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HomeMy WebLinkAbout05-4674 LESLIE A. STONE, Plain tiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUN1Y, NSYLVANIA CIVIL ACTION - LAW NUMBER DC; '167lf 6:v:/ vs. RICHARD R. STONE, Defendant IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (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 RIGHT IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232-7536 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted de sea defenderse de las quejas expuestas an las paginas siguientes, debe tomar accion dento de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted de be presentar comparecencia esrita en persona 0 por abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones alas demandas en su contra. Se la avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier dinero reclamado en la demanda 0 por cualquier otra queja 0 compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMADA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 LESLIE A. STONE, Plain tiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUN1Y, NSYLVANIA CIVIL ACTION - LAW NUMBER 0:1'- </(,7'1 6;.;) .,"-. vs. RICHARD R. STONE, Defendant IN DIVORCE COMPLAINT UNDER !i3301 OF THE DIVORCE CODE 1. Plaintiff is LESLIE A. STONE currently residing at 726 Bosler Avenue, Lemoyne, County of Cumberland, Pennsylvania, since June, 1991. 2. Defendant is RICHARD R. STONE, currently residing at 726 Bosler Avenue, Lemoyne, County of Cumberland, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on December 23, 1983, in New Cumberland, County of Cumberland, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I REQUEST FOR A FAULT DIVORCE UNDER !i330lfa)lb) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, as to render Plaintiffs condition intolerable and life burdensome. 11. This action is not collusive as defined by ~330 1 (a)(b) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER !i330lfcl OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The marriage of the parties is irretrievably broken. 14. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to ~330 1 (c) of the Divorce Code. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER !i3323. !i3501. !i3502. !i3503. OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. Plaintiff and Defendant are the owners of the following real estate in the Commonwealth of Pennsylvania: 726 Bosler Avenue, Lemoyne, County of Cumberland, Pennsylvania. 17. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors, including the respective incomes of the parties. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323,3501,3502 and 3503 of the Divorce Code. COUNT IV REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER !i35021dl OF THE DIVORCE CODE 18. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 19. During the course of the marriage, Defendant has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. 20. Pursuant to Section 3502(d), Plaintiff requests Defendant be directed to continue maintenance of said policies. WHEREFORE, Plaintiff respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Defendant to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. COUNT V REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER 83701, 83702, and 83704 OF THE DIVORCE CODE 2 I. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 22. Plaintiff is unable to sustain herself during the course of litigation. 23. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate full-time employment. 24. Plaintiff requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to ~3704 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701, 3702 and 3704 of the Divorce code. COUNT VI REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER 83702 OF THE DIVORCE CODE 25. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 26. Plaintiff intents to retain legal counsel to represent her in this matrimonial cause. 27. Plaintiff is unable to pay her counsel fees, costs and expenses and Defendant is more than able to pay them. 28. Defendant is employed and has the ability to pay Plaintiffs counsel fees, costs and expenses. 29. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that, pursuant to ~3702 of the Divorce Code, the Court enter an order directing Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. COUNT VII REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER 83104 OF THE DIVORCE CODE 30. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 31. The public policy of the commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 32. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matter with Defendant. 33. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to ~3104 of the Divorce Code, the Court approve and incorporate such agreement in the final divorce decree. Respectfully submitted: BY: r ~ t! A?<V CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating)9. unsworn falsifica to authorities. . - , y- ~ - 0 <) DATE t~ ~ 1:\ ~. ~ ' IJ ~ ~ ~ ~ ~ ~! \ \ ~ , \. ~~~ ~ f ~ ..... l;:'- ~~ V\J ~ ~ ". ~\ ~ ~ ~ \ ~ \\ ~ r-> r-o_) ~ :' ) I,'i'l ;/ ~ -', :-'-4 F: O'_! .- MARITAL SETTLEMENT AGREEMENT AGREEMENT made this 27th day of February, 2006, by and between RICHARD R. STONE, hereinafter called "Husband," and LESLIE A. STONE, hereinafter called "Wife." WITNESSETH: WHEREAS, in consequence of disputes and unhappy differences, the parties are separated and living apart from each other; and WHEREAS, the parties desire to confirm their separation and make arrangement in connection therewith; and IT IS THEREFORE AGREED: 1. CONSIDERATION - The consideration for this Agreement is the mutual promises, covenants and agreements herein contained. 2. SEPARATION - It shall be lawful for each party at all times hereafter to live separate and apart, if they choose to, from the other party at such place or places as he or she may from time to time choose deem fit. 3. NO INTERFERENCE - Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. 4. COUNSEL FEES A. Husband agrees to pay all counsel fees incurred by him since the separation of Husband and Wife. -- ~ B. Wife agrees to pay all counsel fees incurred by her since the separation of Husband and Wife. 5. DIVISION OF PERSONAL PROPERTY - Husband shall be the sole owner of the items of personal property currently in his possession, including, but not limited to his vehicle. Wife shall be the sole owner of the items of personal property currently in her possession, including, but not limited to her vehicle. Except as outlined in this paragraph, the parties have heretofore divided their personalty to their mutual satisfaction, and hereafter each shall own and enjoy, independently of any claim or right of the other, all items of personal property of every kind, which are now owned or held or which may hereafter belong or come to him or her, with full power of disposition as if he or she were unmarried. The parties agree to divide all jointly owned personal property in as equal a manner as possible. 6. AFTER-ACOUIRED PROPERTY - Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, whether or not marital assets were utilized in the acquisition, since the date of the parties' separation, or if not separated, the date of the execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were 2 - - unmarried; and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after-acquired property of the other party pursuant to the terms of this paragraph. 7. NO-FAULT DIVORCE - The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301 (c) of the Divorce Code in Wife's Cumberland County divorce action docketed to number 05-4674 Civil, filed on September 8, 2005. Upon the signing of this Agreement or upon the passage of ninety (90) days from Husband's receipt of Wife's Complaint in Divorce, whichever shall last Occur, the parties shall execute and file all documents and papers, including affidavits of consent, so that a divorce decree may be entered. 8. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS _ Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. 3 -- Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to either party that property which the court determines to be the parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and! or arising out of the marital relationship, including but not limited to possible claims for divorce, 4 - - child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, debt allocation, and counsel fees, costs and expenses. 9. PENSION BENEFITS - Except as outlined below, Husband and Wife agree that each shall execute any documents necessary to release and waive any right, title or interest which either party may have in the other party's retirement plan (which is defined to mean pension, profit-sharing, 401(k), IRA, or any other plan or account or retirement or deferred income). Each party agrees to execute whatever documents are required to effectuate the purpose of this paragraph. Each party appoints the other as the attorney-in-fact for the purpose of consenting to any election under any plan under the applicable section 417 of the Internal Revenue Code or the applicable section of the Employee Income Security Act of 1974. It is specifically agreed that each party's rights under their respective retirement plans constitute their own separate property. Wife shall remain an irrevocable beneficiary of joint and survivor annuity on Husband's Pension benefits. 10. MARITAL DEBTS - The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall indemnify, protect and save the other party harmless therefrom. 5 . -- A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 11. WIFE'S DEBTS - Wife represents and warrants to Husband that she will not contract or incur any debts or liabilities for which Husband or his estate may be responsible and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her since the date of the separation. 12. HUSBAND'S DEBTS - Husband represents and warrants to Wife that he will not contract or incur any debts or liabilities for which Wife or her estate may be responsible and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him since the date of the separation. 13. REAL ESTATE - The parties acknowledge that they are the owners of real estate known and numbered as 726 Bosler Avenue, Lemoyne, County of Dauphin, Pennsylvania. The parties agree that the real estate shall be sold 6 - and Wife shall be the sole owner of all proceeds from the sale of said real estate. Husband agrees transfer all of his right, title and interest in said real estate to Wife by deed immediately. Both parties will continue to reside in said real estate until it is sold. Husband further agrees to share equally the cost of labor and materials to prepare the house to be sold. This shall include, but not be limited to, repairs to the ceilings, carpet cleaning, plumbing and calking in bathroom (repair of leaks), re-grout bathtub, carpet porches and basement, inside painting (living room, dining room, stairway and hall), kitchen wallpaper and paint, and repair hole in wall in the middle bedroom. 14. TAXES - Husband and Wife agree to indemnify and hold each other harmless should either party have to pay any taxes, interest and! or penalties assessed as a result of any error in the reporting of income and/or in the preparation of any tax return by the other party during the years in which they were married. 15. WAIVER OF WIFE'S CLAIMS AGAINST HUSBAND'S ESTATE- Wife does hereby remise, release, quitclaim and forever discharge Husband and his estate of and from any kind of every claim of any nature and kind whatsoever, including but not limited to any claim arising out of the marital relationship, whether arising out of any former contracts, engagements, or liabilities of Husband, or by way of dower or claim in the nature of dower, 7 -- ~ widow's rights, or under the intestate laws, or the right to elect against Husband's Will, Social Security, Pension Plans, Life Insurance Policies and any other monies, or any other claims of any nature whatsoever, except only the rights accruing to Wife under this Agreement. Wife hereby waives and renounces any preference or right to claim appointment or to qualify as the personal representative of Husband, or to administer Husband's personal estate and effects in the event that Wife survives Husband. 16. WAIVER OF HUSBAND'S CLAIM AGAINST WIFE'S ESTATE- Husband does hereby remise, release, quitclaim and forever discharge Wife and her estate of and from any and every claim of any nature and kind whatsoever, including but not limited to any claim arising out of the marital relationship, whether arising out of any former contracts, engagements or liabilities of Wife, by way of curtesy, or claim in the nature of curtesy, widower's rights, or under the intestate laws, or the right to elect against Wife's will, Social Security, Pension Plans, Life Insurance Policies and any other monies or any other claims of any nature whatsoever, except only the rights accruing to Husband under this Agreement. Husband hereby waives and renounces any preference or right to claim appointment or to qualify as the personal representative of Wife, or to administer Wife's personal estate and effects in the event that Husband survives Wife. 8 . - - 17. WAIVER OF HUSBAND'S CLAIM AGAINST WIFE'S MOTOR VEHICLE ACCIDENT SETTLEMENT - Husband does hereby waive and release any right, title, and interest he may have in Wife's personal injury settlement arising out of the motor vehicle accident that OCcurred on January 20, 2005. 18. CUSTODY AND VISITATION OF DOGS - The parties agree to share custody of the dogs in as equal a manner as possible. 19. SEPARATION/DIVORCE - This agreement is not 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 not predicated Upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce, provided, however, that 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, whether absolute or otherwise, upon just, legal and proper ground, nor to prevent either party from defendant any such action which has been, mayor shall be instituted by the other party, or 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 9 . - Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she shall forever be estopped from any illegality or unenforceability as to all or any part of this Agreement. 20. EOUITABLE DIVISION OF PROPERTY _ By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 21. MUTUAL RELEASE - Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, or his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or in equity, which either of the parties have, or have ever had, against the other including any and all rights under the Pennsylvania Domestic Relations Code, including spousal support, alimony, alimony pendente lite, equitable distribution of property and counsel fees. 22. BREACH - If either party breaches any provision of this Agreement, then he or she shall have the right to sue for damages for such breach, or seek 10 . ~ such other remedy or relief as may be available. Counsel fees and costs of the prevailing party shall be paid by the defaulting party. 23. ADDITIONAL INSTRUMENTS - Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party within a reasonable time period (presumed to be thirty (30) days after such request is made) any and all further instruments including deed(s) or releases which may reasonably be required to give full force and effect to the provisions of this Agreement. 24. VOLUNTARY EXECUTION - The provisions of this Agreement and their legal effect have been fully explained to the parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The parties acknowledge that full disclosure has been made and they have been furnished with all information relating to the financial affairs of the other which has been requested and that counsel for each of the parties have reviewed the document, or, in the absence of counsel, the party has waived his or her right to counsel. 25. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, waivers, covenants or undertakings other than those expressly set forth herein. 11 ~ 26. MODIFICATION AND WAIVER - A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist on strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default for the same or similar nature. 27. PARTIAL INVALIDITY - If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 28. BINDING EFFECT - Except as otherwise stated within, all of the provisions of this Agreement shall be binding upon the respective heirs, next of kin, executors and administrators of the parties. 29. INTENT OF PARTIES - It is the intention of the parties hereto that this Agreement is a complete and final disposition of their property rights and not a mere Separation Agreement. 30. INCORPORATION - The parties agree that the terms of this Agreement shall be incorporated but not merged into any Decree of Divorce which shall be entered. The parties understand and agree that this Agreement shall survive any such final Decree of Divorce and shall be independent thereof. Said incorporation shall be for the sole purpose of obtaining additional rights of enforcement and the parties understand that the provisions of this 12 . -. Agreement shall not be subject to any modification, unless specifically provided for in the relevant paragraph. 31. ENFORCEMENT - The parties agree that for purposes of enforcement of any of the foregoing terms regarding economic claims, including equitable distribution, alimony, alimony pendente lite, spousal support and/or counsel fees, expenses and costs, this action may be transferred pursuant to Pa.R.C.p. Rule 1920.2 to any county in which the plaintiff or the defendant resides or upon which the parties have agreed. 32. HEADINGS NOT PART OF AGREEMENT _ Any headings preceding the text of the several paragraphs and sUbparagraphs 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. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY 13 - .' -- THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties have hereunto set their hartds.and - ) seals the day and year first above written. r cL~t">c2_ WITNESS ~~~;d._ WITNESS 14 / ;)~~ /2 J ~"- . RICHARD R. STONE -- - LESLIE A. STONE, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA vs. CIVIL ACTION - LAW NUMBER: 05-4674 CIVIL RICHARD R. STONE, Defendant IN DIVORCE AFFIDAVIT OF SERVICE CHARLES E. PETRIE, Esquire, being duly sworn according to law, deposes and states that he served a true and correct copy of the NOTICE TO DEFEND, COMPLAINT UNDER SECTION 3301, COUNT I, COUNT II, COUNT III, COUNT IV, COUNT V, COUNT VI, and COUNT VII, upon RICHARD R. STONE, defendant, in the above-captioned matter, by mailing a true and correct copy of same by U.S. Certified Mail, return receipt requested, Article Number 70042510000683676241 postage prepaid, on September 9, 2005, to the following address: Name: Richard R. Stone Address: 726 Bosler Avenue, Lemoyne, PA 17043 Defendant personally received said documents on September 10, 2005, as evidenced by his signature on the certified mail return receipt card which is attached hereto and marked Exhibit "A". I verify that the statements in the foregoing Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. · Complete Items 1, 2, sod 3. Also complete Item 4 ff Restricted DeJJve,y Is des/Illd. · Print your nsme sod addnlss on the reverse so that We can Illlum the card 10 you. · Attach this card to the back of the ma"piece, or on the front ff space P9/TI1Its. 1. ArtfcIeAdd_lo: RI1HARD R. STONE 72 BOSLER AVENUE LE OYNE, PA 17043 RESTRICTED DELIVERY s. ServIce 1YPe 121 CertIIIed Mall 0 Express Mall o Reglstor8d 0 Return Receipt fer Merchandise o Insur8cl Mall 0 C.O.D. 4. Restrtcted Delivery? IE>f7a Fee) lID Yes 2. Articfe Number ~from._1a/1eIJ PS Fonn 3811, August 20~1 7004 2510 0006 8367 6241 Domestic Retum Recelpt 102595-0241540 ~ LESLIE A. STONE, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. RICHARD R. STONE, Defendant NUMBER: 05-4674 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on September 8, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. -, I verify that the statements made in this affidavit are tru ancY6'orrect. I understand that false statements herein are ~de subject to epenalties of 18 Pa.C.S. Section 4904 relating to swonyTy1sific';n to a thorities. , {I /" DATE: d~7/{)@ , , -.... LESLIE A. STONE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plain tiff vs. RICHARD R. STONE, Defendant NUMBER: 05-4674 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on September 8,2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: 3;2-C:1.( "'.-;1 / /~/{ )J.-(~ RICHARD R. STONE, DEFENDANT ---- - ~ LESLIE A. STONE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA CIVIL ACTION - LAW vs. RICHARD R. STONE, Defendant NUMBER: 05-4674 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301/cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the a t s of 18 Pa.C.S. Section 4904 relating to unsworlsification,to au orities. / "7 ----- , ~b-}ke " SLIE A. STONE,k/// PLAINTIFF / "'4 /C'_C: /c......_, DATE: , ~ LESLIE A. STONE, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA CIVIL ACTION - LAW vs. RICHARD R. STONE, Defendant NUMBER: 05-4674 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301lcl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unSWorn falsification to authorities. DATE: '3-)-06 /7" S./ c::? ,;:~ rr-------_____ RICHARD R. STONE, DEFENDANT -... .. LESLIE A. STONE, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA vs. CIVIL ACTION - LAW NUMBER: 05-4674 CIVIL RICHARD R. STONE, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of an appropriate divorce decree: 1. Ground for divorce: Irretrievable breakdown under ~330 1 (c) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of complaint and amended complaint: September 10, 2005, by certified mail. 3. Complete either paragraph (a) or (b): (a)(l) Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by plaintiff: 02/27/2006; by defendant: 03/02/2006. (a)(2) Date of execution of the Waiver of Notice of Intention required by ~3301(c) of the Divorce Code: by plaintiff: 02/27/2006; by defendant: 03/02/2006. (b)(l) Date of execution of the affidavit required by ~3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the respondent: Filed: ; Served: 4. Related Claims Pending: No claims raised. 5. Complete either (a) or (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 plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the prothonotary: March 6, 2006. (c) Date defendant's Waiver of Notice in ~3301(c) Divorce was filed with the prothonotary: March 6,2006. .4 ~~L'- k___ CHARLES E. PETRIE ATTORNEY FOR PLAINTIFF ++ + + + +"" +"" +"" +"""""" +"""" +"" +"""""" + +;+ + +"""" + + + + + + +...... + + + +"" +... + + + + + + + +;+ f;+ + +... + + + + + +"" + + +;+ + +;+ +""... +... + + + + + + + + + + + + + + + + " + + + + I ~.~ ~ i ,~ I <i>. IN THE COURT OF COMMON PLEAS OFCUMBERLA0JD COUNTY '.'.. ~\;~~.;}' , T :~;:!J, >, t. ..~, (. '!"'::,;.f.'.',\;fr ' :j ":_ ~ ' ;'i-", ::;' I j t ---.,-- ! i ~ I $;', ~:j:;. 4;. .}. $ :'K ~. 4> t 1: "t.. "'. ~ ~t ~t .(}. , ~ ~-. ~ %: . <+:. % * I ~ .+'" $ <+, .~ t ~ * % t 1> .;+-~ 1> . .~. ~...."f>..."'i "" "" "" + + + "" + "" "" "" + "" "" "" "" "" "" "" 1\."-l'~.o}.~"" "" "" + "" "" + + + + "" + + ... ... + ... ... ... ... ... ..., ... ... + ... ... ... I' + + ... ... + 'l-r: PEI\,JNA. STATE OF LESLIE A. STONE, No. 05-4674 Civil Plaintiff VERSUS RICHARD R'.~'l'()_N]';! Defendant DECREE IN DIVORCE M IX (COO\.. ._-~- ..1.llJLfL... IT ISO R DE RED AN D AND NOW, LESLIE A. STONE . PLAINTIFF'. DECREED THAT RICHARD R. STONE , DEF"~IDANT, AND ARE DIVORCED FROM THE BOf'JDS OF MATRIMONY. TH" COURT R"TAINS JUFnSDICTION Ole TI4E FOLLOWING CLAIMS WHICH HAVE 8E~:-=:N RAISE_D OF r~ECORD IN THIS ACT!or,1 FC)r~ WHICH A FIN!0...L ORDFF~ HI-\S NOT YET ElEEN ENTERED: __ ~'!'.,X~ FURTHER ORDERED that t]1~ parties' Mari tal..,Settlement Agreement dated February 27, 2006, shall be incorporated into, but not merged with, this Decree in Divorce. By T:'1 <=:()U RT: ~'i~ PROT>-iONOTARY ATTE~;'-I-. J. .* & ~rp,,,, 7~t, ???J:V i-v $ r:rt?W ~. n 'ir/" ;. .' -71!. b ) lLo'" (.... . ~ \ ." ... '", . . t '-.~-..,:..