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HomeMy WebLinkAbout00-02724 'j, , .~ , ,,". , ,'_'-< "< "- k"' ., d~, , - .. . . "'''' "'''''''''' . . . . . . . .. .. . .. "''''''''''''' "'''' . . IN THE COURT OF COMMON PLEAS . . OF CUMBERLAND COUNTY . PEN NA. . . . STATE OF . . AVA A. STONER, . . No. 00-2724 Civil Plaintiff . VERSUS . RALPH MICHAEL STONER, . Defendant . . DECREE IN DIVORCE . AND NOW, ~ , IT IS ORDERED AND "2.1'7 lZoo, , DECREE:D THAT Ava A. Stoner , PLAINTIFF, AND Ralph Michael Stoner , DEFENDANT, ARE DIVORCED 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 Marital Settlement Agreement between the parties is hereby o orated but not m red. HONOTARY . '" Of. "'''' . . By THE ATTEST: J. '" '" '" Of. . '" '" '" '" '" . . . . ~.,' , ,',j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,:~. . ,~<",,', ~~, ~ ." - . ,_.. ,'v ~..., . '. ... 'il "'~, .. 3<Af Of tU, t1tJf2/ ~~ ~ ~ 3-;$'O( 71~ ~?J df ~ ,- . ,r~9"""" 'W'1"'1!f~ !lIl'I ,~~ ,"~ - 'I" ,..'"- ~"> . .. , , 00 -:27-~l} MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this J.!1!aay of 1ebN)/:2001, by and between AVA A. STONER, hereinafter referred to as "Wife", and RALPH MICHAEL STONER, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on June 4, 1976, and there are three children born of the marriage, Michael C. Stoner, Joseph A. Stoner, and Jennifer Stoner, all of whom are emancipated; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. M .;, ~~ " < '. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other gooa and valuable considerations, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEE][)INGS. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to Of which may occur subsequent to the date hereof. 2. EFFECT OF DIVORCE DECREE. The parties agree that, unless otherwise specifically provided herein, this Agreement shall continue in full fOfce and effect after such time as a [mal decree in divorce may be entered with respect to the parties. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contract femedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity. 3, AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divorce decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction 2 , "L ", '< ' '; j~,; < , _" 0' ),_ " , - -" ~ , " over the parties and the subject matter of the Agreement for the sole purpose of enforcement of any of the prOVIsions thereof and not for modification of the Agreement. 4. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Diane S. Baker, Esquire, and to Wife by her attorney, Johnna J. Kopecky, Esquire. The parties acknowledge that they fully understand the facts and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. Each party agrees that he and she shall not, at any future time, raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 6. PERSONAL RIGHTS. Wife and Husband, at all times hereafter, may and shall 3 , " live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, oy the other in all respects as fully as if they were unmamed. Each may, for his or her sepatate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. 7. SUBSEQUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent co-habitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. 8. MUTUAL RELEASES. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature or wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony 4 , " , ,..,> ~' '~,"'-" ,,",,- <., ", "- . "'"'Wtl.G . . pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relation or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. RETIREMENT ACCOUNTS AND PENSION PLANS. Neither party is entitled to any retirement benefits as a result of his or her past or current employment. 10. PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have divided 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 in as equitable a manner as possible. 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. 5 ;,,', " , ~, "",0', 11. AFTER-ACQUIRED PERSONAL 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. 12. AUTOMOBILES. The parties are the owners of a 1996 Jeep Classic which shall become the sole and separate property of Wife, and she shall be solely responsible for the loan on said vehicle with Harris Savings Bank, account number 8551003559, and shall indemnify and hold Husband harmless therefrom. Both parties agree to execute all documents necessary to implement this paragraph upon request. 13. MICHAEL STONER LANDSCAPING The parties are the owners of a landscapingfnursery business known as Michael Stoner Landscaping which shall become the sole and separate property of Husband. Wife acknowledges that she has no further claim or interest in said business and agrees that she will not assert any such claim to said business in the future. Wife further agrees to sign any documents necessary to implement this paragraph upon request. Husband agrees that he shall be solely responsible for any debts or liabilities now or forever existing of said business and will indemnify and hold Wife harmless therefrom. Husband specifically acknowledges that he will be solely responsible for the following debts owed to suppliers: Diller's Nursery ($10,000), A.H. Reiff ($2000), Donald Nyberg ($5000). 14. GRACEOFGOD.cOM. The parties are the owners of a website business known as GraceofGod.com which shall become the sole and separ'ate property of Wife. Husband 6 ,( t> ,J 'M'" , " ~ '".., , c, " . . . acknowledges that he has no further claim or interest in said business and agrees that he will not assert any such claim to said business in the future. Husband further agrees to sign any documents necessary to implement this paragraph upon request. Wife agrees that she shall be solely responsible for any debts or liabilities now or forever existing of said business and will indemnity and hold Husband harmless therefrom. 15. BANK ACCOUNTS. The parties acknowledge that they have previously divided their joint bank accounts and there are no remaining joint bank accounts. Any individual accounts owned by the parties shall become the sole and separate property of the party in whose name the account is currently titled and both parties waive any rights they may have to the bank account(s) of the other. 16. CURRENT LIABILITIES. During the course of the marriage the parties have accumulated various marital debts. Husband shall assume full responsibility for the debt owed the Dr. Eric Unger in the amount of approximately $2300. Husband shall also assume full responsibility for the debt owed to Craig Deihl in the amount of approximately $37,900. Except as set forth above and elsewhere in this Agreement, the parties agree that they have no joint liabilities. All remaining debts accumulated during the marriage are in the sole and separate name of the individual parties and shall become the sole and separate responsibility of the named party. 17. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this 7 ""-''' ~ ~" I /. 'lii!.<!, " Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 18. WARRANTY AS TO FUTURE OBLIGATIONS. Wife and Husband each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 19. LIFE INSURANCE. Any life insurance policies owned by the parties shall become the sole and separate property of the party in whose name the policy is in. Both parties specifically waive any rights which they may have to said policies by virtue of having been a named beneficiary thereon. 20. REAL ESTATE - MARITAL RESIDENCE. The parties are the owners of a residence !mow as 115 Pin Oak Drive, Carlisle, Cumberland County, Pennsylvania. In consideration of Husband's assumption of the marital debts, Wife shall transfer her interest in this property to Husband and the property shall become his sole and separate property. Husband shall be responsible for the mortgage on the property with Bank of Landisburg, account number 8 ""-,- ", "', 'C', ~..... 0165370, and shall indemnify and hold Wife harmless therefrom. Wife agrees to sign all documents necessary to implement this paragraph upon request including execution of the deed. 21. PAST DUE TAXES. The parties have heretofore filed joint Federal and state tax returns. It is understood by the parties that including taxes owed for 1999, there is approximately $40,000 owed to the Internal Revenue Service. Husband shall assume sole responsibility for the past due taxes and shall indemnify and hold Wife harmless therefrom. 22. BANKRUPTCY. It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to himlher which have been initiated by others. 23. PAYMENT OF LEGAL FEES. Husband shall pay the sum of two thousand dollars for payment toward Wife's attorney's fees. Said payments shall be paid directly to Wife's attorney, Johnna J. Kopecky, Esquire, in four monthly payments in the amount of $500 each. The first payment shall be due March I, 2001, and the last payment shall be due June 1, 2001. 24. ALIMONY, ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT. Including the benefits provided for in this Agreement, Husband and Wife each have sufficient property andfor income to provide for his or her reasonable needs. Therefore, notwithstanding any provision in the Divorce Code to the contrary, and except as otherwise specifically set forth 9 c'" , c" ,-, " '", ""^, in this Agreement, Wife and Husband expressly waive, discharge and release any and all rights or claims which he or she may have, now or hereafter, by reason of the parties' marriage, to alimony, alimony pendente lite, support, maintenance andfor any other such benefits resulting from the parties' status as husband and wife. It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any additional support from the other party, except as provided herein. 25. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS. The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Intemal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfers and subject to the carry-over basis provisions of the said Act. 26. MUTUAL CONSENT DIVORCE. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire additional marital counseling, and that they both consent to the entry of a decree in divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (herein referred to as the Code). Accordingly, both parties agree to execute such consents, affidavits, or other documents and to direct their respective attorneys to file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said Section 3301(c) of The Code. 10 - J" " ' ",,,' "',~ ~"::......';', " ',", , o~ '. Upon request, to the extent permitted by the law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 27. 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. 28. 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. 29. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 30. AGREEMENT BINDING HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 31. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith (and within at least 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. 11 ^' ..~,,', , '''''u, '.."';' - 32. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 33. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other that those expressly set forth herein. The parties further acknowledge that any previous agreements between them are incorporated herein. It is specifically agreed that the one page agreement between the parties dated January 19, 2000, is now null and void as its terms have been incorporated herein. 34. ENFORCEMENT OF AGREEMENT. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her selection, to sue for damages for such breach or to require specific performance. The party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other party in enforcing their rights under this Agreement or for seeking such other remedies of relief as may be available to him or her. 35. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law otherwise, then only that term, 12 ,", > "ii)" 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. 36. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written. tl.~jfl~ t:kv tl ~/L) AVA A. STONER 13 ~ o~ 01-\-10 COIvIM(')'N ~'E.'d..TII Of PENNSYLVANi1\. :ss. COUNTY OF CJ..AtA. On this, the ~ day of ~ hruD.~, 2001, before me a Notary Public of the ~ o~ oUO GSHIftISRwealt:!i sf Penmyh'fiflill personally appeared A VA A. STONER known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. JI~~ Notary Public SUSAN K HOBBS. Notary PubhC In and for the Stale of OhiO My CommISSIon Expires March 1. 2002 14 -~,' ,. COMMONWEALTH OF PENNSYLVANIA :ss. COUNTY OF On this, the n day of rJiV1 v'^1 ,2001, before me, a Notary Public for the Commonwealth of Pennsylvania, personally appeared RALPH MICHAEL STONER known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public l;~"-~=:~~~:~:~:g] I"'; . ,.....;~ ,~,,:':~,<';;~":~' ~~.i~'..~,'_"i'., I::;; . '/_ ?':;~ 1/: ~ I; l....?~" OJ."";"" ;".i",J,.\":, ,..,.'\ C "fi"'r:""" ~ t,n~~;~:~:~~;~~~~;~~~:.~_cP,~~~i~~~;::::j~:!Et;~er, ~ 15 ~', "," I "0'.1;:..,.1('" ~jii,' r~i~ .,'~ " , ~, ".,.<, ,;,- ~,~' .~ '~ ',,~" """", () C) " ; c: -'If ~~ X -0 OJ :t:"..l!>. -:r] ITj rn ,;:-,a .. Z ~.. _0 N 0,~~ , C:.J ~C " :C~;? -"I :J::-() "':,T;-. CJ ~() c5 i-n c..J .......C :;;! Z => 5J =< .0:- -< . 'U -I I l SAlOIS SHUFF, FLOWER & LINDSEY ATIORNEYS.A'ftILAW 26 W. High Street Carlisle. PA . I. -, ,~' i ,'W' -,' ,', n',;.':+. of .-,>,[ ~ ;;-'" I '';'' AVA A. STONER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA v. RALPH MICHAEL STONER Defendant NO. 00-2724 CIVIL IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Cour~ for entry of a divorce decree: l. Ground for divorce: Irretrievable breakdown under Section 330l(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service by Sheriff on July l3, 2000, Sheriff's Return attached as Exhibit "A". 3. Date of execution of the Affidavit of Consent required by Section 330l(c) of the Divorce Code: By the Plaintiff: Februarv 24. 200l By Defendant: Februarv 23. 200l 4. Related claims pending: None. 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file Praecipe to Transmit the Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in ~ 330l(c) divorce was filed with the Prothonotary: March~, 2001 Date Defendant's Waiver of Notice in ~ divorce was filed with the Prothonotary: Date: 'fh(J./\cJ,.../"'. 2COI " , ' ~ ,- "'" -;..'vi' .b SHERIFF'S RETURN - REGULAR . CA~E NO: 2000-02724 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STONER AVA A VS STONER RALPH MICHAEL ROBERT L. FINK, SR. , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon STONER RALPH MICHAEL the DEFENDANT , at l055:00 HOURS, on the l3th day of July , 2000 at 115 PIN OAK DRIVE CARLISLE, PA l70l3 by handing to MIKE STONER a true and attested copy of COMPLAINT - DIVORCE together with -NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge l8.00 4.96 .00 lO.OO .00 32.96 So Answer~~~ R. Thomas Kline 07/14/2000 SAIDIS SHUFF & MASLAND Sworn and Subscribed to,before By: ~~~ . epu y 1iller me this day of A.D. Prothonotary ~U-c6 ((Afr jjj!li!l_Mil'..L~"~"'-~~~~niiiijillltil!llii!/I~lliil\:l:.!,""""" ~,;;,=- ""'~ ' ,.."" ,"'=""".,-~ ~ ~, ~< .' - ," ., ~~"~ P'~..~' . " ',~" ~ ," ,'" ",,',& ~ ~, <,c " ~ . () 0 €~ c: <" ,'f :-OED :!: .._1 mr~' ::.... Z" ::0. '~i''';2] ..,.., Zr N ,71 (.I)),> "'~1 ~6 " ~~?;(~l ~O :J;; !co"''1'''d 5,>0 ':';."'C) C <;-? c5in Z -, ~ a ~> (J'I ~ -< SAlOIS, SHUFF & MASLAND A'ITORNEVS-AT.LAW 26 W. High Street Carlisle, P A . , AVA A. STONER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL 00 - ;J. ?~lf CtUI v. RALPH MICHAEL STONER Defendant IN DIVORCE 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 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 ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle. 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 D 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 Assn. 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 II ,.u.._ SAlOIS, SHUFF & MASLAND AlTORNEVS'AT'LAW Z6 W. High Street Carlisle, PA ".-."j;" ,.. . ".."",', "_i ~, .. , AVA A. STONER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.cJt>,.;1r*IVIL v. RALPH MICHAEL STONER Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Ava A. Stoner, who currently resides at P.O. Box 1055, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Ralph Michael Stoner, who currently resides at 115 Pin oak Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 4, 1976 in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff prays Your Honorable Court to enter a decree of divorce. II , SAIDIS, SHUFF & MASLAND ATTORNEYS-AT-LAW 26 W. High Street Carlisle. PA COUNT II EQUITABLE DISTRIBUTION 8. The allegations in Paragraphs one through seven, inclusive, are made a part hereof and incorporated herein by reference. 9. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. WHEREFORE, Plaintiff requests this Honorable Court to determine marital property and to order an equitable distribution thereof. Respectfully submitted, Plaintiff II .ldkl.~w..~.. SAIDIS, GUIDO, sHUFF & MASLAND 26 W. liigh Street Carlisle. PA """'*-~ " ;110,,, ~ J ~~ 1 II o , o AVA A. STONER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. RALPH MICHAEL STONER, NO. Defendant IN DIVORCE AFFIDAVIT I, Ava A. Stoner being duly sworn according to law, depose and say: (l) I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling. (2) I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. (3) Being so advised, I do not request that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of l8 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~-ci? 7-cJo cZau4~ , Plaintiff , , ~- .i-i!.., . o o VERIFICATION . I verify that the statements made in this . " . are true and correct. I understand .that false statements ,.heiein are made subject to the penalties. of 18 Pa. C.S. Section 4S04, relating to unsworn falsification to authorities. Dated: q-tl7 -tJtJ ~/~ ~~ i<' , _lit'... ~~~iilll'.!l_liliI'~ ib.....,"ib~ ~- .,' ~, ,- ,', ~""":,, ,,-, -",tl!ioJi.~".~ o -p () ~~ ctf '-.J tv ).J ...c. ~ o ~ ~ _0' ,. -~......................- '-'~-'~"",IIlilIIIII:ili_ ^a~'~ o ~ ~ .c, B I ~ ~ '<f\ ~ v, ex '1 .'1 D ~ 8 ~ C I D \ .,.. t:J r ~ =t- o...-: t ~ -.. ~ ~~ - ~;i . () 0 ~ c Cl ~ :It --< u[,.0 ::f';::'J'II dl:!J fTlnl -< ~,"rn Z:D I 8 zC;: :'J6 w ,-, en ,;.:.,..~ '_,r .........::......:.... ,.,/. _ r::o :"'r"T, :r;:, ~ 5::!l _..JU.,.. :"7(') -.,,,,~r.> Om <'~c 9 :<-c --{ Z N :r>' ~ (,.) ~ -< "I ;' "n. - .~ l-. ," ~,,:: AVA A. STONER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA v. RALPH MICHAEL STONER Defendant NO. 00-2724 CIVIL IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREEE UNDER SECTION 330l(c) OF THE DIVORCE CODE l. A Complaint in divorce under Section 330l(c) of the Divorce Code was filed on May 3, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree of divorce without notice. 4. 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. 5. 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 correct. I understand that false statements herein are made subject to the penalties of lB Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SAlOIS SHUFF, FLOWER & LINDSEY DATED: .:?-~-LY / ~c:1~ Ava A. Stoner Plaintiff ATIORNEYS'AT.LAW 26 W. High Street Carlisle. P A . ~~~ ~~~- SUSAW K . HOBBS, Notary PuIlIIc 10 and for the State 01 OhIO . My CommISSIOn ElglIres Mardlt 20lI ~'~t' ~>' '""-"" ~'O" _.........~ " "-'iliiW.,-,=<~ .<',<_.w., ';"R\Jl.J$lI'iW"11 ." ",' ~ " "'t""" ,-~,'- """""'- ": c::> ,--" 0 <.n/ c: ," s: -- ~ ,.-' ;:!1m = ': f1l ;;v , " ZI' N ' ;~'"I ZC ,,' :'-1 Wd::,: ~2~~ -<...co, '-C -0 ~~~~5 '< :J~ >0 :z ~ (5rn -0 ~ )>c :;;:1 ~ 0 :D c- o< . " SAIDIS SHUFF, FLOWER & LINDSEY ATI'ORNEYS-AT.LAW 26 W. High Street Carlisle, PA " .i.L ~: , , ~ '~''', '. AVA A. STONER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA v. RALPH MICHAEL STONER Defendant NO. 00-2724 CIVIL IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT. ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREEE UNDER SECTION 330l(c) OF THE DIVORCE CODE l. A Complaint in divorce under Section 330l(c) of the Divorce Code was filed on May 3, 2000. 2. Defendant acknowledges and accepts service of the Complaint on July l3, 2000. 3. The marriage of 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 of 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 4 04 relating to unsworn falsification t ut oritie DATED: 2-~~-Ol ., , ',~"".._.-..~~ _'-~:..,;.;;""'~;..;....; -~'il~ -_",;i',.. '" n . ~ < ,~ ". .'''' fli;t.R .. i ":;1 ~:'~wj 0 0 ~,.j C -;', S; :l!: -Ow 1~ mfr ;;~:; " Z:J::"j - :z:C- ", ...-~ (J) "'~~ .~ I -<""< () ~C:f -0 .'" >'0 ::11: gM ~8 ~ :z: 0 s:; :;< ::;0 .;:- -< . SAlOIS, SHUFF & MASLAND ATIORNEYSIATlLAW 26 W. High Street Carlisle. PA AVA A. STONER, Plaintiff v. RALPH MICHAEL STONER Defendant To The Prothonotary: ~': IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2724 CIVIL IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT please reinstate the above-captioned Divorce Complaint which was filed on May 3, 2000. II Respectfully submitted, Jo At m';w';,..,; "j. ~'t """'litJfl1lll) ~" :>- ;,y-:. l,~:~ t~ ,.--, '-' ~, C:r C) ~~'~='~W~ cr.> u: , r~: ;~ ,;.~~;? ''-'<F ,,,~; ::~ :,c~,~~ [;) :1-Z: !,Gdi ::dCl. :'5 () c' , <"',. 0.1 ~'1It-fW~Jr ~" . = ''''' .'" ~. ~......." ........... - ", .. " ~ ~ .Lj , , ~, I,--'-' - ",.. '-- "'_.,~ - , ~.'~ Ij;,~,: . AVA A. STONER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 00 -2724 RALPH MICHAEL STONER, Defendant : IN DIVORCE ORDER AND NOW, this )'-fJtA. day of . ~ , 2000, a it is hereby ORDERED that the parties shall participate in three (3) marriage counseling sessions. Defendant Ralph Michael Stoner, shall be responsible for all costs of the counseling sessions. BY THE COURT: .~ . ~OO ..YJ ~' t<< ~-~ ~ J. . I i "* -~~~'" '~. , OF F:r !='['\._("i''=-::j''C .i->:i:~- ::':'(,,:?:'.i ~G~JoTARY "0 '!Ii' ')C-; 1... H),", 4.0 AN 8: OS CU1v:8cRUi\JJ COUNTY PENNSILVANlA . _~'fi!Iii!"NW1"'I"'="'T~~,!,!,~...,".".~,_""",",,..,,.,,ll ~,1MjW!!!"i~~""~'HI>'.!,~%""~,""'"\OjU'R\'!~!ll'{i!!iffll~~,Ji'!\'<!'~-!'l'Jmmf11-.u\'lli!'\lI~""...,. .,,,,,,~.!~j " ' J.i!>""", AVA A. STONER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV ANlA v. : NO: 00 -2724 RALPH MICHAEL STONER, Defendant : IN DIVORCE RULE TO SHOW CAUSE AND NOW, this _ day of , 2000, a Rule is issued upon to the Plaintiff, Ava A. Stoner, to show cause why she should not be required to participate in three (3) marriage counseling sessions. RULE RETURNABLE BY THE COURT: days from service J. ,-.-' ~'".' 'i'~"'~~ ~" },>, ) AVA A. STONER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 00 -2724 RALPH MICHAEL STONER, Defendant : IN DIVORCE PETITION FOR MANDATORY MARRIAGE COUNSELING AND NOW, comes the Defendant Ralph Michael Stoner, by and through his attorney, Diane S. Baker, Esquire, and avers as follows: L PlaintifflRespondent in this divorce action is Ava A. Stoner. Mrs. Stoner is represented by Johnna J. Deily, Esquire. The Complaint in Divorce filed by the Respondent sets forth that she resides at a post office box in Mechanicsburg, Cumberland County, Pennsylvania but Petitioner believes and therefore avers that Respondent resides with a paramour in Ohio. 2. DefendantJPetitioner is Ralph Michael Stoner. Mr. Stoner is represented by Diane S. Baker, Esquire. Mr. Stoner resides at 115 Pin Oak Drive, Carlisle, Cumberland County, Pennsylvania. 3. The parties to this action were married on June 4, 1976, and separated on or about February 1, 2000, when Plaintiff moved from the marital residence. 4. There are three adult children of the marriage. 5. On or about July 14, 2000, Petitioner was served with a Complaint in Divorce that was filed under Section 3301(c) and (d) of the Divorce Code. ~",",,~'~"~'O ,'~ ~ ' - I 'llilli"""'_R~,' 6. Petitioner denies that the marriage is irretrievably broken or that the parties have been separated for over two (2) years and would like to attend marriage counseling. 7. Through counsel and personally, Petitioner has requested that Respondent participate in marriage counseling but she has refused to cooperate unless Petitioner pay her travel costs to attend. Petitioner is willing to pay for the counseling costs but is unwilling to pay the travel costs. 8. 23 Pa.c.S.A. Section 3302 sets forth that the Court shall require up to (3) three counseling sessions where either of the parties requests it. There is no requirement under statute that Petitioner pay Respondent's travel costs. WHEREFORE, Petitioner Ralph Michael Stoner., requests this Honorable Court issue an Order directing the Respondent to participate in three (3) mandatory marriage counseling sessions pursuant to Section 3302 of the Divorce Code. Dated: 8/,QIO v Diane S. Baker, Esquire 27 South Arlene Street P.O. Box 6443 Harrisburg, P A 17112-0443 (717) 671-9600 LD. # 53200 J~~_' _ ...... < .~ ~UJ,- VERIFICATION I, RALPH MICHAEL STONER, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa.c.S. Section 4904 relating to unsworn falsification to authorities. , '~. ....-.,.."'",' CERTIFICATE OF SERVICE I hereby certify that on this 07/-::; t day of August, 2000, a true and correct copy of the foregoing document was served on the following person by United States Mail, postage prepaid, addressed as follows: Johnna J. Deily, Esquire 26 West High Street Carlisle, PA 17013 Respectfully submitted . e S. Baker Supreme Court ID #53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 MIiiial' ~"d~jjMl1SIB~;(i~~~~..wMiM:i.'i~a~JMl>;"*".~Jl~""=,~..~,,-,,,.....'~~i!itI-"'~ ~~ lt~ ." ~~ ,- . "~' ~" () "-..-0 C C) 0 -o$: (1 ~ rnFf; (.~ Z' . ~ Zr'; r-",-, .", 8?~~:: 1'0 C! !<:,C; ..) , ~C; :n '~,:,. ~) ",^' '~C --'- '::.;,~ (c) Pc.~! 1;;' ~rr., Z '--: :< ':::1 ~ Iv -< , .', ~. ' SHERIFF'S RETURN - REGULAR CASE NO: 2000-02724 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STONER AVA A VS STONER RALPH MICHAEL ROBERT L. FINK, SR. , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon STONER RALPH MICHAEL the DEFENDANT , at l055:00 HOURS, on the l3th day of July , 2000 at ll5 PIN OAK DRIVE CARLISLE, PA 17013 by handing to MIKE STONER a true and attested copy of COMPLAINT - DIVORCE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge l8.00 4.96 .00 lO.OO .00 32.96 So Answer~~~ R. Thomas Kline 07/l4/2000 SAIDISSHUFF & MASLAND Sworn and Subscribed to before me this /?~ day of ~ ~<vU A.D. L. "', (j 'Jh.d/". ~ ~irothonotary ! BY:~, ~~~ epu y 1rfier