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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
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PENNA.
",.:rOHN..R."STEFFEE
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Plaintiff '
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PEBORl\i'I ANN ,STEFFEE ,
Defendant
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DECREE IN
J DIVORCE
AND NOW, '\'01/~" ,~'1.,., 19 .if,. it is ordered and
decreed that....,. ~.Ql'!~. ,R,., .$:r.E;F:I;'~j;;"."......"".........., plaintiff,
and. .' ,. ,P.E;~9~N~ ,I;\~!'l. ,~1'?!",F:E;~" ,. .., , ,. " , , , . , ' , , , , , ,. , ", defendant,
are divorced from the bonds of matrimony.
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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;
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WHEREAS, diverse unhappy marital difficulties have
arisen between the parties, causing them to believe that their
marriage is irretrievably broken, as a result of which they have
separated and now live separate and apart from one another, the
parties being estranged due to such marital difficulties with no
reasonable expectation of reconciliation; 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 the ownership of
real and personal property; the settling of all matters between
them relating to the past, present, or future support and/or
maintenance of Wife by Husband or of Husband by Wife; and in
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general, the settling of any and all claims and possible claims
by one against the other or against their respective estate,
particularly those responsibilities and rights growing out of the
marriage relationship; and
WHEREAS, both Husband and Wife have been fully, separately
and independently advised of their legal rights and obligations,
and each covenants that he and she has each made a full and
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complete disclosure to the other of his or her respective
property, holdings and income; and
The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective
counsel. The HUSBAND has employed and had the benefit of counsel
of CONSTANCE P. BRUNT, ESQUIRE, as his attorney. The WIFE has
employed and had the benefit of counsel of CHARLES J. AX, JR.,
ESQUIRE, as her attorney. Each party acknowledges that he or she
has received independent legal advice from counsel of his or her
selection and that each fully understands the facts and has been
fully informed as to his or her legal rights and obligations, and
each party acknowledges and accepts that this Agreement is, under
the circumstances, fair and equitable, and that it is being
entered into freely and voluntarily after having received such
advice and with such knowledge, and 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 he or she has been fully advised by his or her
respective attorney of the impact of the Pennsylvania Divorce
Code, whereby the Court has the right and duty to determine all
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marital rights of the parties, including divorce, alimony,
alimony pendente lite, equitable distribution of all marital
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property owned or possessed jointly or individually by the other
party, counsel fees and costs of litigation, and, fully knowing
the same and being fully advised of his or her rights thereunder,
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each party hereto still desires to execute this Agreement,
acknowledging that the terms and conditions set forth herein are
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fair, just and equitable to each of the parties, and waives his
and her respective right to have the Court of Common Pleas of
Dauphin 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
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distribution of all marital property, counsel fees and costs of
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litigation.
NOW, THEREFORE, in consideration of the premises and of
the promises, covenants and undertakings hereinafter set forth,
and for other good and valuable consideration, the receipt of
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which is hereby acknowledged by each of the parties hereto,
Husband and Wife, each intending to be legally bound hereby,
covenant and agree as follows:
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claiming that the marriage is irretrievably broken under the no-
fault mutual consent provision of Section 3301(c) of the
Pennsylvania Divorce Code. The parties hereby express their
agreement that the marriage is irretrievably broken and express
their intent to execute any and all affidavits or other documents
necessary for the parties to obtain an absolute divorce pursuant
to Section 3301(c) of the Divorce Code as soon as possible. The
parties hereby waive all rights to request Court-Ordered
counseling under the Divorce Code. Neither party to such action
shall ask alimony or support contrary to the provisions of this
Agreement. It is further specifically understood and agreed by
the parties that the provisions of this Agreement relating to
equitable distribution of property of the parties are accepted by
each party as a final settlement for all purposes whatsoever, as
contemplated by the Pennsylvania Divorce Code.
should a decree, judgment or order of separation or
divorce be obtained by either of the parties 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
shall not be affected in any way by any such separation or
divorce; and that nothing in any such decree, judgment, order or
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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 subject 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 Pennsylvania
Divorce Code or, at the option at the aggrieved party, by a suit
against the alleged breaching party either in law or in equity.
3. EFFECTIVE DATE. The effective date of this
Agreement shall be the "date of execution" or "execution date",
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.
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4. DEBTS AND OBLIGATIONS. The parties hereby
acknowledge that there is an outstanding credit card debt due to
VISA as of the date of execution of this Agreement. Upon the
sale of the marital residence, as set forth hereinafter, the
balance due on such account as of the date of execution of this
Agreement or the entire balance then due, whichevp.r is less,
shall be paid in full from the proceeds of the sale. Neither
party shall incur any further charges following the date of
execution of this Agreement on the said VISA account or on any
accounts in the joint names of the parties or on which the other
party can in any way be held responsible by the creditor, Any
such accounts shall be immediately closed. Any such charges as
may be incurred subsequent to the date of execution of this
Agreement contrary to the foregoing shall be paid upon the sale
of the marital residence by the party incurring the same. Each
party shall also be responsible for any charges incurred
subsequent to the date of execution of this Agreement on any
accounts in his or her respective individual name, and shall
retain said individual accounts for his or her own personal use.
Pending the sale of the marital residence and payment of the
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balance on the said VISA account as set forth above, Wife shall
pay the required monthly payments to keep the account current.
From the date of execution of this Agreement, each
party represents and warrants to the other that he or she will
not contract or incur any debt or liability for which the other
party or his or her estate might be responsible, and each party
shall indemnify and save the other party harmless from any and
all claims or demands made against him or her by reason of such
debts or obligations incurred following the date of execution of
this Agreement, except as otherwise set forth herein.
5. MUTUAL RELEASES. Husband and Wife do hereby
mutually remise, release, quit-claim or forever discharge the
other and the estate of such other, for all time to come, and for
all purposes whatsoever, from any and all rights, title and
interest, or claims in or against the estate of such other, of
whatever nature and wherever 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
way of dower or curtesy; or claims in the nature of dower or
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hereof.
6. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The
parties hereto have divided between themselves, to their mutual
satisfaction, all items of tangible and intangible marital
property. Except as otherwise set forth hereinafter, neither
party shall make any claim to any such items of marital property,
or of the separate personal property of either party, which are
now in the possession and/or under the control of the other.
should it become necessary, the parties each agree to sign, upon
request, any titles or documents necessary to give effect to this
paragraph. Property shall be deemed to be in the possession or
under the control of either party if, in the case of tangible
personal property, the item is physically in the possession or
control of the party at the time of the signing of this
Agreement, and in the case of intangible personal property, if
any physical or written evidence of ownership, such as passbook,
checkbook, policy or certificate of insurance or other similar
writing is in the possession or control of the party. Anything
to the contrary contained herein notwithstanding, Husband and
Wife shall be deemed to be in the possession and control of any
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pension or other employee benefit plans or other employee
benefits of any nature to which either party may have a vested or
contingent right or interest, apart from the provisions of the
Divorce Code, at the time of the signing of this Agreement.
7. SUPPORT OF SPOUSE. ALIMONY. ALIMONY PENDENTE LITE.
COUNSEL FEES, COSTS AND EXPENSES. The parties each acknowledge
that he or she has sufficient income, earning capacity and assets
to support himself or herself and to meet his or her reasonable
needs. Each party therefore waives and relinquishes any claim
against the other party for spousal support or maintenance of any
nature, alimony, alimony pendente lite, counsel fees or costs and
expenses of litigation, regardless of any subsequent change in
the circumstances of either party.
8. REAL ESTATE. The parties acknowledge that they are
the owners of a marital residence situate at 3 Ashley Court,
Boiling Springs, Cumberland County, Pennsylvania. The parties
agree that the said residence shall be listed for sale on or
before April 1, 1998/ with a reputable broker licensed to do
business in the Commonwealth of Pennsylvania at a reasonable
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price and upon reasonable conditions. The parties shall
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cooperate in all reasonable respects to sell the said property as
soon as practicable thereafter. Upon settlement, the existing
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balance of the outstanding mortgage and all other liens existing
as of the date of execution of this Agreement and reasonable
expenses of sale shall be paid. Further, the balance due as of
suffer or cause any further lien or encumbrance to be placed
the date of execution of this Agreement on the VISA credit card
account or the entire balance then due on the said account,
whichever is less, as set forth hereinabove in Paragraph 4, shall
be paid from the proceeds. Pending the sale, neither party shall
against the premises. In the event of the breach of this
provision, the party suffering or causing same shall be solely
responsible for its satisfaction at settlement. The remaining
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balance of the settlement proceeds shall be divided equally
between the parties, and each party shall retain his or her
respective share as his or her sole and separate property.
Notwithstanding the foregoing, in the event that either party has
failed to make payment of any charges on credit card accounts for
which he or she is responsible pursuant to the provisions of
Paragraph 4 hereinabove or has failed to make any required
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payment for household expenses as set forth herein prior to
settlement, payment for such charges or expenses shall be made or
the other party shall be reimbursed for one-half of any such
payments made by that party on behalf of the non-paying party
from the non-paying party's share, prior to distribution of the
proceeds as set forth herein.
wife shall continue to reside in the marital residence
until settlement. Through July, 1998, Husband shall be
responsible for payment of the mortgage payment. From August,
1998, through the date of final settlement, the parties shall
jointly be responsible for the monthly mortgage payment.
Commencing in August, 1998, the parties shall pay each monthly
mortgage payment, with Wife delivering her $390.00 to Husband on
or before the first day of each month. Husband shall then
forward the entire payment to the mortgage company. All
household expenses, including, without limitation, any and all
utilities, sewer, water, refuse collection, assessments, proper
maintenance, repairs and improvements, shall be paid by Wife.
Any real estate taxes assessed against the said
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property shall be paid from the escrow account referred to in
Paragraph 9 hereafter.
9, VEHICLES. The parties acknowledge that they are the
joint owners of a 1989 Plymouth Voyager, which vehicle is in
Wife's possession. The parties agree that the said vehicle shall
be sold as soon as practicable after June 25, 1998, and they
shall cooperate in all necessary respects to do so upon
reasonable terms and conditions. The proceeds of the sale of
said vehicle shall be deposited into a joint account with a
mutually-acceptable financial institution, such account requiring
the signatures of both parties for any withdrawals to be made.
The funds deposited in the said account shall be used for payment
of any property taxes assessed against the marital residence
until such time as the residence is sold. Upon the sale of the
residence, any remaining balance in the said escrow account shall
be divided equally between the parties, and each shall retain his
or her share of the said funds as their sole and separate
property.
Wife hereby covenants and agrees to transfer to Husband
all of her right, title and interest in and to the 1984 Toyota
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Corolla, which vehicle shall become the sole and exclusive
property of Husband. Wife hereby acknowledges that she has no
further claim, right, title or interest whatsoever in said
vehicle in the future. Further, Husband agrees to assume the
full responsibility for any costs, fees, or expenses incident to
the transfer of the aforesaid vehicle from Wife to Husband,
The parties acknowledge that Wife also owns a 1992
Saturn, on which there is an outstanding encumbrance with the
Pennsylvania State Employees Credit Union ("PSECU") in the joint
names of the parties. Wife shall retain the said vehicle as her
sole and separate property. Wife shall be solely responsible for
the payment of the said PSECU encumbrance, and she shall
indemnify and save Husband harmless from any liability thereon.
Wife will refinance the said loan on or before the settlement of
the sale of the marital residence, so as to obtain Husband's
release.
Commencing with the date of the entry of a final Decree
in Divorce or the policy renewal date, whichever first occurs,
each party shall be solely responsible for insuring his or her
respective vehicle.
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10, DISTRIBUTION OF CASH ASSETS, STOCKS AND BONDS.
'rhe parties acknowledge and agree that they have previously
divided their marital bank accounts equally and that each shall
retain the one-half distributed to him or her as his or her sole
and separate property, free of any claim by the other party.
Each party will also retain as his or her separate property any
bank, credit union, brokerage or other depository accounts of any
nature in his or her respective individual name,
11, PENSION. PROFIT-SHARING. RETIREMENT. CREDIT UNION
OR OTHER EMPLOYMENT-RELATED PLANS,
The parties hereto expressly
waive and relinquish any right, claim, title or interest in any
pension, profit-sharing, retirement, credit union or other
employment-related plans in which the other has any interest by
virtue of his or her past or present employment, whether vested
or unvested, matured or unmatured.
12. TAXES. By this Agreement, the parties have
intended to effectuate and by this Agreement have equally divided
their marital property. The parties have determined that such
division conforms to a right and just standard with regard to the
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rights of each party. The division of existing marital property
is not, except as may be otherwise expressly provided herein,
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 marital estate. As a part of
the equal division of the marital property and the marital
settlement herein contained, the parties agree to save and
hold each other harmless from all income taxes assessed against
the other resulting from the division of the property as herein
provided,
The parties acknowledge that they have filed various
joint income tax returns during the course of their marriage. In
the event that any additional taxes, penalties or interest
are assessed as a result of any such joint return, the party
responsible for under-reporting income or claiming any improper
deduction shall indemnify and save the other party harmless from
such tax liability, penalties or interest.
13. ADDITIONAL INSTRUMENTS.
Each of the parties
shall, from time to time at the request of the other, execute,
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acknowledge and deliver to the other party any and all further
instruments or documents that may be reasonably required to give
full force and effect to the provisions of this Agreement.
14. MODIFICATION AND WAIVER.
A modification or
waiver of any of the provisions of this Agreement shall be
effective only if made in writing and executed with the same
formality as this Agreement. The failure of either party to
insist upon the strict performance of any of the provisions of
this Agreement shall not be construed as a waiver of any
subsequent default of the same or similar nature.
15. 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,
16, DESCRIPTIVE HEADINGS.
The descriptive headings
used herein are for convenience only. They shall have no effect
whatsoever in determining the rights or obligations of the
parties.
17 , INDEPENDENT SEPARATE COVENANTS,
It is
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specifically understood and agreed by and between the parties
hereto that each paragraph hereof shall be deemed to be a
separate and independent agreement.
18. BREACH. If either party breaches any provision of
this Agreement, the other party shall have the right, at his or
her election, to sue for damages for such breach or to seek such
other remedies or relief as may be available to him or her, and
the party breaching this contract shall be responsible for
payment of legal fees and costs incurred by the other in
enforcing his or her rights under this Agreement, or in seeking
such other remedies or relief as may be available to him or her.
19. APPLICABLE LAW.
This Agreement shall be
construed under the laws of the Commonwealth of Pennsylvania,
20. 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.
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COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF DAUPHIN
On this '11/-- day of
o te,d l,-
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, 199B, before me,
the undersigned officer, personally appeared DEBORAH ANN STEFFEE,
known to me (or satisfactorily proven) to be the person whose name
is subscribed to the within Agreement, and acknowledged that she
executed the same for
the PUrp~s t~~ contained.
k,,-Z,-<~/-
Notary Public
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NOlarlal Seal
Consfance P. Bruni. NOlaI'( Public
Harrisburg, Dauphin Counly
My Commission Expires Ocl, 20, 200 t
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF DAUPHIN
On this'll /--day of
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, 199B, before me,
the undersigned officer, personally appeared JOHN R, STEFFEE, known
to me (or satiSfactorily proven) to be the person whose name is
subscribed to the within Agreement, and acknowledged that he
executed the same for the purposes therein contained.
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Notary Public
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Notarial Soal
Cons lance p, BrunI, NOlary Public
Harn~b~tg. Dauphin Coul1ly
My CommisSion Expires Ocl, 20, 2001
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JOHN R. STEFFEE,
Plaintiff
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
v,
CIVIL ACTION - LAW
I NO. q~_ ~(o3
DEBORAH ANN STEFFEE,
Defendant
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, 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
Prothonotary's Office, Cumberland County Courthouse, Carlisle,
Pennsylvania,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPER-
TY, 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,
Office of the Court Administrator
Cumberland County Courthouse
4th Floor
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
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9. The Plaintiff avers that the grounds on which the
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action is based are that the marriage is irretrievably broken.
10. Plaintiff requests the Court to enter a Decree in
Divorce.
WHEREFORE, Plaintiff prays that your Honorable Court
enter a Decree in Divorce dissolving the marriage between the
parties.
Respectfully submitted,
,6~
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court I.D. No. 29933
2941 North Front Street
Harrisburg, PA 17110
(717) 232-7200
Attorney for Plaintiff
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P 139 731 702
US Poslnl SOIVlco
Receipt fof (;eriffied Mall
No Insuranco Covorago Provldod.
On nol uso lor Intornallonol Moll 509 mvolSo
Sonllo
S.teffe.c__
S~.ot^~m~y Court
Post Ollice, Slale, & ZIP Codo
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Postage $ .55
Certified Foe 1.35
Spedal OelivlJry Foe
Aoslrictod Oolivory Fee 2.75
on
0> Retum Receipt Showklg 10
0> 1.10
- Whom & Oale Delivored
'2 R""'Ro:~SIowr'ljO\\l>Jm.
.:( Dalt,&Adlbssee's ess
0 $ 5.75
o TOTAL Postago & I os
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,f February 13, 1998
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Ji! aCompfetlll.rTII1andlor 2 for additlonal HNleeI.
.. aComplelllleml3, 48. and 4b.
!" I -::: tv:;,~.am. and add,... on the revert. of thl, form 10 thai we can r8Cum IhI,
. -Attach this tonn to the front of the mallplKe, or on the back It Ipace doe, not
po""'.
:. .Wrlt,.Retum RlCtJlpt RequeltlCr on the mallp1ece be"='=~~~ number.
,= -The Relum RlC8fpC wlQ Ihow to whom thlankla was delivered and the dalo
,e dellverect.
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:1 3. ArtI~l. Addrassod 10:
DEBORAH ANN STEFFEE
3 Ashley Court
Boiling Springs, PA
I also wish 10 rocolva the
following SOMCOS (for an
oxtra 100): j
1. 0 Addrassoo'o Addross
2. IlIll: Roslrlcted Dollvory
Consull postmaslnr lor fno.
4a. Artlclo Numbnr
P 139 731 702
17007
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Domestic Return Receipt
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JOHN R. STEFFEE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
v.
NO. 98-863 Civil Ter.m
DEBORAH ANN STEFFEE,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce
Code was filed on February 13, 1998.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety days have elapsed from the date of 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. ~4904 relating to unsworn
falsification to authorities.
DATE:
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