HomeMy WebLinkAbout04-5844
BARBARA F. STEWART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
CML ACTION - LAW
SCOTT W. STEWART,
Defendant
NO. 2004 -
DIVORCE
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NOTICE TO PLEAD
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that
if you fail to do so the case may proceed without you and a judgment may be entered against
you by the Court without further notice for any money claimed in the complaint or for any
other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania
717-249-3166
BARBARA F. STEWART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Defendant
: CIVIL ACTION LAW
: NO. 2004 - :: f '-It/-
: DIVORCE
v
SCOTT W. STEW ART,
COMPLAINT
Plaintiff, Barbara F. Stewart, by her attorneys, Broujos & Gilroy, P.c., sets forth the
following:
1
Plaintiff, Barbara F. Stewart, is an adult individual residing at 9 Emerald Circle, Carlisle,
Cumberland County, Pennsylvania.
2
Defendant, Scott W. Stewart, is an adult individual residing at 9 Emerald Circle, Carlisle,
Cumberland County, Pennsylvania.
3
Plaintiff and Defendant were married in Cumberland County Pennsylvania on June 28, 1980.
4
Both Plaintiff and Defendant have resided continuously in the Commonwealth of
Pennsylvania and in Cumberland County for at least 6 months prior to the commencement of
this action.
5
There have been no prior actions of divorce or for annulment between the parties.
6
The marriage is irretrievably broken.
7
The Plaintiff requests the court to enter a decree of divorce.
WHEREFORE, the Plaintiff requests your Honorable Court to enter a decree divorcing her
from the Defendant.
BROUJOS & GILROY, P.C.
By 011- XJ
Hubert X. Gilroy, Esqui
Attorney for Plaintiff
Broujos & Gilroy, P. .
4 North Hanover Street
Carlisle, P A 17013
717-243-4574
VERIFICATION
I verify that the statements made in the foregoing document 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: if /8/0L!
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Barbara F. Stewart
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WAYNEF. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
BARBARAE. STEWART,
Plaintiff
v.
SCOTT W. STEWART,
Defendant
TO: Curtis R. Long, Prothonotary
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
: NO. 04-5844 CIVIL TERM
: IN DIVORCE
PRAECIPE
Please enter the appearance of the undersigned and acknowledgment of acceptance
of a certified copy of the Complaint in the above-captioned matter on behalf of
Defendant.
Date: December 8, 2004
dJa ~
Wayne ~de, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pemlsylvania 17013
Telephone: 717-243-0220
Attorney for Defendant
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BARBARA F. STEWART,
Plaintiff
IN THE COURT OF COMMON LEAS OF
CUMBERLAND COUNTY, PEN SYLVANIA
'"
y
No. 2004-5844 CIVIL TERM
SCOTI W. STEWART,
Defendant
CML ACTION-LAW
IN CUSTODY
COURT ORDER
AND NOW, this z /. day of r>'?a..ui , 20oQj' upon consid tion of the
attached Stipulation, it is ordered and directed as follows:
1. Mother, Barbara F. Stewart, and the father, Scott W. Stewart, sh enjoy shared
legal custody of Jonathan S. Stewart, born December 24, 1988.
2. Upon ultimate separation of the parties, physical custody of the minor child shall be
handled with mother and father enjoying shared physical custody th the minor
child. The schedule shall be on a week on/week off basis with the parti to arrange a
mutually agreeable time for exchange of custody.
3. The parties may modify the custody schedule in any way they may agr .
4. In the event that either party desires to have this Order of Court mod. ed, that party
may petition the Court to have the case assigned to a Custody onciliator for
Conference.
BY THE COURT,
cc~bert X. Gilroy, Esquire
..,wayne F. Shade, Esquire J
BARBARA F. STEWART,
Plaintiff
IN THE COURT OF COMMON EAS OF
CUMBERLAND COUNTY, PEN SYLVANIA
v
No. 2004-5844 CIVIL TERM
SCOTT W. STEWART,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
STIPULATION
The parties to the above captioned action hereby agree and stipulate that the C
the attached Custody Order and the parties hereby agree to the terms set forth the order.
Witness:
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Witness:
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Barbara F. Stewart ate
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3301 (e).not
BARBARA F. STEWART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v
: No. 2004-5844
CIVIL TERM
SCOTT W. STEWART,
Defendant
: CIVIL ACTION-LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. A Complaint in divorce under Section 330I(C) of the Divorce Code was fIled on
November 19, 2004.
2. Defendant acknowledges receipt and accepts service of the Complaint on or about
December 8, 2004.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a fmal decree of divorce without notice.
5. 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.
6. 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 .
7. 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 in the foregoing pleading are true and correct. I understand that
false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn
falsification to authorities.
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Barbara F. Stewart, Plaintiff
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WAYNEF.SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
BARBARA€STEWART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
v.
: NO. 04-5844 CIVIL TERM
SCOTT W. STEWART,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE
OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER S3301(c)
OF THE DIVORCE CODE
COMMONWEAL TH OF PENNSYL VANIA)
) SS:
COUNTY OF CUMBERLAND )
I.
A Complaint in Divorce under S3301(c) of the Divorce Code with Notice of
Availability of Counseling was filed on November 19, 2004, and service was by
acceptance of service on December 8,2004.
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 mtry of a Final Decree of Diyorce without notice.
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
4.
I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! 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 adyised of the ayailability of marriage counseling and of my right to
counseling and understand that I may request that the Court require that my spouse and I
participate in counseling.
7.
I understand that the Court maintains a list of marriage counselors in the Domestic
Relations Office, which list is ayailable to me upon request.
8.
Being so advised, I do not request that the Court require that my spouse and I
participate in counseling prior to a Divorce Decree's being handed down by the Court.
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
9.
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.
S4904 relating to unsworn falsification to authorities.
Date:
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Scott W. Stewart
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WAYNE F. SHADE
Artorney at Law
53 Wt:S\ Pomfret Street
Carlisle, Pennsylvania
17013
PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
THIS AGREEMENT, made this $()-d day of G(JA-':>X ,2005, at
Carlisle, Cumberland County, Pennsylvania, by and between SCOTT W. STEWART of9
Emerald Circle, Carlisle, Cumberland County, Pennsylyania 17013 (hereinafter
referenced as "Husband")
AND
BARBARA E. STEWART of926 Rockledge Drive, Carlisle, Cumberland County,
Pennsylvania 17013 (hereinafter referenced as "Wife").
ARTICLE I
SEP ARA nON
1.0 I Separation of Parties. Differences have arisen between the parties as a
result of which they have been liying separately and apart since on or about January 8,
2005.
1.02 Intention to Live Apart. The parties intend to maintain separate and
permanent domiciles and to live apart from each other. It is the intention and purpose of
this Agreement to set forth the respective rights and duties of the parties while they
continue to live apart from each other and to settle all financial and property rights
between them.
ARTICLE II
ENFORCEABILITY AND CONSIDERA nON
2.01 Equitable Distribution of Marital Property. The parties haye attempted to
divide their marital property in accordance with the statutory rights of the parties and in a
manner which confonns to the criteria set forth in ~401 of the Pennsylvania Divorce
Code, and taking into account the following considerations: Any prior marriages of the
parties; the age, health, station, amount and sources of income, vocational skills,
employability, estate, liabilities and needs of each of the parties; the contributions of each
party; the opportunity of each party for future acquisition of capital assets and income; the
sources of income of each party, including, but not limited to, medical, retirement,
insurance or other benefits; the contribution or dissipation of each party in the acquisition,
preservation, depreciation or appreciation of marital property, including the contribution
of each party as homemaker; the value of the property set apart to each party; the standard
of living of the parties established during the marriage; and the economic circumstances
of each party at the time the division of property is to become effectiye.
The division of (~xisting marital property is not intended by the parties to constitute
in anyway a sale or exchange of assets, and the division is being effected without the
introduction of outside funds or other property not constituting marital property. The
division of property under this Agreement shall be in full satisfaction of all rights of
WAYNEF.SHADE
Attorne,,! Law equitable distribution ofthe parties.
53 West Pomfrel Street
Carlisle. Pennsylvania
17013
-2-
WAYNEF.SHADE
Attorney at Law
53WeSl Porn fret Street
Carlisle, Pennsylvania
170\3
2.02 Incorporation and Merger. This Agreement shall be incorporated but not
merged in the decree of divorce contemplated herein. This Agreement shall survive any
action for divorce and decree of divorce and, unless otherwise set forth herein and, except
as to issues of child support and child custody, shall forever be binding and conclusive on
the parties; and any ind.:pendent action may be brought, either at law or in equity, to
enforce the terms of this Agreement by either Husband or Wife until it shall have been
fully satisfied and performed. Any proyisions herein concerning property rights, alimony
and counsel fees shall not be modifiable. The considerations for this Agreement are the
mutual benefits to be obtained by both of the parties hereto and the coyenants and
agreements of each ofthe parties to the other. The adequacy of the consideration for all
agreements herein contained is stipulated, confessed and admitted by the parties, and the
parties intend to be legally bound hereby.
2.03 Agreement Predicated on Divorce. It is specifically understood and
agreed, by and between the parties hereto and each of the said parties does hereby warrant
and represent to the other, that the execution and delivery of this Agreement is predicated
and conditioned upon the concurrent execution of Affidavits of Consent to the pending
divorce proceedings. Nothing contained in this Agreement shall prevent or preclude
either of the parties hereto from commencing, instituting or prosecuting any action or
actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor
-3-
to prevent either party from defending any such action which has been, mayor shall be
instituted by the other party, nor from making any just or proper defense thereto. It is
warranted, covenanted and represented by Husband and Wife, each to the other, that this
Agreement is lawful and enforceable and this warranty, covenant and representation is
made for the specific purpose of inducing Husband and Wife to execute the Agreement.
Husband and Wife each knowingly and understandingly hereby waive any and all
possible claims that this Agreement is, for any reason, illegal or for any reason
whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do
each hereby warrant, covenant and agree that, in any event, he and she are and shall
forever be estopped from asserting any illegality or unenforceability as to all or any part
of this Agreement.
2.04 Representation by Independent Counsel. Each of the parties is
represented by independent counsel in the preparation and execution of this Agreement.
Husband is represented by Wayne F. Shade, Esquire, and Wife is represented by Hubert
X. Gilroy, Esquire.
ARTICLE III
EQUITABLE DIVISION OF MARITAL PROPERTY
3.01 Equitable Division of Real Property. Concurrently with execution of this
Agreement, Wife shall execute a special warranty deed to be prepared by counsel for
WAYNE F. SHADE
5] ~:~~:'m~;;a~"" Wife which will transfer to Husband all of her right, title and interest in and to the real
Carlisle, Pennsylvania
170]]
-4-
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
CarlisJe,Pennsylval\ia
17013
estate premises known and numbered as 9 Emerald Circle, Carlisle, Cumberland County,
Pennsylvania, with improvements thereon erected. The deed shall be held in escrow by
counsel for Wife pending issuance ofa full and final Decree in Divorce and Husband's
cash payment to Wife within thirty (30) days of the date of this Agreement. The cash
payment to Wife shall be Thirty-Nine Thousand Six Hundred Seventy-Four and Noll 00
($39,674.00) Dollars less the then payoff on the automobile loan at Members 1st Federal
Credit Union which will be paid directly by counsel for Husband from the cash payable to
Wife. Husband will either have Wife released from the mortgage against the marital
residence at Citizens Bank or will refinance the mortgage. Husband shall have exclusive
possession of said real estate pending further agreement of the parties or Order of Court.
3.02 Equitable Division of Personal Property.
(a) The furniture, household goods and other similar untitled personal property
have been divided to the mutual satisfaction of the parties hereto, and each of the parties
retains absolute ownership of such items in his or her possession or control at the date of
this Agreement. The property shall be deemed to be in the possession or under the
control of either party it: in the case of tangible personal property, the item is physically
in the possession or control of the party at the time of the signing of this Agreement and,
in the case of intangible personal property, if any physical or written evidence of
ownership, such as pas~book, checkbook, policy or certificate of insurance or other
-5-
WAYNE F. SHADE
Alforne)' at Law
53WestPomfretStreet
Carlisle, Pennsylvania
17013
similar writing is in the possession or control of the party, unless provided otherwise in
this Agreement.
(b) Husband shall be required to make the necessary arrangements for a rollover,
within thirty (30) days from the date of this Agreement, of the sum of Forty-Three
Thousand Three Hundred and No/IOO ($43,300.00) Dollars from Husband's tax-deferred
employee accounts to a tax-deferred rollover account to be designated by Wife.
(c) The parties will execute and deliver any documents necessary to formally
release their rights and all claims to the life insurance of the other.
(d) Each of the parties will retain ownership of the motor vehicles that are in their
respective possessions, and they will execute and deliver any documents necessary to
formally release their rights and all claims to the motor vehicle of the other.
ARTICLE IV
DEBTS OF PARTIES
4.01 Loans. Responsibility for the outstanding loan obligations of the parties is as
set forth hereinabove.
4.02 Post-Separation Obligations. Each party represents to the other that, except
as specifically set forth immediately above, there are no outstanding joint obligations of
the parties and that since the separation neither party has contracted for any debts for
which the other will be responsible.
-6-
WAYNE F. SHADE
Al10mey at L~.w
53 West Pomfn~t SHeet
Carlisle, Pennsylvania
17013
4.03 Indemnifieation. Each party indemnifies and holds harmless the other for
all obligations separately incurred and for all obligations assumed under the provisions of
this Agreement.
4.04 Bankruph~y. The respective duties, covenants and obligations of each party
under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy
court should discharge a party of accrued obligations to the other, this Agreement shall
continue in full force and effect thereafter as to any duties, covenants and obligations
accruing or to be performed thereafter. In the event that either party becomes a debtor in
bankruptcy or financial reorganization proceedings of any kind while any obligations
remain to be performed by that party for the benefit of the other party pursuant to the
provisions of this Agrel:ment, the debtor spouse hereby waives, releases and relinquishes
any right to claim any exemption (whether granted under state or federal law) to any
property remaining in the debtor as a defense to any claim made pursuant hereto by the
creditor spouse, and the debtor spouse hereby assigns, transfers and conveys to the
creditor spouse an interest in all of the debtor's exempt property sufficient to meet all
obligations to the creditor spouse as set forth herein, including all attorney's fees and
costs incurred in the enforcement of this paragraph or any other provision of this
Agreement. No obligation created by this Agreement shall be discharged or
dischargeable, regardless of federal or state law to the contrary, and each party waives any
-7-
and all right to assert that any obligation hereunder is discharged or dischargeable. The
failure of any party to meet his or her obligations under anyone or more of the paragraphs
herein, with the exception of the satisfaction of conditions precedent, shall not in any way
void or alter the remaining obligations of either of the parties.
ARTICLE V
ALIMONY
5.01 Qualified Waiver. Each of the parties waives alimony generally. However,
any obligations assumed by the parties under this Agreement as to which benefits flow to
the other spouse shall be payable as alimony for the purposes of enforcement and so as to
constitute an exception to discharge in bankruptcy but will not be deductible by the payor
or taxable to the payee for income tax purposes.
ARTICLE VI
COUNSEL FEES
6.01 Present Fl'es. In the event of amicable settlement of all marital issues and
the entry of a Decree in Divorce pursuant to mutual consent within ninety (90) days from
the date of this Agreement, each of the parties hereby assumes his and her own counsel
fees up to and including the date of the Decree in Divorce.
6.02 Counsel Fees After Divorce. The parties agree with respect to counsel fees
WAYNE F. SHADE incurred after the divorce, as follows:
Attorney at Law
~3 West Pomfret Street
Carlisle, Pennsylvania
17013
-8-
(a) In the event that future legal proceedings of any nature may be necessary for
the interpretation or enforcement of this Agreement or any valid modifications hereof, the
substantially prevailing party shall be entitled to reasonable counsel fees incurred.
(b) Reasonable counsel fees hereunder shall be defined as reasonable hours
expended at the then hourly rate of counsel for the substantially prevailing party.
(c) Such counsel fees shall extend to any independent proceedings necessary to
collect counsel fees or to enforce any other judgment or decree in connection with this
Agreement.
(d) Such counsel fees shall be payable as alimony so as to constitute an exception
to discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee
for income tax purposes.
ARTICLE VII
GENERAL PROVISIONS
7.01 Income Tax Consequences. The parties have heretofore filed joint federal
and state income 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 indemnity 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
WAYNE F. SHADE
53 ~~t:\';::~~"~;;,,,\ be paid solely and entirely by the individual who is finally determined to be responsible
CarliskPennsylvania
17013
-9-
WAYNE F. SHADE
A\tomey at Law
5:) West Pomfret Street
Carlisle, Pennsylvania
17013
for the deficiency or assessment. Except as otherwise set forth herein, any income tax
incidents of any kind imposed by virtue of any transfers of assets or other payments
required under this Agreement will be the responsibility of the transferee.
7.02 General Release of All Claims. Each party hereto releases the other from
all claims, liabilities, debts, obligations, actions and causes of action of every kind that
have been incurred relating to or arising from the marriage between the parties. However,
neither party is relieved or discharged from any obligation under this Agreement or any
other instrument or document executed pursuant to this Agreement.
7.03 Subsequent Divorce. Nothing herein contained will be deemed to prevent
either of the parties from maintaining a suit for absolute divorce against the other in any
jurisdiction based upon any past or future conduct of the other, nor to bar the other from
defending any such suit. In the event any such action is instituted or concluded, the
parties will be bound by all of the terms of this Agreement.
7.04 Waiver of Estate Claim. Except as otherwise herein provided, in the event
of the death of either party hereto, each party hereby waives, releases and relinquishes any
and all rights thathe or she may have or may hereafter acquire as the other parties' spouse
under the present or future laws of any jurisdiction, as follows:
(a) to elect to taJ<e against the will or codicils of the other party now or hereafter
enforced.
-10-
WAYNE F. SHADE
Attorney at Law
53 West Porn fret Streel
Carlisle, Pennsylvania
170\3
(b) to share in the other party's estate in cases of intestacy.
(c) to act as executor or administrator of the other party's estate.
7.05 No Debts lInd Indemnification. Each party represents and warrants to the
other that he or she will not incur any debt, obligation or other liability, other than those
already 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 hereafter initiated
seeking to hold the other party liable for any other debt, obligation, liability, act or
omission of such party or for any obligation assumed by a party hereunder, the party
liable will, at his or her sole expense, defend the other against any claim or demand,
whether or not well-founded, and that he or she will indemnity and hold harmless the
other party in respect to all damages resulting therefrom. The obligation created
hereunder will be payable as alimony so as to constitute an exception to discharge in
bankruptcy.
7.06 Full Disclosure. Each party asserts that he or she has made a full and
complete disclosure of all of the real and personal property of whatsoever nature and
wheresoever located belonging in anyway to each of them, of all sources and amounts of
income received or receivable by each party, and of every other fact relating in anyway to
the subject matter of this Agreement. These disclosures are part of the considerations
made by each party for entering into this Agreement. The parties confirm that they have
-11-
WAYNE F. SHADE
AltorneyatLaw
53 West Pomfrd Street
Carlisle, Pennsylvania
17013
relied on the completeness and substantial accuracy of the financial disclosure of the
other as an inducement to the execution of this Agreement. The parties acknowledge that
there has been no formal discovery conducted in their pending divorce action and that
neither party has filed an inventory and appraisement as required by Section 3505(b) of
the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party
to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code,
of any interest owned 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 are expressly preserved. In the event
that either party, at any time hereafter, should discover such an undisclosed asset, the
party shall have the right to petition the Court of Common Pleas of Cumberland County
to make equitable distribution of said asset. The party to whom the asset was not
disclosed shall be entitled to seek, from the non-disclosing party, payment of reasonable
counsel fees, costs or expenses incurred in seeking equitable distribution of said asset.
Notwithstanding the foregoing, this Agreement shall in aU other respects remain in fuU
force and effect.
7.07 Right to Live Separately and Free from Interference. Each party will live
separately and apart from the other at any place or places that he or she may select.
Neither party will molest, harass, annoy, injure, threaten or interfere with the other party
-12-
WAYNE F. SHADE
Altorney at Law
53 We,,\ Pomfrc\ Street
C<1Tlisk, Pennsylvania
17013
in any manner whatsoever. Each party may carry on and engage in any employmcnt,
profession, business or other activity as he or she may deem advisable for his or her sole
use and benefit. Neither party will interfere with the use, ownership, enjoyment or
disposition of any property now owned or hereafter acquired by the other.
7.08 Agreement Voluntary and Clearly Understood. Each party to this
Agreement acknowledges and declares that he or she, respectively:
(a) Is fully and completely informed as to the facts relating to the subject matter of
this Agreement and as to the rights and liabilities of both parties.
(b) Enters into this Agrecment voluntarily after receiving the advice of
independent counselor. having had the opportunity to do so, having decided not to do so.
(c) Has given careful and mature thought to the making ofthis Agreement.
(d) Has carefully read each provision of this Agreement.
(e) Fully and completely understands each provision of this Agreement, both as to
the subject matter and 10gal effect.
7.09 Compliance. The parties will execute and deliver any documents necessary
to formally conclude any of their obligations under the terms of this Agreement to each
other. Any failure of a party to execute and return to the other, within thirty (30) days of
receipt, a document thcct is necessary to formally conclude any obligation under the terms
of this Agreement shall be regarded as a material brcach of this Agreement.
-13-
7.10 Default. If either party fails in the due performance of any of his or her
material obligations hereunder, the party not in default will have the right to act against
the other, at his or her election, to sue for damages for breach hereof, or to rescind this
Agreement or seek such other legal remedies as may be available to either party. Nothing
herein shall be construed to restrict or impair either party in the exercise of this election.
The failure 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 provision of this Agreement or of the
right to require strict performance of any other obligations under this Agreement.
7.11 Amendment or Modification. This Agreement may be amended or
modified only by a written instrument signed by both parties.
7.12 Successors and Assigns. Unless expressly provided herein, this Agreement
will be binding on and inure to the benefit of the respective legatees, devisees, heirs,
executors, administrators, assigns and successors in interest of the parties.
7.13 Law Governing Agreement. This Agreement shall be governed by and
construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at
the date of execution h,Teof irrespective where in the world either or both of the parties
hereto may reside, be domiciled or own property in the future.
7.14 Reconcilial ion. Irrespective of the reference in the title of this Agreement to
marital separation, this Agreement is intended to be a postnuptial agreement. In the event
WAYNE F. SHADE
Attomey at Law
53 WestPornfretStred
Carhsle,f'ennsyl'Vania
17013
-14-
WAYNE F. SHADE
Attorney at Law
53 West Pomrrel Street
Carlisle. Pennsylvania
17013
of reconciliation, attempted reconciliation or other cohabitation of the parties hereto of
short or long duration after the date of this Agreement, this Agreement shall remain in full
force and effect in the absence of a written Agreement signed by both parties hereto
expressly setting forth that this Agreement has been revoked or modified. Any attempted
reconciliation which does not result in a written agreement signed by both parties hereto
expressly setting forth that this Agreement has been revoked or modified shall not
establish any additional marital rights or obligations as a result of the attempted
reconciliation.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals, intending to be legally bound hereby, the day and year first above written.
Signed, Sealed and Delivered
in the Presence of:
(~ C)1~
I
I
~CJd;ft.J $lol~
Scott W. Stewart
(SEAL)
qjf
~F~SEAL)
Barbara E. Stewart
-15-
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle,Pennsylvania
17013
COMMONWEALTH OF PENNSYL VANIA )
) SS:
COUNTY OF CUMBERLAND )
On this, the ...Bo Vt-day of ~
undersigned officer, personally appeared SCOTT W. STEWART, known to me (or
,2005, before me, the
satisfactorily proven) to be the person whose name is subscribed to the foregoing
Agreement and acknow ledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~C)1~
Notary Public
COMMONWu.L.TH Of' PE;NNSYLVANJA
NOTARIAL SEAL
CONNIE J TRITT, Notary Public
Carlisle Bora., Cumberland County
My Commission Expires October 5, 2008
COMMONWEALTH OF PENNSYLVANIA)
) SS:,
COUNTY OF CUMBERLAND ) \ A./']'/;:
/$-IIJ . XJrl.A.fJ1.-!.::R/(
On this, the..ta"~ day ofC:e~A{]Pw.-t ,2005, before me, the
undersigned officer, personally appeared BARBARA E. STEWART, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the foregoing
Agreement and acknow ledged that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seaL
;.4{dL D1JtJICo-
Notary ~c
COMMONWIiALTH OF PENNSYLVANIA
Notarial Se81
Shelly _, Notary Public
Canisle Bore, Cumberland County
My Commission Ex>>res Aug. 5, 2009
Member, ?ennsylvania Association of Notarie!i
-16-
-
-~
BARBARA F. STEWART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 2004-5844 CIVIL TERM
SCOTI W. STEWART,
Defendant
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: Irretrievable breakdown under Section 3301(c) of the Divorce
Code.
2. Date and manner of service of the Complaint: Service was accepted on behalf of the
Defendant by Wayne F. Shade, Esquire, by Praecipe filed December 9, 2004, a copy of
which is attached hereto and marked Exhibit A.
3. Date of execution of the Affidavits of Consent required by Section 3301(c) of the
Divorce Code: By the Plaintiff on October 11, 2005; by the Defendant on October 11,
2005.
4. Related claims pending: None.
5. Complete either (a) (b).
(a) Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached:
(b) Date Plaintiff's Waiver of Notice was filed with the Prothonotary: 10/11/05
Date Defendant's Waiver of Notice was filed with the Prothonotary: 10/11/05
e X. i1roy, Esquire
Attorney for Plaintiff
Broujos & Gilroy, PC
4 North Hanover Street
Carlisle, PA 17013
717-243-4574
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PEN NA.
BARBARA F. STEWART,
Plaintiff
No. 2004-5844
VERSUS
SCOTT W. STEWART,
Defendant
DECREE IN
DIVORCE
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AND NOW,
N(f~
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2005
DECREED THAT
BARBARA F. STEWART
AN D SCOTT W. STEWART
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
Civil
Term
, IT IS ORDERED AND
, PLAINTIFF,
, DEFENDANT,
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
YET BEEN ENTERED;
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
Property Settlement Agreement dated August 30, 2005 is
incorporated into this Order.
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PROTHONOTARY
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