Loading...
HomeMy WebLinkAbout08-0159 JOSHUA F. ROBERTS, Plaintiff VS. LORRAINE C. ROBERTS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. a Civil Term : ACTION 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 tail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 d ? 1 JOSHUA F. ROBERTS, Plaintiff vs. LORRAINE C. ROBERTS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. U 8 • /S l Civil Term ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Joshua F. Roberts, a competent adult individual, who has resided at 1147 Pheasant Dr. N., Carlisle, Cumberland County, Pa., for approximately one year. 2. Defendant is Lorraine C. Roberts, a competent adult individual, who resides at 15161 Brighton Lane, Davie, Florida, 33331. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on October 22, 2005 in Las Vegas, Nevada. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have one child together, namely, Lindsey Ann Roberts, whose date of birth is July 13, 2006. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of America or any of its allies. IN 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. 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. i i ' . 0;-Z -'- Josh F. Roberts, Plaintiff Respectfully submitted, Date: ' 1,4 © b e Adams, Esquire . No. 79465 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF C7 +'u C " C) am. Q n ' ld7 r? ?-'' `a JOSHUA F. ROBERTS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08 - 159 Civil Term LORRAINE C. ROBERTS, ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE AND NOW, this January 22, 2008, I, Jane Adams, Esquire, hereby certify that on January 18, 2008, a certified true copy of the NOTICE TO DEFEND AND COMPLAINT IN DIVORCE were served upon the following person, via certified mail, return receipt requested at the following address: Lorraine C. Roberts 15161 Brighton Lane ' Complete Items 1, 2, and 3. Also complete Davie, FL. 33331 item 4 N Restricted Delivery is desired. ¦ Print your name and address on the reverse DEFENDANT so that vlcan return the card to you. ¦ Attach this card to the back of the mailplece, or on the front N space permits. 1. Article Addressed to: LORRIANE C ROBERTS 15161 BRIGHTIDN LN DAVIE FL 33331 A- "A ? ?o B. Received by (,pr?pted N rp D. Is dellmy address dNMeren" If YES, enter delivery address b 3. Lfrvice Type Mall ? Express Mail ? Registered ? Return Rapelpt for Merchandise ? Insured Mal ? C.O.D. 4. Restrk bad Da11aq! y , 2. Arttdat ft sa<??ae /ebel (n.ntar ir liorrr m 7007 1490 0001 7952 0079 , PS Form 3811, February 2004 Domestic Return Receipt taaaaa o2+rF?sp Respectfully Submitted: Oa Adams, Esquire 1 0. 79465 4 outh Pitt Street C rlIsle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF D ? rQ ? - JOSHUA F. ROBERTS, Plaintiff vs. LORRAINE C. ROBERTS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 159 Civil Term ACTION IN CUSTODY/DIVORCE STIPULATION AND CUSTODY AGREEMENT This Stipulation and Custody Agreement is made this S day of PCbr t Y , 2008, by and between Lorraine C. Roberts, (Hereinafter referred to as "Mother"), of Davie, Florida, and Joshua,E. Roberts, (Hereinafter referred to as "Father"), of Carlisle, Cumberland County, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one child, namely, Lindsey Ann Roberts, born July 13, 2006; WHEREAS, Mother and Father have reached an agreement relative to the future care, custody, and visitation of their child, the terms of which agreement both parties desire to set forth in the present Stipulation and Custody Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Stipulation and Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. Legal Custody, Mother and Father shall have joint legal custody of their child. Joint legal custody means both parents have the right to control and share in making of decisions of importance in the life of their child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the child's school, medical, dental, and other important records. As soon as practicable after the receipt by a party, copies of a child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a child with healthcare providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. 2. Physical Custody. Primary Physical Custody of the child, as that term is defined in the custody act, shall be with Mother. 3. Partial Custody. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Father shall have periods of partial custody with the child as follows: a. Mother shall visit Pennsylvania with the child, and provide Father with liberal periods of partial custody with the child, at least two times each year. Each trip shall last at least four days. Every other year, one of the yearly visits will be at Thanksgiving. b. Until the child reaches the age of five, all of father's visits will be supervised by Mother. After the child reaches the age of five years old, father may have unsupervised visits with the child of at least ten days total a year. c. After the child reaches the age of eight, Father will have periods of partial custody with the child lasting up to fourteen (14) days, during the child's summer vacation. Father will provide at least thirty (30) days notice of his requested dates for this visit. d. Father and his family may visit the child in Florida, provided one week's notice is given. e. The parties will ensure that Father has reasonable contact with the child. Upon Father providing a computer camera, Mother will ensure that Father will have at least one half hour per week contact with the child via the computer camera. 4. Transportation and Exchange. Unless otherwise agreed, the responsibility for transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. Father shall pay airfare for both Mother and child for any of Mother's visits to Pennsylvania, until the child reaches the age of five. After the child reaches the age of five, Father will only pay for the child's airfare. Up until the child reaches the age of five, Father will also pay up to $100/night for a hotel room for Mother and the child during their visit to Pennsylvania. 5. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address, telephone numbers and date of birth of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, each person or entity which may provide daycare for the child, and each person that the child will be living with. The parties shall ensure that the other party has reasonable telephone contact with the child during their period of custody, and shall allow the child to contact the other parent upon the child's request. 6. Illness of the Child. Emergency decisions regarding a child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines a child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 7. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 8. Binding Effect and Modification of Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives, and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 9. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. 10. Enforcement. The parties agree that this Agreement maybe adopted as an Order of Court without the necessity of a Court hearing. 11. Entire Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supersedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: Josh a F. Roberts, Father WITNESSETH: r Witn ss COMMONWEALTH OF PENNSYLVANIA Lorraine C. Roberts, Mother ):ss COUNTY OF CUMBER ND On this, th6 day of re tel. 2008, before me, the undersigned officer, personally appeared JOSHUA F. ROBERTS, known tom or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto 7jane Tx OF P la-UANIA mass, Notar y Public Cumberland County n Expires Sept 6, 2008 STATE OF TkOt't da COUNTY OF Bt-0Ct0,V d y hand and offici e tary Public y commission expires: SEAL ):ss On this, the,::.-T- day of ? 2008, before me, the undersigned officer, personally appeared LORRAINE C. ROBERTS, known NCO me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, 1 hereunto set my ha an icial se I Notary Public OUSTi?V'0 E. R 4INCON W CDIMNISSIONDD842692 My commission expires EXPIRES: February 21, 2011 Z?ZI r° 1 ? (iorq?rnrunorryPubMeunlmvAN?. SEAL tr's? z? re`s °? ??? rya CA) JOSHUA F. ROBERTS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 0??? Civil Term LORRAINE C. ROBERTS, ACTION IN CUSTODY Defendant 1. Plaintiff is Joshua F. Roberts, who currently resides at 1147 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Lorraine C. Roberts, whose address is 15161 Brighton Lane, Davie, Florida, 33331. 3. Plaintiff is the Father of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Lindsey Ann Roberts 7/13/2006 15161 Brighton Lane Davie, Florida, 33331. Mother and Father married on October 22, 2005 and separated on October 1, 2007. Mother currently has primary physical custody of the child. A divorce complaint was filed under the above-captioned docket number on January 9, 2007. CUSTODY COMPLAINT During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Joshua F. Roberts Lorraine C. Roberts 1147 Pheasant Drive N. Carlisle, Pa. 17013 birth - 10/1/07 Lorraine C. Roberts 15161 Brighton Lane 10/1/07 - present Davie, FI 33331 .. w The mother of the child is Lorraine C. Roberts. She currently resides at 15161 Brighton Lane, Davie, Florida, 33331. She is married to Joshua F. Roberts. The father the child is Joshua F. Roberts. He currently resides at 1147 Pheasant Drive N., Carlisle, Pa 17013. He is married to Lorraine C. Roberts. 4. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides alone. 5. The relationship of defendant to the child is that of Mother. The defendant currently lives with the child. 6. 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 party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties separated in October 2007, when Mother left the marital home and moved to Florida with the child Mother has not offered Father any unsupervised periods of partial custody with the child Father is seeking a custody Order which would provide hire with liberal periods of partial custody. Such request would be in the best interest of the child because it would ensure that the child has regular contact with both parents. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. child. Date WHEREFORE, Plaintiff requests the court to enter a custody order regarding the al &'?-jog Respectfully subm Ja Adams, Esquire 1. . 0.79465 6 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody 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: 4v? k Jo ua F. Roberts, Plaintiff c 0 0 .ate MAR 0 42008e JOSHUA F. ROBERTS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 08 - 159 Civil Term LORRAINE C. ROBERTS, ACTION IN CUSTODY/DIVORCE Defendant ORDER AND NOW, this !r day of Nxe?" 2008, having reviewed the attached agreement between the parties, it is hereby ORDERED and DECREED that the stipulation entered by the parties on February 25, 2008, shall be entered as an Order of Court. cc: " Lorraine C. Roberts, mother ?Jane Adams, Esquire, for father 126f I ?-'-s ni."x t LC 3i??oe c -& IP Z h JOSHUA F. ROBERTS, V. LORRAINE C. ROBERTS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - 159 Civil Term : ACTION IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT , THIS AGREEMENT, made this g?6t day of 2008, by and between, LORRAINE C. R BERTS, of Davie, Florida, hereinafter referred to as "WIFE", and JOSHUA F. ROBERTS, of Carlisle, Cumberland County, Pennsylvania, WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 22, 2005, in Clark County, Nevada; WHEREAS, there was one child born of this marriage; WHEREAS, 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 desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Husband and Wife, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged, and each intending to be legally bound, Husband and Wife hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating to this agreement. These disclosures are part of the consideration made by each party for entering into 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 proceedings involving this agreement, with the exception of disclosure that may have been fraudulently withheld. In the event that either party, at any time hereafter, discovers such a fraudulently undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of such 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 such asset. 2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel of JANE ADAMS, ESQUIRE, as his attorney. The Wife is PRO SE and does not have an attorney. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. Husband and Wife acknowledge that this agreement is not a result of collusion, improper or illegal agreements. / Wife has been advised of her right to counsel, voluntarily elected to forego representation, and understands that Jane Adams, Esquire is only representing Husband. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Husband has filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. The parties express their agreement that the marriage is irretrievably broken and express their intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. The provisions of this Agreement relating 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 separation or 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 any 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 specifically agreed that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being 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. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this agreement, each party may dispose 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, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. 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 waiver and relinquishment of all such interest, rights, and claims. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from the other and against all future obligations of every kind incurred by them. The parties agree as follows regarding the debts: (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in her name alone or incurred by her after separation. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts in his name alone or incurred by him after separation. Any and all marital debts incurred before the parties' date of separation, of October 1, 2007. (c) The parties will take any steps necessary to close any joint credit card accounts. 8. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Divorce Code at 23 Pa.C.S.A. s3501 et. seq. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. 9. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. Should Husband or Wife pursue an action in bankruptcy and be successful in extinguishing his or her obligation to pay any debts for which he or she had taken sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he or she had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in consideration of the tax consequences associated with receipt of alimony. 10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 11. VEHICLES. With respect to these items, owned by one or both of the parties, they agree as follows: The parties shall retain the respective vehicles in their possession. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 12. REAL ESTATE. Husband holds title to a property known as 1147 Pheasant Dr. No, Carlisle, Pennsylvania, which was purchased in December 2006 after the parties married. Regarding this property, the parties agree as follows: (a) Wife hereby waives all her right, title, and interest in and to the property and Husband shall have sole and exclusive possession of this property. Wife agrees to sign a spousal waiver, Deed, or any other document required by any entity to confirm this agreement. (b) As of the date of separation, and without regard to when bills for such items are incurred, received or due, HUSBAND shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the residence (except as provided herein), including but not limited to, all real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and HUSBAND shall keep WIFE and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. (c) Upon settlement, Husband shall be entitled to receive all proceeds, if any from the sale of the home. 13. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties IRA's, 401(k)'s, stock savings plans, pensions, and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, counsel fees and costs, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. 1 15. CHILD SUPPORT. Husband shall pay Wife the amount of $850.00 per month for child support. Nothing in this agreement shall prevent the parties from requesting a modification of this agreement where there is a substantial change in the circumstances of the parties, or the child, and this agreement shall not contractually obligate the Plaintiff or Defendant to pay an amount per month without regard to the circumstances of the parties or the child, or the applicable child support guidelines. 16. CUSTODY. Custody was addressed by a separate custody stipulation and subsequent Order which was filed under the above-captioned docket number. Pursuant to this stipulation, the parties shall share legal custody of their child, Lindsey Ann Roberts, born July 13, 2006. Mother shall retain primary custody of the child and Father shall have periods of partial custody as provided in the parties' stipulation. 17. TAXES. The parties have previously filed joint State and Federal Tax returns. The parties intend on filing separately from this point forward. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are non-taxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are a division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 18. RECONCILIATION; WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 19. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 20. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 21. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 22. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 23. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and 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 in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. Date: p 3 -- a-? - 96Dg 24. SEVERABILITY. 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 provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her 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. 25. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek 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. 26. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: i ss?, uo ??c G? Lorraine C. Roberts, Wife Rom IA ) ):ss COUNTY OF D B ) On this, the c7? day of? , 2008, before me, the undersigned officer, personally appeared LORRAINE C. ROBERTS, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunt6,e;et my hand and official seal. Notary Public ' MY commission expires SARAADDAU? #;^ ` MY COMMISSION # DD 644793 SEAL EXPIRES: April7, 2011 ?' ' ;?d?` eoodsaTlm,Not?YPut?a?'° Joshua F. Roberts, Husband COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the I qtday of APR , 2008, before me, the undersigned officer, personally appeared JOSHUA F. ROBERTS, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r co ? JOSHUA F. ROBERTS, Plaintiff vs. LORRAINE C. ROBERTS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08 - 159 Civil Term ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on January 9, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: ? Jor z Jo ua F. Roberts, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) OF THE DIVORCE CODE 1. 1 consent to 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: shua F. Roberts, Plaintiff rv 3 77 j C) `7r JOSHUA F. ROBERTS, Plaintiff vs. LORRAINE C. ROBERTS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08 - 159 Civil Term ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on January 9, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: > 67, Rgk2 ' /o Lorraine C. Roberts, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND 43301(d) OF THE DIVORCE CODE 1. 1 consent to 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: 2ezz j 2 e.. Fw-ec Lo acne C. Roberts, Defendant C?z 77 7ret ?a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Joshua F. Roberts, Plaintiff =y,,, .N VERSUS Lorraine C. Roberts, Defendant No. No. 08 - 159 Civil Term DECREE IN DIVORCE AND NOW, IT IS ORDERED AND Joshua F. Roberts DECREED THAT Lorraine C. Roberts AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, .DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. PROTHONOTARY _744a,e e-ll? A60 -;?ev R t ?R