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HomeMy WebLinkAbout04-5945 Johnson, Duffie, Stewart & Weidner By: David W. DeLuce J.D. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff BROOKS E. ST AHLNECKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. (j-f ~-z, ~lVIL TERM v. JENNIFER A. ST AHLNECKER, CIVIL ACTION - LAW IN DlVORCE 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 Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISlON OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffie, Stewart & Weidner By: David W. DeLuce I.D. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff BROOKS E. ST AHLNECKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0'1 ~ ,j1'/S/CIVIL TERM ClVIL ACTION - LAW IN DIVORCE v. JENNIFER A. STAHLNECKER, Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(cj OR 3301(dj OF THE DIVORCE CODe AND NOW. comes the Plaintiff, Brooks E. Stahlnecker, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Jennifer A. Stahlnecker: 1. The Plaintiff is Brooks E. Stahlnecker, an adult individual, residing at 150 Grandview Drive, Unit #11, Watsontown, Northumberland County, Pennsylvania 17777. Plaintiff's Social Security Number is 173-48-7703. 2. The Defendant is Jennifer A. Stahlnecker, an adult individual, residing at 1650 Airport Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. Defendant's Social Security Number is 175-52- 6086. 3. The Plaintiff and Defendant were married on September 10, 1994, in Northumberland County, Pennsylvania. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of marriage counseling and he may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce. :233642 VERIFICA TlON I, Brooks E. Stahlnecker, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A ~4904, relating to unsworn falsification to authorities. Date: JI-[f-04 gvA~.~ Brooks E. Stahlnecker Johnson, Duffie, Stewart & Weidner By: David W. DeLuce I.D. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff BROOKS E. STAHLNECKER, lN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. CIVIL TERM v. JENNIFER A. STAHLNECKER, CIVIL ACTION - LAW IN DIVORCE Defendant AFFIDA vir BROOKS E. STAHLNECKER, being duly sworn according to law, deposes and says: 1. 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. 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 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. ~4904, relating to unsworn falsification to authorities. Date: j, i -rf-ot( 6 ,~ r .J>L- Brooks E. Stahlnecker 0t)-R -3 ..-.J ~ c::::>() ~\j __. N ~cY (;:\ ~ - ----- .......r\ C). ~ Q \\"~) ~? ~ 5;2 0 ,>,; 11 ,- =-- :; c5 :? _;;: fi, :r:; ~ ?[J 23 ,,_) 1. ? .;:J9 ..-t: ():!j -:;_ ~~f~ ~ i? Johnson, Duffle, Stewart & Weidner By: David W. DeLuce J.D. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorn(~ys for Plaintiff BROOKS E. ST AHLNECKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5945 CIVlL TERM v. CIVIL ACTION - LAW JENNIFER A. STAHLNECKER, IN DlVORCE Defendant RETURN OF SERVICE The undersigned makes the following return of service: The Complaint in Divorce was mailed to the Defendant, .Jennifer A. Stahlnecker, on December 2, 2004 at 1650 Airport Road, Mechanicsburg, Pennsylvania 17055. -L A copy of the signed return receipt indicating serviCE! was completed on December 6, 2004 is attached hereto. The mail, refused and returned, is attached. A copy mailed to the Defendant at the same address by ordinary mail with the return address of the sender appearing thereon has not been returned within fifteen days after mailing. I, David W. DeLuce, certify that I am a competent adult not a party to the action. I verify that the statements made in this affidavit and return of service are true and correct. I understand that false statements herein are made subject to the p,enalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. /2l/~1 Date: :233642-6 . " U,S. Postal Service CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Covfrage Provided) .::s- O I"- ...D Lrl o:Q nJ I"- l...l..'AI....,.J.......toI.J.. OFFICIAL USE Postage $ .::s- O o I"- nJ o ~ Retum Reclepl Fee (&ndorsemenI Recjulred) CJ ReslricIed DelIve1y Fee Lrl (Endorsement Required) I"- o CertlIIedFee 0002 7285 6704 ~ IWum IiteoIIpt ulm au, 1140 -<. ~~j !<'- ~(") C;;:::O .....c z ~ r',<) ( g -,,- f;:::l r.... ("; ~ (",J .. I ,\ C') ,-_. ..... '. [) COpy MARITAL SETTLEMENT AGREEMENT (( Ll ---- THIS AGREEMENT ("Agreement"), made this y~ day of nU:JJ.I , 2004, by and between BROOKS E. STAHLNECKER, of Mechanicsburg, Cumberland County, Pennsylvania, (hereinafter "HUSBAND") and JENNIFER A. STAHLNECKER, of Mechanicsburg, Cumberland County, Pennsylvania, (hereinafter 'WIFE"); WITNESSETH: WHEREAS, the parties hereto were married on September 10, 1994; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, Including but not limited to: the equitable distribution of the marital property; past, present, and future support; alimony, alimony pendente lite, and in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and for other good and valuable consideration, the parties, intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this agreement and their legal effect have been fully explained to HUSBAND by his counsel. Husband is represented by David W. DeLuce, Esquire. WIFE is not represented by counsel though strongly urged by counsel for HUSBAND not to proceed without counsel and to seek independent legal advice before signing this Agreement. Nonetheless WIFE waives such right and elects to proceed pro se. The parties further declare that each is executing this Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations or, if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud. coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to ~ 3301 (c) of the Divorce Code. The parties agree to execute Affidavits of Consent for divorce and Waiver of Notice of Intention to Request Entry of a Divorce Decree when requested by the other party. The parties acknowledge that they have lived separate and apart since July 21, 2004. HUSBAND agrees, at his expense, to direct his attomey to file a no-fault divorce action in the Cumberland County Court of Common Pleas and to pay the costs associated therewith. It is the parties intention to have a final decree in divorce before December 31, 2004. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" or "execution date" .of this Agreement shall be defined as thEl 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 last party executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and all amendments thereto. Each party absolutely and unconditionally releases the other and his or her heirs, executors and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a life time conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other including claims for alimony, alimony pendente lite and spousal support except as is specifically provided for in this Agreement. 5. FINANCIAL DISCLOSURE. The parties represent and warrant that the disclosures each have made are truthful, accurate and complete. The parties confirm that each has sufficient knowledge of the financial circumstances of the other or has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have a right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and the terms adequately provide for his or her interests, and that this Agreement is not the result of fraud, duress, or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as if fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are joint owners of real property located at 1650 Airport Drive, Mechanicsburg, Cumberland County, Pennsylvania. The parties acknowledge there is an outstanding mortgage against the marital residence in favor of ABN/AMRO Mortgage Company. Effective September 1, 2004, WIFE will be solely responSible for the mortgage and shall timely pay all obligations thereunder as shall become due and payable and shall keep HUSBAND and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorney's fees, incurred in connection therewith. WIFE agrees, effective September 1, 2004, to change all utilities to her name only. After the parties execution of this Agreement, WIFE shall continue to reside in the marital residence through to and including September 30, 2005 and shall be responsible for all debts and obligations affiliated with maintaining said marital residence including, but not limited to, utilities, homeowner's insurance, landscaping, and other routine and necessary maintenance of the real property. On or before September 30, 2005, WIFE shall either sell the real property to a third party or refinance the ABN/AMRO Mortgage thereby removing HUSBAND's name from all debts and obligations affiliated with the property. Upon such removal of HUSBAND's name, he will execute a deed conveying all interest in the property to WIFE. In exchange for such conveyance, WIFE shall pay HUSBAND fifty (50%) percent of the "equity" in the marital residence. This "equity" shall be calculated by ascertaining the fair market value of the real property as determined by a qualified real estate appraiser agreed upon by the parties less the balance of the ABN/AMRO Mortgage at the time. In the event that the property is sold to a third party, the parties shall equally divide the net sale proceeds. WIFE may sell the property or refinance the mortgage prior to September 2005 and HUSBAND agrees to cooperate in any conveyance or refinance to facilitate a timely transfer. Until said time of conveyance or refinance by WIFE to remove HUSBAND's name, any repairs or maintenance required of the home exceeding $250.00 shall first be agreed upon by the parties and the cost shall be split equally. 8. DEBTS. HUSBAND represents and warrants to WIFE that as of his execution of this Agreement he has not and in the future 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 and demands made against her by reason of such debts or obligations incurred by him since the date of said filing, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that as of her execution of this Agreement she has not and in the future 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 and demands made against him by reason of such debts or obligations incurred by her since the date of said filing, except as otherwise set forth herein. The parties hereby agree to retum and cancel any and all credit cards in their possession which bear the name of the other. The parties agree that any debts incurred on said credit cards following August 1, 2004 shall be the sole and exclusive responsibility of the party incurring the expense and shall save harmless the other from any obligations or institution of suit thereunder. The following is a list of current debts which the parties consider to be marital property with the approximate balance: BB&T Credit (199 Chevrolet Van loan) M&T Credit (1995 Chrysler loan) Citizen's Auto Finance (2000 Chevrolet Blazer loan) Home Depot- Wells Fargo Fumiture~ Circuit City.. Sears .. Discover Chase Manhattan $10,836.45 $3,912.00 $11,045.00 $700.00 $2,000.00 $1,300.00 $1,000.00 $1,642.00 $5,000.00 With the exception of the Citizen's Auto Finance obligation encumbering the 2000 Chevrolet Blazer, HUSBAND agrees to payoff, in full. all of the above debt obligations on or before September 1, 2004. With regard to the Citizen's Auto Finance debt encumbering the 2000 Chevrolet Blazer, HUSBAND agrees to timely make said monthly payments and indemnify and save WIFE harmless from any and all claims and demands made against her by reason of such debt or obligation. 9. RETIREMENT BENEFITS. A. HUSBAND has a SEP IRA Retirement Account having a current balance of approximately $15,000.00. WIFE forever waives any right, claim or interest in HUSBAND'S SEP IRA which shall become the sole and separate property of HUSBAND. B. WIFE has a 457 Retirement Plan from the Hartford Insurance Company resulting from her employment with Hampden Township which has a balance of approximately $10,000.00 as of the date of this Agreement. HUSBAND forever waives any right, claim or interest in WIFE's Hartford 457 Plan which shall become the sole and separate property of WIFE. C. WIFE has a Defined Benefit Pension Plan through her employment with Hampden Township. HUSBAND acknowledges that he is not aware of the marital value of this pension plan. Nonetheless, HUSBAND waives any right, claim or interest in WIFE's Defined Benefit Pension Plan from Hampden Township which shall become the sole and separate property of WIFE. 10. INCOME TAX RETURNS AND DEPENDENCY DEDUCTIONS. The parties have heretofore filed certain joint income tax returns and the parties represent and warrant to each other that they have heretofore duly paid, or, in the case of the 2004 tax returns, will pay all income taxes due on such returns; that they do not owe any interest or penalties with respect thereto; that no tax deficiency is pending or threatened against them; and that no audit is pending with respect to any such past retum. In the future, the parties may file joint or separate retums as they may agree. There is no agreement that they file joint returns for 2004. 11. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing, signed by each party to this Agreement. 12. AUTOMOBilES. The parties agree that HUSBAND shall retain possession and receive as his sole and separate property, the 2000 Chevrolet Blazer. The parties agree that WIFE shall retain possession of and receive as her sole and separate property, the 1999 Chevrolet Venture van and the 1995 Chrysler automobile. The parties agree to sign whatever documents are necessary to transfer title as agreed upon herein. The parties agree to maintain their respective vehicles and shall be solely responsible for all payments, maintenance, insurance and other costs or fees related to their respective vehicles. Each party agrees to indemnify and hold the other harmless for any and all liability related to their respective vehicles, and to execute any and all necessary documents to effect the transfer of the title of each vehicle as agreed above on or about September 1, 2004. 13. HOUSEHOLD GOODS AND PERSONAL PROPERTY. The parties agree that they have distributed and are currently in possession of the household goods and personal property which has been divided between them in a satisfactory and equitable manner. Furthermore, HUSBAND agrees to purchase a riding lawn mower for WIFE not to exceed $1,000.00 on or before September 1, 2004. The parties also agree to assign and transfer to HUSBAND as his sole and separate property the time share property located at Treasure lake in Dubois, Pennsylvania. WIFE agrees to sign all documents necessary to effect said transfer upon request by HUSBAND. 14. LIQUID MARITAL ASSETS. The parties presently maintain a joint bank account with Commerce Bank (Account No. 512108853). The parties agree that HUSBAND shall make estimated tax payments on or before September 15, 2004 from said joint account for federal, state and local taxes incurred by his income as an independent contractor. Said amounts will be determined by the parties' accountant, Donald Burgard, C.P.A. After said payments are made and all debts are satisfied from this account as designated in Paragraph eight (8) above, the parties shall equally divide the balance remaining in said joint bank account between them. After said estimated tax payments are made, in the event HUSBAND owes additional money for federal, state and/or local taxes, he shall paid said amounts from his own funds and not with the joint marital funds. The parties agree that they have no other joint bank accounts and that any and all previously existing jOint accounts and individual accounts have been divided to their satisfaction. Any individual accounts owned by the parties at the time of their execution of this Agreement shall become the sole and separate property of the party in whose name the account is currently titled and both parties waive any rights that they may have to the bank or credit union accounts of the other. 15. ALIMONY. The parties stipulate and agree that HUSBAND shall pay WIFE alimony in the amount of $850.00 per month beginning in September 2004 for thirteen (13) consecutive months with the last monthly payment due on or before September 5, 2005. All payments shall be received by WIFE on or before the fifth (5th) day of each month. The parties agrees that the term of alimony is not modifiable and is contractual in nature. The monthly alimony payments shall terminate upon the death of either party, WIFE's cohabitation with a person not within the degrees of consanguinity in excess of ten {10} consecutive days. or her remarriage. The monthly amount of the alimony may be modified only upon a substantial involuntary reduction of HUSBAND's earnings. Should a substantial involuntary reduction in eamings occur, the parties agree to renegotiate the amount of alimony obligation from HUSBAND to WIFE. For purposes of this Agreement, a .substantial involuntary reduction" shall mean a reduction of net income in excess of twenty-five (25%) of HUSBAND's gross eamings per year as shown on wage statements from his employer or contractor. Also, should this substantial reduction in eamings occur by reason of a disability in excess of thirty (30) days duration, the parties agree to renegotiate the amount of alimony. The parties stipulate and agree that the reopening of alimony shall require each of them to share full and fair disclosure of information regarding their income, and in all events shall not exceed thirteen (13) monthly payments which begin in September 2004. 16. 2004 TAXES. The parties intend to finalize the divorce during 2004 and intend that each will file separate tax retums. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in event any deficiency in federal, state or local income taxes paid or any assessment of any such taxes made against them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature or extent of his or her separate income on the aforesaid returns. 17. HEALTH INSURANCE BENEFITS. The parties acknowledge that HUSBAND is currently a participant in WIFE's health insurance benefits as provided by her employer. WIFE agrees to keep HUSBAND on her health insurance benefits plan until HUSBAND can acquire his own health insurance benefits through his employer or an independent source. In all events, WIFE shall terminate HUSBAND from her health insurance plan upon the entry of a final Decree in Divorce between the parties. 1 B. ALIMONY, ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT. HUSBAND and WIFE waive any right which either may now or hereafter have for spousal support, maintenance. counsel fees and expenses, alimony pendente lite or alimony, except as is specifically set forth in this Agreement in Paragraph 15. The parties further release any rights that they may have to seek modification of the tenns of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of the parties obligation to contribute to the support or maintenance of the other. 19. COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of the Agreement, including but not limited to the signing of documents to effectuate the transfer of the assets as described in this Agreement. 20. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under Federal or State law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attomey fees and costs incurred in the enforcement of this paragraph or any other provisions of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that an obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future. any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 21. ATTORNEY FEES. COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek contribution thereto from the other party except as otherwise expressly provided herein. 22. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provisions of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs. expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 23. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a) The right to obtain an inventory and the appraisement of all marital and non- marital property; (b) The right to obtain an income and expense statement of either party; (c) The right to have all property identified and appraised; (d) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; (e) The right to have the court make all determinations regarding marital and non- marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 24. 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. 25. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. 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 for herein. 27. CONTRACT INTERPRETATION. For purposes of contact interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF. the parties hereto have set their hands and seals of the day first written above. This Agreement is executed in duplicate and in counter parts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. '- ~j(J..40~R~..i Witness {~[~ Brooks E. Stahlnecker ~~~ (\ ~~~ ~ Jen IrA. Stahlneck.er :232881 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND On the 0 Y day of IJ-lA t IL s T , 200f before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared BROOKS E. STAHLNECKER, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first above NolarIaI Seal Kemelh L. Schlegel. Notary Public Hampden Twp., Cumberland Counly Commission Expires Apr. 4, 200 M r, Pennsylvanta _lion of Nolan.. '.' I (1/ 'J' ' . 1,\ 'I, . t, ',\' i',. written. I I ,i) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On the () l{ day of Jtt..,~" 51 , 200y before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared JENNIFER A. STAHLNECKER, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. ss. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first above written. .-'\1 Ii J Nolanal Seal Kennelh L. Schlegel. Notary Public , ) Hampden Twp.. Cumbjlrland Counly V Gommlsslon l;lsllres Apr. 4, 200 M_.P......~,__o1NoIa<1e8 Johnson, Duffie, Stewart & Weidner By: David W. DeLuce LD. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5945 CIVIL TERM BROOKS E. STAHLNECKER, v. CIVIL ACTION - LAW JENNIFER A. STAHLNECKER, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on or about November 29, 2004, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. 4. I have been advised of the availability 0f marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. Date: .J y. t:5 8Jlr JA-~ Brooks E. Stahl necker, Plaintiff :245093 Johnson, Duffie, Stewart & Weidner By: David W. DeLuce 1.0. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0 I 09 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5945 CIVIL TERM BROOKS E. STAHLNECKER, v. CIVIL ACTION - LAW JENNIFER A. STAHLNECKER, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENT/ON TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree 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, ~4904 relating to unsworn falsification to authorities. Date: .;j \ rS ~j( I~* Brooks E. Stahl necker, Plaintiff :245093-2 Johnson, Duffie, Stewart & Weidner By: David W. DeLuce LD. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5945 CIVIL TERM BROOKS E. STAHLNECKER, v. CIVIL ACTION - LAW JENNIFER A, STAHLNECKER, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on or about November 29, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3, I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. 4, I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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: ~'\I.\:~ \~. ~~S , :245093-3 Johnson, Duffie, Stewart & Weidner By: David W. DeLuce I.D. No. 41687 301 Market Street P. 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5945 CIVIL TERM BROOKS E. STAHLNECKER, v. CIVIL ACTION - LAW JENNIFER A. STAHLNECKER, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree 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. ~4904 relating to unsworn falsification to authorities. :245093-4 ~ ~~I&~",-L . Stahlnecker, Defendant Date: '\\~ICIi\ ~ "'~ , Plaintiff IN !HE CCURT OF CCMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 04-5945 CIVIL TERM BROOKS E. STAHLNECKER, vs. JENNIFER A. STAHLNECKER, Defendant 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. Grounds for divorce: irretrievable breakdown under Section 3301 (c) ~ of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Certified mail, restricted delivery to the Defendant on December 2, 2004 and received by Defendant on December 6, 2004, 3. Complete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff March 8, 2005 by the defendant March 10. 2005 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None. 'The Marital Settlerrent Agreenent dated August 4, 2004 shall be incorporated, but not nerged, into the Decree in Divorce. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record. and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code Waiver of Notice signed by Plaintiff on March 8, 2005 Waiver of Notice signed by Defendant on March y herewith. 'J.-. ttorney or Plaintiff/~ David W. Deluce Atty I.D. #41687 . . . , . . . . . . . . ~~ ~~~~~ ~T.~~~~~ ~T.~+++++++ ++++++++++++~ . . , . . , . . , . , , , , , , , , , , , , , , , , , , , . , , , , +++++++.++++++:r.+ + ++;f. ;+:+ ff.+ :ti+ ., , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. BROOKS E. STAHLNECKER, Plaintiff No. 04-5945 CIVIL TERM . . VERSUS JENNIFER A. STAHLNECKER, , . , Defendant . . , . . . , . . , . , DECREE IN DIVORCE NOW,~L.2 2005, IT IS ORDERED AND . . . AND . . . , . , , , BROOKS E. STAHLNECKER , PLAINTIFF, DECREED THAT STAHLNECKER JENNIFER A. , DEFENDANT, AND . , . , , . 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 Marital Settlement Agreement dated August 4, 2004 sha but not merged, into of Court as provided i corporated, as an Order . , . , . , , , , ""+++++ +++++ +++++++++ ++++ . . , , . , \ / . , , . . , . . . . . , . . . . . , , . , , , . , , , , , , , . , , , , . . , , , , . , . , . , . . , . , . . . , , , , , , , , , , , . , , , , , J. . L/J ~(~ j'O Ee,E' . L+/ft' ~ IrItJrl ,~ fO,g? f' -rm/'7(!) frY '7/',// - tl_ ..,. ,~ . ~