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HomeMy WebLinkAbout07-5973ANNA M. HIGGINBOTHAM, Plaintiff V. RUSSELL D. HIGGINBOTHAM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 07 - 5g73 CIVIL TERM : IN DIVORCE/CUSTODY You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ANNA M. HIGGINBOTHAM, Plaintiff V. RUSSELL D. HIGGINBOTHAM, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07 - S? 7 3 CIVIL TERM : IN DIVORCE/CUSTODY COUNTI COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Anna M. Higginbotham, an adult individual, who resides at 604 North Middle Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Russell D. Higginbotham, an adult individual, who resides at 890 Myerstown Road, Gardners, Cumberland County, Pennsylvania 17324. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on November 16, 2002, in Shippensburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. 9 10 II 12. COUNT II COMPLAINT FOR CUSTODY Previous paragraphs are incorporated by reference. The plaintiff is Anna M. Higginbotham, residing at 604 North Middle Road, Newville, Cumberland County, Pennsylvania 17241. The defendant is Russell D. Higginbotham, residing at 890 Myerstown Road, Gardners, Cumberland County, Pennsylvania 17324. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Paige Elizabeth Higginbotham 604 North Middle Road 09/07/03 4 Newville, PA 17241 Wyatt David Higginbotham 604 North Middle Road 04/12/06 1 Newville, PA 17241 13. The children were not born out of wedlock 14. The children are presently in the custody of Anna M. Higginbotham, residing at 604 North Middle Road, Newville, Cumberland County, Pennsylvania 17241. 15. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Russell & Anna Higginbotham 186 CUE 9/2003 - 5/2004 Newville, PA 17241 Anna Higginbotham 186 CME 5/2004 - 10/2004 Newville, PA 17241 Anna Higginbotham 604 North Middle Road 10/2004 - 6/2005 Harry & Phyllis Good Newville, PA 17241 Russell & Anna Higginbotham 979 Big Spring Road 6/2005 - 3/2007 Shippensburg, PA 17257 Russell & Anna Higginbotham 604 North Middle Road 3/2007 - 4/2007 Harry & Phyllis Good Newville, PA 17241 Anna Higginbotham 604 North Middle Road 4/2007-present Harry & Phyllis Good Newville, PA 17241 16 17 18 The mother of the children is Anna M. Higginbotham, residing at 604 North Middle Road, Newville, Cumberland County, Pennsylvania 17241. She is married. The father of the children is Russell D. Higginbotham, residing at 890 Myerstown Road, Gardners, Cumberland County, Pennsylvania 17324. He is married. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with the following persons. Name Relationship Harry D. & Phyllis L. Good Parents 19 The relationship of defendant to the child is that of Father. The defendant currently resides with the following persons. Name Relationship Russell D. & Teresa I. Higginbotham Parents 20. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a parry to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 21. The best interest and permanent welfare of the child will be served by granting the relief request because: A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. WHEREFORE, Plaintiff requests this Court grant Plaintiff partial primary physical custody subject to structured partial custody by the Defendant. Respectfully submitted, Rominger & Associates Date: October 9, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint 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: M-1 Anna M. Higginbo , Plaintiff ANNA M. HIGGINBOTHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RUSSELL D. HIGGINBOTHAM, : NO. 07 - CIVIL TERM Defendant : IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Complaint in Divorce with Count of Custody, by depositing the same in the United States mail first class and certified, restricted delivery, with return receipt, postage prepaid, addressed as follows: Russell D. Higginbotham 890 Myerstown Road Gardners, Pennsylvania 17324 Respectfully submitted, Rominger & Associates Date: October 9, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff G` b t .. r k ANNA M. HIGGINBOTHAM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RUSSELL D. HIGGINBOTHAM DEFENDANT 2007-5973 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 29, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 28, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 'INYAW AINnoo nPw. iggevoo s 1 :£ Nd R NVr, 8882 A8VIOi` OHIC)8d 3Hl 30 3OL-140-(H y MAR 0 6 2008 P b ANNA M. HIGGINBOTHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW RUSSELL D. HIGGINBOTHAM, NO. 2007-5973 Defendant IN CUSTODY COURT ORDER th AND NOW, this In day of March, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Anna M. Higginbotham, and the father, Russell D. Higginbotham, shall enjoy shared legal custody of Paige Elizabeth Higginbotham, born September 7, 2003 and Wyatt David Higginbotham, born April 12, 2006. 2. 3 The mother shall enjoy primary physical custody of the minor children. The father shall enjoy periods of temporary custody as follows: A. On alternating weekends from Saturday morning at 6:30 a.m. until Monday at 3:00 p.m. B. At such other times as the parties agree. 4. Holidays shall be handled as follows: A. For Christmas, mother shall have custody on Christmas Eve through Christmas Day at 1:00 p.m., and father shall have custody from 1:00 p.m. on Christmas Day until 3:00 p.m. on December 26. B. The New Years Day shall alternated from Noon on New Years Eve through 3:00 p.m. on New Years Day with mother having the children on odd years for December 31 and father having the children on even years for December 31. ViNMIASiINN3d c h .18 Wv 01 svw Gooz lcr9:.?_ 33H. Jo -a3lu C. Other holidays shall be handled pursuant to the custody schedule unless the parties agree to other arrangements. 5. Both parties shall enjoy the opportunity to have at least one week vacation with the minor children with the understanding that they shall give the other parent reasonable notice of at least thirty days. 6. The parties may modify or alter this custody schedule if they agree. Absent an agreement, the parties shall follow the order. In the event either party desires to modify this order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, J. cc: Karl E. Rominger, Esquire Russell D. Higginbotham eo,,'er neat 3??olva ANNA M. HIGGINBOTHAM, Plaintiff v RUSSELL D. HIGGINBOTHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-5973 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Paige Elizabeth Higginbotham, born September 7, 2003, and Wyatt David Higginbotham, born April 12, 2006. 2. A Conciliation Conference was held on March 5, 2008, with the following individuals in attendance: The mother, Anna M. Higginbotham, with her counsel, Karl E. Rominger, Esquire, and the father, Russell D. Higginbotham, who appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached. Date: -" U Hubert X. Gi oy, Esquire Custody C ciliator ANNA M. HIGGINBOTHAM, Plaintiff v. RUSSELL D. HIGGINBOTHAM, Defendant CIVIL ACTIO- LAW NO.: 07-5973 CIVIL TERM IN DIVORCE 1. A Complaint in Divorce under Section 3301(c? of the Divorce Code was filed on. 2. The marriage of Plaintiff and Defendant is i days have elapsed from the date of filing the Complai 3. 1 consent to the entry of a final decree of dig intention to request entry of the decree. I verify that the statements made in this Affidavit understand that false statements herein are made subii C.S. § 4904, relating to unsworn falsification to Date: ? a / 3 o` 6) 0 7 IN THE COURT' OF COMMON PLEAS OF CUMBERLL COUNTY, PENNSYLVANIA PQV 0 evably broken and ninety (90) after service of notice of true and correct. I to the penalties of 18 Pa. Russell D. HigoinlYdtham, Defendant - r7T c , ANNA M. HIGGINBOTHAM, Plaintiff v. RUSSELL D. HIGGINBOTHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLANIP COUNTY, PENNSYLVANIA CIVIL ACTI( NO.: 07-5973 IN DIVORCE - LAW VIL TERM WAIVER OF NOTICE OF I TO REQUEST EN. OF A DI1 UNDER § 3301 F THE DI' 1. 1 consent to the entry of a final decree of d ON DECREE CODE without notice. 2. 1 understand that I may lose rights concerning Olimony, division of property, lawyer's fees or expenses if I do not claim them before a 3. 1 understand that I will not be divorced until a and that a copy of the decree will be sent to me Prothonotary. is granted. decree is entered by the Court after it is filed with the I verify that the statements made in this Affidavit afire true and correct. I understand that false statements herein are made subject to the unsworn falsification to authorities. Date: 10 10/0 of 18 Pa. C.S. §4904, relating to v Russell D. Higbinbothgfn, Defendant ?'? " ?' -- s ?? ?r ? ;T° f.,% 2 : ! [`? ^ r... ??? 4;T J"' ( e. na ? +'? ?4 ?A.... s? ..nom.. // V^•? . ANNA M. HIGGINBOTHAM, Plaintiff V. RUSSELL D. HIGGINBOTHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 07-5973 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: Xl-? Al ' Anna M. Higginbot , Plaintiff a C l C] . / cil ??° ANNA M. HIGGINBOTHAM, Plaintiff v. RUSSELL D. HIGGINBOTHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 07-5973 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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: 1C? -/ 7 -'q 0 Anna M. Higginbotha , laintiff rrl "? `x t -? r a;.Fi c-n ANNA M. HIGGINBOTHAM, Plaintiff V. RUSSELL D. HIGGINBOTHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 07-5973 CIVIL TERM IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of 'D&Q11 OP-C- , 2008 by and between Anna M. Higginbotham, hereinafter referred to as "Wife", and Russell D. Higginbotham, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married in the Commonwealth of Pennsylvania on November 16, 2002, and separated on or about April 21, 2007. 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 for the rest of their natural lives, 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 and real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and 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 1 legally bound, hereby covenant and agree as follows: 1. AGREEMENT NOT PREDICATED UPON DIVORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for the institution, prosecution, defense or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds, nor to prevent either party from defending any such action which may, has been, or shall be instituted by the other party, or from making any just or proper defense thereto. The parties further agree that they will each sign the Affidavit of Consent and Waiver of Notice after the required ninety (90) day time period has elapsed when such a divorce procedure is instituted. 2. ADVICE OF COUNSEL Wife and Husband declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of her and his selection; that WIFE is represented by Attorney Karl E. Rominger, of the law firm Rominger & Associates and HUSBAND is not represented by counsel. HUSBAND is aware of his right to legal representation, it is his express, voluntary and knowing intention not to obtain counsel and he chooses instead to represent himself with respect to the preparation and execution of this Agreement, and waives his right to representation. 2 3. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 4. DEBTS HUSBAND and WIFE agree that they have split all of their bills, however WIFE has previously consolidated the $4,597.00 bills and HUSBAND agrees to pay $2,298.25 to WIFE to help satisfy his share of the martial bills. Payment on the same to be arranged between the parties on a schedule mutually convenient, nonetheless HUSBAND agrees to make regular and reasonable payments as they can agree until that amount is satisfied in full. In no case however shall HUSBAND pay less than $50.00 per month. The parties further agree that any debts incurred by the parties after the execution of this agreement shall be the sole responsibility of the party incurring that obligation. 3 5. REAL PROPERTY HUSBAND and WIFE hereby agree and waive the issues pertaining to real property as neither party own any real property. 6. PERSONAL PROPERTY HUSBAND and WIFE hereby agree that WIFE shall retain the 2006 Ford Explorer and further agree to make any and all necessary payments on the same. HUSBAND agrees to cooperate in the refinancing of the vehicle if WIFE is able to do so and chooses to do so. However, in the event that WIFE becomes tardy on her payments, HUSBAND at his sole option can make the payments himself and WIFE will owe those amounts immediately to HUSBAND. If the car is voluntarily or involuntarily repossessed the parties will remain jointly and severally liable for any deficiency judgment. All other personal property belonging to the parties has been separated to the parties' satisfaction at the date of this agreement. 7. INCOME TAX RETURNS The parties shall file a separate tax return for the tax year 2007, and shall individually keep their own respective refunds. All future income tax returns will be filed separately and the parties will each retain any refund due to them 8. SUPPORT AND ALIMONY Both parties hereby waive and forego all interest in filing for support or alimony against the other. 9. RETIREMENT ACCOUNTS Both parties hereby waive and forego all interests in each other's retirement account. 4 10. WAIVER OF CLAIMS AGAINST THE ESTATES Except as otherwise provided herein, 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 may now have or hereafter acquire, under the present or 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, right to take the intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waive and relinquishment of all such interest, rights and claims. 11. NO BAR TO FURTHER PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available. It is agreed that this Agreement shall not be impaired by any divorce decree which may be granted but shall continue in full force and effect notwithstanding the granting of any such decree. 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. 5 12. MUTUAL RELEASE Wife and Husband each do hereby mutually remise, release, quitclaim 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, titles and interests, 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 situate, which she or he 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 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 testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 thereof. It is the intention of Wife and Husband to give to 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 6 Agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 13. SUCCESSORS' RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 14. ENTIRE AGREEMENT Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other term, condition, clause or provision of this Agreement. 15. BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated pursuant to the terms of 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 default of the same or similar nature. 16. SEVARABILITY 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 7 full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 17. BREACH/ ENFORCEMENT Any party breaching this agreement is liable to the other party for all costs and counsel fees reasonably incurred by the non-breaching party to enforce his or her rights under the Martial Settlement Agreement subsequent to the date of the signing of this Agreement. The aggrieved party may file in either law or equity, in any court of competent jurisdiction, including, but not limited to the county in which they or the opposing party reside. Should either party fail in the due performance of the terms under this Agreement, the other party shall be able at his or her discretion to sue for performance or for damages for a breach of the Agreement. The parry who is deemed to have failed in the due performance of the terms hereunder shall be liable for all reasonable costs and expenses incurred by the other in suing for performance or for damages for breach of the Agreement, including counsel fees. 18. EFFECTIVE DATE This agreement shall become effective immediately upon its execution by both parties and their respective counsel. 19. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 8 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as parties hereto, acknowledge the receipt of a duly executed copy hereof. Karl F/Rominger, Esqu' e ness fqr s 11 D. Higginbotham COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND On this, the V5 day of 2008, before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared Anna M. Higginbotham, and in due form of law acknowledged the above Agreement to be her act and deed and desired the same to be recorded as such. MO"M a& CASULA J MARM Notary Public WAIUM 1W. FRAINI;LNi{ COWW ' n Expths jW 21,20 W COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND Ak -Ovp" V On this, the J day of Nd--, , 2008, before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared Russell D. Higginbotham, and in due form of law acknowledged the above Agreement to be his act and deed and desired the same to be recorded as such. 9 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MICHELE R i_ UPf Notary Public Boro of Shippensbu.6„ Uurnberland County My Commis;oon Expires July 16, 2012 Ir OF L t.i J s!9I 2 7 cl ?? L ?i31U!?!^ Olt" r'srftf;4 Yi1?R1Cl? fiI1tJ71MlIA?? +?+.?' ?'?_ 0FOS , it nut ro!l4A : „}.4 ??1 ANNA M. HIGGINBOTHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RUSSELL D. HIGGINBOTHAM, : NO. 07 - 5973 CIVIL TERM Defendant : IN DIVORCE/CUSTODY PROOF OF SERVICE ¦ Complete Items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece or on the front If space permits. A. X ? Agent 1. Article Addressed to: eta'7 eu 010 x r?' X Received by ( ftged AS D. Is dekvery address 1? It YES, enter delivery be GsA 4?,;. S trZ?L. 3. Service Type Ified Mail O Express Mail ? Registered >1111ehmm Receipt for Merdrandiee ? lnsunsdM2 L n r =, 2. Article Number --- - i (parwrtwforammAnlimb 7006 0100 0007 1050 6924 PS Fomm 3811, February 2004 - Dornestlc Return Receipt 1 r,F FILED--0F` C OF THE PRO. .co""I 1Tkgy, 2049 JUL 27 PM 3: 18 NT'r 4 °.?r^. l a PEI NI .. Ylp?" *b-0 419,11 A ANNA M. HIGGINBOTHAM, Plaintiff V. RUSSELL D. HIGGINBOTHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 07-5973 CIVIL TERM 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. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint was filed on October 10, 2007, and was served on Defendant by First Class Mail, Certified, and Return Receipt Requested and signed for on October 13, 2007. Attached hereto as Exhibit "A". 3. Date of execution of the affidavit of consent required by § 3301(c) or The Divorce Code: by the Plaintiff December 17, 2008; by the Defendant December 13, 2008. 4. Related claims pending: None 5. (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on December 18, 2009; Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on December 16, 2009. Date: July 27, 2009 Respectfully Submitted, Rominger & Associates Karl . Rominger, Esquire 155 S. Hanover Street Carlisle, Pennsylvania 17013 717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff tir QE THE FRIT RY 2009 JUL 27 P 3: 13 FL. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Anna M. Higginbotham Plaintiff Vs File No. 07-5973 IN DIVORCE Russell D. Higginbotham Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, X prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of Anna M. Good, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: Sig e 6AAA.. 1W &?? Signature o e being resumed COMMONWEALTH OF PENNSYLVANIA) COUNTYOF CUMBERLAND) On thecay of I , 2009, before me, a notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereuntWsethand eunto setmy hand and official seal. COMMONWEALTH OF PENNSYLVANIA lic Notarial Seal Tammie L Peters, Notary Public Carlisle Som, Cumberland Courtly My Commission E*res Sept 9, 2011 Member, Pennsylvania Association of Notaries RLED-'1 `-riC* E OF T. HIE t , <(?Y 2099 JU 27 pM ? a pa ? /l ea ?4`J e/j?? so?? Anna M. Higginbotham IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Russell D. Higginbotham NO 07-5973 DIVORCE DECREE AND NOW, _J o\ v 1% , 1008 J t is ordered and decreed that Anna M. Higginbotham plaintiff, and Russell D. Higginbotham , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") A Marital Settlement Agreement is incorporated into but is not merged with the Divorce Decree. By the Court, '*-? Attest: J. ell, othonotary r' _ s Y r + ? t