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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF
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MARY E. STONEBRAKER
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Plaintiff
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VERSUS
STEVEN M. STONEBRAKER
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Defendant
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AND NOW,
June 2. {
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PENNA.
No. 2001-784 Civil Term
DECREE IN
DIVORCE
, 2001 , IT IS ORDERED AND
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DECREED THAT
MARY E. STONEBRAKER
, PLAINTIFF,
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AND
STEVEN M. STONEBRAKER
, DEFENDANT,
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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;
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The Agreement dated May 22, 2001 and filed in this action
shall be incorporated herein.
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MARY E. STONEBRAKER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
STEVEN M. STONEBRAKER,
Defendant
.
.
: NO. 2001- 76''1 CIVIL TERM
: CIVIL ACTION- LAW
: IN 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 for any
other claim or relief requested in these papers by the plaintiff. You may lose money or property
or other rights important to you including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, One South Hanover Street, Carlisle,
Pennsylvania, 17013.
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 NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LmERTY AVENUE
CARLISLE PA 17013
(717) 249 - 3166
Sk~j{)j~
SaUy J. inder, EsqUIre
Attorney for Plaintiff, Mary E. Stonebraker
701 East King Street
Shippensburg PA 17257
(717) 532 - 9476
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MARY E. STONEBRAKER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
STEVEN M. STONEBRAKER,
Defendant
: NO. 2001- 1 f''f CIVIL TERM
: CIVIL ACTION- LAW
: IN DIVORCE
COMPLAINT IN DIVORCE
,
COUNT I - DIVORCE
COMES NOW, the Plaintiff, MARY E. STONEBRAKER, by and through his/her
counsel, Sally J. Winder, Esquire, and represents as follows:
1. Plaintiff is MARY E. STONEBRAKER, who currently resides at, and whose mailing
address is, P.O. Box 375,26 Mount Rock Road, Newville, Cumberland County, Pennsylvania,
17241 since November 7, 1996.
2. Defendant is STEVEN M. STONEBRAKER, who currently resides at, and whose
mailing address is, P.O.Box 305,26 Mount Rock Road, Newville, Cumberland County,
Pennsylvania, 17241 since November 7, 1996.
3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of
Pennsylvania for at least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on December 4, 1976 at Carlisle,
Cumberland County, Pennsylvania..
5. There have been no prior actions of divorce or for annulment between the parties.
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6. The marriage is irretrievably broken.
7. Additionally, Plaintiff alleges as grounds for divorce that Defendant has offered to the
person of the Plaintiff, she being the injured and innocent spouse, such indignities as to render
her condition intolerable and her life burdensome.
8. Plaintiff avers that she has been advised of the availability of counseling sessions for
both parties upon request of either party or by order of court, and that a list of qualified
professionals who provide such counseling service is available at the Domestic Relations Office
upon request. By the filing of this Complaint, the Plaintiff acknowledges having been advised by
hislher attorney of record of the availability of counseling sessions and of a list of qualified
professionals. Plaintiff further avers that he/she has been advised that the choice of a qualified
professional shall be at the option of the Plaintiff and Defendant and need not be selected from the
list available upon request and, further, that arrangements for and the payment of the serVices of
the qualified professional shall be the responsibility of the parties and will not be included in the
docket costs of this proceeding.
9. Plaintiff requests the Court to enter a decree of divorce.
COUNT n
CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE
DIVORCE CODE
10. Plaintiff and defendant are joint owners as tenants by the entireties of real estate at 26
Mount Rock Road, Newville,. Cumberland County, Pennsylvania, which is subject to equitable
,
distribution by this Court.
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11. Defendant is deed title owner of real estate at 8 Carlisle Road, Newville, Cumberland
County, Pennsylvania, which together with the business located at that address is subject to
equitable distribution as a marital asset.
13. Defendant is deed title owner of real estate in Bradford Township, Clearfield County,
Pennsylvania, which was acquired during the marriage and is subject to equitable distribution
as a marital asset.
14 Plaintiff and defendant are the owners of various items of personal property, furniture
and household furnishings acquired during their marriage which are subject to equitable
distribution by this Court.
15. Plaintiff and defendant are the owners of various motor vehicles acquired during their
marriage which are subject to equitable distribution by this Court.
WHEREFORE, Plaintiff requests the Court to enter a decree dissolving the marriage
between plaintiff and defendant and equitablydistributing property owned by the parties hereto,
and for such other relief as the Court may determine equitable and just.
COUNT m
CLAIM FOR ALIMONY PENDENTE LITE, ALIMONY, COUNSEL FEES, EXPENSES
AND COSTS
16. Plaintiff, MARY E. STONEBRAKER, by reason of defendant's conduct has
become separated from her husband and files the within action in divorce.
17. Plaintiff by reason of defendant's conduct has been put and will be put to considerable
expense in the employment of counsel, and the payment of expenses and costs as a result of this
action.
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18. MARY E. STONEBRAKER is employed at present but is without sufficient funds to
meet the costs and expenses of this litigation, including filing fees and the required deposit for
appointment of a Master and counsel fees for representation in connection with (plaintiff s right to
possession and continued possession of the real estate), equitable distribution, counsel fees,
expenses, costs, alimony and alimony pendente lite.
19. Plaintiff, MARY E. STONEBRAKER, is without sufficient income to support
herself or pay household expenses for her separate maintenance.
20. Plaintiff, MARY E. STONEBRAKER, has incurred and will incur extraordinary
expenses at the instigation of defendant. Plaintiff, MARY E. STONEBRAKER, has now been
required to retain counsel in order to assert her rights pursuant to the Divorce Code.
21. Defendant, STEVEN M. STONEBRAKER, is presently employed at Wheeler's
Drywall in Newville, Pennsylvania, and is owner of Zeigler's Gulf, in Newville, Pennsylvania.
Defendant has sufficient income and assets to assist in the support and maintenance of plaintiff as
well as pay legal fees and costs.
WHEREFORE, plaintiff MARY E. STONEBRAKER, prays your Honorable Court to enter an
order requiring defendant to pay her attorney fees, costs and expenses in connection with her
claims set forth herein.
Date:
Sally J. inder, Esquire
Attorney for Plaintiff, Mary E. Stonebraker
701 East King Street
Shippensburg PA 17257
(717) 532 - 9476
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VERIFICATION
I veritY that the statements made in this complaint are true and correct to the best of my
personal knowledge and belief I understand that false statements herein are made subject to the
penalties of 18 Pa. e.s. Section 4904, relating to unsworn falsification to authorities.
Date: I - 31 - D 1_
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MARY E. STONEBRAKER,
Plaintiffi'Respondent
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
: NO. 2001-784
STEVEN M. STONEBRAKER,
DefendantlPetitioner
IN DNORCE
ORDER
AND NOW, this L{ fit day of lAA V ( L.
, 2001, the Defendant having
requested counseling pursuant to Section 3302 of the Divorce Code, it is ORDERED AND
DIRECTED that both the Plaintiff and Defendant participate in three (3) counseling sessions before
a qualified professional who shall report to the Court whether or not the parties did appear for the
sessions. r 1-+
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All fees and costs occasioned by the sessions shall be paid 'Iy by the p", tiv',
It is further directed that all proceedings in this action are stayed until the parties have
attended at least three (3) counseling sessions and llI6fl8l"1: is Ic:ev; vvd by die Cuwl f,om1:l1e <tUllHued
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BY THE COURT:
J.
Sally J. Winder, Attorney for
Plaintiffi'Respondent
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Richard L. Webber, Jr., Attorney
for DefendantlPetitioner
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MARY E. STONEBRAKER,
PlaintiffiRespondent
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 2001-784
STEVEN M. STONEBRAKER,
DefendantlPetitioner
IN DIVORCE
RULE TO SHOW CAUSE
AND NOW, this
day of
, 2001, upon the foregoing
Petition Requesting Marital Counseling, a rule is issued against the Plaintiff/Respondent to show
cause, if any, why the within divorce proceedings should not be continued and three (3) counseling
sessions ordered before a qualified professionaL
RULE RETURNABLE,
days from service hereof.
BY THE COURT:
J.
Richard L. Webber, Jr., Attorney for
DefendantlPetitioner
Sally J. Winder, Attorney for
PlaintiffiRespondent
F:\User Folder\Finn Docs\Gendocs2001\2046-lcounseling.wpd
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MARY E. STONEBRAKER,
Plaintif1JRespondent
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CNIL ACTION - LAW
: NO. 2001-784
STEVEN M. STONEBRAKER,
Defendant/Petitioner
: IN DNORCE
PETITION REOUESTING MARITAL COUNSELING
AND NOW COMES, the Defendant/Petitioner, Steven M. Stonebraker, by his attorney,
Richard L. Webber, Jr., and petitions your Honorable Court to require counseling pursuant to 23
P.C.A. 93302, averring the following:
I. Defendant/Petitioner is Steven M. Stonebraker, an adult individual residing at Richland
Road, Carlisle, Cumberland County, Pennsylvania, 17013.
2. Plaintif1JRespondent is Mary E. Stonebraker, an adult individual residing at 26 Mount
Rock Road, Newville, Cumberland County, Pennsylvania, 17241.
3. The parties separated on or about January 30,2001.
4. On or about February 8, 200 I, Plaintif1JRespondent filed a Complaint in Divorce alleging
(a) that the marriage is irretrievably broken; and (b) that Defendant/Respondent offered such
indignities to Plaintif1JRespondent so as to render his condition intolerable and his life burdensome.
5. Defendant/Petitioner was served with the Complaint on February 16, 2001.
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6. DefendantlPetitioner believes the marriage is not irretrievably broken.
7. DefendantlPetitioner has not offered such indignities to Plaintiff /Respondent as to render
her condition intolerable and her life burdensome.
8. The parties have two (2) children, Adam 1. Stonebraker, Age 12, and Aaron M.
Stonebraker, Age 10.
9. DefendantlPetitioner desires marital counseling ill the hopes of effectuating a
reconciliation.
10. DefendantlPetitioner desires an Order in the form set forth in Exhibit A attached hereto
and incorporated by reference herein.
WHEREFORE, DefendantlPetitionerrequest this Honorable Court enter an Orderrequiring
marital counseling as more fully set forth in the Order attached hereto and labeled as Exhibit A.
Respectfully submitted,
Dated:
)/)f/t?/
LAW OFFICE OF MICHAEL J. HANFT
By: ?--::J /L- <-, <.j L A
Richard 1. Webber, Jr.
Attorney for DefendantlPetitioner
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
Telephone: (717) 249-5373
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I verifY that the statements made in this Petition are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. g4904, relating to unsworn
falsification to authorities.
Date: 2. -,..eJ- ()(
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Steven M. Stonebraker
DefendantJPetitioner
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MARY E. STONEBRAKER,
PlaintiffiRespondent
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CNIL ACTION - LAW
: NO. 2001-784
STEVEN M. STONEBRAKER,
Defendant/Petitioner:. '.
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IN DNORCE
ORDER
AND NOW, this
day of
,2001, the Defendant having
requested counseling pursuant to Section 3302 of the Divorce Code, it is ORDERED AND
DIRECTED that both the Plaintiff and Defendant participate in three (3) counseling sessions before
a qualified professional who shall report to the Court whether or not the parties did appear for the
sessions.
All fees and costs occasioned by the sessions shall be paid equally by the parties.
It is further directed that all proceedings in this action are stayed until the parties have
attended at least three (3) counseling sessions and a report is received by the Court from the qualified
professional.
BY THE COURT:
J.
Richard L. Webber, Jr., Attorney
for Defendant/Petitioner
Sally J. Winder, Attorney for
PlaintifflRespondent
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MARY E. STONEBRAKER,
Plaintiff'Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO. 2001-784 CIVIL TERM
STEVEN M. STONEBRAKER,
DefendantJPetitioner
: IN DIVORCE
PRAECIPE TO WITHDRAW
PETITION REOUESTING MARITAL COUNSELING
TO PROTHONOTARY:
Please withdraw DefendantJPetitioner's Petition Requesting Marital Counseling.
LAW OFFICE OF MICHAEL J. HANFT
Date: March 26,2001
By: rJ -L -'1/.dL. 4
Richard L. Webber, Jr., Esquire
Attorney ill No. 49634
Attorney for DefendantJPetitioner
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
F:\User FolderlFirm DocsIGendoc,2001\2046-lpraecipe.lwpd.wpd
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.. cornpleie items 1,2, and 3.Nso complete.
. item 4 If Restrioted Delivery is desired.
! . Print your name and address on the rev~rse
so that we can return-the card to you.
. Attach this card to the back of the mallplece,
or on the front if space permits.
1. Article Addressed to:
o Agent
r.osee
0, Is delivel'j address different from item 11 ~ Yes
If YES, enter delivery address below: 'r1'o
Sitvt?-v\ (h. 'S'-hMeb~
p. D, eDj, 30S-
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3. Service Type
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,4, Restricted Delivery? (Extra Fee)
Jl!rYes
. Article 'Number (Copy from service (she/)
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PS Foro! 3,l!11, ~~IV 1191 i>i>1n~lc Return Receipt
102.595-QO-M-0952.
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HEMVIllE PA 17241
Postage $ $ . 5
Certified Fee $1.90
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Total Postage & Fees
$ $7.15
02/1U2001
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MARY E. STONEBRAKER
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
,
: PENNSYL VANIA
Plaintiff
vs
: CIVIL ACTION - LAW
STEVEN M. STONEBRAKER
: NUMBER 2001-784 CIVIL TERM
: IN DNORCE
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Defendant
AFFIDAVIT OF SERVICE
I, SaUy J. Winder, being first duly sworn according to law do depose and say that I
seIVed a Complaint in Divorce and Notice to Defend and Claim Rights in the above action to the
Defendant, Steven M. Stonebraker at P.O, Box 305 Newville, Pennsylvania by certified mail,
restricted delivery, return receipt requested, on February 13, 2001, at the Newville Post Office,
Newville, Pemlsylvania, which Complaint in Divorce was received by the Defendant as evidenced
by his signature on the attached receipt.
I verifY'that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to
unsworn falsification to authorities.
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MARY E. STONEBRAKER
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
vs
: CIVIL ACTION - LAW
STEVEN M. STONEBRAKER
: NUMBER 2001-784 CIVIL TERM
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
FEBRUARY 8, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
I verifY that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to
unsworn falsification to authorities.
Date: r;-- ;;15-0 (
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MARY E. STONEBRAKER
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
vs
: CIVIL ACTION - LAW
STEVEN M. STONEBRAKER
: NUMBER 2001-784 CIVIL TERM
Defendant
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees, or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary.
I verifY that the statements made in this affidavit are true and correct I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to
unsworn falsification to authorities.
Date: ."}- ~ 5"-0 J
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MA Y E TONEBRAKER .
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.PlainlitT
: TN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
vs
; CIVIL ACTION - LAW
STEVL-:N M. STONEBRAKER
: NUMBER 2001-784 CIVIL TERM
Defendant
: IN DIVORCE
AFFIDAVIT O/<' CONSEN'r
I. A complaint in divorce under Se(,'tion 3301(c) ofthe Divorce Code was filed on
FEBRUARY 8,2001,
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed ITom the date of filing the Complaint.
3. I consent to the entry ofa final decree of divorce after service of notice of intention to
request entry of the decree.
1 verily that the statements made in this affidavit are true and correct. 1 understand that
false statements herein are made subject to the penalties of 18 Pa. C,S. section 4904 relating to
unsworn falsitlcation to authorities.
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STEVEN M. STONEBRAKER
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MARY E. STONEBRAKER
; IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff
vs
; CML ACTION - LAW
STEVEN M. STONEJlRAKER
: NUMBER 2001-784 CIVIL TERM
Detendant
; IN DIVORC~
WAIVER OF Nonc...: OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECRE!!: UNDER Section 3301(c) OF THE DIVORCE COD!!:
I, I coniKlnt to Ihe entry of a final decree of divorce without notice.
2. I understand that 1 may lose rights concerning alimony, division of property, lawyer's
fees, or expenses if( do not claim them before a divorce is granted,
3, 1 understand Ihatl wiU not be divorced until a divorce decree is entered by the Court
and Ihal a copy of tile decree will be sent to me immediately aileI' il is med with the prothonotary.
I verify that the statements made in this affidavit arc true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa, e.s. seclion 4904 relating to
unsworn falsification to authorities,
Date: s:..- 2.-2... ~(
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STEVEN M. STONEBRAKER
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THIS AGREEMENT
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MAI)E AND ENTERED INTO this ~ day of May, 2001, by and between
STEVEN M. STONEBRAKER, of Newville, Cumberland County. Pennsylvania,
hereinafter called "llusbaml", and MARY E. STONEBRAKER, of 26 Mount Rock
Road, Newville, Cumberland County, Pennsylvania, hereinafter called "Wife",
WHEREAS, Husband and Wife were lawlhlly joined in marriage on December
4, 1976; and,
WHEREAS, Husband and Wire commenced living separate and apalt on or
about January 25, 2001, because the marital relationship became irretrievably broken; and,
WHJ1:REAS, the parties hereto desire to enter into a Stipulation and Agreement
for equitable distribution of the marital property owned either jointly as tenants by the
entireties or individually in their own eight but including all property which would fall
within the delinition of marital property pursuant to the Divorce Code. Section 401 ( e).
NOW. THEREFORE. WITNESSETH, that for and in consideration of the
premises, mutual covenants and promises hereinafter made, and intending to be legally
bound hereby, Husband and Wire do hereby contract and agree as follows;
I. REPRF.SENTATWN..BY..COONSEL Husband and Wire declare that each
has had a full and fair opportunity to obtain independent legal advice of his or her
selection; that Husband has been independently represented by counsel, Richard L.
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Webber, Jr., Esquire, and the Wire, aware of her right to legal representation. has likewise
been represented by counsel, Sally J. Winder, Esquire.
2. SEPARATION' Husband and Wire may and shall at all times hereafter, live
separate and apart. Each shall be free Ji'om all control, restraint, interJerence or authority,
direct or indirect, by the olher in all respects as ifhe or she were unmarried. Each may
reside at such place or places as he or she may select. Each may for his or her separale
use or benefit conduct, carry on and engage in any business, occupation, profession, or
employment which to him or hcr may seem advisable, This provision shall not be takcn,
however, to be an admission on the part of either Husband or Wire of the lawfulness of
the causes whicb led to or resulted in the continuation of their living apart. Husbaud and
Wife shall not molest, harass, disturb, OJ' malign each other or the respective families of
each other or compel or atlemptlo compel the other lo cohabit or dwell by any mealls or
in any mamler whatsoever with him aI' her.
3. MllIU.AL I!:STATI': WAIVF,~: Husband and Wire each do hereby
mutually remise, release, quitclaim and forever discharge the other of the estate of each
other, for all lime to come, and for all purposes whatsoever, of and from any and all rights.
titles and interest, or claims in or against the property (including income and gain from
property hereafier accruing) of the olher or against the estate of such olher, of whatever
nature and wheresoever situate, which he or she now has or at any time hereafter may
have against such other, the eslate of such other or any part thereof, whethcr arising out
of ally former acts, contracls, engagements or liabilities of such other or by way of dower
or curtesy or widow's or widower's rights, family exemption or similar allowance. or under
the ill\eSlale 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 olber rights of a surviving spouse
to participate in a deceased spouse's estate, whether arising under the laws of (a)
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Pennsylvania, (b) any state, commonwealth or territory in the United States, or (c) any
other country, or any rights which Wife may have or at any time hereaIler have or have
for past, present or future support or maintenance, alimony, alimony pendente lite. counsel
Ices, eOSlS ur expenses, whether arising as a resull of the marital relation or utherwise,
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
illlention of Husband and Wife to give to each other by the execution of the Agreement,
II 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 conditions precedent as set forth
herein above. Each of the parties hereto further waive any right of election contained in
Chapter 22 of the Pennsylvania Probate, Estates, and Fiduciaries Code.
4. 1'lt,RSONAI, PROl'ERlY:. Husband and Wife do hereby acknowledge that
they have prior to the execution of this Agreement, divided the marital personal property,
including, but without limitation, jewelry, clothes, furniture and olher personalty and
hereafter Wire agrees that all of the property in possession of Husbaud shall be the sole
and separate property ofHusbnnd; and, Husband agrees that all propel1y in the
possession of Wire shall be the sole and separate property of Wife, Each of the parties
does hereby specifically waive, release, renounce and forever abandon whatever claims, if
any, he or she may have with respect to any of the above items which are the sole and
separate property of the other.
5. YEBlC.LES. tlllsband and Wife arc the owners of various vehicles which
they have agreed will be divided in a lair and equitable lllalmer such that WIFE shall be
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the sole equitable and title owner of the 1992 Chysler LeBaron. HUSBAND shall be the
sole equitable and title owner of the 1970 Chevrolet pick-up truck, the 1974 International
Scout and plow, and the 1984 GMC pick up truck. Hllsband and Wife do agree that
they shall execute all documents, if any, necessllJ}' to transfer title and registration to the
various vehicles to accomplish the separate ownership as set forth in this paragraph.
6. REAL. ESTATE. llllsbnnd and Wire are deed title owners of the real estate
Ilnd improvements thereon known and numbered as 26 Mount Rock Road, Newville,
Cumberland County, Pennsylvania which is encumbered by a mortgage to Faoners
National Hank of Newville having an approximate balance of Sixty-seven thousand
($67.000.00) Dollars. It is the agreement of the partics thatlhe real estate shall be
transterred to the sole ownership ot'Wife and that Wife shall save and hold harmless
Husband from and on account of any balance on account of said mortgage and any costs
llssociated therewith. At the time of transfer, Wife shall refinance the mortgage secured
by said real estate so as to relieve Husband ITom any and all obligations with respect to the
current joint mortgage obligation, In consideration of said refinance, Husband shall
transfer aU of his right tille and interest in and to said property and shall receive no
payment trom Wife on account ofany equitable interest of Husband.
Husband and Wife acknowledge that Husband is the deed title owner of real estate
in Dradtord Township, ClearlieJd COllllty, Pennsylvania, cocsisting of .43 acres more or
less. Wife does hereby quitclaim, discharge and forever abandon any and all claims to said
real estate which she may have by virtue oflaws of the Commonwealth of Pennsylvania
and the Divorce Code, Wife shall execute a Quitclaim Dced simultaneously with
Husband's transfer of the 26 Mount Rock Road property to Wife.
7. SALE OF RlTSIN.ES&...Husband and Wile acknowledge that Husband is the
owner or a business, Zeigler's Gu1t: located at 8 Carlilse Road, Newville, Pennsylvania,
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and the real estate localed at that address. Wife agrees that she shall release, quitclaim and
forever discharge Husband from and on account of any claim to any business assels or the
real estate she may have in equity or pursuant to the Divorce Code or at common law as
the case may be. In consideration of Wife releasing, dischargi ng or otherwise foregoing all
claims and interest aforesaid, Husband agrees that he shalllransfer the business assets lInd
real estate to Jeff Zeigler in return for Jeft'Zeigler assuming all liabilities orthe business
and encumbrances on the real estate including the mortgage to Faollers National Bank of
Newville, the Gulf Oil Company contract, and the Notc due LYIID Zeigler. In addition.
Husband shall save and hold harmless Wife from and on account ohny and all accounts
due and payable for the business a.nd shall save and hold harmless and indemnifY Wife
from any liability on account of sale of the business including IIny and all tax liability
arising out of sale of the business, It is the representation of Husband that he is receiving
no monies or consideration lor sale of the business and business real esta.te other than the
assumption of. or relief from, debt; Wife enters into this agreement in reliance upon tllis
representation. Husband acknowledges that he may lease the second floor apartment
above the station allilir market value, and Wife consents to allY such lease.
8. CHILD SUPPORT. Husband and Wife agree that Husband owes a duty of
child support for the two minor children of the marriage, Adam L. Stonebraker and Aaron
M. Stonebraker. Therefore, Husband shall pay to Wile the sum 01'$150.00 per week as
child support. Husband and Wife agree that this sum is reasonable and fair and further that
such agreement shall not be modified by the Domestic Relations Oflice in Cumberland or
any other Coullly by order which would require Husband to pay any amount less than
$1 50.00 per week at allY time prior to the eighteenth birthday of the oldest c1lild. Husband
acknowledges that Wife shall exercise primary residential custody of the minor children,
subject to reasonable lights of visitation in Husband and that the above stated child
support is premised UpOIl Wife exercising this primary residential custody.
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P.09
9. INCOME TAX REFUND. Hushand and Wife agree that they shall file a joint
income tax return for the year 2000, as it has been prepared by Cohick & Associates. This
return shows a refund of$5,412.00 which shall be divided between the parties $2,500.00
to Husband and $2,912.00 to Wife, The State income lax refund of $392.00 shall be
divided equally by the parties.
10, CREDIT CARD. 1I115bolld and Wife acknowledge that Ihey are the joint
holders of a Discover credit card account having a current balance of$I,I17.24. Husband
agrees thaI he has paid one-half of that balance, or $558,62, and that Wife has paid tile
balence of the account thus satisfYing any marital obligation with respect to this account.
11, FlREARMS and RACING MEMORABILIA. Husband is the owner of
val1OO5 guns which are currently located at 26 Mount Rock Road, Newville, PCIUlsylvania,
and racing memorabilia also located at 26 Mount Rock Road, Newville, Pennsylvania.
These items shall be considered 10 be the sole and separate properly ofllusband and Wife
waives any and all claims she may have for equitable distribution of these items,
12. Husbaud and Wife do hereby covenant and warrant that this Agreement
contains all of the representations, promises I1nd agreements made by cither of them to Ihe
other for the purposes set forth in the preamble; that there arc no claims, promises or
representations Ilot herein cOlllained, either oral or written, which shall or lUay be charged
or entorced or enforceable unless reduced to writing and signed by both of the parties; and
the waiver of any term, condition, clause or provision oftllis Agreement shall in no way be
deemed to be considered a waiver of any other terms, conditions, clauses or provisions of
Ihis Agreement.
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13. This Agreement shall remain in full force and effect unless and untiltenninated
under and pursuant to the Lerms of this Al,'Tccment. Too 111i1ure of either parLy to insist
upon strict performance of any of the provisions of this Agreement shall not be construed
as a waiver of any subsequent default of the Same or similar nature,
14. If allY tcrm, condition, clause or provision of this Agreement shall be
determined or declared to be void or invalid or otherwise, then only thaLterm, condition,
clause or provision shall be valid and continue in full torce, effect and operation.
Ukewise, the failure of any party to meet her or his obligations under any OIlC or more of
the paragraphs, with the exception of the satisfaction of the conditions precedent, shall in
no way avoid or alter the remaining obligations of the parties.
15. This Agreement shall be construed in accordance with thc laws afthe
Commonwealth of Pennsylvania.
Hi. If either party breaches any provision of this Agreemelll, the other party shall
have the right, at his or her election, to sue in law or in equity, to enforce such rights and
remedies which the party may have, and the party breaching this Agreement shall be
responsible tor the reasonable legal fees and costs incurred by the other in entorcing his or
her rights under this Agreement.
17. WAlVER 0(<' RF:TIRF.MF:NT CLA.IM~ Husband and Wire acknowledge
that Wire is employed at Big Spring School District, Newville, Pennsylvania, where she
has accumulated certain retirement benellts. Each of the parties does specifically waive,
release, renounce, and forever abandon all of their right, title, and interest or claim,
whatever it may be, in any pension, retirement, profit sharing plan or other plan of such a
nalure of the other party, whether acquired through said other party's employment 01'
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otherwise, and hereafter said pension, retirement, profit sharing plan or other plan of such
a nature shall become the sole and separate property of the party in whose name or
through whuse employment said plan is carried. Therefore, Husband acknowledges that
he has waived any and all claims to retirement lunds accumulated by Wire through her
employment at Big Spring School District. Wire likewise waives any rights to any
accounts held by Husband, althuugh Wife is not aware of any such accounts held by
Husband.
18. Husband and Wife shall mutually cooperate with each other in order to carry
through the tenns of this Agreement, including but not limited to, the signing of any
documents that may be reasonably necessary to give full force and effcct to the provisions
of this Agreement.
This Agreement shall, e:tcept as otherwise provided herein, be binding upon and
inure to the benefit of the parties hereto, their respective heirs, executors, administrators,
Successors or assigns,
TN WITNESS WIlEREOF, the parties hereto have set their hands and seals the
day and year !irst above written, This Agreement is executed in duplicate and in
counterparts, and Uusband and Wife, as parties hereto, acknowledge the receipt of a duly
executed copy hereof
Witness:
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STEVEN M. STONEBRAKER
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RY ~ STONEBRAKER
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MARY E. STONEBRAKER
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
vs
: CIVIL ACTION - LAW
STEVEN M. STONEBRAKER
: NUMBER 2001-784 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 S3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint: U. S. Mail, Certified, Return Receipt
Requested, restricted delivery addressee only mailed on February 13,2001, and received by
Defendant as shown by his signature on the receipt card filed with the affidavit of service in this
matter..
3. Date of execution of the affidavit of consent required by S3301(c) of the Divorce Code:
by Plaintiff OS/25/0 1; by Defendant OS/22/01.
4. Related claims pending: ~.
5. Date Plaintiff's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary:
06/t1iIO 1.
Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the
Prothonotary: 06//!IiO 1.
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701 East King Street, Shippensburg PA 17257
(717) 532 - 9476
Attorney for Plaintiff
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