HomeMy WebLinkAbout00-08617
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNA.
None. The parties' Marriage Settlement Agreement is incorporat
but not merged into this Decree.
.
STATE OF
GREGORY C. RHODES,
Plaintiff
NO. 2000-8617 CIVIL
VERSUS
DANA D. RHODES,
Defendant
AND NOW'~ (
DECREED THAT
AND
DECREE IN
DIVORCE
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2001, IT IS ORDERED AND
GREGORY C. RHODES
, PLAINTIFF,
DANA D. RHODES
, DEFENDANT,
· ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
. J.
OTHONOTARY
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M ARRT AGF, SRTTT .F,MRNT AGRF,F.MRNT
AGREEMENT, made and entered into this ~ day of April, 2001 by and between GREGORY
C. RHODES, (hereinafter called "Husband"), and DANA D. RHODES, (hereinafter ca@d "Wife"~both
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of the Commonwealth of Pennsylvania.
WITNES SETH:
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WHEREAS, the parties are Husband and Wife having been married on July 11,Q;998rkd::;'
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WHEREAS, each of the parties has fully advised and informed the other of his or her property,
estate, and prospects; and
WHEREAS, the parties have agreed to a full and complete settlement of all matters relating to
the division of their property, and of all rights, claims, and demands which each now has or may have
against the other.
NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants,
and undertakings hereinafter set forth, and for other good and valuable consideration, receipt of which is
hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally
bound, covenant and agree as follows:
1. Husband and Wife are the owners of real estate located at 1424 Timberbrook Drive,
Mechanicsburg, Cumberland County, Pennsylvania. Within sixty (60) days of the execution of this
agreement, Wife shall execute and deliver to Husband, a Deed duly acknowledged in such form as
Husband's counsel shall prepare, conveying all of her right, title and interest in said premises to
Husband. Provided, however, that the parties agree to extend said time in the event of any delay in
Husband's obtaining a mortgage on said property. Until such time as the property is transferred to
Husband, Husband and Wife agree that Husband will pay all costs and expenses incurred in reference to
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said property, including mortgage payments, real estate taxes, water and sewer rents, insurance
premiums, and any and all other costs and expenses appertaining to said real estate. At such time as
property is transferred to Husband, Husband agrees to satisfY, through a new mortgage in his sole name
or from his own personal funds, the mortgage currently held on the property and serviced by Waypoint
Bank at loan number 50090579. At such time as the property is transferred to Husband, Husband agrees
to save and hold harmless Wife from any and all liability and/or claims and/or damages and/or expenses,
including attorney's fees, that Wife may sustain or for which she may become liable in any way
whatsoever, or shall pay upon, or in consequence of the Husband's default or any default with regard to
mortgage payments which will or would result in any action on any bond, or warrant, or mortgage with
reference to said premises or in consequence of Husband's default, or any default with regard to or in
consequence of any claim made by any other party with regard to any indebtedness concerning said
property arising after the said transfer, for which Husband is liable under the terms of this Agreement. It
is understood and'agreed that this indemnification and hold harmless provision does not extend or apply
to obligations, claims or debts which are to be paid or discharged by Wife by the terms of this
Agreement.
Husband hereby agrees that he is and will be solely responsible for and liable for all future debts
and future real estate taxes, water and sewer rents and excess water and sewer rents appertaining to the
said premises upon the transfer of the premises to Husband.
2. Husband shall be responsible for payment of all capital gain taxes that may become
due as a result of this transfer or as a result of any subsequent sale of said premises by Husband, and
Husband agrees to hold Wife harmless from any liability for any capital gain taxes or ordinary income
taxes that might be assessed against her or she might be required to pay as a result of this transfer or the
subsequent sale of this property by Husband, and Wife may seek reimbursement from Husband for sums
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payable by her under this Agreement.
3. Husband and Wife hereby covenant and agree that they have heretofore divided all of their
personal property, including all property located or situate at 1424 Timberbrook Drive, Mechanicsburg,
Cumberland County, Pennsylvania. Husband does hereby set over, transfer and assign, and by these
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presents does hereby set over, transfer and assign absolutely to Wife all of his right, title and interest in
and to any and all of the furniture, furnishings, rugs, household equipment, appliances, pictures, books,
dishes, utensils, silverware and any other household goods or miscellaneous personalty of whatsoever
nature, without limitation by specification, which are presently in the possession of Wife, and Husband
releases and relinquishes all claims and demands whatsoever as to the whole or any part of the said items
of personalty.
Wife does hereby set over, transfer and assign, and by these presents does hereby set over,
transfer and assign absolutely to Husband all of her right, title and interest in and to any and all of the
furniture, furnishings, rugs, household equipment, appliances, pictures, books, dishes, utensils,
silverware and any other household goods or miscellaneous personalty of whatsoever nature, without
limitation by specification, which are presently in the possession of Husband, and Wife releases and
relinquishes all claims and demands whatsoever as to the whole or any part of the said items of
personalty.
4. Husband hereby covenants and agrees to set over, transfer and assign and by these presents
does hereby set over, transfer and assign absolutely to Wife, all of his right and interest in and to a
certain 1995 Jeep Cherokee automobile registered in the name of Wife. Husband hereby relinquishes
and releases all claims and demands as to the said automobile. Wife agrees to indemnify and save and
hold harmless Husband from any and all liability and/or claims, and/or damages, and/or expenses
(including attorney's fees and legal expenses) arising in any way whatsoever in consequence of Wife's
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ownership or use of the vehicle, default of automobile payments, insurance payments or any other
payments. Wife further agrees that, from the date of execution of this Agreement, she is and will be
solely responsible for and liable for all future debts appertaining to the said automobile.
5. Wife hereby covenants and agrees to set over, transfer and assign, and by these presents does
hereby set over, transfer and assign absolutely to Husband, all of her rights and interest in and to a
certain 1994 Ford Fl50XLT pickup truck presently titled in the name of Husband, and Wife hereby
releases and relinquishes all claims and demands as to the said automobile. Husband agrees to
indemnifY and save and hold harmless Wife from any and all liability and/or claims, and/or damages,
and/or expenses (including attorney's fees and legal expenses) arising in any way whatsoever in
consequence of Husband's ownership or use of the vehicle, default of automobile payments, insurance
payments or any other payments. Husband further agrees that, from the date of execution of this
Agreement, he is and will be solely responsible for and liable for all future debts appertaining to the said
automobile.
6. Husband agrees and acknowledges that Wife presently is a participant in the Xerox
Employees Retirement plan, and that he has reviewed the 2000 Retirement Funds Statement reflecting
and disclosing Wife's interest therein, a true and correct copy of which is attached hereto, made part
hereof and marked Exhibit "A". Husband further acknowledges that Wife's total contributions plus
accumulated interest as of December 13,2000 is $12,714.21. Husband specifically and especially
. waives, relinquishes and gives up any and all claim which he may have to claim, receive, own, or to have
included as either marital property or property subject to claims of a Husband, widower, or surviving
spouse any of Wife's interest in the Xerox retirement plan, including all growth or increase in value from
the date of marriage to the present.
7. The parties hereby agree and acknowledge that they have heretofore divided a certain Morgan
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Stanley Dean Witter Account, Account Number 635049623, totaling Nine Thousand Eight Hundred
Eighty Eight ($9,888.00) Dollars, as of December 13,2000. Husband and Wife agree that the balance of
said account will be divided equally between Husband and Wife as of the date of this agreement.
Husband and Wife agree that said division is a full, fair, and equitable division of said bank accounts and
Wife agrees that all funds remaining in said accounts, including all growth or increase in value from the
date of marriage to the present is the sole property of Husband and not subject to further equitable
distribution.
8. The parties acknowledge and agree that Husband is a shareholder in a Pennsylvania business
corporation known as Greg Rhodes Construction, Inc. (the "corporation") and that such shares are
considered marital property. Wife waives and forever releases Husband of and from any and all claims
in, to and against Husband's share in the corporation and any corporate asset or property of any kind or
nature. Wife further agrees that concurrently with her execution of this agreement that she will execute
and deliver to Husband or Husband's attorney written notice that she has resigned as a member of the
Board of Directors of the corporation and as the Secretary/Treasurer of the corporation effective
immediately.
9. Husband and Wife agree as to all assets not specifically mentioned herein, which are presently
titled in the sole name of one of the parties hereto or if untitled are presently in the sole possession of
one of the parties hereto, the party not having title thereto or possession thereof hereby waives, releases,
relinquishes and forever abandons any and all claims therein, and acknowledges that the party having
title or possession of such items shall be the sole and exclusive owner thereof.
10. The parties agree that they shall file joint local, state and federal income tax returns for
calendar year 2000. The parties agree that Husband shall be entitled to take the mortgage interest
deduction for calendar year 2001 and thereafter. Husband shall be responsible for claiming and
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reporting all interest earned on the joint Morgan Stanley Dean Witter account for calendar year 200 I.
Within ten (10) calendar years of either party's receipt of any deficiency notice or other
correspondence from the Internal Revenue Service, the Pennsylvania Department of Revenue, or the
local taxing authority with respect to any tax or income matters relevant to calendar years 1998 through
2001, inclusive, the receiving party shall provide the other with a copy of such notice and/or
correspondence.
II. Each of the parties shall hereafter own and enjoy independently of any claim or right of the
other, all items and property, be they real, personal or mixed, tangible or intangible, which are hereafter
acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in
all respects and for all purposes, as though he or she were unmarried.
12. This Agreement shall not be considered to affect or bar the right of Husband and Wife to a
divorce on lawful grounds if such grounds now exist or shall hereafter exist, or to such defenses, as may
be available to either party.
13. This Agreement is not intended to condone and should not be, deemed to be a condonation
on the part of either party hereto of any act or acts on the part of the other party which have occasioned
the disputes or unhappy differences which have occurred prior to, or which may occur subsequent to the'
date hereof.
14. The parties intend to divorce and they intend to secure a mutual consent, no-fault divorce
pursuant to the provisions of the Divorce Code of 1990, as amended.
15. This Agreement shall be effective upon the signing by both parties and shall be binding upon
all parties as to rights and duties created hereunder provided, however, that any obligation of a party
which shall not be required to be performed at the time of the execution of this Agreement shall be
performed at such time as prescribed for said performance.
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16, The parties agree to execute any and all documents necessary to effectuate the transfer to the
parties of any property given to that party for that party's exclusive use and benefit.
17. Each of the parties shall, at the request and expense of the other, at any time and from time
to time hereafter take any and all steps and execute and deliver to the other party any and all instruments
and assurances that the other party may reasonably require for the purpose of giving full force and effect
to the provisions of this Agreement, including, but not limited to, any waivers or disclaimers or other
documents required to release any interest in the estate of the other, to transfer title to any tangible
personal property or any other document necessary to effectuate the waivers, releases and discharges
provided for herein, as well as any documentation required by the executors, administrators or legal
representatives of the other party which said executor, administrator or other legal representative
believes is necessary to effectuate the waiver of his or her rights of election against the last Will and
Testament of the other, as well as the waiver of all dower or curtesy and other rights to take as a
distributee, heir or next of kin.
18. Husband and Wife agree that they will not make conflicting claims on their future income
tax returns, and will confer as necessary to achieve this result.
19. Except for any debts or obligations hereuRder and from and after the date of this Agreement;
neither party shall incur any debts for personal expenses for which the other party shall be responsible
except as otherwise provided in this Agreement. Each of the parties promises, covenants and agrees that
each shall now and at all times hereafter indemnify and hold harmless the other or his or her estate from
any and all debts and liabilities incurred and from all actions, claims and demands whatsoever with
respect to any such debts except as otherwise provided herein and from all costs and counsel fees in
respect thereto. In the event that a party shall fail to meet his or her obligation to hold harmless the other
party from any expense hereunder, the amount of such expense paid by the other party plus interest
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thereon, costs, expenses and attorney's fees, if any, shall be a creditor's claim against the other party or
the estate of the other party.
20. Each party warrants that he or she knows of no debts, claims, liens, actions or proceedings
against the other spouse of which said other spouse is unaware. Both parties warrant to the other that he
or she has not incurred (except as otherwise specified in this Agreement) any liability or obligation on
which the other party may be liable. If any action is brought attempting to hold the other party liable for
any such liability or obligation, the first party shall, at his or her sole expense, defend the other party
against such claim or action, whether or not well-founded, and shall hold the other party free and
harmless therefrom.
21. Husband and Wife hereby mutually remise, release, quit-claim and forever discharge the
other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any
and all rights, title and interest, or claims in or against the property (including income and gain from
property hereafter accruing) of the other or against the estate of such other, of whatever nature and
wheresoever situate, which he or she now has or at any time hereafter may have against such other, the
estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or
liabilities of such other or by way of dower or curtesy or claims in the nature of dower or curtesy or
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 (a) Pennsylvania, (b) any State, Commonwealth or territory of the
United States, or ( c) any other country; or any rights which either may have or at any time hereafter have
for past, present or future support or maintenance, alimony, alimony pendente lite, equitable distribution,
counsel fees, costs or expenses, whether arising as a result of the marital relationship or otherwise,
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including all economic rights and benefits under the Pennsylvania Divorce Code of 1990, its
amendments and supplements, except, and only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of any provision
thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement
a full, complete and general release with respect to any and all property of any kind or nature, real,
personal or mixed, which the other now owns or may thereafter acquire, except, and only except, all
rights and agreements and obligations of whatsoever nature arising or which may arise under this
Agreement or for the breach of any provision thereof.
22. No modification or waiver of any of the terms of this Agreement shall be valid unless in
writing and executed with the formality of this Agreement. No waiver of any breach or default
hereunder shall be deemed as a waiver of any subsequent breach or default.
23. This Agreement contains the entire understanding of the parties. There shall be no
representations, warranties, promises, covenants, or understandings other than those expressly set forth
herein.
24. This Agreement shall be binding and inure to the benefit of the respective parties, their heirs,
successors and assigns.
25. This Agreement shall be governed by and shall be construed in accordance with the laws of
the Commonwealth of Pennsylvania.
26. Each party asserts that he or she has made a full and complete disclosure of all of the real
and personal property of whatsoever nature and wheresoever located belonging in any way to each of
them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources
and amounts of income received or receivable by each party and of every fact relating in any way to the
subject matter of this Agreement.
27. Each party shall live separate and apart from the other for the rest of their lives at any place
or places that he or she may select. Neither party shall harass, annoy, injure, threaten or interfere with
the use, ownership, enjoyment or disposition of any property now owned or hereafter acquired by the
other.
28. The provisions of this Agreement and their legal effect have been fully explained to the
parties and each party acknowledges that he and she have received independent legal advice from
counsel of his or her selection, and that each have determined to complete this Agreement, and 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 it is being entered into freely and voluntarily after Wife has consulted with her attorney, Bernard J.
McLafferty, Jr., Esquire and Husband has consulted with his attorney, Keith O. Brenneman, Esquire, that
Husband has had the opportunity to further consult with attorney Brenneman or any other attorney to
review the provisions ofthis Agreement, but desires not to further consult with any attorney, and 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 collusion or improper or illegal agreement or agreements. The parties acknowledge that each has
been fully informed of the wealth, property, estate and income of the other, and each party is hereby
satisfied that such information is true and correct.
29. It is specifically understood and agreed that Bernard J. McLafferty, Jr., Esquire and Keith O.
Brenneman, Esquire shall not be liable for any acts or omissions during the course of their participation
in any transaction under or connected with this agreement, except for fraud or gross misconduct and
nothing herein contained shall impose liability of any kind whatsoever on said escrowees.
30. Husband has filed a divorce proceeding in Cumberland County, Pennsylvania docketed at
Number 2000-8617. No waiver or other document signed in the course of the Divorce proceeding shall
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supersede the obligations made in this Agreement.
31. This Agreement shall be incorporated into any subsequent Divorce Decree for purposes of
enforcement only, and it shall not merge but shall survive and shall not be subject to modification by the
Court with respect to any matters.
32. If any term, condition, clause or provision of this Agreement shall be determined or declared
to be void and invalid in law or otherwise, then only that term, condition, clause or provision shall be
stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full
force, effect and operation.
33. The failure of either party to insist upon strict performance of any of the provisions of this
Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall waiver
of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or
similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein.
34. The parties agree that unless otherwise specifically provided herein, this Agreement shall
continue in full force and effect after such time as any final decree in divorce may be entered with
respect to the parties.
35. In the event that either party breaches any provision of this Agreement, and the other party
retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party
will pay all attorney's fees, court costs, and expenses incurred by the other party in enforcing the
Agreement, provided that the other party prevails.
36. Each party hereto indemnifies and holds harmless the other for any substantial
understatement of tax for any years in which the parties filed their joint return. Each party avers that no
such understatement exists, but that if such is determined to exist by the appropriate taxing authority,
based on the inaccurate statement of tax liability by one spouse, of which such innocent spouse is
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unaware, the innocent spouse, shall be entitled to either indemnificationlfo other of s;;,.. by
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liable for the substantial understatement. / ,Vi
DANA D. RHODES
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GREGORY C. RHODES
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF MONrCOfl1GteY
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On this ~ day of c:2,oAd ,2001 before me, the subscriber, a Notary Public in and
for the County of fI1C1?,-ornert ' Commonwealth of Pennsylvania, personally appeared before me,
DANA D. RHODES and in due form of law, acknowledged the foregoing to be her voluntary act and
deed.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal the day and
year aforesaid.
!JnI a f~;,..;
Notary Public
Nota,ial Saal
Carol A. Garrison, Notary Public
Sprl.'l\iliielcl Twp.. MonfQomery C\)a;~ty
!\II' OOinmIssion Expires Feb. 11, 2003
~:.~ PeIIrIsytVllnia <\:!sodQtlon of I..'tt;(,a"
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COMMONWEALTH OF PENNSYL VANIA
COUNTY OF CLl IY} ~EE t2 t.A ~ D SS
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On this 9""'" day of t)fJ/l,; L ,2001 before me, the subscriber, a Notary Public in and
for the County of ClAM ~rICl/l::i, Commonwealth of Pennsylvania, personally appeared before me,
GREGORY C. RHODES and in due form oflaw, acknowledged the foregoing to be his voluntary act
and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal the day and
year aforesaid.
Notarial Seal
Susan L. lyell, Notary Public
~echanicsbura BolO, CUmbel1and County
'y CommlsSfon ExpIres Nov. 24, 2003
Member,l'I!I1r.s\<Nallla A!llOtiaI!on of IllIils
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LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
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GREGORY C. RHODES,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: NO. 2000-8617
CIVIL TERM
DANA D. RHODES,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO: Prothonotary of Cumberland County:
Please transmit the record, together with the following information, to the Court for entry
of a divorce decree:
1. Ground for divorce: irretrievable breakdow nunder Section 3301(c) of the Divorce
Code.
2, Date and manner of service of Complaint by certified mail, restricted delivery on
Defendant on December 18, 2000 (see Affidavit of Service filed herein).
3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the
Divorce Code: by the Plaintiff: April 9, 2001; by the Defendant: March 15,2001.
4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff:
April 9, 2001; by the Defendant April 2, 2001.
5. Related pending claims: None.
SNELBAKER, BRENNEMAN & SPARE, p, C.
Date: April 9, 2001
By;
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Attorneys for Plaintiff
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GREGORY C. RHODES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2000- 'it./1
CIVIL TERM
DANA D. RHODES,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be entered against you by
the Court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage,
you may request that the court require you and your spouse to attend marriage counseling prior
to a divorce decree being handed down by the court. A list of marriage counselors is available in
the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are
advised that this list is kept as a convenience to you and you are not bound to choose a counselor
from the list. All necessary arrangements and the cost of counseling sessions are to be borne by
you and your spouse.
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 WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
SNELBAKER, BRENNEMAN & SPARE, P.C.
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
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By
Attorneys for Plaintiff
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LAW OFFICES
SNELBAI<ER.
BRENNEMAN
Be SPARE
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GREGORY C. RHODES,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: NO. 2000- HI1
CIVIL TERM
DANA D. RHODES,
Defendant
CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT
COUNT I - DIVORCE
I. Plaintiff GREGORY C. RHODES is an adult individual residing at 1424 Timberbrook
Drive, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant DANA D. RHODES is an adult individual residing at 1424 Timberbrook
Drive, Mechanicsburg, Cumberland County, Pennsylvania.
3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of
Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were lawfully joined in marriage on July II, 1998 in
Allentown, Lehigh County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties
hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph
4, above.
6. Neither party is a member of the armed forces of the United States of America.
II
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7. The Plaintiff avers as the grounds upon which this action is based is that the marriage
between the parties hereto is irretrievably broken.
8. The Plaintiff has been advised that counseling is available and that Plaintiff may have
the right to request that the Court require the parties to participate in counseling,
9. The Plaintiff requests this Court to enter a decree of divorce.
WHEREFORE, Plaintiff Gregory C. Rhodes requests this Court to enter a Decree of
Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the
Plaintiff and Defendant.
10. Paragraphs I through 9, inclusive, of this Complaint are incorporated by reference
herein.
II. The Plaintiff and Defendant have legally and beneficially acquired property and
debt during their marriage from July II, 1998.
12. The Plaintiff and Defendant have not agreed as to any equitable distribution of the
personal property and debts.
WHEREFORE, Plaintiff Gregory C. Rhodes requests this Court to order equitable
distribution of marital property.
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
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WHEREFORE, the Plaintiff requests this Court to:
(a) enter a decree of divorce, divorcing the Plaintiff from the
bonds of matrimony;
(b) order equitable distribution of marital property; and
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(c) order such other relief as this Court deems just and reasonable.
SNELBAKER, BRENNEMAN & SPARE, P.C.
Date: December 13, 2000
By:
Keith O. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055-0318
(717) 697-8528
Attorneys for Plaintiff Gregory C. Rhodes
LAW OFFICES
SNELBAKER.
BRENNEMAN
8: SPARE
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VERIFICATION
I verifY that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4909 relating to unsworn falsification to authorities.
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Date: December 13, 2000
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GREGORY C. RHODES,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: NO. 2000-
CIVIL TERM
DANA D. RHODES,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT
GREGORY C. RHODES, being duly sworn according to law, deposes and says:
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 Office of the
Prothonotary, which list is available to me upon request.
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3. Being so advised, I do NOT request that the court require my spouse and I participate i
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I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
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Date: December 13, 2000
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GREGORY C. RHODES,
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DANA D. RHODES,
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
; NO. 2000-8617
CIVIL TERM
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
UNDER SECTION 330!(C) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) ofthe Divorce Code was filed on
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December 14,2000.
2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90)
days have elapsed from the date ofthe 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 verify that the statements made in this Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C. S. S 4904, relating to
unsworn falsification to authorities.
Date: A/tV" 1- ~O() (
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Plaintiff
In the Court of Common Pleas of
Cumberland County Pennsylvania
v.
Docket No. 2000-8617 Civil Term
Dana D. Rhodes,
Civil Action Law- In Divorce
Defendant
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
December 14,2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days
have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce.
4. 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.
5. I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat.
Ann. ~ 4904 relating to unsworn falsification to authorities. .
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SNELBAKER.
BRENNEMAN
& SPARE
GREGORY C. RHODES,
: IN THE COURT OF COMMON PLEAS OF
; CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: NO. 2000-8617
CIVIL TERM
DANA D. RHODES,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PLAINTIFF'S WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 330l(c) OF THE DIVORCE CODE
1, I consent to the entry of a final decree of divorce without notice.
2, I understand that I may lose rights concerning alimony, division of property, lawyer's
fees, or expenses if I do not claim them before a divorce is granted.
3, I understand that I will not be divorced until a divorce decree is entered by the Court
and that ,1 copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
4. I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to
unsworn falsification to authorities.
Date: fifll'r. " ~o I
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In the Court of Common Pleas of
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v.
Docket No. 2000-8617 Civil Term
Dana D. Rhodes,
Civil Action Law- In Divorce
Defendant
DEFENDANT'S WAIVER OF NOTICE OF INlENT TO REOUEST ENTRY OF A
DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted
3. I unders1and 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.
Date:
4. I verny that the s1atements made in this affidavit are true and correct. I understand
that fulse statements herein are made subject to the penalties of 18 Pa. Cons. Stat.
Ann. ~ 4904 relating to unsworn falsification to authorities.
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2000-8617 CIVIL TERM
CIVIL ACTION - LAW
DANA D. RHODES,
Defendant
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA)
SS.
COUNTY OF CUMBERLAND
)
Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that
he is a principal in the law firm of Snelbaker, Brenneman & Spare, P. C., being the attorneys for
Gregory C. Rhodes, Plaintiff in the above captioned action in divorce; that on December 15,
2000, he did send to Defendant Dana D. Rhodes by certified mail, return receipt requested,
restricted delivery, a duly certified copy of the Complaint in Divorce which was fIled in the
above captioned action as evidenced by the attached cover letter of the same date and Receipt for
Certified Mail No. 70993400000450097469; that both the Complaint and cover letter were
duly received by Dana D. Rhodes, the Defendant herein, as evidenced by the return receipt card
for said certified mail dated December 18,2000; that a copy of the aforementioned cover letter
dated December 15,2000 is attached hereto and incorporated by reference herein as "Exhibit A"
and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached
hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true
,
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
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and correct to the best of his knowledge, information and belief.
_mtMAM--.,
Keith O. Brenneman
Sworn to and subscribed before me
this 19th day of December, 2000.
,Juott- t, P
, Notary Public
Notarial Seal
Susan L. Zych, Nolaty PublIc
Mechank:sburg Bora, Curnb8rland County
My CommlssIon EllpIres Nov. 24, 2003
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SNELBAKER. BRENNEMAN (,3 SPARE
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
44 WEST MAIN STR.EET
MECHANICSBURG, PENNSYLVANIA 17055
RICHARD C. SNELBAKER
KEITH 0. BRENNEMAN
PHILIP H. SPARE
7[7-697-8528
p, O. BOX 318
FACSIMILE (7J7) 697-7681
December 15, 2000
Dana D. Rhodes
1424 Timberbrook Drive
Mechanicsburg, PA 17055
Re: Rhodes v. Rhodes
No. 2000-8617 C.c.P., Cumberland County
Dear Ms. Rhodes:
Enclosed please find a certified copy of the Divorce Complaint filed on behalf of Greg
Rhodes.
,
Yours truly,
Keith O. Brenneman
KOB/sz
Enclosure
CC: Gregory C. Rhodes (w/enclosure)
By certified mail, restricted delivery, return receipt requested,
parcel No. 7099 3400 0004 5009 7469
EXHIBIT A
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E:a Restricted Delivery Fee
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c;:I 'rota! Postage & Fees $
.::r
m Name (please Print Clearly) (to be completed by mailer)
. DC\nC\ D. Rhodes
~ -St';eet;-;y,-tfi'O.;-pr-PO-BOxTvo:-.----------------.------.---------------------------_.._-
IT" ....1424 Tinilierbrook Drive
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" ,. -4 if R~tncted Delivery is desired.
.~_.ntyour'llame and address on the reverse
;;;,:14- that w$_can return the card to you.
.il\'lItach thiS card. to the back of the mail piece,
"'lI! on the front if space permits. ,
to. Article Addressed to:
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D. Is Ivery address different from item 1?
If YES, enter. delivery address below:
Dana D. Rhodes.
1424 Tinilierbrook Dr.
Meehanicsburg, PA 17055
3. Service Type
lXXertified Mail 0 Express Mail
o Registered 0 Return Receipt for Mercha/!lcillee
o Insured Mail tJ C.O.D.
4. Restricted Delivery? (Extra Fee) DYes
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
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EXHIBIT B
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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praintiff
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File No. LD-~" l3-
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Defendant
IN DIVORCE
-
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/Defendant in the
above matter, havin been granted a Final Decree in Divorce on the
~ day of
prior surname of
this written notice pursuant
DATE:
(f. ;:).9. zoo\--
hereby elects to resume the
d gives
S 704.
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Signature of name being resumed
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF CUMBERLAND
On the ;;~ day of ~f}.l'/d--.- , r<t ~I before me, a
Notary Public, personally appeared he above affiant known to me to
be the person whose name is subscribed to the within document and
acknowledged that he/she executed the foregoing for the purpose
therein contained.
In Witness Whereof, I have hereunto set my hand and official
seal.
/It...-
CLA~~. W A. ,. ~ARY PUBLIC
.. Cartfsle Bora, C.uinberland County
My Carri(11i~SibnJxplres April 4, 2005
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