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HomeMy WebLinkAbout94-06497 IV .c >j3 . .I,) '7 -P ~ . - (.. 3 \ \ " "';'\1 "' f I rt l J ; f.o l:' 0- ::t'. ~ I I . o < ~~. . ,:.~:_::..~,:~~,:~:" .';~~--:.:-:' .:~'~:=.:' ~.~:. ~:~:', ':.~::_.':~:"'-':.:'_::~:'. ~:.~' -'~~~ ::+:. -:.:. -:.;.:. -:.:. .:+:. '_:'~'. ~ . . - -" - .. . , , '," . ,-, -, ~ -, '.- ~ ':.;'- :~:'-, ::+:: -~:~:. ,':.~~~':~' .;. ~ ~ ~ '.'( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY i\~~1 c."~~~~ \. ...w~.; ,"r ~l .. ~ ~ ~ STATE OF PENNA. ~ ~ ., ~ ~ KJITIIY JO WRIGHT Plaintiff 11)94 i\ II. 6497 ~ ~ '.' \' l'r.~Il."' ~ JIlMES DAVID STINE ~ w '.' Defendant .. ~ '.' w '.. DECREE IN DIVORCE AND NOW, ..l-h>~\. ~.. .... ....... 19.9.1.. it is ordered and ~ '.' *~ ~ ,'. ~ decreed that .l<<JtI:1Y.JQ.wr~g\1t................................., plaintiff, and. . . . . .. . . . .J.~.s. .Q1\v.i.d. .E\t.i,l\e. . . . . . . . . . . . . . .. . . . . . . . . . . . . . " defendant, are divorced from the bonds of matrimony. ~ ~ 8 ~ ., The court retains jurisdiction of the following claims which have been raised of record in this action for which a finol order has not yet been entered; '" :, ~ ~ ". w '.' .t'!qf\e.. .'l:l]e .~ro~r:~Y .qe~q'nen~ .I\9r:eanentexeC;l!tqdt-)ar;c;I))!j. YI'n.i;ll:lC;!.att<Jr;I:1f,'C! hereto shall be incorporated into the Divorce Decree. ............... . . ..... /~../.... ........ ", ,,~. ''')~:. ,"/ " '-- - "fl (#vr ^t1,..I'c.,;f;"Jt.~t<(~{' ,f' t<l.-a-"., A~~......~.~,.;'- ,r .~~f ,l~"l '7 - ~ PrllllwllOlill'Y w '.' ~ M ." ,;, r.' ~ .' ~ ~.' :.(d~,,"' ;; ., ~ ~ ~ - - -- ,,- . ". - ... . . . },..;. ,:.t:. .:.:. .::.:. .:.:. ,. .' ,".' .:eo:. .:.:- .:+:. .;.:. .:.:- -:.;. .:+:. :~ .:+;. .:.:. -:.;. .:.:. .:+:. .:.:- ':+:. -:+:. .:.:- <~:- .:+:. .:+;. .:+;. ':f:- .:t:- .:+;. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .. ~ s ~ ~ ,; w '.' ~ '.' .:i " ~ ~ ~ S ~ s ~ ~ I~ i~ \~ ,I~ ;..' I" l:t. . . \~ :!. ~ ~ ~ '. I" l. Husband relinquishes his inchoate intestate rights in and to the estate of the Wife and the wife on her part relinquishes her inchoate intestate rights in and to the estate of her Husband, and each of the parties hereto by these presents, for himself and herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, of any and all claims or demands, damages, actions, be they civil or criminal, causes of action, or suits at law or in equity, of whatever kind of nature for or because of any matter or thing done, committed or suffered to be done by said other party prior to and including the date thereof, except that this release shall in no way affect any cause of action in absolute divorce which the Wife or Husband may contemplate against each other, nor shall this complete and final release in any way mitigate against either of the parties hereto filing suit against the other in equity or at law enforce any right or covenant incorporated in this Agreement. Each of the parties further renounces and relinquishes any and all claims and rights that he or she may have or hereafter acquire to act as executor or administrator of the other party's estate, unless such party shall specifically designate otherwise. 2. It shall be lawful for the Husband and the Wife at all times hereafter live separate and apart from each other and to reside from time to time at such place or places as they deem fit, free from all restraint or interference, either direct or Indirect, by each other. Neither party shall molest the other or compel the 2 other to cohabit, dwell with, or support the other party by any legal proceeding. 3. Both parties waive and relinquish any claim for, or right to, or interest in any Order of alimony, alimony pendente lite, spousal support, or the like, from the other party. This provision, for the full and complete waiver of alimony or similar payment, is not modifiable by any Court, even if there should be a change in circumstances for the parties. 4. It is acknowledged that both parties have received independent legal advice from their counsel. Jerry A. Weigle, Esquire and the firm of Mark Weigle & Perkins, had represented the Husband in the procedings, however, at the time of the execution of this Agreement, husband has elected to represent himself. Gregory J. Katshir, Esquire represents the Wife. Each party acknowleages that he or she fully understands the facts and has been fully informed of his or her legal rights and obligations and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and that the execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 5. Both parties waive and relinquish any claim to, interest in, and/or claim against any of the employment benefits, separate property or other matters that may belong to the other. 6a. Except as otherwise provided, the parties agree and 3 acknowledge that they have reached a fair distribution of property. That each party has received their share of any and all marital estate matters. The parties agaJ n acknowledge that they will retain full ownership of any items in their possession, and expressly waive and relinquish any claim against any of the personalty, tangible assets, intangible assets, or any other matter, of the other party. b. Wife shall retain the 1988 Suzuki samari and Husband shall retain the 1987 Ford Ranger. Each party shall be solely responsible for the payment of any and all debt that may exist in conjunction with the vehicle retained by that party. c. Husband agrees to assume, be exclusively responsible and hold Wife harmless for the payment in full of the fallowing debts: 1. Beneficial 2. Credit Union It is acknowledged by Husband that an action has been filed by Beneficial Consumer Discount company against Husband and Wife for the collection of monies owed to Beneficial. A hearing was held on January 19, 1996. A Judgment was entered against Husband and Wife in the amount of $3811.59. Husband acknowledges that he is fully responsible for the payment of such debt and will resolve the action filed by Beneficial against the parties by paying the outstanding debt. said debts are nondischargable under sections 523 (a) (5) and (a)(15) of thp. Bankruptcy code. 4 d. wife agrees to assume and be exclusively responsible for the payment in full of the following debt: 1. Household Finance 7. Wife agrees to waive the issues of Alimony, Alimony Pendente Lite, and counsel fees and expenses that were raised in the Complaint for Divorce filed by Wife on Novembe~ 15, 1994. B. Pursuant to an Order of Court dat~d November 6, 1995, primary physical custody of the parties two (2) minor children, Travis and Jennifer, shall be with wife and Husband shall have temporary physical custody as the parties shall agree. At the time of this agreement, Husband is exercising a period of extended temporary physical custody of Jennifer. However, the Order of Court dated November 6, 1995 shall remain in full force and effect and custody of Jennifer shall only be changed by further Order of Court. The parties shall have joint legal custody of the minor child. It should be noted that prior to the time of the execution of this Agreement, Travis has reached the age of l8, has dropped out of high school, has found employment and is living on his own. 9. Wife spE'cifically relinquishes any and all interest to Husband's retirement account through the Commonwealth of Pennsylvania state Employes' Retirement system (SERS). It is acknowledged that a Court Order of November 30, 1994 states that no withdrawals or distributions shall be made from the pension pending further Order of Court. Husband shall provide SERS with a copy of this Agreement. If SERS requires that an Order of Court be issued, wife agrees to cooperate to the extent that she will agree that the 5 freeze may be lifted from the pension. 10. The parties specif ically acknowledge that the settlement arranged herein is an equitable distribution of the property of the parties, and each party waives distribution of marital property by a Court. ll. The parties cKpressly waive and relinquish any right to or claim for any entitlement provided by law and not eKpressly provided for herein. It is acknowledged by the parties that the receipt of those benefits and distributions set forth in this Agreement are in full satisfaction of or any entitlement provided for by law. 12. The parties acknowledge that they have made, to each other, a full and complete disclosure of all matters related to the assets and/or liabilities of the marital estate, and that they waive any specific listing or documentation thereof, for the purposes of this Agreement. 13. The parties agree that if he/she were to file for Bankruptcy under any section of the Bankruptcy code, he/she must notify the opposing party of such. 14. This Agreement constitutes the entire understanding of the parties. There are no representations or warranties other than those expressly herein set forth. 15. The parties agree that all questions pertaining to the effect and validity of this Agreement, and the administration of its provisions, shall be governed by the laws of the Commonwealth of Pennsylvania. The parties agree that any further action to be 6 brought for the enforcement of this Agreement shall be brought in the Courts of Cumberland county, Pennsylvania. 16. If any term, condition, clause or provision of this Agreement shall be determined to be void or invalid at law or for any other reason, then only that term, condition, clause or provision shall be stricken from this Agreement as is deemed to be void or invalid at law, and in all other respects this Agreement shall remain in full force and effect. 16. This Property Settlement Agreement shall be incorporated into the Divorce Decree to be issued in this matter at No. 94-6497 civil, in the Court of Common Pleas of Cumberland County, Pennsylvania. Upon the signing of this Agreement, Husband shall execute and file an Affidavit of Consent indicating that the marriage is irretrievably broken. Wife has previously filed an Affidavit of Consent. Wife shall instruct her counsel to obtain a Decree in Divorce as soon as possible after the filing of Husband's Affidavit of Consent. 17. This Agreement shall be enforceable in this or in any other competent jurisdiction. The provisions of this Agreement shall, in any event, survive any court judgment. WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year aforesaid intending to be legally bound hereby. 7 KATHY JO WRIGHT Plaintiff ) IN THE COURT OF COMMON PLEAS ) OF CUMBERLAND COUNTY, ) PENNSYLVANIA ) ) CIVIL ACTION - LAW l No.l'Q-CiIQ7cIVIL 1994 v. JAMES DAVID STINE Defendant COMPLAINT IN DIVORCE FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Gregory J. Katshir Esq. Attorney State 10# 61967 900 Market Street Lemoyne PA 17043 (717) 763-8133 KATHY JO WRIGHT Plaintiff, ) IN THE COURT OF COMMON PLEAS ) OF CUMBERLAND COUNTY, vs. ) PENNSYLVANIA ) ) CIVIL ACTION - LAW .:lAMES DAVID STINE ) Defendant. ) NO. CIVIL 1994 ) IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Kathy Jo Wright, by her attorney Gregory J. Katshir, Esquil."e with the following Complaint and prayer for relief wherein it is set forth as follows: COUNT I - DIVORCE 1. Your Plaintiff is Kathy Jo Wright, an adult individual residing at 130 East Creek Road, Newburg, Cumberland County Pennsylvania. 2. The Defendant is James David Stine, an adult individual currently incarcerated in the Cumberland county prison, carlisle, Pennsylvania. 3. Defendant is a national of the United States of America. 4. Plaintiff and Defendant are married through common law both having the capacity to enter into marriage, having met the licensing requirements of the Commonwealth of Pernnsylvania, having resided together since 1975 and both having expressed words in the present tense for the purpose of establishing a relationship of husband and wife. 5. Both parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months prior to the filing of this Complaint. 6. There have been no prior actions for divorce or annulment between the parties. 7. The Plaintiff avers that: a) The Defendant has offered such indignities to the person of the Plaintiff, the injured and innocent spouse, as to render her condition intolerable and her life burdensome; and b) The marriage is irretrievably broken and is irretrievably broken to the extent that the parties are separated and will remain separated into the future, for such a period as would extend beyond that provided by law for the granting of a divorce decree under the laws of our Commonwealth. B. The Plaintiff acknowledges and avers that she has been advised that marriage counseling is available to her, and to either party, and has further been advised of her right to request that this Honorable Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant her a decree in divorce. 4 COUNT II - TEMPORARY ALIMONY -- ALIMONY PENDENTE LITE 9. Paragraphs one through eight (1-8) are hereby incorporated by reference. 10. Plaintiff lacks sufficient income and property to provide for her own reasonable needs, especially as relates to her efforts in conjunction with this litigation. WHEREFORE, Plaintiff respectfully requests that this Honorable Court order Defendant to pay alimony pendente lite to Plaintiff pending resolution of her claim for alimony. COUNT III - PERMANENT ALIMONY 11. Paragraphs one through ten (1-l0) are hereby incorporated by reference. 12. Plaintiff lacks sufficient income to provide for her ne~u~ after a decree in divorce has been entered. WHEREFORE, Plaintiff respectfully requests that this Honorable Court order Defendant to pay permanent alimony to Plaintiff. COUNT IV - CUSTODY 13. Paragraphs one through five (1-5) are hereby incorporated by reference. 14. Plaintiff and Defendant are the natural parents of Travis stine, having been born on January 26, 1979 and Jennifer stine, 5 having been born on June 5, 19BO. 15. This Court has jurisdiction to decide custody under the Commonwealth Child custody Jurisdiction Act. 16. Since the birth of the minor children, Travis stine and Jennifer stine, their primary residence has been with their mother, the Plaintiff herein. 17. It is in the best interest of the minor children to remain and be placed in Plaintiff's custody. WHEREFORE, Plaintiff respectfully requests that this Honorable Court award her custody of the parties' minor children. COUNT V - CHILD SUPPORT lB. Paragraphs thirteen through seventeen (13-17) are hereby incorporated by reference. 19. The Plaintiff lacks sufficient means and ability to be able to reasonably support the minor children born of the marriage between the Plaintiff and the Defendant. 20. The Plaintiff requires a reasonable amount of support to adequately maintain the children in accordance with the standard of living established during the marriage of the Plaintiff and the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court order Defendant to pay support for the minor children to the Plaintiff. 6 COUNT VI - COUNSEl. FEES AND EXPENSES 21. Paragraphs one through 20 (1-20) are hereby incorporated by reference. 22. The Plaintiff has retained her counsel to litigate this action and has agreed to pay reasonable counsel fees and expenses. 23. Plaintiff lacks sufficient income and property to pay her attorney reasonable counsel fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an Award of Counsel Fees, Costs and Expenses that are deemed reasonable and appropriate in the prosecution of the within action. COUNT VII - EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 24. Paragraphs one through five (1-5) are hereby incorporated by reference. 25. The parties are the owners of various property which has acquired, accrued, and did appreciate during the course of the marriage. WHEREFORE, Plaintiff respectfully requests that this Honorable Court order an equitable distribution of the parties' marital property. 7 , COUNT VII -- INSURANCE POLICIES PENSION BENEFITS. AND OTHER ENTITLEMENTS 26. Paragraphs one through twenty-five (1-25) are hereby incorporated by reference. 27. Plaintiff avers that certain insurance, pension, or other monetary benefits may be available to the Defendant. By virtue of the marriage of the parties, Plaintiff may be entitled to receive some benefit from the aforemen~ioned entities. 28. Said policy or policies are vital to Plaintiff to insure the fair and equitable distribution of prope~ty as prescribed under the Divorce Code, and to allow Plaintiff to maintain an appropriate standard of living. WHEREFORE, Plaintiff respectfully requests that this Honorable Court appropriately allocate any entitlement existing for the Defendant, and order the maintenance of insurance benefits for the benefit of the Plaintiff. COUNT VIII - INJUNCTION FROM DISPOSITION OF PROPERTY PENDING SUIT 29. paragraph one through twenty-nine (1-29) hereto are incorporated herein by reference as if same were set forth at length herein. 30. The removal from this jurisdiction, disposal of, alienation, encumbering and/or disposition or marital assets by the Defendant will be detrimental to the rights of the Plaintiff and 8 KATHY JO WRIGHT PLAINTIFF ) IN THE COURT OF COMMON PLEAS ) OF CUMBERLAND COUNTY, vs. ) PENNSYLVANIA ) ) CIVIL ACTION - LAW JAMES DAVID STINE ) (;.;'61: DEFENDANT ) NO q4- 71 IVIL 1994 ) ) IN DIVORCE ORDER OF COURT AND NOW, this .J ) day of ~, 1994, on consideration of the attached petitioner's Affidavit, leave is Ql granted to the petitioner to ~~ceed in forma is releived of ~\ '~ts in this pauperis to the action. extent that she /".... / ~y. the Co ~. KATHY JO WRIGHT PLAINTIFF ) IN THE COURT OF COMMON PLEAS ) OF CUMBERLAND COUNTY, vs. ) PENNSYLVANIA ) ) CIVIL ACTION - LAW JAMES DAVID STINE ) DEFENDANT ) NO CIVIL 1994 ) ) IN DIVORCE PETITION TO PROCEED IN FORMA PAUPERIS Kathy Jo wright, Plaintiff in the above titled matter, respectfully requests this Honorable Court to grant her leave to proceed in forma pauperis to the extent that she be relieved of all costs attendant to this action. 0'''"'_1/0/1'1 2 Katshir, Esquire 1t!cny ir Rt.II.L... KATHY JO WRIGHT, ) IN THE COURT OF COMMON PLEAS OF Plaintiff ) ) CUMBERLAND COUNTY, PENNSYLVANIA vs. ) ) CIVIL ACTION-LAW JAMES DAVID STINE ) IN DIVORCE Defendant ) ) ) NO. 94 - ~ . . J CIVIL TERM AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS TO THE HONORABLE JUDGES OF SAID COURT: The petitioner, Kathy Jo Wright, residing at Cumberland County, Pennsylvania, upon her oath deposes and says: 1. I am the named plaintiff in the above titled civil action and the defendant is my husband, James David stine. 2. This affidavit is made to inform the Court as to my status of indigency and to induce the Court to grant me leave to proceed in this cause as an indigent. 3. In making this affidavit, I am aware that perjury is a felony and that the punishment is a fine of not more than $3,000.00 or imprisonment for not more than seven years or both. 4. I do not have any money on my person, at home, or elsewhere which could be used for the expenses of this proceeding. 5. I do not own any real estate, personal property, or any other assets. I am not owed any amounts of money by any other person. 6. My husband is currently incarcerated County prison, Carlisle, Pennsylvania 17013. years old. a) I last lived with my husband on or about August 21, 1994. in the Cumberland He is currently 34 b) I have no information or knowledge as to lihether my husband is employed. Currently, my husband is incarcerated at the Cumberland County Prison. c) I have brought an action for child support that is pending. However, I am unaware of my husband's employment of economic status. KATHY JO WRIGHT PLAINTIFF ) IN THE COURT OF COMMON PLEAS 1 OF CUMBERLAND COUNTY, vs. ) PENNSYLVANIA ) ) CIVIL ACTION - LAW JAMES DAVID STINE ) 6,/"3 DEFENDANT ) NO CIVIL 1994 ) ) IN DIVORCE ATTORNEY'S AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS I, Gregory J. Katshir, Esquire, attorney for the party petitioning to proceed in forma pauperis, certify that I beleive she is unable to pay the court costs of instituting this action and that I am providing free legal service to the petitioner. DATE:JI1t11lf / Katshir, Esquire 1tlmly fr atll"l . .. " KATHY JO WRIGHT Plaintiff ) IN THE COURT OF COMMON PLEAS ) OF CUMBERLAND COUNTY, ) PENNSYLVANIA ) ) CIVIL ACTION - LAW ) ) NO. 94-6497 CIVIL 1994 ACCEPTANCE OF SERVICE v. JAMES DAVID STINE Defendant FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Gregory J. Katshir Esq. Attorney State 10# 61967 900 Market Street Lemoyne PA 17043 (717) 763-8133 '. KATHY JO WRIGHT PLAINTIFF ) IN THE COURT OF COMMON PLEAS ) OF CUMBERLAND COUNTY, vs. ) PENNSYLVANIA ) ) CIVIL ACTION - LAW JAMES DAVID STINE ) DEFENDANT ) NO qli-6~r,7 CIVIL 1994 ) ) IN DIVORCE ACCEPTANCE OF SERVICE I, or>fJ('1.NAI.:L :r: (1,AI'(.l! do hereby acknowlegde receipt of the Complaint of Divorce to be served upon inmate, defendant JAMES DAVID STINE. My title at the Cumberland county Prison, carlisle, Pennsylvania is :t){:p~ tJAl!.ll;:.tJ ,::,t:.CtIR..I1't,J DATE: 1(, n.qll -ry;An, f(l~ '- "'. i,: '" i.: .. llJ ~ .- <-,. roc tj;'. ~ ;.. J ~)~ '" . _I, ( ,.j L.L: IJ; I (..0; I '" L. en I . GRE(iORY .J. KATSHIR . Allornoyallaw IlllllMorkol Slrool IOJllnynll. ronn~ylvanla 17043 (717) 70:\-1)133' Fox (717) 763.0425 (: rH (' ~. .. 1.1If - . (') ., - , FC - 1..-. (.'11 c' @i ~1. n , J '-' .,.1. . \,/; " IC"; J L' l), , r GREGORY J. KATSHIR Attornoy ot Law .. . 000 Markot Stroot Lemoyne, Pennsylvania 17043 (717) 763.6133' Fax (717) 763.9425 .. a. L ..~~ to .. tll ~ -- C). ..... r-' ,- '.' -'j ~:, -" UII u!: r' , .J Ie <...; " "rl l. L" .- . . GREGORY J. KATSHIR Altorney at Law 900 Markot Slreet lemoyne, Pennsylvania 17043 (717) 763.6133' Fex (717) 763.9425 .. GREGORY J. KATSHIR ...._-----~ ._. - -_0 Attornay at Law 900 Markat Street lemoyne, Pannsylvanla 17043 (717) 763.6133' Fax (717) 763.9425 KATHY JO WRIGHT ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ) ) CIVIL ACTION - LAW VS. ) ) NO: 94-6497 civil Term JAMES DAVID STINE ) ) Defendant ) ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce. Date: //-/y -?Cf ~m~'U~ J es Davis stine Defendant - 0 , , .' I. II " , , I 1;- ~, c. '" i; " , ': "- < <: ; ~ ~ I' C':I I. I tU , " H: " C)' r' ,~ : I (' lL' , iL . r- lo. r~ l ':-" .....- ..-..~. KATHY JO WRIGHT PLAINTIFF ) IN THE COURT OF COMMON PLEAS ) OF CUMBERLAND COUNTY, ) PENNSYLVANIA ) ) CIVIL ACTION - LAW ) ) NO 94-6497 CIVIL ) ) IN DIVORCE vs. JAMES DAVID STINE DEFENDANT CERTIFICATE OF SERVICE I, Gregory J. Katshir, Esquire, do hereby certify that I servrd a true and correct copy of Plaintiff's Emergency Petition for special Relief in the Form of an Injunction with attached Special Relief Hearing Order of Court by hand delivering said to Deputy Warden Michael J. carey, Cumberland county prison, at the Cumberland cpounty Prison on November IB, 1994. A copy of the Petition was also obtained by Frederick I. Huganir, Esquire, Defendant's counsel of record in a pending criminal action on November 16, 1994. ,.~ uvll' :N Gregory . Katshir, Esquire Attorney for Plaintiff OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanovor Slrool Carllslo, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Tr.cl Jo Collier Ofllee Men.ger/Repo~er We.l Shore 697.0371 Ex.. 6535 November 7, 1996 Gregory J. Katshir, Esquire 900 Market street Lemoyne, PA 17043 Jerry A. Weigle, Esquire MARK, WEIGLE & PERKINS 126 East King street Shippensburg, PA 17257 RE: Kathy J. Wright vs. James David stine No. 94 - 6497 civil In Divorce Dear Mr. Katshir and Mr. Weigle: By order of Court of President Judge Harold E. sheely dated October 30, 1996, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on November 15, 1994, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. The Plaintiff has filed an affidavit of consent and a waiver of notice of intention to request entry of a divorce decree. The Master is unable to determine from tile file whether or not the Defendant is willing to sign an affidavit of consent so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. However, I will proceed on the assumption that grounds for divorce are not an issue. The divorce complaint also raised the economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. I note that on the motion for appointment of Master the only claims that were specifically checked were divorce and distribution of property. perhaps counsel can clarify the difference between the statement on motion for appointment of Master and the specific claims that were raised which included alimony and counsel fees and expenses. In accordance with P.R.C.P. 1920.33(b) I am directing ... C'l Co' j;- (i, , .- IU ~ - , n- :[: , .' -~~ ~ . FE. ....: J ~' r ! I, 11"- C': , Gl~t ..... '{oj - . 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P:~ e w w >- 0 ..J n. ::e w 1I1 01 M\OCQOCQ \OMOO C'\LnMf'r-f Mt'C'\O \0 Dlcaa~ MentO '" Mf'C\LnLn ~f'\OLn '" lllrl N rl W ::e <I: z NMOC\O\ lllOl 0 W NlOlONM 010 0 W r"'l \0\00\- \D <:r -0 >- Lnr-fO\N "'rl rl 0 ..J n. ::e ur-o- w 01 Otil til III tilo-:lO ~tI: ~ Oo-:lZ '-ltl I 00 U~'co :2:UII1 6H ~N UlO 00 01 elH;;j~ H~til<>:rl UlSE-t.... r>. ~P,'" --- ~--- -- ~- - KATHY JO WRIGHT, ) IN THE COURT OF COMMON PLEAS OF Plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA ) VS. ) CIVIL ACTION - LAW ) JAMES DAVID STINE, ) NO. 94-6397 CIVIL TERM Defendant ) ) IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT AND NOW, comes Plaintiff, Kathy Jo Wright, by and through her attorney, Gregory J. Katshir, Esquire, with the following Pre-Trial Statement as follows: I. STATEMENT OF THE CASE This matter involves an equitable distribution and divorce action existing between the parties. The parties to this action are married pursuant to Pennsylvania law as it relates to common law marriage. The parties have lived together as husband and wife since 1980. The parties have, in the past, made statements to each other that recognize their marriage to each other. The validity of the marriage is not contested by either party. The parties have two (2) children, Travis Stine, age 17, and Jennifer, age 16. The children are currently residing with other family members. The parties separated on or before October 15, 1994. On October 15, 1994, Defendant physically assaulted Plaintiff in thG marital residence. Defendant was arrested and charged with aggravated assault, simple assault and reckless endangering. Defendant was incarcerated for a period of time pursuant to the arrest. Defendant subsequently plead guilty to the charge of simple assault. Since that time, the parties have lived separate and apart. An Order for Protection from Abuse was issued on October 24, 1994. Pursuant to the Order, Plaintiff was to have primary physical custody of the minor children and Defendant was to have periods of temporary physical custody as the parties could agree. This Order was extended on November 6, 1995 until October 24, 1996. On November 15, 1994, an Order of Court was issued granting Plaintiff's petition to Proceed in Forma Pauperis. An Attorney's Affidavit was attached to the Petition indicating that Gregory J. Katshir, Esquire would be representing Plaintiff in the Divorce action on a pro bono basis. A complaint in Divorce was filed on November 15, 1994 raising claims of Divorce, Alimony, Alimony Pendente Lite, Custody, child support, Counsel Fees and Expenses, and Equitable Distribution. Although the Complaint raises claims of Alimony and Alimony Pendente Lite, Plaintiff has elected not to pursue such claims. Additionally, in light of the fact that Plaintiff's counsel is representing her on a pro bono basis and she has not incurred any expenses, Plaintiff will not pursue the olaim for counsel fees. On November 30, 1994, an Order was issued, after a hearing, prohibiting withdrawals or distributions from Defendant's pension pending further Order of Court. Over the past two years, the parties have had difficulties with their teenage children. Although the Orders for Protection from Abuse grant Plaintiff primary physical custody of the children, in an attempt to keep the children on a straight path, the children did reside with Defendant for a period of time. Therefore, both parties had filed Complaints for child support. The parties have been before a Hearing Officer numerous times over the past two years regarding child support issues. currently, the children reside with other family members, and therefore, all child support Orders have been terminated. Neither party is in arrears with respect to any Order for child support. II. MARITAL ASSETS The only marital asset of any value is Defendant's pension through the State Employes' Retirement System. Defendant has been employed at Shippensburg university since 1980. As of December 31, 1994, the account balance of Defendant's retirement account was $14,189.99. In the course of settlement negotiations in December, 1995, Jerry A. Weigle, Esquire estimated the value of the account to be approximately $16,000.00. Attorney Weigle had been representing Defsndant in the negotiations. Since the parties have been married since 1980, the full value of the pension would be a marital asset. III. WITNESSES The Plaintiff intends to call the following witnesses: 1. Kathy Jo Wright, Plaintiff 2. Representative of State Employes' Retirement System IV. EXHIBITS At the trial of this matter, Plaintiff intends to introduce or otherwise utilize the following items of evidence: 1. State Employes' Retirement System statement of Account. 2. Beneficial Consumer Discount Co. v. Kathy Jo stine and James stine Notice of Judgement. 3. Household Finance account summary. 4. Credit Away account summary. 5. Affidavit Attesting to the Existence of Common Law Marriage. V. MARITAL DEBTS 1. Beneficial Consumer niscount - Judgment - $3,811.59 2. Credit Away - Approximately $4,300.00 3. Household Finance - Approximately $3,600.00 VI. PROPOSED DISTRIBUTION Plaintiff will assume the Household Finance debt and Defendant will satisfy the Beneficial Consumer Discount Judgment and assume the Credit Away debt. Plaintiff will relinquish any right she may have to any value of Defendant's pension. GENERAL RESERVATION Your Plaintiff reserves the right to amend and/or supplement this Pre-Trial Statement at anytime, up to the trial of this matter. Your Defendant further reserves the right to call, as witness, any individual identified in any exhibit, pleading, or other matter involved in conjunction with this case. Plaintiff 1. Husband relinquishes his inchoate intestato rights in and to the estate of the wife and the Wife on her part relinquishes her inchoate intestate rights in and to the estate of her Husband, and oach of the parties hereto by these presents, for himself and herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, of any and all claims or demands, damages, actions, be they civil or criminal, causes of action, or suits at law or in equity, of whatever kind of nature fo~ or because of any matter or thing done, committed or suffered to be done by said other party prior to and including the date thereof, except that this release shall in no way affect any cause of action in absolute divorce which the wife or Husband may contemplate against each other, nor shall this complete and final release in any way mitigate against either of the parties hereto filing suit against the other in equity or at law enforce any right or covenant incorporated in this Agreement. Each of the parties further renounces and relinquishes any and all claims and rights that he or she may have or hereafter acquire to act as executor or administrator of the other party's estate, unless such party shall specifically designate otherwise. 2. It shall be lawful for the Husband and the Wife at all times hereafter live separate and apart from each other and to reside from time to time at such place or places as they deem fit, free from all restraint or interference, either direct or indirect, by each other. Neither party Rhall molest the other or compel the 2 other to cohabit, dwell with, or support the other party by any legal proceeding. 3. Both parties waive and relinquish any claim for, or right to, or interest in any Order of alimony, alimony pendente lite, spousal support, or the like, from the other party. This provision, for the full and complete waiver of alimony or similar payment, is not modifiable by any court, even if there should be a change in circumstances for the parties. 4. It is acknowledged that both parties have received independent legal advice from their counsel. Jerry A. Weiglo, Esquire and the firm of Mark Weigle & Perkins, had represented the Husband in the procedings, however, at the time of the execution of this A~reement, husband has elected to represent himself. Gregory J. Katshir, Esquire represents the Wife. Each party acknowledges that he or she fully understands the facts and has been fully informed of his or her legal rights and obligations and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and that the execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 5. Both parties waive and relinquish any claim to, interest in, and/or claim against any of the employment benefits, separate property or other matters that may belong to the other. 6a. Except as otherwise provided, the parties agree and 3 acknowledge that they have reached a fair distribution of property. That each party has received their share of any and all marital estate matters. The parties again acknowledge that they will retain full ownership of any items in their possession, and expressly waive and relinquish any claim against any of the personalty, tangible assets, intangible assets, or any other matter, of the other party. b. Wife shall retain the 1988 Suzuki samari and Husband shall retain the 1987 Ford Ranger. Each party shall be solely responsible for the payment of any and all debt that may exist in conjunction with the vehicle retained by that party. c. Husband agrees to assume, be exclusively responsible and hold Wife harmless for the payment in full of the following debts: 1. Beneficial 2. Credit union It is acknowledged by Husband that an action has been filed by Beneficial Consumer Discount company against Husband and Wife for the collection of monies owed to Beneficial. A hearing was held on January 19, 1996. A Judgment was entered against Husband and Wife in the amount of $3811.59. Husband acknowledges tha~ he is fully responsible for the payment of such debt and will resolve the action filed by Beneficial against the parties by paying the outstanding debt. Said debts are nondischargable under sections 523 (a)( 5) and (a)(15) of the Bankruptcy code. 4 d. Wife agrees to assume and be exclusively responsible for the payment in full of the following debt: l. Household Finance 7. Wife agrees to waive the issues of Alimony, Alimony Pendente Lite, and counsel fees and expenses that were raised in the Complaint for Divorce filed by Wife on November 15, 1994. B. Pursuant to an Order of Court dated November 6, 1995, primary physical custody of the parties two (2) minor children, Travis and Jennifer, shall be with Wife and Husband shall have temporary physical custody as the parties shall agree. At the time of this agreement, Husband is exercising a period of extended temporary physical custody of Jennifer. However, the Order of Court dated November 6, 1995 shall remain in full force and effect and custody of Jennifer shall only be changed by further Order of Court. The parties shall have joint legal custody of the minor child. It should be noted that prior to the time of the execution of this Agreement, Travis has reached the age of IB, has dropped out of high school, has found employment and is living on his own. 9. Wife specifically relinquishes any and all interest to Husband I s retirement account through the Commonwealth of pennsyl vania state Employes I Retirement System (SERS). It is acknowledged that a Court Order of November 30, 1994 states that no wi thdrawals or distributions shall be made from the pension pending further Order of Court. Husband shall provide SERS with a copy of this Agreement. If SERS requires that an Order of Court be issued, Wife agrees to cooperate to the extent that she will agree that the 5 freeze may be lifted from the pension. lO. The parties specif ically acknowledge that the settlement arranged herein is an equitable distribution of the property of the parties, and each party waives distribution of marital property by a Court. 1l. The parties expressly waive and relinquish any right to or claim for any entitlement provided by law and not expressly provided for herein. It is acknowledged by the parties that the receipt of those benefits and distributions set forth in this Agreement are in full satisfaction of or any entitlement provided for by law. 12. The parties acknowledge that they have made, to each other, a full and complete disclosure of all matters related to the assets and/or liabilities of the marital estate, and that they waive any specific listing or documentation thereof, for the purposes of this Agreement. 13. The parties agree that if he/she were to file for Bankruptcy under any section of the Bankruptcy code, he/she must notify the opposing party of such. 14. This Agreement constitutes the entire understanding of the parties. There are no representations or warranties other than those expressly herein set forth. 15. The parties agree that all questions pertaining to the effect and validity of this Agreement, and the administration of its provisions, shall be governed by the laws of the Commonwealth of Pennsylvania. The parties agree that any further action to be 6 brought for the enforcement of this Agreement shall be brought in the Courts of Cumberland County, Pennsylvania. 16. If any term, condition, clause or provision of this Agreement shall be determined to be void or invalid at law or for any other reason, then only that term, condition, clause or provision shall be stricken from this Agreement as is deemed to be void or invalid at law, and in all other respects this Agreement shall remain in full force and effect. 16. This Property Settlement Agreement shall be incorporated into the Divorce Decree to be issued in this matter at No. 94-6497 civil, in the Court of Common Pleas of Cumberland county, Pennsylvania. Upon the signing of this Agreement, Husband flhall execute and file an Affidavit of Consent indicating that the marriage is irretrievably broken. Wife has previously filed an Affidavit of Consent. Wife shall instruct her counsel to obtain a Decree in Divorce as soon as possible after the filing of Husband's Affidavit of Consent. 17. This Agreement shall be enforceable in this or in any other competent jurisdiction. The provisions of this Agreement shall, in any event, survive any court judgment. WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year aforesaid intending to be legally bound hereby. 7