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HomeMy WebLinkAbout02-3417 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TONY L. ALTLAND, Plaintiff V. KELLY A. ALTLAND, Defendant NO. 2002-3417 : IN DIVORCE PETITION FOR ANCILLARY RELIEF UNDER THE DIVORCE CODE AND NOW, this ~ of August, 2002, comes the Petitioner, Kelly A. Altland, by and through her attomey, Beverly J. Points, Esquire, of Barley, Snyder, Senft & Cohen, LLC, and files this Petition, alleging as follows: 1. The Petitioner is the Defendant in the above-captioned divorce action, which was filed on July 18, 2002. 2. The Respondent is the Plaintiff in the above-captioned divorce action. EQUITABLE DISTRIBUTION 3. Petitioner hereby incorporates by reference the averments contained in paragraphs I through 2 above of the Petition. 4. Plaintiff and Defendant own substantial marital property as defined under the Divorce Code. Wherefore, in order to effectuate economic justice between the parties, Petitioner requests your Honorable Court to equitably divide, distribute or assign the marital property between the parties in such proportions as the Court deems just under Section 3502 of the Divorce Code. BJP/1095903.1 ALIMONY 5. The Petitioner hereby incorporates by reference the averments contained in paragraphs 1 through 4 above of the Petition. 6. The Petitioner lacks sufficient property to provide for her reasonable needs and is unable to support herself through appropriate employment. WHEREFORE, the Petitioner requests that this Court grant her alimony. ALIMONY PENDENTE LITE, COUNSEL FEES~ COSTS AND EXPENSES 7. The Petitioner hereby incorporates by reference the averments contained in paragraphs 1 through 6 above of the Petition. 8. The Petitioner has employed counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 9. The Petitioner is unable to sustain herself during the course of this litigation or to pay the costs and expenses thereof. WHEREFORE, the Petitioner requests that this Court grant her alimony pendente lite, counsel fees, costs and expenses. Respectfully submitted, BARLEY, SNYDER, SENFT & COHEN, LLC BY: ~89~2.re~ ~-~-~ 14 Center Square Hanover, PA 17331 (717) 637-6239 BJP/1095903.1 2 VERIFICATION I, Kelly A. Altland, verify that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. 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: P~O b~%W- l ,2002 Kelly A. ~ltland BJP/1095903.1 3 CERTIFICATE OF SERVICE I, Beverly J. Points, Esquire, hereby certify that on the ~ day of August, 2002, I served the attached Petition upon the Plaintiff by depositing it in the United States mail, postage prepaid, addressed to Lindsay D. Baird, Esquire, counsel of record, as follows: Lindsay D. Baird, Esquire 37 S. Hanover Street Carlisle, PA 17013 BARLEY, SNYDER, SENFT & COHEN, LLC 14 Center Square Hanover, PA 17331 (717) 637-6239 BJP/1095903.1 4 TONY L. ALTLAND, Plaintiff KELLY A. ALTLAND, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA · NO. 2002- 'IN DIVORCE CIVIL TERM 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request mardage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 TONY L. ALTLAND, Plaintiff · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY PENNSYLVANIA v. ' NO. 2002- KELLY A. ALTLAND, Defendant CIVIL TERM :IN DIVORCE 0 ,~- ~ ,~ff~,'"l COMPLAINT UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE Plaintiff, Tony L. Altland, by his attorney, Lindsay D. Baird, Esquire, sets forth the following: 1 Plaintiff, Tony L. Altland, is an adult individual residing at 634 Pine Hill Road, Landisburg, Perry County, Pennsylvania 17013. 2 Defendant, KellyA. AItland, is an adult individual residing at 10 Amanda Avenue, Hanover, Pennsylvania 17331. 3 The parties were married on September 16, 1995 in Adams County, Pennsylvania. 4 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. This action is not collusive. 5 6 There have been no pdor actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. 7 7 In accordance with Section 3301( c ) of the Divorce Code, the marriage between the parties is irretrievably broken. 8 Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. Lindsay D_/Baird(/Esquire Attorney ~or the Plaintiff 37 S. Hanover Street Carlisle, PA 17013 717 - 243-5732 I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are je e 'es of 18 PaCS §4904 relating to unsworn falsific~~~__~_~-_~~_., ..... -~ Tonyd~. Altland, Plai~_ 1193238 1.DOC/08/08/2003 10:50 AM POSTNUPTIAL AGREEMENT c~ t~( ~t~ , 2003, by and between THIS AGREEMENT made this day of KELLY A. ALTLAND residing at 10 Amanda Avenue, Hanover, York County, Pennsylvania, (hereinafter referred to as "Wife") and TONY L. ALTLAND residing at 634 Pine Hill Road, Landisburg, Perry County, Pennsylvania (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married c,n September 16, 1995; and WHEREAS, one child has been bom of this marriage, Jordyn L. Altland, with a birthdate of December 31, 1999; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they have been living separate and apart from each other; and WHEREAS, Husband and Wife desire to enter into an Agreement under which their respective financial and property rights, and all other rights, remedies, privileges and obligations to each other arising our of the marriage relation or otherwise shall be fully prescribed and bounded thereby; and WHEREAS, a Complaint in Divorce was filed in the Cc,urt of Common Pleas of Cumberland County on July 18, 2002 at 2002-3417; and WHEREAS, each party has had an opportunity to consult with an attorney of his or her own choice; and WHEREAS, the parties hereto each warrant and represent to the other that they fully understand all of the terms, covenants, conditions, provisions, and obligations incumbent upon each of them by virtue of this Agreement to be performed or contemplated by each of them 1193238 1.DOC/08/08/2003 10:50AM hereunder, and each believe that same to be fair, just reasonable and in the respective individual's best interest, and not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either; NOW, THEREFORE, the in consideration of the covenants and promises contained herein, the parties hereto, intending to be legally bound hereby does covenant and agree: 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 choose or deem fit. The foregoing provision shall not be taken as art 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 a~ad unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. Neither party shall do or say anything to the above named child of the parties at any time, which might in any way influence the child adversely against the other party. 3. DiVISION OF PERSONAL PROPERTY: a. Financial Disclosure. The parties waive their rights to require the filing of financial statements of the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 2 1193238 1.DOC/08/08/2003 10:50 AM b. Personal Property. The parties stipulate and agree that all items of personal property including but not limited to household goods and furnishings, personal effects and all other items of personal property used by them in common have been previously divided between themselves. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if nay he or she may have, with respect to any of the items previously divided between them. c. Each party shall pay any taxes, expenses, loan payments, and insurance associated with the personal property awarded to him or her pursuant to this Agreement, unless otherwise provided in this Agreement. d. All other items of personal property not specifically mentioned herein have been divided satisfactorily by the parties and neither shall make any claim to any such property presently in possession of the other. e. Should it become necessary, at anytime, for either party to execute any titles, deeds or other documents to give effect to this paragraph, it shall be done immediately upon request of the other party. 4. DIVISION OF REAL PROPERTY. The marital residence of the parties, located at 1045 Wayne Avenue, Carlisle, Cumberland County, Peratsylvania, shall be distributed as follows: a. Husband agrees to transfer all his right, title and interest in and to the above mentioned real estate titled in the names of Husband and Wife as tenants by the entireties, to Wife and agrees to immediately execute, now or in the future, any and all deeds, documents, or papers necessary to effect such transfer of title, upon request. 3 1193238 1.DOC/08/08/2003 10:50 AM Husband further acknowledges that he has no claim, right, interest, or title whatsoever in said property or such proceeds from said property now and in the future. Said transfer shall be effective immediately and shall be binding regardless of the marital status of the parties. 5. PENSIONS PLANS, EMPLOYEE BENEFITS. The parties hereby stipulate and agree to waive and renounce any right, title or interest that each may have or acquire in the employee benefits and/or pensions plans, employment intvestment plans, 401(k) plans, employment savings plans, employment stock plans, or any other employment benefits of the other party. Each party shall solely retain any employment benefits as their separate property. 6. CUSTODY. a. The parties stipulate and agree that Wife/Mother, Kelly A. Altland, shall retain sole physical and legal custody of the parties minor child, Jordyn L. Altland, date of birth, December 31, 1999. b. Husband/Father, Tony L. Altland, shall enjoy liberal rights of partial physical custody as agreed upon by the parties with reasonable notice of such request to exemise such rights. Such rights of partial physical custody shall be exercised by Father generally from 8:30 a.m. until 6:00 p.m. as agreed upon by the parties. The parties have agreed that overnights with Father are not in the best interest of the minor child at this time and as a result no overnights shall be exercised by Father with the minor child without the prior consent of Mother. c. It is stipulated and agreed that Father shall spend his rights of partial physical custody with the minor child, should he be unable to exercise his agreed upon 4 1193238 1.DOC/08/08/2003 10:50 AM partial physical custody of the minor child during an agreed upon period he is to provide reasonable notice of his unavailability and shall forfeit tlmt period of partial physical custody. d. The parties stipulate and agree that they slhall not unreasonably withhold such consent to partial physical or majority physical cuslody to the other party. e. The parties stipulate and agree that it is in the best interest of the minor child that both parents and any involved paramour of the parties attend and complete an approved parenting workshop. Such parenting workshop is to be referred by the county in which the parent resides. If such program is not available or referred through the county in which the party resides that party is to request information and attend such workshop through either Cumberland or York County. Such parenting workshop is to be commenced by the parties separately within ninety (90) days of the execution of this agreement. Proof of commencement and information regarding such program to be provided to the opposing party within thirty (30) days of commencement. Proof of. completion of such workshop, by certificate, letter or otherwise is to be provided to the opposing party within thirty (30) days of such completion. f. Each of the parties shall take all steps necessary and advisable to foster a feeling of affection between the child and the other party, and neither shall do anything that would disparage the child form the other party or impair the child's regard for the parent. g. The parties stipulate and agree that should Mother be deceased or be unable to care for the minor child, Jordyn L. Altland, the parties agree that the maternal 5 1193238 1.DOC/08/08/2003 10:50 AM grandparents, Joseph E. Nassar and Sharon A. Nassar, shall become the primary caretakers and guardians of the minor child. Fathers' right of partial physical custody shall not be disturbed under such circumstances. 7. CHILD SUPPORT. a. The parties stipulate and agree that child support shall be governed by the Pennsylvania guidelines and the parties shall adhere to the order of Court entered by the Domestic Relations Office of the county retaining jurisdiction in this matter. b. The parties further stipulate and agree that to allow for modification and enforcement of the child support order that jurisdiction of the child support matters shall be the county in which Wife/Mother resides, and the parties shall take whatever action is necessary to transfer such matter to the appropriate county for modification or enforcement according to the Pennsylvania law related to support matters, 23 Pa. C. S. A. Section 4101 et seq., and 42 Pa. R. C. P. No. 1910.1 et seq. 8. SPOUSAL SUPPORT. Each party waives for the remainder of his or her natural life, any right that he or she may have to receive spousal support from the other party. 9. ALIMONY. Each party waives for the remainder of his or her natural life, any fight that he or she may have to receive spousal support from the other party. 10. INSURANCE. The parties stipulate and agree that each shall provide their own life, health, disability, auto and other insurance as of the entry of the divorce decree. 6 1193238_1.DOC/08/08/2003 10:50 AM 11. DEBTS. a. The parties stipulate and agree that all marital debts have been paid and neither is requesting contribution of the other regarding the payment of such debts, excepting that which is listed below: b. After acquired debts - The parties stipulate and agree, that each is responsible for any debt or liability incurred by him or her after the date of separation of the parties, each party agrees to indemnify and hold the other harmless for payment of any debt incurred after the date of separation not specifically excluded herein. Neither party shall charge upon the credit of the other, without specific permission to do so. Neither party shall contract any indebtedness nor incur any liability for which the other may be held liable. c. Unless specifically mentioned, each party shall be responsible for any debt or obligation associated with the property awarded to him or her pursuant to this agreement and each shall indemnify and hold the other harmless for payment of the same. 12. BANKRUPTCY. The parties stipulate and agree that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them, which have been initiated by others. 13. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever, in law or equity, which 7 1193238 1.DOC/08/08/2003 10:50 AM either of the parties ever had or now has against the other, ,except any causes of action for divorce and except any causes of action for breach of any provisions of this Agreement 14. WAiVERS OF CLAIMS: a. Except as otherwise provided herein, each party may dispose of his or her property in any way. b. Estates. If either party dies while Husband and Wife remain married to each other, the surviving party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the legally appointed representative for the estate of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to can'y into effect this mutual waiver and relinquishment of all such interests, rights and claims. c. Retirement Accounts. Except as otherwise provided herein, each party hereby waives and relinquishes any and all rights he or .,;he may now have or hereafter acquire under the present or future laws of any jurisdiction, to share in any pension plan or retirement plan in which the other party has an interest. d. This Paragraph shall not affect either party's right or power to expressly include the other party as beneficiary in any Will or other document, whether written in the past or in the future. 8 1193238_1.DOC/08/08/2003 10:50 AM e. This Paragraph shall not affect either party's fight or power to expressly include the other party as beneficiary of any insurance policies whether effective in the past or in the future. 15. SUBSEQUENT DIVORCE: a. There is pending between the parties an action for divorce instituted in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed at 2002-3417. The parties acknowledge that their marriage is irretrievably broken and agree to dissolution of the marriage in accordance with Section 3301(c) of the Divorce Code. The parties, therefore, agree as follows: b. Not later than seven (7) days following (the 90th day) , or the signing of this Agreement, whichever is later, both Husband and Wife shall sign, for filing with said court an Affidavit of Consent agreeing to the entry of a final decree in divorce as well as a Waiver of Notice to Intention to Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code. c. Unless either party shall have requested counseling prior to the filing of said Affidavit of Consent, the fight to request such counseling shall be deemed waived. d. The provisions of this Agreement shall be incorporated, but not merged, and made a part of the decree of divorce granted in the aforementioned action, and the Court of Common Pleas of Cumberland County, Penns34vania, and the Court of Common Pleas of York County, residence of defendant, shall have jurisdiction over the parties to enforce this Agreement. This Agreement shall, in all respects, survive the same and be forever binding and conclusive upon the parties enforceable by contempt proceedings. 9 1193238_1.DOC/08/08/2003 10:50 AM 16. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages, or to seek such other remedies or relief as may be available to him or her. The breaching party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder. If either party breaches the Agreement, the non-breaching party retains the right to enforce the Agreement as to the breaching party or their estate, if the breaching party is deceased. 17. ADDITIONAL DOCUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further documents that may be reasonably required to give full force a~ad effect to the provisions of this Agreement. Unless the circumstances indicate otherwise, a party needing to sign a document to implement this Agreement shall do so within 10 days of being asked to do so. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel and accountant, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 19. TAX ADVICE: The parties acknowledge that there may be certain tax consequences pertaining to this Agreement, that they have been separately advised by their respective attorneys, or have had opportunity for such, that no attorney has furnished specific tax advice with respect to this Agreement, that each party has been directed and advised to obtain independent tax advice from qualified tax accountants or tax counsel prior to signing this Agreement, and that they have had the opportunity to do so. 10 1193238_1.DOC/08/08/2003 10:50 AM 20. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 21. MODIFICATION OR WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. CONSTRUCTION: This Agreement shall not be construed against either party as the party preparing it, it being agreed that both parties have participated fully in the preparation thereof. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 23. APPLICATION OF DIVORCE CODE: The parties intend and declare that this Agreement shall operate, as a full, complete, and final determination of whatever rights they now have or which may accrue in the future regarding support, alimony, alimony pendente lite, equitable distribution of property, and other rights under the Divorce Code of 1980 and any amendment or successor thereto. Except as otherwise specifically provided herein, all property now owned by or titled in either party and all property acquired by either party following the execution of this Agreement shall be and remain the sole and separate property of that party and shall under no circumstances be deemed marital property as that term is defined and used in the said Divorce Code. This Agreement shall be deemed a valid and binding agreement for the purpose of waiving all provisions concerning support, alimony, alimony pendente lite, equitable 11 1193238 1.DOC/08/08/2003 10:50 AM distribution of property, and other rights under the aforesaid Divorce Code, except as otherwise specifically provided herein. 24. TAXES: a. Parties stipulate and agree to file separate federal tax returns for the year 2003 and any year that they may be entitled to file as married filing joint. b. It is stipulated and agreed that Wife shall be entitled to claim the minor child Jordyn as an exemption on her tax return for all future years. 25. SITUS: a. This Agreement shall be interpreted in accordance with and controlled by the laws of the Commonwealth of Pennsylvania. b. To the fullest extent permitted by law, jm5sdiction over this Agreement shall be in Pennsylvania and all disputes regarding the Agreement shall be determined by the courts of Pennsylvania. 1N WITNESS WHEREOF, the parties have set their hands and seals effective the day and year first above written. Jitness ,J KELLY 31J ALTLAND, Defendant 12 1193238_1.DOC/08/08/2003 10:50 A:M COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ('"qa m ~'/.,t/~ ,'t d ) ) SS: On this ,/x?/3/~7 day of ("~¥r~, k2~"' ,2003, before me, the undersigned officer, personally appeared TONY L~TLAND known to me (or satisfactorily proven) to be the person whose name is subscribed[ on the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. N0t:9 Pubic t~a~ ~ / Lindsay O. Baird, Notary Public Member, Permsylvania Assooation Of Notaries COMMONWEALTH OF PENNSYLVANIA ) ) $S: COUNTY OF L3e ~.~X ) h~factorily proven) to oe tne person whose name is subscribed on the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ,._..- ,. Not~,p~'bl'ic~ ~ NOTARIAL SEAL CONNIE M, G~TFELTER, Nota~ Public I ~nover ~ro,, Yo~ County ] My C~m ss on Expir~,s Sep emir 24, ~ ~ TONY L. ALTLAND, Plaintiff VS. KELLY A. ALTLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3417 CIVIL TERM 1N DIVORCE STIPULATION AND NOW, TO WIT, this't"5I)Y1 day of '~le/0/~t~/_ffq , 2003, it is hereby STIPULATED between the parties, TONY L. ALTLAND, the Plaintiff, and KELLY A. ALTLAND, the Defendant, that this Honorable Court may enter the Decree of Divorce hereto annexed and incorporate therein the Postnuptial Agreement dated the ~9o~ day of (~t~t~4ff-- ,2003. ~.0.~ 0,.. t~t:~ffi.~O Kelly A. AYtland, Defendant TONY L. ALTLAND, Plaintiff KELLY A. ALTLAND, Defendant : IN THE COURT' OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : NO. 2002- 3417 CIVIL TERM :IN DIVORCE AFFIDAVIT OF SERVICE I, Lindsay Dare Baird, Esquire, being duly sworn according to law do depose and state that a copy of the Complaint filed in the above-captioned matter along with a copy of a Notice to Plead and a Notice of Availability of Marriage Counseling was served on the Defendant, July 18, 2002, by Certified Mail - Return Receipt Requested, restricted delivery, receipt not returned. Beverly Points, Esquire filed Petition for Andillary Relief on behalf of Defendant on or about August 2, 2002. Service was de facto complete. Sworn and Subscribed to before me this 3rd day of September, 2003. /L~ndsay D. ~air~l, Esquire Attorney for'-P-~dintiff 37 South Hanover Street Carlisle, PA 17013 717 - 243-5732 Notary Public 'PT'O'D~'r' price Description HANOVER PA 1/33! Ret,,rl Rece~ ~very $3.50 Certi~l .... #. ?0052510000655916160 Change Due: $10.00 -$2.08 Bill#: 10004007§1003 Clerk: 06 Refb, ds only per DHN P014 Thank you for your' business Customer Copy Postsge Certified Fee Return Receipt Fee St, ~ (Endorsement RequirecI) Restricted Delivery Fee ~.~) (Endorsement Required) Total postage & F~e$ $ $7.92 TONY L. ALTLAND, Plaintiff KELLY A. ALTLAND, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : NO. 2002- 3417 CIVIL TERM :IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on July 18, 2002. 2. Defendant was mailed her copy by certified, restricted, return receipt mail on July 18, 2003. Post Office receipts are attached. The green card never came back. However, Beverly J. Points, Esquire filed a Petition for Ancillary Relief on behalf of the Defendant on or about August 2, 2002. Thus, service was de facto complete. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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. Section 4904 relating to unsworn falsification to a;uthorities. Date: ~//~/0.~ ~~~ - ' ~/T~y L~ Altland, Plaintiff TONY L. ALTLAND, Plaintiff VS. KELLY A. ALTLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3417 CWIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 18,2002. 2. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on July The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are tree :and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Date: K~el A. Altland MP:mm/1198575 1.doc TONY L. ALTLAND, Plaintiff VS. KELLY A. ALTLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3417 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DWORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a diworce 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 the foregoing 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. Date Kel.~ A. Altland 1198571.1 TONY L. ALTLAND, Plaintiff KELLY A. ALTLAND, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : NO. 2002- 3417 CIVIL TERM :IN DIVORCE PRAECIPE TO TRANSMIT RECORI3 TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section ,'}301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: July 18, 2002 certified mail, restricted delivery, receipt not returned. Beverly Points, Esquire filed Petition for Andillary Relief on behalf of Defendant on or about August 2, 2002. Service was de facto complete. 3. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: August 15, 2003; by Defendant: August 22, 2003. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 9/5/03 Date Defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 9/5/03 Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of PENNA. Plaintiff VERSUS A~T~,y A. ALTLAND, Defendant NO. 2002 - 3417 DECREE IN AND NOW, DECREED THAT DIVORCE Tony L. Altland __, It IS ORDERED AND , PLAINTIFF, AND Kelly A. Altland , DEFENDANT, ARE D~VORCED 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 property settlement agreement is incorporated but not merged into the decree.