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HomeMy WebLinkAbout07-0461COREY R. GROFF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. _7? L JESSICA L. GROFF, CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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 ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 COREY R. GROFF, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. L 6 JESSICA L. GROFF, CIVIL ACTION -LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff is Corey R. Groff, an adult individual currently residing at 1946 B Fry Loop Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant is Jessica L. Groff, an adult individual residing at 426 Independence Court, Mechanicsburg, Cumberland County, Pennsylvania. 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 5, 2000, in Lancaster County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. This action is not collusive. 7. Plaintiff and Defendant separated on or about December 26, 2006. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c) - The marriage of the parties is irretrievably broken. B. Section 3301(d) - The marriage of the parties is irretrievably broken. The parties separated on or about December 26, 2006. C. Section 3301(a)(6) - The Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render his condition intolerable and his life burdensome. 9. Plaintiff has been advised of the availability of marriage counseling and understands that he may request that his spouse and he participate in counseling. 10. Plaintiff does not request that the Court require that his spouse and he participate in counseling prior to a divorce decree being handed down by this Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a final decree in divorce. COUNTI EQUITABLE DISTRIBUTION 11. Paragraphs one through ten are incorporated herein by reference. 12. During their marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Sections 3501 et.seg. of the Divorce Code of 1980. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all marital property, both real and personal, owned by the parties. Date: Respectfully submitted, THE LAW OFFICES OF SILLIKER & R NHOLD Kristin R. einhold; iquir 5922 L' lestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Corey R. Groff AFFIDAVIT I, re_ , hereby certify that the aforegoing is 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. 4909 relating to unworn falsifications to authorities. Dated: w ICJ c ? p ?a Dp.. P- r., r' r `} N r N l.7 0 'T7 --n :T I'D rtt .C COREY R. GROFF, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-461 CIVIL TERM JESSICA L. GROFF, CIVIL ACTION -LAW Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, Melissa P. Greevy, Esquire, attorney for Jessica L. Groff, Defendant, hereby certify that I accept service on her behalf of a Complaint in Divorce in the above- captioned matter on or about cZ , 2007, by first-class mail, postage prepaid. I hereby certify that the aforegoing is 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. Date: Z Z ob -7 Melissa P. Greevy, Esquire COREY R. GROFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JESSICA L. GROFF, NO. 07-461 CIVIL ACTION - LAW Defendant 4--r-7I41-OAI TO CONFIRM CUSTODY UPON CONSENT PURSUANT TO Pa. R.C.P. 1920.15(b) c3 AND NOW, this l day of 2007, Petitioner, Jessica L. Groff, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, files this Petition to Confirm Custody Upon Consent of the Parties, pursuant to Pa. R.C.P. 1920.15(b) and in support of her petitions avers as follows: 1. The Defendant and Mother is Jessica L. Groff resides at 426 Independence Court, Mechanicsburg, Pennsylvania . 2. The Plaintiff and Father is Corey R. Groff and resides at 1946 B Fry Loop Drive, Carlisle, Pennsylvania . 3. Plaintiff is represented by Kristin Reinhold, Esquire. 3. The parties separated on December 26, 2006. 4. The parties are the parents of Hannah R. Groff born March 25, 2001 and Ashley M. Groff born February 27, 1999. 5. Since the parties separation, the children have resided primarily in the care of the Defendant and have had regular periods of partial custody with the Plaintiff. 6. Prior to the separation the children were in the physical custody of both parents. 7. With assistance of their respective counsel, the parties entered into a Stipulation for the Entry of a Custody Order, in which Paragraph 6 provides that the Stipulation be made into an Order of Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order of Court based on the Stipulation attached hereto. Date: 02 00 JOHNSO , FFIE, STEWART & WEIDNER Melissa Peel Greevy Attorney I.D. No. 77950 301 Market Street Post Office Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney for Plaintiff :303392 w c t"? C. ?l OT) I i. a Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I. D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant COREY R. GROFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 07-461 V. CIVIL ACTION - LAW JESSICA L. GROFF, Defendant STIPULATION FOR THE ENTRY OF A CUSTODY ORDER The parties, Jessica L. Groff (hereinafter "Mother"), by and through her counsel, Melissa Peel Greevy, of Johnson Duffle Stewart & Weidner, and Corey R. Groff (hereinafter "Father') by and through his counsel, Kristin Reinhold, of Silliker & Reinhold, with the intent of being legally bound, each stipulate and agree to the following parenting plan: 1. Legal Custody. The parties, Corey R. Groff and Jessica L. Groff, shall have shared legal custody of the minor children, Ashley M. Groff born February 27, 1999 and Hannah R. Groff born March 25, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions NO. 07-461 affecting the children's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights to partial custody, which shall be arranged as follows: A. Commencing June 29, 2007, on alternating weekends from Friday after school until Sunday at 7:00 p.m. B. Each Thursday from 4:00 p.m. until 8:00 p.m. C. And at such other times as the parties agree. 3. Holidays. The attached holiday schedule shall supercede the regular schedule and the vacation schedule. 4. Vacation. Each party shall have one (1) uninterrupted week each summer to coincide with the vacationing parent's ordinary custodial weekend. The parties shall give each other notice by May V t of each year, of which weeks they select. A week is defined as seven (7) days commencing Friday at 6:30 p.m. until the following Friday at 6:30 p.m. The parties shall always select a week which includes their regularly-scheduled custodial weekend. The parties shall not select the first week after the end of the school year, nor the first week before the beginning of the next school year. 5. The parties may vary the schedule set forth in this Stipulation by their mutual agreement. However, in the absence of their mutual agreement, the terms of this Order shall control. NO. 07-461 6. The parties agree and intend that this Stipulation be made into an Order of Court. 7. Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. 297595 Groff v. Groff No. 07-461 HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day From 6pm Easter Saturday until 2pm Father Mother Easter Sunday Easter Day From 2pm Easter Sunday until 8pm Mother Father Easter Monday Memorial Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Thanksgiving 1St Half From after school the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2"d Half From 3pm on Thanksgiving Day to Father Mother 3pm the day after Thanksgiving Day Christmas 1St Half From 9am on 12/24 to 3pm on 12/25 Father Mother Christmas 2"d Half From 3pm on 12/25 to 8pm on 12/26 Mother Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday 297599 COREY R. GROFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 07-461 JESSICA L. GROFF, CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE AND NOW, this 0&k/day of August, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing Stipulation for the Entry of a Custody Order and Petition to Confirm Custody upon Consent Pursuant to Pa R.C.P. 1920.15(b), upon the Plaintiff by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Kristin R. Reinhold Silliker & Reinhold 5922 Linglestown Road Harrisburg, PA 17112 JOHNSON, DUFFIE, STEWART & WEIDNER Peel Greevy :304294 ? {? ? ?..T 4..? •??.d ? "'?"? ....,f ?., xT ?_? fj .. ?S ? f...... ? - - ?? -... -r f'i"i '?"? ?5.. •..r (?? ? ' ? i'"?t w ^. ? " 2 0 .2007, yid COREY R. GROFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 07-461 V. CIVIL ACTION - LAW JESSICA L. GROFF, Defendant ORDER OF COURT AND NOW, this 16 day of August, 2007, upon agreement of the parties, the attached Custody Stipulation is hereby incorporated as an Order of Court. Dist: v#elissa Peel Greevy, Esquire, PO Box 109, Lemoyne, PA 17043 yKristin R. Reinhold, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 J BY THE COURT: ? 'J F? a ,`? ? ,?, ? '' ? 2 -?`?? ? ??a,.?-??..?..,as?, ?,;'.. COREY R. GROFF, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-461 JESSICA L. GROFF; CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 22, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsifications to authorities. nil Date: !ssica L. Wff M n t-.3 11F ` C : C+J COREY R. GROFF, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-461 JESSICA L. GROFF, : CIVIL ACTION -LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in 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. Section 4904 relating to unsworn falsification to authorities. Date: o11 LDe 7 41 J sica L. Gidff ?- ? ? C3 -ri ?. ?.?: 7a a -c;, +?'" ? -ta?:? ?_? - - ° y ,? , , ? - _; -; ? ? ,? ? COREY R. GROFF, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-461 JESSICA L. GROFF, CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 22, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since 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. § 4904, relating to unsworn falsifications to authorities. Date: La 1© C-'e'41 Corey R. C6off { t°_ s rr CD COREY R. GROFF, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-461 JESSICA L. GROFF, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in 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 convect. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: S - l 0 Corey R. C' Cry ?C==? L, ?? ' " ^?# ??? "?c?? ?:? r ..?; ..?.' C:a MARRIAGE SETTLEMENT AGREEMENT By and between COREY R. GROFF - AND - JESSICA L. GROFF Dated: jldLc:?2? , 2007 INDEX PAGE 1. Divorce and Separation ................................................................ 4 2. Division of Property ..................................................................... 4 3. Income Tax Prior Returns ............................................................ 6 4. Execution of Additional Documents ........................................... 6 5. Transfers Subject to Liens ........................................................... 6 6. Complete Listing of Property ...................................................... 7 7. Equitable Distribution of Property .............................................. 7 8. Relinquishment of Ownership ..................................................... 7 9. After-Acquired Property .............................................................. 8 10. Debts ............................................................................................. 8 11. Bankruptcy ................................................................................... 9 12. Health Insurance ........................................................................... 10 13. Alimony ........................................................................................ 10 14. Full Disclosure ............................................................................. 10 15. Releases ........................................................................................ 11 16. Waiver of Beneficiary Designation ............................................. 11 17. Indemnification ............................................................................ 11 18. General Provisions ....................................................................... 12 19. Fair and Equitable Contents ......................................................... 13 20. Breach ........................................................................................... 13 21. Independent Separate Covenants ................................................. 13 22. Void Clauses ................................................................................ 13 23. Execution of Documents .............................................................. 14 24. Applicable Law ............................................................................ 14 25. Non-Merger .................................................................................. 14 26. Disclosure and Waiver of Procedural Rights .............................. 14 27. Tax Advice ................................................................................... 16 28. Legal Fees .................................................................................... 16 29. Representation of Parties ............................................................. 16 Signature Page .............................................................................. 16 Acknowledgement Page ............................................................... 17 2 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this v27 day of 19 1/1.4 1 f , 2007, by and between Corey R. Groff -AND- Jessica L. Groff, at Harrisburg, Pennsylva WHEREAS, the parties hereto are husband and wife, having been married on April 5, 1999, at Lancaster County, Pennsylvania. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. The parties separated on December 26, 2006. NOW, THEREFORE, in consideration of the aforegoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows : 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. 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 provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the cause leading to their living apart. A reconciliation will not void the provisions of this Agreement. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property: A. The following shall become the sole and exclusive property of Husband: 1. Husband shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 401K plans and/or any and all other employment benefits, which he has accumulated during the course of his past or present employment. Specifically, Husband shall retain his defined benefit/contribution plan with East Pennsboro Area School District. 2. Husband shall retain possession and ownership of the 2006 Honda Civic which is currently titled in both parties' names. The 4 parties agree that Husband shall be solely responsible for the automobile loan with Honda Finance Corporation which is in both parties' names. The parties further agree that Husband shall refinance the automobile loan in solely his name within 90 days of the date of the execution of this Agreement. B. The following shall become the sole and exclusive property of Wife: 1. Wife shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 401K plans and/or any and all other employment benefits, which she has accumulated during the course of her past or present employment. 2. Wife shall retain possession and ownership of the 2007 Mazda 3 which is currently titled in both parties' names. The parties agree that Wife shall be solely responsible for the automobile loan with Americhoice Credit Union which is in both parties' names. The parties further agree that Wife shall refinance the automobile loan in solely her name within 90 days of the date of the execution of this Agreement. C. All personal property in the possession of each party as of the date of execution of this Agreement shall remain the sole and separate property of each parry respectively. D. The parties acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and other sources of income and 5 based thereon they mutually agree that the property listed above constitutes the entire marital property. 3. Income Tax Prior Returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. In the event that any additional taxes, penalties or interest are assessed as a result of a mathematical error or some other reason not related to a party's under-reporting of income or claiming any improper deduction, such additional liability shall be divided equally between the parties. 4. Execution of Additional Documents. The parties agree to each sign Affidavits of Consent and Waivers of Notice contemporaneously with the execution of this Agreement. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 5. Transfers Subiect to Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to 6 indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 6. Complete Listing of Property. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 7. Equitable Distribution of Property. By this Agreement, the parties have intended to effect an equitable distribution of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers of property herein as non-taxable. s. Relinquishment of Ownership. Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 9. After-Acquired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they 7 real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 10. Debts. A. Husband and Wife agree to be responsible for the joint debts of the parties as follows: The parties acknowledge that during the pendency of the marriage, each parry incurred credit card debt in his or her respective name. The parties agree that Husband shall be solely responsible for the balances of the credit card debts which are held in his name alone in the approximate amount of $10,000 as of the date of separation. Wife shall be solely responsible for the balances of the credit card debts which are held in her name alone in the approximate amount of $3,500 as of the date of separation. B. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said parry, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 11. Bankruutcy or Reorganization Proceedings. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. The payments called for in this Agreement are not intended to be a debt which is affected by a discharge in bankruptcy and the terms of this Agreement are not subject to discharge in bankruptcy because the parties acknowledged that such are necessary for the parties to meet their financial obligations and to support and maintain their standard of living as well as that of the parties' children. The parties acknowledge that there are not bankruptcy proceedings presently pending and they agree not to file a bankruptcy action prior to the completion of their respective obligations pursuant to this Agreement. Furthermore, any debt addressed in this Agreement shall not be discharged in a bankruptcy action filed by or on behalf of one of the parties hereto. Also, if either party files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations in the nature of maintenance and support are not dischargeable under current bankruptcy law or under any amendment thereto. Further, if either party institutes any action in bankruptcy or any other bankruptcy proceeding is 9 instituted in which a party's right to have payments made by the other becomes a matter for judicial review, the parties agree to consent to any motion filed by the other with the bankruptcy courts, wherein the party may request that the bankruptcy courts abstain from deciding the dischargeability of said obligation and any other obligations to said party thereunder in order to allow the appropriate Court of Common Pleas to rule upon this issue. 12. Health Insurance. The parties mutually agree that Husband shall maintain Wife on his health insurance through his employment at East Pennsboro Area School District until a Divorce Decree is issued by a Court of Law. 13. Alimony. The parties mutually agree to forego or waive any right to alimony, alimony pendente lite, and spousal support. 14. Full Disclosure. The respective parties do hereby warrant, represent and declare that he and she have made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest and any further enumeration or statement thereof in this Agreement is specifically waived. Each party agrees that he or she shall not at any future time raise such a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. 15. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in 10 and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement or as otherwise stated in this Agreement. 16. Waiver of Beneficiary Designation. Unless otherwise specifically set forth in this Agreement, each parry hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse 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 pay checks or any other post-death distribution scheme, and each parry 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 beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased parry. 17. Indemnification. Each parry represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such 11 parry, such parry will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other parry in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of the warranties made by Husband or Wife to the other in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such parry hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 18. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 19. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully 12 informed as to his or her legal rights and obligations. Each parry acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 20. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other parry shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting parry shall pay the reasonable legal fees for any services rendered by the non-defaulting parry's attorney in any action or proceeding to compel performance hereunder. 21. Independent Separate Covenants. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 22. Void Clauses. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 13 23. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 24. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25. Non-Merger. This Agreement shall not merge with any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. This Agreement shall be incorporated for the purposes of enforcement only into any Decree in Divorce which may be entered with respect to the parties, but shall not be deemed to have been merged with such Decree. 26. Disclosure and Waiver of Procedural Rights. Each parry understands that he or she has the right to obtain from the other party a complete Inventory or list of all property that either or both parties own at this time or owned as of the date of separation, and that each parry has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either 14 f 4 % • party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights : a. The right to obtain an Inventory and Appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Income and Expense Statement of the other parry as provided by the Pennsylvania Divorce Code. C. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital, and to set aside to a party that property which the Court determines to be that party's non- marital property. f. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendemte lite, equitable distribution, custody, visitation, and counsel fees, costs and expenses. 27. Tax Advice. Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this 15 Agreement. Further, neither party has been given any tax advice by their respective attorneys. Further, both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor, with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 28. Legal Fees. Husband and Wife hereby agree to be solely responsible for his or her respective legal fees, costs, and expenses. 29. Representation of Parties. The parties have mutually worked out the terms of this Marriage Settlement Agreement. Husband has been represented by Kristin R. Reinhold, Esquire. Wife has been represented by Melissa P. Greevy, Esquire. IN WITNESS WHEREOF, the parties hereto have set their hands and seals ay d year first above written. ?--?1 ssica L. Gr CA Corey tuff 16 . . COMMONWEALTH OF PENNSYLVANIA (M8ftc,rtNT) SS: COUNTY O me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement Agreement. f On this A 5 day of , 2007, before me Subscriber, a --- Atw&aaf' Notary Public, for the Commonwealt of Pennsylvania, came Jessica L. Groff, known to I A ADD, J ssica L.- ff o Witness my hand and Notarial seal, the day and year aforesaid. ?f? e - 4r Corey R. off Witness my hand and Notarial seal, the day and year aforesaid. !1 Notary Public 1MW My Commission Expires: COMMONWEALTH OF PENNSYl.vfAi r NOTARIAL SEAL GAIL J. MAHONEY, Notary Public Lemoyne Boro., Cumberland County My Commission Expires Feb.19.2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Notary blic My Commission Expires: SS: On thig,2r7 day of <%4 2007, before me Subscriber, a Notary Public, for the Commonwealth of ennsylvania, came Corey R. Groff, known to me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement Agreement. 17 rv rri { C SCI 'a w COREY R. GROFF, Plaintiff V. JESSICA L. GROFF, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-461 CIVIL ACTION -LAW 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 Section (x) 3301 (c) O 3301 (d) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: February 2, 2007, by first-class mail, postage prepaid. 3. Complete either (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: August 27, 2007 by Plaintiff, August 21, 2007 by Defendant. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: The Marriage Settlement Agreement between the parties shall be incorporated, but shall not merge with the final Decree in Divorce. A. . . "¦? 5. Complete either (a) or (b). (a) Date and manner of service of Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: August 31, 2007. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: August 31, 2007. 6. Social Security Numbers: (a) Plaintiff. 202-64-3820 (b) Defendant: 205-6 tf3 ?. .?i ? _?.! ?? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. COREY R. GROFF. Plaintiff No. o7-46 VERSUS JESSICA L. GROFF, Defendant DECREE IN DIVORCE AND NOW, J 9,4- ?` z©07 , IT IS ORDERED AND DECREED THAT Corey R. Groff , PLAINTIFF, AND Jessica L. Groff , 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; The Marriage Settlement Aareement between the parties shall be incorporated, but shall not merge with the final Decree in Divor A BY THE COURT: ?o Ll