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HomeMy WebLinkAbout96-02093 NADINE E. STONE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 96 - 2093 Civil Term JAMES R. STONE, Defendant CIVIL ACTION - LAW IN ANNULMENT ANNULMENT DECREB AND NOW, -A\~~, ",i 7 , 1996, it is Ordered and Decreed that the marriage of NADINE E. STONE, Plaintiff, and JAMES R. STONE, Defendant, is hereby annulled by Order of this Court. BY THE COURT: ,J. Certified /t.~~//-JI- 7, (/.. C' /:1/ Y-;... f..(c.:ljj'J' (' , 19~ /I . ,/.. .. 'AI!' 1/,1., I J.JU~Z1 Prothonotary L/ ./ )c'_,~ '7.' k' ~.~r.t!, )U?-7 ,"",- w ..., .,., ~ , . .--. .1 ;\', ..,; i",T ? , I t -.J -, ~," -,., ';C'i ::c ~' W c, '" tft :;! - , ~~ ~. G l'" i~ .. I .~ III', ., . I ('" " " ~ I> I ~!: ~ ~~ , 0 , I. I \1 L , I~ - , I J , " " III." A EXHIBIT B .. NADINE E. STONE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-2093 Civil Term JAMES R. STONE, Defendant : CIVIL ACTION - LAW IN DIVORCE !; STIPULATION OF FACT~ The parties in the above-captioned action, Nadine E. Stone, the Plaintiff, and James R. Stone, the Defendant, submit the following Stipulation of Facts: I. Nadine E. Stone is an adult individual whose permanent place of residence is 513 North Walnut Street, Mount Holly Springs, , I' I i Cumberland County, Pennsylvania 17065. living in North Carolina. 2. The Plaintiff has been a bona fide resident of the Ms. Stone is currently Commonwealth of Pennsylvania for the past six months. 3. The Defendant, James R. Stone, is an adult individual who I resides at 8016 Emerald Crest, Apartment 213, Fort Worth, Texas !i 76108. 4. Prior to Decen~er 17, 1990, the Plaintiff and Defendant were participating in an intimate relationship of long standing. 5. On December 17, 1990 the Plaintiff and Defendant were joined in matrimony in Bryan County, Oklahoma. 6. The parties willingly entered into the mad,tal relationship, knowing that the Defendant was already married to , Carolynn Gene Newman pursuant to a license of marriage i.sued by i I ~ Tarrant County, Texas on October 30, 1978. 7. Although it was not the only reason,one of the primary :: reasons for entering into the marital relationship was to ensure Ii i I that the Defendant would be the beneficiary of the Plaintiff when the military unit of the Plaintiff was called up for active duty during the Persian Gulf War. 8. The Plaintiff believed that the Defendant had I ,! successfully made arrangements to dissolve the pre-existing marriage to Carolynn Gene Stone. 9. On or about August 19, 1993, the Plaintiff discovered Ii h f t at the De endant was still married to Carolynn Gene Newman. 10. The Plaintiff left the marital residence in August 1993. 11. As of February 22, 1994, no d.ivorce was granted to i Carolynn Gene Stone or James Richard Stone in the state of Texas since the issuance of the marriage license in 1978. 12. The marriage of the Plaintiff and Defendant on December j.17, 1990 is void in accordance with section 3304 (a)(l) of the Divorce Code. 13. There has been no cohabit~tion between the Plaintiff and the Defendant since August 1993, when the Plaintiff became aware that Defendant was still married to Carolynn Gene Stone. 14. The defendant is not currently in active military service i! in the United States Armed Forces. 15. The parties desire this Stipulation be submitted to ths Cumberland County Court of Common Pleas as basis for the entry for ,..) ,J - - I ' , " "" ,"'"'I ....l \'.. ' '-::l ." i......... ~ ""- -\ - r-- "" "- ). ~ ~ "- "" '1< 'Y'\ \"'" ....' ~ ~ \;. '3'- r".:...( ~ ~ <~J \.~ '..... - ( ,,~ PA'fRICK ... LAUR. JR Allorn', It I,... 21011 \I.Hkfll' SIred \/le.. IhulJIIll( C. .mp 11111. P \ ) ;1) II 1717,7"".1111111 . ~ ... . ~ it <:i W.l " '.J ;f i"- ;;;. .J - '5 4( ,:;; ~ '" - < .J .. <:i . :; a. '" .., ... ..0 r..: - II] .. " .... = :1 " :x: - ~ .. :! r- <..l ~ ~ ... '" .... - < e - - - ~ of. "' " l- V of. a. , . , NADINE E. STONE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 'l~- ,~"'/ j (1'1" ( ,)/ t CIVIL ACTION - LAW IN DIVORCE "^-- JAMES R. STONE, Defendant NOTICE 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 fsil to do so, ths case may proceed without you and a decree of divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the grounds for the divorce is indignities or I irretrievable breakdown of the marriage, YOII may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania IF YOU DO NOT FILE A CLAIM FOR ALIMONY, 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 ONCB. IP YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TBLEPHOHB TBB OFPICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HBLP. COURT ADMINISTRATOR CUMBERIJrnD COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 11013 (717) 240-6200 5. On or about August 19, 1993, the Plaintiff discovered that the Defendant was still married to Carolynn Gene Newman pursuant to a license of marriage issued by Tarrant County, Texas on October 30, 1978. A true and accurate copy of said marriags license is attached hereto and incorporated herein by reference marked as exhibit "B". 6. The Plaintiff left the marital residence in August 1993. 7. At no time did the Defendant deny the fact that he was still married at the time of the joining of the Plaintiff and Defendant in matrimony in Oklahoma. 8. As of February 22, 1994, no divorce was granted to Carolynn Gene Stone or James Richard Stone in the state of Texas since the issuance of the marriage license in 1978. A true and correct copy of correspondence received from Texas Department of Health attesting to this fact is incorporated herein by reference !, and marked as exhibit "C". 9. The marriage of the Plaintiff and Defendant on December 17, 1990 is void in accordance with S 3304(a)(1) of the Divorce Code. 10. There has been no cohabitation between the Plaintiff and the Defendant since August 1993, when the Defendant's bigamy was made known to the Plaintiff. 11. The Defendant is not currently in active military service I for the United States Armed Forces. WHEREFORE, the Plaintiff, Nadine E. Stone, respectfully requests that this Court issue a Decree of Annulment regarding the marriage of Nadine E. Stone and James R. Stone on December 17, 1990. Ii i ~'~::ii;;;;:Z:l~ Matthew J. Es elman, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ION 72655 Tel. (717) 763-1800 , Datel ~1'Z/i~ NADINB B. STONB, I IN THB COURT OF COMMON PLBAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. I JAMES R. STONE, CIVIL AC'rION - LAW Defendant IN DIVORCE VERIFICAT!QH I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Datel / / - () 3', 95 Signature I /t-;/;;{11 (~(~{f Nadine E. Stone m "1" A , , I .... ".. ~ ~ Ii' 'B ~ c ~ a. ~ f ~ :.. I ~ 0 <: I 0 0 ~ ~ c ~ . l!: r .~ I ~ C' " 0 :!:! r '" ~ l<I Ii: n ~ ;;j f 0 :I: m " 0 fu 3: Z " - ~ '" )> ~ ~ VI m , INI!~NT " .\ By thl. endo,um.nl 10 Ih. wl\l1ln .nd lo,.golng ",."I.g. Llc.n...,I hereby verify, .nd truly cerllly. th.' Ih.AppllcoUon for .ald Lleen.. WI' .ccompl~I'd bV prope, credentials under the cIrcumstances Indicated by the word "filed" apPollte, J ' ~n. or mo.. 01 tho .ppllc.bl. p,ovl.lon. 01 St.lutelndlc.ted below, .cco,dlng to 43 0,5, 1981, 55/" 32, .n~ U.nd ~/ ", 0, Supp, 1989, ~3, . . I, '. l: .. 'f , .~ t') . ~) Phy.lcl.n'. .nd l.bo,.lory t.chnlel.n'. ".Iement. required by .t.lute, rel.llv. to In.'.~.mlri.llon' ~;(d h'.lth 6';' ~ \" ,m,.rorbotho'thlparti". \', I 'I'.) I'~~ f \1" I , . , (1) An o,dor 01 tho OI.I,lcl Court with m.mo,.nd. 01 ....on. lor tho o,der dl.p.n.lng V'lth"t.tuto'V r.qJlr.m,"t':' ! relatlvl fe 'hI ...mlnl'lon and health 0' 81ther or both 0' the parties. ' ( I, I .'. .' . ' J . \) , , '" I' \: ,t (3) An ord., 01 tho OI.t,lel Court with .ccomp.nylng m.mo,.nd. 01 re.son. 10' the o,der. e.t.ndlng th~':lll' d.y period.' lollowlng the ...mln.llon to 90 daya 0' I.... tog.ther with pape,a complying with tha ,.qul..manl. 01 nufnll<l,I(II .bov.: '. (4) Affidavits of conlin' to marriage at an under-age person by plrent or gUlrdlln, In lieu at perlon.'lppetrane... p,ovld.d by Statuto (5) Affidavits of eons.nt to martllg. Of In under-Ig. penon by pi rent or guardlln_ residing In Inoth.r county 0' thl. Stlte or outside the Stlte Ind Ic!tnowledged III provided by Statute / . , . . \ , ". \ 1,.. ,I' I; "" I ,t . Ii, 1'(1\'.\ I, BEVERL Y SEmlER. Court' Clerk for Bryan County, Okla.. hnreby cerlily t,!13Llhe,l~rI!BOlnll! , l1u.,..., " " ....F.." ," ' cnrmel ~nrl r:Qnrr,II;i[, r:OIlY at tllO Inslrumont h~r,.IIII, '.'" Pili ::, IllPl':,r~ 01 r~r.J,d III the Court Cltrl 'J9idCI' ':, \jly.r:)f<'I1~. Okla 70 f1mU,d", ,,' _~ C , _ .19_ l:VLnLY S[k,'IEfl, ,1 Clerk , , , , '. . i "I' , '. ,',i, .. DJU_ I / / ., i . , EXHIIIT . ,. IXHleIT C '1'01 FROM I RBI Judge Oler Liz Stone v. Stone - Annulment Decree Plaintiff, Nadine Stone, requests an annulment pursuant to 23 Pa.C.S.A. 53304(a)(1) which states as followsl '330. . OrouDde for eDDul"Dt of void ..rriagee (a) QeDeral Rule. - Where there has been no confirmation by cohabitation following the removal of an impediment, the supposed or alleged marriage of a person shall be deemed void in the following cases I (1) Where either party at the time of the marriage had an existing spouee and the former marriage had not been annulled nor had there been a divorce except where that party had obtained a decree of presumed death of the former spouse. Both parties have stipulated to the following facts, inter alia: 5. On December 17, 1990 the Plaintiff and Defendant were joined in matrimony in Bryan County, Oaklahoma. 6. The parties willingly entered into the marital relationship, knowing that the Defendant wae already married to Carolynn Gene Newman pursuant to a license of marriage iseued by Tarrant County, Texas on October 30, 1978. 8. The Plai.ntiff believed that the Defendant had succe88fully made arrangements to diseolve the pre-existing marriage to Carolynn Gene Stone. 9. On or about August 19, 1993, the Plaintiff discovered that the Defendant was still married to Carolynn Gene Newman. 10. The Plaintiff left the marital residence in August 1993. 13. There has been no cohabitation between the Plaintiff and the Defsndant since August 1993. 15. The parties desire this Stipulation be eubmitted tQ the Cumberland County Court of Common Pleas as basis for the entry for a Decree of Annulment. PATRICK F. LAUER. JR, Allomey al Law 2 J 08 Markel Slreel AZlee Building Camp Hill. PA 17011 " JAMES R STONE 8016 EMERALD CREST APARTMENT 213 FORT WORTH TX 76108 ,.;(.,-," . "~'M, I\.m'......,........-...-"...' 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