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HomeMy WebLinkAbout98-05811 ~ " ,~ .. , ...... !~ 11'I ~ j i I I ~ , c--. , ,~ 1- , II'l !~ I I , i I i i I , I I i ! ( I~ I:""" I . I .~ , ' l<:.J ~ ' ~ I:>.., '" . ~, ~. ~:' , ~, , , , , ~,: ~ ~ ~ -:.;. .;+;, .:+:. ':+:' ':4 . ... .--.--.i:~ " I~ ,',1 . . **.~**.~*,~.~.**,~,.~..~.~..~~.,:~..~.,~ .._ ____, .._.u. ;:, *: :+;. <+:. -:.;, .:+:' -:+;, ~' IN THE COURT OF COMMON PLEAS ~'. ~; OF CUMBERLAND COUNTY ~i , , "''i !fX;;i<.~ ~..""~~tl "'" 'i1'.:.~'''\ r ~/),~ f:;. . -\.'~.....7';";' PENNA, STATE OF SIIAWNE,; L, ESLINGER, PIn in ti ff :\. \J, ()8-581 ~ III ~ \','1' II '.'/ ~i BRIAN E. ESLINGER, ~I Defendant ~l :! D E C R EEl N ~i ~ DIVORCE ~ .. ~ ~ ~ AND NOW, ' , ,1~1~'{.J".LL".", 19'((., SHAWNEE L. ESLINGER BRIAN E. ESLINGER , , " plaintiff, defendant, it is ordered and decreed that 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; ~.' ~ $ ~ ~,' ~ " ~ $ ~ .' . . . . . , . . . , , , n y Thc.- c; ,~ U I'll: / . ,.' I ,) ) dJ! /:J ( i (c. ,'! / . -- ,..- L....~ . -. 7 I . Attest ,I ~, .. I , t' ~ .- ,. (i<d4~, X".,~ 0t''''':~(.r,~.... 'c;J'- /' /. e; L/2cJ-?/tr.<. K. J:&?~ 1J':-Z tI P"P1-olhoIl0I,HY ~ ;,; ~ ~ ~ 7. ___________~_~.~..__.. .-, , ~~-***~~~****~.~,*,~..~ <+;. -:+;. <+;. <+:. <to:. .:",;. .:+;. ':0;' <f.;' <.e;. -:+;. .J. I.,. i" I: ~~ ) I~ !,:, (~ l~ I~ ... ,',' I", I~ ;~ I~ i'" I~ j>,' I~ I'" I~ ,I., I ~ ~ .- ~ I~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ;* ~ , , ~ ~ ~~ ~ .:+;. " I;' 'll-" 11 SIIM1NEE 1.. 1':~;1. I NGEh, PI,] j nt i I r I N TilE COllin OF COr~N()N PLEAS OF (.tIi~HEr<I.AND COllNTY, PENNSYLVANIA v. NO, 9B-~811 BRIAN E. ESLINGER, Defendunt CIVIL ACTION - DIVORCE ORDER AND NOW, this ," day of . , 1999, the . property settlement agreement between the parties dated Narch 1, 1999, and attached hereto is hereby incorporated into the Decree in Divorce. BY THE COURT: , l ) '.' r:\ l/,,-'_",dll;!"l "t.....' PROPERTY ~~'I:T.I,~~,j:NT_l;,GR~~!1.ENT THIS AGREEMENT, made th"J day of I . , 1999, by and between SlI^~INEE L. ESLINGER, of Cumberland County, Pennsylva- nia, (hereinafter referred to as "~Iife"), and BRIAN E. ESLINGER of Cumberland County, Pennsylvania, (hereinafter referred to as ,"Hus- band") ; L.. WIT N E SSE T H: WHEREAS, Husband and Wife were lawfully married on September 9, 1995, in Shiremanstown, Cumberland County, Pennsylvania, and, WHEREAS, one child has been born of this marriage. NOW THEREFORE, in consideration 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Disclosure of Assets. Each party asserts that he or she has made a full and fair disclosure of all of the real and personal property of any nature whatsoever belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by -1- f \ ~ f . each of them, of 1111 flOUJ'C(~~; ,~]nd dll10tllltn of income received or receiv- able by each purty, dnd of "vc'''y olhc',' Idel ndat in') in Clny way to the subject llklttet' of lh,,, dqteemenl. Till",,' <lIH('lom.lt'es are part of the consideration made by each party tOt' enterIng into this agreement. 2. Preparation of Aqreement. This agreement has been prepared by the attor.wy [or the Wite. The Husband has been advised that he should seek an independent attorney to counsel him on this agreement and in negoti.:ltion of this agreement. Each party has carefully read this agreement and is completely aware, not only of its contents, but also of its legal effect. 3. Lawfulness of Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 4. Freedom from Interference. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or -2- malign the oth(:.', nor ill .-IIlY "lay illtedet'e ""th Uw pe."".[ul (::'.i'J' tenee, separate and apart from the other. mutually remise, release, quit-claln1 and forever dischul',je the other and the estate of such other, for all time to come, and tor all purposes "Ihatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower'S rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, 5. Release of Claims. ~li te und lIuflballd h.1ch do he:reby -3- costs or expenses, whether arisinr:J as Ll rC~3ult of the marital relation or otherwise, except, ane! on] y except, a.1l t- ights ane! agreements ane! obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 6. Warranty as to Future Obliqations. Each party repre- sents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them. -4- .,. Personal ~rope~ty. Both partien herein ilqree to the followinq c1ivinioll of pc:t'"ollcil property thilt it' CUIT(cnlly locilt"d ilt 2001 Redballk Road, Lot #51'/, Dover, PA 1'/315: ~Iife is entitled to keep the following items from the marital home: 1. Her clothing 2. All furniture ill the home 3. Her car (1991 Ford Probe) 4. All her personi11 belongings, including, but not limited to: a) photos and albums b) CD's that she chooses c) Video movies that she chooses d) Stereo, and (2)TV e) All appliances in the home f) 14' X 70' trailer Husband shall be permitted to remove the following items from the marital home 1. Camcorder 2. His car (Nitsubishi 3000GT) 3. His clothing 4. All his personal property Wife agrees not to destroy, discard, remove, hide, give away, donate, sell, or deny Husband of any of her personal property. Wife is to allow Wife full and free access to those areas of the marital home where items may be stored to remove Wife's property. Any property that should remain in the marital home and may be missing from the above list is up to Shawnee and Brian to decide who gets which items. -5- Each of the p':H'tif>H <.kH,.'n hf.'n'by npecificdlly W,IIVf', releanc., renounce and forever dbdndoll wllau'v('r c!'lilllH, if dill' I ::I1l' UI ht. !1\c'lY h,:lve with respect to any of the aoov(.' iterm; ....'hich an:.. lhl..~ HolC' Clnd sepurCttc property of the other. 8. Cash. All cash presently in the possession of ei ther party shall be and remaill their separate property, tree and clear of any claim whatsoever on the part of the other. 9. Property Not Provided For. The parties hereto agree that they have, by the terms of this agreement, settled, to their mutual satisfaction, all rights that either may have in their proper- ty, whether owned by them jointly or separately, real and personal, and wheresoever situated. Any property not specifically provided for in this agreement, which the Husband or Wife owns or has the right to control or possess, shall be and remain his or her property, free and clear from any claim on the part of the other. 10. Real Estate. The parties acknowledge that the property known as 2001 Redbank Road, Lot #517, Dover, PA 17315, is marital property and is titled in Husband and Wife's name during the pendency of the marriage. Husband agrees that Wife shall be allowed to remain in the marital home. It is the parties' intent that Wife shall have the trailer home re-titled into her name alone. -6- , , , : I , , 'I I, Ii 11. Waive,J:"_9f Al..imoQY. The piH'tit!B herein <lcknowledge that by thin '::lgr'C'f'f!\('nL lhf.'Y hdve each resp{!C'tively secured dIld maintained a >JUU>Jtdllticll dlld ddc'quute tund with which to provide thellwelves sutfi- cient fillanci<ll resources to provide [or their comfort, m<lintenance and support in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have agaillst the other for alimony, support, alimony pendente lite or maintenance. It shall be from the date of this agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 12. PaYment of Attorney Fees. Each party of this agreement hereby agrees that each of them will be solely responsible for the full payment of all attorney's fees and other costs heretofore and hereafter incurred, respectively, by each of them in connection with the negotiation, preparation, and execution of this agreement, and in connection with any action commenced by either party with respect to the divorce of the parties. Each party further agrees hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and expense (including additional attorney's fees) arising from a failure to pay all of the aforesaid attorney's fees and other costs. -7- 13. ~nf~~~d and Voluntary Execution. E~ch party to this ilqreement dc~.nuwl(:d(Jf.'" .1Ild ,kcld"'"" th,lt. I", 01' cllw, respectively: u. Iu fully uud r:nl1lpletc:ly informed as to the [acts relating to the subject matter of this agreement and as to the rights and liabilities of both parties. b. Enters illto this agreement voluntarily after receiving the advice of independent counsel, free from fraud, undue influence, coercion or duress of any kind. c. Has given careful and mature thought to the making of this agreement. d. Has carefully read each provision of this agree- ment. e. Fully and completely understands each provision of this agreement, 14. Subsequent Divorce. The parties hereby acknowledge that Wife has filed a complaint in divorce in Cumberland County to Docket No. 98-5811, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Husband hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent 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 at the same -8- time dn he' ('XI'cuLf'n thin '1'-JI""'IIl"fll, Th,. p,IJ-t i(':; II'-'l'(lhy l,oJdlV'-, dll l"iqIlL:; to r('qu/':;! COllr! (Jf(f"I',_'d ('IJllll~;('J IIIIJ Ill]I!"r t til' !JilJun'c' Cude', It is further "pee i (lcall y ulldeull:ood alld dgreed by tilt. part i",. that the provisions of tllis agreemellt a" to equitable distribution 01 property of the parties are accepted by each party ao a tillal oettlemellt 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, coulltry or jurisdic- tion, each of the parties hereby 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, whether or not either or both of the parties shall remarry. 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. 15. Mutual Cooperation. The Husband and the Wife shall each concurrently herewith, or at any time hereafter on the demand of the other, execute any other documents or instruments, and do or cause to be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of this agreement. -9- I G . Sovera.biUJ;y. I{ <IllY pruvlfiioll ill this Clgl.'eernent is held by d COlll"t of COII'I)('IC'lIt jlll'lfidictlUII to be' invalid, void, or unentorceable, the remaining provi~JioIW Bha11 nevertheless continue in full force and effect without being impaired in invalidated in any way. 17. Reconciliation. If there should be a reconciliation of the parties after the date of execution of this agreement, this agreement shall nevertheless continue in full force until it is modified or abrogated by another written instrument to that effect signed by each of the parties hereto. 18. Future Earninqs. All income, earnings or other property received or acquired by either party to this agreement on or after the date of execution of this agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the effective date of this agreement, does hereby and forever waive, release and relinquish all right, title and interest in all such income, earnings or other property so received or acquired by the other. 19. Waiver of Riqhts. Each of the parties hereby irrevoca- bly waive all rights which he or she may have to request any court to equitably distribute the marital property of the parties or to have alimony, alimony pendente lite or counsel fees awarded to either -10- party, it b...inCj t:lH' ";'1''''''''' inlc'nt 1011 of U", p'lI't Ie" lIen.to to fully nettle all clctim" wlllch I h"y 1I,lvc, with !c'''p"ct to each otllC't' in this agreement. Each o[ tile parl ies [ul'thel' agree to corwent to the entry of a Decree in Divorce, 20. Waiver of Breach. The waiver of any term, condition, clause or provision of this agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this agreement. 21. Survival of Aqreement. If any term, condition, clause or provision of this agreement shall, by its reasonable interpreta- tion, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, provision or provisions, shall be so construed, being the express intention of both parties hereto to have this agreement govern their relationship now or hereafter, irrespective of their marital status. 22. Jurisdiction. This agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and both parties consent and agree to the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania, on account of any suit or action brought with respect to this agreement or any provisions or matters referred to in any provisions thereof. -11- f, . '~_.'..,".'.J,_~., II\cllut\....lllfllil!....llr CUSTODY AGREEMENT FOR MINOR CHILD This custody "9n,ernc:nt is enterc:d into this :" day of. 'U""c/: , 1999, between SHA~INEE L. ESLINGER, hereinafter referrep to as the "Nother" ilnd BRIAN E. ESLINGER, hereinafter referred to as the "Father". WIT N E SSE T H: WHEREAS, the parties herein desire to set their intentions '/lith respect to custody of the minor child, Amber Narie Eslinger, in writing, WHEREAS, the parties were lawfully married on September 9, 1995, in Shiremanstown, Cumberland County, Pennsylvania, and WHEREAS, one child was born of the marriage, a minor female child, Amber Narie Eslinger, born April 26, 1996, and WHEREAS, the parties have filed for divorce in Cumberland County, docketed to 98-5811, and WHEREAS, it is the desire of the parties hereto to formalize their agreement with respect to the said minor child when she resides with them; AND NOW THEREFORE, the parties hereto intending to be legally bound hereby do agree that: 1. Both Mother and Father shall share legal custody of the minor child. 2. 3. 4. Nother shall have Father shall have Holidays shall be A. Nother shall Christmas morning. B. Father shall on Christmas day from 3:00 C. Nother shall D. Father shall E. Mother shall F. Father shall G. Nother shall H. Father shall agree. primary physical custody partial physical custody divided as follows: always enjoy custody of the minor child on (60%)of the time. (40%)of the time. enjoy physical custody of the minor child p.m. to December 26"'. have New Year's Day. have New Year's Eve. have July 4th. have Memorial Day. have Thanksgiving Day. have Thanksgiving Eve as the parties may -1- ,', ~l , , .,..'....,_.."'. the if they are to be taken consecutively, Mother shall be notified at least 90 days in CldvaI1ce. G. Father shall be permitted to have physical custody of the child during those times that the parties may agree when he is given other time off for Holidays or vacatioll. 7. Both parties agree to consult one another whenever a life decision is necessary with regard to the child. Life decisions affect medical, dental, orthodontia, religious, or moral decisions. Both parties agree to consult with one another whenever prudent. e. Both parties agree that they shall always provide the other party with address, phone number, and or vacation location, when necessary. 9. Both parties agree that privileges will be provided, and parent. 10. Both parties agree to be as flexible as possible, whenever possible, and to always place the best interest of their child first. 11. Father agrees to maintain the child on his health coverage and if, and when necessary, Nother agrees that if Mother's employment offers family coverage with no additional, or minimal cost, agrees to add the child as secondary coverage to her policy. 12. All unreimbursed medical bills, including orthodontia, will be shared equally by the parties. 13. Visitation by the Father may be permitted as the parties shall mutually agree upon. when the child is encouraged to the older, phone non-custodian IN WITNESS mlEREOF, the parties hereto intending to be legally bound have set their hands and seals on the date first above written. , C" I ____ > \\[i l\ \I 0 ( (..0 \..1\,(\ "j\ SHAWNEE L. ESL~NGER c. A' .<::,.. I A' "" . -, /l"';R~;~ ~~~~~~;R .' -2- . ' '! :;1 , , I. 1\' c. ,. -.. . . - -- SHAWNEE L. ESLINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. qp" [.P IJ CIVIL ACTION - LAW IN DIVORCE CIVIL TERM BRIAN E. ESLINGER, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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 Courthouse, 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. r 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 Countv Bar Association 2 Libertv Avenue Carlisle. PA 17013 Telephone: (717) 249-3166 I " i~ I ..,...,....~..... j SHAWNEE L. ESLINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9r 6 ~PI / C,'UI ( ~ rl.l( CIVIL ACTION LAW IN DIVORCE v. BRIAN E. ESLINGER, Defendant COMPLAINT I. The Plaintiff in this action is SHAWNEE L. ESLINGER, an adult individual, who currently resides at 2001 Redbank Road, Lot #517, Dover, PA 17315. 2. The Defendant in this action is BRIAN E. ESLINGER, an adult individual, who currently resides at R.D. #4 Hillcrest Drive, Mechanicsburg, PA 17055. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on September 9, 1995, in Shiresmanstown, Cumberland County, Pennsylva- nia. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other juriSdiction. 6. The Plaintiff avers as the grounds Upon which this action is based is that the marriage between the parties hereto is irretrievably broken. -1- > ( ( I.. I ".....':;.. ,:",'-~ fl\rll'/\(."Il'I'I.' III . SHAWNEE L. ES J, I NCEH , Plillnt.if I J N TilE COUWI' OF CONNON PLEAS OF CUNlJERLAND COUNTY, PENNSYLVANIA v, NO. 9BSBll BRIAN E. ESLINGEH, Detcmbnt CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301 (c) of the Divorce Code was filed on October 12, 1998. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsi fica- tion to authorities. 3/; /79 .(;? -, /~/:'. ",' 7 , /> Date BRIAN E. ESLINGE , Defendant