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HomeMy WebLinkAbout02-3260TIMOTHY L. HASKINS, Plaintiff SARAH HASKINS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 3260 CIVIL : IN CUSTODY COURTO~ER AND NOW, this / f day of August, 2002, the conciliator being advised that the parties have reached an agreement in the above matter, the conciliator relinquishes jurisdiction. BY THE COURT,  lro Hubert X.~lroy Custody Conciliator TIMOTHY L. HASKINS, Plaintiff VS. SARAH HASKINS, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 0,,~-3~16o CivilTerm : : ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 TIMOTHY L. HASKINS, Plaintiff VS. SARAH HASKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : ACTION IN DIVORCE : Civil Term - DIV 1. Plaintiffis Timothy L. Haskins, a competent adult individual, who has resided at 14 East Oakwood Drive, Carlisle, Cumberland County, Pennsylvania, since 2001. 2. Defendant is Sarah Haskins, a competent adult individual, who has resided at 14 East Oakwood Drive, Carlisle, Cumberland County, Pennsylvania, since 2001. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plalntiffand the Defendant were married in August 17, 1996 in Las Vegas, Nevada. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiffmay have the fight to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have one child together. 8. Plaintiffand Defendant are both citizens of the United States of America. 9. Neither Plaintiffor Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plalntiffrequests the court to enter a decree in divorce. COUNT II - CUSTODY 1. Plaintiff is Timothy L. Haskins, who currently resides at 14 E. Oakwood Drive, Carlisle, Pennsylvania. 2. Defendant is Sarah Haskins, who currently resides at 14 E. Oakwood Drive, Carlisle, Pennsylvania, but is planning on moving to Washington, D.C. in several weeks. 3. Plalntiffseeks full custody of the following child: NAME ADD, SS DOB Collin Matthew Haskins 14 E. Oakwood Drive 2/24/97 Carlisle, Pa. 17013 The child was not bom out of wedlock. The child is in the custody off FATHER and MOTHER. During the past five years, the child has have resided with the following persons and at the following addresses: NAME Timothy Haskins Sarah Haskins Timothy Haskins Sarah Haskins Timothy Haskins Sarah Haskins 14 E. Oakwood Drive Carlisle, Pa. 17013 33 Juniper St. Carlisle, Pa. 17013 Carlisle Barracks DATES Summer 2001 - present. 2/2000 - Summer 2001. May 1997 - February 2000 The mother of the child is: Sarah Haskins currently residing at: 14 E. Oakwood Drive, Carlisle, Pennsylvania. She is married. The father of the children is: Timothy Haskins currently residing at: 14 E. Oakwood Drive, Carlisle, Pennsylvania. He is marred. 4. The relationship ofplaintiffto the children is that of FATHER. The Plaintiffcurrently resides with MOTHER and the child. 5. The relationship of defendant to the children is that of MOTHER. The persons that the defendant currently resides with are: FATHER and the child. 6. Plaintiff has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: Father is in a better position to provide a stable and loving home for the child. 8. Each parem whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiffrequests the court to grant custody of the child. Respectfully submitted, Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Timothy L. Haskins, Plaintiff TIMOTHY L. HASKINS, Plaimiff VS. SARAH HASKINS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. ~ ~x- 3~ 0 Civil Term : ACTION IN DIVORCE ACCEPTANCE OF SERVICE PURSUANT TO PA.R.C.P 4 02(B} AND PA.R.C.P. 1920.4 I, Sarah Haskins, Defendant, have received a copy of the Complaint and hereby accept service of the Complaint in the above-captioned matter. H~~ns, D~endf. a~t/ ' TIMOTHY L. HASKINS PLAINTIFF V. SARAH HASKINS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3260 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, July 19, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert 3L Giiroy, Esq. , the conciliator, Thursday, August 01, 2002 at 9:30 AM at4th Floor, Cnmherland County Courthouse, Carlisle on - for a Pre-Heating Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /si Hubert X. Gilroy. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATrORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TIMOTHY L. HASKINS, Plaintiff VS. SARAH HASKINS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. O~ --~(o0 Civil Term : : ACTION IN DIVORCE STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this~ d~-fkaY of by and between Sarah Haskins, (hereinafter referred to as "Mother"), and Timothy L. Haskins, (hereinafter referred to as "Father"); WITNESSETH: WHEREAS, Mother and Father are the natural parents of one (1) minor child, Collin Matthew Haskins, bom February 24, 1997, and; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreemem, and WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same fome and effect as though said Order had been entered after Petition, Notice and Hearing. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody, Mother and Father shall have shared legal custody of their minor child, Collin Matthew Haskins. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of the child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Agreement. 2. Residential Custody. Father shall have primary physical custody of the child. Mother shall have liberal periods of partial custody as agreed by the parties. Mother shall have a period of physical custody beginning July 22, 2002 to last through August 24th, 2002. Mother shall return the child to Father's care and custody by August 24, 2002 and the child will begin Kindergarden in Cumberland County on or about August 26, 2002. 3. ~ After August 26, 2002, Mother shall have partial physical custody of the Child as follows: a. A block of time with the child on Christmas, and Easter as the parties mutually agree. b. Liberal periods of partial custody, to include other days or evenings, including overnight visits, as mutually agreed upon by the parties. 4. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the present of the child, make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a ha~-monious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 5. Illness of the Child. Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the child at any time, any party then having custody of the child, shall communicate with the other party by telephone or any other means practicable, informing ther other party of the nature of the illness or emergency, so the other parent can become involving in the decision making process as soon as possible. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 6. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. 7. Binding effect, This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective successors, executors, administrators, heirs, personal representatives, and assigns. 8. ~ Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 9. ~ No term or provision of this Agreement may be modified or amended, except by means of a written instrument executed by the parties hereto. 10. Headings. Section and paragraph headings in this Agreement are included for the convenience of reference only and shall not constitute part of this Agreement for any other purpose. 11. ~ The background provisions to this Agreement set forth above (including, without limitation, all defined terms set forth above) are hereby incorporated in this Agreement and made a part hereof as if set forth in their entirety in this Section. 12. ~ The parties agree that this Agreement may be adopted as an Order of Court without the necesssity of a Court hearing. 13. ~ This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: /~g-~dHaski~s / .... ~NESS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, theZ,~--day of personally appeare~t ) ):SS ) ,2002, before me, the undersigned officer, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (~tary Public [- NOTARIAL. ----4xey commission expires: [l~/~O~m.~ Ex~ras SEAL Timothy L Haskin'T:~' s COMMONWEALTH OF PENNSYLVANIA ) ):SS COUNTY OF CUMBERLAND ) 1 On this, the ./ day 9/[. ? [ ~ ,2002, before me, the undersigned officer, personally appeared I'"~ ~[.H~~ known to me, (or satisfactorily proven) to be the person whose name is st~bsSrila~d to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. iN WITNESS WHEREOF, I hereunto set my hand and official seal. ~tary~ublic - { ,/ [ J~',~iE, E. ADAMS, N otat7 Public -- ~v~y co~]smon cxp~r~.~mmi~ SEAL TIMOTHY L. HASKINS, Plaintiff VS. SARAH HASKINS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02 - 3260 Civil Term : : ACTION IN DIVORCE : ORDER AND NOW, this ,2002, having reviewed the agreement between the parties dated July 24, 2002, it is hereby ORDERED and DECREED that the agreement shall be entered as an ORDER of Court. TIMOTHY L. HASKINS, Plaintiff VS. SARAH HASKINS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COIYNTY, PENNSYLVANIA : : No. 02 - 3260 Civil Term : : ACTION 1N DIVORCE MARRIAGE SETTLEMENT AGREEMENT between, SARAH HASKINS, of Washington, D.C., hereinafter referred to as "WIFE", and TIMOTHY L. HASKINS, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 17, 1996, in Las Vegas, Nevada, and; WHEREAS, there was one child bom of this marriage; WHEREAS, differences, disputes, and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle their respective financial property, rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any 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. 2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel of Jane Adams, Esquire, as his attorney. The Wife is PRO SE. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. Wife has been advised of her right to counsel, voluntarily elected to forego representation, and understands that Jane Adams, Esquire is only representing Husband. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth their respective rights and duties while they continue to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Husband has filed a Complaint in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301 (c) of the Pennsylvania Divorce Code. Wife hereby expresses her agreement that the marriage is irretrievably broken and expresses her intent to execute any and all affidavits 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. 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. 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 not be 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 term 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. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. 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. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. HUSBAND and WIFE each do hereby mutually remise; release, quit-claim and forever discharge thc other and the estate of the other, of .and from any and ail rights; titles, and interests, or claims in or against the property (including income and gain from property hereafter accruing) of thc other or against the estate of such other. or whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such 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 curtcsy of widow's or widower's rights, family exemption or similar ailowance, 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 the decease spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth, or territory of the United States, or any otheJ country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, aiimony, alimony pendcnte lite, counsel fees, costs or expenses, whether arising as a result of any marital relation or otherwise, 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 thereof. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. 8. OUTSTANDING JOINT DEBTS. (a) Wife agrees that the following debts are her own personai responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Discover Account #6011 0020 90xx xxxx Providian Account #4479 4103 25xx xxxx American Education Services Account #464 51 47xx (student loan) Riddle & Associates Reference #7592xxx (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. MBNA Account #5329 0520 81xx xxxx First USA Account #5428 0711 50xx xxxx Any and all debts related to the 1999 Kia Sportage. 9. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. §3501 et. seq. and taking into account the following considerations: the length of the marriage, the age, health, station, amount, and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties, the contribution of each party to the education, training, or increased earning power of the other party; the opportunity for each party for future acquisitions of capital assets and income; the sources of' income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 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 marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. As such, the parties acknowledge that Husband or Wife's obligation to make the payments defined in this agreement shall not be subject to termination, discharge, or discontinuance in bankruptcy or for any other reason or by any Court or tribunal. Should Husband or Wife pursue and action in bankruptcy and be successful in extinguishing his obligation to pay any debts for which he has assumed sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in consideration of the tax consequences associated with receipt of alimony. At the time of the implementation of this alimony award, which may be made through the appropriate Domestic Relations of support office with the Court of Common Pleas of appropriate jurisdiction as Husband or Wife may select, such party shall then be responsible for any such debts extinguished through the other party's bankruptcy as described herein. 10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 11. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or both of the parties, they agree as follows: (a) The 1999 Kia Sportage shall be and remain the sole and exclusive property of Husband. Wife will execute the vehicle title in favor of Husband promptly upon trade-in of the vehicle of upon receipt of the title from the loan company. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 12. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 13. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. 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 Husband do hereby waive, release, and give up any rights they may respectively have against the other for alimony, 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. 14. 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. 15. MUTUAL COOPERATION. Each party shall, at any time 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. 16. APPLICABLE LAW. The 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. 17. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 18. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and ail written instruments, assignments, releases, satisfactions, deeds notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 19. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effec~ 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 this Agreement shall in no way affect the fight of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 20. 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 provisions shall be stricken from this Agreement; and in ail other respects, this Agreement shail be vaiid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations 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. 21. BREACH. If either party breaches any provisions of this agreement, the other party shall have the fight, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their fights under this agreement. 22. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: Oate: lO/ )3 COMMONWEALTH OF PENNSYLVANIA ) ):SS COUNTY OF CUMBERLAND ) On this, the ~ day of 0(~ ~:2e4~ , 2003, before me, the undersigned officer, personally appeared SARAH HASKINS known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. SEAL COMMONWEALTH OF PENNSYLVANIA ) )~SS COUNTY OF CUMBERLAND ) Onthis, theC~f'b~ dayof~' ~:~-~ ,2003, beforeme, the undersigned officer, personally appeared TIMOTHY L. HASKINS known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. xpires~ SEAL TIMOTHY L. HASKINS, Plaintiff VS. SARAH HASKINS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02 - 3260 Civil Term : : ACTION 1N DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on July 10, 2002. 2. The marriage of Plaintiffand Defendant is irretrievably broken mid ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divome after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Timothy L. Haskins, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d} OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights conceming 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 correcl. 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: Timothy L. Haskins, Plaintiff TIMOTHY L. HASKINS, Plaintiff vs. SARAH HASKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02 - 3260 Civil Term ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on July 10, 2002. 2. The marriage of Plaintiff and Defendant is ir~fievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Date: ,Sarah Haskins, l~fe'ndant/ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER $3301¢el AND $3301(d) OF THE DIVORCE CODE 1. I consent to entry ofa £mal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifl 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. 1 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 unswom falsification to authorities. Date: { 0 -- 'C~'. U 3 //~arah Haski/~, 15~-fe~'~ant v TIMOTHY L. HASKINS, Plaintiff VS. SARAH HASKINS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02 - 3260 Civil Term : : ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by personal deliver~ acceptance of service signed: July 16, 2002 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: October 8, 2003 By Defendant: October 8, 2003 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: October 10, 2003. Date Plaintiffs Waiver of Notice in §3301(c) Diw)rce was filed with the Prothonotary: October 10, 2003 Respectfully Su]:mai,tted: J~ Adams, Esquire I.~. No. 79465 x--3~6 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of PENNA. Timothy L. Haskins, Plaintiff NO. VERSUS Sarah Haskins, Defendant 'No. 02 - 3260 Civil Term ANd NOW, DECREED THaT AND DECREE IN DIVORCE ~ I~ , ~I~5 iS ORDERED AND Timothy L. Haskins , PLAI NTI FF, Sarah Haskins , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLI-OWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None; The property settlement agreement executed on October 8, 2003, And filed October 9, 2003, is incorporated bm not merged into this Decree. EST: NOTARY