HomeMy WebLinkAbout02-0792JAMES AUSTIN STONER, JR.,
Plaintiff
VS.
CATHERINE ELIZABETH STONER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2002 - "/~,,T,, 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 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.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
JAMES AUSTIN STONER, JR.,
Plaintiff
VS.
CATHERINE ELIZABETH STONER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2002 - 7t~l~ Civil Term
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) and 3301(a)(6)
OF THE DIVORCE CODE
1. The Plaintiff is James Austin Stoner, Jr., an adult individual whose mailing
address is P.O. Box 21, Carlisle, Cumberland County, Pennsylvania 17013,
and whose social security number is 161-32-3278.
The Defendant, Catherine Elizabeth Stoner, is an adult individual, whose
current address is 519 South Middlesex Road, Carlisle, Cumberland County,
Pennsylvania 17013, and whose social security number is 188-58-5709.
3. Plaintiff and Defendant were married on May 1, 1982, in Camp Hill,
Cumberland County, Pennsylvania.
4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania
for a period of at least six (6) months prior to this filing.
5. Defendant is not a member of the Armed Services of the United States or its
allies.
6. Plaintiff is a citizen of the United States and Defendant is a citizen of the
United States.
7. There has been no prior action for divorce filed in any jurisdiction.
8. Plaintiff has been advised of the availability of marriage counseling, and has
waived said right.
9. There are two minor children born of the marriage; namely, Zachery Stoner,
bom January 31, 1985, and Justin Stoner, bom April 30, 1986.
10: Plaintiff avers that the grounds on which this action is based are:
(a) That the marriage is irretrievably broken; and
(b) That the Defendant has rendered such indignities to the person of the
Plaintiff, the injured and innocent spouse, so as to render his condition
intolerable and life burdensome.
WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter
a Decree in Divorce.
Respectfully submitted,
BY:
lane M./l~t~pi~, Esquire
1017 No/eth Fro~t Street
Harrisburg, PA 17102
(717) 232-9724
I.D. No. 71873
Date: February 12, 2002
VERIFICATION
I verify that the statements made in this Complaint for Divorce
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.
Dme: February 12, 2002
JAMES A. STONER, JR.,
Plaintiff
CATHERINE E. STONER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
NO. 2002- 792
: CIVIL ACTION - LAW
: IN DIVORCE
CIVIL TERM
PRAECIPE FOR ENTRY OF APPEARANCE
To: Prothonotary
Kindly enter my appearance on behalf of Catherine E. Stoner, Defendant, in the above
matter.
Dated: March 7, 2002
1 /~indsay D. l~ird, l~squire
~/ 37 South Hanover Street
Carlisle, PA 17013
(717) 243-5732
JAMES A. STONER, JR.,
Plaintiff
CATHERINE E. STONER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
:
: NO. 2002- 792 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
A._NSWER TO COMPLAINT AND NEW MATTER
Defendant, Catherine E. Stoner, by and through her attorney, Lindsay Dare Baird,
Esquire, answers the Divorce Complaint and submits New Matter as follows:
1. Admitted.
2. Admitted.
3. Denied. The parties were married May 1, 1983.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted to the extent Defendant can have knowledge.
9. Admitted.
10. (a) Admitted.
(b) Denied. Defendant has not rendered indignities to the Plaintiff.
11. paragraphs 1 through 10 of the pleading are incorporated herein by reference as
though set forth in full.
12. Defendant vers additional grounds for divorce pursuant to §3301(a)(3), in that
Plaintiff has, by cr~el and barbarous treatment, endangered the life or health of
Defendant, the injured and innocent spouse as evidenced by the Temporary Protection
From Abuse Order docketed in the Cumberland County Court of Common Pleas, number
02-522 Civil Term.
WHEREFORE, Defendant respectfully requests your Honorable Court to enter a Decree
in Divorce.
COUNT II - ALIMONY
13. paragraphs 1 through 12 of the pleading are incorporated herein by reference as
though set forth in full.
fendant requires reasonable support/alimony to adequately maintain herself in
14. De .... ~--~ ~f livino established during the marriage.
accordance with the stanumu ,, ~,
WHEREFORE, Defendant requests your Honorable Court to enter an award of alimony.
~-ALI~MONY PENDENTE LITEr
COUNSEL FEES, COSTS~ AND EXPENSEt3
15. paragraphs 1 through 14 of the pleading are incorporated herein by reference as
through set forth in full.
16. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable
attorney's fees for said counsel.
17. plaintiff is unable to sustain herself during the course of this litigation.
WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony
pendente lite, interim counsel fees, costs, and expenses, until final hearing and thereupon
award such additional counsel fees, costs, and expenses as deemed appropriate.
C___OUNT I~VV - EoUITABLE DISTRIBUTION
18. paragraphs 1 through 17 of the pleading are incorporated herein by reference as
though set forth in full.
Plaintiff and Defendant have acquired property, both real and personal during
tlh9~ir marriage from May 1, 1983 until January 13, 2002, the date of their separation.
20. Plaintiff and Defendant have been unable to agree as to an equitable division of
said property.
WHEREFORE, Plaintiff requests your Honorable Court to
property.
equitably divide all marital
Date:
Respectfully submitted,
Carlisle, PA 17013
(717) 243-5732
I verify that to the best of my knowledge and belief, the statementS made in the
true and correct. I understand that false statements h.erein are
foregoing document are to
made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsificattOn
authorities.
~atherine E. Stoner, Plaintiff
JAMES AUSTIN STONER, JR.,
Plaintiff
VS.
CATHERINE ELISABETH STONER,
Defendant
iN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2002 - 792 Civil Term
CIVIL ACTION - LAW
1N DIVORCE
ORDER OF COURT
AND NOW, this -~ day of ~~_, 2004, upon presentation
and consideration of the within Agreement, it is ]~ereby ORDERED that the
Agreement attached hereto is incorporated herein and made an Order of this Court,
said Agreement dated May 10, 2004.
BY THE COURI
'{~/v7 J.
Distribution: ~171
Diane M. Dils, Esquire, 1017 North Front Street, Harrisburg, P 02 ~ e.~,.% ~
Lindsay Dare Baird, Esquire, 37 South Hanover, Carlisle, PA 17013 ,.~
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, is made this
between:
/O~/'~day of May 2004, by and
CATHERINE ELISABETH STONER, hereinafter referred to as Wife;
--AND--
JAMES AUST1N STONER, JR., hereinafter referred to as Husband;
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on May 1, 1982, in
Camp Hill, Pennsylvania; and
WHEREAS, there are two children bom of the marriage; namely: Zachary
James Stoner, bom January 31, 1985, and Justin Robert Tyler Stoner, bom April
30,1986.
WHEREAS, diverse unhappy marital difficulties have arisen between the
parties causing them to believe that their marriage is irretrievably broken, as a
result of which they have separated and now live separate and apart from one
another, the parties being estranged due to such marital difficulties with no
reasonable expectation of reconciliation; and the parties hereto are desirous of
settling fully and finally their respective financial and property rights and
obligations as between each other, including without limitation by specification:
the settling of all matters between them relating to the ownership of real and
personal property; and in general, the settling of any and all claims and possible
claims by one against the other or against their respective estate, particularly those
responsibilities and rights growing out of the marriage relationship.
NOW THEREFORE, in consideration of the mutual promises, covenants
and undertakings hereinafter set forth and for other good and valuable
consideration, the receipt of which is hereby acknowledged by each of the parties
hereto, husband and wife, each intending to be legally bound, hereby covenant and
agree as follows:
1. SEPARATION
It shall be lawful for each party, at all times hereafter, to live separate and
apart from the other, at such place or places as he or she may, from time to time,
choose or deem fit. Each party shall be free from interference, authority or contact
by the other, as fully as if he or she were single and unmarried, except as may be
necessary to carry out the provisions of this Agreement. Neither party shall molest
the other or attempt to endeavor to molest the other, nor compel the other to
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cohabit with the other, or in any way harass or malign the other, nor in any way
interfere with the peaceful existence, separate and apart from the other.
Should a Decree, Judgment, or Order of separation or divorce be obtained by
either of the parties in this or any other state, country or jurisdiction, each of the
parties hereby consents and agrees that this Agreement and all of its covenants
shall not be affected in any way by any such separation or divorce; and that
nothing in any such Decree, Judgment, Order or further modification or revision
thereof shall alter, amend or vary any term of this Agreement, whether or not either
or both of the parties shall remarry, it being understood by and between the parties
hereto, that this Agreement shall survive and shall not be merged into any Decree,
Judgment, or Order of divorce or separation. It is specifically agreed however,
that a copy of this Agreement or the substance of the provisions thereof, may be
incorporated by reference into any Order of divorce, Judgment, or Decree. This
incorporation, however, shall not be regarded as a merger, it being the specific
intent of the parties to permit this Agreement to survive any Judgment and be
forever binding and conclusive upon the parties.
2. EFFECTIVE DATE
The effective date of this Agreement shall be the "date of execution" or
"execution date", defined as the date upon which it is executed by the parties if
they have each executed the Agreement on the same date. Otherwise, the "date of
execution" or "execution date" of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
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3. MUTUAL RELEASES
Husband and wife do hereby mutually remise, release, quit-claim or forever
discharge the other and estate of such other, for all time to come, and for all
purposes whatsoever, from any and all rights, title and interest, or claims in or
against the estate of such other, or whatever nature and wherever 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 thereof, whether arising out of any former acts, contracts,
engagements, or liabilities of such other or by way of dower or curtesy, of claims
in the nature of dower or curtesy, or widow's or widower's rights, family
exemption or similar allowance or under the intestate laws; or the right to take
against the spouse's will; or the right to treat a lifetime conveyance by the other as
testamentary or all other rights or a surviving spouse to participate in a deceased
spouse's estate, whether arising under the United States, or any other country; or
any rights which either party may now have or at any time hereafter have for the
past, present, or future support or maintenance, alimony, alimony pendente lite,
counsel fees, costs or expenses, whether arising as a result of the marital relation or
otherwise, except all rights and agreements and obligations of whatsoever nature
arising or which may arise under this Agreement or for the breach of any provision
thereof.
It is the intention of husband and wife to give to each other, by the execution
of this Agreement, a full, complete and general release, with respect to any and all
property of any kind or nature, real, personal, or mixed, which the other now owns
or may hereafter acquire, except, and only except, all rights and agreements and
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obligations of whatsoever nature arising or which may arise under this Agreement
or for the breach of any provision thereof.
4. DISTRIBUTION DATE
The transfer of property, funds and/or documents provided for herein shall
only take place on the "distribution date" which shall be defined as the date of
execution of the Divorce Decree, unless otherwise specified herein.
5. MUTUAL CONSENT/ADVICE OF COUNSEL
Husband and wife acknowledge and understand the terms and conditions of
this Agreement, and husband is represented by Diane M. Dils, Esquire, and wife is
represented by Lindsay Dare Baird, Esquire. Each party acknowledges that he or
she has received or has been given an opporttmity to receive independent advice
from counsel of his or her selection and was fully informed as to his or her legal
rights and obligations.
Husband and wife acknowledge that they fully understand the facts as to
their legal rights and obligations under this Agreement. Husband and wife
acknowledge and accept that this Agreement is, under the circumstances, fair and
equitable and that it is being entered into freely and voluntarily, and that the
execution of this Agreement is not the result of any collusion or improper or illegal
agreement or agreements.
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6. FINANCIAL DISCLOSURE
The parties confirm that each has relied on the: substantial accuracy of the
financial disclosure of the other as an inducement to the execution of this
Agreement.
Notwithstanding the foregoing, the rights of either party to pursue a claim
for equitable distribution, pursuant to the Pennsylwinia Divorce Code, of any
interest owed by the other party in an asset of any nature at any time prior to the
date of execution of this Agreement that was not disclosed to the other party or his
or her counsel prior to the date of the within Agreement is expressly reserved. In
the event that either party, at any time hereafter, discovers such an undisclosed
asset, the parties shall have the right to petition the 'Court of Common Pleas of
Cumberland County to make equitable distribution of said asset.
The non-disclosing party shall be responsible fi>r payment of counsel fees,
costs, or expenses incurred by the other party in seeking equitable distribution of
said asset.
7. DEBTS AND OBLIGATIONS
Husband represents and warrants to wife that since January 17, 2002, he has
not, and in the future he will not contract or incur any debt or liability for which
wife or her estate might be responsible and shall indemnify and save wife harmless
from any and all claims or demands made against her by reason of such debts or
obligations incurred by him since the date of said separation, except as otherwise
set forth herein.
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Wife represents and warrants to husband that since January 17, 2002, she
has not, and in the future she will not contract or incur any debt or liability for
which husband or his estate might be responsible and shall indemnify and save
husband harmless from any and all claims or demands made against him by reason
of such debts or obligations incurred by her since the date of said separation,
except as otherwise set forth herein.
8. REAL ESTATE
Husband and wife hereby acknowledge that the real estate which they
previously owned as joint tenants by the entireties has been sold and the proceeds
from the sale of same have been divided equally between the parties to their
mutual satisfaction.
Husband and wife further acknowledge that they are the owners of real
estate in Eagle Rock and husband hereby agrees to waive all of his right, title, and
interest, in said Eagle Rock real estate to wife. Wife hereby indemnifies and holds
husband harmless for the payment of any and all obligations and liabilities in
connection with said Eagle Rock real estate. The parties hereto acknowledge that
there is currently a mortgage on the land located in Eagle Rock and wife hereby
agrees to assume sole responsibility for the payment of the same, including but not
limited to real estate taxes, and any and all other debts, obligations, and expenses
in connection with said real estate.
Wife's attorney shall prepare a Deed and upon presentation of the same,
husband will execute said Deed placing said real estate, into name of wife alone.
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9. PERSONAL PROPERTY
Except as set forth hereto, husband and wife have agreed that their personal
property has been divided to the parties' mutual satisfaction and neither party will
make any claims to the property possessed by the other, except as set forth hereto:
None.
Husband and wife hereby acknowledge thai; the sum of $7,970.75 is
currently being held in escrow by wife's attorney as a result of the sale of certain
assets of the parties. Husband and wife hereby agree that wife shall receive the
sum of $7,970.75 currently being held in escrow by her attorney in full. Husband
and wife hereby acknowledge that husband shall retain the sum of $5,000.00 which
he received directly from the sale of the parties' tractor.
Husband and wife hereby acknowledge that wife's receipt of the full amount
of the escrow funds includes reimbursement to wife by husband of the following:
(a) The sum of $75.00 in connection with the non-refundable application fee
for the child, Zachary, to enroll in school;
(b) The sum of $225.00 for the costs of a shed;
(c) Reimbursement to wife in the amount of $182.16 representing
reimbursement of husband's health insurance premium paid by wife.
10. LIFE INSURANCE
Husband and wife hereby agree that husband's life insurance with a death
benefit payable in the amount of $42,000.00 shall be. maintained by husband and
husband hereby agrees that he shall list wife and the parties' sons as irrevocable
beneficiaries to receive any death benefit payment in equal amounts, one-third
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each. Said life insurance policy is currently held with Allstate Life Insurance,
policy number 778222492. Wife may contact Allstate Life Insurance directly and
request copies of statements for verification that wife and the parties' children are
listed as irrevocable beneficiaries. Husband authorizes Allstate Life Insurance to
provide wife with any and all requested information by the execution of this
Agreement.
11. PENSION
Husband and wife hereby acknowledge that husband has an interest in and is
currently receiving retirement as a result of his employment with the United States
Postal Service and as well as retirement as a result of his service in the United
States armed forces. Wife hereby waives all of her right, title, and interest in said
pensions, profit sharing, retirement, 401(k), and any other employment related
benefits.
Husband hereby waives all of his right, title,, and interest in any and all
pensions, profit sharing, retirement plans, 401(k), and any other employment
related benefits to which wife is entitled.
12. WAIVER OF RIGHTS
The parties hereto fully understand their rights under and pursuant to the
Divorce Code, Act of 1980, No. 1980-26, as amended February 12, 1998,
particularly the provisions for alimony pendente lite, spousal support, equitable
distribution of marital property, attorneys fees, and expenses. Both parties agree
that this Agreement shall conclusively provide for' the distribution of property
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under the said law and the parties hereby waive, release and forever relinquish any
further rights they may respectively have against the other for alimony, alimony
pendente lite, spousal support, equitable distribution of marital property, attorneys
fees, and expenses.
13. WAIVER OR MODIFICATION TO BE IN 'WRITING
A modification or waiver of any of the terms, of this Agreement shall be
effective only if in writing, signed by both parties, and executed with the same
formality as this Agreement. No waiver of any breaclh hereof or default hereunder
shall be deemed a waiver of any subsequent default of'the same or similar nature.
14. MUTUAL COOPERATION
Each party shall, at any time and from time to time hereafter, take any and
all steps and execute, acknowledge and deliver to the other party, any and all future
instruments and/or documents that the other party may reasonably require for that
purpose of giving full force and effect to the provisions of the Agreement.
15. AGREEMENT BINDING ON HEIRS
This Agreement shall be binding and shall inure to the benefit of the parties
hereto and their respective legatees, devises, heirs, executors, administrators,
successors, and assigns in the interest of the parties.
16. BREACH
If either party breaches any provision of this Agreement, the other party
shall have the rights, at his or her election, to sue in law or in equity to enforce any
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rights and remedies which the party may have, and the party breaching this
Agreement shall be responsible for payment of attorneys fees and all costs incurred
by the other in enforcing his or her rights under this Agreement.
17. LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania.
18. HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several paragraphs/provisions and
sub-paragraphs hereof, are inserted solely for convenience of reference and shall
not constitute a part of this Agreement nor shall they affect its meaning,
construction or effect.
19. DIVORCE
The parties hereto acknowledge that their marriage is irretrievably broken.
The parties further agree to execute the necessary Affidavits of Consent and
Waiver of Counseling, and Waiver of Notice of Intent to Request Entry of Divorce
Decree upon request so that the divorce may become :finalized. The parties further
agree and acknowledge that this Property Settlement Agreement shall be
incorporated into said Decree in Divorce; however, shall not merge therewith.
20. IRREVOCABILITY
It is understood and agreed to by and between the respective parties thereto
that the property division - distribution affected by the herein agreement is
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IRREVOCABLE and that such division - distribution, shall not be affected by any
change of circumstances of the respective parties OR by other statutory or judicial
alternatives which may be available to the respective: parties under prior, current,
or future laws of the Commonwealth of Pennsylvania or any other jurisdiction.
Except as provided herein, the parties hereby waive any respective rights to
financial support and/or alimony and/or pension or furore expectancies each may
respectively have under prior, current, or future laws or case decisions.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
the day and year first above written.
Witness
~/,~A~.~.~ ~, .4t'~,~._x.~ c.fi · (SEAL)
ES AUSTIN STONEI~, JR.
~J~qitness .~/ /
~4~ o t?'.. X4x~o~.,x_ (SEAL)
CATHERINE ELISABETH STONER
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
On this, the /o 7z- day of May 2004, before me, a Notary Public, the
undersigned officer, personally appeared JAMES AUSTIN STONER, JR., known
to me or satisfactorily proven to be the person whose name is subscribed to the
within instrument, and acknowledged that he executed the same for the purposes
therein contained.
IN WYFIqESS WHEREOF, I have hereunto set my hand and official seal.
I #0T~ $~t
~-, t IC~I~IA& R~, NOTARY PLI~u~ I
: ........... '['~,.~.~__~_N ~,,~o,~, ,, -,-~ - Notary Public
COMMONWEALTH OF PENNSYLVANIA
COUNT',' OF
On this, the /~g-~ day of May 2004, before me, a Notary Public, the
undersigned officer, personally appeared CATHER2[NE ELISABETH STONER,
known to me or satisfactorily proven to be the person whose name is subscribed to
the within instrument, and acknowledged that she.' executed the same for the
purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set: my hand and official seal.
My eommissl
Initials
Lindsay D. Baird, Notary Public
Carlisle Bom, Cumberland County
My Commissio~ ~xpires Oct. 21, 2006
Notary u~.,lJlic '
Initials
JAMES AUSTIN STONER, JR.,
Plaintiff
VS.
CATHERINE ELIZABETH STONER,
Defendant
iN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2002 - 792 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 February 13, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of filing and service of the
Complaint.
3. I consent to the entry of a final Decree in 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 made herein are made subject to the penalties of
18 Pa. C.S. §4904, relating to unsworn falsification to authorities.
Date:
ames Austin Stoner, Jr., Plaintiff
JAMES AUSTIN STONER, JR.,
Plaintiff
VS.
CATHERINE ELIgABETH STONER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2002 - 792 Civil Term
CIVIL ACTION -. LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION
3301(c) AND 3301(a)(6) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree in 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.
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 Waiver 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.
James Austin Stoner, Jr., Plain(iff
JAMES AUSTiN STONER, JR.,
Plaintiff
VS.
CATHERINE ELIZABETH STONER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2002 - 792 C. ivil 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 February 13, 2002.
The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of filing and service of the
Complaint.
3. I consent to the entry of a final Decree in 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 made herein are made subject to the penalties of
18 Pa. C.S. §4904, relating to unsworn falsification to authorities.
Date:
Catherine EliSabeth Stoner, Defendant
JAMES AUSTiN STONER, JR.,
Plaintiff
VS.
CATHERINE ELIZABETH STONER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2002 - 792 Civil Term
CIVIL ACTION .- LAW
1N DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION
3301(c) AND 3301(a)(6) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree in 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 Waiver 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:
Catherine Elizabeth Stoner, Defendant
JAMES AUSTIN STONER, JR.,
Plaintiff
VS.
CATHERINE ELISABETH STONER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2002 - 792 Civil Term
CIVIL ACTION .. LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
Personally appeared before me, a Notary Public, in and for said
Commonwealth and County, Diane M. Dils, Esquire, who being duly sworn
deposes and says that a true and correct copy of the Complaint in Divorce under
Section 3301(c) and 3301(a)(6) of the Divorce Code has been served upon the
Defendant, 519 South Middlesex Road, Carlisle, Pennsylvania 17013, by First
Class, United States Mail, Certified No. 7001 1140 0000 9826 9497.
Sworn and subscribed to
before me this./?W-- day
Attached hereto is the return receipt card executed by Catherine E. Stoner,
dated February 23, 2002, evidencing receipt of the same.
/Diane M. ])ifs, l~sc~uire
of ,~0~ ,2004.
Notary Public
~: R~u;ved By: (PrtntName)
~egistered ,~ Certffied
[] Express Mail [] Insured
[] Re~um~Merchandl~e [] COD
JAMES AUST1N STONER, JR.,
Plaintiff
VS.
CATHERINE ELISABETH STONER,
Defendant
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2002 ~ 792 Civil Term
CIVIL ACTION .. LAW
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: Irretrievably broken under Section (X) 3301(c) or
( ) 3301 (d) of the Divorce Code. (Check applicable section)
2. Date and manner of service of the Complaint in Divorce: By certified
mail on February 23, 2002.
3. [Complete either Paragraph (a) or (b).]
(a) Date of execution of Affidavit of Consent required by Section
3301(c) of the Divorce Code by Plaintiff, signed May 18, 2004; by
Defendant, May 13, 2004.
(b) Date of execution of PlaintiWs affidavit required by Section 3301
(d) of the Divorce Code: N/A; Date of service of Plaintiff's
affidavit upon Defendant: N/A.
4. Date of service of Notice of Intent to Finalize under Section 3301(d) of
the Divorce Code: N/A;
5. Date of filing of Waiver of Notice of Intent to Finalize by Plaintiff: May
19, 2004; by Defendant: May 19, 2004.
6. Related Claims Pending: See Marital Settlement Agreement Attached
hereto.
Date: May 19, 2004
· Diane M. Dils, E~quire
1017 North Front Street
Harrisbm-g, PA 17102
(717) 23:!-9724
I.D. No. 71873
Attorney for (x) Plaintiff
( ) Defendant
INTHE COURT OF CO~vliVION PLEAS
OFCUMBERLAND COUNTY
STATE Of ~ PENNA.
JAMES AUSTIN STONER, JR.
Plaintiff
VERSUS
CATHERINE ELISABETH STONER,
Defendant
NO. 2002 - 792 Civil Term
DECREE IN
DIVORCE
DECREEd thaT JAMES AUSTIN STONER, JR.
AND CATHERINE ELISABETH STONER
ARE DIVORCEd FrOM THE BONDS OF MATRIMONY.
, PLAINTIFF,
, DEFENDANT,
THE COURT rETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN raiSEd Of rEco. lr~N thiS aCTION FOr WHICH A FINAL Order HAS NOT
YETbEEN ENtered; ~i~/~/
See Property Settlement Agreement attached hereto.
Tie ST~;~
PROTHONOTARy