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HomeMy WebLinkAbout01-3101LEONA EDMONDS Plaintiff JEFFERY C. EDMONDS Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 'NO. O~'-- ~:~)! : CIVIL ACTION - DIVORCE NOTICE TO DEFEND 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 in 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 grounds for the divorce are indignities or irretrievably breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, (717) 240-6195. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERY'I-, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLIAM 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 Lawyer Referral Service 4 Liberty Avenue Carlisle, PA 17013 717-249-3166 LEONA EDMONDS Plaintiff JEFFERY C. EDMONDS Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 'NO. ~)/- 3'/o/ ~ -~'~.~ : CIVIL ACTION - DIVORCE COMPLAINT IN DIVORCE AND NOW HERECOMES, the Plaintiff, by and through his attorney, Lisa M Greason, Esquire and respectfully represents: 1. Plaintiff is Leona Edmonds, an adult individual who currently resides at 107 Furman Road, Dillsburg, York County, Pennsylvania. 2. Defendant is Jeffery C. Edmonds, an adult individual who currently resides at 486 Wolf's Bridge Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on the 7th day of November, 1999 in Dillsburg, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or navel service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940 and its amendments. 6. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. COUNT I - DIVORCE 8. The causes of action and sections of the Domestic Relations Code under which Plaintiff is proceeding are Section 3301(c). 9. The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff believes that 10. Plaintiff intends to file an Affidavit consenting to a divorce. Defendant may also file such an Affidavit. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT II - EQUITABLE DISTRIBUTION 11. The prior paragraphs of this Complaint are incorporated by reference. The public policy of the Commonwealth of Pennsylvania encourages parties to a 12. martial dispute to negotiate a settlement of their difference. 13. The parties own real estate located at 137 Appalachian Drive, Carlisle, Cumberland County, Pennsylvania. The parties also have joint interest in other real and personal property and debt, which must be equitably divided. 14. While no settlement has been reached as of the date of the filing of the Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. '15. The parties may enter into a written agreement with regard to real and personal property and debt division. In the event that the parties execute such an agreement, Plaintiff desires that such written agreement be approved by the Court and incorporated, but not merged, in any divorce decree dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the parties prior to the time of the hearing on this Complaint, Plaintiff respectfully requests that pursuant to the Sections 3104(a)(1 ) and (3) and 3323(b) of the Divorce Code, the Court approve and incorporate, but not merge, such agreement in the final divorce decree. Respectfully Submitted, GREASON LAW OFFICE Date 155 S. Hanover Street Carlisle, PA 17013 (717) 241-3030 ID #78269 VERIFICATION I verify that the statements made in the foregoi, ng Complaint in Divorce are true and correct. I understand that false statements her~ ~e made su~ to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsificatio~'fO authorities. Date ~ona M. Edmonds LEONA EDMONDS Plaintiff JEFFERY C. EDMONDS Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA 'NO. Oi-3~O~, ~-',~,~'\ · CIVIL ACTION - DIVORCE AFFIDAVIT OF SERVICE BY MAIL I, Lisa M. Greason, Esquire, being duly sworn according to law, deposes and says that I mailed a copy of the Complaint in Divorce filed in this matter b y certified registered mail, return receipt requested, addressee only, to the Defendant at 486 Wolfs Bridge Road, Carlisle, PA 17013, on the 5/~-* day of May, 2001. The return receipt signed by the Defendant is evidence of delivery to her and is attached hereto as Exhibit "A". Date 155 S. Hanover Street Carlisle, PA 17013 (717) 241-3030 ID #78269 · Complete items 1, 2, and 3, Also complete item 4 if Restricted Delivery is desired. · Print your name and addrees on the reveme so that we can return the 6im~ to you. · Attach this card to the back of the rnailplece, or on the froct if s, psoe permits. I1. Afficle Addte~ME~~>' E£STRICTED PS FO~ 381 t, July 1999 ~c~ M~ [] Insured Mall 4, Rectal'ted D~ive~? (,(,(,(,(,(,(,(,(,(~ Fee) Agent [] Express Mail .~ Return Receipt for Merchandis, r~ c,o.o. Dometltic Return R~ceipt 102595-0C~M-0952 ~ EXHIBn' LEONA EDMONDS Plaintiff JEFFERY C. EDMONDS Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001 - 3101 : CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 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 the filing of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904 relating to unsworn falsification to authorities. LEONA EDMONDS Plaintiff JEFFERY C. EDMONDS Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 - 3101 CIVIL ACTION - DIVORCE 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 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 false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: L~IA EDMONDS Leona Edmonds, Plaintiff Jeffery C. Edmonds, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NO. 2001-3101 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on ~ ~ , 2(~_J. 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: ~~ C. Edmonds, l;~fe'-ffdant Leona Edmonds, Plaintiff V. Jeffery C. Edmonds, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-3101 CIVIL TERM IN DIVORCE 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 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 unsworn falsification to authorities. Date: · Edmonds, Defendant LEONA EDMONDS Plaintiff JEFFERY C. EDMONDS Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001 - 3101 : CIVIL ACTION - DIVORCE AND NOW this -L~ day of -r~ , 2003, upon consideration of the Petition of Plaintiff, the Order of Court dated February 20, 2002 appointing of E. Robert Elicker, Esquire as Divorce Master in the above captioned case is hereby vacated. / cc: ¢'.,~aul B. Orr, Esquire v/Lisa M. Greason, Esquire LEONA EDMONDS Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001 - 3101 JEFFERY C. EDMONDS Defendant : CIVIL ACTION - DIVORCE PETITION TO VACATE ORDER AND NOW comes Plaintiff, Leona Edmonds, by and through her attorney, Lisa M. Greason, Esquire and represents the following: A Motion for Appointment of a Divorce Master was filed in this case and a subsequent Order of Court dated 2/20/02 appointed E. Robert Elicker, Esquire as the Divorce Master in this case. Since this appointment, the parties have reached an Agreement as reflected in the Marital Settlement Agreement, which has been filed with the Cumberland County Prothonotary's office. 3. The parties have also signed Affidavits of Consent and Waivers of Notice, which have also been filed with the Cumberland County Prothonotary's office. 4. The parties no longer need, nor require the Divorce Master in this case. WHEREFORE, Plaintiff requests this Honorable Court to vacate its order dated 2/20/02 appointing E. Robert Elicker, Esquire as the Divorce Master in this case. Respectfully Submitted, GREASON LAW OFFICE Dat~e/ J~IL~'~ ? Post Office Box 385" Carlisle, PA 17013 (717) 241-3030 ID #78269 LEONA EDMONDS Plaintiff JEFFERY C. EDMONDS Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001 - 3101 : CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Motion for Vaca' io~ Divorce Master upon hand delivery to Paul B. Orr, Esquire, by depositing same in Attorney's Courthouse mailbox on the ,/~L~''~ day of February, 2003. GREASON LAW OFFICE Date: Lisa M. Gmasor~squire P.O. Box 385 Carlisle, PA 17013 (717) 241-3030 Supreme Court # 78269 Attorney for Plaintiff LEONA EDMONDS Plaintiff V. JEFFERY C. EDMONDS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 3101 OF 2001 CIVIL TERM : CIVIL ACTION - CUSTODY : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER AND NOW COMES the Plaintiff, Leona Edmonds, by and through her attorney, Lisa M. Greason, Esquire and moves this court to appoint a master with respect to the following claims: ( X ) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite and in support of the motion states: ( X ) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses 1. Discovery is complete as to the claims for which the appoint of a master is requested. 2. The defendant has appeared in this action by his attorney, Paul B. Orr, Esquire. 3. The statutory grounds for divorce are § 3301(c) and § 3301(d) of the Divorce Code. 4. Delete the inapplicable paragraphs: a. The action is contested with respect to the following claims: distribution of property. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 2 hours. Respectfully Submitted, GREASON LAW OFFICE Date Lisa M Greas(:~d, Esquir~y' ) P.O. Box 385 (/ Carlisle, PA 17013 (717) 241-3030 ID #78269 VERIFICATION I verify that the statements made in the foregoing Motion 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 LE~)NA EDMONDS LEONA EDMONDS Plaintiff V. JEFFERY C. EDMONDS Defendant · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 'NO. 3101 OF 2001 CIVIL TERM : CIVIL ACTION - CUSTODY : IN DIVORCE AFFIDAVIT OF SERVICE BY MAIL I, Lisa M. Greason, Esquire, being duly sworn according to law, deposes and says that I mailed a copy of the Motion for Appointment of Master filed in this matter by first class mail to Paul B. Orr, Esquire at 50 East High Street, Carlisle, PA 17013 on the j/~,.h, day of /~,,C£_4.,~,~/ , 2002. ~/"~-'L~a M. Grea/son, .E~quire P.O. Box385 // Carlisle, PA 170L.1~ (717) 241-3030 ID #78269 LEONA EDMONDS Plaintiff V. JEFFERY C. EDMONDS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 3101 OF 2001 CIVIL TERM : CIVIL ACTION - CUSTODY · IN DIVORCE ORDER OF COURT AND NOW, this a~ day of ..~t~.~,~, 2002, upon consideration of the attached Motion for Appointment of Master, E. Robert Elicker, Esquire is appointed master with respect to the following claims: divorce, distribution of property. By the Court: /Lisa M. Greason, Attorney for Petitioner ,,"'Paul B. Orr, Attorney for Defendant II LEONA EDMONDS Plaintiff JEFFERY C. EDMONDS Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001 - 3101 : CIVIL ACTION - DIVORCE NOTICE TO RESUME PRIOR SURNAME To the Prothonotary: Notice is hereby given that the Plaintiff in the above matter: X prior to the entry of a Final Decree in divorce. OR __ after the entry of a Final Decree in Divorce hereby elects to resume the prior surname of SWEGER and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. §704. Date ~a~Mr~'e~r~e b~i n g~re s u i~1 e d ) COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND On the /k/~'~1 day of ~bru~z(~/ , 2003, before me, a Notary Public, a, personally ppeared Leona M. Edmonds, also known as Leona M. Sweger, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledge that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, have hereunto set my hand and official seal. SUZANNE M. DEDERER, Notary Public Carnp HilI.Boro, Cumberland County My Commi~ion Expires Aug. 20, 2005 LEONA EDMONDS, : IN THE COURT OF COM~ON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01 3101 CIVIL : JEFFERY C. EDMONDS, : Defendant : IN DIVORCE ORDER OF COURT day of , 2003, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated January 16, 2003, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: Lisa M. Greason Attorney for Plaintiff Paul B. Orr Attorney for Defendant LEONA EDMONDS Plaintiff JEFFERY C. EDMONDS Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001 - 3101 : CIVIL ACTION - 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: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code 2. Date of the execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: By plaintiff: 2/12/03; By defendant: 2/12/03. 3. No related pending claims. 4. Date of execution of Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: By plaintiff: 2/12/03; By defendant: 2/12/03. Respectfully Submitted, GREASON LAW OFFICE Date Carlisle, PA 17013 (717) 241-3030 ID #78269 LEONA EDMONDS Plaintiff JEFFERY C. EDMONDS Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001 - 3101 : CIVIL ACTION - DIVORCE MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this I 10~t day of '~'/~~/ 2003, between Leone Edmonds, (hereinafter called "Wife") and Jeffery C. Edmonds (hereinafter called "Husband"). WlTNESSETH: The parties hereto are Wife and Husband, having been married on November 7, 1999 in Dillsburg, York 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 Wife; (3) the implementation of custody arrangements for the minor children of the parties for the immediate future; and (4) in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the 3remises 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 The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Lisa M. Greason, Esquire, for Wife, and Paul Bradford Orr, Esquire, for Husband. Each party acknowledges that she or he has received independent legal advice from counsel of her or his selection and that each fully understands the facts and has been fully informed as to her or his legal rights and obligations and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 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 Wife and Husband do hereby acknowledge they have heretofore divided the marital property, including, but without limitation, jewelry, clothes, furniture and other personalty, and hereafter, Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items, which are the sole and separate property of the other. 5. REAL PROPERTY Wife hereby releases, quitclaims and forever terminates any marital rights she may have in the marital home located at 137 Appalachian Drive, Carlisle, PA and property owned by Husband prior to the marriage, located at 486 Wolf's Bridge Road, Carlisle, PA. From the date of this Agreement, 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. Husband hereby releases, quitclaims and forever terminates any marital rights he may have in real estate purchased by Wife after the parties separated, located at 107 Furman Road, Dillsburg, PA. From the date of this Agreement, Wife agrees to assume as her sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises, and Wife agrees and covenants to hold Husband harmless from any such liability or obligation. 6. SUPPORT Husband agrees that he will pay Wife the sum of $ 13,000.00 by delivery of a cashier's check for the same and currently in a form that will be free of taxes to Wife. ' - - - ~ ..... ' i:~-" k_ _~ .~ ., , f ..... A ~ .~ .... ,, _ r_~:~_ ~ ~z ~u ........... The parties hereby acknowledge that by and in accordance with this Agreement they have each respectively secured and maintained a substantial and adequate funds with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, support or maintenance except as otherwise provided by this Agreement. It shall be, from the implementation date of this Agreement as set forth, the sole responsibility of each of the respective parties to sustain themselves without seeking any additional support from the other party; that is to say until the date of implementation, Husband shall continue the existing support and maintenance. All financial obligations undertaken by Husband in this Paragraph 6 shall be binding upon Husband's heirs, executors, administrators, successors and assigns, and shall constitute a charge against Husband's estate. 7. TAX RETURNS Husband and Wife agree that they shall each file separate and apart, their individual federal, state and local taxes for the calendar year 2001; and if the parties are entitled to any refund hereunder; they shall each be entitled to their individual proceeds without any payment or credit to the other party. Should there be a tax liability, it shall be each individual's responsibility and obligation to pay for any tax liability that party may owe for 2001. Husband further agrees that he will be responsible and hold Wife harmless for any contingent liabilities on joint income tax returns previously filed by the parties and will agree to pay any claim or expenses arising out of such returns or liabilities, unless additional liabilities are found to be attributable to misrepresentations or failures to disclose the nature and extent of Wife's income as it may appear on said previous tax returns. The Husband is solely liable for any and all taxes due and owing in regard to the marital property and any other real and property the Husband may own in his name. The Wife is solely liable for any and all taxes due and owing in regard to any real or personal property the Wife may own in her name. 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. 9. LEGAL FEES Husband and Wife hereby agree 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 to condone 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 kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for 7 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 (and within at least 20 days after demand therefore) 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 of any 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. 17. NOTICE PROVISIONS (a) Notice to,Husband shall be sent by certified mail, return receipt requested to b?.e ..... ~ W~.,~. ;3.'-.~ -J.~, Carlise, PA, or SUCh other address as Husoano from time to time may designate in writing. (b) Notice to Wife shall be sent by certified mail, return receipt requested, to 107 Furman Road, Dillsburg, PA 17019, or such other address as Wife from time to time may designate in writing. 9 18. 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. 19. 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. 20. ESCROW CLAUSE Wife hereby appoints Lisa M. Greason, Esquire, and Husband hereby appoints Paul Bradford Orr, Esquire, to serve as escrowees hereunder. Escrowees shall receive any and all documents, instruments or monies specified hereunder until distribution of same; they shall not be liable for any mistake of fact or error of judgment, or any acts or omissions of any kind whatsoever. 21. 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, Lisa M. Greason, Esquire, to deliver to Husband's attorney, Paul Bradford Orr, Esquire, 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 10 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. 22. CONTROLLING LAW This Agreement shall be Commonwealth of Pennsylvania. construed in accordance with the laws of the IN WITNESS WHEREOF, the parties hereto have set their hands and seal 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. ~~ED O S, usba d 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the ~-~r day of J~'~ ~""~"~'~ ,2003, before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared LEONA M. EDMONDS 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. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. this, the I~b.~ day of ~ ,2003, before me, the On subscriber, a Nota~ ~-~lic for th~ Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared JEFFERY C. EDMONDS 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, Lisa M. Greason, Esquire, and Paul Bradford Orr, Esquire, have carefully reviewed the contents of this Agreement. We agree that each of us will act as an Escrowee under the terms of this Agreement and that each of us will perform all of the obligations required to be performed as an Escrowee under this Agreement. Date PAUL B F~)RD ORR Attorney for Husband Jire --squire 12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of ._~~~ ~ LEONA EDMONDS SWEGER I NO. Wife, Plaintiff PENNA. 01-31ol VERSUS JEffeRY C. EDMONDS Husband, Defendant DECREE iN DIVORCE AND NOW, DECREED THAT AND LEONA EDMONDS SWEGER lt IS ORDERED AND JEFfERY C. EDMONDS , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THiS ACT[ON FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE BY THE ~~~L COURT: / ATTEST: PROTHONOTARY