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HomeMy WebLinkAbout01-0784MARY E. STONEBRAKER, Plaintiff VS. STEVEN M. STONEBRAKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. NO. 2001- 7o~-/ CIVIL TERM : CIVIL ACTION- LAW : 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 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One South Hanover Street, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249 - $166 Sally J. tWinder, Esquire Attorney for Plaintiff, Mary E. Stonebraker 701 East King Street Shippenshurg PA 17257 (717) 532 - 9476 MARY E. STONEBRAKER, Plaintiff VS, STEVEN M. STONEBRAKER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001- 7 ~ CWIL TERM : CIVIL ACTION- LAW : IN DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE COMES NOW, the Plaintiff, MARY E. STONEBRAKER, by and through his/her counsel, Sully J. Winder, Esquire, and represents as follows: 1. Plaintiff is MARY E, STONEBRAKER, who currently resides at, and whose mailing address is, P.O. Box 375, 26 Mount Rock Road, Newville, Cumberland County, Pennsylvania, 17241 since November 7, 1996. 2. Defendant is STEVEN M, STONEBRAKER, who currently resides at, and whose mailing address is, P.O.Box 305, 26 Mount Rock Road, Newville, Cumberland County, Pennsylvania, 17241 since November 7, 1996. 3. Both Plaintiffand Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiffand Defendant were married on December 4, 1976 at Carlisle, Cumberland County, Pennsylvania.. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Additionally, Plaimiffalleges as grounds for divorce that Defendant has offered to the person of the Plaintiff, she being the injured and innocent spouse, such indignities as to render her condition intolerable and her life burdensome. 8. Plaintiffavers that she has been advised of the availability of counseling sessions for both parties upon request of either party or by order of court, and that a list of qualified professionals who provide such counseling service is available at the Domestic Relations Office upon request. By the filing of this Complaint, the Plaintiffaclmowledges having been advised by his/her attorney of record of the availability of counseling sessions and of a list of qualified professionals. Plaimifffurther avers that he/she has been advised that the choice ora qualified professional shall be at the option of the Plaintiff and Defendant and need not be selected from the list available upon request and, further, that arrangements for and the payment of the services of the qualified professional shall be the responsibility of the parties and will not be included in the docket costs of this proceeding. 9. Plaintiffrequests the Court to enter a decree of divorce. COUNT Il CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 10. Plaintiffand defendant are joint owners as tenants by the entireties ofreai estate at 26 Mount Rock Road, Newville, Cumberland County, Pennsylvania, which is subject to equitable distribution by this Court. 11. Defendant is deed title owner of real estate at 8 Carlisle Road, Newville, Cumberland County, Pennsylvania, which together with the business located at that address is subject to equitable distribution as a marital asset. 13. Defendant is deed title owner of real estate in Bradford Township, Clearfield County, Pennsylvania, which was acquired during the marriage and is subject to equitable distribution as a marital asset. 14 Plaintiff and defendant are the owners of various items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this Court. 15. Plaintiff and defendant are the owners of various motor vehicles acquired during their marriage which are subject to equitable distribution by this Court. WHEREFORE, Plalntiffrequests the Court to enter a decree dissolving the marriage between plalntiffand defendant and equitablydistributing property owned by the parties hereto, and for such other relief as the Court may determine equitable and just. COUNT HI CLAIM FOR ALIMONY PENDENTE LITE, ALIMONY, COUNSEL FEES, EXPENSES AND COSTS 16. Plaintiff, MARY E. STONEBRAKER, by reason ofdefandant's conduct has become separated from her husband and files the within action in divorce. 17. Plaintiff by reason of defendant's conduct has been put and will be put to considerable expense in the employment of counsel, and the payment of expenses and costs as a result of this action. 18. MARY E. STONEBRAKER is employed at present but is without sufficient funds to meet the costs and expenses of this litigation, including filing fees and the required deposit for appointment of a Master and counsel fees for representation in connection with (plaintiff' s right to possession and continued possession of the real estate), equitable distribution, counsel fees, expenses, costs, alimony and alimony pendente lite. 19. Plaintiff, MARY E. STONEBRAKER, is without sufficient income to support herself or pay household expenses for her separate maintenance. 20. Plaintiff, MARY E. STONEBRAKER, has incurred and will incur extraordinary expenses at the instigation of defendant. Plaintiff, MARY E. STONEBRAKER, has now been required to retain counsel in order to assert her rights pursuant to the Divorce Code. 21. Defendant, STEVEN M. STONEBRAKER, is presently employed at Wheeler's Drywall in Newville, Pennsylvania, and is owner of Zeigler's Gulf, in Newville, Pennsylvania. Defendant has sufficient income and assets to assist in the support and maintenance of plaintiff as well as pay legal fees and costs. WHEREFORE, plaintiff MARY E, STONEBRAKER, prays your Honorable Cou/t to enter an order requiring defendant to pay her attorney fees, costs and expenses in connection with her claims set forth herein, Sally J. ~0'inder, Esquire Attorney for Plaintiff, Mary E. Stonebraker 701 East King Street Shippensburg PA 17257 (717) 532 - 9476 VERIFICATION I veri~ that the statements made in this complaint are true and correct to the best of my personal knowledge and belief 1 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: I'- 5} ~DI MARY E. STONEBRAKER, Plaintiff/Respondent STEVEN M. STONEBRAKER, Defendant/Petitioner AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-784 IN DWORCE ORDER dayof tall Z~ r.~., ,2001, the Defendant having requested counseling pursuant to Section 3302 of the Divorce Code, it is ORDERED AND DIRECTED that both the Plaintiffand Defendant participate in three (3) counseling sessions before a qualified professional who shall report to the Court whether or not the parties did appear for the sessions. ~ e.r~¢ All fees and costs occasioned by the sessions shall be paid oqual~ly by thc pa~tlcs., It is further directed that all proceedings in this action are stayed until the parties have attended at least three (3) counseling sessions,and a rcport is ece~i v cd by the Cu ut t flora thc qualified ~1. Richard L. Webber, Jr., Attorney for Defendant/Petitioner Sally J. Winder, Attorney for Plaintiff/Respondent BY THE COURT: MARY E. STONEBRAKER, Plaintiff/Respondent STEVEN M. STONEBRAKER, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2001-784 IN DIVORCE RULE TO SHOW CAUSE AND NOW, this day of , 2001, upon the foregoing Petition Requesting Marital Counseling, a role is issued against the Plaintiff/Respondent to show cause, if any, why the within divorce proceedings should not be continued and three (3) counseling sessions ordered before a qualified professional. RULE RETURNABLE, days from service hereof. BY THE COURT: Richard L. Webber, Jr., Attorney for Defendant/Petitioner Sally J. Winder, Attorney for Plaintiff/Respondem MARY E. STONEBRAKER, Plaintiff/Respondent V. STEVEN M. STONEBRAKER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-784 IN DIVORCE PETITION REOUESTING MARITAL COUNSELING AND NOW COMES, the Defendant/Petitioner, Steven M. Stonebraker, by his attorney, Richard L. Webber, Jr., and petitions your Honorable Court to require counseling pursuant to 23 P.C.A. §3302, averting the following: 1. Defendant/Petitioner is Steven M. Stonebraker, an adult individual residing at Richland Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Plaintiff/Respondent is Mary E. Stonebraker, an adult individual residing at 26 Mount Rock Road, Newville, Cumberland County, Pennsylvania, ! 7241. 3. The parties separated on or about January 30, 2001. 4. On or about February 8,2001, Plaintiff/Respondent filed a Complaint in Divome alleging (a) that the marriage is irretrievably broken; and (b) that Defendant/Respondent offered such indignities to Plaintiff/Respondent so as to render his condition intolerable and his life burdensome. 5. Defendant/Petitioner was served with the Complaint on February 16, 2001. 6. Defendant/Petitioner believes the marriage is not irretrievably broken. 7. Defendant/Petitioner has not offered such indignities to Plaintiff/Respondent as to render her condition intolerable and her life burdensome. 8. The parties have two (2) children, Adam L. Stonebraker, Age 12, and Aaron M. Stonebraker, Age 10. 9. Defendant/Petitioner desires marital counseling in the hopes of effectuating a reconciliation. 10. Defendant/Petitioner desires an Order in the form set forth in Exhibit A attached hereto and incorporated by reference herein. WHEREFORE, Defendant/Petitioner request this Honorable Court enter an Order requiring marital counseling as more fully set forth in the Order attached hereto and labeled as Exhibit A. Dated: ~ [~ ~/~ / Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT Richard L. Webber, Jr. Attorney for Defendant/Petitioner 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 Telephone: (717) 249-5373 I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. Steven M. Stonebraker Defendant/Petitioner MARY E. STONEBRAKER, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW NO. 2001-784 STEVEN M. STONEBRAKER, Defendant/Petitioner :. ~ 1N DIVORCE ORDER AND NOW, this __ day of ,2001, the Defendant having requested counseling pursuant to Section 3302 of the Divorce Code, it is ORDERED AND DIRECTED that both the Plaintiffand Defendant participate in three (3) counseling sessions before a qualified professional who shall report to the Court whether or not the parties did appear for the sessions. All fees and costs occasioned by the sessions shall be paid equally by the parties. It is further directed that all proceedings in this action are stayed until the parties have attended at least three (3) counseling sessions and a report is received by the Court from the qualified professional. BY THE COURT: Richard L. Webber, Jr., Attorney for Defendant/Petitioner Sally J. Winder, Attorney for Plaintiff/Respondent MARY E. STONEBRAKER, Plaintiff/Respondent STEVEN M. STONEBRAKER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-784 CIVIL TERM IN DIVORCE PRAECIPE TO WITHDRAW PETITION REOUESTING MARITAL COUNSELING TO PROTHONOTARY: Please withdraw Defendant/Petitioner's Petition Requesting Marital Counseling. Date: March 26, 200l LAW OFFICE OF MICHAEL J. HANFT Attorney ID No. 49634 Attorney for Defendant/Petitioner 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 >0 Z~ O0 MARY E. STONEBRAKER Plaintiff VS STEVEN M. STONEBRAKER Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : NUMBER 2001-784 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF SERVICE I, Sally J. Winder, being first duly sworn according to law do depose and say that I served a Complaint in Divorce and Notice to Defend and ClsJm Rights in the above action to the Defendant, Steven M. Stonebraker at P.O. Box 305 Newville, Pennsylvania by certified mail, restricted delivery, return receipt requested, on February 13, 2001, at the Newville Post Office, Newville, Pennsylvania, which Complaint in Divorce was received by the Defendant as evidenced by his signature on the attached receipt. 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. s. oare ot ~ve~ ~ey for Plaintiff ~] Agent I SS different fa3m ite~ 1 '1 Yes gJvery address below: ~:~o 0257 02/1312001 ~Jivery? (Extra Fee) ~"Yes 102595-00-M-0952 MARY E. STONEBRAKER Plaintiff VS STEVEN M. STONEBRAKER Defendant : 1N THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : : NUMBER 2001-784 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on FEBRUARY 8, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date &filing 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 tree 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: ~-~ Q~'--O [ MARY E. STONEBRAKER Plaintiff vs STEVEN M. STONEBRAKER Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : NUMBER 2001-784 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. Date: MARY E~,,~TONEBRAKER MARY E. STONEBRAKER Plaintiff YS STEVEN M. STONEBRAKER Defendant I'N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACT[ON ~ LAW NUMBER 2001-784 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(e) of the Divorce Code was filed on FU. BRUAKY 8 2001. 2. The marriage of Plaintiffand Defendant is in'etriev~bly broken and ninety days have elapsed fro n the date at' filing the Complaint 3. t consent to the entry of a final decree of divorce after service of notice of intc. nfion to request entry of thc decree. ! verily that thc statements made in this affidavit are true mid correct. I understmld that false statements herein are made subject to the pen-allies of I g Pa. C.S. section 4904 relating to unswom falsification to authorities, STEVEN M. STONEBRAKER Ray-lO-e1 ll:llA P.12 MARY E. STONEBRAKER Plaintiff VS STEVEN M. STONEBRAKER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBEP, 2001-784 CIVIL TERM IN D[VOKCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DWORCE CODE 1, I consent to tile entry ora final decree of divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees, or expenses ill do not claim them before a divorc~ is grained. 3. I understand that 1 will not be divorced until a divorce decre~ is entered by the Court and that a copy of the decree will be sent to me immediately afl. er it is filed with the prothonotary. I verify that the statements made in tiffs affidavit are true and correct. I understand that false statements herein are made subject to file penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. STEVEN M. STOlVEBRAKER MA~¥-10-01~ 11:.09A P.04 THIS AGREEMENT MADE AND ENTERED INTO this .~' day of May, 2001, by and between STEVEN M, STONEBRAKER, of Newville, Cumberland County, Pennsylvania, hereinafter called "llusbnnd", aad MARY E. STONEBRAKER, of 26 Mount Rock Road, Newville, Cumberland County, Pennsylvania, hereinal~er called "Wife", WHEREAS. Husband and Wife were lawfully joined in marriage on l)ecember 4, 1976; and, WtlEREAS, Husband and Wife commenced living separate and apart on or about Janus,' 25, 2001, because thc marital relationship became irretrievably broken; WHEREAS, the parties hereto desire to enter into a Stipulation ~uld Agreement for equitable distribution of'the marital property owned either jointly as tenants by the entireties or individually in their own right but including all property which would fall witlfin the definition of marital property pursuant to the Divorce Code, Section 401 (e). NOW, THEREFORE, WITNESSETH, that for and in consideration of the premises, mutual covenants and promises hereinafter made and intending to be legally bound hereby, Hnsband and Wife do hereby contract and agree as follows: 1. REPRESENTATION fly COUNSF. L: Hosband and Wife declare that each Ires had a full sad t~ir opportunity to obtain h~dependent legal advice of his or her selection; that Husband has been independently represented by counsel, Richard L. M~'y?lO-01 ll:IOA Webber, Jr., Esquire, and the Wife, aware of her right to legal representation, has likewise been represented by counsel Saffy J. Winder, Esquire. 2. SF,,PARA'I'ION: Husband and Wife may and shall at all times hereafter, live separate and apart. Each shall be fi'ce fi'om all control, restraint, interlbrence or authority. direct or indirect, by the other in all respects as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may for his or her separate use or benefit conduct, carry on and engage in any business, occupation, profession, or employment which to him or her may seem advisable. This provision shall not be takcn, however, to be an admission on the part of either Husband or Wife of the lawfulness of the causes which led to or resulted in the confinuation of their living apart. Husband and Wife shall not molest, harass, disturb, or maJign each other or the respective families et' each other or compel or attempt to compel the other to cohabit or dwell by any means or in any nmmmr whatsoever with him or her. 3. MUTU,~J., ES'FATE WA/¥'ER: Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other of the estate of each other; for all time to come, and tbr all purposes wlmtsoever, of and from any and all rights, rifles and interest, or claims in or against thc property (including income and gain front property hereaRer accruing) of dm other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereo~ whether arising out o£any lbrmer acts, contracts, engagements or liabilities of such other or by way of dower or cur/esy or widow's or widower's right~ family exemption or similar allowance, or tl/lder the intestate laws, or thc right to take against thc spouse's will, or the right to treat a litbtime conveyance by the other as testamentary, or all oUmr rights ora surviving spouse to participate in a deceased spouse's estate, whether arising; under the laws of (a) 2 Mly-10-0~ ll:10A P.06 Pennsylvania, (b) any state, colmnonwealth or territory in the United States, or (c) any other country, or any rights which Wife may have or at any time herealler lave or have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fi:cs, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements, and obligations or' whatsoever nature arising or which may arise under this Agreement or for thc breach of any thereof. It is the intention orHusband and Wife to give to each other by the execution ol'the Agreement, a full, complete and general release with respect to any and all property ok'any kind or nature, real, pcrsonal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agrcemenls and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof, subject, however to the implementation and satisfaction of the conditions precedent as set lbrth herein above. Each of thc parties hereto further waive any right of election contained in Chapter 22 of tho Pemisylvania Probate, [[states, and Fiduciaries Code. 4. PERSONAl. PROPERTY: Husband and Wife do hereby acknowledge that they have prior to the execution of this Agreement, divided the marital personal property, including, hut without limitation, jewelry, clothes, thrniture and other personalty mid hereafter Wife agrees that all of the property in possession of Husband shall bc the sole and separate property orHusband; and, H],sbnnd agrees that all property in the possessio~ ol'Wife shall be the sole and separate property of Wife. Each of thc parties does hereby specifically waive, release, renounce and forever abai:don whatever claims, if any, he or she may have with respect to any oft. he above items which are the sole and separate property of thc other. 5. V~I~IC~ Hnsband and Wife arc the owners of. various vehicles which they have agreed will be divided in a I~ir and equitable maimer such that WIFE shall bc M~y-lO-Oi ll:10A P.07 tile sole equitable and title owner of the 1992 Chyslcr LeBaron. HUSBAND shall be thc sole equitable and title owner et'the 1970 Chevrolet pick-up truck, the 1974 International Scout and plow, and the 1984 GMC pick up truck. Husband and Wife do agree that they shall execute all documents, if any, necessa~j to transfer title and registration to the various vehicles to accomplish the separate ownership as set forth in this paragraph. 6. REAL ESTATE. lhtsband mid Wife are deed title Owners of the real estate and improvements thereon kilown and numbered as 26 Mount P, ock Road, Newville, Cumberland County, Pennsylvania which is encumbered by a mortgage to Farmers National Hank of Newvil]e having an approxilnate balance of Sixty-seven thousand ($67,000.00) Dollars. It is the agreement of the parties that the real estate shall be transtbrred to the sole ownership of Wife and that Wit~ shall save mid hold harm/ess Husband from and on account of any balance on account of said mortgage and any costs associated therewith. At the time of transfer, Wife shall refinance the mortgage secured by said real estate so as to relieve Husband from any and all obligations with respect to the current joint mortgage obligation. In consideration el'said refinance, Husband shall transfer all of his right title anti interest in and to said property and shall receive no payment ti'Gal Wife on account of any equitable interest ofltusband. Husband and Wife acknowledge that Husband is the deed title owner al'real estate in Bradfi,*rd Townslfip, Clearfield County, Pennsylvania, cocsisting of .43 acres more or less. Wife does hereby quitclaim, discharge and forever abandon any and ali claims to said real estate wifich she may have by virtue of laws of the Commonwcahh of Pennsylvania and the Divorce Code. Wife shall execute a Quitclaim Deed simultaneously with Husband's Iransfer of thc 26 Mount Rock Road property to Wife. 7. ,.~ALE OF BIOSINIL,~ Husband and Wile acknowledge that Husband is the owner of a business, Zeigler's Gulf, located at 8 Carlilse P, oad, Newville, Pennsylvania. 4 and the real estate Iota(ed at that address. Wife agrees that she shall release, quitclaim and forever discharge Husband fi.om and on account of any claim to any business assets or the real estate she may have in equity or pursuant to the Divorce Code or at common law as thc case may be. In consideration of Wife releasing, discharging or otherwise Foregoing all claims and interest aforesaid, Husband agrees that he shall transfer the business assets and real estate to JeffZeigler in return for SeffZeigler assuming all liabilities of the business and encumbrances on the real estate including the mortgage to Facmors National Bank of Newville, the Gulf 0il Company contract, and the Note due Lytm Zeigler. In addition, Husband shall save and bold harmless Wife fi'om and on account of any and all accounts due and payable t~r the business and shall save and hold harmless and indemnify Wile From any liability on account of sale oFthe business including any and all tax liability arising out of sale of the business. It is the representation ofi.lasbattd that he is receiving no monies or consideration ll)r sale of the business and business real estate other than the assumption el', or r~lieF from, debt; Wife enters into this agreement in reliaqce upon this representation. Husband acknowledges that he may lease the second floor apartment above thc station at li~ir market value, and Wi~i~ consents to any such lease. 8. CHILD SUPPORT. Husband and Wife agree that Husband owes a duty of child support for thc two minor children of the marriage, Adam L. Stonebraker and Aaron M. Stonebraker. Therefore, Husband shall pay to Wi~i~ the sum o1'$I 50.00 per week as child support. Husband and Wife agree that this sum is reasonable and lair and further that sttch agreemem shall not be modi/ied by the Domestic Relations Office in Cumberland or any other County by order which would require Husband to pay any amount less than $150.00 per week at any time prior to the eighteenth birthday of the oldest cl~ild. Husband acJatowledges that Wife shall exercis~ primary residential custody et'the minor children, subject to reasonable rights of visitation in Husband and that the above stated child support is premised upon Wife exercising this primary residential custody. 5 May-lO-01 11:11A 9. INCOME TAX REFUND. Husband and Wife agree that they shall file a joint income tax return for thc year 2000, as il has been prepared by Cohick & Assodatcs. This return shows a reRJnd of $5,412.00 which shall be divided between the patties $2,500.00 to Husband and $2,912.00 to Wife. The State income lax refund of $39~.00 shall be divided equally by the parties. 10, CREDIT CARD. H,isba,ld and Wife acknowledge that they ~e the joint hoIdcrs of a Discover credit card account having a current balance of $1,117.24. Husband agrees that he has paid onc-haIl~of that balance, or $558.62, n,]d that Wifc has paid tile ba/ence et'the account thus satist~ing any marital obligation with respect to this account. ! I, F/REARMS and RACING MEMORABILIA. Husband is the owner of various guns which are currently located at 26 Mount Rock Road, Newville, Pent,sylvania, and racing mcmorabilia also located at 26 Mount Rock Road, Ncwville, Pennsylvania. These items shall be considered to be the sole and separate property ofliusband and Wife waives any and ali claims she may have for equitable distribution of these items. 12, Husband and Wife do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements lnade by either of them to tile other for tile purposes set fbrth in the preamble; that dlere are no clahns, promises or rcpresentations not herein contained, either oral or written, which shall or may be charged or entbrccd or entbrceable unless reduced to writing and signcd by both et'the parties; and the waiver of any term, condition, c{ause or provision ofdlJs Agreement .~haU in no way be deemed to be considercd a waiver o£any other terms, conditions, c/anses or provisions of thi~ Agreement. 6 M~y-lO-O1 ll:llA 13. This Agreement shall remain ii] full force a~d effect unlcss and until lerminated under and pursuant to the terms of this Abn'eemem. The Ihilure of either party to insist upon strict performance of any of the provisions of'this Agreement shall not be construed as a waiver of any subsequent dethuh of the same or similar nature. 14, If any term, condition, clause or provision of this Agreement shall be determined or declared to bc void or invalid or otherwise, then only that term, condition, clause or provision shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragrapt~, with thc exception of the satisf'action of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 15. This Agreement shall be construed in accordance with thc laws of'thc Commonwealth of'Pennsylvania. 16. If either party breaches any provision of this Agreement, the other party shall have tile right, at his or her election, to sue in law or in equity, to eifforce such rights and remedies which the party may have, and the party breaching this Agreement shall be responsiblc tbr the reasonable legal tees and costs incurred by the other in entbrcing his or her rights under lhis Agreement. 17, WAI~TIREMENT C1,AIM: Husband and Wife acknowledge that Wife is employed at Big Spring School District, Newville, Pennsylvatfia, where she has accumulated certain rctiremeat benelits, Each o£the parties does specifically waive, release, renounce, and forever abandon a~l of their right, title, and interest or claim, whatever it may be, in any pe~tsion, retirement, profit sharing plall or other plan of such a nalure of the other parly, whether acquired through said other parly's employment or 7 May-lO-O! ll:llA p.].I otherwise, and hereafter said pension, retirement, prolit sharing plan or oth~ plan ofsuch a nature shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. Therefore, Husband acknowledges that he has waived any aud all claims to retirement l:ueds accumulated by Wife through her employment at Big Spring School District. Wife likewise waives any rights to any accounts held by Husband, al/hough Wife is not awat'e of'any such accounts held by Husband. 18. Husband and Wi£c shall mutually cooperate with each other in order to carry through the terms of'this Agreement, including but not limited to, the signing of any documents that may be reasonably nece.~sary to give full force and effect to tl~e provisions of'this Agrcetnent. This Agreement shall, except as otherwise provided herein, be biuding upon and inure lo the bcnelit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 1N WITNESS WIIEIEOF, thc pa~tie.~ hereto have set their hands and seals the day and year lirst ~ovc written. This Agreement is executed in duplicate and in ~untcrparls, and Uusband and Wife, as p~ies hereto, acknowledge thc recipe o?a duly executed copy hereoff Witness: STONEBRAKER' MARY E. STONEBRAKER Plaintiff vs STEVEN M. STONEBRAKER Defendant : 1N THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW NUMBER 2001-784 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: U. S. Mail, Certified, Return Receipt Requested, restricted delivery addressee only mailed on February 13, 2001, and received by Defendant as shown by his signature on the receipt card filed with the affidavit of service in this matter.. 3. Date of execution of the affidavit of consent required by S3301 (c) of the Divorce Code: by Plaintiff 05/25/01; by Defendant 05/22/01. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in S3301 (c) Divorce was filed with the Prothonotary: 06/~t/01. Date Defendant's Waiver of Notice in S3301 (c) Divorce was filed with the Prothonotary: 06/t~lt/0 l ~ Sally J~. nder, Esquire 701 East King Street, Shippensburg PA 17257 (717) 532 - 9476 Attorney for Plaintiff 1N THE COURT OF COMMON PLEAS MARY E. STEVEN M. AND NOW, DECREED THAT AND STEVEN M. OF CUMBERLAND COUNTY STATE OF STONEBRAKER Plaintiff VERSUS STONEBRAKER Defendant NO. DECREE IN DIVORCE June 2{ MARY E. STONEBRAKER STONEBRAKER PENNA. 2001-784 Civil Term , 2001 , IT IS ORDERED AND , PLAINTIFF', , 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; The Agreement dated May 22, 2001 and filed in this action shall be incorporated herein. BY THE COURt: //// ATTEST: ) ~ __ J- ~"'~~ PROTHONOTARY