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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF
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Christopher A. Toddes
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VERSUS
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Eden L. Toddes
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PENNA.
No.
1108
2000
DECREE IN
DIVORCE
AND NOW,
o.~
2001
, IT IS ORDERED AND
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DECREED THAT
Christopher A. Toddes
, PLAINTIFF,
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Eden L. Toddes
AND
__, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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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;
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ATTEST:
PROTHONOTARY
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SAIDIS
SHUFF, FLOWER
& LINDSAY
AlTORNEYS.AT-LAW
26 W. High Street
Carlisle, PA
'. .'
, r
, ,
PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
THIS AGREEMENT made thiS~ay ot J1pW _ , 2001 between Eden L.
Toddes, of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to
as Wife,
A
N
D
Christopher A. Toddes, of Mechanicsburg, Cumberiand County, Pennsylvania,
hereinafter referred to as Husband.
RECITALS:
R.1: The parties hereto are husband and wife, having been joined in marriage
on, November 20, 1988 in Fort Greeley, Alaska: and
R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of
Cumberland County, Commonwealth of Pennsylvania, to Number 2000-1108 Civil
Term; and
R.3: The parties' hereto desire to settle fully and finally their respective financial
and property rights and obligations including, but not limited, of all matters between
SAlOIS
SHUFF, FLOWER
& LINDSAY
AlTORNEYS-AT-LAW
26 W. High Street
Carlisle, P A
,
.
,
,
them relating to the ownership of real and personal property, claims for spousal support,
alimony, alimony pendente lite,
R4: The parties also desire to settie their issues of custody of their minor children
Daniel Christopher Toddes, date of birth 3/2/89 and Savannah Leigh Toddes, dated of
birth 10/5/99, counsel fees and costs, and the settling of any and all claims and possible
claims against the other or against their respective estates.
NOW THEREFORE, in consideration of the covenants and promises hereinafter
to be mutually kept and performed by each party, as well as for other good and vaiuable
consideration and intending to be legally bound, it is agreed 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 from time
to time may choose or deem fit, free from any control, restraint or interference from the
other. Neither party will molest the other or endeavor to compel the other to cohabit or
dwell with him or her by any legal or other proceeding. Each party shall be free of the
interference, authority or contact by the other as if he or she was singie and unmarried
except as maybe necessary to carry out the terms of this agreement.
(2) DIVORCE: The parties acknowiedge that the marriage is irretrievably broken
and that they will secure a mutual consent no-fauit divorce decree in the above-
captioned divorce adion. Upon the execution of this agreement, the parties shall
execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to
finalize said divorce.
2
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS-AT-1Aw
26 W. High Street
Carlisle, P A
,
(3) REAL PROPERTY: The parties are the owners of certain reai estate with
improvements thereon erected and known and numbered as 827 Old Silver Spring
Road, Mechanicsburg, Cumberland County, Pennsylvania.
The parties agree that the marital home shall be sold and that the proceeds be shared
as follows:
a) to payoff the existing PHFA mortgage on the premises;
b) reimbursement to husband to replace any carpet in the house;
c) payoff the joint Fleet Visa debt;
d) to payoff the Husband's Fleet Visa debt;
e) should there be any proceeds remaining, all proceeds shall be shared
equally.
Pending the sale of the premises, Husband shall have exclusive possession of
the marital residence and will make his best efforts to fix up the property to put it in
saleable condition. He will agree to continue to pay the mortgage to PHFA, utilities and
all existing household expenses.
(4) DEBT:
A. MARTIAL DEBT: Husband and Wife acknowledge and agree that there are
no other outstanding debts and obligations which are martial or for which the other
might be liable incurred prior to the signing of this Agreement, other than those listed in
the preceding paragraph, which shall be paid at the time of settlement.
B: Post Separation Debt: In the event that either party contracted or incurred
any debt since the date of separation, the party who incurred said debt shall be
3
,
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS-AT-LAW
26 W. High Street
Carlisle, P A
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS-AT.LA.W
26 W. High Street
Carlisle, P A
responsible for the payment thereof regardless of the name in which the debt may have
been incurred.
C: Future Debt: From the date of this agreement neither party shall contract or
incur any debt or liability for which the other party or his or her property or estate might
be responsible and shall indemnify and save the other party harmless from any and all
claims or demands made against him or her by reason of debts or obligations incurred
by the other party
(5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he
or she may have to any and all motor vehicles currently in possession of the other party.
Within 30 days of the date of this agreement each party shall execute any documents
necessary to have said vehicles properly registered in the other party's name with the
Pennsylvania Department of Transportation. Each party shall assume full responsibility
of any encumbrance on the motor vehicle received by said party, and shall hold
harmless and indemnify the other party from any loss thereon.
(6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree
that they have effected a satisfactory division of the furniture, household furnishings,
appliances, tools and other household personal property between them, and they
mutually agree that each party shall from and after the date hereof be the sole and
separate owner of all such property presently in his or her possession whether said
property was heretofore owned jointly or individually by the parties hereto. This
agreement shall have the effect of an assignment or bill of sale from each party to the
4
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATIORNEYS-AT-UW
26 W. High Street
Carlisle, P A
other for such property as may be in the individual possession of each of the parties
hereto.
(7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any
right, title or interest he or she may have in or to any intangible personal property
currently titled in the name of or in the possession of the other party, including, but not
limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts,
employment benefits including retirement accounts, savings plans, pension plans, stock
plans, 401K plans and the like.
(8) CHILD SUPPORT: Husband shall pay to Wife for the use, benefit, support
and maintenance of their minor children, the sum of Five Hundred Seventy-Five
($575.00) Dollars per month.
The parties agree that the amount of child support set forth herein is
subject to modification by the Court at any time upon petition of either party. The
parties agree that the standard which should be used by the Court in modifying the
amount of child support is that the Court should Order a new amount of child support as
if no property settlement was entered into and based upon child support guidelines and
law existing at the time of the modification. Said guidelines currently being found in
Pennsylvania Rules of Civil Procedure 1910.1 et. seq.
(9) ALIMONY:
WAIVER OF ALIMONY: The parties acknowledge that each has income
and assets satisfactory to his and her own reasonable needs. Each party waives any
5
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, P A
claim he or she may have one against the other for alimony, spousal support or
alimony and alimony pendente lite.
(10) ADVICE OF COUNSEL: The parties hereto acknowledge that each has
been notified of his or her right to consult with counsel of his or her choice, and have
been provided a copy of this agreement with which to consult with counsel, Wife, Eden
Toddes, is represented by Johnna J. Kopecky, Esquire and, Husband, Christopher
Toddes, is represented by Jeffrey Yoffe, Esquire. 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 with
such knowledge as each has sought from counsel, and the execution of this agreement
is not the result of any duress or undue influence, and that it is not the resuit of any
improper or illegal agreement or agreements. Each party shall pay his or her own
attorney for all legal services rendered or to be rendered on his or her behalf.
(11) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time,
at the request of the other, execute, acknowledge and deliver to the other party any and
all further instruments that may be reasonably required to give full force and effect to
the provisions of this Agreement.
(12) INCOME TAX: The parties agree that they shall each take one child as a
dependency deduction for Federal Income Tax purposes, with Husband claiming Daniel
and Wife claiming Savannah.
(13) BANKRUPTCY: The parties hereby agree that the provisions of this
Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm
6
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATtORNEYS-AT-LAW
26 W. High Street
Carlisle. PA
any and all obligations contained herein. In the event a party files such bankruptcy and
pursuant thereto obtains a discharge of any obligations assumed hereunder, the other
party shall have the right to declare this Agreement to be null and void and to terminate
this Agreement in which event the division of the parties' martial assets and all other
rights determined by this Agreement including alimony shall be subject to court
determination the same as if this Agreement had never been entered into.
(14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent,
acknowledge and agree that each is fully and completely informed of, and is familiar
with, the wealth, real and personal property, estate and assets, earnings and income of
the other and has made any inquiry he or she desires into the income or estate of the
other and received any such information requested. Each has made a full and complete
disclosure to the other of his and her entire assets, liabilities, income and expenses and
any further enumeration or statement thereof in this Agreement is specifically waived.
(15) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that
each of them has read and understand his and her rights and responsibilities under this
Agreement and that they have executed this Agreement under no compulsion to do so
but as a voluntary act.
(16) FULL SETTLEMENT: Except as herein otherwise provided, each party
hereby releases the other from any and all claims, or demands up to the date of
execution hereof. It is further specifically understood and agreed by and between the
parties hereto that each party accepts the provisions herein made in lieu of and in full
settlement and satisfaction of any and all of said party's rights against the other for past,
7
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle. P A
present and future claims on account of support, maintenance, alimony, alimony
pendente lite, counsel fees, costs and expenses, equitable distribution of marital
property and any other claims of the party, including all claims which have been raised
or may be raised in an action for divorce.
(17) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically
provided in this Agreement, Husband and Wife, for themselves, their heirs,
representatives and assigns, each hereby forever releases, remises, discharges and
quitclaims the other, and such other's heirs, representatives, assigns and estate, from
and with respect to the following:
A. All liability, claims, causes of action, damages, costs, contributions
and expenses or demands whatsoever in law or in equity;
B. All rights, title, interest or claims in or to any property of the other,
whether real, personal or mixed and whether now owned or hereafter acquired;
. C. All rights of curtesy and dower and all claims or rights in the nature
of curtesy and dower;
D. All widow or widower's rights;
E. All right, title, interest or claim in or to the other's estate, whether
now owned or hereafter acquired, including but not limited to all rights or claims:
(1 )
(2)
(3)
to take against the other's will;
under the laws of intestacy;
to a family exemption or similar allowance;
and
8
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle. P A
,
:;..
.'
(4) all other rights or authority to participate or intervene in a
deceased spouse's estate in any way, whether arising under the laws of Pennsylvania
or any other country, territory, state or political subdivision.
F. All rights or claims to any accounting;
G. All rights, ciaims, demands, liabilities and obligations arising out of
or in ccnnection with the marital relationship or the joint ownership of property, whether
real, personal or mixed;
H. All rights, claims, demands, liabilities and obligations arising under
the provisions of the Pennsylvania Divorce Code, as the same may be amended from
time to time, and under the provisions of any similar statute enacted by any other
country, state, territory or political subdivision;
I. All rights, claims, demands, liabilities and obligations each party now
has, or may hereafter have, against or with respect to the other.
(18) GOVERNING LAW: This Agreement shall be construed under the law of
the Commonwealth of Pennsylvania. If any provision of this Agreement is determined
to be invalid or unenforceable, all other provisions shall continue in full force and effect.
(19) INCORPORATION INTO DECREE: In the event that either of the parties
shall recover a final judgment or decree of absolute divorce against the other in a court
of competent jurisdiction, the provisions of this Agreement may be incorporated by
reference or in substance but shall not be merged into such judgment or decree and
this Agreement shall survive any such final judgment or decree of absolute divorce and
shall be entirely independent thereof.
9
SAlOIS
SHUFF, FLOWER
& LINDSAY
A'ITORNEYS.AT.LAW
26 W. High Street
Carlisle. P A
l
,
.
(20) BREACH: In the event that either party breaches any provision of this
Agreement, he or she shall be responsible for any and all costs incurred to enforce the
Agreement, including, but not limited to, court cost and counsel fees of the other party.
In the event of breach, the other party shall have the right, at his or her election; to sue
for damages for such breach or to seek such other and additional remedies as may be
available to him or her.
(21) ENTIRE UNDERSTANDING: This Agreement constitutes the entire
understanding between the parties and there are no covenants, conditions,
representations, or agreements, oral or written, of any nature whatsoever, other than
those herein contained.
(22) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall
bind the parties hereto, their respective heirs, executors and assigns.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound have
hereunto s
and seals the day and year first written above.
Q--P-~~i -:f<.:>Jl~
Eden Toddes
c~~ ft- 10~
Witness
Christopher Toddes
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CHRISTOPHER A. TODD~S
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 2000-1108
EDEN L. TODDES,
Defendant
CIVIL ACTION - LAW
DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to
the Court for entry of a Divorce Decree:
I. Ground for Divorce: Irretrievable breakdown under s3301(c) of
the Divorce Code.
2.
Date and manner of service of the Complaint:
Service of the
Complaint was made by certified mail which was signed for by the
Defendant on March 21, 2000.
The undersigned certifies that the
Divorce complaint was mailed via certified mail, to the Defendant on
March 20, 2000 and that the green card attached as Exhibit "A" is what
he received back.
3. Defendant executeQ the , Affidavit of Consent required by
~3301(c) of the Divorce Code on September 25, 2001.
Plaintiff
executed the Affidavit of Consent reguired by ~3301(c) of the Divorce
Code on August 30, 2001 and it was filed on September 21, 2001.
4. There are no related claims pending.
. .-
;
5. Date Plaintiff's Waiver of Notice in ~33 01 (c) Divorce was
filed with the Prothonotary~ September 21, 2001.
Date Defendant's
Wavier of Notice in ~3301(c) Divorce was filed with the Prothonotary:
October 15, 2001.
YOFFE & YOFFE, P.C.
BY~~#7~
O'EFFREY . YOFF, SQUIRE
Attorney for Plaintiff
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 52933
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"tJ _CompJete items 1 andfor 2 for addillonal ssrviea8.
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e> . Print your name ana address on the reverse of this form so that we can retum thIs
12 card to you.
~ -Attach this fonn to the front of the maifpiece. or on the back if space does not
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lID -Writa"'Rstum Rocsipt RaqU9stecP' on the maifpiece below the article number.
S -The Return Receipt will show to whom the article was delivered and the data
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3. Article Addressed to:
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following services (for an
extra fae):
1. 0 Addressee's Address
2. 0 Restricted Delivery
. Consult postmaster for fee.
4a. Article Number
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4b. Service Type
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o Express Mail 0 Insured
o Relum Receipt for Merchandise 0 COO
7. Date of Delivery
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8, Addressee's Address (Only If requesled
and fee Is paid)
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102595.'7.8-0179 Domestic Return Receipt
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* CN'\"::,\o~""er A., \c::A~e::'
Plaintiff
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
: PENNSYI. VANIA
v.
: CIVIL ACTION LAW
* E~ '" L. \od.d:e :)
Defendant
: NO. \ \ D 'is CIVILdOOO
: CUSTODY VISITATION
ORDER OF COURT
And now, this ~ I \.a \ to. upon consideration ofthe attached complaint, it is hereby directed
that the above parties and their respective.counsel appear before \:'0\,,-\ \\ :::-" ,""--"do:---\
Esquire, the conciliator, at :<,q \oJ . 'Nn\\\ G\., \ '\\CC~I1",\\s\r).Jr';' , . '
Pennsylvania, on the :) day of ~~ .2000, \ \. DO ,(IDY P.M.,
for a Pre-hearing Custody Conference. At stich conference, an effort will be made to resolve the
issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard
by the court, and to enter into a temporary order. All children age five or older may be present at
the conference. Failure to appear at the conference may provide grounds for the entry of a
temporary or permanent order.
FOR THE COURT:
By: ~m{\. J\. .J\,~lJf\('~j ~ .
'Custody Conciliator I C -&)
YOU SHOULD TAKE TillS 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.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
(717) 249-3166
1-800-990-9108
O..!:, - t:!LED-DFFIC"
I fl-h.... r.>>'n"r L.
, - ""v,HONOTARY
00 I1AR -9 PH '>. 2
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CUM~SRUWD C .
PENNSYlVANTlfl,i7Y
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FEe 2' 9 20~
CHRISTOPHER A. TODDES
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. dl()~- //6/ CwJ'-r~
EDEN L. TODDES,
Defendant
CIVIL ACTION - LAW
DIVORCE
ORDER
You, Eden L. Toddes, have been sued in Court to modify an
existing Partial Custody Order.
You are hereby Ordered to appear in
person
at
,
on
at
.M., for
a conciliation or mediation conference~
a pretrial conference
ahearing before the Court.
If you fail to app-ear as provided by this Order, an Order for
custody, partial custody or visitation may be entered against you or
the Court may issue a. warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(800) 990-9108 or (717)249-3166
AMERICAN WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Dauphin County is required by law to
comply with the Americans with Disabilities Act of 1990. For
information about accessible facilities and reasonable accommod?1tions
available to disabled individuals having business before the Court,
please contact our office. All arrangements must be made~ at least 72
hours prior to any hearing or business before the Court. You must
attend the scheduled conference or hearing.
Date:
BY THE COURT
J.
todd~s\complaint
. "
CHRISTOPHER A. TODDES
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTYr PENNSYLVANIA
vs.
NO. c20a:? - I/o,?'
kJ
EDEN L. TODDES,
Defendant
CIVIL ACTION - LAW
DIVORCE
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 enter.ed against you for any other
claim or relief requested in thesft 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 the divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage cQunseling. A
list of marriage counselors is available in the Office of the
Prothonotary at I Courthouse Square, Carlisle, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
DIVISION OF PROPERTY,
ANNUlMENT IS GRANTED,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU DO NOT
THE OFFICE SET
I..
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(800)990-9108 or (717)249-3166
toddes\complaint
, .
CHRISTOPHER A. TODDES
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO.
EDEN L. TODDES,
Defendant
CIVIL ACTION - LAW
DIVORCE
COUNT I
COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE
I. Plaintiff is_ Christopher L. Toddes, who currently resides at
827 Old Silver Springs Road, Mechanicsburg, Cumberland County, PA
17055 since June 1995.
2. Defendant is Eden L. Toddes, who currently resides at 827 Old
Silver Springs Road, Mechanicsburg, Cumberland County, PA 17055 since
June 1995.
3. Both Defendant and Plaintiff have been bona fide residents in
the Commonwealth for at least six months immediately previous to the
filing of the Complaint.
4. The Plaintiff and Defendant were rnarried_ on November 20, 1988
at Fort Greeley, Alaska.
5. There have been no prior actions of divorce or for annulment
between the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available and
that Plaintiff may have the right to request that the Court require
the parties to participate in counseling.
WHEREFORE, Plaintiff requests the Court to enter a decree of
divorce.
COUNT II
REQUEST FOR DIVORCE DUE TO IRRETRIEVABLE BREAKDOWN
UNDER 3301(d) OF THE DIVORCE CODE
8. Paragraphs I through 7 are incorporated herein by reference.
9. The marriage of th~parties is irretrievably broken.
10. After two (2) years have elapsed from the date of
separation, Plaintiff intends to file his Affidavit of having lived
separate and apart.
11. Plaintiff has been advised of the avail~bility of counseling
and that Plaintiff and Defendant have the right -to request the Court
to require the parties to participate in such counseling.
WHEREFORE, once two (2) years have elapsed from the date of
separation
and
Plaintiff
has
filed
his
Affidavit,
Plaintiff
respectfully requests that this Court enter a Decree in Divorce,
pursuant to Section 3301(d) of the Divorce Code.
COUNT III
REQUEST FOR DIVORCE DUE TO INDIGNITIES
UNDER 3301(a) (6) OF THE DIVORCE CODE
12. Paragraphs I through II are incorporated herein by
reference.
13. Defendant has offered such indignities to Plaintif,f, the
innocent and injured spouse, as to render his condition intolerable
and life burdensome.
WHEREFORE, Plaintiff requests the Court to enter a de'cree of
divorce.
COUNT IV
CUSTODY
14.
The Plaintiff
is
Christopher L.
Springs Road,
Toddes
and
is
currently
residing at 827 Old Silver
County, PA 17055.
15. The Defe~dant is Eden L. Toddes who is currently residing at
827 Silver Springs Road, Mechanicsburg, Cumberland County, PA 17055.
16. Plaintiff seeks primary physical custody of Daniel
Christopher Toddes born March 2, 1989 and currently resides at 827
Mechanicsburg,
Cumberland
Silver Springs Road, Mechanicsburg, Cumberland County, PA 17055.
17. The child was not born out of wedlock.
18. The child is presently in the custody of both parents.
19. From approximately 1988 to 1992, Daniel Christopher Toddes
had resided with Christopher A. Toddes and Eden L. Toddes and the
parents of Christopher A. Toddes at 130 Westover Drive, New
Cumberland, Pennsylvania. From approximately early 1993 to June 1995,
Daniel Christopher Toddes resided with Christopher A. Toddes and Eden
L.
Toddes in Laurel,
Delaware and ll9 South Chestnut Street,
Mechanicsburg, PA 17055. From approximately June 1995 to the present,
Daniel Christopher Toddes has resided with Christopher A. Toddes and
Eden L. Toddes at 827 Old Silver Springs Road, Mechanicsburg, PA
17055.
20. The mother of the child is Eden L. Toddes and she currently
is residing at 827 Old Silver Springs Road, Mechanicsburg, PA 17055.
She is married. The father of the child is Christopher L. Toddes and
. .
he is currently residing at 827 Old Silver springs Road, Mechanicsburg
PA 17055. He is married.
21. The relationship of Plaintiff to the child is that of
father. The Plaintiff currently resides with Eden L. Toddes and
Daniel Christopher Toddes.
22. The relationship of Defendant to the child is that of
mother. The Defendant currently resides with Christopher A. Toddes
and Daniel Christopher Toddes.
23. Plaintiff has not participated as a party or witness or in
another capacity in other litigation concerning the custody of the
child in this or another Court.
24. Plaintiff has no information of a custody proceeding
concerning the child pending in a Court of this Commonwealth.
25. Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the child or claims to have
custody of visitation rights with respect to the child.
26. The best interest and permanent welfare of the child will be
served by granting the relief requested because Christopher A. Toddes
has been the primary caretaker of Daniel Christopher Toddes since
birth and significant bonding has occurred between Christopher A.
Toddes and Daniel Christopher Toddes.
, ,
27. Each parent whose parental rights to the child have not been
terminated and the person who has physical custody of the child have
been named as parties to this action.
YOFFE & YOFFE, P.C.
;;lIfz (1~SQUIRE
Attorney for Plaintiff
214 Senate Avenue, suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 52933
toddes\complaint
'" ',.
CHRISTOPHER A. TODDES
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO.
EDEN L. TODDES,
Defendant
CIVIL ACTION - LAW
DIVORCE
VERIFICATION
I hereby state that I am an adult individual who is authorized
to make this verification and that the facts set forth in the foregoing
Complaint are true to the best of my knowledge, information, and
belief.
I understand that false statements herein are made subject to
the penalties of 18 Pa. C.S. ~~4904 relating to unsworn falsification to
authorities.
Dated:
~ffT~
.CHRISTOPHER A. TODDES
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CHRISTOPHER A. TODDES
Plaintiff
-~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 2000-1108
EDEN L. TODDES,
Defendant
CIVIL ACTION - LAW
DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce ~under ~330l (c) of the Divorce Code was
filed on March 12, 1996:
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing and
service of the Complaint.
3. I consent to the entry of a final Decree in Divorce after
service of notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and
correct.
I understand that false statements herein are made subject
to
the penalties
of
18
Pa.
C. S.
~4904
relating
to _ unsworn
falsifica~Eion:to authorities.
Date: ~t .:<.s, 2DOr
~7l i"t'~
EDEN L. TODDES
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CHRISTOPHER A. TODDES
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 2000-1108
EDEN L. TODDES,
Defendant
CIVIL ACTION - LAW
DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER ~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 m~ay 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 tome immediately after it is filed with the Prothonotary.
I verify that the st~tements made in this Affldavit are true and
correct.
I understand tha.t false statements herein are made subject
to the penalties of 18 Pa.C.S. ~4904_relating to unsworn falsification
to authorities.
Date:
Jl,f .2 S-, 2.&01
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EDEN L. TODDES
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CHRISTOPHER A. TODDES
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 2000-1108
EDEN L. TODDES,
Defendant
CIVIL ACTION - LAW
DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~330l(c) of the Divorce Code was
filed on March 12, 1996.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing and
service of the Complaint.
3. I consent to the entry of a final Decree in Divorce after
service of notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and
correct.
I understand that false statements herein are ma.de subject
to the penal ties
of
1.8__ :ea~_ C.S.
~4904
relating to
unsworn
falsification to authorities.
Date: <6/30/01
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CHRISTOPHER A. TODDES
Plaintiff-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 2000-1108
EDEN L. TODDES,
Defendant
CIVIL ACTION - LAW
DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OFA
DIVORCE DECREE_UNDER S:3301 (e) 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 no~ 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. S:4904 relating to unsworn falsification
to authorities.
Date:
8 130/D 1
~
l4-T~
CHRISTOPHER
TODDES
toddes\waiver.ct
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JUN 26 2a~~-
CHRISTOPHER A. TODDES, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 00-1108 CIVIL TERM
:
: CIVIL ACTION - LAW
EDEN L. TODDES, :
Defendant : IN CUSTODY
ORDER OF <XXlRT
AND NON, this 21st day of June, 2000, the Conciliator, being
advised by Plaintiff's counsel that all custody issues have been resolved
by agreement of the parties, hereby relinquishes jurisdiction in this case.
The CUstody Conciliation Conference scheduled for June 22, 2000 is
canceled.
FeR THE COURT,
fJr,~ ,dP,7
Da S. sunday, Esquire
custody Conciliator
RlED-Di-rlGE
OF 11-:;; PROTHOI\JOTARY
00 JUN 21 Pi'l 3: 15
ClJ'M8ERLA"lD COUNTY
PENNSYLvANIA
SAlOIS,
SHUFF &
MASLAND
ATIORNEYS.ATeLAW
26 W. High Street
Carlisle. P A
CHRISTOPHER A. TODDES,
IN THE COURT OF COMMON PLE~S OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
v.
EDEN L. TODDES,
NO. 1108 CIVIL 2000
CUSTODY VISITATION
Defendant
COURT ORDER
AND NOW, this
Tvl'1
I
attached Custody Stipulation,
it is
s{ ~-t
day of
, 2000,
in
consideration of the
hereby Ordered and Directed that the parties shall share
custody of Daniel Christopher Toddes, date of birth 3/2/89 and
Savannah Leigh Toddes, date of birth 10/5/99, pursuant to the
attached Stipulation.
BY THE COURT:
Date: ::::r>>ll 'SI,ZPOO
J.
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C~ 7. ;:""di;q~'~~:j'ARY
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00 AUG -1 ,;)'., I_ 'I
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PENNSYLVAN/Av
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CHRISTOPHER A. TODDES,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
v.
EDEN L. TODDES,
NO. 1108 CIVIL 2000
CUSTODY VISITATION
Defendant
STIPULATION
AND NOW, comes the parties, by and through counsel to
stipulate for custody as follows:
I. The Plaintiff is Christopher A. Toddes, an adult
individual residing at 827 Old Silver Springs Road,
Mechanicsburg, Cumberland County, PA.
2. The Defendant is Eden L. Toddes, an adult individual
residing at 827 Old Silver Springs Road, Mechanicsburg,
Cumberland County, PA.
3. The parties are the natural parents of Daniel
Christopher Toddes, date of birth March 2, 1989 and
Savannah Leigh Toddes, date of birth October 5, 1999.
4. The parties agree that they shall share legal custody
of the children.
5. The parties further agree that they shall share
physical custody of the children. Specifically, the
physical custody shall be shared as follows:
(a) The Defendant shall have physical custody every
(b)
weekday between 7:00 a.m. and 5:00 p.!Jl. ( and the
plaintiff shall have physical custody every
weekday between 5:30 p.m. until 7:00 a.m.
The Defendant s_hall have periods of partial
physical custody on those weekends that she does
not work. or on off days from her work schedule, at
times that the parties can agree and with the
paramount consideration in mind at all times that
it is the desire of both parties to share physical
custody of the minor children, oh average, 50% of
the time.
6. The parties further desire that this Court r.etain
jurisdiction in this matter.
7. The parties further.desire that this be evidenced by
Order of _ .Co_urt .
WITNESS:
fb:/J;;?t//
(16 f y N. YOffe, Esq.
Ck2~/If-~
Christopher A. Toddes
J:i.~ E"q
SJ2-e-r- ~ ~
Eden L. Toddes
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