintiff Aaron P. Steckley, Plaintiff vs. Tanya L. Steckley, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION : NO. 02-5505 : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on November 14, 2002, and served upon Defendant, Tanya L. Steckley, who accepted service on February 25, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property, division of property or lawyer fees and expenses if I do not claim them before a divorce is granted. 5. 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. 6. Plaintiff's and Defendant's Waiver of Notice in §3301(c) Divorce are being filed with the Prothonotary as a part of their respective consent documents. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Aaron P. Tanya L. Steckley, Plaintiff vs. Steckley, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 02-5505 : IN DIVORCE PP.A~CIPE TO TRAI~SMIT R~CORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: 3301(c) of the Divorce Code. Irretrievable breakdown under 2. Date and manner of service of the Complaint: served upon Defendant on February 25, 2003, by United States Certified Mail. 3. Date of execution of the Affidavit of Consent required by,§ 3301(c) of the Divorce Code: By Plaintiff Aaron P.,Steckley; ~ ~/~'~ , 2003, by Defendant Tanya L. Steckley; ~/~ , 2003. " ' 4. Related claims pending: none. 5. Date Plaintiff's Wai~er of Notice in ~ 3301(c) filed with the Prothonotary: ~f~ 2003. Date Defendant's Waiver of Notice in § 3301(c) filed with the Prothonotary: ~/J~ , 2003. Respectfully submitted, DISSING~RAND DISSINGER Divorce Divorce Date :~/~e/~ ~ Mary A. l~tte~ Di~slnger Attorney for Plaintiff 28 N. Thirty-second Street Camp Hill, PA 17011 717-975-2840 IN THE COURT OF COMMON PLEAS STATE Of AARON P. STECKLEY, PLAINTIFF VERSUS TANYA L. STECKLEY, DEFENDANT OF CUMBERLAND COUNTY p~ PENNA. N O. 02-5505 DECREE IN DIVORCE AARON P. STECKLEY AND NOW, DECREED THAT TANYA L. STECKLEY AND ~l~, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, Are DIVORCED From THE BONDS Of MATRimONY. The Agreement of the parties, dated November, 8, 2002, is incorporated, but not merged in this Decree. THE COURT RETAINS JUR[SDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THiS ACTION for WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; THERE ARE NO OUTSTANDING ISSUES BETWEEN THE PARTIES THAT REMAIN UNRESOLVED. PROTHONOTARY