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HomeMy WebLinkAbout95-01198 v j c.. Q) ........ tl1 . - - c.. ~ ....+- I/J LU -7 aJ C E ~ J , 1 I I I 00 a- - - ,'. ~ ~~ M .,' ,; .;, ~ ~ ~ ,,- " ~.' 8 $ ..:. ~ ~ ,,- S ~ " ~.' M .,' ~ !="' ~ <:' .;, ~ ~ .:<<. ':C" .:+:. .:c- .i';' .:.:. .:.:. .:c. .:.:. .:c. .*- .:.:. .:+:. .:.:. .:.:. ',:+:. . .:<<. .:+:. ..:~- f.:.t ------- -------...~.... r,; ~ ,,' ... I. .. .:.:.<~<.:c.>....~:{t>:..~..:.,.. ':C" ':C, .:c- "':~-;4 -~ 8 8 ~ i ., 8 ~ ~ ~ .~ " ., s " ',' $ ~ :, w ." " ',- I, W <:' " r,; 8 w .~ ". ~ ~ ',' w ',- ,; i '.~ ,'. ~ ~ ... ~ ',- *- ',' ~ ',' ~ ',- ,~ ',' v ',' ~ (." !~ ",' i , .... '~ :~ ,~ ~ I'" ~ '~ ~. t'"......... '::: ~ -...., .. - -'" .. - '- - .. .. .... .. -.. - -,--' - --.. -- .. , , - --- ' , . ~~~~..*~~.~**~*~~*~*******.~**~**~. ..:. ~ IN THE COURT OF COMMON PLEAS ~ " " ',- OF CUMBERLAND COUNTY STATE OF _ PENNA. 8 ~ -'. ~ " ... W <:' NO~~ J. DUFFIN ESTERLINE, ........... - Plaintiff No, ,..9.?::"P9,{L... ....,............ 19 95 p -'. ~ .'. * i " " <:' VCI'SIIS ~ ',- EDWARD P. ESTERLINE, JR. " ,.., ..,.. "-- Defendant' ~ ~ " w ',' *- ',' DECREE IN -/J..r"?.2(1A D I V 0 R C q r~ 'f # 7'j ,- \ AND NOW, ~"'l.",, '"",.. 19., ,.", it is ordered and decreed that ,. ~,-,:~'J".J.., ,nUF.F.IIl ,ES'!:ERLIIlE ' , , , , , , , , , , . , , , , . '. plaintiff, and"""""", ..~~I:I~~,~: ,~?~~~~~~~".!~:,",.,""""',... 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 ente'ed;.......... .fJo.1J~............................ ......................... ..., '0..' ........... ........... t.,;.fJM ~ ~ ?b 4 Ct~ ~. /,8- 7l~ /Jr~ zt cIfl- , . .. , . . 'II .. , . , CUSTODY/PROPERTY AND MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, MADE THIS THE 1.. ~ DAY OF Apd . ,1995, BY AND BETWEEN: NORMA J. DUFFIN ESTERLINE, of Wormleysburg, Cumberland County,Pennsylvanla, hereinafter called the "WIFE", AND EDWARD P. ESTERLINE, JR., of Halifax, Dauphin, County, Pennsylvania, hereinafter called, the "HUSBAND" WIT N E SSE T H: WHEREAS, HUSBAND and WIFE, w!'lre lawfully married on the 23rd day of July, 1983 in Summerdale, Cumberland County. Pennsylvania; and WHEREAS, HUSBAND and WIFE. have one (1) child born to them, ASHLEY A. ESTERLINE (dob 3/27/85). WHEREAS, diverse. unhappy differences. disputes and difficulties have arisen between HUSBAND and WIFE in consequence of which they are living separate and apart from each other: and the parties hereto are desirous of settling fully and finally the respective financial and property rights and obligations as between each other; including, without limitation all matters between them relating to the owner- ship and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support , alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE: and all claims and possible claims by one against the other or against their respective estates, WHEREAS, HUSBAND and WIFE have made full disclosure of their assets to each other; and NOW, THEREFORE, in consideration of the promises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, or receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: FIRST- SEPARATION. HUSBAND AND WIFE shall at all times hereafter have the right to live separate and apart from the other party at such place or places as he or she may from time-to-tlme choose or deem fit. free from control restraint, or interference whatsoever by the other party, Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings, The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart, SECOND - INTERFERENCE - Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single or unmarried. except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor . compel the other to cohabitate with the other, or in any way interfere with peaceful existence, separate and apart from the other, THIRD - WIFE'S DEBTS - WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND OR HIS ESTATE MIGHT BE RESPONSIBLE, WIFE AGREES TO INDEMNIFY AND HOLD HARMLESS HUSBAND from any and all claims or demands made against him by reason of debts and obligations incurred by the WIFE prior to the date of the delivery of this Agreement. All further debts Incurred by the WIFE, from and after the date of the execution of this Agreement, shall be the WIFE's Individual responsibility, FOURTH - HUSBAND'S DEBTS - HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE OR HER ESTATE MIGHT BE RESPONSIBLE, HUSBAND AGREES TO INDEMNIFY AND HOLD HARMLESS WIFE from any and all claims or demands made against her by reason of debts and obligations incurred by the HUSBAND prior to the date of the delivery of this Agreement. All further debts incurred by the HUSBAND, from and after the date of the execution of this Agreement, shall be the HUSBAND's individual responsibility, FIFTH. SUBSEQUENT DIVORCE - The parties hereby acknowledge that the WIFE has filed a Complaint in Divorce in Cumberland County (Docket #95.1198 Civil Term 1995) claiming that the marriage is irretrievably broken under the No-Fault Mutual Consent Provision of 3301 (d) of the Pennsylvania Divorce Code of 1980 and subsequent changes. Both parties agree that the marriage Is irretrievably broken and express their Intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301 (d) of the Divorce Code. promptly after the expiration of the 90-day period, The parties hereby waive all rights to request the court to order counseling under the Divorce Code, It is further and specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code, SIXTH- DIVISION OF PERSONAL PROPERTY - The parties hereto agree that they have divided between them, to their mutual satisfaction, the personal effects and household furniture and furnishings. and all other articles of personal property, Including motor vehicles, which have heretofore been used by them In common, and neither party shall make any claim to any such items which are now In the possession or under the control of the other, SEVENTH: SUPPORT AND CUSTODY: A. WIFE acknowledges HUSBAND has been paying child support since the parties separated in July of 1990, WIFE further acknowledges that HUSBAND is currently paying directly to her $250 a month, which includes $90 a month for orthodontist bills for their daughter, ASHLEY, and will continue to do so, NINTH . Division of BANK ACCOUNTS and DEBTS: The parties hereto agree that any monies held by either of them in an account in that party's name alone shall remain the sole and exclusive property of that party, The parties further agree that any monies previously held In Joint savings accounts have heretofore been divided, TENTH- PENSIONS. ANNUITIES and/or RETIREMENT BENEFITS - WIFE agrees that any monies which HUSBAND has acquired through his Interests in either pensions, annuities, and/or retirement benefits, Including but not limited to IRA's, 401 (k)'s, and mutual funds, through his present or past employers shall remain his sole and exclusive property, WIFE agrees to waive any Interests she may have In such property and further agrees that she will not assert any such claims in the future, HUSBAND agrees that any monies which WIFE has acquired through her own interests in either pensions, annuities, and/or retirement benefits. including but not limited to, IRA's, 401(k)'s and mutual funds, through her present or past employers shall remain her sole and exclusive property, HUSBAND agrees to waive any Interests he may have in such property and further agrees that he will not assert any such claim in the future, ELEVENTH: MEDICAL INSURANCE/COVERAGE - Each party shall be responsible for his/her own health insurance protection currently provided by their respective employers, Both parties agree to be responsible for ensuring ASHLEY shall also have medical insurance coverage and pledge to co-ordinate such coverage so as to minimize Individual costs to each other, with the HUSBAND's current coverage remaining as the primary coverage for ASHLEY, TWELFTH: INCORPORATION IN DIVORCE DECREE - Itls further agreed, covenanted and stipulated that this Agreement shall be incorporated In any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be Instituted by the parties for the purpose of enforcing the contractual obligations of the parties, This Agreement shall not be merged In any such decree but shall in all respects survive the same and be forever binding and enforceable upon the parties. THIRTEENTH: ALIMONY, ALIMONY PENDENTE LITE. COUNSEL FEES. AND EXPENSES. Both parties accept the provisions of this Agreement in lieu of and In full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other, if any, for alimony, alimony pendente lite, counsel fees, or expenses, or for any other provisions for spousal support and maintenance before, during and after the commencement of any proceedings for the divorce between the parties, HUSBAND acknowledges that WIFE has flied a two-year No-Fault Divorce (CUMBERLAND COUNTY Docket No, # 95.1198 Civil Term 1995), FOURTEENTH: MUTUAL RELEASE . HUSBAND OR WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and Interest, or claims in or against the property (Including income and gain from property hereafter accruing) of the other or against the estate of such other. It Is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees, and expenses. alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. FIFTEENTH: BREACH. If either party breaches any provision of this Agreement. the other party shall have the right at his or her election, to sue for damages. or seek such other remedies or relief as may be available to him or her. The party breaching this contract shall be responsible for payment of legal fees and costs, Including attorney's fees, incurred by the other In enforcing hislher rights under this Agreement. SIXTEENTH: ADVICE OF COUNSEL - The provisions of this Agreement and its legal effect has been fully explaineo to the WIFE by her attorney. DONALD B, OWEN, Esq. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or Illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party hereto agrees that he or she will not at any time raise as a defense or otherwise the lack of disclosure In any legal proceeding Involving this Agreement, with the exception of disclosure that may have been fraudulently withheld, HUSBAND acknowledges he has been provided an opportunity to hire his own attorney and has chosen not to do so, SEVENTEENTH: FINANCIAL DISCLOSURE- The parties hereto confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an Inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement. EIGHTEENTH: WARRANTY AS TO EXISTING OBLIGATIONS- Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for In this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been incurred by them, Including those for necessities. except for the obligations arising out of this Agreement. NINETEENTH: WARRANTY AS TO FUTURE OBLIGATIONS- HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter Incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. TWENTIETH: MODIFICATION AND WAIVER- The modification and waiver of any of the provisions of this Agreement shall be effective only if made In writing and executed with the same formality as the Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, TWENTY-FIRST: DESCRIPTIVE HEADINGS - The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties hereto, TWENTY-SECOND: INDEPENDENT SEPARATE COVENANT- Itls specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. TWENTY-THIRD: VOID CLAUSE- If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or Invalid In law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement. and in all other respects this Agreement shall be valid and continue in full force, effect and operation, TWENTY.FOURTH: ENTRY AS PART OF THE DECREE- WIFE has Initiated an action in divorce under Section 3301 (d) of the Pennsylvania Divorce Code, filed in CUMBERLAND COUNTY Docket # 95-1198 Civil Term 1995, It is the Intention of the parties hereto that the within Agreement shall survive the aforementioned action for divorce, and that no order, judgment or decree, temporary, interlocutory, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be made part of any such judgment or decree of final divorce, but shall not be merged therein, WIFE agrees to provide the HUSBAND, at his expense, with a certified copy of the final decree in divorce, TWENTY.FIFTH: VOLUNTARY EXECUTION- , The parties hereby acknowledge that both have carefully read the terms of this Agreement, and both acknowledge that they fully understand the terms and agree to be bound by all of its , provisions, FURTHERMORE, Both parties hereto declare that they do understand the full legal effect of this Agreement, especially with regard to the fairness and equitable nature of the distribution of marital property between them; and the waivers, especially those benefits enumerated in Paragraphs SIXTH through ELEVENTH, , Both parties acknowledge that their execution of this Agreement has been done voluntarily and knowingly and their execution Is not the result of any duress or undue influence, TWENTY-SIXTH: APPLICABLE LAW. This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto, TWENTY-SEVENTH: ENTIRE AGREEMENT-This Agreement contains the entire understanding of the parties hereto, and there is no other representations, warranties, covenants, or undertakings other than those expressly set forth herein, TWENTY-EIGHTH: AGREEMENT BINDING UPON HEIRS - This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors,and administrators. TWENTY-NINTH: ADDITIONAL INSTRUMENTS - Each of the parties shall from time-to-tlme, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to to give full force and effect to the provisions of this Agreement. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have hereunto set their hands and seals the day, month and year first above written, to this Marriage Settlement Agreement, consisting of this and twelve (12) other typewritten pages, \>d/1:/i/ ::tJ1t~ WITN 5S . ~"t/ ,:~ ITN SS o ~, .~ N MA DUF N ESTERLINE -~..A ' (Wife) caz~ ,~~~ EDWARD P. ESTERLINE, JR. (Husband) I ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No, 95-1198 Civil Term Civil Action - Law IN DIVORCE . ", , H '95 ! 1-"0 J iI I,.i. jid '\;.I.t..} NORMA J. DUFFIN ESTERLINE, Plaintiff 'h': " VB EDWARD P. ESTERLINE, JR. Defendant CUSTODY/PROPERTY MARRIAGE SETTLEMENT AGREEMENT lJ:)""o.(J !B, 0",." COUNeIELOfl"AT-LAW 101 NT V'IW a. ENOL.. h 17025 PHON. "11' 732.3112 " NORMA J, DUFFIN ESTERLINE, Plaintiff vs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO,1J'/d'tIVIL TERM EDWARD p, ESTERLINE, Jr" Defendant : CIVILACTION-LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fall 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 Jose money or property or other rights important to you, including custody or visitation of your children, When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is avail. able in the office of the Prothonotary at: CUMBERLAND COUNTY COURTHOUSE, Carlisle, PennsVlvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PERSONAL PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED. YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator, Third Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: 1-249-1133 . II , . . ~ ' NORMA J, DUFFIN ESTERLINE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 95- II? r CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE vs EDWARD p, ESTERLINE, JR., Defendant COMPLAINT IN OIVORCE UNDER SECTION 3301 Cd) of the DIVORCE CODE 1, THE PLAINTIFF, NORMA J. DUFFIN ESTERLINE, WHOSE ADDRESS IS 9A SOUTH SECOND ST" WORMLEYSBURG, CUMBERLAND COUNTY PENNSYLVANIA, 17043, since on or about July 1990, 2, THE DEFENDANT, EDWARD P. ESTERLINE, JR., WHOSE ADDRESS IS 4355 BACK ROAD, HALIFAX, DAUPHIN COUNTY, PENNSYLVANIA 17032, since on or about August 1985, 3, The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for more than six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff an Defendant were married on 23 July 1983 In Summerdale, East Pennsboro Township, Cumberland County, Pennsylvania, 5, The Plaintiff and Defendant have lived separate and apart since August 1990, 6, There have been no prior actions of divorce or annulment in this or any other jurisdiction between the parties, 7, The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate In counseling, 8, The marriage is Irretrievably broken, 9, The Plaintiff respectfully requests the Court to enter a decree in divorce, I verify that the statements made In this Complaint are true and correct, I understand that false statements herein are subject to the penalties of 18 Pa., C.S.. s4904, relating to u sworn falslflcaiJon to authorities. DATE: ~ IJ1.ud /99S " , .' NORMA J, DUFFIN ESTERLINE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No, 95- /1 <JI' e~ r....- vs EDWARD p, ESTERLINE, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE If you wish to deny any of the allegations set forth In this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the allegations will be admitted. 1, A Complaint in Divorce under Segtion 3301 (d) of the Divorce Code was filed on the 7ft. day of tI-\.LL < ~- , 19 'i ~ 2, The parties have lived separately and apart for since August 1990, 3, I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the Court before the entry of a final decree In divorce, the right to claim any of them will be lost. I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA., C.S.. s4904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: & r1/~A;t1. ;C;C;C; " , NORMA J, DUFFIN ESTERLINE, Plaintiff vs : IN THE COURT OF COMMON PLEAS : CUMBERLAND CQUNTY, PENNSYLVANIA : NO, 95- II 9 r (':,';:'1 'f.,...... : CIVIL ACTION. LAW : IN DIVORCE EDWARD p, ESTERLINE, JR., Defendant AFFIDAVIT I, NORMA J, DUFFIN ESTERLINE, being duly sworn according to law, deposes and says: 1, I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling, 2, I understand thllt the Court maintains a list of marriage counselors, which list Is available to me upon request. 3, Being so advised, I do not request that the Court require that my spouse and I participate in the counseling prior to a divorce decree being handed down by the Court, I understand that false statements herein are made subject to the penalties of 18 Pa., C.S.. s 4904, relating to unsworn falsification to authorities, DATE:_(P_~j2.JJ~__ ?JtJJ~n :-~~'_!Ji.L, ~RMA WDUFF~ESTERLlNE (Plaintiff) DI TIlE COUl'l'l' 0' CO~lMON PLEAD CUMBEP.LAllD COUNTY. PElltlDYLVAllIA lIo. CIVIL TERM CIVIL Af:rION!rJ LAW 6Y P.<.att; , I(.,~,S-o lo,waL/.., -,"eN -S.f..f-- 'nlJ.s"o NORl,lA J. lJUFJ'IIl lST!.RLIIIE, l'la1ntlN' H4R 7 1135 AH '95 i"" I ()f ~ ',;: , ,- CiFIi:f. CUI);'; f~'" riH)'nA~Y ',- ",f,IHI Cr.'I'~TY I ._I,t.~n\A..io. '.~' VB EDWARD p, E61'ERLIflE, JR. , DerendDnt COMPLAINT IN DIVORCE UItDElI Bectlon 3301(d) or DIvorce Code f)::,ono,(J 23, Ow.n COUNSELOR.AT'LAW 101 N' VI&W O. ENOL"',~" 11021 PHON_ 17171 7JZ.3lUI2 Cft-~'JW ':4.. .2;l'Jff) . .. I . .'. . NORMA J. DUFFIN ESTERLINE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSVL VANIA VS EDWARD P. ESTERLINE, JR DEFENDANT No. 95-1198 Civil Term 1995 CIVIL ACTION- LAW IN DIVORCE AFFIDAVIT OF SERVICE I, the undersigned, being an adult individual, hereby swear and affirm that I personally mailed a copy of the attached Certified Complaint in Divorce and Plaintiff's Affidavit, as required under Section 3301 (d) of the Divorce Code, to the Defendant, EDWARD p, ESTERLINE, JR" at 4355 Back Road, Halifax, PA" on the 8th day of March 1995 via Certified Mall, Return Receipt Requested, Addressee Only, Item # Z 402135310, and the same was signed for by the Defendant, EDWARD p, ESTERLINE, JR." on the 9th day of March 1995, as per the attached receipts. DATE: trf,5 ~:,..",,:'j:,,} -...".-, _--D~~M e(L "-BONALD B, OWEN """",".,,.w_~~,n"_<__,._^,, ..-~'_'" Z 402 135 310 ~ Receipt for .. Certified Mail No Insuranco Coverage Provided - Do not use lor International Mail .....'O~'...I\ "..,........ ISoo Roversel ___ ---- g: ~;~:' Edyard P. Esterline ~ 'ill,-..l ,,,,,j ~." !! 4 Back Road ~ PO 'ildl., ,In<1ZIP';C)(ltl . Halifax PA 1 0 2 g "o~l,tQ" $ ... . ~ c,..",.".... I. I~ ~ '.i1-":'<l70"'"",,r\:f' R,'~IJ(.\uJ Oc,:,.f"l r"" )4 ,? H"l"m RtlCl"pl ~hOW'''U /. I ~ 10 \-\hom I'. Oal!! Dt<h~~t'(l Rl!tuln R~"'lll Srm...,"'-l TO WI,om Dill", .1\(1 ,. ..., ~ 'II"~ . j",fJ . .... . '. :1": h .. ..... .., "'~J ~ .' -- -- .t::' ..... "- '::J.:' '" ~ ~ ~ I. . ._ I . .. , NORMA J, DUFFIN ESTERLINE, Plaintiff :IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 95-1198 Civil Term : CIVIL ACTION - LAW, : IN DIVORCE vs EDWARD P. ESTERLINE, JR., Defendant AFFIDAVIT OF CONSENT UNDER SECTION 3301 Cd) OF THE DIVORCE CODE 1, A COMPLAINT IN DIVORCE under Section 3301 (d) of the Divorce Code duly endorsed with the Notice to Defend and Claim Rights and Notice of Availability of Counseling and Plaintiff's Affidavit was flied on the 7th day of March 1995, and a Certified copy thereof was mailed to the Defendant via certified mall, return receipt, addressee only, Item iI Z402 135310, mailed on 8th day of March 1995 and received by the Defendant on the 9th day March of 1995. A Plaintiff's Affidavit dated the 6th day of March 1995 was mailed along with the Certified Divorce Complaint, along with Affidavit of Counseling. 2, I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate In counseling, 3, I understand that the Court maintains a list of marriage counselors, 4, Being so advised, I do not request that the Court require that my spouse and I participate in Marriage Counseling prior to the Divorce Decree being handed down by the Court, 5, The marriage between my spouse and I Is Irretrievably broken and we have been separated since on or about the July 1990, 6, I consent to the entry of a final decree In divorce, 7, I understand that If a claim for alimony, alimony pendente lite, marital property, or counsel fees or expenses has not been filed with the Court before the entry of a final decree In divorce, the right to claim any of them will be lost. I verify that the statements made In this Affidavit of Consent are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa" C.S., s4904, relating to unsworn falsification t:luthtJt~. '. _' f. . & _ /J. DATE, 1;:1'1/ i, , Nf.~~~~E~Z1~~3- (Plaintiff) . .. - . . . . vs EDWARD P. ESTERLINE, JR" Defendant :IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 95-1198 Civil Term : CIVIL ACTION - LAW, : IN DIVORCE NORMA J. DUFFIN ESTERLINE, Plaintiff AFFIDAVIT OF CONSENT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1, A COMPLAINT IN DIVORCE under Section 3301 (d) of the Divorce Code duly endorsed with the Notice to Defend and Claim Rights and Notice of Availability of Counseling and Plaintiff's Affidavit was flied on the 7th day of March 1995, and a Certified copy thereof was mailed to the Defendant via certified mail, return receipt, addressee only, Item # Z402 135310, mailed on 8th day of March 1995 and received by the Defendant on the 9th day March of 1995, A Plaintiff's Affidavit dated the 6th day of March 1995 was mailed along with the Certified Divorce Complaint, along with Affidavit of Counseling, . 2, I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate In counseling, 3, I understand that the Court maintains a list of marriage counselors, 4, Being so advised, I do not request that the Court require that my spouse and I participate In Marriage Counseling prior to the Divorce Decree being handed down by the Court, 5, The marriage between my spouse and I is Irretrievably broken and we have been separated since on or about the July 1990, 6, I consent to the entry of a final decree In divorce, 7, I understand that if a claim for alimony, alimony pendente lite, marital property, or counsel fees or expenses has not been flied with the Court before the entry of a final decree in divorce, the right to claim any of them will be lost. I verify that the statements made In this Affidavit of Consent are true and correct. I understand that false statements herein are made 8ubject to the penalties of 18 Pa., C.S., s4904, relating to unsworn falsification to authorities. I . ,,/ L - 2..'1 -.,) DATE: ~' ~ ,_,I .. ./ l ~L~~_~~- ' '~ EDWARD ~TERLINE, Jr (Defendant) t___ C ~:. w': r',.." L" (..-,') -""0' = f l( - u:> <J1 \ r }: ~ ~ ... 0 ~ r i ~ ~ '-\ ~ \., c