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HomeMy WebLinkAbout00-03399 , , , . . , . , , , . . , , . . . . . , , , , . , . , . .' . , , , . , . , , , . . . , , . , , . . . , . . , , . . . . , , . . . , , , . . , , . . . . ,. ~' --, -'<",,' ,,- ".I_ro_",,;,,' -. . . ., . ~:+;Of"""" , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF CAROLYN C. EDWARDS Plaintiff No. VERSUS LLOYD W. EDWARDS Defendant DECREE IN DIVORCE AND NOW'~ ~ DECREED THAT CAROLYN C. EDWAR1JS AN D LLOYD W. EDWARDS ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . , PENNA. ?onn-3399 "1....i1 Term . . . . . . . . . . , . . . . , . U1~T~,E,:~':/ : . . , PLAINTIFF, . . . . , DEFENDANT, . . . . . . . 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; . . . . . . .."J.f/r- ;f'f.'f.'f.'f. , . . . . . . . . . . . . . . . . . . OTHONOTARY . . 'f. 'f. 'f.'f. 'f.'f.'f.'f.'f.'f.'f.'f. 'f.'f.'f.'f.'f.'f.'f.'f.'f.'f.'f.'f.'f. - -- (;. 6 "t73 ~. ~oJ i. ! ij 11 -~'" ,"--~ { .. .. "'",'<t ,;, \ W e~~ -da?{.D4 71d-<. ,ua4 it aj/7 ~'-""~-~" ;1 " ',.'",~ ,,-- --, ,.,,,,,_" ~_,![....,...~~oI!lllmt!!'~ ~ ! ~ _ _ ,~~..' , -'- - . --,1 " R." ;:-"J'_, ; ,,",',-, , . , ,~ ~ ",,' -' , '0 ' ";:' We.. ~au ...:>crt- ..[?:...:cL ~ clJ.J~J.Jd.L (?~ ~ ~It.>~. LV€- 1,,"uc{ AA.ol1.i..Yey JJd~ 41 '{ c..opt ~ -/-0 l..U . O/~ - - "-," I ~ . . ~ ~, CAROLYN C. EDWARDS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2000-3399 LLOYD W. EDWARDS, Defendant CIVIL ACTION - LAW IN DIVORCE ORDE:1lCOURT AND NOW, this ?l:'day of ~ , 2003, upon presentation and consideration of the within Agreement, it is hereby ORDERED that the Property Settiement Agreement attached hereto is incorporated herein and made an Order of this Court, said Agreement is dated January 2, 2003. BY THE COURT: J. Distribution: Lloyd W. Edwards, 522 Ninth Street, New Cumberland, P A 17070 Diane M. Dils, Esquire, 1017 North Front Street, Harrisburg, P A 17102 '.... ." ",,- ~-~ , OF FE 1'10- _,"'::CI0!= ,__,~ ....11 I "-'_ '~"',/1T",)\J . .."",\", 03 JUN -1; PI"I "'). .-;t; t . (~. .( "'" CUMbtr-'lL ~ ,J CULi:\~TY PENNSYlVANiA , .!If!!lIMl!L_,, -~..uuu_.,,'~,..'" Co",\, r_.~~T~e!'i;-""",,",c!?~~'&~~~l!-l~~~~iif~~~~.j?,-J!1i1ii~ -,I PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, is made this :< day of .JG..n.a 2003, by and between: CAROLYN C. EDWARDS, hereinafter referred to as Wife; --AND-- LLOYD W. EDWARDS, hereinafter referred to as Husband; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on November 6, 1992, in Dauphin County, Pennsylvania; and WHEREAS, there are two children born of the marriage; namely Ryan P. Edwards, born 5/25/96 and Eric D. Edwards, born 5/28/99. ,,~~....~. I ,-. " i l/&;::; WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they have separated and now live separate and apart from one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; and the settling of all matters relating to the custody and support of their minor children, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, husband and wife, each intending to be legally bound, hereby covenant and agree as follows: 2 1-- ~"-'" ..... . - ~, 1. SEPARATION. It shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this 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. Should a Decree, Judgment, or Order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such Decree, Judgment, Order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto, that this Agreement shall survive and shall not be merged into any Decree, Judgment, or Order of divorce or separation. It is specifically agreed 3 " I I '.-, ~ lli', however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any Order of divorce, Judgment, or Decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment and be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3. MUTUAL RELEASES. Husband and wife do hereby mutually remise, release, quit-claim or forever discharge the other and estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or 4 ~ ~ .~-~ p "'-'- it,: against the estate of such other, or whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all other rights or a surviving spouse to participate in a deceased spouse's estate, whether arising under the United States, or any other country; or any rights which either party may now have or at any time hereafter have for the past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of husband and wife to gIve to each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal, or mixed, which the 5 -~- ~ 1--1 ,- - - -~ ll)i other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 4. DISTRIBUTION DATE. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of the Divorce Decree, unless otherwise specified herein. 5. MUTUAL CONSENT/ADVICE OF COUNSEL. Husband and wife acknowledge and understand the terms and conditions of this Agreement, and wife is represented by Diane M. Rupich, Esquire, and husband is not represented at this time. Each party acknowledges that he or she has received or has been given an opportunity to receive independent advice from counsel of his or her selection and was fully informed as to his or her legal rights and obligations. 6 ~ I. -, ~',-- , ~ '. Husband and wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement. Husband and wife acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. 6. FINANCIAL DISCLOSURE. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owed by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his 7 " , ,I -'"~'''.'--i or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the parties shall have the right to petition the Court of Common Pleas of Daup4in County to make equitable distribution of said asset. ; The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of said asset. 7. DEBTS AND OBLIGATIONS. Husband represents and warrants to wife that since April 2000, he has not, and in the future he will not contract or incur any debt or liability for which wife or her estate might be responsible and shall indemnify and save wife hannless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to husband that since April 2000, she has not, and in the future she will not contract or incur any debt or liability for which husband or his estate might be responsible and shall indemnify and save husband 8 . " ,- , .. -~ \, harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. Husband and wife hereby acknowledge that as of date of separate, there are numerous marital debts which husband shall be solely responsible. Said debt includes, but is not limited to, credit card obligation due and owing on a Master Card and Visa. Husband hereby indemnifies and holds wife harmless from the payment of the above joint debts and all other marital owed as of April 2000. Husband hereby agrees that he shall be solely responsible for the payments of these debts and that should he default and wife be contacted for the payment of these debts, husband hereby agrees to reimburse wife any amounts which she would be required to expend as a result of these debts. 8. REAL ESTATE. Husband and wife hereby acknowledge that they are the joint owners as tenants by the entireties of real estate located at 522 Ninth Street, New Cumberland, Pennsylvania. Wife hereby agrees to execute a Deed placing the real estate into husband's name alone. Husband and wife hereby acknowledge and 9 ."' .1 '" i~" llll!:'-",I agree that the fair market value of said real estate is $115,000.00. Husband hereby agrees to refinance the current mortgage with the existing balance of approximately $72,444.00, and removing wife's name from said mortgage obligation, and husband hereby agrees to remit to wife the sum of $21,250.00, representing her share of the equity in said real estate. In addition, husband shall pay half of the parties' joint marital debt owed the Visa and Master Card accounts at the time of refinancing, said amount being $3,600.00. Wife shall pay the balance of said accounts in the amount of $3,600.00, as well as all additional debt incurred by her since April 2000. Said refinancing shall occur within thirty (30) days of the date of the Decree in Divorce. 9. PERSONAL PROPERTY. Except as set forth hereto, husband and wife have agreed that their personal property has been divided to the parties' mutual satisfaction and neither party will make any claims to the property possessed by the other, except as set forth hereto: None. 10 ,~- 10. PENSION AND RETIREMENT. Husband and wife hereby acknowledge that they have a pension through the Pennsylvania State Employees Retirement System and both parties hereby waive their rights to the other's pension, retirement, 401 (k), and IRA. 11. CHILD SUPPORT/CUSTODY. The parties hereto agree to the Parenting Agreement prepared by the parties and attached hereto and is incorporated herein by reference and made a part hereof. 12. WAIVER OF RIGHTS. The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as amended February 12, 1998, particularly the provisions for alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property 11 , I, v, .r _ i-. - ,~ under the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. 13. MUTUAL RELEASE OF CLAIMS. Except as otherwise stated in this Agreement, husband and wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from the property hereafter accruing) of the other or against the estate of each other, of whatever nature and.wheresoever situate, which he or she now has or at any time hereafter may have; specifically including any rights which either party may have or at any time hereafter have for past, present, or future spousal support, or maintenance, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, costs or expenses, whether arising as a result of the marital relation or otherwise. 12 ~~" I I ~"" -" . "'"'! It is the intention of the husband and wife to give to each other by the execution of this Agreement, a full, complete, and general release with respect to any and all property of any kind or nature, real, personal, or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 14. WAIVER OR MODIFICATION TO BE IN WRITING. A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties, and executed with the same formality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all future instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of the Agreement. 13 .11.~~~- " -~ - " - .~~, 16. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heirs, executors, administrators, successors, and assigns in the interest of the parties. 17. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for payment of attorneys fees and all costs incurred by the other in enforcing his or her rights under this Agreement. 18. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 14 ". , ~~ 19. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs/provisions and sub-paragraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 20. DIVORCE, The parties hereto acknowledge that their marriage is irretrievably broken. The parties further agree to execute the necessary Affidavits of Consent and Waiver of Counseling, and Waiver of Notice of Intent to Request Entry of Divorce Decree upon request so that the divorce may become finalized. The parties further agree and acknowledge that this Property Settlement Agreement shall be incorporated into said Decree in Divorce; however, shall not merge therewith. 15 ~ . . 11<,' IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~~~~~ Witness Jdb?l; ~k,- Witness fe~~~f1:~~ ~~ (SEAL ) (SEAL) " PHILLIP ~O:::IAL 8EAL Lemoyne Boll> cEU/, Notary PUblic My Commission' j::!'!'bertand Counly '""I'/l'eS Feb. 6, 2006 - /- ,{l -03 16 '-,I " , . ParentinQ AQreement We, Carolyn Edwards and Lloyd Edwards, the parents of Ryan and Eric Edwards, enter into this agreement in order to better meet our parenting responsibilities and to safeguard our children's future development. We both recognize that they wish to love and respect both of us, regardless of our marital status or our place of residence, and that their welfare can best be served by our mutual cooperation as partners in parenting and by each of us providing a home in which they are loved and to which they belong; their mother's house and father's house. We also jointly recognize that court proceedings regarding children and custody and visitation matters can be detrimental to children, and therefore have decided to resolve these questions ourselves, using this Parenting Agreement. Finally, we have chosen to avoid the traditional temninology surrounding divorce and children by using temns that more accurately describe the reorganization of our fomner family to new, one-parent families. Accordingly, we wish to instruct our respective attorneys, if necessary, to infomn any courts involved in our dissolution that our desires are as follows regarding the custody and upbringing of our children. 1. Terminology: In order to reaffimn our commitment to our two family status, we choose to use the temns "live with mother" and "live with father" in describing our arrangement, rather than the more traditional one-home, one-visitor temninology of "custody and visitation". 2. Responsibility for Ryan and Eric: Ryan and Eric will be our joint responsibility. Both of us recognize that each of our contributions toward our children's welfare is real and genuine, and we agree to cooperate with one another on establishing mutually acceptable guidelines and standards for development, education, and health. We agree further to discuss all major issues jointly and that day-to-day decisions for the children will be the responsibility of the parent in residence. Each of us will have equal access to all health and school records and unlimited phone contact with our children. Ryan and Eric will live with each parent on an alternating basis, based on an agreed upon schedule. The parent in residence will pick the children up from their caregivers at the end of the school day during the week. The i will be delivered by the parent in residence to the receiving parent at 7:00 p.m. on Saturdays and Sundays. During the summer vacation the schedule will remain the same, with the children spending the day in a mutually agreeable situation. Each of us will have the children on a vacation decided on by the parent taking the vacation, with a time limit of seven days per vacation, unless each of us agrees to an extension or revision. Changes in scheduled times at either home will require immediate substitution of times of equal length and will be subject to our mutual approval. If an acceptable substitute is not found, the parent unable to be home with the children will hire a sitter or make arrangements with friends or relatives to care for the children during the period of his or her responsibility. We agree that dropping off of Ryan and Eric will take place no later than 7:15 on weekends. If circumstances occur which delay the drop off, the parent delivering will notify the receiving parent prior to the arranged drop off time. 3. Contributions: Each parent will contribute time and energies on a daily basis toward the children's day-to-day care when they live with him or her. In addition, costs related to that care will be divided equally between both parents. Costs '" ,~~~ "'" .:lir,l!tb~, , , , . . . . . incurred during the time with one parent will be reported to the parent not in residence and payment will be made to the residential parent. These contributions will be applied to the purchase of daycare, haircuts, doctor visits, school supplies, and other costs at the approval of both parents. Each parent will keep records of spending, and the balances will be reconciled at the end of each month. 4. Medical and dental: It is agreed that the mother will be the primary carrier and pay all the costs of the children's medical health insurance. The father agrees to split the cost of co-pays for office visits. The father's insurance will be used as secondary insurance. If the children visit the doctor during residence with the father, he will pay the co-pay and be reimbursed half the amount by the mother. We also agree that transportation to the medical appointments will be the responsibility of the parent in residence. We agree that although the parent in residence has final responsibility in making day-to-day medical decisions, the other parent is to be involved in all major discussions and decisions and consulted and advised about illnesses or accidents. When either child is ill and cannot report to school or day care, the parent in residence is responsible to care for the sick child in his or her home. Extenuating circumstances can be negotiated with the approval of the parent not in residence. 5. Education and Child Care: Both parents agree that Ryan and Eric will remain in their present school district, and child care arrangements will be as follows: Ryan will spend the half of his day not in Kindergarten with a babysitter, who will transport him to and from school. Eric will report to the Vo-Tech day care center on Mondays, Thursdays, and Fridays. On Tuesdays and Wednesdays he will report to his Grandparent's house. The continuous uninterrupted education of the children is imperative and must be maintained. Both parents agree to remain within the boundaries of the school to facilitate this process. Should one parent move out of the school served area, they will forfeit their joint custody. Primary custody will become the responsibility of the parent residing in that area. All other visitation schedules will be amended to accommodate equal visitation for the moved parent, but the children's residence will remain the parent in the school served area. We agree to attend parent conferences jointly when possible, scheduling them to accommodate the schedule of each parent, as much as is possible. 6. Respect for One Another's Parenting Style and Authority. We agree to honor one another's parenting style, privacy, and authority. We will not interfere in the parenting style of the other parent nor will we make plans or arrangements that would impinge upon the other parent's authority or times with the children without the expressed agreement of the other parent. Furthemnore, we agree to encourage our children to discuss their grievances directly with the parent in question. It is our intent to encourage a direct child-parent bond. We also agree that consistency, stability, and limits are necessary to help ease the transition from one home to the other. 7. Holidays: We both agree that the Thanksgiving holiday will be celebrated with the parent in residence, this year their father. Next year Thanksgiving will be spent with the mother. If both parents agree, one of the children may celebrate Thanksgiving Day (or part of) with the non-resident parent. We further agree that for this year Eric and Ryan will live with their father from the day beginning Christmas vacation until " -"" ~ ~~ ,llc. " , . .. . . . , . , . Christmas day at 12:00 p.m. and will then live with their mother until 4:30 p.m. of December 30. The regularly agreed upon schedule will resume at that time (currently three days on and three days off). The following year the holiday schedule will be reversed. Other holidays, Memorial Day, school holidays, and Easter vacation will be negotiated between the parents. Eric and Ryan will attend the Halloween parade with one parent and participate in Trick-or-Treating with the other parent. The following year it will be reversed. Parents' birthdays will be celebrated as each parent desires. If the children are with their mother on their father's birthday and the father desires time with one or both children, visitation will be worked out at the birthday parent's request On the children's birthday, they will spend the day with the parent in residence, allowing for an agreed upon amount of time with the parent not in residence. Celebrations can take place at a mutually agreed upon time and location, preferably one "party" per birthday. 8. Agreement Time Period and Renegotiations for New Agreement: We both agree that this Parenting Agreement is to be in effect a minimum of one year and is automatically renewable if no revisions are sought. If revisions are sought after one year, we agree that this agreement will be considered binding until a new agreement is reached. If unusual circumstances arise before the end of the one-year period, all or part of this agreement will be negotiated, either privately or with the aid of a third party, given thirty days notice before either of us seeks modification through the courts. We further agree that, should any serious dispute arise between us relating to our children's education, health or other aspect of their welfare, before either of us seeks modifications through the courts, we will first seek the services of an objective third party, such as a trained counselor or arbitrator. Date '1J./a3 Date 11')..../ OS Date //2-11'3 Signature Signature Witness P~J~' PHILLIP ~~RIAL SEAL , Lemoyne Boll> gu/, Notary PUblic My Commission' !::!7berfand Counly '""I' res Feb. 6, 2006 I P. /d{)()3 ~ "I I ~ -- ,~,. . '. . . , . . COMMONWEALTH OF PENNSYL VANIA COUNTY OF DAUPHIN :t::: 2003 fp- On this, the ~~ay 0 ,.ztltH, before me, a Notary Public, the undersigned officer, pe sonally appea::- CAROLYN C. EDWARDS, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. . . NOTARIAL SEAL My ComrmsslOn Exp r(~!lLlP FAFIA8EII I "'ota'Y rub' err,uyne IlOro cUmberland IIc My Commissio~J:_1 " County ~ res rllb. 6, 2006 j1~ tary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN /) [L . _ d Cf.J& f'F On this, thec<'Y\J day ot~ ,-zElcn, before me, a Notary Public, the undersigned officer, personally appeared LLOYD W. EDWARDS, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereii €et ~y h~ and official s~al. My commission ex Ires: '., ~ -J1~ PHILLIP FAFIA8au ~ '., Notary Public Lemoyne Boll> C ' Nqt/lry Public My Commisslo~ ,J;,7~ County res FIIb. 6, 2006 .- , ... --.-;i-- ~'<";';~lI!l~l!ii;:i!lWi!!!!lijljllilii/if;~~~L'~"i"hilli~ii- "~" ~ liIIit ~ , ~ l1JSi~) ........ ~ >~ , . , . . (") 0 ~ c: (..,) 5': ::x ---I -0 G-:r ~:> '.- 9i~'D -< frip --:;0- .".~ "-) -01"11 (n~;. CO eve::> ~c~j S~(~ -0 /3~ );; '"-, :,]C Z'"' =,0 C Om >c: N Z "0 :i.~ -" ~ -< Ul ,J , '."'< , ~u ,;~","'---'. - ,-,- ,-,> . .~~, --J. ,,' '-' . ,.- .-, '--' "" ~r_ ,-~> .. q . -~" ,,"' H ~-, "_',,'.ll , ~ ~,~ _i - - ~.rk# , . '-<0. CAROLYN C. EDWARDS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 2000-3399 Civil Term LLOYD W. EDWARDS, Defendant CIVIL ACTION - LAW IN 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: 1. Ground for divorce: Irretrievably broken under Section (X) 3301(c) or ( ) 3301(d) of the Divorce Code. (Check applicable section) 2. Date and manner of service of the Complaint in Divorce: By certified mail on June 10,2000. 3. [Complete either Paragraph (a) or (b).] (a) Date of execution of Affidavit of Consent required by Section 3301(c) of the Divorce Code by Plaintiff, April 18, 2003; by Defendant, April 18, 2003, previously filed. (b) Date of execution of Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: N/A; Date of service of Plaintiffs affidavit upon Defendant: N/ A. _n __n -""""""~""~~ "" , ,'"" i - -"--"...,"~~^-" t 4. Date of service of Notice ofIntent to Finalize under Section 330l(d) of the Divorce Code: N/ A; 5. Date of filing of Waiver of Notice of Intent to Finalize by Plaintiff: Dated April 18, 2003, previously filed; by Defendant: dated April 18, 2003, previously filed. 6. Related Claims Pending: None ~ /,,/ B : . ok, -~ 1017 North Front Street Harrisburg, P A 17102 (717) 232-9724 I.D. No. 71873 Attorney for (x) Plaintiff ( ) Defendant ~~&'~~ti,&, ;:""B-Jj},,;i;,-:!!~:Jj@:g~',l'ii~i:1j",-8<W~";;;;' :..I:. i~''l!AW,"'MiiL~iJ..!lMt(:'''' ""'^' -~ . c. iL .,--. ". Uit "" ~_il~~::t,~~~ _-0 - ld!1="';'~""'"' e-'d---'-"-"~-l " -' ~ g 0 0 -(.~j 'n ~ 'X --1 '""O\.-;:;; "'" ~f2 (1'1rn -<:: Z::fJ N -r; {I! 6St; CO ., ~ ,\ \.) J ,.>" ,---) .l.. ::<;:,,:, -:;~j ~r~ ,<,0 "-0 ;:J-;:D ~c :J; ~M Cf, J;c r;y ~J "P~l- Z -"'V S'i --j ..... <Jl '< ..~ -~ WIlIfiI .1 ~ _L ~4):- .. CAROLYN C. EDWARDS, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2000- 33'11/ C;ulL <-y-~ LLOYD W. EDWARDS, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AN)) 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 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. 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 Bar Association 2 Liberty Avenue Carlisle, PA. 17013 (717) 249-3166 1-800-990-9108 """"'-"' ,'. ' ,-, 'iIl'~" . , '~ 0 ~~.!" .. CAROLYN C. EDWARDS, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA No .()(J. 33qq S, ~ ~ If..<- LLOYD W EDWARDS, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. The Plaintiff is Carolyn C. Edwards, an adult individual who currently resides at 522 Ninth Street, New Cumberland, Cumberland County, Pennsylvania 17070 and whose social security number is 159-60-4093. 2. The Defendant, Lloyd W. Edwards, is an adult individual, whose current address is 541 Seventh Street, New Cumberland, Cumberland COlmty, Pennsylvania 17070 and whose social security number is 207-48-9976. 3. Plaintiff and Defendant were married on November 6, 1992 in Dauphin County, Pennsylvania. -1- ii' ~_I -A_ .j" ,. "; '^ ,~,=_,.@:" . 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies. 6. Plaintiff and Defendant are both citizens of the United States. 7 . There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. There are two children born of the marriage. -2- ,-, .,"-- ,;" "'~"'" p~,,-," 4 10. Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken; or in the alternative: (b) That the Defendant has offered such indignities to the person of the Plaintiff, the injured and innocent spouse, so as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. Respectfully submitted, D UPICH Dian M. Ru ch, Esquire 1017 North ront Street Harrisburg, P A 17102 (717) 232-9724 I.D. No. 71873 B' -3- ~~ ~ ',f_ ir l, , c- , VERIFlCATION I verify that the statements made in this Copmplaint are true and correct. I understand that false staternents herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~t:yn\.&f:.~ Date: 4/1-- """"',"""~~ ~. ~ - 'n I -.J ." ."~, . ~ ':- - .Ji:j-- -~~,h~\." < CAROLYN C. EDWARDS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 2000-3399 LLOYD W. EDWARDS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYL VANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Diane M. Dils, Esquire, who being duly sworn deposes and says that a true and correct copy of the Complaint in Divorce under Section 330l(c) of the Divorce Code has been served upon the Defendant, Lloyd W. Edwards, 541 Seventh Street, New Cumberland, PA 17070, by First Class, United States Mail, Certified No. Z 569 114948. Attached hereto is the return receipt card executed by Lloyd W. Edwards, dated June 10,2000, evidencing receipt of the same. Sworn and subscribed to hefore me this ...2/ q- day ~J ,2003. / ~L) Notary Public tQMlM.8IM. OEIM A. FIKt!!.!.'l!!... I.. ~~:=&n.~a6 .... ," ~ " ~ --... ---"='-"'-'~~- ... -8 m.s 1 andlQr 2 for adtlltl0nal Services. ,J I aI$m-~Sh te" .- '". ' . '3. if>, "'41>. "'"-'cllll!Vl~ I .Print your name and address on the reverse of this form so that we can return tbia e)d-t8 "..,.&\. ~_. ~', ~ . II! "I!li!l!i~lhi.fonntothefrontofth.maiIPiece.oronth.backffspacedo..not 1. CJ ~ee'sAddress ]; . ~Rstum Receipt Requested- on the maUpiece below thenal1lcle number. 2. I1t1iestricted Delivery ,,' II fi ~ Return Receipt will show to whom the article was delivered and the date .. -: Ii fJilivered. Consult postmaster for fee. J ' 'j... . Article Addressed to: 4a. Article Number l t";I~UI'~ Z.s~9 // E !!E , .r//I tJ_ -t-/. tJ-I- __ 4b.ServiceType i, - <.::> 7. if~ -<J~ 0 Registered 0 Certified II: : III '/Jaur ~I FfT 1'1"''70 0 Express Mail 0 Insured .f o Return Receipt for Merchandlse 0 COO . ~ ,8 7. OajRofoelivery, 0.. h ~ (.?..--(",..-t?d "Y^ g. 8. Addressee's.Address (Only if requested i! and fee is paid) jg I- Domestic Retum Receipt --- ,., '1'~-'--'-m8, . ~ " ",,," '. ^ = 'm_~~l!~~_IIi~mJ!iEf~~;M~.~'lIi;i.lli~~-iJd' " ". ,.-".~ ,-""., -, -,-,' ." ~. ~ " L "." 0_,"'_ "_~_1"1-.. (') c: s: "tlOJ (!]m 6-,h' Z'-' W);,:, ~;",;, r: \"~ "- -, ~~. ,--:,;, 'ji. - ~~" 'M ~,~ ~_~" " iIiIlIitt.'-i I I I I I i I I I i Co <. ;-'1 -n - , , "'~ f', t . .. ,-" ..~l ~" ~&\!",-; MAY-30-2ee3 09:39 AM DILS&DILS 7172332567 P.02 CAROLYN C. EDWARDS, Plaintiff VS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2000-3399 LLOYD W. EDWARDS, Defendant IN DIVORCE ~.~ ('.' ~i.:',;~- '.,' . ''',i. i;f::f.,:\' J" . i?.', r~'~ '." I""'~ . AFFIDAVIT OF CONSENT~':: '..' :r_) (.",. :\:; I. A Complaint in Divorce W1der Section 3301(0) of the Divorc'c Cdae w~s filed on June 2, 2000. 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, Date:-'ii, f / d j I verity that the statements made in this Affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa, C.s. ~4904, relating to unsworn falsification to authorities, (1 c.Ww Caro Q Df.LJCUc c. Edwards, Plaintiff 111: " I.', . ,~ ~,'" .. "~"~''''''t': MAY-3B-2B03 09:39 AM DILS&DILS 7172332567 P.03 CAROLYN C. EDWARDS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA VS. No, 2000-3399 LLOYD W. BDW ARDS, Defendant IN DIVORCE C', \.,. I.", ."1 ;) .,:1;': U~i ,'" WAIVER OF NOTICE OF INTENTION TO REQUESt ENTRY OF A DIVORCE DECREE UNDER SECTlq~ 330H c) OF THE DIVO~CECODE.',' ~"i': .. ."'J ."1 /"i'r ;, .} " . . I~'''! I. I consent to the entry of a final Decree in Divorce without notice.' ,'. .:' 2. r 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. Date: I verify that the statements made in this Waiver 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 falsification to authorities. (!~ L~T.c[v Carolynlb. Edwards, Plaintiff 4l1r.J 03. <il/.'- " . - "' -'. iW,f, MAY-30~2003 09:40 AM DILS&DILS 7172332567 P.04 ",1 ,.."'....'~E" ", . ,L.',::.,J(; .j.-' - ~ CAROLYN C. EDWARDS, Plaintiff VB. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA r;~ ','~ i '."~ No. 2000-3399 "v' n.. LLOYD W. EDWARDS, Defendant IN DIVORCE ~.~~ " \ ,: '''I ;.::. (... ";':.: "I' '.,;'1 "~ '"I ~FIDA VIT OF CONSENT ~"... 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 2, 2000, 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 made herein are made subject to the penalties of 18 Pa, C.S. ~4904, relating to unsworn falsificatio .to authorities. Date: ':f/; I !o j /fA.,. , if f W. Edwards, Defendant , , ""~ MAY-30-2003 09:40 AM DILS&DILS 7172332567 P~05 CAROLYN C. EDWARDS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VB, No, 2000-3399 IN DNORCE (-, !::: "II!",:: ~, '.; '. " (:', , , LLOYD W. BDW ARDS, Defendant " . ~ I " I:..:. , ' . WAIVER OF NOTICE Ot: INTENTION TO REQUESt .' ' ; . ENTRY OF A DIVORCE DECREE UNDER SECTIO~ ;'..;:;" 330l( c) OF mEbIvORCE CQDE 1, I consent to the entry of a final Decree in Divorce without notice. 2, r 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 Waiver 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 falsification to authorities, Date: 118'1tJ I " ~ ',' -~ -, ~ -- CAROLYN C. EDWARDS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2000-3399 LLOYD W. EDWARDS, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 2, 2000. 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 made herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsificatio Date: ~ /1/03 1 tl W. Edwards, Defendant ~-"'~"IIIII~~~~i""'''''' , J-lwJjaf -^ ."""'''~!f:'-('.~''1lJ1L'!OO1W~;!rJJ-!X~litJ-";"''''- " _L '.--rj.Dd'- ~ M~iiiiiI "'lIiIIllliliiillif" o c <' t}f}: [[Ie z~. ~~i-' r-:;L',- \>- "->C .L(" ~j .;-'"S ~'j -, c -.< c :"v "--) ;:;.~ " =< , ,,' ~, Ii - -- 1- CAROLYN C. EDWARDS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2000-3399 LLOYD W. EDWARDS, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330l( 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. Date: <1/18';0 I L1 d W. Edwards, Defendant ~~~[<:~J1n~n1i~.-:' 'i~.~~~~:;M,~~I!!;Ii~Iifllr>'~""'" ", e" , _".,~l ~ ,~~-',,-. . ,- ~-" .~~ ~,- "f';'''''f '. ol. "~ "~~lt&t.,,~~ ~,,- ~"- ;..,;"~-", -__J. .,.- () ;g:~: ~r~~: ~~~~' 2>< ,-\..~ .........C: ?:5 -<' , .~ c) C,,) p -,< c. -r' <"~', -)i'q '~~5;-n ~ ~''"'': ~ -< (,0 J;:"' , .LL~-"_:i] . ~j i-I I. " " il ~ " i :1 , ii " II il I I ,j-n 1- . ~" CAROLYN C. EDWARDS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2000-3399 LLOYD W. EDWARDS, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on June 2, 2000. 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 arld correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: 41/f/d3 Q[~ C. Edwards, Plaintiff ~":~-~~~~i1: -diIJ't-;....."'--"'~'.>HliIi.--- --'-iilIElUi -~'1,;~~-"'I~:it.i' ~ln1L-l " >.....' 1ilIiII!T (I _" ~ [-C!"~..,- (') C $: ,lv", fTin.:;:; ~~~ .....,... -~ r::(, ~- ~2 z -j -, c:? C,,', C) -~: "" cr ---:~', :..,,) ",'-f ("J :.;;rTJ .'="i ~,..",. :iJ -< t::- ." . "-..."" 'I' i Ii .-,-, , ~~:; . , -',-. . ~-j '"' ,'.-.,- ,",>,-' ':.;":',',;.; CAROLYN C. EDWARDS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2000-3399 LLOYD W. EDWARDS, Defendant IN DNORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330l( 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. Da', 4111'11:7 ~~E~=~ --~ ,,;."" --IJI '"'hj 'Co._-,""", ~ jr jJ --~:il' -~ m '\~-_-"-ji!'-J.i~ ~ ~" ~ ,N' ",,,-.--ij,-~,-,,.-,~~, ,- , "',~' ,,- '<;;J,,- o ~ ...::::.. -0(-)..; rnr~- '~~., !<- "t> ~, 0:.':::,1_.- Zc $c Zl _.~ -', '" " - ",". III. .t~,i '1'1 --I , II r' .1 i 1 1 ., II II I ,I I I 1 I I II I 1 I I _.......-, c; I, (..,) . . -"... (j, :_;J:') :,? r.- ~-c ,--~ ~~ -=--1 -', :g -~