Loading...
HomeMy WebLinkAbout01-1004 FX -1-- L ^ , u',.' ,~",dA -...t'4~_,,' ;~~.;k:;~':':::'~C{::'~':::::i~.X~'~{:;iZi::;':Ci:;i9'K::i~*::::'::+>::X*::XC{X.X::'~C{::'>>;i:X.;{X.>ni:C;::::::i~.;;$.li$i~C{XC:<<'>>::XC;l'li~~<:X.;i:::i>>>I'XC{:'ZiJjt'l, ~ ~.' ~ ~ ~ I ~', , X ~ ~ IN THE COURT OF COMMON PLEAS ~ ~ I i ~.<! ~.~ I i ~.<! ~'~ ~ ;::~ I );,~. ~ i - I - ~ - ~--_::~~-~---------- ",.", M ~.~ ~~~ ~ f.~~ ~ ~ ~~~ ~ ~.~ f' ~ ~ ~.~ ~ \1 ~ ~.~ '.,' ~ -~.~ ~~~ . (~ t~ ~ ~;' ~ ~." :=: ~ ~.~ ~ ~.'< k"~ ~ I ~ ~ M ".,:. ;'.s ~ ~.~ ~ ~.~ ~ * ~.~ ~ ll.~ ~::: ~ f~i ;..; ~ ~". , OF CUMBERLAND COUNTY STATE OF PENNA. n' ROBIN. .EL IZABETH.. ROWE.. n _mm____.mm..__m I II I No. ...LO.Q?I............ .....200.1.. Versus ..RANDY ..DAYlD,!!QDGE.S...... DECREE IN DIVORCE AND NOW,... \~. .~... .~, . . . . . ., it is ordered and decreed that ...... ~?~~~. ~~~~~~~~. !l-~?'~. . . . . . .. . . . . . . . . . . . . . . " plaintiff, and. .. .. .. . . .. . . .. .~Y: p"-:V:I.~ .~Q~~E;S... . .. .. ., .. " . . .. . . .. ", defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; tJolI\Jt. .......................................... .................. .............., "........................... 0 0 0'_..' By ___.__U ....,/:Jf.......J. p;-;rfftary ~ :;~::.::~::: :::.::+x ::.::+::.':: }::.::~-:: :::~::.::.,:::::.::.::.: :'-.::.::.,: ::'.::.::0.:::,:.::+::. ': >::.-;~;: ~ i ~~~ I ~.~ ~ ~.~ ~ ~~ ~ ~.~ * ~ ~.~ ~ ~ "'.-. W ~.~ i ~ ".,< W ~.~ . ~ ~ ",.", ~ ~ i~ ~ a ~.~ i N * ',;,,- ~ ~.~ ~.~ ~ ~.s ~ f..~ ~ ~ ~.~ ~ ~ ~.~ ;:.~ ~ ~ ~.~ ~ ~l ~ ~.~ ~ ~.~ ;:', * 7;3'0( /-J-tJ1 1".. M~/P1~E~~ /1~ /H~ ~ q ,k'~ ","__-,_~" ,",,~__~V~l~, y, _'J,.__~,IJ ,,' " t_- -,- -,- "'"":-"''''''T''~''''--~ l--I_'J """"""""""..",", .~ ~ NUUUTALSETTLEMENTAGREEMENT THIS AGREEMENT, made this "-fIL day of ~ , 2001, by and between Robin Elizabeth Rowe (hereinafter "WIFE") and Randy David Hodges, (hereinafter "HUSBAND"); . W I TN E SSE T H: WHEREAS, the parties hereto were married on September 26, 1998, in Cumberland County; and WHEREAS, the parties have no children of this marriage; and WHEREAS, difficulties have arisen between the. parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby 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. WIFE is represented by Debra Denison Cantor, Esquire of Reager & Adler, Pc. HUSBAND is represented by Susan Kadel, Esquire. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and ..~~. ~ -- , 11- "~,;" ~.: obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to S 330l(c) of the Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 01-1004 on February 20,2001. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement or upon expiration of ninety (90) days, on or about June 7, 2001. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Page 2 of 12 ,~" ",""J ,~'"""~~~ :>l~";' . ... Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, 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. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release form all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL ANI) PEiOCEDURAL DISCLOSURE. The parties confIrm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION / NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respet:ts as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may Page 3 of 12 II .... seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. WIFE is the owner of real property located at 1732 Creek Vista Drive, New Cumberland, Pennsylvania (hereinafter "Creek Vista"). WIFE owned the property prior to this marriage. HUSBAND is the owner of property located at 20-22 South 28'h Street, Harrisburg, Pennsylvania (hereinafter "Penbrook"). HUSBAND owned this property prior to marriage. The parties are joint owners of property located at 4620 Jonestown Road, Harrisburg, Pennsylvania (hereinafter "Jonestown") and 5 Care Street, Harrisburg, Pennsylvania (hereinafter "Care Street") The Jonestown property is subject to a mortgage with Mid Penn Bank in the amount of$2l9,000.00. This mortgage is a blanket mortgage which also covers HUSBAND's premarital Penbrook property and $38,384,00 of this loan is affiliated with that property alone. Care Street is subject to a note held by WIFE's father in the amount of $75,000.00. The parties are co-obligors on the above described debt. During the COurse of the parties' marriage, WIFE assumed sole responsibility for all costs and expenses associated with Care Street, including but not limited to payment on the mortgage, taxes and utilities. During the course of the parties' marriage, HUSBAND assumed sole responsibility for the costs and expenses associated with J onestown, including but not limited to payment of the mortgage, taxes, and utilities. HUSBAND's business, Aztec Flooring and Futon, operates out of the J onestown property. The parties have listed the Jonestown and Care Street properties for sale and have executed a Sales Agreement in the amount of $425,000.00 for the sale of both properties. Settlement is to occur no later than June 30, 2001. The parties agree to equally divide all reasonable costs in the sale and settlement of this property. However, WIFE agrees to be solely responsible for any and all delinquencies on the payment of costs and expenses associated with Care Street, including the payment of the mortgage through June of200l, and the payment of 2000 real estate taxes. The 200 I real estate taxes will be paid at the time of settlement. HUSBAND agrees to be solely responsible for all costs and expenses associated with the Jonestown property, up to and including the payment of June 2001 mortgage payment and Page 4 of 12 ., o,'~,~ "I :'! i ,;-, :':! "I :,,1 ;-1 " ;'i ti il t,i ~ -\ ~':I ~:i i Ii "1 :: .1 , , I I j ,I ~ 1 :1 I I , I 'I I I I , i I i I , "", ... ,-, - ~'-~":'; the payment of the 2000 real estate taxes. The 2001 real estate taxes shall be paid at the time of settlement. In addition, $38,384.00 of the Mid Penn mortgage is associated with the Penbrook property. HUSBAND agrees to be solely and completely responsible for the repayment of this amount which shall occur no later than the settlement of the Care Street and J onestown properties. Should judgments appear against either property, the person (or his or her business entity) shall be solely responsible for the repayment of said judgment. The parties shall equally divide the proceeds of the sale after consideration of the above delinquencies and portion of the Mid Penn mortgage. For example, should the proceeds equal $170,000.00, and WIFE owed $3,000.00 in delinquencies, HUSBAND owed $2,000.00 in delinquencies and $38,384.00 'on the Mid Penn loan, the proceeds would be divided as follows: Husband: '12 proceeds Mid Penn loan Delinquencies (H) Delinquencies (W) TOTAL DUE: Wife: '/2 proceeds Delinquencies (H) Delinquencies (W) Mid Penn loan TOTAL DUE: $84,500.00 ($38,384.00) (2,000.00) $3,000.00 $47,116.00 $84,500.00 $2,000.00 ($3,000.00) $38,384.00 $122,884.00 Upon receipt of the proceeds of the above-described sale, WIFE hereby waives any right, title and interest she may have to the Penbrook property. HUSBAND has and shall continue to be solely responsible for all costs and expenses associated with said property and will agree to indemnify and hold WIFE harmless for any claims arising from the property from the date of the marriage forward. Upon receipt of the proceeds, HUSBAND hereby waives any right, title and interest he may have to the Creek Vista property. WIFE has and shall continue to assume all responsibility for the costs and expenses associated with said property and shall indemnify and hold HUSBAND harmless from any claims arising from said property from the date of marriage forward. Page5 of 12 "'~ "LI -I <,", 8. CASH. WIFE owes the amount of$l,OOO.OO to HUSBAND for the purchase ofa walnut corner cupboard and $1,700.00 for living room furniture. HUSBAND owes to WIFE the amount of $600.00 for the balance owed on the appraisal of the Care Street and Jonestown properties. Therefore, at the time of settlement, WIFE shall pay to HUSBAND the amount of $2,100.00 to relieve all obligations herein described. After said payment, no further cash shall be exchanged between the parties. 9. DEBTS. The parties represent that other than the note and mortgages herein described, no other joint debt exists. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 10. RETIREMENT BENEFITS. WIFE is the owner of a SEP IRA and a Roth IRA with Nathan & Lewis, a portion of which was owned prior to marriage. HUSBAND hereby waives any right, title and interest to WIFE's retirement benefits. HUSBAND represents that he has no retirement accounts. Page 6 of 12 " "" -1.llllllllJillijl!l;,~'i'f' " f I , ~ r: i I i i I i , , 1-: I ~ . ' L... ~ ~ - L ~~ ,,- , " " ~r_' _'J I -"I 11. INVESTMENT, BANK ACCOUNTS AND LIFE INSURANCE. WIFE is the owner of a brokerage account with Nathan & Lewis which she owned prior to marriage. HUSBAND hereby waives any right, title and interest he may have to said brokerage aCCOunt. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. Both parties represent that neither owns any life insurance policies which have cash i , I ! j I "~I I ! ,'1 ,I j , I I ~'1 " fi I .-1 1'1 value. 12. BUSINESS INTERESTS. WIFE is a 10% owner of the financial planning firm known as Masland & Barrick. HUSBAND is the sole proprietor of a business known as Aztec Flooring and Futon. Both parties have been advised of their right to obtain documentation regarding the value of these business interests, including tax returns, financial statements, accounts receivable and payable, and all other documentation which would demonstrate value. Both parties acknowledge this right and hereby waive the right to receive and review such documentation. HUSBAND hereby waives any right, title and interest that he may have in WIFE's business interests. WIFE hereby waives any right, title and interest she may have in HUSBAND's business interests. 13. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a marmer agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possessIOn. Page 7 of 12 - , " , 14. TAXES, In 1998, the panies filed joint federal and state tax returns. In the event that the parties are subject to a review or tax audit that results in the imposition of interest and penalties, the party to whom the under-reponing or error can be credited to shall bear sole responsibility for the payment of the interest and penalty and shall indemnify and hold the other harmless from such responsibility. All property transfers in this Agreement are intended to be tax free transfers pursuant to the Internal Revenue Code. 15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms ofthis Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 16. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terrns of this Agreement in a court oflaw or equity, with the understanding Page 8 of 12 . ~~ ~ ~;;-j ;'j I I J I I , 1 I i I 'I iI ! i I J , }'I i 'j i,'! I :"1 J :-',! '" i'< j.:1 !,; ! ':i Id , , " , ." ,~ \i ,,~ I,' ~ :i " ;:1 . """""'-' ,", that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance ofthe other. 17. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 18. ATTORNEYS' FEES FOR ENFORCEMENT. 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 breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. I:: 19. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. Page 9 of 12 - ..~ "~.'ii!;-,,: 20. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 21. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 22. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. ENTmE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 24. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. ,Page 10 of 12 - _ m-'" " ~. . . (;tl'i; This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. ~~ ~i;t?t Ii /?=<~ ~CfOLk~ ~ /~ Wit s <:: i-i Page 11 of 12 '-",;I. COMMONWEALTH OF PENNSYL VANIA : SS. COUNTY OF CUMBERLAND ,)-'\>\ J-' On the l day of , U'/lC~ ,2001, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undesigned officer, personally appeared Robin Elizabeth Rowe, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notarial Seai Jennifer S. Kuhns, NolalY Public Camp Hill Bom. Cumberland County My Commission Expires Sept. 11, 2004 Member, Pei1nSi-;;;/,':r.7.3~~;;isG:r.iiit,(\n at Notanes , ce,' otary Public My Commission Expires: COMMONWEALTH OF : SS. COUNTY OF On the y/1 day of 'CT7J~ ,2001, before me, a Notary Public in and for the Commonwealth of 'JCf , the undesigned officer, personally appeared Randy David Hodges, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. '... . ~...,..,.,r.;r..""-"JO:t'1.,s;:,t~:.~;7.""'-'(. !_~11>~r,,!,t'h\l ~;(~t 9 .'J.U .....,... ~,-, "...t",'" 1 ~t~1ln{!rJ~. m',Si~~, r'~;)~,:;.~j ~.'t~!j~:t. (I "",N : .;,'.,.. "i'''....,...':'.'';';'1~~\ ~:r':!'~,t.! " C:,o;m:j H!d L~j'Jj ,,,.,-..:.~~,,,,.~l '~I,','" ':,~ ;'/:.'1~ :~ ~2:;~~,~~i?2,~~~~~~~~:~~:~'~':~:~;~r} , Notary Public My Commission Expires: Page 120f 12 '\]iB'~'~'-^"~ -='~l""'~ J:{p L,.". _" ___~ .- jil':LI'Iii!l""~~~:~I,ii;f\)..b~;8,:"j";,fj."">.1;;:'''''''';jfJ-~~iIlI!.1i&.L'1iJ , ,~__,. ",-",'Wn '~-,~~~_^ ~ ~--'-"",- ~ > <.~- ~~~ ~~"...'-"_.. ..," - " ~ ~" -- "~, ~~ .. 11I1 0 1::;- 1-'-:'-) C ~ :-::~. c ~:~ - j " .. -, -::.~ ."-) , , C~ , , -,- r_~ '-_.-' r-, '---' '> .- T, ,- " ~Z: , (,:j p, C; C' () en '-- ':51 ~;~-I -'i ':0 -<- en -<; . ,- ~ IllliIIIIIliiil I, ~, I , J ,I - 'N ROBIN ELIZABETH ROWE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-1004 RANDY DAVID HODGES, 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 S 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on the 7th day of March , 2001. 3. Date of execution of the Affidavit of Consent required by S 3301(c) of the Divorce Code: by Plaintiff, on June 15,2001; by Defendant, on June 18,2001. 4. Related claims pending: Settled by Agreement dated June 7, 2001. 5. (Complete either (a) or (b).) (a) Date and manner of service of the Notice ofIntention to File Praecipe to Transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in S 330l(c) Divorce was filed with the Prothonotary: June 215, 2001. .- j , I' "'.11 '.""'''''''~''-''-''''- . Date Defendant's Waiver of Notice in S 330l(c) Divorce was filed with the Prothonotary: June 22, 2001. Respectfully submitted, REAGER & ADLER, PC "-- Date: U(?IIVI By: De ID 08 2331 Market Street Camp Hill, P A 17011 717-763-1383 Counsel for Plaintiff ,~,~~"-!,f"i~'LJ&;iJl-:~l'Mfri1;,!il@<1lii.,<~"%iiJ""'9,J;j,';~k:~:",_'~J"'.&,;,;fM,~ilimiI~~M~ ~ ,:-". ,~~:,"<JL1~_~'~HUL. ",', ~'- oJ,-,,,"_, -",~~," '''''',^',''", ,~, <",- -~~ ,.~ ~ . -~, " . 1MI00li ~-" .J,Ji!l~~dWiiIi o ~ ~H en ~,~c ~C., ~2 :=1 ~'<. . ~ P mill! . ~=:l (- - -. -~l r~'J (T" :::~~ - '~i \...) " ~~~J2 :"T, "~~ ~ _..J:' on >~~-~ -. i' II, ~~$14'~~,,, J ROBIN ELIZABETH ROWE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. ()[- /CVJ.{ COll ~ RANDY DAVID HODGES, 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. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE 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 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ~ ,'"="~. .J_. ~I-'I ~=~... ,- ""'~-', .. ,r ROBIN ELIZABETH ROWE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. () 1- /tJ() 'f 6;;J ~ RANDY DAVID HODGES, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301c) and 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Robin Elizabeth Rowe, who resides at 1732 Creek Vista Drive, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is Randy David Hodges, who resides at 4620 Jonestown Road, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 26, 1998 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States, or it's allies within the provisions of Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendments. 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being ~"""'~-""'....'~~ "~ ~ -. -II ~:i!I1lt_.-tl,'-, . so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there are no children of the parties under the age of eighteen (18). 10. The marriage is irretrievably broken. 11. After 90 days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. 12. In the alternative, Plaintiff will file and Affidavit of Consent and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests the court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. Respectfully submitted, REAGER & ADLER, PC Date;!./ /1/0 I By: e a De . 0 Cantor, Esquire ID #663 2331 Market Street Camp Hill, P A 17011 717-763-1383 Attorneys for Plaintiff 11 "I_,L~ ~,~ _ , 'h ,_~,- - , - """~-" '. VERIFICATION I, Robin E. Rowe, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATED: d- /r V,!([JI ~t.~ ROBIN E. ROWE - ,k~1fui;lli!O:.~i!C.~~",~ot&t;o'M;,-'!'I:'l&'!I":ili:;;\61,,,;W,,~;c,:k_,,~~-""';;,i< '_''''';!_~'>'';~''''.d."_",;,_"_","",*,,;,,_,,,.\\&~~ Z~e <:_Ii1-IJ ,1JT.mJIT!IlfIJ nn:,!,_Wl. _ ~~. .~.~~..m ,. '~"~~~'~'N" .~_ I.;~i'tr^~,-~~li:i"'l~~~~~!'~'-~~-- . ~~ - C) -- .-.J S1 ~G) t' -G... ~ ~ ~ h~ C3 e .~ ( I V' r~ J- C' f; ;:R(:' "L"r ;,: r~'- (/) /~ S(; ~~:~..; -=;; :? '"' . ~~, , . o C_? -" :"':"'1 CJ ''0 o --~ ""C:':Q ];"'."\ "-~~:' (7 '.. ..., ~f~. (:j ~'~ ;~~ "-i-) ?j 5:.1 -< "4" ~.::,... . , ;.-~--' ~~) .1::- - -~- ,~, ~.,..~~" ROBIN ELIZABETH ROWE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. 01-1004 Civil Term RANDY DAVID HODGES, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under section 3301(c) of the Divorce Code was filed on February 20, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. ~!Jl ki~ ~~ Robin tizabeth Rowe ( / 15~ol Dated: t7 ";:_!ll1i<I'@l,~M%1!;li~K.~IIUill.","'.;i"',0h'-_",W~,,""-\i!,.;,s;,_~I'I<',*"','''':''~~',~ "",;rL ,~[ .,=,^ 1.IiI __ ""C_ '," .,-~--,-",,~- ,'~"'_..,-,~ ",'-~"'- ,v . =- ~., ~" ~--"iiI~'~ ~~~ .'lil!~~Iili-""'-< -'li.!lllfdlllllllllll C) C S: -0-1"1": 0.1;';-; ..::' Zi':'- 05>. ~~~~ ~:> c." ~~~. ~ -< c:~ ;-:::: ---! J"-' c~' 2::::0> :J'l ,..-,. _'.J, ~ ROBIN ELIZABETH ROWE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. 01-1004 Civil Term RANDY DAVID HODGES, Defendant CIVIL ACTION ' LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(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! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is fIled with the Prothonotary . I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: ,t115--o J ~ ,.~ lJ _ ~, ," 'I""" 'L' ,-. ~l_~'_"-' ROBIN ELIZABETH ROWE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. 01-1004 Civil Term RANDY DAVID HODGES, Defendant CIVIL ACTION - LAW IN DNORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under section 330l(c) of the Divorce Code was f1led on February 20,2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date offiling 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. C/4~~ Dated: 0(1,r(V I .- ';Vj I: ;--j ROBIN ELIZABETH ROWE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. 01-1004 Civil Term RANDY DAVID HODGES, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(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 a copy of the Decree will be sent to me immediately after it is fJIed with the Prothonotary . I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: & /;~~I t t ~..r:;;;Y RandfD. odges ------------- - "~ ~~~ ~ ., .-. -"." ROBIN ELIZABETH ROWE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-1004 RANDY DAVID HODGES, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: The Social Security numbers of the above-captioned parties are as follows: Robin Elizabeth Rowe 198-44,7693 Randy David Hodges 193,58-9205 Respectfully submitted, REAGER & ADLER, PC Date:~ , ~ By: ~ C tor, Esquire ill #66708 2331 Market Street Camp Hill, P A 17011 717-763-1383 Counsel for Plaintiff -",-"""""""-",,,,.'-. """'... I~ " '1_1 ~,= '~" 0'- ~ ~jtl[jjj.lfJJlliL_i, ROBIN ELIZABETH ROWE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. 01-1004 Civil Term RANDY DAVID HODGES, Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Randy David Hodges, hereby accept service of the Complaint in Divorce in the above captioned matter. Date: 3/7/01 By:/l Rand - 'Ut.t~e".oi""\l'~~,,,,,t.1>Lwk~',,I;",;,,,,,,,,,,,,(;~,.I';;;-";-",,.i1'"~h>,''''",-,J.\H,i [m.L ",~' .~- ~~~",~~","^ ~, ~, "'"<';"-'~""'''' '.' '.'7-'" ,''''~'&f''-;;;;',*&--'~lli~*I~~~,",>>J_,;iU_~~J'''iI;';-jb~~~;,gIW'-!lII' , ~.,~ .\leU L,] ok_,' 0 <=> 0 C -q '$:' :::!!: "--I \JCL! :t:.\la ~J~ -n [nrn Z::':'O "" i t'p-.;:; (is;; ';":01 U1 ':')0 .''', j -<L:_ 2::iQ r;:O -0 ~ ') ;j? _.,~- 3: c} 2-; Z?-< >-~ r:- O>Tl C Z --{ "J> =< (,.) 5:') -< .