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MARITAL SETTLEMENT AGREEMENT
BY AND BETWEEN
RICHARD W. ROLLINGS
AND
REGINA L. ROLLINGS
Reith B. DeArmond, Esquirs
DeARMOND , DeARMOND
2800 Market street
camp Hill, PA 17011
Telephonel 717-730-9394
Counsll for
Riohard w. Rollings
patrioia A. Miles, Esquire
HOWETT, RISSINGER , MILES, P.C.
130 Walnut strset/P.O. Box 810
HarriSburg, PA 17108
Tslsphonel 717-234-2616
coun.ll for
Regina L. Rollings
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TABLE OF CONTENTS (Continuedl
HEADING
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7.
CHILD SUPPORT
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(a) Minor Support
(b) College
(c) Security
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8. COUNSEL FEES
9. WAIVER OF BENEFICIARY DESIGNATIONS
10. WAIVER OF INHERITANCE RIGHTS
11. RELEASE OF CLAIMS
12. PRESERVATION OF RECORDS
13. MODIFICATION
14. SEVERABILITY
15. BREACH
16. WAIVER OF BREACH
17. NOTICE
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18. APPLICABLE LAW
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19. AGREEMENT BINDING ON PARTIES AND HEIRS
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20. ENTIRE AGREEMENT
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21. PRIOR AGREEMENTS
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22. MUTUAL COOPERATION
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23. DATE OF EXECUTION
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24. EFFECTIVE DATE
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25. AGREEMENT NOT TO BE MERGED
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26. EFFECT OF RECONCILIATION OR
RECONCILIATION ATTEMPT
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HA~ITAL SETTLEMENT AGREEMENT
THIS AGREEHBN't is made this ,)./sf day of )11t1.J.j
1997, by and between RICHARD W. ROLLINGS of cumberl/nd county,
Pennsylvania, and REGINA L. ROLLINGS of Cumberland county,
Pennsylvania.
WITNESSETH I
WHEREAS, Richard W. Rollings (hereinafter referred to as
"Husband), social security number 192-42-3230, was born on
February 3, 1952, and currently reside~ at 5009 Muirfield Place,
Mechanicsburg, Cumberland county, Pennsylvania, 17055.
WHEREAS, Regina L. Rollings (hereinafter referred to as
"Wife"), social security number 19B-52-97BO, was born on December
9, 1958, and currently resides at 4129 Mountain View Road,
Mechanicsburg, Cumberland county, Pennsylvania, 17055.
WHEREAS, the parties hereto are husband and wife, having
been lawfully married on July 3, 1977 in Johnstown, Cambria
county, Pennsylvania, and are the parents of three (3) children:
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Date of Birth
Reannon Lee Rollings
Rochelle Lynn Rollings
Richard Ryan Rollings
August 7, 1978
August 27, 1982
october 25, 1986
WHEREAS, the parties have lived separate and apart since on
or about April 19, 1996.
WHBRBAS, the parties hereto are desirous of settling fully
and finally their respective financial and property rights and
obligations as between each other, including, without limitation,
the settling of all matters between them relating to the
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ownership of real and personal property, the support and
maintenance of one another and of their children, and in general,
the settling of any and all claims and possible claims by one
against the other or against their respective estates.
NOW, THBREFORE, in consideration of these premises, and of
the mutual promises, covenants, and undertakings hereinafter set
forth, and for other good and valuable consideration, receipt and
sufficiency of which is hereby acknowledged by each of the
parties hereto, Husband and Wife, each intending to be legally
bound hereby, covenant and agree as follows:
1. ADVICE OF COUNSEL. The provisions of this
Agreement and their legal effect have been fully explained to
Wife by her counsel, patricia A. Miles, Esquire and to Husband by
his counsel, Keith B. DeArmond, Esquire. Each party acknowledges
that he or she has had the opportunity to receive independent
legal counsel of his or her selection, and that each fully
understands the facts and his or her legal rights and
obligations, and e~ch party acknowledges and accepts that this
Agreement is, in the circumstances, fair and equitable, and that
it is being entered into freely and voluntarily, and that
execution of this Agreement is not the result of any duress or
undue influence, and that it is not the result of any improper or
illegal agreement or agreements. In addition, each party hereby
acknowledges that he or she is aware of the impact of the
Pennsylvania Divorce Code, 23 Pa.C.S.A. ~3101, Qt. seq., whereby
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the court has the right and duty to determine all marital rights
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of the parties including divorce, alimony, alimony pendente ~,
equitable distribution of all marital property or property owned
or possessed individually by the other, counsel fees and costs of
litigation and, fully knowing the same, and being fully advised
of his or her rights thereunder, each party hereto still desires
to execute this Agreement acknowledging that the terms and
conditions set forth herein are fair, just and equitable to each
of the parties and waives his and her respective right to have
the Court of Common Pleas of Cumberland County, or any other
court of competent jurisdiction, make any determination or order
affecting the respective parties' rights to alimony, alimony
pendente lltg, equitable distribution of all marital property,
counsel fees and costs of litigation, or any other right arising
from the parties' marriage.
2. DISCLOSURE OF ASSETS. Each of the parties hereto
acknowledges that he or she is aware of his or her right to
engage in discovery, including but not limited to, written
interrogatories, motions for prOduction of documents, the taking
of oral depositions, the filing of inventories, and all other
means of discovery permitted under the Pennsylvania Divorce Code
or the Pennsylvania Rules of civil Procedure and each of the
parties specifically waives his or her right to engage in such
discovery. Each of the parties further acknowledges that he or
she is aware of, and specifically waives, his or her right to
have the real and/or personal property, estate and assets,
earnings and income of the other assessed or evaluated by the
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courts of this commonwealth or any other court of competent
jurisdiction. The respective parties do hereby acknowledge,
recognize and accept that there has been full and fair disclosure
to the other of his or her income, assets and liabilities, and
each party agrees that any right to further disclosure,
valuation, enumeration or statement thereof in this Agreement is
hereby specifically waived, and the parties do not wish to make
or append hereto any further enumeration or statement. The
parties hereby acknowledge and agree that the division of the
marital assets as set forth in this Agreement is considered fair,
reasonable and equitable, and is satiSfactory to them. Each of
the parties hereto further covenants and agrees for himself and
herself and his or her heirs, executors, administrators or
assigns, that he or she will never at any time hereafter sue the
other party or his or her heirs, executors, administrators or
assigns in any action of contention, direct or indirect, and
allege therein that there was a denial of any rights to full
disclosure, or that there was any duress, undue influence, or
that there was a failure to have available full, proper and
independent representation by legal counsel.
3. PERSONAL RIGHTS. Husband and Wife may, at all
times hereafter, live separate and apart. Each shall be free
from all control, restraint, interference and authority, direct
or indirect, by the other in all respects as fully as if he or
she were unmarried. Each party may reside at such place or
places ~s he or she may ~elect and with whomever he or she may
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choose. Each may, for his or her separate use or benefit,
conduct, carryon or engage in any business, occupation,
profession or employment which to him or her may seem advisable.
This provision shall not be taken, however, to be an admission on
the part of either Husband or Wife of the lawfulness of the cause
which led to, or resulted in, the continuation of their living
apart. Husband and Wife shall not molest, harass or disturb each
other or the respective families of each other, nor compel or
attempt to compel the other to cohabit or dwell by any means or
in any manner whatsoever with him or her. Neither party will
interfere with the use, ownership, enjoyment or disposition of
any property now owned by or hereafter acquired by the other.
4. MUTUAL CONSENT DIVORC~. The parties acknowledge
that Wife initiated an action in divorce under the no-fault
provisions of the Divorce Code on May B, 1996 in the Court of
Common Pleas of Cumberland county, docketed at No. 96-254B civil
Term. The parties acknowledge that any ancillary economic issues
attendant to the dissolution of their marriage have been fully
and finally resolved by the provisions of this Agreement. The
parties also acknowledge that the ninety (90) day waiting period
provided under the no-fault section of the Divorce Code has
expired. Thus, the parties agree that contemporaneously with the
execution of this Agreement, each will execute an Affidavit of
Consent to divorce and Waiver of Notice of Intention to Request
Entry of Divorce Decree. Said affidavits and waivers shall be
transmitte~ to counsel tor Wife who promptly shall file the
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Praecipe to Transmit Record, vital statistics form and any other
documents necessary to precipitate the prompt entry of an
uncontested no-fault divorce decree.
5. EQUITABLE DISTRIBUTION.
(a) Marital Residenge. The parties acknowledge
that they are the owners of that certain house and lot and all
improvements thereupon situated at 5009 Muirfield Place,
Mechanicsburg, Cumberland county, Pennsylvania, 17055 (the
"Marital Residence"). The parties agree as follows with respect
to the Marital Residence:
(1) Contemporaneously with the execution of
this Agreement, Husband and Wife shall execute an appropriate
deed, to be prepared by Husband's counsel in a form satisfactory
to Wife, conveying to Husband all of the parties' right, title,
claim and interest in and to the Marital Residence. A copy of
said deed shall be provided to Husband for his use in refinancing
the debt on the Marital Residence but the original deed shall be
held in escrow by Wife's counsel and shall not be delivered to
Husband nor recorded until such time as Husband pays to Wife the
entire lump sum required pursuant to subparagraph 5(h) herein.
Upon Husband's payment of the lump sum to Wife, the original deed
granting the Marital Residence to Ilusband shall be delivered to
counsel for Husband along with Wife's keys to the Marital
Residence and Husband shall be entitled to record said deed and
take any action with respect to the Marital Residence he desires.
If Husband fails to pay the required lump sum within sixty (60)
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days from the date of execution of this Agreement or seeks to
avoid the lump sum obligation through bankruptcy or otherwise,
the original deed transferring the property to Husband shall be
destroyed, the Marital Residence shall immediately be placed on
the market for sale and Wife shall receive from the sale proceeds
a sum equal to the lump sum required by subparagraph 5(h) heruof
and Husband shall be solely responsible for payment of all taxes,
inclUding capital gains, realtor's fees and costs of sale.
(2) Wife agrees that as of the date of
delivery of the original deed to Husband, any and all homeowners
policies, title policies, and any other policy of insurance with
respect to the Marital Residence shall be deemed to be endorsed
to reflect Husband as sole owner thereof and she further agrees
that Husband shall be entitled to receive any payments then or
thereafter due under any such insurance policy.
(3) Within one (1) year from the date of
execution of this Agreement, Husband shall take all steps
necessary to remove Wife from any mortgage obligation associated
with the Marital Residence, even if such requires refinancing or
the sale of the property. In any event, for so long as Wife
continues to be liable on the existing mortgage, Husband shall
keep Wife, her property, and her successors, assigns, heirs,
executors and administrators indemnified and held harmless from
any cost, liability or expense, including actual attorneys fees,
incurred in connection with said mortgage. In addition,
commencing on the execution date of this Agreement, Husband shall
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be solely responsible for all costs, expenses and liabilities
associated with or attributable to the Marital Residence,
inclUding the aforementioned mortgage, any additional mortgages,
home equity loans or lines of credit, taxes, insurance premiums,
utilities, maintenance and repairs, and Husband shall keep Wife
and her successors, assigns, heirs, executors and administrators
indemnified and held harmless from any liability, cost or
expense, including actual attorneys fees, which may be incurred
in connection with such liabilities and expenses or reSUlting
from Wife's ownership interest in the Marital Residence.
(b) Contents of Marital Residence and Personal
nODertv.
(1) Except as otherwise provided herein, as
of the date of execution of this Agreement, Wife sets over,
transfers and assigns to Husband, all of her right, title, claim
and interest in and to all of the contents of the Marital
Residence including, but not necessarily limited to, all
furniture, furnishings, rugs, carpets, household appliances and
equipment, clothes, jewelry, personalty and other items of
tangible property of whatever nature currently located in the
Marital Residence. Notwithstanding the foregoing, Husband agrees
that he will deliver to Wife, within thirty (30) days of the date
of execution of this Agreement, the items set forth on Exhibit
"A", attached hereto and incorporated herein by reference, which
remain in the Marital Residence.
B
(2) As of the date of execution of this
Agreement, Husband sets over, transfers and assigns to Wife, all
of his right, title, claim and interest in and to all of the
contents of Wife's current residence inclUding, but not
necessarily limited to, all furniture, furnishings, rugs,
carpets, household appliances and equipment, clothes, jewelry,
personalty and other items of tangible property of whatever
nature currently located in wife's residence. Notwithstanding
the foregoing, Wife agrees thatn within ninety (90) days of the
date of execution of this Agreement, she will provide to Husband
a copy of the video of their daughter's high school graduation as
well as copies of photographs taken of the children since the
parties' separation, or the negatives at Wife's discretion, with
Husband to reimburse wife for. any costs associated therewith.
(c) Motor Vehicles.
(1) Husband agrees that Wife shall retain
possession of and receive as her sole and separate property the
1992 Chevrolet Lumina Van and the 1995 ford Probe used by the
parties' daughter, along with all rights under any insurance
policy thereon and with all responsibility for payment of any
outstanding indebtedness pertaining thereto and, except as
provided herein, insurance thereon, free of any right, title,
claim or interest of Husband. Notwithstanding the foregoing, the
parties agree that Husband shall be solely responsible for
providing insurance, with the ~dlllU ur lJetter coverage than
currently is provided, on the vehicle used by the parties'
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daughter until such time as she graduates from college or
earlier, at wife's sole discretion and upon ninety (90) days
written notice to Husband, of her decision to provide said
coverage.
(2) Husband agrees to execute, acknowledge
and deliver within thirty (30) days upon request by wife, any and
all instruments or documents necessary to effectuate the transfer
of vehicles pursuant to the terms of this subparagraph.
(d) Pension/Retirement Benefits. Wife and
Husband each hereby specifically releases and waives any and all
interest, claim or right that she or he may have in and to any
and all retirement benefits (inclUding, but not limited to,
pension or profit sharing benefits, deferred compensation plans,
401(k) plans, individual retirement accounts or other similar
benefits) of the other party, specifically to include a waiver by
Wife of any and all interest in Husband's Payless Profit Sharing
Plan, Payless Retirement Plan, Brown Group (Wohl Shoe company)
Pension Plan and any other benefits accrued through his
employment, and specifically to include a waiver by Husband of
any and all interest in Wife's S&A/Haubert Homes profit Sharing
Plan and any other benefits accrued through Wife's employment,
and specifically to include a waiver of either spouse's interest
in any spousal annuity benefits and/or beneficiary designations
associated with the other party's pension or retirement benefits.
The parties agree that they shall execute any documents pursuant
to the Retirement Equity Act or any similar act that may be
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required from time to time to accomplish the purpose of this
subparagraph.
(e) Cash Accounte and other Funds.
(1) The parties agree that Wife shall
receive as her sole and separate property any and all accounts in
her name alone or with any individual other than Husband.
(2) The parties agree that Husband shall
retain as his sole and separate property the parties' PNC
Certificate of Deposit (now at MidPenn Bank), as well as any and
all accounts in his name alone or with any individual other than
Wife.
(f) stock and stock Accounts.
(1) The parties agree that Wife shall retain
as her sole and separate property, free of any right, title,
claim or interest of Husband, any stock or stock accounts in her
name alone.
(2) The parties agree that Husband shall
retain as his sole and separate property, free of any right,
title, claim or interest of Wife, his Payless stock option Plan
as well as any other stock or stock accounts in his name alone.
(q) Life InBurance. Except as otherwise
specifically provided herein, Wife and Husband hereby release and
waive any and all interest, claim, or right that he or she may
have in and to any and all policies of life insurance owned by
and/or insuring the life of the other, along with all incidents
of ownership pertaining to same, including cash value, if any,
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specifically to include a waiver by Wife of any and all interest
in Husband's state farm life insurance policy and a waiver by
Husband of any interest in Wife's state Farm life insurance
policy #LF0666-8603 and also to include a specific waiver by each
of any beneficiary designation associated with the life insurance
belonging to the other party by the terms of this subparagraph.
(h) LumD sum to wite. It is the intention of the
parties that the equity in their marital property be divided
equally between them. In order to accomplish a 50/50 division of
property, Husband shall pay to Wife, within sixty (60) days of
the date of execution of this Agreement, a lump sum of Thirty
Four Thousand Eight Hundred Seventy Two Dollars and fifty Cents
($34,872.50). The parties acknowledge that this payment is in
the nature of a property distribution and thus shall not be
taxable to Wife nor deductible by Husband.
(i) children's ProDertv. The parties agree that
the assets set forth on Exhibit "B", attached hereto and
incorporated herein by reference, belong to their children and
shall not be considered part of the marital estate subject to
equitable distribution even if such remain in the Marital
Residence, and shall be given to the children upon request and
not disposed of or destroyed without the written authority of the
child who owns the property.
(j) Miscellaneous ProDertv. Any and all property
not specifically addressed herein shall be hereafter owned by the
party to whom the property is titled; and if untitled, the party
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in possession. This Agreement shall constitute a sufficient bill
of sale to evidence the transfer of any and all rights in such
property from each to the other.
(k) ProDertv to wir.. The parties agree that
Wife shall own, possess, and enjoy, free from any claim of
Husband, the property awarded to her by the terms of this
Agreement. Husband hereby quitclaims, assigns and conveys to
Wife all such property, together with any insurance policies
covering that property, and any escrow accounts relating to that
property. This Agreement shall constitute a sufficient bill of
sale to evidence the transfer of any and all rights in such
property from Husband to Wife.
(I) PrODertv to Husband. The parties agree that
Husband shall own, possess, and enjoy, free from any claim of
Wife, the property awarded to him by the terms of this Agreement.
Wife hereby quitclaims, assigns and conveys to Husband all such
property, together with any insurance policies covering that
property, and any escrow accounts relating to that property.
This Agreement shall constitute a sufficient bill of sale to
evidence the transfer of any and all rights in such property from
Wife to Husband.
(m) AssumDtion of Liabilities.
(1) Husband agrees that he shall be solely
responsible for all debt he has incurred in his name alone,
inClUding, but not limited to, obligations to issuers of credit
cards in his name. In addition, Husband agrees that he shall be
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wife ahall indemnify and hold Husband, his property, his heirs,
successors and aGsigns harmless from any liability, cost or
expense, including actual attorney's fees, associated with these
obligations.
(3) Unless otherwise provided herein, each
party hereby aesumeB the debts, encumbrances, taxes and liens on
all the property each will hold subsequent to the date of this
Agreement, and each party agrees to indemnify and hold harmless
the other party and his or her property from any claim or
liability that the other party will suffer or may be required to
pay because of such debts, encumbrances or liens.
(n) Liabilitv Not Listed. Each party represents
and warrants to the other that he or she has not incurred any
debt, obligation or other liability, other than those described
in this Agreement, on which the other party is or may be liable.
A liability not disclosed in this Agreement will be the sole
responsibility of the party who has incurred or may hereafter
incur it, and each party agrees to pay it as the same shall
become due, and to indemnify and hold the other party and his or
her property harmless from any and all such debts, obligations
and liabilities.
(0) Warranty as to Future Obliqations. Husband
and Wife shall take all steps necessary to assure that no credit
cards or similar accounts or obligations exist which provide for
joint liability. From the date of execution of this Agreement,
each party shall use only those credit cards and accounts for
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which that party is individually liable and the parties agree to
cooperate in closing any and all accounts on which joint
liability may be incurred. Husband and Wife each represents and
warrants to the other that he or sh9 will not at any time in the
future incur or contract any debt, charge or liability for which
the other, the other's legal representatives, property or estate
may be responsible. Each hereby agrees to indemnify, save and
hold the other and his or her property harmless from any
liability, loss, cost or expense whatsoever, including actual
attorney's fees, incurred in the event of breach hereof.
(p) Indemnification of Wire. If any claim,
action or proceeding is hereafter initiated seeking to hold Wife
liable for the debts or obligations assumed by Husband under this
Agreement, Husband shall, at his sole expense, defend Wife
against any such claim, action or proceeding, whether or not
well-founded, and indemnify her and her property against any
damages or loss reSUlting therefrom, inclUding, but not limited
to, costs of court and actual attorney's fees incurred by Wife in
connection therewith.
(q) ~emnification of Husband. If any claim,
action or proceeding is hereafter initiated seeking to hold
Husband liable for the debts or obligations assumed by Wife under
this Agreement, Wife shall, at her sole expense, defend Husband
against any such claim, action or proceeding, whether or not
well-founded, and indemnify him and his property against any
damages or loss reSUlting therefrom, inclUding, but not limited
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to, costs of court and actual attorney's fees incurred by Husband
in connection therewith.
6. WAIVER OF ALIMONY. The parties acknowledge that
inflation may increase or decrease, that their respective incomos
and assets may substantially increase or decrease in value, that
either may be employed or unemployed at various times in the
future, and that notwithstanding these or other economic
circumstances, the parties acknowledge that they each have
sufficient property and resources to provide for her or his
reasonable needs and that each is able to support herself or
himself without contribution from the other. Therefore, the
parties hereby expressly waive, discharge and release any and all
rights and claims which they may now or hereafter have, by reason
of the parties' marriage, to alimony, alimony pendente ~,
support or maintenance and they acknowledge that this Agreement
constitutes a final determination for all time of either party's
obligation to contribute to the support and maintenance of the
other. It shall be, from the execution date of this Agreement,
the sole responsibility of each of the respective parties to
sustain himself or herself without seeking any additional support
from the other party.
7. CHILD SUPPORT.
(a) Minor SUDDort. Child support for Rochelle
and Ricky shall be pursuant to the court order entered in the
Domestic Relations Section of the Cumberland County Court of
Common Pleas at No. 493 IllJprort 1996 (DR #25372) amI dllY
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modifications thereto. In addition, Wife shall be solely
responsible for providing medical and health insurance for
Reannon from the date of execution of this Agreement. The
spousal support portion of the current order shall terminate upon
the entry of a divorce decree and Wife's counsel shall notify the
Domestic Relations section to amend the current order
accordingly.
(h) Colleqe. The parties agree that it is their
intention that their children attend college if they so desire
and are academically able to do so. Therefore, the parties agree
that they will share equally between them the costs associated
with their children's college educations. Said costs shall
include, but not be limited to, tuition, room and board, books,
costs and fees imposed by the college or university, application
fees and reasonable transportation to and from the college or
university. Notwithstanding the foregoing, however, regardless
of the college or university attended by a child, neither party's
obligation to contribute to a child's college education costs
shall exceed fifty percent (50%) of the cost of room, board,
tuition and books at the main campus of The Pennsylvania state
University, University Park, Pennsylvania, at the time the child
is in college at any institution.
(c) security. As security for the children in
the event of either parent's death, each party shall designate
that any benefits payable upon his or her death under any life
in6uranc~ policy which is provided thrnllgh his or her employer
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shall be divided equally among all of the parties' living
children who are under age twenty-one (21) at the time of the
parent's death.
8. COUNSBL FEES. Each party shall be solely
responsible for any and all counsel fees, costs and expenses each
may incur in connection with the negotiation and execution of
this Agreement and the dissolution of their marriage. Each party
specifically waives his or her right to seek a contribution from
the other party toward his or her counsel fees, costs and
expenses.
9. WAIVER OF BENEFICIARY DESIGNATIONS. Unless
otherwise specifically set forth in this Agreement, each party
hereto specifically waives any and all beneficiary rights in and
to any asset, benefit or like program carrying a beneficiary
designation which belongs to the other party under the terms of
this Agreement, including, but not limited to, pensions and
retirement plans of any sort or nature, deferred compensation
plans, life insurance policies, annuities, stock accounts, bank
accounts, final paychecks or any other post-death distribution
scheme, and each party expressly states that it is his and her
intention to revoke by the terms of this Agreement any
beneficiary designations naming the other which are in effect as
of the date of execution of this Agreement. If and in the event
the other party continues to be named as a beneficiary and no
alternate beneficiary is otherwise designated, the beneficiary
shall be deemed to be the estate of the deceased party.
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Notwithstanding the foregoing, however, in the event that either
party hereto specifically designates the other party as a
beneficiary of any asset after the date of execution of this
Agreement, then this waiver provision shall not bar that party
from qualifying as such beneficiary.
10. WAIVER OF INHERITANCE RIGHTS. Unless otherwise
specifically provided in this Agreement, effective upon the
execution date, Husband and Wife each waives all rights of
inheritance in the estate of the other, any right to elect to
take against the Will or any trust of the other or in which the
other has an interest, and each of the parties waives any
additional rights which said party has or may have by reason of
their marriage, except the rights saved or created by the terms
of this Agreement. This waiver shall be construed generally and
shall include, but not be limited to, a waiver of all rights
provided under the laws of Pennsylvania, or any other
jurisdiction, and shall include all rights under the Pennsylvania
Divorce Code.
11. RELEASE OF CLAIMS.
(a) Husband and Wife acknowledge and agree that
the property dispositions provided for herein constitute an
equitable distribution of their assets and liabilities pursuant
to ~3502 of the Divorce Code and Husband and Wife hereby waive
any right to division of their property except as provided for in
this Agreement. furthermore, except as otherwise provided for in
this Agreement, each of the parties hereby RrAr.ifiG~lly waives,
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releases, renounces and forever abandons any claim, right, title
or interest whatsoever he or she may have in or to property
transferred to the other party pursuant to this Agreement or
identified in this Agreement as belonging to the other party, and
each party agrees never to assert any claim to said property or
proceeds in the future. However, neither party is released or
discharged from any obligation under this Agreement or any
instrument or document executed pursuant to this Agreement.
Husband and Wife shall hereafter own and enjoy independently of
any claim or right of the other, all items of personal property,
tangible or intangible, acquired by him or her from the date of
execution of this Agreement with full power in him or her to
dispose of the same fully and effectively for all purposes.
(b) Each party hereby absolutely and
unconditionally releases and forever discharges the other and the
estate of the other for all purposes from any and all rights and
obligations which either party may have or at any time hereafter
has for future support or maintenance, alimony pendente lite,
alimony, equitable distribution, counsel fees, costs, expenses
and any other right or obligation, economic or otherwise, whether
arising out of the marital relationship or otherwise, inclUding
all rights and benefits under the Pennsylvania Divorce Code of
1980, its supplements and amendments, as well as any other law of
any other jurisdiction, except and only except all rights and
obligations arising under this Agreement or for the breach of any
of its provisions.
2l
(c) Except as specifically set forth in this
Agreement, each party hereby absolutely and unconditionally
releases and forever discharges the other and his or her heirs,
executors, administrators, assigns, property and estate from any
and all rights, claim, demands or obligations arising out of or
by virtue of the marital relationship of the parties whether now
existing or hereafter arising. The above release shall be
effective regardless of whether such claims arise out of any
former or future acts, contracts, engagements or liabilities of
the other or by way of dower, curtesy, widow's or widower's
rights, family exemption or similar allowance, or under the
intestate laws or the right to take against the spouse's Will, or
the right to treat a lifetime conveyance by the other as
testamentary or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under
the laws of Pennsylvania, any state, commonwealth or territory of
the United states, or any other country.
(d) Except for the obligations of the parties
contained in this Agreement and such rights as are expressly
reserved therein, each party gives to the other by the execution
of this Agreement an absolute and unconditional release and
discharge from all causes of action, claims, rights or demand
whatsoever in law or in equity, which either party ever had or
now has against the other.
12. PRESERVATION OF RECORDS. Each party will keep and
preserve for a period of four (4) years from the date a divorce
22
decree is entered all financial records relating to the marital
estate, and each party will allow the other party access to those
records in the event of tax audit.
13. MODIFICATION. No modification, rescission, or
amendment to this Agreement shall be effective unless in writing
signed by each of the parties hereto.
14. SEVBRABILITY. If any provision of this Agreement
is held by a court of competent jurisdiction to be void, invalid
or unenforceable, the remaining provisions hereof shall
nevertheless survive and continue in full force and effect
without being impaired or invalidated in any way.
15. BREACH. If either party hereto breaches any
provision hereof, the other party shall have the right, at his or
her election, to sue for damages for such breach, or seek such
other remedies or relief as may be available to him or her. The
non-breaching party shall be entitled to recover from the
breaching party all costs, expenses and legal fees actually
incurred in the enforcement of the rights of the non-breaching
party.
16. WAIVER OF BREACH. The waiver by one party of any
breach of this Agreement by the other party will not be deemed a
waiver of any other breach or any provision of this Agreement.
17. NOTICE. Any notice to be given under this
Agreement by either party to the other shall be in writing and
may be effected by registered or certified mail, return receipt
23
requested. Notice to Wife will be sufficient if made or
addressed to the following:
Regina L. Rollings
4129 Mountain View Road
Mechanicsburg, PA 17055
and to Husband, if made or addressed to the following:
Richard W. Rollings
5009 Muirfield Place
Mechanicsburg, PA 17055
Each party may change the address for notice to him or her by
giving notice of that change in accordance with the provisions of
this paragraph.
18. APPLICABLE LAW. All acts contemplated by this
Agreement shall be construed and enforced under the laws of the
commonwealth of Pennsylvania in effect as of the date of
execution of this Agreement.
19. AGREEMENT BINDING ON PARTIES AND HEIRS. This
Agreement, except as otherwise expressly provided herein, shall
bind the parties hereto and their respective heirs, executors,
administrators, legal representatives, assigns, and successors in
any interest of the parties.
20. ENTIRE AGREEMENT. Each party acknowledges that he
or she has carefully read this Agreement, inclUding all other
documents to which it refers; that he or she has had the
opportunity to discuss its provisions with an attorney of his or
her own choice, and has executed it voluntarily; and that this
instrument expresses the entire agreement between the parties
concerninq thp. RlIbjects it purports to cover. This Agreement
24
should be interpreted fairly and simply, and not strictly for or
against either of the parties.
21. fBIOR AGREEMENTS. The parties specifically agree
that this Agreement shall supersede any and all prior agreements
between the parties.
22. MUTUAL COOPERATION. Each party shall, on demand,
execute and deliver to the other any deeds, bills of sale,
assignments, consents to change of beneficiaries of insurance
policies or other benefics or assets, tax returns, and other
documents, and shall do or cause to be done every other act or
thing that may be necessary or desirable to effectuate the
provisions and purposes of this Agreement. If either party
unreasonably fails on demand to comply with these provisions,
that party shall pay to the other party all attorney's fees,
costs, and other expenses actually incurred as a result of such
failure.
23. DATE OF EXECUTION. The "date of execution" or
"execution date" of this Agreement shall be defined as the date
upon which it is executed by the parties if they each have
executed the Agreement on the same date. Otherwise, the "date of
execution" or "execution date" of this Agreement shall be defined
as the date of execution by the party last executing this
Agreement.
24. EFFECTIVE DATE. This Agreement shall be effective
and binding upon both parties on the execution date of this
Agreement.
25
. .
25. AGREEMENT NOT TO BE MERGED. This Agreement shall
survive any divorce decree entered with respect to the parties
and may be incorporated into any final decree of divorce of the
parties for purposes of enforcement only, but otherwise shall not
be merged into said decree. The parties shall have the right to
enforce this Agreement under the Divorce Code of 1980, as
amended, and in addition, shall retain any remedies in law or in
equity under this Agreement as an independent contract. Such
remedies in law or equity specifically are not waived or
released.
26. EFFECT OF RECONCILIATION OR RECONCILIATION
ATTEKPT. This Agreement shall remain in full force and effect
and shall not be abrogated even if the parties effect a
reconciliation, cohabit as husband and wife or attempt to effect
a reconciliation. This Agreement shall continue in full force
and effect and there shall be no modification or waiver of any of
the terms hereof unless the parties in writing execute a
statement declaring this Agreement or any term of this Agreement
to be null and void.
27. HEADINGS NOT PART OF AGREEKENT. Any headings
preceding the text of the several paragraphs and subparagraphs
hereof are inserted solely for convenience of reference and shall
not constitute a part of this Agreement nor shall they affect its
meaning, construction or effect.
26
. .
1I0WE'M', I{IRHINOlm & }.fIr,ES. P.C.
&14_..-_;::.
'-------'
IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
REGINA L. ROLLINGS, )
Plaintiff )
)
v. ) NO. 96-2548 CIVIL TERM
)
RICHARD W. ROLLINGS, ) CIVIL ACTION - LAI~
Defendant ) 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) of the Divorce Code.
2.
copy of
May 16,
Date and manner of service of the complaint: certified
complaint served upon Defendant by certified mail on
1996, as per Affidavit of service filed on May 20, 1996.
3. Date of execution of the affidavit of consent required
by ~3301(c) of the Divorce Code: by plaintiff, May 8, 19971 by
defendant, May 19, 1997.
4. Related claims pending: All claims resolved by Marital
Settlement Agreement dated May 21, 1997.
Date:
~/)i ?7
vlth~~ W )MA~/.q
patricia A./Miles, Esquire
HOWETT, KISSINGER & MILES, P.C.
130 Walnut Street
P. O. Box 810
Harrisburg, PA 17108
Telephone: 717/234-2616
Counsel for Plaintiff
Regina L. Rollings
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IN 'rilE COUR'!, OF COMMON PLEAS OF CllMBElllJlND COUNTY, PENNSYLVANIA
REGINA L. ROLLINGS,
Plaintiff
v.
(i C.
NO.
,) YLlf
CIVIL
-, 'i
( {l'l C
1996
,. )Lt_t,L-
RICHARD \~. ROLLINGS,
Defendant
CIVI L AC'I'ION - LAN
IN DIVORCE
NOTICE TO DEFEND nND CLnIM RIGHTS
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree 01 divorce or annulment may be
entered against you by the court. A jUdglllent may also be entered
against you for any other claim or relicf 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.
Nhen the ground for divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counselling.
A list of marriage counsellors is available in the Office of the
Prothonotary, Cumberland County Courthouse, 1 Courthouse square,
Carlisle, Pennsylvania 17013.
IF YOU DO NOT fILE A CLAIM fOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S fEES OR EXPENSES BEfORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE 'l'HIS PAPER TO YOUR LAWtER AT ONCE. If YOU
DO NOT HAVE A LANYER OR CANNO'l' AffORD ONE, GO TO OR TELEPHONE THE
OffICE SET FORTH I3ELOI~ TO fIND OUT ImERE YOU CAN GET LEGAL HELP.
Lawyer Ileferral Service
cumberland County Courthouse
Court Administrator, 4th Floor
I Courthouse Square
Carlisle, PA 1101]
Telephone: (717) 240-(,200
llHElllCAtLS \V1'I1LDISABlLI'l'lES /lC1' OF 1990
The Court of Common Pleas of Cumberland county is required
by law to comply with the Amoricans 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 of rice. All arrangements
must be made at least 72 hours prior to any hearing or business
before the court. You must attend the scheduled conference or
hearing.
WIlEREFOHE, Plainti If Hcgin,l L. Hal linqu rcspcctfully
requests thiB Ilonol'ablc Court to cnter iI Decrce of Divorce
pursuant to ~J301(a) (6) of the Divorce Code.
COUNT UI
D.Q11J.1'1IllLE DlliT.BJ (JUnON OF ~jl\!UTlIJ. PROPE.IIT.'l
I'URfllJlIN'l' TO !i J 502 OF TllunvoRcE COPE
14. The prior parilgraphs of this complaint are
incorporated herein by reference thereto.
15. During the lIIarriaqe of the parties, they acquired
real and penwnoll PI'opol.ty which constit.ut.l' moldtal property
under the Divorco Code.
16. Thin 1I0nur.II)le Court is illlthodzed by the Divorce
Code to equitably divide, distribute or ilBsiqn the marital
property between the parties without rcqard to marital misconduct
in such proportion as the Court deems just after consideration of
all relevant factors.
IVllEREFORE, Plaintiff Herjina L. Holl ings respectfully
requests this Ilonorable Court to enter an order of equitable
distribution of marital property pursuant to ~J502 of the Divorce
Code.
~lHlItL_ I V
SPOUSAL SUPPOHT OH ALIMQ1!LJ~);t!!~J;Jl'!'LJ,l'J'E lIND ALIMONV
E.\lliSUAN'l' 'L<LJi!i :n!1J _N!lLEoLQI'-'l'1JJ,-_!ll VORCE CODE
17. The priol' pill"ilrjl'ilplw at thin complilint are
incorporated here i n by l"P tpl-once then'to.
lB. I'lilintill docn nut hilve the Iillilllclill resources to
sustain herself and pursue thiH divorce ilction.
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IIOWRTT. I{IRRINoElt & MILES. P.C.
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IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
REGINA L. ROLLINGS )
Plaintiff )
)
v. ) NO. 96-254B CIVIL TERM
)
RICHARD W. ROLLINGS ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
PLAINTIFF'S APFIDAVIT OF CONSENT
AND WAIVER OF COUNSELING
1. A complaint in divorce under ~3301(c) of the
Divorce Code was filed on May B, 1996.
2. The marriage of Plaintiff and Defendant is
irretrievably broken, and ninety days have elapsed from the date
of filing and service of the complaint.
3. I consent to the entry of a final decree 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. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. ~4904, relating to
unsworn falsification to authorities.
Date: s/sA7
~1~~.V{b
REG A L. ROLLINGS, Plaintiff
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HOWRTT. ItlBSINOER & MU.EB, P.C.
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IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGINA L. ROLLINGS )
Plaintiff )
)
v. ) NO. 96-2548 CIVIL TERM
)
RICHARD W. ROLLINGS ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREB UNDER
~3301(cl OF THE DIVORCE CODE
1. I consent to the entry of a final decree of
divorce without notice.
2. I understand that I may lose rights concerning
alimony, division of property, lawyer's fees or expenses if I do
not claim them before a divorce is granted.
3. I understand that I will not be divorced until a
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divorce decree is entered by the Court and that a copy of the
decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. ~4904 relating to
unsworn falsification to authorities.
Date: .5~/91
~~'. J llf. ~A.~
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGINA L. ROLLINGS )
Plaintiff )
)
v. ) NO. 96-2548 CIVIL TERM
)
RICHARD W. ROLLINGS ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
WAIVER OF NOTICB OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
~33011cl OF THE DIVORCE CODE
1. I consent to the entry of a final decree of
. j
divorce without notice.
2. I understand that I may lose rights concerning
alimony, division of property, lawyer's fees or expenses if I do
not claim them before a divorce is granted.
3. I understand that I will not be divorced until a
divorce decree is entered by the Court and that a copy of the
decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. ~4904 relating to
unsworn falsification to authorities.
Date:
S/;'j/t/1
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HowE'l"l'. !{IHBINOER & MU.ES. P.C.
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IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
v.
)
)
)
) NO. 96-254B CIVIL TERM
)
) CIVIL ACTION - LAW
) IN DIVORCE
REGINA L. ROLLINGS,
Pla intif f
RICHARD W. ROLLINGS,
Defendant
PRAECIPE WITHDRAWING ANCILLARY CLAIMS
TO THE PROTHONOTARY:
Please withdraw all ancillary claims filed by the Plaintiff,
Regina L. Rollings, in her Complaint in Divorce docketed to the
above term and number inasmuch as the parties have reached an
agreement resolving all issues.
Respectfully submitted,
Date:
s- j,} !J. /1 7
/ /
~II (~)/)'lI--t~
pa~a A.~iles, Esquire
HOWETT, KISSINGER & MILES, P.C.
130 Walnut Street
P. O. Box B10
Harrisburg, PA 1710B
Telephone: (717) 234-2616
Counsel for Plaintiff
Regina L. Rollings
IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
REGINA L. ROLLINGS, )
Plaintiff )
)
v. ) NO. 96-2548 CIVIL TERM
)
RICHARD W. ROLLINGS, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
Patricia A. Miles, being duly sworn according to law, deposes
and says that she is an attorney at law duly authorized to practice
in the County of Cumberland, Commonwealth of Pennsylvania, and that
on the 14th day of May, 1996, she sent the original of the attached
letter, with which was enclosed a certified, time-stamped copy of
the complaint in Divorce in the above-captioned matter, properly
endorsed, to the Defendant, Richard W. Rollings, by certified mail,
postage prepaid, return receipt requested, restricted del i very,
pursuant to Pa.R.C.P. 1930.4, to 5009 Muirfield Place,
Mechanicsburg, Pennsylvania, 17055, the Defendant's last known
address, and that the return receipt card which was signed by
Richard W. Rollings, marked as having been delivered to him on
May 16, 1996, is attached hereto and made a part hereof.
1/ %)"1.
rfH;r/tl A,' IU.0
patricia A./ i es, Esquire
HOWETT, KISSINGER & MILES, P.C.
130 Walnut Street
P. O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Attorney I.D. #48203
SWORN TO AND SUBSCRIBED
before me this ~
day tf _ nlC\Lf ' 1996.
~}Q IR. Y)'I~
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