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HomeMy WebLinkAbout97-00830 / JOYCE A. STOM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUI\mERLAND COUNTY, PE~SYLVANIA V5. :NO. 97.830 CIVIL TERM RONALD H. STOM, Defendant : IN DIVORCE o "" 0 S -.l -n ;:.: :;J :;:-. ::--:; .~:n !c;:. N '~~ -.J:,~ :a ?:~ j-"):rJ . . . : ~(") '-" _ ~)n1 >~~ .. ~ :.,.) ":) :::. (;.) =< Joyce A. Stom, Plaintiff intends to file with the court the attached Praecipe to Transmit Record on or after September 17, 1997 requesting that a fmal decree be entered. NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE; ,-. TO: Ronald H. Stom, Defendant Date: 27 August 1997 Marie Coyne, quire ttDmey for PIa' ff 390 I Market Str el CampHiII,PA 170Il-4227 (717) 737.0464 Pa. Supreme Cl. No. 53788 ir. (". .. ,- C'. .- C' ( I UI., <.., (' (,. \.1___ c.;>i C'! ~ C,, 1.;.:< r' u_ ~:.' I' f', (,'; " r- () 0 , o. J j ~ ~ ~ "1 " f:l g ~ '" ;;l ~ CO \1 I., .., -e 0 u: r:: I' ~ '" ~ ~~ ?:;! ..... .. UJ.', " ~ ...... \.oi (.)'1." .'~~ 10 " 0- r''- ' ; ;'? J-' <i: ~~' )~j ....... 1,1. a' " (;, g L:_ (;!~ it11 a:. ~ .u. W " ' lJ- .c \5 r- 3 ~ <1' I~d Q ~ ell C .t, C': / >-c. ,_,J.r wr.:: ,":'; <-,'.', :J:~ " (Cl. I ,. .J.. -. ,.'_1 ci: 6( ,... l.ul. N , lI:!IJ Eo li.j r:. -- 'c... .... It. ,.... :) 0 (J\ u !~,~~;;,.,,~- to. I ' :" ", . 0III0lII ...... I I I I I I I I I I,' J I I I , I , I I II' i,\ S~ ;,,,111,,,1:;, ,; \ (1".- " ",- - . \11111 { PENALlY FOR PIlIVATE UlE TO A\'CIll PAYMENT Of PC8TAOE. I30Il I ~ . . Print your neme, eddre.. end ZIP Code here · b$'# j(,bt./6 CO"Ne~ CfiQ. · . ~"Ol JliQ/r/Cd" $T. . . ... \;., :7 . Iii. n" ~! j" .' i ,I i i , I , I >- c, , rr, 1I: (.~. t~ ", Il.!'" .' U' . c.: ,- n.':~ 11.- :"'. 9; .., ~:1 r-, . I c:t. ~" I j I:. "" ., -- W I' ,,) 0' Ll -... '" ~....... '>- 1"" ... lr; 0 ."~ " j:.:: c:': , U-~~. C).: iT1 C: --. lL:> :.J 9~ ...:) :':J 0" ': ;; ~ ~'--' 'z ~.! 1 ;~~ :UJ 1_ l'.l. f: ,- -;: ,. r- ::> 0 (]'I U JOYCE A. STOM, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 97,830 CIVIL ACTION - LAW RONALD H. STOM, Defendant. : IN DIVORCE ORDER OF COURT AND NOW, this day of , 1997, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before on, 1997 at o'clock _,m, for a conference. after which the conference officer may recommend that an Order for Alimony Pendente Lite and/or Counsel Fees be entered You are further directed to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910,11 (c) (4) verification of child care expenses, if applicable, (5) proof of medical coverage which you may have, or may have available to you, If you file to appear for the conference or bring the required documents, the court may issue a warrant for your arrest. BY THE COURT, Harold E. Sheely, President Judge Date of Order: Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. Court Administrator Cumberland County Courthouse, Fourth Floor Carlisle, Pennsylvania 17013 (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 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 contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the Court, You must attend the scheduled conference or hearing, I , i di - r,; .... ,- 2 0- r_ L.~ - 0- ..:~ ~:.. ' ~ ~ u,~.- i: ; "" . , 0' Q r-( ~:1 I~ " . - l~-r 0 ~ 6: ,... J) ~ ' " ~ ~ UI' r', ::n d d.. IT:: ~\. ._;:J.., t.,. r ~, '5 11_ ,- Ll 0- U SEPARATION AND PROPBRTY SBTTLBKBNT AGREBMENT THIS AGREEMENT made this '/~ day of #fA .,,,,J/. 1997, r/ by and between RONALD H. STOM of 1530 Seltzer Court, Mechaniceburg, Cumberland County, Pennsylvania, hereinafter referred to as "Husband" and JOYCE A. STOM, of 202 E. Cumberland Road, Enola, Cumberland County, Pennsylvania, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, Husband and Wife were married on May 4, 1968 in A1toona, Pennsylvania; WHEREAS, Husband and Wife are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto and as a consequence, they have ceased living as Husband and Wife since October 31, 1992. !I WHEREAS, Husband and Wife desire to settle and determine :1 :; certain of their marital rights and obligations, and make an :! equitable distribution of their marital property, determine their rights to alimony, support, and all other matters which may be considered under the Divorce Code; and, / / WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to Dettle all financial and property rights between them; and, WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the r ~(') rr0 ARTICLE II DIVORCB 2.1 This Agreement is not predicated on divorce. Notwithstanding I the foregoing, it is, in fact, agreed and acknowledged between the , parties that a divorce action was filed on February 19, 1997. It is warranted, covenanted, and represented by Husband and Wife, each , to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the I specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. ,I 'I 2.2 It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution ;1 'i of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce Page 3 of 17 i I , ,i ARTICLE IV BOUITABLE DISTRIBUTION OF MARITAL PROPBRTY 4.1 The partiee have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabili ties, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for I I i future acquisition of capital assets and income; the sources of I I income of both parties, including but not limited to medical, I I retirement, insurance or other benefits; the contribution or I I II dissipation of each party in the acquisition, preservation, II depreciation, or appreciation of marital property, including the , I contribution of a party as a homemaker; the value of the property q II set apart to each party; the standard of living of the parties " :1 established during their marriage; and the economic circumstances !: of each party, including federal, state and local tax I, ramifications, at the time of the division of the property is to become effective. Page 5 of 17 f~ riffi 'I 3) J.e. penney's credit account ~~) Sears credit account I $) l\ II ......A (,> ~C.h'MS, $ ~~ -..l ~cl.,'o;\\o fe,.. r4oo.A ot.>l~, (b Wife shall be responsible for and agrees to hold Husband I free and harmless from any and all liability regarding the, following debt: 1) 1995 parent plus loan Husband and Wife each agree to hold the other free and i harmless from any and all liability which may arise from any Ii outstanding bills, obligations, and debts incurred after the date i i :1 of separation, and further agree to indemnify and defend the other' from any claim regarding same. Both parties agree that, in the I future, neither shall cause or permit to be charged to or against' the other any purchase which either of them may hereafter make and : shall not hereafter create any engagements, debts, or obligations I .i ! in the name of or against each other. 5.2 In exchange for release whatever claim they may have against , the real property of the other as set forth above, each of the! , parties agrees that the other party should not be burdened by any I I debt, l~, or mortgage encumb ring that property. ~ "J,a...J W effect, grees to immediateluefinance any, t.~ 'VJ M+'e . i such encumbrance in order to remove the name of thejftaft pe88888g~~ To that! ~~usband agrees to hold Wife O~~ free and harmless from any and' Page 9 of 17 all liability which may arise from any outstanding bills, obligations, and debts encumbering real property in his possession and further agree to indemnify and defend Wife from any claim regarding same. ARTICLE VI HISCBT,T,ANBOUS PROVISIONS 6.1 Bach of the parties agree that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein the breaching party shall be responsible for all court costs and attorney fees to enforce the Agreement. 6.2 Advice of Counsel. The parties acknowledge that they have been given full and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. ;i r~ Page 10 of 17 II 6.3 Counsel Fees. Husband and Wife agree to be responsible for their respective attorney's fees. 6.4 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or I , : claims in or against the property (including income and gain from , i i, II II :1 'I 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 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 i other as by way of dower or curtesy, or claims in the nature of i :1 dower or curtesy or widow's or widower's rights, family exemption, !i 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 .' " : I conveyance by the other as testamentary, or all other rights of a , " Ii surviving spouse to participate in a deceased spouses's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth of territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter Page 11 of 17 r~~ 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 for the breach of any thereof, It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising I or which may arise under this Agreement or for the breAch of any thereof. 6.S Warranties. 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 I Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, ;, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each Page 12 of 17 ("p ~~ will, now at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.6 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach or default shall be deemed a I waiver of any subsequent default of the same or similar nature. i Ii il 6.7 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be i; necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.8 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. Page 13 of 17 " 6,13 Disclosure. The parties warrant and represent that they have I i I made a full disclosure of all assete prior to the execution of this Agreement and eaid execution was in reliance upon that dieclosure. 6,14 Bnforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual , benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained ': and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through I: appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. Page 15 of 17 r1# '! >- en 2: '.17 ('; ~~: },::C , f'; .... Ie' h. (' I., C ': . .'0' " iL ,-. .... 'J. r-. :"!'j l) Q' '.J >- .:1 r:: l_:~ tI, , I, r.'.~ , :.L ,.. .L, ~ ..,j C" ,-. c.. 1 L;.:' ~ .. . <- ':"1 ..- I ~,' L'. ,- ~:4; I ,,' '-.-l