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HomeMy WebLinkAbout01-04844IN THE COURT OF COMMON PLEAS PAMELA S. ESLINGER, Plaintiff VERSUS KING JAMES ESLINGER, Defendant N O. 2001-4844 DEGREE IN DIVORCE CIVIL AND NOW, ~rc +~ `~ 7003 IT IS ORDERED AND PAMELA S. ESLINGER DECREED THAT _, PLAINTIFF, AND KING J. ESLINGER ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED QF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED JUNE 17, 2003 IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. BY THE COURT: ATTFaS`T: OF CUMBERLAND COUNTY STATE OF PENNA. ',._. ~_ J. PROTHONOTARY ~~ ~~ ~ ~ ,~~ moo- 1~ 's',,4~ ~~ ~ .. .. ., . Rfi9~y3~*awR~+r ,-x.mwr ..w...mi5s~&CSitlwPx~m~FF_ PAMELA S. ESLINGER, Plaintiff v. KING J. ESLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4844 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: Ground for divorce: ircetrievable breakdown under Section 3301(c) of the divorce code. 2. Date and manner of service of the complaint: Charles Rector, Esquire filed an Acceptance Of Service form on September 17, 2001. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301 (c) of the divorce code: by the plaintiff June 25. 2003 ; by the defendant June 17, 2003 (b) (1) Date of execution ofthe plaintiffs affidavit required by Section 3301(d) of the divorce code N/A (2) Date of service of the plaintiffs afFdavit upon the defendant _.._ 4. Related claims pending NONE 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiffs waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: July 8. 2003 Date defendant's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: _ July 8, 2003 ~Mic aeI A. Scherer, Esquire Attorney for Plaintiff, Pamela S. Eslinger '' 6 + ~`Y ~ ~ Y ~ ~J.) ~ ~..» - -av: ~= r;r ~_ „• ~_ ~+ (^ Y f 1 ~ •• :" ~} ~ -G CJ~ ^~~ 1/ ~~ ~-9f~Ai. FPl1 _. x"~.'P+'+881"fWilgiRF '44'#rniH9. fi:~n'Y%{Y(FAF"A14AA~&WAY2~WiR4!K{9G°Y~!#V~14 .,.._ ~^S~P PA-~6cA- S. ~SL~,~1~t7L~ VS. ki/~lln Jam. tSL/N~r`~ ~ To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under§3301 (c) e. (Strike out inapplicable section). 2. Date and manner of service of the complaint: ~7 • 1 7. ° 1 ~ t c.~~•{z ~ G „F 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff 6.2~• D 3 by defendant 6. /7. a ~ (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: NoN'f 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: ~•o~ ° 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 2~°~' ~/$yy CIVIL TERM PRAECIPETOTRANSMIT RECORD Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Z• o°, of Attorney for Plaintiff /Defendant c -o~~, ~~ ~ t r~= ~C'~ LS' ,~~t~~7 -~G :~~~ ~ ~~s~ ~~. C : :ii ~_ i._ "- ~ r) ~ ~' A -C ~. . ~~ . ,.- PAMELA S. ESLINGER, KING J. ESLINGER, vs. CIVIL TERM CIVIL ACTION -LAW NO. 01 - C~gC~tc/ Defendant IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS SNUFF, FLOWER & LINDSAY ATtt7RM:YS•AT•LAW 2G W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA SAIDIS, SNUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: _. ,.. 26 West High Street Carlisle, PA 17013 (717)243-6222 .-- PAMELA S. ESLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW NO. 01 - C~yg~~{ CIVIL TERM KING J. ESLINGER, Defendant IN DIVORCE COMPLAINT IN DIVORCE Pamela E. Eslinger, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Pamela E. Eslinger, who currently resides at 5 Marble Street, Mechanicsburg, Cumberland County, Pennsylvania, where she has resided since 1981. 2. The Defendant is King J. Eslinger, whose last known address is Western Village Camp Ground, Carlisle, Cumberland County, Pennsylvania, where he has resided since July, 2001. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 19, 1979, at Enola, SAIDIS SHUF$ FLOWER & LINDSAY 26 W. High Street Carlisle, PA Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any otherjurisdiction. COUNT I -DIVORCE PURSUANT TO 23 Pa. C.S.A. §3301(c~ and §3301(d) 6. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) andlor (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. COUNT III -ALIMONY. ALIMONY PENDENTE LITE AND COSTS 8. The averments of Paragraph 1-7 are incorporated herein by reference as though set out in full. 9. Plaintiff is without property and assets sufficient to provide for her reasonable needs presently and after the entry of a Decree in Divorce, and to pay court costs. WHEREFORE, Plaintiff prays this Honorable Court to order alimony, and SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Streel Carlisle, PA alimony pendente life, in an amount sufficient to provide for Plaintiffs reasonable needs and to pay for reasonable costs. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: Carol J. Li ay,'Esi I D # 446 26 West High Street Carlisle, PA 17013 (717)243-6222 VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. Pamela E. Eslinger Date: ~'" ~ y " O I SAIDIS SHUF$ FLOWER & LINDSAY Z6 W. High Stree[ Carlisle, PA ~ ~,.. c_ _. . "' z. ;;' ~'! -.~: E_ r ~. o :. . c i __ t_ .. ' i ': PAMELA S. ESLINGER, Plaintiff v. KING J. ESLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4844 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~~ day of , i />N _ , 2003, by and between Pamela S. Eslinger, hereinafter referred to as "Wife", and King J. Eslinger hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on May 19, 1979 and have been separated since October 30, 2001; and, WHEREAS, Wife has instituted divorce proceedings in the Court of Common Pleas of Cumberland County to No. 2001-4844 Civil Term by complaint filed on August 16, 2001; and, WHEREAS, the children born of the marriage are adults; and, WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and the parties have decided that their marriage is irretrievably broken, and it is the intention of the parties to live separate. and apart for the rest of their natural lives. The parties are therefore desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including matters relating to the ownership of real and personal property, claims for spousal support, alimony and alimony pendente liter and, 1 WHEREAS, each party is fully familiar with the all of the property owned by the parties and each party acknowledges having sufficient opportunity to investigate and evaluate the property owned by the parties, and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code. NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, the parties, intending to be legally bound hereby, do covenant and agree as follows: 1. DIVORCE The parties agree to the entry of a Decree in Divorce pursuant to Section 3301(c) of the Divorce Code. Both parties shall execute and file the requisite Consents and Waivers with the Court. Wife's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void. 2. INCORPORATION BUT NOT MERGER INTO DIVORCE DECREE This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a 2 reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 3. ADVICE OF COUNSEL Wife is represented by Michael A. Scherer, Esquire, who is her separate legal counsel and she has been advised of her respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Husband is represented in this matter by Wendy Grella, Esquire, who has advised Husband of his rights, privileges, duties and obligations relative to the parties' property and interests under the Divorce Code and regarding alimony and spousal support. Husband and Wife acknowledge that each of them has read this Agreement and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. 4. TANGIBLE PERSONAL PROPERTY The parties have divided between them to their mutual satisfaction all items of tangible personal property which had heretofore been used by them in common and neither party shall make any claim to such property in the possession of the other. The parties acknowledge that Wife has and shall retain sole and exclusive ownership and possession of a certain 1995 Pontiac Firebird, and Husband has and shall retain sole and exclusive ownership and possession of the parties' 1995 Chevrolet pickup truck and 1969 Chevrolet Corvette. 3 5. OTHER PROPERTY DISTRIBUTION PROVISIONS A. REAL ESTATE: The marital residence is located at RD 4, 5 Marble Avenue, Mechanicsburg, Pennsylvania. Husband will refinance the marital residence within 45 days of the date of this Agreement, and Husband will pay wife the sum of Fifty- fourthousand ($54,000.00) Dollars at the conclusion of the refinance. Wife shall sign a Quitclaim Deed transferring all her right, title and interest to the real estate to husband upon his refinance of the property. Husband shall pay for all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes payable in connection with the property pending wife's conveyance of her interest in the property,~cy, husband. ~~ EXCCpI- as sst ~~~ j,t ler ~~ S'. c B. WAIVER OF RETIREMENT BENEFITS "Each party hereby expressly waives any right to claim any pension, profit sharing, retirement rights and/or 401 k plans of the other, vested or contingent, each party to retain full ownership of such rights as his or her sole and separate property. Wife hereby expressly waives any right to claim any interest in Husband's Thrift-Savings Plan with the United States Postal Service. C. INTANGIBLE PERSONAL PROPERTY: Wife shall become the sole owner of the I ndividual Retirement Account with a balance of Twenty-three thousand three- hundred twenty-three ($23,323.08) Dollars as of January 31, 2003 which is in husband's name and invested with Members First Federal Credit Union, account number 194391. Husband's name shall either be removed from the account and replaced with Wife's name, 4 r or Wife shall roll the account into a separate account in her name alone. Aside from the foregoing IRA, the parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies and all other such types of property. The parties hereby agree that all such intangible property presently in the possession of or titled in the name of Husband, including the CMI stock, shall be his sole and separate property, and that in the possession or titled in the name of the Wife shall be her sole and separate property. 6. DEBTS AND OBLIGATIONS Each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indemnify and hold harmless the other from and against all such debts, liabilities or obligations of any kind which may have heretofore been incurred between them. 7. INDEMNIFICATION Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which 5 r indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred. 8. EQUITABLE AGREEMENT Both parties agree that this Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 9. MUTUAL RELEASES Husband and Wife do hereby mutually release, remise, quitclaim and forever discharge the other and the estate of the other from any and all claims either party has now, ever may have or can at any time have against the other or the other party's estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the other party, arising byway of widower's right or under the Intestate Law, arising by any right to take against the Will of the other party, arising out of the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising from anything of any nature whatsoever, excepting only those rights accorded to the parties under this Agreement. 70. BREACH If either party to this Agreement resorts to a lawsuit or other legal action pursuant 6 to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as part of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. 71. COMPLETE DISCLOSURE The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 12. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 13. MODIFICATION This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON HEIRS 7 I This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 15. CONTRACT INTERPRETATION For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was drafted and prepared jointly by their respective counsel. 16. SEVERABILITY AND INDEPENDENT COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force and effect. 17. COSTS AND ATTORNEYS' FEES Neither party shall reimburse the other for any court costs or filing fees associated with this case, and each party shall be responsible to pay his or her own attorneys' fees. 18. LAW AND JURISDICTION APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 19. OTHER DOCUMENTATION The parties agree that they shall within ten days of the date of this Agreement 8 execute any and all written instruments or documents required to effectuate the terms of this Agreement. 20. ALIMONY The parties hereby waive their respective rights to request or receive alimony from the other party. 21. BANKRUPTCY The parties agree that any and all financial obligations assumed herein shall not be subject to discharge through bankruptcy proceedings. Mi ~hael Scherer, Esq. ~~.'~ , }^-) Pamela S. Eslinger A Wendy rel q. King . E~nger mas.dir/domestic/eslinger/settlement.agr hsa~,e ~' ~-; `4: 6 ~.... C'~ S~ - G.~-, __ j ~''-{l~ T~c- iV i~ -., ~~ , ~ D !7l :,~ ~~ PAMELA S. ESLINGER, Plaintiff v. KING J. ESLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4844 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301raC) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on August 16, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~"~ 5~3 ~O ~ ~ ~~~`~-~, Pamela S. Esli er ~ ~ __, z ; - _- ; ~, ~- -~. ~' ~ l'i-, i-. - ~ ^__ ' ~ ~~~ PAMELA S. ESLINGER, Plaintiff v. KING J. ESLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4844 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301~C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on August 16, 2001. 2. Defendant acknowledges receipt and accepts service of the Complaint on August 20, 2001. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: _ <P " /z _ Q\~ /j~if-,,r' ~ ~r~,,.~.- ~~King J. Es nger c ~°, o ~ .._, ~! -- ~ ,~ c . 4 , -i _ f=i' ~~`• ~L ~_ ~ .. ,~ -J T ~ } _.} :ST - 1~ '! V/` In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION PAMELA E. ESLINGER ) Docket Number 01-4844 CIVIL Plaintiff ) ~s, ) PACSES Case Number 374103747~D.30941 KING J. ESLINGER ) Defendant ) Other State ID Number ORDER AND NOW, t0 Wlt On th1S 13TH DAY OF SEPTEMBER, 2001 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ®Other ALIMONY PENDENTE LITE filed On AUGUST 16, 2001 in the above captioned matter is dismissed without prejudice due to: WIFE NOT WANTING TO PURSUE TH8 MATTER AT THIS TIME. Q The Complaint or Petition may be reinstated upon written application of the plaintiff petrttoner. BY THE COURT: DRO: RS Shadday xc: pl?intiff defecxiarit Carol Lirxisay, EscPZire Cl~rles Rector, Esquire -/3 ~/ Service Type M T xe ' .Hess JUDGE Form 0E-506 Worker ID 21005 - v,~~ ~ `ca - ~' ., r ~,~; ;~ ` ~_ =` ~ - r. _ _ ~. ; ._ - ~~ ~ - ~T ~ ~~. ~. ~ ~.~ f1)Fe43iremmzssnx~€ -.. .. ~N~ERPR, ~flb~€ sr~mza ~_._ -a . e-n xv - .e+eu- mr,nmp1Fs MYo-I~~t±$~+;p`vr II I PAMELA S. ESLINGER, vs. KING JAY ESLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01 - ~~ (~ ~ CIVIL TERM Defendant IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce in the above captioned matter on behalf of King Jay Eslinger, Defendant, and acknowledge that I am authorized to do so. ~/~sl ~I Date G Charles a tor, Esquire 1104 F n od Avenue, Ste. 203 Camp Mill, PA 17011 SAIDIS SIIUF$ FLOWER & LINDSAY 26 W. High Street Carlisle, PA L ~''v~., .L ~ <~~~ Ca r-: ~~ ~~~ ~~ - . c_s, ~r ` 'n °- , - ~~~ '- .r,C _~ ~l m ' ' . ~, ~:: ~~L 1 PAMELA S. ESLINGER, vs. KING J. ESLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01 - ~ ~y~ CIVIL TERM Defendant IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE Now comes Pamela E. Eslinger, by and through her counsel, SAIDIS, SNUFF, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on May 19, 1979. 2. The parties separated on or about June 28, 2001. 3. Petitioner is without the ability to earn income sufficient to meet her reasonable needs and to pay attorney's fees. WHEREFORE, Petitioner prays this Honorable Court to order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines and reasonable attorney's fees. SAIDIS, SNUFF, FLOWER & LINDSAY Attorneys for Plaintiff SAIDIS SH[IFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 26 West High Street Carlisle, PA 17013 (717) 243-6333 VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. ~.C~ • ~. Pamela E. Slinger Date: ~- 1 ~l- ~ ~ SAIDIS SHUFF, FLOWER & LINDSAY 2G W. High Street Carlisle, PA .- DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER: PAMELA E. ESLINGER DOB: AUGUST 5, 1954 SSN: 089-48-9893 ADDRESS: 5 MARBLE STREET, MECHANICSBURG, PA 17055 PHONE: 697-7826 ATTORNEY: CAROL J. LINDSAY, ESQUIRE PETITIONER'S EMPLOYMENT: UNEMPLOYED-- HOW LONG? 1-97 INCOME: $826.00 PER MONTH JOB TITLE: OTHER INCOME: (INCLUDE AMOUNT AND SOURCE) SS DISABILITY -- $826.00 PER MONTH RESPONDENT: KING J. ESLINGER DOB: MAY 23, 1951 SSN: 184-38-1683 ADDRESS: 5 MARBLE STREET, MECHANICSBURG, PA 17055 PHONE: 761-8101 ATTORNEY: CHARLES A. RECTOR, ESQUIRE RESPONDENT'S EMPLOYMENT: POST SERVICE - HBG HOW LONG? 6 YEARS - APPROX NET PAY: $1,300.00 PER BI-WEEKLY JOB TITLE: TRUCK DRIVER FOR POSTAL SERVICE OTHER INCOME: (INCLUDE AMOUNT AND SOURCE) WHEN MARRIED: MAY 19, 1979 WHERE: ENOLA, PA 17013 DATE SEPARATED: JUNE 28, 2001 WHERE LAST LIVED TOGETHER: 5 MARBLE STREET, MECHANICSBURG, PA FOR DRS INFORMATION ONLY ~' "~ l ~_ Z_ r °- 4J = q ~~. -<._ ~L , ~.~ i , _-.n t y~ .: -z r., =< PAMELA S. ESLINGER, Plaintiff/Petitioner VS. HING J. ESLINGER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII. ACTION -DIVORCE NO. 2001-4544 CIVH. TERM IN DIVORCE DR# 30941 Pacses# 374103741 ORDER OF COURT AND NOW, this I1`s day of July, 2002, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appeaz before R.J. Shaddav on lulu 29.2002 at 9:00 A.M. for a conference, at 13 N. Hanover St., Cazlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU aze further ordered to bring to the conference (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appeaz for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 7-11-02 to: < Respondent Carol Lindsay, Esquire Chazles Rector, Esquire Date of Order: July 11, 2002 n / " R.' J. Shadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORT$ BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717)249-3166 s,n~;, r~v~,r~~,isuN~~ L5 ~£ I~~ Z i lf)f ZD ~tH~G'lUllU~ ^~i?JCia ~ ~1 ~~ ~"~~~~~"'~~ I~~ . T ~ _- ~~wr r ~ °~~,.~,. _ m~ YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 SAIDIS SHUF$ FLOWER & LINDSAY The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. 26 W. High Streel Carlisle, PA ti PAMELA S. ESLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW NO. OI - 4844 CIVIL TERM KING J. ESLINGER, Defendant IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE Now comes Pamela E. Edinger, by and through her counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on May 19, 1979. 2. The parties separated on or about June 28, 2001. 3. Petitioner is without the ability to earn income sufficient to meet her reasonable needs and to pay attorney's fees. WHEREFORE, Petitioner prays this Honorable Court to order alimony pendente life in an amount equal to the Pennsylvania State Support Guidelines and reasonable attorney's fees. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Stree[ Carlisle, PA By: Carol J. Lin a ,Esquire # 44693 26 West High Street Cariisle, PA 17013 (717) 243-6333 n ~; : ) C_. ix. . i ~.1!~ `r a ~ ~. C."'.'¢ u.... ' \J f_: - ,7 y ~:_ ~~ . ~ , i~'i `_' C .~.~ i ~ ~~ e PAMELA S. ESLINGER, Plaintiff V"•, KING J. ESLINGER, Defendant IN THE COURT OF CQMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4844 CIVIL TERM 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 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 of other rights important to you, including the 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 at the Office of the Prothonotary. 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 T0, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717=249-3166 PAMELA S. ESLINGER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-4844 CIVIL TERM KING J. ESLINGER, :CIVIL ACTION -LAW Defendant IN DIVORCE ANSWER & COUNTERCLAIM TO DIVORCE COMPLAINT AND NOW, comes the Defendant, King J. Eslinger, by and through his attorney, Charles Rector, Esquire, and files the following Answer & Counterclaim to Divorce Complaint: Count 1-Divorce 1. - 7. Admitted. WHEREFORE, Defendant requests that the Court enter a Decree in Divorce Count 111 -Alimonv. Alimonv Pendente Lite & Costs 8. No answer required. 9. Denied. Paragraph 9 constitutes a series of legal conclusions which require no answer and are deemed denied. By way of further answer, Plaintiff maintains exclusive control over large sums of money to the exclusion of Defendant. WHEREFORE, Defendant requests that your Honorable Court deny Plaintiffs request for Alimony, Alimony Pendente Lite, and Costs in any amounts and that said Count be dismissed with prejudice. Counterclaim Count /V -Equitable Distribution 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as if set forth at length. 11. The parties have acquired, during the course of the marriage and prior to separation, property, both real and personal, which they jointly or which was otherwise purchased so as to constitute marital property within the definition and scope of Section 3502 of the Divorce Code. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order distributing the marital property owned by the parties. RESPECTFULLY SUBMITTED: /b, Date: ~7 U Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Defendant I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. i:;. v' King J. Esling~ Date: ? ~~f Z/ ,~ ,. ~~ ~\ L G ~~ ~~ ~> ,, ~ ^I ~M , `1 ~~' i ' ' ~ :..J Sj f"f'1 1 iV :-t ~~ ~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION PAMELA S. ESLINGER )Docket Number 01-4844 CIVIL Plaintiff ) vs. ) PACSES Case Number 37410374730941 KING J. ESLINGER ) Defendant ) Other State ID Number ORDER AND NOW, t0 Wlt On th15 29TH DAY OF JULY, 2002 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ®Other ALIMONY PENDENTE LITE REQUEST filed on JUNE 27, 2ooz in the above captioned matter is dismissed without prejudice due to: WIFE WITHDRAWING HER REQUEST FOR ALIMONY PENDENTE LITE AS AN ORDER FOR SPOUSAL SUPPORT WAS ESTABLISHED UNDER DOCKET NOS 537 5 2001 ® The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: DRO: RJ Shadday xc: plaintiff defendant Carol Lindsay, Esquire Charles Rector, Esquire //'~ Kevin A. Hess J[JDGE ~~s. ~;~ ; ` 7 ~ r-o~- Service Type M Form 0E-506 Worker ID 21005 z~ - i„_; _ Z ~ ~., i~ -!"il ' s __ _ ~~~ ti~ r ~• C, ~ A r , iC ~ ~ . , _ c7 ^ _ ~C ` ~ J `~ (fi ~ _,, r. q,.~.~~ .=;~s ~~~~~ a PAMELA S. ESLINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW NO. OI - 4844 CIVIL TERM KING J. ESLINGER, Defendant IN DIVORCE PRAECIPE TO WITHDRAW PETITIONER'S REQUEST FOR ALIMONY PENDENTE LITE TO THE PROTHONOTARY: Please withdraw Petitioner's request for alimony pendente lite in the captioned case. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: Carol J. Linds squire # 44693 26 West High Street Carlisle, PA 17013 (717) 243-6333 SAIDIS SHUFF, FLOWER & LINDSAY ATl'ORNEYS•AT•WW 26 W. High Street Carlisle, PA c> c,~ U ~~ ~T ~ r ~' '; ,Fr :L " { ; '~~s` ~~ `j t'PI "~`i ~ f..T ~ Q~,/ UN PurV~Llu 5. CS~i~~j-cl vs. ~~~~ J aM=S ~ ~ 1 r~s-rr In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2 ~~ ~ ~ tl ~ ~~t Civil. 19 tPc ~~Gc~rZ /~' ~ ~"hc(r~w ~., rG cc,,'P c -I.o ~ rcti, p~-r ~ ~ (~,.,..i /'25. 83 To Prothonotary 19 i` G%~ e~~~'~ Attorney for Plaintiff 3k~ No. Term, 19 vs. PRAECIPE Filed 19 Atty. ,IjN) ,~tr~~. ~ ~j 1 ~~ W /~}I `F ~3`~, r~ "I~ .l i i '~7 C, e. n .• ~i~d I ~~..~ - _ .n.~ F:Y:"- - ~'_ .-., '=si _ .'- ~as~wrax«h ~asx~~-ax~w:R ., _ _ Wr~'~n~evrr i.~u-... , -- ~ .._r .; ~n.~:~ ~ - .r:-~s<~f!axup~~~, -~, PAMELA ESLINGER, Plaintiff v. KING ESLINGER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-4844 CIVIL TERM 1N DIVORCE PRAECIPE WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Defendant in the above-captioned matter. Date: / ~ ~' ~ 1104 Ferr~(voodlAvenue, Suite 203 Camp Hill, PA 17011 ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant in. the above-captioned matter. Respectfully submitted, Date: ~t~ ~ ~ Wendy J. F. Gr a sq 're GRIFFIE & A O ES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 W~ ~ ~ ,...i "i. {S7 "~ Q ~4 ~ ~ ~~~ y~ ~ r..Yf^ tr ~~ :~ 'C? q T `i 3 ° CJ i .~ '~ ~ >~~., fan .i .'.r< t --.,,,c»:u ra WVeb.ar~"w~a, ., k,,~mavsv~,s~,µ~{~+"