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HomeMy WebLinkAbout95-05313 ~ I I t<) " l'l') \c") I 'In <l" 'I ~ ':.:' ~.::,i.~~:..::!:.::~;~:' -':!='_"::~' --~:' ~'_ '~;:.~:~:_ :'=.:'~~~: '::!:'~:~::::!:' . '~;:::!:' ),':':: ~':!:' ~:' .-:!=:"~~'~.::~!:', ~~ ::!=' ~4 ~ ~ ','J " ~\ '.'1 ~I ".'i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNA. ~I' ',' ~ ',' w ',' ~ ... ~I '.', ~! .'. ~ W ',' STATE OF CORINNA M. STROMAN, Plaintiff l\' n, 95:-5~13 w ',' qCJVI,L, 1<) ~. \"'1';..;,11:-; w ',' SCOTT S. STROMAN, :1 ~i ~ , , , , ~) , J WI '."1 Defendant DECREE IN DIVORCE ~I .. .', ~ ~I ~l ',' ~ AND NOW, ' , f~~,\. '! ,"',1, ,l.L. , , , , , " 19 ~,~ , , " it is ordered and decreed that ,~or,inn,:" ~', ,s~,roDlap."""""""""""",., plaintiff, and ,,~C;:9~.t< .$., ,~t;.r9I1\iln"""".,., """"""',.".,..,,'. defendant, are divorced from the bonds of matrimony, ~ ,~ ~ ,:, ~ The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; w ',' ~ ~ , , , , ~,l!~, ",a,I:Hal, ,set,tl~!IIent MJ;'4i!~lD.ent, Ailtell. ,~4i!b.rquy, .5. , 1,996. i~ hereby incor~orated intoth~s, .I)e~~~e. ,IAJ;>~V,01;l:~..."". ~ ~ ~ .,' Dv The a:~cfj Au..., J . j , . . i . '/:.),y .....J, ~ ~""4' /..~ ~r..,_._-" ' 1, .v/ ~. J ~'_/ , -- ,I"~( ~ -3L!rf", ~ 7 - "7 Prnlhunnlary ~ ~ 8 :1 , i .' _I '{to;. ~ ~:~M--~'~,**,~.,*~,_,~oc,~,*,~,~~,~,,~~ W <:' s ~ <:' ~ " W <:' 8 S 8 ~ ~ " w ',' 8 8 ~ w ;: I; (~ i~ )' i' i~ 1M f~ I" i~ ) , I,:, ,~ i: )~ ) . I", /,." (~ " '" '~ ~ ~ '.' ~ '" .~ ~ '. ~ ~ f. ~ cJ'~3 -ri/ tV, 1'1/ ilV::;// -z6 4 A~ a .c)] 9~ 71~tU /I~ ~ a#. /~~ '. .. -':'''., ,,*>'(\'-;';',.('.' . -'-.- --,:' " '-- ~",..!i). fl.""" ArtOfllNtvAT U,W II [MAIN STReET SM'ReMAHSTOWN, "''' 11'011 7'7-731*1.61 . . . . MARRIAGE SETTLBMBNT AGRBBMBNT THIS AGREEMENT made this S-#.. day of H-bru.lJfL-, 199', by and between Scott S. Stroman, (hereinafter referred to as "Husband,") and Corinna M. Stroman, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on November 8, 1985; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, one child was born of this marriage, Cassandra L. Stroman, born on May 12, 1992; and WHEREAS, Husband and Wife desire to settle and determine their rights, obligations, support and custody of the child; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2 . III'rERFEREHCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the child of the parties at any time which might in any way influence the child adversely against the other party. 3. DIVISION OF PERSONAL PROPERTY The parties have agreed to divide between them and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in conunon. Neither party will make any claim to any such items which are now in the possession or under the control of the other. 4. AUTOMOBILES The Wife is the owner of a 1990 Nissan Stanza. The rights and title to the vehicle is to remain with Wife. Wife shall maintain separate insurance on her vehicle and be responsible for any and all maintenance and/or related expenses. The Husband is the owner of a 1992 Pontiac Sunbird, Husband shall maintain separate insurance on his vehicle and be responsible for any and all maintenance, expenses and loan payments related thereto. 5. DIVISION OF REAL PROPERTY The real property previously owned by the parties has been sold. Each party shall be responsible for reporting 50% of the capital gain derived from the sale of the marital home on their applicable tax return, However, notwithstanding the foregoing, each party shall be entitled to defer the capital gains taxes pursuant to the rollover or other applicable provisions under the Internal Revenue Code. 6. MARITAL DEBTS Husband shall be responsible for all marital debts solely in his name and Wife shall be responsible for all marital debts solely in her name. Husband agrees to be responsible for the debt on the 1992 Pontiac. The jointly owned Sears debt of approximately $1,200.00 is to be equally divided with Wife establishing her own account and transferring approximately $600.00 from the sears account into her individual account. There are no other joint debts. 7. SHARED CUSTODY The parties agree that they shall share legal custody of their child. This means that the parties shall consult with each other regarding the major parenting decisions affecting the child's health, education and welfare. Wife shall enjoy primary physical custody of the parties' minor child subject to the liberal, temporary physical custody and visitation of the Husband as follows: 2 a. child up from 5:00 p.m. Every other weekend from Friday when he picks the day care/school (approx, 5:00 p.m.) until Sunday at b. The holidays of New Years Day, Memorial Day and Labor day in odd years and Easter, Independence Day and Thanksgiving in even years. Holidays will run from 5:00 p.m. the day before the holiday until 7:00 p.m. the day of the holiday. c. wife shall have the child in odd years from December 24 at 8:00 p.m. until December 25 at 4:00 p.m. and in even years from 5:00 p.m. December 24 until 4:00 p.m. December 25. Husband shall have the child in odd years on December 24 from 5:00 to 8:00 p.m. and every December 25 at 3:00 p.m. until December 26 at 7:00 p.m. d. consecutively, notice. For two ( 2 ) weeks , either consecutively or non- provided he gives Wife at least 30 days written e. Father's Day from 5:00 p.m. the day before until 7:00 p.m. the holiday. Mother would have the child on for Mother's Day from 5:00 p.m. the day before until 7:00 p.m. the day of the holiday. f. Holidays supersede all other periods of physical custody. g. At other times as the parties mutually agree. h. Husband must notify Wife at least two ( 2) weeks prior to his scheduled periods of Temporary Physical Custody if he DOES ROT int~nd to exercise his rights to custody. 1. Husband is to provide all transportation for his periods of Temporary Physical Custody. j. Neither party shall take the child overnight from the Harrisburg Area without giving the other parent an address and telephone number for emergency purposes. In addition, ninety (90) days prior written notice of relocation of the primary residence of the child shall be given to the other parent. The ninety (90) days is intended to allow the parties to negotiate any appropriate changes necessitated by the proposed move. If an agreement is not reached either party may petition the court for appropriate relief. k. Each of the parties acknowledges that the terms of this Agreement regarding custody and visitation may be modified by a court of competent jurisdiction upon the application or petition of either Husband or Wife due to a change of circumstances. 3 8. CHILD SUPPORT Husband agrees to pay the Wife $70.00 each week for the support of his child. This payment includes Husband's share of the child care expenses. Wife currently is providing medical coverage for the child through her employer. Wife will continue to provide the medical coverage if such medical coverage is available at a reasonable cost as part of her employment benefits, whether or not such benefits are paid for directly by the employer or by partial contribution by Wife. If Wife is unable to provide medical coverage through her employer, Husband agrees to cover the child through his employer or to pay one half of the cost of providing the child with independent medical coverage. Wife and Husband agreed to each pay one half of all un reimbursed and deductible medical expenses related to their child. The parties agree that in the event of a material change in the cost of living or the financial circumstances of either party, or of a change in the custody arrangements set forth herein, the amount of the support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by a Court of competent jurisdiction. 9. PENSION AND RETIREMENT ACCOUNTS Husband and Wife shall maintain their separate pension and/or retirement accounts. Husband relinquishes any and all rights he may have in Wife's pension or retirement accounts and Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts. 10. JOINT FILING OF IRS RETURN Husband and Wife agree to file a joint tax return for tax year 1995 and separate tax returns all subsequent years thereafter. The parties shall divide equally between themselves the amount of any refund received as a result of such joint income tax filing and shall share equally the amount of any tax liability resulting therefrom. Each party shall promptly share with the other full, accurate and complete information as to their respective incomes and deductible expenses. Pursuant to paragraph 5, if one of the parties elects not to rollover their share of the capital gains tax, he or she shall be liable for the tax on the entire gain. 11. DIVORCE The parties, upon the expiration of the 90 day waiting period, agree to execute Affidavits of Consent and cause those Affidavits to be filed with the Court in the Divorce Action which 4 Wife has commenced in the Court of Common Pleas of Cumberland County and docketed to No. 95-5313. Wife's attorney, Thomas D. Gould, Esquire, is hereby instructed and directed to take all steps necessary to obtain a final Decree in Divorce under Section 3301(c) of the Pennsylvania Divorce Code. 12. INCORPORA'l'ION INTO DIVORCE DECREE This agreement is to be incorporated into any subsequent Degree in Divorce. 13. CONTINUED COOPERATION Each party agrees to execute such assignments, titles, or other documents as may be reasonably necessary or desirable to put into full effect the terms of this Agreement and shall do so upon the reasonable request of the other party. Each of the parties expressly agrees to execute the joint tax return or returns for tax year 1995 as hereinabove provided and to cooperate in the endorsement of any refund check or checks that the parties may receive consistent with the terms hereof. 14. BREACH If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 15. VOLUNTARY AGREEMBN'l' The provisions of this agreement are fully understood by both 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. 16. WAIVER or CLAIMS Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, alimony, alimony pendente lite, counsel fees and expenses, and right to claim equitable distribution of marital property. 5 17. BIIIDIRG AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 18. MODIFlCATIOR ARD WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 19. PRIOR AGRlIMIR'J.'S It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void and of no affect. 20. BR'J.'IRI AGRlIMIR'J.' This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 21. DESCRIPTIVE HBADIRGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 22. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties set their hands and seals ~ or'~~ Witness ~k~ .;J..;) '/~ Date '111<'1,11" 7) lJr1'u Witness ,; f -.'( '/~, Date '/ " ) , J,. ' oct., . I. 1., ",J " f (~.,/I!I.JI .,)"JJt,L/:";'-L.' Corinna M. Stroman 6 . Commonwealth of Pennsylvania: County of Cumberland PERSONALLY APPEARED BEFORE ME, this..:ff+tday o~ 19!M, a notary public, in and for the Commonwealth of Pennsylvania, Scott S. StromaD, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. ss IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~u.~ o/~ Notary Public Commonwealth of Pennsylvania: : as County of Cumberland : PERSONALLY APPEARED BEFORE ME, this c9C*day of ~~ 199., a notary public, in and for the Commonwealth of Pennsylvania, CoriDDa M. StromaD, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. julo tIJ, 0~b Notary Public I'banaI Seal l.lIaIa M. ('.oalS, NcUIy P\dc ~Boro,ClIlTtlel1arlJCany MyCorn.,._ ~ l\p.~ S, 1996 7 v. IN THB COURT or COMMON PLEAS CUMBBRLAHDCOUHTY, PBHHSYLVAHIA NO. 95 - 5313 Civil Term CORIHHA M. STROMAN, PlaiDtiff SOOfT S. STROMAN, Defendant IN DIVORCB PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: October 6, 1995, by certified U.S. Mail, restricted delivery, on the Defendant. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff February 20, 1996; by defendant February 5, 1996. 4. Related claims pending: None, the property Settlement Agreement dated February 5, 1996 is to be incorporated into the Decree in Divorce. 1h,;,H c,.A 'r') )(/~.,u f 1 Thomas D. Gould Attorney foe Plaintiff . "",:.: ,.,,~\" ~... g,. rJ../J. ATtO~t., AT LAW It "'A'''' 'TMET lSHIM..I\NSTOW"l, PA 11011 111-731-1"15' c l>' . . CORIHHA M. STROMAH, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PEHHSYLVANIA . . . 95 - .tJIJ v. . NO. Civil Term . . . SCOTT S. STROMAH, IN DIVORCE Defendant . . NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator Cumberland County Courthouse Fourth Floor Hanover and High Streets Carlisle, PA 17013 (717) 697-0371 CORIHHA M. STROMAR, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAHD COUNTY, PEHHSYLVAlfIA . . . Y. . NO. 95 - J'JJJ Civil Term . . . SCOTT S. STROMAR, . IN DIVORCE . Defendant . . COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Corinna M. Stroman, who resides at 815 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant is Scott S. Stroman, who resides at 609-A Geneva Drive, Apartment 32, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 8, 1985 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. CORIIDIA M. STROMAH, : IR ~HB COUR~ OF CONNOR PLEAS Plaintiff I CUMBERLAIID COUIITY, PEIDISYLVABIA . . v. . RO. 95 - 5313 Civil ~ena . . . ScenT S. S~ROMAB, . IR DIVORCE . Defendant . . AFFIDAVI~ OF CO.SER~ 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 5, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety ( 90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a Final Decree of Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: oJ" ~c, A~tkL~ - , - ~ s ,- ,: '" 11J(" } . - , <-?2 - ;:t" h:. ;~ 0'" C~ ~ -J ~ c L_'L ('" . , . C' c- ,- ,-= LL: . ~ ' , I' ~ C..:; , " , '.. , ) CORIIOIA M. STROMJUl, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNU, PEIOISYLVAlfIA . . . v. . NO. 95 - 5313 Civil Term . . . SCOTT S. STROMJUl, . IN DIVORCE . Defendant . . WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c\ OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: , , \ /, -/ I / /f , I, , / ) /) t/",7.:_~/>/..., Corinna M. Stroman ') , / '- - C; C'.; t-. ~~ 1-. .' C) - , UJ. , - ~~f, ,. ~- : : fEr~ ....:.: ":;:: g~ C> "'''1 111!..:.... '" . . , .~:.... -'.. C.' , U:" 11.. 1'._ 1- L_ -- 'l;; \.:.J .;") C r;-i 0 CORINNA M. STROMAN Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SCOTT S. STROMAN Defendant NO. 95-5313 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENT TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary, I verify that the statements made in this affidavit are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. 4904 ::~::in~t~~:~;:;rn falsification ~t~~ ~ ~en~ '- - : - C; '" i> ," UJ_,: . , (.)- C. : ~- .0;;:: : ~i' .,~ C 0 ~? LV ~~: ,,: " -' r.,- - G:Y t..J .--. k L1.. k , ll. t.l:": ::.) 0 ...', U CORIDA M. S~ROMAII, . IN ~HE COUR~ OF COMMON PLEAS . Plaintiff . CUMBERLAHDCOUH~Y, PENNSYLVANIA . . . v. . NO. 95 - 5313 Civil ~eJ:lll . . . SCOT~ S. S~ROMAII, . IN DIVORCE . Defendant : CERTIFICATE OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by Certified Mail No. Z 435 660 514, restricted delivery, return receipt requested, by depositing the same in the United States mail on October 6, 1995, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the green return receipt card attached hereto, the Complaint was received by the Defendant on 10/7/95. 1hJrnFvl]) &J~ Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 ... , , '.- - C:; "J f:; ,- .... ~~. C1- - ft-, .:.,; c.(7 '. C) 0', C'" : ll;:' C,' c ;., . L.: - , LI- " ~ ,') C' <J ' CORIIIIIA M. S'iROMAH, . IN 'iRE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PEIIIISYLVANIA . . . v. . NO. 95 - 5313 Civil Term . . . SCOT'i S. S'iROMAH, . IN DIVORCE . Defendant . . AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 5, 1995, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ DATED: " , ,../ { ,,. . / I. I, \, " Corinna N. Stroman - 6=. ~ f-'. w["'. oe: lCi:., , - di-': I Ci C:)I: Lt>' . _J- Ci:,' ~::: ll. L) C\ C'-: C.:: t L: \t'" c--; ~ N .- ., - : .-. ':...,! ; I , " " (,