HomeMy WebLinkAbout99-04731
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF J PENNA.
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HEATHER VIRGINIA ESHLEMAN
j PLAINTIFF
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HARLEY CLINTON ESHLEMAN
DEFENDANT
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No . ........ 4ni ...... ................. 1999
DECREE IN
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AND NOW, .. 19......, it is ordered and
decreed that HEATHER. VI•RGIN•I.A . ESHLEMAN • • • .. , • . • • . • ... , plaintiff,
r' HARLEY CLINTON. ESHLEMAN
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
i• been entered;
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The. Marital, Se•ttlem•en A,
;; .t.. Sree.meok..dated..Nov,ember..19,..1999.,..is,
here•by,incorporated„wit.hio. t.he.Aixorce..Decx.ee...................
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HEATHER VIRGINIA ESHLEMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
HARLEY CLINTON ESHLEMAN, : NO. 99-4731 CIVIL TERM
Defendant : IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
AGREEMENT, made this /x day of OGt'4 19,j, between Heather Virginia
Eshleman (hereinafter called "Wife") and Harley Clinton Eshleman (hereinafter called
"Husband").
WITNESSETH:
The parties hereto are Wife and Husband, having been married on April 13, 1996, at
Camp Hill, Cumberland County, Pennsylvania. There were no children born of this marriage.
Diverse unhappy differences, disputes and difficulties have arisen between the parties and
it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives,
and the parties hereto desire to settle fully and finally their respective financial and property
rights and obligations as between each other, including without limitation: (1) 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 the past, present and future support and/or maintenance of
Wife by Husband and of Husband by Wile; and (3) in general, the settling of any and all claims
and possible claims by one against the other or against their respective estates.
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NOW THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration,
receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
1. AGREEMENT NOT PREDICATED UPON DIVORCE
It is specifically understood and agreed by and between the parties hereto and each of the
said parties does hereby warrant and represent to the other that the execution and delivery of this
Agreement is not predicated upon nor made subject to any agreement for the institution,
prosecution, defense or for the non-prosecution or non-defense of any action for divorce;
provided, however, that nothing contained in this Agreement shall prevent or preclude either of
the parties hereto from commencing, instituting or prosecuting any action or actions for divorce,
either absolute or otherwise, upon just, legal and proper grounds, nor to prevent either party from
defending any such action which may, has been, or shall be instituted by the other party, or from
making any just or proper defense thereto.
2. ADVICE OF COUNSEL
Wife and Husband declare that each has had a full and fair opportunity to obtain
independent legal advice of counsel of her and his selection; that Wife has been independently
represented by The Law Offices of Paul Bradford Orr, Karl E. Rominger, Esquire and that
Husband, aware of his right to legal representation, declares that it is his express, voluntary and
knowing intention not to obtain counsel and he chooses instead to represent himself with respect
to the preparation and execution of this Agreement.
3. PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart. Each
shall be free from all control, restraint, interference or authority, direct or indirect, by the other in
all respects as fully as if she or he were unmarried. Each may reside at such place or places as
she or he may select. Each may, for her or his separate use or benefit, conduct, carry on and
engage in any business, occupation, profession or employment which to her or him may seem
advisable. This provision shall not be taken, however, to be an admission on the part of either
Wife or Husband of the lawfulness of the causes which led to, or resulted in, the continuation of
their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the
respective families of each other, nor compel or attempt to compel the other to cohabit or dwell
by any means or in any manner whatsoever with her or him.
4. PERSONAL PROPERTY
Husband agrees to set over, transfer and assign all of his right, title and interest to those
personal effects and items of personalty that are more fully described in Schedule "A", which has
been annexed hereto and made a part hereof, which were previously or presently located or
situated in the residence at 751 Siddonsburg Road, Lewisberry, Pennsylvania, irrespective of the
foregoing provisions. Wife agrees to set over, transfer and assign all of her right, title and
interest to those personal effects and items of personalty that are more fully described in
Schedule "A", which has been annexed hereto and made a part hereof. By these presents, each of
the parties does hereby specifically waive, release, renounce and forever abandon whatever
claims he or she may have with respect to any of the above items which are the sole and separate
property of the other from the date of execution hereof.
5. REAL PROPERTY
Wife hereby agrees to convey, transfer and grant to Husband her right, title and interest in
the real estate situated and located at 751 Siddonsburg Road, Lewisberry, Pennsylvania, when,
and not before, Husband agrees to assume as his sole obligation any and all mortgage payments,
taxes, claims, damages or other expenses incurred in connection with said premises, and
Husband agrees and covenants to hold Wife harmless from any such liability or obligation. If
Husband cannot assume the mortgage in his name alone, or obtain refinancing in his name alone,
then the marital residence is to be sold and the proceeds split between Husband and Wife.
6. SUPPORT
Husband and Wife do hereby waive, release and give up any rights they may respectively
have against the other for alimony, support or maintenance. It shall be, from the date of this
Agreement, the sole responsibility of each of the respective parties to sustain themselves without
seeking any support from the other party.
7. TAX RETURNS
Husband and Wife agree to sign separate returns for the calendar year 1999.
8. LIABILITIES
Wife and Husband each covenant, warrant and represent and agree that each will now and
at all times hereafter save harmless and keep the other indemnified from all debts, charges and
liabilities incurred by the other prior to or after the effective date of this Agreement, except as
may be otherwise provided by the terms of this Agreement.
During the course of the marriage, Wife and Husband have incurred certain bills and
obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity of
ascertaining for what purpose and to whose use each of the bills were incurred, that Husband
shall be responsible for all bills, obligations and debts arising from the marriage which were
incurred prior to August 5, 1999, except: Lerner NY credit card; Bon-ton credit card; Sears
credit card; Montgomery Wards credit card; Members First VISA credit card; and NTB credit
card, which were the credit cards of Wife. (See Schedule "B")
9. LEGAL FEES
Wife hereby agrees to waive any right to alimony pendente lite and each party agrees to
be responsible for her or his own legal fees and expenses.
10. NO BAR TO FURTHER PROCEEDINGS
This Agreement shall not be considered to affect or bar the right of Wife or Husband to a
limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or
to such defense as may be available. It is agreed that this Agreement shall not be impaired by
any divorce decree which may be granted but shall continue in full force and effect
notwithstanding the granting of any such decree. This Agreement is not intended to condone and
shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the
part of the other party which have occasioned the disputes or unhappy differences which have
occurred prior to or which may occur subsequent to the date hereof.
11. MUTUAL RELEASE
Wife and Husband each do hereby mutually remise, release, quitclaim and forever
discharge the other and the estate of such other, for all time to come, and for all purposes
whatsoever, of and from any and all rights, titles and interests, or claims in or against the
property (including income and gain from property hereafter accruing) of the other or against the
estate of such other, of whatever nature and wheresoever situate, which she or he now has or at
any time hereafter may have against the other, the estate of such other or any part thereof,
whether arising out of any former acts, contracts, engagements or liabilities of such other or by
way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's
rights, family exemption or similar allowance, or under the intestate laws, or the right to take
against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary,
or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether
arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the
United States, or (c) any other country, or any rights which Wife may have or at any time
hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite,
counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise,
except, and only except, all rights and agreements and obligations of whatsoever nature arising or
which may arise under this Agreement or for the breach of any thereof. It is the intention of Wife
and Husband to give to each other by the execution of this Agreement a full, complete and
general release with respect to any and all property of any hind or nature, real, personal or mixed,
which the other now owns or may hereafter acquire, except and only except all rights and
agreements and obligations of whatsoever nature arising or which may arise under this
Agreement or for the breach of any thereof, subject, however, to the implementation and
satisfaction of the conditions precedent as set forth herein above.
12. OTHER DOCUMENTATION
Wife and Husband covenant and agree that they will forthwith execute any and all
written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as
may be necessary or desirable for the proper effectuation of this Agreement, and as their
respective counsel shall mutually agree should be so executed in order to carry out fully and
effectually the terms of this Agreement.
13. SUCCESSORS' RIGHTS AND LIABILITIES
This Agreement shall, except as otherwise provided herein, be binding upon and inure to
the benefit of the parties hereto, their respective heirs, executors, administrators, successors or
assigns.
14. ENTIRE. AGREEMENT
Wife and Husband do hereby covenant and warrant that this Agreement contains all of the
representations, promises and agreements made by either of them to the other for the purposes set
forth in the preamble 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; and the waiver orally term,
condition, clause or provision of this Agreement shall in no way be deemed to be considered a
waiver of any other term, condition, clause or provision of this Agreement.
15. BINDING EFFECT OF AGREEMENT
This Agreement shall remain in full force and effect unless and until terminated pursuant
to the terms of this Agreement. The failure of either party to insist upon strict performance of
any of the provisions of this Agreement shall not be construed as a waiver of any subsequent
default of the same or similar nature.
16. SEPARABILITY
If any term, condition, clause or provision of this Agreement shall be determined or
declared to be void or invalid in law, or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreement and in all other respects this Agreement shall be
valid and continue in full force, effect and operation. Likewise, the failure of any party to meet
her or his obligations under any one or more of the paragraphs herein, with the exception of the
satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations
of the parties.
16. HEADINGS
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 nor
shall they affect its meanings, construction or effect.
17. EFFECTIVE DATE
The effective date of this Agreement shall be the date upon which it is executed;
however, the transfer of the property provided for herein shall only take place upon the entry of a
final decree in divorce, unless otherwise indicated. The support provisions of this Agreement
shall take effect as indicated. Notwithstanding the foregoing, if a final decree in divorce shall not
have been obtained within four (4) months from the date of execution of this Agreement, this
Agreement shall be null and void.
18. DISCONTINUANCE OF ACTIONS
Upon the implementation of the obligations which are to be performed by Husband as
more particularly hereinabove set forth, Wife will authorize her attorney, Karl E. Rominger,
Esquire, to deliver to Husband, such orders and documents as may be necessary to mark settled,
discontinued and ended the pending proceedings as set forth hereinbefore to which shall be
affixed Wife's consent thereto. Wife warrants and covenants that she has instituted no other legal
action in Pennsylvania or other jurisdiction and covenants and agrees that she will not institute
any legal proceeding in the future against Husband excepting for the purpose of enforcing any
rights accruing to her under the terms of this Agreement.
19. CONTROLLING LAW
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania. Actions hereunder are to be brought in Cumberland County only.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as
parties hereto, acknowledge the receipt of a duly executed copy hereof.
40
Witness
Witness
Heather Virginia Eshleman, Wife 41-?
_
arley Clinton Eshleman, Husband
10
1. CROKPOT-HEATHER
2. FORMAL STEMWARE-HEATHER
3. DISHES(CORELLE)-HARLEY
4. WHITE CHINA-HEATHER
5. FLORAL CHINA-HEATHER
6. SILVERWARE-1/2 TO EACH
7. PRINCESS HOUSE-HEATHER
8. PAMPERCHEF-HEATHER
9. CALPHALON-HARLEY
10. CALPHOLON TEAPOT-HEATHER
11. CRANBERRY -HEATHER
12. KITCHEN TABLE SET-HEATHER
13. APPLIANCES FOR KITCHEN-HARLEY
14. BATHROOM TOWELS-1/2 TO EACH
15. PATIO SET-HEATHER
16. RADIO (UNDER COUNTER)-HEATHER
17. WOODEN ENDTABLE-HEATHER
18. COMPUTER-HARLEY
19. COMPUTER TABLE-HARLEY
20. OFFICE DESK-HEATHER
21. FILING CABINET-HARLEY
22. WASHER/DRYER-HARLEY
23. REFRIGE-HARLEY
24. WHITE BEDROOM FURNITURE-HEATHER
25. CEDAR CHEST-HEATHER
26. WATERBED-HARLEY
27. MASTER BEDROOM DRESSERS-HARLEY
28. SMALL BEDROOM LAMPS-HARLEY
29. 2 WHITE LAMPS-HEATHER
30. MICROWAVE-HEATHER
31. VACCUM-HEATHER
32. FREEZER-HARLEY
33. BOTH CATS-HARLEY
34. DUGAN(COLLB3)-HEATHER
35. HOLLI(DOBERMAN PINSERHER)-HARLEY
36. LONGENBERGER BASKETS-HEATHER
37. PLASTICWARE-BARLEY
38. DISNEY CHRISTMAS ORNAMENTS-HEATHER
39. DISNEY MOVIES-HEATHER
40. BARSTOOLS-HARLEY
41. IRONARON BOARD-HEATHER
42. 98 JEEP WRANGER-HEATHER
43. 94 JEEP CHEROKEE-HARLEY
44. GRILL-BARLEY
45. BIKE-HEATHER
46. ANSWERING MACHINE-HEATHER
47. CORDLESS PHONE-HEATHER
48. ALL OTHER PHONES-BARLEY
49. PHONE STAND-HEATHER
50. MUSTANG-HARLEY
51. RCA BIG SCREEN-BARLEY
52. MITSUBISHI VCR-HARLEY
53. YAMAHA RECEIVER-HARLEY
54. RCA VCR-HARLEY
55. SMALL TV-HARLEY
56. SURROUND SOUND SPEAKERS-HADULE "A"
SCHEDULE "A"
57. KENWOOD STEREO-HEATHER
58. ENDTABLES/COFFEE TABLE-HARLEY
59. DRAGONS AND CABINEC-HARLEY
60. TIGERS-HEATHER
O CAMPING GEAR
1. SMALL TENT-HARLEY
2. LARGE TENT-HEATHER
3. AIR MATRESS-HARLEY
4. PUMP-HARLEY
5. CAMPING DISHES-HEATHER
6. LARGE PLASTIC CONTAINERS-1 EACH
7. LATERN-HEATHER
8. 2 CHAIRS-1 EACH
9. LARGE COOLER-HARLEY
10. SMALL COLLER-HEATHER
11. SLEEPING BAGS-1 EACH
12. ROUND COOLER-HEATHER
P GARAGE TOOLS
1. SHOP VAC-HARLEY
2. GRINDER-HARLEY
3. VICE-HARZLEY
4. FLOOR JACK-HARLEY
5. JACK STANDS-HARLEY
6. 2 WORK LIGHTS-HARLEY
7. BOTH MOWERS-HARLEY
8. WEEDEATER-HARLEY
9. CHAINSAW-HARLEM
10. BLOWER-HARLEY
11. PRESSURE WASHER-HEATHER
lUdifiool9/ Z- ee,/ .s
SCHEDULE "A"
LIABILITIES - Credit Cards
HARLEY ESHLEMAN, HUSBAND
1. Brynmaur $2,300.00
2. Home Depot $ 900.00
3. Visa $6,400.00
4. MC $6,500.00
5. Bon-Ton $ 120.00
HEATHER ESHLEMAN, WIFE
Lerner NY $ 200.00
2. Bon-Ton $ 300.00
3. Sears $1,200.00
4. Wards $ 250.00
5. Members 1" $3,200.00 (Visa)
6. NTB $ 900.00
SCHEDULE-B"
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND
SS.
On this, the Iq IA- day of -K oyt wl- !it? , 1949, before me, the
subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of
Cumberland, personally appeared Heather Virginia Eshleman and in due form of law
acknowledged the above Agreement to be her act and deed and desired the same to be recorded
as such.
Notarial Seal
Heather L. Smith, Notary public
Carlisle Boro, Cumberland County
My Commlaslon Expires Apr. 7, 2003
am or. ennsylvanla Assoclalion of Nolarles
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
On this, the day of , 19_, before me, the
subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of
Cumberland, personally appeared Harley Clinton Eshleman and in due form of law
acknowledged the above Agreement to be his act and deed and desired the same to be recorded
as such.
The undersigned, Karl E. Rominger, Esquire, has carefully reviewed the contents of this
Agreement.
Karl E. Rominger, Esquire
Dated: I V
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HEATHER VIRGINIA ESHLEMAN : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVAW: IA
V. : CIVIL ACTION -LAW
HARLEY CLINTON ESHLEMAN : NO. 99-4731 CIVIL TERM
Defendant : IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
;7'O THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry ofa divorced
ecree
:
1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code.
2 Date and manner of service of the complaint: Served September 24, 1999, by depositing the
same in the U.S. Mail, postage prepaid, certified, return receipt requested, restricted delivery. The original
return receipt card signed by the Respondent on August 9, 1999, indicating service was effected as filed with
the Affidavit of Service filed in this Court September 24, 1999.
3. Date of execution of the affidavit ofconsent required by Section 3301(c) of the Divorce Code:
by the Plaintiff November 19, 1999; by Defendant December 4, 1999.
4. Related claims pending: none
5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary:
December 16, 1999.
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary:
December 16. 1999.
LAW OFFICES OF PAUL BRADFORD ORR
Date:
Karl E. Rominger, Esquire
50 East High Street
Carlisle, PA 17013
(717) 258-8558
Supreme Court ID No. 81924
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HEATHER VIRGINIA ESHLEMAN,
Plaintiff
V.
HARLEY CLINTON ESHLEMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99- y>31 CIVIL TERM
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, High and Hanover Streets, Carlisle.
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. 14Ft a
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone: (717) 249-3166
HEATHER VIRGINIA ESHLEMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
HARLEY CLINTON ESHLEMAN, : NO. 99- CIVIL TERM
Defendant IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) or 3301(d)
OF THE DIVORCE CODE
1. Plaintiff is HEATHER VIRGINIA ESHLEMAN, who currently resides at 3518 Beech
Run Lane, Mechanicsburg, Cumberland County, Pennsylvania, since July 3, 1999.
2. Plaintiff moved to Cumberland County less than six (6) months ago.
3. Defendant is HARLEY CLINTON ESHLEMAN, who currently resides at 751
Siddonsburg Road, Lewisberry, York County, Pennsylvania, since August 26, 1996.
4. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at
least six months immediately previous to filing of this Complaint.
5. Plaintiff and Defendant were married on April 13, 1996, in Camp Hill, Cumberland
County, Pennsylvania.
6. There have been no prior actions of divorce or for annulment between the parties hereto in
this or any other jurisdiction.
7. The marriage is irretrievably broken.
8. 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.
9. Plaintiff requests the Court to enter a Decree in Divorce.
Date: 6
Karl E. Rominger, Esq.
Law Offices of Paul Bradford Orr
Attorneys for Plaintiff
50 E. High Street
Carlisle, PA 17013
(717) 258-8558
}
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VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom
falsification to authorities.
Date: _p-c)-`7 % J-J& l ? . X./104Heather Virginia Eshleman, Plaintiff
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HEATHER VIRGINIA ESHLEMAN,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
HARLEY CLINTON ESHLEMAN, : NO. 99- 9.73 / CIVIL TERM
Defendant : IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
AND NOW, this day of /
ol? , 1999, 1 Karl E. Rominger, Esquire,
attorney for Heather V. Eshleman, Plaintiff, in the above-captioned action, hereby swear that I have
served a true copy of the Petition for Modification of Custody, executed by the Plaintiff in the above-
captioned matter, upon the Defendant by depositing the same in the U.S. Mail, postage prepaid, certified,
return receipt requested. The original return receipt card signed by the Respondent on August 9, 1999
indicating service was effected, is marked Exhibit "A", attached hereto and trade a part hereof.
LAW OFFICES OF PAUL BRADFORD ORR
Dated: By:
Karl E. Rominger, Esquire
Attorney for Plaintiff
50 East High Street
Carlisle, PA 17013
(717) 258-8558
I.D. # 81924
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m SENDER: I also wish to receive the
,o • Complete items 1 and/or 2 for additional services. .? following seNlcee (for an
1 w • Com to items 3, aa, and 4b.
our name arW address on the reverse of this form so that we tan Rturn Ihl6
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HEATHER VIRGINIA ESHLEMAN,
Plaintiff
V.
HARLEY CLINTON ESHLEMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4731 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND
AND NOW, this day of ?_e %/7''v?/'/' ; 1999,1 Karl E. Rominger, Esquire,
attorney for Heather V. Eshleman, Sr., Plaintiff, in the above-captioned action, hereby swear that 1 have
served a true copy of the Divorce Complaint, executed by the Plaintiff in the above-captioned matter,
upon the Defendant by depositing the same in the U.S. Mail, postage prepaid, certified, return receipt
requested. The original return receipt card signed by the Respondent on August 9, 1999 indicating
service was effected, is marked Exhibit °A", attached hereto and made a part hereof.
LAW OFFICES OF PAUL BRADFORD ORR
Dated: ???By: _ --
a Karl E. Rominger, Esquire
Attorney for Plaintiff
50 East High Street
Carlisle. PA 17013
(717) 258-8558
I.D. # 81924
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$ SENDER:
• complete Items 1 anNO121oraddfonol services. I also wish to receive the
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Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
HARLEY CLINTON ESHLEMAN,
NO. 99-4731 CIVIL TERM
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed Ion - ? yJ1
August 5, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to
unsworn falsification to authorities.
Date: dWumf ?Loff L'?Q4&'/l
Heather Virginia Eshleman, Plaintiff
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HEATHER VIRGINIA ESHLEMAN, : IN THE COUR"I' OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
HARLEY CLINTON ESHLEMAN.
NO. 99-4731
CIVIL TERM
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER § 3301(c) OF THE DIVORCE CODE --?
I . I consent to the entry of a linal decree of divorce without notice.
2. I understand that Inlay 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 a Marital Settlement Agreement in which I have read and signed will be
made of part of the final divorce decree.
4. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that
a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. 1 understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. §4404, relating to unsworn falsification
to authorities.
Date:_111 q7'7
I-leather Virginia Eslileman, Plaintiff
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Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
HARLEY CLINTON ESHLEMAN, : NO. 99-4731
Defendant : IN DIVORCE CIVIL TERM
<,
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
August 5, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to
unsworn falsification to authorities.
Date: t) ec. N 1999 ?V
Harle linton Eshleman, Defendant
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HEATHER VIRGINIA ESHLEMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
HARLEY CLINTON ESHLEMAN, : NO. 99-4731
Defendant : IN DIVORCE CIVIL TERM
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER § 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if I do not claim them before a divorce is granted.
3. I understand that a Marital Settlement Agreement in which I have read and signed will be
made of part of the final divorce decree.
4. I understand that I will not be divorced until a divorce decree is entered by the Court and that
a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to un worn falsification
to authorities.
Date:-hgC. -I 195 9 4 ?--.
H h
leman, Defendant
Gr,)F)Y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
HEATHER VIRGINIA ESHLEMAN
Plaintiff
V.
File No. 4731 1999
IN DIVORCE
HARLEY CLINTON ESHLEMAN
Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff in the above matter, having been granted a Final
Dec in (Divorce on the 22nd day of December, 1999, hereby elects to resume the prior surname
Of ee I r ? r(, n 1110 and gives this written notice pursuant to
the provisions of 54 P.S. 704.
DATE: 2000 __-?l???? I/•?II CQ/?????
Signature
V
Signature of name being resumed
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF
Y
On the day of ? Lai 4 2L 2000, before me, a Notary Public, personally
appeared the above affiant know to me to be the p son whose name is subscribed to the within document and
acknowledged that she executed the foregoing for the purpose therein contained.
In Witness Whereof, 1 have hereunto set my hand and official seal.
Notary Public
NOTA41AI SEAL
rFRMA( HOCK NOTARY PORLIC
At I I WAN i EW01 COLIN1Y, PA
MY WMM15SRIN l1H'IRI S I f a 11, 7007
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