Loading...
HomeMy WebLinkAbout96-02133 ~ :\ I I I I I I I I I l I" .,/' J J ~ .., ...... ~ I . ~ ~I iT. ro. 0;... c ,-- ~, ~ (j, "; ~f" .'I~ r ~j... '.J t~i' F. .,:.: ')::'; t" lXI . .\'i;j t.:. I: ..:. p, en ':"li"l1 ~: ~.J I Uu,. LA- ."1: ~ r- :=> C7I <..) i!l ~i!l - . ~ ~~ ~ . ~~~~~S ~~ Z ~ , gj~o~~ I ~~ I ~ih: . .'l:l ~ l:: ~ ~ID s ~II ~~~ .... 0(. ~a;~ I I ", ~8 .~ ..... UJ <<G..N ~ ~()9. ~o., \!ll:~ ::f~ Zoe " ~ S'! gj ;ix I 15 ..,D. ~ N~ ~ . " . AORBIMIIJIT jl,',"} ~!'" l,f"'''''I, AGREEMENT made this' ) 1/ day of Hove..ober, , 1996, by and between Michael L. stine ("Husba "), of 4th street Ext, Newport, Perry county, Pennsylvania and Beth L, Bodenheimer ("Wife") of 6 Carol Lane, Enola, Cumberland county, Pennsylvania. WITNIlSSIlTHI WHE~P^S, the parties hereto are husband and wife, having been married on the 5th day of May in 1990. There was born one child of this marriage, said child Tessa Elizabeth stine born August 3, 1994, age one. The parties have no other issue, living or deceased, and have no adopted children. WHEREAS, diverEle unhappy differences disputes and difficulties hav~ arisen between the parties and as a result they have lived separate and apart since on or about the 1st day of January, 1995. A proceeding for the divorce of the parties has been filed by the Wife in the Court of Common Pleas of Cumberland on April 19, 1996, No. 96-2133. 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 obl igations as between each other including without limitation by spec if ication: the settling of all matters between them relating to the 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 pendente lite, alimony and/or maintenance of wife by husband and of Husband by Wife; and possible claims by one against the other and against their respective estates. NOW THEREFORE, in consideration of the above recitals and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties I I' I~ r , " I !' I ", , hereto, hereby, wife and Husband, each intending covenant and agree as follows: to be legally bound 1. AQRIBMIKT MOT A BAR TO DIVORCE PROCEEDINGS Beth L. Bodenheimer filed a mutu~l consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of the Commonwealth of Pennsylvania, and this Agreement is contingent upon the wife proceeding with said divorce, and the husband filing his Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree thereto upon the expiration of the waiting period. Said Affidavit and Waiver shall be promptly transmitted to counsel for wife who will immediately file a praecipe to Transmit Record and vital statistics form to precipitate the prompt entry of a decree of divorce. 2. AGREEMENT NOT TO BE MERGED This Agreement shall be incorporated into the final decree of di vorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 3. DATI or 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. 4. 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 the date of execution of this Agreement unless otherwise specified herein. 5. 'I.ANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, attached as Schedule "A", as an inducement to the execution of this Agreement, 5. ADVIC! or COUNSEL The provisions of the Agreement and their legal effect have been fully explained to Beth L, Bodenheimer by her counsel, Mary A. Etter Dissinger, Esquire. Michael L. stine acknowledges that he has previously consulted with Allen Hench and that he has the right to choose counsel of his own for a full explanation as to the effect of the provisions of this Agreement and he has elected not to do so. Beth L. Bodenheimer represents that she fully understands the facts and has been fully informed as to her legal rights and obligations and she acknowledges and accepts her legal rights and obligations and acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that she is entering into it freely and voluntarily, after having received advice from counsel, and she acknowledges 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. By signing this document, whether with or without counsel, Michael L. stine acknowledges that he will be bound by the legal rights and obligations set forth herein. He acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having chosen not to seek further advice of counsel, and he acknowledges 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. In addition, each party hereto acknowledges that, under the PennsylvAnia Divorce Code of 1980, 23 P.S, section 101 ~. ~., the Court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, being fully advised of hia or her rights thereunder, each party still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other Court of competent jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation, or any other rights arising from the parties' marriage. 7 . RIAL IlSTATIl Upon execution of this agreement, husband shall convey all his right, title, and interest in and into the marital real estate to wife in consideration of one dollar. Wife shall hold husband harmless for the mortgage which encumbers said premises. In exchange for husband's execution of said deed to wife, and in consideration of other covenants and promises made herein, wife agrees not to file any petitions for child support for the parties' minor child, Tessa Elizabeth stine, until on or after August 3, 1997. .. PIlR80NAL PROPIlRTY Husband and wife do hereby acknowledge that they have previously dlvided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that -' all of property in the possession of Husb~nd shall be the sole and .eparate property of Husband, and Husband agrees th~t allot the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of each other. Each waives any claim they may have to the pension, retirement and/or profit sharing plan of the other. 9. KOTOR VIHICLE8 with respect to the motor vehicles owned by one or both of the parties, they agree as follows: a. The Chrysler LeBaron, shall become the sole and exclusive property of wife, subject to its liens and encumbrances. b. All other motor vehicles shall become the sole and exclusive property of Husband Wife, subject to their liens and encumbrances. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and said executed titles shall be delivered to the proper parties on the distribution date. 10. ASSUMPTION or ENCUMBRANCES Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and hi. or her property from any claim or liability that the other party will suffer or may be required to pay beca~se of such debt., encumbrances or liens. Each party in possession of property to be awarded to the other wan'ants that all dues, fees, a.....m.nt.. mortgages, taxes, insurance payments and the like attendant to .uch property are current, or if not current, notice of any arrearage. or deficiency has been given to the receiving party prior to the , execution of this Agreement. 11. LIABILITY NOT LISTED Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, for which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debtp, obligations and liabi li ties. la. INDSKNIPICATION OP WIPE If any claim, action or proceeding is hereafter initiated seeking to hold wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewi th. 13. INDIKNIrICATION or HUSBAND If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or oblIgations assumed by Wife under this Agreement, wife will, at her sole expense, defend Husband against any such cla.im, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therew.ith. 14. WAIVIR or ALIMONY The parties aCKnowledge that inf lation may increase or I decrease, their respective incomes, that either may be employed or unemployed at various times in the future, that their respective assets may substantially increase or decrease in value, and that notwithstanding these or other economic circumstances, the parties acknowledge that they each have sufficient property and resources to provide for her. or his reasonable needs and that each is able to support himself or herself without contribution from the other, Therefore, the parties hereby expressly waive, discharge and release any and all rights and claims which they may have now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance and they acknowledge that this Agreement constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from the other party. 15. TAX R!TURNS AND AUDITS Husband and Wife represent that all federal, state and local tax returns required to be filed by Husband and Wife have been filed, and all federal, state and local taxes required to be paid with respect to the periods covered by such ret.urns are paid. Husband and Wife further represent there are no tax deficiencies proposed or assessed against Husband and/or Wife for such periods, and neither Husband nor Wife executed any waiver of the statute of Limitations on the assessment or collection of any tax for such periods. In the event the Internal Revenue Service or the Pennsylvania Department of Revenue determines an allocation betwoon the parties for income taxes for any calendar year during which the parties were married, Husband and Wife agree they will allocate liability for their income taxes in proportion to their gross pay. In the event of a refund, any refund shall be divided, pro rata according to gross income for the year of refund. Any difference shall be i : I I" I / accounted for between Husband and Wife, and paid for by one to the other, so as to conform to the tax liability or refund allocation herein. 1'. PRSSBRVATION OF RICORDS Each party will keep and preserve for a period of four (4) years from the date of divorce all financial records relating to the marital estate, and each party will give the other party immediate access to these records in the event of tax audits. 17. ArTBR-ACQUIRBD PIRSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim 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. 11 . LIGAL rus Each party will be responsible for their respective counsel fees and costs involved in securing a 90-Day No-Fault divorce to be instituted by Beth L. Bodenheimer as Plaintiff. In the event, for whatever reason, either party fails or refuses to execute an affidavit evidencing their consent to the divorce, pursuant to S3301(c) of the Divorce Code, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent any breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 19. SPOUSAL SUPPORT, ALIMONY PINDINTI LITI, ALIMONY Husband and Wife agree and hereby do release and renounce any claim they may have against the other party for spousal support, . ....... I alimony pendente lite, alimony and maintenance. aD. WARR~Y AI TO IXI8TING OBLIGATION Each party represents that he or she has not heretofore incurred or contracted any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided in this Agreement. Each party agrees to indemnify or hold the other party harmless from 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. al. WARRANTY AS TO FUTURZ OBLIGATIONS Except as set forth in t'lis Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other's legal representatives, property or estate may be responsible, Each hereby agrees to indemnify, save and hold the other and his or her property harmless from any liabi 1 i ty, loss, cost or expense whatsoever incurred in the event of breach hereof. aa. PROPIRTY RILIASI 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, peraonal 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 of this Agreement. All property hereunder is transferred subject to all existing encumbrances and liens thereof. The transferee of such property agrees to indemnity and save harmless the other party from any claim or liability that such other party may suffer or may be -~ required to pay on account of such encumbrances or liens, Such party will, at his or her sole expense, defend the other against any such claim, whether or not well founded, and he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The insurance on the property being transferred hereunder is assigned to the party receiving such property, and the premiums on such insurance shall be paid by the party to whom the insurance is assigned. By this Agreement the parties have intended to effect an equitable distribution of their aesets. The parties have determined that the division of said property conforms to the criteria set forth in S3501 ~. ~. of the Pennsylvania Divorce Code taking into consideration the length of marriage; the fact that it is the first marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contr lbution of each party to the education, training or increased earning power of the party; the opportunity of 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 contributions or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of e3ch spouse as homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marr iage; 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 a part of the matrimonial estate. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 23. MUTUAL RZLZA8Il8 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 an~ from any and all rights, title and interest 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 situate, which he or she now has or at any time hel'eafter may have against such other, the estate of such other or any part thereof, whether arising out of any formtlr acts, contracts, engagements or liabilities of such other or by law 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 pennsylvania, any other state, Commonwealth or territory of the United States, or any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the 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 provision of this Agreement. 2.. PZRSONAL RIGHTS Wife and Husband may and shall at all times hereafter live separate and apart. Each shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may also reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and HUSband shall not molest, harass, or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Each party hereto releases the other from all claims, liabilities, debts, obligations, actiona and causes of action of every kind that have been or will be incurred relating to or arising from the marriage between the parties, except that neither party is relieved or discharged from any obligation under this Agreement. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. as. G..BRAL PROVISIONS This Agreement shall be effective from and after the time of its execution, however, the transfer of the property provided for herein shall only take place upon the entry of a final decree in divorce. The support provisions of this Agreement shall take effect immediately upon execution. al. WAIVER OR MODIFICATION TO BE IN WRITING No modification, recision, amendment 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. Any oral representations or modifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing, signed by the party to be charged. a7. KUTUAL COOPERATION Each party shall on demand execute and deliver to the other party any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. as. LAW or .INN8YLVANIA A..LICABLI This Agreement and all acts contemplated by construed and enforced in accordance with the Commonwealth of Pennsylvania. it shall be laws of the at. AGREEMENT BINDINO ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representat i ves, assigns and successors in any interest of the parties. 30. IMTEORATION This Agreement constitutes the parties and supersedes any and negotiations between them. There are those expressly set forth herein. entire understanding of the all prior agreements and no representations other than 31. IMTIRI AORlmMENT Each party acknowledges that he or. she has carefully read this Agreement, including all Schedules and other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, or has waived the opportunity to do so, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover. 32. INCOR.ORATION or 8CHEDULE8 All Schedules and other instruments referred to in this Agreement are incorporated into this Agreement as completely as if they were copied verbatim in the body of it. 33. OTHIR DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith (and within ten (10) days after demand therefor) 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. 34. _0 WAIVIR or DsrAULT 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 this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be constructed as a waiver of strict performance of any obligations herein. 35. 8BVlRABILITY 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 obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. If any provision of this Agreement is held to be void or unenforceable, all of the other provisions hereof shall nevertheless continue in full force and effect, 31. a.ADINO. NOT PART or AORIIMINT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. '('") ~~ ".... '"n~t', [It.;: '" t; tl.. ...,~' " ~~:. ~ ~ (I 11(, r.' <.0 ..... i~ o:J ~ :1 :i;rJ ,;~ ,,'!~~ )- .( .')1 '-I ~ t i I I t r Q:) :no -" -. ....9 ", --, .::> '0 j I ~ 1 ) , \.:J ~ :> " '. . " , I " " I"~ .. ,G " '~ ~) 'J -. '._', ., '" " ~, . '.... , " ., , ',I 'VI " , ,~ -1- " ..'\ " " .I 'f ',-, .".....: .,.. '" '", "l ~,~ III 0< III .:l g" ~ !~ E-< Z Z ~ - 0 ... z ~ ~~ . 0< !a ~iH . ~ .:l I 8~ ill ~ I . 0'< s! ~ 0 ... ill 0 oil i . ~ ~ "'u< ill I': U S 0 ... .<: ... ffi ~U I E-<~~Z I': ., Cl ill... lIl., III ~ S ~;i~ ~j>o '0'" I': E-< o .:l... III 0," . '" 0< III O~>OE-< U ell., .:l'"O ClU i:i\ ':C I V'l Z UlIllllU ~ I': III C ...~ - " !XlZO< 0 .... > "'CIIo .:l0 o ~~ IIlXZ > .:I'" ill'" 0> :COIol.:l ... ... '" ill lIl'" E-<Ug"... Cl .<:g" '<:Cl ZCl > . ., u 0 Z"'''''''OZ ill ... UZ ... 0 ... ell ... " . Beth L. BOdenheimer, Pl"intiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. CIVIL ACTION - LAW Michael L. Stine, De f encli'lOt NO. '11, '--" I ~.'.J I ~I.I ,...J r:, U"'-- ORDER OF COURT AND NOW, ----,--lL0-~~~L IClol'- " upon consideration of the attached complaint, it is hereby directed that the parties and their respectivlJ counsel appear before n, ~U':",'~ , '":':.~11 ~.>x ' ..---- -, the conci llator, 'lt 3lL.l...,L.m:C\I.~ fJ-}r~;(: "If'" -.ili:lIday of _~_..n.C:<}.'-I.--..--,' 1<J..'.1.~~__ . at ____.c.~().. / 1_. .m" tor a Pre-He'Il'uH! cu,;t.ody Contt'rencE'. At such conterence, ,]rJ effort will be madc' to n',;olv" the' is",ues in disputei 0[' if this cannot be 'lCcol1lpl i,;hl'd, tu dcot ine alld na['row the issues to be heard by the court., and to entl'r into a temporary order. All children age five or older my also be preset at the conference. Failure to appear at the contc'rl'nce may provide grounds for entry of a temporary or permanent order. FOR THE COURT, ,y,J:L",-A ,4,.~bdr.> Custody Conc i 1 iator .. t:?t 1 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please cont'lct our office. All arrangements must by made at least 7~ hours prior to any hearing or business before the COU[.t. 'lOll must at.t,'nd "dwduled <:onterence or hearing. YOU SHOULD TAKE THIS PAH:n '1'0 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWHR OR CMH/O'\' AFf'OHD ON E, GO TO OR TELEPHONE THE OFFICE Sf;T FORTH HELO\, TO [. rrw OUT \mERE YOU CAN GET LEGAL HELP. OH[Cf; OF nlE; COURT ADMINIS'rRATOR COUR1~OUSE, 4TH FLOOR CARLISLE, PA 1701 (71'7) 240-6200 '-r I i [ I l J i) '. .. ., I I ~ ..' Ii, 'r I'. r', I,' ~ " .1 il. I' I} . ". ...... \1,' Beth L. Bodenheimer, Plaintiff IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY Of PENNSYLVAI-:IA vs. Michael L. Stine, De f endant CIVIL ACTION NO. 'ii, J/P. (',,;( -{". IN DIVORCE NOTICE T 0 DEFEND You have been sued in cou~t. 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 i1nu a decl"<'" of divo~ce o~ i1nnulment may be ente~ed i1qilinst you by the court. A judgment may also be entered against you for i1ny other claim or relief ~equested in these pape~s by the plaint if t. You may lose money o~ p~ope~ty or other ~ ights impo~tant to YOll, incluclinCJ custody 01' visitation of you~ children. When the g~ound fo~ the divo~ce irretrievable b~eakdown of the ma~riage, you counseling. A list of marriaqe counselo~s Office of the Prothonota~y at: Office of the P~othonota~y Cumberland County Court House 1 Courthouse square Ca~lisle, Pennsylvania 17013-])87 is indignities or may request marriage is available in the IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION Of PROPERTY, LAWYER'S HES OR EXPENSES BEfORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLA[M ANY OF THEM. YOU SHOULD TAKE THIS PAPER '1'0 YOUR LAWYER AT ONCE. IF YOU DO NOT HAV~: A LAWn:R OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET fORTH BELOW TO FrND OUT WHERE YOU CAN GET LEGAL HELP. Cou~t Adminlst~ato~ Cumbe~land County Court House fourth floor I cou~thouse Squa~e C<I~lisle, f'ennsylvan!a 1701'1-1387 (717) 240-6200 Beth L. Bodenheimer, Pla intiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs, Michael L, stine, Defendant CIVIL ACTION NO. ',',. .I,i:1 ('""11';,,, IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the pennsylvania Divorce Code, it is a duty ot the Court to advise both parties of the availability ot counseling and upon request of either provide both parties a list ot qualified professionals who provide such services. ... Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at: , I Office of the Prothonotary Cumberland County Court House 1 Courthouse square Carlisle, Pennsylvania 17013-)387 Prothonotary I " '" ,', \, - file such un attidavit. 16. Plaintiff has been advised of the availability of counseling and that Plaintif'f and Defend;Jnt have the right to request the Court to require tho parties to p;Jrticipate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to JJ01(c) of the Divorc6 Code. COUNT II I Request tor Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 17. The prior paragraphs of this complaint are incorporated herein by reference thereto. 18. The marriage of the parties is irretrievably broken. 19. After a period of two (2) years has elapsed from the date of separation, Plaintin intends to file her affidavit of having lived separate and apart. 20. Plaintltt hilS bl'en Cldvised of the availability of counseling and that f'laint it t Clnd Detendant have the right to request the Court to require thl' parties to participate in such counseling. WHEREFORE, it two (2) Plaintiff years have elaps('d from the date of hilS t'i led her affidavit, Plaint.iff Couc.t t.o enter a Decree of Divorce, sepilration and respectfully request.s pursuant tonOl(d) of the the Divorce Code. COUNT IV Request tor Equitable Distribution of Defendant to pay Plilintiff's reaso'lable counsel fees, costs and expenses. COUNT VI Request for Confirmation of custody Under 3104 Divorce Code 27. The prior paragrilphs of this Complaint are incorporated herein by reference thereto. 28. Plaintiff is Bl'th L. Bodenheimer, residing at 6 Carol Lane, Cumberland county, Pennsylvania. 29. Defend.mt is Michael A. stine, residing at 4th street Ext, Cumberlilnd county, Pennsylvilnia. )0. Beth L. Bodenheimer seeks custody of the following child Tessa Elizabeth Stine: Name Present Residence Age 1 Tessa E. stine 6 Carol L~ne, Enolil Pil 17025 31. The child Tessa Elizilbeth Stine not born out of wedlock. 32. The child Tess,\ Elizab,'th stine is presently in the custody of Beth L. Bodenhe I m'!t' who r..s ides at (j Carol Lane, Cumber land County, Pennsylvania. )), Durinq the P'H\t five years, the child Tessa El izabeth stine has resided with the following perFons at the following addresses: Person Address oat. Beth L. Bod"nh..il1l<'r' Mich,wl L. ~:t In.. () C.:\ t.o L Ld nu Enola PA Birth to 1/95 B,.th L. BCld..nhp ill"'!' (i Carol Ldne 1/95 to Date Enola Pn 34. The mothor ot the child Beth L. Bodenheimer who currently resides at 6 Carol Lane, Cumberland County, Pennsylvania. 35. She is married to Michael L. stine, 36. The father of the child Michael L. Stine who currently resides at 4th street Ext, Newport, Perry county, Pennsylvania. 37. He is married to Beth L. Bodenheimer. 38. The ndiltionship of Plaintitt to ttw child Tessa Elizabeth stine is that ot mother. The Plaintiff currently resides with only the child. )9. The reliltionship of Defendilnt to the child Tessa Elizabeth stine is that of father. The Defendant currently resides with his mother, 40. Plaintiff has not participated as a party or witness, or in another capaci ty, in other lit igat ion concern i ng the custody of the child Tessa Elizabeth Stine in this or another court. 41. Plaint iff has no informat ion concerning the child Tessa Elizabeth this Commonwealth. of a custody Stine pending in proceed i ng a court of 42. Plaintiff does not know of .1 person not a party to the proceedings who has physical custody of the child Tessa Elizabeth Stine or claims to have custody or visitation rights with respect to the child Tessa Elizabeth stine. 4). The best interest and permanent we lfilro of the chi lei Tesso Elizabeth Stine will be ,a~rve(l by grantinq ttle relief requesteel i; ! r I f ! r I. f [, VERIFICATION I, Beth L. Bodenheimer, verify that the statements made in the Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. S4904 relating to unsworn falsification. ~\ i. ~(~l;W~ th L. Bodenhe mer, Plaintiff " , , " . ,. ,.. , I' Beth L. Bodenheimer, Plaintiff IN THE COURT OF COMMON PLEAS or CUMBERLAND COUNTY OF PENNSYLVANIA CIVIL ACTION NO. 96-2133 IN DIVOR~E ArrIDAVIT or MAILING ,I vs. : Michae,l L. Stine, Defendant COMMONWEALTH OF PENNSYLVANIA ss . . . . COUNTY OF U(/}}( f.-( ,/ (:." < ( Mary A, Etter Dissinger, Esquire, the attorney for Plaintiff, I ,being duly sworn according to law, says that she mailed by If certified, restricted mail, return receipt requested, a true and correct copy of the Plaintiff's Complaint in Divorce in this I action to the Defendant at his residence, and that Defendant did , receive same as evidenced by the signed receipt attached hereto as " ~Exhibit "A". ,I .......__" )"J /-y /'oCe, (.I';_/~,~ Mary k. Etter ss nger Attorney for Plaintiff 28 N. Thirty-second street Camp Hill, PA 17011 (717) 975-2840 IA I' (It/,-, :' -~.~I n',~...."V (, r~-, ~- ' Clln',\jl :,:' 01) ,", ,- ",,"f'( 1',;)(: M~'(','r";_ Uf)~.','" "'i"l,"I,..r'l -"llJ','\j.mJ, !"j,' I __, i . . , ("1 '-0 ~ (, ..., ~t(~:" .., -I cl , I ~O r", , c.:l ," , .I'~'- t'\ ,I 'l~ .~ ~ , (.1.... ':0 .. ~~::' ..,... I.'J , ,or ..~ . ,. ".,. ,- 'i ... -- ." '-l ;.'; \Q '.1"1' ) . .' ~ .'i ,.. n, ...; -, " . . ~ ~ ~ ',- .., "",' ..""i-:', r'l'\ "iI:!;) 0.)1 ,J:l "1~ r::-. .~ (j_l, rXl I,l- ", .....' ;1 1':' , ' '-', '-1",. ''i~ ':.~ , Z &,..i "', ~\", '-9 t",{ · ~',f :"'J 0 l~ f.! ", .... . - , . , ,~ ~ ~ ;;l ~I "tle., O'r; crJ ~t '/ 00 ';11: J. "~ ~.~ ::. ~ ,.", ',"1" <..'. '~.I( .0 tjl ;b(,: .. .' ,~ -, " ,,;.., '::I ':i .-! w -' ....; . . , I e >D ~ I -..I ..., ':1 ~fr ,-" '\~ I .-..u ;i~ -'t' - ill) <;0 r::I, j~ . . - ~i 1"'" ~": ; ~~ ;.\ 'fi ,i' .j.:.-> ~ '-< r, '~. 0" :::> :~ '-J (~ -, f:, , 'I , ~ \D 0 .... 'fl ;::! ..f -.::[:'; h:q C!1!1..: r:l:) ~-." "I ...,,1., Vl,i' co d ~J ,) ( ;Do :jr "i': - :;.:!: .. ," ~ :~'.. ( w 'f) J~' ~'. ::; -::;) :11; ...:, (}) -< ~i~ ~> ~ ~I~ ... '" ... ~ H -I ," ,,. ~~ k ~'~ ~ ~ i ~ ~I '" - c: ~~ ... '~M ' ;;;; . -2/ d , 'i !: ~~~~ ! ~ ~ ;1 '" ,i r i j , - ~ ... ~ : J ; ~ . ~I~ ..J iil ,M' , . . ~ ;. ..J ~ I ~ ~ 'I BETH L. BODENHEIMER, Plaintif f IN 'fHE COURT OF COOMON PLEAS OF ClJMBERLAND COUNTY. PENNSYLVANIA VB. NO. 96-2133 CIVIL TERM MICHAEL L. STINE, Defendant IN CUSTODY amBR Ol" CXXlRT AND 1Of, consideration of the directed as follows: this ")". ~ day of ~ V nR.., , 1996, upon attached Custody Conciliation Report, it is ordered and 1. The Mother, Beth L. Bodenheimer, and the Father, Michael L. Stine, shall have shared legal custody of Tessa E. Stine, born August 3, 1994. 2. The Mother aha 11 have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child as follows: A. Until the Child ia enr.'olled in daycare in the Spring of 1997, the Father shall have custody of the Child every week from Monday at 6:15 a.m. until Tuesday at 4:30 p.m., from Wednesday at 6:15 a.m. until Thursday at 4:30 p.m. and from Friday at 6:15 a.m. until Friday at 4:30 p.m. and at such other times as the parties may agree. B. Beginning in the Spring of 1997 when the Child is enrolled in a daycare program on Tuesdays and Thursdays each week, the Father shall have custody of the Child every week from Monday at 6:15 a.m. until Tuesday roorning at 6:30 a.m., from Wednesday at 6:15 a.m. until Thursday at 6:30 a.m., and from Friday at 6:15 a.m. until 4:30 p.m., with the exception that every third week, the Father shall retain custody of the Child on Friday evening through the following Saturday at 6:30 p.m. 4. The Fathar shall provide transportation for morning exchanges of custody and the Mother shall provide transportation for afternoon exchanges of custody under this Order with the exception of the Saturday evening exchanges for which the parties shall share transportation. 5. The parties shall alternate clJstody of the Child on holidays as follows: A. The Mother shall have custody of the ChUd in even " , j ~ ' " ,. ,:.j",., ,,', f, I "