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HomeMy WebLinkAbout00-07078 .0...:_ ",j , ,o~" _~ J _" _,_,,_',,',,-;'._'U . . , ;f. ;f. ;f.;f. . .. . ;f. ;f.;f.;f.;f. ;f.;f. ;f.;f.;f.;f.;f.;f.~;f.;f.;f. ;f. ;f. ~ . . IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY STACIE EDMISTON, PENNA. . . STATE OF . No. 2000-7078 . Plaintiff . . VERSUS . . JEFFREY EDMISTON. . Defendant . . DECREE IN DIVORCE . . . ~ 1.Q 2001 , IT IS ORDERED AND . . . . . AND NOW, DECREED THAT Stacie Edmiston , PLAINTIFF, . . . . Jeffrey Edmiston , 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; . None. All claims resolved by Marital Settlement Agreement dated December 2l, 2000, the terms of which are incorporated but not merged into this Decree for enforcement purposes only. . . . ~~~~ ~ ~~~~~~~~ ~~~ ~~ . ~:f. ~ ~~~~ "''''~ !Ii . . . . J. '''','' '.i'-- . ~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . ~"~ ~" _ . " _ ~c , ~'~'~"'-"- ~~ , -~-,~ ..{ 3/&( 5- J/ If/ - '. .,.,..",.....""...'.~Tirr'..- III.. illnJW""~ M~ ~zt-4~ /14 m~ -z ~ ,. , "" _'< .""'''':"''_'_''~ ,T ~fIlU;~~q-~""i' !!l'l!I '_'o/"""""'~ ~elffil~"l'~~M~~ . ,- . ~ - "' ' -. [ IIltiigK':.;, . MARITAL SETTLEMENT AGREFJIIENT BY AND BE'lWEEN STACIE EDMIS'l'CN AND JEFFREY EDMIS'l'CN Dawn S. Sunday, Esquire 39 West Main Street - Suite #l Mechanicsburg, PA 17055-6230 Telephone: (717) 766-9622 Counsel tor: Stacie Edmiston '"- '"'- .J.~ J' 'Ie -' ~-j~ MARITAL SETTLEMENr AGREEMENT THIS AGREEMENT made thiscx!; ~ day ~L,0r~ h /, 2000, by and between STACIE EIl'lIS'lW, of Mechanicsburg, Cumberland County, pennsylvania, (hereinafter referred to as "WIFE"), and JEFFREY EDMIS'J.'CN, of Hardsburg, Dauphin County, pennsylvania (hereinafter referred to as "HUSBAND"), WIT N E SSE T H: ---------- WHEREAS, the parties hereto are Wife and Husband, having been married on June 27, 1992, in crawford County, Pennsylvania; WHEREAS, differences have arisen between Wife and Husband in consequence of which they have decided to live separate and apart from each other and agree to a mutual consent divorce; and WHEREAS, Wife and Husband desire to settle fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NCW THEREFORE, the parties, intending to be legally bound, agree as follows: I. ADVICE OF COONSEL. Both parties agree and acknowledge that ,"~ ~-" j ",. t- ~ they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement and to seek and obtain the advice and counsel of an attorney with respect to this Agreement. Wife further represents that she has obtained legal advice and representation from Dawn S. Sunday, Esquire. Husband acknowledges that he has been informed of his right to be advised by an attorney of his own choosing prior to entering into this Agreement and that he voluntarily has decided not to retain such counsel, and further acknowledges that he accepts this Agreement and that his acceptance is not based on any advice or representation made by Wife I s counsel, Dawn S. Sunday, Esquire, nor has any such advice and/or representation been given to Husband by Wife I s attorney. Both parties agree and acknowledge that they fully understand the facts upon which this Agreement is based, that they believe this Agreement to be fair and " equitable, that this Agreement is being entered into freely and voluntarily by each of them, and that the execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 2. DISCLOSURE OF ASSETS. The parties warrant that they have given a full, complete and accurate disclosure of all assets, of any nature, whether or not the assets were held jointly or in one name alone. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity including the right to punitive and compensatory damages. 3. PERSamL RIGHTS. Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as she or he may select. ..:..-. I, . = "~~': Each may, for her or his separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to her or him may seem advisable. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. EQUITABLE DISTRIBUTlOO. A. Household and Personal Property. The parties agree that their household and personal property has been divided to their mutual satisfaction. The parties agree that they shall retain all personal property in their respective possessions and waive all rights as to personal property in the possession of the other party as of the execution date of this Agreement. Each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any of the foregoing personal property which shall become the sole and separate property of the other from the date of execution of this Agreement. B. Motor Vehicles. The parties agree that Wife shall retain possession of and receive as her sole and separate property the 1998 Audi which she drives, along with all rights under any insurance policy thereon. Wife shall assume total responsibility for payment of any loans associated with the vehicle and all liens and encurnberances thereon. Within IS days of the execution date of this Agreement, Husband shall sign and deliver to Wife any and all documents necessary to transfer title of the vehicle to Wife. The parties agree that Husband shall retain possession of and receive as his sole and separate property the 1999 Audi which he drives, along with all rights under any insurance policy thereon. Husband shall ~-~'"-~""~"~'~ - - ..' I ~~ ~ ~ I '. -~- ~~""'--.'" j assume total responsibilty for payment of any loans associated with the vehicle and all liens and encumberances thereon. C. Real Estate. (1) The parties aCknowledge that during their marriage they held, as tenants by the entireties, the fee simple interest in the marital residence located at 870 Hawthorne Avenue, Mechanicsburg, Cumberland County, pennsylvania. (2) Within 10 days of the execution date of this Agreement, Husband shall execute and deliver to wife a Deed conveying all of his right, title and interest in and to the marital residence to Wife, free of all encumberances except the outstanding first mortgage held by National City Mortgage Company, which wife agrees to assume and to pay. Husband further agrees to execute any and all documents supplied by Wife to effect ,. the transfer of his interest in the property pursuant to this paragraph. (3) Within 10 days of the execution date of this Agreement, Wife shall take all steps necessary to have the mortgage transferred to Wife's name alone, provided, however, that National City Mortgage Company agrees to such a change. (4) Wife shall indemnify and hold Husband harmless from any liability, cost or expense, inClUding attorney's fees, incurred subsequent to the execution date of this Agreement in connection with the marital residence, including, but not limited to, the mortgage, property taxes, and insurance with respect to the marital residence. D. Pension/Retirement Benefits. (I) Husband shall retain as his sole and separate property, free fran any claim by Wife, Husband's state pension in connection with his employment at the Pennsylvania Department of Revenue, with an approximate ,,,,,,,_k C=~_=,~" I., ~'c. __ ==- ~ ~~~ present value of $68,964.00. (2) wife shall retain as her sole and separate property, free fran any claim by Husband, Wife's Vanguard Individual Retirement Account with an approximate present value of $34,000.00. E. Mutual Funds. Husband shall receive as his sole and separate property, free fran any claim by Wife, the funds withdrawn fran the joint Janus Mercury, Global Life Sciences, and Worldwide Funds, with an approximate value of $11,200.00. F. other Assets. (I) Wife shall retain as her sole and separate property, free fran any right, title, claim or interest of Husband, any and all bank accounts, credit union accounts, insurance policies, and any other intangible personal property held by Wife on the date of execution of this Agreement or acquired thereafter. (2) Husband shall retain as his sole and seperate property, free from any right, title, claim or interest of Wife, any and all bank accounts, credit union accounts, insurance policies, and any other intangible personal property held by Husband on the date of execution of this Agreement or acquired thereafter. G. Miscellaneous Property. Any and all property not specifically addressed in this Agreement shall be hereafter owned by the party to whom the property is titled, and if untitled, the party in possession. S. LIABILITIES. (1) Husband represents and warrants to Wife that he has not incurred any debt, obligation or other liability, (other than the mortgage ~, LII~ti ~\li -. ," , ~I J. . " ~~'.Ili__;. held by National City Mortgage Company, liability for which is addressed by paragraph 4C of this Agreement), on which wife is or may be liable. (2) wife represents and warrants to Husband that she has not incurred any debt, obligation or other liability, (other than the mortgage held by National City Mortgage COmpany, liability for which is addressed by paragraph 4C of this Agreement), on which Husband is or may be liable. (3) A liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and her or his property harmless from any and all such debts, obligations and liabilities. 6. ~ICATIOO OF WIFE. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this' Agreement, Husband will, at his sole expense, defend wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. 7. INDEMNIFICATIOO OF HUSBAND. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney I s fees incurred by Husband in connection therewith. -~~ 8. WARRANTY AS TO FUTURE OBLIGATICNS. wife and Husband each represent and warrant to the other that she or he will not at any time in the future incur any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. Each party hereby agrees to indellU1ify, save and hold the other and his or her property harmless from any liability, loss, cost or expanse whatsoever incurred in the event of breach hereof. 9. TAXES. Wife and Husband warrant that they have peid all taxes on prior jointly filed returns including the calendar year ending December 31, 1999; that they do not owe any interest or penalties thereon; and that no tax deficiency proceeding or audit is pending or notice thereof received. Husband shall give wife notice of any deficiency assessment and Wife shall give Husband notice of any deficiency assessment of which they individually or collectively become aware. The parties agree that should it ultimately be determined that any deficiency and/or penalty exists with respect to any jointly filed returns, the party responsible for the erroneous preparation and/or, non-disclosure or erroneous disclosure of information which has resulted in the deficiency and/or penalty, shall be solely responsible for the payment of the amount ultimately determined to be due, together with interest, as well as expenses that may be incurred to contest the assessment. IO. SUPPORT, ALIMCX!lY, ALIMCX!lY PENDENTE LITE. Both parties hereby wai ve any right or claim they may have against. the other for alimony, alimony pendente lite and spousal support and maintenance. 11. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically - -'- "-""""""~~ provided in this Agreement, effective upon the execution date, Wife and Husband each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which he or she has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 12. WAIVER OF BENEFIC1ARY DESIGNATlOO. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights in and to any asset, benefit or like program carrying a beneficiary designation' which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is her and his intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding the foregoing, however, in the event that either party hereto specifically designates the other party as a beneficiary after the date of execution of this Agreement, then this waiver provision shall not bar the party from qualifying as such , ~~-~~~ .. I~ - "'--, beneficary. 13. RELEASE OF CLAIMS. A. wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets ana liabilities pursuant to ~3502 of the Pennsylvania Divorce Code, and wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. B. Except as set forth in this Agreement, each party hereby absolutely ana unconditionally releases and forever diSCharges the other and her or his heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out . of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the 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 Pennsylvania, any state, commonwealth or territory of the United states, or any other country . C. Except for the obHgations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever - -'" ~J '~~~ffi,~ had or now has against the other. 14. WAIVER OF PROCEDURAL RIGHTS. This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting the marital estate. Both parties hereby waive the following procedural rights: A. The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have the Court determine which property is marital and which is nonmarital, and equitably distribute between the parties that property which the Court determines to be marital. D. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, or any possible claims not addressed in this Agreement. IS. PRESERVATIOO OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 16. FINALIZATIOO OF DIVORCE PROCEEDINGS. The parties acknowledge that wife filed a divorce action in the CUmberland County Court of Corrnnon Pleas on October 13, 2000 at Docket No. 2000-7078. Wife and Husband agree that their marriage is irretrievably broken and that it shall be dissolved ",,"-' pursuant to ~330l(c) of the Pennsylvania Divorce Code. The parties agree to sign Affidavits of Consent and Waivers of Notice, for finalization of the divorce, and deliver them to Wife's counsel within 10 days of January 29, 2001, which is the expiration date of the mandatory 90 day waiting period following service of the Divorce Complaint, or within 10 days of the execution date of this Agreement whichever oc=s later. 17. MODIFICATICLIT. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties. lB. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 19. BREACH. If either party breaches any provision hereof, the other party shall have the right, at her or his election, to sue for damages for such breach, or seek such other remedies or relief as may be available to her or him. The non-breaChing party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaChing party. 20. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach of any provision of this Agreement. 21. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Corrmonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 22. DATE OF EXElCtlTICLIT. The "date of execution" or "execution -,'.,-' ~ - 'i!:&,i'i'. ,....~. ~-=-, "~ ~ .~ _ ~ .J ,: l I jjJ date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties an the execution date. 23. JSe-J!'JSCT OF RECnilCILIATloo, CXlHABlTATloo OR PIVOOCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as Husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. 24. BEADINGS NC1.r PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and Subparagraphs hereof are inserted sOlely for convenience of reference and shall not constitute a part of this Agreement n~ shall they affect its meaning, construction or effect. 25. AGREEMENT BINDING 00 PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 26. ENTIRE AGREEMENT. Each party acknowledges that she or he has carefully read this Agreement, that she or he has discussed its provisions with an attorney of her or his own choice and has executed it voluntarily. This instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 27. AGREEMENT TO BE INCORPORATED BUT NOT MERGED. This Agreement shall be incorporated in a Decree of Divorce for purposes of enforcement -"^ -.", -~'~~IIliilItl;;,j. only, but otherwise shall not be merged into the Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WI'n!lESS WHEREXlF, the parties hereto set their hands and seals on the dates of their acknowledgments. I,)./~/oo J&:~ &b~ STACIE EDMISTON JEF~~ 4//J DATE /~J).J/o(j DATE . COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : BEFCIm ME, the undersigned authority, on this day personally appeared STACIE EIX'IIS'.l'ClI/, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and consideration therein expressed. \ . GIVEN LUNDER MY BAND AND SEAL Jlil OFFICE thi~/W) day of ~(ff /}1LVlr/.;J , 2000. /. / -:f ,U ~;t1 a: v. . 1Y :<~ Notary lic}n and for the..'~, ... Commonweal~f Pennsylvani:~:' ... /~ed or prJ.nled/n/ of NO~jY: L~/rl ): G-t/(?/Fif'/C r J t!r::ton~ I S,tJ 1" " I ChO'rj C T ( i' <', rl'':''::C' ! LL~___.______ .__._... __ . Mer:.!cs :--'(:;;1., ,~,,;;;,ji..,-,:,,- "<'0-_ ,:f.:'~'~:'J; "_~,_::,!.~ "'''''~ _"~.h~ ~ - OJMMONWEALTH OF PENNSYLVANIA COUNTY OF : . . ss. . I ".-., " -,j, : BEFCBE ME, the undersigned authority, on this day personally appeared .JEFFREY ~, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and consideration therein expressed. "l GIVEN UNDER MY HAND AND SEAL OF OFFICE this exZ/..z.;- day of ci/P (f .P./hr...b p).,,/ , 2000. ~ '-"" ' Notary Corrnnonwe th Oa;;r' U/1', and for the o Pennsylvania ed name of Notary: . /7. /,0 y,.j;-i,.'.. p ~ ~ ",., !,jnl,3ri:2:,";rc:i I Charhl:J '.' t';'I'_"''-;~''_~, " ~ I . ' ',~~" i 'r.' :;'1("' Mcc:~::'."~,;,:,, ," rv\' (-";f"'" '. - ,...: . ,: '~'~!:;;y r j Memb;,~;;~~.'~ ':~i:~ "~ss~:"~,--:~'~.:.';,~~:.~.._-J - - .. i Oi 1;0:,,;,::2 ; .~.. .. _j I: ; 1- , '. . 'J ~. .' . .~ ,,",-... / ~i~~~il~~JI'e!li\,.~b$<<'il-'j_h"-i"'lir1;l~"'~',;j"]/'1t.d:ili. ~~'6lf""'''''~' -~.~" ,"~_%""' <.~ _'^ .,"=1 '1rl> - -~ " ,.,""^"^~" o C ;;;""" ;:giG ~~ ~. ~~.. ~g ):o~tj :? ::;;i ,~".' 'J ~ ! fj J 'j 11 c;; r'l ':Fj -, ":""," ~.,~ '., f",J L) ::':'" :,.) (Tl '-_.! _~-i :n -< '--.l~r~ STACIE EDMISTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. : 2000-7078 CIVIL TERM : JEFFREY EDMISTON, . . Defendant : IN DIVORCE PRAECIPE TO TRANSMIT REOCtID To the prothonotary: Please transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under ~3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service signed by Defendant on October 30, 2000. 3. Date of execution and filing of the Affidavits of Consent and waivers of Notice required by ~3301(c) of the Divorce Code: By Plaintiff: Signed May 18, 2001: enclosed for filing. By Defendant: Signed January 29, 2001: Filed February 16, 2001. 4. Related claims pending: None. All claims resolved by Marital Settlement Agreement dated December 2l, 2000. t!J;o f)-I ~{'J /) I te ' Dawn S. Sunday, Esquir::J Attorney for Plaintiff ID #41954 39 W. Main Street - Ste. #l Mechanicsburg, PA 17055-6230 (717) 766-9622 _~lWIa)lj'I_h~~~~t1lfIJil~~iii!;j(,lligtli@l!J~"i,!",;;~~-le;<6",~-.~~M'-' " "~, ,""- "':iIIi" .~ ~&~.. " . ~~".~. ~ nb<' .~.~ i:1 '-1 i,i ., CJ l:;:;) c: ?f: -~ -r; -~ ,-,~-- ;!~, rn fj, -.< Z r:'-:' Z i-v 02-;':'- \''''.' j ') -<-.,-K... ~;l r-'--~ :-:j ;".--'-.-, "'" .....'>' ----,---j .J">C-'- -"'.. --) tS :SC': >" P-c Q ,. n ;;.:: w ::C;: :;;! :::J (j, -< ."~" J...-' .... ~~ I" ~, "-0'-_' ,_, .' "'~ . STACIE EDMISTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . 70 '7cP vs. . 2000- CIVIL TERM . . . JEFFREY EDMISTON, . . Defendant . IN DIVORCE . NOTICE TO DEFEND AND CLAIM RIGRl'S 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: CIJMBERLAND COONTY ClOORT H<XJSE, CARLISLE, PENNSYLVANIA 17013. IF YOU 00 Nor FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER I 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 00 Nor HAVE A LAWYER OR CANNor 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, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 TOLL FREE: 1-800-990-9108 ,~. ~~ .,~~ ~ ,~ - '-'. > .J..'~, <_', - -, STACIE EDMISTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : 2000- 7ny CIVIL TERM : JEFFREY EDMISTON, Defendant . . : IN DIVORCE DIVmCE CCI4PLAINT Plaintiff, Stacie Edmiston, by her attorney, Dawn S. Sunday, states the following in support of her Complaint in Divorce: I. plaintiff is stacie Edmiston, who currently resides at 870 Hawthorne Avenue, Mechanicsburg, CUmberland County, Pennsylvania. 2. Defendant is Jeffrey Edmiston, who currently resides at 660 Boas Street, Apt. 1006, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on June 27, 1992 in Crawford County, pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties. 6. Plaintiff avers, as the grounds upon which this action is based, that the marriage between the parties is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests that the Court enter a Decree of Divorce under Section 3301(c) or 3301(d) of the Pa. Divorce Code. Respectfully Submitted, ca....--LL~~ Dawn S. Sunday, Esquire Attorney for Plaintiff ID # 41954 39 West Main Street Mechanicsburg, PA 17055 (717) 766-9622 ,t;>"""". ." .. - ., " ' ''"' . VERIFICATIOO 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. ~4904, relating to unsworn falsification to authorities. DATE ~ IJ.., .9-000 ~Cd~ Stacie Edmiston ~~,jj' ..~ "'~i~61i1l~~!t~illiliillllf.;;.J..r~",,\'~!<f'lo~li~:'~Ud.l8:llril""'~""';""=-"~" ~ ~ ~;lIa_. ~ H_"~_ """"",,...- '" '.-....... ?,J ~ ~ ~ fi. ~ Crt ~ 9 .U) 0 c::.. . . c w 0 ~ (y -)', .... 0 ~ ;;= Cl O. lJU-'! ;-, D- C); lTir~":_! --j 2:~-. -.0 -_A 1-) { ?~!~- ~. fg0~.: L~; N -V ~ ~<:--. ~-o ( F V,. .__ ~~~, N '-- J ~ ...,-~ r:- -- -< '0 =0 -< " -, ~,= =. ,,>,,~ ,-. --"-' ,,~'= <'~',,~ -'", ,,~ In__,. ~ ,,, . "~ - .;, II~,~ STACIE EDMISTON, . IN THE OOURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. . 2000-7078 CIVIL TERM . . . JEFFREY EDMISTON, . . Defendant . IN DIVORCE . ACCEPTANCE OF SERVICE I, Jeffrey Edmiston, accept service of the Divorce Complaint. lalY/ t1 0 DATE ' , J~o( 0-/lf~ 660 Boas Street Apt. 1006 Harrisburg, PA 17102 U:ti't"-~.''"-u~ifT ~~~iltM'lfIi!W",~"-f!-_q;ilml!"--,,Jl;'~~~~JJk.lbff&i'mlt!ltr'*- --"'.......... - '~jj ~o ~,;_. -'-.. ""'~" " .. " " o r- ;p:: uaj mrr, ~~. c_ ~S ~ ~::... ...... -< c:) (~) 'f! :';:;-r.. -.f: N C",:: :,0 (n , " I . ,-^ - / STACIE EDMISTON, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. . 2000-7078 CIVIL TERM . : JEFF~ ;;:])MISTON, : Defendant : IN DIVORCE AFFIDAViT OF CCfiSENl' :' 1. A complaint in Divorce under ~330l(c) of the Divorce Code was filed on October 13, 2000 and served on October 30, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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 the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. b/l~/Ol Stacie ~ ~ plaintiff Date ~;~~~lfi'li!i~&;!~S;;;;&Il~"\~.f.lil"j~~f~I;f4llh'~'iI! """_liIiltl;jJ!i. ,=",,< "~..._,~". ~ . _~,~.o ,"__~" "_', ~_ _ ",""J<;\' _= .,~._, .,#> ~~.=,~'__'m~ ~ .~_ ~ ~""""""'li'l!J ~~W;~]r'fjcllliil!l _.."~ .-, < ~~." - ~ C' ,..,: '- <- -r~::;';~ ...g:."". ' , ! r~" Z:C' :z: r.. (oj', -<.:;' ~C! ~8 --:;; ...c:::' =< co C:J -:j -. :c~ .-.':': 1'0 C') "-:..! -',"" -...::~() ''',." ';--:~~'(~ c5i....1 i:~ ':0 -< ;p." w en ~~ ~- " ~ .; "~ 'Co, , . STACIE EDMISTON, : IN THE OOORT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . 2000-7078 CIVIL TERM . . . JEFFREY EDMISTON, : Defendant : IN DIVORCE WAIVER OF OOl'ICE OF INTENl'ItN TO RJQJEST ;. EI!l'mY OF A DIVCRCE DECREE UNDER i3301(c) OF THE DIVCRCE OJDE 1. I consent to the entry of a final decree of di vOl:ce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyel:'s fees or expenses if I do not claim them before a divorce is gJ:anted. 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 afte.r it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understnad that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. 5!/tjol Date . ~ ftl~ Stacie Edmiston, Plaintiff ~tl!~_;!)~li!!.ili!;},ijMJt~:JI!i~lI'<~l.im'iili:f.f.kr~ili_1''.,~Jll.'Il>!lL(~-~'$l~~;fi1~iiIliHlil.~~~iI&II~~~.. ~~ .1 <'"--"'~ . ~,~~~~- --"". ~'" "~ -~~ .'=- () C :;;:c -oCr: mr'" Z 'c -'J zF.-, cO::::"'- -<=-~~: ~C:J "> ~-..r, t~C; Pc, Z -::;J ,~. . c: ~) ~ _k~ ~--" ,......,,: f0 c'.! -;i'-;'; 0;')-(-.::1 ;::.'" _d {~~) w ,,") ~~;~.~i ~..;:::; :iJ -< m -",,-,,", ~ -j,. , STACIE EDMISTON, : IN THE OOORT OF OOMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. . 2000-7078 CIVIL TERM . . . JEFFREY EDMISTON, . . Defendant : IN DIVORCE AFFIDAVIT OF <nlSmT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on October 13, 2000 and served on October 30, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably bl:oken and ninety days have elapsed from the date of service of the Complaint. 3. I consent to the entry of a final decree of divol:ce aftel: service of notice of intention to I:equest entry of the decree. 4. I understand that I may lose dghts concerning alimony, division of propel:ty, lawyel:'s fees or expenses if I do not claim them before a divorce is granted. I verity that the statements made in the Affidavit are true and correct. I understand that false statements herein al:e made subject to the penalties of 18 Pa. C.S. ~4904 I:elating to unsworn falsification to authori ties. (/~1ftl Date I ~~- " ",--J,-Wl'!';'- ~""'-"""..I ':'ll'!iliIi!I;LW~ililif"'~~'~~~JTIi';"~~j\j,If1.#'~~lilliJtdi~~Mfllr~'i!JI_iIIlM_ilf'" .~ 'ti!lt.," ~ .- "1.....'- -Il~< - " "0" c,_" 0 0 c: s: -n -c CD I~'-; , rnc~ C:J '~. Z._l tsS;.. CP C) :O;p. 1.,..- __,' ~-o , ~::J.. ;::;-S :;;,......, 'C . ~C) :;; i:s.rn J?e: '.-1 Z -.'-.. !,J "-0 ~ .r;- -=< . - t",!vrlll.~""'_ STACIE EDMISTON, : IN THE OOORT OF OOMMON PLEAS OF plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. : 2000-7078 CIVIL TERM : JEFFREY EDMISTON, . . Defendant : IN DIVORCE WAIVER OF OOl'ICE OF INTENTIOO TO RJQJEST ENTRY OF A DIVCRCE DECREE UNDER i3301(c) OF THE DIVORCE OJDE ,t, 1. I consent to the entry of a final decree of divorce without notice. 2. I undel:stand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divol:ce is granted. 3. I understand that I will not be divol:ced until a divorce decl:ee 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 understnad that false statements herein aJ:e made subject to the penalties of 18 Pa. C.S. H904 relating to unsworn falsification to authorities. I /~q# I Date' I ~~ ."(f"........'~"';.;~~.~<'kIill~~~~~~~~~il~~,-~llirit"'1 :mlll '~'~ il , '~" '\ " ,-" \ ".' . '\, '~: , \'- - .:......" _. ~lilii)Jl,A> !o.~""" () ':::J c:; $: "', ~[f.: "q so :2: ,. co:::. G" r':P ::::: .... .iv---......""'- z'-..~ 5>~~ . , ..t :'3 ;--,-, -:tor ~':::J -<- .,... -< \ . ,~. ~ ~ "'. ...1 ",.~.) ,I';,~ . . . .. ~ ~~~ ~~~ ~ ~ ~~~~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY STATE OF PENNA. . . STACIE EDMISTON, . NO. ::>OO!1-707A Plaintiff . VERSUS . JEFFREY EDISTON, ~fp,nn~nt- . . . . . DECREE IN DIVORCE . . . . . AND NOW, , ::>OOl , IT IS ORDERED AND . DECREED THAT Stacie Edmiston , PLAINTIFF, AND Jeffrey Edmiston , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . _f,.; "'H.."" ~ ~ ~~ ~ . . . . 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; . None. All claims resolved bv Marital Settlement Aqreement dated December 21, 2000, the terms of which al:e incorporated but not merged into this Decree for enforcement purposes only. . By THE COURT: . . . . ATTEST: . . . PROTHONOTARY . .. . . . ~ 0f.0f. Of. Of.:+; ~ ~ Of. Of. Of. ~ ~ Of. ,,' ,.,,., ,., ,.,;t: ",'" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . .