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HomeMy WebLinkAbout07-4121 MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff JOHN R. RODGERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. d 7 -dial l.~ ivy ~ Term GAYLE R. RODGERS, CIVIL ACTION -LAW Defendant 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 j udgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff JOHN R. RODGERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. d ~ - Y/.21 GAYLE R. RODGERS, CIVII, ACTION -LAW Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(cl OE THE DIVORCE CODE Plaintiff is John R. Rodgers, who has resided at 4938 East Back Mountain Road, Belleville, Mifflin County, Pennsylvania, for his entire life. 2. Defendant is Gayle R. Rodgers, who has resided at 4938 East Back Mountain Road, Belleville, Mifflin County, Pennsylvania, for the last forty-nine (49) years. 3. Plaintiffand Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 26, 1956 in Baltimore, Maryland. 5. Plaintiff and Defendant have agreed to pursue a divorce action outside of their home county of Mifflin, as evidenced by the attached Stipulation as to Venue, which is made a part hereof and marked Exhibit "A." 6. Plaintiff previously filed for Divorce approximately twenty-five (25) years ago in Mifflin County and the Divorce Complaint was withdrawn. 7. Neither of the parties in this action is presently a member of the Armed Forces. 8. The Plaintiff and Defendant are both citizens of the United States. 9. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed dovim by the Court. 10. Plaintiff avers that there are no children of the parties under the age of eighteen (18). COUNT I -DIVORCE 11. Plaintiff avers that the grounds on which the action is based are as follows: the marriage is irretrievably broken. COUNT II ~ - EQUITABLE DISTRIBUTION 12. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. WHEREFORE, Plaintiff requests this Honorable Court: a. Enter a decree of divorce; b. Equitably distribute all property, both personal and real, owned by the parties; c. Grant such further relief as the Court may deem equitable and just. Respectfully Submitted: MARIA P. GNETTI & ASSOCIATES Date: ~ ~ G ~' BY: KRI TOPHER T. SMULL, ESQUIRE Attorney LD. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION ve I' and state that the facts set forth in the foregoing document I, John R. Rodgers, hereby ~hfy are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject told, the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. ~, Date: l ~ ~ 1~~ ~~~ ~, J R. Rodgers ~~ t. JOHN R. RODGERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA • N0. o ~- y/~1/ v. GAYLE R. RODGERS, CIVIL ACTION -LAW Defendant IN DIVORCE STIPULATION AS TO VENUS PURSUANT TO Pa RCP SECTION 1920.2(a)(2)(i) AND NOW, come the parties, Gayle R. Rodgers (hereinafter referred to as "Wife") and John R. Rodgers (hereinafter referred to as "Husband"), and hereby agree and stipulate as follows: Husband has resided at 4938 East Back Mountain Road, Belleville, Mifflin County, Pennsylvania, for his entire life. 2. Wife has resided at 4938 East Back Mountain Road, Belleville, Mifflin County, Pennsylvania, for the last forty-nine (49) years. 3. Husband and Wife have mutually agreed that they desire to pursue a divorce action outside of their home county of Mifflin and agree that the divorce complaint shall be filed in Cumberland County, Pennsylvania. 1N WITNESS WHEREOF, counsel for the parties have hereunto set their hands and seals c~~ ~ this I day of J~l~ , 2007. ohn R. Rodgers Gayle R. Odgers ~ tk '~ U1 6~ -t~ t-- ~~ ~ _ c_-, - r-~ -Y? :: . ,"+ r N >x r-? TJ (', C't" GJ -~ MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff JOHN R. RODGERS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. GAYLE R. RODGERS, Defendant NO. 07-4121 Civil Term CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, Sandra L. Meilton, Esquire, do hereby accept service of a true and correct copy of the Complaint in Divorce directed to my client, Gayle R. Rodgers, Defendant in the above-captioned matter, pursuant to Pennsylvania Rule of Civil Procedure No. 402(b). Sandra L. Meilton, Esqu re DATE: 7~ 3d ~ D ~ C3 ^' ~ C 3 ~ ~ 1 L'~ ' L 3s. 1 -7 - ~ L'.' t't? :: ~ CT't /fir ' ~ ' r f "~ ~~~ . ti ~.., ;~ t.:. (,,'I '< ~~_~~a~ Civ~l~~-^"~- PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of , 2008, by and between Gayle R. Rodgers, of 4938 East Back Mountain Road, Belleville, Mifflin County, Pennsylvania (hereinafter referred to as "WIFE") and John R. Rodgers, of 95 Plum Bottom Lane, Belleville, Mifflin County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on May 26, 1956, in Baltimore, Maryland; and WHEREAS, there are no children born of this marriage who are under the age of eighteen (18); and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart, and 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 by specification: the settling of all matters between them relating 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; 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 the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if 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 compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such 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 differences which have occurred prior to or which may occur subsequent to the date hereof. 2 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that HUSBAND has filed a Complaint in Divorce in Cumberland County to Docket No. 07- 4121, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute, simultaneously with this Agreement, any and all Affidavits, Waivers 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 final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be 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 Agreement and all of its covenants shall not be 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 be forever binding and conclusive upon the parties. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or maybe instituted by the parties for the purpose of enforcing the contractual obligations of the 3 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. 6. 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 at 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. 7. 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 payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 8. 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 from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever 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 thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way 4 of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, 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 temtory of the United States, or (c) any country or any rights 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 marital relationship 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 Agreement 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. 9. ADVICE OF COUNSEL: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel; I{ristopher T. Smull, Esquire, for HUSBAND and Sandra L. Meilton, Esquire, for WIFE. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 10. 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 may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for 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. 11. 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 the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as maybe otherwise specifically provided for by the terms of this Agreement. 6 12. PERSONAL PROPERTY: 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 will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, 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 shall become the sole and separate property of the other from the date of execution hereof. 13. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against, and agrees to assume the sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself, except as provided herein. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself, except as provided for herein. Specifically, WIFE shall 7 be solely responsible for the mortgage on the property located at 4938 East Back Mountain Road, Belleville, Mifflin County, Pennsylvania; the mortgage on the Dairyland property; and the loan on her 2004 Volvo. WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 14. DIVISION OF REAL PROPERTY: a. 4938 East Back Mountain Road, Belleville, Pennsylvania -HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 4938 East Back Mountain Road, Belleville, Mifflin County, Pennsylvania now titled in the name of WIFE and agrees to immediately execute now, and in the future, any and all deeds, documents or papers necessary to effect such transfer of title upon request. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property, accept as set forth below. Said property is currently encumbered by a mortgage, in the name of both parties. WIFE shall refinance the mortgage currently encumbering said property, or otherwise remove HUSBAND'S name therefrom. WIFE agrees to indemnify and hold HUSBAND harmless from any and all liability with respect to said mortgage. Until such time as HUSBAND'S name is removed from the liability of the mortgage encumbering the property, WIFE shall be solely responsible for the monthly mortgage, taxes, insurance costs, utilities, and any necessary repairs related to the property and shall indemnify and save HUSBAND harmless from any and all liability, expense, cost, or loss whatsoever, with regard 8 to said expenses. WIFE shall provide HUSBAND monthly proof that the mortgage has been paid and annual proof that the taxes and insurance costs for the property have been paid on time and in full. b. Dairyland Property -HUSBAND agrees to transfer all his right, title and interest in and to the real estate known as Dairyland now titled in the name of WIFE and agrees to immediately execute now, and in the future, any and all deeds, documents or papers necessary to effect such transfer of title upon request. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property, accept as set forth below. Said property is currently encumbered by a mortgage, in the name of both parties. WIFE shall refinance the mortgage currently encumbering said property, or otherwise remove HUSBAND'S name therefrom. WIFE agrees to indemnify and hold HUSBAND harmless from any and all liability with respect to said mortgage. Until such time as HUSBAND'S name is removed from the liability of the mortgage encumbering the property, WIFE shall be solely responsible for the monthly mortgage, taxes, insurance costs, association fees, utilities, and any necessary repairs related to the property and shall indemnify and save HUSBAND harmless from any and all liability, expense, cost, or loss whatsoever, with regard to said expenses. WIFE shall provide HUSBAND monthly proof that the mortgage has been paid and annual proof that the taxes and insurance costs for the property have been paid on time and in full. c. Plum Bottom Dairy -HUSBAND agrees to transfer all his right, title and interest in and to the real estate known as Plum Bottom Dairy (75 acres and buildings) now titled in the name of HUSBAND and WIFE as tenants by the entireties and agrees to immediately execute 9 now, and in the future, any and all deeds, documents or papers necessary to effect such transfer of title upon request. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. Said property is currently encumbered by a mortgage, in the name of both parties. HUSBAND shall payoff the loan currently encumbering said property within ninety (90) days following the signing of this Agreement. HUSBAND agrees to indemnify and hold WIFE harmless from any and all liability with respect to said mortgage. WIFE shall be solely responsible for the taxes, insurance costs, and any necessary repairs related to the property and shall indemnify and save HUSBAND harmless from any and all liability, expense, cost, or loss whatsoever, with regard to said expenses. d. 60 percent interest in Plum Bottom Homestead -HUSBAND currently holds an interest in real property known as Plum Bottom Homestead (108 acres). Said property is titled in HUSBAND's name as 60% owner along with his grandchildren, Jack and Jesse Mernin, as owners of 20% each. WIFE acknowledges that she has no claim, right, interest or title whatsoever in said property, except as set forth below, and agrees never to assert any claim to said property in the future. WIFE further agrees that she shall execute a quitclaim deed to said property releasing any and all interest she may have had in said property, if necessary. The parties acknowledge that WIFE shall receive all of the income generated from the rent of said property. Said rents shall continue to be directly deposited into the parties' joint checking account with Juniata Valley Bank. HUSBAND shall remove his name as joint owner of said account so that WIFE will have sole control thereof. 10 WIFE shall be solely responsible for the taxes, insurance costs, and any necessary repairs related to the property and shall indemnify and save HUSBAND harmless from any and all liability, expense, cost, or loss whatsoever, with regard to said expenses. WIFE shall provide HUSBAND annual proof that the taxes and insurance costs for the property have been paid on time and in full. If WIFE should fall thirty (30) days or more behind on the payment of any of the obligations with regard to the Plum Bottom Homestead property HUSBAND shall give WIFE notice to cure said deficiency within thirty (30) days. If said deficiency has not been cured within said thirty (30) days, HUSBAND shall have the right to use sufficient funds from the income generated by the property to bring all deficiencies up to date. e. Rodgers Family Partnership land -HUSBAND currentlyholds a one (1%) percent interest in a partnership with the parties' three (3) sons, who own 33% each of the partnership. Said partnership is the owner ofninety-five (95) acres of crop land and eighty-five (85) acres of mountain land. WIFE acknowledges that she has no claim, right, interest or title whatsoever in said property, except as set forth below, and agrees never to assert any claim to said property in the future. WIFE further agrees that she shall execute a quitclaim deed to said property releasing any and all interest she may have had in said property, if necessary. The parties acknowledge that WIFE shall receive all of the income generated from the rent of the land owned by the partnership. Said rents shall continue to be directly deposited into the parties' joint checking account with Juniata Valley Bank. HUSBAND shall remove his name as joint owner of said account so that WIFE will have sole control thereof. WIFE shall be solely responsible for the taxes, insurance costs, and any necessary repairs related to the property and shall indemnify and save HUSBAND harmless from any and all liability, 11 expense, cost, or loss whatsoever, with regard to said expenses. WIFE shall provide HUSBAND annual proof that the taxes and insurance costs for the property have been paid on time and in full. If WIFE should fall thirty (30) days or more behind on the payment of any of the obligations with regard to the Partnership Property HUSBAND shall give WIFE notice to cure said deficiency within thirty (30) days. If said deficiency has not been cured within said thirty (30) days, HUSBAND shall have the right to use sufficient funds from the income generated by the property to bring all deficiencies up to date. f. Stone Mountain property -WIFE agrees to transfer all her right, title and interest in and to the real estate known as Stone Mountain (20 acres) now titled in the name of HUSBAND and WIFE as tenants by the entireties and agrees to immediately execute now, and in the future, any and all deeds, documents or papers necessary to effect such transfer of title upon request. WIFE further acknowledges that she has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. g. ZS percent interest in Pleasant Acres property -HUSBAND currently holds an interest in real property known as Pleasant Acres (35 acres). Said property is titled in HUSBAND's name as 25% owner. WIFE acknowledges that she has no claim, right, interest or title whatsoever in said property and agrees never to assert any claim to said property in the future. WIFE further agrees that she shall execute a quitclaim deed to said property releasing any and all interest she may have had in said property, if necessary. h. 16.6 percent interest in California prouerty -HUSBAND currently holds an interest in real property located in California (26 acres). Said property is titled in HUSBAND's name as 16.6% owner. WIFE acknowledges that she has no claim, right, interest or title whatsoever 12 in said property and agrees never to assert any claim to said property in the future. WIFE further agrees that she shall execute a quitclaim deed to said property releasing any and all interest she may have had in said property, if necessary. Proceeds from the sale of 12.5 percent interest in Haves Woodlands roe -HUSBAND previously held an interest in real property known as Hayes Woodlands (800 acres). Said property was sold by HUSBAND. WIFE acknowledges that she has no claim, right, interest or title whatsoever in the proceeds from the sale of said property and agrees never to assert any claim to said proceeds in the future. 15. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. The parties acknowledge that they are the joint owners of a checking account with Juniata Valley Bank. HUSBAND agrees that he shall immediately remove his name from this account and that WIFE shall become the sole owner of said account. HUSBAND hereby waives any interest in, or claim to, said account and agrees never to assert any claim to said account in the future. 16. STOCKS: The parties agree that their 750 jointly held shares of Comarco stock shall be sold and that the proceeds shall be divided equally between the parties. Each party shall be solely responsible for any tax liability associated with the sale of their portion of said stock. 13 The parties further agree that HUSBAND's 500 shares of Kish Bank stock shall remain his sole and exclusive property. WIFE agrees to waive any interest she may have in said stock and further agrees that she will not assert any such claim in the future. 17. PENSIONS, ANNUITIESAND/OR RETIREMENT BENEFITS: WIFE agrees that HUSBAND's Memll Lynch Account and his Equity Services, Inc. Account shall remain his sole and exclusive property. WIFE agrees to waive any interest she may have in such property and further agrees that she will not assert any such claim in the future. 18. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: a. The 2004 Volvo shall become and remain the sole and exclusive property of WIFE. b. The 2004 Chevy Silverado pick-up truck, shall become and remain HUSBAND's sole and exclusive property. c. Husband's farm equipment, including, but not limited to, Ford Tractor and Loader, Rotary Mower, Spreader, John Deere 950 Tractor and Farmall Super C, shall become and remain HUSBAND'S sole and exclusive property. The titles to the said motor vehicles shall be executed by the parties, if appropriate for affecting transfer as herein provided, on the date of execution of this Agreement or as soon thereafter as possible, and said executed title shall be delivered to the proper party on the distribution date. 14 Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobile. 19. AFTER ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all 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 all respects and for all purposes, as though he or she were unmarried. 20. WAIVER OF ALIMONY: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony, or alimony pendente lite. HUSBAND and WIFE further, voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. 21. HEALTH INSURANCE: HUSBAND'S responsibility to provide health insurance for WIFE shall terminate upon the entry of a final Divorce Decree. 15 22. COUNSEL FEE5: Neither party shall have any liability to the other for reimbursement of attorney's fees incurred by the other party in connection with the negotiation and preparation of this Agreement or in connection with any legal or equitable proceedings between the parties which have preceded the execution of this Agreement. 23. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal or State 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. 24. 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 (hereinafter 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 cause 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 subj ect to the carry-over basis provisions of the said Act. 16 25. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Neither party has been given any tax advice whatsoever by their respective attorneys. Both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 26. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce maybe entered with respect to the parties. 27. BREACH: 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 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 enforcing their rights under this Agreement. 17 28. 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, under 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, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 29. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial 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 time prior to the date of execution of this Agreement that was not disclosed to the other party or his 18 or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution 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, the Agreement shall in all other respects remain in full force and effect. 31. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 32. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all fiuther instruments that maybe reasonably required to give full force and effect to the provisions of this Agreement. 33. 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. 19 34. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a sepazate and independent Agreement. 35. 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 similar nature. 36. 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. "~N-1S S~C,T~or.~ U~~S l ~N'r~oN~A~.I:~' 1~.. F'~~1~~ ~~~ 20 37. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and yeaz first above written. SS W (SEAL) Gayle .Rodgers (SEAL) R. Rodgers 21 COMMONWEALTH OF PENNSYLVANIA ) S COUNTY OF a / yl ) S. ti On this, the ~ day of ~~~Gf , 2008, before me, a Notary Public, the undersigned officer, personally appeared Gay .Rodgers, known to me (or satisfactorilyproven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. i ~ Notary Public co> ~oN w> Fa r:,Tx o> F > ~vxsnv~-rQa ARIAL SFAL alalria M Rine, lyotalry 1?n>~ic I.a~ Pardon To~6ip Iae~gliin Co~oty oo~aioait ~ l+lo~aoba 1S. 2011 COMMONWEALTH OF PENNSYLVANIA ) nn ~~ ~~ee ) SS: COUNTY OF u.~l~ ~~ q" ) On this, the ~ day of 2008, before me, a Notary Public, the undersigned officer, personally appeared John R. Rodgers, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Karen A. Sheriff, Notary Public Palmyra Boro, Lebanon County My Commission Expires May 16, 2010 Member, Pennsylvania Association of Notaries 22 w ~ 4 , t•~ ~. ~~ ~ -• ~ ~ ~ "4 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff JOHN R. RODGERS, Plaintiff v. GAYLE R. RODGER5, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 07-4121 CIVIL TERM 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 § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by Sandra L. Meilton, Esquire on behalf of the Defendant on July 30, 2007. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff on May 12, 2008; by Defendant on May 6, 2008. 4. Related claims pending: Settled by Agreement dated May 6, 2008. ti 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 Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Waiver is being filed simultaneously herewith. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Waiver is being filed simultaneously herewith. MARIA P. COGNETTI & ASSOCIATES Date: May 14, 2008 By: MARIA P CO TTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff -~' ~' ~ `.- ~ c~~ ~~ s; .,_~ -'r':. rrt ~~ ~;. ~: ~,.~ -~ ~~~$ 'T~ ~:7 w C:7 SANDRA L. MEILTON, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton(a,dzmmgiaw. com JOHN R. RODGERS, v. GAYLE R. RODGERS, Defendant No. 07 - 4121 Civil Term CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under §3301(c} of the Divorce Code was filed on July 11, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ~ =G-o$ S"G- ~ Gayl R. Rodgers, fendant IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~ ° ~ ~ i - ~ e:, ,7 ~' n~ `~ ,.~ ' -~ ~ ~ ~~ . =-~ ~--' ~ ~- <~ ~` - . ~ ; . ~.. f.a SANDRA L. MEILTON, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton ~n,dzmmglaw. com JOHN R. RODGERS, v. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA GAYLE R. RODGERS, Defendant No. 07 - 4121 Civil Term CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) AND & 3301(d) 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: 5 = G - 0 fi Gayle .Rodgers, Defe ant r.~ ~ -rt ~ ~ ~ ~; .,.....r; ~ -~ ~ C: CfJ ..: _,_ -'a~ -ryi ;, °< R__ ~ ~ j _ ¢- ~ "I1 ~'~.._ .~ 1,~~ ~ "~ JOHN R. RODGERS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-4121 Civil Term GAYLE R. RODGERS, :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 July 11, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit aze 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: ~5~/ a ~D ~ J'~, R. Rodgers ~,. 'taL , ~ ~ ~ ~ ~~>, ,~ { ~~ ~ ,-.~ r .`. ~ f.... ~ ~~ t~,`. ~s., ~ `~ ~; .. JOHN R. RODGERS, Plaintiff v. GAYLE R. RODGERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4121 Civil Term CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3 . I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is 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: ~/~~ `~~ J hn R. Rodgers C n,, ~~ w° q '~ , ~ _ - ~ f k, ~ ~ q ~ _,P~ ~ ~J ~n ~ / ~~ y~ ., 1 . J , Y_ q~.. ~ . • ~ ~~ 1 N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. JOHN R RODGERS, = ~~ - . _ Plaintiff VERSUS GAYLE R RODGERS. Defendant N O . 07-4121 CIVIL TERM DECREE IN DIVORCE AND NOW, /'YI ~~ , , 2008 IT IS ORDERED AND DECREED THAT JOHNRRODGERS PLAINTIFF, AND GAYLE R RODGERS DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the parties' Property Settlement Agreement dated May 6, 2008, and attached hereto, are incnrnnrntarl harm.. h..* ....* ,..e alxLhel~~vith BY THE C RT: ATTES : ~ J. PROTHONOTARY ~. •+•