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HomeMy WebLinkAbout06-3717JAMES G. EDWARDS, Plaintiff VS. SHANNON F. EDWARDS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Ap - 3 71-7 Civil Tenn ACTION 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 or other rights important to you, including custody or visitation of your children. Where 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, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 JAMES G. EDWARDS, Plaintiff vs. SHANNON F. EDWARDS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06' Y'717 Civil Term ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is James G. Edwards, a competent adult individual, who has resided at 57 W. Baltimore St., Carlisle, Cumberland County, Pennsylvania, since January 2006. 2. Defendant is Shannon F. Edwards, a competent adult individual, who resides at 265 W. Pomfret St., Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on May 29, 1991 in Clinton County, Iowa. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have two children together, namely, Forest Edwards, date of birth, August 2, 1998 and Hayden Edwards, date of birth, May 25, 2001. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Date: ?IA Vo Jane Adams, Esquire I.D. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF :01rcl t p,,.) - I ?? ? ((\pp?_?\?l/ ? ,..T 1 +?_. S 1 `J • - i 7 l?r ?` ?. i^. J ? ? ^ i r,,. S3 -C w \ C CC l3 F: \FILES\DATAFILE\General\Cucrent\ 12086.1. pra t Created 9120/04 0:06PM Revised: 7/10/06 11:56AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant JAMES G. EDWARDS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3717 CIVIL ACTION - LAW SHANNON F. EDWARDS, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO By Jenn/fer/L. Spears, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: July 10, 2006 r CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, anauthorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jane Adams, Esquire 64 South Pitt Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO C Y ncia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 10, 2006 JAMES G. EDWARDS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. Civil Term SHANNON F. EDWARDS, ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE AND NOW, this July 14, 2006, I, Jane Adams, Esquire, hereby certify that on July 7, 2006 a certified true copy of the NOTICE TO DEFEND AND DIVORCE COMPLAINT was served, via certified mail, return receipt requested, addressed to: Shannon F. Edwards 265 Pomfret St. Carlisle, Pa. 17013 DEFENDANT ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the hack of the mailpieoe, or on-the front if space permits. 1. Article Addressed to: SIHAr NON F EDWARDS 265 POMFRET ST CARLISLE PA 1 7 01 3 A. Signature B. Received by (printed Name) C. D. Is delivery address different from item If YES, enter delivery address below: 3. *1ype 9M all ? Express Mail tered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. mazer 2. Article Number 7005 1820 0002 4 619 2016 Mornlf r loom Service MW ?... P$ Form 3811, February 2004 Domestic Return Receipt 102595-02-Wl540 nouth Adams, Esquire No. 79465 Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF JAMES G. EDWARDS, Plaintiff VS. SHANNON F. EDWARDS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 3717 Civil Term ACTION IN DIVORCE ACCEPTANCE OF SERVICE I, Jennifer L. Spears, Esquire, represent Shannon F. Edwards, in the above-captioned matter; I hereby accepted service of the Notice to Defend and Complaint in Divorce on or about July 10, 2006, which was filed by Plaintiff under the above- captioned number and I hereby affirm I am authorized to do so. Date: 2 U? 14? Je ' er . Spears, Esquire 10 East High St. Carlisle, Pa. 17013 (717) 243-3341 ATTORNEY FOR DEFENDANT ?? ? ?, ? ' ? -,? r JAMES G. EDWARDS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . Vs. SHANNON EDWARDS Docket No. 06-3717 Defendant MOTION FOR APPOINTMENT OF MASTER SHANNON EDWARDS (Defendant), moves the court to appoint a master with respect to the following claims: Divorce Distribution of Property () Annulment ( ) Support () Alimony () Counsel Fees (} Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested-PLAINTIFF (2) The amt (has) f4dWA" appeared in the action (by his attorney, JANE ADAMS , Esquire). (3) The Staturory ground (s) for divorce (is) (are) IRRETRIEVEABLE BREAKDOWN (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: NONE c. The action is contested with respect to the following claims: SEE ABOVE (5) The action 0XV5M) (does not involve) complex issues of law or fact (6) The hearing is expected to take 1/2 QjwA(days)• (7) Additional information, if any, relevant to the motion: Date: for (Defendant) Print Attorney Name ......... Jennifer L. Spears, Esquire ORDER APPOINTING MASTER AND NOW, 920 , Esquire is appointed master with respect to the following claims: By the Court: J. na a C ? C- 21? Fii gt t ? k ^ ?_ TT f:. t jii w,) Iv jv{ S ?-,.t JUN 1 7 2008 JAMES G. EDWARDS : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. . SHANNON EDWARDS Docket No. 06-3717 Defendant MOTION FOR APPOINTMENT OF MASTER SHANNON EDWARDS (Defendant), moves the court to appoint a master with respect to the following claims: Divorce it? Distribution of Property () Annulment ( ) Support O Alimony O Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is relueSted•PLAINTIFF (2) The UWARt (has) WA appeared in the action qzzKmwW (by his attorney, JANE ADAMS , Esquire). (3) The Staturory ground (s) for divorce (is) (are) IRRETRIEVEABLE BREAKDOWN (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: NONE c. The action is contested with respect to the following claims: Date: Print Attorney Name SEE ABOVE (5) The action 01MM) (does not involve) complex issues of law or fact (6) The hearing is expected to take 1/2 Qwja? (days). (7) Additional information, if any, relevant to the motion: AND NOW, , 20 D T - 6' WkA C&4 A& r - Esquire is appointed maste with respect to the following claims: eK, ~3 C , V CL ? LU = ts. ct:a v C V `? a ? i ' i C N l? m tt? 545 CSti F:OLES\Chenw 12086 EdwardsV 2086. L ms 1 Created: 9/20/04 0:06PM Revised: 7/3/08 8:51AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant JAMES G. EDWARDS, Plaintiff V. SHANNON F. EDWARDS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3717 CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S PETITION RAISING ECONOMIC CLAIMS AND NOW, comes the Defendant, Shannon F. Edwards, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Petition as follows: 1. Plaintiff and Defendant are the joint owners as tenants by the entireties of certain real estate which is subject to equitable distribution by this Court. 2. Plaintiff and Defendant are the owners of various items ofpersonal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this Court. 3. Plaintiff and Defendant are the owners of various motor vehicles and bank accounts acquired during their marriage which are subject to equitable distribution by this Court. WHEREFORE, Defendant requests the Court to equitably distribute all property owned by the parties. MARTSON LAW OFFICES By J ennifer W.pears, Esquire a?- 10 East High Street Carlisle, PA 17013 (717) Date: July 3, 2008 243-3341 Attorneys for Defendant VERIFICATION Jennifer L. Spears, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for Defendant in the within action, certifies that the statements made in the foregoing Petition are true and correct to the best of her knowledge, information and belief. She understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Jennifer L. pears, Esquire CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jane Adams, Esquire 64 South Pitt Street Carlisle, PA 17013 MARTSON LAW OFFICES c a D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 3, 2008 e ley ,IP GJ F:-+FILEWhents,.120S6 EdwardsU2086.hmal t Canted: 930 04 U:U6PA?1 Reaised: S 6 08 0:04PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant JAMES G. EDWARDS, Plaintiff V. SHANNON F. EDWARDS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3717 CIVIL ACTION - LAW : IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this r/ day of ?- , 2008, by and between JAMES G. EDWARDS, of 57 West Baltimore Street, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Husband") and SHANNON F. EDWARDS, 265 West Pomfret Street, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were married on May 29, 1993, in Iowa; WHEREAS, two children, Forest Edwards, born August 2,1998, and Hayden Edwards, born May 25, 2001, have been born of the marriage of the parties; WHEREAS, 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, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. 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, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. 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. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Husband filed a Complaint in Divorce in Cumberland County, Pennsylvania on June 29, 2006, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agrdement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer ofproperty, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutuallyremise, release, quit-claim 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, title and interest, 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 situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof; whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy 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 a 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 country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give 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 the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Jennifer L. Spears, Esquire, counsel for Wife and Jane Adams, Esquire, counsel for Husband. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is bding entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Within 30 days of the date of this Agreement at the parties' mutual convenience, Husband shall receive the requested personal property, including the guns, tea cart, drop leaf table, canoe, and lawyer's bookcases. Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. '12. DIVISION OF REAL PROPERTY: Husband will execute a deed conveying all of his interest in, right and title to the parties' marital residence at 265 West Pomfret Street, Carlisle, PA to Wife. From the date of the deed, Wife will be the sole owner of the property. Wife shall be solely responsible for any and all mortgage payments, taxes, utilities, insurance premiums, or other liabilities relating to said property. Wife will refinance the property now and pay to Husband the sum of $37,500.00. If Wife is unable to refinance now, she will do so within three years. Wife will execute a deed conveying all of her interest in, right and title to the residence at 57 West Baltimore Street, Carlisle, PA to Husband. From the date of the deed, Husband will be the sole owner of the property. Husband shall be solely responsible for any and all mortgage payments, taxes, utilities, insurance premiums, or other liabilities relating to said property. Husband shall have 60 days from the date of the Agreement to refinance the mortgage and remove Wife's name from same. 13. BANK ACCOUNTS CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Wife will retain the joint account. Husband and Wife acknowledge that all other joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 14. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to their respective vehicles. 15. AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2008. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. [Each party will be entitled to claim one child as a dependent beginning with the 2008 tax year.] 17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act'), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 18. WAIVER OF ALIMONY: Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs, except for alimony pendente lite or spousal support payable by Husband to Wife prior to the date of execution of this Agreement. 19. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: Husband will retain his TIAA CREF, Exxon Stock, Charles Schwab account and any other investments to which Wife will waive any and all rights. Wife will retain her retirement assets with Harman International Industries, Inc., Putnam, and Presbyterian Homes, Inc., to which Husband will waive any and all rights. Any other retirement assets or investment accounts shall be considered the sole property of the party who has title and/or possession. 20. MARITAL DEBT: If it has not already been done, Wife shall pay the loan from American Home Bank. All other marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. 21. HEALTH INSURANCE: Each party is responsible for their own health insurance and uninsured medical expenses. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 23. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 25. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLAUSES: 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. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 31. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as 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 defaults of the same or similar nature. 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. 11"M. U&Crj TNESS WI ESS AL) es G. Edwards, Husband C xan (SEAL) Shannon F. Edwards, Wife COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF S6 On this, 1 6 day of , 2008, before me a Notary Public, personally appeared James G. Edwards, known t e to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. m & Not Public COMMONWEALTH OF PENNSYLVANIA NOURM Seal AM M. Good, Notary Pubic Ca?sle 19oro. Cberland Cam ty COMMONWEALTH OF PENNSYLVANIA Eum>a?ee Iaec. ? to Member, Pen^svhrarl, aeseciatlon of hlotaAea COUNTY OF C: SS On this, the /a,? day of pr? , 2008, before me, a Notary Public, personally appeared Shannon F. Edwards, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my han official seal. Notary Public COMMONWEALTH OF PENNSYLVANIF NO710tto, SEAL ECadii5sle toria Lotary Public Boroberiand County mmissioecember 20, 2010 a cn j ? Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant JAMES G. EDWARDS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3717 CIVIL ACTION - LAW SHANNON F. EDWARDS, : Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on June 29, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree 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: /0-IS es G. Edwards, Plaintiff ?";? ?' -art G cx+ cry ?? :? ?-? t ' l?f Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant JAMES G. EDWARDS, Plaintiff V. SHANNON F. EDWARDS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3717 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301 (d) 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 waiver 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: q?3 0 ./? ames G. Edwards, Plaintiff ma ?, ? - c JAMES G. EDWARDS, Plaintiff VS. SHANNON F. EDWARDS, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 3717 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this xy day of , 2008, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated August 21, 2008, 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, „ 1 Gv? G7 Edgar B. Bayley, P.J. cc: /1'ane Adams Attorney for Plaintiff ennifer L. Spears Attorney for Defendant car C co -D LL- o to g N C LLJ a_ IJ cLA .:. u Q n c? .`~ C:D cv CJ F:\FILES\C&ats\12086 Edward02086.1.aoowon Created: 9120/04 0:06PM Revised: 9/ TN 1:37PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant JAMES G. EDWARDS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-3717 CIVIL ACTION - LAW SHANNON F. EDWARDS, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on June 29, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree 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 unworn falsification to authorities. L 5-A, ell- Zoe ` - (.rlGc cGv.t Date: Shannon F. Edwards, Defendant t ..? Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant JAMES G. EDWARDS, Plaintiff V. SHANNON F. EDWARDS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3717 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) OF THE DIVORCE CODE 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: y Shannon F. Edwards, Defendant a n : ; ? . . cp JAMES G. EDWARDS, Plaintiff vs. SHANNON F. EDWARDS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 3717 Civil Term ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please accept this request to transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 3301 c of the Divorce Code. 2. Date and manner of the service of the Complaint: Sent certified mail, return receipt requested, restricted deliver, received on July 7, 2006. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: September 23, 2008. By Defendant: September 24, 2008. 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: September 29, 2008. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: September 24, 2008. Date: (6 21e8 S ne Adams, Esquire D. o.79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff R _r co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. James G. Edwards, Plaintiff N O. No. of - 3717 f iva Term VERSUS Shannon F. Edwards, Defendant DECREE IN DIVORCE AND NOW, "&-4 i Syr , r200t , IT IS ORDERED AND DECREED THAT lames G Ed wards , PLAINTIFF, AND Shannon F. Edwards DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None; The marriage settlement agreement which was filed on September 15, 2008, and signed by the parties on August 21, 2008 shall be incorporated and not merged into this Decree. OURT: B:zl- w J. ATTESA P ROTHONOTARY i r a p_ ?/- ©I t • JAMES G EDWARDS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. SHANNON F. EDWARDS, Defendant No. Np - 3 71 ? Civil Term ACTION IN CUSTODY STIPULATION AND CUSTODY AGREEMEbLT VV This Stipulation and Custody Agreement is made this 6 day of OC194--ItLl' 2008, by and between Shannon F. Edwards, (Hereinafter referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and James G. Edwards, (Hereinafter referred to as "Father"), of Carlisle, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of two children, namely, Forest Edwards, born August 2, 1998; and Hayden Edwards, born August 25, 2001; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their children, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the children. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody. Mother and Father shall have joint legal custody of their children. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of each child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to each child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. 'Physical Custodv Physical Custody of the children, as that term is defined in the custody act, shall be shared by Father and Mother. 3. Schedule. The parties shall share physical custody of the children according to the following schedule. a. Mother shall have the children every Saturday at 5:00 p.m. through Wednesday morning, which shall consist of four overnights. b. Father shall have the children every Wednesday afternoon through Saturday at 5:00 p.m., which shall consist of three overnights. c. The parties shall alternate holidays with the children. d. Each party shall be entitled to two non-consecutive weeks with the child, during the summer, when there is no school, to consist of six overnights, provided that thirty (30) days notice is given to the other parent. W 4. Transportation and Exchange. The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent unless otherwise agreed. At all times, all children shall be secured in appropriate passenger restraints. 5. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that each child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in each child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of each child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for a child. 6. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of each child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of a child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement maybe adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: *fpears, Esquire . Carlisle, Pa. 17013 (717) 241-3341 Attorney for Mother 7 J Adams, Esqui 7 South St. C rlisle, Pa. 17013 17) 245-8508 Attorney for Father Shannon F. Edwards, Mother Date: /0/,Z/ o$ 4 J es G. Edwards, Father Date: !d 45 6_6 CZ) ..,,7 f l j 3 r V ? !y JAMES G. EDWARDS, Plaintiff vs. SHANNON F. EDWARDS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06 - 3717 Civil Term ACTION IN CUSTODY CUSTODY COMPLAINT 1. Plaintiff is James G. Edwards, who currently resides at 57 W. Baltimore Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Shannon F. Edwards, whose current address is 265 W. Pomfret St., Carlisle, Cumberland County, Pa., 17013. 3. Plaintiff is the Father of the following children and seeks a custody order regarding the following children: NAME DOB/AGE ADDRESS Forest Edwards 8/2/98 (10) parties share physical custody Hayden Edwards 5/25/01 (7) parties share physical custody Mother and Father were married on May 29, 1991 and separated in 2005. A divorce was entered October 14, 2008 under the above-captioned docket number. The parties have shared physical custody of the children since their separation in 2005. The mother of the children is Shannon F. Edwards. She currently resides at 265 W. Pomfret St., Carlisle, Pa. She is divorced from James G. Edwards. The father of the children is James G. Edwards. He currently resides at 57 W. Baltimore Street, Carlisle, Pa. He is divorced from Shannon F. Edwards. 4. The relationship of plaintiff to the children is that of Father. The plaintiff has shared physical custody of the children. 5. The relationship of defendant to the children is that of Mother. The defendant has shared physical custody of the children. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties separated in December 2005 and have shared physical custody of the children according to a schedule based on mutual oral agreement The parties are submitting a stipulation contemporaneously with this petition and request that their written stipulation be entered as a court order. This request is the in the best interest of the children because it would provide stability for the children and ensure regular and continuing contact with both parents 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Respectfully submitted, Date: Ine Adams, Esquire oD. No. 79465 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ?I Q es G. Edwardsin tiff ?, -._,.. ?.... ?? ?a ? ? ? v } ?°' „ }'_ «; '' r? rT.? ?a-s ? ? -1 f i_ f':'1 ? ? ° ..._ ml ±k ?. ;i ?J .. :?r;I --i ...., -„ D OCT $oZ008? JAMES G. EDWARDS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 3717 Civil Term SHANNON F. EDWARDS, ACTION IN CUSTODY Defendant ORDER AND NOW, this Z` day of dam, &- 2008, having reviewed the attached agreement between the parties, it is hereby ORDERED and DECREED that the stipulation entered by the parties on October 16, 2008, shall be entered as an Order of Court. cc: ?Jane Adams, Esquire, for father ? Jennifer Spears, Esquire CP`LS m?tlfcL MW Tj 1r yI 4Sri i),?.:M`'d? QZ •01 A ! Z 130 8002 Adv1.(.1i,i6t.L(.dd 3 'Hi 30