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HomeMy WebLinkAbout03-4131 v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 -,l.fJ'J.l ~jc.>J....<-Y-~ LEE D. RODGERS, Plaintiff LINDA S, RODGERS, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in 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 ofthe Prothonotary at the Cumberland County Courthouse, 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, PAl 7013 (717) 249-3166 c~file~ Attorney for Plaintiff LEE D. RODGERS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03 -.<//3/ Cl,'uLl'-r~ LINDA S, RODGERS, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiffis LEE D. RODGERS, who currently resides at 401 W. Simpson Street, Apartment B, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is LINDA S. RODGERS who presently resides at 102 Orchard Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 4, 1985, in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member ofthe Armed Services ofthe United States of America. 8. Plaintiff avers that there is one child of the parties under the age of eighteen. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNTl REOUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. II. The marriage of the parties is irretrievably broken. 12. The parties have been living separate and apart since on or about June 20,2000. COUNT II EOUlTABLE DISTRIBUTION OF PROPERTY 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The parties have acquired certain property and assets which constitute marital property. 15. In the event the parties are unable to resolve distribution of marital property by way of an agreement, then this Honorable Court is authorized to equitably divide, distribute or assign marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Honorable Court to: a) enter a decree dissolving the marriage between Plaintiff and Defendant; b) equitably distributing all marital property pursuant to section 3502 of the Divorce Code. Respectfully Submitted, By4~~wre Supreme Court ID# 86889 Attorney for Plaintiff 10 1 South Market Street Mechanicsburg, Pennsylvania 17055 (717) 790-5451 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Lee D. Rodgers Date: 1Zf? fJ~Q. (' J::)(.) ~ .co.. - ~~ 0..0 C> o p . .) V) ,~ d ~- C' 0- - ..t::. I ~ ~b If' P- J~ G Q L ~;:. -"0" rT'iF', 2_T" ze" al,,':. --<~ ~ '<. ""~ J:;.("' "--t" J>{:, ~.:~')l .<. f.J c:-. G> o orl 8 'r:to - "'j ::;:; i""'-' f"',,-, , ,1 t~) '-':'~T1'~ ~") -'(") "-",' rTl , , :-::, -r~ :0,-, =< _J.~ :::... LEE D. RODGERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-4131 Civil Term LINDA S. RODGERS, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Christopher J. Keller, Esquire, hereby certity that I have served the Defendant, LINDA S. RODGERS, with a copy of the divorce complaint on September 10, 2003, by certified mail number 7003 1010 0000 8131 2597 as evidenced by the attached original United States mail return receipt. 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.A. 94904, relating to unsworn falsification to authorities. ~J%~~ Supreme Court ID# 86889 Attorney for Plaintiff 101 South Market Street Mechanicsburg, PelIDsylvania 17055 (717) 790-5451 7003 1010 0000 . '1111 II ~I '~'l-.q. 1Ii.1 >:;'i{',,;~'r,:' C) c:- -Ct' qJI <- ~:). r::L ~t "'" :? \0 <::) (~) ~-~ ~_t) -71 , 1] c..;; --(I (") -;-1 ;.';f l, i"n ~ LEE D. RODGERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03-4131 CIVIL TERM LINDA S. RODGERS, Defendant CIVIL ACTION - LAW DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for and on behalf of Linda S. Rodgers, the Defendant in the above divorce action. Date: May 11, 2006 M~~~ Attorney I.D. No. 06353 219 East Main Street P.O. Box 230 Mechanicsburg, Pennsylvania 17055 (717) 691-7770 Attorney for Defendant LAW OFFICES MARLIN R. McCALEB ./ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Praecipe for Entry of Appearance was served upon the Plaintiff herein, or his attorney, on May 11, 2006, by depositing same in the mail at the United States Post Office at Mechanicsburg, Pennsylvania, postage prepaid, properly addressed as follows: James A. Miller, Esquire Miller Lipsitt LLC 2157 Market Street Camp Hill, PA 17011 d,~~ Marlin R. McCaleb LAW OFFICES MARLIN R. McCALEB (") c -,.. s,.. '"U rr:~ rnu.' Z." zc. ~;~. '<~ ~'C .ZC) )>c: ~ '" = c:::> c:r- ::B: :x:a- -c:: ~ ~-n m- -oh1 ~)9 GC) --1 '-i I-n (~C) OITl -..1 ~ -0 ::z: - .. r (1'\ vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4131 CIVIL TERM CIVIL ACTION - LAW DIVORCE LEE D. RODGERS, Plaintiff LINDA S. RODGERS, Defendant Al'l'm",v.rT 01' COHBBHT 1. A Complaint in.D!vorce under Section 3301(C) of the Divorce Code was filed on August 22, 2003, and served on Defendant by certified mail, on September 10, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of . final decree of divorce after service of notice of intention to request entry l,f the decree. 4. I am not a member of the armed forces, nor in ~ctive military service, of the United States of America or the Commonwealth of Pennsylvania or any other state or country. 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. J Date: 2i116 i ~....j c::: -:-"-; --I ~~ \:.~) 1',-) .! VB. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-.131 CIVIL TERM CIVIL ACTION - LAW DIVORCE LEE D. RODGERS, Plaintiff LINDA S. RODGERS, Defendant _rID. 01' lIOT:IeII 01' :Ih:LUT.IOH ro UO'D'JIST IDITRY 0'1 A I)TVORt!. n...... mm_ .3301 Ie) 0'1 TRB nrvoRC. COD. 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 sane to me immediately after it is filed with the Prothonotary, I verify that the statements made in this affidavie are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section S4904, to authorities. relating to unsworn falsification Dat.. ~ \ll,Jo~ ~ Lee D Rodgers, Plaintiff o. c_ --:-1 r,.-, C.~) :....:, LEE D. RODGERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 03-4131 CIVIL TERM LINDA S. RODGERS, Defendant CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 22, 2003, and served on Defendant by certified mail, on September 10, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I am not a member of the armed forces, nor in active military service, of the United States of America or the Commonwealth of Pennsylvania or any other state or country. 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; ~~ ~'t-, 2006 ~ ? (\,,~ inda . Rodger Defendant LAW OFFICES MARLIN R. McCALEB ::::! ,., c;. C'" LEE D. RODGERS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4131 CIVIL TERM LINDA S. RODGERS, Defendant CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301 (0) 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. Section ~4904, relating to unsworn falsification to authorities, Date; ~~ ~4 , 2006 ~ 1, Q".,I~f- Linda S. Rodge ,Defendant LAW OfFICES MARLIN R. McCALEB ,--.-' 0;:1 :--\, \~....) Ci -:~ c,:' , . c 63 - "'1/3/ PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into this 27th day of June 2006, by and between LINDA S. RODGERS, of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife," and LEE D. RODGERS, of the same place, party of the second part, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on May 4, 1985; and WHEREAS, certain differences have arisen between the parties as a consequence of which they have separated on or about June 20, 1999, and they intend to live separate and apart from each other during the rest of their natural lives; and WHEREAS, Husband has commenced an Action in Divorce against Wife in the Court of Common Pleas of Cumberland County, Pennsylvania, filed August 22, 2003, to No. 03-4131 Civil Term, on the basis that the marriage is irretrievably broken; and WHEREAS, the parties desire to confirm their separation and further desire to enter into an agreement for the final settlement of their property and affairs incident to said separation and Action in Divorce. NOW, THEREFORE, in consideration of the foregoing and in further consideration of the covenants and promises hereinafter mutually to be kept and performed by each party hereto, as well as for other good and valuable considerations, it is agreed as follows: lAW OFFICES MARLIN R. McCALEB 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she from time to time may chose or deem fit. 2. NONINTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASES. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims, demands, damages, actions, causes of actions, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to and including the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement, and shall in no way affect any cause of action in absolute divorce which either party may have against the other party. LAW OFfICES MARLIN R. McCALEB -2- LAW OFFICES MARLIN R. McCALEB 4. DIVISION AND DISTRIBUTION OF MARITAL PROPERTY. The parties hereto covenant and agree that the items of marital property that they acquired during the marriage have been or are hereby being divided and distributed between them as follows: (a) Real Estate. Husband shall grant and convey unto Wife all of his right, title and interest in and to the family home known and numbered as 102 Orchard Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania, which the parties acquired on June 27, 1992, for the sum of $70,000.00, which property is currently assessed for real estate taxes in the amount of $153,430.00 and is encumbered by a mortgage in favor of Ralph Clay and Josephine L. Clay, his wife, having a remaining principal balance of $54,938.24 as of March 15,2006. Wife shall refinance said mortgage to terminate Husband's liability thereon and to provide funds for the payment to Husband as provided in Subparagraph (b), below. The aforesaid conveyance shall be by general warranty deed, under and subject to all existing liens and encumbrances, said deed to be executed and acknowledged by Husband and delivered to Wife's attorney at the time of settlement on Wife's refinancing of the current mortgage, which settlement shall occur within seventy- five (75) days after the date of this Agreement. If Wife's refinancing is subject to a three- day right-of-rescission, then Wife's attorney shall hold said deed and the cash to be paid to Husband as provided in Subparagraph (b), below, in escrow, during the right-of-rescission period and on the first business day following the expiration of the right-of-rescission period (rescission not having been elected by Wife), Wife's attorney shall deliver to Husband's attorney the sum provided in Subparagraph (b), below, and Wife's attorney may -3- LAW OFFICES MARLIN R. McCALEB then record the deed on behalf of Wife. In the event that Wife elects to rescind said transaction as permitted by law, Wife's attorney shall return the deed to Husband's attorney. Provided, however, that such transfer is in further consideration of Wife's continuing obligation to be solely responsible for all debts associated with the property, including but not limited to all mortgages, interest and late fees and all other outstanding liens, including but not limited to all taxes, insurance, utilities, municipal charges, and costs, expenses and fees. Wife shall indemnify and hold Husband harmless in the past, present and/or future for all outstanding indebtedness on the premises as defined herein and any unidentified debts associated therewith as well as all costs/expenses/fees associated with the collection thereof. In the event Wife fails to payoff and/or refinance the Clay Mortgage within seventy-five (75) days of the date of this Agreement, then the parties shall, without application to a court of appropriate jurisdiction, join in the listing of the premises with a Pennsylvania licensed and reputable real estate broker and agent. The parties agree to cooperate in every respect in marketing the premises. Upon settlement of the sale of the premises to a bonafide purchaser, the parties shall divide the net proceeds equally after deducting normal and ordinary costs of settlement, including but not limited to the Clay Mortgage balance, commissions, fees, costs and expenses, prorations of taxes and municipal charges. (b) Cash. Wife shall pay to Husband, in cash, the sum of $37,495.00 (less the amount of all child support owed by Husband to Wife accrued but unpaid as of June 2, 2006), which amount shall be paid by Wife to Husband, or to Husband's attorney on -4- LAW OFFICES MARLIN R. McCALEB behalf of Husband, as provided in Subparagraph (a), above. (c) Automobiles. Husband relinquishes and disclaims any and all ownership, right, title and interest in and to the 2002 Ford Taurus SES automobile and the 1994 Pontiac Sunbird automobile and Husband agrees that Wife shall hereafter be and remain the sole and separate owner of same. Wife relinquishes and disclaims any and all ownership, right, title and interest in and to the 2002 Ford F250 truck and Wife agrees that Husband shall hereafter be and remain the sole and separate owner of same. (d) Bank Accounts. Husband and Wife acknowledge that they have resolved ownership of all bank accounts held by them, whether individually or jointly, during their marriage. Husband relinquishes and disclaims any and all ownership, right, title and interest in and to all bank accounts and funds therein now in the possession of Wife and owned by her and Husband agrees that Wife shall hereafter be and remain the sole and separate owner of all such accounts and funds. Wife relinquishes and disclaims any and all ownership, right, title and interest in and to all bank accounts and the funds therein now in the possession of Husband and owned by him and Wife agrees that Husband shall hereafter be and remain the sole and separate owner of such accounts and funds. (e) Household Furnishings. Husband and Wife acknowledge that they previously divided their tangible personal property, including but not limited to household contents, furniture, furnishings, equipment, appliances, tools, jewelry, clothing and other personal property and each relinquishes and disclaims any and all ownership, right, title and interest in and to said items of personal property now in the possession of the other and each -5- LAW OFFICES MARLIN R. McCALEB covenants and agrees that the other shall be and remain the sole and separate owner of those items in his or her possession. (f) Life Insurance. Wife relinquishes and disclaims any and all ownership, right, title and interest in or to any and all life insurance policies now owned or held by Husband and Wife agrees that Husband shall hereafter be and remain the sole and separate owner of same. Husband relinquishes and disclaims any and all ownership, right, title and interest in and to any and all life insurance policies now owned or held by Wife and Husband agrees that Wife shall hereafter be and remain the sole and separate owner of same. (g) Retirement Benefits. Husband relinquishes and disclaims any and all ownership, right, title and interest or entitlement in or to any and all retirement, pension, profit-sharing, stock-ownership, 40I(k) and/or IRA accounts, if any, owned by Wife or in which she has any interest, whether as a participant or otherwise, and Husband agrees that Wife shall hereafter be and remain the sole and separate owner of same. Wife relinquishes and disclaims any and all ownership, right, title and interest or entitlement in or to any and all retirement, pension, profit-sharing, stock-ownership, 40I(k) and/or IRA accounts, if any, owned by Husband or in which he has any interest, whether as a participant or otherwise, and Wife agrees that Husband shall hereafter be and remain the sole and separate owner of same. (h) Business. Wife relinquishes and disclaims any and all ownership, right, title and interest and claim in and to Husband's business, know variously as "Lee Rodgers Home Improvements" and/or "Lee Rodgers Construction", and all the assets thereof, and Wife -6- LAW OffICES MARLIN R. McCALEB covenants and agrees that Husband shall hereafter be and remain the sole and separate owner of such business and business assets. 5. DISCLOSURE. The parties acknowledge and agree that since the date of their separation, they have shared information with each other concerning the identification and valuation of marital property. In addition, each party has had ample opportunity to review the marital assets and the financial condition of the other and each has done so, whether by independent investigation, research or otherwise. Each party hereto acknowledges that he or she is satisfied with the information that is presently available to him or her with respect to marital property and each waives the right to challenge this Agreement based on an allegation of lack of sufficient disclosure of assets or income. 6. INDEMNIFICA nON FOR FUTURE DEBTS. Except as otherwise provided in Paragraph 4( a), above, each of the parties hereto covenants and agrees to assume full responsibility for and to pay all debts and obligations of whatsoever kind and nature incurred individually by that party prior to the day and date of this Agreement, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debts and obligations from and after the date hereof. 7. FUTURE OWNERSHIP OF PROPERTY. Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively in all respects and -7- LAW OFFICES MARLIN R. McCALEB for all purposes as though he and she were unmarried. 8. MUTUAL RELEASES. The parties acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights resulting from their marriage, including but not limited to the following: spousal support, alimony pendente lite in the event of a divorce, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce, the equitable distribution of marital property, as well as the right to seek discovery of assets through interrogatories and/or depositions. It is the intention of the parties hereto that except as otherwise provided herein, all of the foregoing rights and remedies are hereby waived and forever released and that this Agreement shall have the effect of the final order of Court relieving each party of the obligation to the other for any and all of the foregoing possible rights and remedies, except as otherwise provided herein. Specifically, both parties covenant and agree that: both waive, release and forever relinquish their respective possible rights of spousal support of, from and against the other party; neither party will at any time seek or accept alimony pendente lite, counsel fees, costs or expenses from the other party; neither will seek discovery of assets; and the parties have effected an equitable distribution of their marital property and neither will seek further distribution by any action at law or in equity. 9. INDEMNIFICATION FOR FUTURE DEBTS. Each of the parties hereby covenants and agrees with the other party not to make, incur or attempt to make or incur any debt or obligation for or on behalf of the other party hereto, or for which the other party may be held liable, from and after the date hereof, and each of the parties hereto -8- hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debt or obligations from and after the date hereof. 10. OTHER DOCUMENTS. Each of the parties hereto shall, from time to time, at the request of the other party, execute, acknowledge and deliver unto said other party any and all further documents or instruments which may be reasonably required to give full force and effect to the terms and provisions of this Agreement. 11. DIVORCE. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to an absolute divorce on legal and truthful grounds if they now exist or may hereafter arise. 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 either party which may have occurred prior to, or which may occur subsequent to, the date hereof. It is understood, however, that the parties intend to dissolve their marriage by way of the aforesaid Action in Divorce pursuant to Section 3301(c) of the Divorce Code of Pennsylvania, on the grounds that the marriage is irretrievably broken and both parties agree to, contemporaneously with the execution and delivery of this Agreement, execute and file the appropriate Affidavits of Consent and Waivers of Notice necessary to complete said Action in Divorce on the basis of mutual consent. Both parties agree that the terms of this Agreement shall be incorporated into, but not merged with, any Decree of Divorce which may be entered with respect to the parties and both parties agree to take all reasonable steps to have this Agreement incorporated into (but not merged with) any such LAW OFFICES MARLIN R. McCALEB -9- LAW OFFICES MARLIN R. McCALEB Decree. The parties further agree that the Court of Common Pleas that enters such Decree of Divorce shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof. 12. SEVERABILITY, The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement, and if any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, all other provisions shall nevertheless continue to be in full force and effect. 13. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 14. ADVICE OF COUNSEL. Both parties covenant and agree that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement and to seek and obtain the advice and counsel of an attorney with respect to same. Wife has engaged the services of Marlin R. McCaleb, Esquire, and Husband has engaged the services of James A. Miller, Esquire, and each party has carefully reviewed the terms and conditions of this Agreement with counsel or has had the opportunity to do so. Both parties covenant and agree that they fully understand the facts upon which this Agreement is premised and based, that they believe this Agreement to be fair, reasonable and equitable, that said Agreement is being entered into freely and voluntarily by each of them, and that the execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or -10- agreements. 15. INTEGRATION. This Agreement constitutes the entire understanding between the parties and supersedes any and all prior agreements and negotiations between them. Both parties further agree that there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 16. AGREEMENT BINDING UPON HEIRS. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, administrators and assigns. 17. LEGAL EXPENSES. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, including attorney's fees, costs and/or expenses. The party breaching this Agreement shall be responsible for the payment of legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement or seeking such other remedy or relief as may be available to him or her. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESSETH: ~rMp do, ~ ~ ,~ ~O . ~ AA Lee D. Rodgers (SEAL) (SEAL) lAW OFFICES MARLIN R. McCALEB -11- . COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND) On this, the 27th day of June , 2006, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared LINDA S. RODGERS known to me (or satisfactorily proven) to be the person described in the foregoing instrwnent, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto ~hand and official seal. . d~ASEAL) Notary Public Notarial Seal MaMin R. McCaleb, Nolary Public Mechanicsbul\l Bora, CumbeI1and County My Commission Expires Dee, 14, 2008 Member, Pennsylvania Association Of Notaries COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND) On this, the k day of , 2006, before me, a Notary Public in and for the state and county afore , the undersigned officer, personally appeared LEE D. RODGERS, known to me or satisfactorily proven) to be the person described in the foregoing instrwnent, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my d and official seal. (SEAL) No Public ':/";;.~<::'. '1>.: :,~,..;,::,;,:.:"", ~;\.. :~-"::';',":" ::':.:.',.: ~:; '"":>'.-,,.~, '" .~1:;;.;.,;;:.r.:::;.:~.....':..~ LAW OFFICES MARLIN R. McCALEB . NOrARIAI. SEAL I JAMES A. MIllER, Notary PubIc ~. Ca. mp HID Boro, CUinberllrid CoUItY l My CilmmIssIon ExpIres AprlI30, 2009 -12- (') ~ w.,'}'- l~~:,; (.i; .' ~l~: r-.> ~"" c:.> CT' ~ '" N U1 ;:';'(. ~ -0 ~ ~ .-1 ff;f! -c01 '.\)9 ;~~S~t ')- s;:.~ ;_.)r ':::"A '"0 '-< - W \..0 Lee D Rodgers, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-4131 Civil Term Linda S Rodgers, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner service of the Complaint: Complaint filed on August 22 2003 and served upon Defendant by certified mail. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301 (c) of the Divorce Code: by Plaintiff: July 11 2006 by Defendant: July 24 2006 Time Stamped date of Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301 (c) of the Divorce Code: by Plaintiff: July 20 2006 by Defendant: July 25 2006 4. Related claims pending: There are no related claims pending. Respectfully Submitted, By: Miller Lipsitt LLC James A M' er, Esquire Attorney ~ r Plaintiff 2157 rket Street Ca Hill, PA 17011 7) 737-6400 ~ <. -Qi'j') rnrr ~i;.~'-' Ch;"'; -<:_- ~>, j;2 z =~ ....., = = "" ". c:: co") N U1 a " :.r n'~ -elm ~~6 .,;:1 -l~i ~- -r ;k; Om .-1 -..> 5':J .< " :30"'" W \.0 .. ,.++'f.++++++:++ . . . . + + +.:+::+: +:+'++'4'++++'1'+"'''' + +H +. +.:+.:+. +. +.:+. +.:+::+' +++++i:t, ++++++++++++++++ PEN NA. 'l- +:+: ++ + + + + + + + + . + . . + + + + + + + + + + + + + + + + + + + + . . + + + . + + + + + + + + + + + + + + + + . + + + . . . . + + + + + + + + + + + + + + + + + + . . + . + + + + + + + + + + + + + + + + + + + '+' ++cl:'t:+.++++++' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY + + + + + + STATE OF + + ! :t Lee D Rodqers Plaintiff + <+ + . + + + + + VERSUS Linda S Rodqers + + Defendant ~ + + + NO. 03-4131 DECREE IN DIVORCE . + + + + + + + + + + + + + + + + + + + + + + . . + + + + + + + + + + + + . + + AND NOW, ~ll,.}- --:zAIO 6 IT IS ORDERED AND V\ DECREED THAT Lee D Rodgers , PLAINTIFF, AND Linda S Rodqers , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECf'}g IN THIS ACTION FOR YET BEEN ENTERED; W~ The terms of the Property Settlement Aqreement between Plaintiff and Defendant into this final + + + . " , . + + + + + . + "'+ .;: :+ :+: :+ :+ :+ :+ WHICH A FINAL ORDER HAS NOT not Decree in D~vorce. By THE COURT: // /'// / PROTHONOTARY ':+,,+++':+''I'; +.+ +++++++++++++ +4'+ ++++ ++++++ +++ ++++ J. ...c: ~ ~~/i, 1(/ S"b ~N~ ;rr-? ~ ;"{I ~ ,~ '?O ~-b 'ifJP Jr? ~ v , . . ---- _.,.----~