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Home My WebLink About02-1372DIANA P. HAYES, Plaintiff BRIAN F. HAYES, De£endant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU the claims set forth in action. You are warned proceed without you and entered against you by the HAVE BEEN SUED IN COURT. If you wish to defend against the following pages, you must take prompt that if you fail to do so, the case may a decree of divorce or annulment may be 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 Court Administrator's office, Cumberland County Courthouse, Carlisle, PA. 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 (717) 249-3166 DIANA P. HAYES, Plaintiff vs. BRIAN F. HAYES, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · C : IN DIVORCE COMPLAINT IN DIVORCE 3301(c) Drive, Etters, York County, Pennsylvania. number is ~ 177-50-7647. 2. Defendant is Parkview Road, New Cumberland, Plaintiff is DIANA P. HAYES, who resides at 50 Bill Dugan Plaintiff's social security BRIAN F. HAYES, who resides at 103 Cumberland County, Pennsylvania. Defendant's social security number is 203-60-4464. 3. Plaintiff has Commonwealth for at least the filing of this Complaint. been a bona fide resident in the six months immediately previous to 12, 1998 in Cumberland County, Pennsylvania. 5. There has been no prior action for annulment between the parties. marriage The Plaintiff and Defendant were married on September divorce or for counseling The Defendant is not a member of the Armed Forces. The marriage is irretrievably broken. Plaintiff has been advised of the availability of and that she may have the right to request the Court to require the parties to Being so advised, Plaintiff require the parties to participate participate in such counseling. does not request that the Court in counseling prior to a Divorce Decree being handed down by the Court. WHEREFORE, the plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. Respectfully submitted: ~ith A. Calkin, Esquire ~Attorney for Plaintiff 2201 North Second Street Harrisburg, PA 17110 (717) 238-2312 Commonwealth of Pennsylvania: : ss. County of Dauphin : I verify that the statements made in this 3301 (c) Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relatin9 to unsworn falsification to authorities. Date: Diana P. Hayes Sworn and Subscribed before me this ~ day of 2002. Notary Public I NOTARIAL SEAL ELLEN ROSENBLOOM, Notary Public City of Harrisburg, Dauphin County , CQm~,i~lllOn E~l~ire~ May 8~ 2003 CERTIFICATE OF SERVICE I, Judith A. Calkin, do hereby certify that a true and correct copy of the within 3301 (c) Divorce Complaint was mailed at Harrisburg, postage pre-paid to the following PA., certified-restricted delivery, person: Date: Brian F. Hayes 103 Parkview Road New Cumberland, PA 17070 di~th A. Calkin, Esq. F:\R&A Family LawLVorms-DDC\divorce\CERT.SER-gecncard.wpd DIANE P. HAYES, VS. BRIAN F. HAYES, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1372 CIVIL : : IN DIVORCE AFFIDAVIT OF SERVICE I, Judith A. Calkin, Esquire do hereby certify that I served a certified copy of the Divorce Complaint on the Defendant Brian F. Hayes by Certified Mail, Restricted Delivery on the 262 day of March, 2002 as is evidenced by the signature of the Defendant on the Return Receipt card attached hereto as Exhibit A. Said Complaint in Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, first class, Certified Mail, Restricted Delivery, Return Receipt Requested postage prepaid, addressed as follows: Brian Hayes 103 Parkview Road New Cumberland, PA 17070 Date: d//~[h A. Calkin, Esquire M~his card to the back of the mallpiece, ,- · front if space ~its. D. 1. : to:Z }]~ J/J If YES, enter dellvM ~ Mall Insured Mall M(:~ller/y) B. EN~:eOfDe~NMy [] Express Mall [] Return Rec~pt fo~ Merchandise [] C.O.D. 4. R~r~'tedDMve~'(E~aFee) ~ 2. Article Number (T'ransfe~ from sen4ce/abe/) PS Form 3811, Mamh 2001 Domestic Return Receipt NEY CU~/BERL~N6 p~ 1707V · ~' Certified Fee I [3-' Retum R~,~ F. ~ (EndomementRequi~ ~ / ~ J~ ~, mp~. No.; oFF~2;'~6i ......... ~ ..................... ~ .................... ~ ~'a~'~kq'~'~-'~' .... ~'"~ .... ' ......... ;'"gl ........ DIANA P. HAYES, Plaintiff Vo BRIAN F. HAYES, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1372 CIVIL ACTION - LAW : I'N DIVORCE AFFIDAVIT OF CONSENT 1. A Complaim in Divorce under Section 3301 (c) of the Divorce Code was filed on March 20, 2002. 2. The marriage of Plaintiff and Defendant is irremevably broken, and ninety (90) days have elapsed fi'om the date of the filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made m this affidavit are wue and correct. I understand that false statemems herein are made subject to the penalties of 18 Pa.C.S, Section 4904 relating to unswom falsification to authorities. Date: ss#/77_ .3 _ 7 DIANA P. HAYES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-1372 BRIAN F_ HAYES, : CIVIL ACTION - LAW Defendant : IN DIVORCE W~AIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DI.VORCE 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 divomed 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. § 490~ relatflag to unswom falsification to authorities. DIANA P. HAYES, Plaintiff V. BRIAN F. HAYES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY~PENNSYLVANIA NO. 02-1372 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 20, 2002. 2. The marriage of Plaintiff and Defendant is in'etrievably bxoken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entxy 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 tmeand¢orrect. I understand that false statements horein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. DIANA P. HAYES, Plaintiff V. BRIAN F. HAYES, Defendant IN THE COURT OF COMMON PLEAS CI31viBERLAND COUNIIIT, PENNSYLVANIA : : NO. 02-1372 : CIVIL ACTION - LAW : IN DIVORCE ~YAIVE~R OF NOTICE OF INTENTION TO,REOUEST ENTRy OF DIVORCE DECREE UNDER § 3301~c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 thlse statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ,DIANA P. HAYES, Plaintiff VS. BRIAN F. HAYES, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1372 CIVIL ACTION-DIVORCE PRAECIPE TO TRANSMIT RECORD 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 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: March 26, 2002. 3. Date of Execution of Affidavit of Consent required by Section 3301(c) of the Divorce Code by Plaintiff- 9/28/02 ; by Defendant-9/28/02. 4. Related claims pending: NONE 5. (Complete either (a) or (b) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) was filed in the Prothonotary: 10/11/02 Date of Defendant's Waiver of Notice in Section 3301(c) was filed in the Prothonotary: 10/11/02 Respectfully submitted: J~th A~. Calkin, Esqui~'e f, ffl7) 652-6624 &~REE~ENT (hereinafter referred to as HUSBAND), and DIANA P. HAYES, York County , Pennsylvania (hereinafter referred to as WIFE), WHEREAS, HUSBAND and WIFE were lawfully married on September 12, 1998 in Cumberland County, Pennsylvania, and; WHEREAS, no children born of this marriage: WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, and alimony; and in general, the settling of any and all claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration the premises and of the mutual promises, covenants and undertakings hereinafter set forth hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION: 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 chose 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. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall 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 their peaceful existence, separate and apart. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to docket number claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section (c) of the Divorce Code at the earliest appropriate date. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or 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 be not affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any terms of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. DATE OF EXECUTION: The "date of execution" or "execution date" of this agreement shall be 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. 5. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as specified herein. 6. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situation, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7. ADVICE OF COUNSEL: This Agreement has been prepared by JUDITH A. CALKIN, ESQUIRE, counsel for WIFE. HUSBAND has been informed by his right to separate counsel, and being so advised he waives that right. HUSBAND and WIFE accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he and she shall not at any future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding, involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 8. JOINT OBLIHATIONS: HUSBAND has a student loan through Sallie Mae Services, account number 203-60-4464-1 which is in joint names. HUSBAND agrees to be solely liable for the payment of this debt, and he agrees to indemnify and save harmless WIFE for and against said debt. HUSBAND agrees to promptly make all reasonable efforts to refinance this debt into his individual name. HUSBAND and WIFE have credit card debt with Providian. HUSBAND agrees to pay $2700.00 on this debt; WIFE agrees to pay the balance. Each will pay $50.00 per month on this debt. HUSBAND will transfer to WIFE'S account at Members First Federal Credit Union his $50.00 per month and WIFE will then make a $100.00 a month payment to the creditor. HUSBAND'S $50.00 per month obligation will begin April 1, 2002 and continue until the $2700.00 has been paid. 9. WARRANTY AS TO EXISTINH OBLIHATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: WIFE and HUSBAND each covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. Specifically, each party agrees to be solely liable for any unreimbursed medical or dental expenses they might incur prior to the divorce. 11. PERSONAL PROPERTY: The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any other such items of marital property, or to the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. HUSBAND and WIFE shall be deemed to be solely and individually in the possession, control and ownership of any pension or other employee benefit plans or other employee benefits of any nature to which either party may have a vested or contingent right or interest, apart from the provisions of the Divorce Code, at the time of the signing of this Agreement. 12. MOTOR VEHICLES: The parties agree that HUSBAND and WIFE shall become the sole and exclusive owner of any motor vehicle in their individual name and possession. 13. REAL ESTATE: The parties own no real estate. 14. AFTER ACQUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 15. WAIVER OF ALIMONY PENDENTE LITE AND LEGAL FEES: Each party hereby waives any right to alimony pendente lite. The parties agree to be responsible for their own attorney's fees. 16. FULL DISCLOSURE: Each party asserts that she or he has made a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each of parties, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. 17. WAIVER OF ALIMO~: The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life to which they are accustomed. WIFE and HUSBA~-D do hereby waive, release and give up any rights they may respectively have against the other for alimony, spousal support or maintenance. It shall be from the execution of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 18. BANKRUPTCY OR RHORGANIZATION 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 State or Federal 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 attorney 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 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. 19. INCOME TAX PRIOR RETurNS: The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any 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 and extent of his or her separate income on the aforesaid joint returns. 20. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 21. MUTUAL COOPERATION: Each party shall, at any time 10 and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 22. APPLICABLE LAW: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 23. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 24. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 25. OTHER DOCUMENTATION: agree that they will forthwith WIFE and HUSBAND covenant and execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 26. NO WAIVER ON DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of 11 this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provisions hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 27. SEVERABILITY: 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. Likewise, the failure of any party to meet her or his obligation under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 28. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this agreement. 29. HEADINGS NOT PART OF AGREEMENT: Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall 12 not affect its meaning, construction or effect. IN WITNESS W~ER~OF, the parties hereto have set their hands and seals this day and year first above written. Diana P. Haye~ 13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~.~_ PENNA. DIANE P. HAYES, Plaintiff VERSUS BRIAN F. HAYES, Defendant NO. 02-1372 DECREE IN DeCrEED THAT DIANA P. HAYES AND BRIAN F. HAYES ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDANT, THE cOUrt RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT Yet BEEN ENTERED; NONE This A~reement of O~tober 1,22002 is hereby incorporated into the final Divorce Decree. H