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HomeMy WebLinkAbout92-1107ESTHER S. STONE, Plaintiff LEE NEAL STONE, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : //~)~ CIVIL 1992 : IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also 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 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, Cumberland County Courthouse, 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. Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, Pennsylvania 17013 (717) 240-6222 ESTHER S. STONE, Plaintiff LEE NEAL STONE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA CIVIL ACTION - LAW I~O~ CIVIL 1992 IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 201(c) OF THE DIVORCE CODE AND NOW, comes Esther S. Stone, the above-named plain- tiff, and by her attorneys, Irwin, Irwin & McKnight, Esquires, files this complaint in divorce against the defendant, Lee Neal Stone, upon the cause of action hereinafter set forth: The name of the plaintiff is Esther S. Stone name of the defendant is Lee Neal Stone. and the e The plaintiff is an adult individual currently residing in South Middleton Township, Cumberland County, Pennsylvania; her current address being 50 Bonneybrook Road, Carlisle, Pennsylvania 17013. The last known residence and defendant is Dade County, Florida; present whereabouts of the his current address being 14850 Southwest 280th Street, 30 Kings Path, Nomestead, Florida 33032. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. The plaintiff and defendant were married on 1954, in Winchester, Frederick County, Virginia 22601. May 26, e Pursuant to the Divorce Code, Section 201(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. e The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WNEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. I verify that the facts contained herein are true and correct. subject to to Date: I understand that false statements herein are made the penalties of 18 Pa. C. S. Section 4904 relating unsworn falsification to authorities. ~ -_'~sther S. Stone Plaintiff March ~, 1992 IRWIN, IRWIN & McKNIGHT M~c~-~l. 'Mc~i~g'h< II< Esquire Attorney f~r plaintiff 60 West Po~fret ~t~eet Carlisle, PL~l.~.y~F~'ania 17013 Supreme Court I. D. No. 2576 (717) 249-2353 3 ESTHER S. STONE, Plaintiff V$, LEE NEAL STONE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW CIVIL 1992 IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. 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: March ~ 1992 Plaintiff O0 H~;~, I(~0~] 0~. LAW OFFICES STEPHEN J. HOGG 401 E. LOUTHER STREET CARLISLE, PENNSYLVANIA 17013 (717) 245-2698 ESTHER S. STONE, : Plaintiff : : V. : : LEE NEAL STONE, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1107 CIVIL 1992 IN DIVORCE To the Prothonotary: Please enter my appearance for the Defendant, Neal Stone, in the above captioned Divorce action. Lee Date: Carlisle, PA 17013 (717) 245-2698 LAW OFFICES OF STEPHEN J. HOGG 401 E. LOUTHER STREET CARLISLE, PA 17013 IN THE COURT OF COMiMON PLEAS OF CL~BERLAND COUNTY, PENNSYLVANIA Esther S. Stone IN DIVORCE Plaintiff : Lee Neal Stone : NO. 1107 Civil 1992 MOTION FOR APPOINTM~NT OF MASTER Rm~hmr g. Stom~ (Plaintiff) (~O~C~, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimomy Pendants Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. (2) The defendant (has) (~) appeared in the action (personally) (by his att?rney, SteDhen J. Hock, Esquire ,Esquire). (3) The statutory ground(s) for divorce (is) (are) 201 (c) '. (4) Delete the inapplicable paragraph(~): ~'. (a) The action is not contested. (b) An agreement has been reached with respect to following claims: Divorce · ~ (c) The action is contested with respect to the following claims: A] 4n~rff. Distribution of Prooertv, ooUnsel fees, Costs & Expenses. (5) The action (involves) (does not involve) complex issues of law or fact. (6) The hearimg is expected to take (1) (~) (days). (7) Additional information, if any. relevant to t~e motion: Date: ×Att ey is appointed master wi:~a res.%ect to the ~ollowing claims: By %he Court: J ESTi~ER S. STONE, Plaintiff LEE NEAL STONE, Defendant IN THF~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1107 CIVIL 1992 IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also 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 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE ~ RIGHT TO CLAIM ANY OF TlqEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT RAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Fourth Floor 1 Courthouse Square Carlisle, Pennsylvania 17013 717-240-6200 ESTHER S. STONE, Plaintiff LEE NEAL STONE, Defendant : IN TIlE COURT OF COMMON PLEAS OF ; : CUMBERLAND COUNTY, PENNSYLVANIA ; CIVIL ACTION - LAW : NO. 1107 CIVIL 1992 : IN DIVORCE AMENDED COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301~c} OF THE DIVORCE CODE AND NOW comes Esther S. Stone, the above-named plaintiff, and by her attorneys, Irwin, Irwin & McKnight, Esquires, files this mended complaint in divorce against the defendant, Lee Neal Stone, upon the cause of action hereinat~er set forth: 1. The name of the plaintiff is Esther S. Stone and the name of the defendant is Lee Neal Stone· The plaintiff is an adult individual currently residing in Borough of Carlisle, Cumberland County, Pennsylvania; her current address being 532 Cherry Street, Carlisle, Pennsylvania 17013. 3. The last known residence and present whereabouts of the defendant is South Middleton Township, Cumberland County, Pennsylvania; his current address being 50 Bonnybrook Road, Carlisle, Pennsylvania 17013. The plainfiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 5. The plaintiff and defendant were married on May 26, 1954 in Winchester, Frederick County, Virginia 22601. 6. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment: a. Dissolving the marriage between the two parties; b. Equitably distributing all property, both personal and real, owned by the parties; c. Attorney fees and costs; d. Alimony; and e. For such other relief as your Honorable Court may deem equitable and just. I verify that the statements made in this Amended Complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities. ? Dated: September 15, 1993 IRWIN, IRWIN & McKNIGHT M'arcus~AMcKnlght, IH, Esquire Attorne~tiff 60 West Pomfret Street Carlisle, Pennsylvania 17013 717-249-2353 Supreme Court LD. No. 25476 ESTI~,R S. STONE, Plaintiff LEE NEAL STONE, Defendant : IN THE COURT OF COMMON PLEAS OF ; : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 1107 CIVIL 1992 ; IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: September 15, 1993 CERTIFICATE OF SERVICE I, Marcus A. McKnight, HI, Esquire, do hereby certify that I have served a true and correct copy of the Amended Complaint in Divorce by regular United States Mail postage prepaid mail in Carlisle, Pennsylvania, upon the following: Stephen J. Hogg, Esquire Minerva Mills Building 401 E. Louther Street, Suite 215 Carlisle, Pennsylvania 17013 Dated: September 17, 1993 ESTHER S. STONE, Plaintiff LEE NEAL STONE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1107 CIVIL 1992 PKAECIPE Please withdraw my appearance as counsel for the Defendant in the above captioned Divorce action. 17013 Please enter my appearance as counsel for the Defendant, Lee Stone,in the above ~tter. Dated ~- ~'~ Marcus M. McKnight, II1, E~quire Stephen I. Hogg, Esqulr~ Lee Stone Ruby D. ~ Weeks, Esquire Ten West High Street Carlisle, PA 17013 ESTHER S · STONE · LEE NEAL STONE, P~e£nt~f~ De~endant IN THE COURT OF COMMON P?,~S OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 1107 CXVXL 1992 INCOME AND EXPENSE STATEMENT OF LEE NEAL STONE DRO #15,240 I, LEE NEAL STONE and through his attorney, Ruby D. Weeks, Esquire, herewith files his Income and Expense Statement. I verify that the statements made in this Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. LEE NEAL E INCOME AND RXPENSE STATEMENT OF SSN 187-16-4255 DR# 15.240 DATE October 26, 1993 THIS STATEM~RT MUST BE FyT~.m~ OUT (If you are self-employed or if you are salaried by a buslneu of which you are in whole or in pan, you mu~t also fill out the Suvoleroental Income Statement which appears on the last page of this Income and Exoenae Statement,) INCOME (A) Wages/Salary Employer & Address RETIRED Job Title/Description Pay Period 0,V~My, Bi-wee~y, Mon~lD Gross Pay Per Pay Period . . . Payroll Deductions: Federal Withholding Social Security . Local Wage Tax State Income Tax Retirement . . Health Insurance Other (specify) . .$ NET PAY PER PAY PERIOD ..... (E) Other Income Interest/Dividends .... $ Pension/Annuity . (Rai~r~aA)[ . o Social Security (not available to him) Rents/Royalties ...... Expense Account ...... Gifts ....... -__._ Un.mplo ent CompensatiOn' . . . VA ......... 1,323.00 85.00 I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. S 4904 relating to unsworn falsification to authorities·/ LEE NEAL STONE, DEFENDANT EXP~q'SES Home Mortgage/Rent . . . Maintenance . utiliti.s (T.ie h;n;( 56 Heating($35)Electric($38) etc.) . Emplolament (Transportation, Lunches) ...... Taxes Real Estate ..... Personal Property .... Income vA/Railroad not W/H Automobile ....... Life/Accident/Health . . Other (Medicare) .... Automobile Payments, Fuel, Repairs) ...... Medical Doctor, Dentist, Orthodontist ..... Hospital ...... Special (Glasses,'Bra~es, etc.,) ...... Education Private, Parochial School College ......... Personal ......... Clothing ......... Food. other Barber, etc.,} ...... Credit Payments & Loans . (VISA) Miscellaneous Household Help/Child Care Entertainment (Papers, Booka, Vacation, Pay TV, etc.) ......... Gifts/Charitable Contributions .... Legal Fees. . . Alimony Payments. . . Other (Specify) . . . Total Monthly $. 170.00 .00 123.00 0.00 24.00 4.50 50.00 0.00 0.00 33.00 200.00 50.00 0.00 O. O0 0.00 0.00 20.00 150.00 18.00 50.00 62.00 100.00 200.00 0.00 0.00 Parent Monthly 170.00 .00 123.00 0.00 24.00 4.50 0.00 0.00 0.00 33.00 200.00 50.00 0.00 0.00 0.00 0.00 20.00 150.00 18.00 50°00 62.00 100.00 200.00 0.00 0.00 Child{ten) Monthly $ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TO~AL gXPENSES. 61,241.40 $ 1,241.40 $ 0.00 PROPERTY OWNED checking Accounts io o&n s' &redit'U~i~n' · o Real Estate . . . .... ~3~ PROPER~ DESCRIPTION DAFCU DAFCU $123010 DAFCU DAFCU $123010 VALUE $ 605.00 400.00 23,000.00 13,000.00 OWNERSHIP H W J INSURANCE COMPANY Hospital ..... Medical ...... Medicare Health/Accident . . Disability Income . . Other (Dental, etc.) . . (*H-Husband, W-Wife, J-Joint, C-Child) POLICY NO. COVERAGE H W C A 187-16-1455 %/ SUPPLEMENTAL INCOME STATEMENT A. This form must be filled out by a person who (check one): (1) operates a business or practices a profession; or (2) is a member of a partnership or joint venture; or (3) is a shareholder in and is salaried by a closed corporation or similar entity. B. Attach to this statement a copy of the following documents relating to the business, profession, partnership, joint venture, corporation or similar entity. (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. C. Name and address of business: Telephone Number D. Name and address (if different than C) of accountant, charge of financial records: controller or other person in (1) Annual income from business ........ (2) How often is income received? ........ (3) Gross income per pay period ......... (4) Net income per pay period ......... (5) Specific deductions if any ........... · $ · $ · $ · $ · $ BSTHER 8. STONE, PIsintiff LEE N. STONE, Defendant IN THE COURT OF COMMON pr.a~S OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 1107 CIVIL 1992 X~RY AND APPRAISEMENT st, LEg N. STONE LEE N. STONE files the following Inventory and Appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. LEE N. STONE verifies that the statements made in this Inventory and Appraisement are true and correct. LEE N. STONE understands that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. SUMMARY OF PRESKNT VA~UKS from Husband' s/W£fa's Tnvento~y & Ap~ra=sal ITEM VALUE AT VALUE AT IN WIFE'S Marital. Prmaerty - #aritaL Assets Previously Ofvided by Pertfes TOTAL Merkal Properly 0,00 0.00 0.00 #on-mariteL Pr~oerty, Wffe's TOTAL $92,44'3.00 $92,443.00 $91o843.00 Lee N. Stone Page 2 of 13 pages November 1, 1993 ITEM VALUE AT VALUE AT DATE OF PRESENT SEPARA~ON ~600.00 $2,500.00 $40,100.00 $30,100o00 $0~00 $30o700.00 $224,988.00 ~122,543.00 $91843:00 $30,700.00 Lee N. Stone Page 3 of 13 pages November 1, 1993 ASSB~S OF PARTIES ( ) Plaintiff (%/) Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (%/) 1. Real Property (%/) 2. Motor Vehicles ( ) 3. Stocks, Bonds, securities, end options 4. Certificates of Deposit ( ) 16. Employment termination severance pay, workman's compensation claim/award ( ) 17. Profit Sharing Plans ( ) (%/) (%/) 5- Checking Account, Cash ( ) (%/) 6. Savings Accounts, Market, and Savings Certificates Accounts ( ) 18. Pension Plans (indicate employee contribution and date plan vests) 19. Retirement plans, Individual Retirement Certificates 20. Disability payments 7. Contents of Safe Deposit ( ) Box 8. Trusts (%/) 9. Life Insurance Policies ( (indicate face value, cash surrender value and current ( ) beneficiaries) 10. Annuities (%/) 11. Gifts 12. Inheritances 21. Litigation claims (matured and unmatured) 22. Military/V. A. benefits 23. Education benefits 24. Debts due, including loans, mortgages held 25. Household furnishings and personality (include as a total category and attach itemized list if assets are in dispute) ( ) 26. Other 13. Patents, Copyrights, Inventions, Royalties distribut- ion of such 14. Personal Property Outside the home 15. Businesses (list all owners) Lee N. Stone Page 4 of 13 pages November 1, 1993 MARITAL PROPERTY Husband contends the parties previously divided all marital property between themselves, with Wife receiving $91,843.00 (75%) and Husband receiving $30,700.00 (25%) in value. Lee N. Stone Page 5 of 13 pages November 1, 1993 CD 0 ~o0 O~ rio 0 .-,4.1 o o~ ~o ° ~ 0 m 0 0 0 0 0 0 ~m 0 0 0 0 .p ESTHER S. STONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 1107 CIVIL 1992 : LEE NEAL STONE, : Defendant : IN DIVORCE THE MASTER: The parties and counsel have returned after a break to resume the discussion on the issues outstanding in the pending divorce proceedings. We have had both parties offer testimony on the issue of income of wife and each party has reviewed their respective incomes and expenses and we have had the testimony of one of the children of the parties. After continuing discussions, the Master has been advised by counsel and the parties that they have come to an agreement with respect to all of the issues and in particular the alimony issue which has been the one issue that has been under scrutiny here today. Counsel are going to place on the record in the presence of the parties the entire agreement of the parties with respect to all of the issues. It is understood that the agreement as placed on the record will be considered the substantive agreement of the parties and after it has been stated on the record will not be subject to any modification or change except for any typographical errors made in the transcription. The parties and counsel are going to return later this afternoon to review the draft for any errors in the transcription and then after the agreement is approved we will have the parties and counsel affix their signatures. The Master will then vacate his appointment and counsel will then be in a position after the Court has vacated the Master's appointment to file the praecipe to transmit the record to the Court requesting a divorce decree. Counsel have indicated that they will file their respective client's affidavits of consent this date. Mr. McKnight. The parties agree that they have distributed the jointly owned marital property and that wife has waived all claims which she has for any property which the husband has received; likewise, the husband waives all claims which he has to any of the property being cash or personal property which the wife has received. Each of the parties agree to be responsible for their own debts which they have each acquired and hold the other harmless from any claim regarding those debts, being motor vehicles or credit cards or any other debt which they have been obligated to pay. Husband waives any claim which he has to the proceeds of the litigation filed by wife on her own behalf. Said litigation has been filed in Cumberland County, Court of Common Pleas, Case No. 4106 Civil 1993 and husband likewise waives any claim he has to any class action suit involving the same claims which the wife may be a part of, filed in various federal courts across the country. The subject matter of this litigation involves certain implants which the wife received through the marriage but which illness occurred after the parties had separated. The parties have agreed that husband shall pay to wife $400.00 per month as alimony. Said amount shall be modifiable upon a change in circumstances and will terminate upon wife's remarriage, death, or cohabitation with a person of the opposite sex. Wife's receipt of any settlement benefits in her suit docketed to No. 4106 civil 1993 Cumberland County, Court of Common Pleas or in any federal class action suit to which she may be a party will be a circumstance which would require wife to disclose to husband within ten (10) days of the settlement any proceeds which she is to receive. This information shall be considered in any request by the husband for subsequent modification of the alimony award. The parties agree that the husband shall pay $500.00 to wife's attorney for partial payment of her attorney fees and that he shall do so within ten (10) days of the entry of a decree in divorce. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation dower, curtesy, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. MR. McKNIGHT: Esther Stone, you've heard the terms of the agreement reached with your husband, Lee Neal Stone, do you agree to those terms? MS. STONE: Yes. MR. McKNIGHT: You've been present throughout the proceedings today and you understand all that's occurred? MS. STONE: Yes. methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Attorney for Defendant Lee Neal Stone ESTHER S. STONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 1107 CIVIL 1992 LEE NEAL STONE, : Defendant : IN DIVORCE ORDER OF COURT AND NOW, this ay of , 1994, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on May 19, 1994, the date set for a Master's hearing, the agreement and stipulation having been transcribed and subsequently signed by the parties and counsel, the appointment of the Master is vacated, and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. cc: :tjb Marcus A. McKnight, III Attorney for Plaintiff Ruby D. Weeks Attorney for Defendant BY THE COURT, ESTER So STOI~, Pla£nti£f LEE N. STONE, Defendant IN THE COURT OF CO~ON PLEAS OF CUMBERLAND COUNTY, PI~INsY'r_.,VANIA CIVIL ACTION - LAW IN DIVORCE NO. 1107 CIVXL 1992 MOTION TO WITHDRAW AND NOW CO~ES, Ruby D. Weekg, Esquire, attorney of record in the above matter for Defendant, Lee N. Stone, and says the following= 1. Defendant, Lee N. Stone, retained the services of Ruby D. Weeks, Esquire, on or about Auqust 5, 1993. 2. Defendant, Lee N. Stone, expressed his desire to discharge Ruby D. Weeks as counsel as of May 11, 1995. 3. The attorney/client relationship has completely broken down. WHEHEFORE, Ruby D. Weeks, Esquire, requests Your Honorable Court to issue a Rule upon Defendant, Lee N. Stone, to show cause why counsel should not be permitted to withdraw. Respectfully, Ruby D. Weeks, Esquire Attorney for the Defendant 10 West High Street Carlisle, Pennsylvania 17013 (717) 243-1294 COMI'4OI'~LTH OF PENNSYLVANX& t t COUNTy OF CU~BEltLAND t Person&lly appeared before me, A Notary Public in and for the Co~onwe&lth and County aforesaid, the under-e£gned, being duly sworn according to l&w, deposes end says that the facts set forth in the foregoing Motion to Withdraw are true and correct. Sworn to and subscribed to before me this /~ day ~ IdAJ~i~LYM A. LAPATO;'NoI~ef PuI~c ~ ESTu~H So STONE, : Pla£nt£ff : L, BH N. STONE, : Defendant : IN THE COUNT OF COMMON PLI~S OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 1107 CIVIL 1992 RULE TO SHOW CAUSE WHY COUNSEL FOR DEFENDANT SHOULD NOT BE GRANTED LEAVE TO WIT~uRAW APPEARAHCH ' , E', upon consideration of the foregoing Petition for Leave to Withdraw Appearance, the Court grants a rule to show cause why the appearance of Ruby D. Weeks, Esquire, on behalf of Defendant, Lee N. Stone, should ngt ,b~allgwed to be withdrawn. Rule returnable on ~/~,~-~_~L~~ ~ -~ '.m~ ~_./~ /~lvan~a.~Service to be made by Defendant's counsel on Defendant by certified mail promptly within three (3) days of th£s order. Ail proceedings to stay meanwhile. ESTHER S. STONE, Plaintiff vs. LEE N. STONE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE 92-1107 CIVIL TERM AFFIDAVIT OF BERVICE BY MAIL PURSUANT TO PA R.C.P. 1920.4 COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : I, RUBY D. WEEKS, ESQUIRE, Attorney for LEE N. STONE, being duly sworn according to law, depose and say that a true and correct copy of the RULE TO SHOW CAUSE WHY COUNSEL FOR DEFENDANT SHOULD NOT BE GRANTED LEAVE TO WITHDRAW, was served on MARCUS A. McKNIGHT, III, ESQUIRE, at 60 WEST POMFRET STREET, CARLISLE, CUMBEP/2~ND COUNTY, Pennsylvania, 17013, by mailing the same to him by certified mail, restricted delivery, No. Z 719 952 601, on October 23, 1995. Service was accepted on october 24, 1995. Sworn and subscribed to before Re this ~ day Ruby D. Week~, Esquire May 12, ~997 ATTOSNI"Y AT LAW TELEPHONE 717-243- t 294 TEN WEST HIGH STREET CARLISLE, PENNSYLVANIA 170!3'2955 october 25, 1995 Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 RE: Stone v. Stone I am, by this letter, serving you a true copy of the RULE TO SHOW CAUSE WHY COUNSEL FOR DEFENDANT SHOULD NOT BE GRANTED LEAVE TO WITHDRAW APPEARANCE which I filed with the Court on October 18, 1995. 'The Rule will be return&bls on October 31st. If you have any questions concerning this, please call my office. Sincerely, Ruby D. Weeks, Esquire RDW:mal Enclosures: as noted above c: ~ee Stone Certified Mail No. Z 719 952 601 Z 719 95P 601 Receipt for Certified Mail No Insurance Coverage Provided ~II~ Do not use for International Mail (See Reverse) P O, St te and ZIP Code ~'""'** ItO ESTHER S. STONE, Plaintiff vs. LEE M. STONE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE 92-1107 CIVIL TERM AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA R.C.P. 1920.4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, RUBY D. WEEKS, ESQUIRE, Attorney for LEE N. STONE, being duly sworn according to law, depose and say that a true and correct copy of the PRAECIPE TO WITHDRAW, was served on LEE N. STONE, at 321 West Penn Street, Carlisle, PA 17013, Pennsylvania, by mailing the same Co him by certified mail, restricted delivery, No. Z 719 952 603, on October 23, 1995. Service was accepted on October 24, 1995 . Sworn and subscribed to before_me this ~-~day - of , 19 D. Week~, Esquire NOTAriAL ~AL I~YI.YN A. LAPATO, Nc~m~ ~ ~ Cumbedm~ Cour~y RUBY D. WEEKS, ESQUIRE ~ , TEN WES7' HIGH STREET CARLISLE, pE[~jS'FL'FANIA 17013-2955 1717) 243-1294 ~ Plaintiff Defendant IN THE COURT OF COHMOW PLEAS OF CUHBEP, IJ~'qD COUNTY, PRNNSFL*¥ANIA NO. 1107 CIVIL 1992 RULE TO gSOW CAUSE WHY COUNSEL FOR DEFENDANT ~ROULI) October 23, 1995 Harcue A. HcKnlght, III, Esquire 60 West po~ret street C&ri£ele, PA 17013 REt Stone Ye Stone ~ ~ by this letter, serving you a true copy O~ the R~LK TO SHOW CAUS~ WHY CO~SEb FO~ DRFEND~NT S~OULD NOT BE ~3%NT~O LEAVE TO W~HD93%W ~P~E[%~E which ! filed with the Court n~ October 1S, 1995, 'The Rule will bo zm%~r~&ble on OctOber 31et. If you have any queatio~s concernln~ this, please call my office. SincerelY, Ruby D. Weeks, Esquire ATTORNEY AT LAW TELEPHONE ?17-243-1294 TEN WEST HIGH STREET CARLISLE, PENNSYLVANIA !7013-2955 October 23, 1995 Mr. Les stone 321 West Penn Street Carlisle, PA 17013 RE= Stone v. Stone I am, by this letter, serving you a true copy of the RULE TO SHOW CAUSE WHY COUNSEL FOR DEFENDANT SHOULD NOT BE ORANTED LEAVE TO WITHDRAW A~PE~RANOE which I filed with the Court on October 18, 1995. The Rule will be returnable on October 31st. If yOU have any questions concerning this, please call my office or stop in and sign the praecipe authorizing my withdrawal. RDW:mal Enclosure: as noted above Sincerely, Ruby D. Weeks, Esquire Certified Mail NO. Z 719 952 603 I also wish to receive the following .mvice. (fo~ an exa'a ~ fee): 1 [] Add~e~ee'l A~ 2. [] Restdet~l ~;~ F~ ~1 1, Decem~r 1991 ~.[~t~ ~MESTIC R~ Z 719 952 bD3 Receipt for Certified Mail No Insurance Coverage Provided ~,~,~ Do not use for International Mail (See Reverse) P.O., ~te vd imp Postage ce~gied Fee Special ~livery Fee Return R t Whom, Plaintiff LEE N. STONE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBEPtLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 1107 CIVIL 1992 PRAECIPE TO WITHDRAW TO THE OFFICE OF TEE PROTHONOTANY~ Please withdraw the appearance of Ruby D. Weeks, Esquire as counsel in the above captioned divorce action. Attorney for Defendant Marcus A. McKnight, III, Esquire E. Robert Elicker, II, Master in Divorce Lee N. Stone I agree to the withdrawal of Ruby D. Weeks, Esquire as my counsel in this divorce matter. Lee N. Stone Defendant LRB N. Defendant IN THE COURT OF CO~qON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - ~W IN DIVORCE NO. 1107 CIVIL ___ ORDER ~ ,~D ~o~, th~. 3) day o, ~ ~, ~9~1 ,u~o~ ~o~.~.~.~,o~ of tho verified Petition of Defendent'~ Counsel For Leave 2o W~thdrlw, ~Lt'~l ho=shy O~E~D and DEC~ED that sa~d pet~t~on'~8 G~TED and that pot~tio~or~ Ruby D. Weeks, Esquire, be permitted to w~tbdraw her appearance of record fo= the defendan, In the above matter. /~4 ~ &/ J.