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HomeMy WebLinkAbout02-5853ANN D. FRENCH, JOHN D. FRENCH, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. : IN DIVORCE CIVIL TERM 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 will proceed without you and a decree of divorce or annulment may be entered against you for any 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. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ANN D. FRENCH, JOHN D. FRENCH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. O~ - Y~' 5'25 CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE NO FAULT Plaintiff is Ann D. French, an adult individual currently residing at 1387 Indian Peg Road, Boiling Springs, Cumberland County, Pennsylvania. Defendant is John D. French, an adult individual currently residing at 1470 York Road, Carlisle, Cumberland County, Pennsylvania. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on September 3, 1988, in Boiling Springs, Cumberland County, Pennsylvania. There have been no other prior actions for divorce or annulment between the parties. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. COUNT H 11. Poxagraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. Defendant has committed such indignities upon the person of the ?laintiff, the innocent injured spouse, as to make her condition intolerable and life burdensome. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (a) (6). Respectfully submitted, //~a~~fi ,e~Esquire ~~ Ptaintiff ~-'~/~l~Fit~ & ASSOCIATES 200 North Han-- A_. _ . over Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ANN D FlY, ENCH ANN D. FRENCH, Vo JOHN D. FRENCH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02- 5853 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this ~ z~ ~ day of December, 2002, comes Bradley L. Griffie, Esquire, counsel of record for Plaintiff, Ann D. French, and states that a true and attested copy of a Complaint in Divorce was sent to Defendant, John D. French, of 1470 York Road, Carlisle, Pennsylvania 17013, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on December 13, 2002. GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to befor~me this ~ day of JP. J2~--g, lfV1 ~:' ~ , 2002 No~flal Seal Karisa J. L~man, Notary Public Carlisle Bom, Cum~fl~ My Commission ~pims Aug. zo, · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or o~the front if space permits. ! 1. Artic~ Addressed to: A. ~ignatu~ ,% ~iv~ by (P~nt~ Na~b q C. Date of D~iv~ II Is~m~ d~t ~m E~ 17 ~ Yes I :ow: I ~ Express Mail ~ ~ R~ist~ D Return R~eipt for Memh~dise ~ Insu~ Mail D C.O.D. 4. R~tH~ ~liv~? (~m F~) ~Yes 2. Article Number (Transfer from se?ice label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 Postage Certified Fee .0I Re{um Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endomement Required) Total Postage & Fees ANN D. FRENCH, Vo JOHN D. FRENCH, Plaintiff Defendant rlAR O 3 · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ·NO. 02-5853 CIVIL TERM ·IN DIVORCE AND NOW this ~n~'day of ~o~r__-~--~, , 2003, upon presentation and consideration of the within Petition Rule to Show Cause, a Rule is hereby issued upon the Defendant/Respondent, John D. French, to show cause, if any he has, as to why Plaintiff/Petitioner, Ann D. French, should not be granted exclusive possession of the former marital residence at 1387 Indian Peg Road, Boiling Springs, Cumberland County, pennsylvania, pending further Order of Court or agreement by the parties. And, FURTHER, why both parties should not be enjoined from selling, giving away, encumbering or otherwise alienating the personal property in their possession pending further Order of Court or agreement of the parities· Pending further Order of Court or Agreement of the parties, Plaintiff/Petitioner is granted exclusive possession of the residence at 1387 Indian Peg Road, Boiling Springs, Cu, mberland County, Pennsylvania, to the exclusion of Defendant/Respondent. Rule returnable ~} days after services upon Lee E. Osterling, Esquire, counsel for Respondent, by first class mail postage prepaid. BY THE COURT, Cc: Bradley L. Griffie, Esquire Attorney for Plaintiff/Petitioner Lee E. Oestefling, Esquire Attorney for Defendant/Respondent ANN D. FRENCH, Vo JOHN D. FRENCH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION'- LAW : : NO. 02-5853 CIVILTERM : IN DIVORCE CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the /Z--~t~ay of March, 2003, cause a copy of Plaintiff/Petitioner's Petition for Exclusive Possession and related Order of Court dated March 3, 2003, to be served upon Defendant's attorney of record first class mail, postage prepaid at the following address: Lee E. Oesterling, Esquire 42 East Main Street Mechanicsburg, PA 17055 DATE: ~ey for Plaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, iPA 17013 (717)243-5551 (800)347-5552 ANN D. FRENCH, Plaintiff/Petitioner VS. JOHN D. FRENCH, Defendant/Respondent AND NOW, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-5853 CIVIL TERM : IN CUSTODY/DIVORCE PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P. NO. 1915.13 comes Petition, Ann D. French, by and through her counsel of record, Bradley L. Griffie, Esquire, and petitions the Court as follows: 1. Petitioner is the above named Plaintiff, Ann D. French, an adult individual currently residing at 1387 Indian Peg Road, Boiling Springs, Cumberland County, Pennsylvania. 2. Respondent is the above named currently residing at 1440 South York Pennsylvania. Defendant, John D. French, an adult individual Street, Mechanicsburg, Cumberland County, 3. The parties are the natural parents of two children, namely, Alexander Davis French, bom August 12, 1989 and Jaime Lea French, bom December 29, 1991. 4. Contemporaneously with filing this Petition for Special Relief, Petitioner has filed a Complaint for Custody requesting primary legal and physical custody of the children at issue. 5. Petitioner has exercised primary physical custody of the children since approximately August 31, 2002 when Respondent vacated the parties' former marital residence. 6. Respondent has provided no financial assistance to Petitioner of the children since he vacated the former marital residence. 7. Petitioner filed a Complaint for Support on or about January 23, 2003 and a child support conference was held on April 9, 2003, during which time Respondent was advised by the Domestic Relations Hearing Officer that his Order for support would likely be around $682.00 per month for the support of his two children. 8. Respondent had filed a Complaint for Spousal Support on April 7, 2003, which was heard by the Domestic Relations Hearing Office at the same time. 9. When Respondent was advised of the approximate amount of his child support Order, he became irate, and began verbally threatening Petitioner. 10. On the evening of April 9, 2003, immediately following the support conference, Respondent contacted the Petitioner by telephone and began threatening her in various ways. 11. Respondent's threats dealt primarily with telling Petitioner that Respondent would take the children and tell them how terrible a person Petitioner was, would tell them that Petitioner was destroying his life, would tell them that Petitioner was taking all of his money, would tell them that Petitioner would not leave him with enough money to eat, that Petitioner was taking all of his money so that Respondent would no longer be able to visit the children and provide them with food, and so on. 12. Respondent later contacted Petitioner and advised her, using many derogatory and vulgar terms, that she should tell "her children" that they will never see their father again because he could not afford to have contact with them. 13. Respondent has a long history of drag and alcohol abuse, and violent conduct. 14. Respondent, throughout the parties' marriage, has routinely verbally, emotionally and mentally abused Petitioner and her children. 15. Because of Petitioner's fear for her safety, she filed a Petition for Exclusive Possession and received a Temporary Order, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A", providing her with exclusive possession of the former marital residence and excluding Respondent from the residence. 16. The aforesaid Petition and Order is being made final contemporaneously with the filing of this document, as Respondent has not filed an Answer. 17. On April 10, 2003, Respondent again contacted Petitioner and advised her that he was taking the children with him and he was going to let them. know what type of mother they had. 18. Petitioner was at work and unable to get home to secure her home or children, who were with their childcare provider, before Respondent went to the home. 19. Respondent went to the former marital residence, contrary to the Exclusive Possession Order, and physically removed the children from the care of their childcare provider, who was scared and otherwise traumatized by Respondent's conduct. 20. Based upon Respondent's conduct, Petitioner believes and, therefore, avers, that Respondent was under the influence of alcohol, marijuana, cocaine or other illicit drugs that he routinely uses. 21. While the children were returned by approximately 9:15 p.m. Thursday, April 10, 2003, they were returned after having been verbally accosted and pressured by Respondent for the entire evening. 22. The children, who have already been engaged in counseling by Petitioner to assist them with the marital discord and the current separation of the parties, were extremely distraught, upset and confused upon their return from their visit with Respondent. 23. According to the children, Respondent advised them that because Petitioner is taking all of his money, he cannot eat, he will not be able to visit with the children at his home and that he may be forced to leave the state or even the country. 24. The children further advised Petitioner that Respondent has demanded that they come live with him so that he can then ask for support from Petitioner and then they will be able to see their father, Respondent herein. 25. The pressure, stress and emotional and mental abuse that Respondent placed upon the children will continue as long as he is permitted to see the children under the present circumstances. 26. There is no Order in effect relative to custody and Petitioner is gainfully employed with Cumberland County, Pennsylvania, and obligated to attend her employment each day from 8:00 a.m. until 4:30 p.m. 27. Petitioner has no way to protect or provide for her children for the brief period they are at their home with their childcare provider from the end of their school day until Petitioner is able to go home at the end of the day without the entry of a Court Order. 28. Since Respondent left the former marital residence, he has provided no financial assistance of any nature whatsoever to Petitioner and Petitioner is obligated to make payment for all costs associated with the day-to-day care of the children. 29. Respondent, during the parties' marriage and cohabitation, routinely smoked marijuana in front of the children and engaged in violent outbursts of many kinds due to the fact that he was intoxicated or high on marijuana or cocaine. 30. Petitioner believes and, therefore, avers that Respondent's addiction and abuse of alcohol and the aforementioned illicit drags continues. 31. While Petitioner is attempting to maintain contact between the children and their counselor, the vexatious conduct of the Respondent in putting the children through emotional turmoil, as described above, which will have a lasting adverse impact upon the children. 32. Pending the processing of Petitioner's Complaint for Custody, the scheduling of a Conciliation Conference, and the ultimate psychological/custody evaluation which will be necessary in this case, Petitioner should be provided with primary physical custody of the children. 33. Since the children's birth, Petitioner has been the primary caretaker of the children, providing for all of their day-m-day needs, their medical care, their involvement in school and extracurricular activities, their financial needs and ail other aspects of their life. 34. Respondent's involvement with the children from the time they were born has been extremely minimal and, more recently, has been extremely disruptive. 35. Since the parties' separation, Respondent has had limited contact with the children, however, has seen them approximately one evening per week and one overnight per week, particularly since he has begun residing with his paramour. 36. The entry of the within Order will maintain the status quo of the situation pending further proceedings in this matter. 37. Without the entry of the requested Order, Petitioner believes and, therefore, avers that Respondent will continue to remove the children from their home and otherwise attempt to alienate the children from Petitioner through any means available to him. 38. Counsel for Respondent is Lee Osterling, Esquire, who has been provided with a copy of this Petition by facsimile correspondence prior to filing, and who has been made aware that the Petition is being filed. WHEREFORE, Petitioner requests your Honorable Court to enter an Order providing her with primary physical and legal custody of the children pending further Order of Court or agreement of the parties. Respectfully submitted, ~~~e, Esquire Attor/t~y for Petitioner 200 N. Hanover Street Carlisle, PA 17013 (717) 243-5551 VERIFICATION I verify that the statements made in the foregoing document are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. ANN D. 'FRENCH ' 2003 ANN D. FRENCH, JOHN D. FRENCH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -. LAW : : NO. 02-5853 CIVILTERM : IN DIVORCE ORDER OF COURT AND NOW this 3x.,A day of /h..a_~/,,_a ,2003, upon presentation and consideration of the within Petition for Rule to Show Cause, a Rule is hereby issued upon the Defendant/Respondent, John D. French, to show cause, if any he has, as to why Plaintiff/Petitioner, Ann D. French, should not be granted exclusive possession of the former marital residence at 1387 Indian Peg Road, Boiling Springs, Cumberland County, Pennsylvania, pending further Order of Court or agreement by the parties. And, FURTHER, why both parties should not be enjoined from selling, giving away, encumbering or otherwise alienating the personal property in 'their possession pending further Order of Court or agreement of the parities. Pending further Order of Court or Agreement of the parties, Plaintiff/Petitioner is granted exclusive possession of the residence at 1387 Indian Peg Road, Boiling Sprin. gs, Cumberland County, Pennsylvania, to the exclusion of Defendant/Respondent. Rule returnable ~ o days after services upon Lee E.. Osterling, Esquire, counsel for Respondent, by first class mail postage prepaid. BY THE COURT, Cc: Bradley L. Griffie, Esquire Attorney for Plaintiff/Petitioner Lee E. Oesterling, Esquire Attorney for Defendant/Respondent Exhibit "A" ANN D. FRENCH, Plaintiff V. JOHN D. FRENCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-- LAW NO. 02-5853 CIVIL TERM IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION AND RULE TO SHOW CAUSE AND NOW comes Petitioner, Ann D. French, by and tln-ough her counsel of record, Bradley L. Griffie, Esquire, and the law firm of Griffie and Associates, and petitions the Court as follows: Petitioner is the above named Plaintiff and adult individual currently residing at 1387 Indian Peg Road, Boiling Springs, Cumberland County Pennsylvania. Respondent is the above named Defendant and an adult individual currently residing at 1440 South York Street, Mechanicsburg, Cumberland County, Pennsylvania. The within action was initiated by the filing of a Complaint in Divorce by Petitioner on December 9, 2002. The parties previously resided together at their former marital residence at 1387 Indian Peg Road, Boiling Springs, Cumberland County, Peimsylvania. The parties are the natural parents of two children, namely, Alexander Davis French, born August 12, 1989, and Jaime Lea French, bom December 29, 1991. On or about September 3, 2002, by agreement of the parties, Respondent vacated the former marital residence and granted possession to Petitioner and her children. o 10. 11. 12. At the time of Respondent vacating the former marital residence, Petitioner provided Respondent with $4,000.00 from her separate and non-marital funds to assist Respondent in securing a new residence. Respondent originally moved to a residence at 1470 York Road, Carlisle, Cumberland County, Pennsylvania. Since that time, Respondent has moved in with his paramour and currently resides at 1440 South York Street, Mechanicsburg, Cumberland County, Pennsylvania. At the time of the parties' mutual separation on approximately September 3, 2002, the parties separated their personal property to their mutual satisfaction with the understanding that the bulk of the items retained by each party would remain marital property but that each party would retain possession of those items pending a comprehensive resolution of equitable distribution aspect of their divorce. Since the time of the parties' separation, counsel fbr Petitioner has made repeated efforts to gain the cooperation of Respondent, and his counsel Lee Oesterling, Esquire, of 42 East Main Street, Mechanicsburg, Permsylvania, in an effort to be sure that Respondent will, in fact, permit Petitioner to have the quiet, uninterrupted, enjoyment of her home at 1387 Indian Peg Road, Boiling Springs, Cumberland County, Pennsylvania. Since the parties' separation and since the initiation of the divorce proceedings by Petitioner, Respondent has become increasingly confrontational and threatening relative to various matters and, particularly with respect to the within Petition, has threatened to return to the marital residence and remove items of personal property, or damage the home itself. - 13. 14. 15. 16. 17. 18. 19. Counsel for Petitioner has made requests of counsel for Respondent to gain the cooperation of Respondent to stipulate to exclusive possession of the former marital residence, to which counsel for Respondent has failed to respond. In the past, Respondent has been verbally and emor. ionally abusive to Petitioner and to the parties' two minor children, who reside with Petitioner and Petitioner is, therefore, fearful for her and the children's safety without the entry of an Order providing her with exclusive possession of her residence. Respondent resides with his paramour and Petitioner makes no efforts of any nature whatsoever to enter upon that premises, thereby allowing Respondent to maintain the quiet enjoyment of his residence. Petitioner is gainfully employed by the County of Cumberland and the parties' children both attend school such that the former marital residence is vacant during most weekdays. Petitioner has no way of protecting herself, her children, her home or her personal property from the threatened actions of Respondent without additional Court intervention. Petitioner is and has been maintaining the mortgages on the former marital residence where she currently resides and will continue to do so during the pendency of the divorce action. Respondent has failed to provide any financial assistance to Petitioner 0r the parties' children since the time of their separation, which resulted in Petitioner filing a Complaint for child support. 20. 21. 22. 23. 24. 25. 26. 27. Upon receipt of the scheduling notice of the child support action, Respondent became even more threatening with respect to the Petitioner's home and her property. The Respondent has repeatedly advised Petitioner that since the real estate at issue is titled in his name as well, he has the right to come and go in that home as he pleases and will do so. The parties are subject to an Antenuptial Agreement dated August 24, 1988, detailing the parties' arrangement relative to their pre-marital property. Petitioner excluded from marital property and retained as her separate property, the real estate located at 205 Frost Road, Gardners, South Middleton Township, Cumberland County, Pennsylvania, at the time of signing the Antenupital Agreement. Subsequent to the signing of the Antenuptial Agreement, the parties' sold the aforementioned property on Frost Road in Gardners, Pennsylvania, and ultimately, through additional purchases and sales of real estate, secured the real estate located at 1387 Indian Peg Road, Boiling Springs, Cumberland County, Pennsylvania. The Deed to the property at 1387 Indian Peg Road, Cumberland County, Pennsylvania, is in joint names. Based upon all of the circumstances of the parties at this time there is no basis or reason for Respondent to return to the former marital residence, except for purposes of securing custody of the parties' children during periods of partial custody, and therefore, Respondent would not be harmed in any manner by the entry of an Exclusive Possession Order. Counsel for Respondent has been provided with a copy of this Petition prior to filing and has contacted counsel for Petitioner advising counsel for Petitioner that while he does not have authority to concur to the requests herein, he concurs in the entry of an Order in the form attached without the necessity of scheduling a hearing on this matter at this time. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule to Show Cause upon Respondent as to why he should not be excluded from the former marital residence at 1387 Indian Peg Road, Boiling Springs, Cumberland County, Pennsylvania, and further that the Court enter a temporary Order providing exclusive possession of the aforesaid residence to the Petitioner. R.e,s~y submitted, / ~~- ~-',,~ .~-~....~ . ~~~r pla~nt~f/Petitioner G~IE & ASSOCIATES 200 No~ H~over Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. ANN D. FRENCH, Plaintiff/Petitioner ANN D. FRENCH, Vo JOHN D. FRENCH, Plaintiff Defendant · CIVIL ACTION - LAW · IN CUSTODY IN THE COURT OF ,COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM COMPLAINT FOR CUSTODY Plaintiff is Ann D. French, an adult individual currently residing at 1387 Indian Peg Road, Boiling Springs, Cumberland County, Pennsylvania. o Defendant is John D. French, an adult individual currently residing at 1440 South York Street, Mechanicsburg, Cumberland County, Pennsylvania. The parties are the natural parents of two (2) minor children, namely, Alexander Davis French, bom August 12, 1989, and Jaime Lea French, born December 29, 1991. The children were not bom out of wedlock. For the past five (5) years, or since the children's birth, the children have resided with the following persons at the following addresses for the following periods of time: .NAME ADDRESS DATES Plaintiff 409 Cfiswell Drive Prior to February 1997 to Defendant Boiling Springs, PA 1998 Plaintiff 1387 Indian Peg Road 1998 to Defendant Boiling Springs, PA August 31, 2002 Plaintiff 1387 Indian Peg Road August 31, 2003 Boiling Springs, PA to present The natural mother of the children is Ann D. French who resides as aforesaid. She is married. The natural father of the children is John D. French who resides as aforesaid. He is married. The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently resides with Defendant and the children at issue. The relationship of the Defendant to the children is that of natural father. Defendant currently resides with his paramour, Ann Pelko, and her three minor children. Plaintiff has not participated as a party or witness, ,ar in any other capacity in other litigation, concerning custody of the children. o Plaintiff has no information of any custody proceedings concerning the children pending in any Court of this Commonwealth. o It is in the best interest and permanent welfare of the children to grant the relief requested because: a) Plaintiff has been the primary caretaker and custodian for the children providing their primary and essentially sole physical, social, educational, mental and psychological care; b) Defendant has been physically, emotionally, memally, and verbally abusive to the children; and c) Defendant continues to engage in a long history of drag abuse, alcohol abuse, and violent conduct that suggests he is not suitable to serve as a caretaker for the children. 10. Plaintiff does not know any person not a party to these proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to schedule a Conciliation Conference followed by a hearing at which time she should be granted primary physical custody of the children. Respectfully submitted, ~fl~e, ]Esquire · ?~tt~rn~for JSlaintilT C~'~GRIFFIE & ASSO~:IATE:S 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statemems made in the foregoing document are true and correct. I understand that false statements herein are made subject to the,' penal[ties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE:, ANN D. FRjEN(]I2I,- P~a~ntiff ANN D. FRENCH, Plaintiff/Petitioner VS. JOHN D. FRENCH, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-5853 CIVIL TERM : IN DIVORCE PETITION TO MAKE RULE ABSOLUTE AND NOW, comes Petitioner, Ann D. French, by and through her counsel of record, Bradley L. Griffie, Esquire, and the law firm of GRIFFIE & ASSOCIATES and Petitions the Court as follows: 1. Your Petitioner filed a Petition for Exclusive Possession and Rule to Show Cause on or about March 3, 2003. A copy of said Petition and Rule being attached hereto and incorporating herein by reference as Exhibit "A." 2. The aforesaid Petition and resulting Order of Court and Rule to Show Cause dated March 3, 2003, was served upon Respondent's counsel, Lee E. Oesterling, Esquire, by correspondence dated March 12, 2003. 3. No response has been filed by the Defendant/Respondent and the twenty (20) day time period from service has passed. WHEREFORE, Petitioner requests your Honorable Court to make the aforementioned Rule Absolute and enter the proposed Order attached hereto. Respectfully submitted, .~Esquire ~ A~R~rn~yforPlaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. AI~q D. FRENCH, 151aintiff/Petitioner MAR 0 3 2003 ANN D. FRENCH, JOHN D. FRENCH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-5853 CIVIL TERM : IN DIVORCE ORDER OF COURT AND NOW this 3x.d,. day of /?t..t~_~/~,_~ ,2003, upon presentation and consideration of the within Petition for Rule to Show Cause, a Rule is hereby issued upon the Defendant/Respondent, John D. French, to show cause, if any he has, as to why Plaintiff/Petitioner, Ann D. French, should not be granted exclusive possession of the romper marital residence at 1387 Indian Peg Road, Boiling Springs, Cumberland County, Pennsylvania, pending further Order of Court or agreement by the parties. And, FURTHER, why both parties should not be enjoined from selling, giving away, encumbering or otherwise alienating the personal property in their possession pending further Order of Court or agreement of the parities. Pending further Order of Court or Agreement of the parties, Plaintiff/Petitioner is granted exclusive possession of the residence at 1387 Indian Peg Road, Boiling Sprin. gs, Cumberland County, Pennsylvania, to the exclusion of Defendant/Respondent. Rule returnable ,2 o days after services upon Lee E. Osterling, Esquire, counsel for Respondent, by first class mail postage prepaid. BY THE COURT, Cc: h~ Bradley L. Griffie, Esquire .4ttorney for Plaintiff/Petitioner Lee E. Oestefling, Esquire Attorney for Defendant/Respondent F~xhibit "A" It i~. J. ANN D. FRENCH, Plaintiff JOHN D. FRENCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PETITION FOR EXCLUSIVE POSSESSION -* AND RULE TO SHOW CAUSE AND NOW comes Petitioner, Ann D. French, by and through her counsel of record, Bradley L. Griffie, Esquire, and the law firm of Griffie and Associates, and petitions the Court as follows: o Petitioner is the above named Plaintiff and adult individual currently residing at 1387 Indian Peg Road, Boiling Springs, Cumberland County Pennsylvania. Respondent is the above named Defendant and an adult individual currently residing at 1440 South York Street, Mechanicsburg, Cumberland County, Pennsylvania. The within action was initiated by the filing of a Complaint in Divorce by Petitioner on December 9, 2002. The parties previously resided together at their former marital residence at 1387 Indian Peg Road, Boiling Springs, Cumberland County, Pennsylvania. The parties are the natural parents of two children, namely, Alexander Davis French, born August 12, 1989, and Jaime Lea French, born December 29, 1991. On or about September 3, 2002, by agreement of the parties, Respondent vacated the former marital residence and granted possession to Petitioner and her children. 10. 11. 12. At the time of Respondent vacating the former marital residence, Petitioner provided Respondent with $4,000.00 from her separate and non-marital funds to assist Respondent in securing a new residence. Respondent originally moved to a residence at 1470 York Road, Carlisle, Cumberland County, Pennsylvania. Since that time, Respondent has moved in with his paramour and currently resides at 1440 South York Street, Mechanicsburg, Cumberland County, Pennsylvania. At the time of the parties' mutual separation on approximately September 3, 2002, the parties separated their personal property to their mutual satisfaction with the understanding that the bulk of the items retained by each party would remain marital property but that each party would retain possession of those items pending a comprehensive resolution of equitable distribution aspect of their divorce. Since the time of the parties' separation, counsel for Petitioner has made repeated efforts to gain the cooperation of Respondent, and his counsel Lee Oesterling, Esquire, of 42 East Main Street, Mechanicsburg, Pennsylvania, in an effort to be sure that Respondent will, in fact, permit Petitioner to have the quiet, uninterrupted, enjoyment of her home at 1387 Indian Peg Road, Boiling Springs, Cumberland County, Pennsylvania. Since the parties' separation and since the initiation of the divorce proceedings by Petitioner, Respondent has become increasingly confrontational and threatening relative to various matters and, particularly with respect to the within Petition, has threatened to return to the marital residence and remove items of personal property, or damage the home itself. ... 13. 14. 15. 16. 17. 18. 19. Counsel for Petitioner has made requests of counsel for Respondent to gain the cooperation of Respondent to stipulate to exclusive possession of the former marital residence, to which counsel for Respondent has failed to respond. In the past, Respondent has been verbally and emotionally abusive to Petitioner and to the parties' two minor children, who reside with Petitioner and Petitioner is, therefore, fearful for her and the children's safety without the entry of an Order providing her with exclusive possession of her residence. Respondent resides with his paramour and Petitioner makes no efforts of any nature whatsoever to enter upon that premises, thereby allowing Respondent to maintain the quiet enjoyment of his residence. Petitioner is gainfully employed by the County of Cumberland and the parties' children both attend school such that the former marital residence is vacant during most weekdays. Petitioner has no way of protecting herself, her children, her home or her personal property from the threatened actions of Respondent without additional Court intervention. Petitioner is and has been maintaining the mortgages on the former marital residence where she currently resides and will continue to do so during the pendency of the divorce action. Respondent has failed to provide any financial assistance to Petitioner Or the parties' children since the time of their separation, which resulted in Petitioner filing a Complaint for child support. 20. 21. 22. 23. 24. 25. 26. 27. Upon receipt of the scheduling notice of the child support action, Respondent became even more threatening with respect to the Petitioner's home and her property. The Respondent has repeatedly advised Petitioner that since the real estate at issue is titled in his name as well, he has the right to come and go in that home as he pleases and will do so. The parties are subject to an Antenuptial Agreement dated August 24, 1988, detailing the parties' arrangement relative to their pre-marital property. Petitioner excluded from marital property and retained as her separate property, the real estate located at 205 Frost Road, Gardners, South Middleton Township, Cumberland County, Pennsylvania, at the time of signing the Antenupital Agreement. Subsequent to the signing of the Antenuptial Agreement, the parties' sold the aforementioned property on Frost Road in Gardners, Pennsylvania, and ultimately, through additional purchases and sales of real estate, secured the real estate located at 1387 Indian Peg Road, Boiling Springs, Cumberland County, Pennsylvania. The Deed to the property at 1387 Indian Peg Road, Cumberland County, Pennsylvania, is in joint names. Based upon all of the circumstances of the parties at this time there is no basis or reason for Respondent to return to the former marital residence, except for purposes of securing custody of the parties' children during periods of partial custody, and therefore, Respondent would not be harmed in any manner by the entry of an Exclusive Possession Order. Counsel for Respondent has been provided with a copy of this Petition prior to filing and has contacted counsel for Petitioner advising counsel for Petitioner that while he does not have authority to concur to the requests herein, he concurs in the entry of an Order in the form attached without the necessity of scheduling a hearing on this matter at this time. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule to Show Cause upon Respondent as to why he should not be excluded from the former marital residence at 1387 Indian Peg Road, Boiling Springs, Cumberland County, Pennsylvania, and further that the Court enter a temporary Order providing exclusive possession of the aforesaid residence to the Petitioner. L~Ly submi~ed, g/<~Gfiffi~f'Esquire ~.~v~f or plaintiff/Petitioner 'IE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. ANN D. t~RENCH, Plaintiff/Petitioner ANN D. FRENCH PLAINTIFF V. JOHN D. FRENCH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5853 CIVIL ACTION LAW iN CUSTODY ORDER OF COURT AND NOW, Monday, April 21, 2003 , upon consideration, of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 15, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such 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 also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 170 l 3 Telephone (717) 249-3166 ANN D. FRENCH, Plaintiff/Petitioner VS. JOHN D. FRENCH, Defendant/Respondent AND NOW, this day of ~ llanos\ , 2003, upon presentation and consideration of the within Petition to Make R~eIAbsolute and in consideration of the failure of Defendant/Respondent, John D. French, to file an Answer to the Rule issued upon him, it is hereby ORDERED and DIRECTED as follows: 1. From the date of this Order forward, Plaintiff/Petitioner, Ann D. French, is granted exclusive possession of the residence located at 1387 Indian Peg Road, Boiling Springs, Cumberland County, Pennsylvania. 2. From the date of this Order forward, Defendant/Respondent, John D. French, is excluded from the residence at 1387' Indian Peg Road, Boiling Springs, Cumberland County, Pennsylvania. 3. Neither parties shall sell, give away, encumber, or otherwise alienate the personal property in their possession from this time forward. 4. All of the provisions of this Order shall remain in full force and effect unless amended by Order of Court or Stipulation and Agreement of the parties which shall be entered as an Order of Court. · IN THE COURT OF COM3VION PLEAS^poeR 1 6 2003 · CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-5853 CIVIL TERM : IN DIVORCE Cc~ ~Bradley L. Griffie, Esquire Attorney for Plaintiff/Petitioner ..~ee E. Oesterling, Esquire Attorney for Defendant/Respondent MAY 2 i 2003 ANN D. FRENCH, Plaintiff v JOHN D. FRENCH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02 - 5853 CIVIL : IN CUSTODY COURT ORDER AND NOW, this/_.,~5 day of May, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Ann D. French, and the Father, John D. Franch, shall enjoy shared legal custody of Alexander Davis French, born August 12, 1989; and Jaime Lea French, born December 29, 1991. 2. The Mother shall enjoy primary physical custody of the minor children. Father shall enjoy periods of temporary physical custody of the minor children as follows: On alternating weekends. During the school year, the timeframe shall be from Friday afternoon until Sunday evening. During the summer months, the timeframe shall be Friday afternoon until Monday morning. Be At least one evening per week from 6:00 p.m. until 9:00 p.m. or at such other times as agreed. C. At such other times as agreed upon by the parties. Each parent shall enjoy at least two weeks vacation with the minor children. The parties shall attempt to notify the other parent at least thirty (30) days in advance as to when they intend to exercise their periods of vacation. The parties will work among themselves with respect to sharing/alternating a holiday schedule. The parties may alter this schedule in any manner they desire as long as the parties agree. Absent an agreement, the schedule set forth above shall control. cc: /'~ey L. Griffie, Esquire /,,Lee E. Osterling, Esquire In the event either party becomes dissatisfied with this order, that party may petition the court to have the case against sched~ol~with the custody conciliator for a conference. .Y ~ ~o~,2/,- J', r ANN D. FRENCH, : Plaintiff : v ; JOHN D. FRENCH, : Defendant : Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 5853 CIVIL IN CUSTODY' CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following The pertinent information pertaining to the children who are the subject of this litigation is as follows: Alexander Davis French, born August 12, 1989; and Jaime Lea French, born December 29, 1991. A Conciliation Conference was held on May 15, 2003, with the following individuals in attendance: The Mother, Ann D. French, with her counsel, Bradley L. Griffie, Esquire; and the Father, John D. French, with his counsel, Lee E. Osterling, Esquire. The parties agree to the entry of an order in the form as attached. DATE Hubert X. ~c;~E~uire Custody Conciliator ANN D. FRENCH, JOHN D. FRENCH, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NO. 02-5853 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on December 9, 2002, and served on December 13, 2002. 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 of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 FALSIFICATION TO AUTHORITIES. ANN D. FRENCH, JOHN D. FRENCH, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-5853 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE 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 may lose rights conceming alimony, division of property, lawyer's fees or expenses ifI 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 THE FOREGOING 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 FALSIFICATION TO AUTHORITIES. AN'ND. FR~CH, Pl'ainfiff Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9TI-I JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA ANN D. FRENCH Plaintiff, No~ O?,-SRqq ¢?ixfil Term JOHN D. FRENCH Defendant Civil Action - Divorce AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on December Q, 91309 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 consem to the entry of a f'mal decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: ~~'~ - O~ ~N'D. FRi~NC~I, ~-~fendant Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790~5400 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA ANN D. FRENCH Plaintiff, JOHN D. FRENCH Defendant No.~J]2- qR 53~zJl_Term : Civil Action - 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 of divorce without notice. 2. I understand that I may lose rights concerning alimony, dMsion of property, lawyer's fees or expenses ifI 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 &the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: ~~fendant SEPARATION AND PROPERTY SETTLEMENT AGREEMENT between ANN D. FRENCH, of 1387 Indian Peg Road, Boiling Springs, Cumberland County, Pennsylvania,, party of the first part, hereinafter referred to as "Wife," AND JOHN D. FRENCH, of 1440 South York Street, Mechanicsburg, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to ~,s "Husband," WITNESSETH: WHEREAS, Husband and Wife were married on September 3, 1988, in Boiling Springs, Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; an:d WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and --Page 1 of 19-- WHEREAS, the parties hereto have mutually entered into an agreement for the division of their .jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION L1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. AR TICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to --Page 2 of 19-- the other that the execution and delivery of this Agreemen! is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divome; provided, however, that nc,thing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any ju:st or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enfomeable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any mason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divome in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. --Page 3 of 19-- 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital properly, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. --Page 4 of 19-- 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Property. Except for the provisions set tbrth in paragraph 3.8 relative to vehicles, the parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties acknowledge that they have the cash, accounts, furniture, appliances, guns, and other personal property, tangible and intangible, in their possession that they wish to have and retain from this time forward. Neither party shall make any claim whatsoever against the personal property irt the other party's possession, or assets in that other party's possession, from the time of execution of this Agreement forward. 3.4 Li£e Insurance. Each party retains the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership with respect to any life insurance policies on which they are the owner, free of any right or claim by the other party with respect to any and all life insurance policy owned by that party. Each party agrees to sign any documents necessary to waive, relinquish or transfer any rights, title or interest to such policies owned by the other party within fifteen (15) days of being requested to do so by the other party. 3.5 Subsequentlv Acquired Property. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal --Page 5 of 19-- property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Real Estate. The parties are joint owners of real estate located at 1387 Indian Peg Road, Boiling Springs, Cumberland County, Pennsylvania, which property is currently encumbered with a mortgage and a home equity loan or secortd mortgage both of which are due and owing to Orrstown Bank. In consideration of the other provisions hereinafter set forth in this paragraph, Husband hereby waives, relinquishes, and transfers any and all right title and interest he has in the aforementioned real estate. As part of the implementation of the terms of this paragraph, Husband shall execute a General Warranty Fee Simple Deed conveying all of his right, title and interest in the aforementioned property, which Deed shall be held in escrow by Husband's legal counsel, after it has been signed, witnessed and notarized by Husband, until I is delivered to Wife's legal counsel as hereinafter provided. Wife is and shall remain solely and exclusively responsible for the repayment of the mortgage and home equity loan or second mortgage both of which are due and owing to Orrstown Bank identified as loan numbers 60003091 and loan number 180029492, respectively. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever on account of the aforesaid mortgage. In addition, Wife shall file an application for refinancing on the aforementioned mortgages within fifteen (15) days of execution of the Agreement by both parties. Wife shall refinance the mortgage and home equity loan so as to remove ttusband as an obligor on the said mortgage and home equity loan with in forty-five (45) days oJ~' execution of this Agreement by --Page 6 of 19- both parties. In the event Wife is unable to secure funding for refinancing of the mortgage at this time, she must reapply for refinancing with a reputable financial institution every six (6) months from the date of this Agreement forward until such time as .,;he has been able to secure such a refinancing. At the time of Wife's refinancing, Husband's legal counsel shall provide Wife's legal counsel with the signed, witnessed and notarized Deed cortveying Husband's interest in the property so as to allow Wife to conclude the refinancirtg through the recording of the aforementioned Deed. At the time of refinancing, and inconsideration of Husband waiving and transferring his interest in the aforementioned real estate, Wife shall secure the additional sum of FORTY THOUSAND AND XX/IO0 ($40,000.00) DOLLARS, which shall be disbursed to Husband through the payment of FIVE THOUSAND EIGHT HUNDRED AND XX/IO0 ($5,800.00) DOLLARS to Tony and Ann Davis, for the debt due and owing to the Davis for funds loaned for the purchase of an 1995 Harley Davidson Sportster. In addition, counsel for Wife shall provide counsel for Husband with the balance of this disbursement of THIRTY-FOUR THOUSAND TWO HUNDRED AND XX/iO0 ($34,200.00) DOLLARS. Further, the parties acknowledge that Wife has previously provided to Husband a disbursement of FOUR THOUSAND AND XX/IO0 ($4,000.00) DOLLARS which was in consideration of Husband's distribution of property and waiver of interest in the real estate as hereinbefore set forth. From the time of execution of this Agreement forward and from the time of the receipt of the sum as described above, Husband shall make no claim of any nature whatsoever relative to any legal or equitable interest in the aforesaid real estate, except for the specific consideration set forth in this paragraph. --Page 7 of 19-- Except as hereinbefore set forth, neither party has any claim, rights or interest of any nature whatsoever, whether legal or equitable, in any real es'Iate at this time, nor did they have such interest at the time of the parties' separation. 3.7 Pension, Retirement, Profit-Sharing. Wife hereby waives, relinquishes or transfers any and all of her right, title or interest she has or may have in any retirement accounts of Husband's, of any nature whatsoever, whether they be profit-sharing, pension, 401(k) account, IRAs or any other accounts, that Husband has or may have in his individual name that he may have secured individually, or through his present or prior employment. Wife shall execute any and all necessary documents to so waive, transfer, and relinquish her interest in such accounts within fifteen (15) days of being requested to do so by Husband or his legal counsel. Husband hereby waives, relinquishes or transfers any mad all of his right, title and interest he has or may have in any retirement accounts of Wife's, of any nature whatsoever, whether they be profit-sharing, pension, 401(k) account, IRAs or any other accounts that Wife has or may have in her individual name that she may have secured individually, or through her present or prior employment. Husband shall execute any and all necessary documents to so waive, transfer, and relinquish his interest within fifteen (15) days of being requested to do so by Wife or her legal counsel. 3.8 Vehicles. Each party shall retain sole and exclusive ownership and possession of the vehicles presently in their possession. This includes, but is not limited to, the 2000 Nissan Frontier, Yamaha Standup Jet Ski and 1995 Harley Davidson Sportster, which shall be retained by Husband as his sole and exclusive possession. It is noted that the Yamaha Standup Jet Ski is, --Page 8 of 19-- at present, in the physical possession of Wife and shall be transferred within ten (10) days of execution of this Agreement from Wife's possession to Husband's possession. In the event it is necessary for Wife to execute any documents to transfer ownership of the aforementioned vehicles to Husband's name alone, she shall execute such documents within fifteen (15) days of being requested to do so by Husband or his legal representatilve. However, contemporaneously with Wife transferring any interest she has in the 2000 Nissan Frontier, Husband shall refinance the loan and encumbrance due and owing to Waypoint Bank docketed to account number 8551016184, which debt exists in the parties' joint names. Husband shall refinance this debt with a reputable financial institution of his choosing so as to remove Wife's name from the encumbrance on the aforesaid vehicle at which time Wife shall execute any and all necessary documents to remove her name to the title of said vehicle. This further confirms that Wife shall retain sole and exclusive ownership and possession of the 1998 Nissan Pathfinder, the four wheelers, the remaining Jet Ski and the trailer for the Jet Ski, all of which are in Wife's possession at the time of executing this Agreement. In the event is necessary for Husband to execute any documents to transfer ownership of the aforementioned vehicles into Wife's name alone, he shall execute such documents within fifteen (15) days of being requested to do so by Wife or her legal representative. In the event there are any encumbrances of any nature whatsoever on the aforesaid vehicles retained by Wife, Wife shall refinance said encumbrances so as to remove Husband's name as an obligor on said encumbrances. 3.9 Intangible Personal PropertF. Wife has and shall retain sole and exclusive ownership and possession of the Orrstown Bank checking and savings account retained by the parties at the --Page 9 of 19-- time of their separation. In the event Husband's name has not been removed from these accounts, he will execute any and all necessary documents so as to remove his name or in the alternative execute documents as Wife may request to close the previously maintained joint accounts so as to allow Wife to secure accounts in her name alone. Further, Husband reaffirms his prior waiver of any of the interest in the trust fund established for Wife by Wife's parents, which fund was original established at CCNB Bank, but transferred through several banks and now exists at Orrstown Bank. Husband waived any interest in said funds through a Pre-Nuptial Agreement that was executed prior to the parties' marriage, and hereby reaffirms his waiver of any interest in said Trust funds. Husband further waives any interest he has or may haw: either individually or through his marriage to Wife in a certain account established at Orrstowa Bank from proceeds distributed from the estate of Lyla Davis, who died September 6, 2001. In the event Wife has any other accounts in her name alone, Husband hereby waives, relinquishes and transfers any and all right, title and interest in the aforesaid account. Wife waives relinquishes and transfers any all right, title and interest she has in any accounts maintained by Husband in his name alone. Each party shall execute any documents necessary to further waive or transfer her interest in the aforementioned accounts within fifteen (15) days of being requested to do so by the other party or their legal representative. --Page 10 of 19-- AR TICLE IV ALIMONY, ALIMONY PENDENTE LITE (APL)~ SPOUSAL SUPPORT, CHILD SUPPORT AND MAINTENANCE 4.1 The parties herein acknowledge that there exists through the Domestic Relations Section of the Court of Common Pleas of Cumberland County, Pennsylvania, a support Order obligating Husband to pay the sum of FIVE HUNDRED SIXTY-ONE AND XX/1 O0 ($561.00) DOLLARS in child support to Wife. Said account is docketed in the Domestic Relations Section of the Court of Common Pleas of Cumberland County, Pennsylvania, Docket Number 000074 S 2003 and PACSES Case Number 264105203. Within fifteen (15) days of the execution of the within Agreement by both parties, Wife shall notify the Domestic Relations Office that the current child support order shall be modified by reducing the sum ordered from its current amount to the sum of FOUR HUNDRED THIRTEEN AND XX/I O0 ($413.00) DG'LLARS, per month on support and TWENTY-TWO AND XX/I O0 ($22.00) DOLLARS per month on arrears. In addition, the parties shall direct the Domestic Relations Office, through their joint agreement, to establish the arrears due and owing to Wife from Husband on said account at ONE THOUSAND SIX HUNDRED EIGHTY-SEVEN AND XX/IO0 ($1,687.00) DOLLARS effective April 25, 2003, with consideration being given to any payments made on the aforementioned support Order since that time. All other provisions of the Court's Order of June 10, 2003 shall remain in full force and effect. 4.2 The parties acknowledge that they have each secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance and support in the station of life to which they are accustom. Husband and Wife do --Page I 1 of 19-- hereby waive, release and give up any rights they may respectfully have against the other for alimony, support or maintenance except as provided hereinbefore. More specifically, Husband shall and hereby does withdraw his request for alimony, alimony pendent elite, counsel fees and expenses previously filed in the parties divorce proceedings docketed at No. 02-5853 Civil Term, with prejudice. 4.3 Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal pursuant to Chapter 37 of the Domestic Relations Code. ARTICLE V DEBTS OF THE PARTIES 5.1 Each party shall be solely and exclusively obligated to maintain repayment on any debts that exist in their individual name. Each party shall indemnifi.~ the other and hold them harmless from any and all demands for payment or collection activities of any nature whatsoever relative to any debts in their parties' individual names. In addition, however, Wife shall retain sole and exclusive responsibility for the repayment of the Orrstown MasterCard, Chase VISA card, Circuit City debt, HRS debt, and Wells Fargo personal loan. Wife shall maintain payment on these accounts in current status or see that they are paid in full pursuant to the terms of the credit card or personal loan contract. Wife shall indemnify Husband and hold him harmless from and against any all demands for payment or collection activity of any nature whatsoever relative to the aforesaid debt. Husband acknowledges that he has not incurred any additional on any of the above referenced encumbrances from the date of separation to the date of execution this Agreement and shall not --Page 12 of 19-- create any additional debts in Wife's name on these encumbrances or through any other means from the date of this Agreement forward. Except as hereinbefore set forth, the parties are not aware of any additional debt that they have assumed, which in anyway creates an encumbrance or liability on party of the other party. Further, to each party's knowledge there am no major outstanding obligations other than those set forth herein. Since the separation, neither party has contracted for any debts for which the other party will be responsible, and each party indemnifies the other and holds harmless the other for all obligations separately incurred under this Agreement. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, being Bradley L. Griffie, Esquire, for Wife and Lee E. Oesterling, Esquire for Husband. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights and obligation or otherwise understand those legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. --Page 13 of 19-- 6.2 Mutual Release. Husband and Wife each do hereby ~nutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family 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 of a surviving spouse to participate in a deceased spouse's estate, whether arising trader the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any fights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not 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 thereof. --Page 14 of 19-- 6.3 BankruptcF. The parties agree that any and all financial obligations assumed herein shall not be subject to discharge through bankruptcy proceedings. This includes, but is not limited to, all financial obligations assumed under Paragraph 3.6, 3.8 and 5.1 of this Agreement. In the event either party attempts to avoid financial obligations described herein through bankruptcy proceedings the other party shall have an independent claim against the party claiming bankruptcy for any and all sums that the other party assumes or is required to pay due to the actions of the party claiming bankruptcy. Further, all rights available to the other party provided for in Paragraph 6.14 hereinafter shall be available to the party not filing bankruptcy. 6.4 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the: obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. --Page 15 of 19-- 6.5 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.6 Husband and Wife covenant shall forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry full), and effectively the terms of this Agreement. 6.7 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.8 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.9 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.10 Severability. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, --Page 16 of 19-- condition, clause or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.11 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated hy the Divorce Code of the Commonwealth of Pennsylvania. 6.12 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.13 En£orceabilit~ and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each o17 the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either --Page 17 of 19-- party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching 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 including equitable enforcement of this Agreement. iN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: ee E. Oester~re DATE DATE D. FRENCH --Page 18 of 19-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF //]~z*~--~ t~_r~ ~ On this //~ day of ~ff~.~. , :!003, before me, the undersigned officer, personally appeared .,INN/). FRENCH, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public d NOTARI~ SEAL ROBIN j. GOSHORN, NOTARY PUBU~ CARLISLE BORO., CUMBEIU.ANB COUNTY MY C~U-~!~-~ION~EXPIRES APRIL 17, ~o? · COMMONWEALTH OF PENNSYLVANIA COUNTY OF 6'O~'~'/,o/q,6 On this qr~ day of ~z g , 2003, before me, the ~dersigned officer, personally appeared JOHN D. F~NCH, ~own to me (or satisfacto~ proven) to be the person whose name is subscribed to the within A~eement and ac~owledged that he executed the same for the pu~ose therein contained. ~ WI~ESS ~E~OF, I here~to set my h~d and official seal. ANN D. FRENCH, JOHN D. FRENCH, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-5853 CIVIL TERM : 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: Irretrievable breakdown under §3301(c) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by certified mail, restricted delivery on December 13, 2002. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by {3301 (c) of the Divorce Code: by Plaintiff: September 4, 2003 by Defendant: August 27, 2003 (b) (I) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: September 8, 2003 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: September 15, 2003 /" B.~fF!A~E'~ quire '.- .~- ~'ISFI~&,A~ O C IATE S Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of PENNA. Plaintiff Defendant NO. 02--5853 CIVIL TERM AND NOW, DECREED THAT DECREE IN DIVORCE Ann D. French , PLAINTIFF, AND ,John n_ French ,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 The parties' Separation and Property Settlement Agreement dated July 11, 2003~ is incorporated herein~ but not mer~.d~] / / / BY THE Co)Jrt: ATTEST: //~~~PROTHONOTARi'