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HomeMy WebLinkAbout07-3147 HELEN WILDING, Plaintiff, Vs. RUSSELL R. RHOADS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ?'? No. n7 -.31 : 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 action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment 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 marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO 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. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800) 990-9108 HELEN WILDING, Plaintiff, VS. RUSSELL R. RHOADS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW : IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas seguientes, debe tomar accion con prontitud. se le avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por las Corte. una decision puede tambien ser emitida en su contra por caulquier otra queja o compensacion eclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County, One Courthouse Square, Carlisle, PA 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telefono (800) 990-9108 I 'S HELEN WILDING, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. ?7 - 1141 RUSSELL R. RHOADS, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Helen Wilding, by and through her counsel, Linda A. Clotfelter, who files this Complaint in Divorce and in support thereof states the following: 1. Plaintiff is Helen Wilding, (hereinafter "Plaintiff') an adult individual who resides at 1405 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Russell R. Rhoads (hereinafter "Defendant"), an adult individual who resides at 801 Lancelot Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been a bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this divorce Complaint. 4. Plaintiff and Defendant were married on September 14, 1997 in Cumberland County, Pennsylvania. 5. The parties have been separate and apart within the meaning of the Pennsylvania Domestic Relations Code since February 23, 2007. 6. There are no pending divorce proceedings upon the filing date of this Complaint. 7. Plaintiff avers that the marriage is irretrievably broken. Y 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Plaintiff does not desire counseling. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce and grant such other relief as this Court deems just and proper. Date: 5117/0-7 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Li Ada A. Clotfelter, Esquire A rney ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff HELEN WILDING, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. RUSSELL R. RHOADS, : CIVIL ACTION - LAW Defendant : IN DIVORCE VERIFICATION I, HELEN WILDING, verify that the statements in the foregoing COMPLAINT IN DIVORCE 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. § 4904, relating to unsworn falsification to authorities. Date: 1 HELEN WILDING, Plaintiff 0*6 F- W -t C 1 G:? W i? _ -lt I !? I HELEN WILDING, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-3147 RUSSELL R. RHOADS, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, counsel for Helen Wilding, do hereby affirm that the original return receipt of the Complaint for Divorce that was sent to Defendant by Certified Mail, Restricted Delivery, Return Receipt Requested, which appears to contain the signature of Defendant, Russell R. Rhoads, and signed on June 18, 2007, is set forth below. The undersigned understands that the statements herein are made subject to the penalties of 18 P.S. §4904 relating to unsworn falsification to authorities. ¦ Complete items 1. 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the cans to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: I ? . Rho 8a? Lwdct Pvcnukt n?CCSJaLn TH )q6ss A. Sign 13 X ? Agent ? Addressee B. ) C. Date of Delivery D. ivory address d from item 1? ? Yes YES, entsr?lelivery ad lxjbw: ? No co yd > J 9J 3. Serv" type %Cert>ned Mail ? Express Man ? Registered IKPewm Receipt fa Merdwmme ? Insured Mail U C.O.D. 4. Restricted Delivery? Pft Fee) 2. Article Number - (fransfer from service /abo 7001 2 510 0003 4439 8072 PS Form 3811, February 2004 Domestic Return Receipt 10259"2•M-1540 Respectfully submitted, Dated: it/ )14 1) :z LAW OFFICE OF LINDA A. CLOTFELTER L da A. Clotfelter, Esquire _Attorney ID No. 72963 5021 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff HELEN WILDING, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-3147 RUSSELL R. RHOADS, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this X" day of June, 2007, the undersigned hereby certifies that a true and correct copy of the foregoing AFFIDAVIT OF SERVICE was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Russell R. Rhoads 801 Lancelot Avenue Mechanicsburg, PA 17055 By: Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER 14nda A. Clotfelter, Esquire / ttorney ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff rl-I ?T .rrJr ? 1 "!y 4 .??qqyT a?in+? ? 2 t 1 ? ` HELEN WILDING, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-3147 RUSSELL R. RHOADS, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed May 23, 2007. 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 010 16 -7 ? C'? ? rt --; ...c ?? ? ?? ??? ? ?? _... ;;..h ter: F?_ c? ??? rr ? `? - jt ?`° r?? t "< HELEN WILDING, Plaintiff, VS. RUSSELL R. RHOADS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-3147 : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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 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: HELEN WILDING, Plaintiff ?a : ? ? ?::,: -rs x ???, ?s c"? T -,~s ? ? ? i ? ? `C7 _ ,., + ?- ? ::.?? ? HELEN WILDING, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-3147 RUSSELL R. RHOADS, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 23, 2007. 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: I O/A ?)7 RUSSELL R. RHOADS, Defendant .: ! -E ? -- r -. 0 c r, HELEN WILDING, Plaintiff, vs. RUSSELL R. RROADS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 47-3147 : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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 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 unworn falsification to authorities. Date: 41, 1 6/R //& I c X-- RUSSELL R. RHOADS, Defendant C"a v a ?T. `.ter. .n... t~Yj ? f GJ -? C7`" 67- 31 YI MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this qM day of , 2007, by and between, -09h bm HELEN WILDING, (hereinafter referred to as "Wife"), and RUSSELL IL RHOADS, (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, Husband and Wife, were lawfully married on September 14, 1997; and WHEREAS, the parties hereto have no minor children; and WHEREAS, the parties are now separate and apart within the meaning of the Pennsylvania Divorce Code; and WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each may reside at such place or places as he or she may select, free from all control, restraint, interference and authority, direct or indirect by the other. 0 -1- 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Wife has been represented in this matter by Linda A. Clotfelter, Esquire, and Husband has been informed that he has the right to independent legal counsel, but Husband has refused to hire counsel and feels that he is adequately represented in this proceeding. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, 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 improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of York County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the -2- Pennsylvania Rules of Civil Procedure. Each of the parties farther acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each parry agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable, and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. NiI3TUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the -3- dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. The parties acknowledge that Husband has filed a Complaint in the Court of Common Pleas in Cumberland County, Pennsylvania to Docket No. 07-3147- Civil Term. The parties agree that concurrent with the execution of this Agreement they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree so that either party may finalize the divorce action in a timely fashion. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. Upon completion of the divorce action, counsel obtaining a divorce decree shall supply to opposing party a copy of the Decree. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. EQUITABLE DISTRIBUTION. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the -4- Pennsylvania Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being affected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties, and shall be as follows: A. REAL ESTATE: i. Residence at 801 Lancelot Avenue, Mechanicsburg, Pennsylvania: The parties acknowledge that the jointly titled real estate situate at 801 Lancelot Avenue, Mechanicsburg, Pennsylvania, (hereinafter referred to as the "Marital Real Estate"), was purchased during the marriage and has most recently been used as a residence by Husband. It is also acknowledged that the Marital Real Estate is titled in joint names and /??O 0 is presently encumbered by one (1) mortgage held by , , which has an approximate current principle balance owed of $ no, DOD. The parties have agreed that Husband shall retain the Marital Real Estate and Wife shall waive any and all rights that she may have had, she may now have, or she may have in the future in the Marital Real Estate, including but not limited to those rights pursuant to the equitable distribution provisions of the Pennsylvania Divorce Code upon Husband's refinance of the mortgage on the Marital Real Estate. The parties agree that Husband and Wife shall execute a deed at or about the time of Husband's refinance of the mortgage on the Marital Real Estate, conveying the Marital Real Estate from both parties to Husband's name alone. The parties also agree upon the following: a. Husband's occupancy. The parties agree that Husband shall be entitled to exclusive use of the Marital Real Estate. It is further agreed that Husband shall be solely -5- responsible for all other expenses relating to the Marital Real Estate, including, but not limited to, real estate taxes, insurance, utilities and he shall hold Wife harmless for same. It is further agreed that all household utility accounts not in Husband's name alone, shall be transferred to Husband's name alone within ten (10) days of the execution of this Agreement. b. Husband's refinance. Husband agrees to apply to refinance the mortgage such that Wife is relieved of any and all liability from same on or before twelve (12) months from the date of distribution of this Agreement. Husband shall be solely responsible for any and all costs associated with his refinance of the mortgage pursuant to this Agreement. C. Distribution of Proceeds upon Sale. If the Marital Real Estate is sold to a third party, upon settlement, the net proceeds derived, after payment of the mortgage and all other normal and reasonable settlement costs, shall be distributed to Husband. B. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY: The parties acknowledge that the have already distributed to their mutual satisfaction their household goods and personal property, with the exception of the personal property designated to Wife that remains in the Marital Real Estate. It is agreed neither party shall make any claim to any such items of marital property which are now in the possession and/or under the control of the other with the exception of Wife's personal property that remains stored in the Marital Real Estate. It is specifically agreed that Wife shall remove her personal property from the Marital Real Estate within thirty (30) days of the date of execution of this Agreement. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, it is physically in the possession or control of the party at the time of the signing of this Agreement or in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or -6- certificate of insurance or other similar writing is in the possession or control of the party. C. MOTOR VEHICLES: Each party shall retain the exclusive use and possession of the motor vehicle in his or her possession. Each shall be fully and solely responsible for any and all financial or other obligations associated with the vehicle(s) to be retained by him her and he or she agrees to indemnify and hold harmless the other party from any and all liability for same. Each party agrees to obtain and maintain the necessary automobile insurance with no lapse in coverage and each party agrees to execute upon request the title or other documentation if necessary to effectuate the terms of this paragraph as provided herein. D. PENSION, PROFIT-SHARING, RETIREMENT, OR OTHER PLANS RELATED TO EMPLOYMENT: The parties acknowledge that they had full disclosure of the values of any retirement or employment-related accounts that they have and they are satisfied with the values utilized in the negotiation of the complete distribution scheme of this Agreement. Accordingly, the parties specifically agree that each party shall retain the pension, profit-sharing, retirement, or other plans related to employment in his or her name and the other party shall waive any and all rights he or she may have to same. Each party's accounts, whether acquired through said party's employment or otherwise, shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried and each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any retirement plans of the other party, whether acquired through said party's employment or otherwise. The parties also -7- agree to cooperate fully in effectuating the terms of this paragraph by signing any and all documents that may be required. If either parry withdraws any sums from the retirement plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. E. DISTRIBUTION OF CASH ASSETS, STOCKS AND BONDS AND INVESTMENT ACCOUNTS: The parties agree that they have distributed to each, to their mutual satisfaction, the sums deposited in the marital bank accounts and other similar accounts. The parties further agree that they shall retain as their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names. If either party remains upon an account to be retained by the other party, the parties agree that they shall take all steps that are necessary to title the account to a sole name within thirty (30) days of the date of this Agreement. F. CASH PAYMENT: The parties agree that Wife shall pay to Husband the lump sum cash payment the sum of $25,000.00 in consideration of the entire scheme of equitable distribution in this Agreement. The payment to Husband by Wife shall occur on or before thirty (30) days from the date of execution of this Agreement. It is noted by the parties that the payment to Husband by Wife is in consideration of the entire equitable distribution scheme agreed upon by the parties and is fair an equitable under the specific circumstance of this proceeding. G. LIFE INSURANCE: The parties agree that each shall retain any and all life insurance policies in his or her name without claim by the other party and those assets shall be that party's sole and separate property. There shall be no restrictions on either -8- party regarding designations of beneficiaries nor shall there be any other limitations regarding the financing, continuation, or termination of any life insurance policies held by either of the parties. H. MISCELLANEOUS PROPERTY: As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession after the expiration of thirty (30) days from the date of execution of this Agreement. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. 1. PROPERTY TO WIFE: The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. J. PROPERTY TO HUSBAND: The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. -9- 8. 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 debt or obligation 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 she 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. The parties also agree to the following: a. Marital Debt. During the course of the marriage, Husband and Wife have incurred certain bills and obligations that are marital debt. It is their specific desire to address a distribution of those debts herein. The parties agree that each party shall retain as his or her sole and separate obligation the marital debt as described in this section. b. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt as of the date of execution of this Agreement. C. Husband's debts: Husband shall be solely responsible for the following bills and debts: 1. Mortgage: The mortgage held by loeV?ct-OA and any costs that may incurred in the refinancing of the mortgage as referenced in Paragraph 7(A), herein. 2. Real Estate Expenses: Any and all expenses associated with the Real Estate as referenced in Paragraph 7(A), herein; 3. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name, and not otherwise provided for herein. d. Wife's Debts: Wife shall be solely responsible for the following bills and debts: -lo- 1. Credit Card Debt: Wife agrees to be solely responsible for the marital credit card debt incurred during the marriage on the Circuit City, Walmart, and Home Depot credit accounts despite the fact that Husband is retaining the personal property related the charges. 2. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. e. Indemnification: Each parry agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. This includes but is not limited to any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. f. No Further Charges on Joint Debts: Neither party shall make any further charges on any joint debt for which the other party may be responsible, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay same. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. g. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. 9. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. Both parties agree that, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. -11- 10. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. The parties hereto agree to waive spousal support/alimony pendnete lite and/or alimony. The parties acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from the other party. In the event that either of the parties shall seek a modification of the terms of this paragraph, or in the event that Wife makes any claim for spousal support or alimony other than as provided for by the terms of this Agreement, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including counsel fees and costs. Husband and Wife hereby expressly waive, discharge and release any and all other rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance -12- or other like benefits resulting from the parties' status as husband and wife, except those right addressed herein. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 11. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 12. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution schemes, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the -13- other parry continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 13. WAIVER OF CLAIMS. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 14. PRESERVATION OF RECORDS. Each parry will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each parry will allow the other party access to those records in the event of tax audits. 15. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws; there are no such proceedings pending with respect to them which have been initiated by others; and they agree not to file a bankruptcy action prior to the completion of their respective obligations of this Agreement. It is stipulated and agreed by the parties that any payment made by one party to or for the benefit of the other party, including the direct payment of marital debt addressed in this Agreement, shall be deemed to be in the nature of support and maintenance and shall not be dischargeable in bankruptcy. The parties acknowledge that the payments and other terms of this Agreement are necessary for the parties to meet their financial obligations and to support and maintain their standard of living. Also, if either party files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations in the nature of maintenance and support are not dischargeable under current bankruptcy law or under any amendment thereto and -14- the parties agree to consent to any motion filed requesting that the bankruptcy courts abstain from deciding the dischargeability of the obligations in order to allow the appropriate Court of Common Pleas to rule upon this issue. 16. COUNSEL FEES AND COSTS. Husband and Wife each agree to be responsible for their own attorney's fees and costs incurred with respect to the negotiation and drafting of this Marital Settlement Agreement and the divorce proceedings related thereto. 17. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 18. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 19. BREACH. If either party breaches any provision of this Agreement, the other party shall have the following rights and remedies, at his or her election, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: a. Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. b. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. 789 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. -15- d. Other Remedies: Any other remedies provided for in law or in equity. e. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforce by the non-breaching party. 20. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 21. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 22. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last parry to execute this Agreement. 23. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 24. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. -16- 25. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 26. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 27. ENTIRE AGREEMENT. Each parry acknowledges that he or she has carefully read this Agreement; that he or she has sought sufficient legal advice from legal counsel of his or her own choice, if any, and has executed it voluntarily and in reliance upon his or her own attorney, if any; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 28. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 29. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into -17- said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 30. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. SS __z CZ2 WITNESS RUSSELL R. RHOADS -18- Lazl /A/? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this q r'-- day of 2007, before me, the undersigned officer, personally appeared HELEN WILDING, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. T"-Zp' COMMONWEALTH OF PENNSYLVANIA COUNTY OF NOTARYIL sEAI C Joeevh L. Own, ?r PubNc wr.r M cwna.rNnd Countb? a On this 'T Tkk' day of 2007 before me, the undersigned officer, personally appeared RUSSELL R. RHOADS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYWAIWA NOTMM SEAL Joseph L Grove, Notary Pubhe Saver Spring Twp.. Cumberland County L-1* Qwm*slon &MOM Juno 18 , 2009 mentm. Fw.* wnioArocloNond -19- .?.. .? ....?,.r.., 3r1 +t".++r"r? ? ? _ ?. h'x"ti" 4a .? ?f""1 P ..-# -;-.f i l'7 ?J? +, . ""S ,. ?' ? HELEN WILDING, : IN THE COURT OF COMMON PLEAS OF plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-3147 RUSSELL R. RHOADS, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. The Complaint was filed on May 23, 2007. 3. Date and manner of Service of the Complaint: June 18, 2007, by Certified Mail, Restricted Delivery, Return Receipt Requested as per the Affidavit of Service filed on June 27, 2006. 4. The Plaintiffs Affidavit of Consent was executed by the Plaintiff on October 10, 2007, and filed on October 12, 2007. The Defendant's Affidavit of Consent was executed on October 22, 20075 and filed on October 23, 2007. 5. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on October 10, 2007, and said waiver was filed on October 12, 2007. Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on October 22, 2007, and said waiver was filed on October 23, 2007. 6. There are no relaxed claims pending. The parties have resolved all related issues by written Marital Settlement Agreement dated October 9, 2007, which will be incorporated into the Divorce Decree as per Paragraph 29 on page 17 of the Agreement. Respectfully submitted, Date:. Jj LAW FIRM OF LINDA A. CLOTFELTER L da A. ter' -Esqune orney I.D. No. 72963 021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. HELEN WILDING, Plaintiff VERSUS RUSSELL R. RHOADS. Defendant No. DECREE IN DIVORCE 07-3147 CWIL j?I'?'1 ' .x-/6:3.r AND NOW, 2007 IT IS ORDERED AND HELEN WILDING DECREED THAT AND RUSSELL R. RHOADS ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement of the parties dated October 9, 2007, shall be incorporated herein, but not merged, for the purposes of enforcement only, as per paragraph 29 on <7 of the Marital Settlement Agreement. Bf T ATTEST: J. let. 47 PROTHONOTARY • II pL? 60. UY . ??