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HomeMy WebLinkAbout03-1781 7. Alternatively, Plaintiff avers that the Defendant has offered such indignities to her, the injured and innocent spouse, as to render her condition intolerable and her life burdensome. The foregoing facts are averred and brought under Section 3301(a)(6) of the Divorce Code of 1980, as amended. 8. The Plaintiff has been advised of the availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling, and Plaintiff waives same. WHEREFORE, Plaintiff requests Your Honorable Court enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. COUNT II: CUSTODY 9. The averments set forth in Paragraphs 1-8 above are incorporated herein by reference as if fully set forth herein. 10. The Plaintiff seeks primary custody and visitation of the following child: Name Present Residence Age D/O/B Marissa Anne Steck 809 Torway Road 6 December 13, 1996 Gardners, Pennsylvania 17324 11. The child was bom out of wedlock. 12. The child is presently in the physical custody of Plaintiff, Leslie L. Steck. 13. In addition to the child's present address, during the past five years, the child has resided with either Plaintiff or Defendant at the following addresses: none. 14. The mother of the child is the Plaintiff who resides at 809 Torway Road, Gardners, Cumberland County, Pennsylvania. 15. The father of the child is the Defendant who resides at 248 Old Cabin Hollow Road, a) child's birth; b) Dillsburg, Cumberland County, Pennsylvania. 16. The relationship of Plaintiff to the child is that of mother. resides with the subject minor child and her daughter, Alyssa F. Shoff. 17. The relationship of the Defendant to the child is that of father. currently resides with his mother and stepfather, Gary and Judy Saltsburg. 18. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or another court. The Plaintiff has no information of a custody proceeding concerning the custody of the child in this or any other court. The Plaintiff does not know ora person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 19. The best interests and permanent welfare of the child will be served best by granting the relief requested because: The Plaintiff has had shared physical and legal custody of the child since the The Plaintiff currently The Defendant The Plaintiff provides the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; c) The Plaintiff is, and has always been, willing to accept custody of the child; and d) The Plaintiff continues to exercise parental duties and responsibilities and enjoys the love and affection of the child; and e) The Plaintiff provides a more stable home environment than does Defendant. 20. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court grant Plaintiff primary physical custody of Marissa Anne Steck and grant the Plaintiff and Defendant hereto shared legal custody of Marissa Anne Steck. F:\User Folder~Firm Docs\Gendocs2003\3077- I div.comp.cus.wpd Respectfully submitted, Attorney I.D. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LESLIE L. STECK, Plaintiff V. CHARLES H. STECK, JR., Defendant CIVIL ACTION- LAW NO. 2003-[~<gt IN DIVORCE C_COMPLAINT IN DIVORCE ANI~ NOW, this 21 st day of April, 2003 comes Plaintiff, Leslie L. Steck, by and through her attorneys, Hanft & Knight, P.C., and files the following Complaint in Divorce, and in support thereof avers as follows: COUNT I: DIVORCE 1. The Plaintiff is Leslie L. Steck, who currentlyresides at 809 TorwayRoad, Gardners, Pennsylvania 17324. 2. The Defendant is Charles H. Steck, Jr., who currently resides at 248 Old Cabin Hollow Road, Dillsburg, Pennsylvania 17019. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediatelypreceding the filing of this Complaint in Divorce. 4. The parties were married on February 14, 1998, in Cumberland County, Pennsylvania. 5. The ,marriage is irretrievably broken. The foregoing facts are averred and brought under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. 6. There have been no prior actions for divorce or annulment between the parties. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LESLIE L. STECK, Plaintiff Vo CHARLES H. STECK, JR, Defendant CIVIL ACTION - LAW NO. 2003-1781 IN DIVORCE CERTIFICATE OF SERVICE_ AND NOW, this 30th day of April, 2003, I, Michael J. Hanft, Esquire, hereby certify that the following person was serve~l with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint in Divorce was mailed on April 22, 2003, but actual service took place on April 28, 2003, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Charles H. Steck, Jr. 248 Old Cabin Hollow Road Dillsburg, Pennsylvania 17019 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfially submitted, HANFT & KNIGHT, P.C. ~-J. Hanff, Esquire Attorney ID No. 57976 19 Bro°kwood Avenue, Suite 106 Carlisle,. pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff F:\User Folder~Firm Docs\Gendocs2003\3077-1 cer.ser.wpd · Complete items 1, 2, and 3. Also complete item 4 if Restricted 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. 1. Article Addressed to: 7002 0860 0000 1076 1831 D. Is delivery address different from item 17 [] Yes If YES, enter delivery address below: [] No [] Registered alu ~ ~xe~V Mercha.dise PS Form 3811, August 2001 Domestic Return Rece!pt 102595-02-M- 1035, Exhibit "A" MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this 2 5~day of ,~tt,~ ~;, 2003, by and between CHARLES H. STECK, JR., of Dillsburg, Cumberland County, Pennsylvania, (hereinafter referred to as "Husband") and LESLIE L. STECK, of Gardners, Cumberland County, Pennsylvania, (hereinafter referred to as "Wife.") WITNESSETH: WHEREAS, Husband and Wife were married on February 14, 1998, in Carlisle, Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife have been living separate and apart from each other since Febxnmry of 2003; WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse, unhappy differences have arisen between the Parties hereto which have made them desirous of continuing to living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property; WHEREAS, there was one (1) child bom of the marriage, namely, Marissa Anne Steck, (hereinafter referred to as "Marissa"), born December 13, 1996; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the Parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the Parties hereto have mutually entered into agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with their respective attorneys, and the Parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the Parties hereto in consideration of the mutuallymade and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: CHS, JR~ LLS~__~. Page 1 of 8 ARTICLE I: SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither Party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II: DiVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the Parties hereto and to each of the said Parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the Parties hereto from commencing, instituting or prosecuting any action or action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either Party from defending any such action which has been, may, or shall be instituted by the other Party, or for making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims of this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in anypossible event he an she are and ever shall be estopped from asserting any illegality or unenforeeability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the Parties are accepted by each Party as a final settlement of for all purposes whatsoever. Should either of the Parties obtain a decree, judgment or order of separation or divorce in any other state, county, or jurisdiction, each of the Parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the Parties should remarry, it being understood by and between the Parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. CHS, JR. & Page 2 of 8 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by any of the Parties hereto. It is understood by the Parties that a divorce complaint has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 2003-1781. Such incorporation, however, shall not be regarded a merger, it being the intent of the Parties to permit this Agreement to survive any such judgment or decree. ARTICLE HI: EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The Parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the Parties; the age, health, station, amount and sources of income, vocational skills, cmployability, estate, liabilities, and need for each of the Parties; the contribution of one Party to the education, training or increased earning power of the other Party; the opportunity of each Party for future acquisition of capital assets and income; the sources of income of both Parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each Party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution ora Party as a homemaker; the value of the property set apart to each Party; the standard of living of the Parties established during their marriage. 3.2 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 marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the Parties. 3.3 The Parties shall retain sole and exclusive right, title and possession of all personal property currently in their possession. Except as provided for herein, Husband shall make no claim whatsoever for any personal property in Wife's possession. Additionally, except as provided for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. Should it be necessary for either Party to execute any documents to convey title to any such personal property in the other Party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing Party. a. The parties have divided their personal property to their mutual satisfaction. CHS, JR. ~ Page 3 of 8 3.4 Wife waives any right or interest she may have in Husband's employment benefits, including any retirement plan, stock option purchase plan, profit sharing plan or related matters. Husband waives any right or interest he may have in Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. 3.5 Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other Party..Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. ARTICLE IV: RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4.1 The Parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Except as provided herein, Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony pendente lite, spousal support, or maintenance. 4.2 Husband and Wife specifically waive, release and give up any rights for alimony that they may be entitled to pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. ARTICLE V: DEBTS OF THE PARTIES 5.1 Each Party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the Parties, that since the separation neither Party has contracted for any debts for which the other will be responsible and each Party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. a. Wife agrees to assume sole responsibility for the Parties' loan to Members First Credit Union on the 2002 Ford Focus. Wife shall indemnify and hold Husband harmless from sanle. The parties agree to indemnify and hold each other harmless from any and all loss or liability in connection with said marital debts. In the event either Party contracted for or incurred any debts since the date of separation, the Party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debts or obligations of the Husband and Wife incurred prior to the signing of this Agreement. CHS, JR.~,~ Page 4 of 8 5.2 Each Party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in the possession of the other Party. Within thirty (30) days of the date of execution of this document, each Party shall execute the necessary documents to have said vehicles properly registered in the other Party's name with the Pennsylvania Department of Transportation. It is the intention of the Parties that the 2002 Ford Focus shall be transferred solely to Wife. Wife shall indemnify and hold Husband harmless from any and all liability with regard to the said 2002 Ford Focus. ARTICLE VI: CUSTODY AND SUPPORT OF CHII DREN 6.1 The Parties agree to shared legal custody of the child of the marriage, Marissa Anne Steck. The Parties agree that Wife shall have primaryphysical custody of Marissa. Both Husband and Wife shall be responsible for the day to day decisions when they have custody of Marissa. Neither Party has the right to make a unilateral decision of the following major issues: Education; Medical treatment (other than emergency treatment); and General welfare. It is agreed between the Parties that any decisions on these issues will be made jointly. 6.2 Wife shall have primary physical custody of Marissa, subject to such reasonable temporary custody and visitation rights of Husband. 6.3 Husband shall have periods of partial custody of Marissa from Friday until Sunday during one week and Friday until Saturday the following week. 6.4 Each Party agrees to keep the other apprized of any and all matters relating to Marissa's health, education, welfare, and activities. 6.5 The Parties hereby agree that Husband shall carry Marissa on his health insurance coverage as long as Marissa is eligible. ARTICLE VII: MISCELLANEOUS PROVISIONS 7.1 The Parties hereto have retained independent legal counsel or have had the opportunity to do so and have voluntarily declined to retain counsel. The provisions of this Agreement and their legal effect have been fully explained to the Parties by their respective counsel or the Parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The Parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that CHS, JR.~ LLS~ Page 5 of 8 it is being entered into freely and voluntarily, after having received such advice and with such knowledge 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. Husband acknowledges that Michael J. Hanft, Esquire, of Hanft & Knight, P.C. represents Wife and has provided him with no advice, legal or otherwise, in this matter or with regard to this Agreement. Husband is represented by Timothy J. Colgan, Esquire, of the Wiley Group. 7.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal fight, title and interest, or claims in or against the property of the other or against the estate of the 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 thereo~ whether arising out of any former acts, contracts, engagements, or liabilities of such other as byway of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's fights, family exemption, or similar allowance, or under the intestate laws, or the fight to take against the spouse's will;, o.r the fight to treat a lifetime conveyance by the other as testamentary, or all other fights of a surv~wng spouse to participate in a deceased spouse's estate, whether arising under the laws of(a) Pennsylvania, (b) any state, commonwealth, or territory o fthe United States, or (c) any other country, or any fights which either Party may have or at any time hereafter have for past, present, or future su.p.port or maintenance, alimony, alimony pendente lite, source fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all fights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all fights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 7.3 Each Party represents that since separation, they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other Party may be responsible or liable, except as may be provided for in this Agreement. Each Party agrees to indemnify and hold the other Party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided herein. CHS, JR.~'/ LLS~__A - Page 6 of 8 7.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both Parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 7.5 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of this Agreement. 7.6 This Agreement shall be binding and shall inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors and assigns. 7.7 This Agreement constitutes the entire understanding of the Parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 7.8 If any term, condition, clause, section, 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. Likewise, the failure of any Party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the Parties. 7.9 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania. 7.10 The Parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. Each Party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her personal property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each Party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each further warrants, represents, and declares that each is and has been fully and completely informed of and is familiar CHS, JR. ~ LLS.~.~ Page 7 of 8 with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns (including supporting documentation) filed by or on behalf of either or both Parties during marriage. 7.11 In the event either Party to this Agreement shall breach any term, covenant or other obligation he?in, the non-breaching Party shall be entitled in addition to all other remedies available at law or ~n eqmty, to recover from the breaching Pare.,, all costs which the non-breaching Party may incur, including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce the terms of this Agreement. 7.12 This Agreement shall survive any action for divome and decree of divorce and shall forever he binding and conclusive on the Parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this Agreement is the mutual benefits to be obtained by both of the Parties hereto and the covenants and agreements of each of the Parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the Parties, and the Parties intend to be legally bound hereby. 7.13 The Parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the Parties will execute and file the consents necessary to obtain the divorce. Any Party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the Party who is seeking the divorce. IN WITNESS WHEREOF, the Parties have set their hands and seals the day and year first above written. WITNESSED BY: Charles H. Ste6k, Jr. Leslie L Ste[k' CHS, JR. ~ Page 8 of 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LESLIE L. STECK, Plaintiff V. CHARLES H. STECK, JR., Defendant CIVIL ACTION - LAW NO. 2003- 1781 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) 1,2003. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on May 2. The marriage of Plaintiffand 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. 4. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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: ~-~. Z ,2003 ~L~ ~. ~. Leslie L. Steck Sworn to and subscribed before me this ~-~ dayof ~.19/~19,( ,2003. N°t~yPt~bl~cg ''l" D"-' ' Sou~ Middle~n TWp,, Cumberland County My C,(~nmi~k'~ F-xpires Sept. 24, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LESLIE L. STECK, Plaintiff CHARLES H. STECK, JR., Defendant CIVIL ACTION - LAW NO. 2003- 1781 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF TItE 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Les~i~L. Steck .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LESLIE L. STECK, Plaintiff CHARLES H. STECK, JR. : No. 2003-1781-Civil _. -' VS. : : CIVIL ACTION LAW : IN DIVORCE 2003. AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on July 21, 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 of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. {}4904 relating to unsworn falsification to authorities. CHARLES H. STECK, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LESLIE L. STECK, Plaintiff CHARLES H. STECK, JR. No. 2003-1781-Civil VS. CIVIL ACTION LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. CHARLES H. STECK, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LESLIE L. STECK, Plaintiff CHARLES H. STECK, JR., Defendant C1VIL ACTION - LAW NO. 2003-1781 1N DiVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a Divorce Decree: Code. 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service of the Complaint: Via U.S. certified mail, return receipt requested, restricted delivery on April 28, 2003. 3. Date of execution of the Plaintiff's Affidavit of Consent required by Section 3301 (c) of the Divorce Code; September 2, 2003; by the Defendant; September 25, 2003. 4. Related claims pending: None. 5. Date Plaintiff' s Waiver of Notice in § 3301 (c) Divorce was filed with the Prothonotary: October 2, 2003. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: October 2, 2003. HANFT & KNIGHT, P.C. By c~~ M{ · Date: lb ~z-,,3 Attorney I.D. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LESLIE L. No. 2003-1781 Plaintiff VERSUS DECREE IN DIVORCE AND NOW,~~ DECREED THAT T,]~.ClT.T~ T._ ~ AND (/'{A~T,'F.q H. b'l'3~I<.. ,'~. ARE DIVORCED FROM THE BONDS OF MATRIMONY, , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, 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 Separation and Property Settlement Aqr~=~_nt dated Sedtember 25, 2003 is incorporated by reference.