Loading...
HomeMy WebLinkAbout03-2423IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHARLENE RODENHABER, Plaintiff HERBERT RODENHABER, Defendant NO. 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 THE 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, 1 COURTHOUSE SQUARE, CARLISLE, PA 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHARLENE RODENHABER, Plaintiff HERBERT RODENHABER, Defendant NO. CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER y RECLAMAR DERECIIOS USTED HA SIDO DENIANDADO EN LA CORTE. Si dcsca defenderse de las quejas cxpucstas cn las paginas signientes. Debe tomar accion con prontitud. Se 1¢ avisa que Si nose d¢fiende, el caso pucde procedcr sin usted y d¢creto de divorcio o anniarniento puede scr cmitido en su contra por la Corte. Una decision pucd¢ tambien scr crnitida en su contra por cuaiquicr otra queja o compensacion reclamados por el dcmandante. Ustcd pued¢ perder dinero, o propicdades u otros dcr¢chos importantes para ustcd. Cuando la base para el divorcio cs indignidadcs 0 rompimiento irrparable del matrimonio, usted pued¢ solicitar conscjo matrimonial. Una lista de consejcros matrimoniales esta disponibl¢ cn la oficina del Prothonotary, en la CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROP1EDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QLE EL DECRETO FINAL DE DIVORCJO O ANULAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERCHO A RECLAMAR CUALQUERA DL ELLOS. USTED DEBE LUEVAR ESTE PAPEL A LN ABOGADO DL INMEDIATO. SI NO TIENE O NO PLEDE PAGAR UN ABOGADO. VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHARLENE RODENHABER, Plaintiff VS. HERBERT RODENHABER, Defendant NO. t33 - CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIV RCE UNDER TI N 301 c AND NOW, comes Charlene Rodenhaber, by and through her attorney, Bradley A. Winnick, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint in Divorce and in support thereof, avers as follows: 1. The Plaintiff is Charlene Rodenhaber, who currently resides at 106 Round Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania, since September 2002. 2. The Defendant is Herbert Rodenhaber, who currently resides at 2311 North Front Street, Harrisburg, Dauphin County, Pennsylvania, since March 2003. 3. There is one minor child of the parties: Hannah Rodenhaber, born February 24, 2001. 4. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married October 9, 1993, in Schuylkill County, Pennsylvania. 6. There have been no prior actions of divorce or annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. The parties have not entered into a written agreement as to alimony, counsel fees, costs, and property division. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the fight to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 10. The cause of action and section of the Divorce Code under which Plaintiff is proceeding is: (a) §3301 (c). The marriage of the parties is irretrievably broken. 11. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the Court enter an Order dissolving the marriage between Plaintiff and Defendant COUNT H -- CUSTODY 12. Paragraphs 1 through 11 incorporated herein by reference as though set forth in full. 13. Plaintiff is Charlene Rodenhaber, residing at 106 Round Ridge Road, Mechanicsburg, Pennsylvania, since September 2002. 14. Defendant is Herbert Rodenhaber, residing at 2311 North Front Street, Harrisburg, Pennsylvania, since March 2003. 15. Plaintiff seeks custody of the following child: Hannah Rodenhaber, date of birth, February 24, 2001. The child was born during the marriage. 16. The child is presently in the custody of Plaintiff. 17. Since the minor child's birth, the child has resided at the following locations and with the following persons: A. 968 Limekiln Road, New Cumberland, Cumberland County, Pennsylvania, with Plaimiff and Defendant from birth until September 2002. B. 106 Round Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania, with Plaintiff and Defendant from September 2002 until March 2003. C. 106 Round Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania, with Plaintiff from March 2003 until presem. 18. The relationship of Plaintiff to the child is mother. 19. The relationship of Defendant to the child is father. 20. Plaintiff is married and resides with her daughter, Hannah Rodenhaber. 21. Defendant is married and resides alone. 22. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or another court. 23. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 24. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 25. The best interests and Permanent welfare of the child will be served by granting primary physical custody of the child to Plaintiff and partial physical custody of the child to Defendant. 26. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as party to this action. WHEREFORE, Plaintiff requests This Honorable Court to grant her primary physical custody of the minor child. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. Bradleffj~. Winnick, Esquire 1 SoutlfBaltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 78413 VERIFICATION I, Charlene Rodenhaber, verify that the statements made in this document 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. CS. §4904, relating to unsworn falsification to authorities. CHARLENE RODENHABER Plaintiff CHARLENE RODENHABER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : 03-2423 CIVIL ACTION LAW HERBERT RODENHABER DEFENDANT : IN CUSTODY ORDER OFCOURT AND NOW, Monday, June 02, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, July 18, 2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children a~e five or older may also be present at the conference. Failure to almear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FORTHECOURT. Is~ Hubert X. GJlrovt Esq.~ By: Custody Conciliator The Court of Conunon Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this /q'~ day of , ~o ~ ,2003, by and between CHARLENE RODENHABER, of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and HERBERT RODENHABER, of Harrisburg, Dauphin County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, thc parties were married on October 9, 1993, in Schuylkill County, Pennsylvania; WHEREAS, the following child was bom of the marriage: Hannah Rodenhaber, born February 24, 2001; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective fin~ancial and property rights and obligations as between each other, [p_eluding, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinatler 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 hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be flee fiom interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor cowq~el the other to cohabitate with the other, or in any way harass or n~lign the other, nor in any way interfere with the peaceful existence, separate and apart fiom the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall 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 differenoes. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cham~land County, Pennsylvania, chiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce he obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreemem and all of its covenants shall not he affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to he forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereioatter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this 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. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony paymems, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: HUSBAND and WIFE each do 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 fi:om any and all rights, title and interest, or claims in or against the property (including income and gain from property hereaRer accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy 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 a 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 country or any fights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the m~arital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give 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 hereafter 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. It is further agreed that this Agreemem shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: This Agreement has been prepared by Bradley A. Winnlck, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., counsel for WIFE, and WIFE acknowledges that she has si~mx~d said Agreement freely and voluntarily after full consultation with her counsel. HUSBAND acknowledges that at no time has Attorney Winnick offered legal advice to him or acted in any manner as his legal representative. HUSBAND further acknowledges his right to obtain counsel of his own choosing, and to have said counsel assist him in any manner related to the instant Agreement. By executing this Agreement, HUSBAND expresses his understanding of those rights and explicitly waives the right to counsel HUSBAND acknowledges that he has signed said Agreement freely and voluntarily. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or i~p, oper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure oftheir respective assets, estate, liabilities, and sotuvx~ of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party n~ay be responsa'ble or liable except as may be provided for in this Agreement. Each party agrees to inden-a~fy and hold the other party harmless ~om and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of thc other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other a~er the exeeution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party wJ]l make any claim to any such items which are now in the possession or under the control of the other. By these presems, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shah become the sole and separate property of the other l~om the date of execution hereof. 12. DMSION OF REAL PROPERTY: The parties jointly own the marital residence siO~te at 106 Round Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania~ It is agreed that a coat~-~ct for the sale of said residence was entered into on May 28, 2003, and that both parties will cooperate in t~ing whatever steps are necessary to effectuate the sale of the residence. Until such time as the residence is actually sold, WIFE shall enjoy the exclusive possession thereof. The proceeds of the sale shall satis~, to the fuflest extent possible, the outstanding mortgage on the property with Citi Mortgage. Should the sale result in a deficiency, it is agreed that HUSBAND shall be x~ponsa~ole for sixty percent (60°,4) of said deficiency. Likewise., should the sale result in a surplus, it is agreed that WIFE shall be entitled to sixty percent (60%) of said surplus funds. The above- detailed distribution is agreed to in light of the expense incurred by WIFE in preparing the property for sale. Until such thne as the residence is sold and WIFE vacates said premises, HUSBAND agrees to pay to WIFE the sum of $365.00 every other week as contnlmtion to the mortgage and various household expenses. It is further agreed that the parties shall share equally in any retired resulting fiom the distribution of fimds held in escrow for the payment of real estate taxes. 13. BANK ACCOUNTS: HUSBAND mad WIFE acknowledge that they do not possess any bank accounts or the like in both of their names. They hereby agree that each shall become sole owner oftheir reslx~ive accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 14. PENSIONS, ANNUITIES AND/OR RETIREMENT BENEFITS: Both parties hereby waive any right, title or interest they n'ay have in any retirement or pension plan owned by the other party. It is acknowledged that both parties are the owners of 401 (k) programs of approximately equal values. Furthermore, WIFE is the holder of 2,600 Rite Aid stock options through her employment at that company. HUSBAND agrees to waive any interest he may have therein and WIFE shall remain the sole and exclusive owner of said stock options. 15. MOTOR VEHICLES: WIFE shall become the sole and exclusive owner of the 2002 Saturn currently in her possession and titled in her name. WIFE shall remaio solely responsible for any payments owed on said vehicle and shall indewnify and hold HUSBAND harmless fi.om any liability from her failure to make proper payment thereupon. HUSBAND shall become the sole and exclusive owner of the 1998 Ford Ranger currently in his possession and titled in joint names. WIFE shall sign any documents necessary to give full force and effect to this paragraph. HUSBAND shall remain solely respons~le for any paymems owed on said vehicle and shall indenmify and hold WIFE harmless fi.om any liability fi.om his failure to make proper payments thereupon. 16. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereatter own and enjoy, independently of any claim or right of the other, aH items of 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 aH respects and for all purposes as though he or she were unmarried. 17. HEALTH INSURANCE: It is acknowledged that heretofore WIFE has provided health insurance to HUSBAND through her employment. It is agreed that WIFE will continue to provide health insurance to HUSBAND until such time that a divorce decree is issued. However, should a divorce decree not be issued within mety (90) days of the effective date of this Agreement WIFE shall be entitled to terminate HUSBAND's health insurance coverage and HUSBAND shall thereatter he responsible for his own health insurance. 18. LHZE INSURANCE: Each side shall remain the sole and exclusive owner of any life insurance policy currently in their name, and shall be free to make any amendments to said policy or to dispose of said policy in any manner he or she deems appropriate. It is acknowledged that HUSBAND is the owner of a life insurance policy with Veteran's Life Insurance Company, and that WIFE agrees to waive any interest she may have in said policy or any cash value thereof. Likewise, each party possesses life insurance policies through their employment to which the other party hereby agrees to waive any marital interest thereim 19. INCOME TAX: The parties have heretofore filed joint Federal and State tax returns. HUSBAND and WIFE agree to file separate tax returns beginning with the tax year 2003. Both parties agree that in the evem any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each wil/indemnify and hold hasmless the other fi.om and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 20. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinatter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and eanse to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 21. WAIVER OF ALIMONY: Except as otherwise provided herein, HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maimenanee, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration ofthe transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spotrsal support, counsel fees and court costs. 22. MARITAL DEBT: It is agreed that the parties have accumulated debt during the marriage and that said debt shall be divided in the following ~: a) Value City - it is agreed that the debt of approximately $1,677.00 which existed upon the separation of the parties has been satisfied by WIFE; b) Kohl's - WIFE shall maintain responsibility for payment of this credit card with an approximate balance of $200.00; c) Capital One MasterCard- WIFE shall maintain responsibility for payment of this credit card with an approximate balance of $3,300.00; d) Household Mastercard - WIFE shall maintain responsibility for payment of this credit card with an approximate balance of $1,900.00; and e) Members 1st Personal Loan - HUSBAND shall maintain responsibility for payment of this loan with an approximate balance of $7,889.00. Each party agrees to indemnify and hold harmless the other for any failure to make proper payments upon any debt for which he or she is assuming responsibility under this Agreement. 23. EFFECT OF DIVORCE DECREE: The parties agree that, except as othenvise specifically provided herein, this Agreement shall continue in full force and effect at~er such time as a final Decree in Divorce may be entered with respect to the parties. 24. BREACH: Ifeither party breaches any provision of this Agreeraent, the other party shall have the fight, 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, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enfoming their rights under this Agreement. 25. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, utlder the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance., widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as adminlgtrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may he necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claimg~ 26. ENTIRE AGREEMENT: This Agreement contains the entire understanding oftbe parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 28. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to tune, at the request ofthe other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 29. 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. 30. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 31. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy oftbe fnmx~ial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any t'are prior to the date &execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date ofthe within Agreemem is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Co,,mion Pleas of Cumberland County to make equitable distntmtion of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 32. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or s'unilar nature. 33. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 34. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Penn.qylvania and more specifically trader the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. WIT,S CHARLENE liODENHABER (SEAL) HERBERT RODENHABER COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK : SS. : On this, !q-]~day of kn ' t~o me t ,2003 before me a Notary Public, personally appeared Charlene Rodenlmber, o be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand~ official seal. 7o yPu ¢C j , ~.a..wn Gladfeltor, NOtary Pt L~y Commissi~n E'~'i __ xpres May 17 COMMONWEALTH OF PENNSYLVANIA : : SS. : On this, the i~ day of ~_~ ~ , 2003 before me, a Notary Public, personally appeared Herbext Rodenhabcr, known to me to bc thc person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein 1N WITNESS WHEREOF, I hereunto set my hand ad official seal. [ y~r~, a.~n county I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHARLENE RODENHABER, Plaintiff VS. HERBERT RODENHABER, Defendant NO. 03-2423 CML ACTION - LAW IN CUSTODY AGREEMENT AND STIPULATION OF CUSTODY AND NOW, this. Iq'P~ day of ~,~ _, 2003, Charlene Rodenhaber of Mechanicsburg, Cumberland County, Pennsylvania (hereinafiler referred to as "Mother"), and Herbert Rodenhaber of Harrisburg, Dauphin County, Penmylvania (hereina~er referred to as "Father"), having reached an agreement to mutually settle and resolve the issues of custody of their minor child, Hannah Rodenhaber, date of birth, February 24, 2001, desire to legally obligate themselves to adhere to the terms of said Agreement: WHEREAS Charlene Rodenhaher is the natural mother of said minor child; and WHEREAS Herbert Rodenhaher is the natural father of said minor child; and WHEREAS Mother filed a Custody Comp/aint in the cumberland County Court of Common Pleas at thc above-captioned docket on May 22, 2003; and WHEREAS the parties have not yet attended a Custody Conciliation Conference; and WHEREAS the parties, having reached an agreemem regarding custody prior to the trial, ore desirous of avoiding further legal proceedings and are desirous of emering into a custody Stipulation for erra'y as a court Order. NOW, THEREFORE, it is hereby agreed and stipulated[ by and between Mother and Father as follows: 1. The parties shall share legal custody of the minor child. 2. Mother shall have primary physical custody of the minor child. Father shall have periods of partial physical custody of the minor child at such times and for such duration as is mutually agreed upon by the parties. 3. M°ther and Father shall share holidays in a manr~r to be mutually agreed upon by the parties. 4. The parties agree that this Agreement and Stipuhfion of Custody shall be submitted to the Cumberland County Court of Comnmn Pleas for entry as', a Custody Order. 5. Both parties acknowledge that they have entered into this Agreement and Stipulation of Custody volumar~ and aller commlfing with their respective counsel. It is hereby acknowledged that the failure of either party to consult with the counsel of their choice constitutes a voluntary and intelligem waiver of that right, and the instant Agreement is not entered into by means of duress or undue influence. IN WITNESS WHEREOF, the parties hereto have set thek hands and seals the day and year first above written. Charlene Rodefihaber, Plaintiff Herbert Rodenhaber, Defendant Bradl~ ~[. Winnick, Esquire Attorh~ for Pla/ntiff Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHARLENE RODENHABER, Plaintiff HERBERT RODENHABER, De~ndant NO. 03-2423 CIVIL ACTION - LAW IN CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this ~O'~y of ~ , 2003, upon consideration of the foregoing Stipulation and motion of Bradley A. Winnick, Esquire, counsel for Plaintiff, Charlene Rodenhaber, and Defendant, Herbert Rodenhaber, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulatk~n, dated ~}~,'~< /'~ , ~00J, 2003, are adopted as an Order of Court as if set forth herein at length. ,J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CHARLENE RODENHABER, Plaintiff VS. HERBERT RODENHABER, Defendant NO. 03-2423 CIVIL ACTION - LAW IN CUSTODY ACCEPTANCE OF SERVICE I acknowledge that I received Plaintiff's Divorce and Custody Complaint with regard to the above captioned matter on x._'~AD~ ~-e ,2003, which service satisfies the requirement of Pennsylvania Rules of Civil Procedure. Date: ~---~-~ ;~C)_.~ Herbert Rodenhaber Address City, State, Zip IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY~ PENN~;YLVANIA CHARLENE RODENHABER, Plaintiff HERBERT ROD ENHA!~ER, Defendant NO. 03-2423 CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on May 22, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of £'.ing and service of the Complaint. 3. I consent to the cnW 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 tree and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date HERBERT RODENHABER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLENE RODENHABER, Plaintiff VS. HERBERT RODENHABER, Defendant NO. 03-2423 CIVIL ACTION - LAW IN CUSTODY WAIVER OF NOTICE OF INTENTION 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 without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses ifI do not claim them beibre 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date HERBERT RODENHABER Defendant IN "THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PF. NN-~YLVANIA CHARLENE RODENHABER, Plaintiff VS. HERBERT RODENHABER, Defendant NO. 03-2423 CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF CONSENT. 1. A complaint in Diverce under §3301(c) of the Divorce Code was filed on May 22, 2003. 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 ~n this affidawt are tru. and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date CHARLENE RO~"ENHABER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLENE RODENHABER, Plaintiff VS. HERBERT RODENHABER, Defendant NO. 03-2423 CIVIL ACTION - LAW IN CUSTODY WAIVER OF NOTICE OF INTENTION 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 without notice. 2. 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. 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date ~='HARLENE R~)I~ENHABER Plaintiff SEP 1! 7_003 CHARLENE RODENHABER, Plaintiff V HERBERT RODENHABER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW : : NO. 2003 - 2423 CIVIL : IN CUSTODY COURTO~ER AND NOW, this /~ ~ __ day of September, 2003, the conciliator being advised the parties have reached an agreement, the conciliator relinquishes jurisdiction. BY THE COURT', ~ sbteor~yX~ oGnicl ~aYt ¢ IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA CHARLENE RODENHABER, Plaintiff VS. HERBERT RODENHABER, Defendant NO. 03-2423 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO TRANSMIT RECORD TO THEPROTHONOTARY: Transmit the record, together with the following information, to the Courtfor entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: By U.S. Mail. regular delivery, on or about June 5, 2003. An Acceptance of Service signed by the Defendant on June 26, 2003 was filed with the Court on July 1. 2003, acknowledging receipt of the Complaint on June 6, 2003. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: September 6, 2003; By Defendant: September 2003. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: All related claims were resolved by a Marital Settlement Agreement dated June 19, 2003. Said Marital Settlement Agreement was filed with the Court on June 3, 2003. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce wasfiled with the Prothonotary: Filed: September 15, 2003: Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Filed: September 11, 2003. Date: /0 /~ /O3 By: BA~rW~l an~in~;fE s q uir e IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE Of ~ CHARLENE RODENHABER, Plaintiff NO. PENNA. 03-2423 Civil Term VERSUS HERBERT RODENHABER, Defendant AND NOW, DECREED THAT AND DECREE IN DIVORCE CHARLENE RODENHABER HERBERT RODENHABER , --20J~, IT IS ORDERED AND __, PLAINTIFF, , 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 f'OR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms and provisions of the Marital Settlement Agreement signed by both parties on June 1 but not merged in the Decre~f Divor. ce~nd the parties. BY THE~ are hereby incorporated remain binding upon