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Home My WebLink About01-03130 " ,(-,> '. . Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 LAURIE M. EGGLESTON, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-.)1&0 C/t,)~L '- /tf.lLl-V\;J WILLIAM H. EGGLESTON, Defendant : CIVIL ACTION - LAW : 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 judgement 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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 LmERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 :~ ,'., :~",,~.-,'-' ':-~-'- < ," "- >-," " ;', ':'-"'i'"'" -"_,~~'i.,,.h,' "."""i/ ,-,,'^' '. Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717)774-1445 LAURIE M. EGGLESTON, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 01. 3/30 ~ J..u-- WILLIAM H. EGGLESTON, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Laurie M. Eggleston, an adult individual residing at 910 Wakefield Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is William H. Eggleston, an adult individual residing at 910 Wakefield Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on April 7, 1979 in Atlanta, Georgia. 5. There are four (4) children born of this marriage with only one child being a minor, namely, Ian W. Eggleston, born September 20, 1986. 6. The parties separated on May 3, 2001. -, ^"""';""'~- .',; 'c _~" ~ __' :J- '_c~" ,- ,.,'_,,;;:,; ,'c" """,-cy__"". ,-_:-;,,,"i,-,",. "".,.;-'\,' ":~;~,,,_--~':,;j,,; :'i,';;,;i,,_,_~___ -~'-"JM", " 7. There was a prior action for divorce or annulment between the parties, filed in 1998 in Cumberland County by Plaintiff, which action was withdrawn in March of 1999. 8. Neither Plaintiff nor Defendant is in the military ornaval service ofthe United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NOFAlJLT 10. The averments in paragraphs I through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. II. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with S 3301 of the Pennsylvania Divorce Code. INDIGNITIES 12. The averments in paragraphs I through II, inclusive of Plaintiffs Complaint are 2 ~< ",",'", - , ' ,-_~, l~ . -.,-,,__ ,"'. , '~',.,r ~,~,,' '__",' ,_ _ '",-."""...:-,,-.,- -:"-'<':';':>.;-'---' "~ :_:.>; '. incorporated herein by reference thereto. 13. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT II EQUlT ABLE DISTRIBUTION 14. The averments in paragraphs 1 through 13 of Plaintiffs Complaint are incorporated herein by reference thereto. 15. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401 (d) of the Pennsylvania Divorce Code. 3 .. c. "',-- , I, ._,' "_'-<"W"~O'"'; 'bo;.;" -,~, <S' ",-:"_;-:,~,, ':'.,--O'~',",',;' . ;: .:UU,,~ ~Ii:; " COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 16. The averments in paragraphs I through 15, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 17. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT IV ATTORNEY'S FEES AND COSTS 18. The averments in paragraphs I through 17, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 19. Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. WHEREFORE, Plaintiff, Laurie M. Eggleston, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; 4 ~, , - ~" 1-, _<~" "',u "'~ "'" '~c 2,~ _; ~< ,-, _.,c': ,_,,:- ,_~.- ". B. Awarding Plaintiff support, alimony and alimony pendente lite; C. Awarding Plaintiff counsel fees, costs and expenses; D. Equitably distributing the marital property; and Dated: Maye-, 2001 E. Awarding other relief as the Court deems just and r // / Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court J.D. No. 32317 5 o'v"c'C """"0, :.k-';'.,';" - "';1--, - ," - ,'- -.',-; 0' ,~--l: ,;'""" '-' ,. ,-'~ ,--,.' -', - 'rl ..:~;~ -'dj : Barbara Sumple-SulIivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717)774-1445 LAURIE M. EGGLESTON, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. C>I_ 3/30 C;xJ -r..t..u<- WILLIAM H. EGGLESTON, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT RRGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: C/71J b 3 ,2001 DfhlDl/l O' Vlz 'p~(1/)~ LAURIE M. EGGLE N ,---"-,,, . ",~,", -", 'i''I-;'!;'' - --'-':--;'-"_<',""- - ".~_ _,4(" "~--:'::--:;,';~:.C.~~_:,)~,_,~~,~j'~:(':-_ -:;/-{-:4~"..::' ""',- . < . , Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 LAURlEM. EGGLESTON, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. WILLIAM H. EGGLESTON, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, Laurie M. Eggleston, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: lfYp if ,=?, ,2001 ~jjftjO~ 1frl.8fP~ Laurie M. Eggleston "-,,,~~ "M~,~ i,_', '" "~<-" . ',~ ,_"c" d'"_ '-'=' ~. .. , Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 LAURIE M. EGGLESTON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY , PENNSYLVANIA v. NO. 01-3130 WILLIAM H. EGGLESTON, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint in Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 70000600002838925022, Return Receipt Requested, on the above- named Defendant, William H. Eggleston, on May 29, 2001 at Defendant's place of employment: clo Wanco, Inc., 5870 Tellllyson Street, Arvada, Colorado 80003, Said Complaint was served at Defendant's office and signed for by his agent or person at the time being in charge pursuant to Rule 1930.4 of the Pennsylvania Rules of Civil Procedure. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are Dated: June 6, 2001 ~_ '-1e-SW\i'.... E"IIDre 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff subject to penalties of 18 Pa. C.S.A. ~4904 relating to unswo / r'~="'"- > I1J I1J C LrI ARVADA CO 80003 M,I IT' <I m Postage $ Certified Fee oo:J I1J C C Return Receipt Fee (I;ndorsementRequlred) R~trjcted Delivery Fee (Endorsement Required) ,,' . $1.50 $0.00 $ $3.95 t;;I o i: .1;."_6:.W1!~~'..C/~~~~.~~~~d_b~~'ue"_________...._______ c S, A9.t~dBO~ '-. IV Tennyson street g '1:~~f'-05--"'Il(YaO:r-''''-----------'--'--'-------------'''''-------- f'- Total Postage & Fees '"' . ~-_~""'~' >':-', ," ~"-:r-'''-'''-'~''-~''--?'' S 1,2, arid 3. Also complete if Restricted Delivery is desired. .' ur(-name and address on the reverse '~J\IilIt we ca~ retumthe card to you. .','~i1 this card to the back of ~he mailpiece, ,~r'GIiAithe front if space permits. --- I 1.: -~ Addressed to: ,..William H. ~leston ""....._"""" me ;~;-~'tUJ, " . .lV~ street ~. 3'{OO 80003 ,,,~ 1I!r ,1< Is deli ry'address different from item 1? If YES, enter delivery address beJow: ,f,--:' '" D~ D' .' DiM D'1ik> 3. Service Type w.certified Mail 0 Express Mail o Registered 0 Return Receipt for Mem~_18e o Insured Mail 0 C.O.D'- 4. Restricted Delivery? (Extra Fee) ,c-',,_"::" ' , '\21 l!iiIi.,e Nwmber (Copy from ,ervice label) 7000 0600 002 't t '~-'1.~..-. 'li\OI'll>Ofl~ ~!'lum Reoe;pt ~ i - ,'"' ')" c" " , , ~ \ I j q 1 i." : i:, ,i I ~ f! ' t .__ _ . 892 5\:)22 EXHIBIT IIAII 102595-_.0052 i --~ " -~ -' '" -' ~~~~:k;i , r -~ ~ ~ 1,--", -.- "l ,- " ~,_j ,~-;,' ~ '~,~!>. Johnson, Dnffie, Stewart & Weidner By: Keirsten W. Davidson J.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant LAURIE M. EGGLESTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3130 CIVIL TERM v. CIVIL ACTION - LAW WILLIAM H. EGGLESTON, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on May 22, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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 18Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: g. 3D -O~ ej{CUOf L~ ltrz .f~ce~ Laurie M. Eggleston, Plaintiff :161896 ~O&idJ;-"';P~' ~~*i!!lI;ij@UI1i:~iWi~W~I&ilI$~'I-J~-.... ....-'~~~i~~~~ii\la"~!~r'-+~~'-"~~"""""""~-""'" "" I ~, .,~ O~ ~~,- ,,",' o c <" '"1:)(T~ qJG 2 en -' ~:: ;C;:c ~.- >'r'-.C-' '7 :::'1 -< ...... ~ ~i'i '~r ~I " "' fi i i , , j",..; r, , ' -'i'1 i:/) ~1 --0 (;r) ;ijc3 '-.) C:~I ,~'~~; ~~ -.::>c:; ,::':;(1'1 :_--1 ,r;.~ ::g -, - h' ~ '" '" ,l, '.' ,'~. ,,""=' -,,"-' "~', ~~, Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson J.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant LAURIE M. EGGLESTON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-3130 CIVIL TERM v. CIVIL ACTION - LAW WILLIAM H. EGGLESTON, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18Pa.C.S. 94904 relating to unsworn falsification to authorities. Date:6' 3o-acQ ~. ~ i' j/uiJ '121, \~d'(1 .' \ . Laurie M. Egg eston, Plalnllff :161896-2 ~~~~~I"~M~llM~-.ilflbi!!li~-""-O,~t;"'''if~*.g~~~i!!;M,l'l~~-,jy~ " ~-~""'''' '.' w_ .lo.illiil ~ = -, o ~~f -;.-~' ",,:::. ; 2:ru, (~!,},-" !~ Z; .-.; 1'''-> {.t") Pl --0 c:o -cJ ".) ",-- ',-' -I c.1 ~ I r! 'I " 'i II II II I, 1 i i i - ~...i..."'_ ~ ' '~-','r" 1 '"", r,', ' "'< , -- ,!It,,,,,,;~ Johnson, Duffie, Stewart & Weiduer i By: Keirsten W. Davidson LD. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant LAURIE M. EGGLESTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3130 CIVIL TERM v. CIVIL ACTION - LAW WILLIAM H. EGGLESTON, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on May 22, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. 94904 relating to unsworn falsification to authorities. Date:~ "..... ) -:LOo~ ~- '- --=--- ~ ~~ ~ William H. Eggleston, Defendant :161896 kif ,-c,~,: ~~~!ild~~~ ':'ti[;;lil'~>il'ilfi-W!~-jll!l'~hl_:"'O' ~_llIiiiililtP'~ ~l~ . ~ . o ~.; ~f~ ~(~-' ~c: ",""n PC:. :z; =< ,. ,~, .1"') -'I --,) CD 'V {;::J - , ;.:~ e _.0 -< . 1,-' " - ,,_ "1 ~,,,.. I , L', ~:iIii~","" Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson LD. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant LAURIE M. EGGLESTON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 01-3130 CIVIL TERM v. CIVIL ACTION - LAW WILLIAM H. EGGLESTON, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c} OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date:~ "" 2...0 d"2- ~~~ 5~ Willia . Eggleston, Defendant :161896-2 :~~~1.b~!l,~iliillifiillliliilifj~1 ,~"=,=","r;~g,,dllili!l~'iIlii;Wiiliir<i~~i'iinw~"""'''';-~' ~n. _~I .....:._~~ ~ - () ~ ~ff z: (/) -~::' ~( ]:;', --~ ~(~;; ,,..... c:.- Z ~ " t.! I: !,! ,i , j'i II II 11 il 'I i1 I: II I C:-:l [',,) :./J "; --0 ce' 'J C) ~ IT ~, .......... , --,- , MARITAL SETTLEMENT AGREEMENT j.. , THIS AGREEMENT, is made thisYo1-day of 1&.", 2002, by and between WILLIAM H. EGGLESTON, herein referred to as" HUSBAND", and LAURIE M. EGGLESTON, herein referred to as "WIFE". Witnesseth, That: Whereas, the parties hereto are HUSBAND and WIFE, having been lawfully joined in marriage on April 7, 1979 in Atlanta, GA.; Whereas, four children were born of this marriage with only one (1) child, Ian W. Eggleston, born September 20, 1986 presently being a minor; Whereas, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship, or otherwise, to include; (I) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to future support or maintenance of their minor child; and! or each other; (3) the settling of matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. 8/28/2002 1 .Jii" Mm.: . ~- ~ " "~,,~." ="',~~, ," ~ -"".-", , [ iW'~' NOW THEREFORE, with the foregoing recitals deemed an essential part hereof and being hereinafter incorporated by Reference, in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION 1 GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their choice. WIFE has been independently represented by Barbara Sumple-Sul1ivan, Esq.. HUSBAND, who is cognizant of his right to independent legal representation, for the purposes of preparation of this Agreement only has voluntarily chosen to represent himself HUSBAND and WIFE have both voluntarily agreed to negotiate directly and privately with each other, and to jointly draft and edit this document for submission to review by legal counsel prior to submission to the court. Each party further declares that they are executing this Agreement freely and voluntarily, without any fraud, coercion, duress, undue influence, or collusion, and intend to be legally bound by the same. 8/28/2002 2 -"~~ ~ ,", ~'u' ~"'jf"""~' I 'ii;j~,II/l.t.';i.~.:yiY' 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times after the issuance of a complete and final Divorce by the Court of Cumberland County, Pennsylvania, and the simultaneous execution of this Agreement, live separate and apart. Each shall be free from any and all control, restraint, interference or authority, direct, or indirect, by the other, or their representatives, in all respects as if helshe were not married to the other. Each party may reside at such place, or places, and in the manner chosen by the party there residing, as he/she may select. Each may, for hislher separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him/her may seem advisable or necessary. HUSBAND and WIFE shall not molest, harass, or malign the other, compel the other to dwell in any manner with him/her, nor in any way interfere with the peaceful existence of the other, separate from each other. 3. FINANCIAL DISCLOSURE The parties have not disclosed to each other the extent of each other's income, assets, liabilities, holdings or estate, nor does either HUSBAND or WIFE desire those facts to be considered in either this Agreement or a final Divorce decree by the Court. This Agreement is being entered into by both parties with each being knowledgeable of and willfully and intentionally waiving their respective rights to seek discovery including but not limited to, written interrogatories, motions for document production, depositions, and other means available through the Pennsylvania Rules of Civil Procedure. 8/28/2002 3 """ d~'__ ."" ~ , 'O~~'jjjfllit,~""""",,,,;, -;.ll>1<:U:I.~.&" The parties acknowledge that by waiving their rights for discovery they chose to not have their joint property appraised and have instead agreed to a disposition of all property separate from this Agreement. Each party is fully satisfied that no additional information or division of property is necessary for the execution of this Agreement, and that neither party shall be entitled to overturn or challenge this Agreement based upon lack of such disclosures and/or after acquired information. 4. MUTUAL CONSENT DIVORCE Both parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended, and will execute the documents necessary to effectuate a divorce under those provisions concurrently with this Agreement. It is the intention and expectation of this Agreement that the issuance of a complete and final Divorce decree by the Cumberland County, Pennsylvania court and the implementation of this Agreement shall occur simultaneously. 5: SUBSEOUENT DIVORCE A Divorce decree, entered by the court of Cumberland County, Pennsylvania, shall not suspend, supersede or affect the terms ofthis Agreement. The terms and conditions of this Agreement shall take effect upon the signing of this Agreement by both parties thereby accepting this document and its terms. There shall be no modification or waiver of any of the terms of this Agreement as stated herein unless the parties mutually declare in a signed writing that this Agreement or any of its terms to be null and void. 8/28/2002 4 < ."'" '" "~.. , ittr;'::, Upon the mutual signing of this Agreement both parties shall immediately and simultaneously execute the necessary documents to secure a complete and final divorce decree from the court of Cumberland County, Pennsylvania. The documents of both parties shall be presented to the court, on behalf of both parties, by the counsel of HUSBAND, at his expense. Both parties agree this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or Divorce decree. 6. OTHER DOCUMENTATION HUSBAND and WIFE agree that upon the written request of the other party they will immediately execute and deliver to the other party any and all written instruments, assignments, releases, satisfactions, deeds, notes, titles, or such other writings, as may be necessary for the proper and legal effectuation of this Agreement. Only pertinent documents shall be bound by this requirement. It shall be incumbent upon the requesting party to provide the other proof of such relevance, need, and definition of such documents. The requested documents must and shall be delivered to the other party within fourteen (14) calendar days of such valid request. 7. MUTUAL RELEASES Except as otherwise expressly and specifically provided by this Agreement the parties agree to and shall be bound by the following general releases in this section; 8/28/2002 5 - ,~ - ~ ...J ~ " ~ , """"" ~,~, -' ~--~-"""""""<-,>".-- A. Each party for all purposes, hereby absolutely and unconditionally, releases, and forever discharges the other and the estate of the other, from any and all rights and obligations which either may have, or at any time hereafter have, for past, present, and future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, or any other right or obligation, whether arising out of the marital relationship or otherwise, except as specifically set forth herein. This release includes all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments. All rights herein regarding breach of Agreement shall be excluded from this release. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party absolutely and unconditionally releases, and forever discharges, the other, and hislher heirs, executors, administrators, assigns, property and estate from any and all rights, claims, deIDlffids or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. C. Except for any cause of action for Divorce which either party may have, and the obligations and rights of the parties as are expressly reserved herein, each party gives by the execution of this Agreement to the other 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 had, now has, or may have in the future against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as provided herein, be binding upon and inure to the benefit of the parities hereto, their heirs, executors, administrators, successors or assigns. 8/28/2002 6 ~ ri - ~~ l",_,"_ " I ~ ,,,," '" ~-';"";"';";,,<, 9. SEVERABll..ITY If any portion in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby warrant that this Agreement contains all representations and Agreements made by either of them to the other for the purposes set forth hereinabove; that there are no claims, promises, or representations not herein contained, either oral or written, which shall or may be charged or enforced, or enforceable, unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENT / WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement, or the failure of a party to perform according to the requirements of this Agreement, shall not be construed as a waiver of any term or requirement contained herein. 8/28/2002 7 '-=~..,," ,~~ " . ..:-J;;". ~_""""""""__'~'_'-'~;' 12. BREACH If either party breaches this Agreement, the other party shall have the right, at hislher election, to sue for enforcement, damages, or to seek other remedies and relief as may be legally available to himlher. The costs of such legal action shall be borne by the party taking the action. If it is determined by a court that there was in fact a breach of Agreement and that such breach, by either party, was willful and intentional, the breaching party shall then be responsible for payment of all reasonable legal fees incurred by the other party in their attempt to enforce their rights under this Agreement. The definition and approval of what would constitute reasonable legal fees shall be detennined by the court making the decision on the potential breach of Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. SECTION IT EQUITABLE DISTRIBUTION The parties have accumulated various assets and liabilities in the course of the marriage, the disposition of which is agreed to, intended, and shall be as follows: 8/28/2002 8 ,-~ ~ ~d ~~ - - ~ "~< ~ ....-""'~'llIiiiiiIillfjilo:~-I"',.........~~~.-" . ,- "._~,~~,"'_ 1. ASSETS A. PERSONAL AND HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-marital, marital, and personal property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND agrees that all assets set forth on Exhibit 2 shall be the sole and separate property of the WIFE, and WIFE agrees that all assets as set forth on Exhibit I shall be the sole and separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce, and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other party. The marital home where these items were kept has been sold and the items in the attached exhibits have been moved by WIFE to multiple locations Those items shall be made available to HUSBAND upon his request. HUSBAND must make arrangements to independently secure and physically remove those items from WIFEs possession. HUSBAND shall retrieve those items within 60 days of the signing of this Agreement or he shall forfeit any and all claims to such. Additionally, it shall be the responsibility of the WIFE to maintain the listed items in good condition until they are retrieved by HUSBAND. WIFE shall not damage, dispose of, or alter in any way those items intended by this agreement and its attachments to eventually be returned to HUSBAND. 8/282002 9 ~.J [' "~"t{!o: B. REALESTATE 1. Marital Home The joint property previously occupied by the parties at 910 Wakefield Ave. Mechanicsburg, Pennsylvania has been sold on July 24, 2002. Net proceeds from that sale have been issued in the form of two (2) equal joint checks, naming both parties on each check, with each check totaling NINE THOUSAND ONE HUNDRED SIXTY ONE DOLLARS AND FOUR TY CENTS ($9,161.40). Both checks are being held by WIFE. Upon the mutual signing of this Agreement both parties, or their representative. shall co-sign both checks and one (1) check retained by each party. or their representative. for their personal and private use. This distribution of funds shall be the complete and final distribution of all joint real estate holdings. 2. Other Prooertv Both parties hereby acknowledge and warrant that they hold no legal interest of any kind in other real estate, including options, ownerships, or agreements to purchase. C. MOTOR VEmCLES There are four (4) vehicles existing of the marriage; Vehicle # 1. HUSBAND shall have sole ownership of and financial responsibility for the 1999 Dodge Ram 2500 truck currently registered and encumbered solely in his name. Vehicle #2 WIFE shall have sole ownership of and financial]esponsibility for the 1999 Pontiac Grand Prix currently registered in both names. As part of the final arrangements HUSBAND shall sign title and relinquish any interest, financial or otherwise, for this vehicle and thus be indemnified from any recourse associated with said vehicle and shall be held harmless from any and all obligation for this vehicle. 8/28/2002 10 - -- '--~- ~ ,'j if "'''''.'m l~ 1..,"'1'.'\" Vehicle #3 HUSBAND voluntarily waives any interest in, all rights to, and shall be indemnified and held harmless from any and all financial responsibility involving the 1992 Chevrolet Corsica currently registered in WIFES name. Vehicle #4 The 1995 Chrysler Cirrus is jointly registered in the names of both parties. Vehicle is fully paid for and title is physically held by WIFE. HUSBAND shall relinauish all financial interest in and physical title of this vehicle to WIFE. D. FINAL ACCOUNTS All joint bank accounts have been closed and the proceeds shared to the satisfaction of the parties. Other separate and private banking accounts belonging to each individual party exist and both parties waive and renounce any claim to any information regarding or the contents ofthe accounts of the other party. E. EMPLOYMENT AND RETIREMENT BENEFITS Neither party has employment retirement benefits, 401(K), pension, annuity, IRA, Of any other such account, the other parties wishes to be considered in this Agreement, or any final Divorce Decree. Both parties knowingly and willfully, waive all rights to any and all participation in retirement benefits of the other whether vested or unvested. . 8/2812002 11 ""..' ~","- '~~. ". ~_", ~d .. .,~'" ""'w,' """\i%l",-,i.j,~"'''',-''L__ 2. DEBTS The parties affirm no joint debts exist. Each party represents 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 except as otherwise-provided herein, 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 indemni1Y and hold harmless the other from and against all future obligations of every kind incurred by them. 3. TAXES For tax filing for the year or 2002 both parties shall file all returns separately from each other and shall be individually separately responsible for their own personal taxes. Dependent deductions (4) shall be shared equally by both parties, 2 deductions each. HUSBAND shall have the right to claim all of the allowed deduction for home mortgage interest for the 2002 tax year. HUSBAND may choose to divide said deduction and share its use with WIFE but shall not be obliged to. 4. LEGAL NAME Simultaneously with this agreement WIFE shall initiate the process of relinquishing use of the family name Eggleston. WIFE shall accomplish this task at her expense and shall complete this task within whatever minimum timeframe as is dictated and allowed by the court process required. WIFE shall be free to chose whatever name she desires to use with the exclusion of Eggleston. 8/28/2002 12 > I "= , ~'-'--,~ L . ;'-.d',_'_~ ""'''tl~lj~.i>;' p.2 5. LEGAL COSTS Both parties have negotiated the tenns of Divorce and this Agreement in good Faith, and believe it may be in their respective interests to utilize legal counsel prior to its submission before a court. Therefore, each party shall be free to chose their own counsel and shall be individually responsible for the costs of their own respective legal counsel. Except as is provided for and agreed to herein neither party shall be compelled nor required to pay any legal costs incurred by the other. SECTION m CHILD CUSTODY, SUPPORT, and ALIMONY 1. CUSTODY The parties agree that they shall share legal custody of their son, Ian Eggleston. At his voluntary prior election, that child shall initially reside with the WIFE in Mechanicsburg; Pennsylvania so as to continue his attendance at Mechanicsburg Area High School, where he is currently enrolled. Should the child decide, of his own free will, he wishes to change residence, and primarily reside with HUSBAND, such a change shall be allowed and arranged by both parties. Visitation shall be when, where, and in the manner as the child, HUSBAND, and WIFE can agree. 2. SUPPORT / FORMULA The parties agree the amount of child support to be paid by HUSBAND _shall be FOUR HUNDRED FIFTY DOLLARS ($450.00) per month. The support payments are to be made directly to the custodial parent and shall begin immediately upon issuance of a complete and final divorce decree. Should a change of custody occur support payment amounts and specific arrangements between the parties shall be redefined and recalculated. 8/2812002 13 - I~~', p.3 The purpose for, and expected use of, financial support paid to the custodial parent is specifically and solely for the upkeep and benefit of the child. Though not normally required by the court but included as a part of this contract, records as to the management, balance, application and use of these funds shall be maintained by the custodial parent and made available to the other parent 30 days after such request. The custodial parent shall not be obliged to supply this information any more than once per Quarter or at the request of a court in the matter of a dispute. Suspected misapplication of these funds may be challenged as a breach of this Agreement per the method described in SECTION I #12. 3. ORTHODONTICS Orthodontic treatment has been begun for the parties minor son, Ian Eggleston, by WIFE. Treatment began on or about August 23, 2002. The initial down payment of TWELVE IruNDRED DOLLARS ($1,200.00), shall be paid directly to the provider, its amount shall be equally divided, and shall be the equal and joint responsibility of both parties. Payment of the down payment shall be accomplished in this manner; (1) Upon signing this agreement and along with presentation ofit to WIFE HUSBAND shall provide to WIFE a personal check payable to the Orthodontics provider due on Sept. 10, 2002 for SIX HUNDRED DOLLARS ($600.00). (2) On or aoout Sept. 13, 2002 WIFE shall present HUSBANDs check of SIX HUNDRED DOLLARS ($600.00),_payable to the Orthodontic provider, to the Orthodontic provider along with her personal check also made out for payment to the Orthodontic provider in the amount of SIX HUNDRED DOLLARS ($600,00). 8/28/2002 14 -~ - ,.'. "~ (3) WIFE shall at the time of making the down payment obtain a receipt of the transaction and forward it to HUSBAND via US mail within two (2) days. Dental insurance benefits if claimed and/or paid for this treatment, shall be paid directly to the provider for application to the account ofIan Eggleston by the party receiving the paid benefit. Such payment shall be made within 14 days of receipt of such funds. HUSBAND agrees to pay the full balance of this treatment, less the required down payments as stated above and the insurance reimbursement(s) to be applied as stated above. 4. ALIMONY. ALIMONY PENDENTE LITE. SUPPORT & MAINTENANCE Both parties acknowledge and agree that the provisions of this Agreement providing for the distribution of marital property are fair, adequate, and satisfactory. Both parties accept the terms of this Agreement in lieu of and in full and final satisfaction of any claims or demands that either may now, or hereafter, have against the other for support, maintenance, alimony, or alimony pendente lite. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any further payment for past, present and/or future spousal support, alimony, a1iinony pendente lite, or maintenance. 8/28/2002 15 " ~~;Ojj~l;'iitl;'llM'ilW-jJe(;.d' p.4 ~,~~- " .......~; ~. ,.,1 "' """'''''- ~"'" -:..lllilll..:Jl!mmk;I,K . , EXHIBIT 1 Household items to Wm. E221eston Large reclining chair Mickey Mouse picture Refrigerator Wrought iron lawn table and chairs Lobster trap Air bed and frame Credenza Personal items Antique stereo High back metal/wicker chairs (4) Bakers rack shelf Antique sled y:, kitchen utensils Weather glass "Egg" statuettes ( 2, group of 6 and single in chair) New Electrolux vacuum Bose wave radio Freezer VCR y:, VCR tape collection New HP computer MOl surround sound system Harmon Kardon stereo JBL surround sound system Gas BBQ Grill Desk Garage Tools, utensils, and work bench Lawn mower EXHIBIT 2 Household items to Laurie E2l!leston Dining room table and chairs Washer and Dryer Both couches Small wicker table in living room y:, kitchen items including bread maker All lamps Christmas decorations Small knickknacks sitting out Trunk and Antique icebox in Family room Personal items Bedroom furniture (except bed) Bamboo rocker Mirror and picture in living room All Tvs Bicycle Christmas Village House collection Diamond Tennis bracelet Wedding rings ~-- ~ , ... ~ . ' -~" ,. ^ ~I ~ ~ -', ." ~dlJrlf~;jgffl,il!lillM!8;,;i- SECTION IV 1. CONDmON PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties agree that this Agreement shall become effective upon its notarized signing by both parties and that such action shall initiate the procedures necessary to accomplish the granting of a complete and final divorce decree by the Court of the Commonwealth of Pennsylvania . .~~ ..-e- WILLIAM H. EGGLESTON (HUSBAND) -:-> ~).A 1'-1 ~4. 1 v);J(~4 V'riE,~, TNES LAURIE M. EGGLESTON (WIFE) 8/28/2002 16 COUNTYOF (:455 ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared WILLIAM H. EGGLESTON, who being duly affinned according to law, deposes and says that the facts and matter set forth I in the written and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, infonnation , and belief '" Mil ,"'""il.", 10 bclb"m'~,: ~ .~ Q STE~b, ,'. !:leRHY ~ ' ~ WJiIlRY f\;B:.ji~I~EOO1I\ My Col""",,<<"; "i>%' JAN. i\1, i'lll5 '$f.>.~,~.,,"'-'i,""''''''''''''''''''''~ s: i.3 r/2<...'6<; (SEAL) .~ '. ~-~ .." M__C "'""-"~ ~"'-'-" - ~''''''''' ""='~,'o'~'fi!5k:ll-j'dJo.~"'~ COMMDNWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared LAURIE M. EGGLESTON, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the written and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information, and belief 'J .d. If Affirmed and subscribed to before me this':;O day of f,it{;, ,2002 tl1 .n, Jet NO ARY PUBLIC ' My commission expires: (SEAL) d' ":'H:II",,, ..,;>,1..' ,"\ . .~ c ,'. . . ~' ,'.~ [-" . ~ , " NoI8IIaIS... KrisleC K. Myers, _IV Public lemoyne Bom, CumbaJtand COunty My coinmJsslon ExpIres Dec. 2, 2002 Member, Pennsy1V8nla Assoclatlon of Notaries ,'" . ~ '" . . ,.J.,) 8/28/2002 18 ;';'-,'c;i, _ "~1~~~,H.;;'.!'llikl'ij~L"':QiA"'&-;;;,"""T&i>"';~~~~;;"""""~--"~'"'r,L""." -":"'"':t'!i"'!"-'l",:-\!~~~!iiJ~~~~$~'-"; "," ",---, ,"'~-~ ~ "N,. ,~,,,","~ _ _,~N _~ ~,"m..~'" "'."....~J,''''''''' ~~ ~, ~_'..e_ _ " ,,= -~ . ~ ~I ,- "" C) S-~ < ,-;<[ ';: ~'=( (I) . c::c~, ~s~ :-:; -< :;") '-, ;j (, , I t'i ~.:::.) , '. ''V (::J ~o -< ~-<: ~ """ "~ _J_ "', ~.- "''''''''"~''''''''''''''''-"'-~''~'''~'\lI;n;lJ>IbIlli'''l!'d''''''~~d~i'; . LAURIE M. EGGLES'ION, Plaintiff IN THE COURT OF CO<lMON PLEAS OF CUMBERLAND COUNI'Y, PENNSYLVl'.NIA NO. 01-3130 CIVIL TERM IN DIVORCE vs. WILLIAM H. EGGLESTON, Defendant 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) ~of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the canplaint: Certified mail, restricted delivery, and received by the Defendant on May 29, 2001. Affidavit of Service filed with 3. Canplete either Paragraph A. or B. this Court on June 7, 2001. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff August 30, 2002 by the defendant September 11, 2002 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None. All economic claiIllS have been resolved pursuant to a Marital Settlerrent AgreeIlEnt dated August 30, 2002, which Agreement shp11 be incorporated, but not IlErged, into a Final Decree in Divorce. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code Waiver of Notice signed by Plaintiff on August 30,2002, and filed concurrently herewith; Walv"L uf NOLl"" :O.L<Jlleu uy DefellUctllL Ull SeO'LeuLe~ 11, 2002, and filed concurrently herewith. .~w.& Attorney for~Defendant Keirsten W. Davidson , , ~~ ~ ~ ~ ~ . ~ ~ . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . ~ . . . . ~ ~ ~ ~ ~ ~ ~ . ~ . . . . . . ~ ~ ~ . . . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . '.';"";;0' ~ .-,. . "'''' :Ii "'Of. .~ . ~ ~ """'''';1; .~ :f. "':Ii:+: '" "';Ii '" "':Ii'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. IAURIE M. EGGLESTON, Plaintiff No. 01-3130 CIVIL TERM VERSUS WILLIAM H. EGGLESTON, Defendant AND DECREE IN DIVORCE NOW'~ .3 , IT IS ORDERED AND . . .. ;J:. f(~28fA' ~ . .. .. 2002 DECREED THAT IAURIE M. EGGLESTON , PLAINTIFF, WILLIAM H. EGGLESTON AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The attached Marital Settlement Agreement dated August 30, 2002 shall be incorporated, but not merged, into this Decree in Divorce. . J. PROTHONOTARY . .. .. '" '" :f.'" ... :f. Of. Of. Of. :f. ~4~ . . .. .. .. .. . . . . . .. . . . . . . . .. . . .. . . . . . .. . .. . . . .. ~ .. .. . . .. .. . . . . . . . . . .. .. . . . .. iir ~ ;.j 'Y,~~ ,~_" ^,""',_ - - ~,_ ItJ. 7 .tJd h - 7 .C!.) > ->> ~, f'" '" -, ~o~ _^ ~', ",~,,,,,,"~'~.- > ,-~'~C'G~"'~_' ,_ """'="'~-~ -" ~- ..."',,,, ,4f t'u:I-- c'~ ~'~.;;J!' ~~ /1-.. 71~~ /U-~~ Z ~ A~ ~ r."/d? .Pt "1._ _1f!l~~~~~~~~:fJl", ~,'Mm,w.~'""'~l!~:~~~,~