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HomeMy WebLinkAbout07-7393i PAMELA L. STIER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. d? - '7393 Civil term MATTHEW L STIER, CIVIL ACTION - LAW 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 maybe entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. A list ofmarriage counselors is available in the office ofthe Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. 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 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 0 MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff PAMELA L. STIER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. MATTHEW L STIER, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiffis Pamela L. Stier (hereinafter referred to as "Wife"), who has resided at 3927 Silver Brook Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050, for the last two (2) years. 2. Defendant is Matthew L. Stier (hereinafter referred to as "Husband") who has resided at 3927 Silver Brook Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050, for the last two (2) years, but is currently residing at the Hampton Inn at 3721 Market Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Wife and Husband have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Wife and Husband were married on June 2,1990, in Ravenswood, West Viginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. Wife and Husband are both citizens of the United States. 8. Wife has been advised ofthe availability ofmarriage counseling and that she mayhave the right to request the Court to require the parties to participate in such counseling. Being so advised, Wife does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Wife avers that there are two (2) children of the parties under the age of eighteen (18) namely: Chaelan Stier, born August 9, 2002; and Matthew Stier, born November 16, 2005. COUNT I - DIVORCE 10. Wife avers that the grounds on which the action is based are as follows: That the marriage is irretrievably broken. WHEREFORE, Wife requests this Honorable Court enter a decree in divorce. COUNT II - CUSTODY 11. There are two (2) children born to this marriage, namely: Chaelan Stier, born August 9, 2002; and Matthew Stier, born November 16, 2005. 12. Wife desires custody of the minor children and is capable of giving said children the necessary parental care and a proper and healthful environment. 13. Wife avers that she is a fit person to raise the minor children and that by awarding her legal custody, the best interest and permanent welfare of the children will thereby be promoted. 14. During the past five (5) years, the children have resided with the following persons at the following addresses: Name Address Dates Mother and Father Mother and Father Mother 4 Fortuna Lane Enola, PA 17025 3927 Silver Brook Drive Mechanicsburg, PA 17050 3927 Silver Brook Drive Mechanicsburg, PA 17050 August 1996 - September 2005 September 2005 - October 28, 2007 October 28, 2007 - Present 15. Wife has not participated in any other litigation concerning the custody proceedings in a court of this or any other state, nor does she know of any person not a party to these proceedings who has had physical custody of the minor children or claims to have custody or visitation rights. WHEREFORE Wife requests this Honorable Court to grant her joint legal and primary physical custody of the minor children. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES l? Date: By: KRI PHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Pamela L. Stier, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. (Pamela L. Stier ? DATE: 1 ?? ? l01 p -64- c -I C ' MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff PAMELA L. STIER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW L. STIER, Defendant NO. 67? 7393;, J CIVIL ACTION -LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiffis Pamela Stier (hereinafter referred to as "Mother"), residing at 3927 Silver Brook Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Matthew L. Stier (hereinafter referred to as "Father"), residing at the Hampton Inn, 3721 Market Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Mother seeks custody of the following children: Name Chaelan Stier Matthew Stier Present Address 3927 Silver Brook Drive Mechanicsburg, PA 17050 3927 Silver Brook Drive Mechanicsburg, PA 17050 Age DOB 8/9/02 DOB 11/16/05 4. The children were not born out ofwedlock. The children are presently in the custody of Mother, who resides at 3927 Silver Brook Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 5. During the past five (5) years, the children have resided with the following persons at the following addresses: Name Address Dates Mother and Father Mother and Father Mother 4 Fortuna Lane Enola, PA 17025 3927 Silver Brook Drive Mechanicsburg, PA 17050 3927 Silver Brook Drive Mechanicsburg, PA 17050 August 1996 - September 2005 September 2005 - October 28, 2007 October 28, 2007 - Present 6. The mother ofthe children is currently residing at 3927 Silver Brook Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. She is married and currently separated from Father. 7. The father ofthe children is currently residing at the Hampton Inn, 3721 Market Street, Camp Hill, Cumberland County, Pennsylvania, 17011. He is married and currently separated from Mother. 8. The relationship of Mother to the children is that of natural mother. Mother currently resides with the children. 9. The relationship ofFather to the children is that of natural father. Father currently resides alone. 10. Mother has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court. 11. Mother has no information of a custodyproceeding concerning the children pending in a court of this Commonwealth. 12. Mother does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare ofthe children will be served by granting the relief requested. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Mother requests the Court to grant her joint legal and primary physical custody of the children. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: 1 By: VIL-- KRIST. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff . . . 10 VERIFICATION I, Pamela L. Stier, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best ofmy information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. Pamela L. Stier DATE: f a / el /-I -) P'a ro 77 P'Ti A V r y PAMELA L. STIER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2007-7393 CIVIL ACTION LAW MATTHEW L. STIER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, December 12, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 17, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ , jacgueline M. Verney, Esq Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 6-2 77 A MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff PAMELA L. STIER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-7393 MATTHEW L. STIER, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, KRISTOPHER T. SMULL, ESQUIRE, do hereby certify that a true and correct copy of the Complaint in Divorce, was served upon the Defendant, Matthew L. Stier, by United States Mail, first class, postage prepaid, certified, restricted delivery, docketed to No. 7005 0390 0005 2244 1910, on the 17th day of December, 2007, addressed as follows: Matthew L. Stier 3927 Silver Brook Drive Mechanicsburg, PA 17050 Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date. By: UN, S PHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff ¦ Gornplets items 1, 2, and 3. Also complete Own 4 H Restricted DWWery Is deeked. Print your name and address on the reverse so that we can return the card to you. ¦ Aftech this card to the back of the mailplece, or on the front if space permits. 1. AAbb Addressed to: . ,St-it' ?3R al 5i1 vim- $rbok MCC 0, 'csb` (3, PA 17050 0 ApNrt Aadreeee. 13 C. Date of DWkwy D. Is deeydy address Warn 1? 0 Yes M enhm delvery below. 0 No v, M` "& N a 3.8ervfoe ss?1 ?Q Certified MM-13 E)PM MON 0 Re9181erod A9~ RsoW for MerdWWbe 0 kmaw and 0 C.O.D. . 2. 'article Number 7005 0390 0005 2244'1910 ( wxfar Aam eeMoe kgw Ps Form 3811, February 2004 Donweac FMum fbosipt 102595-024A-1540 _.-? ?-? f ?:? ,?,, . ..++ { l ??. ? ?? i PAMELA L. STIER, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW L. STIER, Defendant NO. 2007-7393 CIVIL ACTION -LAW IN CUSTODY STIPULATION FOR CUSTODY AND NOW, this day of 2008, the parties, having the best interest of their minor children, Chaelan Stier, born August 9, 2002, and Matthew Stier, born November 16, 2005, in mind, do hereby agree and stipulate as follows: 1. Plaintiff is Pamela Stier (hereinafter referred to as "Mother"), an adult individual currently residing at 3927 Silver Brook Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Matthew L. Stier (hereinafter referred to as "Father"), an adult individual currently residing at the Hampton Inn, 3721 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties agree to share legal custody of their minor children. All decisions effecting the children's growth and development including, but not limited to: medical and dental treatment; psychiatric or psychological therapy or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiaries, other than custody litigation; and education, shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. 4. Primary physical custody of the children shall be vested in Mother. Father's periods of visitation or partial physical custody shall be at Mother's discretion. 5. Father shall not use any controlled substances in the presence of the children nor shall he consume alcohol in the presence of the children during any period of visitation. In addition, Father shall not use any controlled substance or consume alcohol within a five (5) hour period preceding any scheduled visitation with the children. 6. The non-custodial parent, at any given time, shall have reasonable ongoing telephone access to the minor children, and the minor children should not be precluded from telephoning the non- custodial parent at reasonable times. Should the minor children be unavailable to receive a telephone call from the parent, the custodial parent shall be responsible for having the children return the telephone call. 7. Each party shall keep the other advised of a current address and telephone number. The parties shall communicate directly with each other regarding the minor children, and shall not allow any interference from any third persons. The minor children should not be used as intermediaries. All contact between the parties, whether in person or by telephone, shall be polite, civil and respectful. 9. The parties shall not conduct or permit arguments or heated conversations in the presence or hearing of the minor children. 10. Neither Father nor Mother shall do anything to estrange the children from the other parent, and both shall encourage the children's relationship with the other parent. Specifically, neither parent shall make, or permit any other person in the household to make any remarks or do anything which in any way could be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other as one whom the children shall respect and love. Additionally, neither parent shall make any derogatory or uncomplimentary remarks about the friends, companions and relatives of the other parent in the presence of the children. 11. Each parent shall keep the other advised, on an ongoing basis, of the schedule of all curricular and extracurricular activities and events in which the minor children are engaged. Both parents shall have the right to attend these activities and events and participate in them to the extent parents are normally allowed or encouraged to do so. 12. Both parents shall fully share information including oral and written reports, regarding the minor children concerning all aspects of their lives, including, inter alia, religion, summer activities and friends. Both parents shall take part in all major decisions concerning the minor children; and both parents agree to cooperate to the fullest extent possible in the minor children's upbringing and to the end that their relationship with both parents shall be as harmonious as possible. 13. Pursuant to 23 Pa. C.S.A. § 5309, which is incorporated into this Agreement by reference, Mother and Father shall have access to all information regarding Chaelan Stier, born August 9, 2002, and Matthew Stier, born November 16, 2005. Neither party shall unreasonably fail to provide the other parent such access. This provision of this Stipulation and Agreement shall be sufficient for any physician, dentist, cleric, or school official to provide any information to each parent that such person would willingly provide by law to the other parent. 14. Each party shall advise the other promptly of any illness suffered or injury sustained by the minor children. 15. With regard to any emergency decision which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other parent of the emergency and consult with him or her as soon as possible. 16. Mother acknowledges that she has been advised of the legal ramifications of this Stipulation by her attorney and voluntarily consents to this Stipulation. Father has been advised to seek legal counsel for the review of this Stipulation and has voluntarily decided to waive his right to counsel. Father has read and understands the legal ramifications of this Stipulation and voluntarily consents to its terms. 17. This Stipulation and Order of Court shall replace and supercede any existing custody arrangements between the parties. 18. This Stipulation and Order of Court shall continue in full force and effect until further Order of Court or amended agreement in writing between the parties. 19. The parties herebywaive their right to present this Stipulation in open Court or to have their case heard by the Court at this time. 20. It is the intention of the parties that this Stipulation may be entered as an Order of Court, as if a full hearing had been held thereon and enforced pursuant to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S. 54. It is agreed that, until subsequent Order of Court of competent jurisdiction, Pennsylvania shall be deemed the home state ofthe children, and that this Stipulation shall be considered the first custody decree or initial decree concerning said minor children. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. (OW Witness jh* Witness Pamela L. Stier Matthew L. St COMMONWEALTH OF PENNSYLVANIA) 5°?ba' SS: COUNTY OF On this, the __t15 day of - , 2008, before me, a Notary Public, the undersigned officer, personally appeared Pamela L. Stier known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing document and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. vio Notary P 1 c COMMONWEALTH OF PENNSYLVANIA Notarial Seal Cathy L. Youngblood, Notary Public Lemoyne Boro, Cumberland County My Commission Expires June 22, 2010 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA) SS: COUNTY OF CEO ) On this, the K- day of .iJ , 2008, before me, a Notary Public, the undersigned officer, personally appeared Matthew L. Stier, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing document and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notaryb is COMMONWEALTH OF PENNSYLVANIA Notariai Seal Cathy L. Youngblood, Notary Public Lemoyne Boro, Cumberland County My Commission Expires June 22, 2010 Member, Pennsylvania Association of Notaries A, - eat w A% I PAMELA L. STIER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-7393 CIVIL ACTION - LAW MATTHEW L. STIER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 17th day of January, 2008, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, acq ine M. Verney, Esquire, Custo Conciliatooi el.A n „?_` ? fo 91 '0' INV 91 WNW PAMELA L. STIER, V. MATTHEW L. STIER, Defendant 1 JAN 18 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2007-7393 CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, TO WIT, this ?'Z.day of , 2008, it is hereby (??,4j i - ORDERED and DECREED that the attached Stipulation for Custody is made an er of this Court and said Stipulation is adopted in its entirety and incorporated herein as an Order of Court. Distribution: Kristopher T. Smull, Esquire, 210 Grandview Ave., Suite 102, Camp Hill, PA 17011. Matthew L. Stier, Hampton Inn, 3721 Market Street, Camp Hill, PA 17011. CO ? ?S rna.c L? f ilp C\l -1 07- 7343 PROPERTY SETTLEMENT AGREEMENT 1'? 4f THIS AGREEMENT, made this lS day of 4' 1 , 2008, by and between Pamela L. Stier, of 3927 Silver Brook Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"), and Matthew L. Stier, of 3614 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, the parties were married on June 2, 1990, in Ravenswood, West Virginia; and WHEREAS, two (2) children have been born of this marriage, namely, Chaelan Stier, born August 9, 2002; and Matthew Stier, born November 16, 2005; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, 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 and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of all matters between them relating to the past, present, and future support and/or maintenance of the children; the implementation of custody and visitation arrangements for the minor children of the parties; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 1 NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of 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: 1. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understands and agrees that neither shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other 2 party, it being the intention of both parties to minimize the effect of any such separation upon the children. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to Docket No. 07-7393, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all affidavits, waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as 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. 3 Should a decree, judgment or order of 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 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 shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. 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 this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date," which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 8. MUTUAL RELEASE: 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 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 situated, which he or she now has or at any time hereafter may have against the 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 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 a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND 5 and WIFE to give 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 thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. REPRESENTATION BY COUNSEL: This Agreement has been prepared by Kristopher T. Smull, Esquire, counsel for WIFE. Said counsel, at the commencement of and at all stages during the negotiation of this Agreement, has informed HUSBAND that he has acted solely as counsel for WIFE and has not advised or represented HUSBAND in any manner whatsoever. HUSBAND, at the commencement of, and at all stages during the negotiation of this Agreement, has been advised by Kristopher T. Smull, Esquire, that he could be represented by his own counsel but at all times has elected not to be so represented. HUSBAND has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. HUSBAND and WIFE acknowledge that 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. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific 6 enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not at any time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that 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 for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 12. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against, and agrees to assume sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself, except as 7 provided herein. Specifically, HUSBAND shall be responsible for the unsecured loan through the EDS Credit Union #009589753045-L1; the balance of the Bank of America Visa Credit Card #************5567 in his name; and the balance of the Bank of America Visa Credit Card #************9907 in WIFE's name. HUSBAND shall transfer the balance of WIFE's Bank of America Visa Credit Card to a card in his name only, or otherwise remove WIFE from responsibility for said card, within thirty (30) days of the execution of this Agreement. HUSBAND shall provide proof of the removal of WIFE from responsibility for said card directly to WIFE's attorney. Further, HUSBAND shall be solely responsible for any liability arising from his co-signing for a SallieMae educational loan #*****5516-1 in the amount of $11,264.11, for his nephew, William H. Stier. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself, except as provided for herein. Specifically, WIFE shall be responsible for the mortgage on the marital home through GMAC #0581857901; the home equity loan through PNC #4001008110740161; and the vehicle loan through EDS Credit Union #61278000. WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 8 13. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 14. DIVISION OF REAL PROPERTY: HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 3927 Silver Brook Drive, Mechanicsburg, Cumberland County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees to immediately execute now, and in the future, any and all deeds, documents or papers necessary to effect such transfer of title upon request. HUSBAND agrees to execute a deed conveying his interest to WIFE simultaneously with his execution of this Agreement. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. WIFE shall be solely responsible for the mortgage and home equity loan currently encumbering the marital home 9 and shall indemnify and save HUSBAND harmless from any and all liability, expense, cost, or loss whatsoever, as a result of her non-payment of, or non-performance of, said mortgage or home equity loan and said mortgage or loan conditions. 15. BANK ACCOUNTS: The parties agree that all bank accounts presently held jointly by the parties shall be closed within thirty (30) days of the entry of a final Decree in Divorce. The parties agree that the balance of said accounts shall be used solely for the payment of any remaining joint obligations, and such payments shall be agreed upon by the parties. Neither party may withdraw from said accounts, or use said accounts for their personal expenses, without the written consent of the other party. The parties agree that, after the payment of all remaining joint obligations, WIFE shall retain the balance of said accounts. HUSBAND acknowledges that he has no further claim or interest in said accounts and agrees that he will not assert any such claim in the future. HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. 16. STOCKS: The parties agree that any stocks held in that party's name alone shall remain the sole and exclusive property of that party. The parties hereby acknowledge that they have no further claim, right, title or interest whatsoever in the stocks of the other, and further agree never to assert any claim to the assets in the future. 10 17. PENSIONS, ANNUITIES AND/OR RETIREMENT BENEFITS: WIFE agrees that any monies which HUSBAND has acquired through his interests in either pensions, profit- sharing, savings and thrift plans, annuities and/or retirement benefits through his present or past employers, shall remain his sole and exclusive property. WIFE agrees to waive any interest she may have in such property and further agrees that she will not assert any such claim in the future. WIFE hereby covenants and agrees that she will execute any spousal waivers that may be required under the Pension Reform Act of 1974, the Retirement Equity Act of 1984, or any similar Federal or state statute that is now in effect or may be enacted. This paragraph is intended to substitute for any other statement, prepared form, or document which might be required by any plan, fund, trust, administrator, trustee, or similar entity or person, so that HUSBAND may receive said benefits as if he were never married. HUSBAND agrees that any monies which WIFE has acquired through her interests in either pensions, profit-sharing, savings and thrift plans, annuities and/or retirement benefits through her present or past employer, shall remain her sole and exclusive property. HUSBAND agrees to waive any interest he may have in such property and further agrees that he will not assert any such claim in the future. HUSBAND hereby covenants and agrees that he will execute any spousal waivers that may be required under the Pension Reform Act of 1974, the Retirement Equity Act of 1984, or any similar Federal or state statute that is now in effect or may be enacted. This paragraph is intended to substitute for any other statement, prepared form, or document which might be required by any plan, 11 fund, trust, administrator, trustee, or similar entity or person, so that WIFE may receive said benefits as if she were never married. 18. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 2003 GMC Envoy titled in WIFE's name shall remain her sole and exclusive property; (b) The 2003 Toyota Tacoma titled in HUSBAND's name shall remain his sole and exclusive property. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobile. 19. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are 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. 20. CHILD CUSTODY: Custody of the parties' minor children, Chaelan Stier, born August 9, 2002; and Matthew Stier, born November 16, 2005, shall continue to be governed by the parties' Custody Stipulation, Docket #2007-7393, which was entered as an Order of Court on January 12 22, 2008. 21. CHILDREN'S COLLEGE EXPENSES: HUSBAND and WIFE recognize and agree that it is in the best interests of their children to have an opportunity to obtain a college education. For and in consideration of the mutual promises and covenants contained herein, the parties stipulate and agree that they shall share equally the cost of their children's college tuition, on campus room and board, books, expenses and related fees or costs for a maximum of six (6) years, as long as they attend college on a full-time basis for the purpose of obtaining a bachelor's or similar degree. In the event the parties' children choose to attend a trade or technical school after graduation from high school, the parties stipulate and agree that they shall share equally the cost thereof, including tuition, room and board, books, expenses and related fees or costs for a maximum of four (4) years as long as they attend on a full-time basis. HUSBAND and WIFE agree that the children shall apply for any and all grants, scholarships and/or work study programs which HUSBAND and WIFE shall deem appropriate and the parties' obligation to contribute to the children's higher education expenses shall be reduced proportionately by the amount of such grant(s), scholarship(s) and work study programs received by the children. WIFE shall have full authority to deny either child the contribution to their educational cost, room and board, books, expenses and related fees or costs from both parents depending on the circumstances at the time. WIFE shall, prior to making any decision as to the enrollment of the children in any particular institution, give consideration to: (1) The recommendation of relevant educators; 13 (2) The wishes and needs of the child; (3) The academic program requirements; (4) The costs of education involved; (5) The ability or desirability of the child to contribute toward said cost; and (6) Other relevant factors. 22. CHILD SUPPORT: HUSBAND agrees to pay WIFE the sum of ONE THOUSAND EIGHT HUNDRED FIFTY ($1,850.00) DOLLARS per month for the support of the parties' minor children. The parties agree to share equally all unreimbursed medical expenses for the children. The parties shall, contemporaneously with the signing of this Agreement, execute a Stipulation as to Support which shall be entered as an Order in the Cumberland County Domestic Relations Section. The effective date of said Order shall be April 1, 2008. 23. DEPENDENCY EXEMPTION: The parties agree that the tax dependency exemptions for their children, Chaelan and Matthew, shall be taken by WIFE for as long as the children are eligible under the current law. 24. LIFE INSURANCE: HUSBAND is the owner of a life insurance policy through his employer, EDS, and a life insurance policy through the Servicemen's Group as a result of his former military service. It is understood and agreed by and between the parties that HUSBAND shall maintain and keep in full force and effect said life insurance policies, or other equivalent policies, in the minimum amount of $300,000.00 upon his life wherein the parties' children shall be named irrevocable beneficiaries until they reach the age of twenty-three (23) or graduate from college or 14 technical school, whichever shall occur last. WIFE shall have no personal right, title, claim or interest whatsoever in the said policies but may enforce any rights of the children therein as their parent and natural guardian, and it is specifically understood and agreed that WIFE shall be named and designated as such guardian and trustee until they reach the age of twenty-three (23) or graduate from college or technical school, whichever shall occur last. 25. COUNSEL FEES: Neither party shall have any liability to the other for reimbursement of attorney's fees incurred by the other party in connection with the negotiation and preparation of this Agreement or in connection with any legal or equitable proceedings between the parties which have preceded the execution of this Agreement. 26. TAX ADVICE: Wife hereby acknowledges and agrees that she has had the opportunity to retain her own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, WIFE has not been given any tax advice whatsoever by Kristopher T. Smull, Esquire. WIFE hereby acknowledges that she has been advised to seek her own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the WIFE acknowledges and agrees that her signature to this Agreement serves as her acknowledgment that she has read this particular paragraph and has had the opportunity to seek independent tax advice. Kristopher T. Smull, Esquire, has not represented HUSBAND in any manner whatsoever or advised him with regard to the tax implications of this Agreement. 15 HUSBAND, at the commencement of, and at all stages during the negotiation of this Agreement, has been advised by Kristopher T. Smull, Esquire, that he could be represented by his own counsel but at all times has elected not to be so represented. 27. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal or State income tax is proposed, or any assessment of any such tax is made against either of them, they will be jointly responsible for any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. 28. 2007 INCOME TAX RETURNS: The parties agree that WIFE shall receive any tax refund derived from their filing of joint Federal and State income tax returns for tax year 2007. The parties shall be jointly responsible for any deficiency that may result from the filing of said returns. 29. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this 16 Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 30. WAIVER OF ALIMONY. ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to their support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, and spousal support, except as specifically provided for herein. 31. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, 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. 32. 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 seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be 17 responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 33. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 34. 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. 35. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and 18 Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 36. 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, successors and assigns. 37. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 19 38. 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. 39. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 40. 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 strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 41. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 20 42. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. -- r (SEAL) WITNESS' Pamela L. Stier (SEAL) WITNESS Matthew WSti 21 COMMONWEALTH OF PENNSYLVANIA) SS: COUNTY OF 1.i ) 14 , On this, the /C ? day of 2008, before me, a Notary Public, the undersigned officer, personally appeared Pamela L. Stier, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA i NOTARIAL SEAL MICHAEL R. CARANCI, Notary Public Notary Public Lemoyne Boro. Cumberland County My Commission Expires June 15, 2010 COMMONWEALTH OF PENNSYLVANIA) SS: COUNTY OF'?,$iL??', 3 ) On this, the =day of 2008, before me, a Notary Public, the undersigned officer, personally appeared Matthew L. Stier, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MICHAEL R. CARANCI, Notary Public Lemoyne Boro. Cumberland County My Commission Expires June 15, 2010 Notary Public 22 .a FT. 44 PAMELA L. STIER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-7393 MATTHEW L. STIER, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 7, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. 4. I understand that I may lose rights concerning alimony, division of property lawyer's fees or expenses if I do not claim them before the divorce is granted. 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: a Ll U? V Matthew L. Stier XrIP3 n ?j? 1 V pW'?se i L COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MICHAEL R. CARANCI, Notary Public Lemoyne Boro. Cumberland County My Commission Expires June 15, 2010 cr? C7 I'i t _? t z o 4 PAMELA L. STIER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-7393 MATTHEW L. STIER, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are 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: Matthew L. Stier ?a ;dom.. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MICHAEL R. CARANCI, Notary Public Lemoyne Boro. Cumberland County IMy Commission Expires June 15, 2010 ? ? ?? c ? ` 'Tl _? -?.?, _.?. ,,,r, _ "L`1 i ? i „'= ;.,?,:? .? ??'T ? :? ` _ , i? , ?` l C`? ..? :? ?-„ ' t 4A? PAMELA L. STEER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-7393 MATTHEW L. STIER, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 7, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before the divorce is granted. 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: `, Pamela L. Stier ?? N ? ; -°n _ , --? ' iT 2 ? -? A'T`` ;? C;7 1 _.. ? ? r t- ' ?::? Z' .',. ti C?? ?v -? .? "'C J C PAMELA L. STIER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-7393 MATTHEW L. STIER, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER & 33010 OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. DATE: Pamela L. Stier y ?? 10 ? r° c+ 0 T'l C_ N ,) m L ? 10 MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff PAMELA L. STIER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW L. STIER, Defendant NO. 07-7393 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: service was made by United States Mail, first class, postage prepaid, certified, restricted, docketed to No. 7005 0390 0005 2244 1910, on December 17, 2007. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff, Pamela L. Stier, on April 15, 2008; by Defendant, Matthew L. Stier, on April 15, 2008. 4. Related claims pending: Settled by Agreement dated April 15, 2008. .-' 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Waiver of Notice is being filed simultaneously herewith. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Waiver of Notice is being filed simultaneously herewith. Respectfully Submitted: MARIA P..GQGNETTI & ASSOCIATES Date: ?Jjq By: ?M?eAD ST PHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff r?- c' C7 _zj C.r}'r ? rzl r; ?s+ o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. PAMELA L. STIER, l? Plaintiff VERSUS MATTHEW L. STIER, Defendant N 0. 07-7393 CIVIL TERM DECREE IN DIVORCE AND NOW, 1 'r? 2008 IT IS ORDERED AND DECREED THAT PAMELA L. STIER AND MATTHEW L. STIER ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IyyNTHIS ACTION FOR-WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; k??/ ???? LCT The terms- of the parties-' Property Settlement Agreement dated April 15 2008, BY THE COURT: ATTEST: J. ?1'r % - I cm -A PROTHONOTARY fez?o ?. y y ? 4 k