HomeMy WebLinkAbout02-2866GISELA EVANS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM I. EVANS,
VS. CIVIL ACTION -LAW
NO. 2002 - gK(e CIVIL TERM
Defendant : IN DIVORCE
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You are warned that if you
fail to do so, the case may proceed without you and a decree of divorce or annulment
may be entered against you by the Court. A judgment may also be entered against you
for any other claim or relief requested in these papers by the Plaintiff. You may lose
money or property or other rights important to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available
in the Office of the Prothonotary at the Cumberland County Court House, Carlisle,
Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
SAIDIS
SHUFF, FLOWER
& LINDSAY
AT'fORIEYS•AT•LAW
26 W. High Street
Carlisle, PA
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By
26 West High Street
Carlisle, PA 17013
(717) 243-6222
GISELA EVANS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION -LAW
: NO. 2002 - ??6 CIVIL TERM
WILLIAM I. EVANS,
Defendant IN DIVORCE
COMPLAINT
GISELA EVANS, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER &
LINDSAY, respectfully represents:
1. The Plaintiff is Gisela Evans, who currently resides at 1040 Alexander Spring
Road, Carlisle, Cumberland County, Pennsylvania, where she has resided since May
30, 2002.
2. The Defendant is William I. Evans, who currently resides at 124 West Hunter
Road, Carlisle, Cumberland County, Pennsylvania, where he has resided since 1997.
3. The Plaintiff and Defendant both have been bona fide residents in the
Commonwealth of Pennsylvania for at least six months immediately prior to the filing of
this Complaint.
4. The Plaintiff and Defendant were married on February 24, 1972, at
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
Henderson, North Carolina.
5. That there have been no prior actions of divorce or for annulment between
the parties in this or in any other jurisdiction.
6. The Plaintiff avers that she is entitled to a divorce on the ground that the
marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c)
and/or (d) of the Divorce Code.
7. Plaintiff has been advised of the availability of marriage counseling and of the
right to request that the Court require the parties to participate in marriage counseling,
and does not request counseling.
WHEREFORE, Plaintiff requests the Court to enter a decree of divorce.
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATr0RhM"-AT-IAW
26 W. High Street
Carlisle, PA
By:
Carol J. Lind ay, Esquire
ID#4469Z-,/
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Date: ,,t- S v -
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. § 4904, relating to unsworn falsification to authorities.
?.No/ e! ? 9
Gisela Evans
Date. yf ?Q Z 0 Z
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORMYS•AY•LAW
26 W. High Street
Carlisle, PA
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GISELA EVANS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION - LAW
: NO. 2002 -,2 8-&6 CIVIL TERM
WILLIAM I. EVANS,
Defendant/Respondent IN DIVORCE
PETITION FOR
ALIMONY PENDENTE LITE
Now comes Gisela Evans, by and through counsel, SAIDIS, SHUFF,
FLOWER & LINDSAY, and petitions this Honorable Court as follows:
1. The parties hereto are husband and wife, having been joined in marriage
on February 28, 1972.
2. The parties separated on or about May 31, 2002.
3. Petitioner filed a Complaint for Divorce on the same day as the date on
which she filed this Petition.
4. Petitioner is without the ability to earn income sufficient to meet her
reasonable needs.
WHEREFORE, Petitioner prays this Honorable Court to order alimony pendente
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
lite in an amount equal to the Pennsylvania State Support Guidelines.
SAIDIS, SHUFF, FLOWER & LINDSAY
Attorneys for Petitioner
By:.
ID# 46
26 High Street
Carlisle, PA 17013
(717) 243-6222
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. 1 &04
1_
Gisela Evans
Date: i - // 2002
SAIDIS
SHUFF, FLOWER
& LINDSAY
A TURNEYS•Ar•i.AW
26 W. High Street
Carlisle, PA
DRS ATTACHMENT FOR APL PROCEEDINGS
PETITIONER: GISELA EVANS
DOB: APRIL 19, 1941 SSN: 226-60-1802
ADDRESS: 1040 ALEXANDER SPRING ROAD, CARLISLE, PA 17013
PHONE: 243-6222
ATTORNEY: CAROL J. LINDSAY, ESQUIRE
PETITIONER'S EMPLOYMENT: NONE - SOCIAL SECURITY DISABILITY
HOW LONG?
NET PAY: 710.00 PER MONTH
JOB TITLE: NONE
OTHER INCOME: (INCLUDE AMOUNTAND SOURCE)
RESPONDENT: WILLIAM I. EVANS
DOB: OCTOBER 18 1934 SSN: 231-36-4640
ADDRESS: 124 WEST HUNTER ROAD, CARLISLE, PA 17013
PHONE:
ATTORNEY: UNKNOWN
RESPONDENT'S EMPLOYMENT: LAWNS UNLIMITED
HOW LONG? UNKNOWN
NET PAY: EST. 16.000. PER YEAR
JOB TITLE:
OTHER INCOME: (INCLUDEAMOUNTAND SOURCE) SOCIAL SECURITY. (35 000) (13 000) RETIREMENT INCOME
2 SOURCES: 8579. AND 4950. RENTAL INCOME: SELF-EMPLOYMENT (8,500.)
WHEN MARRIED: FEBRUARY 28, 1972 WHERE: HENDERSON, NORTH CAROLINA
DATE SEPARATED: MAY 30, 2002
WHERE LAST LIVED TOGETHER: 124 WEST HUNTER ROAD, CARLISLE, PA 17013
FOR DRS INFORMATION ONLY
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DANIEL HANAWALT, a minor,
by JOHN HANWALT and ELIZABETH
HANAWALT, his parents and natural
guardians,
Plaintiffs
VS.
EDGAR FREED
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. CQ _ A,?43 l tvc? ??/Lry?
JURY TRIAL DEMANDED
PETITION FOR APPROVAL OF MINOR
PLAINTIFF'S COMPROMISED SETTLEMENT
Pursuant to Pa.R.C.P. No. 2039, Plaintiffs John Hanawalt and Elizabeth Hanawalt, as
parents and natural guardians of Daniel Hanawalt, file this Petition for Court Approval of Minor
Plaintiff's Compromised Settlement and in support thereof aver the following:
Plaintiffs John and Elizabeth Hanawalt, husband and wife, are adult individuals
residing at 110 Columbia Road, Enola, Cumberland County, Pennsylvania.
2. Plaintiffs John and Elizabeth Hanawalt, are the parents and natural guardians of
minor Plaintiff Daniel Hanawalt who resides with them and who is 11 years old, having been
born on June 30, 1990.
3. The minor Plaintiff has selected Plaintiffs John and Elizabeth Hanawalt, the
Petitioners, as his parents and natural guardians, to represent his interest in this Petition.
4. Defendant Edgar Freed is an adult individual residing at 105 Columbia Road,
Enola, Cumberland County, Pennsylvania.
5. On April 25, 2001, Plaintiff Daniel Hanawalt was attacked and injured by
Defendant's dog at 105 Columbia Road, Enola, Cumberland County, Pennsylvania. A copy of
Document #: 135760.1
the Pennsylvania Department of Health - South Central District Office Bite Report is attached
hereto as Exhibit "A" and incorporated herein by reference.
6. As a result of the aforesaid incident, Plaintiff Daniel Hanawalt sustained injuries
and was taken to the hospital.
7. Since the incident, Daniel Hanawalt has made a good recovery and is no longer
treating with any medical providers.
8. The minor Plaintiff has no out-of-pocket expenses and there are no liens or rights
of recovery related to the incident and the medical bills have been paid.
9. Since the time of the incident, the parties have continued good faith negotiations
resulting in the agreed upon settlement.
10. The parties agree to a settlement of Twenty-Seven Thousand Five Hundred
Dollars ($27,500.00).
11. The Plaintiffs after consultation with their counsel determined that the best
interests of the minor would be served through an immediate dispersal of $9,500.00 from which
counsel's 25% fee ($6,875.00) and necessary outstanding expenses ($171.90) will be paid. The
remaining $2,453.10 of the immediate dispersal will be used for the immediate benefit of Daniel
Hanawalt and the remaining sum will be placed in a structured settlement account in accordance
with the documents attached hereto as Exhibit "B" and incorporated herein by reference.
12. The structured settlement accounts are designed so that the minor will have set
sums of money paid to him at the ages of 18 years of age ($7,500.00), 21 years of age
($10,000.00), and 25 years of age($14,000.00).
-2-
Do ent #: 185095.1
13. The minor Plaintiff's best interest would be served by approval of this settlement
and Petitioners respectfully request that this Honorable Court approve this settlement of the
claims in the foregoing amounts.
14. Counsel was retained by the Petitioners to represent the minor Plaintiff on a
contingent fee basis of 25% of gross recovery, which fee is fair and reasonable for the time and
effort expended on behalf of the minor Plaintiff. A copy of the Fee Agreement is attached hereto
as Exhibit "C" and incorporated herein by reference.
15. The Petitioners respectfully request that this Honorable Court approve of the
compromised settlement of the minor claims in the gross amounts of Twenty-Seven Thousand
Five Hundred Dollars ($27,500.00) out of which Petitioners will receive directly for the benefit
of minor Plaintiff Daniel Hanawalt, $2,453.10 to be used for Daniel's immediate benefit; counsel
will receive the Six Thousand Eight Hundred Seventy-Five Dollars ($6,875.00) out of the lump
sum of the minor settlement; fees of $171.90 will be reimbursed to the Law Finn of Metzger,
Wickersham, Knauss & Erb, P.C. and the remainder will go into the structured settlement.
16. The Petitioners request for the balance to go into the structured settlement
accounts is in accordance with Pa.R.C.P. No. 2039 and in particular 2039(b)(3).
17. Upon approval, the Petitioners will also sign the Settlement Agreement and
Release, a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference.
18. Upon approval of the minor compromised settlement, the Petitioners also desire to
discontinue this action filed against Defendant upon receipt of the lump sum to be paid on behalf
of Daniel Hanawalt and the transfer of the funds to the structured settlement accounts as set forth
herein.
-3-
Document H: 185095.1
19. The Defendant concurs with the filing of this Petition and also seeks approval of
the minor compromised settlement under the terms set forth above.
WHEREFORE, the Petitioners respectfully request that this Honorable Court approve of
the minor Plaintiffs compromised settlement and enter an Order distributing the funds as
follows:
(1) To be paid to John and Elizabeth Hanawalt, who are appointed guardians
of Daniel Hanawalt, the sum of Two Thousand Four Hundred Fifty Three
and 10/100 Dollars ($2,453.10) for the immediate benefit of Daniel
Hanawalt;
(2) To be paid to Metzger, Wickersham, P.C. for counsel fees for the minor
Plaintiff- Six Thousand Eight Hundred Seventy Five Dollars ($6,875);
(3) To paid to Metzger, Wickersham, P.C. for expenses - $171.90; and
(4) The balance as agreed by the parties and guardians, to be placed in a
structured settlement pursuant to the Uniform Qualified Assignment and
Release attached to the Petition with Payee as Daniel Hanawalt the Payor
Allstate Insurance Company and the annuity issuer as Ringler Associates.
METZGER, WWf ERS?jI 1, USS & ERB, P.C.
By:
rancis aff , IV, Esquire
AttornI.D. No. 84009
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorney for Plaintiffs
Dated:
-4-
Document #: 185095.1
ENTOF
in pursuit of good health
PLEASE FAX TO: (717) 772-3151
Pennsyivania Department of Health
Southeentrai District,l?ce
'2971C N. 7th Street
HarrisbtwW Pa. 17110
Phone: (717) 787-8092
ANIMAL BITE REPORT
(.?f? ? I AgeJL` Parent (if minor clpld) 4 2 R) (1 nG w I
11t? ca1QA-1o1 z-?c?T?? n ,mod
---.-.??,-,.--.--- "r------- --------------------
Address and Phone Number ofowner for the neat 10 days ifdifferent than above
We Deg Cato
Pet V Shy O Oher1 ' Ifother,whattypeofnormal
Milo
lNeeO [ ytoW FC.L1Cx ! Vf I ICStti) Age-..T-^. Sa;
r - V W66. +ni.Aai. ,vaccinated prior to that date? (.? Yes O No D
i!reterinariarr's Aiame _ .- ? Phone-_T
Place bits oe?ttr>ed: (.7 Owner's hone 0 : Victim's how 0: • Other,13 If other what loeatior{. -
Date of Incident (/ndlcate the dale bite occurmd) Date of Treatment
This is a: (?J Bite O Scratch O Other O
Describe Wound Skin Broken : Yes P
Type of Treatment: (eq Wound Cleansed Ot
4
y
Name of Physician
Facility Where Treated
Part of Body Affected
No O If Yes, Superficial O Deep O
Antibiotic O
PCBV(Rabies Vaccine) O
t
other 0
I-1DCV (Rabies Vaccine) Cl
Tetanus O MG O
Other O
Person Completing Form: Name
Address
Date Report Received by DOW
Log No.
Rev. 1211998
Address road Phone Number of victim As die next 10 days ifditterent than
DEPAUMEWOF
HEALTH
...in pursuit of good health
Phone: (717) 243-5151 or 697-6549
Fax: (717) 243-3171
Mal- 2, 2,00 f
Dear Eh-.ahk4i FiL'W awckl-I
A report received by the State Health Center indicates that a 104
belonging EMA(- Freed bit or scratched n if I'j on
U-.aS=el
It is important that the owner confine the animal for ten (10) days to be sure it did not
have rabies virus at the time of the bite. If the animal shows any signs of illness, change
in its usual behavior, or dies, you or the owner should contact the owner's veterinarian
and the State Health Center immediately at (717) 243-5151 or 697-6549. Further, please
call the State Health Center at the end of the ten (10) day quarantine period to report the
final status of the animal.
You should verify the identity of the animal that bit you or your family member and also
verify that it appears to be in good health. You should also verify its status at five (5)
days and again at ten (10) days after the bite or scratch.
By State Law, THE OWNER is required to cooperate with you in this matter. If the
owner fails to cooperate with you in any way, or if you have any questions, please call the
State Health Center at the telephone number listed above.
Sincerely,
,fib k"'t otil',, ??
Robert Walter, Supervisor
Cumberland County State Health Center 431 E. North Street Carlisle, PA 17013
Settlement Agreement and Release
This Settlement Agreement and Release (the "Settlement
Agreement") is made and entered into this day of
, 2002, by and between:
"Claimants" - John Hanawalt and Elizabeth Hanawalt as
parents and natural guardians of
Daniel Hanawalt, a Minor
"Insured" - Edgar A. Freed,Jr.
"Insurer" - Allstate Insurance Company
Recitals
A. On or about April 25, 2001, Daniel Hanawalt was injured
in an accident occurring at or near 105 E. Columbia Avenue,
Enola, Pennsylvania. Claimants allege that the accident and
resulting physical and personal injuries arose out of certain
alleged negligent acts or omissions of the Insured, and has made
a claim seeking monetary damages on account of those injuries.
B. Insurer is the liability insurer of the Insured, and as
such, would be obligated to pay any claim made or judgment
obtained against the Insured which is covered by its policy with
the Insured.
C. The parties desire to enter into this Settlement
Agreement in order to provide for certain payments in full
settlement and discharge of all claims which have, or might be
made, by reason of the incident described in Recital A above,
upon the terms and conditions set forth below.
Agreement
The parties agree as follows:
1.0 Release and Discharge
1.1 In consideration of the payments set forth in Section 2,
Claimants hereby completely release and forever discharge the
Insured and Insurer from any and all past, present, or future
claims, demands, obligations, actions, causes of action, wrongful
death claims, rights, damages, costs, losses of services,
expenses and compensation of any nature whatsoever, whether based
on a tort, contract or other theory of recovery, which the
Claimants now have, or which may hereafter accrue or otherwise be
acquired, on account of, or may in any way grow out of the
incident described in Recital A above, including, without
limitation, any and all known or unknown claims for bodily and
personal injuries to Claimants, or any future wrongful death
claim of Claimants' representatives or heirs, which have resulted
or may result from the alleged acts or omissions of the Insured.
1.2 This release and discharge shall also apply to
Insured's and Insurer's past, present and future officers,
directors, stockholders, attorneys, agents, servants,
representatives, employees, subsidiaries, affiliates, partners,
predecessors and successors in interest, and assigns and all
other persons, firms or corporations with whom any of the former
have been, are now, or may hereafter be affiliated.
1.3 This release, on the part of the Claimants, shall be a
fully binding and complete settlement among the Claimants, the
Insured and the Insurer, and their heirs, assigns and successors.
1.4 The Claimants acknowledge and agree that the release
and discharge set forth above is a general release. Claimants
expressly waive and assume the risk of any and all claims for
damages which exist as of this date, but of which the Claimants
do not know or suspect to exist, whether through ignorance,
oversight, error, negligence, or otherwise, and which, if known,
2
would materially affect Claimants' decision to enter into this
Settlement Agreement. The Claimants further agree that they have
accepted payment of the sums specified herein as a complete
compromise of matters involving disputed issues of law and fact.
Claimants assume the risk that the facts or law may be other than
Claimants believe. It is understood and agreed to by the parties
that this settlement is a compromise of a doubtful and disputed
claim, and the payments are not to be construed as an admission
of liability on the part of the Insured, by whom liability is
expressly denied.
2.0 Payments
In consideration of the release set forth above, the Insurer on
behalf of the Insured agrees to pay to the individual(s) named
below ("Payee(s)") the sums outlined in this Section 2 below:
2.1 Payments due at the time of settlement to the Claimants
and their attorneys
The sum of Nine Thousand Five Hundred
Dollars ($9,500.00) on or before fourteen
Days from receipt of this fully and
properly executed document and approval by
the competent Court of local jurisdiction.
The Claimants agree to pay from said sum
attorney fees, costs and expenses incurred
by or on their behalf in connection
with the settlement set forth herein,
including payments to subrogees, if
applicable.
2.2 Periodic Payments. Insurer agrees to make payment to
Daniel Hanawalt "Payee', in the following manner:
3
(i) Lump sum guaranteed payments:
On June 30, 2008, guaranteed payment of
Seven Thousand Five Hundred Dollars
($7,500.00);
On June 30, 2011, guaranteed payment of
Ten Thousand Dollars ($10,000.00);
On June 30, 2015, guaranteed payment of
Fourteen Thousand Dollars ($14,000.00).
All sums set forth herein constitute damages on account of
personal injuries and sickness, within the meaning of Section
104(a)(2) of the Internal Revenue Code of 1986, as amended.
3.0 Payee's Rights to Payments
Claimants acknowledge that the Periodic Payments cannot be
accelerated, deferred, increased or decreased by the claimants or
any Payee; nor shall the Claimants or any Payee have the right or
power to sell, mortgage, encumber, or anticipate the Periodic
Payments, or any part thereof, by assignment or otherwise.
4.0 Payee's Beneficiary
Any payments to be made after the death of Payee, pursuant
to the terms of this Settlement Agreement, shall be made to his
named beneficiary . If no person or entity is so designated by
Payee, or if the person designated is not living at time of the
Payee's death, such payments shall be made to the estate of
Payee. Payee may request in writing that Assignee change the
payee and/or beneficiary designation under this Agreement.
Assignee will do so but will not be liable, however, for any
payment made prior to receipt of the request or so soon
thereafter that payment could not reasonably be stopped.
4
5.0 Consent to Qualified Assignment
5.1 Claimants acknowledge and agree that the Insurer will
make a "qualified assignment", within the meaning of Section
130(c) of the Internal Revenue Code of 1986, as amended, of the
Insurer's liability to make the Periodic Payments set forth in
Section 2.2 to Allstate Assignment Company ("the Assignee"). The
Assignee's obligation for payment of the Periodic Payments shall
be no greater than that of Insurer (whether by judgment or
agreement) immediately preceding the assignment of the Periodic
Payments obligation.
5.2 Such assignment shall be accepted by the Claimants
without right of rejection and shall completely release and
discharge the Insured and the Insurer from the Periodic Payments
obligation assigned to the Assignee. The Claimants recognize
that the Assignee shall be the sole obligor with respect to the
Periodic Payments obligation, and that all other releases with
respect to the Periodic Payments obligation that pertain to the
liability of the Insurer shall thereupon become final,
irrevocable and absolute.
6.0 Right to Purchase an Annuity
The Insurer, itself or through its Assignee, will fund the
liability to make the Periodic Payments through the purchase of
an annuity policy from Allstate Life Insurance Company. The
Insurer or the Assignee shall be the sole owner of the annuity
policy and shall have all rights of ownership. The Insurer or
the Assignee may have Allstate Life Insurance Company mail
payments directly to the Payee(s). The Claimants shall be
responsible for maintaining a current mailing address for
Payee(s) with Allstate Life Insurance Company.
5
7.0 Discharge of Obligation
The obligation of the Insurer and/or Assignee to make each
Periodic Payment shall be discharged upon the mailing of a valid
check in the amount of such payment to the designated address of
the Payee(s) named in Section 2 of this Settlement Agreement.
8.0 Attorney's Fees
Each party hereto shall bear all attorney's fees and costs
arising from the actions of its own counsel in connection with
this Settlement Agreement, the matters and documents referred to
herein, and all related matters.
9.0 Representation of Comprehension of Document
In entering into this Settlement Agreement the Claimants
represent that Claimants have relied upon the advice of their
attorney, who is the attorney of their own choice, concerning the
legal and income tax consequences of this Settlement Agreement;
that the terms of this Settlement Agreement have been completely
read and explained to Claimants by their attorney; and that the
terms of this Settlement Agreement are fully understood and
voluntarily accepted by the Claimants.
10.0 Warranty of Capacity to Execute Agreement
Claimants represent and warrant that no other person or
entity has, or has had, any interest in the claims, demands,
obligations, or causes of action referred to in this Settlement
Agreement, except as otherwise set forth herein; that Claimants
have the sole right and exclusive authority to execute this
Settlement Agreement and receive the sums specified in it; and
that Claimants have not sold, assigned, transferred, conveyed or
otherwise disposed of any of the claims, demands, obligations or
causes of action referred to in this Settlement Agreement.
6
11.0 Confidentiality
The parties agree that neither they nor their attorneys nor
representatives shall reveal to anyone, other than as may be
mutually agreed to in writing, any of the terms of this
Settlement Agreement or any of the amounts, numbers or terms and
conditions of any sums payable to Payee(s) hereunder.
12.0 Governing Law
This Settlement Agreement shall be construed and interpreted
in accordance with the laws of the Commonwealth of Pennsylvania.
13.0 Additional Documents
All parties agree to cooperate fully and execute any and all
supplementary documents and to take all additional actions which
may be necessary or appropriate to give full force and effect to
the basic terms and intent of this Settlement Agreement.
14.0 Entire Agreement and Successors in Interest
This Settlement Agreement contains the entire agreement
between the Claimants, the Insured and the Insurer with regard to
the matters set forth in it and shall be binding upon and inure
to the benefit of the executors, administrators, personal
representatives, heirs, successors and assigns of each.
7
15.0 Effectiveness
This Settlement Agreement shall become effective immediately
following execution by each of the parties and upon approval by
the competent Court of local jurisdiction.
Claimant
John Hanawalt as parent and natural
guardian of Daniel Hanawalt, a Minor
By:
Date:
Claimant
Elizabeth Hanawalt as parent and
natural guardian of Daniel Hanawalt,
a Minor
By:
Date:
Claimantso ]Attorney
Francis J. Lafferty, IV
By:_
Date:
Insurer
Allstate Insurance Company
By:
Title:
Date:
8
CONTINGENT FEE AGREEMENT
1, ??za?e ?rznrn. n?_ individually and as parent and natural guardian of
Ttknie\ t1QnQlOd\? retain and authorize the law firm of Metzger,
Wickersham, Knauss & Erb, P.C., to do whatever they deem necessary or desirable in order to
represent my son in all claims for compensation and reimbursement for personal injuries, wage
loss, and economic and other damages resulting from an accident that occurred on
Attorney's Fees:
The fee of the attorneys shall be contingent as follows:
(a) Twenty-five percent (25%) of gross recovery;
(b) SHOULD THERE BE NO RECOVERY BY SUIT OR SETTLEMENT,
SAID ATTORNEYS DO NOT HAVE ANY CLAIM AGAINST ME OF ANY KIND FOR
LEGAL SERVICES RENDERED.
2. Expenses of Litigation:
Actual expenses incurred on the business of the client shall be borne by the client
and my attorney shall be reimbursed out of the balance, after deduction of attorneys fees, of any
recovery for all legal expenses incurred in the prosecution of this claim which have not already been
paid by me.
I do hereby agree to pay all expenses incurred by my attorney in the preparation and
presentation of this case and do understand that these expenses include, but may not be limited to,
costs of medical reports and records, stenographic expenses connected with depositions, expert
witness fees, photocopying charges, and mileage charges connected with the rendering of legal
services. I understand that I am responsible for payment of these expenses regardless of the
eventual outcome of the case and further understand that if my attorney deems it necessary, I may
be asked to advance these costs prior to the incurring of any such expenses or the scheduling of any
deposition.
Document #: 206505.1
3. I hereby further agree that my attorney may charge me reasonable additional
compensation if it is necessary to try the case more than once, if the case is appealed, or if
proceedings in other courts are necessary because of the change of circumstance of a party or for
otherreasons.
4. I hereby further agree that my attorney is hereby authorized to bring suit or to settle
and compromise the claim, to execute all documents pertaining thereto, and to do all lawful acts
requisite for effecting the claim on my behalf.
5. I further authorize my attorney to pay out of any proceeds of settlement or trial any
unpaid medical bills for treatments or services made necessary by the injuries sustained in this
accident and any workers' compensation liens.
6. I agree that my attorney accepts this employment on the condition that he will
investigate this claim, and if it appears to be a recoverable claim, he will proceed to handle the
claim; but if, after investigation, the claim does not appear to be recoverable, said attorney shall then
have the right to rescind this Agreement.
7. I hereby further agree that if I decide to terminate this authority before any
settlement is offered or any award is obtained the firm shall be entitled to reasonable compensation
for all work done on the case up to that point. I agree that reasonable compensation for Francis J.
Lafferty, IV, Esquire, or any other attorney involved in the handling of this case, shall be One
Hundred Thirty-Five Dollars ($135.00) per hour, or such higher rate as shall constitute his standard
billing rate at the time that the work is performed.
8. I agree that my attorney may withdraw from this case at any time after reasonable
notice to me, and I agree to keep him advised of my whereabouts at all times and to cooperate at all
times in the preparation and trial of this case, to appear upon reasonable notice for depositions and
Court appearances, and to comply with all reasonable requests made of me in connection with the
preparation and presentation of this case.
9. I understand and agree that in the event that my account is turned over for collection
because of unpaid fees and/or costs/expenses, I will be responsible for payment of the costs of suit
Do men( #: 201757.1
-2-
as well as reasonable attorney fees incurred in the collection of the monies owed to Metzger,
Wickersham, Knauss & Erb, P.C.
IN WITNESS WHEREOF, I have signed below on this _eday of May, 2001
71(1n R Y
CLIE T:
METZGER, ?RSIJ?kM, KNAUSS & ERB, P.C.
ATTORNFJY: Fra6cis-J. Lafferty, IV, Esquire
Do men( #: 201757.1
-3-
CERTIFICATE OF SERVICE
I, Francis J. Lafferty, N, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb,
P.C., hereby certify that I served a true and correct copy of the forgoing document(s) with reference
to the foregoing action by first class mail, prepaid postage, this ??day of June, 2002 on the
following:
Edgar Freed, Defendant
c/o Patricia Hoffman
Allstate Insurance Company
Market Claim Office
6345 Flank Drive, Suite 1000
Harrisburg, PA 17112-2765
4anc erty, IV, Esquire
Do men! k: 185095.1
VERIFICATION
The undersigned hereby certifies that he is the attorney for Plaintiff Daniel Hanawalt, a
minor, by John and Elizabeth Hanawalt, parents and natural guardians and that the facts in the
foregoing Petition for Approval of Minor Plaintiffs Compromised Settlement are true and correct
to the best of his knowledge, information and belief, and that said matters relating to the Petition for
Approval of Minor Plaintiff's Compromised Settlement are as known to the undersigned as to the
clients, Plaintiff Daniel Hanawalt, a minor by John and Elizabeth Hanawalt, their parents and
natural guardians, said knowledge being based upon information contained in the attorney's file in
this matter, and further states that false statements herein are made subject to the penalties of 18 Pa.
C.S.A. §4904 relating to unswom falsification to authorities.
G?
F cis . Lafferty, V, Esquire
Dated: 411110?
Document k: 185095.1
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GISELA EVANS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
V.
NO. 2002-2866 CIVIL TERM
WILLIAM I. EVANS,
Defendant : IN DIVORCE
ANSWER
L-3.
Admitted.
4.
The averments of ¶4 of the Complaint are admitted in part and denied in part. It is
admitted that the parties are married. It is denied that the parties were married in
Henderson, North Carolina, on February 24, 1972. On the contrary, it is averred that the
parties were married in Warrenton, North Carolina, on February 28, 1972.
5.
Admitted.
6.
The averments of ¶6 are denied. On the contrary, Defendant avers that the
marriage is not irretrievably broken, he does not consent to a divorce and that the parties
have not lived separate and apart for a period of at least two years.
7.
Admitted.
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
WHEREFORE, Defendant respectfully requests that the Complaint be dismissed.
Way46 F. Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Defendant
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
I verify that the statements made in the foregoing Answer 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: June 21, 2002 n
William I. Evans
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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GISELA EVANS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION -LAW
: NO. 2002 - 2866 CIVIL TERM
WILLIAM I. EVANS,
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
AND now, this day of ?r 2002,
I, CAROL J. LINDSAY, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER &
LINDSAY, Attorneys, hereby certify that I served the Defendant, William I. Evans, on
February 6, 2001, with the Complaint in Divorce by Certified Mail, Restricted Deliver,
Addressee Only, Return Receipt Requested, addressed to:
William I. Evans
124 West Hunter Road
Carlisle, PA 17013
and proof thereof, the signed Return Receipt Card, is attached hereto.
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORMIS-A -LAW
26 W. High Street
Carlisle, PA
10!#,4'4693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
ire
GISELA EVANS,
Plaintiff
VS.
WILLIAM I. EVANS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
: NO. 2002 - 2866 CIVIL TERM
: IN DIVORCE
PROOF OF SERVICE
• catr0kt, Meftrs 1, 2, end 3. Aso twrrlpisce
Mum 4 If Restricted DWIMy Is desired.
e1 Mnt your nuns end address on the reverse
so that we can return the card to you.
¦ Mach this card to the back of the meilpisce,
or on the front N space permit..
1. Article Addressed to:
W IL I fl-fYt ?• I`i1vi4711 S
A. gVerture
B. Received by (PdnW Wems) C. Dete of D*my
D. Is d*my address dRennt from bm 1? ? Yee
If YES, enter delivery address below: ? No
3. type
CertHNd Mall ? Exp en Mall
Registered ? Rehxn Receipt for Merchrrdlse
1/6 ? Insured mail ? C.O.D.
4. Restricted DNNery1 M)(&v Feel
2. Amide Number ?J / /
(Ifer ier from serv/oe bw / b 99 o4o cq and g Lsz? ?9.s?
PS Form W I ,-August 2001 Domestic Palum r440elp1 ,aae.e oa e. Dare
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTDeIr?;YS•A7'•IAW
26 W. High Street
Carlisle. PA
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GISELA EVANS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
V.
NO. 2002-2866 CIVIL TERM
WILLIAM I. EVANS,
Defendant : IN DIVORCE
HUSBAND'S MOTION FOR SUMMARY JUDGMENT
AND NOW, comes Defendant WILLIAM I. EVANS by his attorney, Wayne F.
Shade, Esquire, and moves your Honorable Court to enter summary judgment in favor of
Defendant and against Plaintiff for the following reasons:
1.
Defendant WILLIAM I. EVANS is the moving party herein who resides at 124
West Hunter Road, Carlisle, Cumberland County, Pennsylvania 17013.
2.
Plaintiff GISELA EVANS is the responding party herein who resides at 1040
Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013.
3.
The parties hereto were married on February 28, 1972.
4.
Husband was born on October 18, 1934, and is 67 years of age.
5.
Wife was born on April 19, 1942, and is 60 years of age.
WAYNE F. SHADE
Attomey at Law
53 West Pomfret Stree
Carlisle, Pennsylvania
17013
6.
The parties resided together as husband and wife continuously from the date of the
marriage until Wife left the marital residence on or about May 30, 2002.
7.
When Wife left the marital residence, it was without warning, without any
indication that she saw any problems in the marriage, without making any effort to even
indicate why she had left and without making any attempt to discuss whatever her sources
of dissatisfaction in the marriage were.
8.
Wife has no just cause for her withdrawal from the marital dwelling.
9.
Wife filed her Complaint herein on June 13, 2002.
10.
Wife's Complaint does not allege any fault grounds for divorce.
11.
Wife's Complaint does not allege just cause for her withdrawal from the marital
dwelling.
12.
Wife's Complaint does not allege that she is an innocent and injured spouse.
13.
WArnE F. SHAD
Attomey at Law
53 West Pomfret Stre
Carlisle, Penns IS:
17013
At the time of filing for divorce, Wife also filed a Petition for alimony pendente
lite.
-2-
14.
Upon being served with Wife's Complaint and Petition for alimony pendente lite,
Husband promptly engaged counsel and filed his Answer to the Complaint on June 24,
2002, in which he denied that he consented to a divorce and in which he denied that the
parties had been separated for two years.
15.
Concurrently with the filing of our Answer, we informed Wife's counsel in writing
that we objected to their attempting to obtain alimony pendente lite where they had not
alleged a viable cause of action in divorce.
16.
Husband avers that, where Wife has no just cause for her withdrawal from the
marital dwelling and where he does not consent to her withdrawal, Wife would not be
entitled to spousal support.
17.
The purpose for alimony pendente lite is to enable a dependent spouse to
prosecute or defend a divorce action.
18.
Husband avers that it would be unfair and unlawful to permit Wife to claim a
WAYNE F. SHAD.
Attorney at Law
53 West Pomfret Stre
Carlisle, Pemsylvani
17013
substantial portion of her 67 year old husband's income where she would not be entitled
to spousal support and where she refuses to make any effort to allege facts which would
entitle her to a divorce prior to two years from May 30, 2002.
-3-
19.
Husband avers that we have confirmed in writing to Wife that we would not object
?o their filing an Amended Complaint in Divorce, without leave of Court, in which they
could allege whatever fault grounds they contend may exist in this case.
20.
Wife has declined to file an Amended Complaint.
21.
Where Wife has declined to file an Amended Complaint averring grounds for a
fault divorce, Husband avers that discovery would be incapable of supplying the mutual
consent that Wife alleges in her Complaint and which Husband denies in his Affidavit in
Support of this Motion for Summary Judgment, which Affidavit is attached hereto and
incorporated herein by reference as though fully set forth.
22.
Husband's sworn denial that he consents to a divorce is not a material fact that
depends upon his credibility and demeanor but rather is a material fact that is undeniable
by Wife.
WHEREFORE, Husband respectfully requests that this Motion for Summary
WAYNE F. SHAD]
Attorney at Law
53 West Pomfret Stret
Carlisle, Pennsylvanii
17013
Judgment be granted and that judgment be entered in favor of Husband and against Wife.
4?1 *0 M k,
Wayne . Shade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Defendant
-4-
I verify that the statements made in the foregoing Motion for Summary Judgment
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: July 8, 2002
William I. Evans
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
GISELA EVANS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
V.
NO. 2002-2866 CIVIL TERM
WILLIAM I. EVANS,
Defendant : IN DIVORCE
HUSBAND'S AFFIDAVIT IN SUPPORT
OF MOTION FOR SUMMARY JUDGMENT
Defendant WILLIAM 1. EVANS hereby advances the following material facts
upon his personal knowledge:
1.
The allegations in Husband's Motion for Summary Judgment in the above-
captioned matter are incorporated herein by reference as though fully set forth.
2.
Husband does not consent to a divorce.
3.
Husband does not consent to Wife's withdrawal from the marital dwelling.
I verify that the statements made in this Affidavit are true and convect. I
WAYNE F. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
§4904 relating to unsworn falsification to authorities.
Date: July 8, 2002
William I. Evans
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GISELA EVANS, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
NO. 2002-2866 CIVIL TERM
WILLIAM E. EVANS, IN DIVORCE
Defendant/Respondent DR#31807
Pacses# 168104590
ORDER OF COURT
AND NOW, this 9' day of July, 2002, upon consideration of the attached Petition for Alimony
Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear
before R J Shaddav on lulu 23.2002 at 9.00A A.M. for a conference, at 13 N. Hanover St., Carlisle, PA
17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be
entered.
YOU are further ordered to bring to the conference:
(1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
1910.11®
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
BY THE COURT,
George E. Hoffer, President Judge
Mail copies on Petitioner
7-10-02to: < Respondent
Carol Lindsay, Esquire
Date of Order: July 10, 2002
R LS y, Conference
Officer
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE ANf3
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
GISELA EVANS,
Plaintiff
VS.
WILLIAM I. EVANS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2002 - 2866 CIVIL TERM
IN DIVORCE
PLAINTIFF'S ANSWER TO DEFENDANT'S
MOTION FOR SUMMARY JUDGMENT
NOW comes Gisela Evans, Plaintiff above, by and through her counsel, Saidis,
Shuff, Flower & Lindsay, and answers Husband's Motion for Summary Judgement as
follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS•ATH.AW
26 W. High Street
Carlisle, PA
6. Admitted.
7. Denied. By way of further answer, when Wife left the marital residence, it
was in response to Husband's attempts to coerce her into liquidating marital assets for
his benefit alone and ten years of belittlement and neglect. Whenever Wife tried to
discuss their differences, he told her, "if you don't like it, get the h--- out."
8. Denied. Wife has just cause for withdrawing from the marital home,
although she elected to proceed on no fault grounds for divorce.
9. Admitted.
10. Admitted.
11. Admitted. By way of further answer, no allegation of just cause is
required in a Complaint under Section 3301 of the Divorce Code.
12. Admitted. By way of further answer, no allegation of an innocent and
injured spouse is required unless one is proceeding under certain fault grounds of the
Divorce Code.
13. Admitted.
14. Admitted.
15. Admitted. By way of further answer, a no fault cause of action for divorce
is a viable cause of action.
16. Admitted that Husband avers that Wife has no just cause for her
withdrawal from the marital home. Denied that just cause for separation is required
pursuant to the no fault law. By way of further answer, Wife avers that she does have
just cause for withdrawal from the marital home. By way of further answer, Husband's
consent to her leaving the marital home is not relevant. Denied that Wife would not be
entitled to spousal support. By way of further answer, Husband frequently advised Wife
to leave the marital home.
17. Admitted in part and denied in part. Admitted that one purpose of alimony
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNM-AT•LAW
26 W. High Street
Carlisle, PA
pendente lite is to enable a dependent spouse to prosecute or defend a support action.
By way of further answer, alimony pendente lite is defined by the Divorce Code and
provides support to a dependent spouse pending the entry of a Decree in Divorce.
18. Denied that Wife would not be entitled to spousal support. Denied that
Wife has any obligation to proceed under fault grounds in light of the Commonwealth's
recognition of no fault divorces pursuant to Section 3301of the Divorce Code. By way
of further answer, Wife receives as her only source of income, a retirement benefit in
the amount of $250 per month and Social Security in the amount of $460 per month.
Wife is ready, willing and able to proceed with discovery leading either to a settlement
of the economic issues onto the appointment of a Master. By way of further answer, in
the event that Wife were not willing to proceed to divorce and were receiving alimony
pendente lite, the law provides remedies.
19. Admitted.
20. Denied. Alimony Pendente Lite is defined in 23 Pa.C.S.A.§3103.
21. Admitted in part and denied in part. Denied that Wife alleges mutual
consent in her Complaint. Rather, she avers that the marriage is irretrievably broken.
22. Admitted that husband does not consent to the divorce.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss the
Motion for Summary Judgment and to permit the divorce action to proceed.
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Pl#Wiff F
!4
By:
61-4 6926 High Street
Carlisle, PA 17013
(717) 243-6222
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
GISELA EVANS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION - LAW
: NO. 2002 - 2866 CIVIL TERM
WILLIAM I. EVANS,
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
AND now, this Z 3 day of
2002, I, Carol J. Lindsay, Esquire, of the law firm 4)AIDIS, IUFF, FLOWER &
LINDSAY, Attorneys, hereby certify that I served the within Plaintiff's Answer to
Defendant's Motion for Summary Judgment this day by depositing same in the
United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed
to:
Wayne F. Shade, Esquire
53 West Pomfret Street
Carlisle, PA 17013
SAIDIS
SHUFF, FLOWER
& LINDSAY
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
Car J. indsay, Es uire
ID# 3
26 West High Street
Carlisle, PA 17013
(717) 243-6222
26 W. High Street
Carlisle. PA
GISELA EVANS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
: NO. 2002 - 2866 CIVIL TERM
WILLIAM I. EVANS,
Defendant IN DIVORCE
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and
correct. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities.
Gisela Evans
Date:
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATrOPMYS•AT•IAW
26 W. High Street
Carlisle, PA
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GISELA EVANS,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION -LAW
NO. 2002 - 2866 CIVIL TERM
WILLIAM I. EVANS, :
Defendant IN DIVORCE
AMENDED
CERTIFICATE OF SERVICE
2002,
AND now, this Y day of
I, CAROL J. LINDSAY, Esquire, of the law firm IDIS, SHUFF, FLOWER &
LINDSAY, Attorneys, hereby certify that I served the Defendant, William I. Evans, on
June 19, 2002, with the Complaint in Divorce by Certified Mail, Restricted Deliver,
Addressee Only, Return Receipt Requested, addressed to:
William I. Evans
124 West Hunter Road
Carlisle, PA 17013
and proof thereof, the signed Return Receipt Card, is attached hereto.
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for I?aintiff
SAIDIS
SHUFF, FLOWER
& LINDSAY
A7TON an-AMAW
26 W. High Street
Carlisle, PA
By --
Carq J. ndsay, Esqu re
ID # 4 3
26 West High Street
Carlisle, PA 17013
(717) 243-6222
GISELA EVANS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 2002 - 2866 CIVIL TERM
WILLIAM I. EVANS,
Defendant IN DIVORCE
PROOF OF SERVICE
¦ 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 back of the maiipiece,
or on the front if space permits.
1. Article Addressed to:
A. Signature
?,/ ?, ? Agent
Xi Addressee
B. Received by (Printed Name) C. Date of Delivery
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D. Is delivery address different from item 1? ? Yes
if YES, enter delivery address below: ? No
3..iiiService Type
® Certified mail ? Express Mail
Registered ? Return Receipt for Merchandise
? Insured Mail ? C.0.0.
4. Restricted Delivery? (Extra Fee) es
2. Article Number
(transfer from service label) ,/ L? ?? /`'? ?w ?i?'. ?"
102595-02-M-0835
Ps Form 3811, August 2001 Domestic Return Receipt
SAIDIS
SHUF'F, FLOWER
& LINDSAY
ATt RWY8•ATNAW
26 W. Nigh Street
Cariiele. PA
7r
DC
GISELA EVANS, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
NO. 2002-2866 CIVIL TERM
WILLIAM 1. EVANS, IN DIVORCE
Defendant/Respondent : DR# 31807
Pacses# 168104590
ORDER OF COURT
AND NOW, this 23rd day of July, 2002, based upon the Court's determination that Petitioner's
monthly net income/earning capacity is $706.00 and Respondent's monthly net income/earning
capacity is $3,081.22, it is hereby Ordered that the Respondent pay to the Pennsylvania State
Collection and Disbursement Unit, $1,000.00 per month payable monthly as follows; $950.00 for
alimony pendente lite and $50.00 on arrears. First payment due within ten days upon receipt of this
order. Arrears set at $1,900.00 as of July 23, 2002. The effective date of the order is June 14, 2002.
Husband is to make a payment in the amount of $1,000.00 within ten days upon receipt of this order.
Payment is to be made in the plaintifFs name and directed to his attorney to direct said payment to
wife's attorney and confirmation of payment is to be submitted to DRO for a credit adjustment.
Thereafter, payment in the amount of $1,000.00 per month is to be made to the Pennsylvania state
collections and disbursement unit on or before the fifth day of each month.
Failure to make each payment on time and in full will cause all arrears to become subject to immediate
collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after
hearing, that the Respondent has willfully failed to comply with this Order, it may declare the
Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not
limited to, commitment of the Respondent to prison for a period not to exceed six months.
Said money to be turned over by the PA SCDU to: Gisela Evans. Payments must be made by check
or money order. All checks and money orders must be made payable to PA SCDU and mailed to:
PA SCDU
P. 0. Box 69110
Harrisburg, PA 17106-9110
Payments must include the defendant's PACSES Member Number or Social Security Number in order
to be processed. Do not send cash by mail.
Unreimbursed medical expenses that exceed $250.00 annually are to be paid 81% by the respondent
and 19% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed
medical expenses. Neither party to provide medical insurance coverage.
This Order shall become final ten days after the mailing of the notice of the entry of the Order to the
parties unless either party files a written demand with the Prothonotary for a hearing de novo before
the Court.
DRO: R. J. Shadday BY THE COURT,
Mailed copies on Petitioner
7-24-02 to: < Respondent
Carol Lindsay, Esquire
Wayne Shade, Esquire
Edward E. Guido 7.
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
GISELA EVANS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
V.
NO. 2002-2866 CIVIL TERM
WILLIAM I. EVANS,
Defendant IN DIVORCE
1. The matter to be argued is Defendant's Motion for Summary Judgment.
2. The following counsel will argue the case for the indicated parties:
(a) Carol J. Lindsay, Esquire, Saidis, Shuff, Flower & Lindsay, 26 West High
Street, Carlisle, Pennsylvania 17013, for Plaintiff.
(b) Wayne F. Shade, Esquire, 53 West Pomfret Street, Carlisle, Pennsylvania
17013, for Defendant.
3. All parties will be notified in writing within two days that this case has been
listed for argument.
4. Argument Court Date: August 28, 2002.
Date: July 25, 2002
&<c /tyc-?k
Wayn . Shade, Esquire
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
GISELA EVANS, )
Plaintiff )
V. )
WILLIAM I. EVANS, )
Defendant )
Docket No. 2002-2866
PACSES Case No. 168104590
Other State ID No. 31807
DEMAND FOR HEARING
Date of Order: July 23, 2002
Amount: $950 per month plus $50 on arrearages
Reasons:
JUL 4 J LNy4
1. An Order for alimony pendente lite is premature where Husband's Motion for
Summary Judgment in the divorce proceedings is listed for argument on August 28, 2002.
2. It was erroneous to disallow depreciation deductions in calculating the net
rental income.
Party Filing Demand for Hearing: Wayne F. Shade, Esquire, on behalf of Defendant
Date: July 25, 2002
Wayn . Shade, Esquire
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania PtI, 02V4,? -°?P44P Cw/L- 0 Original Order/Notice
iwrs6S /G ¢/d4 "o
CO./City/Dist. Of CUMBERLAND ?? ? / p07 O Amended Order/Notice
Date of Order/Notice 08/14/02 O Terminate Order/Notice
Court/Case Number (See Addendum for case summary)
Employer/Withholder's Federal EIN Number
LAWNS UNLIMITED
Employer/Withholder's Name
993 W TRINDLE RD
Employer/Withholder's Address
MECHANICSBURG PA 17055-4511
RE: EVANS, WILLIAM I.
Employee/Obligor's Name (Last, First, MI)
231-36-4640
Employee/Obligor's Social Security Number
7362100993
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 95o. 00 per month in current support
$ 50.00 per month in past-due support Arrears 12 weeks or greater? (R) Yes Q no
$ 0.00 per month in medical support
$ 0.00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 1, 000.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 230.77 per weekly pay period.
$ 461.54 per biweekly pay period (every two weeks).
$ 5o0. oo per semimonthly pay period (twice a month).
$ 1, goo. oo per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding; the following information is
needed (See #9 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT:
Date of Order: AUQ 1 $ 2V
Form EN-028
Service Type M OMB No.: 0970-0154 Worker ID $IATT
r6 -4?V Expiration Date: 12/31100
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
? If checked you are required to provide a copy of this form to your employee.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment
to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to
each employee/obligor.
3.* Reporting the Paydate/Date of Withholding. You must report the paydate/date of withholding when sending the payment. The
paydate/date of wit' i hold ii ig is the date on wh ich amou i it was with he'd fi-o. n the e iiployee's wages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support
against this employee%bligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must
follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest
extent possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for
you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 2575100003
EMPLOYEE'S/OBLIGOR'S NAME: EyANS, WILLIAM I.
EMPLOYEE'S CASE IDENTIFIER: 7362100993 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs
unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding.
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is
employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
10
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Requesting Agency:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by Internet @
Service Type M
Page 2 of 2
OMB No.: 0970-0154
Expiration Date: 12/31/00
Form EN-028
Worker ID $IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: EVANs, WILLIAM I.
PACSES Case Number 16810459W7 PACSES Case Number
Plaintiff Name Plaintiff Name
GISELA EVANS
Docket Attachment Amount Docket Attachment Amount
02-2866 CIVIL$ 1,000.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
X X::
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACKS Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
L N On
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania )Xt<
Co./City/Dist. of CUMBERLAND ` le? lG
Date of Order/Notice 08/19/02 6K JIV40 7
Court/Case Number (See Addendum for case summary)
Employer/Withholder's Federal EIN Number
LAWNS UNLIMITED
Employer/Withholder's Name
993 W TRINDLE RD
Employernvithholder's Address
MECHANICSBURG PA 17055-4511
O Original Order/Notice
O Amended Order/Notice
Q Terminate Order/Notice
RE: EVANS, WILLIAM I.
Employee/Obligor's Name (Last, First, MI)
231-36-4640
Employee/Obligor's Social Security Number
7362100993
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee'slobligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 0.00 per month in current support
$ o. oo per month in past-due support Arrears 12 weeks or greater? Oyes ® no
$ 0.00 per month in medical support
$ 0 . o o per month for genetic test costs
$ per month in other (specify)
for a -total of $ 0.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ o. oo per weekly pay period.
$ o. oo per biweekly pay period (every two weeks).
$ o. o 0 per semimonthly pay period (twice a month).
$ o. oo per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
Date of Order:;, ;
BY THE COURT:
EDce>i9,td 6 GuiDC'1??1 7'uv?
Form EN-028
Service Type M er,o.,097aa;54 Worker ID $IATT
4- Expiration Date: 12/31/00
o.P/G
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
? If checked you are required to provide a copy of this form to your employee.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee%bligor's income in a single payment
to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to
each employee/obligor.
3.* Report' pig the Paydate/Bate of Withhold' mg. You must reportthe paydate/date of withholdingwhen send ii ig the payment. The
paydate/date of withholding is the date on which aniount was withheld from the employee's wagm You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support
against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must
follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest
extent possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for
you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 2575100003
EMPLOYEE'S/OBLIGOR'S NAME: EVANS, WILLIAM I.
EMPLOYEE'S CASE IDENTIFIER: 7362100993 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs
unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is
employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.C. §1673 01; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
10
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Requesting Agency:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by Internet
Service Type M
Page 2 of 2
OMB No.: 0970-0154
Expiration Date: 12/31/00
Form EN-028
Worker ID $IATT
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
GISELA EVANS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
NO. 2002-2866 CIVIL TERM
WILLIAM L EVANS,
Defendant IN DIVORCE
1. The matter to be argued is Defendant's Motion for Summary Judgment.
2. The following counsel will argue the case for the indicated parties:
(a) Carol J. Lindsay, Esquire, Saidis, Shuff, Flower & Lindsay, 26 West High
Street, Carlisle, Pennsylvania 17013, for Plaintiff.
(b) Wayne F. Shade, Esquire, 53 West Pomfret Street, Carlisle, Pennsylvania
17013, for Defendant.
3. All parties will be notified in writing within two days that this case has been
listed for argument.
4. Argument Court Date: October 23, 2002.
Date: August 28, 2002
,4z,
Wayn . Shade, Esquire
Attorney for Defendant
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GISELA EVANS
V
WILLIAM I. EVANS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2866 CIVIL TERM
ORDER OF COURT
AND NOW, August 29, 2002, the above-captioned matter is continued by
agreement of counsel, from the August 28, 2002 Argument Court list, at the plaintiff's request.
Counsel is directed to relist the case when ready.
By the Court,
Geor e Carol J. Lindsay, Esquire
For the Plaintiff
Wayne F. Shade, Esquire
For the Defendant
Court Administrator
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GISELA EVANS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
WILLIAM I. EVANS, NO. 02-2866
Defendant IN DIVORCE
IN RE: HUSBAND'S MOTION FOR SUMMARY JUDGMENT
BEFORE HOFFER, P .J., OLER and GUIDO, JJ.
ORDER OF COURT
AND NOW, this 29`h day of October, 2002, upon consideration of Husband's
Motion for Summary Judgment, the motion is denied.'
BY THE COURT,
J esley &4J
Carol J. Lindsay, Esq.
26 West High Street
Carlisle, PA 17013
Attorney for Plaintiff
Wayne F. Shade, Esq.
53 West Pomfret Street
Carlisle, PA 17013
Attorney for Defendant
/0- 30-0,L
' This order does not address the issue of the effect, if any, upon Plaintiffs entitlement to alimony
pendente lite in the current situation where Plaintiff can not obtain a divorce decree without consent.
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
GISELA EVANS
Plaintiff Docket Number 02-2866 CIVIL
)
vs.
WILLIAM I. EVANS ) PACSES Case Number 168104590
Defendant )
Other State ID Number
ORDER OF COURT
YOU, WILLIAM I. EVANS
plaintiff/defendant of
124 W HUNTER RD, CARLISLE, PA. 17013-4342-24
are ordered to appear at DOMESTIC RELATIONS HEARING RM
DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13
before a hearing officer of the Domestic Relations Section, on the
DECEMBER 6, 2002
at 8 : 3 oAM for a hearing.
You are further required to bring to the hearing:
1. a true copy of your most recent Federal Income Tax Return, including W-2s as filed,
2. your pay stubs for the preceding six (6) months,
3. verification of child care expenses, and
4. Proof of medical coverage which you may have, or may have available to you
5. information relating to professional licenses
6. other:
Service Type M Form CM-509
Worker ID 21302
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EVANS V• EVANS PACSES Case Number:
168104590
If you fail to appear for the conference/hearing or to bring the required documents, the
court may issue a warrant for your arrest or enter an order in your absence. If paternity is an
issue, the court may enter an order establishing paternity.
The appropriate court officer may enter an order against either party based upon the
evidence presented without regard to which party initiated the support action.
BY THE COURT:
Date of Order: 7 ?Z
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU MAY GET LEGAL HELP:
CUMBERLAND CO BAR ASSOCIATION
2 LIBERTY AVE
CARLISLE PA 17013-3308-02
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of CUMBERLAND County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having business
before the court, please contact our office at: (717) 240-6225 . All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled hearing.
Service Type M Page 2 of 2 Form CM-509
Worker ID 21302
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
GISELA EVANS ) Docket Number 02-2866 CIVIL
Plaintiff )
VS. ) PACSES Case Number 168104590
WILLIAM I. EVANS )
Defendant ) Other State ID Number
ORDER OF COURT
You, GISELA EVANS plaintiff/defendant of
1040 ALEXANDER SPRING RD, CARLISLE, PA. 17013-9312-40
are ordered to appear at DOMESTIC RELATIONS HEARING RM
DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13
before a hearing officer of the Domestic Relations Section, on the
DECEMBER 6, 2002
at a : 3 oAM for a hearing.
You are further required to bring to the hearing:
1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed,
2. your pay stubs for the preceding six (6) months,
3. verification of child care expenses, and
4. proof of medical coverage which you may have, or may have available to you =
5. information relating to professional licenses o
6. other:
Form CM-509
Service Type M Worker ID 21302
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AE;'yyi
EVANS V. EVANS PACSES Case Number: 168104590
If you fail to appear for the conference/hearing or to bring the required documents, the
court may issue a warrant for your arrest or enter an order in your absence. If paternity is an
issue, the court may enter an order establishing paternity.
The appropriate court officer may enter an order against either party based upon the
evidence presented without regard to which party initiated the support action.
BY THE COURT:
Date of Order: 1-71 Cz
JUDGE
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU MAY GET LEGAL HELP:
CUMBERLAND CO BAR ASSOCIATION
2 LIBERTY AVE
CARLISLE PA 17013-3308-02
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of CUMBERLAND County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having business
before the court, please contact our office at: (717) 240-6225 . All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled hearing.
Page 2 of 2 Form CM-509
Service Type M
Worker ID 21302
GISELA EVANS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - SUPPORT
WILLIAM I. EVANS, PACSES NO. 166104590
Defendant 02-2866 CIVIL TERM
ORDER OF COURT
AND NOW, this 20th day of November, 2002, the Court being
advised that the Defendant has withdrawn his request for hearing de novo
from the interim order of July 23, 2002, and that the Plaintiff has
consented thereto, said interim order is affirmed as a final order.
By the Court,
C. ?
Edward E. Guido,
CC: Gisela Evans
William I. Evans
Carol J. Lindsay, Esquire
For the Plaintiff
Wayne F. Shade, Esquire
For the Defendant
Ifh
LO
Gisela H. Evans - Plaintiff
William I. Evans - Defendant
To whom it may concern:
Nov.17, 2002
Docket # 02-28E6
PACES case # 1681045510
ADV., 4 all?
I William I Evans,here by wave the Master Hearing set for December 6, 2002 at 8:30am.
I Gisela H. Evans, here by wave the Master Hearing set for December 6, 2002 at 8:30 am.
William I. Evans
Gisela H. Evans 2067 Z
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ATTN. Michael R. Rundle,Esquire
GISELA EVANS, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
WILLIAM 1. EVANS,
Defendant
NO. 02 - 2866 CIVIL TERM
IN DIVORCE
PRAECIPE TO WITHDRAW AND ENTER APPEARANCE
TO THE PROTHONOTARY:
Please withdraw my appearance for Defendant, William I. Evans, in the
above-captioned matter.
By:
Date: C_?t -3, a U G 3
1:r?"
Wayn F. Shade, Esquire
53 S. Pomfret St.
Carlisle, Pa. 17013
(717) 243-0220
Please enter my appearance for the Defendant, William I. Evans, in the
above-captioned matter.
Date: E? , ' , ?
,ld"n Adams, Esquire
36 outh Pitt St.
rlisle, Pa. 17013
(717) 245-8508
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GISELA EVANS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs. CIVIL ACTION - LAW
NO. 2002 - 2866 CIVIL TERM
WILLIAM I. EVANS,
Defendant IN DIVORCE
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You are warned that if you
fail to do so, the case may proceed without you and a decree of divorce or annulment
may be entered against you by the Court. A judgment may also be entered against you
for any other claim or relief requested in these papers by the Plaintiff. You may lose
money or property or other rights important to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available
in the Office of the Prothonotary at the Cumberland County Court House, Carlisle,
Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for,Plaintiff -
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORMYS-AT•LAW
26 W. High Street
Carlisle, PA
By:
Carob J. indsay, ?squire
ID# 44 3
26 est High Street
Carlisle, PA 17013
(717) 243-6222
GISELA EVANS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION - LAW
: NO. 2002 - CIVIL TERM
WILLIAM I. EVANS,
Defendant IN DIVORCE
AMENDED COMPLAINT IN DIVORCE
GISELA EVANS, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER &
LINDSAY, respectfully represents:
COUNT 1 - DIVORCE
1. The Plaintiff is Gisela Evans, who currently resides at 1040 Alexander
Spring Road, Carlisle, Cumberland County, Pennsylvania, where she has resided since
May 30, 2002.
2. The Defendant is William I. Evans, who currently resides at 124 West Hunter
Road, Carlisle, Cumberland County, Pennsylvania, where he has resided since 1997.
3. The Plaintiff and Defendant both have been bona fide residents in the
Commonwealth of Pennsylvania for at least six months immediately prior to the filing of
this Complaint.
4. The Plaintiff and Defendant were married on February 24, 1972, at
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
Henderson, North Carolina.
5. That there have been no prior actions of divorce or for annulment between
the parties in this or in any other jurisdiction.
6. The Plaintiff avers that she is entitled to a divorce on the ground that the
marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c)
and/or (d) of the Divorce Code.
7. Plaintiff has been advised of the availability of marriage counseling and of the
right to request that the Court require the parties tc participate in marriage counseling,
and does not request counseling.
WHEREFORE, Plaintiff requests the Court to enter a decree of divorce.
COUNT II - ALIMONY, COUNSEL FEES AND COSTS
8. The averments of Paragraph 1- 7 are incorporated herein by reference as
though set out in full.
9. Plaintiff is without resources sufficient to pay for her reasonable needs.
WHEREFORE, Plaintiff prays this Honorable Court to award alimony in an
amount sufficient to provide for reasonable needs, counsel fees and costs.
COUNT III - EQUITABLE DISTRIBUTION
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
10. The averments of Paragraph 1- are incorporated herein by reference as
though set out in full.
11. The parties have, during their marriage, acquired certain property, both
personal and real.
WHEREFORE, Plaintiff prays this Honorable Court to equitably divide the
parties' property.
SAIDIS, SNUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
By:
Date: !1 7
Carol J. ?r' ay, Esquire
ID##4 9
26'Nes High Street
Carlisle, PA 17013
(717) 243-6222
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. § 4904, relating to unsworn falsification to authorities.
Gisela Evans
Date:'
SAIDIS
SHUFF, FLOWER
& LINDSAY
AMRNEYS•AT•tAW
26 W. High Street
Carlisle, PA
15)
?v
?,
_
04/11/2005 11:00
SAIDIS
SHUFF, FLOWER
& LINDSAY
n1T0ANEY5•AT•UW
Er, W. High Street
Grfiele. PA
7172436510
GISELA EVANS,
SAIDIS SHUFF FLOWER
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUhIBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION • LAW
: NO. 2002 - 2666 CIVIL TERM
WILLIAM 1. EVANS,
- Defendant IN'VIVORCE
PAGE 02/03
PLAINTIFFS AA?FII)AV-JT OF CONSENT
UNDER 6330jjc1 OF? THE DIVORCE CODE
gND WAIVER f. F COUNSELING
1, A Complaint in Divorce under §3301 (c) td the Divorce Code was filed June 13, 2002..
2. The marriage of plaintiff and defendant in. iffetr evably broken and ninety days have elapsed
from the date of filing and service of the Complaint.
3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to
request entry of the Decree.
I verity that the statements made in th s Affidavit are true and correct to the best of my
knowledge, Information and belief. I understand That false Statements herein are made subject to the
penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities.
/? f?ili/Q !( CbGri/?
Dater
/?Isels Evans, Plaintiff
PMAINTIFF'S WAIVER OF t OTICE OF INTENTION TO REQUEST
T Y OF A D1IV0RCE DECREE UNDER
0191 c dI° TH DIVORCE COPE
1. 1 consent to the entry of a final Decree of Divorce without notice.
2. 1 understand that I may lose rights concoming alimony, division of property, lawyer's fees or
expenses if I do not claim them before a divorce is granted.
3. 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 cent to me immediately after it Is filed with the
Prothonotary.
I verify that the Statements made in this Affidavit are true and correct to the
best of my knowledge, Information and belief. I understand that false statements herein are made
subject to the penalties//of 18 P&C.S. 4904 relating to unswoD,mfalsifiiccaattion to authorities
Date: , (?- 2? ?Jll??icCC !7' G?
?'iesla Evans
04/11/2005 11:00 7172436510 SAIDIS SHUFF FLOWER PAGE 03/03
GISELA EVANS,
WILLIAM I. EVANS,
Plaintiff
V8.
IN TI4E COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2002 - 2866 CIVIL TERM
Defendant : IN DIVORCE
DEFANDANT'S AFFIDAVIT OF CONSENT
UNUR 63301/ct OF.TNE DIVORCE COD)<
AND WAIVER QF COUNSELING
1. A Complaint in Divorce under §3301 (c) (if the Divorce Code was filed June 13, 2002..
2. The marriage of plaintiff and defendant i:i, irretrievably broken and ninety days have elapsed
from the date of filing and service of the Complaint.
3. 1 consent to the entry of a final Decree In 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 to the best of my
knowledge. information and belief. I understand that false statements herein are made subject to the
penalties of 113 Pa.C.S. 4904 relating to unsworn falsification to authorities.
Date: z L,4,,
William 1. Evans, Defendant
DEFENDANTS WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
3301 tcI OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. 1 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. 1 understand that 1 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 verity that the statements made In this Affidavit are true and correct to the
best of my knowledge, Information and belief. 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;/ G - --2 ?
liam I. Evans. Defendant
GISELA EVANS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 02 - 2866 CIVIL
WILLIAM I. EVANS,
Defendant IN DIVORCE
ORDER OF COURT
AND NOW, this day of
2005, the parties and counsel having entered into an agreement
and stipulation resolving the economic issues on April 11,
2005, the date set for a conference, the agreement and
stipulation having been transcribed, and subsequently signed by
the parties and counsel, the appointment of the Master is
vacated and counsel can conclude the proceedings by the filing
of a praecipe to transmit the record with the affidavits of
consent of the parties so that a final decree in divorce can be
entered.
BY THE COURT,
cc: / rol J. Lindsay
Attorney for Plaintiff
4/?ane Adams
Attorney for Defendant
! ,' ;'
C(eok o er, P. J.
04 1
„??11 X61
GISELA EVANS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 02 - 2866 CIVIL
WILLIAM I. EVANS,
Defendant IN DIVORCE
THE MASTER: Today is Monday, April 11, 2005.
This is the date set for a conference with counsel. They
brought the parties along today to see if they could resolve
the economic issues and they apparently have done so. We
are going to have an agreement placed on the record.
Present in the hearing room are the
Plaintiff, Gisela Evans, and her counsel Carol J. Lindsay,
and the Defendant, William I. Evans, and his counsel Jane
Adams.
This action was commenced by the filing of a
complaint in divorce on June 13, 2002, raising grounds for
divorce of irretrievable breakdown of the marriage. The
parties are going to sign affidavits of consent and waivers
of notice of intention to request entry of divorce decree
today. Those affidavits and waivers will be filed by the
Master's office with the Prothonotary so that the divorce
can be concluded under Section 3301(c) of the Domestic
Relations Code.
An amended complaint was filed on behalf of
the Plaintiff on November 19, 2004, raising the economic
1
claims of equitable distribution, alimony, and counsel fees
and costs.
The parties were married on February 24,
1972, and separated May 31, 2002. The parties have no
children together although wife has two children from a
previous marriage which husband helped support and raise.
Those children are currently emancipated. Husband also has
one child of a previous marriage living.
As indicated, the Master was advised that the
parties reached an agreement with respect to the outstanding
economic claims. An agreement is going to be placed on the
record in the presence of the parties. The agreement as
placed on the record will be considered the substantive
agreement of the parties not subject to any changes or
modifications except for correction of typographical errors
which may be made during the transcription. After the
agreement has been transcribed, the parties and counsel are
going to return later this afternoon to review the draft for
typographical errors. If any corrections are necessary,
they will be made and the parties will be asked to affix
their signatures to the agreement affirming the terms of
settlement as stated on the record. In any event, the
parties are bound by the agreement whether or not it is
subsequently signed when they leave the hearing room today.
Upon receipt by the Master of a completed
2
agreement, the Master will prepare an order vacating his
appointment and counsel can file a praecipe transmitting the
record to the Court requesting a final decree in divorce.
Ms. Lindsay.
MS. LINDSAY:
1. The parties have agreed to divide their realty in kind:
a. Husband will retain the house which was the marital
home located at 124 West Hunter Street in Carlisle. Husband
will refinance the marital home within 60 days of the date
of this agreement or obtain a release so that wife is no
longer liable on the mortgage. With regard to 124 West
Hunter Street, wife will execute a deed provided to her by
husband and deliver the deed on or about the date of the
refinance. Wife will cooperate in signing a deed for escrow
pending the refinance in order to satisfy any request by
husband's lender.
Husband will also retain 128 West Hunter Street which
the parties aver is no longer encumbered by a mortgage.
Husband will also retain the property known and
numbered as 269 Red Tank Road in Boiling Springs.
For all properties retained by husband, his counsel
will prepare deeds.
b. Wife will retain the property at 605 Gutshall Road in
Boiling Springs, 303 South Baltimore Street in Mt. Holly
Springs, 15 Smith Road in Gardners, and 1.426 acres along
Locust Street in Mt. Holly Springs.
For all such properties to be retained by wife, her
counsel will provide the deeds.
C. With regard to all properties of the parties, husband
warrants to wife that as of May 1, 2005, all taxes and
insurance will have been paid on those properties. Upon
transfer the parties will promptly assure that the insurance
policies are properly titled.
d. With the exception of the marital home which requires a
refinance or an assumption of wife's obligation by husband,
all deeds will be transferred on or about May 1, 2005, and
at the same time as the transfer, husband will assign to
3
r
wife the leases for those properties which she is receiving.
2. Husband shall retain all personal property located at
124 West Hunter Street. Wife will retain all personal
property located in the garage on Locust Street in Mt. Holly
Springs, provided, however, that husband may remove from the
Locust Street property a truck/van body within 30 days from
today's date. In the event that husband does not remove the
property within 30 days of today's date, the property shall
be the sole property of wife.
Furthermore, wife will provide to husband any pictures
which she may have of his children.
3. Husband shall retain the 1989 Chevrolet S-10 pickup
truck, the 1995 Dodge Intrepid, the 1990 GEO Tracker, and
the 2001 GMC Sierra truck. Husband will also retain the
dump truck.
Wife shall retain the 1996 Dodge Intrepid.
The parties warrant that all vehicles are without lien
with the exception of the 2001 GMC Sierra which is
encumbered by a loan to husband. Husband will be solely
responsible for the payment of that loan and indemnify and
hold wife harmless on account of that obligation.
With regard to vehicles, within ten days of the date of
this agreement the parties will transfer one to the other
the title to any vehicle which he or she is receiving in
equitable distribution.
4. Husband shall receive the joint Way Point checking
account, No. 1700016737; his F&M checking account, No.
33-14405; and his F&M money market account, No. 70-66279.
Wife will retain her Allfirst money market account.
5. Husband shall retain his Central Pennsylvania Teamsters
pension and his Pioneer IRA, No. 002-0961074420.
6. Wife shall retain her Pennsylvania School Employees'
Retirement System pension and her Pioneer Investment
account, No. 00-0961074398.
7. Husband has a non-marital pension through the Teamsters
Council No. 83 of Virginia. Husband will retain the pension
but he shall permit wife to retain the survivor annuity.
Concurrent with the praecipe to transmit the record, the
parties will provide to the Court a signed QDRO to be
4
prepared by husband's counsel securing the survivor annuity
to wife.
8. Wife waives any interest she has in husband's Woodmen
of the World insurance policy and husband waives any
interest he might have in wife's Metropolitan Life Insurance
policy.
9. Husband will pay to wife alimony at $400.00 per month
commencing May 1, 2005. On the same date, wife will advise
the office of Domestic Relations that her spousal support or
alimony pendente lite order should terminate. Alimony shall
be non-modifiable and shall terminate upon death of either
party, cohabitation or remarriage of wife.
10. 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
may now have or hereafter acquire under the present or
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, statutory
allowance, widow's allowance, right of intestacy, right to
take against the will of the other, and right to act as
administrator or executor in the other's estate. 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 all such interest, rights, and claims.
MS. LINDSAY: Ms. Evans, you've been present
here while I dictated on the record the agreement we have
reached today?
MS. EVANS: Yes, I have.
MS. LINDSAY: Have you understood what I have
said?
MS. EVANS: Yes.
MS. LINDSAY: Are you in agreement that the
agreement we put on the record is one you want to enter
into?
5
MS. EVANS: Yes.
MS. ADAMS: Mr. Evans, you've been present
during the dictation of this agreement, have you fully
understood all of the terms of the agreement?
MR. EVANS: I think I have.
MS. ADAMS: You --
MR. EVANS: I said I have.
MS. ADAMS: Now, that you heard and you
understand the terms of the agreement, do you fully agree to
this agreement?
MR. EVANS: I will agree to it.
MS. ADAMS: And you do not have any
questions?
MR. EVANS: None that I know of.
THE MASTER: Thank you.
I acknowledge that I have read the above stipulation
and agreement, that I understand the terms of settlement as
set forth herein, and that by signing below I ratify and
affirm the agreement previously made and intend to bind
myself to the settlement as a contract obligating myself to
the terms of settlement and subjecting myself to the methods
6
and procedures of enforcement which may be imposed by law
and in particular Section 3105 of the Domestic Relations
Code.
WITNESS: DATE:
Caro J. i say j 1 i isela Evans
Attorney tc?Z Plaintiff
- e-
e Adams -William I. Evans
orney for Defendant
r
GISELA EVANS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 02 - 2866 CIVIL
WILLIAM I. EVANS,
Defendant IN DIVORCE
THE MASTER: Today is Monday, April 11, 2005.
This is the date set for a conference with counsel. They
brought the parties along today to see if they could resolve
the economic issues and they apparently have done so. We
are going to have an agreement placed on the record.
Present in the hearing room are the
Plaintiff, Gisela Evans, and her counsel Carol J. Lindsay,
and the Defendant, William I. Evans, and his counsel Jane
Adams.
This action was commenced by the filing of a
complaint in divorce on June 13, 2002, raising grounds for
divorce of irretrievable breakdown of the marriage. The
parties are going to sign affidavits of consent and waivers
of notice of intention to request entry of divorce decree
today. Those affidavits and waivers will be filed by the
Master's office with the Prothonotary so that the divorce
can be concluded under Section 3301(c) of the Domestic
Relations Code.
An amended complaint was filed on behalf of
the Plaintiff on November 19, 2004, raising the economic
1
claims of equitable distribution, alimony, and counsel fees
and costs.
The parties were married on February 24,
1972, and separated May 31, 2002. The parties have no
children together although wife has two children from a
previous marriage which husband helped support and raise.
Those children are currently emancipated. Husband also has
one child of a previous marriage living.
As indicated, the Master was advised that the
parties reached an agreement with respect to the outstanding
economic claims. An agreement is going to be placed on the
record in the presence of the parties. The agreement as
placed on the record will be considered the substantive
agreement of the parties not subject to any changes or
modifications except for correction of typographical errors
which may be made during the transcription. After the
agreement has been transcribed, the parties and counsel are
going to return later this afternoon to review the draft for
typographical errors. If any corrections are necessary,
they will be made and the parties will be asked to affix
their signatures to the agreement affirming the terms of
settlement as stated on the record. In any event, the
parties are bound by the agreement whether or not it is
subsequently signed when they leave the hearing room today.
Upon receipt by the Master of a completed
2
agreement, the Master will prepare an order vacating his
appointment and counsel can file a praecipe transmitting the
record to the Court requesting a final decree in divorce.
Ms. Lindsay.
MS. LINDSAY:
1. The parties have agreed to divide their realty in kind:
a. Husband will retain the house which was the marital
home located at 124 West Hunter Street in Carlisle. Husband
will refinance the marital home within 60 days of the date
of this agreement or obtain a release so that wife is no
longer liable on the mortgage. With regard to 124 West
Hunter Street, wife will execute a deed provided to her by
husband and deliver the deed on or about the date of the
refinance. Wife will cooperate in signing a deed for escrow
pending the refinance in order to satisfy any request by
husband's lender.
Husband will also retain 128 West Hunter Street which
the parties aver is no longer encumbered by a mortgage.
Husband will also retain the property known and
numbered as 269 Red Tank Road in Boiling Springs.
For all properties retained by husband, his counsel
will prepare deeds.
b. Wife will retain the property at 605 Gutshall Road in
Boiling Springs, 303 South Baltimore Street in Mt. Holly
Springs, 15 Smith Road in Gardners, and 1.426 acres along
Locust Street in Mt. Holly Springs.
For all such properties to be retained by wife, her
counsel will provide the deeds.
C. With regard to all properties of the parties, husband
warrants to wife that as of May 1, 2005, all taxes and
insurance will have been paid on those properties. Upon
transfer the parties will promptly assure that the insurance
policies are properly titled.
d. With the exception of the marital home which requires a
refinance or an assumption of wife's obligation by husband,
all deeds will be transferred on or about May 1, 2005, and
at the same time as the transfer, husband will assign to
3
wife the leases for those properties which she is receiving.
2. Husband shall retain all personal property located at
124 West Hunter Street. Wife will retain all personal
property located in the garage on Locust Street in Mt. Holly
Springs, provided, however, that husband may remove from the
Locust Street property a truck/van body within 30 days from
today's date. In the event that husband does not remove the
property within 30 days of today's date, the property shall
be the sole property of wife.
Furthermore, wife will provide to husband any pictures
which she may have of his children.
3. Husband shall retain the 1989 Chevrolet 5-10 pickup
truck, the 1995 Dodge Intrepid, the 1990 GEO Tracker, and
the 2001 GMC Sierra truck. Husband will also retain the
dump truck.
Wife shall retain the 1996 Dodge Intrepid.
The parties warrant that all vehicles are without lien
with the exception of the 2001 GMC Sierra which is
encumbered by a loan to husband. Husband will be solely
responsible for the payment of that loan and indemnify and
hold wife harmless on account of that obligation.
With regard to vehicles, within ten days of the date of
this agreement the parties will transfer one to the other
the title to any vehicle which he or she is receiving in
equitable distribution.
4. Husband shall receive the joint Way Point checking
account, No. 1700016737; his F&M checking account, No.
33-14405; and his F&M money market account, No. 70-66279.
Wife will retain her Allfirst money market account.
5. Husband shall retain his Central Pennsylvania Teamsters
pension and his Pioneer IRA, No. 002-0961074420.
6. Wife shall retain her Pennsylvania School Employees'
Retirement System pension and her Pioneer Investment
account, No. 00-0961074398.
7. Husband has a non-marital pension through the Teamsters
Council No. 83 of Virginia. Husband will retain the pension
but he shall permit wife to retain the survivor annuity.
Concurrent with the praecipe to transmit the record, the
parties will provide to the Court a signed QDRO to be
4
prepared by husband's counsel securing the survivor annuity
to wife.
8. Wife waives any interest she has in husband's Woodmen
of the World insurance policy and husband waives any
interest he might have in wife's Metropolitan Life insurance
policy.
9. Husband will pay to wife alimony at $400.00 per month
commencing May 1, 2005. On the same date, wife will advise
the office of Domestic Relations that her spousal support or
alimony pendente lite order should terminate. Alimony shall
be non-modifiable and shall terminate upon death of either
party, cohabitation or remarriage of wife.
10. 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
may now have or hereafter acquire under the present or
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, statutory
allowance, widow's allowance, right of intestacy, right to
take against the will of the other, and right to act as
administrator or executor in the other's estate. 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 all such interest, rights, and claims.
MS. LINDSAY: Ms. Evans, you've been present
here while I dictated on the record the agreement we have
reached today?
MS. EVANS: Yes, I have.
MS. LINDSAY: Have you understood what I have
said?
MS. EVANS: Yes.
MS. LINDSAY: Are you in agreement that the
agreement we put on the record is one you want to enter
into?
5
MS. EVANS: Yes.
MS. ADAMS: Mr. Evans, you've been present
during the dictation of this agreement, have you fully
understood all of the terms of the agreement?
MR. EVANS: I think I have.
MS. ADAMS: You --
MR. EVANS: I said I have.
MS. ADAMS: Now, that you heard and you
understand the terms of the agreement, do you fully agree to
this agreement?
MR. EVANS: I will agree to it.
MS. ADAMS: And you do not have any
questions?
MR. EVANS: None that I know of.
THE MASTER: Thank you.
I acknowledge that I have read the above stipulation
and agreement, that I understand the terms of settlement as
set forth herein, and that by signing below I ratify and
affirm the agreement previously made and intend to bind
myself to the settlement as a contract obligating myself to
the terms of settlement and subjecting myself to the methods
6
and procedures of enforcement which may be imposed by law
and in particular Section 3105 of the Domestic Relations
Code.
WITNESS:
Carol J. ndsay
Attorney ,f r Plaintiff
Attorney for Defendant
DATE:
sela Evans
!i 6s
William I. Evans
7
;-> :=!
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_ _.. ., -,
5=.?; _,
j- .
lA
?..] '. ;+
'? }
l ^-
?? ??7
GISELA EVANS,
Plaintiff
VS.
WILLIAM I. EVANS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
: NO. 2002 - 2866 CIVIL TERM
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information to the court for entry of a
divorce decree:
1. Ground for divorce:
Irretrievable breakdown under 3301 (c)
2201 (d) (1) of the Div e Cede,
(Strike out inapplicable section)
2. Date and manner of service of the complaint:
William I. Evans, certified mail, June
Prothonotary June 25, 2002.
Certificate of Service on
19, 2002 and filed with
Complete either paragraph (a) or (b).
a. Date of execution of the affidavit of consent required by 3301 (c) of the
Divorce Code:
by plaintiff: April 11, 2005 by defendant: April 11, 2005
b. (1) Date of execution of the affidavit required by 3301 (d) of the
Divorce Code:
(2) Date of filing and service of the plaintiff's affidavit upon the
respondent:
4. Related Claims pending: None: The terms of the Marital Settlement
Agreement and Stipulation of April 11, 2005 are incorporated but
not merged into the Decree in Divorce
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
3. Complete either (a) or (b)
a. Date and manner of service of the notice of intention to file Praecipe to
transmit record, a copy of which is attached:
b. Date of plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with the
Prothonotary: April 12, 2005
Date defendant's Waiver of Notice in 31611 (c) ivo as filed with the
Prothonotary: April 12, 200
d 7
Supreme CourtiID) 4 93
Saidis, Shuff, Flower & Lindsay
26 West High Street
Carlisle PA 17013
Phone: 717.243.6222
Attorney for Plaintiff
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
GISELA EVANS ) Docket Number 02-2866 CIVIL
Plaintiff )
vs. ) PACSES Case Number 168104590
WILLIAM I. EVANS )
Defendant ) Other State ID Number
ORDER
AND NOW, to wit, on this 13TH DAY OF MAY, 2005 IT IS HEREBY
ORDERED that the support order in this case be Q Vacated or QSuspended or
® Terminated without prejudice or Q Terminated and Vacated,
effective MAY 1, 2005 , due to:
THE PARTIES' MARITAL SETTLEMENT AGREEMENT. THE CASE IS CLOSED WITH A CREDIT
OF $411.67 THAT WILL BE DIRECTED TO THE ALIMONY ACCOUNT.
DRO: RJ Shadday
xC: plaintiff
defendant
Carol Lindsay, Esquire
Wayne Shade, Esquire
BY THE T:
Edward E. Guido JUDGE
Form OE-504
Service Type M Worker ID 21005
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GISELA EVANS,
V.
: IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM I. EVANS,
Defendant
NO. 02 - 2866 CIVIL TERM
IN DIVORCE
DOMESTIC RELATIONS ORDER
1. This Domestic Relations Order ("DRO"), creates and recognizes the existence of the
Alternate payee's right to receive a portion of the benefits payable with respect to the Participant.
It is intended to constitute a DRO Acceptable for Processing under final regulations issues by
Pension Administrator.
2. This DRO is entered pursuant to authority granted under the applicable domestic
relations laws of the State of Pennsylvania.
3. This DRO relates to the provisional marital property rights of the Alternate Payee
pursuant to a Property Settlement and Separation Agreement entered before the Cumberland
County Divorce Master on April 11, 2005.
4. This DRO applies to the Participant's pension through the Teamster's Council No. 83
of Virginia.
5. The Participant's name, mailing address, social security number, and date of birth are:
William Evans
124 Hunter Road
Carlisle, Pa. 17013
Date of birth: October 18, 1934
Social Security No. 231-36-4640
are: 6. The Alternate Payee's name, mailing address, social security number, and date of birth
Gisela Evans
1040 Alexander Spring Road
Carlisle, Pa. 17013
Date of birth: October 21, 1941.
Social Security No. 226-60-1802
7. It is the responsibility of the Alternate Payee to keep a current mailing address on file
wtih the Plan at all times.
8. The Participant is currently retired and receiving a monthly benefit under the Plan.
Upon retirement he elected to provide a survivor to Alternate Payee.
9. The sole purpose of this DRO is to require the Participant to provide the Alternate
Payee with a former spouse survivor annuity under the Plan in the same amount to which she
would have been entitled if the divorce had not occurred.
10. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain
jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a
Domestic Relations Order, provided; however, that no such amendment or right of the Court to
so amend will invalidate this Order.
CONSENT TO ORDER:
DEFENDANT/PARTICIPANT
William I. Evans J e Adams, Esquire
4 S. Pitt St.
Carlisle, Pa. 17013
(717) 245-8508
Attorney for Defendant
PLAINTIFF/ALTERNATE PAYEE
t.
ela Evans
C
Carol J. Lind y, squire
26 W. High
Carlisle, Pa. 17013
(717) 243-6222
Attorney for Plaintiff
BY THE COURT:
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
GISELA EVANS ''...: .''....".:..
Plaintiff II No. 2002-2866
VERSUS
WILLIAM I. EVANS
Defendant
DECREE IN
DIVORCE
AND NOW, ,,
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,215e )c IS ORDERED AND
DECREED THAT Gisela Ev
PLAINTIFF,
AND William I. Evans
,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 terms of the Marital Settlement Agreement and Stipulation
of April 11, 2005 are incorporated but not merged into the Decree in Divorce.
BY THE COURT:
ATT
J.
PROTHONOTARY
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GISELA H. EVANS,
Plaintiff/Petitioner
VS.
WILLIAM I. EVANS,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 02-2866 CIVIL TERM
IN DIVORCE
PACSES CASE: 168104590
ORDER OF COURT
AND NOW to wit, this 2nd day of October 2008, it is hereby Ordered that the
Domestic Relations Section dismiss their interest in the above captioned Alimony matter,
pursuant to the demise of the Defendant on September 26, 2008.
The account is closed with a balance of $1,116.10 owed to the plaintiff.
BY THE COURT:
are
Edward E. G do, J.
DRO: R.J. Shadday
xc: Petitioner
Respondent
Jane Adams, Esq.
Family law Clinic.
Form OE-001
Service Type: M Worker: 21005
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