HomeMy WebLinkAbout99-02644
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IN THE COURT OF COMMON PLEAS
DONALD L. STONER,
OFCUMBERLANDCOUNTY
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STATE OF
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Plaint.iff
No.
99-2644 CiVil
VERSUS
ROSALrE STONElR,
Defendant
DECREE IN
DIVORCE
AND NOW,
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DECREED THAT
Donald L. Stoner
PLAI NTI FF,
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AND
Rosalie Stonp.l~
. 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;
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DONALD L. STONER,
PETITIONER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ROSALIE STONER,
RESPONDENT
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99-2664- CIVIL TERM
IN RE: PETITION TO ENFORCE PRENUPTIAL AGREEMENT
BEFORE BAYLEY, J.
OPINION AND ORDER OF COURT
Bayley, J., November 9, 2000:--
On May 19, 1994, Donald L. Stoner and Rosalie Stoner, executed prenuptial
agreement. They were married on July 9, 1994. They separated in February, 1999.
On May 4,1999, husband filed a complaint in divorce against wife. Wife then filed a
petition seeking the equitable division of marital property pursuant to the Divorce Code
at 23 Pa.C.S. Section 3502. The case was assigned 10 a Divorce Master. Husband
then filed the within petition to enforce a prenuptiai agreement in which wife waived her
right to equitable distribution. We conducted hearings on October 4 and November 6,
2000, to determine the validity of the prenuptial agreement.
Husband is self-employed in the business of rehabilitating houses. He has been
doing that type of work for about nineteen years. In 1994, he was also a partner with
Tim Black in a partnership named Black-Stoner. The partnership owned some
apartments and bought and sold houses, which husband rehabilitated. Husband
owned some storage rental units behind the apartment. He owned a farm on which he
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99-2664 CIVIL TERM
lived. It had been the farm of his great-grandfather. Stoner owned some farm
equipment. He had a collection of firearms.' Prior to their marriage, wife lived in one of
the apartments of the Black-Stoner partnership. She spent many weekends at
husband's farm and moved in to the farmhouse one month before they were married.
The prenuptial agreement executed by the parties on May 19, 1994, provides in
pertinent part:
WHEREAS, both parties to this Agreement have made to each
other a full and complete disclosure of the nature, extent, and
probable value of all their property, estate and expectancy.
(Emphasis added.)
***
(1) All property and estate of the parties hereto of every nature and
wheresoever situate, including but not limited to the property set forth
on Exhibit A which is attached hereto and made a part hereof, and all
property and estate hereafter acquired by each of the parties shall be and
remain forever the individual property and estate of the party so owning
and acquiring it and neither of the parties shall acquire any interest in the
individual property and estate of the other because of the marriage
relationship; and each shall hold and possess all such property and estate
as if he and she had remained unmarried. (Emphasis added.)
(2) It is contemplated that the parties may acquire property
including, but not limited to, real estate, personal property, bank accounts,
brokerage accounts, stock, bonds or other intangible personal property
which upon agreement would be titled jointly. The parties agree that in
the event of divorce or annulment in their marriage, all jointly owned
property of every nature and wheresoever situated, shall be divided
equally between the parties. The parties acknowledge and agree that this
distribution shall be in lieu of equitable distribution pursuant to the Divorce
Code now in effect or as hereafter amended. Each party knowingly and
voluntarily waives his or her right to equitable distribution. The
parties further agree that neither shall claim any asset or any increase in
value thereof, titled in the separate name of the other, owned by the other,
1 Husband and wife are both competition shooters.
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99-2664 CIVIL TERM
* Any and all interest in the sole proprietorship known as
Don Stoner Construction, or any successor business
II. SOME OF BIGELOW'S SOLE AND SEPARATE ASSETS
The law regarding marital agreements has been set forth extensively by the
Supreme Court of Pennsylvania in Simeone v. Simeone, 525 Pa. 392 (1990), and the
Superior Court of Pennsylvania in Ebersole v. Ebersole, 713 A.2d 103 (Pa. Super.
1998). In Simeone, the Supreme Court of Pennsylvania stated with respect to the
validity of prenuptial agreements:
[w]e do not depart from the longstanding principle that a full and fair
disclosure of the financial positions of the parties is required.
Absent this disclosure, a material misrepresentation in the
inducement for entering a prenuptial agreement may be asserted.
Hillegass, 431 Pa. at 152-53, 244 A.2d at 676-77. Parties to these
agreements do not quite deal at arm's length, but rather at the time the
contract is entered into stand in a relation of mutual confidence and trust
that calls for disclosure of their financial resources. Id., 431 Pa. at 149,
244 A.2d at 675; Gelb Estate, 425 Pa. 117, 120,228 A.2d 367, 369
(1967). It is well settled that this disclosure need not be exact, so long as
it is 'full and fair.' Kaufmann Estate, 404 Pa. 131, 136 n. 8, 171 A.2d 48,
51 n. 8 (1961). In essence therefore, the duty of disclosure under these
circumstances is consistent with traditional principles of contract law.
If an agreement provides that full disclosure has been made, a
presumption of full disclosure arises. If a spouse attempts to rebut
this presumption through an assertion of fraud or misrepresentation
then this presumption can be rebutted If it is proven by clear and
convincing evidence. Hillegass, 431 Pa. at 152-53, 244 A.2d at 676.77.
(Emphasis added.)
In Ebersolo, wife sought alimony pendente lite from husband, which the trial
court concluded was barred by a postnuptial agreement.' The Supenor Court reversed
the trial court, stating:
, The same principles of law are applicable to the validity of postnuptial and
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99-2664 CIVIL TERM
In order for a post-nuptial agreement to be valid, the enforcing
spouse must make full and fair disclosure of the couple's financial status
as well as an~' statutory rights relinquished. See Mormello v. Marmel/o,
452 Pa.Super. 590, 682 A.2d 824, 828 (1996). "[W]hether adequate
disclosure has been made will depend on the facts and
circumstances of Individual cases." Id. (citations omitted). Hence, we
must determine whether husband fully and fairly disclosed the couples'
assets to wife before she signed the April 15 agreement.
The Agreement contains neither reference to property values nor
significant enumeration of assets held by the couple. Though the
agreement refers to specific rear estate and automobiles, it does not
provide their respective values. Furthermore, the Agreement only vaguely
refers to the remaining property waived by wife as "all stocks, bonds,
mutual funds, retirement plan, personal banking checking accounts and all
other financial assets accumulated through the marriage, not mentioned
above, if any." We find this brQad description wholly inadequate to
provide wife with full and fair disclosure to the couple's assets. See, e.g.,
Hess v. Hess, 397 Pa.Super. 395, 580 A.2d 357 (1990) (full and fair
disclosure requires that a "reasonable estimate of the worth of the
assets must be attempted so that the general financial resources of
the parties are not obscured"). Thus, we must look for some other
circumstance that indicates wife was aware of the parties' worth.
Previously, we have found that significant involvement In the
couple's financial affairs constitutes full and fair disclosure of
marital assets. See Mormel/o, supra (relying on appellant's lack of
involvement in spouse's financial affairs in finding appellant was not fully
and fairly aware of marital estate); see also Adams v. Adams, 414
Pa.Super. 634, 607 A.2d 1116 (1992) (appellant's participation in her
spouse's business and her knowledge of parties general financial
resources sufficient for full and fair disclosure); Nigro v. Nigro, 371
Pa.Super. 625, 538 A.2d 910 (1988) (full and fair disclosure demonstrated
where appellant had significant work experience in family pizza business).
Instantly, however, the trial court found that husband managed the
couple's assets and that wife had lillle or no involvement. See Notes of
Testimony (N.T.), 9/24/97, at 61. Notwithstanding wife's lack of
involvement, the record shows that she knew the location of the couple's
financial information, that husband never prevented wife from accessing
this information, and that the couple had several general discussions
during their marriage about their overall worth. See id. at 26-28. These
facts convinced the trial court, 'that a fair and full disclosure of the parties'
prenuptial agreements. Mormello v. Mormello, 682 A.2d 824 (Pa. Super. 1996).
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agreement assert full and fair disclosure of Donald Stoner's property, estate and
expectancy.
8. The pre-nuptial agreement incorporates an exhibit purporting to make full and fair
disclosure by identifYing Donald Stoner's sole and separate lISsets as fireanns of any
nature, all farm equipment, the Black-Stoner partnership and the Stoner Construction
Company.
9. Neither the incorporated exhibit to the pre-nuptial agreement nor the pre-nuptial
agreement itself contain a listing of the quantity or the value of Donald Stoner's property.
10. The pre-nuptial agreement does not contain full and fair disclosure.
11. Paragraph fourteen (14) of the pre-nuptial agreement contains a merger clause which says,
"The Agreement constitutes the entire understanding between the parties and there are no
covenants, conditions, representations or agreements, oral or written, of any nature
whatsoever, other than those herein contained."
12. The merger clause of the pre-nuptial agreement on its face prevents the use of extrinsic
evidence.
13. There was not full and fair disclosure as a matter of law.
WHEREFORE, Rosalie Stoner respectfully asks the court to invalidate the pre-nuptial
agreement by a finding that lIS a matter of law that there is no full and fair disclosure on the face
of the prc-nuptial agrecment and/or in the alternative hold an evidentiary hearing to take extrinsic
evidence to determine iffuIl and fair disclosure existed.
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WAIVER OF I RELIANCE ON COUNSEL
14. All preceding paragraphs are incorporated herein.
15. Paragraph thirteen (13) of the pre-nuptial agreement states that Rosalie Bigelow was
advised to seek counsel and asserts that she had either done so or has waived her right to
do so.
16. Donald Stoner acquired the counsel Edward Guido.
17. Donald Stoner's attorney Edward Guido did advise Rosalie Stoner in regards to the
agreement.
18. Rosalie Stoner signed the pre-nuptial agreement even though she did not know or
understand the tenns of the pre-nuptial agreement.
19. Rosalie Stoner did she consult with an attorney ofber own.
20. The waiver clause of the pre-nuptial agreement and subsequent signature thereto do not
constitute an adequate waiver of counsel.
21. Rosalie Stoner understood and believed that property acquired during the marriage would
be marital property and subject to equitable distribution based upon discussions \vith
attorney Edward Guido.
22. The belief as to equitable distribution was incorrect pursuant to paragraph one (1) of the
pre-nuptial agreement.
WHEREFORE, Rosalie Stoner respectfully asks the court to invalidate the pre-nuptial
agreement for an inadequate waiver of counsel, because she relied on the representations
and explanations of Donald StOller's counsel.
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WAIVER OF STATUTORY RIGHTS
23. All preceding paragraphs are incorporated herein.
24. The pre-nuptial agreement also states that Rosalie Stoner's statutory rights were
adequately waived.
25. Rosalie Stoner's waiver was inadequate as Rosalie was not notified and did not
understand the pre-nuptial agreement's waiver of her statutory rights since the waived
rights were not adequately identified
26. The agreement does not adequately waive Rosalie Stoner's statutory rights.
WHEREFORE, Rosalie Stoner respectfully asks the court to invalidate the pre-nuptial
agreement, because the waiver statutory rights under the Divorce Code is inadequate as
the statutory rights waived were; not adequately identified.
Respectfully Submitted,
;Jv.J
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Karl E. Roming'~r, Esquire
155 South Hanover Strcet
Carlisle, Pa 17013
(717) 241-6070
Supreme Court ro # 81924
lIDIS, GUIDO
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PRE-nUPTIAL AGREE~
This Agreement made this' /9 t-I.. day of
1994, by end between DONALD L. STONER, SR. of
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Silver Spring
Township, Cumberland County, PennaYlvania, hereinafter STONER
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ROSIE BIGELOW, of 80iling Springs, Cumberland County,
Pennsylvania, hereinafter BIGELOW,
WHEREAS, the parties intend to be married; and
WHEREAS, the parties to this Agreement intend and desire to
define the property which each party brings to the marriage, to
the end that Such property will be designated and set apart ae
the sole and separate Property of the respective parties; and
WHEREAS, the parties intend and desire to determine the
distribution of any joint property in the event of their divorce
or annulment; and
WHEREAS, both parties to this Agreement have made to each
other a full and complete disclosure of the nature, extent, and
probable value of all their property, eetate and expectancy.
NOW THEREFORE, in consideration of the marriage of the
parties hereto, and intending to be legally bound, tho parties
agree os follows:
(1) All property and estate of the parties hereto of every
nature and wheresoever Situate, inclUding but not limited to the
property set forth on ~xhlbit A which i6 attached horeto and made
a part hereof, and all property and eatete heroafter aequited by
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each of the parties shall be and remain forever the individual
property and estate of the party ao OWning and acquiring it and
neither of the parties shall acquire any interest in the
individual property and estate of the other because of the
marriage ~elationehip; and each shall hold and pODacss all such
property and estate as if he and Dhe had remained unmarried.
party knowingly and voluntarily waives his or her right to
equitable distribution. The parties further agree that neither
shall claim any asset or any increase 1n value thereof, titled in
the separate name of the other, owned by the other, or separately
acquired by the other, either prior to or after the marriage.
(3) It io agreed by the portiea that the separato eetate,
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ce,lill" PA owned or hereafter acquired, (either before or after marriage)
shall not be conaidered marrtel property within the meaning of
the Divorce Code as now in effect or hereafter amended, but
(2) It is contemplated that the parties may acquire
property inClUding, but not limitod to, real estate, personal
property, bank accounts, brokerage accounts, stock, bonds or
other intangible personsl property which UpOn agreement would be
titled jOintly. The parties agree thet in the event of divorce
or annulment in their marriage, all jointly owned property of
every nature and wheresoever situated, shall be divided equally
between the parties. The parties acknowledge and sgree that this
dietribution shall be in lieu of equitable distribution pursuant
to the Divorce Code now in effect Or S8 hereafter emended. Each
rather shall be considered property excluded by valid llgreement
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AlDIS, GIJIDO
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of the parties entered into before the marriage, This release
shall extend to any increase in value during the marriage Of the
par.ties and to any right or Claim to equitable distribution.
(4) The parties hereto further release each other from any
and ~ll cJaims for spOusal Support, alimony, alimony pendente
lite, counsel fees, costs and expenses.
(5) Each hereby forever releases, remises, discharges and
quitclaims the other and the estate of the other, for all time to
come and for all purpOBes whatsoever, from any action of eny
nature whatsoever, in law or in equity, end forever releasoe,
remises, diScharges and quitclaims the other and the estate of
the other, for all time to come, and for all purposes whatsoever,
of and from /lny and all rights, titles, interests or Claims in or
against the other or in or to the real, personal and/or mixed
property of the other and all rights of curtesy or dower, or
claims in the nature of curtesy or dower, or of widow'a or
widower's rights and all rights, titles, interests and claims
which he or she now has or ever may have in/or to the other's
estate, whether now owned or hereafter acquired, and all rights,
titles, interests end claims to take against the other's will or
under the Intestato Laws, or of family exemption or similar
allowance or all other rights of a surviving spouse to
partiCipate in n deceased spouso'u eotato, whether arising under
the laws of (a) Pennsylvania, or (b) any otote, commonwealth or
torritory of the United States, or (c) any other country, and
each and every additional right, title 5nd intereot end claim or
right to any accounting he or ohe han or over may heve in the
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other or es Stoner's wife or widow or es nigelow's husband or
widower, including any and all claims, demands, liabilities and
Obligations, whether arising out of the marital relationship or
any other matter or thing Whatsoever, as well as each and every
additionat right, title interest and claim he or ohe has or ever
may have against the other, his or her heirs, executor,
administrators and aSSigns, excepting only the Obligations,
rights and claims imposed or enuring to ths benefit of either of
the parties by reeson of the terms of this Agreement.
(6) The parties do hereby warrant, represent, acknowledge
and agree that each is fully and completely informed of, and
is familiar with, the wealth, real and personal property, estate
and aBsets, earnings and income of the other and that each has
made a full and complete diSClosure to the other of his and her
entire aoseto and liabilitieo and any further enumeration or
otatement thereof in this Agreement is specifically waived.
(7) Each acknOwledges that he or ~he has reed and
understando hio or her rights and reeponsibilitiee under this
Agreement end thet they have executed this Agreement under no
compulsion to do so but es a voluntary act,
(0) In the event that either party breachss any provision
of this Agreement, and the other party retaine counsel to assist
in enforCing the torms thereof, the parties hereby agree that the
breaching party will pay 011 cttoroeY'5 Ieee, Court coots and
expenses incurred by the other party in enforcinq th" Agreement.
(9) Each of the partiea hereto furthor covenants and agreee
for himself and harael! end hig or her helry, exocutors,
iAIOIS, GUIDO
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administrators and assigno, that he or she will never at'any time
hereafter 6ue the other party or his or her heirs, executors,
administrators and aS6igns, for the purpose of enforcing any of
the rights relinquished under this Agreement.
(10). Both parties to thiB Agreement Covenant 6nd Bgree that
they shall Willingly, at the request of the other party, or his
or her SUcceasors or 6ssigns, execute, deliver, and properly
acknowledge whatever additional instruments may be required to
carry out the intention of this Agreement, and shall execute,
deliver and properly acknOWledge any deeds or other documents in
order to effectuate this Agreement.
(II) This Agreement is entered into in ConBideration of
marriage, and its effectiveness iB expresBly conditioned on Buch
marriage; if, for any reason, the marriage does not take place
the Agreement will be of no force or effect.
(12) Nothing herein shall preclude either party from neming
the other as the beneficiary and/or personal representetiv~ in
his or her Last Will end Tastement.
(13) It is specifically agreed and underBtood thet Stoner
iB being repre5ented by Edward E. Guido, Esquire. The parties
acknowledge thet Bigelow has received no legal advice whatsoevor
from the said Edward E. Guido. The parties further acknowledge
that Bigelow ~ae adviaed to seek her own counsel and has either
done ao or has waived her right to do so.
(14) This Agreement constitutcs the entirc understanding
betwcen the p~rticG and thera ere no covenants, conditions,
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LAW OFFICES
SAlOIS, SHUFF & MASLANO
26 W. HIGU STREET . 2109 MARKET STREET
CARUSLE,l'A 17013 CAMP HILL. PA 17011
PHONE (717) 243-6222 rrX>~E (717) 737-3405
CERTIFIED COPY:
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proprietorship known as Don Stoner Construction, or
any SUccessor business."
5. Pursuant to the Pre-Nuptial Agreement, paragraph 1
provides that:
"All property and estate of the parties hereto
of every nature and wheresoever situate,
including but not limited to the property set
forth in Exhibit A, and any and all property and
estate hereafter acquired by each of the parties
shall be and remain forever the individual
property and estate of the parties so owning and
acquiring it and neither of the parties shall
acquire any interest in the individual property
and estate of the other because of the marriage
relationship; and each shall hold and possess
all such property and estate as if he and she
had remained unmarried."
6. Further, paragraph 2 provides that:
"The parties agree that in the event of divorce
or annulment in their marriage, all jointly
owned property of every nature and wheresoever
situate, shall be divided equally between the
parties. The parties acknowledge and agree that
this distribution shall be in lieu of equitable
distribution pursuant to the Divorce Code now in
effect or as hereafter amended. Each party
knowingly and vOluntarily waives his or her
right to equitable distribution. The parties
further agree that neither shall claim any asset
or any increase in value thereof, titled in the
separate name of the other, owned by the other,
or separately acquired by the other, either
prior to or after the marriage."
7. The Petitioner has filed an action in divorce under
section 3301( c) to the same term and number, and it
is expected that both parties will execute an
affidavit of consent.
8.
In addition, a Master has been appointed in this
matter, but is waiting the determination of whether
SAlDtS. GUIDO
& MASLAND
Z6 W, High Slf'ett
Carli~le. PA
.
--- --.---..-..---....- ,.
_'_U__..._.,_.._.
PRE-NUPTIAL AGREEMENT
This Agreement made this If~ day of
/110
,
1994, by and between DONALD L. STONER, SR. of Silver Spring
Township, Cumberland County, Pennsylvania, hereinafter STONER
A
N
D
ROSIE BIGELOW, of Boiling Springs, Cumberland County,
Pennsylvania, hereinafter BIGELOW.
WHEREAS, the parties intend to be married; and
WHEREAS, the parties to this Agreement intend and desire to
define the property which each party brings to the marriage, to
the end that such property will be designated and set apart as
the sole and separate property of the respective parties; and
WHEREAS, the parties intend and desire to determine the
distribution of any joint property in the event of their divorce
or annulment; and
WHEREAS, both parties to this Agreement have made to each
other a full and complete disclosure of the nature, extent, and
probable value of all their property, estate and expectancy.
NOW THEREFORE, in consideration of the marriage of the
parties hereto, and intending to be legally bound, the parties
agree as follows:
(1) All property and estate of the parties hereto of every
nature and wheresoever situate, including but not limited to the
property set forth on Exhibit A which is attached hereto and made
a part hereof, and all property and estate hereafter acquired by
II
I
....,.. ---,- ".
,.,.'"
. ".. .t'~:' .
'./~~.~-::'
.;~..,.'
...', ',';-
. . <...~....., . -.
each of the parties shall be and remain forever the individual
property and estate of the party so owning and acquiring it and
neither of the parties shall acquire any interest in the
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individual property and estate of the other because of the
marriage relationship; and each shall hold and pOssess all such
property and estate as if he and she had remained unmarried.
(2 )
It is contemplated that the parties may acquire
property including, but not limited to, real estate, personal
property, bank accounts, brokerage accounts, stock, bonds or
other intangible personal property which upon agreement would be
titled jointly.
The parties agree that in the event of divorce
or annulment in their marriage, all jointly owned property of
every nature and wheresoever situated, shall be divided equally
between the parties.
The parties acknowledge and agree that this
distribution shall be in lieu of equitable distribution pursuant
to the Divorce Code now in effect or as hereafter amended.
Each
party knowingly and voluntarily waives his or her right to
II
SAID IS. GUIDO 11
& MAS LAND i
"6 W. Hiah Slre!:'l I
Carlisle. PA I
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equitable distri.bution. The parties further agree that neither
shall claim any asset or any increase in value thereof, titled in
the separate name of the other, owned by the other, or separately I
I
acquired by the other, either prior to or after the marriage.
(3) It is agreed by the parties that the separate estate,
properties, monies and credits of each party, whether currently
owned or hereafter acquired, (either before or after marriage)
shall not be considered marital property within the meaning of
the Divorce Code as now in effect or hereafter amended, but
rather shall be considered property excluded by valid agreement
. ,... .n._'T'....,-_______~
- ;..,r ,~,~,.,. ': ~;.;'-:..'.:,~~ \:;t'" .
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"''''",''"'''~- .. I ...',..,,','" .': _tii. "", ' A ":, ", ......_~-:-..~-,. . ",
of the parties entered into before the marr~age~ This release
shall extend to any increase in value during the marriage of the
parties and to any right or claim to equitable distribution.
(4) The parties hereto further release each other from any
and all claims for spousal support, alimony, alimony pendente
lite, counsel fees, costs and expenses.
(5) Each hereby forever releases, remises, discharges and
quitclaims the other and the estate of the other, for all time to
come and for all purposes whatsoever, from any action of any
nature whatsoever, in law or in equity, and forever releases,
remises, discharges and quitclaims the other and the estate of
the other, for all time to come, and for all purposes whatsoever,
of and from any and all rights, titles, interests or claims in or
against the other or in or to the real, personal and lor mixed
property of the other and all rights of curtesy or dower, or
claims in the nature of curtesy or dower, or of widow's or
widower's rights and all rights, titles, interests and claims
which he or she now has or ever may have in/or to the other's
estate, whether now owned or hereafter acquired, and all rights,
titles, interests and claims to take against the other's will or
under the Intestate Laws, or of family exemption or similar
SAID IS. GUIDO
'" MASLAND
26 W, High Slreel
Carli~lc. PA
allowance or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under
the laws of (a) Pennsylvania, or (b) any state, commonwealth or
territory of the United States, or (c) any other country, and
~ each and every additional right, title and interest and claim or
right to any accounting he or she has or ever may have in the
~... .-~_._._..__.._.
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SAlOIS, GUIDO
& MASLANI>
26 W, Hi~h Strccl
Carlisle, PA
. .
other or as Stoner's wife or widow or as Bigelow's husband or
widower, including any and all claims, demands, liabilities and
obligations, whether arising out of the marital relationship or
any other matter or thing whatsoever, as well as each and every
additional right, title interest and claim he or she has or ever
may have against the other, his or her heirs, executor,
administrators and assigns, excepting only the obligations,
rights and claims imposed or enuring to the benefit of either of
the parties by reason of the terms of this Agreement.
(6) The parties do hereby warrant, represent, acknowledge
and agree that each is fully and completely informed of, and
is familiar with, the wealth, real and personal property, estate
and assets, earnings and income of the other and that each has
made a full and complete disclosure to the other of his and her
enti.re assets and liabilities and any further enumeration or
statement thereof in this Agreement is specifically waived.
(7) Each acknowledges that he or she has read and
understands his or her rights and responsibilities under this
Agreement and that they have executed this Agreement under no
compulsion to do so but as a voluntary act,
(8) In the event that either party breaches any provision
of this Agreement, and the other party retains counsel to assist
in enforcing the terms thereof, the parties hereby agree that the
breaching party will pay all attorney's fees, court costs and
i expenses incurred by the other party in enforcing the Agreement.
I
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(9 )
Each of the parties hereto further covenants and agrees
for himself and herself and his or her heirs, executors,
it
._----.-
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SAlOIS, GUIDO
&< MASLANI>
26 W, Hi&h Slrt't"l
Carlide. PA
~~,::}.
admin~strators and ass~gns, that he or she will never at any time
he~eaft~r sue the other party or his or he~ heirs, executors,
administrators and assigns, for the purpose of enforcing any of
the rights relinquished under this Agreement.
(10) Both parties to this Agreement covenant and agree that
they shall willingly, at the request of the other party, or his
or her Successors or assigns, execute, deliver, and properly
acknowledge whatever additional instruments may be required to
carry out the intention of this Agreement, and shall execute,
deliver and properly acknowledge any deeds or other documents in
order to effectuate this Agreement.
(11) This Agreement is entered into in consideration of
,
I , marriage, and its effectiveness is expressly conditioned on such
I
I marriage; if, for any reason, the marriage does not take place
I
I the Agreement will be of no force or effect.
(12) Nothing herein shall preclude either party from naming
the other as the beneficiary and/or personal representative in
his or her Last Will and Testament.
(13) It is specifically agreed and understood that Stoner
! is being represented by Edward E. Guido,
II
Esquire.
The parties
acknowledge that Bigelow has received no legal advice whatsoever
from the said Edward E. Guido.
The parties further acknowledge
that Bigelow was advised to seek her own counsel and has either
/, done so or has waived her right to do
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so.
(14)
This Agreement constitutes the entire understanding
. .::".;,' .,',:': .":- !.;.'{ ....;,.;<_.~' ..~:'.., ':.,'{; ;;!,~,:.~.,:~~;-:~:':;,~:':i~~j-;~!'~' ,:;'~~-;"~!:~::: :,;.::;.'.,>~:,' :".' :,,:~~, ,:' :;"~'i ,: ::,::. "':, '.:',,: :..~:::",.', '>.,' -",I':'
., "
~epre~entations or agreements, oral or written, of any nature
wh~tso~ver, other than those herein contained. .
(15) This Agreement is entered into in the Commonwealth of
Pennsylvania and shall be construed under and in accordance with
the Laws of the Commonwealth of Pennsylvania and shall in no way
be affected by any change in domicile of either party. If any
provisions of this Agreement is determined to be invdlid or
unenforceable, all the provisions shall continue in full force
and effect.
IN WITNESS WHEREOF, th~ parties have set their hands and
seals t~d
~.
WiC'~
. .
Witness
year first
written above.
;)~,~~~.t.
DONALD L. ST.ONER, SR.
,e-. 6?- .Lr-
RcfsIE BIGELOW ;/
,AlDIS. GUIDO
'" MASLANt>
26 W. High SlreC'1
Carlisle. PA
AlDIS. GUIDO
'" MAS LAND
:6 W, High SlreC'1
Carlisle. PA
ss.
Before me, the undersigned authority, ~ers~nally appeared
Donald L. Stoner, Sr., known to me to be the person whose name
is subscribed to the foregoing instrument, and Upon oath
acknowledged that he executed the foregoing document for the
purpose and consideration therein expressed.
SUBSCRIBED and sworn to on this the 11 H\ day of M"O
/!OT,\i>'.'L SEAL ~..
1994. S~LUi: /'!Ii.'f1, N~t:IY t"c:i~ In /" ,
~;1~~~~io~"~~;~1~';~';~~1~ ~ t~(.Y.. /1/1( /U
COMMONWEALTH OF PE~NSYLVANIA
COUNTY OF CUMBERLAND ss.
Before me, the undersigned authority, personally appeared
Rosie Bigelow, known to me to be the person whose name
is subscribed to the foregoing instrument, and upon oath
acknowledged that she executed the foregoing document for the
purpose and consideration
therein expressed.
" 00 th1. tho . /,~:,;~;)~ .
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SUBSCRIBED and sworn
1994.
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SAlOIS,
SHUFF &
MASLAND
.A.n'ORNIvs-....T-uW
26 W. llI&h Slrttl
C'tHf,[r,PA
WHEREFORE, Plaintiff prays Your Honorable Court to enter a
decree of divorce.
Respectfully 5>1'fhin~i . ed~ '
~-
C:--j '...
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Johnna,~..Dei~y, E .
At tomey forv'l"lai iff
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JAMES D. FLOWER
JOHN E. SLlKE
ROBERT C. SAIDIS
"GEOFFREY S. SHUFF
JAMES D. FLOWER, jR.
CAROLj. LINDSAY
jOHNNAj. DEILY
KARL M. LEDEBOHM
JOSEPH L. HITCHINGS
THOMAS E. FLOWER
LAW OFFICES
SAID IS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243.6486
EMAIL: allorney@ssn.law.com
OF COUNSEL
ALBERT H. MASLAND
WEST SHORE OFFICE:
2109 MARKET STREET
CAMP HILL, PA 17011
TELEPHONE: (717)737-340S
FACSIMILE: (717)737-3407
REPLY TO CARLISLE
August 31, 2COO
The Honorable Edgar Bayley
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
l"\ q _ -;). (.p ~ l\.
~
Re: Stoner v. Stoner
Dear Judge Bayley:
This case has been scheduled in front of you for October 4th at
8:30 a.m. for consideration of the validity of a pre-nuptial
agreement that had been signed by both parties.
The drafter of the pre-nuptial agreement, as well as a key
witness in this case, is Judge Guido, and he will therefore be
testifying on behalf of Donald Stoner. Judge Guido has informed me
that he has a conflict and will be unavailable for the hearing on
October 4th. I therefore request a continuance.
Further, this may be a matter in which you must recuse yourself
in the event that you must rule on the credibility of Judge Guida's
testimony.
I::
r.. ",
Could you kindly contact me at your!:'
advise as to your position in this matte! '
cooperation in this matter.
JJK: tdm
Enclosures
Cc: Don Stoner
Judge Edward Guido
Karl Rominger
Sincerely,
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J?!l(NIII:II((j'JF ,';talll !(CJy,.~Y~j
155 South Hanover Street 1 North Main Slreel
Carlisle, Pennsylvania 17013 Chambersburg, Pennsylvania 17201
717.241.6070 . 888.241.9679 . Fox: 717.241.6878
law@romlngerlaw.com . www.romlngerlaw.com
Please reply 10 Carlisle office.
June 19, 2000
E. Robert Elicker
Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Re: Stoner v. Stoner
No. 99-2644 Civil
In Divorce
Dear Mr.Elicker:
I am in receipt of a letter from Johnna Deily in regard to the Stoner matter. It is, in fact,
my intention to dispute the validity of the prenuptial agreement. I filed a Petition for Equitable
Distribution with the Prothonotary.
Therefore, I believe that either we need to have a declaratory judgment in regard to this
agreement, or litigate it through the court on the current divorce action.
I will be in contact with Attorney Deily to decide how she wants to proceed procedurally.
Sincerely,
~ .------- ,
.-- --
-- ---.
Karl E. Rominger. Esquire
KER/jcm
cc: Rosalie Stoner
Johnna J. Deily
Advocacy
Advice
Answers
." .' :", ",' ";, ,:' ",,(, ~/,< ~," ", ~,: ','";.',~-:-''.,', '; /:\;' ~~;~~~~f:~~~,~~.~;" ~;~~:'"'-;'''.t:,~::_,~~;'~~~;,:(::'~\'~.:' :>. .::: ^ ;':" '....., ~,: :''-'.',': "~I ~. .::, <.',' .; -\; ~:~.: ~ .,' ~.:.: I~~ .:' '~":,: 1 '.. , I",: .'
, .' . /. \'.' ,'.\
entering a prenuptial agreement may be asserted." J.d." 525 Po. at 402, 581 A,2d at
167. Defendant now asserts that a material rn/3ropresentalion was made by Plaintiff in
the inducement to the execution of the prenuptial ogreernent at issue in this case,
However, Defendant's assertion must be treated according to the presumptions
and evidentiary burdens applicable under Pennsylvania law, where a court is asked to
pass upon the validity of a prenuptial agreement. "If an agreement provides that full
disclosure has been made, a presumption of full disclosure arises, If a spouse
atternpts to rebut this presumption through an assertion of fraud or misrepresentation
then this presumption can be rebutted if it
I is proven by clear and convincing evidence." SirneolJ.ft, 2!.!Q.@ at 403,581 A,2d at 167.
The prenuptial agreement in question does in fact provide that full disclosure
II has been made:
II "[B]oth parties to this Agreernent have made to each other a full and complete
"
"
II
"
II
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disclosure of the nature, extent, and probable value of all their property, estate
and expectancy." Agreernent, fourth "Whereas" clause.
"The parties do hereby warrant, represent, acknowledge and agree that each is
fully and completely informed of, and is familiar with, the wealth, real and
personal property, estate and assets, earnings and income of the other and that
II
"
each has made a full and cornplete disclosure to the other of his and her entire
. SAlOIS
i SHUffi.!;!OWER
. & Ul'IuSAY
~. I'I.IIU".n-A~.l.4W
assets and liabilities and any further enurneralion or staternent thereof in this
agreement is specifically waived." Agreement, ~ (6).
26 W. Hl&h ".....
Cartlolo, Ph
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Either one of these provisions, under fumeone, is sufficient to give rise to
2
SAIDIS
SHUffi. t1,OWER
& L.IJ'luSAY
.--=
:t6 W.Illcb......'
CarlUk, PA
the presumption that each party had made full disclosure at the time the Agreement
I was executed, Therefore, the burden falls upon Defendant (who contests the
I Agreement) to rebut this presumption by producing evidence of fraud or
misrepresentation in the inducement; and this evidence, if any there be, must rneet the
standard of "clear and convincing." Sirneone, 525 Pa. at 403,581 A.2d at 167.
In light of this presumption, and the consequent burden of production imposed
upon Defendant, her insistence that extrinsic evidence be excluded (Defendant's
i Answer to Plaintiffs Rule to Show Cause, ~ 12) seems particularly self-defeating.1
I
I Defendant's Answer also asserts that "Exhibit A" to the Agreement "purport[s] to
I make full and fair disclosure" of Plaintiffs assets. (Defendant's
1
I Answer, ~ 8). However, the "Exhibit" is entitled "Some of Donald Stoner's sole
II and separate assets" (emphasis added), and does not "purport" to be anything more
,
I than a cursory general summary. Moreover, the parties "specifically waived" "any
I
i further enumeration or statement" of the other's "assets and liabilities." Agreement, ~
[/ (6) ,
"
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II not contain full and fair disclosure." Defendant's Answer, ~ 10. (ernphasis added.)
Ii
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ii' Defendant's reference to the merger clause (Defendant's Answer, ~~ 11,12) is equally puzzling. If
'[ she intends by this to exclude parol evidence, the earlier observation applies. Further, parol evidence.
if where excluded. is inadmissible when offered "to alter, vary, modify, or contradict terms or a contract
'i whicl, has been reduced to writing." Kehr Packaoes. Inc. v. Fidelitv_Bank, N.A.,., 710 A2d 1169,1172
'i (Pa.Super. 19913). Plaintiff seeks only to enforce the terms of the Agreement as Wf/tten. If Defendant
il raises the merger clause to prove that there was no full and fair disclosure of assets at the time of the
il Agreement's execution, then the two provisions explicitly stating the contrary should be sufficient
'j' response, even If it weren't obvious that the parties' statement that "there are no covenants, conditions.
" representations. or agreements. oral or written, of any nature whatsoever. other than those herein
:1 contained" was intended to refer only to the operative terms of tho agreement.
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Defendant seems to found her argument on the fact that the "agreement does
3
The same argument was raised, and rejected by the Superior Court in Cooper v.
Oakes, 427 Pa. Super. 430, 629 A.2d 944 (Pa. Super. 1993). In that case, as in this
one, despite a provision in the agreernent that full and fair disclosure of the parties'
assets had been made, "Wife... argue[d] that the ante-nuptial agreement d[id] not
I constitute prima facie evidence of a full and fair disclosure of Husband's and Wife's
individual assets because it did not include a schedule of those assets," Id, at 434,
I 629 A.2d at 946. In rejecting this argument, the court turned first to Sirneone,
I
j observing that the Supreme Court "did not hold that a scheduling of assets was
I
required for full disclosure. To hold so would require at least mention of, if not the
express overruling of, established Pennsylvania Suprerne Court precedent." Id. at 436,
629 A.2d at 947.
II
Ii and concluded that "[n]one of these cases require that the agreernent inc;lude a
:1 schedule of assets.... The statement of full and fair disclosure constitutes prirna facie
II evidence of full and fair disclosure. The proponent of avoiding the agreement then
II
II bears the burden of proving an asserted fraud, misrepresentation or duress by clear
I
,! and convincing evidence." Cooper v. Oakes, supra at 438, 629 A.2d at 948.
:1
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:i "whether adequate disclosure has been made will depend on the facts and
"
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SAIDIS :i circurnstances of individual cases." Mormello v. Mormello, 452 Pa. Super. 590, 600,
SHUFf: rwWERI
~~~i 682 A.2d 824, 828 (1996) (citing Nigro .v Niaro, 371 Pa. Super. 625, 632-32, 538 A.2d
u w. Hlch strut ; J
I
Calilole, PAr 910. 914. For exarnple, the agreement must not itself "obscure the general financial
!I
,
II resources of the parties." Mormello, supra at 600, 682 A.2d at 828 (citing Simeone).
Next the court surveyed subsequent Superior Court cases applying Sirneone,
When prenuptial agreernents are challenged for lack of full and fair disclosure,
4
, ,'\\ . ,w \ '>..'< ,:' :: "~\<:'~~":'" ',:', ":i/'r:~, 1\:~..~i,:m~~~,:)..i~...:~f;i=:~;\":~~~;:'~\":~iL:'Y<: "':, ,:',', ',' \ :L.:.'" ,,:' '\:, ',' \, ~-.:,-" t,': :: "\7'.<'~ J,.:l " , : ":,, ~
In Marrnello, the agreement set forth that the husband would pay the remainder
of a $65,000.00 mortgage; but the disabled wife's insurance actually would pay
$833.33 of the $888.00 monthly mortgage payments. The court observed that the
$65,000,00 figure cited in the agreernent "did not accurately reflect the husband's
monetary obligation to the wife," and thus "obscure[d] the general financial resources
I of the parties," Id. at 602, 682 A.2d at 829, Observing that the wife had no awareness
of the value of the husband's pension
I
I
I and salary, or of the value of the marital estate (Id. at 600-01, 682 A.2d at 829), the
i court held the agreement invalid for lack of full and fair disclosure.
I
I On the other hand, in order to be "full and fair," "disclosure need not be exact."
I
i Simeone, suora at 403,581 A.2d at 167. Where there is no disclosure of assets in the
,
I agreement, but the court finds that the party claiming lack of full and fair disclosure
II had significant involvement in the couple's financial affairs, the agreernent will be
II .
I, enforced. See Adams v. Adams, 414 Pa. Super. 634, 607 A.2d 1116 (1992) and Niaro
il
II v. Niaro, suora (in both cases fact that wife had assisted husband in running privately
i
i owned business was sufficient to establish general familiarity with couple's assets
,
,
,
II arnounting to "full and fair disclosure").
:1 In sumrnary, the Agreernent at issue provides that full and complete disclosure
"
'I
'I of the parties' assets had been rnade at the time the Agreement was executed.
,I
"
SAIDlS 'I Therefor, under Simeone, the presumption arises that full and fair disclosure was
SHUffi ROWER 'I
~~~ il rnade. Defendant bears Ihe burden to rebut this presurnption with clear and
uw.B1c1t....... '.
c..-., PA '! convincing evidence of fraud or misrepresentation in the inducement.
,I
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The merger clause and the parol evidence rule bar extrinsic evidence only if
offered to alter, modify or contradict terms of the written agreernent _ not evidence
offered to rebut the presumption that full and fair disclosure had been made when the
Agreement was executed - and not evidence offered to counter the rebuttal by
showing that Defendant was generally familiar with Plaintiffs assets and financial
position.
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Respectfully submitted,
SAIDIS , SHUFF, FLOWER & LINDSAY
Joh J, ko
Atto ey 1.0. 53147
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiff
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CERTIFICATE OF SERVICE
On this ;20 I- day of
{p d-o ~
, 20D"'J, I,
hereby certify that I served a true and correct copy of the
foregoing Brief upon all parties of record via United States
Mail, postage prepai.d, addressed as follows:
Karl Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
SAIDIS, SHUFF, FLOWER & LINDSAY
By:
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L1 copy
DONALD L. STONER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
Cu~BERLAND COUNTY, PENNSYLVANIA
vs.
NO. 99 - 2644 CIVIL
ROSALIE STONER,
Defendant
IN DIVORCE
TO: Johnna J. Deily
Attorney for Plaintiff
Diane G. Radcliff Attorney for Defendant
DATE: Tuesday, January 18, 2000
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
B
OR I F DISCOVERY IS NOT COMPLETE:
-
Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there a~e any outstanding
interrogatories or discovery motions.
, >,,' '. "., ':;"";'" ";',,,' : .<"" ;'>"i< ~",;,:";;~':';<,,->:,"-,:,;';~~,,,.:-:;J>:'::',~.::.'::,L\:,,::.. ,.::::C:,,<" \,<:.',: . ',,'.::',';.':<,:<:,,:., .' :" ',,',' ;,'....:: :'~
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
;2-(;,-07)
DATE
~~t~
COUNSEL FOR PLAINTIFF (
COUNSEL FOR DEFENDANT (
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING TSF.T DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
;:>".PTY NOT RE?RESE~!TED, CEP.TIE"Y TP.J>.T DISCOVEP.Y
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED I~1EDIATELY.
THE CERTEICATION DOCUMENT SHOULD BE RETURNED
TO THE MF.STER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHCVIN ON THE DOCUMENT.
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SAID IS, GUIDO
& MASLAND
~6 W. High SUet!
C.ulii(c, P.~
--,._._-.__._--_._--~
.
PRE-NUPTIAL AGREEMENT
This Agreement made this Jf~ day of
Me
1994, by and between DONALD L. STONER, SR. of Silver Spring
Township, Cumberland County, Pennsylvania, hereinafter STONER
A
N
D
ROSIE BIGELOIV, of Boiling Springs, Cumberland County,
pennsylvania, hereinafter BIGELOW,
WHEREAS, the parties intend to be married; and
WHEREAS, the parties to this Agreement intend and desire to
define the property which each party brings to the marriage, to
the end that such property will be designated and set apart as
the sole and separate property of the respective parties; and
WHEREAS, the parties intend and desire to determine the
distribution of any joint property in the event of their divorce
or annulment; and
WHEREAS, both parties to this Agreement have made to each
:/ other a full and complete disclosure of the nature, extent, and
~ probable value of all their property., estate and expectancy.
:/ NOW THEREFORE, in consideration of the marriage of the
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:1 parties hereto, and intending to be legally bound, the parties
'I agree as follows:
(1) All property and estate of the parties hereto of every
nature and wheresoever situate, including but not limited to the
p~operty set forth on Exhibit A which is attached hereto and made
a part hereof, and all property and estate hereafter acquired by
,. . )'"
_ 'PlAINTIfF'S.,.
, EXHIBIT' .
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SAID IS, GUIDO
& MASLAND
:6 W. Hieh Streel
Ca.rlililc. PA
each of the parties shall be and remain forever the individual
property and estate of the party so owning and acquiring it and
neither of the parties shall acquire any interest in the
individual property and estate of the other because of the
marriage relationship; and each shall hold and possess all such
property and estate as if he and she had remained unmarried,
(2) It is contemplated that the parties may acquire
property including, but not limited to, real estate, personal
property, bank accounts, brokerage accounts, stock, bonds or
other intangible personal property which upon agreement would be
.
titled jointly. The parties agree that in the event of divorce
or annulment in their marriage, all jointly owned property of
every nature and wheresoever situated, shall be divided equally
The parties acknowledge and agree that this I
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Each I
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shall claim any asset or any increase in value thereof, titled in I
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~ the separate name of the o~her, owned by the other, or separately:
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'I distribution shall be in lieu of equitable distribution pursuant
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to the Divorce Code now in effect or as hereafter amended.
party knowingly and voluntarily waives his or her right to
equitable distribution.
The parties further agree that neither
acquired by the other, either prior to or after the marriage,
(3 )
It is agreed by the parties that the separate estate,
properties, monies and credits of each party, whether currently
owned or hereafter aCQuired, (either before or after marriage)
shall not be considered marital property within the meaning of
the Divorce Code as now in effect or hereafter amended, but
rather shall be considered property excluded by valid agreement
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of the parties entered into before the marriage.. .Thip release
shall extend to any increase in value during the marriage of the
parties and to any right or claim to equitable distribution,
(4) The ~arties hereto further release each other from any
and all claims for s~ousal su~~ort, alimony, alimony ~endente
lite, counsel fees, costs and ex~enses,
(5) Each hereby forever releases, remises, discharges and
quitclaims the other and the estate of the other, for all time to
come and for all ~ur~oses whatsoever, from any action of any
nature whatsoever, in law or in equity, and forever releases,
remises, discharges and quitclaims the other and the estate of
the other, for all time to come, and for all ~ur~oses whatsoever,
of and from any and all rights, titles, interests or claims in or
against the other or in or to the real, ~ersonal and/or mixed
~ro~erty of the other and all rights of curtesy or dower, or
claims in the nature of curtesy or dower, or of widow's or
widower's rights and all rights, titles, interests and claims
i which he or she now has or ever may have in/or to the other's
estate, whether now owned or hereafter acquired, and all rights,
SAlDlS, GUIDO
& MAS LAND
~lS w. Hiel1 Street
Carlisle.PA
titles, interests and claims to take against the other's will or
~ under the Intestate Laws, or of family exemption or similar
I
allowance or all other rights of a surviving s~ouse to
participate in a deceased spouse's estate, whether arising under
the laws of (a) Pennsylvania, or (b) any state, commonwealth or
territory of the United States, or (C) any other country, and
each and every additional right, title and interest and claim or
right to any accounting he or she has or ever may have in the
-----'-- , , ,--.----~~'~~-'-:,;:..:....7..::.~~
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or, as ~toner's wife or widow or as Bigelow's husband or
widower, including any and all claims, demands, liabilities and
, .
obligations, whether arising out of the marital relationship or
any other matter or thing whatsoever, as well as each and every
additional right, title interest and claim he or she has or ever
may have against the other, his or her heirs, executor,
administrators and assigns, excepting only the obligations,
rights and claims imposed or enuring to the benefit of either of
the parties by reason of the terms of this Agreement.
(6) The parties do hereby warrant,'represent, acknowledge
and agree that each is fully and completely informed of, and
is familiar with, the wealth, real and personal property, estate
and assets, earnings and income of the other and that each has
made a full and complete disclosure to the other of his and her
entire assets and liabilities and any further enumeration or
statement thereof in this Agreement is specifically waived.
(7) _ Each acknowledges that he or she has read and
understands his or her rights and responsibilities under this
Agreement and that they have executed this Agreement under no
compulsion to do so but as a voluntary act.
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(8 )
!n the event that either party breaches any provision
SAlOIS, GUIDO
&< MASLAND
:6 W. Hi&h Slreet
Cariisle. PA
of this Agreement, and the ocher party retains counsel to assist
in enforcing the terms thereof, the parties he~eby agree that
breaching party will pay all attorney's fees, court costs and
expenses incurred by the other party in enforcing the Agreement.
(9) Each of the parties hereto further covenants and agrees
for himself a::d he::self and his or her hei::s, executors,
.. '.---_..
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SAIDIS. GUIDO
& MASLAND
26 W. Hiih Slreel
C.ulisle. PA
)
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adm~nistrators and assigns,
any time
hereafter 'sue the other party or his or her heirs,. ex.ec;utors,
administrators and assigns, for the purpose of enforcing any of
the rights relinquished under this Agreement.
(10) Both parties to this Agreement covenant and agree that
they shall willingly, at the request of the other party, or his
or her successors or assigns, execute, deliver, and properly
acknowledge whatever additional instruments may be required to
carry out the intention of this Agreement, and shall execute,
deliver and properly acknowledge any deeds or other documents in
order to effectuate this Agreement.
(11) This Agreement is entered into in consideration of
marriage, and its effectiveness is expressly conditioned on such
marriage; if, for any reason, the marriage does not take place
the Agreement will be of no force or effect.
(12)
Nothing herein shall preclude either party from naming i
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the other as the beneficiary and/or personal representative in
his or her Last Will and Testament.
(13)
It is specifically agreed and understood that Stoner
is being represented by Edward E. Guido, Esquire.
The parties
acknowledge that Bigelow has received no legal advice whatsoever
from the said Edward E, Guido.
The parties further acknowledge
that Bigelow was advised to seek her own counsel and has either
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(14 )
This Agreement constitutes the entire understanding
between the parties and there are no covenants, conditions,