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HomeMy WebLinkAbout02-6072 BECKY S. ESHLEMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 0:2 - IoC7:J.... C~(J~L~~ FREDERICK M. ESHLEMAN, JR., Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be 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. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013 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 Dated: laj \q/M :c~~~~ / andra L. Mei ton Attorney I.D. No. 32551 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF BECKY S. ESHLEMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. O~ - (.C)7~ Gt~~l TE..fUY\ FREDERICK M. ESHLEMAN, JR., Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Becky S. Eshleman, an adult individual who is sui juris and resides at 5 Albert Lane, Apt. 13, Dillsburg, PA 17019. 2. Defendant is Frederick M. Eshleman, Jr., an adult individual who is sui juris and resides at 307 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. The present whereabouts of the Defendant, Frederick M. Eshleman, Jr., to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 16, 1993 in Dillsburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; and B. For such further relief as the Court may determine equitable and just. TUCKER ARENS BERG & SWARTZ By,/4~e!'~ P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Attorney for Plaintiff Verification I verify that the statements made in this Complaint 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. ~,~ ~ ~~~ eclCy Eshleman - --, Dated: \;)\ 14/6d- 54695.1 70(::)ig. ~ ~ :0 ........ w 0 W Pv ~ ~ v V ~ vl V p=. ~ ~ - . <. '_J --) -, \.',' --, , l=--' Q HtOS. 117 REv. -..0 ~0f'1'ENHS't\."""'" lJEPIIJI1lIEIIf Of' HEAIll< VITAL RECORDS RECORD OF DIVORCE OR ANNULMENT Iik (CHECK ONE) 0 ST1.TE F1l.E NIJt.lBER COUlm' cumberland ST1.TE FIlE 01.TE 1. N,l,ME (FIm) Frederick M. Eshleman, Jr. HUSBAND (Middle) 2. 01.TE (/donth) (00)'1 B~TH 03-11-61 4 ~penns~1.~Jw~Ir)j BIRTH 7. USU1.l. OCCUflloTlON (losQ 3. RESIDENCE SIiVoI or R.D. QIty, 8<ltq. or li4t>- Cocm/y 1 d SIN, 307 E Marble Street, Mechanlcsnurg, Cumner an ~fi 5. NUMBER OF THIS IMRRI1.GE one 6. AACE WHITE ~ BlACK o ~THER (SpecIfy) o wlI=e Excavator 8. WJOEN NMlE Esfireman (Middle) (lost) 9. 01.TE (/donUt) (00)'1 Myers, Becky S. OF 01-18-56 BIRTH 10. RESI~ SliNI orff Dill~~g~'York, ~ Slot. 11. PlACE penn~<amCi)j 5 A ert Lane, 3 , OF BIRTH 12. NUMBER 6. IW)E 14. USU1.l. ocCuflloTlON OF THIS WHITE BlACK OTHER (SpecIfy) IMRRI1.GE one XE9 0 0 Typesetter 15. PlACE OF (County) (S1sI. or FonI/gn CounIr)1 16. 01.TE OF Uf"f'J.. 6 / 9 fO)'l THIS York, Pennsylvania THIS IMRRI1.GE IMRRL'.GE 17.... NUMBER OF 178. NUMBER OF DEPENDENT Ie. PlAlIffiFf 19. DECREE GAANTEllIO CHIlDREN THIS CHIlDREN UNDER Ie HUSBAND WIFE OTHER (SpecIfy) HUS!l1.NO WIFE OTHER (SpecIfy) MAARl.'.GEtwo two 0 OOC 0 0 X~ 0 20. NUMBER OF HUS01.NO WIFE sPur CUSTOOY OTHER (Spoclfy! 121. LEQ.4.1. GROUNOS FOR CHIlDREN 10 0 B 0 Ma>~trNU~rg irretrievably CUSTOOY OF h---'::-':-_- 22- 01.TE OF DECREE (Month) (01,)'1 (Y..1j I 23. 01.TE REPORT GEm' (Month) (00)'1 10 V1T1.l. RECORDS 24. SIGN1.TURE OF T1V.NSCRIBING CLERK BECKY S. ESHLEMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. : NO, 02-6072 CIVIL TERM FREDERICK M. ESHLEMAN, JR., Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF DAUPHIN ) AND NOW, this 21st day of January, 2003, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Shaun M. Kovach, legal secretary to Sandra L. Meilton, who being duly sworn according to law, deposes and says that on January 3, 2003, she mailed a certified copy of a Complaint in Divorce to Frederick M. Eshleman, Jr., by certified mail no. 70993400001636237792, restricted delivery return receipt requested, and the same was received on January 6,2003 by him, as indicated by the return receipt card which is attached hereto. \~11\(])_V'f\ m-~6~1l- Shaun M. Kovach Sworn to and subscribed before me this 21 st day of January, 2003. \_~~~ (SEAl ,:'~~ll~~~~~~~~~s~;;f0\~Y;;',' ,\ ',.[".:", . . ; ".:..--.1 U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mall Only; No Insurance Coverage ProVided) ru 0- l"- I"- /T1 ru ...J] /T1 Postage $ c(Pb ~,30 1" :s 3. C)O $<6../ 5 Certified Fee ...J] Return Receipt Fee r'1 (Endorsement Required) d CJ Restricted Delivery Fee (Endorsement Required) CJ CJ .::t'" /T1 Total Postage & Fees 0- 0- CJ I"- o Agent Addressee nt from item 1? Yes 'YNo ',[ '.DI::R. COMPLETE THIS Sf :;T/ON . 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 mail piece, or on the front if space permits. 1. Article Addressed to: Mr. Frederick M. Eshleman, 307 East Marble Street Mechanicsburg, PA 17055 3. Servl DDXertified Mail 0 Express Mail o Registered lK:Jleturn Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ~es 2. Articl~ Number (Copy from service labeQ 70~9 3400 0016 3623 PS Fo 3811, July 1999 I 7792 Domestic Return Receipt 102595-99-M-1789 c.. (:) ~ w,'. ""-r c... !lB :1:" 2: ~~ r,) ", r. KO . ~2 ...... t, ~ .1- L. v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO, 02-6072 CIVIL TERM : IN DIVORCE BECKY S. ESHLEMAN, Plaintiff FREDERICK M. ESHLEMAN, JR., Defendant PRAECIPE PROTHONOTARY: Please withdraw the appearance of Sandra L. Meilton, Esquire, as counsel for the Plaintiff in the above matter. Dated: J /;S/r;V . / ( , ~iU-c1'.1Jt!//h< ~ """Sandra L. Meilton (No. 32551) TUCKER ARENSBERG, P.C. 111 N. Front Street, P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Please enter the appearance of Bradley A. Winnick, Esquire, as counsel for the Plaintiff in the above matter. Dated: I laa 10 1 g rJfv!Y Bradl y IA. Winnick Wiley, enox, Colgan & Marzzacco 130 W. Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 65376.1 "', c=- C':) _C" o -n :-'.1 _1_-n fl1r= -pr:"1 :uQ ::;~{:) "-r-', ~;~~.~ -,-~~ ri"l ~_..' ., '- :1:,-" ""';:- '" f'0 -::'.1 L'''' ~-,. N "' -< _J O~- 1007;)... Cu~L~'ifl.. ~TALSETTLEMENTAGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this 13 t~ day of J..'l"..,..../ , 200(by and between BECKY S. ESHLEMAN, of Dills burg, York County, I Pennsylvania (hereinafter referred to as "WIFE") and FREDERICK M, ESHLEMAN, JR., of Mechanicsburg, Cumberland County, Pennsylvania (hereinafi:er referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on July 16, 1993, in Dillsburg, Pennsylvania; WHEREAS, HUSBAND and WIFE are the parents of the following children: Frederick M. Eshleman, ill., born on November 17, 1992; and Riley D. Eshleman, born on February 2, 1994; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, 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 in relation to the ownership and equitabk distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, inconsideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, 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: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though 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 cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peacefuJ existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301 (c) ofthe Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and agree to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties here,by consents and agrees that this Agreement and all of its covenants shall not be affected in any way by 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. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon whkh it is executed by the parties ifthey have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defmed as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATES: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" dates which shall be specifically prescribed within this Agreement, including spousal support and/or alimony payments. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, 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 wheresOtlVer situated, which he or she now has or at any time hereafter may have against the other, the estatle of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy 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 a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's I~state, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations 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 provisions thereof. It is the intention of HUSBAND and WIFE to give 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. It is further agreed that this Agreement shall be and constitute a full and fmal resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8, REPRESENTATION BY COUNSEL: WIFE has been represented by Bradley A. Winnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C" and WIFE acknowledges that she has signed this Agreement freely and voluntarily after full consultation with her counsel. HUSBAND has been represented by Gary E. French, Esquire, of Keefer Wood Allen & Rahal, LLP, and HUSBAND acknowledges that he has signed this Agreement freely and voluntarily after full consultation with his counsel. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: 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 p arty may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnifY and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10., WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnifY and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. It is specifically acknowledged herein that WIFE shall retain possession of her jewelry, which was appraised at $25,075.00, and that HUSBAND shall retain possession of his guns and coin collection. However, it is acknowledged by the parties that WIFE has personal property and personal belongings still located in the former marital residence to which she is entitled. The parties have identified these items to their mutual satisfaction, and, within thirty (30) days of the effective date of this Agreement, WIFE shall be allowed to retrieve the property and belongings in question. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sol,~ and separate property of the other from the date of execution hereof. 12. DIVISION OF MARITAL RESIDENCE: The parties jointly own the marital residence situate at 307 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania. HUSBAND shall retain sole and exclusive ownership and possession of said residence, WIFE shall execute a deed, prepared by counsel for HUSBAND, transferring all her right, title and interest in the marital residence to HUSBAND. It is acknowledged that the house is encumbered by a primary mortgage with M & T Mortgage Corporation in the names of both HUSBAND and WIFE. HUSBAND shall assume sole responsibility for the payment ofthis debt, and shall indemnify and hold WIFE harmless against any liability resulting from his failure to make payments thereupon, Should this account become delinquent by more than thirty (30) days, WIFE shall be entitled to demand that the property be listed for sale with a Realtor of her choosing and that it be sold for a reasonable price. A reasonable price shall be one that constitutes ninety percent (90%) ofthe fair market value of the property at the time. It is also acknowledged that the property is encumbered by a second mortgage in the form of a line of credit with Homecomings Financial. HUSBAND shall assume sole responsibility for the payment ofthis debt. While WIFE recognizes that the marital residence is currently encumbered in an amount in excess of its fair market value, thereby precluding HUSBAND from refinancing the primary mortgage in his sole name, it is agreed that HUSBAND shall make all reasonable efforts to do so. HUSBAND shall continue to attempt to refinance so to remove WIFE from liability on the primary mortgage as the property appreciates and he is able to make payments on the mortgages. It is agreed that after the passage of three (3) years, in the event that the fair market value comes to exceed the amount of the encumbrances thereupon, but HUSBAND is still unable to refinance due to other factors, including his inability to secure credit, WIFE shall be entitled to demand that the property be sold pursuant to the same terms prescribed above. It is also agreed that HUSBAND shall not cause the marital residence to be encumbered further until such time as WIFE is removed from liability on the existing mortgages pursuant to the terms of this Agreement. 13, REAL ESTATE: The parties are the owners oftwo (2) lots in Polk County, Florida, which shall become the sole and exclusive property of HUSBAND. WIFE hereby waives any right, claim or interest she has in said lots. Mark-Crete, Inc. is the owner of a property located in White Rock, Pennsylvania. Consistent with the provisions of Paragraph 17 of this Agreement, WIFE hereby relinquishes any and all right, claim or interest to this property. The parties are also the owners of a property in Lewisberry, Pennsylvania, which has been the subject of an installment sales contract. WIFE specifically waives any and all right, claim or interest in said property, including her right to any money received in the past or future under the terms of the installment sales contract. Upon the request of HUSBAND, WIFE shall execute deeds, prepared by counsel for HUSBAND, to any of the properties referenced herein in order to give full force and effect to the provisions ofthis paragraph. 14. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they do not possess any bank accounts or the like in both of their names. They hereby agree that each shall become sole owner oftheir respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 15. MOTOR VEHICLES: It is agreed that WIFE shall become the sole and exclusive owner of the 2002 Monte Carlo currently owned by Mark-Crete, Inc. Title to this vehicle shall be signed over to WIFE. In the event that this transaction betwee:n Mark-Crete, Inc, and WIFE causes sales tax to be incurred, it is agreed that said tax will be paid by HUSBAND. 16. AFTER-ACOUlRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all pUlposes as though he or she were unmarried. 17. BUSINESSES: WIFE hereby waives any and all right, claim or interest she may have to the business known as Mark-Crete, Inc., except as may otherwise be provided for herein, WIFE acknowledges that the parties have agreed on a value of said business and that the terms of this Agreement constitute a full and fair settlement of her claims to the marital value thereof WIFE also waives her legal and equitable interests in the business known as F.M. Eshleman and Sons, Inc. It is acknowledged that WIFE is a thirty percent (30%) owner of said business. WIFE shall execute any and all documents necessary to transfer her entire interest in F.M. Eshleman and Sons, Inc. to HUSBAND or to any assignees selected or designated by HUSBAND. Upon the effective date of this Agreement, WIFE hereby relinquishes all claim to the businesses referenced herein, including financial claims to any property held by those businesses, as well as claims to exercise any management interests. It is also agreed that WIFE shall be fully indemnified by HUSBAND against any liability resulting from the operation of either business. 18. LIFE INSURANCE: Each party shall retain sole ownership of any life insurance policy they may have acquired in their individual name and shall make any beneficiary designation they deem appropriate. It is acknowledged that WIFE previously received $1,703.00 and HUSBAND previously received $8,020.00 in cash from policies owned by Mark-Crete, Inc. The cash value of any other life insurance policies owned by Mark -Crete Inc. shall remain the property of that business. HUSBAND also agrees to maintain a life insurance policy on himself for which WIFE is the beneficiary in the amount of$lOO,OOO.OO. Said policy shall continue to be maintained until such time as both of the party's children have attained majority or completed their high school educations, whichever occurs later. 19. CASH SETTLEMENT: In consideration ofh.'rinterest in the entirety of the marital estate, as has been fully disclosed between the parties and their respective counsel, it is agreed that WIFE shall receive the following cash payments from HUSBAND on the following dates: a) Effective date of this Agreement - $22,500.00 b) December 1, 2005 - $22,500.00 These payments shall constitute payments in consideration of WIFE's interest in the marital property comprising the marital estate, and shall not constitute income to WIFE. 20. INCOME TAX: HUSBAND and WIFE agree to file separate tax returns beginning with the tax year 2004. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnifY and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 21. APPLICABILITY OF T AX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign /llld cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 22. CUSTODY: The parties shall share legal custody of their minor children. It is acknowledged that HUSBAND currently has primary physi,;a1 custody and that WIFE has partial physical custody by the mutual agreement of the parties. It is agreed that WIFE shall continue to enjoy liberal periods of custody and that reasonable requests for custody shall not be unreasonably withheld by HUSBAND. 23, CHILD SUPPORT: The parties acknowledge that HUSBAND has been paying child and spousal support to WlFE pursuant to an Order of Court of the Cumberland County Court of Common Pleas, docketed to 483 S 2000. It is agreed that immediately following the execution of this Agreement, WlFE shall cause said Order to be vacated effective that execution date. HUSBAND shall continue to pay any arrears which may have accumulated through and including the date of termination of the Order. It is further acknowledged by HUSBAND and WIFE that the alimony provisions of this Agreement have been determined in contemplation of the child c:ustodyprovisions prescribed herein. Therefore, it is agreed that HUSBAND shall not at any time seek child support from WIFE. HUSBAND acknowledges and agrees that this paragraph, together with Paragraph 24 of this Agreement, constitutes satisfactory and sufficient financial support for the children including, but not limited to, food, clothing, shelter and all other factors considered by the Pennsylvania Child Support Guidelines. HUSBAND shall continue to provide health insufat1,;e for the children and shall be solely responsible for the payment of any and all premiums associated with that coverage. Furthermore, HUSBAND shall be solely responsible for payment of the first $250.00 per year, per child, in unreimbursed medical expenses. After HUSBAND has paid the first $250.00 per year, per child, unreimbursed medical expenses shall be divided between the parties with HUSBAND paying 74% and WIFE paying 26%. In the event that HUSBAND does seek child support and WIFE is directed by a court to pay child support to HUSBAND, the alimony payable to WIFE under the terms of this Agreement shall be increased by $1.00 for each dollar of child support awarded to HUSBAND. It is further agreed that WIFE will not seek child support for as long as the child custody provisions of this Agreement remain in effect. In the event that the child custody provisions prescribed herein are altered for any reason, which may include HUSBAND's health, so that WIFE assumes primary physical custody of the children, then WIFE shall be entitled to seek lawful child support from HUSBAND, but the alimony provisions set forth in Paragraph 24 hereof shall likewise be modified as provided in that Paragraph. In the event that WIFE is awarded child support pursuant to an Order of Court after all alimony provisions of this Agreement have been satisfied, it is agreed that HUSBAND shall be entitled to a credit of $340.91 per month for each month of child support he is directed to pay. 24. ALIMONY: Commencing on December 1, ,2004, and ending on November 1, 2006, HUSBAND shall pay WIFE $1,050.00 per month as alimony, Said alimony payments shall be payable directly to WIFE on the first day of each month. Additionally, HUSBAND shall pay WIFE alimony in the lump sum of $11,250.00 on December 1,2006, and an additional lump sum of$II,250.00onJanuary2, 2007. The parties agree that these lump sum payments constitute alimony and not equitable distribution, and that they are being paid as a lump sum at HUSBAND's request in order to decrease the term of his alimony obligation. In the event that WIFE gains primary physical custody of the children and HUSBAND is directed to pay child support to WIFE, the monthly alimony payable to WIFE under the terms of this Agreement shall be reduced by one dollar for each dollar of child support awarded to WIFE, provided, however, that in no event shall the monthly alimony payable to WIFE be reduced to less than $493.00 per month through November 1, 2006. Additionally, in the event that WIFE is receiving child support pursuant to an Order of Court at the times that the lump sum alimony payments are due on December 1,2006, and January 2,2007, then each payment shall be reduced to $5,000.00. The alimony provided for herein shall be non-modifiable, except as expressly provided herein. All alimony payments shall be includable to WlFE as income and deductible to HUSBAND as income for purposes of taxation in the years that payments are made. Alimony shall terminate upon WIFE's cohabitation as that term is defined in the Pennsylvania Divorce Code. It is agreed that HUSBAND shall pay alimony directly to WlFE. However, should HUSBAND miss a monthly payment to WlFE or make a payment more than thirty (30) days late under the terms of this Agreement, it is agreed that an Order for alimony will be entered with the Cumberland County Court of Common Pleas and enforced through the Domestic Relati.ons Section of that Court. 25. MARITAL DEBT: Each party shall remain sole and exclusive responsibility for the payment of any and all debt in his or her individual name. The parties specifically represent that they are aware of no outstanding debt in the joint names of both parties. To the extent that any such joint debt may exist, said debt shall be assumed by the party to whom request for payment has been sent up to the effective date ofthis Agreement. The party assuming any such debt shall indemnifY and hold the other party harmless against any liability resulting therefrom. 26. BANKRUPTCY OR REORGANIZATION PROCEEDINGS: In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable, 27. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 28. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 29. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowlffice, widow's allowance, right to talce in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 30. ENTIRE AGREEMENT: This Agreement contains the entire understandingofthe parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 31. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 32. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 33. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, 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. 34. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 35. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution ofthis 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 owned by the othf:r 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 or her counsel prior to the date of the within Agreement is lexpressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland 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. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 36. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature, 37. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 38. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year fIrst above written. -wv OJ( WI~ A~ \ ~ 4,J.ar.~ ~EAL) BECKY S. HLEMAN ~#-- (SEAL) FREDERICK M, ESHLEMAN, JR. COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF ~ On this, ~ t!.L day of .?#~ , ~ before me a Notary Public, personally appeared Becky S. Eshleman, kno n to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that she exei;uted the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~=,.~~ '6~ My ~@Illffllll!l Ibplr.. May 1 . 2Oll5 Memllllf,I'enneylvanl.AssOCIatlonOfNotarieS COMMONWEALTH OF PENNSYLVANIA : SS. COUNTYOF CLiV\\.loel(,l~ On this, theW day of Det':F.W ~t'l, 2004, before me a Notary Public, personally appeared Frederick M. Eshleman, Jr., known to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that h,: executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand ad official seal. ~.-.&" Notary Public NOTARIAL SEAL Betty A. Arnold. Notary Public MllChanicsburg. Cumberland County My Commission Expires Mar. 9, 2006 n ~ C,?, (;,J' CJ ""'i ~ <- ;-'.1 ,---- (' j .-,~~ <-.~ c;...;.:' BECKY S. ESHLEMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 02-6072 Civil Term FREDERICK M, ESHLEMAN, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under 93301(c) of the Divorce Code was filed on December 20, 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 this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. ) 1/3/B5" Date ~~ 6 rt~ ?n Becky S, leman Plaintiff C? (~- ~_. ,~ - ~--"~ d:, "-.' BECKY S, ESHLEMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02-6072 Civil Term FREDERICK M, ESHLEMAN, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that [may lose rights concerning alimony, division of property, lawyer's fees, or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S, S4904 relating to unsworn falsification to authorities. 1//0% A_,~,~.~ ~E leman Plaintiff Date (--~ ',:~ c--' .- - Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA BECKY S. ESHLEMAN, vs. : No. 02-6072 Civil Term FREDERICK M. ESHLEMAN, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENI 1. A complaint in Divorce under ~3301(c) of the Divorce Code was filed on December 20,2002.. 2. The marriage ofPlaintitr and Defendant is irretrievajbly broken and ninety (90) days have elapsed from the date offiling 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 this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 181'a. C.S. ~4904 relating to unsworn falsification to authorities. e. ~{ ~ 0_"" Date ;~~" Defendant r-' t::~/ ..;:.:::' .;:I' -.'\ f"l cP \ c",J --0 :;<C '-~) co {...~> Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA BECKY S. ESHLEMAN, V5. : No. 02-6072 Civil Term FREDERICK M. ESHLEMAN, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301((\ OF THE DIVOR.CE 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. division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this affidavit are true lllld correct, I understand that false statements made herein are subject to the penalties of 18 Pa C.S. ~4904 relating to unswom falsification to authorities. c ~/-O S Date - ~~ Freden~ . Eshleman, Jr. Defendant CJ -'n ...,., on CR) I 0" (f: o 0) BECKY S. ESHLEMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLANI> COUNTY. PENNSYLVANIA vs. : No, 02-6072 Civil Term FREDERICK M. ESHLEMAN, JR.. 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. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Januarv 6. 2003 via certified mail. return receipt requested. restricted delivery. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff:Januarv 13. 2005; By Defendant: Februarv 1, 2005. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: 4. Related claims pending: AIl related claims were resolved bv a Marital Settlement Aereement dated Januarv 13,2005. Said Marital Settlement A~reemenll was filed with the Court on Januarv 18. 2005. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice ofIntention to File Praecipe to Transmit Record, a copy of which is attached: Date: (b) Plaintiff's Waiver of Notice in Section 3301(1;) Divorce wasfiled on January 18, 2005 with the Prothonotary; Defendant's Waiver of Notice in Section 3301(c) Divorce was filed on February 3, 2005 with the Prothonotary. ~ II ..., /06 By: Winnick, Esquire or Plaintiff (- '-~ ., .....;'.: ~:::\ - ,I t, ")\ ~ ,",,' .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . .. .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . .. .. . .. . . . . '. . ,.; "'''':+;'''''' :t' 'l;:t <4':+::t c+: '" . . . . . . . . . . . . . . . . . . . . . . . . .. .. :f.;f.:f.:+' :+.:f.:+.;+:;Ii '" Of.:+. '" +' +; 'f. "Ii '" Of. '" '+i;f. .. . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA, BECKY S. ESHLEMAN, PLAINTIFF No. 02-6072 CIVIL TERM VERSUS FREDERICK M. ESHLEMAN, JR., DEFENDANT AND NOW, DECREE IN DIVORCE c:;r /: J l,.J.1. ~~4-, ~, IT IS ORDERED AND BECKY S. ESHLEMAN , PLAINTIFF, DECREED THAT FREDERICK M. ESHLEMAN, JR. , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; THE TERMS AND PROVISIONS OF THE MARITAL SETTLEMENT AGREEMENT SIGNED BY THE PARTIES AND DATED JANUARY 13, 2005 ARE HEREBY INCORPORATED BUT NOT MERGED IN THE DECREE REMAIN BINDIN THE PARTIES. AmOd ~ 4f. C.-- PROTHONOTARY . . ++;~"'''''''''''''''''''''''''+'''+''''''''''''''' +"'+"'''''''+''''''''''''+'''+''''''+'''++~ "'''''''It' 'I' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ &- ~~ ~5'JH ~iP~~44rrP ;elf " ...''', , ", .', . , - BECKY S. ESHLEMAN, Petitioner I Plaintiff * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA * vs. * * * NO. 02-6072 * FREDERICK M. ESHLEMAN, JR. * Respondent I Defendant * CIVIL ACTION - LAW IN DIVORCE PETITION FOR ENFORCEMENT OF ~TALSETTLEMENTAGREEMENT AND NOW, comes BECKY S. ESHLEMAN, by and through her attorney, Angelica L. Revelant, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Petition for Enforcement of Marital Settlement Agreement, and in support thereof, avers as follows: 1. Petitioner / Plaintiff is Becky S. Eshleman (hereinafter referred to as "Wife"), who currently resides at 1077 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent / Defendant is Frederick M. Eshleman, Jr. (hereinafter referred to as "Husband"), who currently resides at 307 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. On December 20,2002, Wife filed a Complaint in Divorce under Section 3301(c) of the Divorce Code. 4. On January 13, 2005, the parties entered and executed a Marital Settlement Agreement, which was filed with the Court on January 18, 2005. A copy of the Marital Settlement Agreement is marked Exhibit "A", attached hereto and incorporated by reference herein. 5. Per the terms of Paragraph Twenty-Four (24) of the Marital Settlement Agreement, Husband was to. pay Wife alimony in the amount of$1,050.00 per month from .. ., December 1,2004 through November 1,2006. Additionally, Paragraph 24 states "HUSBAND shall pay to WIFE alimony in the lump sum of$11,250.00 on December 1,2006, and an additional lump sum of$II,250.00 on January 2,2007." 6. Husband made the monthly alimony payments through November 1, 2006. 7. Husband also paid to Wife approximately $2,500.00 in December 2006. 8. Wife has not received further payments to date from Husband and Wife is due approximately $20,000.00. 9. The undersigned forwarded a letter dated January 19,2007 to Husband, with a courtesy copy to his attorney of record, Gary French, Esquire, providing an extension until February 20, 2007 to make payment in full. A copy of said correspondence is attached hereto, incorporated herein and marked as Exhibit "B." 10. Wife, through conversations directly with Husband, was informed that Husband is expecting a substantial check on a contract through his business, and would pay her upon receipt of that check, which was expected February 28,2007. 11. Wife provided Husband an additional extension until March 9, 2007 to make payment in full, on his representations that he would pay her upon receipt of the check to the business. 12. Wife has not received payments to date and does not believe that any payments are forthcoming. 13. Wife has provided Husband ample opportunity to make payments as required by the Marital Settlement Agreement dated January 13,2005. 14. Husband has failed to abide by his obligations under the Marital Settlement Agreement. 15. Due to Husband's failure to abide by the terms of the Agreement, Wife was required to obtain an attorney and expend legal fees for enforcement of the Agreement. 16. Though Paragraph 24 of the Agreement provides that an Order for alimony may be entered and enforced through the Domestic Relations Section, it is the undersigned's understanding that Domestic Relations will only order alimony payable through Domestic Relations and garnish wages with an Order from the Court. 17. Per Paragraph 28 of the Agreement: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 18. Section 3502(e) of the Divorce Code reads, in pertinent part: If, at any time, a party has failed to comply with an order of equitable distribution, as provided for in this chapter or with the terms of an agreement as entered into between the parties, after hearing, the court may, in addition to any other remedy available under this part, in order to effect compliance with its order: (1) enter judgment; . . . (3) award interest on unpaid installments; . . . (6) issue attachment proceedings, directed to the sheriff or other proper officer of the county, directing that the person named as having failed to comply with the court order be brought before the court, at such time as the court may direct. If the court finds, after hearing, that the person willfully failed to comply with the court order, it may deem the person in civil contempt of court and, in its discretion, make an appropriate order, including, but not limited to, commitment of the person to the county jail for a period not to exceed six months; (7) award counsel fees and costs; (9) find the party in contempt. WHEREFORE, Wife respectfully requests This Honorable Court to direct as follows: A. Husband shall pay to Wife the amount of $20,000.00 plus interest from December 1,2006, due and owing within ten (10) days of the date of this Order; In the alternative, an Order shall be entered payable through Domestic Relations for $20,000.00 plus interest and Husband's wages garnished; B. Husband shall pay to Wife's counsel the amount of reasonable counsel fees and expenses incurred in connection with the filing, preparation, and disposition of the instant Petition; and C. Any other equitable relief the Court deems appropriate. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. Dated: 1/:)-:>-/07 I . ~ 130 West Church Street Dillsburg, P A 17019 (717) 432-9666 LD. # 202759 BECKY S. ESHLEMAN, Petitioner / Plaintiff * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA * * vs. * NO. 02-6072 * * FREDERICK M. ESHLEMAN, JR. * Respondent / Defendant * CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, Becky S. Eshleman, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: 3~1 0-1- fco7;l C~~L~ ~TALSETTLEMENTAGREEMENT . ., ,..'..,.. 't~ THIS MARIT AL SETTLE~Nl'. AGJlEEMENT, n1a,d~ this I~ day of . J4'\tJotr..., , 200(byand betWeenBECKYS.ESHLEMtrn, of Dills burg, York County;' I . . .. . . ..:. -. :'. " ,,'. ,'.', '."~ . Pennsylvania (hereinafter referred to. as "WIFE") artdFREDERICK M. ESHLE~, .m., of:: .. . . '. '. . .,,' " , " " . '. . .' -- ,:d ( --J Mechanicsburg, Cumberland County, Peprisylvania (h~rein~fter~eferredto. .as. "HUSBAND:~: - (--'." . " . '.WITNESSETH: . . c:; WHEREAS, the parties were marriedon July 1_6, 1993"inDillsb~g"Pennsylyania;: . . . (~~ . '. " " . . ," w WHEREAS, HUSBAND and WIFE' are the parents o.fth~ rOllowingchildren: Frederick M. . . Eshleman, ill., born on Novem?er 17, 1992; and-Riley D.Eshleinari~ bo.mon February 2, 1994; · .. . - . .' . . . '. .. , WHEREAS, diverse~unhappr, diff~rences,disputes and ~iffic'-dties have arisen between the parties and it is the intention of,VfIFE and HlJSBANDto. li"e, separate and apart, and the parties hereto. are desiro.us o.f settling fully and fma,lly theirrespe(;t~v~ :[m:an.cIal. :~d pro.perty rights and .. .' obligations as between each other, including, without iimit~tio~ by specification: the settling of all . . . . "'. . . '. '. '. ": '. matters between them in ~elationio'. th~, o.Wner~hip an~equitabl:e: distribll~iO~ o{real and personal . property; settling of all matters between them rehiting to. the past, p~esent and. future support, alimony . .': ," . -" " , and/or maintenance o.fWIFE by HUSBAND or ofHUS;SANDby~E; settling of custody matters . . . . . " and in general, the settlingof any ~d:all claims and possible 9lainls'bY eitherpatiy against the estate of the other party. . :" .' '.' ..' . . . '. . . ..... .' . . ' . - . . . . . . . . . ' NOW, THEREFORE, i n c..onsider,ati.?n of.the._p~~~~s.es:, ~d of the mutual promises, . . . .' . co.venants and undertakings here~after set forth and for o.~er: g~?d. m.d valu~ble consideration, . . receipt o.fwhich is hereby ackno.wled~ed by eachofthe'p~~eshe.reto, HU~BAND and WIFE, each '. . -', . intending to be legally bound hereby covenant and agree asfollo.ws: ' 1. INTERFEREN CE: Each party shall be free fro~interfererice, authority, and contact ~ EXHIBIT i A by the other, as fully as though he or she were single and unmarried, except as may be necessary to . . . '. . - . carry out the provisions of.this Agre~ment. 'Neither party shall moh~st.the other or attempt to .' . . . . , . endeavor to molest the other, nor compel the other to cohabitate 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. . "., 2. AGREEMENT NOTA BAR TO'DIVORCE PROCEEDINGS: This Agreement. shall not affect or bar the right of HUS:sAND or WIFE to a 4i.vorce on lawful grounds or to any . defense as may be available to eithetpariy. This Agreement is n~t intended to condone and shall not . '. - . . ..... . be deemed to be a condonation on the part of either party hereto of any actor acts on the part of the other party which have occasioned the disputes or unhappy differences.. .' .' . . , . ". . . , ., . . . ~. . . . . . . . . .' '. '. . .. - - . . 3. SUBSEQUENT DIVORCE: ", The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland. County, Pennsylvania., claiming that. the marriage is . . . ~ " '. ,. -' . , . . . . irretrievably broken under Section 330 l(e) of thePennsylv.ania Divorce Code. The parties hereby. . express their agreement that them~iage is irretrlevablybrolCen and agree to. execute any and aU, Affidavits or other docum~ntsn~essaryf.or th~partiest.oobt~ .'~absollltedivorce pursuant to Section 3301(c) of the Divorce C~~e. .Thep~i:es'~~r~bYWai"e.allr.i~ts to request court ordered counseling under the Divorce Gode~ . It is~rtherspecifically~derstood and a~eedby the parties that the provisions of this Agr~e:meni 'as to equ~table distribution of property ~f the parties' are . - accepted by each party as a full andfjnal settlement for all purPoses whatsoever, as contemplated' by the Pennsylvania Divorce Code~.. ' Should a decree, judgment or .order of divorce ,be obtain~d by either pf the parties in this or any other state, country or jurisdiction~ each of the p~ies .hereby consents and agrees that this Agreement and all of its covenants sha1~ not. be affected ill ~yway by such separation or divorce; . , and that nothing in any such decree, judgment, orderor furtherIIlodificatibn or revision thereof sh~l ' alter, amend or vary any term of tlusAgre.e.ment. Jtis the. specific inten~of the parties to permit this Agreement to survive any ju~gment and to be fo~everbinding andconclusive:upon the parties. . 4. INCORPORATION OF DIVORCE DECREE: It is further.agreed, covenanted., . . and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose oferiforc~g the contractual obligations of the . parties. This agreement shall not be merged in any such decree butshall in all respects survive the same and be forever binding and conclusive upon the parties. . . .' . . 5. EFFECTIVE DATE: The effectiv~date of this Agreementshall be the "date of .. . . '. . . . . . execution" or "execution date," defmed asthe dat~ upon which it is executed by the parties if they . . have each executed this Agreement on the same'. date.. Othehvi;se, the., ':'date of execution" or . "execution date" of this Agree~ent shall bedefmed as the date ofexecutlon by the party:last . executing this Agreement. 6. . . . . - . .". ... . ,. . . . provided for herein, shall only take place on the."distribution"date~w4ich shall be specifically . . . , . . . . - .: . . " . '--, '. '. '. . . '. prescribed within this Agreement, including spousal support and/or aiimony payments. . .-.. '. -": . . '. . . . . '.. . . . . . . . . . . -. . '. . '. . . '.. . . . .. . , . . ' . .. . " 7. MUTUAL RELEi\SE: lflTSB~and ,WIFE' each do hereby mutually remise, . ~ , . . . , release, quit-"claim and forever discharge the other and the estate qf su~h other, for all time to come, . .. . . . . ," - " . , . . . . and for all purposes whatsoever, of and from any and ali rights, title and interest, or claims ill' or . . . . - . . against the property (including income and gain fromproperty,~en~after. accruing) of the other C?r . . . . . against the estate of such other, of whatever nature and wheresoever situated, which he or she now . . . has or at any time hereafter mayhave against the other, the estat~ of su,ch other or 'any part hereo,f, whether arising out of any former acts,conlracts, engagements' orliabilitiesof such other or by way . . . . . - , '. -.".' ". . , . of dower or courtesy, or clciims in the nature of dower or cOllrtesy'of'Yidow's or widower's rights, . . . . . . , . family exemption or similar allOWance, or under ~e~testate laws,. or. the right t? take against the.. spouse's will; or the right to treat a lifeth.ne conveyance by the other as a test~entary,. or all other rights of a surviving spouse topmticipate in a deceased spo~se's '~state,vih~therarising under.the '. laws of (a) Pennsylvania, (b) anyS~ate; Commonwe,alth or territory of the llnited States, or ( c) any . country or any rights which either party may have or at ~y timel1ere8.fter shall have for past, present costs or expenses, whether arising as a result of the marital relations 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 provisions thereof. It is the intention of HUSBAND and WIFE to give 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. It is further a~eed that this .Agreement sltall be ~d c;.onstitute ~ full and fmal . resolution of any and all claiI~lsWhich each of the parties mayha~e'~gainstthe other for equitable division of property, alimony, coUnsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws ofciny other jurisdiction. 8. REPRESENTATION BY COUNSEL: WIFE has been represented by Bradley A. . - . . . Winnick, Esquire, of Wiley, Le~ox,Colgarl & Marz~acco, P .C.,and WlF~acknowledges that she . . c' . . . . .. . has signed this Agreement,'freely . and 'voluntarilY,afte~ full consultation with her couns~l.. . - - . . . . - - " . . .' . HUSBAND has been represented by Gary E.French, Esquire, ?f~eef~r _W oodAll~n & Rahal, LLP, and HUSBAND acknowledges that he has signed this Agreement~~ely and, voluntarily after full ; . consultation with his counsel. .' , - ' The parties acIffiowledge' that this Agr~ement i~ not the res~lt of anyduress, undue influ~nce, . " . . . . '.' - . . . . . . .' . coercion, collusion and/or imp~operor illegalagreement Thepaiti~s further acknowledge that they. . . .. . -' . have each made to the other a full and complet~ _dis(;lo~ure:~f.th~ir 'r~sp4Xtive assets, estate, liabilities, and sources' of income and that. they waive any spec;ific' enumeration thereof for. the purposes of this Agreement.. , 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that '". ' .' . . '. . . . . they have not heretofore incurred or contracted for ally debt or liabilitY or obligation for which the estate of the other p arty may be responsible o~ liableexcepfas may be provided for in this . ". . . . ". . . . .' Agreement. Each party agrees to indemnify,~dholdtheoth~ipartY harm~~ss from and against-any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred. . . . ." , . .. . by them, including those for ~ec~~siti_es, eX:d~ptfor, the .obligation~ .arlsin,g out of this Agreement. ~ 10.. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE 1 .' .' covenant, warrant, represent and agree that, with the 'exception of obligations set forth in this A'greement, neither of them sh~1l1 hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold ~annless the other party from and against any and all debts, charg~s and lia1;>ilities inc':llTed by th~. other after. the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. . . . 11. PERSONAL PROPERTY : Except as otherwise provided herein, the parties have.: . , . . . '. . . .. . . . divided between them, to. their mutual satisfaction; thepersonal' e~ects, household furniture ~d ':' furnishings, and-all other artiCles of personal property which have heretofore been used by them in . . '.. . h" - ': .' . '.' . . . . . . . . . common, and neither party willm8ke any claiITI: to any such items ",hich are now in the possession . . . .' . . . - . . :. . .. . or under the control of the ot}ler. It iss~eci~cally aclmowle~ged herein that WIFE shall ret~ ". . possession of her jewelry,. which was appraised at $25,075.00,iIDd that HUSBAND shall retain' possession of his guns and com collection. . . '. . . . . . .' . . . . '. . .... . However, it is acknowledged ~y the p'~ies tIiatWIF:Rh~ p~rsOnal property and personal . belongings still located in the form~rmaritaJ residence to' w~ch she is entitled. The parties have. . . . . . identified these items to their mutual satisfaction, an~, withirl thirty qo~ days of the effective date .' of this Agreement, WIFE shall be allowed to. ret~eve thepropertYaI1d.belongings in question. . . . . " . ." . ." . " " . ."." By these presents,. ea~h of the parties hereby specifically'waives? releases, renounces and . " ". . forever abandons whatever claims he .or she may have with respect t.o' any personal property which is in the possession of the other,.and which shall become the sole and separate property of the other' ." .. from the date of execution hereof. , . 12. DIVISIONOF'MARIT ALRESIDENCE:The parti~s jointly own the maritaL residence situate at 307E~t Marble Street, Mechanicsbur~, C\Ullb.e~landCounty, Pennsylvania. .' HUSBAND shall retain sole andexclusive.own~rshiparidp()sses~ionofsai~residence. WIFE shall. , execute a deed, prepared by COunsel for lillSBANP,'~ansfe~g all ~ef'right,tit1e and interestin the marital residence to HUSBAND. . . . ',". . . ,.." ". . - . It is acknowledged that'the hous~ isen~uffibered py"~a_~~ary mortgage with M .&. T Mortgage Corporation in the names of both HUSBAND and WIFE. ,HUSBAND shall assume sole " " - .. . . .. . - . . ... responsibility for the paymentof this debt, and shall indemnify ~d hald WIFE harmless against any . . . . . . ..... liability resulting from his failure to m8kepaym~nts thereupon. Should .this account become . . . . delinquent by more than thirty (30) days, WIFE shall be entitled to. demml<l that the property be listed for sale with a Realtar afher chaosing and that it be sold far a reason~ble pri~e. A reasonable price . . .. . shall be ane that constitutes ninety p~rce~t (90%) afthe fair m8fketval~e ,af the property at the time. n is alSo. ackriowledgedthatthe propertY is encumbered by a second mortgage in the farm of a line af credit with Hamecomings FinanciaL HUSBAND shall assume sole respansibility far the payment afthis debt. . . . . .. . .' . . . . . . . . .-' While WIFE recagnizes that the .marital res'idence is currentlyen(;uIDbered in an amaunt in' . . ',; . . '. . .. . . ~ . .. , ' excess af its fair market value~. th~reby precluding HUSBAND,: frQ~ :refm~cing the primaiy mortgage in his sale name, itisagreed that HUSBAND shall make all reasanable effQrts to do. SQ. . .' . . . - . . .' . .' .. .'. . factars, including his inabilityJosecure cre~it, WIF.,.. ...E shall beentitledta~einai1,d that the praperty , . . . ...' - . .. be saId pursuant to. the ~ame termspres~ribedabQve. It is alSo. agreed that HUSBAND shall nat ' . . . .- .' . -. . . . . . ." . . . '. .-.' cause the marital residence to. beencumbe1;ed further until such tune as. WIFE is remaved frQm . ." .." .. . .. . ,- '. ,',' . . . '. . . . . . . . . . . . . . . . ," .:",' . liability an the existing martgag~s pursu.ant 'to tl~e teqns af this Agreement.' . . . . . 13. REAL EST A TE:~e ~artie.sarethe Qwners of tWo(~) lot~ inPolk Caunty, FIQrida, . which shall became the sale and exclusive propertyQfHUSBA~..WIFE hereby waives any right, claim or interest she has in said lots. . . - . . .' . . . . . . . .' . . . . ". . Mark-Crete, Inc. is the owner af a praperty lacated in White Rack; Pennsylv~a. Cansistent . . ...' . ,..." ,"',", ....". . . . .' . '.' . with the pravisians afParagraph 17 of this Agreement, WIFE hereby relinqu~shes any and all right, , claim or interest to. this praperty.' .. . . . . . . . The parties are also. the ow:ners of a prope, .rty in Lewisberry, Pennsylvania, which has been. . . ." . . . . . . . . . .' . . . ."., .' the subject of an installment sales contract. WIFE specifically waives any and all right, claim or . .' . interest in said praperty, including lier right to any maney-received 'in,the'pastar future under the terms of the installment sales cantract. . Upon the request of HUSBAND, WIFE shall execute deeds, prepared by counsel for HUSBAND, to any of the properties referenced herein in order to: give full force and effect to the provisions of this paragraph. 14. BANKACCOUNTS: HUSBAND and WIFE acknowledge that they do not possess any bank accounts or the like in both of their names. They hereby agree that each shall become sole . owner of their respective accounts and they each hereby waive anyi~terest in, or claim to, any funds. held by the other in any accounts. . ',.. '.' . .. . ,- . . . " owner of the 2002 Monte Carlo currently owned by Mark..Crete,lnc. ,Title to~his vehicle shall be . 15. MOTOR VEHICLES: It is agreed thatWIFE shall become the sole and exclusive : . .. - . . . . - . . - ..,.. . . signed over to WIFE. In the event that this transaction betw~eriMar~-Crete, Inc. and WIFE cause~ ... . . . ..',' .". . '. .' ',' :' ".:' .' sales tax; to be incurred, it is agreed that said taX will be paid by HUSBAND. .. . , - . '" :'..' -". ". . -: . . . '_ '. I", '". 16. AFTER-ACOUIRED PROPERTY: . . F:ac~ of thepart~e8shall hereafter ownanti enjoy, independe~tly of any claimorright of the other,. all items of property, be they real, per~onal . or mixed, tangible or intangible, which are he.rea~eracquired by h.iIn or he!, with full power in him or her to dispose of the same as fully and effectively, in all respectsand fo~~l purposes as though · he or she were unmarried. . . . . .:. . . . , , . 17. BUSINESSES: WIFE h~reby waives any and aliright,.chiim or interest she may have .' to the business known as Mark~Cre~e,Inc., excep't as m.ay'otherwise geprovi~ed for herein. WIFE, . . . ~ .. .' - . . . . - '". - . Agreement constitute a full ~d fair settlement of her clallnsito the m~tal v~ue thereof. , . . . . . . .. . - .' .' . '.- . . .",. .. WIFE also waives her legal and equitable in~er~sts in the pusiIless kn()wn as F .M. Eshlem~: .' . .' and Sons, Inc. It is acknowledged that WIFE is a thirty percent (30%) owner o'fsaid business. WIFE.. · shall execute any and all documents n~essary to. transfer her entire interest in F.M. Eshleman M.d.' . .... - ". . ".' . '.' -. .- .: " .' . -.' Sons, Inc. to HUSBAND or to any assigne."es selected or designated bYfIUSBAND. . . . - . . ". : ' . . . . ..... . ~ . .. --. . -'. : - ~ .- . ..';.' -:". ,'.; '.'. . . . . . Upon the effective. date. of thisA~eenient, : WIFE h~r:ebyre.li1.1quishes' all clahn to' th~... . . businesses referenced herein, .including fmaI?:;c~al.cla~s to any.property held by those businesses;: .. " as well as claims to exercise ~y managemerit interests. His also agre~d that WIFE shall be fully . . . . .. . . . indemnified by HUSBAND against any liability reslllting from the ope~ation of either business. . . . . . . . . '. . '.' 18. LIFE iNSURANCE: Each partysh~lll retain sole ownership of any life insurance policy they may have acquired in. their individual mnne and shall make any beneficiary designation ' ..' . " . .' .': . . . - - . . . ..." . . . . . . they deem appropriate. It is acknowledged thatWrFEprevioiis~r receiyed $1 ,703.00 and IIDSBAND . , , previously received $8,020.00 in cash from .policies owned bYM:ark-Crete,Inc. The cash value of any other life insurance policie~ owned by Mark-prete Inc. shall ~emain the property of that business. ." . -....", . ":.."... . . HUSBAND also agrees t~ m'aintain a life'insu~ance p~li~y onhimself for which WIFE is the ' beneficiary in the amount of $100,000.00. ,Said policy sh~ll continue ~o be maintained until such .' " ~.". . ." . . . . .".. . ' . . '. time as both of the party's children have attained inajorityor,completed their high school educations, whichever occurs later. , . , . . ' . ' 19. CASH SETTLEMENT: In consid~~ation Qfher interestirt,the ~ntirety of the marital .' estate, as has been fully di~closed 'betweenth~parties and tl1eit'respective .coun,sel, it is agreed that. ' " , WIFE shall r~ceive the following cash paymen~ ti:Oin'.HUSJ;J~oIl the following dates: . . . ' .. .' ,. .' ,.' -' . . . ." . ... . a) Effective ,date of this Agreement - $22,500.00., . b) December 1,2005 -$22,500.00 , . ' These payments shall co~titute payments inconsider.ati~nofWIFE'sinterest in the marital property comprising the marital esta~e,' and shall not constitute income to WJFE. . .. . '. ' , . .' .' . . . . .. - . 20. INCOMET~:HlJ~~AND.andWIFE'agreetojile s~paratetaxreturns beginning: ' with the tax year 2004.' Both p~ies agree .that in theeventanyde~~iericy i~ Federal, State or local '. . '. - . . . . . . , . . . . . . . , . ". . - '. ; . income tax is proposed, or any assessment of any ~uch tax iSlllade againSt either of them, each will . ". '. . . '. ~ . . . '. : : . ; . . '. . . .' . . deficiency or assessment and any interest, .penalty and eX:p'e~s~ :in.curred 'in conn~ction therewith. Such tax, interest, penalty or expense sh~ll be paid solely and entirely by the individual who is fmally, .. . . , 21. APPLICABILITY OFT AX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions .of said Act pertaining to the transfers of property between spauses and former spouses. The parties agree to sign and cause to be filed any elections or other documents . , required by the Internal Revenue Seni'icetorender the Act applicable'to the transfers set farth in this, . '. . , '. . . . . Agree~ent without recognition of gain on such transfer and subje~t to the carry-over basis pravisions of said Act. , , ' , . '. . . . - " . .'. . , , , . " , . 22. CUSTODY: The parties shall share legal custody of their niinor children. It is acknowledged that HUSBAND c~rrently has primary physical custody and. that WIFE has partial. , . '. , physical custody by the mutual agre~inent ~(the rarties. It i~.agreedthatWIFE shall continue to . enjoy liberal periods of custody ~d that reasonable requests for. custody shall not be unreasonably withheld by HUSBAND. . -". . 23. CHILD SUPPORT: The partlesacknowledge thatIIDSBAND has been paying child. . . " '. '. ':' .'. '. . -;,. . . .,':. .' " . . .' . . . . . . . - - . . . and spousal support to WlFE pursuant t.o aIlOrd~r of~ourt .of the' Cumbe~land County Court of' , . .: '. -. . . . . . '. -. . -. Common Pleas, docketed to 483 S 2000. . It' is agreed that iriunediately following the execution6f .' . .... . - . . . . . this Agreement, WIFE shall cause said, Order to be vacated "effective that execution date.,' HUSBAND shall continue tDpay ~y arrears Wl1ich may have accumulated through and including the date of termination of the Order.: " It is further acknowledged by HUSBAND and WIFE that the alimony provisions .of this ' . . . . .. . . .' . .'. " . .- . Agreement have been determ~~~ incontemplationof~e ~hild custody provisions prescribed herein..' ~ ." -', . . . .' -. . '... Therefore, it is agreed that ~SBANi> shall not atatly timeseekchild .s~pport from ~E. HUSaAND acknowledges and agrees that this paragraph, together with ~aragraph 24' .of this . . . . . - . , . . . . - . . . . . . Agreement, constitutes. satisfact<?rY and sufficien~fimuici~:s~pp~rt for the children including, but-not limited to, food, clothing, shelter ~~ all other factorS, COnsidered by the Pennsylvania Child Support Guidelines. HUSBAND shall continue to provide health insurance for the'childre~and shall be solely : responsible for the payme~t or'an~aD.~.allpremi~m$associ~te~ 'Wipttha~:coverage. Furthermor~, .' HUSBAND shall be sDlely respDnsiblefor payment of tl1~'frrst$2~?O?per..year, per child,i~ unreimbursed medical expenses~ .'After HUSBAND ,bas.paidth~ fm;t :$~50.00 per year, per child, . . unreimbursed medical expenses shallbedivided between the parties with HUSBAND paying 74% and WIFE paying 26%. . . , . , In the event that HUSBAND does seek child support and WIFE is direCted by a court to pay child support to HUSBAND, the alimony payable to WIFE 'ijIlder the terms 6fthis Agreement shall be increased by $1.0.0 for each doll~ of child support awarded to HUSBAND.. . , '. , . , . . . It is further agreed that WlFE;will riot seek child silpport. for.'as long as the child custody . .'. . , .. . , , . . . ". - '. , provisions of this Agreement re~ainin effect. , In the event that the ehild custody provisions prescribed herein are altered for any re~on, which mayincl~deHUS~MID's health, so that WIFE, assumes primary physical custody of the children, then WIFE shall be entitled to seek lawful chi'd support from HUSBAND, but the alimony provisions set forth in Paragraph 24 hereof shall likewise be modified as provided in that Paragraph. . . '. . In tlie event that WIFE is aw~ded child support pursuant to an Order of Court after' all, . . alimony provisions of this Agreement have been satisfied, it is agree~ ,that HUSBAND shall be . . . . . . . . . . . '. . entitled to a credit of $340.91 per month for e~ch month of,cl1ildsuppoit he is directed to pay. . , " , . ". ~ . . .' -. :-.. ,'". '. . .:. " . . . 24. ALIMONY:' .COInmencing on December!, ,2.0.04, and ending on November,l, . ". 2006, HUSBAND shall pay WIFE $1,.05.0..06 per month as alimony~ . Said aIimony payments shall be payable directly to WIFE <;m th~ first day of each month. Additionally, HUSBAND shall pay WIFE. al~ony in.the l~p sum. of $11,250.00 on , . December 1,20.06, and an additioIlallump sum 0[$11,250.00 on Januaiy2, 2007. The parties agree . . - '.' .' '. '" .'" ." .' .' . that these lump sumpayments constitute aliinonY'lU1d not equitable distribution, and that they are . . : .' . - . _: --. . . . ." . ""'. ",::' . . -', '. .':.~ . .' . . . : being paid as a lump sum at IIUSBAND's 'reql:1e~tiI?-~rde~ 'to decreaSe the term of his alimony obligation. In the event that WiFE'gains primary physical custody o'f the.:chiidrenand HUSBANDjs . . .:' '. '., . . .'..' . . . '. . ~ . .' ; . - . . . '. .... : . directed to pay child "Support to WIF~, the monthly alimony payable. to'\VlFEunder the terms of this, Agreement shall be reduced by one do!lar for ea?h ,dollar. ~f,child.suppoitawarded to WIFE,. provided, however, that in ~oeyentshall the Dlonihly alimony payable ~o:WIFE be' reduced to less . , than $493..0.0 per month through Novemberl,2.o06. 'Additionally,inth~ event that WIFE is . . .' . . .. , , receiving child support pursuant to an Order of Court at the ,~irnes that the lump sum alimony . , . payments are due on December 1, 200p, and January 2,.~007,then each.pa,yment shall be reduc~d . . - . . .. . ." to $5,000.00. . . . The alimony provided for herein shall be non-modifia~le, except as expressly provided . . . ' herein. All alimony payments shall be includable to WIFE as income and deductible to HUSBAND as income for purposes of taxation in the years that payments are made. .Alimonyshall terminate upon WIFE's cohabitation as that term is defmed in the Pennsylvania Divorce Code. It is agi-eed that HUSBAND shall pay alimony directly to WIFE. . However, should HUSBAND miss a monthly payment to WIFE or make a payme~t mo~e' than thirty (30) days late under the terms of this Agreement, it is agreed that an Order for alilllOnywill be ent~red ~ith the Cumberland County Cl:?urt of Common Pleas and enforced through the Domestic Relations Section of that Court. . .' . 25. MARITAL DEBT: Each party shall remain sole and exclusive responsibility for the payment of any and all debt in his or her in~ividual n~e. The parties specifically represent that they are aware of no outstanding debt in the joint n~es of both p.arties. 'fo the extent that any such joint . debt may exist, said debt sh~ll ~eassl1med by the patty to whom request. for payment has been sent ." . . ."' - ....... . . .'.' '. -.' -. - . . up to the effective date ofthi~ AgI"eem~nt..:1'h.~partY'assumingany such'debt shall indemnify and . . '. . . . .'.' ........ :.. '. . '. . - . . ~: - .: . , '.', hold the other party harmless' against anY liability resulting th~refro.m~ 26. BANKRUPTCY OR REORGAmZATIONPROCEEDINGS: Inthe event that' either party becomes a debtor in any bankrupt~y orfmanCial reorgan~zation'proceedings of any kind . . . .. . '- while any obligations remain to be performed by that party for the benefit of the other party pursuant . .. . .' . . . . . , . . ..... . to the provisions of this Agree~ent, the debtor spouse' hereby waives~ releases and relinquishes any right to claim any exemption (whether granted underState or Federal law) to any property remaining . .' . . . .. . . in the debto~ as a defense to any claim mad~'pursuant hereto bythe'.creditor spouse as set forth . . . . ,. . . .' " . ( . herein, inCluding all attorney fees and costs incurred in the enforcement pf this paragraph or any , . . other provision of this Agreell1ent.No ()bligatipI1 created by this Agreement shall be discharged or . dischargeable, regardless ofFede~al or Stat~Jaw to'.~e contr~, and each party waives any and all . right to assert that obligation hereunder is discharged or dischargeable. . . .' ...".. .' .' . . ...".. . " .-., . 27. EFFECT OF DIVORCE DECRE:E::, The p~ie~ ,agree tha~~ except as otherwise specifically provided herem, ~s Agreeme~t. ~haIlcontinuein full forc.e',and effect after such tune. '.' .. . as a final Decree in Divorce may be entered with respect to . the parties. . , . .' , . . . . . . , . 28. BREACH: If either party breaches any provIsion of this Agreement, the other party'. shall have the right, at his or her election to sue. for damages for such breach or seek such other . , , remedies or relief as may be 'av~lableto him or her, ,and.the p~:breaching.this contract shall b~ responsible for payment of reas~nable legal fee.s and costs inc;urred by the other in enforcing ~eir rights under this Agreement. ". i. . . .. . '.. .... : 29. W AIVEROF CLAIMS:. oExceptaShe~ein'otherwiseprovided, each party m~y , . .... . . .".. ".' '". .' . ."' '. ..... ", . .' . . . ~ . dispose of his or her property inariy way,an~ each paItyherehy ~ai.ves and relinquishes any and all. : .: -. '", . " : .... . -,' " .:'. ; . ," rights he or she shall now have or ~ereafter acquire, under~e ~resent 8Ild future laws of ~y . . jurisdiction, to share in the pr<)p~rty or the estate of the other as a result of the marital relationship; . including without limitation, d~wer,courtesy, statUtory allowance, Widow's allowance, right to take . . . . '. . . . . . . in intestacy, right to take against tl1e Will of tIle other, and th.e'right 'to act as administrator or .' . . - .. -. . . -' . . executor of the other's estate, 'and each'wili, att.herequestofth~.'other',execute, acknowledge and' , deliver any and all instruments ~hich may be necessary or ~dvi~~ble to carry into effect this mutual.' waiver and relinquishment of such interests, rights and c1~s~ . . . .' . 30. ENTIRE AGREEMENT: This Agreement c(mt~ins.the eritireunderstanding of the . : . . . . , . parties and there are no representations,. '.Varranties,.' covenant~.. or' undertakings other than th~se ' expressly set forth herein. 31. AGREEMEN'r'BINDlNG.ONHEIRS: . This Agre.ement shall be binding on and shall inure to the benefits ofthe'partie~.heretd and"their respective heir,s,; executors, administrators, . . ..- . .... . . successors and assigns. , . . . . '. . 32. ADDITIONAL INSTRUMENTS: Eachof~e.}Jarties shall from time to time,~t. the request of the other, execute, ac~owle4ge'and deliver to the~th.er any and 'all further instruments. .' . that may be reasonably required to giye full forceaild effect to. th~ provisions of this Agreement. "'I . . . , . 33. VOID CLAUSES:. Ifanyterrii, condition, clauseorprovisiQn of this Agreement shall be determined or declared to be void or invalid in law or otherwise,.then only that term, . condition, clause or provision shall b~.stricken'frorn this Agreement and in all other respects this Agreement shall be valid and continue in fullfotce,' effect and operation~ .' . . 34. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and . - . . . . ' . . . . . . .' -. agreed by and between the parties hereto that each paragraph hereofshallbe deemed to be separate. and independent Agreement. . . .. .' ". :. . the execution of this Agreement The parties acknowledge that there hW)heell no, formal discovery '. conducted in their pending divorce actionand that neither. party '.'.~~'.' filed an inventory and.. appraisement as required by Section 350?(b)ofthePennsylvamaDivorce.Code. Notwithstandi~g' the foregoing, the rights ofei~er p~ to. pufs~~a c1mrn for equita~le ~i~tribution, pursuant to the' Pennsylvania Divorce Code, of,anyinterestPMled br.the oth~rpartyin~asset of ariy nature atany time prior to the date of e)tectltion {)fthis ~greement that was not,4isclo~edto. the other party or his or her counsel prior to th~date.~f. th~ within Agreementis ~xpres~lYfe~ervecl.In the event that.: either party, at any time hereafte;r,:~iscoverss~c4anundisclosedas.~et, the p~ shall have the right . to petition the Court ofCo~onPleCiSofC~mperlan~ County to ,make eq~itab~e distribution of said asset. The non-disclosing party: s~~l be responsible, for paymerit of cOUllsel fees, costs or expenses incurred by the other party in seeking equitable distribution ofsaid~set. : Notwithstanding the . . ,".' -., . . ,,:' ..... ~ .... '. . . . foregoing this Agreement shall ip. 'a.U other respects remain ill full force 'and effect. 36. MODIFICATION AND WAIVER: A . modificatio~ or waiver of any of' the provisions of this Agreement sh.ai~b~effectiveonlYifmade iII.writingan~ executed with the same. . formality as this Agreement. The failureof.either party t~ inSist"llj>~n .~trict performance of any of the provisions of this Agreeme~~ shall not b.e construed as a waiver.~f any ~ubsequent defaults of the: . same or similar nature. . ,------ ~ 37. !!ESCRlPTlVE HEADINGS: The descriptive headings \)Sed herein are for convenience only. They shall have no affect whatsoever in determinin& the rights or obligations of the parties. . . . , . IN WITNESS WHEREOF ,the parti~s h~eto h.wesetth6ir hands and seals the date and .. year first above written. . -f#~., WI' S ' OJ Wl~ . ' " . . ." -' ' . ' ..f3~J,~}.4/.~/"~~E~).. BECKYS. llLEMAN.... . ..... . _~$ _(SEAL) F)U:DERlCK M. ESlILEMAN. JR. . ... r COMMONWEALTH OF PENNSYLVANIA ':SS. COUNTYOF~ ... .... . .f1L " ',..,,' ,. i?005 : . . . · On this, 12 . day of CJ ~, WO>r, before me a ~otary ~ublic. perso~~y appeared Becky S. Eshleman, knok to me to bethe person whose name 1S subscnbed to the wIthm Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. . . . . . .. IN WITNESS WHEREOF, I hereunto. set my hand and official seal. ; S fiewR"~ POOtic . ~I jgrg, YOf1( County '. My ~~on ~"plr.. May 17, 2005 ~f,fiIM8Ylvarua~tiOOofN~' . $~/~ Notary Public ,. " .',.,' " . ' COMMONWEALTH OF PENNSYLVANIA . ':SS. COUNTY OF OlJ~beK-I~,. On this, the~ day of . .'.Det:~~J ~ffl ~' 2004, be'fore.ll1e a Notary Publi~, personall;. . '. . '. . . . '. . '. . . . . . . - . ",. ," '. . . . . '. ... . . appeared Frederick M. Eshleman, Jr., known tome to be the person whose name is subscribed to the . ." . .' . within Marital Settlement Agreement and acknowledged thathe.executed the saine forthe purposes .' therein contained. . . , IN WITNESS WHEREOF, I hereunto set'myhand ad official seal. , . . . ",' - . . . . .' , . . . . . . . . . ' . . ' . ~~~C/.. No.tary Pub~~c . : . -..., -4 Jar;' M. Wiley .. David j. Lenox Timothy j. Colgan Christopher j. Marzzacco WI III David E. Hershey Thomas M. Clark Angel ica L. Revelan Paul J. Kovatch THE WILEY GROUP Attorneys at LaVV' Wiley, Lenox, Colgan & Marzzacco, P.C. January 19, 2007 Mark Eshleman 307 East Marble Street Mechanicsburg, P A 17055 Re: Eshleman v. Eshleman - Divorce Dear Mr. Eshleman: Becky has brought to my attention that she has not received the lump sum alimony payments that you are obligated to pay pursuant to the Marital Settlement Agreement dated January 13,2005. As you know, Paragraph #24 of the Marital Settlement Agreement required you to pay a lump sum of$11,250.000n December 1,2006 and $11,250.00 on January 2, 2007. Ms. Eshleman has not received these payments, but for $2500.00 paid in December 2006. Ms. Eshleman is agreeable to extending time for you to pay the total amount of $20,000.00 until February 20,2007. If she does not receive payment in full by this date, I will have no choice but to proceed with the filing of a petition to the court to enforce the terms of the Marital Settlement Agreement, with a request that you pay her counsel fees as permitted by Paragraph 28. Thank you for your attention. Very truly yours, WILEY, LENOX, COLGAN & MARZZACCO ..../\ By: / l.1Ef ,/). .. / n .1 L--/-'; L(,!;:: IL.., ~.(juL~ - Angelic': evelant, Esquire ALR/ cc: Becky Eshleman Gary French, Esquire ~ EXHIBIT i EJ 130 W. Church Street, Suite 100 · Dillsburg, PA 17019 · Phone: (717) 432-9666 · (800) 682-4250 . Fax: (717) 432-0426 Offices in Harrisburg · York · Carbondale www.wiley4u.com . . . ., BECKY S. ESHLEMAN, Petitioner / Plaintiff * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA * * vs. * NO. 02-6072 * * FREDERICK M. ESHLEMAN, JR. * Respondent / Defendant * CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Angelica L. Revelant, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Mark Eshleman 307 East Marble Street Mechanicsburg, P A 17055 Gary French, Esquire Keefer Wood Allen & Rahal 210 Walnut Street P.O. Box 11963 Harrisburg, P A 17108-1963 Date: S/~07 I By: ~~ Angelica . Revelant, Esquire (") c: z r}-' "" c:;:::l <::;::) --.J '""'l'" :;: :A:1 f"'0 W ~ -i ::r:" m--- ,....... -om ':oq C) -L :yi ~? ();Q --..- \,. J cirn :i~ :D -< -0 :K ~ o ~ ..... BECKY S. ESHLEMAN, Petitioner I Plaintiff * IN THE COURT OF COMMON PLEAS * i CUMBERLAND COUNTY, PENNSYL VANIA * vs. * NO. 02-6072 * * FREDERICK M. ESHLEMAN, JR. * Respondent I Defendant * CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW PETITION FOR ENFORCEMENT OF MARITAL SETTLEMENT AGREEMENT To the Prothonotary: Kindly withdraw Petitioner/Plaintiffs Petition for Enforcement of Martial Settlement Agreement with regard to the above-captioned matter, Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. Dated: 1/ tflD7 I { Ang~~ I.D. # 202759 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 ~\ ."'1 BECKY S. ESHLEMAN, Petitioner I Plaintiff * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA * * vs. * NO. 02-6072 * * FREDERICK M. ESHLEMAN, JR. * Respondent I Defendant * CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Angelica L. Revelant, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Gary French, Esquire Keefer Wood Allen & Rahal 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 Date: Lf!lJ!07 By: ~~ Angeli L. Revelant, Esquire o ~; ~"'-,. t'--.:l c:;:..) ,::;::> ....J ~ --;,} :::a o o -n -l -L-r! mF -0 t:B :;;i (~~, 'y= -.,' ~ 'J CO~ ;'j rr, ,::;,\ 'i;. ~:n :< -0 -r' ~>:.... o CO