HomeMy WebLinkAbout07-4867ERIC W. STONESIFER, : IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. p `~ ' ~~ to ~ ~; W ~ ~ ~erM.
JAMIE L. STONESIFER, :CIVIL ACTION -LAW
Defendant :DIVORCE/CHILD CUSTODY
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 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
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary, Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania.
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 ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER., THIS OFFICE
MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED
FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea
defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe
tomar acci6n dentro de los proximos veinte (20) dias despues de la notification de esta
Demanda y Aviso radicando personalmente o por medio de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes
a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de
tomar accibn como de describe anteriormente, el caso puede proceder sin usted y un fallo
por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o
remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin
mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes
pars usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A
LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION
A CERCA DE COMO CONSEGUIER UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN
ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER
INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN
CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
ERIC W. STONESIFER, : IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. ~' 7~ ~I~~ C~ ~»-
JAMIE L. STONESIFER, :CIVIL ACTION -LAW
Defendant :DIVORCE/CHILD CUSTODY
COMPLAINT IN DIVORCE
1. The Plaintiff is Eric W. 5tonesifer, an adult individual currently
residing at 1735 Mountain Road, York Springs, Adams County, Pennsylvania. 17372.
2. The Defendant is Jamie L. Stonesifer, an adult individual residing at 4
Kevin Road, Apt. C, Mechanicsburg, Cumberland County, Pennsylvania. 17050.
3. Plaintiff and Defendant have been bona fide residents in the
Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately
previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on June 30, 2001, in Cumberland
County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the
parties in this or any other jurisdiction.
6. This action is not collusive.
7. Plaintiff and Defendant separated on or about August 1, 2007.
8. The causes of action and sections of the Divorce Code under which
Plaintiff is proceeding are:
A. Section 3301(c) -The marriage of the parties is irretrievably
broken.
B. Section 3301(d) -The marriage of the parties is irretrievably
broken. The parties separated on or about August 1, 2007.
C. Section 3301(a)(6) -The Defendant has offered such
indignities to the Plaintiff, the innocent and injured spouse, as to render his
condition intolerable and his life burdensome.
9. Plaintiff has been advised of the availability of marriage counseling
and understands that he may request that his spouse and he participate in counseling.
10. Plaintiff does not request that the Court require that his spouse and he
participate in counseling prior to a divorce decree being handed down by this Court.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter
a final decree in divorce.
COUNTI
E~IUITABLE DISTRIBUTION
11. Paragraphs one through ten are incorporated herein by reference.
12. During their marriage, Plaintiff and Defendant have acquired various
items of marital property, both real and personal, which are subject to equitable
distribution under Sections 3501 et.seg. of the Divorce Code of 1980.
WHEREFORE, Plaintiff respectfully requests this Honorable Court
equitably distribute all marital property, both real and personal, owned by the parties.
COUNT II
CHILD CUSTODY
13. Paragraphs one through twelve are incorporated herein by reference.
14. The subject children are Wyatt James Stonesifer, born March 16,
2001, and Ethyn Christopher Stonesifer, born December 4, 2005.
15. The relationship of the Plaintiff to the subject minor children is that of
natural father.
16. The relationship of the Defendant to the subject minor children is that
of natural mother.
17. The minor children have resided at the following addresses, in the
custody of the following individuals:
a. From August 5, 2007 to present -Plaintiff believes the subject
minor children are residing either with Defendant Jamie L. Stonesifer,
hereinafter referred to as "Mother" in this count, at 4 Kevin Road, Apt. C.
Mechanicsburg, Cumberland County, Pennsylvania, or with their maternal
great-grandparents, Nancy Miller and Clarence Miller, at 9 Kevin Road,
Mechanicsburg, Cumberland County, Pennsylvania. Plaintiff, hereinafter
referred to as "Father" in this count, is unaware of the children's
whereabouts because Mother is refusing to allow him to exercise custody
with the children.
b. From August 1, 2007, to August 5, 2007 -the subject minor
children resided at 1013 South Humer Street, Enola, Cumberland County,
Pennsylvania, in the care and custody of Father.
c. From April 16, 2005 to August 1, 2007 -the subject minor
children resided at 1013 South Humer Street, Enola, Cumberland County,
Pennsylvania, in the care and custody of Father and Mother.
d. From August 1, 2004, to April 16, 2005 -the subject minor
child, Wyatt Stonesifer, resided at 9 Kevin Road, Mechanicsburg,
Cumberland County, Pennsylvania in the care and custody of Father, as
well as their maternal great-grandparents, Nancy Miller and Clarence
Miller.
e. From April 1, 2003, to August 1, 2004 -the subject minor child,
Wyatt Stonesifer, resided at 9 Kevin Road, Mechanicsburg, Cumberland
County, Pennsylvania in the care and custody of Father and Mother, as
well as their maternal great-grandparents, Nancy Miller and Clarence
Miller.
f. From July 1, 2001 to April 1, 2003 -the subject minor child,
Wyatt Stonesifer, resided at 852 Brian Drive, Enola, Cumberland County,
Pennsylvania, in the care and custody of Father and Mother.
18. Father filed a Custody Complaint in Cumberland County, docket
number OS-225 in January of 2005, which was subsequently withdrawn.
19. Father is not aware of the existence of any other individuals who have
any type of claim whatsoever regarding the custody of the subject minor children.
20. Father believes and therefore avers that Mother is unable to provide a
wholesome and moral atmosphere for the parties' minor children, as she is allowing her
19-year-old boyfriend to spend time with the children immediately after moving out of
the marital residence.
21. Father believes and therefore avers that Mother has failed to provide
proper supervision, medical care, and hygiene for the subject minor children over the past
several months.
22. Father believes and therefore avers that he is much better able to meet
the needs of the subject minor children than Mother.
23. Father believes and therefore avers that it is in the best interest of the
subject minor children that they be placed in his legal and physical custody.
WHEREFORE, Plaintiff requests this Honorable Court award him custody
of the subject minor children.
COUNT III
DIVORCE UNDER SECTION 3301(a)(2)
OF THE DIVORCE CODE
ADULTERY
24. Paragraphs one through twenty-three are incorporated by reference
herein.
25. The Defendant has committed acts of adultery with another male in
violation of her marital vows.
WHEREFORE, the Plaintiff respectfully requests this Honorable Court
enter a final Decree in Divorce.
Date: I ~-- Respectfully submitted,
THE LAW OFFICES OF
SILLIKER & 1~EINH~
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5922 Li glestown Road
Harris rg, PA 17112
(717) 671-1500
I.D. No. 57911
Attorney for Eric W. Stonesifer
AFFIDAVIT
I, ~G ~ • ~/~, hereby certify that the aforegoing is true
and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to
unsworn falsifications to authorities.
Dated:
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ERIC W. STONESIFER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V,
JAMIE L. STONESIFER
DEFF,NnANT
• 07-4867 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, August 21, 2007 ,upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 25, 2007 at 10:00 AM
for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Dawn S. Sunda Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. Far information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. 1F YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YUU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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SEP 10 2001
ERIC W. STONESIFER
Plaintiff
vs.
JAMIE L. STONESIFER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
0?-4867 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this ~ ~~~ day of S t.~~c.w~ 10 ~,~ 2007, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The parties shall submit themselves, their minor Children, and any other individuals deemed
necessary by the evaluator to a custody evaluation to be performed by Deborah Salem or other
professional selected by agreement between the parties. The purpose of the evaluation shall be to
obtain independent professional recommendations concerning ongoing custody arrangements which
will best meet the needs of the Children. The parties shall sign all authorizations deemed necessary by
the evaluator in order to obtain additional information pertaining to the parties or the Children. All
costs of the evaluation shall be shared equally between the parties. The parties shall cooperate in
scheduling and attending all appointments with the evaluator in a timely manner to avoid delay in
completion of the evaluation process.
2. Pending completion of the custody evaluation and further Order of Court or agreement of
the parties, the parties shall have shazed legal custody and shared physical custody of the Children in
accordance with the following schedule:
A. The parties shall share having physical custody of the Children on an alternating
weekly basis with the exchange to take place every week on Friday after school, with the pazent
receiving custody to provide transportation. As the parties' oldest Child will be attending school in the
Mother's school district, the Father shall pick up Wyatt directly at school at the beginning of his
periods of custody and transport the Child to and from school during his alternating weeks. The Father
may make childcare arrangements for the parties' youngest Child, Ethyn, during his weeks of custody.
B. The non-custodial pazent shall have custody of the Children during the other
parent's week from Wednesday after school/childcare through Thursday morning at the beginning of
schooUchildcaze.
C. The alternating weekly schedule shall begin with the Father having custody of the
Children on Friday, August 31, 2007 at 6:00 p.m.
D. When exchanges of custody under this Order are scheduled to take place on a day
when Wyatt does not have school, the parties shall exchange custody at 4:00 p.m. at the Sheetz store
on Mazket Street in Mechanicsburg.
3. In 2007, the Father shall have custody of the Children for the Thanksgiving holiday from the
Wednesday before Thanksgiving at 4:00 p.m. through Thanksgiving Day at 3:00 p.m. and the Mother
shall have custody from Thanksgiving Day at 3:00 p.m. to the following Friday at 4:00 p.m.
4. In 2007, the Mother shall have custody of the Children for the Christmas holiday from
Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and the Father shall have custody
from Christmas Day at 12:00 noon through December 26 at 12:00 noon.
5. The parties agree that the Children shall continue to attend church and that Wyatt will attend
Christmas play practice after church on Sundays.
6. Within sixty (60) days of completion of the custody evaluation and receipt of the evaluator's
recommendations, counsel for either party may contact the conciliator to schedule an additional
custody conciliation conference, if necessary.
7. Neither party shall do or say anything which may estrange the Children from the other
parent, injure the opinion of the Children as to the other pazent, or hamper the free and natural
development of the Children's love and respect for the other parent. Both parties shall ensure that third
parties having contact with the Children comply with this provision.
8. This Order is entered pursuant to an agreement of the parkies at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
~~.
M. L. Ebert, Jr. ` / \ J.
cc: ~stin R. Reinhold, Esquire -Counsel for Father
~fuce D. Foreman, Esquire -Counsel for Mother
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ERIC W. STONESIFER
Plaintiff
vs.
JAMIE L. STONESIFER
Defendant
Prior Judge: M. L. Ebert, Jr.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
07-4867 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Wyatt James Stonesifer Mazch 16, 2001 Mother
Ethyn Christopher Stonesifer December 4, 2005 Mother
2. A custody conciliation conference was held on August 31, 2007, with the following
individuals in attendance: the Father, Eric W. Stonesifer, with his counsel, Kristin R. Reinhold,
Esquire, and the Mother, Jamie L. Stonesifer, with her counsel, Bruce D. Foreman, Esquire.
3. This Court previously entered an Order dated August 31, 2007, in this matter on the
Mother's Petition for Special Relief granting the Mother's request for custody for the purpose of
allowing the Mother to register the Children in the Cumberland Valley School District.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
_ '"t-
ERIC W. STONESIFER,
Plaintiff
v.
JAMIE L. STONESIFER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 07-4867
CIVIL ACTION -LAW
IN DIVORCE/ CUSTODY
PRAECIPE FOR WITHDRAWAL/ENTRY O1E~' APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw my appearance on behalf of Jamie L. Sto r, the Defendant in the
above-captioned matter.
Date: I b ~ ~ ~ c "1 By:
BRUCE D. FOREMAN, ESQUIRE
Attorney I.D. No. 21193
FOREMAN & FOREMAN, P. C.
112 Market Street
6`'' Floor, Veterans Building
Harrisburg, PA 17'101-2015
Telephone No. (717) 236-9391
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf ofJamie L. Stonesifer, the Defendant u~ the above-captioned
matter.
Date: ~ GI ~~U ~ By:
TTI & ASSOCIATES
PHER T. $MULL, ESQUIRE
. No. 69140
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
Attorney I.D
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ERIC W. STONESIFER, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v, N0.07-4867 CIVIL TERM
JAMIE L. STONESIFER, CIVII, ACTION -LAW
Defendant IN DIVORCE
ACCCEPTANCE OF SERVICE
I, Kristopher T. Smull, attorney for the Defendant Jamie L. Stonesifer,
hereby accept service on her behalf of a Complaint in Divorce in the above-captioned
matter on or about ~ v S~ Z~ , 2007, by first-class mail, postage prepaid.
I hereby certify that the aforegoing is true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to
authorities .
Date: I 'L~ ~
Kris 'per . Smull, Esquire
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AUG U 8 ~uUt~Gl
ERIC W. STONESIFER IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 07-4867 CIVIL ACTION LAW
JAMIE L. STONESIFER
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this o20~ ~ day of 2008, upon
consideration of the attached Custody Conciliation Report, t is ordered and directed as follows:
at ~ 3v ~- /n
1. A hearin is scheduled in Courtroom No. 5 of the Cumberland Court House on the
~~' day of ~2,Dd~ at which time testimony will be taken. For
purposes of the he ng, the Fa er, Eric W. Stonesifer, shall be deemed to be the moving party and
shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing
counsel a memorandum setting forth each party's position on custody, a list of witnesses who are
expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These
memoranda shall be filed at least ten (10) days prior to the hearing date.
2. Pending further Order of Court, or agreement of the parties, the prior Order of this Court
dated September 10, 2007 shall continue in effect with the exception of the following:
A. In 2008, the Mother shall have custody of the Children for the Thanksgiving holiday
from the Wednesday before Thanksgiving at 4:00 p.m. through Thanksgiving Day at 3:00 p.m., and the
Father shall have custody from Thanksgiving Day at 3:00 p.m. to the following Friday at 4:00 p.m.
B. In 2008, the Father shall have custody of the Children for the Christmas holiday
from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and the Mother shall have
custody from Christmas Day at 12:00 noon through December 26 at 12:00 noon.
BY THE COURT,
'V~~
M. L. Ebert, Jr. J.
cc: ,~ristin R. Reinhold, Esquire -Counsel for Father
Margaret M. Simok, Esquire -Counsel for Mother J
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ERIC W. STONESIFER
Plaintiff
vs.
JAMIE L. STONESIFER
Defendant
Prior Judge: M. L. Ebert, Jr.
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is as
follows:
NAME
DATE OF BIRTH
Wyatt James Stonesifer March 16, 2001
Ethyn Christopher Stonesifer December 4, 2005
CURRENTLY IN CUSTODY OF
Mother/Father
Mother/Father
2. A custody conciliation conference was held on August 4, 2008, with the following
individuals in attendance: the Father, Eric W. Stonesifer, with his counsel, Kristin R. Reinhold,
Esquire, and the Mother, Jamie L. Stonesifer, with her counsel, Margaret M. Simok, Esquire and
Angela Rainey, Esquire.
3. This Court previously entered an Order on September 10, 2007, under which the parties
were to obtain a custody evaluation by Deborah Salem and pending receipt of the recommendations
were to share having physical custody of the Children on an alternating weekly basis. Following
receipt of the evaluation report dated July 9, 2008, counsel requested afollow-up custody conciliation
conference as provided in the prior Order. The parties were unable to reach an agreement at the
conference and it will be necessary to schedule a hearing.
4. The Father's po$ition on custody is as follows: Despite the evaluator's recommendations,
the Father believes that it is in the Children's best interests for him to have primary physical custody.
The Father believes that the Mother has serious parenting issues and is unable to adequately care for
the Children. The Father seeks primary physical custody of the Children.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
07-4867 CIVIL ACTION LAW
5. The Mother's position on custody is as follows: the Mother seeks to implement the custody
recommendations of the evaluator under which she would have primary physical custody of the
Children during the school year and shared custody in the summer. The Mother denies the Father's
allegations concerning her parenting abilities. She believes that the Father's desire for custody of the
Children is motivated by the paternal grandparents who are effectively raising the Children when in the
Father's care. (The Father makes the same allegation concerning the maternal grandparents).
6. The conciliator strongly recommended to the parties that they obtain co-parenting
counseling to reduce conflict in the family and promote the Children's emotional well-being as also
supported by the custody evaluator's recommendations. In light of the pending hearing, the parties
were not willing to commit to initiating counseling at this time but agreed to explore the costs and
availability of counselors.
7. The conciliator recommends an Order in the form as attached scheduling a hearing in this
matter and providing a temporary schedule for upcoming holidays.
/~v ~~ (, a~~"
Date ~- Dawn S. Sunday, Esquire
Custody Conciliator
ERIC W. STONESIFER,
Plaintiff
v.
JAMIE L. STONESIFER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2007-4867 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE/CUSTODY
PRAECIPE FOR WITHDRAWAL OF COUNSEL
AND APPEARANCE OF COUNSEL
TO THE PROTHONOTARY:
matter.
Please note my withtlratival as oounse! for Eric W. Stonesifer, Plaintiff ir: the above
Dated: ~ '`
SILLIKER & RE
K sti~.YR. R~i'nhold; Esquire
1. . # 57911
922 Linglestown Road
Harrisburg, Pennsylvania 17112
(717) 671-1500
Kindly enter our appearance on behalf of Eric W. Stonesifer, Plaintiff in the above
matter.
Dated: October 2, 2008 O'BRIEN, BARK AND SCHERER
Micha .Scherer, Esquire
I.D. # 61974
19 West South Street
Carlisle, PA 17013
(717) 249-6873
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ERIC W. STONESIFER,
Plaintiff
v.
JAMIE L. STONESIFER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-4867 CIVIL TERM
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed
on August 16, 2007.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of the filing of the Complaint.
3. I consent to the entry of a final decree in divorce without notice.
4. 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.
5. 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.
6. I have been advised of the availability of marriage counseling and understand
that I may request that the court require counseling. I do not request that the court require
counseling.
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: ~ ~ d ~
Eric . Stonesifer
C3
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11~IARRIAGE SETTLEMENT AGREEMENT
By and between
ERIC W. STONE5IFER
-AND -
JAMIE L. STONESIFER
Dated: ~G {~ b ~ ~ ~ , 2008
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INDEX
PAGE
1. Divorce and Separation ................................................................ 4
2. Division of Property ..................................................................... 4
3. Income Tax Prior Returns .......................................................... 5
4. Execution of Additional Documents ............................................ 6
5. Transfers Subject to Liens ............................................................ 6
6. Complete Listing of Property ....................................................... 6
7. Equitable Distribution of Property ............................................... 6
8. Relinquishment of Ownership ...................................................... ?
9. After-Acquired Property ............................................................... 7
10. Debts ............................................................................................. 7
11. Bankruptcy .................................................................................... 8
12. Alimony ........................................................................................ 9
13. Full Disclosure .............................................................................. 9
14. Releases ........................................................................................ 9
15. Waiver of Beneficiary Designation .............................................. 10
16. Indemnification ............................................................................. 10
17. General Provisions ........................................................................ 11
18. Fair and Equitable Contents ......................................................... 11
19. Breach ........................................................................................... 12
20. Independent Separate Covenants .................................................. 12
21. Void Clauses ................................................................................. 12
22. Execution of Documents .............................................................. 13
23. Applicable Law ............................................................................. 13
24. Non-Merger .................................................................................. 13
25. Disclosure and Waiver of Procedural Rights ............................... 13
26. Tax Advice ................................................................................... 14
27. Legal Fees .................................................................................... 15
28. Representation of Parties .............................................................. 15
Signature Page .............................................................................. 16
Acknowledgement Page ............................................................... 16
2
1 '~
MARRIAGE SETTLEMENT AGREEMENT
AGREEMENT MADE this day of , 2008, by
and between Eric W. Stonesifer -AND- Jamie L. Stonesifer, at Harrisburg, Pennsylvania.
WHEREAS, the parties hereto are husband and wife, having been married
on June 30, 2001, at Cumberland County, Pennsylvania.
WHEREAS, diverse and unhappy differences, disputes and difficulties
have arisen between the parties and it is the intention of Husband and Wife to live
separate and apart for the rest of their natural lives, and the parties desire to settle fully
and finally their respective financial and property rights and obligations as between each
other including, without limitation by specification: settling of all matters between them
relating to the ownership and equitable distribution of real and personal property; settling
of all matters between them relating to the past, present and future support, alimony
and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling
of any and all claims and possible claims by one against the other or against their
respective estates. The parties separated on August 1, 2007.
NOW, THEREFORE, in consideration of the aforegoing premises and of
the mutual promises, covenants and undertakings hereinafter set forth and for other good
and valuable consideration, receipt of which is hereby acknowledged by each of the
parties, Wife and Husband, each intending to be legally bound hereby, covenant and
agree as follows:
3
,.
1. Divorce and Senantion. The parties agree to the entry of a
decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and
Wife shall at all times hereafter have the right to live sepazate and apazt from each other
and to reside from time to time at such place or places as they shall respectively deem fit,
free from any control, restraint, or interference whatsoever by the other. Neither party
shall molest the other or endeavor to compel the other to cohabit or dwell with him or her
by any legal or other proceedings. The foregoing provision shall not be taken to be an
admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the
cause leading to their living apart. A reconciliation will not void the provisions of this
Agreement.
2. Division of Property. Husband and Wife agree that the following
constitutes an equitable distribution of the marital property:
A. The following shall become the sole and exclusive property of
Husband:
1. Husband shall retain possession and ownership of the 2003
Suzuki Aerio on which there are no encumbrances or outstanding
liens. The parties agree that Wife shall sign the title transferring
sole ownership to Husband within ten days of the date of the
execution of this Agreement.
B. The following shall become the sole and exclusive property of Wife:
1. Wife shall retain any pension plans and/or retirement plans
andlor employee stocks or savings plans, and/or 401 K plans and/or
any and all other employment benefits, if any, which she has
4
accumulated during the course of her past or present employment.
Husband hereby waives any right, title, and interest in any plan in
which Wife has an interest under the terms of this paragraph.
2. Wife shall be entitled to the proceeds of the trust fund from
her grandfather's estate. Husband waives any right, title, and
interest to the trust fund from Wife's grandfather's estate.
C. All personal property in the possession of each party as of the date of
execution of this Agreement shall remain the sole and separate property of each party
respectively.
D. The parties acknowledge that they have each made to the other a full
accounting of their respective assets, estate, liabilities, and other sources of income and
based thereon they mutually agree that the property listed above constitutes the entire
marital property.
3. Income Taz Prior Retarns. The parties have heretofore filed
joint federal and state tax returns. Both parties agree that in the event any deficiency in
federal, state or local income tax is proposed, or any assessment of any such tax is made
against either of them, each will indemnify and hold harmless the other from and against
any loss or liability for any such tax deficiency or assessment and any interest, penalty
and expense incurred in connection therewith. Such tax, interest, penalty or expense shall
be paid solely and entirely by the individual who is finally determined to be the cause of
the misrepresentations or failures to disclose the nature and extent of his or her sepazate
income on the aforesaid joint returns. In the event that any additional taxes, penalties or
interest are assessed as a result of a mathematical error or some other reason not related
5
to a party's under-reporting of income or claiming any improper deduction, such
additional liability shall be divided equally between the parties.
4. Ezecutlon of Additlons~l Documents. The parties agree to each
sign Affidavits of Consent contemporaneously with the execution of this Agreement.
The parties agree to execute any deeds, assignments, titles or other instruments necessary
and appropriate to accomplish the aforesaid division of property.
5. Trsnsfers Snbiect to Liens. Notwithstanding any other
provisions in this document all property transferred hereunder is subject to the existing
lien or liens set forth above. The respective transferee of such property agrees to
indemnify and save harmless the other parry from any claim or liability that such other
party may suffer or may be required to pay on account of such lien or encumbrance.
6. Complete Listing of Property. The parties represent and warrant
to each other that the property described in this Agreement represents all of the property
in which they have any right, title and interest, and that such property is subject to no
mortgage, pledge, lien, security interest, encumbrance or charge except those which are
disclosed herein.
?. Eanitable Distribution of Property. By this Agreement, the
parties have intended to effect an equitable distribution of their jointly owned property.
The parties have determined that an equitable division of such property conforms to a just
and right standazd, with due regard to the rights of each party. The division of existing
marital property is not intended by the parties to constitute in any way a sale or exchange
6
of assets, and the division is being effectuated without the introduction of outside funds
or other property not constituting a part of the marital estate. It is the intention of the
parties to treat all transfers of property herein asnon-taxable.
$. Relinquishment of fltivneraLin. Except as provided herein,
Husband forever relinquishes any right or interest he may now or hereafter have in any
assets now belonging to Wife, and Wife forever relinquishes any right or interest she may
now or hereafter have in any assets now belonging to Husband.
9. Al9ter-Acquired Prouerty. Each of the parties shall hereafter own
and enjoy independently of any claim or right of the other, all items of property, be they
real, personal or mixed, tangible or intangible, which are hereafter acquired by him or
her, with full power in him or her to dispose of the same as fully and effectively, in all
respects and for all purposes as though he or she were unmarried.
10. Debb.
A. Husband and Wife agree to be responsible for the joint debts of
the parties as follows: Husband shall be solely liable for the automobile loan relative to
the 2003 Suzuki Aerio.
B. All debts, contracts, obligations or liabilities incurred at any
time in the past or future by either party will be paid promptly by said party, unless and
except as otherwise specifically set forth in this Agreement; and each of the parties hereto
further promises, covenants and agrees that each will now and at all times hereafter save
harmless and keep the other or his or her estate indemnified and save harmless from all
debts or liabilities incurred by him or her, as the case may be, and from all actions, claims
7
~ A
and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever pertaining to such actions, claims and demands. Neither party
shall, as of the date of this Agreement, contract nor incur any debt or liability for which
the other or his or her property may be responsible, and shall indemnify and save
harmless the other from any and all claims or demands made against him or her by reason
of debts or obligations incurred by him or her and from all expenses, legal costs, and
counsel fees unless provided to the contrary herein.
11. Banlavntcv or Reore~u~ttion Procoedinas. The parties further
warrant that they have not heretofore instituted any proceedings pursuant to the
bankruptcy laws nor are there any such proceedings pending with respect to them which
have been initiated by others. It is stipulated and agreed by the parties that the terms of
this Agreement as they resolve the economic issues between the parties incidental to their
divorce and the obligations of the parties to each other resulting therefrom shall not be
dischargeable in bankruptcy, should either party file for protection under the Bankruptcy
Code at any time after the date of execution of this Agreement.
The payments called for in this Agreement aze not intended to be a debt
which is affected by a discharge in bankruptcy and the terms of this Agreement are not
subject to discharge in bankruptcy because the parties acknowledged that such are
necessary for the parties to meet their financial obligations and to support and maintain
their standazd of living as well as that of the parties' children. The parties acknowledge
that there aze not bankruptcy proceedings presently pending and they agree not to file a
bankruptcy action prior to the completion of their respective obligations pursuant to this
Agreement. Furthermore, any debt addressed in this Agreement shall not be discharged
8
in a bankruptcy action filed by or on behalf of one of the parties hereto. Also, if either
party files for bankruptcy, this Agreement shall constitute conclusive evidence of the
parties' intent that the obligations in the nature of maintenance and support are not
dischargeable under current bankruptcy law or under any amendment thereto. Further, if
either party institutes any action in bankruptcy or any other bankruptcy proceeding is
instituted in which a party's right to have payments made by the other becomes a matter
for judicial review, the parties agree to consent to any motion filed by the other with the
bankruptcy courts, wherein the party may request that the bankruptcy courts abstain from
deciding the dischazgeability of said obligation and any other obligations to said party
thereunder in order to allow the appropriate Court of Common Pleas to rule upon this
issue.
12. Alimony. The parties mutually agree to forego or waive any right
to alimony, alimony pendente lite, and spousal support.
13. Fall Disclosure. The respective parties do hereby warrant,
represent and declaze that he and she have made a full and complete disclosure to the
other of all assets of any nature whatsoever in which such parry has an interest and any
further enumeration or statement thereof in this Agreement is specifically waived. Each
party agrees that he or she shall not at any future time raise such a defense or otherwise
the lack of such disclosure in any legal proceeding involving this Agreement with the
exception of disclosure that may have been fraudulently withheld.
14. Releesea. Each party does hereby remise, release, quitclaim and
forever dischazge the other and the estate of the other from any and every claim that each
9
~~
other may now have, or hereafter have or can have at any time, against the other, or in
and to or against the other's estate, or any part thereof, whether arising out of any former
contracts, engagements or liabilities of the other, or by way of dower or claim in the
nature of dower, widow's rights, or under the intestate laws, or the right to take against
each other's will, or for support or maintenance, or of any other nature whatsoever,
except any rights accruing under this Agreement or as otherwise stated in this Agreement.
15. Waiver of BeneBciars- Designation. Unless otherwise
specifically set forth in this Agreement, each party hereto specifically waives any and all
beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit
or like program carrying a beneficiary designation which belongs to the other party under
the terms of this Agreement, including, but not limited to, pensions and retirement plans
of any sort or nature, deferred compensation plans, life insurance policies, annuities,
stock accounts, bank accounts, fmal pay checks or any other post-death distribution
scheme, and each party expressly states that it is his and her intention to revoke by the
terms of this Agreement any beneficiary designations naming the other which are in
effect as of the date of execution of this Agreement. If and in the event the other party
continues to be named as beneficiary and no alternate beneficiary is otherwise
designated, the beneficiary shall be deemed to be the estate of the deceased party.
16. IndemniBcatTion. Each party represents and warrants to the other
that he or she has not incurred any debt, obligation, or other liability, other than described
in this Agreement, on which the other party is or may be liable. Each party covenants
and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold
10
the other party liable for any other debts, obligations, liability, act or omission of such
party, such party will at his or her sole expense, defend the other against any such claim
or demand, whether or not well-founded, and that he or she will indemnify and hold
harmless the other party in respect of all damages as resulting therefrom. Damages as
used herein shall include any claim, action, demand, loss, cost, expense, penalty, and
other damage, including without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or in opposing the
imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any
inaccurate representation made by or on behalf of either Husband or Wife to the other in
this Agreement, any breach of the warranties made by Husband or Wife to the other in
this Agreement, or breach or default in performance by Husband or Wife of any of the
obligations to be performed by such party hereunder. The Husband or Wife agrees to
give the other prompt written notice of any litigation threatened or instituted against
either party which might constitute the basis for a claim for indemnity pursuant to the
terms of this Agreement.
17. Gentrsl Provisions. This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior agreements and negotiations
between them. There are no representations or warranties other than those expressly set
forth herein.
18. Fair~snd Eaeibbk Contents. The provisions of this Agreement
and their legal effect have been fully explained to the parties by their respective counsel.
Each party acknowledges that he or she has received independent legal advice from
11
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counsel of his or her selection and that each fully understands the facts and has been fully
informed as to his or her legal rights and obligations. Each party acknowledges and
accepts that this Agreement is, under the circumstances, fair and equitable, and that it is
being entered into freely and voluntarily after having received such advice and with such
knowledge, and that execution of this Agreement is not the result of any duress or undue
influence and that it is not the result of any collusion or improper or illegal agreement or
agreements.
19. Brateh. It is expressly stipulated that if either party fails in the
due performance of any of his or her material obligations under this Agreement, the other
party shall have the right, at his or her election, to sue for damages for breach thereof, to
sue for specific performance, or to seek any other legal remedies as may be available, and
the defaulting party shall pay the reasonable legal fees for any services rendered by the
non-defaulting party's attorney in any action or proceeding to compel performance
hereunder.
20. Indenend~nt Senxr~te Covensnts. It is specifically understood
and agreed by and between the parties hereto that each paragraph hereof shall be deemed
to be a separate and independent Agreement.
21. Void Clauses. If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then
only that term, condition, clause or provision shall be stricken from this Agreement and
in all other respects this Agreement shall be valid and continue in full force, effect and
operation.
12
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22. Ezecution of Documents. Each party shall on demand execute
any other documents that may be necessary or advisable to carry out the provisions of
this Agreement.
23. Annlicable Low. This Agreement shall be construed under the
laws of the Commonwealth of Pennsylvania.
24. Nan-Merger. This Agreement shall not merge with any
subsequent decree in divorce between the parties but shall survive such decree and be
entirely independent thereof. This Agreement shall be incorporated for the purposes of
enforcement only into any Decree in Divorce which may be entered with respect to the
parties, but shall not be deemed to have been merged with such Decree.
25. Disclosure send Wsiver ai Procedural Rights. Each party
understands that he or she has the right to obtain from the other party a complete
Inventory or list of all property that either or both parties own at this time or owned as of
the date of separation, and that each party has the right to have all such property valued
by means of appraisals or otherwise. Both parties understand that they have the right to
have court held hearings and make decisions on the matters covered by this Agreement.
Both parties understand that a court decision concerning the parties' respective rights and
obligations might be different from the provisions of this Agreement.
Each party acknowledges that this Agreement is fair and equitable, that it
adequately provides for his or her needs and is in his or her best interests, and that the
Agreement is not the result of any fraud, duress, or undue influence exercised by either
13
~.
•
party upon the other or by any other person or persons upon either party. Both parties
hereby waive the following procedural rights:
a. The right to obtain an Inventory and Appraisement of all marital
and non-marital property as defined by the Pennsylvania Divorce Code.
b. The right to obtain an Income and Expense Statement of the other
party as provided by the Pennsylvania Divorce Code.
c. The right to have property identified and appraised.
d. The right to discovery as provided by the Pennsylvania Rules of
Civil Procedure.
e. The right to have the Court determine which property is marital
and which is non-marital, and equitably distribute between the parties that
property which the Court determines to be marital, and to set aside to a
party that property which the Court determines to be that party's non-
marital property.
f. The right to have the Court decide any other rights, remedies,
privileges, or obligations covered by this Agreement andlor arising out of
the marital relationship, including but not limited to possible claims for
divorce, child or spousal support, alimony, alimony pendente lite,
equitable distribution, custody, visitation, and counsel fees, costs and
expenses.
26. Taz Advice. Both parties hereto hereby acknowledge and agree
that they have had the opportunity to retain their own accountants, certified public
accountants, tax advisor, or tax attorney with reference to the tax implications of this
14
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Agreement. Further, neither party has been given any tax advice by their respective
attorneys. Further, both parties hereby acknowledge that they have been advised, by their
respective attorneys, to seek their own independent tax advice by retaining an accountant,
certified public accountant, tax attorney, or tax advisor, with reference to the tax
implications involved in this Agreement. Further, the parties acknowledge and agree that
their signatures to this Agreement serve as their acknowledgement that they have read
this particulaz paragraph and have had the opportunity to seek independent tax advice.
27. I,e~1 Fees. Husband and Wife hereby agree to be solely
responsible for his or her respective legal fees, costs, and expenses.
Z8. Renresentstlon of Ponies. The parties have mutually worked out
the terms of this Marriage Settlement Agreement. Husband has been represented by
Kristin R. Reinhold, Esquire. Wife has been represented by Mazgazet Simok, Esquire.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and yeaz first above written.
Wi ess
„~----
J 'e L. Stonesife
fitness
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Eric W. Sto fer
15
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J 'e L. Stonesifer
Witness my hand and Notarial seal, the day and yeaz aforesaid.
Eric W. S esifer
Witness my hand and Notarial seal, the day and yeaz aforesaid.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
On this ~2day of t' 008, before me Subscriber, a
Notary Public, for the Commonwealth of Pennsylvania, came Jamie L. Stonesifer, known
to me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement
Agreement.
~'l--cR.1~/t e
No Public
My Commission Expires:
i:Ulil#IONWEA 7ti Oi F'tNN~~I-YliNl~
NOTAR-,AL SEAL
COMMONWEALTH OF PENNSYLVANIA ,~~ ~. k;c°.=~, s~~4 ~_{Pu~r:~ ~,
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COUNTY OF DAUPHIN --~--
On this~l f 'day of (~C~O bets' , 2008, before me Subscriber, a
Notary Public, for the Commonwealth of Pennsylvania, came Eric W. Stonesifer, known
to me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement
Agreement.
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Notazy li
My Commission Expires:
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ERIC W. STONESIFER,
Plaintiff
v.
JAMIE L. STONESIFER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET N0.07-4867 CIVIL TERM
CIVIL ACTION -LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
August 16, 2007.
2. The mamage of Plaintiff and Defendant is irretrievably broken, and ninety days
have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree of Divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to
unsworn falsification to authorities.
Date: `2, I~ b~ ''
JAM L. STONES R
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ERIC W. STONESIFER,
Plaintiff
v.
JAMIE L. STONESIFER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 07-4867 CIVIL TERM
CIVIL ACTION -LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER §3301(c) 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 this Affidavit are true and correct. I understand that
false statements herein are made subiect to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Date: (7 -~
JAM L. STONE R
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ERIC W. STONESIFER,
Plaintiff
v.
JAMIE L. STONESIFER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-4867 CIVIL TERM
CIVIL ACTION-LAW
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a
divorce decree:
1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce
Code.
2. Date and manner of service of the Complaint: Kristopher M. Shull, Esquire signed
an Acceptance of Service form on behalf of the Defendant on August 20, 2007.
3. (complete either paragraph (a) or (~).)
A. Date of execution of the affidavit of consent required by Section 3301(c) of
the Divorce Code: by Plaintiff on October 27, 2008; and Defendant on December 11, 2008.
B. (1) date of execution of the Plaintiffs Affidavit required by Section
3301(d) of the Divorce Code: N/A
(2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A
4. Related claims pending: None.
5. Indicate date and manner of service of the notice of intention to file praecipe to
transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce
Code: The parties signed Waivers of Notice of Intent to Request Entry of Divorce Decree.
Respectfully submitted,
O'BRIEN, BARK & SCHERER
Michacl'A.' Scherer,- Esquire
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
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ERIC W. STONESIFER
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMIE L. STONESIFER NO. 2007-4867 CIVIL
DIVORCE DECREE
AND NOW, 1~~c, ~ 30 ~ o o , it is ordered and decreed that
ERIC W. STONESIFER
plaintiff, and
JAMIE L. STONESIFER ,defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
The parties Marital Settlement Agreement dated October 27, 2008 is incorporated
but not merged herein as a final Order of Court.
By the Court,
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ERIC W. STONESIFER,
Plaintiff
v.
JAMIE L. STONESIFER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007-4867 CIVIL TERM
CIVIL ACTION-LAW
ORDER OF COURT
AND NOW, this 5th day of January, 2009, upon agreement of the parties, it is
hereby Ordered that:
1. All prior Orders in this matter are vacated.
2. The parties, Eric W. Stonesifer (hereinafter "father") and Jaime L.
Stonesifer (hereinafter "mother") shall share legal custody of Wyatt James Stonesifer,
born March 16, 2001 and Ethyn Christopher Stonesifer, born December 4, 2005,
(hereinafter "children"). Each parent shall have right, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the children's general
well-being, including, but not limited to, all decisions regarding their health, education
and religion. Pursuant to the terms of 23 Pa.C.S. section 5309, each parent shall be
entitled to all records and information pertaining to the children including, but not limited
to medical, dental, religious or school records, the residence address of the children and
the other parent. To the extent one parent has possession of any such records or
information, that parent shall be required to share the same, or copies thereof, with the
other parent within such reasonable time as to make the records and information of
reasonable us to the other parent. Both parents shall be entitled to full participation in all
educational and medical/treatment planning meetings and evaluations with regard to the
children. Each parent shall be entitled to full and complete information from any
physician, dentist, teacher, or authority and copies of any reports given to them as
parents including, but not limited to: medical records, birth certificates, school or
educational attendance records or report cards. Additionally, each parent shall be
entitled to receive copes of any notices which come from school with regard to school
pictures, extracurricular activities, children's parties, musical presentations, back-to-
school night, and the like.
3. Father shall have primary physical custody of the children.
4. Mother shall have partial physical custody of the children:
a. On alternating weekends beginning Friday at 5:30 p.m. until Monday
morning when she shall deliver Wyatt to school and Ethyn to daycare/school. If there is
no school on the Monday following mother's weekend, the exchange shall take place at
noon on Monday.
b. Every Wednesday at 5:30 p.m. until Thursday morning when she shall
deliver Wyatt to school and Ethyn to daycare/school.
c. For one-half of the children's Spring Break from school, to the extent
such break exists.
5. During the children's summer vacation from school, the parties shall
alternate physical custody on a weekly basis beginning on the Wednesday following the
conclusion of the school year when mother shall have the children for seven days to be
followed by father having the children for the ensuing seven days and alternating on a
weekly basis thereafter until the Wednesday prior to the beginning of the next school
year.
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6. The Christmas Holiday shall be divided into two segments. Segment A
shall be from Christmas Eve at 5:00 p.m. until Christmas Day at 2:00 p.m. Segment B
shall be from Christmas Day at 2:00 p.m. until December 26 at 2:00 p.m. Mother shall
have segment A in odd years and the parties shall alternate segments on an annual
basis. Mother shall have the children each year from December 26 at 2:00 p.m. until
2:00 p.m. on the day prior to school resuming in January.
7. The Thanksgiving Holiday shall be divided into two segments. Segment A
shall be from the Wednesday before Thanksgiving at 4:00 p.m. until Thanksgiving Day at
3:00 p.m. Segment B shall be from Thanksgiving Day at 3:00 p.m. until the Friday after
Thanksgiving at 5:30 p.m. Mother shall have segment A in odd years and the parties
shall alternate segments on an annual basis.
8. New Year's Day and Easter shall be divided into two segments. Segment
A shall be from the day preceding the holiday until the afternoon of the holiday at 2:00
p.m. Segment B shall be from 2:00 p.m. on the holiday until 2:00 p.m. on the day
following the holiday. In odd years Mother shall have segment A and the parties shall
alternate segments on an annual basis.
9 The children shall spend each Mother's Day with mother from 10:00 a.m.
until 7:00 p.m. and the children shall spend each Father's Day with father from 10:00
a.m. until 7:00 p.m.
10. Exchanges of the children shall take place at the Church on Market Street
in Mechanicsburg unless mother is delivering the children to school/daycare.
1 l
- . `-
11. Neither parent shall make disparaging remarks about the other parent in
the company of the children or do or say anything which may injure the opinion the
children have of their parents.
M.L. Ebert, Jr., J.
Michael A. Scherer, Esquire
19 West South Street e°~Y ~~ d ~e~,,,~r~d ui -a ~- ,~~05'
Carlisle, Pennsylvania 17013
Margaret Simok, Esquire
Maria P. Cognetti & Associates ~ ha. I o d a,_ vs -,~0 9
210 Grandview Avenue, Suite 102 PY
Camp Hill, Pennsylvania 17011 ,~~
BY THE COURT,
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