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Home My WebLink About00-08544 " , , , , , , + , , , , , , , . , . . , . , , . . . . , , . . , , , , , , , , , , , , , , , . , . , , , . . , , . , , , , , + + . + . . . . . , , , , iL -". . -,'''-.: ,. ;f. "':fo:!+i!+i!+i ;f.!+i!+i!+!:+'!+i !+i!+! !+i!+! !+i!+i!+!!+i!+i!+!!+! !+i!+i!+i!+i!+!!+i!+!!+! !+i!+i!+!!+i!+!!+i!+i!+!!+i!+i "'''''''!+iT''''''''''''''''''!+! . , , . , , , , , . . . . , , , , . . . . + + , + IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. SUZANNE K. ROGERS, Plaintiff 2000 - 8544 No, VERSUS SIMON J. ROGERS, Defendant DECREE IN DIVORCE , . , , , , . , , , . . . . . . . . , . + . , , . , . . . . . . + + , . . . . . . . + + + , , , . . . . , . . . . . . . . . . + . + , . . . . . !+!!+i!+!!+i!+i!+!!+!!+i!+i!+!!+!!+i!+!!+i!+!!+!!+!!+!!+i!+i!+!!+!!+i!+! AND NOW, ~~ , IT IS ORDERED AND 2005 DECREED THAT SUZANNE K. ROGERS , PLAI NTI FF, AND SIMON J. ROGERS , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CL.AIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved pursuant to the Marital Settlement Agreement &eached by the parties dated March 31, 2003 and incorporated, but not merged, into the Decree. By THE COURT: ATTEST: "'!+iT "'!+iT!+! !+iT"''''!+! !+!!+i!+!!+!!+! !+! ~ ~ , '~: . . . . . . J. . ,~ . ~ ~ J,,~...,.~", ,_"...,,~~,. /~ ~ /?:::' 5, 9 -M'" s.? as- ,,~~~~- ~ ,~'. - "- {, .:,' . .. -",,'io" __ M-~~ -d' ~~~tL-~ ~~k-'1f~7 -. """""""""~~~ l!!llPR_~,*~~!Jjr~'i'~'''''~''''';'-.7-''''''''C'-<;'''1''1 ~"""""!" ,~ I"", ,",", !111! .~ , ~-- " _,~ _" ,,,,_ '0 ,~ ""j-.- ,,-,~;, ~--, ; ----,__' -';C .. Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SUZANNE K. ROGERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO: 2000-8544 CIVIL SIMON 1. ROGERS, Defendant 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 ~3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail, Restricted Delivery. Service accepted December 13, 2000. 3. Date of e:s:ecution of the Affidavit of Consent required by ~ 3301( c) of the Divorce Code: by Plaintiff: April 7, 2005; by Defendant: April 11, 2005. 4. Related claims pending: All matters have been resolved pursuant to the Marital SettIemeut Agreement reached by the parties dated March 31, 2003 and incorporated, but not merged, into the Decree. See paragraph 26, page 17 of the Agreement. 5. Date Plaintiff's Waiver of Notice in ~3301(c) Divorce w April 20, 2005. Date Defendant's Waiver of Notice in 1( Prothonotary: April 20, 2005. filed with Prothonotary: Divorce was filed with Dated: April 28, 2005 Bar15ara umple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ill #32317 Attorney for Plaintity , - '. <:_;!,:'-,", ~ " ' 'l_"",~' I."..'. . - <_,'~_ \_;'-",:_,r_"" " , - . - .'-~""<:'" '-' : . "" '''-',". \.-'-,- '-.'. 0'.. i-j i ~ .. Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SUZANNE K. ROGERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 2000-8544-CIVIL SIMON J. ROGERS, Defendant CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certity that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, a Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff DATED: April 28, 2005 () s.:; gz~) zc ~:;?d':: iZ ):;0 c.: z ::? ~ ~~ "-' ,> ~~1 ~ ... "', = = OJ> ::r: J> -<: I N o -n ~ nl:D r- -om i:'59 --10 X'Ti 0:11 zg;; o :;;! TJ << -0 ~ .::- \D ~~ ~ -- <" .., _ ._ _c' .' .," ,~":j,._~', - - ,~" < SUZANNE K, ROGERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 00 - 8544 CIVIL SIMON J. ROGERS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ~ 41 ;1.7 day of, ~. 2005, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated March 31, 2003, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, J, cc: ~rbara Sumple-Sullivan Attorney for Plaintiff ~anne B. Costopoulos Attorney for Defendant > . , " .'~,. , . ~WlIl!l_.T7 .'_? -I ' -':'_-~ < -- ~CE OF 11-1!;,PR01l-1ONOTAHY 2005 APR 21 AM 1\: \4 CUMBtRlJ\NJ COUNTY PENNSYLVAl'~lA " C.'~~'-;~-"tl~>P,,.'~!_'_'::'UY~,'f"~"~-,t'_"i":'o"'-,,!,"-Jec ?fJ~'.",'f!I!f~~~""~ '-- [lll__ ,,' - ,.,~:mW.1!IfiI -<" __I <;'_:"1'~'" ~. .. "J ; < I : '. ~, ,--~, ,"'~ , ',,_ "" " ",. , ~ ''''"'~, ,od,,:i': SUZANNE K. ROGERS, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2000-8544 CIVIL SIMON J. ROGERS, Defendant : CIVIL ACTION-AT LAW : DNORCE MARITAL SETTLEMENT AGREEMENT ',,' , THIS AGRE~NT is made Ibises r* day of jThll(/~ ,2003, by and between SIMON J. ROGERS, born July 13, 1966, and SUZANNE ~ ROGERS, born February IS, 1968: WIl'NESSETH: WHEREAS, SIMON J. ROGERS (hereinafter referred to as "Husband") and SUZANNE K. ROGERS (hereinafter referred to as "Wife") are Husband and Wife, having been lawfully married on September 4, 1993 in Carlisle, Cumberland County, Pennsylvania. WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property tights and obligatious as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or ~"llinst their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the 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 oflbis Agreement and their legal effect have' been fully explained to the parties by their respective counsel, Jeanne B. Costopoulos, Esquire, for Husband, and Barbara Sumple-Sullivan, Esquire, for Wife. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully nnderstands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in th~ ~~tances, fair and equitable, and that is being entered into Initials: er having received such advice and with such knQ:o/ledge, and IJni~S: <t9J.;(L ~ ~ "",,~~,; $ that the 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 hereto acknowledges that he or she has been fully advised by his or her respective attomeyofthe impact of the Pennsylvania Divorce Code, wherehy the court has the right and dnty to determine all marital rights of the parties including divorce, alimony, alimony nendente ~ equitahle distrIbution of all marital property or prQperty owned or possessed individually by the other, counsel fees and costs of litigation and, fully knQwing the same and being fully advised ofhis or her rights thereunder, each PartY hereto still desires to execute this Agreement, acknowledging tha~ the tenns and cQnditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court Qf Common Pleas of Cumberland County, or any other CQurt of competent jurisdiction, make any detemrination or order affecting the respective parties' rights to alimony, alimony uendente ~ support and maintenance, equitable distnbution, counsel fees and costsaf litigation~ 2. DISCLOSURE OF ASSETS, Each of the parties hereto acknQwledges that he or she is aware Qfhis or her right to seek discovery, including bnt not limited to, written interrogatories, motions for production of documents, the taking of oral depQsitions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each Qf the parties further acknowledges that he or she has discussed with counsel the CQncept Qf marital property under Pennsylvania law and each is aware of 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 CQUIts of this Commonwealth or any Qther comt of competent .~.c. jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective inCQme, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right tQ further disclosure, valnation,~ enumeration or statement hereQf in this Agreement is hereby speci:fically':v.v~.i*ed, and the parties do not wish to make or append hereto any Initials: s:rR.. 2 '~~ tAt V Initials: Vii ..,_"if;-",,' jJ .." -, :"'-~~~i~~', ,~ ( further elmmerarion or statement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fuir, reasonable and equitable, and is satisfuctOIY to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administraIors or assigns in any action of Ii 1:1 I' 1;:1 contention, !firecr or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a 'j fuilure to have available full, proper and independent representation by legal counseL ':1 " ,'1 '-I 3. PERSONAL RIGHTS. Husb,and and Wife may, at all times hereafter, live separate and I.: !'J apart. Each shall be free from all control, restraint, interference and authority, direct or ( . I"~ indirect, by the other. Each may reside at such place or places as he or she may select. !i Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. d :-, 'il I Husband and Wife shall not molest, harass, disturb or malign 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 ',j ~i " hereinafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. The parties acknowledge that on December II, i J '; 2000, Wife initiated a divorce action under the no-fuult provisious of the Divorce Code in the Cumberland County Court of Common Pleas docketed at No. 2000-8544. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillllty economic issues related to their divorce and thus this or any other divorce action with respect to these parties shall be limited to a claim for divorce ouly. The .'''':'\ parties agree that neither shall submit the necessary paperwork to finalize the divorce , until March I, 2005. Simultaneously with the execntion of this Agreement, each party shall sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce -Decree, dated March 1,2005, andshaII deliver same to counsel Initials: .&J'~ for Wife, who shall'Iwldcthem until March I, 2005 at which time she shall promptly . .":ir;<;~" 3 I/), ~V Initials: VIiV\ ~ """ . , .J "'''''''''""-,,,;[;'l'l i " ! "'i submit said affidavits and waivers to the court along with a Praecipe to Transmit Record, Vital Statistics Form and any and all other documents necessary to precipitate the prompt eutry of a divorce decree. Therefore, the parties agree that under uo circumstance shall a Decree in Divorce he sought hy either party prior to March 1,2005. However, both parties agree to fully cooperate to expeditiously obtain a Decree in Divorce a! the expiration of March 1,2005. 5. EQUITABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge that they own a home and property located a! 218 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referred to as the "Marital Residence"). In consideration of other provisions contained herein, the parties agree as follows with respect to the Marital Residence which the parties believe is valued between $185,000.00 and $219,000.00: (1) Commencing on the execution date of this Agreement, Husband shall retain all ownership or other such rights possessed by either party with respect to the marital residence, :free of any and all right, title, claim or interest of Wife. (2) Commencing on the execution date of this Agreement, anyand all homeowners policies, title policies, and any other policy of insurance held by either party with respect to the Marital Residence sha1l be deemed to be endorsed to reflect Husband as sole owner thereof and Wife further agrees tha! Husband shaIl be entitled to receive any payments now or hereafter due under any such insurance policy. (3) Commencing 0" the execution date of this Agreement, Husband shaIl be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, regardless of when such cost or liability arose, including, but not limited to, mortgages and home equity loans, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held Initials: ~ harmless frolJl-any liability, cost or expense, including actual attorneys fees, 4 Initials:@W Initials:~ ~I, ' ~~I....'\loilf::G<~'; , which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in the Marital Residence and/or for the enforcement of this indemnification. (4) Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, and/or 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 set forth in subparagraphs 5(a)(I) tlrrough 5(a)(3) above. If either 'party unreasonably fuiIs 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. (b) Loan OWed bv Wife's Father. Monies are due to be paid by Wife's father in the sum of $14],000.00. Husband does hereby assign any and all rights, interest and claims which he may have in said monies to Wife. (]) Commencing on April ],2003, Wife shall be entitled to collect the interest payments accrued after April ], 2003 on this loan free of any and all right, title, claim or interest of Husband. (2) Payments on principal shall be prioritized as follows: (a) The first $10,000.00 shall belong to Husband free of any and all right, title, claim or interest ofWue except that if at the time Wife receives this first $10,000.00 Husband owes either child support, spousal support, and/or alimony arrears such arrears shall be satisfied by subtracting the amount of said arrears from the $10,000.00 owed to Husband prior to the $]0,000.00 being distributed to Husband. (b) All payments on principal after the first $10,000.00 shall be used to pay Husband's Cmbank Gold credit account no. 4271 3824 ]9379]08 pursuant to the terms set forth in subparagraph 5(k)(])(a) below. I, Initials: ~{L.-- 5 Initials: ~ . ~ I .i;. ,~' '" (c) Except as stated above, Husband shall assign his right to collect the loan to Wife and she shall be reflected as the sole creditor of said loan free of any and all right, title, claim or interest of Husband. (e) Furnishinl!s and Personaltv. The parties agree that they have divided by agreement between themselves all finni$hings and personalty located in the Marital Residence, including all. furniture, finni$hings, antiques, jewehy, rugs, carpets, household appliances and equipment Although currently located in the Marital Residence, the following items shall belong to Wife, free of any and all right, title, Claim or interest of Husband; (I) Washer (2) Dryer (3) Refrigerator (4) Wife's bedroom suite (5) Hope chest (6) Television (under counter in kitchen) (7) Laundry room dresser with drawers and cabinets (8) Video camera (9) CuisineArt food procw;or and accessories (iO)Kitchen Aid mixer and accessories The items belonging to Wife listed above shall be in good working order when she retrieves them and Husband agrees to make all necessary repairs or provide replacements in the event said items are not in good working order when Wife retrieves them. Other than the items belonging to Wife as set forth above, any personalty or furnishings remaining in the Marital Residence as of the execution date of this Agreement shall be and remain Husband's sole and separate properly, free of any and all right, title, claim or interest of Wife . AJ1y personalty or furnishings now located in Wife's current residence as of the execution date of this Agreement shall be and remain Wife's sole and separate properly, free of any and all right, title, claim or interest of Husband. r""JV Initials. ~vvv 6 . ,:.,,,--"' ,"- , L 'Trt~~j; (d) Motor Vehicles. Husband agrees that Wife shall re1ain possession of and receive as her sole and separate property any vehicle(s) currently in her possession, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnifY and hold Hnsband and his property harmless from any and all liability, cost or expense, including actnal attorneys fees, incurred in counection with such vehicle(s). Wife agrees that Husband shall re1ain possession of and receive as his sole and separate property any vebicle(s) currently in his possession, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnifY and hold Wife and her property hannless from any and all liability, cost or expense, including actual attorneys fees, incurred in counections with such vebicle(s). The parties agree to meet each other at PennDOT or AAA within the next thirty (30) days to transfer title in accordance with the above provisions regarding possession and retention of vebicles. (e) Life Insurance. Wife and Husband each hereby specilically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other, including cash surrender value, if any, and also specifically to include a waiver of any beneficiary designation thereunder. (f) Pension and Retirement Benefits. Wile and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 40 1 (k) plans, employee savings and thrift plans, individual retiremeut accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Initials: ~ 7 ~ 0 f~Il' ~(../ Initials~ --L ~'~ ........'il:O:, Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (g) Cash Accounts. Stocks and Investments. (3) Wife agrees that Husband shall retain as his sole and separate property, free from any and all right, title, claim or interest of Wife, any and all stocks, bonds, investments, swns of cash in savings or checking accounts, mutual fimds, stock accounts, or any other assets of a similar nature which now are titled in Husband's name alone. (4) Husband agrees that Wife shall retain as her sole and separate property, free from any and all right, title, claim or interest of Husband, any and all stocks, bonds, investments, swns of cash in savings or checking accounts, mu1ual fimds, stock accounts, or any other assets of a similar na1ure which now are titled in Wife's name alone. (5) Both parties agree that neither shall access the. other's financial accounts in any manner, whether electronically or by other means. All joint financial accounts , have been closed .and distributed between the parties. Further, each party warrants and represents that all joint credit accounts have been closed and the balances on those accounts paid in full. Each party warrants and represents that he and she have paid in full all obligations on joint credit accounts for which the other party was liable. (h) Miscellaneous ProDertv, As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall consti1ute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (i) Propertv to Wife, 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 qnitclaims, assigns and conveys to Wife all such property, and waives Initials: ~ 8 ~Y" .P......-- Initials: ~()Jr ,I , ,~_ ,< .... ~-,"",I~, and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accowrts 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. (j) Property 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 tenDS of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, 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. (k) Assumotion ofEncnmbraoces. (1) Wife agrees to pay the following debts: (a) Husband's Citibank Gold credit account no. 4271 3824 19379108 which totaled $21,767.00 as of the parties' separation from each other. Within seven (7) days of receiving the first statement following the execution date of this Agreement, Husband agrees to pay Wife the sum equal to the entire balance due as stated on the first statement received after the execution date of this Agreement minus the $21,767.00 owed as of the parties' separation from each other. Furthermore, Husband agrees to cease using this account pending Wife's payment in full of the account after which time he will be solely responsible for all debt incurred on the account thereafter and Husband agrees that within seven (7) days from the execution date of this Agreement he shall forward written notice to Citibank canceling the account until payment of the balance has been made in full. Fmthermore, Husband agrees that within seven (7) days from the execution date of this Agreement he shall forward written notice to Citibank changing his address to that of Wife such that she is the one who receives the monthly statement .m:~~t1y from Citibank. Wife agrees to make monthly payments on 9 <01 tit,} Initials: b ~'V \ Initials: ~~ , "', ..,,0-. __"', ,..-....----,---. AI '-~~"" [' , this account at least five business days prior to the date due so that Husband can confirm that payment has been made by checking the payment history either via the internet or by phone. After having paid Husband the $10,000.00 owed to him pursuant to this agreement, Wife shall place any monies received by her Father in satisfuction of the $141,000.00 loan (which has been assigned to Wife pursuant to subpanigraph (5)(b ) above) toward this account before she uses said funda for any otber purpose. (b) Wife's Discover credit account which totaled approximately $15,959.64 as of ~e parties' separation from each other. ( c) Wife's stndent loans which totaled approximately $29,773.81 as of the parties' separation from each other. (2) Husband agrees to pay the parties' joint debt in.the amount of$10,000.00 owed to Husband's mother and he agrees to secure a release from his mother upon proof from Wife that the eitibank Gold credit account no. 4271 38241937 9108 has been paid in full pursuant to subparagraph 5(k)(1)(a) above. (3) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subseqnent to the effective date of this Agreement. 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 the debts, encumbrances or liens assumed by the other pursuant to this Agreement. (1) Liability 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 such 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; , Oln...- Initials: ~ Initials: ~ . ~.~.~-,~,..,., 10 I~ ,- ~ ,- ""oJ:':' (m) Indemnification of Wife. 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 will, at Iris 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, bu1 not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. (n) Indemnification of Hnsband. If any claim, action or proceeding is hereafter initiated seekingto hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and Iris property against any damages or loss resulting therefrom, including, bu1 not limited to, costs of court and ac1ual attorney's fees incurred by Husband in connection therewith. (0) Warranty as to Future Oblil!ations. Husband and Wife each represents and warrants to the other that he 01' she will not any time in the future incur or contract any debt, chMge or liability for which the other, the other's legal representatives, property or estate may be responsible_ From the date of execution of this Agreement, each party shall use ouly those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and Iris or her property harmless from any liability, loss, cost or expense whatsoever, including attorneys fees, incurred in the event of breach hereof. 6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/ALIMONY, Commencing on April 1, 2003 through April I, 2005, Husband shall pay to Wife the sum of$1100.00 per month allocated as $850.00 per moIIlh in child support and $250.00 per month in spousal support (or alimony pendente lite). Furthermore, Husband shall continue to provide (at his own expense if not provided by Iris employer) health insurance coverage to Wife and for the children until Aprill, 2005 and any non-reimbursed medical expenses for the children shall be paid 75%'by Husband and 25% by Wife. Husband shall have no further Initials: ~ 11 /Allf ./ InitialS-,.f7'ilJV' :.;1 . - -,- ,~I,',,' - ,., -'v,;,; obligation to provide health insurance coverage to Wife as of April I, 2005; however, he shall continue to provide health insurance for the children at least until they graduate from high school. Husband further agrees to continue to provide health insmance for the children while they are enrolled as full time s1udents in college provided it is available to him at reasonable cost through his employment. Any attempt by Wife to seek an increase in child support prior to April I, 2005 will constitute her waiver to any rights thereafter to collect spousal support, alimony pendente lite, and/or alimony. Any attempt by Husband to seek a decrease from the agreed upon $1 100.00 per month in combined child and spousal support (or alimony pendente lite) shall automatically result in Husband owing Wife liquidated damages in the amount of two dollars ($2.00) for each one dollar ($1.00) increment of any decrease in child support and/or spousal support (or alimony pendente lite). Provided Wife did not seek an increase in either child support, spousal support, or alimony pendente lite between Aptil 1,2003 and April 1,2005, then beginning April I, 2005 through September I, 2006, Husband shall pay Wife the sum of $250.00 per month in spousal support, alimony pendente lite, or alimony which the parties specifically agree shall not constitute ,income to Wife when determining Husband's child support obligation. For the period beginning September I, 2006 and thereafter, Husband and Wife hereby expressly waive, discharge and release any and all other rights and claims which he or she may bave now or hereafter by reason of the parties' martiage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may bave to seek modification of the temis of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all . time of either party's obligation to contribute to the support and maintenance of the other. '7. . COLLEGE EXPENSES, Both parties agree to provide equally for the post high school education expenses of the children, Said obligation shall be limited to tuition, room and board, books, and costs after reduction for any scholarships received by either child. Cor., ~ .. ,.V Initials: %.JIl Initials: <5:JJ"':'--- 12 -," ~ , I ..' "_~fi_.: " 8. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, 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 Jaws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 10. W AIVE.R OF BENEFICIARY DESIGNATION. unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all.rights as..asnrviving 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 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 beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shal1 be deemed to be the estate of the deceased party. 11. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein coustitute ail equitable distribution of their assets and liabilities pursuant to Initials: ~ 13 t8,fv fnitials: D/;v " . -"'<i~ 93502 of the Divorce Code, and Wife and Husband 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 specifically waives, releases, renounces and forever abandons any claim, right, title I', or interest whatsoever he or she may have in 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 execution date 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 ,oratany time hereafter has for past, present or future support or maintenance, alimony pendente J!!!; 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 under 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. Neither party shall have any obligation to the other not expressly set forth herein. ( c) Except as set forth in this Agreement, each party hereby absolntely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship Initials: 5~ 14 @,J"n, li1V Initials: i .... '0 C'~~';-~("-'" -I" 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 nuder 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 olher rights of a surviving spouse to participate in a deceased spouse's estate, whether arising nuder lhe laws of Pennsylvania, any state, commonweallh or territOI)' oflhe United States, or any olher conutry. (d) Except for the obligations of lhe parties contaiited in this Agreement and such rights as are e."<pressly reserved herein, each party gives to lhe other by lhe execution of this Agreement an absolute and nuconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in eqnity, which either party ever had or now has against lhe other; 12. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce deere_e all financial records relating to lhe marital estate, and each party will allow the other party access to lhose records in lhe event of tax andits. }3, MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 14. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or nuenforceable, lhe remaining provisions hereof shall nevertheless survive and continue in full force and effect withont being impaired or invalidated in any way. IS. BREACH.. If either party hereto breaches any provision hereof; the oilier party shall have the right, at his or her election, to sue for damages for sncb breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party aball 0/ (\J Initials: ~ Initials: ~ 15 , , ')-~:~ - J' ~ : '~~;' I,,: I I" I', !' . A, " 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 i i the other party will not be deemed a waiver of any other breach or any provision of this i Agreement. f:, 17. NOTICE: Any notice to be given under this Agreement by either party to the other shall " I. i__ I' D I,; Ii I" I.' , be in writing and may be effected by registered or certified mail, return receipt requested. Notice shall be deemed to have occurred upon the date received by the recipient. 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 coutemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as,,1he date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 21. EFFECT OF RECONCILIATION. COHABITATION OR DNORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the . parties effect a reconciliation, cohabit as hnsband and wife or attempt to effect a reconciliation. This Agreement also shall continue :in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties :in writing execute a statemeut declaring this Agreement or any term of this Agreement to be null and,void. Initials: 4J~ 16 /],0t/ Initials: 'i}/JI' .~ - - ~I; ~ -=,.'"' .. 22. HEADINGS NOT PART OF AGREEMENT. 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. 23. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 24. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including any and all other documents to which it refers, such other documents being incorporated herein by reference; that he or she bas discussed its provisions with an attomey ofhis or her own choice, and bas executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not sJrictJy for or against either of the parties. 25. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change ofbeneficiary designations, tax retmns, 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 fuils 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. 26. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged wto 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 eqnity under this Agreement,as an independent contract. Such remedies in law or equity are specifically not waived orreleases. .,;,;..,i,-_"-,,,,' ;::::.),() Initials:0w '-" Initials: ~~ 17 ,,' -I' '" ~ . ~"'1, .",# IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. "Jd;JP ~jf1c~',~ SS( u , -~d .;:=::- SIMON J. ROGf1{s ...-- --ir I I i ~('0,'7 .: "',i 'i - . - .....A(, J, ~ i. o/\!t' - /-,' " ,- C {..:. :,-J..:!.J_( I\"JI' il , WITNESS ....-1 \ i \ ' " .J \ 1 \_J -- [\ 'dIc"5t~ suZAIDiE 1<. ROGERS ' 18 1l~ fL Initiaisf-6J'U r - I~~' ':;OMMONWEALTH OF PENNSYLVANIA r, b' COUmY OF L.,{ WI~<. fYl ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared SIMON J. ROGERS, 'known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he f' ,executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /':Sf/'_ dayof , /! ii/ ,/1 _~j?,1./L_ ,2003'/A Z_/~, ,/ /,./(~-' '---- NolaIy Public in and for dommonweal1h of PennSylvania Typed or printed name of Notary: . . .'~ COMMONWEALTH OF PENNSYLVANIA r, , i I COUNTY OF "---LL l'T',K"k ,-\(l..1"Y! My commission expires: t~,,," ~__I ~,' C "':~il!rm.i :.:; P1liiiiifJ ~<: -~~'*. ._.~ ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared SUZANNE K. ROGERS, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. r1"f.3' ~"MY HAND AND SEAL OF OFFICE this ~( /j !0/?Ll. ,2003. /,/ , / ~o . . andfor I ~omnionwealth of Pennsylvania Typed or printed name of Notary: I ' ~~~~l b~=.n~~(;m;1\~' .. . ~~/"'d-~ill t .~~ My comnnsslon exprres. day of Initials: ' 19 Initials: 6/vW - , -'" '-'- , ~_o_ -,h- ^', '" ,_:;, ',,". - , I" "' '-'~'<'. " ;'i.,'-' . ~' , " , C', m ^..'j',",i,/'~ -- i\ - , SUZANNE K. ROGERS, Plaintiff IN TI-:lE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, NO, d..OCQ ~ 'if5'1l{ (.;,,;/ SIMON J, ROGERS, Defendant CIVIL ACTION - LAW NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court, A judgement 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 and visitation of your children, When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse, 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 THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE Carlisle; Pennsylvania 17013 (717) 249-3166 ~ -- '--,' , ''''= '" ,'-c.- ~ " -,.j: i - ':, - ;_ '_~"I '" - -- ,'" . ..- ,.""",-;,,~-,, -.""",,,-, ',--,--, SUZANNE K, ROGERS, Plaintiff v, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO, do- a>S'f'/ (!w.u ~ SIMON J, ROGERS, Defendant CIVIL ACTION - LAW COMPLAINT IN DIVORCE 1. Plaintiff is SUZANNE K. ROGERS, an adult individual residing at 211 Beaver Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, 2, Defendant is SIMON J, ROGERS, an adult individual residing at 218 East Main Street, Mechanicsburg, Cumberland County, Peunsylvania 17055, 3, Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Peunsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on September 4, 1993 in Cumberland County, Peunsylvania, 5. There is one minor child born of this marriage: Jordan Rogers, born January 24, 1998, Plaintiff is pregnant with the parties second child, 6, The pllrties separated on October 19, 2000, -".--- , , , "..~. ^_ ~-~-J~,; .." , ,~ - ,~,-. "'''' ,-'.'<- k t! I .' r 7. There has been a prior f1ling for divorce between the parties in Rome, Georgia in . , i, approximately 1997, but no decree was granted and the matter was withdrawn, I: , 8, Neither Plaintiff nor Defendant is in the military or naval service of the United ;.;; 0' States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments, 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right I: i " i" I "" It ~ to request that the court require the parties to participate in counseling, COUNT I - DIVORCE NO FAULT 10, The averments in paragraphs 1 through 9, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto, 11. The marriage is irretrievably broken and no possibility of reconciliation exists, WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with ~ 3301 of the Pennsylvania Divorce Code, COUNT II EQUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 of Plaintiff's Complaint are incorporated 2 ,"-.. ' >, ,';",',",- a' .' '" L '_ c.:..,._''',_ ~,~^.,,~ - , ; '" - '.- --.'0"" "c' herein by reference thereto, 13, The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors, WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code, COUNT ill SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 14, The averments in paragraphs 1 through 13, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto, 15, Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage, WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite, COUNT IV ATTORNEY'S FEES AND COSTS 16, The averments in paragraphs 1 through 15, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto, 3 -.,L;'",; -, "'Be ^_= ,","" ..,', ". '-,,,^ _ .'. ,-:,1-"" -"L_. - -, '," . ~~"'''":>:'' _' c __, ,,_ '- _ ,,;,; ""-'i, " 17. Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses, WHEREFORE, Plaintiffrequests an award of counsel's fees and expenses, WHEREFORE, Plaintiff, SUZANNE K, ROGERS, prays this Honorable Court to enter judgment: A, Awarding Plaintiff a decree in divorce; B. Awarding Plaintiff support, alimony and alimony pendente lite; C, Awarding Plaintiff counsel fees, costs and expenses; D, Equitably distributing the marital property; and E, Awarding other relief as the Court deems just and reasonable, Dated: December 1, 2000 Bar ara umple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court J.D. No. 32317 4 ~=-- "li "r ~"," , ""',, ,~ ,-~, - .-,' SUZANNE K. ROGERS, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO, fHJ - J'sII'I C;;:J J p-.- SIMON J, ROGERS, Defendant CIVIL ACTION - LAW AFFIDA VI1REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling, 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request, 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court, I understand that false statements herein are made subject to the penalties of 18 Pa, C.S,A Section 4904 relating to unsworn falsification to authorities, Dated:-.l ( / d--.7J- I ,2000 su~~~ >_," c-",,-.;;;, -',"' , _Ie , > ,-' :-M~' d,"'"_~ <""__0,,', - ~~ SUZANNE'K, ROGERS, Plaintiff IN THE COURT OF COMMON.PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA , f v. NO. SIMON 1. ROGERS, Defendant CIVIL ACTION - LAW IN DIVORCE ~: !i' VERIFICATION ,j' , t~ I, SUZANNE K. ROGERS, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and r t~ ,. W ~ j~ belief, I understand that any false statements made herein are subject to penalties of 18 Pa. C,S,A, Section 4904 relating to unsworn falsification to authorities. Dated: /{~;;L ,2000 " \ ' '^ ,j, ~ ;,'-,; ", ~' .,- ",,- 'i "_,,,1' '-" ~ """ ",' '\ SUZANNE K. ROGERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 2000-8544 SIMON 1. ROGERS, Defendant CIVIL ACTION - LAW AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7099 3220 0007 0903 6696, Return Receipt Requested, on the above- named Defendant, SIMON J. ROGERS, on December 13, 2000 at Defendant's last known address: 218 East Main Street, Mechanicsburg, Pennsylvania 17055. The original receipt and return receipt card are attached hereto as Exhibit "A", I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C,S,A, 94904 relating to unsworn falsification to authorities. Dated: December~, 2000 Barbara Sump Ie-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff ,-'- ,,' ~" ~--""1~_ "p' ')';:,'I"',^,-- ",-"_- ..JI lr ..JI ..JI ITI C lr C Postage 0070 04 Certified Fee f'- Return Receipt Fee CJ (Endorsement Required) CJ Restricted DelIvery Fee : CJ (Endorsement Required) Total Postage & Fees $ -Postmark "".. C MJ MJ ITI 12/12/2000 ,"'. '.;lInif3.Xisb do;;;~i~t~' ilem 4 if ed Delivery is desired. . Ptint your name and addres's on the reverse so that we! cali, return the card to you. . Attach this, card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: c. Signature ~~' o Agent o Addressee DYes o No D. Is delivery address different from item 1? If YES, enter delivery address below: ('I\e, 5i~ -S,~~ :2./ ~ [t!\t,tfYl~ ~ l\t~l'M\lcA ~ I Pl!l -0 I 70s'S- 3. Service Type . Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise DC.O.D. 4, Restricted Delivery? (Extra Fea) eVes 2. ~1c1e Number (Copy from service labeQ i, -,,; -:\ 1 ~ \ \ 1 j 1 102595-0'fl.M';0952 ,!9bCJ(P ,"iiill~nIi1i8 ,!,1"l . : i . ' , P~'"..liti Ptetu,. R~elpt , ~ Ii' i 1 \ ", EXHIBIT "A" " ,,,... I~~ , 'f Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 SUZANNE K. ROGERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Civil Action - Law SIMON J. ROGERS, Defendant NO. 2000-8544 AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December ll, 2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I verifY that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. e.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ;l'l/" D 5 ,,'-," " ~i.""";iii-'-'; ",.. ~'" ~ :tQ..~/ ~-~, >,j ~.-A:'t;" G~ )~ ~ ~, -,01., ^~ " - o~'_' ; ',,,,,," ~- ,~,~"~,~ . .-... -,,', '-"~ 2 ~W~ -0.:, -",,- !:-~ ,~I;;- ,- :;-.rt ~ ~:~~ S! i , ! '" = = en :r>> -r; AI N C) o " :.;! m:TI r- -om :00 8cS :r: -. i r1-P ~,~O r~nl ~ ~ -< -0 :3; r:-:' ,j:'"' r, - ~_. '."~ ': Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SUZANNE K. ROGERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Civil Action - Law SIMON 1. ROGERS, Defendant : NO. 2000-8544 WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 33301(c) OF THE DIVORCE CODE I. 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] 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 Conrt 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 statement herein are made subject to the penalties of 18 Pa.e.S. 34904 relating to unsworn falsification to authorities. DATE: i---01-D 5 I'" ,,;.,--," "i.~'I.D - "",~'-', -.''''-,,,,,",-.,,, "",'" .. ..." .-.;;;,: (~ ~ 'J", ,"1>< ,'~' ---<~ <~ Ji I I, I, I!I' I " ,I 0 ,.., 0 = C:. = -n eJ~ ", .-1 u;", l~/" P ri~: -0 :Coop r11-'-' -;,' \..- ~O , " ., l'o) :g,\T1 ~~~y' ".)9 0 00 r:: " --1 .:-.... -..- -r1 Z~; -V ():D ::E 60 ,. \--' -rn c: t:'i' -' ~J ~ -~ ./=" ~s ~\\ -. ,. . ~ ~. ,-" "- -~,.".. - ",,) '-' ':'1 BlITbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SUZANNE K. ROGERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Civil Action - Law SIMON J. ROGERS, Defendant NO. 2000-8544 AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 11, 2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry ofthe decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. I verifY that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ~/;;- ~ e;:;?' ..; -::> - SIMON J. Ro(iERS "",'''il""'''' '--'iff _,4,' - ,-':.~,c, _,;,,:,.i;'~.~j" .., ,.... ';;-'l-':T~~::; , - "". ~,;- , ~~ ~ " v:-- ~ ".' ~tr>~"''';V<;;;;;'' ""';.0;;;" ..,; '-.., , ,:-,:,"" .~.;. ,,;.~,;,,~;.., (") S; OjEG ~ -~ ~~< ~~~-: 5~~ L =2 '. "'il :,'1 f ~ = = "" ".. " ;;0 f'o.) C) -0 ::;:;: ~ o --n -l :I:-n m-, r- -om :00 S(~ ~--r' oiJ 20 Om ~ :.0 -< +:" 'J Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SUZANNE K. ROGERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. Civil Action - Law SIMON J. ROGERS, Defendant : NO. 2000-8544 WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. 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! 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 statement herein are made subject to the penalties of 18 Pa.C.S. 84904 relating to unsworn falsification to authorities. DATE: ry{-- ,-- ..c:;?..Y SIMON J. ROCERS .; _14~ ,r '.t~ -, - - '1-0""--.-' _.~~>" -~.~:'~~ii:~;:"~l;,,~';:UUI-";';: ,-<;:~,E",-"'-~H,;'~~, ;:t~-':"" - - ... ... . ... . ,",Cd'."""'""""" ' .. .. ,..u'"'' H ",;;>.;---' ,'.' ,',d ",'~',,"', 'C'" ",~ '" "', , " '0.', ~; Ii !: ~: [, " i i I i i II ! I I I 0 "" I G = 0 = i"lrr:-: c.n " ,..,--;-, '~'" ".. :t..., , ; -,'~' U / .. -:;;-.":::' ;;;0 m~ u.' ~~- r- ,h ,N vE? ~- 0 -0 . (..") -.,.:- --10 ,;-"'~ V :r1J ~~ ~~=:' :Ji:: c5::!J ..;-C '70 Z r;y (sm :::.~ :;;! :1J J:- -< \::/ /~~, ' , ' / - ' 1 IJ .~. i . ," ~= -"""",,,,,-, ~.ci,"_ ~,~U~C' I~ THE COURT OF COMMON ~k~AS OF CUMBERLAND COUNTY, ~ENNSYL V ANIA SUZANNE K. ROGERS, Plaintiff vs. SIMON J. ROGERS, NO. 2000-8544 Civil 19 Simon J. Rogers a master with respect to the (X) Divorce ( ) Annulment (X) Alimony (X) AliJllony Pendente Lite . MOTION FOR APPOINTIfENT OF MASTER (~iUI~ (Defendant), following claims: moves the court to appoint (X) ( X ) (X) (X) Distribution of P~operty Support Counsel Fees Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claiJlls(s) for which the appointment of a master is requested. plaintiff . (2) The ~d{ (ha,s) (baaxllllllU: appeared in (by au attorney, Barbara Sumple"'Sullivari her (3) The staturory ground(s) for divorce (is) irretrievable breakdown (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the the action (~~~~ ,Esquire) . (are) following claims: (c) The action is contested with respect to the following above except divorce The action (~) (does not involve) complex issues of law claims: all of the (5) or fact. (6) The hea1:ing is expected to take (7) Additional information, if any. MID NOW '1t~,,?~ is appointed mast wi h Attorney for (lI't 'x) (Defendant) ORDER APPOINTING MASTER 0' If ~;- ,i:9-J,M7. c.~.d- ~) respect to the following claims: (k~ (days). motion: Date: May ~LI 2002 Esquire, ab.- f?J -.' ";,', ';i-;-) I,','_j_' '*'".., tfIJ~/OJ-J::- SUZANNE K, ROGERS, Plaintiff :IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 00 - 8544 CIVIL SIMON J. ROGERS, Defendant IN DIVORCE TO: Barbara Sumple-Sullivan Attorney for Plaintiff Max J. Smith, Jr. Attorney for Defendant DATE: Monday, June la, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed, OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions, )/7 Fo/l/J1tL-4;n /YJ SQk (5P I-I~ -I II Us /S J97J d; J..y;;aA~ /hJJ ~I S y I/1..,I.u 10 . ,,-i~L . _I (~'-' - ,', '. " - ^' ',>'--~ L (b) Provide approximate date when discovery will be complete and indicate what action is being taken to c~~le;;;::;ve~. % U(}lv/)~ ;J /'r?rt<J//'PJ CS;/:- ~ (/~~ (AMPlaA#'!' 0;f~A Z DATE COUNSEL FOR PLAINTIFF ~ COUNSEL FOR DEFENDANT ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY, THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT, _ _ ~,~ >=____" , _, ' c_ , , , ,0 _d"_ ~ ,_~' ='-".', "'-"~=,,_,_r.r."=__'"^"""~C~ "",', " ""'__~"'-_;_; ,;y '~ SUZANNE K. ROGERS, Plaintiff : IN TIIE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs, : NO. 2000-8544 Civil SIMON J. ROGERS, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S ANSWER TO COlVlPLAlNT IN DIVORCE AND NOW COMES the Defendant, SIMON J, ROGERS, by his attorney, MAX J. SMITII, JR., Esquire, and respectfully Answers the Plaintiffs Complaint as follows: 1.-9, Admitted, COUNT I DIVORCE - NO FAULT 10. Neither admitted nor denied, as no response is required. 11. Admitted, COUNT II EOUlT ABLE DISTRIBUTION 12, Neither admitted nor denied, as no response is required, 13, Admitted. , , O' -."'. ,- _ ~ ~ ,",', ',. (~, t-,.~ -" ,,)^,,~';__, _i--,~d.,~,,:T'. -''i.,Yi.L;:",C:';;:'-'i,,'~';;''.i.k.,; _'';_'0;;' ;,: COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 14, Neither admitted nor denied, as no response is required. 15. Denied. Plaintiff has sufficient property to provide for her reasonable needs. COUNT IV ATTORNEY'S FEES AND COSTS 16, Neither admitted nor denied, as no response is required, 17. Denied, It is denied that Plaintiff is tmable to sustain herself during this litigation and to pay her attorney fees, costs and expenses, WHEREFORE, Defendant prays this Honorable Court to: (a) grant a divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code; (b) equitably divide the marital property remaining between the parties; (c) deny Plaintiffs request for support, alimony pendente lite and alimony; (d) deny Plaintiff's request for attorney's fees and costs; (e) deny any and all other relief which has been requested by Plaintiff; and (f) order such further relief as the Court may determine equitable and just. Respectfully submitted, Date: January 4, 2001 4/2t1?9 MAX J, SMITII, JR" Esquire I,D. No. 32114 James, Smith, Durkin & Connelly LLP P.O, Box 650 Hershey, P A 17033 (717) 533-3280 " ,--<, _ _ L' .. ~,","I;" , " ," '. ..'~ '"",'.': -" ",~o-,-,,;;,-',,;', '/"" :<,':.,,'" "";\(, i."" <:' ;~,' '~.; . I verify that the statements made in this Answer 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, ,. " .', ""C_'" , '_'~L~_, L, ~L ; __ t ,~~'U; '" '", ~ ~.,"" _ ,>', " ; _"_ ,,' ,Co '~":'",~.i.-~,,,}-,",'-' c-O,'_"c,,,;;i,,, ";;,,-c;-i "'",.,' '-, LJ~~' > ~" .~ . SUZANNE K. ROGERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000-8544 Civil SIMON J, ROGERS, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this ~lraay of January, 2001, I, MAX J. SMITH, JR" Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Defendant's Answer to Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 UJiIJr~ MAX J, SMITH, JR" Esq . LD, No, 32114 JAMES, SMITH, DURKIN & CONNELLY LLP P,O. Box 650 Hershey, P A 17033 (717) 533-3280 , " i, .-~~ ~ """"'-~ _':"-""""l<Juj, I~ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUZANNE K. ROGERS, Plaintiff vs. SIMON J. ROGERS, NO, 2000-8544 Civil 19 Simon J. Rogers a master wit~ respect to the (X) Divorce ( ) Annulment (X) Alimony (X) AliJnony Pendente MOTION FOR APPOIN'l'l1L'1T OF MASTER (~~~~ (Defendant), following claims: moves the court to appoint Lite ( X ) ( X ) (X) (X) Distribution of Property Support Counsel Fees Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claiJns(s) for which the appointment of a master is requested. plaintiff (2) The~<< (has) (iJI,IBKmll1iUc appeared in (by 2lU: attorney, Barbara Sumple-Sullivan her (3) The staturory ground(s) for divorce (is) irretrievable breakdown (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached wit~ respect to t~e t~e action (~>>~~ ,Esquire). (are) follOWing claims: ec) The action is contested with respect to the following above except divorce The action (~K~) (does not involve) complex issues of law claims: all of the (5) or fact. (6) The hearing is expected to take (7) Additional information, if any. (kiXUD'lBlO (days). motion: Date: May ~~, 2002 Attorney for (lfit -i) (Defendant) Bt. ORDER APPOINTING MASTER Cl/1 _ AJ.'lD NOW ~01~ ,~?,- C.M.ur ~/.4J is appointed mast r wi h respect to the following claiJns: ab-, Esquire, f?J - 6: ~.o \,-~ UJ9 ~r/ ("")<:;:-: ---; ,--' c) c', =\~,-- u.: ...,:. F-: LI_ a ~ .,.J, ...:.i' C',. c; cO' r:-;:; ~3~ ';~~~ '_'~5~ c-'c.:z u..JLLl qa(L ",,3 (.) C() N ,...- Ol!t::C .r' ..... ~.".J c:> "UTI! ^-~ . OF 02 t~~lY 29 It;'] I I: n C'''i'' ,'", "'''JNT'{ V"\liHI--~"" ,'-'t..: J \ 1\" ,1 I h,-,,-.I,-, '. "., _~ -". ( I P~N' 'S"" II' '11/, C', 1\' i L~."q\l,n ~ ~ I"". .,.- , ,," . ",'"", ~,.v~ ' I, , '. ~ ~ " , ;!' ;\ ')~ ~~ , ~';>~~?""'1""'" ._L 'T ,_~"'''' f!'lfi~''''1'-'>t\}'~'''''0'-,;..~:.-p,,,:_-;,,,~;~,,,,,:;;~,,;!9~'''h''\t!W~r~~!!\il.~i~ff,~~. " """ ,- II - I, W:I~di SUZANNE K. ROOERS, Plaintiff : TIffiCOURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000-8544 CNIL TERM SIMON ROGERS, Defendant : CNIL ACTION - LAW : INDNORCE PHA F.CTPF. TO WITRDHA WIF.NTF.R APPF.ARA NC'F. TO TIffiPROlHONOTARY: Kindly withdraw the appearance of Max 1. Smith, Jr., Esquire, as attorney of record for Defendant Simon Rogers in the above captioned Dated: S~kjl UJlJ1--'" Max J. Smith, Jr., E 134 Sipe Avenue Humme1stown, PA 17036 Kindly enter the appearance of Jeanne B. CostopouIos, Esquire, as attorney of record for Defendant Simon Rogers in the above captioned matter. Dated: fir (ot /~ J~e B. CostopouIos, Esqwre ' 1400 N. Second Street Harrisburg, P A 17102 Phone: (717) 221-0900 Supreme Ct ill No. 68735 ~ . ,- ~ :, -- I -', \'~" ". ^ ^,-, ~'" iL '-. l ... . I .. , SUZANNE 1(. ROOERS, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2000..8544 CIVll. TERM SIMON ROOERS, Defendant : CIVll. ACTION - LAW : INDNORCE CERTTFTCA TR OF SERVICE L Jeanne B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Barbara SumpIe-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 BY: / ------- JeaJJJll B. Costopoulos, Esqnire COSTOPOULOS & WELCH 1400 N. Second Street Harrisburg, P A 171 02 Phone: (717) 221-0900 Supreme Ct. ill No, 68735 Dated: ~ ~Wfrxii'-tlfj~[ 1'J~lW'lifl~,-w:r;jiiB~~h!!i'!Ii!ll'iill .='~/'~~K>!:I!lki~*it,$jlff'~{M#o'ililj,~ -"'- "~'~;""=.~U"'~-""llHIt'-'='<Wo.-'-''''~c,- "",. "-,.-" ~~ ~.~ -' --'".'''''=',,,~_.__.,",,''''',''''',~ '_.~-~,~-. (]~ ~M ~ L, c"" ~- ,,-,l~' ') IIll 'fL.I' :~ ii' ,"u' , , . . . , \ 0 0 0 C '" -n -, tn .--l -nOJ f"1 ~T~~ nlli I "0 Z:JJ ''''lrn ~~i~ ;'c!V ~.~ L ~~; "'0 ':~~ --'- Lv 1srn :J>c: -."1 Z '1> ::? :0 f0 -< . I' ~-...,"-,.,~,.. '.' ~~i -.,,;.- ~p.~, '" ','1<>_, --*. '-. '~,:~ c t.~~;jX .. ),'4~.. ;;'~f~Y~ '-/;;''1 .-.~ "[0 . - ],"'--!j,. - '~;''<:t .-,'c-'- 0 ' '" t~ <,-,-,' -'- '"'- ()O - c~LjLj MARITAL SETTLEMENT AGREEMENT Jeanne B. Costopoulos, Esquire .'5000 Ritter Road, Suite 202 , Mechanicsburg, PA 17055 Telephone: (717) 790-9546 Counsel for Simon 1. Rogers BY AND BETWEEN SIMON J. ROGERS AND SUZANNE K. ROGERS Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Telephone: (717) 774-1445 Counsel for Suzanne K. Rogers ~: " , ;., "';,.,'"" ',-, ~ ,-,,\, ~ '-, '" '-":,,,~ '_i'b'>!;- ,I.. . > SUZANNE K. ROGERS, Plaintiff : TIIE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2000-8544 CIVIL SIMON J. ROGERS, Defendant : CIVILACTION-ATLAW : DNORCE MARITAL SETTLEMENT AGREEMENT . . T""'AGREEMENT"_",",-:<'~ ""o,~~ ,'''",''''' between SIMON J. ROGERS, born July 13, 1966, and SUZANNE ROGERS, born February 15, 1968: WITNESSEm: WHEREAS, SIMON J. ROGERS (hereinafter referred to as "Husband") and SUZANNE K. ROGERS (hereinafter referred to as "Wife") are Husband and Wife, having been lawfully married on September 4, 1993 in Carlisle, Cumberland County, Pennsylvania. WHEREAS, 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 ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective es1ates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the 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 followsz 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Jeanne B. Costopoulos, -"~'~, Esquire, for Husband, and Barbara Sumple-SuIlivan, Esquire, for Wife. 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 informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that is being entered into Initials: er having received such advice and with such knQ~ledge, and I Jnitials: ~~(L -~ . , .',,;--,;.! ~' :.J!<&;Jt t that the 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 hereto acknowledges that he or she has been fully advised by his or her respective attomeyofthe impact of the Pennsylvania Divorce Code, whereby the court has the right and dnty to determine all marital rights of the parties including divorce, alimony, alimony oendente ~ equitable distribution of all marital property or PfQperty owned or possessed individually by the other, counsel fees and costs oflitigation and, fully knowing the same and being fully advised ofhis 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 ~ support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek 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. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real andlor personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent -.-'-. jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation" enumeration or statement hereof in this Agreement is hereby specifically~yed, and the parties do not wish to make or append hereto any Initials: ~ 2 /~w ; / Initials: Ld , '.". c:,,~...V:'/!df;i_' , , , ._ ~ ' ~,_J-" ~', "'- "- ,\- ",,-, .." i.:.;~~'; ,~. further enumeration or statement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is 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 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 fraud, 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. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, cany on or engage in any business, occupation, professiou or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign 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 hereinafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. The parties acknowledge that on December I I, 2000, Wife initiated a divorce action under the no-fault provisious of the Divorce Code in the Cumberland County Court of Common Pleas docketed at No. 2000-8544. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all anci1lary economic issues related to their divorce and thus this or any other divorce action with respect to these parties shall be limited to a claim for divorce ouly. The ~ parties agree that neither shall submit the necessary paperwork to finalize the divorce until March I, 2005. Simultaneously with the execution of this Agreement, each party shall sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree, dated March 1, 2005, and shall deliver same to counsel for Wife, who shall h91dcthem until March I, 2005 at which time she shall promptly Initials: -SJ~ 3 ~ LLl! \V Initials: -Vliv~ ... :.. J~" ^.' - ~'", '~; .;.--', L .,i,] submit said affidavits and waivers to the court along with a Praecipe to Transmit Record, Vital Statistics Form and any and all other documents necessary to precipitate the prompt entry of a divorce decree. Therefore, the parties agree that under no circumstance shall a Decree in Divorce be sought by either party prior to March 1, 2005. However, both parties agree to fully cooperate to expeditiously obtain a Decree in Divorce at the expiration of March 1, 200S. 5. EOillTABLE DISTRIBUTION, (a) Marital Residence. The parties acknowledge that they own a home and property located at 218 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referred to as the "Marital Residence"). In consideration of other provisions contained herein, the parties agree as follows with respect to the Marital Residence which the parties believe is valued between $185,000.00 and $219,000.00: (1) Commencing on the execution date of this Agreement, Husband shall retain all ownership or other such rights possessed by either party with respect to the marital residence, free of any and all right, title, claim or interest of Wife. (2) Commencing on the execution date of this Agreement, any and all homeowners policies, title policies, and any other policy of insurance held by either party with respect to the Marital Residence shall be deemed to be endorsed to reflect Husband as sole owner thereof and Wife further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policy. (3) Commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, regardless of when such cost or liability arose, including, but not limited to, mortgages and home equity loans, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held hann1ess from-any liability, cost or expense, including actual attorneys fees, 4 /r/l.W ! , Initials: 4::fi InitiaJs: ~ '"',,->~: ~;, ..,.,...w.....ii"',"" , ~ ~ ";-,-'",', ~, -, ^- which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in the Marital Residence andlor for the enforcement of this indemnification. (4) Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, andlor other docnments, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisious and purposes set forth in subparagraphs 5(a)(l) through 5(a)(3) above. If either party unreasonably filils 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. (b) Loan Owed bv Wife's Fatber. Monies are due to be paid by Wife's filther in the sum of $141,000.00. Husband does hereby assign any and all rights, interest and claims which he may have in said monies to Wife. (1) Commencing on April I, 2003, Wife shall be entitled to collect the interest payments accrued after April 1 , 2003 on this loan free of any and all right, title, claim or interest of Husband. (2) Payments on principal shall be prioritized as follows: (a) The first $10,000.00 shall belong to Husband free of any and all right, title, claim or interest of Wife except that if at the time Wife receives this first $10,000.00 Husband owes either child support, spousal support, and/or alimony arrears such arrears shall be satisfied by subtracting the amount of said arrears from the $10,000.00 owed to Husband prior to the $10,000.00 being distributed to Husband. (b) All payments on principal after the first $10,000.00 shall be used to pay Husband's Citibank Gold credit account no. 4271 3824 1937 9108 pursuant to the tenns set forth in snbparagraph 5(k)(I)(a) below. , ' _"k.~~~~~"-,~",,,-':-;d<!l:',,;_' -- 5 - , '.../ Initials: ~~ Initials: ~ "-~ (c) Except as slated above, Husband shall assign his right to collect the loan to Wife and she shall be reflected as the sole creditor of said loan free of any and all right, title, claim or interest ofHnsband. (c) Furnishinl!S and Personalty. The parties agree that they have divided by agreement between themselves all furni$hings and personalty located in the Marital Residence, including all fumiture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Although currently located in the Marital Residence, the following items shall belong to Wife, free of any and all right, title, claim or interest of Husband: (1) Washer (2) Dryer (3) Refrigerator (4) Wife's bedroom suite (5) Hope chest (6) Television (under counter in kitchen) (7) Laundry room dresser with drawers and cabinets (8) Video camera (9) CuisineArt food processor and accessories (10) Kitchen Aid mixer and accessories The items belonging to Wife listed above shall be in good working order when she retrieves them and Hnsband agrees to make all necessary repairs or provide replacements in the event said items are not in good working order when Wife retrieves them. Other than the items belonging to Wife as set forth above, any personalty or furnishings remaining in the Marital Residence as of the execution date of this Agreement shall be and remain Husband's sole and separate property, free of any and all right, title, claim or interest of Wife. Any personalty or furnishings now located in Wife's current residence as of the execution date of this Agreement shall be and remain Wife's sole and separate property, free of any and all right, title, claim or interest of Husband. /"/1' JU Initials: '& "\IV Initials: ~ 6 ~ _ l ,', ~ ~. --~- (d) Motor Vehicles. Husband agrees that Wife shall retain possession of and receive as her sole and separate property any vehicle(s) currently in her possession, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnitY and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys fees, incurred in connection with such vehicle(s). Wife agrees that Husband shall retain possession of and receive as his sole and separate property any vehicle(s) currently in his possession, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wue and her property harmless from any and all liability, cost or expense, including actual attorneys fees, incurred in connections with such vehicle(s). The parties agree to meet each other at PennDOT or AAA within the next thirty (30) days to transfer title in accordance with the above provisions regarding possession and retention of vehicles. (e) Life Insurance, Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other, including cash surrender value, if any, and also specifically to include a waiver of any beneficiary designation thereunder. (1) Pension and Retirement Benefits. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 40 I (k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Initials: ~ 7 ;1"L1.1 ,(<../ InitialsffV "",-~'" -~-' - ",..;:....., ;,:~~ c ._-._ "--'-'., >>r. .:.""" ';',',", ~-'" ' Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (g) Cash Accounts. Stocks and Investments, (3) Wife agrees that Husband shall retain as his sole and separate property, free from any and all right, title, claim or interest of Wife, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature which now are titled in Husband's name alone. (4) Husband agrees that Wife shall retain as her sole and separate property, free from any and all right, title, claim or interest of Husband, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature which now are titled in Wife's name alone. (5) Both parties agree that neither shall access the other's financial accounts in any manner, whether electronically or by other means. Alljoint financial accounts have been closed and distributed between the parties. Further, each party warrants and represents that all joint credit accounts have been closed and the balances on those accounts paid in full. Each party warrants and represents that he and she have paid in full all obligations on joint credit accounts for which the other party was liable. (h) Miscellaneous ProDertv, As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party 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. (i) ProDertv to Wife, 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 couveys to Wife all such property, and waives Initials: ~ 8 /~, JI...- Initials: ~I}J' > L "," ,,-,-.? 0'--- and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall consti1ute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. CD PropertY 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, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall consti1ute a sufficient bill of sale to evidence the transfer of any and all rights in snch property from WIfe to Husband. (k) Assurontiou of Encumbrances. (I) Wife agrees to pay the following debts: (a) Husband's Citibank Gold credit account no. 4271 3824 19379108 which totaled $2],767.00 as of the parties' separation from each other. Within seven (7) days of receiving the first statement following the execution date of this Agreement, Husband agrees to pay Wife the sum equal to the entire balance due as stated on the first statement received after the execution date of this Agreement minus the $21,767.00 owed as of the parties' separation from each other. Furthermore, Husband agrees to cease using this account pending Wife's payment in full of the account after which time he will be solely responsible for all debt incurred on the account thereafter and Husband agrees that within seven (7) days from the execution date of this Agreement he shall forward written notice to Citibank canceling the account until payment of the balance has been made in full. Furthermore, Husband agrees that within seven (7) days from the execution date of this Agreement he shall forward written notice to Citibank changing his address to that of Wife such that she is the one who receives the monthly statement dire~tly from Citibank. Wife agrees to make monthly payments on Initials: ~iU Initials: ~ ..;:.' ,"'"'- 9 _",=>J,,:, ~.,~~ '-"'\ Initials: :5I'1C-- y ""j~- ---' ---~ this account at least five business days prior to the date due so that Husband can confirm that payment has been made by checking the payment history either via the internet or by phone. After having paid Husband the $10,000.00 owed to him pursuant to this agreement, Wife shall place any monies received by her Father in satisfaction of the $141,000.00 loan (which has been assigned to Wife pursuant to subparagraph (5)(b ) above) toward this account before she uses said funds for any other purpose. (b) Wife's Discover credit account which totaled approximately $15,959.64 as of the parties' separation from each other. (c) Wife's student loans which totaled approJdmately $29,773.81 as of the parties' separation from each other. (2) Husband agrees to pay the parties' joint debt in the amount of $1 0,000.00 owed to Husband's mother and he agrees to secure a release from his mother upon proof from Wife that the Citibank Gold credit account no. 4271 3824 1937 9108 has been paid in full pursuant to subparagraph 5(k)(1)(a) above. (3) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement 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 the debts, encumbrances or liens assumed by the other pursuant to this Agreement. (I) Liability 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 such 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; lnitials:~ 10 'f' '"~;'c_<, ~, Initials: ~ !--.'" , -, -~' - ~~, (m) Indemnification of Wife. 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 wil~ 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, inclnding, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. (n) Indemnification ofHnsband, 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 will, 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 to, costs of court and actual attorney's fees incurred by Husband in connection therewith. (0) Warrantv as to Future Oblil!ations. Husband and Wife each represents and warrants to the other that he or she will not 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. From the date of execmion of this Agreement, each party shall use ouly those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including attorneys fees, incurred in the event of breach hereof. 6, SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/ALIMONY, Commencing on April 1,2003 through April 1,2005, Husband shall pay to Wife the sum of$lIOO.OO per month allocated as $850.00 per month in child support and $250.00 per month in spousal support (or alimony pendente lite). Furthermore, Husband shall continue to provide (at his own expense if not provided by his employer) health insurance coverage to Wife and for the children until April 1,2005 and any non-reimbursed medical expenses for the children shall be paid 75% by Husband and 25% by Wife. Husband shall have no further __->-.c=~'-'" II 4"Q/ Initi . f-i,l)II--'" c. . 7. -,,,, '--,";, "1" obligation to provide health insurance coverage to Wife as of April I, 2005; however, he shall continue to provide health insurance for the cmldren at least until they graduate from mgh school. Husband further agrees to continue to provide health insurance for the children while they are enrolled as full time students in college provided it is available to him at reasonable cost through his employment. Any attempt by Wife to seek an increase in cmld support prior to April I, 2005 will constitute her waiver to any rights thereafter to collect spousal support, alimony pendente lite, and/or alimony. Any attempt by Husband to seek a decrease from the agreed upon $1100.00 per month in combined cmld and spousal support (or alimony pendente lite) shall automatically result in Husband owing Wife liquidated damages in the amount of two dollars ($2.00) for each one dollar ($1.00) increment of any decrease in child support and/or spousal support (or alimony pendente lite). Provided Wife did not seek an increase in either child support, spousal support, or alimony pendente lite between April I, 2003 and April I, 2005, then beginning April I, 2005 through September I, 2006, Husband shall pay Wife the sum of $250.00 per month in spousal support, alimony pendente lite, or alimony wmch the parties specifically agree shall not constitute income to Wife when determining Husband's child support obligation. For the period beginning September I, 2006 and thereafter, Husband and Wife hereby expressly waive, discharge and release any and all other rights and claims wmch he or she may have now or hereafter by reason of the parties' martiage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all , time of either party's obligation to contribute to the support and maintenance of the other. COLLEGE EXPENSES. Both parties agree to provide equally for the post mgh school education expenses of the children. Said obligation shall be limited to tuition, room and board, books, and costs after reduction for any scholarsmps received by either child. Cfitv . . '~ lnil1als:' ~ Initials: ~ 12 -'I' .- ~-b ", _ ' ,,,- ~ ~"~ --;; 8. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 9. WAIVER OF INHERITANCE RIGHTS, Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, 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 tenns 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. 10, WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiaIy rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiaIy designation which belongs to the other party under the tel1llS 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 party expressly states that it is his and her intention to revoke by the tel1llS 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 party. 11. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute aU equitable distribution of their assets and liabilities pursuant to Initials: ~ 13 Initials: ~{L, ,,; ~ ",.' ~3502 of the Divorce Code, and Wife and Husband 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 specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in 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 inbmeihle, acquired by him or her from the execution date 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 past, present or future support or maintenance, alimony pendente .!.@, 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 under 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. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as 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, claims, demands or obligations arising out of or by virtue of the marital relationship Initials: 8~ 14 ~.) .Y' Initials: '"w__",..:,: I,. 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 testamentaIy 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 contaiited in this Agreement and such rights as are expressly reserved herein, 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 demands wbatsoever in law or in eqnity, 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 of their divorce decree 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 audits. 13, MODIFICATION. No modification, rescission, or amendment to this Agreement sball be effective unless in writing signed by each of the parties hereto. 14. SEVERABILITY. 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 ueverthe1ess 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 sball Initials: 6J~ 15 Init'al /7.,/ {\../ 1 s: $:7Uv """'"....~ I: '. '" '~'- .. 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. Aoy notice to be gjven under this Agreement by either party to the other shall be in writing and may be effected by regjstered or certified mail, return receipt requested. Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by gjving 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 substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date npon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 21, EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE, 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 also shall continue in full force and effect in the event of the parties' divorce. 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. Initials: Z:tJ~ 16 Initials: @Jv .l ~.~ -1- oh' ".Go.-.t .' ., '. 22. HEADINGS NOT PART OF AGREEMENT, 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. 23. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 24, ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including any and all other documents to which it refers, such other documents being incorporated herein by reference; that he or she has discussed its proyjsions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 25, MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, 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. 26. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce 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 are specifically not waived orreleases. Initials: sr.r^-. 17 ;;:'* Initials:~ .~,",_.;.i;;.;"""-,~,,__~:_-,, .- -- ,",,' " " "'r_ . IiIIL - , .... d" IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. ~Ij~ TNESS ( ~ '" - d ;;:=;:- SIMON J. ROof:.{S ".F" ~}i~ SUZANNE K. ROGERS Initials: 18 Initials0JP- ,~ r__ , ' - ~~', . " o ~ " COMMONWEALTH OF PENNSYL V AN1A COUNTYOFl'i .Lrn~htYl ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared SIMON J. ROGERS, -known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he . '.\, ,executed same for the pwposes and considerations therein expressed. ':.; GIVE",,;UND, ERMfHANDANDSEALOFOFFICEthi,',;J;;2/:5i/ . _, ...,of , " :;j1~_ ,2003. '~/" ,/\..., l .. /. N9taIy Public in and for Commonwealth of PennSylvania Typed or printed name ofNotaIy: My commission expires: COMMONWEAL TII OF PENNSYLVANIA COUNTY OF L.tLmh,-lLtrld' ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared SUZANNE K. ROGERS, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the pwposes and considerations therein expressed. ;JJaN,~MY HAND AND SEAL OF OFFICE this /~( j , W~ ,2003. /./ / / / No . . andfor I Commonwealth of Pennsylvania Typed or printed name ofNotaIy: ! ~~~I F~~~t=~~~ 0. ~!n lD .. ~ !i~'~ , My commission expires. day of Initials: 19 Initials: 6vtW ,::':\. ~lfH '!lilfJ~gUHj:j.--Jm#1IlM1~~~~~~~~~kl;~1\fi\:W"";-!;~",H!liiiill~~~i1Mnrri~~~."~:iiIIJtK(f-;jW' '<"":i!ii ~ iI'''"'''';'''''". '. - ~, "~, o '. ~ 0 ....., 0 = (; C_"::l -n en < --I """ :I: 1-:' , u ,';') [1' -n , :;;0 >;r "', -ern '.;') - :nQ - 0 -~ , ~ ~ ~~ -"" , ) ",,-. , , ~.:,~,. };. "-' <5m N :2: :::;-1 :<! :':0 """ .< . ~,".,,,,,.......~. .. ':"~.ll&,,""- " / , SUZANNE K. ROGERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VB. CIVIL ACTION - LAW 00 - 8544 NO. CIVIL 19 SIMON 1. ROGERS IN DIVORCE Defendant STATUS SHEET DATE: ('c\'S, . ;.;;t- ~c.~ r;.....s.; V' -'" _ . , I .~ , SUZANNE K. ROGERS, Plaintiff :IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO. 00 - 8544 CIVIL SIMON J. ROGERS, Defendant IN DIVORCE TO: Barbara Sumple-Sullivan Attorney for Plaintiff Max J. Smith, Jr. Attorney for Defendant DATE: Monday, June 10, 2002 CERTIFICATION I certify that discovery is complete as to the clai~s for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. ."'. '~ " - - ,-~ ," >, T" ~0~",i . , (b) Provid~ approximate date when discovery will be complete and indicate what action is being taken to complete discovery, DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FtLING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DtSCRETION, HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY, THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. '.,'''''; ".., --.'. < '-'0"__ ~<.--,...---," ~. ";,;.' " "" "~";-'--'k~-"( '- ---> ;"~ LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070~1931 PHONE (717) 774~1445 FAX (717) 774~7059 Apri122,2005 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, P A 17013 Re: Rogers v. Rogers Docket No. 00-8544/ Cumberland County Dear Divorce Master Elicker: Enclosed please find two (2) copies of the fully executed Marital Settlement Agreement in the above captioned matter. Please proceed to revoke your appointment as Master. Thank you for your assistance in this matter. If you should have any questions, please do not hesitate to contact my office. ) Sincerely YOJlf!( "/" ! Barbara SumpIe-Sullivan BSS/Ih Enclosures cc: Jeanne B. Costopoulos, Esquire Ms. Suzanne K. Rogers ;~.- , _ -, '.'_" 0 , ~-- .' \-i,or~-" -"~;'=-'""'V' ., ,,' -,.~,.;_j;,_, ,""~~";':' . jAMFs SMITH DuRKIN & CONNELLY lil' . Max J. Smith, Jr. mjsjr@jsdlega1.com June 11,2002 Office of Divorce Master Attn: E. Rober! Elicker, II, Esquire 9 North Hanover Street Carlisle, P A 17013 In re: Rogers v, Rogers No. 2000-8544 Civil In Divorce Dear Bob: Enclosed please find the Certification of discovery form which has been completed on behalf of Simon Rogers in the above matter. A copy is being provided to Attorney Sump1e-Sullivan, along with a copy ofthis letter. Thank you for your attention. Very truly yours, JAMES, ~m, DURKIN & CONNELLY LLP o #llAf Max J. Smith, Jr. MJS,Jr.:amk Enclosure cc: Barbara Sumple-Sullivan, Esquire w/enc Simon J. Rogers "j_' C,:, ,,,,,,-__ \1 I, A W 0 F 1'- I C [ 5 J5){ 134 SIPE AVENUE HUMMELSTOWN, PJ\ 17036 MAILING ADDRESS P,O. BOX 650 HERSHEY, PA 17033 TEL, 717533.3280 FAX 717,533_2795 INFO@JSDLEGAL.COM WWW..ISUC.COM GARY L JAMES MAX J. SMITH, JR KAREN DURKIN JOHN J, CONNEL-LY, JR. STEVEN A. STINE SCOTT A. DIETTERICK JAMES F. SPADE GREGORY K. RICHARDS RICHARD L. DAHLEN SUSAN M. KADEL JARAD W. HANDELMAN DONNA M. MULLIN EDWARD P. SEEBER NEIL W. YAHN BERNARD A. RYAN, JR. OF COUNSEL: ANDREW W. BARBIN HERSHEY, PA MANLEY & DEAS, LLC COLUMBUS, OH " ' " ",_,,l,^":-~""" ., '~ . SUZANNE K, ROGERS, Plaintiff :IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 00 - 8544 CIVIL SIMON J, ROGERS, Defendant IN DIVORCE TO: Barbara Sumple-Sullivan Attorney for Plaintiff Max J, Smith, Jr, Attorney for Defendant DATE: Monday, June 10, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed, OR IF DISCOVERY IS NOT COMPLETE: (aj Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions, ,~-kr(o~oro ~~O/\~.U o~ ~la.ll\.tJt ~ '0~ are- KIf wSc1., .'-~ ~ <_c_, ~,i . . (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. bf\ Or 01"-1- J~ 11, 2.002., vl~~-i~~ !X.CIJ^"-P1uIe). , /, V { Vi- DATE CO~~IFF COUNSEL FOR DEFENDANT ( ) (V) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION, HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT, ~~-I ,,_,_ 1_- I" '-'--- -~ ,>- -', 'i"-~I _"_-'. "::;';:~::;,-,~-,):;,';,;,,,;~,~;-~,;-..-:,j.: ,~-, '~ ,,- LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070~1931 PHONE (717) 774~1445 FAX (717) 774-7059 June 13,2002 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, P A 17013 Re: Rogers v. Rogers Docket No, 00-85441 Cumberland County Dear Divorce Master Elicker: Pursuant to your request, enclosed please find my Certificaf n of Discovery in the above- captioned matter, Barbara Sumple-Sullivan BSS/vs Enclosure cc: Max J, Smith, Jr" Esquire (w/encl) Ms, Suzanne K. Rogers (w/encl) SUZANNE K. ROGERS, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. !J..OCO -S'5'fL{ c'-vII SIMON J. ROGERS, Defendant CIVIL ACTION - LAW NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered ~gainst you by the Court. A judgement 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 Hghts important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the fnarriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, ~A WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS PRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE pFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle; Pennsylvania 17013 (717) 249-3166 v. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. !}o - Y'S-Y'l ~ 'r;L~ SUZANNE K. ROGERS, Plaintiff SIMON J. ROGERS, Defendant CIVIL ACTION - LAW COMPLAINT IN DIVORCE 1. Plaintiff is SUZANNE K. ROGERS, an adult individual residing at 211 Beaver Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is SIMON J. ROGERS, an adult individual residing at 218 East Main , ~treet, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth ~f Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on September 4, 1993 in Cumberland founty, Pennsylvania. 5. There is one minor child born of this marriage: Jordan Rogers, born January 24, , 1998. Plaintiff is pregnant with the parties second child. 6. The parties separated on October 19, 2000. 7. There has been a prior filing for divorce between the parties in Rome, Georgia in approximately 1997, but no decree was granted and the matter was withdrawn. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs I through 9, inclusive, of Plaintiff's Complaint are i\ncorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with ~ 3301 of the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through II of Plaintiff's Complaint are incorporated 2 herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 14. The averments in paragraphs 1 through 13, inclusive, of Plaintiff's Complaint are iincorporated herein by reference thereto. 15. Plaintiff requires reasonable support to adequately sustain herself with the standard qf living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Ifite. COUNT IV ATTORNEY'S FEES AND COSTS 16. The averments in paragraphs 1 through 15, inclusive, of Plaintiff's Complaint are i*corporated herein by reference thereto. 3 17. Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. WHEREFORE, Plaintiff, SUZANNE K. ROGERS, prays this Honorable Court to enter ~dgment: A. Awarding Plaintiff a decree in divorce; B. Awarding Plaintiff support, alimony and alimony pendente lite; C. Awarding Plaintiff counsel fees, costs and expenses; D. Equitably distributing the marital property; and E. A warding other relief as the Court deems just and reasonable. 9ated: December 1, 2000 Bar ara umple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 4 v. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. tHJ ish G;;;J-j.v-- CIVIL ACTION - LAW SUZANNE K. ROGERS, Plaintiff SIMON J. ROGERS, Defendant AFFIDAVIT REGARDINhQlUNRELING 1. I have been advised of the availability of marriage counseling and understand that II may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic ~elations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I p~rticipate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A S~ction 4904 relating to unsworn falsification to authorities. ! D~ted:_l \ I ~:)- / ,2000 C\ ~A~~4l~ SUZAN K. RO RS SUZANNE-K. ROGERS, Plaintiff : IN THE COURT OF COMMON. PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. SIMON J. ROGERS, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, SUZANNE K. ROGERS, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and ~elief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. ~ection 4904 relating to unsworn falsification to authorities. tiated: 1{~.;L ,2000 r\,l'/ ,lil SUZA j::> o ~ ? ~. Y ..c: ~ ~ .~ ~ 9..<, \ ~ t \.l 0 ~::J -." "- -:c,. -lr-. ~. <.,) -~- ~) J ~ \ 0\ :J. 0' 'v,\ , 'J v) r'1 V\ o ---0 0 ':l....~ -p i=- ",. ?? -, \{ ,~ ~:) l .., 1 , z ~ ~ III ~ ~ r<I III :ll "P ~",;ll Z~"P o IS> tn r '1) % C ~ ~;; "> 0 ... Q '1) "'l\ 21'1 r' ~ ~~tn~ r?J ' (fI .(.~l.Il ,..~C ~ '(. .,. < ~ ~ ~ 9 ~ '" "' ~ ~~c \..}) \) ~ ~ , ~; i:., (" " -( -) .~. ~ --~ ~ V' ~ ..,., co ~~ ~ '+: '+' + '+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '+:+~+'+: '+:+~~++ +'+:+++++++++++++++ +++++++++++++++'+'++~++'+'+++++++++++++++++++~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + + . + . . . + . + + + + . + + + . + + . + . + . + . + . . . . . . . . . . . . . . . . . + IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SUZANNE K. ROGERS, Plaintiff 2000 - 8544 NO. VERSUS SIMON J. ROGERS, Defendant DECREE IN DIVORCE AND NOW, ~ b , IT IS ORDERED AND 2005 DECREED THAT SUZANNE K. ROGERS , PLAINTIFF, SIMON J. ROGERS , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE + + . . + + + . + + + . + + + + + + . . . . . . . + . + . . . . + + . . ~ ++++++++++++++ +"" ~'le-."?t' BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved pursuant to the Marital Settlement reached by the parties dated March 31, 2003 and incorporated, but Agreement not merged, into the Decree. BY THE COURT: I r/~ ~ Q Anm~ tJ . i.$~. ( -' OTHONOTARY . . I' +' +. +' +' +. +' +. . . .+ +++++++++++++++++'+'++++++++++++++++++++++++++++ J ~l b' .~ ~'?u~ ~;c., ~?7;P:>~ ~:>r:z ,;?~~'P17 .... ,.. ,~~ 6 ' -./{/ .? .S'Ll 6> SUZANNE K. ROGERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2000-8544 SIMON 1. ROGERS, Defendant CIVIL ACTION - LAW AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7099322000070903 6696, Return Receipt Requested, on the above- named Defendant, SIMON J. ROGERS, on December 13, 2000 at Defendant's last known address: 2I8 East Main Street, Mechanicsburg, Pennsylvania 17055. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. g4904 relating to unsworn falsification to authorities. Dated: December~, 2000 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #323 17 Attorney for Plaintiff .J] cr .J] .J] m Postage $ a cr Certified Fee a U.25 l'- Return Receipt Fee a (Endorsement Required) $0.00 a F1estricted Delivery Fee a (Endorsement Required) a Total Postage 8. Fees $ ru ru m cr cr a l'- .....?o ---,-,~- 0070 04 Postmark H'rn 1211212000 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: x..----:::.=- ~. D. Is delivery address different from item 1? If YES, enter delivery address below: o Agent o Addressee o Yes o No (l\r. 5iM()() -S.K.o~ :21 ~ (qt.+ fY\~ ~ f'\~cA<M\l(4~ l P4 . .0 /70S'S 3. Service Type . Certified Mail o Registered o Insured Mail o Express Mail o Retum Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) . Yes 2. Article Number (Copy from service label) 7099 3J;)b /XJo7 bar/) 3 6(g9h PS Form 3811, July 1999 Domestic Return Receipt 1C2595-00-M-0952 EXHIBIT "A" Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland. P ^ 17070 (717) 774-1445 SUZANNE K. ROGERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Civil Action - Law SIMON.I. ROGERS, Defendant NO. 2000-8544 AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on De~ember 11.2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days ha~e elapsed since the filing and service of the Complaint. 3. I consent to the entry of a tinal decree of divorce after service of notice of int~ntion to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, Imher's fees or expcnses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit arc true and correct. I un~erstand that false statcments are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relflting to unsworn falsification to authorities~ DATE: l' l'D S fj \~U\\D ~C(\9 Q / SUZANN.~ K. ROGER$3 6 ~j}/ " :r,;-' ~''''') 'e.::.; r:--? ;;; DV\. TE: 1"Cl-[, t) JJ\1 Barb~ra SUlllple-Sullivan, Esquire Suprfl11e Court #32317 549 ~ridge Street New'Cumberl"nd. P A 17070 (717) 774-1445 SUZANNE K. ROGERS. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. Civil Action - Law SIMON J. ROGERS. Defendant NO. 2000-8544 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 33301(c) OF THE DIVORCE CODE I. I consent to the entry of a Iinal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, Imyyer'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 tiled with the prpthonotary. r verify that the statements made in this affidavit are true and correct. 1 understand that fa'sc statemcnt herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn t,~sification to authorities. v/ / /~~ ,/ .17 -- --- t;'?1 ..-.:;~ i,.\~\ ~'-, '2::. l"::'? - ~. _e v. Civil Action - Law Barb~ra Sump Ie-Sullivan, Esquire Supr~me Court #32317 54913ridgc Street New Cumberland. P A 17070 (7171774-1445 SUZANNE K ROGERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SINiaN I ROGERS, Defendant NO. 2000-8544 AFFIDAVIT OF CONSENT l. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on Dttember I 1,2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days ha~e elapsed since the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that 1 may lose rights concerning alimony, division of property, laiwYer's fees or expenses ifI do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. 1 understand t~at false statements are made subject to the penalties of 18 Pa. C.SA. Section 4904 relating to ~nsworn falsification to authorities. *ATE: ~0--- _~ c:? ...---=:.>-_ SIMON J. RoC"ERS // Y/r) ./ 1~_. ,p ------ c C --n >) '.'.') C' .r- v. Civil Action - Law Barb~ra Sumple-Sullivan, Esquire Suprfme Court #32317 549 ~ridge Street New,Cumber1and, PA 17070 (717) 774-1445 SUZANNE K ROGERS, Plaintitf IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA sa,liON 1 ROGERS, . Defendant NO. 2000-8544 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !'l3301(c) OF THE DIVORCE CODE I. 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, latyer's fees or expenses ifI 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 C~urt and that a copy of the decree will be sent to me immediately after it is filed with the p~othonotary I verifY that the statements made in this affidavit are true and correct I understand that f~lse statement herein are made subject to the penalties of 18 Pa.CS. 84904 relating to unsworn f4lsification to authorities. OATE t:/~- ~ 4-;7 /" SIMON J. ROGERS .;: ~ -L ~--1 :;..... () -n --.1 --c. ['-:1 f'.,j C) ;~ )' I~ THE COURT OF COMMON PLE.~ OF CUHBERLAND COUNTY, PENNSYlVANIA SUZANNE K. ROGERS, Plaintiff vs. SIMON J. ROGERS, NO. 2000-8544 Civil 19 xonON FOR APPOINTIlENT OF :-lASTER Simon J. Rogers (~J~I.UllH\ftll (Defendant), moves the court to appoint a maste with respect to the follo~ing claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( X) Support: (X) Alimony ( X) Counsel Fees (X) Alimony Pendente Lite ( X) Cas ts and Expenses of the motion states: (1) Discovery is complete as to the claims(s) for which the a master is requested. plaintiff (2) The ~ac (has) (OtascJllllllUc: appeared in (by. . attorney, Barbara Sumple-Sull i van her (3) The staturory ground(s) for divorce (is) irretrievable breakdown (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the the action (~R*k~ ,Esquire) . (are) follow g claims: claims all of the (5) (c) The action is contested with respect to the follo~ing above except divorce The action (~~) (does not involve) complex issues of la~ or rac (6) The hearing is expected to take (7) Additional information, if any. (kOOXllBli (days). mo'tion: Date: May 2-7.., 2002 Attorney for (:rt -i) (Defendant) is ap Oin~~~ !;:t :~h ORDER APPOINTING ~1ASTER ,~ c.~ ~, respect to the follo~ing claims: Esquire, ab- j?J ~7 / / vI /0 J-'-r- SUZANNE K. ROGERS, Plaintiff :IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 8544 CIVIL SIMON J. ROGERS, Defendant IN DIVORCE TO: Barbara Sumple-Sullivan Attorney for Plaintiff Max J. Smith, Jr. Attorney for Defendant DATE: Monday, June 10, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that lS not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. 1/1 Fo /Z ,n CL -4 -'?1 /YJ S Q /e <5 ~ /-Ic/n'-<.... J~aAa.-1c /'9-SJ t! /J i 1-1 Us /$ /7-.?? d ; y~kJ (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. / ) tbO LJ/9yJ P? o//'fl Vd ,v/ln-l.-;:r j/ //2~/;?'n C5 /- /&-f UJ4PA ~ ( A 10 P?QA.?-7) ~dA2 DATE / /' ~~SEL L ~~SEL FOR PLAINTIFF FOR DEFENDANT v'/ ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NO'!' REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. SUZANNE K. ROGERS, Plaintiff : IN THE COURT OP COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000-8544 Civil SIMON J. ROGERS, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE AND NOW COMES the Defendant, SIMON J. ROGERS, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully Answers the Plaintiffs Complaint as follows: 1.-9. Admitted. COUNT I DIVORCE - NO PAUL T 10. Neither admitted nor denied, as no response is required. 11. Admitted. COUNT II EOUITABLE DISTRIBUTION 12. Neither admitted nor denied, as no response is required. 13. Admitted. COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 14. Neither admitted nor denied, as no response is required. 15. Denied. Plaintiff has sufficient property to provide for her reasonable needs. COUNT IV ATTORNEY'S FEES AND COSTS 16. Neither admitted nor denied, as no response is required. 17. Denied. It is denied that Plaintiff is unable to sustain herself during this litigation and to pay her attorney fees, costs and expenses. WHEREFORE, Defendant prays this Honorable Court to: (a) grant a divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code; (b) equitably divide the marital property remaining between the parties; (c) deny Plaintiffs request for support, alimony pendente lite and alimony; (d) deny Plaintiff's request for attorney's fees and costs; (e) deny any and all other relief which has been requested by Plaintiff; and (f) order such further relief as the Court may determine equitable and just. Respectfully submitted, Date!: January 4,2001 J)) li- \JJtf! MAX J. SMITH, JR., Esquire J.D. No. 32114 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Answer are true and correct. I lmderstand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~~ ~7/ ~ SIMON J. ROG~S ~ . SUZANNE K. ROGERS, Plain tin' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Ys. : NO. 2000-8544 Civil SIMON J. ROGERS, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this j.Q!.'2!ay of January, 2001, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Defendant's Answer 10 Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Barbara Sump1e-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 UJii~~~ MAX J. SMITH, JR., Esqu J.D. No. 32114 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 \ SUZAN~E Dl TRE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA K. ROGERS, Plaintiff vs. SIMON J. ROGERS, ! ~O. 2000-8544 Civil 19 ~OT!ON FOR APPOINTIlE.'lT OF ~STER (IlQ.l&li~~~ (Defendant), following claims: Simon J. Rogers a master with respect to the (X) Divorce ( ) Annulment (X) Alimony (X) Alimony Pendente moves the court to appoint ( X ) (X) (X) (X) Distribution or Property Support Counsel Fees Costs and Expenses Lite i and in s~, pport of the motion states: i (1) Discovery is complete as to the claims(s) for which the appointmfnt of a master is requested. plaintiff , (2) The ~lli:<< (has) (basxJlllllk:K appeared in (by ~Ss l.ttorney, Barbara Sumple-Sullivan her (3) The staturory ground(s) for divorce (is) irretrievable breakdown ! (4) Delete the inapplicable paragraph(s): 1 (a) The action is not contested. (b) An agreement has been reached with respect to the the action (~>>~~~ ,Esquire) . (are) follOWin~ claims: (c) The action is contested with resnect to the following above except divorce The action (~x~) (does not involve) complex issues of law claims:~, all of the (5) or fact. i (6) The hearing is ~~ected to take (7) Additional information, if any. (k<X1XC6ll (days). motion: Date:~Y l.?, 2002 Attorney for (iFt 'i) (Defendant) is ap~~~~~ m::t ~~h ORDER APPOINTING ~STER ,~ c.~ ~, respect to the following claims: aLz Esquire, By j?J .- . , SUZANNE K. ROGERS, Plaintiff : THE COURT OF COMMON PlEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : No. 2000-8544 CIVIL TERM SIMON ROGERS, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAF.CIPF. TO WITRDRA W/F.NTF.R APPF.ARANCF. TO THE PROmONOTARY: Kindly withdraw the appearnnce of Max J. Smith, Jr., Esquire, as attorney of record for Dattxl: SEfTff'f>i\.._~ll(JclV- Kindly enter the appearance of Jeanne B. Costopoulos, Esquire, as attorney of record for Defl\Ildant Simon Rogers in the above captioned matter. Dated: r /r !Oil JL "'-'"I";~ 1400 N. Second Street Harrisburg, P A 17102 Phone: (717)221-0900 Supreme Ct. ill No. 68735 .1 . ". ., .. SUZANNE K. ROGERS, Plaintiff : THE COURT OF COMMON PlEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : No. 2000-8544 CIVIL TERM SIMON ROGERS, Defendant : CIVIL ACTION - LAW : IN DIVORCE BY: / -------- J~ B. Costopoulos, Esquire COSTOPOULOS & WELCH 1400 N. Second Street Harrisburg, PA 17102 Phone: (717) 221-0900 Supreme Ct. ill No. 68735 CERTfFrCA TE OF SER VrCF 1, Jeanne B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the focegoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same wilth the United States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Barbara Sumple-Sullivan, Esquire 544) Bridge Street New Cumberland, P A 17070-1931 Datttd: ~ ( \-' ~J ';;>; :~ -1. 'C," :i:.~~' ,'- ;..~'.,..:,;--", :~_.,,~:*i,":'.: ft;.:'~":;::" "~'-~;:-. '~, .~"'. ~ ". o (1 - 05'!1; MARITAL SETTLEMENT AGREEMENT Jeanne B. Costopoulos, Esquire " 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telepbone: (717) 790-9546 Counsel for Simon J. Rogers BY AND BETWEEN SIMON J. ROGERS AND SUZANNE K. ROGERS Barbara Sump Ie-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 Telephone: (717) 774-1445 Counsel for Suzanne K_ Rogers i. SUZANNE K. ROGERS, Plaintiff : TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 2000-8544 CIVIL SIMON J. ROGERS, Defendant CIVIL ACTION - AT LAW : DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this3 ~ day of\ r , 2003, by and between SIMON J. ROGERS, born July 13, 1966, and SUZANNE . ROGERS, born February 15, 1968: WITNESSETH: WHEREAS, SIMON J. ROGERS (hereinafter referred to as "Husband") and SUZANNE K. ROGERS (hereinafter referred to as "Wife") are Husband and Wife, having been lawfully married on September 4, 1993 in Carlisle, Cumberland County, Pennsylvania. WHEREAS, the parties hereto are desirous of settling fully and finally their respective [mancial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the 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; I. ADVICE OF COUNSEL. The provisions oflhis Agreement and their legal effect have been fully explained to the parties by their respective counsel, Jeanne B. Costopoulos, Esquire, for Husband, and Barbara Sump Ie-Sullivan, Esquire, for Wife. 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 informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that is being entered into Initials: freely and voluntarilY, after having received such advice and with such knowledge, and ~.='~ H./..' I Initials: cf9,G{L- i' that the 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. Tn addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights 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 1?endente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek 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. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of 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 courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any Initials: ~ 2 ~J ~/'~ Initials: 0) ~. further enumeration or statement. The parties herehy acknowledge and agree that the division of assets as set forth in this Agreement is 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 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 fraud, 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 he free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any husiness, occupation, profession or employment which to him or her may seem advisable. Hushand and Wife shall not molest, harass, disturh or malign each other or the respective linnilies 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 interlere witb the use, ownership, enjoyment or disposition of any property now owned by or hereinafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. The parties acknowledge that on December II, 2000, Wife initiated a divorce action under the no-fault provisions of the Divorce Code in the Cumberland County Court of Common Pleas docketed at No. 2000-8544. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to their divorce and thus this or any other divorce action with respect to these parties shall be limited to a claim for divorce only. The parties agree that neither shall submit the necessary paperwork to finalize the divorce until March ],2005. Simultaneously with the execution of this Agreement, each party shall sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree, dated March 1,2005, and shall deliver same to counsel for Wife, who shall hold them until March I, 2005 at which time she shall promptly Initials:~~ 3 Lf};' 10/ Initials: t, "V~ , submit said affidavits and waivers to the court along with a Praecipe to Transmit Record, Vital Statistics Form and any and all other documents necessary to precipitate the prompt entry of a divorce decree. Therefore, the parties agree that under no circumstance shall a Decree in Divorce be sought by either party prior to March 1,2005. However, both parties agree to fully cooperate to expeditiously obtain a Decree in Divorce at the expiration of March 1,2005. 5. EOUITABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge that they own a home and property located at 218 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referred to as the "Marital Residence"). In consideration of other provisions contained herein, the parties agree as follows with respect to the Marital Residence which the parties believe is valued between $185,000.00 and $219,000.00: (1) Commencing on the execution date of this Agreement, Husband shall retain all ownership or other such rights possessed by either party with respect to the marital residence, free of any and all right, title, claim or interest of Wife. (2) Commencing on the execution date of this Agreement, any and all homeowners policies, title policies, and any other policy of insurance held by either party with respect to the Marital Residence shall be deemed to be endorsed to reflect Husband as sole owner thereof and Wife further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policy. (3) Commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, regardless of when such cost or liability arose, including, but not limited to, mortgages and home equity loans, 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, / /lvfV Initials: Lf::'; Initials: ~ 4 which may be incurred in connection with such liabilities and expeoses or resulting from Wife's ownership interest in the Marital Residence and/or for the enforcement of this indemnification. (4) Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, and/or other documents, and shall do or canse to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes set forth in subparagraphs 5(a)(1) through 5(a)(3) above. If either party wrreasonably 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. (b) Loan Owed bv Wife's Fatber. Monies are due to be paid by Wife's father in the sum of $141,000.00. Husband does hereby assign any and all rights, interest and claims which he may have in said monies to Wife, (1) Commencing on April 1, 2003, Wife shall be entitled to collect the interest payments accrued after April], 2003 on this loan free of any and all right, title, claim or interest of Husband. (2) Payments on principal shall be prioritized as follows: (a) The frrst $ I 0,000.00 shall belong to Husband free of any and all right, title, claim or interest of Wife except that if at tbe time Wife receives this first $10,000.00 Husband owes either cbild support, spousal support, andlor alimony arrears such arrears shall be satisfied by subtracting the amount of said arrears from the $10,000.00 owed to Hushand prior to the $10,000.00 being distributed to Husband. (b) All payments on principal after the first $10,000.00 shall be used to pay Husband's Citibank Gold credit account no. 4271 3824 19379108 pursuant to the terms set forth in subparagraph 5(\<)(1)(a) below. Initials: ~ ", ^/ ..J' 5 / r> '-..c\, ..../ Initials: _ l. 'lvtA (c) Except as stated above, Husband shall assign his right to collect the loan to Wife and she shall be ret1ected as the sole creditor of said loan free of any and all right, title, claim or interest of Husband. (c) Furnishinl!S and Personaltv. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpelS, household appliances and equipment. Although currently located in the Marital Residence, the following items shall belong to Wife, free of any and all right, title, claim or interest of Husband: (1 ) Washer (2) Dryer (3) Refrigerator (4) Wife's bedroom suite (5) Hope chest (6) Television (under counter in kitchen) (7) Laundry room dresser with drawers and cabinets (8) Video camera (9) CuisineArt food processor and accessories (10) Kitchen Aid mixer and accessories The items belonging to Wife listed above shall be in good working order when she retrieves them and Husband agrees to make all necessary repairs or provide replacements in the event said items are not in good working order when Wife retrieves them. Other than the items belonging to Wife as set forth above, any personalty or furnishings remaining in the Marital Residence as of the execution date of this Agreement shall be and remain Husband's sole and separate property, free of any and all right, title, claim or interest of Wife. Any personalty or furnishings now located in Wife's current residence as of the execution date of this Agreement shall be and remain Wife's sole and separate property, free of any and all right, title, claim or interest of Husband. Initials: ~ / 6 /" V . . <-,...,I,(A, Imtlals: c,' (d} Motor Vehicles. Husband agrees that Wife shall retain possession of and receive as her sole and separate property any vehicle(s) currently in her possession, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnifY and hold Husband and his property hannless from any and all liability, cost or expense, including actual attorneys fees, incurred in connection with such vehicle(s). Wife agrees tbat Husband shall retain possession of and receive as his sole and separate property any vehicle(s) currently in his possession, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnifY and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorneys fees, incurred in connections with such vehicle(s). The parties agree to meet each other at PennDOT or AAA within the next thirty (30) days to transfer title in accordance with the above provisions regarding possession and retention of vehicles. (el Life Insurance. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other, including cash surrender value, if any, and also specifically to include a waiver of any beneficiaty designation thereunder. (I) Pension and Retirement Benefits. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(1<) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits andlor beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Initials: ~ /" 7 ~"r?--- ". VI Iml1a1s: , Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (g) Cash Accounts. Stocks and Investments. (3) Wife agrees that Husband shall retain as his sole and separate property, free from any and all right, title, claim or interest of Wife, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual fimds, stock accounts, or any other assets of a similar nature which now are titled in Husband's name alone. (4) Husband agrees that Wife shall retain as her sole and separate property, free from any and all right, title, claim or interest of Husband, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature which now are titled in Wife's name alone. (5) Both parties agree that neither shall access the other's financial accounts in any manner, whether electronically or by other means. Alljoint financial accounts have been closed and distributed between the parties. Further, each party warrants and represents that all joint credit accounts have been closed and the balances on those accounts paid in full. Each party warrants and represents that he and she have paid in full all obligations on joint credit accounts for which the other party was liable. (h) Miscellaneous Pronertv. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party 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. (i) Property to Wife. 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, and waives Initials: .~ 8 ,7~. fL-/ Initials: ,;&Wl- JP and relinquishes any and all rights thereto, 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. (j) Prollerty to Husballd. 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, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient biII of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (k) Assumlltion of Encumhrances. (I) Wife agrees to pay the following debts: (a) Husband's Citibank Gold credit account no.427 1 3824 1937 9108 which totaled $21,767.00 as of the parties' separation from each other. Within seven (7) days of receiving the first statement following the execution date of this Agreement, Husband agrees to pay Wife the sum equal to the entire balance due as stated on the ['rrst statement received after the execution date of this Agreement minus the $21,767.00 owed as of the parties' separation from each other. Furthermore, Husband agrees to cease using this account pending Wife's payment in full of the account after which time he will be solely responsible for all debt incWTed on the account thereafter and Husband agrees that within seven (7) days from the execution date of this Agreement he shall forward written notice to Citibank canceling the account until payment of the balance has been made in full. Furthermore, Husband agrees that within seven (7) days from the execution date of this Agreement he shall forward written notice to Citibank changing his address to that of Wife such that she is the one who receives the monthly statement directly from Citibank. Wife agrees to make monthly payments on Initials: ~ 9 (QuYv Initials: D this account at least live business days prior to the date due so that Husband can comrrm that payment has been made by checking the payment history either via the internet or by phone. After having paid Husband the $10,000.00 owed to him pursuant to this agreement, Wife shall place any monies received by her Father in satisfaction of the $141,000.00 loan (which has been assigned to Wife pursuant to subparagraph (5)(b) above) toward this account before she uses said funds for any other purpose. (b) Wife's Discover credit account which totaled approximately $] 5,959.64 as of the parties' separation from each other. (c) Wife's student loans which totaled approximately $29,773.8] as of the parties' separation from each other. (2) Husband agrees to pay the parties' joint debt in the amount of $] 0,000,00 owed to Husband's mother and he agrees to secure a release from his mother upon proof from Wife that the Citibank Gold credit account no. 4271 3824 1937 9108 has been paid in full pursuant to subparagraph 5(k)(1)(a) above. (3) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date ofthis Agreement. 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 the debts, encumbrances Of liens assumed by the other pursuant to this Agreement. (I) Liability 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 tms Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such 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. Initials: ~ 10 ~J1 /'1 ::....- Initials: . V (m) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreemeut, Husband will, at his sole expense, defend Wife against auy such claim, action or proceeding, whether or uot well. founded, and indemuify her aud 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. (n) Indemnification of Rusband. Ifany claim, action or proceeding is hereafter initiated seeking to hold Husband liable tor the debts or obligations assumed by Wife under this Agreement, Wife will, 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 to, costs of court and actual attorney's fees incurred by Husband in connection therewith. (0) Warrantv as to Future Oblieations. Husband and Wite each represents and warrants to the other that he or she will not any time in the future incur or contract any debt, charge or liahility for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accoWlts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including attorneys fees, incurred in the event of breach hereof. 6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/ALIMONY. Commencing on April I, 2003 through April I, 2005, Husband shall pay to Wife the sum of$IIOO.OO per mouth allocated as $850.00 per month in child support and $250.00 per month in spousal support (or alimony pendente lite). Furthermore, Husband shall continue to provide (at his own expense if not provided by his employer) health insurance coverage to Wife and for the children until April 1,2005 and any non-reimbursed medical expenses for the children shall be paid 75% by Husband and 25% by Wife. Husband shall have no further Initials: ~~ 11 Initial~1l1J obligation to provide health insurance coverage to Wife as of April 1, 2005; however. he shall continue to provide health insurance for the children at least until they graduate from high school. Husband further agrees to continue to provide health insurance for the children while they are enrolled as full time students in college provided it is available to him at reasonable cost through his employment. Any attempt by Wife to seek an increase in child support prior to April I, 2005 will constitute her waiver to any rights thereafter to collect spousal support, alimony pendente lite, and/or alimony. Any attempt by Husband to seek a decrease from the agreed upon $ll 00.00 per month in combined child and spousal support (or alimony pendente lite) shall automatically resnlt in Husband owing Wife liquidated damages in the amount of two dollars ($2.00) for each one dollar ($1.00) increment of any decrease in child support and/or spousal support (or alimony pendente lite). Provided Wife did not seek an increase in either child support, spousal support, or alimony pendente lite between Aprill, 2003 and April I, 2005, then beginning April!, 2005 through September I, 2006, Husband shall pay Wife the sum of $250.00 per month in spousal support, alimony pendente lite, or alimony which the parties specifically agree shall not constitute income to Wife when determining Husband's child support obligation. For the period beginning September 1,2006 and thereafter, Husband and Wife hereby expressly waive, discharge and release any and all other rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court oflaw or equity, it being understood that the foregoing constitutes a fmal determination lor all time of either party's obligation to contribute to the support and maintenance of the other. 7. COLLEGE EXPENSES. Both parties agree to provide equally for the post high school education expenses of the children. Said obligation shall be limited to tuition, room and board, books, and costs after reduction for any scholarships received by either child. Initials:~ .f 12 ~' ~ 'l/ Initials: _Iv\' 8. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation andlor the dissolution of their marriage, and the preparation and execution of this Agreement. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, 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 he 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. 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party 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 canying 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, annuitles, stock accounts, bank accounts, final pay checks 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 nanting 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 party. 11. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Initials: ~ I3 " Initials: ~I/'--' S3502 of the Divorce Code, and Wife and Husband 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 specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in 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, neitlIer party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shaII hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangihle or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of tlIe same fully and effectively for all purposes. (b) EaclI party hereby absolutely and unconditionalIy releases and forever discharges the other and the estate ofthe other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente ~ 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 under 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. Neither party shall have any obligation to the other not expressly set forth herein. Initials: 8~ (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionalIy releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship Initials: ~vf""'" 14 '" 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, tamily 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 herein, 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 demands whatsoever in law or in equity, which either party ever had or now has against the other. 12. PRESERV A nON OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date oftheir divorce decree 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 audits. 13. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 14. SEVERABILITY. 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 Initials: ~ 15 ~I .(L.-- Initials: ~V ... Initials: 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 requested. Notice shalJ be deemed to have occUlTed upon the date received by the recipient. 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 substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon whicb the parties signed the Agreement if they do so on the sarne date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 21. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even ifthe parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. 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. 4J~ " .7 Initials: @Jv 16 .' '. 22. HEADINGS NOT PART OF AGREEMENT. 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. 23. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 24. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including any and all other documents to which it refers, such other documents being incorporated herein by reference; that he or she has discussed its provisions with an attorney afms or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 25. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax retwns, 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. 26. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce 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 Jawor in equity under this Agreement as an independent contract. Such remedies in Jawor equity are specifically not waived or releases. Initials: ~~ 17 " ,il In"a1 t;4.tXJ L.- ID s: . ~ ... . ft' IN WITNESS WHEREOF, the parties hereto set their bands and seals on the dates of their acknowledgments. ;f{iliiui). Ii tdtJ 2 WITNESS j5 ~ -- ~". ,q ;/-=:::-- SIMON J. ROofis ,,- c\ ?-I..tJj.,tt/ I, A.. ill (;vLyv~v~ SUZANNE K. ROGERS '. ~ ._......." !::\ ., .'J It L: i\ '-'(),{'j,(-JvvW--.),L, WITNESS .r" ~ /" \ j lnitiaIs : e~ r 18 /'/]u{).... InitiaIsl)V ~ .' ~OMMONWEALTH OF PENNSYLVANIA COUNTY OF ('lL.riiCwt.brY! ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared SIMON J. ROGERS, 'known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. /SiT _ day of .2003. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~/nJ - COMMONWEALTH OF PENNSYLVANIA ~, . I COUNTY OF Li Jc. r\lL~ ,-Ie'u yj ) ) ) / / ! ~/ \'---"'" Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: G:'~:'~ ~.,,~I ~Co---- ll~___~_ ~~ ~ BEFORE ME, the undersigned authority, on this day personally appeared SUZANNE K. ROGERS, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. ;/ r~EN,~;f MY HAND AND SEAL OF OFFICE this , //IO/itLl. ,2003. / Initials: ~ 19 day of No . . and for Commonwealth of Pennsylvania Typed or printed name of Notary: ! ~~..I i 6atIJare~.'~i~;,,1 ~.~ew r:~~ Bom. ~~~la:= i;q~~~':::.:=-J My commission expires. .. IA1J1/V Imtials: '&. V ! ~y ~/ C) -<' -;:] c:. ) r---, c/ -" {~I .~2 SUZANNE K. ROGERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 8544 CIVIL SIMON J. ROGERS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this . '(L 4' ;t 7 day of , ; 4.-0. 2005, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated March 31, 2003, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: .~rbara Sumple-Sullivan I- Attorney for Plaintiff ~anne B. Costopoulos Attorney for Defendant tflfoWUld)) > . r-~~\. (' . .,LL'-'\.. j~\) Q1~ 27-(}5 'iINV^l..\8NN3d I "In"~\ r" "'''''. '.""'^'n" Al./'\;' (J_),..' ',.... "J~'~i)J ~J ...J fJ I : II H~ L2 HdV ~aaz AL'\I10NOHlOi:Jd 3H1 :10 30U.:!O-{J:flI:l SUZANNE K ROGERS, Plaintiff TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 2000-8544 CIVIL SIMON J. ROGERS, Defendant : CIVIL ACTION - AT LAW : DNORCE MARITAL SETTLEMENT AGREEMENT ..Jl- J'\\ ~ THIS AGREEMENT is made this~ day of \1 Ct0C . ,2003, by and \ between SIMON J. ROGERS, born July 13, 1966, and SUZANNE K. ROGERS, born February IS, 1968: WITNESSETH: WHEREAS, SIMON J. ROGERS (hereinafter referred to as "Husband") and SUZANNE K. ROGERS (hereinafter referred to as "Wife") are Husband and Wife, having been lawfully married on September 4, 1993 in Carlisle, Cumberland County, Pennsylvania. WHEREAS, 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 ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set fo~ and for other good and valuable consideration, the 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: I. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Jeanne B. Costopoulos, Esquire, for Husband, and Barbara Sump Ie-Sullivan, Esquire, for Wife. 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 informed as to his or her legal rights and obl!gations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that is being entered into having received such advice and with such kn0~ledge, and ~'fL I" , .Initials: ~iV L.-- Initials: ~ that the 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 hereto acknowledges that he or she has been fuIly advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony nendente ~ equitable distnbution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fuIly knowing the same and being fully advised of ills 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 herrespective 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 ~ support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek 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. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of 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 courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation,. enumeration or statement hereof in this Agreement is and the parties do not wish to make or append hereto any 2 _/-- i1 LA! Iv Initials: (/,;V\ Initials: ~ further enumeration or statement. The parties hereby acknowledge and agree that the division of assets as set forth in th.is Agreement is fuir, 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 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 fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counseL 3_ PERSONAL RlGHTS_ 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. Each may reside at such place or places as he or she may selecL Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign 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 hereinafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. The parties acknowledge that on December 11, 2000, Wife initiated a divorce action under the no-fault provisions of the Divorce Code in the Cumberland County Court of Common Pleas docketed at No. 2000-8544. It is the intention of the parties, and the parties agree, that by th.is Agreement they have resolved all ancillary economic issues related to their divorce and thus this or any other divorce action with respect to these parties shall be limited to a claim for divorce only. The parties agree that neither shall submit the necessary paperwork to finalize the divorce until March 1,2005. Simultaneously with the execution ofth.is Agreement, each party shall sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree, dated March I, 2005, and shall deliver same to counsel for Wife, who shall hold them until March I, 2005 at which time she shall promptly 3 <-1,1, 1ft./' Initials: VVV\\ lnitials:~ submit said affidavits and waivers to the court along with a Praecipe to Transmit Record, Vital Statistics Form and any and all other documents necessary to precipitate the prompt entry of a divorce decree. Therefore, the parties agree that under no circumstance shall a Decree in Divorce be sought by either party prior to March 1,2005. However, both parties agree to fully cooperate to expeditiously obtain a Decree in Divorce at the expiration of March 1,2005. 5. EOIDTABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge that they own a home and property located at 218 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referred to as the "Marital Residence"). In consideration of other provisions contained herein, the parties agree as follows with respect to the Marital Residence which the parties believe is valued between $185,000.00 and $219,000.00: (I) Commencing on the execution date of this Agreement, Husband shall retain all ownerslrip or other such rights possessed by either party with respect to the marital residence, free of any and all right, title, claim or interest of Wife. (2) Commencing on the execution date of this Agreement, any and all homeowners policies, title policies, and any other policy of insurance held by either party with respect to the Marital Residence shall be deemed to be endorsed to reflect Husband as sole owner thereof and Wife further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policy. (3) Commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, regardless of when such cost or liability arose, including, but not limited to, mortgages and home equity loans, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shan keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from-any liability, cost or expense, including actual attorneys fees, 4 //1. Pv Initials: L.f--:JVI' Initials: ~ which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in the Marital Residence and/or for the enforcement of this indemnification. (4) Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, and/or 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 set forth in subparagraphs 5(a)(l) through 5(a)(3) above. If either party unreasouably fuils on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually inclIlTed as a result of such failure. (b) Loan Owe<! bv Wife's Father. Monies are due to be paid by Wife's father in the sum of $141,000.00. Husband does hereby assign any and all rights, interest and claims which he may have in said monies to Wife. (1) Commencing on April 1, 2003, Wife shall be entitled to collect the interest payments accrued after April 1 , 2003 on this loan free of any and all right, title, claim or interest of Husband. (2) Payments on principal sball be prioritized as follows: (a) The first $10,000.00 shall belong to Husband free of any and all right, title, claim or interest of Wife except that if at the time Wife receives this first $ I 0,000.00 Husband owes either child support, spousal support, and/or alimony arrears such arrears shall be satisfied by subtracting the amount of said arrears from the $10,000.00 owed to Husband prior to the $10,000.00 being distnbuted to Husband. (b) All payments on principal after the first $10,000.00 shall be used to pay Husband's Citibank Gold credit account no. 4271382419379108 pursuant to the terms set forth in subparagraph 5(k)(I)(a) below. /":;,. t7 "--"'-\1 t:.../ Initial.s: L},}../ Initials: ~ 5 (c) Except as stated above, Husband shall assign his right to collect the loan to Wife and she shall be reflected as the sole creditor of said loan free of any and all right, title, claim or interest of Husband. (c) Furnisbinl!:s and Personaltv. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Although currently located in the Marital Residence, the following items shall belong to Wife, free of any and all right, title, claim or interest of Husband: (1) Washer (2) Dryer (3) Refrigerator (4) Wife's bedroom suite (5) Hope chest (6) T elevision (under counter in kitchen) (7) Laundry room dresser with drawers and cabinets (8) Video camera (9) CuisineArt food processor and accessories (10) Kitchen Aid mixer and accessories The items belonging to Wife listed above shall be in good working order when she retrieves them and Husband agrees to make all necessary repairs or provide replacements in the event said items are not in good working order when Wife retrieves them. Other than the items belonging to Wife as set forth above, any personalty or furnishings remaining in the Marital Residence as of the execution date of this Agreement shall be and remain Husband's sole and separate property, free of any and all right, title, claim or interest of Wife. Any personalty or furnishings now located in Wife's current residence as of the execution date of this Agreement shall be and remain Wife~s sole and separate property, free of any and all right, title, claim or interest of Husband. "ro ' ~L/ Initials: L' vtN Initials: 6JlC..... 6 (d) Motor Vehicles. Husband agrees that Wife shall retain possession of and receive as her sole and separate property any velllcle(s) currently in ber possession, along with all rights under any instmUlce policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shaIl indemnifY and bold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys fees, incurred in connection with such velllcle(s). Wife agrees that Husband shall retain possession of and receive as Ills sole and separate property any velllcle(s) currently in his possession" along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereoIl, free of any and all right, title, claim or interest of Wife. Husband shall indemnifY and hold Wjfe and her property harmless from any and all liability, cost or expense, including actual attorneys fees, incurred in connections with such vehicle(s). The parties agree to meet each other at PennDOT or AAA within the next thirty (30) days to transfer title in accordance with the above provisions regarding possession and retention of vehicles. (e) Life Insurance. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other, including cash surrender value, if any, and also specifically to include a waiver of any beneficiary designation thereunder. (I) Pension and Retirement Benefits. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she 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, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they sball execute any documents pursuant to the Retirement Equity "';;! ,C- lni -alsL,.'J 'V' 11 : i/V Initials: ~ 7 Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (g) Cash Accounts. Stocks and Investments. (3) Wife agrees that Husband sball retain as his sole and separate property, free from any and aU right, title, claim or interest of Wife, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature which now are tined in Husband's name alone_ (4) Husband agrees that Wife shall retain as her sole and separate property, free from any and aU right, title, claim or interest of Husband, any and all stocks, bonds, investments, sums of cash in savings Qr checking acconnts, mutual funds, stock accounts, or any other assets of a similar nature which now are titled in Wife's name alone. (5) Both parties agree that neither shall access the other's financial accounts in any manner, whether electronically or by other means. All joint financial accounts have been closed and distributed between the parties. Further, each party warrants and represents that an joint credit accounts have been closed and the balances on those accounts paid in full. Each party warrants and represents that he and she have paid in full all obligations on joint credit accounts for which the other party was liable. (h) Miscellaneous PropertY. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and ifuntitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transt"r of any and all rights in such property from each to the other. (i) PropertY to Wife. 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, and waives r,. V In. -also ~iV1 lU _ ~ Initials: ~ 8 and relinquishes any and all rights thereto, 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. (j) Property 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, ""signs and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, 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 Husban<L (k) Assumotion of Encumbrances. (1) Wife agrees to pay the following debts: (a) Hnsband's CinlJank Gold credit account no. 4271 3824 19379108 which totaled $21,767.00 as of the parties' separation from each other. Within seven (7) days of receiving the first statement following the execution date of this Agreement, Husband agrees to pay Wife the sum equal to the entire balance due as stated on the first statement received after the execution date of this Agreement minus the $21,767.00 owed as of the parties' separation from each other. Furthermore, Husband agrees to cease using this account pending Wife's payment in full of the account after which time he will be solely responsible for all debt incurred on the account thereafter and Husband agrees that within seven (7) days from the execution date of this Agreement he shall forward written notice to Citibank canceling the account until payment of the balance has been made in full. Furthermore, Husband agrees that within seven (7) days from the execution date oftbis Agreement he shall forward written notice to Citibank changing his address to that of Wife such that she is the one who receives the monthly statement directly from Citibank. Wife agrees to make monthly payments on Initials: E$J~ 9 ('11 /'V Initials: 0 "'v \ this account at least five business days prior to the date due so that Husband can confirm that payment has been made by checking the payment history either via the internet or by phone. After having paid Husband the $10,000.00 owed to him pursuant to this agreement, Wife shall place any monies received by her Father in satisfuction of the $141.000.00 loan (which has been assigned to Wife pursuant to subparagraph (5)(b) above) toward this account before she uses said funds for any other pwpose. (b) Wife's Discover credit account which totaled approximately $15,959.64 as of the parties' separation from each other. (c) Wife's student loans which totaled approximately $29,773.8] as of the parties' separation from each other. (2) Husband agrees to pay the parties' joint debt in the amount of$]O.OOO.OO owed to Husband's mother and he agrees to secure a release from his mother upon proof from Wife that the Citibank Gold credit account no. 427] 3824 1937 9108 has been paid in full pursuant to subparagraph 5(k)(1)(a) above. (3) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement. 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 the debts, encumbrances or liens assumed by the other pursuant to this Agreement. (I) 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 such 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 snch debts, obligations and liabilities. '-"11 ' n:..-- Initials:~ ,lJ ; V Initials: ~ 10 (m) Indemnification of Wife. 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 will, 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. (n) Indemnification 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 will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indeIIlIlifY him and his property against any damages or loss resulting therefroIll; including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. (0) Warranty as to Future Obli"ations. Hushand and Wife each represents and warrants to the other that he or she will not 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. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining aCcOlmts which provide for joint liability. Each party hereby agrees to indemnity, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including attorneys fees, incWTed in the event of breach hereof. 6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/ALIMONY. Commencing on April 1,2003 through April 1,2005, Husband shall pay to Wife the sum of$IIOO.OO per month allocated as $850.00 per month in child support and $250.00 per month in spousal support (or alimony pendente lite). Furthermore, Husband shall continue to provide (at his own expense if not provided by his employer) health insurance coverage to Wife and for the children until April I, 2005 and any non-reimbursed medical expenses for the children shall be paid 75% by Husband and 25% by Wife- Husband shall have no firrther II ?/7,..-/\,.,q /' Ini'aI . I).fi.../ 11 'C Initials: ~ obligation to provide health insurance coverage to Wife as of April l, 2005; however, he shall continue to provide health insurance for the children at least until they graduate from high school. Husband further agrees to continue to provide health insurance for the children while they are enrolled as full time students in college provided it is available to him at reasonable cost through his employment. Any attempt by Wife to seek an increase in child support prior to April I, 2005 will constitute her waiver to any rights thereafter to collect spousal support, alimony pendente lite, andlor alimony. Any attempt by Husband to seek a decrease from the agreed upon $1100.00 per month in combined child and spousal support (or alimony pendente lite) shall automatically result in Husband owing Wife liquidated damages in the amount of two dollars ($2.00) for each one dollar ($1.00) increment of any decrease in child support andlor spousal support (or alimony pendente lite). Provided Wife did not seek an increase in either child support, spousal support, or alimony pendente lite between April I, 2003 and April 1,2005, then beginning April I, 2005 through September I, 2006, Husband shall pay Wife the sum of$250.00 per month in spousal support, alimony pendente lite, or alimony which the parties specifically agree shall not constitute income to Wife when determining Husband's child support obligation. For the period beginning September I, 2006 and thereafter, Hnsband and Wife hereby expressly waive, discharge and release any and all other rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the tenus of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a fmal determination for all time of either party's obligation to contribute to the support and maintenance of the other. i. COLLEGE EXPENSES. Both parties agree to provide equally for the post high school education expenses of the children. Said obligation shall be limited to tuition, room and board, books, and costs after reduction for any scholarships received by either child. Initials: c;:rt=-- 12 Wu. " - _ h 1,V Initials: ' ,\ > 8. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees~ costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, 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 cons1rued 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. 10. WAIVER OF BENEFlClARY DESIGNA TION. Unless otherwise specifically set forth in this Agreement, each party 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 oftbis 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 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 beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 11. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to <A ! fl/ Initials: Dtv InitiaLs: ~ 13 !l3502 of the Divorce Code, and Wife and Husband hereby wa;ve any right to division of their property except as provided for in this AgreemenL Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in 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, tanglole or intangible, acquired by him or her from the execution date 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 wbich either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente .!llio 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 under 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. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as 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, claims, demands or obligations arising out of or by virtue of the marital relationship Initials: 5"J/'!!::... 14 i:JJvf/' Initials: 'L> ,. 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 COWltry . (d) Except for the obligations of the parties contai1ied in this Agreement and snch rights as are expressly reserved herein, 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 demands whatsoever in law or in equity, which either party ever had or now has against the other. 12. PRESERV A nON OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree 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 audits. 13. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 14. SEVERABILITY. If any provision ofthis Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shaIl 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 heL The non-breaching party shaIl 0v(L- ,---" Initials: ~ 15 Initials: ..... 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 ofany 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 requested. Notice shall be deemed to have occurred upon the date received by the recipient. 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 substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of/aw rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 21. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the , parties effect a reconciliation, cohabit as hnsband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full torce and eflect in the event of the parties' divorce. 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. Initials: .:::tI~ 16 (;{ IJV Initials: VI 4.. . ~ Initials: 22. HEADINGS NOT PART OF AGREEMENT. ft..ny 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. 23. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 24. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including any and all other documents to which it refers, such other documents being incorporated herein by reference; that he or she has discussed its provisions with an attorney ofhis or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties_ 25. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, ~signments, consents to change of beneficiary designations, ta.'< 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 putposes 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. 26. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement \Ulder 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 are specifically not waived or releases. //'~ Initials:~ 17 .. ", # IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. c PrO"' j a WtJ.p ,rf'U.tiUU' "~ . Q 'WrfNESS I)". ., - :,.. ..-;?'~ SIMON J. ROcioiS .-- C', ?JVv7jtl{;t{)I4ffj- SUZANNE K. ROGERS " ;,"""" ';<,/'-, " ". <-A ( Ii, i ),"\1\ \ /:1 , I " ___,_~" ......,i,.,eM ~~! WITNESS r-: '", / '. " J ;_~ Initials: /l {110l).... Initials:t::}! 18 '::OMMONWEALTH OF PENNSYLVANIA COUNTY OF C!.,J()~,-h1Y/ ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared SIMON 1. ROGERS, -known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. ,2003. /:5fT // ,/. A L--/ . 4~l-''----' GIVEN UNDER MY HAND AND SEAL OF OFFICE this LhI ,vL, day of v Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: COMMONWEALTH OF PENNSYLVANIA ,""',_ i COUNTY OF Li >- rr\b~t-k'-.nd - : ; ~em ! i_~~ _ililIliiIr~' '-':;;.~~-.~.. ;",rr:=j ~~ h:J. ~i'\. l~. ' ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared SUZANNE K. ROGERS, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. r1lJ:N,~;f MY HAND AND SEAL OF OFFICE this :;/ // la/~ ,2003. // , day of // // No . and for I Commonwealth of Pennsylvania Typed or printed name of Notary: ! ~ed _ I ~~$bl~' ~."~~~.' :_.t ~,,_ecro.~~~ ~a.,.,...",..:,,,~~. ~ ,. _-' My commission expires! Initials: ",.~ /" Initials: 0/v'vV 19 ~ - Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 SUZANNE K ROGERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO 2000-8544 CIVIL SIMON 1. ROGERS, Defendant 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 ~3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail, Restricted Delivery. Service accepted December 13, 2000. 3. Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce Code; by Plaintiff: April 7, 2005; by Defendant: April 11, 2005. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated March 31, 2003 and incorporated, but not merged, into the Decree. See paragraph 26, page 17 of the Agreement. 5. Date Plaintiff's Waiver of Notice in ~3301(c) Divorce w s filed with Prothonotary: April 20, 2005. Date Defendant's Waiver of Notice in ~ I( Divorce was filed with Prothonotary: April 20, 2005. / Barliar umple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Dated: April 28, 2005 - Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717)774,1445 SUZANNE K ROGERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO 2000-8544-CIVIL SIMON J. ROGERS, Defendant CIVIL ACTION, LAW IN DIVORCE CERTlFICA TE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, a DATED April 28, 2005 s d as follows: I Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court LD. No 32317 Attorney for Plaintiff ~- --,. [-, c') C'. r~) IC;:::" (,;:.::::1 (-..71 - ~~ :) :;;,.'" _..~ C) -fl ---< -,' i1"i:I: .- -nrr~ ::~.~. c:;7 .-:':;~l <,j f~~' .,.) r'r~\ ! N -,1 :::':': r. U) :;::; ~Y'I --<