HomeMy WebLinkAbout94-06254
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF * PENNA.
DONNA L. STAMBAUGH,
Plaintiff
l'\ II. ,94".6254 CIVIL,,,TERM
VI '1".... ll.'i
IRVIN E. STAMBAUGH, JR.,
Defendant
AND NOW,
DECREE IN
DIVORCE
, , ' 'j \J ~ " , , , , , , ' , '. 19, 97 '. it is ordered and
deereed that ,',"" [lONNp,J;.., ,S,'r~MIlAt1GH, , . ' , . . . . . . . . . , . , , . " plaintiff.
and, , , . " "l;~v;rN, fl. ,STAMBAUGH" ,JR., . , , , , ' , , ' , , . . . . '. defendant.
are divoreed from the bonds of matrimony.
The court retains jurisdietion of the following claims which have
been raised of reeord in this aetion for whieh a final order has not yet
been entered; VOII\...Q
The te,rms, o,f ,the, parties' Separation, ,and,Prc;>p~rt;y ll,et;UeJlleot",
A,9reem.ent, e,ntered ,~~to .9!l. ^,I~ n ,7" , ,1,9,97, ar.e, inc,9.r(oz,at:ed ,here-ion.
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!ly Th\'t C.,nur/..'
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( rr.7 Prothonntary
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NOW. THEREfORE, the parties hereto in consideration of the mutually made and
to be kept promises set fonh hereinafter and for other good and valuable consideration.
and intendina to be legally bound and to legally bind their heirs. successors. usisns. and
personal representatives, do hereby covenant. promise and agree u follows:
ARTICLE I
~
1.1
It shall be lawful for Husband and Wife at all times hereafter to live separate and
apart from each other and to reside from time to time at such place or places as they shall
respectively deem fit free from any control. restraint. or interference, direct or indirect, by
each other. Neither pany shall molest the other or compel or endeavor to compel the
other to cohabit or dwell with him or her by ar,:' legal or other proceedings, The
foregoing provision shall not be taken to be an admission on the part of either Husband or
Wife of the lawfulness of the causes leading to them living separate and apan.
ARTICLE /I
DIVORt;.(
2.1
This Agreement is not predicated on divorce, It is specifically understood and
agreed by and between the parties hereto that each of the said panics 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,
OJ 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 commencins. instituting or prosectlling any action or actions for divorce,
either absolute or otherwise. upon just. lesal and proper grounds; not to prevent either
party trom defending any such action which hu been, may, or shall be instituted by the
other party, or from making any just or proper defense thereto. It is warranted.
convenanted, and represented by Husband and Wife. each to the other, that this
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Aareemenl is lawful and enforceable and lhis warranly, covenanl, and represenlalion is
made for Ihe specific purpose of inducins Hu~band and Wife 10 execule Ihe Asreement
HUlband and Wife each knowinsJy and underslandinsly hereby waive any and all possible
c1aima lhallhis Aareemenl is, for any reason, iIIepl, or for any reason whalsoever of
public: policy, unenforceable in whole or in part. Husband and Wife 00 each hereby
warrant, covenanl and aaree that, in any possible evenl, he and she are and shall forever by
estopped trom asserting any illegality or unenforceabilily as to all or any part of Ihis
Agreement
1.1
II is further specifically understood and agreed thaI Ihe provision of this
A8I'eemenl relaling 10 the equitable distribution of property of the parties are accepted by
each party u a final settlemenl for all purposes whatsoever, Should eilher of the parties
obtain a decree, judgment or order of separation or divorce in any other state, country. or
jurisdiction, each of the panies to this Agreement hereby consents and agrees that this
Aareement and all its covenants shall not be affected in any way by any such separation
and divorce,
1,3
This Agreement shall survive any decree in divorce and shall be forever binding
and conclusive on the panies, II is understood by and between the parties that this
Agreement shall be incorporated into any decree. divorce or separation. but it shall not be
deemed merged in such decree,
ARTICLE III
EQIJJTA,l",( DIStBLIIJJJON OF MARITAL PR9PIBIX
3.1
The panies have attempted to divide their marital property in a manner which
conforms to the criteria set forth in the Pennsylvania Divorce Code, and takinS into
account the foUowins considerations: the length of the marri.ge; the prior marrilles of
the parties; the age, health, station, amount and sources of income. vocational skills.,
employability; estate, liabilities., and needs for each of the parlies; the contribution of one
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party to th, education, training or increased earning power to the other party; the
opponunity of each party for future acquisition of capital assets and income; Ihe sources
of income of both parties, including but not limited 10 medical, retirement. insurance or
other benefits; the contribulion or dissipalion of each party in Ihe acquisition, preservation.
depreciation, or appreciation of marital propeny, including Ihe contribulion of a pany as a
homemaker; the value of the property sel apart to each party; the slandard of living of the
panies established during Iheir marriage; the economic circumstances of each pany,
including federal, state and local lax ramifieations. al Ihe lime of the division of the
property is to become effective; an<i whether Ihe panies will be serving as Ihe custodian of
any dependent minor children.
J.:Z
The division of existing marital property is not limited to Ihe parties 10 constitute
in any way a sale or exchange of assets and the division is being effecled without Ihe
introduction of outside funds or other property nOI constiluting marilal property The
division of property under this Agreemenl ,hall be in full satisfaction of all rights of
equitable distribution of Ihe parties
J.J
Personal hODertv. The parties acknowledge that Ihey have divided Iheir
personal property, tangible and intangible. 10 their mulual satisfaction wilh the exception
of the Christmas holiday decorations, The parties agree that Husband shall drop off at
Wife's parents' home all of Ihe parties' Chrislmas decorations Wife shall choose which
items she wishes to retain, Wife will then return the remaining decorations 10 Husband's
possession, Husband shall drop off Ihe decorations al Wife's parenu' home within Ihree
weeks of the signing of the agreement. Parties further acknowledge thaI they have the
cash, accounu. or other tangible or intangible property in their possession that they wish
to have and neither will make any claim whatsoever against the other party for any other
items of personal property or assets Ihat are in other party's possession,
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3.4
We IllsunDce. Each pany agrees that the other party shan have sole
ownership of any life insurance policies owned by the other pany, Each pany shall have
the right to borrow against, cash in policies, change beneficiaries, and exercise any other
incidents of ownership of the respective policies free of any right or claim by the other
party. Each pany agrees to sign any documents necessary to waive, relinquish or transfer
any rights in such policies to the respective pany who presently owns such policies,
3.!
8ub.eauelltl". Acauired PrClDertv. Husband and Wife agree to waive and
relinquish any and all right that he or she may now have or hereafter acquire in any real or
tangible personal property subsequently acquired by lhe other party Husband and Wife
specifically agree to waive and relinquish any right in such propeny that may arise as a
result of the marriage relationship,
3.6
R.a1 z.tate. The parties are the joint owners of real estate located at 18 Acri
Meadow Road, Enola, Cumberland County. PeMsylvania which propeny is curren.:y held
in the names of the parties as tenanu by the entireties, Wife shall, contc-mporaneously
with the execution of this Agreement by Wife, execute a Special Warranty Fee Simple
Deed conveying all of her right, title and interest in the aforesaid real estate Said deed
shall be returned to Wife's counsel and held by Wife's counsel pending the distribution of
lump sum proceeds as hereinafter provided
In addition, the parties are owners of certain real estate located in Tiago County.
"'cMsylvania which are referenced in the deed recorded in the Tiago County Recorder of
Deeds Office in Deed Book 467, Page 6S8, Contemporaneously with executing this
Agreement, Wife shall execute a Special Warranty Fee Simple Deed conveying all of her
right, litle and interest in the aforesaid real estate to Husband, Said deed shall then be
provided to Wife's attorney pending the dislribution of the lump sum proceeds IS
ltereinat.er provided,
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In addition the panies are joint owners of two cemetery pl"ts located at Rolling
Green Memorial Gardens in Cumberland County, Contemporaneously with the execution
of this Agreement, Wile shall execute an Assignment of the aforesaid cemetery plots to
Husband. Said Assignment shall then be provided to Wife's attorney pending the
distribution of lump sum proceeds is hereinafter provided.
In the event that Wife must execute any additional documents relative to the
conveyance of the cemetery plots or parcels of real estate as herein belore described. she
will execute those documents within fifteen (1 S) days of being requested to do so by
Husband or Husband's representative
In the event that there are any encumbrances of any nature whatsoever against the
aforesaid parcels of real estate or cemetery plots. Husband is and shall remain the sole and
exclusive responsible party relative to payment of any such encumbrance, Husband shall
indemnifY Wife and hold her harmless from and against any and all demands for payment
of collection activity of any nature whatsoever relative to any such encumbrances,
Within thiny (30) days of execution of this Agreement. Husband shall secure
appropriate financing or shall establish appropriate financial arrangements through
whatever means he determines appropriate. in order to disburse to Wife, through counsel,
the sum of FORTY-EIGHT THOUSAND and XX/IOO DOLLARS ($48.000,00)
Husband shall secure such financin~ and shall process the atoresaid sum through his legal
counsel to Wife's legal counsel, At the time of disbursement of the FORTY-EIGHT
THOUSAND and XX/100 DOLLARS ($48,00000) lump sum payment to Wife's legal
counsel, Wife's legal counsel shall deliver to Husband's counsel. the aforesaid two deeds
and the aforesaid Assignment
Upon distribution of the lump sum proceeds and delivery of the deeds and
assignment as aforesaid, Wife shall have no additional claim of any nalure whatsoever
relative to any legal or equitable ownership interest or rights to access to the aloresaid
parcels of real estate. and likewise shall have no clllm of any legal or equitable interest in
the aforesaid cemetery plots,
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3.7
PeasJaIl. R.ttre.ellt. Pro8t-8hula.. Wife agrees to waive. relinqlJish
and transfer any and all right. title and interest she has in Husband's pension. profit-sharing
or retirement accounts through his employment which has resulted in certain benefits
throup the Central Pennsylvania Teamsters retirement accounts and retirement funds, In
addition, Wife hereby waives. relinquishes and transfers any and all right. title and interest
she has in any such retirement accounts that Husband may have been secured through his
employment or which he may have secured in his individual name, In the event it is
necessary for Wife to execute any documents to so waive. relinquish or transfer her
interest in any such retirement account, she should do so within fifteen (IS) days of being
requested to do so by Husband or his legal representative,
Husband agrees to waive, relinquish and transfer any and all right. title and interest
he has or may have in his individual capacity or as Wife's Husband in any and all pension,
profit-sharing, retirement accounts. stock options. or similar accounts which Wife may
have with her present or past employment or which she may have secured independently,
In the event it is necessary for Husband to execute any documents to so waive, relinquish
and (ransfer his interest in any of the aforesaid retirement accounts. he shall do so within
fifteen ( IS) days of being requested to do so by Wife or her legal representative,
3.8
V....cl... The parties have in their possession and ownership vehicles that they
shall retain as their sole and exclusive possession, In the event it is necessary for either
party to execute documents to convey any interest in the vehicles in the other parties'
possession, they shall do so within fifteen (IS) days of being requested to do so by the
other party or their legal representative,
In addition. however. the parties are the owners of a certain 1966 Chevrolel
Corvette, which vehicle is presently titled in the name of Wife Husband shall provide
Wife, through counsel, with the original title to the aforesaid vehicle, as well as any
documents such as sales tax terms which are necessary to be signed in order for the
aforesaid vehicle to be transferred into Husband's sole and exclusive ownership and
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possession. Wife shall execute any such documents that Ill! presented to her within fifteen
(I S) days of being requested to do so by Husband or Husband's legal representative.
Upon transfer of title, Husband shall have and retain sole and e"clusive ownership and
poueuion, u well u all right. title and interest to the aforesaid vehicle. In the event that
there is any encumbrance on the aforesaid vehicle, Husband shall be solely and e"clusively
responsible for the aforesaid encumbrance and shall indemnitY Wife and hold her harmless
ITom and asainst any and all demands for payment or collection activity of any nature
whatsoever relative to sueh encumbrance, In addition. Wife shall incur no e"pense
whatsoever relative to the tiling and recording of the transfer of ownership of the aforesaid
vehicle,
3.9
lataoldble '.rsooal ProDertv. The panies have already transferred or
waived rights and interests in other intangible personal property, including their various
bank accounts, credit union accounts and the like, Neither party will make any claim of
any nature whatsoever against the other relative to financial accounts or other investments
or intangible personal property that has already been retained by the other pany,
ARTICLE IV
~LlMOfjY. ALIMONY PEN()ENTe I,.(TE. SPOUSAL SUPPORL
CHIl,.D SUPPORT AND MAINTENANCE
4.1
The parties herein acknowledge that they have each secured and maintained a
substantial and adequate fund with which to provide thl!mselves sufficient resources to
provide for their comfort. maintenance and support in the station of life in which they are
accustom. Husband and Wife do hereby waive. release and give up any rights they may
respetlfully have againslthe olher tor alimony, support or maintenancel
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4.1
Husband and Wife specifically waive, release and give up any and all rights for
alimony. alimony pendente lite and spousal support pursuant to Chapter 37 of the
Domestic: Rellltions Code. This provision regarding alimony, alimony pendente lite.
spousal support is non-modifiable.
ARTICLE V
.DEBTS OF THE P~RTIES
S.I
Each party represents to the other that except as otherwise ~pecifically set forth in
this Agreement. and more panic:ularly as set forth in subparagraph 5, 1 above. there are no
major outstanding obligations of the parties; that since the separation neither party has
contracted for any debts for which the other will be responsible and each party mdemnities
and holds harmless the other for all obligations separately incurred or assumed under this
Agreement.
ARTICLE VI
MISCELI..ANEOUS PROVISIONS
6.1
~ of Coaa.e1. The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel. being Bradley L.
Griffie, Esquire for Husband and Jill M, Wineka. Esquire for Wife, The parties
acknowledge that they have had the opportunity to review the provisions of this
Agreement and further have had the opportunity to secure legal counsel and advice
relative to the legal eITect of this Agreement The parties acknowledge that they have
either received inde~endent legal advice from counsel of their own seleetion or that they
have specifically chosen with full knowledge and on their own volition, to not seek legal
advice relative to this Agreement. They further acknowledge that they fully understand
the facts that are the basis of this Agreement. They acknowledge and accept that it is
being entered into freely and voluntarily, after having the opportunity to r~ceive legal
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advice and with the knowledge that e;t(ecution or this Agreement is not the result of any
duress or undue influence, and funher that it is not the result of the collusion 01' improper
or iIIesallsreement or agreements
6.1
CouD.~1 F.... El\Ch pany agrees to be responsible lor his or her own JeSal
fees and e;t(penses, and each pany hereby agrees to waive any claim for alimony, ali/llony
pendente lite, counsel fees, e;t(penses or costs
6.3
"utu" R..I..... Husband and Wife each do hereby mutually remise, release,
quitclaim, and fcrever discharge the other and the estate of such other, for all times to
come and for all purposes whatsoever, of and from any and all right. title and interest, or
claims in or against the property (including income and gain from property hereafter
accruins) of the other or against the estate of such other, of whatever nature and
wheresoever situate, which he or she now has or at any time hereafter may have against
such other. the estate of such other. or any part thereof. whether arising out of any former
acts, contracts. engagements. or liabilities of such other as by way of dower or curtesy. or
claims in the nature of dower or curtesy or widow's or widower's rights. family e;t(emption,
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 of a surviving spouse to participate in a deceased spouse's estate. whether arising
under the laws of (a) Pennsylvania. (b) any state, commonwealth or territory of the United
States, or (c,) any other country, or any rights which either party may have or at any time
hereafter have for 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 ctherwise. except and only e;t(cept. all rights and agreements and obligations of
whatsoever nature arising or which may arise under thi s Agreement or for the breach of
any thereof It is the intention of Husband and Wife to give to each other by execution of
this Agreement a full. compl~e, and general release with respect to any and all property of
any kind or natL',re, real or personal. not mixed. which the other now owns or may
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hereafter acquire, except and only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of
any thereof.
6.4
baID::mW!L The parties agree that any and all financial obligations assumed
herein shall not be subject to discharge through bankruptcy proceedings, This includes.
but is not limited to. all financial obligations assumed under Paragraph 3 6. 4, 1. and S I of
this Agreement. In the event either party allemllts to avoid financial obligations described
herein through bankruptcy proceedin!!s the other party shall have an independent claim
against the party claiming bankruptcy for any and all sums that the other party assumes or
is required to pay due to the aetions of the party claiming bankruptcy, F'Jrther, all rights
available to the other party provided for in Paragraph 6,14 hereinafter shall be available to
the party not filing bankruptcy,
6.S
Wanantles. Each party represents that they have not hereto fore incurred or
contracted for any debt or liability or obligation for which the estate of the other party
may be responsible or liable, except as may be provided for in this Agreement. Each party
agrees to indemnitY or hold the other party harmless from and against any and all such
debts, liabilities or obligations of every kind, including those for necessities, except for the
obligations arising OUI of this Agreement. Husband and Wife each warrant . covenant,
represent and agree Ihat each will. now and at all times hereafter. save harmless and keep
the other indemnified from all debts, charges and liabilities incurred by Ihe other after the
execution date of .his Agreemenl. except as is otherwise specifically provided for by the
lerms of Ihis Agreement and that neither of Ihem hereafter incur any liability whatsoever
for which the eSlate oflhe olher may be liable,
6.6
No waiver or modification of any of the terms of this Agreement shall be valid
unItlss in writing IlId signed by both parties and no waiver of illY breach hereof or default
hereunder shall be deemed a waiver of any subsequent default of the same or similar
;,ature,
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6.7
Husband and Wife covenant and agree that they will forthwith execute any and all
written instruments, assignments, releases, satisfactions. deeds, notes or such other
writinas IS may be necessary or desirable for the proper implementation of this
Agreement, and as their respective counsel shall mutually agree should be so executed in
order to carry fully and eft'ectively the terms of this Agreement.
6.8
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania which are in eft'ect as of the date of execution of this
Agreement.
6.9
This Agreement shall be binding and shall inure to the benetit of the parties hereto
and their respective heirs. executors. administrators. successors and assigns,
6.10
This Agreement constitutes the entire understanding of the panies and supersedes
any and all prior agreements and negotiations between them, There are no representations
or warranties other than Ihose expressly set forth herein.
6.11
S....r.bWty. If any term. condition. clause, section. or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise. then
only that term, condition. clause, or provision shall be stricken from this Agreement. and
in all other respects. this Agreement shall be valid and continue in full forte, ellect, and
operation, likewise. the failure of any party to meet his or her obligation under anyone
or more of the articles and sections herein shall in no way void or alter the remaining
obligations of the parties
6.12
It is specifically understood and agreed that this Agreement constitutes an
equitable distribution of property, both real and personal, which was legally and
beneficially acquired by Husband and Wife. or either of them, during the marriage as
contemplated by the Divorce Code of the Commonwealth of Pennsylvania,
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6.13
Rlacloau.. The panies each warrant and represent to the other that he or she
has made a full and complete disclosure to the other of all assets of any nature whatsoever
in which pany has an interest, of the sources, and amount of the income of such pany of
every l}pe whatsoever, and all other facts relating to the subject matter of this Agreement.
6.14
Ealorc..bWty aD4 CODslderatloD. This Agr<<ment shall survive any
action for divorce and decree of divorce and shall forever be binding and conclusive on the
panies: and any independent action may be brought, either at law or in equity, to enforce
the terms of the Agreement by either Husband or Wife until it shall have been fully
satisfied and performed, The consideration for this contract and agreement is the mutual
benefits to be obtained by both the panies hereto and the covenants and agreements of
each of the panies to the other, The adequacy of the consideration for all agreemen13
herein contained in stipulated, confessed. and admitted by the panies, and the parties
intend to be legally bound hereby, In the event either party breaches the aforesaid
Agreement and it is determined through appropriate legal action that the alleged pany has
so breached the Agreement, the breaching pany shall be responsible for any and all
attorney's fees as well as costs and expenses associated with litigation incurred by the non-
breaching pany to enforce this Agreement against the breaching pany, In the event of
breach. the non-breaching pany shall have the right, at his or her election, to sue for
damages for such breach or to seek such other and additional remedie! as may be available
to him or her including equitable enforcement of the Agreement.
IN WITNESS WHEREOF, the parties hereunto set their hands and seals the day
and year tirst mentioned above,
WITNESSES
(J!~~
IRVIN E. STMmA H, ,
"/711 ~~/Y~
Date DONNA L STAMBAUGH
.5.:1/-77
Date
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DONNA L. STAMBAUGH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
CIVJ.~ ACTI~N - LAW
NO .Lfq(P')S~IVIL TERM
IN DIVORCE
IRVIN E. STAMBAUGH, JR.,
Defendant
NOTICE TO IRVIN E. STAMBAUGH. JR. TO DEFEND AND CLAIM RIGHTS
YOU IIAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your
children.
When the ground for divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling.
A list of marriage counselors is available at the Office of the
Prothonotary in the Cumberland County Court House, 3 South
Hanover Street, Carlisle, Pennsylvania,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE FINAL DECREE OF
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.
Court Administrator
Fourth Floor
Cumberland County Court House
Carlisle, PA 17013
Telephone: (717) 240-6200
Page 1 of 1
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. CIVIL TERM
DONNA L. STAMBAUGH,
Pl~intiff
IRVIN E. STAMBAUGH, JR.,
Defendant
IN DIVORCE
COMPLAINI
AND NOW, comes the Plaintiff, DONNA L, STAMBAUGH, by her
Attorney, Bruce A, Grove, Jr., and files this her Complaint in
Divorce against the Defendant, IRVIN E, STAMBAUGH, JR., upon the
grounds hereinafter more fully set forth:
1. The Plaintiff, DONNA L. STAMBAUGH, is an adult
individual and a citizen of the Commonwealth of Pennsylvania and
of the United States of America, and her current place residence
is 1088 Oyster Mill Road, Camp Hill, Cumberland County,
Pennsylvania 17011.
2. The Defendant, IRVIN E, STAMBAUGH, JR., is an adult
individual and a citizen of the Commonwealth of Pennsylvania and
of the United States of America, and his place of residence is 18
Acri Meadow Road, Enola, Cumberland County, Pennsylvania 17025.
3. The Plaintiff has been a bona fide resident of the
Commonwealth of Pennsylvania for at least six months immediately
previous to the commencement of this action.
4. The parties hereto have been living separate and apart
continuously since August 16, 1994.
Page 1 of 4
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5. The Plaintiff and Defendant were married on July 19,
1975, at Cumberland County, Pennsylvania by a Minister of the
Gospel.
6. There have been no prior actions in Divorce or for
Annulment of the marriage between the parties hereto in this or
any other jurisdiction,
7. The Plaintiff avers that this action is not collusive,
as defined by Section 3309 of the Divorce Code.
8, Neither party to this action in divorce is a member of
the Armed Forces of the United States of America.
9. The Plaintiff has been advised of the availability of
counseling and that the Plaintiff or Defendant has the right to
request the Court to require the parties to participate in such
counseling, The Plai~tiff herewith waives her right to request
Court ordered counseling.
COUNT I
COMPLAINT UNDER SECTION 3301 (c) OF THE DIVORCE CODE
10. Paragraphs 1 through 9 hereof are hereby incorporated
herein as if fully set forth.
11. The marriage is irretrievably broken.
WHEREFORE, Plaintiff requests the Court to enter a Decree of
Divorce.
Page 2 of 4
~OUNT I I
COMPLAINT UNDER SECTION 3301(d) OF THE DIVORCE CODE
12. Paragraphs 1 through 11 hereof are hereby incorporated
herein as if fully set forth.
13. The Plaintiff and Defendant have been separated and
living apart since August 16, 1994.
14. At the time of the trial, if appropriate, Plaintiff
will submit an Affidavit that the parties have lived separate and
apart for at least two (2) years, pursuant to 23 Pa. C.S.A.
Section 3301(d) (1). (Act 1990-206, Recodification of the Divorce
Code of 1980, as amended, effective March 19, 1991).
15. The marriage is irretrievably broken.
WHEREFORE, the Plaintiff requests the Court to enter a
Decree of Divorce.
COUNT I II
COMPLAINT UNDER SECTION 3301(a) (6) OF THE DIVORCE CODE
16. Paragraphs 1 through 15 hereof are hereby incorporated
as if fully set forth.
17. The Plaintiff avers that in violation of their marriage
vows from the date of said marriage and thence-forward, the said
Defendant, IRVIN E. STAMBAUGH, JR., has offered such indignities
to the person of the Plaintiff, the innocent and injured spouse,
so as to render the Plaintiff's life burdensome and her condition
intolerable.
Page 3 of 4
.
WHEREFORE, Plaintiff requests the Court to enter a Decree of
Divorce.
COUNT IV
CLAIM FOR DETERMINATION AND DISTRIBUTION OF PROPERTY
UNDER SECTION 3502 OF THE DIVORCE CODE
18. Plaintiff hereby incorporates by reference all of the
averments contained in paragraphs 1 through 17 of this Complaint.
19. Plaintiff and Defendant have acquired property, both
real and personal, during their marriage from July 19, 1975 to
August 16, 1994, the date of their separation;
20. Plaintiff and Defendant have been unable to agree as tv
an equitable division of the property; therefore, Plaintiff
claims her portion thereof by equitable distribution in
accordance with law.
WHEREFORE, Plaintiff requests your 'Honorable Court to enter
an Order granting equitable division of the proper.ty and for such
further relief as the Court may deem equitable and jU$t.
Respectfully submitted,
Date: ~,.J1I) 1'tJt.f
BY'- t~-:,,," -~~ .~\~ lL
BR A. GRO E, ., E .
Attorney for Plaintiff
1513 Cedar Cliff Drive
Camp Hill, PA 1701l
(717) 763-4167
Supreme Court #15502
Page 4 of 4
.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
SS:
DAUPHIN
Personnally appeared before me, a Notary Public in and for aald County and
Commonwealth,
DONNA L. STAMBAUGH
who. beillll duly sworn according to law, deposes and says that the facts contained in the
within COMPLAINT IN DIVORCE
are true and correct to the best of he r
information, knowledge and belief.
/kJJ??/l ~)~~
Sworn' ~ aubscribe4 to
before me this :1(1 l7day
of S-t ...~ 19i:{
By CommissioN Expires:
HolilIIaI ...,
Qordon V. lWnlltoll, Notary PullIIc
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DONNA L. ST A,'\{BAUGH, : IN mE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : Crvn. ACTION. LAW
IRVIN E. STAMBAUGH, 1Jl, : No, 94-6254
Defendant : IN DIVORCE
AFFlpAVIT OF CO~
1. A Complaint in Divorce under Section 3301(c,) of the Divorce Code wu llIed
OD November 2, 1994,
2. The marriage of PlaintitT and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of the tiling of the Complaint.
3, I consent to the entry of a final Decree of Divorce after service of Dotice of
intention to request entry of the decrees,
I VERIFY TIiAT TIlE STATEMENTS MADE IN mE FOREGOING
AFFIDAVIT ARE TRUE AND CORRECT, I UNDERSTAND TIiAT FALSE
STATEMENTS HEREIN ARE MADE SUBJECT TO TIlE PENALTIES OF Pa.C,S.
4904 RELATING TO UNSWORN FALSIFICATION TO AtJrnORITIES,
DATE: _513/7/
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DONNA L, STAMBAUGH
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION. LAW
: NO, 94.6254
: IN DIVORCE
DONNA L, STAMBAUGH,
Plaintiff
IRVINE, STAMBAUGH, JR"
Defendant
WAIV~R OF NOTICE OF INTENTION TO REOVEST
~~TRY OF A DIVORCE DECREE
UNDER SI!:CTlON; JJOUc.\ OF THE 1)IVO~CE C01)E
I. 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 affidavit are true and correct, I understand
that false statements herein are made subject to the penalties of 18 Pa.C,S, Section 4904
rtlatina to unsworn falsification to authorities,
DATE: -5' ;l1.Cn
IRVIN E. STAMBAU
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DONNA L. STAMBAUGH,
Plainrift'
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION. LAW
VI.
IRVIN E. STAMBAUGH, JR,
Def'eDdant
: NO, 94-6254
: IN DIVORCE
lIblVER OF Non::!: OF INTEN'qOr~ TO REOUES'{
U!D\Y OF A DIVORCE DEcq,l
lll.JER SEClJQN 3301lc.l OF 'I1IE DxYORCE CQJ2,1
1. I CODSllnt to the entry ofa 6.naI decree in divorce without notice,
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expense; 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
Coun and that a copy of the decree will be sent to me immediat,l~ after it is filed with the
Prothonotary.
I verUy 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: ..5- )1.1)-;; 7
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DONNA L, STAMBAUGH
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I, JILLM. WINEKA. ESQUIRE, do hereby certify that I served a
true and correct copy of the within Praecipe upon the fo1lowing by
depositing same in the United States Mail, First Class postage,
postage prepaid, addressed as follows,
Bradley L. Griffie, Esquire
Griffie & A,ssociates
200 North Hanover Street
Carlisle, PA 17013
Attorneys for Defendant,
Irvin E. Stambaugh
Bruce E. Grove, Jr., Esquire
1513 Cedar Cliff Drive
Camp Hill, PA 17011
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Ji M. Wineka, Esquire
At orney In # 58802
PURCELL, KRUG & HALLER
1719 North Front Street
Harrisburg, PA 17102
('717) 234-4178
Attorneys for plaintiff
Dated: 7 /11/ q I.,
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IN THE COURT OF COMMON PLEIAS
CUMB~RLAND CO., PENNSYLVANIA
NO, 94-6254
DONNA L. STAMBAUGH,
Plaintiff
IRVIN E. STAMBAUGH, JR.
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICB 0. BLBCTION TO RBTAKB MAIDBN NAMm
NOTICB is hereby given that the Plaintiff in the above matter,
having been granted a final Decree in Divorce from the bonds of
matrimony on the 11th day of June, 1997, hereby elects to retake
and hereafter use her maiden name of DONNA L. KUNKBL and gives this
written notice avowing her intentions in accordance with the
provisions of the Act of May 25, 1933, P.L. 192, as amended.
/J~~,._'.~~
DONNA L. STAMBAUGH
to be known as:
~rU c/ ~
DONNA L. KUNKEL
Dated: (P I2ltlQ 7
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF (l.lI'Y\b-crlw,rl
AND NOW, this ~q~ day of
8B:
:J Lt('\~
, 1997,
personally appeared before me, a Notary Public, in and for said
Commonwealth and County, DONNA L. STAMBAUGH, who, being duly sworn
according to law, does depose and state that she is the person
whose name is subscribed to the within document, and acknowledges
that she executed the foregoing for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~'~~
My Commission Expires:
NOTARIAL SEAl.
JUANITA It SAMn:...~ PlM:
ClmllIIIl, C4I COul1ly
loti Commlnlon ElCplrn Nov, 15, 18Qi