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Home My WebLink About03-3464 LEE N. STONE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~ No. 03 ..3'1",/ CivilTerm vs. ESTHER S. STONE, Defendant : ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you 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. Where the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 LEE N. STONE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 0 j ~ .3~ (,'1 Civil Term ESTHER S. STONE, Defendant ACTION IN DIVORCE COMPLAINT IN DIVORCE I. Plaintiff is Lee N. Stone, a competent adult individual, who has resided at 41 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania, since 2000. 2. Defendant is Esther S. Stone, a competent adult individual, who has resided at 617 Stadium Drive, Bellewood, Pennsylvania, since 2000. ) G L \l 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on May 26, 1954 in Winchester, Virginia. 5. There has been one prior action of divorce between the parties, in Cumberland County, Pennsylvania, docketed at 1107 Civil Term 1992; however, this case was purged and dismissed without entry of a final Decree in Divorce. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have children together; however all are adult individuals. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. &~114~ Lee N. Stone, Plaintiff Respectfully submitted, Date: 7, ~/'6 J e Adams, Esquire .D. No. 79465 36 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ~~~~ ...0 . ~ ?-p',," CJ\C)f - :c o~~ 0. ~ ~ -c:. ~ ~ t . (, ", .. ^-.,J u: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03- 34 (p Lj Civil Term LEEN. STONE, vs. ESTHER S. STONE, Defendant ACTION IN DIVORCE AFFIDAVIT OF SEPARATION I. The parties to this action separated in 1991 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 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. 94904 relating to unsworn falsification to authorities. Date: 7- / ?~ /) :3 7~/)~ Lee N. Stone, Plaintiff Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA LEE N. STONE, vs. : No. 03 - 3464 Civil Term ESTHER S. STONE, Defendant : ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this September 22, 2003, I, Jane Adams, Esquire, hereby certifY that I caused a certified true copy ofthe NOTICE TO DEFEND, PRAECIPE TO REINSTATE, AFFIDAVIT OF SEPARATION, AND COMPLAINT IN DIVORCE, to be served on the following Defendant at the following address, via hand-delivery, delivered personally by Thomas P. Chathams on September 12,2003: Esther S. Stone 617 Stadium Drive Apt #211 Bellwood, Pa. 16617 DEFENDANT Respectfully Submitted: ~A_~' J.D. o. 79465 36 uth Pitt Street C isle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF Affidavit of Process Server IN THE COURTOF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA (NAME OF COURT) LEE N. STONE PLAINTIFF/PETITIONER VS ESTHER S. STONE DEFENDANT/RESPONDENT 03-3464 CIVIL TERM CASE NUMBER I. Ih.Qrn_~ll.f'.J::I1"!h.!lmS_________. ___, being IIrst duly sworn, depose and say: that I am over the age 0118 years and not a party to this action, and that within the boundaries of the state where service was effected, I was authorized by law to perfonn said service. Service: I served _1;,~Itl.EB.JL~IQ1tl;,_____ ____ ___ ______ ______ NAME OF PERSON / ENTITY BEING SERVED with (list documents) Complaint in Divorce, Praecipe to Reinstate, & Affidavit 01 Seperation by leaving with Esther S. Stone N/A NAME RELATIONSHIP Residence 617 Stadium Dr. Apt.# 211 Bellwood, PA 16617 ADDRESS CITY / STATE At Business ADDRESS CITY I STATE On 11 September 2003 DATE AT 7:25 P.M./1925Hrs. Local ED.T. TIME Thereafter copies of the documents were mailed by prepaid, first class mail on N/A Irom N/A DATE CITY STATE ZIP Manner of Service: o Personal: By personally delivering copies to the person being served. o Substituted at Residence: By leaving copies at the dwelling house or usual place 01 abode 01 ~ ,Pflrson being served with a member of the household over the age 01 LL and explaining the general nature 01 the papers. D Substituted at Business: By leaving, during office hours, copies at the office 01 the person/entity beirig served with the person apparently in charge thereof. D Posting: By posting copies in a conspicuous manner to the front door of the person/entity being served. DNon-service: After due search, careful inquiry and diligent attempts at the addressees) listed above, I have been unable to effect process upon the person/entity being served because of the following reason(s): o Unknown at Address[]Moved, Left no FOIW8fdillQ DService Cancelled by Litioant [JUnable to Serve in Timely Fashion o Address Does Not Elist 0 Other Service Attempts: Service was attempted on: (1) DATE (2) TIME DATE TIME (3) (4) _ (5) DATE TIME DATE TIME DATE TIME Approximate Description:. AgeE-SexE.._RaceJIY..._Height~ 6"_Weight~___HairGrey Beard~Gla ses Yes .~---- _aij_' Oc,.,. "....,:c".- """"","" ..- IIi rI" NOTARY PUBLIC forth. stale of PennsYlv~~ SS SERVER SUBSCRIBED AND SWORN to belore me this JL-_day of _Septe.!!'b~_ Notarial Seal Monica Crilly, Notary Public City of Altoooa. Blair Coualy My Co~on Expires AU8- n. 200S Memne- pennSVI\f8",aAssociationofNotarles c FORM 2 NATIONAL ASSOCIATION OF PROFESSIONAL PROCESS SERVERS 8 ;:: -0 Cf' mfT, Z::J::- ",&,t; "'C,c, r:: l"'-' :.:::- ~q ~c ~C -7 ~ ~,t) '11 ''0 l'..) \D C'J -n , "" (.=J 'j'( ),~ ~~~~; \.-' :;,~ ~D -< .' Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEE N. STONE, CIVIL ACTION LAW vs. NO. 03-3464 Civil Term ESTHER S. STONE, Defendant. ANSWER AND COUNTER-CLAIM TO DIVORCE COMPLAINT Filed on behalf of the Defendant Counsel of record for this party: Michael J. Adams, Esquire Attorney LD. #66755 GOLDSTEIN, HESLOP, STEELE, CLAPPER. OSWALT & STOEHR 414 N. Logan Boulevard Altoona, PA 16602 (814) 946-4391 IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY LEE N. STONE, .vs- No. 03. 3464 Civil Term ESTHER S. STONE, Defendant. CNIL ACTION LAW IN DNORCE ANSWER AND COUNTER- CLAIM TO DIVORCE COMPLAlNl: NOW comes the Defendant, ESTHER S. STONE, by and through her attorneys, Goldstein, Heslop, Steele, Clapper, Oswalt, & Stoehr and files the following Answer and Counter-Claim to Plaintiffs Complaint in Divorce: ANSWER Count I - Divorce 1. Admitted in part. Defendant admits that Plaintiff is an adult individual. Defendant IS without sufficient information with regard to Plaintiff s competency or his current residential address and thus strict proof of same is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Defendant is without sufficient information as to what the Plaintiff has been advised and thus strict proof of the same is demanded at time of trial. 7. Admitted. .- 8. Admitted 9. Admitted 10. No responsive pleading is required. Strict proofis demanded at the time of trial. WHEREFORE, Defendant respectfully requests this Honorable Court not enter a Decree in Divorce until all matters raised in Defendant's Counter. Claim have been fully adjudicated. DEFENDANT'S COUNTER-CLAIM IN DIVORCE Count II. REOUEST FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER 23 PA. C.S.A. 3502 OF THE DIVORCE CODE 11. Paragraphs 1 through 10 are incorporated by reference as if set forth at length herein. 12. Defendant/Counter-Claimant avers that the parties have legally and beneficially acquired property, both real and personal, during their marriage from May 26, 1954 until their separation on or about January 1991. 13. Defendant/Counter-Claimant and Plaintiff have been unable to reach agreement regarding the equitable distribution of said property. WHEREFORE, Defendant/Counter.C1aimant respectfully requests this Honorable Court to enter an Order equitably dividing, distributing and/or assigning the marital property ofthe parties. Count III. ALIMONY 14. Paragraphs 1 through 13 are incorporated by reference as if set forth at length herein. 15. Plaintiff was formerly employed full-time with the Pennsylvania Railroad and Comail and .' has acquired a significant pension benefit through his years of services. 16. Throughout the term ofthe marriage Defendant Counter/Claimant worked outside the home on a very limited basis. Her primary function during the marriage was to care for the children of the marriage, Plaintiff s children from a previous marriage, perform dom(:stic chores, and maintain the marital residence. 17. Defendant/Counter.Claimant is 72 years of age, unemployed, and resides in a low income senior citizen facility. 18. Defendant/Counter-Claimant's sole sources of income are from spousal support payments made by Plaintiff and benefits from Plaintiff s railroad pension. 19. Once the final decree in divorce is entered, Plaintiffwill no longer have the obligation to make spousal support payments to the Defendant/Counter.Claimant. Further, upon termination of the marital relationship the Defendant/Counter-Claimant will loose a significant portion of the railroad retirement pension without any additional income to offset the aforesaid loss. 20. Due to the financial circumstances as set forth above, Defendant/Counter-Claimant will be unable after the time of the divorce to adequately support herself and will require the continued financial assistance of Plaintiff. WHEREFORE, Defendant/Counter-Claimant respectfully requests this Honorable Court to enter an Order awarding her Alimony. Count IV. ALIMONY PENDENTE LITE 21. Paragraphs 1 through 20 are incorporated by reference as if set forth at length herein. 22. Due to the financial circumstances as previously set forth, Defendant/Counter- Claimant requires support for herself during the pendency of the divorce action and related claims. WHEREFORE, Defendant/Counter-Claimant respectfully requests this Honorable Court to enter an Order awarding her Alimony Pendente Lite. Count V. COSTS AND COUNSEL FEES. 23. Paragraphs 1 through 22 are incorporated by reference as if set forth at length herein. 24. Defendant/Counter-Claimant, is without sufficient fimds to support herself during the pendency ofthis action and to incur expenses, costs, and legal fees to properly defend herself in connection therewith. WHEREFORE, Defendant/Counter-Claimant respectfully requests this Honorable Court to enter an Order awarding her costs and counsel fees in an amount deemed reasonable by the Court. Respectfully submitted: GOLDSTEIN, HESLOP, STEELE, CLAPPER, OS T, & STOEHR BY: Micha . Adams, Esquire Atto y for Defendant PA LD. # 66755 ." VERIFICATION I, ESTHER S. STONE, hereby verify that the foregoing averments of fact in the Answer and Counter-Claim in Divorce are true and correct and are based upon my personal knowledge, information or belief. I understand that these averments offact are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~L ~ ~7~o. ESTHER S. STONE ';7-- ~ 1~ Date 158 - CERTIFICATION OF SERVICE I. Michael J. Adams, Esquire, attorney for the Defendant/Counter-Claimant herein, Esther S. Stone, hereby certify that a certified copy of the foregoing Answer and Counter-Claim was served the 29th day of September, 2003 by United States First Class Mail postage prepaid to the following: Michael . dams, Esquire Attorne for Defendant/Counter.Claimant Attorney I.D.# 66755 g :s: -oeD t:>;)L',', ~'- V5~~ ~c, >r, Z- ~~-l <;.:'- .vc: :z =< ~ .... C:J (,...,~- ,:/') ,...-, "0 o -n ~ ;:-: ~) ::q 'Cr (jC) .,."1-, ,. ::D ":JC) ~-~m -, 1J -< :~,) I:::> :,.. ~....." --""'" ::> ..,J LEE N. STONE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 3464 CIVIL ESTHER S. STONE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 21,2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of the final Decree in Divorce after service of notice of intention to request entry of the decree. 1 VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 AUTHORTIES. :5-- Ie- - D S DATE: g:~TO:/ - ,f/~ LEE N. STONE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA vs. NO. 03 - 3464 CIVIL ESTHER S. STONE, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301lCl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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 THE FOREGOING 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 AUTHORTIES. " >- / S- - 0 5>---' DATE: ~( ,,';--/7j' . .. __(.L- ill ",' "~I LEE N. STONE I LEE N. STONE, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA vs. NO. 03 - 3464 CIVIL ESTHER S. STONE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 21,2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the f1Iing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 AUTHORTIES. .... :(./5" . DATE: ~.:J ( \ '--,.. /,' \ EST~J ~6~T~Nt~C:tytCJ< ~~ ~ -------~.... . LEE N. STONE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 3464 CIVIL ESTHER S. STONE, Defendant IN DlVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301lCl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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 THE FOREGOING 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 AUTHORTIES. ( 7 I..V '1"-. , ~ '..;-. L/ DATE: i:'.-1 /- / I I . / ._// \i / 1\ !\~ / - 1 ';-----.) L;:>-?/ ;-. ~",:.<-t[/// .....[ .' '-/<:~-' ESTHER S. STONE i \ ',-., LEE N. STONE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 3464 CIVIL ESTHER S. STONE, Defendant IN DIVORCE ORDER OF COURT AND NOW, this /5 tV day of 2005, the parties and counsel having entered and stipulation resolving the economic issues on July 11, 2005, the date set for a conference, 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. BY THE COURT, G"O~ cc: Jane Adams Attorney for Plaintiff Esther S. Stone Defendant ~ /7VI~ ? /j. () s' l'tu-. c.~ - p.-- C)- \:ilN'.;./t;\,l,.;:~\I- \'-!.:Jd IINi,,^,,,',e""n" ^..tJ' L.: I ,.' -<I,\'~ V zs :01 H~ ~ llllf snUl I\dV1GNCcU.C8d 3H.L :\0 j8\:UO-Q31\:\ , , " , , " LEE N. STONE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 3464 CIVIL ESTHER S. STONE, Defendant IN DIVORCE THE MASTER: Today is Monday, July 11, 2005. This is the date set for a conference in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Lee N. Stone, and his attorney Jane Adams, and the Defendant Esther S. Stone. Ms. Stone was previously represented by Michael J. Adams who has not appeared today. However, Ms. Stone has indicated that she is satisfied to proceed without Mr. Adams' assistance and presence. A complaint in divorce was filed on July 21, 2003, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. With respect to the grounds for divorce, both parties previously signed affidavits of consent and waivers of notice of intention to request entry of divorce decree which were dated March 18, 2005, and filed with the Prothonotary on same date. Therefore, the divorce can conclude under Section 3301(c) of the Domestic Relations Code. An answer and counterclaim were filed in the action on behalf of the Defendant on September 30, 2003. 1 The counterclaim raised economic issues of equitable distribution, alimony, alimony pendente lite and counsel fees and costs. The parties were married on May 26, 1954, and separated in January 1991. There were two children born of the present marriage. The parties have appeared in the Master's office previously to discuss an economic resolution of this case and after some inquiry with the railroad retirement people by attorney Jane Adams and further discussion today with respect to the benefits that can be derived from the railroad retirement, and also based on Mr. Stone's offer of alimony, the parties have reached an agreement with respect to all of the issues. The parties are going to return later today to review the agreement that we are going to place on the record. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. When the parties return later today they will review the agreement for typographical errors and will make any corrections as necessary. In any event, when the parties leave the hearing room today they are bound by the terms of this agreement even though there is no subsequent 2 signing of the agreement affirming the terms of settlement. The parties, when they return, will review the agreement and are asked to sign the agreement affirming the settlement we are going to place on the record. Upon receipt by the Master of the completed agreement, the Master will prepare an order vacating his appointment and counsel for husband can file a praecipe transmitting the record to the Court requesting a final decree in divorce. Ms. Adams. MS. ADAMS: The parties agree as follows: 1. Upon finalization of the divorce Mr. Stone will agree to continue paying alimony in the amount of $525.00 per month effective immediately upon the entry of the divorce decree. Spousal support shall stop irrmediately upon the entry of the divorce decree. The alimony shall continue to be paid through the Cumberland County Domestic Relations Office. Alimony shall continue until the death of either party or the cohabitation or remarriage of the Defendant. 2. Under the terms of this agreement, Ms. Stone waives any claim for legal fees. 3. Wife waives any claim regarding tJ:r. Stone's survivorship benefits; however, the parties agree that Ms. Stone will retain any Tier I benefits that she is entitled to under the pension upon husband's death. 4. Ms. Stone waives her claim for equitable distribution. 5. 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, 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 3 advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. ADAMS: Mr. Stone., have you heard the terms of the agreement? MR. STONE: Yes. MS. ADAMS: Do you understand the terms of the agreement? MR. STONE: MS. ADAMS: into this proposal? MR. STONE: MS. ADAMS: MR. STONE: I think so. Do you voluntarily agree to enter Right. Do you have any other questions? No. THE MASTER: Ms. Stone, you are here by yourself today? MS. STONE: No, I've got God's angels around me but no attorney. THE MASTER: All right. But you are satisfied to proceed with God's angels but not have an attorney present? MS. STONE: Yes. THE MASTER: You understand what was placed on the record as the agreement? MS. STONE: The only thing I don't understand 4 is I was awarded -- the last time we talked to you I was awarded the cemetery lot where my son is buried. That continues to be mine, right? THE MASTER: Is that right? MR. STONE: As far as I know. THE MASTER: You are not making any claim to the cemetery lot that she is talking about? MR. STONE: I already took care of everything at the cemetery. My funeral thing is all paid for. THE MASTER: Okay. Does that answer your question? MS. STONE: That's fine. THE MASTER: Do you understand the agreement that we placed on the record? MS. STONE: I think so. THE MASTER: Do you have any questions about it other than what you just asked? MS. STONE: No. I asked what I needed to ask. 5 THE MASTER: And you are satisfied to have this agreement the final agreement between you and your husband regarding all of the economic issues relating to the divorce? MS. STONE: Yes. I'm grateful. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Jj ne Adams ttorney for Plaintiff 7 //D~ ,L- r7.4~ Lee N. Stone 7-//-bF 6 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA LEE N. STONE, vs. : No. 03 - 3464 Civil Term ESTHER S. STONE, 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: I. Ground for divorce: irretrievable breakdown under 9330 I ( c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Served via constable, on September 12, 2003. 3. Date of execution of the affidavit of consent required by 3301(c) ofthe Divorce Code: By Plaintiff: March 18,2005. By Defendant: March 18, 2005. 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: March 18,2005. Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: March 18,2005. Date: :7!Jrc /OS- Jan Adams, sqUIre tD No. 79465 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff C) r-) t..~ fj~ CJ -'h .-t In r'....) co c.." .t=" . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS Esther S. Stone, Defendant . Lee N. Stone, Plaintiff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VERSUS AND NOW, DECREED THAT AND OF CUMBERLAND COUNTY STATE OF PENNA. No. No. 2003 - 3464 Civil Term DECREE IN DIVORCE yiJ~ .J Lee N. Stone -,. ..",.,- ,(~ , IT IS ORDERED AND PLAINTIFF, Esther S. Stone 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; None; The settlement agreement executed by the parties on July 11, 2005, before the By TH Divorce Master shall be incorporated but not mergedjPttrtli[sD . '; " - . P. . . ~ "' ~.:: ~ .' '- . ~'. ~ , .- \". '\ ~ - ... -' ............. . -.;, -, -' " ,-' . / .... .-~- '- ... .............. -" "q, - ... ;...~.. -,.. ... - ~.......""- 0000000, '- ,. ~oooooo ATTEST:!!~_ / PROTHONOTARY . . . . . .'t;'f'f . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . .' .,h 7 ~ 0/'" 9 )-5 ~ fr F ~.~f"l 511 51- - Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LEEN. STONE, vs. No. 03 - 3464 Civil Term ESTHER S. STONE, Defendant ACTION IN DIVORCE JOINT MOTION FOR ENTRY OF ALIMONY ORDER AND NOW, this ~ day of Al/~ ,2005, come the above.named parties and jointly move this court to enter the attached Order for the Payment of Alimony to implement a provision of their Agreement of the Parties made on July 11,2005 before the Divorce Master. /hi /J .~ l.,"'~ Lee Stone, Plaintiff 4 J Spring Garden Estates Carlisle, Pa. 17013 - f:iL~~k Esther S. Stone, Defendant J6 South Enola Dr. Apt 308 Enola, Pa. 17025 /J I~..... :t. /, / I" <> ) / .. ,. ~ .c/VLu../ Witness , ~~ co) ......., r-> = l::::.:l "-" ::;>> c: C"";.. c.> o s:?, :r!" rnF -nrrl :by k. ::c:i" >:40 ':~n( J .,..-4 .~ tJ:l '-< ~ ::.1:: \.:9 o OJ - Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 'd- LEE N. STONE, vs. No. 03 - 3464 Civil Term RECEiVErJ AUG Z 1 :005 r ESTHER S. STONE, Defendant ACTION IN DIVORCE ORDER FOR PAYMENT OF ALIMONY AND NOW, this {)hay of )(:2 , 005, upon the joint motion of Plaintiff and Defendant, and to implement a provision of the Agreemen 0 e Parties, entered on July II, 2005, before the Divorce Master, we hereby order and decree as follows: \. Plaintiff, Lee Stone, has an address of 41 Spring Garden Estates, Carlisle, Pa. 17013, and his Social Security No is: 187. t6-4255. 2. Defendant. Esther S. Stone, has an address of t6 S. Enola Drive" Apt 308, Enola, Pa., 17025, and her Social Security No is: 172-26.8139. 3. Plaintiff Lee Stone, shall pay to Defendant, Esther S. Stone, alimony as follows: A. Upon the date of entry of a final Divorce Decree. spousal support shall cease and Plaintiff shall begin paying Defendant alimony in the amount of$525.00 per month. In the event there are arrears, Plaintiff will pay arrears in the amount of$10.00 per month until paid in full. B. The alimony shall continue for an indefmite teoo. Alimony will teooinate upon the death of either party. Wife's remarriage or Wife's cohabitation with a man not her spouse. Either party shall be able to petition for a change in the alimony upon a substantial change of circumstances. C. The payments made pursuant to this paragraph shall b" treated by both parties as alimony whereby Husband deducts the payments from his income for tax purposes and Wife includes them in her income for tax purposes. D. The alimony payment shall be made directly by the Railroad Retirement Board to the Pennsylvania State Collection and Disbursement Unit (P A SCDU) and the Railroad Retirement Board shall send all payments to: Pennsylvania SCDU, P.O. Box 69110. Harrisburg, Pa. 17106. 9IlO. E. This order shall be implemented as soon as reasonably administratively possible. and the parties shall cooperate in making any modifications necessary to carry out the intent of this agreement. The alimony payments due under this Order shall commence the fIrst clay of the month following entry of the order pursuant to this stipulation. ~tribution: .,Aane Adams, Esquire. (Plaintiffs Attorney) 64 S. Pitt Street, Carlisle, PAt 70 13 ~er S. Stone, Defendant 16 S. Enola Dr., Apt 308, Enola, Pa. 17025. BY THE C,.9YRT, .,. "..-' J. (' >- a:: j:~ l;LJ~~ '';"0 FF~~ I~") :;~.;- "r(,..) ,'~(J': ww_ ~ll.J l..1..::c l- u... o - (..-"") ''-I CO :c ..c.;: N I " !:-.:l I:"') I..f":) C? C~ C'-J ',.) C> State Commonwealth of Pennsvlvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 11/03/05 Case Number (See Addendum for case summary) ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 496000028 03-3464 CIVIL o Original Order/Notice [) Amended Order/Notice o Terminate Order/Notice EmployerNVithholder's Federal EIN Number RE: STONE, LEE N. US RAILROAD RETIREMENT BOARD C/O OFFICE OF GENERAL COUNSEL 844 N RUSH ST CHICAGO IL 60611-1275 Employee/Obligor's Name (Last, First, MI) 187-16-4255 Employee/Obligor's Social Security Number 4732000028 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birlh dates associaled wilh cases on allachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above.named employee's/obligor's income until further notice even if the Order/Notice is not issued by you r State. $ 525.00 per month in current support $ 10.00 per month in past.due support Arrears 12 weeks or greater? Oyes <Xl no $ 0.00 per month in current and past-due medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 535.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 123.46 per weekly pay period. $ 246.92 per biweekly pay period (every two weeks). $ 267.50 per semimonthly pay period (twice a month). $ 535.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDUl Employer Customer Service at 1.877-676-9580 for instructions. Make Remittance Payable to: PA SCOU Send check to: Pennsylvania SCOU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAil. Date of Order: r <'")'1 0 ~ 2005 I\t; ~v '::; ~'"'co~~ Service Type M OMBNo.:0970,0154 Form EN.028 Worker 10 $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must. however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* RCfJUlt;lIg tile rayJdldDdte u('v',,';1I11Io1d;lIg. Yuu IlIu~llel-'ud tile payddlclJdle of vv;lIrllvIJ;I'5 v"llen k,IJ;tl5 tLe paYlllt::llL. The- payJdlo'Jdlc: of vv;lIIIIVIJ;llg;;, lilt:: Jette: 0.. \'\'1,;...-11 dlllOUIll Vva:> vv;tl.l.eIJ flVll1 tile l:'1I IfJlOyc:c';, VY(lol::::>. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.' Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee'slobligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptlv notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 3621654330 EMPLOYEE'S/OBLlGOR'S NAME: STONE. LEE N. EMPLOYEE'S CASE IDENTIFIER: 4732000028 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State Jaw. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protedion Ad (15 U.S.c. ~1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submilled By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 Form EN-028 Worker 10 $IATT OMB No.: 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: STONE, LEE N. PACSES Case Number 496000028 Plaintiff Name ESTHER S. STONE Docket Attachment Amount 03-3464 CIVIL$ 535.00 Child(ren)"s Name(s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available through the employee's/obligor's employment. If checked, you are required to enroll the child(ren) above in any health insurance coverage available the employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)"s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee's1obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)"s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. If you are required to enroll the child(ren) above in any health insurance coverage available the employee's/obligor's employment. 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