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HomeMy WebLinkAbout97-00722 "" i ;').... ij I~ . 5 .i ~ !f}j i l:--:S ! ~ j~ I i ~ . r( ~ I ~I D~}'! . . .,. '.' ;';.i~(> , ' ""V;.-;-"" '~r:.~.:~~ . " ,t .. . ":- ".". :~'". 1 I [ A I '1 i ***-*~****..~****.~***'*******~_.~ rf:' -'--.. ----..-------~~,...-............. .-- --..........-........-.---------...~-..-.--- --- - ~. ,--~ ~ --"r -------.;:-. _.................___. ~ ~.. '0' ~ :l. ;,: ~ .-; .--.-' ,. " .~.' '~.' '~.' '~.' '~..' .... M ", ~ r.' ~ <:" ~ ',' ~ * ~ 0.01 ~1 ~I :; ~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ STATE OF ~~~~ PENNA. ,.,~~.#-...,. ~ ~ ',' BARBARA A. STUCKEY, ~ 1\ 11.97~7.2~ CI V.I.~..... ~ P laintH f ~, \'(' 1':-'11 =-- ~ BART W. STUCKEY, SR., ~ Defendant ~ .' ~ ~l ':'/ ~l ',' DECREE IN DIVORCE ~ AND NOW, . , , , , . . , . , . .tk1'~r. , . ,.s:-.. 19, '?.r. " it is ordered and decreed that..,...."...., .B~R~.ARA. ~.'., ST.U,~~~:."""."".. plaintiff, and...,..,........,..,..,.. Br-.RT. \':, .STUG.KE:.'. ,~~:...,....., 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 TERMS OF THE MARITAL SETTLEMENT AGREEMENT DATED JULY 31, 1997 w ',' ....................,.................,......... ........ .............. ..... A,RE, ~!'l,CORPO.RATED .BUT, ,NOT, HERGE,D .INTO. .THIS. ,I?~~,R~I?:"",...""".., ,', , n~Tr CO")/d Alle.I:' ,; l ..>' ,,)./(.., /l,.~ ~ J. '--'h 4. /k', ( . ((...-~~~':. ~,/. --c::;7 'd:"'<"lc< r 3::.,.;,1-:, 4?: / / ...Prothonotnry ~ .~*~.,~..~**.~..~.*~.*~.**~.~. ~ <:" ~ ~ ',' ~ ~ ',' ~ ~ '.' ,', i!$ ,', ~ ~ >:' ~ ~ '.' ~ '.' ~ '.' ~ j~ ~ ... ~ ~ ,;> 8 ~, ~ ~ ~o' ~ ~.,. ,;, ~ ~ ~ ... w. ~.' w. '.' .', ~ ~ ',' )~ I' ~ ~ ~. ~ , , ~~ :s .~ , I~ !'.' t , " , , .ll ~',<;- '7') tit-I d'1:" A;C.,~d? ~' ..: if ,M,k.Ia.n,7 9 :s.f? 7h~<:;, ~-~& ~ art . . . l':\wp.'1\IlIUd.I:)'\Ill!ooil.2 ilk N.~277.IJ1.1I1 Jul) '1.1!JlJ1 sufficiency of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1, Advice of Counsel: The parties hereto acknowledge that each has been notified 01 his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. WIFE is represented by Carol J, Lindsay, Esquire, and HUSBAND, has been advised that he may be represented by counsel of his choice, Each party 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 received such advice and with such knowledge as each has sought from counsel, 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 improper or illegal agreement or agreements, 2, Divorce: The parties agree to the entry of a Decree in Divorce. The parties will execute, on the date of this agreement, Affidavits of Consent and Waivers of Notice under Section 3301 (c) of the Divorce Code, consenting to the entry of a Decree in Divorce, 3, Personal Property: With the exception of the personalty described on Exhibit "A" attached hereto, the parties have satisfactorily divided all of their personal property, and all such property shall be the sole and exclusive possession of the party in whose possession it is as of the date of separation. The property excluded from this Agreement, that set out on Exhibit "A", I, shall be transferred from WIFE to HUSBAND within ten days of the date of this Agreement. II WIFE shall retain her shares of Lowes stock acquired during her period of employment with Lowes, HUSBAND waives any right, title or interest which he has in said stock, Each party shall retain any property devised or bequeathed to them and such r:\\I\op,lil\hlu(~c)\m~;l.2 lile Al.li.!/1.IJ7.lIl Jul) .'\I.II)'J7 property shall be the sole and exclusive property of the party who received it in a bequest. Each party will retain his or her own accounts in banks, The parties warrant that they have made full and fair disclosure of all property, and that each makes this Agreement regarding the division of personal property freely with full knowledge of any property the other retains, 4, Real Property: The parties were the owners of a home at 3 and 4 East Pine Street, Enola, Cumberland County, Pennsylvania, HUSBAND has transferred to WIFE all of his right, tille and interest in the home, WIFE shall be solely responsible for the mortgage on said home in favor of PSECU and shall indemnify and hold HUSBAND harmless on account of any such obligation, WIFE will, in addition, be solely and exclusively responsible for any obligation owed to her parents on account of the purchase 01 the marital home, At settlement on said home, WIFE paid to HUSBAND the sum of $10,000,00, receipt of which is hereby acknowledged, It is agreed by and between the parties that the Office of Domestic Relations shall modify the existing child support order to reflect the exchange of income and expense to each party by virtue of the transfer of title and obligation for the mortgage on the marital home, In no event shall the $10,000,00 payment described herein be income to HUSBAND for the purpose of determining the amount of child support for which HUSBAND is obligated, 5, Alimony: The parties waive any claim that they may have one against the other for alimony, alimony pendente lite or spousal support, The parties acknowledge that each has sufficient assets with which to maintain himself or herself after divorce, 6, Marital Debt: The mortgage obligation and the obligation to WIFE's parents shall l':\wp.CjI\!ltUl'~CY\01!ka.2 lilt: 115277.lJ7.111 July JI.III'J7 ~ ~ , - be paid as set out above, The parties have. in their own names, certain credit card accounts which may include some marital debt. Each party will be responsible for the debt on the credit card accounts in his or her name, Each party will incur no debt for which the other may be liable, and will indemnify and hold the other harmless for any debt so incurred, 7, Custody: The parties are parents of three children: Bart William Stuckey, Jr" born June 15, 1984; Ronald Edward Franklin Stuckey, born June 13, 1986; and Elizabeth Ann Lorrainne Stuckey, born November 2, 1987, The parties shall share legal custody of said children, WIFE shall have primary physical custody of Bart William Stuckey, Jr, and Ronald Edward Franklin Stuckey; and HUSBAND shall have primary physical custody of Elizabeth Ann Lorrainne Stuckey, HUSBAND shall have partial custody of Bart William Stuckey, Jr, and Ronald Edward Franklin Stuckey as set out in the Court's Order of April 16, 1997, WIFE shall have partial custody of Elizabeth Ann Lorrainne Stuckey substantially equivalent to the time periods set forth for HUSBAND in the Court's Order of April 16, 1997, with the understanding that the parties shall work together to modify said partial custody in such a way as to allow the children to spend as much time as possible together. The parties agree that they shall engage in counselling as necessary to insure that the emotional needs of their children as a result of their divorce are met. 8, Legal Fees and Expenses: The parties agree to each pay one-half of the cost of the filing of the Complaint in Divorce and one-half of WIFE's attorney's fees, Said payments shall Ii be made within ten days of the date of this Agreement. 9, Educational Support: The parties shall share the costs of post-secondary education for their three children through under-graduate school or a trade school, and any expense of funerals and weddings for their children in proportion of the adjusted gross income of each to the , &::\wp.lil\SlUrkcy\m!kI.2 hie 15277-97.111 July:\I,)IJ'J? combined adjusted gross income of each in the year preceding the school year for which the child is enrolled in college or trade school or the luneral or the wedding of the child, In the event that a party is self-employed, deduction for business expenses on Schedule C of the Federal income tax return shall be only those which represent actual out-of-pocket expense to the party, The parties will furnish one to the other Federal income tax returns by April 15th of the year in which any such expense is anticipated lor the purpose of calculating the respective obligations of the parties under this paragraph of the Agreement. 9, Modification: No modification, rescission, or amendment of this agreement shall be effective unless in writing signed by each of the parties hereto, 10, Applicable Law: All acts contemplated by this agreement shall be construed and enlorced under the laws of the Commonwealth of Pennsylvania, 11, Agreement Binding on Parties and Heirs: This agreement, except as otherwise expressly provided herein, shali bind the parties hereto, and their respective heirs, executors, administrators, legal representatives, assigns and successors in any interest of the parties, 12, Agreement Not to be Merged: This agreement shall be incorporated into the linal decree of divorce 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, 13, Documents: The parties hereto agree that they will execute and deliver one to the other any documents necessary to give effect to the terms of this Agreement. ; r:\"p5J\lr.lud.cy\mlr..d Ilk #5177.l)7.0J Jul)' .'Il.Itl'J7 14, Full and Final Settlement: WIFE and HUSBAND 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 and Irom any and all rights, titles, 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 and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, or by way of dower or curtesy, or claims in the nature of dower or curtesy, or widows' or widowers' 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, or any other Country, or any rights which either spouse may have, or at any time hereafter have, for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, 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 before the breach of any 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 Ii 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 thereof, subject, however, to the implementation and satisfaction of the condition precedent as I, (") .:) (") C,:: ..J ." ~. :,.} r ~, <~ -, - I 1 " ;0 . ~, ., . -I \ . . f) :"J - ,If 1 . .~. . " -j ~n ...... .s:- -< BARBARA A, STUCKEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE Plaintiff vs. BART W. STUCKEY, SR" NO, 97. 722 CIVIL TERM Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1, Ground for divorce: irretrievable breakdown under Section 3301 (c) 3301 (d)(1) of the Divorce Code. (Strike out Inapplicable section), 2, Date and manner of service of the complaint: United States Mail: First Class: Certified; Return Receipt: dated March 1, 1997 3, (Complete either paragraph (a) or (b)), (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff Julv 31,1997 ; by the Defendant Julv 31, 1997 (b) (1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date 01 service of the Plaintiff's affidavit upon the Defendant: 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 record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: July 31,1997 Date Defendant's Waiver of Notice in 3301 (e) Divorce was filed with the Prothonotary: July 31, 1997 \ ~'\"P,'iI\'IUd.c)\dl\lIhC.\tl11\ Ille" ,'i!77.ln.lll BARBARA A, STUCKEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE NO, 97 - '7..l." Plaintiff VS, BART W, STUCKEY, SR., CIVIL TERM Defendant : IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT, If you wish to defend againstlhe claims set fOrlh in the following pages, you musllake prompt action. You are warned Ihat if you fail to do so, the case may proceed wilhout you and a decree of divorce or annulment may be entered against you by the Court. A judgmenl may also be entered against you for any other claim or relief requested in these papers by Ihe Plaintiff, You may lose money or property or olher righlS importanl to you, including custody or visitation of your children, When the ground for the divorce is indignities or irrelrievable breakdown of the marriage. you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonolary at the Cumberland Counly Court House. Carlisle, Pennsylvania, 17013, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY. LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED. YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, II II I I i Date:-411Jtf7 II 'I " I' II COURT ADMINISTRA TOR. FOURTH FLOOR CUMBERLAND COUNTY COURT HOUSE CARLISLE. PENNSYLVANIA 17013 (717) 240.6200 FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C, Attorneys for Plaintiff By: indsay, Esquire / ~'\\loll"I\~IU~"'l.:}\lll\t1nCnllll Ilk 1/ ~1".'J7.1l1 J ( t , ,0 12, The Plaintiff seeks custody of the following children: Name Present Residence Date of Birth Bart Stuckey. Jr, 4 East Pine Street Enola, PA 17025 6/15/84 Ronald Stuckey 4 East Pine Street Enola, PA 17025 6/13/86 Elizabeth Stuckey 4 East Pine Street Enola, PA 17025 11/2/87 13, The children were not born out of wedlock, except Bart Stuckey, Jr" who was born out of wedlock, 14. The children are presently in the custody of MOTHER, who resides at 4 East Pine Street, Enola, Cumberland County, Pennsylvania, 15, During the past five years, the children have has resided with the following persons and at the following addresses: a) With Plaintiff and Defendant in Ocala, Florida, from March, 1993 to November 1994; b) With Plaintiff and Defendant at 4 East Pine Street, Enola, Cumberland County, Pennsylvania, from November 1994 to August, 1996; c) With Plaintiff at 4 East Pine Street, Enola, Cumberland County, Pennsylvania, from August, 1996 to February 1, 1997; and I " II II , I II II II d) With Plaintiff, Plaintiff's brother and his girlfriend, and niece, at 4 East Pine Street, Enola, Cumberland County, Pennsylvania from February 2, 1997 to present. 16, The mother of the children is Plaintiff, currently residing at 4 East Pine Street, Enola, r, u:> 0 ,'. -J 'n .., --, 'T, ~,. 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'-~ It) ~ 'J c ) .,., 'I ; "" I .) ; .,., ", , /',:1 ,,. ) :4) _~i/ (': " .' 'I ", , ..... , , , n .0 (") c: -..J -" ~... ". :.1 ~I" -'J l' I r ;;0 ;~ .!. -,' .,10,. I ~i,~ N +,.- 1'-) r-:- , --J .-.....' " '):.:. :": '!):f ..... .-C) "-. )>- .. ~ ..:srn . -j.;j :.i :.n :.oJ -, -< BARBARA A, STUCKEY, SIIEAFFER, PlainlifT IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA \'S, CIVIL ACTION - DIVORCE NO, n - 722 CIVIL TERM BART W, STUCKEY, SR., Dcfcnd:ulI IN DIVORCE PETITION FOR MODIFICATION OF A CUSTODY OR VISITATION ORDER I. Thc pelilion ofB:ubara Ann Stnckcy Shc:llTcr rcspeclfully rcprescllls Ih:lI on July 31, 1997 an Ordcr of Court was cmcrcd for Cuslody, a Irnc and corrccl COP)' of which is auachcd, 2. This ordcr should be modificd becausc: Ihc cmolional and physical wcll being of Eli/Albelh Ann Lorrainnc Sluckcy is in jcopard)', Elilllbelh's living conditions as wcll appc.1r 10 be unslable, During Ihe weekend of Janua/)' IS, 1999 I received informalionlh:lImy ex-husband (Bart Sluckey Sr.) along wilh our IWO ehildren Bart Jr, and Elizabelh were beiug evicled from his mother (Barbam Morg:m) home localed al 141 S, Enola Dr. Enola, PA 17025, for numerous rc.1sons, Bart Jr, has bccnlivil1g wilh his fillher bec:ll1se of his unconlrollable aclions, His falher assured me Ihal he would illler..ene 10 help change Barts behavior, howcver I find outlhal is Ihe oppositc ofwhallms becn going on, Bart Jr, has nmnaged 10 gCI himsclf inlo serious lroublc aud his fill her has nol done anYlhing 10 hold Bart Jr, accounlable for his aClions, Elilllbelh acquired Scabies back in Novcmber of 1998 I asked for Ihemlo lakc her 10 the doclors from wh:nl'mlold her falhcr kcpl pnuing it olTunlil hcr Grandmolhcr who also acquired Ihe Scabies lold Bart Sr, Ihal she was making an appoinlmclll for Eli/llbeth and his commenl was who is going 10 pay for Ihis, Shc infacl did pay for it and I rcccivcd a copy of Ihc stalemcnt and reimbursed her for half of Ihc fcc. EIi"lbelh rcceivcd a medicalcd lolionlo apply' 10 hcr body lII'icc, Thc lolion was applicd oncc bul shc didn'l reccivc thc second onc, Now Ihis proccdurc needs 10 be repealed in ordcr 10 kill ofT Ihc 5C.1bics. Bart Sr, remarricd lasl Fcbrua/)' :md onc wcck beforc Chrislmas his wifc Icft again for thc forth or fifth Iimc sincc Ihcy havc becl1married, Thrcc wccks Imcr during Ihe wcck of January 12, 199910 Janua/)' IS, 1999 hc was staying al his cx-girlfricnds house with Eli/.1beth unlil I pickcd up Elizabeth at hcr Gmndmothcrs on January IS, 1999, Hc Ihcn relumcd 10 his girlfriends homc lcaving Bart Jr, unsuperyised 10 tormcnl his grandmolhcr unlil Janua/)' 18, 1999, Bart Sr. dropped ofT Bart Jr. Ihc c\'cning of JanUiI/)' IS, 1999 whcn Bart Jr, Ihcn stoic his gr:mdmothcrs kcys oul ofhcr door hc thcn gavc Ihcmlo his fillhcr at some poinl in thc cvcning, His Gr:mdmolhcr lockcd Ihc doors and called thc policc 10 rcport Ihe situalion, Bart Jr, Ihcn showcd np at approxim:lIcl)' 2:00am m his Gmndmolhcrs homc wilh two fricnds hiddcn in Ihc bascmcnt. His gr:mdmolhcr confrontcd him on how hc gol inlo Ihc hollSC and 'Iskcd for hcr kcys back, Shc Ihcn asked him 10 1c.1vc, Hc rcspondcd with swcar words and wcnl down 10 Ihc basemcnt. Whcn shc gOI downlhcrc shc rcalizcd Ihallhcy wcrc smoking pol and shc wcnl up 10 call thc policc, Shc Ihen call cd Bart Sr, 10 Icll him what was going on and hc hung up on hcr. Shc Ihcn had hcr olhcr son comc ovcr to changc Ihc locks onlhc housc, :md go 10 Bart Sr, 's girlfricnds hollSC 10 obtain Ihc kcys from him, Hc haudcd Ihcm ovcr wilh no rcmorsc or cxplanalion, L.1tcr Ihat aftcmoon shc camc homc 10 find Ihal Bart Jr, had brokcn inlhrough a window and again shc called Ihc police to havc him cseortcd oul of Ihc housc, Comc Sunday cvcning Bart Sr, finally shows up atthc door wallling to know whallhc problcm was, Hc fin:llly callcd mc Sunday nighl concerning Eli/~lbelh's rClurn homc. I stalcd thai from whall was lold shc had no homc 10 return 10 and Ihal shc isn'l being lakcn care of, I slalcd that I would be going 10 Ihc court housc 10 oblain full cUSlody of hcr and Ihml was going 10 see 10 it that Bart Jr, is placed in a superviscd counscling ccntcr 10 help him find oul wh:n is causing this behavior, He Ihcn responded by 5.1ying :md I'll jusl fucking kill yon and hung up, Hc Ihcn callcd mc Mouday cvening sober and said Ihal BARBARA A. STUCKEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE PlaIntiff vs. BART W. STUCKEY, SR., NO. 97 - 722 CIVIL TERM 0 .!:l (, , -.j .. -. - .. j " I " '.-J , n .. " ~I , , :'~ J ;:) (. ,':1 ," - . .r;- ::; -, , 1997 Defendant : IN DIVORCE MARITAL SETTLEMENT AGREEMENT " 'I. THIS Agreement made this _ ']/ - day of " , I I. ~ by and between BARBARA A. STUCKEY, of 4 East Pine IStreet, Enola, Cumberland County, , . Pennsylvania, hereinafter referred to as WIFE, and BART W. STUCKEY, SA., of 324 Brian Drive, Enola, Cumberland County, Pennsylvania, hereinafter referred to as HUSBAND, I j II 'I WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been joined in marriage on July 28, 1984, in Penn broke, Pennsylvania; and WHEREAS, a Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania, to No. 97-722, Civil Term; and WHEREAS, 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, the settling of all matters between them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims against the other or against their respective estates, NOW, THEREFORE, in consideration of these considerations, and the mutual promises 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 hereto~. HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as lollows: 1. Advice of Counsel: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. WIFE is represented by Carol J, Lindsay, Esquire, and HUSBAND, has been advised that he may be represented by Counsel of his choice, Each party 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 received such advice and with such knowledge as each has sought from counsel, 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 improper or illegal agreement or agreements. II II execute, on the date of this agreement, Affidavits of Consent and Waivers of Notice under Section II I 2, Divorce: The parties agree to the entry of a Decree in Divorce. The parties will 3301 (c) of the Divorce Code, consenting to the entry of a Decree in Divorce. 3, Personal Property: With the exception of the personalty described on Exhibit "A" attached hereto, the parties have satisfactorily divided all of their personal property, and all such property shall be the sole and exclusive possession of the party in whose possession it is as of the date of separation. The property excluded from this Agreement, that set out on Exhibit "A", shall be transferred from WIFE to HUSBAND within ten days of the date of this Agreement. WIFE shall retain her shares of Lowes stock acquired during her periOd of employment with Lowes, HUSBAND waives any right, title or interest which he has in said stock. Each party shall retain any property devised or bequeathed to them and such l property shall be the sole and exclusive property of the party who receive? it in a bequest. Each party will retain his or her Own accounts in banks, that each makes this Agreement regarding the division of personal property freely with full Th, parti" w,",", "ot Ih" h,,,,, m'd, '"" Md I,il dl"lo,"" of ,Ii ,"oP'",. OOd I I , knowledge of any property the other retains, 4. Real Property: The parties WE-re the Owners of a home at 3 and 4 East Pine Street, Enola, Cumberland County, Pennsylvania, HUSBAND has transferred to WIFE all of his right, title and interest in the home, WIFE shall be solely responsible for the mortgage on said home in favor of PSECU and shall indemnify and hold HUSBAND harmless on account of any such obligation. WIFE will, in addition, be solely and exclusively responsible for any obligation owed to her parents on account of the purchase of the marital home. of which is hereby acknowledged. It is agreed by and between the parties that the Office of At settlement on said home, WIFE paid to HUSBAND the sum of $10,000.00. receipt Domestic Relations shall modify the existing child support order to reflect the exchange of income and expense to each party by virtue of the transfer of title and obligation for the mortgage on the marital home. In no event shall the $10,000.00 payment described herein be income to HUSBAND for the purpose of determining the amount of child support for which HUSBAND is obligated, 5, Alimony: The parties waive any claim that they may have one against the other for alimony, alimony pendente lite or SPousal support. The parties acknowledge that each has sufficient assets with which to maintain himself or herself after diVorce. 6. Marital Debt: The mortgage obligation and Ihe obligation to WIFE's parents shall .1 be paid as set out above. The parties have, in their own names, certai~ credit card accounts which may include some marital debt. Each party will be responsible for the debt on the credit card accounts in his or her name, Each party will incur no debt for which the other may be liable, and will indemnify and hold the other harmless for any debt so incurred, 7. CustOdy: The parties are parents of three children: Bart William Stuckey, Jr" born June 15, 1984; Ronald Edward Franklin StUCKey, born June 13, 1986; and Elizabeth Ann Lorrainne Stuckey, born November 2, 1987, The parties shall share legal custody of said children. WIFE shall have primary phYSical custody of Bart William Stuckey, Jr. and Ronald Edward Franklin Stuckey; and HUSBAND shall have primary physical custody of Elizabeth Ann Lorrainne Stuckey, HUSBAND shall have partial custody of Bart William Stuckey, Jr, and Ronald Edward Franklin Stuckey as set out in the Court's Order of April 16, 1997. WIFE shall have partial custody of Elizabeth Ann Lorrainne Stuckey substantially equivalent to the time periOds set forth for HUSBAND in the Court's Order of April 16, 1997, with the understanding that the parties shall work together to modify said partial custOdy in such a way as to allow the children to spend as much time as Possible together, The parties agree that they shall engage in counselling as necessary to insure that the emotional needs of their children as a result of their divorce are met. 8. Legal Fees and Expenses: The parties agree to each pay one-half of the cost of the filing of the Complaint in Divorce and one-half of WIFE's attorney's fees, Said payments shall be made within ten days of the date of this Agreement. 9. Educational Support: The parties shall share the costs of post-secondary education for their three children through under-graduate school or a trade school, and any expense of funerals and weddings for their children in proportion of the adjusted gross income of each to the ~ combined adjusted gross income of each in the year preceding the school year for which the child is enrolled in college or trade school or the funeral or the wedding of the child, In the event that a party is self-employed, deduction for business expenses on Schedule C of the Federal income tax return shall be only those which represent actual out-of-pocket expense to the party. The parties will furnish one to the other Federal income lax returns by April1s'h of the year in which any such expense is anticipated for the purpose of ca!culating the respective obligations of the parties under this paragraph of the Agreement. 9, Modification: No modification, rescission, or amendment of this agreement shall be effective unless in writing signed by each of the parties hereto. 10, Applicable Law: All acts contemplated by this agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania, 11, Agreement Binding on Parties and Heirs: This agreement, except as otherwise expressly provided herein, shall bind the parties hereto, and their respective heirs, executors, administrators, legal representatives, assigns and successors in any interest of the parties, 12. Agreement Not to be Merged: This agreement shall be incorporated into the final decree of divorce of the parties hereto for purposes of enforcement only, but olherwise 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. 13. Documents: The parties hereto agree that they will execute and deliver one to the other any documents necessary to give effect to the terms of this Agreement. 5 14, Full and Final Settlement: WIFE and HUSBAND each do ~ereby 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 and from any and all rights, tilles, 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 and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former aCls, contracts, engagements or liabilities of such other, or by way of dower or curtesy, or claims in the nature of dower or curtesy, or widows' or widowers' 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, or any other Country, or any rights which either spouse may have, or at any time hereafter have, for past, present or future I support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether I , I 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 before the breach of any 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 thereof, SUbject, however, to the implementation and satisfaction of the condition precedent as 6 set forth herein above, , 15. BREACH: In the event that either party breaches any provision of this Agreement, le or she shall be responsible for any and all costs incurred to enforce the Agreement, including, Jut not limited to, court costs and counsel fees of the other party, In the event of breach, the ,~ lther party shall have the right, at his or her election, to sue for damages for such breach or to eek such other and additional remedies as may be a'/ailable to him or her, IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and Jar first above written, Itness: 1 \ / /,- '-- ..-" I' " ~ i. --\' -' : ,...:- .'.. ~ .- ',': ~/','J:: f'..;1_'~("(_(/-I1t.').,;I(,Cl...\ / '- c.' .... .... -j '. J '-> ,. / / " :u1) . > I~{ t' ./ ./",Lf'/-;;" U J ,. ,'1 , I.L., / I .' -II '/':I:Lt.{~"" >~~,-..J.I.'''':-'U.L/ Barbara A. Stuckey / 11m 1.1' ..,16ilL, L Bart W, Stuck~y, Sr, (Seal) (Seal) 7 BARBARA A. STUCKEY, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97-722 CIVIL TERM BART W. STUCKEY, SR., Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this I/O; day of , /f1t I'-{~ hearing is scheduled for the /..J } day of 1999, at /, ,:)0 0' clock I .M., in Court , 1999, a . , l, -tc/-(j- , :J Room Number ~ of the Cumberland County Court House, Carlisle, Pennsylvania. Both parties, will provide each other and the court with a list of witnesses ten (10) days prior to the date of the hearing along with a statement as to their expected testimony. Additionally, both parties will submit their proposal for a resolution of the matter. BY THE COURT, -1~A/I KEVI A. HESS, J. Barbara A. Stuckey, Pro Se Bart W. Stuckey, Sr., Pro Se / CM.~~(lo'c.J,,<, s/.d'f'l' -v .A ~ mlb , BARBARA A. STUCKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97-722 CIVIL TERM BART W. STUCKEY, SR., Defendant CIVIL ACTION - LAW IN DIVORCE JUDGE PREVIOUSLY ASSIGNED: The Honorable Kevin A. Hess CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: I::!8ME; BIRTHDATE CURRENTLY IN CUSTODY OF Bart Stuckey, Jr. June 15, 1984 Plaintiff Ronald Stuckey June 13, 1986 Plaintiff Elizabeth Stuckey November 2, 1987 Plaintiff 2. A Conciliation Conference was held on March 18, 1999, and the following individuals were present: the Plaintiff appeared pro so; the Defendant appeared pro se. 3. Items resolved by agreement: See attached Order. 4, Issues yet to be resolved: See attached Order. 5. The Plaintiff's position on custody is as follows: Mother filed the Petition to Modify. Her position is that the existing Order of April 16, 1997, which apparently was modified through a Property Settlement Agreement dated July 31, 1997, should be modified such that she have primary physical custody of two (2) of the three (3) children that are the subject of these proceedings: Ronald Stuckey who is 12 and Elizabeth who is 11 at the time of the conciliation. She raises various issues related to the Father's household which will not be repeated here. If any of the issues are at all accurate, they are extremely relevant. 6. The Defendant's position on custody is as follows: Father raised various issues regarding the Mother's household and the problems therein as well. Under the previous Order, he was to have the oldest child, Bart, who is 14 at the time of the conciliation and Elizabeth in his primary custody, and his son Ronald was in Mother's primary custody. Father alleges that Mother snatched Elizabeth in January and has not returned her to him. If any of the issues that he raises about Mother are accurate, they are significant as well. 7. Need for separate counsel to represent children: Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. 9. A hearing in this matter will take one (1) day. 10. Other matters or comments: The parties represented themselves pro se at the conciliation. The conciliator was not able to accomplish anything during the conciliation. It is clear that the history of these parties are such that there is continual yanking back and forth upon the children in the ongoing custody fight that is occurring at this point. Since July of 1997, the children have been back and forth between the two households in a variety of permutations eight (8) di fferent times. The current situation is that Elizabeth and Ron are with Mother and Bart is with rather. Apparently, there is absolutely no contact that the rather has with Elizabeth and Ron and Mother has no contact with Bart. The conciliator suggested to the parties that they enter into an Interim Order whereby both parties would be ordered and directed to have regular contact with the children who are not currently living with them. Both parties rejected that idea and were adamant that no visitation occur between the parties pending a hearing. This is a case that really needs an evaluation. The conciliator strongly suggested to the parties that they obtain counsel and obtain an evaluation. If the parties do not obtain an evaluation prior to this hearing, the Court will have to try and get through the extreme anger and bitterness that both parties are