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HomeMy WebLinkAbout04-1186 STEVEN B. DECK, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW : NO. oLf- (/ ~~ ~ : IN DIVORCE SUSAN M. DECK, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office, Cumberland County Courthouse, Cumberland, 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, PA 17013 (800) 990-9108 STEVEN B. DECK, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW : NO. /)4 ~ 1/ fit? C- ' v: I : IN DIVORCE - I e--r rt\ SUSAN M. DECK, Defendant COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, STEVEN B. DECK, by and through his attorney, ROBERT B. LIEBERMAN, ESQUIRE, and seeks to obtain a Decree in Divorce from the above-named Defendant, SUSAN M. DECK, upon the grounds hereinafter set forth; 1. Plaintiff is STEVEN B. DECK, an adult individual, residing at 14 Cicada Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is SUSAN M. DECK, an adult individual, residing at 3500 Logan Street, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 2, 1987 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of United States of America. . 7. The Defendant is not a member of the Armed Services of the United States. 8. The Plaintiff has been advised of the availability of marriage counseling and understands that he may request that the Court require the parties to participate in counseling. 9. The Plaintiff avers that the marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff, STEVEN B. DECK, respectfully requests this Honorable Court to enter a Decree in Divorce pursuant to the Divorce Code. Respectfully submitted, DATED: 3- ,(..' o'i ~i~~~O:;'- 500 N. Third Street, lih Floor P.O. 1004 Harrisburg, PA 17108-1004 (717) 236-1485 Attorney for Plaintiff .. . VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct based upon my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904, relating to unsworn falsification to authorities. DATED: ~\\(",lo1 ~~~ STEVEN B. DECK, Plaintiff (_._~'\ \70"~ ~J -C 'i--- ~ C' '="1 "' "1>"" <-f "")> - .,...J......../ ......1 , . s:-> cI -. ~. c/\ C: W' L....l"' I' e/" c/, c- C" . STEVEN B. DECK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. SUSAN M. DECK, Defendant NO. 04-1186 CIVIL CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE; COMMONWEAL TH OF PENNSYL VANIA COUNTY OF DAUPHIN SS. Personally appeared before me, a Notary Public in and ~Dr said Commonwealth and County, ROBERT B. LIEBERMAN, ESQUIRE, who, being duly sworn according to law, deposes and says: I. That on March 22, 2004, a Complaint in Divorce was filed on behalf of Plaintiff and against Defendant in the above case. 2. That on March 23, 2004, I forward by certified mail, return receipt requested, restricted delivery a certified copy of the Complaint in Divorce to Defendant, Susan M. Deck, at 3500 Logan Street, Camp HilI, Cumberland County, PA. 3. That the aforesaid copy of the Complaint in Divorce sent to Defendant, Susan M. Deck, was delivered, on March 27, 2004 as evidenced by the return receipt card signed by Defendant and attached hereto. 4. That to the best of my information and belief the signature on the return receipt card is, in fact, the signature of Defendant, Susan M. Deck. SWORN TO and ~scribed before me this 6 day of.-liPIliL ,2004. ~;tq-O~0 tary Public My Commission Expires: ; Ii, Attorney for Plaintiff j8. ... ~ ru c U.S Postal SNVIC" CERTIFIED MAIL RECEIPT (Domestic Mall Only No Insu,dncc Cover.! 'Provided) -Sin;;i'-~if;:--S-usan---M.---DIiIGk---------------------- ---------- _O'I'~_BoX.No__3500 Logan street City, State, ZIP+4 ____nn_nnn_________________________.__nn_n__________________ camp Hill, PA 17011 C I"Tl IT" I"Tl U1 c:J Certified Fee C C Return Receipt Fee (Endorsement Required) o Restricted Delivery Fee g (Endorsement Required) .-'I Total Postage & Fees ru CJ Sent To C ['- Postmark H'rn "~ ~ ~ ~ I l! ~ 00, M CL . Ii!!: = lfl ~ ~il!1!g~ 0' ~ ('oj ";.: ""0 c:l-~~ M Qir-- !!l1"C C__ . ': Qi~ , Ul 0 'E -.a Cl .. ;i'~~ B~l ...,<l: "l!' >"0 ".l'l . 00"" :.- i5 :;:: Cl;1- II) 8 "i~"OE5[ ~ - ,:Ili rd..... ~:i iBis", 9 rd 0>..... ~t:g ~ ~~~ i Ul 0.... ;::l HP:l ", il ~ iE 00 "::i::al'l J 0 p, I~. Ij 15 0 Ei i Ul lfl rd dHil<15 :f:Mt) .' . . --' 2>);13/04 .. " Ii ~ ~ ::; .E a = .~ . g ::;0: I ~ . .0 , . ..q wo:" ODD 1 ! ~ - ~ "iij 'i 2: 3.::; i::; ~ ~~.~ i ~~;n ~ ,htD 0 l .; "' ~ II: . i .. ... ~ ru 0 0 m a- m I U1 Q c j Q Q J c c r'\ ru Q Q ['- 8 N 1 ) I! ~ ~ CD II 0') E 0 u- N '" Q. . r--:. :::< n S -, r:;> - - . .-.., = c:~,) ~- .:;:,." -CI ~':~ n -f! :-7} fii:!] r-~ --c~n :-trci ,-I ! .<'_1!;.) I --./ STEVEN B. DECK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 04-1186 CIVIL SUSAN M. DECK, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 22, 2004. 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 true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. DATED: 1?'-5~o5 XLU4n yJ1. JJ~j / SUsan M. Deck, Defendant . " " , . .." " (') f~_-: <-> = o:::.~? c..."'1 o " ::c' r'l1 ::n ," -01"""-; ::? c;:~ .:C) ;S~: :;:~:-l ~D -< (/.> '" -"() I en <"^.' o STEVEN B. DECK, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Jh<D- SUSAN 1'(.bECK, Defendant CIVIL ACTION - LAW : NO. 04-1186 CIVIL : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in 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. J understand that I will not be divorced until a divorce decree is entered by the Court and that a copy ofthe decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this Waiver of Notice 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. DATED: 8:'- 5-0(" ~A"" 7f! I).f-e~, Susann q;ck, Defendan"flJt41- ....' C;::J ~-:;:> <Y' (f> re', -u , 0"' ~ 1.-<; ;1'\"::: -0" , ,C'y "^j ("",). ..-1 ~;. .,:~rl; . , ':":;., <;~ ::< -0 :::',~. ,-;.? c::; STEVEN B. DECK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. No. 04-1186 SUSAN M. DECK, Defendant CIVIL ACTION - LAW IN DIVORCE MARRIAGE COUNSELING AFFIDAVIT The Defendant, being duly sworn according to law, deposes and says: I. I have been advised ofthe availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's office, which list is available to me upon request. 3. 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. 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. Dated: f? - 5 - 0..5 ~Yl;~ Susan M. Deck, Defendant ,...> ~ '-" tI'" c.:J \ Cf' ..-0 '?~ o "(\ ~.-(\ ""rD -:o}q r),C~ ;':X'F~~~ I~)......--(\ "7)\ ,/\ ~ 'f. .- o STEVEN B. DECK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-1186 CIVIL SUSAN M. DECK, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on March 22, 2004. 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 true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. DATED: Cf!,<;!05" --~~~.~l Steven B. Deck, Plaintiff ,..;> C',:;::l ,= o.r< (n .." -1:l !'.:l C> -0 -:':": I): ~ ~e -o<;!\ -0 '-' "")h ::-1~. -r; -l' -(,~.JJ -~(') ~.,.)rn S, -po ~ <f\ STEVEN B. DECK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-1186 CIVIL SUSAN M. DECK, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE I. I consent to the entry of a final Decree in 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. S 4904 relating to unsworn falsification to authorities. DATED:---.i{15/~ -~~~P-tl Steven B. Deck, Plaintiff ~ --to, ;;,', il"';:: ~'I ~:.;:; ...' ~ U' 'PO --0 ~ (r, r;;~,~: -~ <;;(, ~~ -of(.;, -'11::? "0. C) <:}.-o(, "l'5'tS ";; ~f\ , ) ';:A 7" -11 ..., ~ ~ .- <.1\ SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 5 ptay or<J-M ~ ,2005, by and between STEVEN B. DECK, now of Mechanics burg, Cumberland County, Pennsylvania, hereinafter referred to as "Husband", -AND- SUSAN M. DECK, now of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 2, 1987, in Mechanicsburg, Cumberland County, Pennsylvania; and WHEREAS, two children were born of the marriage namely: BRANDON T. DECK and ALL YSON M. DECK. WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another and are desirous, therefore, of entering into an Agreement which is considered to be an equal division of all joint property and will provide for their mutual responsibilities and rights growing out of the marriage relationship. NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt of 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. SEP ARA TION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 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 molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Husband has filed a Complaint in Divorce in Cumberland County, Pennsylvania, on March 22,2004 docketed to No. 04-1186 Civil claiming that the marriage is irretrievably broken under the no- fault, mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. Husband and Wife hereby express their agreement that the marriage is irretrievably broken and each express their intent, contemporaneously herewith, 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. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. Neither party to such action shall seek alimony or support contrary to the provisions of this Agreement. It is further specifically understood and agreed by the parties that the provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. -2- Should a decree, judgment, order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, divorce or order of separation 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 being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, order of separation or divorce. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment or decree and to be forever binding and conclusive upon the parties. 3. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. DEBTS AND OBLIGATIONS. Husband represents and warrants to Wife that 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 he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him, except as otherwise set forth herein. -3- Wife represents and warrants to Husband that 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 she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her, except as otherwise set forth herein. 5. MUTUAL RELEASES. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any and all cause or causes of action for divorce and except any or all causes of action for breach of any provisions of this Agreement. Further, each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 6. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other household personal property between them. The -4- parties mutually agree that Wife shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in her possession and that Husband hereby releases and relinquishes any right, title or interest he may have had in the past or now has in the tangible personal property in Wife's possession. The parties further agree that Husband shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his possession and that Wife hereby releases and relinquishes any right, title or interest she may have had in the past or now has in the tangible personal property in Husband's possession. 7. VEHICLES. Wife shall retain possession and ownership of the 2003 Saturn Vue presently in her possession, free and clear of any claim, right, title or interest in said vehicle on the part of Husband. Wife shall assume the full and sole responsibility for the payment of the loan obligation due and owing in connection with said vehicle with General Motors Acceptance Corporation and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of said debt. Husband agrees to execute the title transferring full ownership of said vehicle to Wife as soon as it may be accomplished by the parties. Husband shall retain possession and ownership of the 2005 Chevrolet Equinox free and clear of any claim, right, title or interest in said vehicle on the part of Wife. Husband shall assume the full and sole responsibility for the payment of the loan obligation due and owing in connection with said vehicle with Members' First Credit Union and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of said debt. 8. PROPERTY SETTLEMENT Husband hereby agrees to pay to Wife, following delivery to Husband's attorney a deed executed by Wife transferring her interest in the parties' marital residence, the total sum of Thirty Thousand ($30,000.00) Dollars which sum -5- Wife hereby agrees to accept as a full, complete and final property settlement between the parties. 9. REAL EST A TE The parties acknowledge that they jointly own a marital residence located at 14 Cicada Drive, Mechanicsburg, Cumberland County, Pennsylvania. Wife, contemporaneously with the execution of the within Agreement, shall execute a deed transferring all of her right, title and interest in and to the aforesaid marital residence to Husband. Said deed shall be held in escrow and not recorded until Husband complies with the terms hereinafter listed in Section 9 of the Agreement. Husband shall assume the current mortgage with Sun Trust Mortgage Company (hereinafter "Sun Trust"). If Husband is unable to assume the current mortgage with Sun Trust for any reason, Husband shall refinance the current mortgage within ninety (90) days of notice of denial from Sun Trust. Husband shall assume as his sole obligation all of the expenses incident to the use of the aforesaid marital residence including, without limitation, any and all mortgage payments (either assumed through Sun Trust or a new mortgage), liens, taxes, liability and fire insurance, utilities, sewer, water, refuse collection, assessments, proper maintenance, repairs, additions and improvements and he further covenants and agrees to indemnify and hold Wife harmless from any such liabilities, obligations or expenses or any claims or demands as a result hereof. 10. CABIN Wife, contemporaneously with the execution of the within Agreement, shall execute a deed transferring all of her right, title and interest in and to the cabin to Husband and the other present owners. Wife acknowledges that she has no interest whatsoever in said cabin. -6- 11. SEPARATE ASSETS. The parties hereby agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one or more of the parties hereto, the party not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 12. RETIREMENT AND PENSION PLANS. Each of the parties shall retain as their sole, separate and exclusive property any and all pensions, retirement or 401(k) plans presently titled in their respective names free and clear of any claim, right, title or interest on the part of the other. 13. TRANSFERS SUBJECT TO EXISTING LIENS. Notwithstanding any other provisions in this document, all property transferred hereunder is subject to the lien or liens that may exist. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 14. CHILD SUPPORT Husband hereby agrees to pay to Wife for the support of their minor children the sum of Six Hundred Fifty ($650.00) Dollars per month until their older child, BRANDON T. DECK, graduates from high school or no longer resides with Wife, whichever event occurs first. Following the occurrence of one of the aforesaid events, the parties shall renegotiate the monthly support obligation due for their minor daughter, ALL YSON M. DECK. Wife shall immediately discontinue and dismiss the support action pending in Cumberland County, Pennsylvania to No. 1176 S-2004 (PACSES No. 364107026). In the event -7- that Wife shall, at any time, initiate another action for support of the children in Pennsylvania or any other jurisdiction, despite the within provision, Husband's obligation and responsibility to pay support pursuant to the within provision shall cease and become null and void. Husband's obligation concerning support shall not exceed an amount which he is required to pay through any action for support filed by Wife. Wife shall indemnify and shall save Husband harmless for any amount which may exceed the monthly obligation setforth hereinabove. In addition to the obligation for child support, the parties hereby agree to equally share any and all uninsured medical, dental, orthodontic, psychiatric and psychological expenses which may be due and payable for either of the children until graduation from college or until either of the children is no longer maintained on Husband's medical insurance, whichever event occurs first. Husband shall pay the first $250.00 of the aforesaid uninsured expenses per year for each child and Wife shall pay the next $250.00 per year for each child - the year shall begin as of the date of the within Agreement. The parties further acknowledge and agree that they shall equally share the listed expenses incurred by either of the parties for the benefit of the children: drum lessons, sports related expenses and church camp. Prior to the payment of any expenses not listed above, it is understood that the parties shall agree to the child participating in the specific activity or event. 15. CHILD CUSTODY. Husband and Wife_shall share joint legal custody of their children BRANDON T. DECK and ALL YSON M. DECK, and shall share physical custody equally pursuant to a schedule to which they have agreed upon for calendar year 2005. Husband and Wife acknowledge their agreement to enter into a physical custody arrangement, which shall be equal, for their minor daughter, ALL YSON M. DECK, for calendar year 2006 and each year thereafter. -8- 16. CHILD EXEMPTIONS. Husband and Wife hereby agree that they shall file separate Income Tax Returns for taxable year 2004 and thereafter. With respect to the child exemptions, Husband shall claim Brandon in taxable years 2004 and 2005 and Wife shall claim Allyson in taxable years 2004 and 2005. In the even numbered years, 2006 and 2008, Husband shall claim Allyson and in the odd numbered years, 2007 and 2009, Wife shall claim Allyson. 17. EQUITABLE DISTRIBUTION. By this Agreement the parties have intended to effect an equitable division oftheir jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 18. ADVICE OF COUNSEL. Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advise of his and her selections; that Husband has been independently representative by counsel Robert B. Lieberman, Esquire, and Wife has been independently representative by counsel Andrew H. Shaw, Esquire. 19. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may be reasonably required to give full force and effect to the provisions of this Agreement. -9- 20. VOLUNTARY EXECUTION. 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 in which such parties have any interest, the sources and the amount of the income of such party of every type whatsoever and of all the facts relating to the subject matter of this Agreement. 21. WAIVER OF RIGHTS. The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under the Divorce Code, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. 22. MODIFICATION AND WAIVER. A modification or waiver of any ofthe provisions of this Agreement shall be effected only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or -10- undertakings other than those expressly set forth herein. 24. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 25. INDEPENDENT SEP ARA TE 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. 26. BREACH. If either party breaches any provision ofthis Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other remedies or relief as may be available to him or her and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement or in seeking such other remedies or relief as may be available to him or her. 27. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 28. 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. 29. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective heirs, executors, -11- administrators, successors and assigns. 30. FINANCIAL DISCLOSURE. The parties confirm that each have relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Jt;:.::~ ,~ ~~ ~~~(SEAL) STEVEN B. DECK LA 4.v"\ J1l~k J (SEAL) --SUSAN M. DECK -12- COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF DAUPHIN On this ~ day of S:cPt.f.M ~~/2.... ,2005, before me, the undersigned officer, personally appeared STEVEN B. DECK, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. ~~ '2I,lLO,J COMMONWEALTH 'JF PENNSYLVANIA NOTARiAL SEAl CH~YL L. F~RGUSON. Notary Public City of Harnsburg. Dauphin County My Commissio>1 r <.id:~ ~i1 6, 2008 * * * * * * * COMMONWEAL TH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND On this rfl day of J! 'j "" -+- undersigned officer, personally appeared SUSAN M. DECK, known to me (or satisfactorily ,2005, before me, the proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. NO~ ~ 1/ !lid Notarial Seal '---1 .Andrew H. Shaw, Notary Pl,j)lic I CIty of Harrisburg, Dauphin County I My Commission Expires Oct. 24, 2006 i j -13- (] (-', ..-(. (..r, ~; :-": ~:l (:.:-'1 C) -11 I C;'. -.71 .# , STEVEN B. DECK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04-1186 CIVIL TERM SUSAN M. DECK, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Grounds for Divorce: Irretrievable Breakdown/Mutual Consent under Section 3301(c) ofthe Divorce Code. 2. Date and Manner of Service of the Complaint: March 27,2004, on Defendant, SUSAN M. DECK, as evidenced by an Affidavit of Service filed in the Prothonotary's Office of Cumberland County on April 7, 2004. 3. Date of execution of the Affidavit of Consent required by 93301(c) ofthe Divorce Code: Plaintiff September 15,2005, on Defendant on August 5, 2005. 4. Related claims pending - None. ... . , 5. Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: September 20,2005. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with Prothonotary: September 6, 2005. Respectfully submitted, DATED: q-;'D~~5 BY: f~~.~ , Robert B. Lieberman, Esquire 500 N. Third St., Twelfth Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 Attorney for Defendant 1"-.;) zf~ (;.-.I1 C) (~) (~) -n c...~j <-t'1 U": - STEVEN B. DECK V. SUSAN M. DECK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004 - 1186 CIVIL TERM ORDER OF COURT AND NOW, this 12TH day of OCTOBER, 2005, it appearing to the Court that the Defendant's Affidavit of Consent was not filed within thirty (30) days of its execution as required by the Rules of Civil Procedure, the request for the entry of a final divorce is DENIED without prejudice. ~en B. Deck 14 Cicada Drive Mechanicsburg, Pa. 17055 ~bert B. Lieberman, Esquire For the Defendant :sld -.-\ Edward E. Guido, J. f~J,Nn: ";r;:J L I :(, lJIj C I no sooz + + + + + + + + + + + + + + + + + + + + + + + + + + + + +++ + + + + + + ++ + + ~~+.~ +.~+.+.+.+.+.+. +. +.+.+. +.+.+.+.+.+.+~ + + + + + IN THE COURT OF COMMON PLEAS STATE OF + + + + + + + + + + + + STEVEN B. DECK, + + + Plaintiff VERSUS + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + SUSAN M. DECK, Defendant AND NOW, DECREED THAT AND OF CUMBERLAND COUNTY PEN NA. No. 04-11B6-CIVIL 2005 DECREE IN DIVORCE ~ N:r(,4.,f1 . 3tJ1( , IT IS ORDERED AND ()~ Ir STEVEN B. DECK , PLAINTIFF, SUSAN M. DECK , 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; The Separation and Property Settlement Agreement dated August 5, 2005 is incor orated, Decree in Divorce. ATTC'~~~ROT"OROTAR~ +. +.+. +. +. +.+. ++ ++ +.+. ++.+.+++++++ +++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + 'f+::+'+ ,,;fir -# ~ rnyu, 5" Ji. "I ~ ~-f~Jf4'; {'9 511.6,.a; 't~ , " .... ~- .~ .