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HomeMy WebLinkAbout01-6491STEVEN A. SHEELY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v. :NO. Ot- &cgql : STACIE M. SHEELY, : CIVIL ACTION - LAW Defendant : IN DIVORCE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other fights important to you, including custody or visitation of your children. When the ground for the divome is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 STEVEN A. SHEELY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v. :No. OW/ : STACIE M. SHEELY, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary STEVEN A. SHEELY, Plaintiff STACIE M. SHEELY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. Ot - . : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Steven A. Sheely, who currently resides at 2 Spartan Circle, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Stacie M. Sheely, who currently resides at 2 Spartan Circle, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on January 15, 1997, in Lake Tahoe, California. 5. 6. 7. There have been no prior actions for divorce or annulment between the parties. The Plaintiff is a citizen of the United States of America. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9. 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. The parties to this action have been separated since June 1, 2001. 10. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, the Plaintiffrequests the Court to enter a Decree in divorce dissolving the marriage between the Plaintiff and Defendant. D te 10- 8-01 JAMES, SMITH, DURKIN & CONNELLY Jol~ J.\Co~ti~ell~, Jr., Esquire At~om~ fl~/,~elain~t~ff k. P o s~l~'lce ~ ~ Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 I verify that the statements made in this Pleading are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. rote: /o -~ ST~v~'~ A. Sheely, Plaintiff THE ENCLOSED WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR a DEFAULT JUDGMENT MAY BE E~= AGAINST YOU BY JAMES, SMITH, DURKIN & CONNELLY, LLP P. O. BOX 650 HERSHEY, PENNSYLVANIA 17033-0650 STEVEN A. SHEELY, Plaintiff STACIE M. SHEELY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA :NO. O[- I..qq/ ~;o~(,., : : CIVIL ACTION - LAW : 1N DIVORCE Steven A. Sheely, social security no. 174-46-5558 Stacie M. Sheely, social security no. 355-78-5684 TWE~'~T"E ENCLOSED, 20, D^¥S Or SE"¥'CE ~"TH,. JAMES SMITH DURKIN A DEFAULT JUDGMENT MAY Be ENTERED A TRUE AND CORRECT COPY OF THE AGAINST YOU. ~ O. BOX 650 AWORNEY HERSHEY, PENNSYLVA~A 17033~50 DIVORCE RECORD OF OR ANNULMENT (CHECK ONE) [] Dc:, - 1. NAME HUSBAND DATE (Momtl) (Day) Year OF 3. RESIDENCE Street or R.D. C;~/;, Boeo. o~ '/b~. ~ ~ g. P~E ~ ~ ~ ~)  wH~ 8~K ~ER o~ ~s - ~ w~ ----- I~usu~ ~cu~o~ / 15. P~E OF (Count) CHI~REN ~IS CHILDREN UN~R 18 HUS~D WI~ ~ (~ HUS~D Wl~ O~ (~ 20. NUM"=~ OF HUSBAND W~FE SPUT CUSTuI,}¥ CHILDREN TO cusTOo¥o. [] [] [] 22. DATE OF DECREE i',~,',~,,'~) (Day) 24. SIGNATURE OF TRANSCRIBING CLERK I 21. LEGAL GROUNDS FOR (Yea~ I ~ DATE~ ~ALRE~RE~R~SE~ (~n~) ~y) STEVEN A. SHEELY, Plaimiff V. STACIE M. SHEELY, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 01-6491 : :CIVIL ACTION - LAW :IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire and Beckley & Madden, of Counsel, on behalf of the Defendant, Stacie M. Sheely, in the above-captioned matter. Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, Pennsylvania 17108 (717) 233-7691 Elizabeth S. Beckley, Esqul~ CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a tree and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: John J. Connelly, Esquire James Smith Durkin & Connelly P.O. Box 650 Hershey, PA 17033 Eliza/beth S. l~eck'~,'~s~ STEVEN A. SHEELY, Plaintiff Vo STACIE M. SHEELY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. 01 - 6491 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A 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 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. STEVEN A. SHEELY, Plaintiff STACIE M. SHEELY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : : NO. 01 - 6491 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 15, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed fxom the date of both the filing and service of the Complaint. 3. I consem to the entry of a fmal de~ree 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not 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.A. Section 4904, relating to unswom falsification to authorities. : · ~. Sheely, Dele ~ '"'- STEVEN A. SHEELY, Plaintiff Vo STACIE M. SHEELY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : : NO. 01 - 6491 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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 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.A. Section 4904, relating to unswom falsification to authorities. Date: Si'e~ A.-Sheely, Fl~fi~f'fl'~ff - STEVEN A. SHEELY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v. : NO. 01 - 6491 CIVIL TERM STACIE M. SHEELY, : CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 15, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce a~er 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. unswom falsification to authorities. Date: I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to ~A. Sheely, Plaifftiff J STEVEN A. SHEELY, PLAINTIFF Vo STACIE M. SHEELY, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01 - 6491 : : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, Elizabeth S. Beckley, Esquire, accept service of the Complaint in Divorce on behalf of my client, Stacie M. Sheely, Defendant, therein. E-~zab~ S. Bedldey, Es~'~ Attorney for Defendant Beckley & Madden 212 North Third Street Harrisburg, PA 17101 STEVEN A. SHEELY, Plaintiff V. STACIE M. SHEELY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA No. 01-6491 CIVIL TERM 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 Section (XX) 3301(c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Attorney for Defendant, Elizabeth S. Beckley, Esquire, signed an Acceptance of Service dated December 1, 2001. 3. Complete either paragraph (a) or (b).. (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff.' May 8, 2002; by Defendant: May 8, 2002. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been resolved and settled pursuant to a Property Settlement Agreement dated May 8, 2002. 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: 6. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) oftbe Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff.' May 8, 2002; by Defendant: May 8, 2002. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: PlaintiWs and Defendant's Waiver are being filed simultaneously with this Praecipe. Date: JAMES, SMITH, DURKIN & CONNELLY LLP Att~~JOp J. ., Esquire Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 ~ROPERTY SETTI~EMENT AGREEMENT THIS AGREEMENT, made this '~ day of ~ ,2002, by and between STEVEN A. SHEELY, hereinafter called "Husband", an~ STACIE M. SHEELY, hereinafter called "Wife". WITNESSETIt: WHEREAS, Husband and Wife were legally married on January 15, 1997; WHEREAS, differences have arisen between Husband and Wife in consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW THEREFORE, in consideration of the premises and covenants contained herein, it is agreed by and between the parties hereto that: It shall be lawful for each party at all times hereat~er to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfixiness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCES. Each party shall be free from interference, authority and control 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 molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. 3. DMSION OF REAL PROPERTY. Wife agrees to transfer all her right, rifle and interest in and to the real estate situated at 2 Spartan Circle, Camp Hill, Cumberland County, Pennsylvania, now rifled in the name of Husband and Wife as tenants by the entireties to the Husband. Wife agrees to execute a deed to the residence upon presentation to her counsel, Elizabeth S. Beekley, Esquire. The said deed shall be held in escrow by Wife's counsel and shall be released to counsel for Husband, John J. Connelly, Jr., Esquire, at the time Husband either refinances the property, enters into a mortgage modification releasing Wife's name from the obligation or sells the property. In the event Husband fails to have Wife's name removed from the mortgage to the property by January 1, 2003, the property shall be immediately listed for sale. Any proceeds derived from the sale of the property shall be retained by Husband. In the event there is a deficiency at the time of the sale of the property, Husband shall be responsible for that obligation. Pending the removal of Wife's name from the mortgage or sale of the property, Husband shall indemnify and hold Wife hamdess on the said mortgage obligation. In addition, Husband shall be responsible for any and all expenses relating to the real estate including, but not limited to, utilities, taxes and insurance. Wife further acknowledges that she has no claim, right, interest, or title whatsoever in said property in the future. 4. DMSION OF PERSONAL PROPERTY. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Wife shall retain her interest in the business known as Polished Nail Day & Sun Spa. Husband waives any claim he may have to the said business and personal property contained therein. 6. MOTOR VEltICLES. Husband shall retain ownership of the 1998 Jeep Grand Cherokee tiffed in Husband's name individually. Husband shall be solely responsible for the debt on the said vehicle to M & T Bank. 7. LIFE INSURANCE POLICIES. Each party shall retain as their sole and separate property any life insurance policies in the name of that party individ,,ally. 8. EOUITABLE DISTRIBUTION. Husband agrees to pay to Wife in the form of equitable distribution, the sum of $35,000.00 payable as follows: A. $7,000.00 upon the execution of this Agreement; B. $5,000.00 on or before June 1, 2002; and C. $1,000.00 per month payments for twenty-three (23) consecutive months beginning on July 1, 2002. 9. MEDICAL INSURANCE. Husband agrees that he will continue to carry Wife on his medical insurance through his employer and shall fully cooperate with Wife securing COBRA coverage after the finali?ation of the divorce action. Husband shall be responsible for the payment of the COBRA coverage premium. Husband's obligation to either carny Wife on his medical insurance through his employer or pay her COBRA coverage shall continue for a total period of thirty-six (36) months from the date of this Agreement. The obligation shall terminate at the end of the thirty-six (36) months or Wife's remarriage, whichever first occurs. Husband's obligation to pay for medical insurance hereunder shall terminate upon Wife's remarriage. 10. .aPPLICABILITY OF TAX LAW TO PROPERY 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 Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions oft_he said Act. 11. ASSUMPTION OF DEBTS. With the exception of the mortgage referenced in Paragraph 3 hereof and the vehicle debt referenced in Paragraph 6 hereof, each party shall assume any debts in that party's name individually. In the future, ail debts incurred by the parties shall be their individual responsibility. If either party breaches any provision of this Agreement, the other party shail have the right, at his or her election, to sue for damages for such breach. The party breaching this contract shall be responsible for the payment of legai fees and costs incurred by the other in enforcing his or her fights under this Agreement, or seeking such other remedy or relief as may be available to him or her. The parties specificaily acknowledge that they are entitled to utilize the remedies as set forth in the Divorce Code of 1980, as amended. 13. FULL DISCLOSURE. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever, and of ail other facts relating to the subject matter of this Agreement to which such party may reasonably require to make an informed decision regarding this Agreement. 14. ADDITIONAL INSTRUMENT. Each of the parties shall on demand execute and deliver to the other any deeds, bills of saie, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other ail attorneys' fees, costs and other expenses reasonable . incurred as a result of such failure. Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by mason Of debts or obligations incurred by her. 16. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife hairaless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 17. WAIVERS OF CLAIMS AGAINST ESTATES. Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all fights he or she may now have or hereafter acquire, under the present or 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, curtsy, statutory allowance, widow's allowance, fight to take in intestacy, fight to take against the Will of the other, and fight to act as administrator or executor of the other's estate, and each will, to the request of the other, execute, acknowledge, and deliver any and all imtraments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, fights and claims. A specific exception to the provisions of this paragraph shall be Wife's fight to claim against Husband's estate for any monies due her under the temas of this Agreement at the time of Husband's death. To that extent, this Agreemem specifically binds Husband's heirs, executors, administrators and assigns. 18. liEPRESENTATION. It is recognized by the parties hereto that Husband is represented by John J. Counelly, Jr., Esquire, and Wife is represented by Elizabeth S. Beckley, Esquire. It is fully understood and agreed that by the signing of this Agreement, each party understands the legal impact of this Agreement and further acknowledges that the Agreement is fair and reasonable and each party intends to be legally bound by the teims hereof. 19. VOLUNTARY EXECUTION. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreemem is fair and equitable, that it is being emered into voluntarily and that it is not the result of any duress or undue influence. 20. 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. 21. PRIOR AGREEMENT. It is understood and agreed that any and ail property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 22. MODIFICATION AND WAIVER. Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formaiity as this Agreement. The failure of either party to insist upon ~trict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 23. GOVERNING LAW. This Agreemem shall be governed by and shall be constmed in accordance with the laws of the Commonwealth of Pennsylvania. 24. INDEPENDENT SEPARATE COVENANTS. It is specificaily understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invaiid 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 vaiid and continue in full force, effect and operation. 26. ENTRY AS PART OF DECREE. It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgement or decree of divorce, temporary, final or permanent shall affect or modify the financial terms of this Agreement. This Agreement shall be made a part of, but shall not merge with, any such judgment or decree of final divorce. 27. DIVORCE ACTION. It is the intent of the parties that Husband shall file, at or about the time of the execution of this Agreement, a divorce action in the Court of Common Pleas, Cumberland County, Pennsylvania, alleging irretrievable breakdown. Section 3301 of the Divorce Code. At the end of the statutory waiting period, each party agrees that they shall execute Affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request Entry of a Divorce Decree permitting the divorce to conclude at the earliest possible date. 28. DOMESTIC R~I,ATIONS CODE OF TI-W. COMMONWEALTH OF Except as specifically provided in this Agreement, each party waives any claim they may have against the other under the Domestic Relations Code of the Commonwealth of Pennsylvania including, but not limited to, alimony, alimony pendente lite, counsel fees, costs and equitable distribution of marital property. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: J~J. ~,~, Jr., Es~ ~ l}iiza~eth S. Becl~iy~qu~ ~'~v~A. Sheely (a.SIa~e~lCl. Sheely (~ COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN : On this, the ~ day of u'///~l~. ,2002, before me, Notary Pubhc, personally appeared Steven A. Sheely,~/known to me to be the person whose name is subscribed to the within 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. /~NOTARY tiUBLliC COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN : NOTARIAL SEAL Jean L. Kosier, Notary Public City of Hummelstown,County of Dauphin My Commlaaton Expires Feb. 9, 2004 Onthis, the ~ dayof~~ ,2002, beforeme, aNotaryPublic, personally appeared Static M. Sheely, knowrl~o me to be the person whose name is subscribed to the within 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. ~/NOTARY~L~LICI NOTARIAL SEAL Jean L. Kosier, Notary Public City of Hummelstown,County of Dauphin M Commission Expires Feb. 9, 2004 Y - .......... IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY St/kTE OF ~~~ PENNA. STEVEN A. S~W.w.T.y, Plaintiff VERSUS STAClE M. SHEELY~ Defendant NO. 01-6491 CIVIL TERM DECREE in DIVORCE AND NOW,~ DECREED THAT , PLAINTIFF, AND STACIE M. S~RRLY , DEfENDANt, ARE DIVORCED FROM THE BONDS Of MATRIMONY. THE COURT RETAINS JURISDICTION Of THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTEred; None The attached Property Settlement Agreement is hereby incorporated, but not merged, into this Decree in Divorce BY T / U PROTHONOTARY