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HomeMy WebLinkAbout99-02450 :~::;,;" ,..... .., '~~i ",. " l ~ "'~ J IN THE COURT OF COMMON PLEAS ','/, :,' OFCUMBERLANDCOUNTY STATE OF Michael Stamey, Plaintiff VERSUS Linda Stamey, Defendant AND NOW, PEN NA. '.,'.' NO. 2450 Civil 99 ,( '/ . . . DECREE IN DIVORCE . . . . ~~ 7 cA lI:o~A.P.. ~ , IT IS ORDERED AND . DECREED THAT Michael stamey , PLAI NTI FF, AND Linda 1';tam..y , 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; . . Ilone . . . . . J. PPo,~' . ,,"i4'Jf~~\;f"F '.~;fl'oii'rH:Plrr I!TR EE T .Y~~'C:~R,LI'L'~/\ PA':'-',701 S ~i,:::., ~.i,r.,:~?J(7'17)'i'2~"~'8150'e', ',' .. ',t~flt>:r;'i;:'!';'~"'::: :",,'(..;.. , ":, ~...~.~ JANE ADAMS ,. ATl'ORNEYAT LAW , Plaintiff .'. ;::. ;,.:' :.,,~(,;-t~\;;:~t',:,;:,;,;':~'~'1;'~~:~}0:1;/f~~~\:~:Fij~;,:;.\;~;~~::~'M~~~~j~!f~!{~~~~r~l , ',-'"" :-,. "" ,.' ," .....- 1.,1\..,( ... ,'-, '=, .r,"'~ "'.'."I~I...'t '/, ,,~,"k.",\f^t~~ . , . ":"~:2":'. ".~. :.;:D:0,'~[:!:...),f[i..iif~~,!r..~~~~~ . . -'..'......."..'.. """.""'.. ,,"\!"':.'.Irl!f.~. '.' ;',i',,\:{'<':;:~ ~~~r;>>~~.~~',~~~:r~'~> (;,1 . '.... "','<:' I.OAD"NI'AOL~COMlr~l/ t~ . . . FAX,' irlri.,"'4ri:aB38.' ,~ ' , :"" -.. ::'i';"~:It,,'3f"Jj~""(~'.&~ " ,,':.,1':/":~;,'::'::11~:~~1~~ CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2450 Civil Term 1999 LINDA STAMEY, Defendant ACTION 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 ~3301(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered bv certified mail. restricted deliverv. return receiot reauested. delivered on: 5"- L{ - Cfq I 3. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce Code: By Plaintiff: / - a-c, - () ~ By Defendant: I - I g - D d...... 4. Related claims pending: None, 5. Date Defendant's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: 7 - I g- - () ~ Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: ;- J I - 6 a-.... Date:'l) -b -O~ Ja e Adarns, Esquire I . No. 79465 6 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff :;:::~,t:~ . ;,," .;i:,S.:;'".>" ;i)I~~;'; 't Jjl!l'.;."_,,,,;I!-,"i' iJ- ~ u,:,9 L.J'" 0:(' ., (.~ '.. 'r't- I;~';:' ' >- Q2 I--" !.JJ(: ~;~ ~';' (1')(' C t!l" [':.: ~: i-, u. o N t.r. ~ ~~ C,Z -~ ")1.72 ';j" ()) .JZ "'-Z .:~HD :,t::!C'- :3 u :.C t\_ 'f? I ~ ;4 ('~~ r:::-;- ""J N ~ ",. ~ ~,,;:;i/:~~ ." '~i;~'~'~: \ ~ .:~~I~ ,.!:' ',~tf"n , : ':.,t ';,,1 ~~ ~~~ ','" "...~,..-,'t,t.'9'oJ. ,,' ,::~,.:.,~,-- ",:,:i'.'>:~!:~i\;i1~; . 10. The Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verifY that the statements rnade in this Complaint are true and correct. I understand that false staternents herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Respectfully submitted, Date: cf/2-{QQ J e Adams, Esquire . No. 79465 17 South Hanover St. Carlisle, Pa, 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ". .......,:"'i:,'...:,.c"5;!!'f':,i;c;{;.~~!lt:\;r{~1 .'; " .' , "..<':/;:,'~'~',\:~~i~;\;.:l~,: ~~"1.,AD"'M~lJ.o~~.~~r;~;..>1~~ . ESQADAM5.I",C?L:;~~~X~~>;t\~: F~.:. (7' 7)'2411"!l538!"<ilYc ': '~',. ~_;' /~~i-;' >:/:~~;,;;~~~ - JANE ADAMS A1TORNEYAT LAW . . t,~ V5. No. 99-2450 Civil Term LINDA STAMEY, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1, A complaint in divorce under section 3301{c) of the Divorce Code was filed on April 23, 1999. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of 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 also understand that false statements herein are made subject to the penalties of 18 Pa,C.S, 4904, relating to unsworn falsification to authorities, Date: 7 _ ;)-9 - Od-- WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301/01 OF THE DIVORCE CODE 1, I consent to 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 I 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, !l4904 relating to unsworn falsification to authorities. Date: ;_ ;)-_q - 0;).... ~ Lfl ~ ~.. c:: I- N :;J~ IL,~2 {-) =,. :J~ ~~) ~ ::..J~ L __ "'- C)~ c~t. - ~'''?(n ;;";' M :)z ,'~ , -' trim => ~fJ a... ..., ,..,.:: " N a CJ 0 - - . ,,-. .. ~ ..,.- .- ,- r~-:;, ( ~.... \.:::; j:':- /- c~ C',~ .~) .:."1.: ., .~) 0.,- ': .-"1 .r.., , ~': C : !~ :::. ~ (::l (" W" .~2; > " ..or_ .JID -~ ~:J('- ., t N :5 c5 C> U ~ en '>-- (,.. c': t:.: i:~ ~ :) ~: ,', lJ.l:'.-.. 'J <.) ;.; .I u.:: e:l.. 'J :L' Cl. , :'::J (";.~.~ .c-' r(~ 61.... '" I ) I.U;--. ~b =-.:.!II' ;;: to ~,-,. !;i :.L. i-:: ',- - ::3 5 C1'> C1'> U fIl~l:l ~:Stl!: ~~~~ ~i;~ ....~clS; <....u - .~ MICHAEL STAMEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 99-2450 Civil Terrn LINDA STAMEY, Defendant : ACTION IN DIVORCE AFFIDA VIT OF SERVICE BY CERTIFIED MAIL AND NOW, this May 5, 1999, I, Jane Adams, Esquire, hereby certifY that on May 4, 1999, a true and correct copy ofthc Plaintiff's Notice to Defend and Complaint were served, via certified mail, return receipt requested, addressed to: Linda Stamey P.O. Box 96 Boiling Springs, Pa, 17007 Respectfully Submitted: ~_L~C~~ .!{In Adams, Esquire 1.0 O. 79465 117 South Hanover St. Carlisle, Pa, 17013 (7 J 7) 245-8508 ATTORNEY FOR PLAINTIFF _ ,,:":";:;?!}fi1';':;~':~l)~!i :.; ;~:'. ~L~.':;;~..',',~;.:::::;,~,b~~lt;, '. -'; ,. ',.",:"'i",~~ , '.... .'-,.,','".. '.','.,.)'//,.....5...!~' ~:,' "' 0;:,:,,'.'. ',:_:,,_ "~;" :11,:;/:,,: \' ':~::)I~ WWW~AD...MILAW.NE..T.~~'~}~ji , IIQAr"AMi"AOL;Co~f~{~i:~i~ FA". '(7171 " :i4'Ii;Bli3~fi)ij~ ". " '- .,:' ,:':..' ~.:_;:,:),\;;.~)tf '1'.~l,~)'~;~;;:i:?: }........;.::..'.. ~,I~.~1J.,...:.\'...,.;'u ,i:,....'r,~....;,' ,'''i _ ~~~?!~~~E~~f~.:.::.t:;:.t;:;,:i.::,?:;;." ,':i:~':','" ,~ "..','.; ," " ,.,\j:.;,!.[\..~~.~,,! ...". ".......,...A... ...,\,.. "._,' .. . _ .. ll\1~~~_wr;;:;,s!': 'f: i ,>.,..: ~1...,3IS,!I0UTH ;PITT. STREET ,~~~~,~'~:";\CAR,~li~I,,: F:'A1,70,13 ." (l)''''''.''::o:",,' ,;' "', . -,!Fi" :.... :(71~) 2.4S-.S50e' . ,)~l8:,i/;:\\;?:'::"';~:~,: ,,' ..., ,:, . .. '. :,: ' ,.,: .c','.. ; . JANE ADAMS ATTORNEY AT LAW' .' . . - ,.. ...: MICHAEL STAMEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2450 Civil Term ~ ,qqq VS. LINDA STAMEY, Defendant ACTION IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this 97h day of Heu1- , 200t by and between, MICHAEL STAMEY, of Boiling Springs, Cumberland County, PIInnsylvania. hereinafter referred to as "HUSBAND", and LINDA STAMEY, of Boiling Springs, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 18, 1977, in Cumberland County, Pennsylvania, and; WHEREAS, there were three children born of this marriage; WHEREAS, 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 desire to settle their respective financial property rights and obligations as between each other. including the settiing of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating in any way to the subject matter of this agreement. These disclosures are part of the r.onsideration made by each party for entering into this agreement. 2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel of Jane Adams, Esquire, as his attorney. The Wife has employed and had the benefit or counsel of Mark D. Schwartz, Esquire. as her attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. 3. SEPARATION. That the parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth their respective rights and duties while they continue to live apart from each other. Whereas a Complaint in Divorce was filed, both parties will agree to a No-Fault Divorce after the applicable ninety (90) day time period has run. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and forever determine their respective rights. The division of existing marital property Is not intended by the parties to constitute In any way a sale or exchange of assets. 4. FREEDOM FROM INTERFERENCE. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner 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. 5. SUBSEQUENT DIVORCE. The parties hereby acknowledge that HUSBAND has filed a Complaint in Cumberland County, claiming that the marriage is Irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. WIFE hereby expresses her agreement that the marriage is irretrievably broken and expresses her intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301 (c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in allY such decree, judgment, order, or further modification or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not either or both of the parties shall remarry (it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of separation.) It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment, or decree. This incorporation, however, shall not be regarded as a merger, it being the specific inlent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 6. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE. The transfer of property, funds, and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 8. RELEASE OF ALL CLAIMS. HUSBAND and WIFE each do hereby mutually remise; release, quit-claim and forever discharge the other and the estate of the other, of and from any and all rights; titles, and interests. or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and wheresoever situate. which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy of widows or widowe~s rights, family exemption or similar allowance, or under the intestate laws. or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in the decease spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth, or territory of the United States, or any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of any marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. 9. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants represents that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. 10. DIVISION OF PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art, and other personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically wavier, release, renounce, and forever abandon whatever claim, jf any, he or she may have with respect to tile above items which shall become the sole and separate property of the other. 11. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or both of the parties, they agree as follows: (a) The 1988 Oodge Caravan shall be and remain the sole and exclusive property of Wife. (b) The 1987 Chevy Astrovan and 1966 Piymouth Barracuda shall be and remain the sole and exclusive property of Husband. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. The titles to each vehicle have been transferred. 12. MARITAL HOME. HUSBAND and WIFE hold title as Tenants by the Entireties to the premises identified as 118 Third Street, Boiling Springs. Cumberland County, Pa, 17007. The parties agree as follows with respect to the marital residence: (a) As of the date of separation, and without regard to when bills for such items are incurred, received or due, WIFE shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the marital residence (except as provided herein), including but not limited to, all real estate taxes, water and sewer rents, gas. electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and WIFE shall keep HUSBAND and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs. and expense. (b) There is presently an outstanding mortgage against the martial residence in favor of Fifth Third Mortgage of Ohio in the amount of approximately $58,000. Commencing on the date of this agreement, WIFE shall be solely responSible for timely payments of all past, present, and future principal, interest and other fees under this mortgage. (c) WIFE has taken all steps necessary to refinance the above-referenced mortgage. WIFE shall bear all costs of refinancing and transfer of the mortgage and the filing of the Deed. (d) Upon or within thirty days of WIFE's assumption or refinancing of the Mortgage, if he has not already done so, HUSBAND shall deliver a warranty deed, conveying to WIFE all of his right, tille and interest in and to the marital residence. Thereafter, WIFE shall be the sole owner of the marital residence and shall be permitted to record the deed and take any other action with respect thereto that she deems appropriate. 13. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions, bonds, retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. Wife and Husband do hereby waive, release, and give up any rights they may respectively have against the other for alimony, support, or maintenance. It shall be from the execution of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 15. INCOME TAX RETURNS. Husband and wife represent to each other that to the best of their knowledge all tax retums and other documents required to be filed with the Internal Revenue Service for calendar years 1977 through 2000 have been filed and that no notices have been received from the Internal Revenue Service which remain unresolved. Each party further represents to the other that to the best of his or her knowledge, the information set forth in the joint tax return for these calendar years was and remains accurate as relates to his or her sole income and acknowledges that the other party relied on such representations in signing those returns. Therefore, if any deficiency in federal, state, or local income taxes is proposed, or any assessment of any such tax is made against the other party by reason of his or her having joined in the filing of joint federal, state or local income tax returns, Husband and Wife shall indemnify and hold harmless the other against and from any and all tax, interest, penalty, or expense relating from any such tax deficiency, including reasonable counsel and accounting fees, and such tax, interest, and penalties or expenses shall be paid solely and entirely by the responsible party as determined to be attributable to that party on account of misrepresentation or failure to disclose relevant information of income on the aforesaid joint returns. 16. LEGAL AND PHYSICAL CUSTODY OF CHILDREN. The parties agree that WIFE will have primary physical custody and HUSBAND and WIFE shall have joint legal custody of the children, namely, Eric Stamey, DOB 4/24/82, Matthew Stamey. DOB 8/11/84, and Emma Stamey, DOB 9/1192. HUSBAND shall have liberal temporary physical custody according to a schedule to be agreed upon by the parties which shall be consistent with the best interest and welfare of the said children. 17. CHILD SUPPORT. Child support shall be paid as previously determined by Order of Court and entered by the Domestic Relations Office. The obligation of support may be modified at any time on the basis of material change in the circumstances of the parties or the children, and shall not contractually obligate the Husband to pay Wife the sum of not less than per month without regard to the circumstances of the parties or the children. 18. HIGHER EDUCATION. If at the time a child graduates from high school and said child Is accepted to attend a college or similar Institution of higher learning, Husband and Wife agree to share the costs of such education, less schoiarshlps and grants obtained by such children, according to the following formula. If both parties are working at full time employment at the time such expenses are Incurred, then Ihe expenses shall be paid by the parties in an amount proportionate with their respective Incomes. However, should one of the parties not be employed althat lime, then for purposes of determining the above percentages, the unemployed party's Income shall be determined by taking an average of the last three years of that party's full time employment Income. 19. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 20. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 21. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 22. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 23. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 24. NO WAIVER OF DEFAULT. This Agreement shall remain In full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall il be construed as a waiver or strict performance of any other obligations herein. 25. SEVERABiliTY. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or Invalid in law or otherwise, then only that term, condition, clause, or provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation, Likewise. the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein. with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 26. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek 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. 27. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges and declares that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence. coercion or .' .J . . duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seais the day and year first above written: WITN~aI ff ~~ ~"S""",y / ~ Date: 7-/-0'J.- tI COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the Is r (jay 0 personally appeared Ut _ whose name is subscribed to the within instr the purposes therein contained. ) ):ss ) vier- 1- , 200', before me, the undersigned officer, known to me, (or satisfactorily proven) to be the person ent, and acknowledged that he/she executed the same for IN WITNESS WHEREOF, I hereunto set my hand an eal. ~~#'7 Date: ,~",......~.-. ,",-:-... .,,~,~. ~:OT.:'.F:!:;L m::t't~. J."\~.:E E. A.D..~.MS, "ict;::i'.1 Pl't:i1c om mission expires:~: C:~i:::;~~t Y~:,t:ol ~~!jri}t~jl::1i1~ Cccny l,.3:~~:.j~:::'.:~:?~: ~~~ Sspt. 6. 2604 SEAL ~tL2 -lie 2fd Witness .' '.' 1". 'f, {, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the 9 #..da of personally appeared ' whose name is subscribed to the within ins the purposes therein contained. ) ):ss ) , 2001, before me, the undersigned officer, wn to me, (or satisfactorily proven) to be the person ment, and acknowledged that he/she executed the same for " . IN WITNESS WHEREOF, I hereunto set my hand and offi . SEAL Nolarlal Seal Manha L, Noal. Nota", Public Carllll..Bol<), Cumberland County M~ Ollmmrallon expire. Sept. 18, 2003 MembeI, ~n.y/vs... AsscciatJon 01 NotaJies C= G: I '- " ,. c ,. , ...~ -. -- '. " .. : ) ~:_I ~.~ - . ., ;? .. 'I,:; , ....1- . - . L ,-- :j ( ~-.': 0 VERII<'CA TION The foregoing Defendant's Counteraffidavit on behalf of the Defendant, Linda Stamey, is based upon infonnation which has been gathered by counsel for the Defendant in the preparation of this Docurnent. The statements made in this Petition are true and correct to the best of the counsel's knowledge, information and belief. The verification of the Defendant, Linda Stamey, cannot be obtained within thc tirne allowed for filing this Docurnent. The undersigned is therefore verifying on behalf of the Defendant, Linda Stamey, according to 42 Pa.C.S.A. ~ 1024(c)(2). The undersigned understands that false statements herein rnade are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: November 28, 2001 "'.- (') >- C::'~ " {:; I~:;; '-. ,r" , ('4" '-, :..1; , ~~ " I,.. CO) :~~ , , ('oJ '~.:Z :-:', I'H~i! C.J :l:: .> 'I :::> " t::) U -' ~ w G "" It; Z /-' N ::.> tuQ 0::1; (..') ._~, ::c ....,)~ u: ~"'! 's; r,!'l ~-: 0- 9~ ) '.' ~. ";<OW") __J ~,~ ':)z l.ll.. 'l'tfj :>- c:h :_'- c::J rrJ a. i:::. :;: ;,E 1.:- :::> (J 0 CJ , I I I I I ! I , J I I I i I - ?.: ~ .... - t.::.::. ."... , '" . .1 =:~~ f..', ~ (; :~r " "'- >., ~ : -~2 '..' '" ~~ I 1 ~,; I ,. I Ll ; ... [~ " , c_ : ... :-5 c; a C) ATTORNEY AT LAW 36 South Pitt Street Carlisle, Pa, 17013 Phone:(7l?) 245-8508 Fax:(?l?) 245-8538 www.adamslaw.net July 12, 2002 Robert Elicker, II, Esquire Divorce Master 9 N. Hanover St. Carlisle, Pa, 170 I 3 '- Re: Stanley v. Stamey No. 99 - 2450 Civil Term (Cumberland County) Dear Mr. Elicker: I am representing Michael Stamey, Plaintiff in the above-captioned action. The parties have reached a marriage settlernent agreernent which the defendant signed on or about May 9th, 2002. This action was originally filed on April 23, 1999. Since the execution of the rnarriage settlernent agreernent, Defendant has refused to forward an Affidavit of Consent and Waiver of Notice. Her attorney filed a counter-affidavit on November 28,2001 alleging that the parties had not been separated for two years. It is my client's position that the parties separated in April 1999. During Defendant's delay, rny client has been paying her spousal support. It has been over two months since the Defendant signed the rnarriage settlement agreernent and she still has not signed the Affidavit of Consent. Therefore, we are requesting that you set a hearing regarding the date of separation in order to detennille whether my client is entitled to a divorce without Defendant's consent. I am also considering filing a petition for Counsel Fees due to Defendant's delay. [will forward such to your office promptly upon filing. Please contact rne regarding any prospective hearing dates. Thank you for your cooperation regarding this matter. Very truly yours, @J Adams, Esquire cc: Michael Stan Rebecca Hughes, Esquire MICHAEL STAMEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99 - 2450 CIVIL LINDA STAMEY, Defendant IN DIVORCE TO: Jane Adams Attorney for Plaintiff Rebecca R. Hughes Attorney for Defendant DATE: Friday, May 17, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. t~ " . l." ~ ;, :1 :l 'it ~I'