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Home My WebLink About97-06607 .. " ... , ~ V} ~ \} ~ ~ " ~ ~ , ~ ~ ~ \) \D ~ ~ ~ "-\ " i \"" \ \ j , i / / , ~ ,.: .- 6 ,~ C1 &.: ~. (' " '0 n. C>J l'..l -' .:5: L.i t5 :..: r- "'" i' ~~ f; ~ f'... ::;'" o' ~ & ;r! I':' " ~ );: ~ ; i;{,Jfl..~ .1 ':::J:J .,a.~ ~ j CJ r.t. - ., ; . OF CUMBERLAND COUNTY ~' STATE OF ~~! PENNA. ,;.:. ,;c- ,;c. .,. -- ~ ~ 8 ~ ~ 8 . . . . . . . . . . " . . . . i: I. l~ 'a j. I~ i: ;~ i'" i,;, ,... , . ':~ ~~'~'~*'~'*~'~'~'~"~'*"~'~'~~'-~-~"~-~~"~'~~'~'~ ~i-v-~'" . l ~l !!I' Il' ./ ~I *\ ~I .' ~ . . . . . . . ~ . . 81 ., i ~ . . . . ~ 8 8 . . ~ ~ . ~ . . '~ . ___'V ",-.- _ ,- - ..., . ~ ~~~~-~~..~,~..~~.~.~..~~.*..~,-~..~._~~..~..~--~..~..*.*.~~.~. IN THE COURT OF COMMON PLEAS LI!K1lEL P. STURMS . ;'\ I ,. 974i601 PLAIHTIrI' \' ('l'.-ill:) DA&LA D. STURMS. DErEIIIWl'l' DECREE IN DIVORCE AND NOW. ..'",...' ,P~r--I:v.,. ,2~.. 19 rf..,. it is ordered and decreed that.. , . , ,~" ,P. ,li'l'll1lllS,., ' . , ' . . , ' .. '. ,. .. , . ,. . . ", plaintiff. and. .. .. " .. .. , , , ,DAiLA D.. STUIIHS, , , ,. , , .. . . , , " .".....,... 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; !It\!l!l~E, ~~. ~~ P^'rnl P.ECJ'JOl.llJl.l,6., .l99,8., AHll UGHED .B'[ :mE ' , P~TI~S, ~Il, BE~BY, INCORPORATED IIKllJ!IN, AJID, MAD,! A. ,PAJl.T o.F, ,THIS ,DI,V.o.RC,! .DJ>;l;IIEE. ." n~ c,";;;AI- 7 AlI..l: ~d.:t:"".-J Q ~''c?-' ~;S"" J. .~~ Q. '--77}Ol/~C.J, U ( ~ Pro hOI 0' i .." !, ~ L i~ ,;, ~ ,\ , ~ ;~ .~ ~ ~ ~ LUllEL P. STLRMS, PlaloUIY IN Tilt': COURT OF ~'OMI\ION Pl.EAS OF CUMBERUND COUNTY, PENNSYLVANIA v. CIVIL ACTION. LAW ?h'd-07 CIVIL TERM ~. ! DARLA D. STURMS, Dtfeadanl "", IN DIVORCE PRAECIPE TO TRANSMIT RECORD To lbo Prolbonolary: " Transmillbe record, logether wilb lbe following infomlalion, to lbe COl~rt for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 330 I(c) of the Divorce Codo. 2. Dale and manner of service of complaint: A certified copy of lbe Complaint in Divorce was aerved upon lbe defendanl on December 4, 1997. by certified mail, restricted delivery, addressed 10 her at 309 Skypon Road, Mechanic.burg, Pennsylvania 17055, with Return Receipl Number P IH6 H72 633, ), Complete eilher paragraph (0) or (b), (a) DalO of execution of Ihe affidavil of consent required by Seclion 3301(c) of lbe Divorce Code: by plaintilT: December 23, 199H: by defendant: December 23, 1998. (b)(I) Dale of execution of lbo aflidavit required by Section 3301(d) of lbe Divorce Codo: (b)(2) Dale of filing and sorvico of lbe plaintill's affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complele either (a) or (b). (a) Date and manner of service of lbe Notice of Inlenlion 10 Request EDtry of a Divorce Decreo and Counter-Affidavil: (b) Date plainlill's Waiver of Notice in Soclion 3301(c) Divorce was filed wilb lbo Prothonolary: December 24, 1998. Date defendant's Waiver of Notico in Section 3301(c) Divorce was filed wilb the Prolbonotary: December 24, 199~. r:@ ~ rf\L"" ll. .- ~!~: Huahes,l:;:;2JHVL} AllorDey for DeI.Dd.Dt }': ! ! I ~ I (, ~ n 8 l.O 0 C<> "1 ~, 0 .,.,... ":1 ".. O)tj fil ij~ ,.. t;o;;~ > N !'JIll ~? ~~~, ? .c- " \ ~::l~ :--. ~=1LJ '.::r. ',. ..''j:ij :~((~'~' -, ..(") '?? ~-:. rrt U ?j -, :::> ~ i'd ""' en vs. : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, : PENNSYLVANIA ~ NO. 9"'~ /,/..07 e/r..)! l ~Ir} LEMUEL P. STURMS, Plaintiff DARLA D. STURMS, Defendant : CIVIL ACTION - DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS 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. Ajudgment may also be entered against you for any other claim or relief 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 mar.iage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO Na! HAVE A LAWYER OR CANNa! AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Cumberland County Courthouse 4th Floor One Courthouse Square Carlisle, PA 17013 (717) 240-6200 i t Armed Forces on active duty. 8. Plaintiff and Defendant are both citizens of the United States. 9. Plaintiff has been advised of the availability of marriage counseling and of the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff waives the right to request that the Court .1 require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 10. Plaintiff avers that this ground on which the action Is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter a Decree of Divorce. .. ,..._~_.,._- ~~' o F. Blair Sup me Court ID #45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 /' ) ./ . o. _._____...., DATED: II ~ )}-/- 77 . VERU'ICA TION i .." I verity that the statement made in the toregoing document are true and correcL to the best of my knowl~dge, intormatic;l "nd belief. I understand that the statements therein are made subject to the penalties of 18 Pa. e.s. S 4904 relating to unsworn falsification to authorities. ~ --------- "--/~ .----- "-- t- .- \, "~ '- . . DARLA D. STURMS, Plalntiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 97~607 CV LEMUEL P. STURMS, Defendant : CML ACTION - DIVORCE AFFIDAVIT OF SERVICE I, Nora F. Blair, Esquire, hereby certify that a true and correct copy of the Complalnt in Divorce was served on the Defendant by certified mall, restricted delivery, return receipt requested, on December 4, 1997 addressed as follows: Daria D. Sturms 309 Skyport Rd. Mechanlcsburg, PA 17055 The return receipt card is attached hereto marked Exhibit "A" and incorporated herein by reference. .. DATED: [;)J..f..&.-,{U1/ I 7 I 199J oaF. Blair Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1429 Fax (717) 541-1428 c , ~ , .... ,. . ~By: ( rlIl,""') IIiIO wlIh III ........IW toiklWlnll eeMcM (far III _1M): I. 0 ~.AdlINM a.lIt AU 1 t I . 0IIvIIY c:.onut ~.lt"r tor.... ,.\ .~';"'_l"'__- I .~_............ I .,... "'" -- 1M -- an.......... of IlIIlIrm" NIl.......,...". It'll -"~ .MIJII/A" tDnft." tan of......... . an.... '** 1111*1I.. not I. .=-,....,...... ,.. . ~ on N 1ftIIIlPIOI.... M........ ti .---..-..-..---......- i '~~~~~~~~ ft\tLlWic:5b~) Pit 1)"0.5 5 4a. I , I 1 8. _ a: (Addrlf-: or Agei!I) , I XI-- .e~\c'" J t',\vf,-b ',. PSForm3811.~I984 (' .J EXHIBIT "N' ( j ( ,0 .d 1.-) G C> " ~'" c::l ."'nr") ,,1 "J rnV n , 7.1' N --;1 ;;~I~-' i.:J i../),:~ .;:- ~ (~) ~~: . r;C} i!': ,~ :~J ~'l("'1 ')-, -'- ..() :;;;8 en '" ,) 00 ..I ~ :;:) ..... :'<1 N --.. ~~ " t .. r , \ .- -# ~ r . ' UMUEL P. STURMS PIli; IIlilTIRespolldell1 IN TilE COURT OF ('OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ('IVIL AnION - DIVOR('E DARLA D. STURMS DefelldllllllPel;lioller NO. 97 .66117 CIVIL TERM IN DIVORCE DRII 27,17~ ORDER OF COlIRT AND NOW. Ihis 71h dllY of J:lllunr\'. I'I'IM. upon cOlIsidcrallon of Ihe aUlIched PClllion for Alilllony Pelldenle Lile and/or connscl fces. II is hereby' direcled thallhe p;lrtics and Ihcir rcspcl:1i\'c counscluppc<tr before RJ, Sh:ldd:l\' on J:lnll:lI\' 2M. jlNM al 11I:,111 a,llI, for:l conferencc. al D N, Hanovcr 51.. Carlislc. PA I7I1D. after whieh the confercnce olTIcer ilia) rccollllllend Ihal :In Order for Alilllony Pendcnte Lilc be elllered, YOU arc fun her ordcred 10 bring 10 Ihe conference: (I) a Imc COP) ofyonr 11I051 recenl Federallncollle T:I' Relnrn. including W-2's as filed (2) yonr pay slUbs for Ihe preceding six ((')lIIonlhs (.l) Ihe Incollle mid E.'pensc Sl:Ilelllenl auached to Ihis ordcr. cOlllpleled as required by Rulc 1911I,11'" (4) \'crifiC:llion of child eille c'penscs (5) proof of llIedical covcragc which )olllllay havc. or llIay luwc availablc 10 you IF )OU fail 10 appenr for Ihe conference or bring the required docullIcnls. Ihe Court nUlY issue II \\'llrralll for lour arrest ce: pelitioner and responde III cc: Rebecca Hughes. Esq, ec: Nora BI:lir. Esq, ,..,a.S.O cl I I i'I..t......L& 19 t'"f'IJ Dale of Order: Jannan7.1'I'iK " ~ ~ _ Sha' 'y. C fe nec 0 Iccr ,'T YOlllIAVE TilE RIGIITTO A LAWYER, WIIOE MAY ATIE D THE CONFERENCtAND' , REPRESENT YOU. IF YOU DO NOT IIAVE A LAWYER OR CANNOT AFFORD ONE, GO Td OR TELEPHONE TilE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. . COURT ADMINISTRATOR FOURTH FLOOR CUMBERLAND COUNTY COURT HOUSE CARLISLE. PENNSYLVANIA I7I1D (717) 2411.(,2nll F~L~'JC-:;l.'~E C": '7'~ - . - -T,'~\Y 98 JMI-8 [,ii q: 12 C; II':";,..: l' . ,r"j,,'7\! ;...110.__........_# ..~._".~\, Pt:\:~..,I',"L\;.":l \ ~. , j ) " . ~ , YOU HAVE TIU RIGHT TO A LAWYER, WHO MAY ATfEND THE CONfERENCE AND REPIUSENT YOU. If YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIU OFnC! SIT FORTH BEWW TO FIND OUT WHERE YOU MAY GET UGAL HELP. Court Admlalstrator Cumberland Couat)' CourtboulC! Fourtb Floor One CourtboulC! Square Carlisle. Peaal)'lvanla 17013 717.Z40.6ZlIO AMERICANS WITH DISABILITIES ACT OF 1990 Tbe Court of COIDmoa Pleu of Cumberland Couat)' Is required by law to comply with tbe Americanl with DlsabWt1et Act af 1990. For laformatloa about acceuible facilities and reuoaable acCO_odatlODl available to dJaabled ladhiduall bavlag bllliaeu before tbe Court, please coatact oor office. All arraagemeall mUlt be made at leut 71 boun prior to au)' hearlag or bua/aeu before tbe Court. You mult attead the scheduled coafereace or bearlag. " " f i' r r t .~ LEMUEL p, STURMS, PlalntlffJReapondent IN THE COURT 0' COMMON PLlAS 0' CUMBERLAND COUNTY, PENNSVLVANIA f y, CML ACTION - LAW 97-6607 CIVIL TERM DARLA D. STURMS, DcfendlUlt/Petldoner IN DIVORCE . PETITION FOR AllMON V AND AllMON V PENDENTE LITE . NOW Qlmes DARLA D. STURMS, by and througb ber allome)'s. "win. Ml:Knigbt ol Uuaha. aod petitiOI1l tbiJ Hooorable Coun as follows: I. Tbe parties hereto are busband and wife, baving been joined in marriage on July 10, 1993; ,- ... 2. The parties separated on or about November 2, 1997; and 3. Petitioner is wilboutlbe ability to earn income sufficient to IllCC\ ber reaaonab~ ncedI. WHEREFORE, Petitioner pra)s tbiJ Honorable Coun 10 order a1bnony pendcnle UIe In an amount CIlJuaI to lbe Pennsylv'ania Stale Support Guidelines. IRWIN, McKNIGHT" HUGHES I)': Rebecea R. Hupa. Esquire Attorne)' lor Petitioner 60 Wat Pomlret Street CartWe, Peonl)'lvanla 17013 717-149-~ Supreme Court LD. No. 67111 t' L" t , VERIFICATION The foregoing Petition is based upon infonnation which has been gathered by my counsel and myself in the preparation of this document. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Dc.-Lc. ;), bw....6 DARLA D. STVRMS Date: December /1 .1997 CERTIFICATE OF SERVICE I, Rebecca R. Hughes, Esquire, do hereby certiJy that I have served a true and correct copy of the foregoing Petition for Alimony and Alimony Pendente Lite on counsel for the plaintiff/respondent by placing it in the United States Mail, first class postage prepaid in Carlisle, Pennsylvania 17013 upon the following: Nora F. Blair, Esquire :; t{ I - III Z? P. O. Box 6216 Harrisburg, Pennsylvania 17112-0216 Attorney for the PlaintifflRespondent, Lemuel P. Sturms Rebecca R. Hughes, Attorney for DefendantIP By: Date: December 17,1997 , , . , . ~, ~, f r~ 2; '~: i I , .'4# , ~ n ," to) - i -I ',1 ,. - -, : ~1 ) ",;..:.. :1 l .~ -.., ;ri I , " r '.n ';J , en -.: I , i , I i I f I. I LEMUEL P. STURMS, Respondent vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-6607 CIVIL TERM CIVIL ACTION - LAW DARLA D. STURMS, Movant RULE TO SI:l0W CAUSE REQUESTING PRELIMINARY INJUNCTION On reading end filing the Motion for Temporary Injunction Order in this cause and on motion of Robert L. O'Brien, Esquire, attorney for the Movant, It is ordered that the above-named Respondent, Lemuel P. Sturms, show cause c ~ ~,'#1 before this Court on ...::r,.... ~ ' -, ,2001, at 0" (l II o'clock _~. or as soon thereafter as counsel can be heard, at the Cumberland County Courthouse in the City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania, why a preliminary injunction should not issue during the pendency of this action, according to the prayer of the Motion for Temporary Injunction Order; and, It is further ordered that the Movant cause a copy of this order, together with a copy of the Motion for Temporary Injunction Order, to be served on the Respondent at least - days before the day of hearing; and, It is further ordered that in the meantime and until the further order of court, the Respondent desist and refrain from taking any action to put Movant out of the residence at 309 Skyport Road, Mechanicsburg, Pennsylvania, 17050. .. Kevin A. Hess, J. LEMUEL P. STURMS, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-6607 CIVIL TERM CIVIL ACTION - LAW vs. DARLA D. STURMS, Movant MOTION FOR TEMPORARY INJUNCTION ORDER 1) Movant, is DarIa D. Sturms, who resides at 309 Skyport Road, Mechanicsburg, PA, 17050. 2) Respondent, is Lemuel P. Sturms who resides at 46 Mira Loma Drive, No. 2L, Reno, Nevada 89502. 3) The Movant and Respondent are divorced. In conjunction with their divorce, they entered into a Marriage Settlement Agreement, dated December 16, 1998. Pursuant to Paragraph 7 of the settlement agreement, the Respondent received the parties real estate located at 309 Skyport Road, Mechanicsburg, Pennsylvania. Pursuant to the agreement, the Respondent was responsible for paying the payments for a first and second mortgage against the property. These mortgages were In the names of both parties and Movant remains liable on these obligations, 4) The Respondent has abandoned the Skyport Road property and has relocated to Reno, Nevada. He has not made the mortgage payments for the months of December and January. A foreclosure of the property will result In a deficiency jUdgment against the Movant. 5) The Movant wishes to preserve her credit and Is willing to move Into the property and undertake making the payments on the first and second mortgage, that the Movant and her family may remain In the property while consideration Is given to her request that the property be reconveyed Into her name. 12) Movant's counsel has contacted Nora Blair, Esquire, Respondent's counsel In the bankruptcy filing and spoken with her about securing her client's cooperation in conveying the property to th3 Movant. Ms. Blair had Indicated that she would encourage her client to cooperate. 13) Attached hereto are letters that were prepared on January 23 to send to Ms. Blair as well as the Trustee. These were not sent as the new deed to enclose was not prepared. Also attached are the pleadings which Movant will file In the Bankruptcy Court to obtain relief from the automatic stay as well as in the County Court once the stay is no longer In effect. Movant incorporates these attachments herein. 14) Movant's two minor children and her mother, who recently separated from her father, reside with her. This family has no where to relocate to if the Respondent forces the police to put Movant out of the premises. 15) The Respondent Is extremely vindictive and hostile to the Movant. When the parties were first separated the Respondent came to the Skyport Drive property In the middle of the night and awakened Movant at 2:00 a.m. and threatened to burn the house down with her and her children in it. On other occasions he has threatened Movant with death or serious bodily injury. 16) Movant believes that unoccupied real estate Is subject to damage through vandalism and If this occurs she has no coverage because she has no Insurable Interest. A Court Order approving her occupancy of the real estate will give her an Insurable Interest. 17) Movant avers: A) An Injunction is necessary to prevent immediate and Irreparable harm not compensable in damages; B) greater harm will result from denying the Movant's request than granting It; C) Movant's right to relief is clear; D) and, the status quo will be stabilized and restored If the relief Is requested because the Respondent has abandoned the property and the Trustee has no objection to the Movant's residing in the property. WHEREFORE, Movant respectfully requests that the Court issue a temporary Injunction ordering and directing that the Respondent refrain from putting her off the property, that the Court Issue an Order that Movant has exclusive possession of the property, Order and Direct that the Respondent not come on to the property, and such other relief as Is just and equitable. Respectfully submitted, O'BRIEN, BARIC & SCHERER BY;- L~ M~MJ-. Robert L. O'Brien, Esquire Attorney for Movant 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 \ P VERIFICATION I verify that the statements made In the foregoing Motion For A Temporary InJuncllo/l are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. S 4904. relating to unsworn falsification to authorities. Utrl'1 oj ' 6/v.4 Darla D. Sturms Date: " ~/Ol , ,..:.c- '.:.;. ':..:. '.:." ,;.:. ,;.:. .;..:. .~ <C. 'le' .~ .:.:. .:.:. .;., 'Wo' .:.:, .:.:. .:.:. ':.:. .;.:.,.:c-:.:<<o:'.:.;..:.c- .:c. .:.:. ':<<0 .... ,:w.~ ~.----_....~_.- ~ ~- ..~, . I' ~ 8 8 8 8 . . * 8 8 8 e ~ 8 8 ~ ~ 8 ~ ~ $ " ~ ~ ~ M :', ~ ~ 8 ~ 8 8 ~ ;;, ., ~ 8 ~I 8 ~ ~ 8 ~ 8 ~ 8 8 8 8 8 e 8 8 e ~ ~ ~ ~ ~ 8 . 8 ~ 8 8 8 ~ ~ 8 ~ ~ . - ------,- ~ ... ~, .:.t. ':c. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ... PENNA. LJlMUEL P. STURMS. ... 'i N (). ,9.1:::fifiQL.... ................. 19 PLADlTlU ' l it VCI'SII:i :i " DAKLA D. STURMS. ,......... !I DEl1!IIDAIIT ii DECREE IN DIVORCE AN D NOW. . . . ~~F. ~~. . . . . . . . . . . . . .. 19.. ~~ . '. It Is ordered and decreed thot ......~. f.. S'J'mIS. . . . . . . . . .. . . . .. . . .. . . . ..... plaintiff, and. . , . . . . . . . . . . .. J>m.A lJ,.. .s.1:IllOta . . . ., . .. .. .. .. . . .. .. . . . . ... 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; . ~~GE, s~~. ~~~. ~~'mJ. ~~~~~~. .1.6... .1.9.9,8... NfP. .S.I.lOOlA .~~ .~ . . ~~n!!~. ~~. ~!l~!lrO!l!\'mJ. !Q!!l!!~". NiP. KAPil. ~. r,.,.:r. P'. :rAI.S. P.I.V.O}l.c~ P.E.C.JIM.. . . . Dy The Court: /s/ Kevin A. Hess Att~;i: 'tiirtis R. long; prothOnOtary....'.. J. ~ P.071cnAaJ.~..... , Ie. P~~.'~y 8 8 CERTIFIED COpy ISSUED DECEMBER 29, 1998 ~____..____~_,_~_~~___ M .~~~-~-------------~----~ 8 8 $ " M.ttR.BM1i.E. ~ MiBEEMENT THIS AGREEMENT made this -LIP '*'^ day orpPf p-m~ ,1998, by and between LEMUEL P. STURMS (hereinafter referred to as "HUSBAND") and DARLA D. STURMS, (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on July 10, 1993; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE 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 and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: 1. 1/ The parties intend to maintain separate Wld penn anent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective righls and duties of the parties while they continue to live apart from each other. . 2. The parties have attempted to divide their matrimonial property in a manner which confonns to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever detennine their respective rights. The division of existing marital property is not intended by the panies to constitute in any way a sale or exchange of assets. 3. Further, the panies agree to continue living separately and apan from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses. ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 2 4. The consideration for this contract and agreement is the mutual benetitto be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of ll]e consideration for all agreements herein contained is stipulated,confessed, and admitted by the parties, and the panies intend 10 be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (I) is represented by counsel of his or her own choosing (Rebecca R. Hughes, Esquire for WIFE); or if not represented by counsel, understands that he or she has the ril!ht to counsel; (.2) is fully and completely infonned of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) enters into this Agreement voluntarily after receiving the advice of counsel, or chooses not to consult an attorney; (4) has given careful and malUre thought to the making of this Agreement; (5) has carefully read each provision of this Agreement; and (6) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 3 5. It is !he purpose llnd intent of this Agreement to settle forever and completely the interest and obligation~ of the parties in all property !hat they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3301(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that confonns to a just and fair standard. wi!h due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without !he introduction of outside funds or other property not constituting a part of !he marital estate. It is !he further purpose of this Agreement to seule forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate ;:onsideration of Marital Property wi!hout the prior consent of !he other. 4 Each Party acknowl~dges !hat, to the extent desired, he or shr. has had access to all joint and scpanlle State and Fed~ral Tax Returns filed by or on behalf of eith~r or both Parties during marriage. 7. REAL EST ATE: WIFE hereby agre~s to transfer all right, title and interest in !he property known and numbered as 309 Skyport Road, Mechanicsburg, Cumberland County, Pennsylvania to HUSBAND. WIFE agrees to execute a deed simultaneous with this Agreement transfering any marital interest she may have in the property into HUSBAND's name individually. The panies are anticipating the finalization of a second mortgage through Equity One. settlement to occur on Monday, December 14, 1998. The parties agree that the proceeds check of approximately Six Thousand Five Hundred Eighty Four and 34/100 ($6,584.34) Dollars shall be WIFE's individually, and HUSBAND agrees to cooperate in transferring said funds to WIFE immediately at settlement. HUSBAND hereby agrees to indemnify and hold WIFE harmless and be solely responsible for the first and second mortgage currently against the property. HUSBAND further agrees to either remove WIFE's name or list the property for sale within five (5) years of the date of this Agreement. In the event HUSBAND, after making a good faith effort to ei!her refinance or assume the loans, is unable to qualify for said refinance or assumption, then HUSBAND shall list the property with a reputable realtor at a price either agreed upon by the parties or recommended by a neutral realtor. HUSBAND shall make every effort to maintain the property in such a manner to accommodate a sale of the property, and shall follow the recommendations of a neutral reputable realtor in adjusting the sales price in the event the property does not sell within a reasonable period of time. If a sale occurs, HUSBAND shall be entitled to any proceeds that result from !he sale, and shall also be liable for any monies due at the time of sale. 5 Each party agrees that neither will incur obligations. liens or liabilities on account of the other and that from the date of this Agreemenl. neither party shall contracl or incur obligations. liens or any liability whatsoever on account of the other. 10. AUTOMOBILES: HUSBAND agrees \0 convey any and all interest which he may have in the 1998 Pontiac GTP currently in the possession of WIFE. WIFE shall make a good faith effort to refinance the loan currently held against the vehicle so as to remove HUSBAND's name from the loan. HUSBAND hereby agrees to cooperate in the transferring of the title into WIFE's name in the event WIFE is able to refinance said loan. WIFE hereby agrees to transfer to HUSBAND any and all interest which she may have in the vehicle currently in the possession of HUSBAND. At the time of transfer of said interests. HUSBAND shall be responsible for any and all payments and insurance on said vehicle being transferred to him, and WIFE shall be responsible for any and all payments and insurance on said vehicle being transferred to her. II. MARITAL DEBTS: It is fur.her mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnifY the HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separalion she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the eltccution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnifY and save HUSBAND 7 II' , , I ~ I hannkss from any and all claims or d~mands mad~ against him by r~ason of debts or obligations in~urr~d by her. HUSBAND shall assum~ all liability for and pay and ind~mnify the WIFE against all d~bts incurred by HUSBAND after the date of s~paration. HUSBAND represents and warrants to WIFE that since the parties' marital separation h~ has not contracted or incurred any debt or liability for which WIFE or h~r estate might b~ responsible and HUSBAND funher represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement. for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE hannless from any and all claims or demands made against her by reason of debts or obligations incurred by him. Additionally, HUSBAND shall be responsible for the following marital debt. and shall indemnify WIFE and hold WIFE hannless for said loans: a.) Blazer Financial b.) Partners First (Bank of Boston) Credit Card. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. 13. BANK ACCOUNTS and TAX RETUR1\iS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND, and HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE. 8 The parties hereby agree to file income tax returns separately. beginning in 1998. It is further agreed that HUSBAND shall claim all the tax deductions associated with the owncrship of thc joint propcrties bcginning in 1998 and continuing as long as the deductions are available. 14. BREACH: If either party breachcs any p;ovisions of this Agreement, lhe other party . shall have the right. at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 15. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other. execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 16. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable. and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. It is funher understood that HUSBAND is choosing not to retain the advice of 9 counsel. but understands that h~ has a right to counsel. It is the plmies' intent that this Agreement does not merge with the Divorce Decree. but rather shall continue to have independent contractual significance. Each party maintains his or her \:ontractual remedies or any other remedies provided by law or statute. Those remedies shall include. but not be limited to. damages resulting from breach of this Agreement. specific enforcement of this Agreement and remedies penaining to failure to comply with an order of coun or agreement penaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set fonh in !he Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. , I l I 17. ENTIRE AGREEMENT: This Agreement contains !he entire understanding of the parties and !here are no representations. warranties, covenants or undenakings o!her !han !hose expressly set fonh herein. 18. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 19. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 10 IN WITNESS WHEREOF, the panies hereunto have set their hands and seals the day and year first above wrincn. CJ4-.ftJ A~ EAL) (SEAL) 12 COMMONWEALTH or PENNSYLVANIA SS: COUNTY or CUMBERLAND PERSON ALL .... APPEARED BEFORE ME. this ~ day of ~LPM.b '--'. 199 a Notary Public. in and for the Commonwealth of Pennsylvania and County of Cumberland, DARLA D. STURMS, known ~o me (or satisfactorily proven> to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the pUll'oses therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notanal Saal Ma"ha L. No.1. N01ary P"Ohc Carlisle Boro. C,;r:'l:>flManct County My COmmltl'On F.,r..Iu,: .3ltOt 18.1999 .moer. .nnsy 1"inl_ ",s~ac.;allon ulllotaflU ~~~ COMMONWEALTH OF PENNSYLVANIA S5: COUNTY OF CUMBERLAND ~ PERSONALLY APPEARED BEFORE ME. this!k- day Of~P' l!'m.~~ . 199 ,a Notary Public. in and for the Commonwealth of Pennsylvania and County of Cumberland, LEMUEL P. STURMS, known to me (or satisfactorily proven> to be the person whose name is subscribed to the wi!hin Marriage Settlement Agreement, and acknowledges that he executed the same for !he purposes !herein contained. IN WITNESS WHEREOF. I have hereunto set my hand and official seal. NOlanal Sent "'a"ha L, Noel. Notary PuOhc Carlisle Bora. Cumbeni100 County My CommiSSion Expires StfDI 18.199; 11th If,. .nn.,lvama socla1lOo 01 ,otaflc:a ~.€I~ r I' i r r<": L f/ i':. f77.: 13 Daria Lemuel Kitchen table &. chairs VCR Stereo &. CD -I small TV's 3 Bedroom suites Computer with desk CunainsiDining room. living room &. girls bedroom Refrigerator ~ Lawn chairs Couch, lnve seat. chair otlnman & table Big table/hutch VCR Entcnainment ccnter New big TV Dishwasher Filing cabinet CunainS/Family room. kitchen. bedronm, office Washer Dryer Grill 1 Family room lights .,', " Low OJ1in'., O'BRIEN, B.~RIC" SCIIERER 17 We,ll South S"..t ('lI,/i.,le, l'ennsylvlInia 17()!J Robert L. (J'B,len David A, BlI,ic Mi,'hllel A, S,'he,e, (7/7) 149-687J F/lX (7/7) U9.J755 E-mail: oln@obslaw.com January 23. 2001 Nora S. Blair, Esquire 5440 Jonestown Road Harrisburg, Pennsylvania 17112 RE: Sturms Bankruotcy Dear Nora: Enclosed you will find a copy of a Deed which are requesting that Mr. Sturms sign. I have also enclosed for your reference drafts of filings which I am prepared to process in the event that we cannot get your clients cooperation. I will work with the trustee to make him aware of the situation and notably the lack of equity in the real estate in order to obtain his consent to this transfer. Please advise after you speak with your client that he is willing to proceed voluntarily. Very truly yours, O'BRIEN, BARIC & SCHERER RLOfJI Ene. cc: Robert L. O'8rien, Esquire Daria Sturms, w/Enc. File rlo.dlrJletlel'l/llunnl.llr /.<11\' OJlie.'" t t O'BRIEN, BARIC.l SClIt.'Rt.'R 17 W.", South Sir""' Gulisl., l'tllll.Jylvalliu 1701 J Rob." /., O'Brien David A, Baric Mkha<l A Sch.r.r (717) 149.6117 J fux(717} 149-J7JJ E-mail: oMtiJab.rluw.com January 23, 2001 Marklan Slobodian, Esquire 801 North Second Street P.O. Box 11967 Harrisburg, Pennsylvania 17108 RE: Lemuel P. Sturms Case No. 01-00091 Dear Marklan: I am contacting you In reference to Mr. Sturms bankruptcy. Mr. SturmE! is represented by Nora S. Blair, Esquire and I represent his ex-wife, Daria D. Sturms. Mr. Sturms has abandoned his real estate and relocated to Nevada, Prior to leaving the area he had attempted to sell the home and was unsuccessful. My client, his ex-wife, continues to be responsible on the mortgages against the real estate. She hopes to be able to obtain title to the real estate from her ex-husband. At that point, she will make arrangements to pay the past due first and second mortgage payments. It is my understanding that the mortgage payoffs equal or exceed the fair market value of the real estate. What we are asking is that you make a determination that this is not property of the estate that you have to administer. Should you have any questions, please contact me at the office. Very truly yours, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire RLO~I cc: Nora S. Blair, Esq. Daria Sturms File rlo.dlrlletterslalurma2.llr , . LEMUEL P. STURMS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VB. : NO. 97-6607 CIVIL TERM DARLA D.. STURMS, Defendant : CIVIL ACTION - LAW AND NOW, this RULE TO SHOW CAUSE day of , 2001, upon consideration of the attached Petition, a rule is issued upon Respondent to show cause, Rule returnable at a hearing scheduled for , the day if any there be, why the relief requested in the Petition should not be granted. BY THE COURT, I i .. I I- r I , , i of ,2001. J. 6. The Respondent has also indicated to the Movant that he has or will be filing a bankruptcy petition to obtain a discharge of the indebtedness on the mortgages, as well as other joint obligations of the parties from their marriage. Pursuant to the settlement agreement, the Movant seeks relief through the court which will require the Respondent to convey the property into Movant's name alone, Additionally, the Movant requests that the Respondent be ordered and directed to pay all legal fees and costs Incurred by the Movant in enforcing her rights under the agreement. Pursuant to 20 Pa.C.S.A. Section 3502(e), the Court has jurisdiction to enter an appropriate Order to place the real estate in the name of the Movant, as well to enter other appropriate Orders. WHEREFORE, the Movant respectfully requests that the court issue a Rule upon the Respondent to Show Cause why the Court should not: A. Order and direct that the Respondent convey the property located at 309 Skyport Drive, Mechanicsburg, Pennsylvania to the Movant; B. Order and direct the Respondent to pay aU legal fees and costs incurred by the Movant in pursuing this matter; and, C. Order such other relief as is just and equitable. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: Robert L. O'Brien, Esquire Attorney for Plaintiff 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rfo.dlrlgenllllltunnl.com '. . VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unswom falsification to authorities. Darla D. Sturms Date: ~. .1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INRE: LEMUEL P. STURMS Debtor NO. 01-00091 CHAPTER 7 ADVERSARY NO. DARLA D. STURMS MOTION FOR RELIEF FROM THE AUTOMATIC STAY Daria D. Sturms, former spouse of the debtor in this case, moves this Honorable Court for relief from the automatic stay of 11 U.S.C. Section 362, for a determination as to whether certain real estate should be conveyed to her due to Debtor's failure to abide by the terms of the agreement, such other relief as is necessary to carry out the provisions of the Bankruptcy Code, and represents in support of these requests the following: FACTUAL BACKGROUND 1. This Court has jurisdiction in this matter under 11 U.S.C. Section 105 and 362 (d) and Bankruptcy Rules 4001 and 9014. 2. Darla D. Sturms is the former spouse of the Debtor. 3. The parties were divorced December 28, 1998. In conjunction with their divorce, they entered into a Marriage Settlement Agreement, dated December 16, 1998. Pursuant to Paragraph 7 of the settlement agreement, the Debtor received the parties real estate located at 309 Skyport Road, Mechanicsburg, Pennsylvania. Pursuant to the agreement, the Debtor was responsible for paying the payments for a first and second mortgage againat the property. These mortgages were in the names of both parties and Ms. Sturms remains liable on these obligations. 4. The Debtor has abandoned the Skyport Road property and has relocated to Reno, Nevada. He has not made the mortgage payments for the months of December and January. A foreclosure of the property will result in a deficiency judgment against Ms. Sturms. 5. Ms. Sturms wishes to preserve her credit and is willing to move into the property and undertake making the payments on the first and second mortgage, provided the property Is deeded into her name alone. She has requested that Debtor do this and he has refused. Ms. Sturms wishes to proceed with a state court action to achieve this. BASIS FOR RELIEF FROM THE AUTOMATIC STAY 1. Ms Sturms Is entitled to relief from the stay with respect to the Debtor and certain collateral located at 309 Skyport Road, Mechanlcsburg, PA, for any or all of the following reasons: a. The Debtor obtained title to the property through the parties Separation Agreement and has abandoned the property. b. The property has no equity and is not an asset of the Debtor's estate. c. Ms. Sturms wishes to pay the mortgage and keep the property which was formerly In her name. .' . . .' . WHEREFORE, Ms. Sturms requests that this Court enter an Order: A. Terminating the automatic stay so as to allow Ms. Sturms ~o proceed with remedies available in the state court to set aside the conveyance. B. Determine whether the real estate is property of the estate. C. Granting such other relief as this Court may deem just and proper. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: Robert L. O'Brien, Esquire Attomey for Plaintiff 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 roblbcy,.tunMIrellel.mot .. . . .. . .. . IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INRE: LEMUEL P. STURMS, Debtor NO. 01-00091 CHAPTER 7 ADVERSARY NO. AND NOW, this _ day of ORDER ,2001, upon consideration of Daria D. Sturms requesl for Relief From The Automatic Stay. IT IS HEREBY ORDERED THAT the automatic stay is hereby terminated as to Daria D. Sturms, and Daria D. Sturms is free to proceed with its remedies outside of the protection of the Bankruptcy Court. BY THE COURT, Robert J. Woodside Chief Bankruptcy Judge. .' . . IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INRE: LEMUEL P. STURMS, Debtor NO. 01-00091 CHAPTER 7 ADVERSARY NO. Certificate Of Coneurrenee/Non-Concurrenee The undersigned hereby certifles that he has contacted Debtor's counsel, Nora Blair, Esquire, and the Debtor's counsel: does/does not concur with the requested relief. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: Robert L. O'Brien, Esquire Attorney for Plaintiff 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 " , t . ; , . ~ DRl1m.. Pacses# 4411000 II DARLA D STURMS , DEfENDANT/PETITIONER. IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL AcnON - LAW .,. LEMUEL P STURMS , PLAINTIFF/RESPONDENT NO 97.6607 CIVIL TERM 't. ORDER OF COllRT AND NOW, this ~ day of January, 1997. based upon the Court's determination that Petitioner's monthly net income is $lJl49 00 rer month and Respondent's monthly net income is $ 2.73000 per month, it is hereby Ordered that the Respondent pay to the Domestic Relations Section, Court of Common Pleas, $ 74800_ a month payable $34422 bi-weM as alimony pendente lite, etlective 12117/97, Arrears set at $.QOO as of 01/28/98, shall be payable at $MA., First payment due on or before, NI fl., and each 1II0nth therealter Thi~..order is based upon PA,R,C.P. 1910 16-~(1l1 ~. ~ .. Failure to make each payment on tillle and in tull will cause all arrears to become subject to immediate collection by all of the lIIeans as provided by 23 Pa CS~ 3703, Further, if the Court finds. alter hearing. thatlhe Respundent has willtully tailed to cumply with this Order, it may declare the Respondent in civil contempt ufCourt and its discretion make an appropriate Order. including, but not limited to, commitment of the Respondent to prison tor a period not to exceed six months. IC I Payments must be made by cash, check or money order, Cash payments must be made in person All checks and muney orders must he made payable to Dumestic Relations Section IInd delivered or mailed to Dumestic Relations Section, 13 North Hanuver Street, P,O, Box 320, Carlisle, Pennsylvania. 17013, Each payment must bear your Dumestic Relations number (pacses# 4411000 II ) in order to be processed, Respondent is respunsible ti.Jr service lees uf 2600 to be paid with;n ~ as determined by the Domestic Relations Section ',;.., ~ .\" . '.' This Order shall become linalten days after Ihe mailing of the notice oflhe entry of the Order to the parties unless either party tiles a wrillen demand with the Prothonotary for a hearing de novo before the Court, Copies delivered 10 parties on _ Consented .J.~.'l~ Plaintiff/Petitioner Plaintill7Petitioner's Allorney Defendant/Respondent Defendant/Respondent's Allorney DRO RJ, Shadday cc: petitioner and respondent cc: Rebecca R, Hughes. Esq, cc: Nora F, Blair. Esq, BY THE COUR':; --?\~ y/ 7 A, Hess, Ma:Jl...d N"u.:<<...&. ~3.qr , "," J, ,.. .. n ~o () C 1;1.) .Il ?'~ ..,., ,;,1 -::':1'" ,.., :'.:n nl;p '7) ,f~~ ~,.I I "~ , 'I W '_J -', ~ :::8 ; - 'to .-~rn ~9 ~~ ". ~j ".',) :il ,oJ -<. DARLA D. STURMS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUN1Y PENNSYLVANIA v. : No. 97~7 CV : PACSF.sCaseNo. 441100011 : DR 27175 LEMUEL P. STURMS. Defendant : CML ACTION - DIVORCE DEMAND FOR HEARING Date of Order: December 17, 1997 Amount: $750.16 per month For the support of: Alimony pendente lite Reasons: Mrs. Sturms has no intention of paying the mortgage on the marital residence and therefore should receive no mortgage contribution. In addition. it is our belief that it is inappropriate to assess a mortgage contribution in addition to the guideline amount of alimony pendente lite. . Dated: r JtAUO( II, 171 ff ) ~ N . Blair Atto ey for Defendant Supreme Court ID 45513 5440 Jonestown Road P.O. Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 " 9 ff ~ g ~ ~ ;lO ~; ;:: .." ~I -00:: ,." 0 9-!" co ~1.1 ~ O-J!.. .;....c I ~j..';; N i ~ ~ ~..' r. ~~ ,c:u -0 ;;;0 :x r~ =0 t' )...c: W ~ Ul ~ - ~ tJ (:' f MAY 05 1998 In the Court of ConmlOn Pleas of CUMBERLAND County, Pennsylvania DOME!iTIC RELATIONS SECTION DARLA D. STURMS ) Ot",k.. N umhc:r 91-6601 CV Plahlliff ) VS. ) PACSES Ca.... Numhc:r U1100011 L8MUBL P. STURMS ) Odi:nwlI ) Olh.r Sial. ID Numhc:r U:. 'J.-,115 CONSENT ORDER AND NOW, to wit, on this 29TH DAY OF APRIL, 1998 IT IS HEREBY ORDERED that the suppon order in this case be 0 Vacated or 0 Suspended or IXI Terminated without prejudice, effective April 29, 1998 re C.O(\ c.: I llen',of" . due to: 0,", trYr,',c..u'l tJ \ , Consemed: 0. hL-..4 AlIomeylWitness ~:--- DRD: R.J. Shadday ~ ee: defendant/plaintiff AlIomeylWitness .v~ Kevin A, Hess, June 19 1998 S.rvic. Typ.: M \j ~ i ~l/: -. f "l 0 ~ ~ ~~rr ~ ~ Q! P ? ~ r ~. r ,;;. ~. ~ . t t' ~ () .0 r,; lXl ~~r. n ~ ~H; ....: -:'l' N e')" UI r-~ : ;-.. ,!'.,.:C, :;--~C) ~C:: ;:-' ~ n .." :;i i.~~~ :s:- :1. ~ ~Jl~ ~ ~r., ~ ~ () :fl I ~ (') \D (') r:- eo -L. 3' ;'" -n -ot-'j 1,_ c-;1 r a... gJ(; r.:: b --",. i'if!] ~ :.!.r" N ? ~,i"; 'J~ Ul ;'j ~ C:i:' . ) "0 2ir:. ~- .;i~r :J: ,.,j ,'J'- 1". r ~ .. ~:.: ? ~fri ~ fJ S! N ;>~ .-1 2i! . . & !;I (l LEMUEL P. STURMS, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 97-6607 CIVIL TERM DARLA D. STURMS, Movant CIVIL ACTION - LAW IN RE: HEARING CONTINUED ORDER OF COURT AND NOW. this 29th day of January, 2001, after conference with counsel for the parties, the hearing scheduled for 12:00 noon today is continued. to be rescheduled at the request of either party. Pending the rescheduled hearing, the Respondent is enjoined from taking any action to eject Movant from the residence at 309 Skyport Road, Mechanicsburg. Pennsylvania, 17050. This temporary injunction shall be effective upon Movant depositing the sum of $1,200.00 cash with the Prothonotary immediately. and an 3dditional $1,200.00 on or before the 15th of each month commencing February 15. 2001. Said amount represents what has been relayed to the Court as the fair rental value of the premises. Nothing contained in this order shall be deemed in any way to affect the ability of the trustee in bankruptcy to exercise any rights or remedies he might have in connection with the property. By the Court, ~ Edward E. Guido. J. Nora S. Blair. Esquire 5440 Jonestown Road Harrisburg, PA 17112 For the Respondent Co P 'I fY\~H l'[.c. L 1/'.)1/0 I ~ Robert L. O'Brien. Esquire 17 West South Street Carlisle, PA 17013 For the Movant :mae Cl - ~ ,.. , .. ~h: :;': ',. z:c :..:l , .~ fh~' (:;1 , ~t; : , ~o ~;c., -.' .( - -, . f\ ..-(""""': r.:~ u ;;'c .., -,.. I":> 'l.- ~ f" ~ " V:i,;1i\VSt-:N)d tl\,qrr" ," "~\ i-","r\'" ro.;J~t; \ ...~ \ ',' ,. ..n - \\ \..J ~u:\ '.U OZ G'j'.\ \0 .:j ~ '- ' ,<..I- :.-\ i LEMUEL P. STURMS, Plaintiff : IN THE COURT OF COMMotl PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 97-6607 CIVIL TERM DARLA D. STURMS, Defendant : CIVIL ACTION - LAW MOTION TO DISSOLVE INJUNCTION 1. Movant is Robert L. O'Brien, Esquire, counsel for the Defendant. i ~ 2. Pursuant to the attached copy of an Agreement, the parties have settled their differences. 3. Movant in accordance with the Agreement requests that the injunction be dissolved and that the matter be deemed withdrawn by the Defendant and that the $2400 bond held by the Prothonotary be delivered to the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER BY:~~ Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 roblcllenlllllunna/dlu.lnj 1'1..,. 08 01 12139p 1'10"" F. B I...,. /7171 541-1429 p.1 Nora F. Blair )Olt Office Box 6216 ~Irrllburg. PA 17112-0216 Attorney It Llw 5440 Joneltown Road NFBLAW@paonhne com (117) ~1-1428 Fax (717) 541-1429 TO: Robert L, O'Brien, Esquire Fax Number' 249.5755755 ~..~-.., 249-6873 12:39:28 PM O'BRIEN BARIC & SHERER VOice Number: Data: 3/8/01 Total No. Pagel: 2 Time Sent RE: Sturms Attachad il the lignature pega from the latest version of the Agresmenl. Lem ha. .igned the Agreement. I assume that you will now proceed to prspare a Stipulation to lift the stay for signing the deed and that you will withdraw the adversary proceeding. If that is no! the case, please let me know, I will prepare the deed unleu you planned to do luch. Please let me know. Your assistance is greatly appreciated. Nora F, Blair ii~t~~1~~~\~0~~~~~a~::dO~n~~I~nf~~~~:80~r:~~~I~:~:~S~~~~er,-f~~I::~~:~'i:~~~~~::~~;;::C:'~ ~ ru are hereby notified that any dissemination. distribution, or copying 01 this communication i. strictly prohibited. [ 'II you haye received this communication In error, please immedialel~ notify us by telephone and rlltum lhe original ,. :mes6age to us III the abov~~~~r~_~S_Yi~_U~S...P_os~a~s~rvice " n. _ _____, i LEMUEL P. STURMS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARLA D. STURMS, Defendant : NO. 97-6607 CIVIL TERM : CIVIL ACTION. LAW AGREEMENT i i i i I ! I I i I / The parties hereto agree to the following: 1) lemuel P. Sturms will convey by quit claim deed all of his right, title and interest in the real estate located at 309 Skyport Road, Mechanlcsburg PA 17055, to Darla D. Sturms. 2) Darla D. Sturms agrees that she will waive any and all claims she preaently has or that may arise in the future against Lemuel P. Sturms by virtue of a Marriage Settlement Agreement that the parties entered Into in connection with the above captioned divorce action, said waiver and release to apply to both the divorce proceeding as well as Mr. Sturm's bankruptcy proceeding and shall Include any claIms for violation of the Marriage Settlement Agreement and any claims for attomey fees.. 3) Daria D. Sturms agrees that she will withdraw the Motion For Temporary Injunction Order and that she acknowledges that the allegations In paragraph 15 of that Motion are to be disregarded as they are overstated and are not relevant to the pleading as it was filed and that she will give Mr. Sturms a written apology. 4) Lemuel P. Sturms authorizes the Court or The Cumberland County Prothonotary to release the bond that was Posted in connection with the InjunctIon Order to DarIa D. Sturms. 5) DarIa D. Sturms agrees that she will tile a Chapter 13 bankruptcy proceeding within 30 days of the receipt of the deed from Mr. Sturms and If she does not do so, that she will reconvey the property to Mr. Sturms. 6) The parties agree that faxed copies of their signatures on this agreement that are received by their Counsel, shall be as effective as a signed orlglllll. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto ~ve hereunto set their hands and seals the day and year tirst above written. /1... 09 01 12'40,. /1... 07 01 05.50,. "... 07 0 I Oil. 47, '3/'11"",; '2::If No... F. 8Ia,.. L..ueJ P. Stur.. Mil,... .'. Ila.,.. 11124"1:) 17171 541-1429 ,..2 77S-8i!B-2b94 1117' 541-1H'9 IllS lAW CJ'F I <E ".4 ,.,3 PA:;f ~J IN loVTNIaa \"HEREOF. ......", ta be '-gaily bound hIIIbv. IIle p.,. heI8IO lit" '*-unto Ntllllr IlIIIdt and .....llle diIV IIld year "'-I -... wrIIltn. --> WTNUa: -.... J, . .t. t(. 1 Dtrte O. StlMIIlI , I I )l-~) (SEAL) "AT! QI COUIIfJy Of' . : II. AND NOW, Ilia day 01 .2001. before me.1he ~IIIgNd CIflIIlIr. """-tMtflJlll8Mld Lemu.I p, SIwnle.1lnown 10 IINI Cor MCltfllclorily proven) ID be IIle IIerIOIl ""'- ".". " IUIlIctIIed to tile WIIh11 inIInnenI, IrId 0CIr1lClWllldQ.d IIMrl he -IQ~'" .... for .,.. ~ ......In ~. If WlTNm WHEREoF, I "-unto Nt my hind .nd o1IIela/ seal NoI8IyPublic CC''lIl:f~LTH OF ""'~I..... COUN1v OF "-"<1l~_~ : sa. AND NOW, IIlII ~ 01 .2001, before me, IhIt Lf1dlItI/gned o1Iaar. ~..., ..., Dedw O. Stunn., known to IIl8 (llI....factotlIy ~) ID be IIle I*'fOn whaM '*Ylll ;. .. 'bI ri>.d II> lie WIh.. ineIrurnant. and IICIlP1OWlW"..l 1hC"'~ ..,.. (or 1IW II\MJIllI8IIherein CMlai111d. INwn..... WH~, I flttWul1lOMl my hIncl ~oIlII:IlIl...,. --~ ~,,-~... HoIItry PubIIo