HomeMy WebLinkAbout08-3356ERIC C. ROGGENBAUM,
Plaintiff
vs.
JESSICA M. ROGGENBAUM,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. o ?_ 33 S 1, CW_1J IT -ell
CIVIL ACTION -LAW
IN DIVORCE & CUSTODY
NOTICE
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 judgement may also be entered against you for any other claim or
relief requested in these papers by the plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available at: The Office
of the Prothonotary, 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 Bar Association
32 S. Bedford Street
Carlisle, PA 17013
800-990-9108
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(7171236-9428 • FAX (7171 21A-M 7
ERIC C. ROGGENBAUM, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO.
JESSICA M. ROGGENBAUM, CIVIL ACTION -LAW
Defendant IN DIVORCE & CUSTODY
NOTICIA
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de
estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al
partir de la fecha de la demanda y la notificacion.
Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en
la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona.
Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden
contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la
peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
800-990-9108
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(7171236-9428 • FAX 1717) 9AR_9A17
ERIC C. ROGGENBAUM, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. O F- 3 3 56 Cu'-4 -Fee,
JESSICA M. ROGGENBAUM, CIVIL ACTION -LAW
Defendant IN DIVORCE & CUSTODY
COMPLAINT IN DIVORCE
AND NOW, comes the Plaintiff, Eric C. Roggenbaum, by and through his attorneys,
Meyers, Desfor, Saltzgiver & Boyle and files the following Complaint in Divorce and in
support thereof avers as follows:
1.
2.
3.
4.
5.
6.
7.
8.
Plaintiff is Eric C. Roggenbaum, an adult individual who currently resides at 1616
Maple Street, New Cumberland, Cumberland County, Pennsylvania.
Defendant is Jessica M. Roggenbaum, an adult individual who currently resides at
1616 Maple Street, New Cumberland, Cumberland County, Pennsylvania.
Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at
least six (6) months immediately previous to the filing of this Complaint.
The Plaintiff and Defendant were married on September 14, 2002 in New
Cumberland, Pennsylvania.
There have been no prior actions of divorce or annulment between the parties.
The marriage is irretrievably broken.
The Defendant is not a member of the United States Army or its allies.
Plaintiff has been advised that counseling is available and that Plaintiff may have the
right to request the court require the parties to participate in counseling, being so
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(7171236-9428 • FAX (717) 236-2917
Advised, Plaintiff waives that right.
9. Plaintiff requests the Court to enter a Decree of Divorce pursuant to Section 3301(C)
or 3301(D) of the Divorce Code.
WHEREFORE, Plaintiff, Eric C. Roggenbaum, respectfully requests this Honorable
Court enter a Decree in Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code.
COUNTS
COUNTI
EQUITABLE DISTRIBUTION
10. Paragraphs one through nine of the Complaint are incorporated by reference as if fully
set forth herein.
11. During the marriage, Plaintiff and Defendant have acquired various items of marital
property, both real and personal, which are subject to equitable distribution under the
Divorce Code.
12. Plaintiff requests that this Honorable Court equitably distribute all marital property
pursuant to the Divorce Code.
WHEREFORE, Plaintiff, Eric C. Roggenbaum, respectfully requests this Honorable
Court equitably distribute all property, both real and personal, tangible and intangible,
acquired by the parties during their marriage.
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
17171 236-9428 • FAX !7171 9RR-9817
COUNT II
CUSTODY
13. Paragraphs one through twelve of the Complaint are incorporated by reference as if
fully set forth herein.
14. There is one child born of this marriage, namely Ethan Michael Roggenbaum, born on
January 4, 2003.
15. The parties' minor child is currently residing with Plaintiff and Defendant at 1616
Maple Street, New Cumberland, Pennsylvania.
16. The parties' minor child has lived with both parents at 1616 Maple Street, New
Cumberland since his birth on January 4, 2003 until present day. Father of the child is
Plaintiff, Eric E. Roggenbaum. Mother of the child is Defendant, Jessica M.
Roggenbaum.
17. 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 or any other state.
Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect
to the child.
18. The best interest and permanent welfare of the child will be served by granting the
relief requested because it is in the child's best interests he maintain his relationship
6
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(7171236-9428 • FAX (7171 236-2817
. ,..
with both of his parents. Plaintiff requests the Court award the parties shared legal
custody and enter an appropriate visitation schedule.
19. Each parent whose parental rights to the child have not been terminated and the person
who has physical custody of the child have been named as parties to this action.
WHEREFORE, Plaintiff, Eric C. Roggenbaum, respectfully requests this Honorable
Court order shared legal custody of the child and establish a visitation schedule which is in the
child's best interests.
Respectfully submitted,
Meyers, Desfor, Saltzgiver & Boyle
410 North Second Street
P.O. Box 1062
Harrisburg, PA 17108
(717)236-9428
Attorney for Plaintiff
7
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (7171236-2817
Attorney 1.I). o 1 -162
. , V.
VERIFICATION
I,
Eric Carl Roggenbaum
, verify that the
statements made in this Complaint in Divorce
are true and correct to the best
of my knowledge, information and belief. I understand that falsE
statements herein are made subject to the penalties of 18 Pa.
C.S. Section 4904, relating to unsworn falsification to
authorities.
Dated: 5/30/2008
(X) Plain u
( ) Defendant
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX(717)236-2817
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ERIC C. ROGGENBAUM IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JESSICA M. ROGGENBAUM
DEFENDANT
2008-3356 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, June 05, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at__ 4th Floor, Cumberland County Courthouse, Carlisle on Monday, June 30, 2008 at 8:30 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/ ac uelrne M. Verne Es .
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
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ERIC C. ROGGENBAUM, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 08-3356-Civil Term
JESSICA M. ROGGENBAUM, CIVIL ACTION -LAW
Defendant IN DIVORCE & CUSTODY
ACCEPTANCE OF SERVICE
OF COMPLAINT IN DIVORCE
I, Jessica M. Roggenbaum, Defendant in the above-captioned matter, certify
acceptance of a copy of the Complaint in Divorce filed by Plaintiff, Eric C. Roggenbaum on
May 30, 2008.
Date: 100,10-Z k
v? L
essica M. Roggenbaur
COMMONWEALTH OF PENNSYLVANIA)
) SS:
COUNTY OF DAUPHIN
Sworn to and subscribed
before me this R? day
of , 2008.
Notary Public
COMMONWEALTH OF PENNSYLVANUI
CHRISTINA L. KEIIMM, twy Pnbik
City of Harrisburg, DauphinCo?
My Canmission Expires May It 2032
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
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JUL 012008,01 9?
ERIC C. ROGGENBAUM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2008-3356 CIVIL ACTION - LAW
JESSICA M. ROGGENBAUM, .
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this 3 day of _ , 2008, upon
consideration of the attached Custody Concili ion 14port, it is ordered and directed as
follows:
1. A Hearing is scheduled in Court Room No. , of the Cumberland
County Court House, on the AVt4 day of , 2008, at ?6,. q5
o'clock, A. M., at which time testimony will be en. For purposes of this Hearing,
the Father shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses who will
be expected to testify at the Hearing and a summary of the anticipated testimony of each
witness. These Memoranda shall be filed at least five days prior to the Hearing date.
2. Pending further Order of Court or agreement of the parties, the following
shall remain in full force and effect.
3. The Father, Eric C. Roggenbaum and the Mother, Jessica M.
Roggenbaum, shall have shared legal custody of Ethan Michael Roggenbaum, born
January 4, 2003. Each parent shall have an equal right, to be exercised jointly with the
other parent, to make all major non-emergency decisions affecting the Child's general
well-being including, but not limited to, all decisions regarding his health, education and
religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all
records and information pertaining to the child including, but not limited to medical,
dental, religious or school records, the residence address of the child and the other parent.
To the extent one parent has possession of any such records or information, that parent
shall be required to share the same, or copies thereof, with the other parent within such
reasonable time as to make the records and information of reasonable use to the other
parent. Both parents shall be entitled to full participation in all educational and
medical/treatment planning meetings and evaluations with regard to the minor child.
Each parent shall be entitled to full and complete information from any physician, dentist,
teacher or authority and copies of any reports given to them as parents including, but not
limited to: medical records, birth certificates, school or educational attendance records or
report cards. Additionally, each parent shall be entitled to receive copies of any notices
which come from school with regard to school pictures, extracurricular activities,
children's parties, musical presentations, back-to-school nights, and the like.
4. The parties shall have shared physical custody of the child on the
following schedule:
A. Mother shall have physical custody of the child overnight every
Monday, Tuesday and Friday at times agt'eed by the parties.
B. Father shall have physical custody of the child overnight every
Wednesday, Thursday and Sunday at times agreed by the parties.
C. The parties shall alternate Saturdays with Father having the first
Saturday. The exchange time shall be 12:00 noon.
5. The parties shall participate in a custody evaluation by Guidance
Associates. They shall share the cost of the evaluation by being responsible for the costs
associated with their respective household members.
6. Holidays: The following holidays shall be alternated as indicated from
9:00 a.m. to 9:00 p.m.
A. July O-Mother in 2008.
B. Labor Day-Father in 2008.
C. Thanksgiving-Mother in 2008.
D. Christmas shall be divided into two Blocks. Block A shall be from
2:00 p.m. on Christmas Eve to 2:00 p.m. on Christmas Day. Block B
shall be from 2:00 p.m. on Christmas Day to 2:00 p.m. on December
26. Father shall have Block A in even numbered years and Block B in
odd numbered years. Mother shall have Block A in odd numbered
years and Block B in even numbered years.
E. Easter-Father in 2009.
F. Memorial Day-Mother in 2009.
7. Mother shall always have physical custody of the child on Mother's Day
from 9:00 a.m. to 9:00 p.m. and Father shall always have physical custody of the child on
Father's Day from 9:00 a.m. to 9:00 p.m.
8. Each party shall be entitled to one uninterrupted week of physical custody
of the child during the summer provided they give the other party 15 days prior notice
and the location and telephone number where the child may be reached.
9. Neither party may smoke in the presence of the child and assure to the
extent possible that third parties do not smoke in the child's presence.
10. In the event that either party is in need of a babysitter for more than three
hours, they shall contact the non-custodial parent and offer said time to them.
11. The parties may modify this Order by mutual agreement. In the absence
of mutual consent, the terms of this Order shall control.
BY T COU
Z J.
cc: T, urie A. Saltgiver, Esquire, counsel for Father
Joanne Clough, Esquire, counsel for Mother
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JUL 012008
ERIC C. ROGGENBAUM,
Plaintiff
V.
JESSICA M. ROGGENBAUM,
Defendant
PRIOR JUDGE: None
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-3356 CIVIL ACTION - LAW
: IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1 • The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Ethan Michael Roggenbaum January 4, 2003
shared
2. A Conciliation Conference was held June 30, 2008 with the following
individuals in attendance: The Father, Eric C. Roggenbaum, with his counsel, Laurie A.
Saltzgiver, Esquire, and the Mother, Jessica M. Roggenbaum, with her counsel, Joanne
Clough, Esquire.
3• Father's position on custody is as follows: Father seeks shared legal
custody and primary physical custody during the school year and shared physical custody
in the summer. Father believes that the child should have a base from where he attends
school and since Father has remained in the marital home, the child should reside with
him primarily during the school year. He is willing to participate in a custody evaluation.
4. Mother's position on custody is as follows: Mother seeks shared legal
custody and shared physical custody. Mother maintains that as long as the child has a set
schedule, he will adapt to it during the school year. Mother is willing to cooperate with a
custody evaluation.
5. The Conciliator recommends an Order in the form as attached scheduling
a Hearing and establishing a shared physical custody schedule until the custody
evaluation and the hearing. It is expected that the Hearing will require one day.
Date acq ine M. Verney, Esquire
ustody Conciliator
ERIC C. ROGGENBAUM, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 08-3356-Civil Term
JESSICA M. ROGGENBAUM, CIVIL ACTION - LAW
Defendant IN DIVORCE & CUSTODY
ORDER OF COURT
AND NOW, this %tN day of Alovk 2008, the custody hearing
scheduled for August 21, 2008 at 8:45 a.m. is rescheduled for Thursday, October 23, 2008
at 8:45 a.m. at the Cumberland County Courthouse in Courtroom No. 2.
Distribution:
kaurie A. Saltzgiver, Esquire, P.O. Box 1062, Harrisburg, PA 17108, (717)236-9428
Attorney for Plaintiff
,316'anne H. Clough, Esquire, 3820 Market Street, Camp Hill, PA 17011, (717)737-5890
Attorney for Defendant
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
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ERIC C. ROGGENBAUM,
Plaintiff
vs.
JESSICA M. ROGGENBAUM,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-3356-Civil Term
CIVIL ACTION - LAW
IN CUSTODY
STIPULATION AND AGREEMENT FOR COURT ORDER
The parties to the above-captioned action, Eric C. Roggenbaum (hereinafter "Father")
and Jessica M. Roggenbaum (hereinafter "Mother"), hereby stipulate and agree to the
following shared legal and physical custody arrangement regarding their minor child namely,
Ethan Michael Roggenbaum, (hereinafter "Ethan") born on January 4, 2003.
Father, Eric C. Roggenbaum and Mother, Jessica M. Roggenbaum, shall have shared
legal custody of Ethan Michael Roggenbaum, born January 4, 2003. Each parent shall
have an equal right, to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the Child's general well-being including, but no
limited to, all decisions regarding his health, education and religion. Pursuant to the
terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the child including, but not limited to medical, dental, religious or school
records, the residence address of the child and the other parent. To the extent one
parent has possession of any such records or information, that parent shall be required
to share the same, or copies thereof, with the other parent within such reasonable time
as to make the records and information of reasonable use to the other parent. Both
parents shall be entitled to full participation in all educational and medical/treatment
planning meetings and evaluations with regard to the minor child. Each parent shall
be entitled to full and complete information from any physician, dentist, teacher or
authority and copies of any reports given to them as parents including, but not limited
to: medical records, birth certificates, school or educational attendance records or
report cards. Additionally, each parent shall be entitled to receive copies of any
notices which come from school with regard to school pictures, extracurricular
activities, children's parties, musical presentations, back-to-school nights, and the like.
2. The parties shall have shared physical custody of Ethan on the following schedule:
a. Mother shall have physical custody of Ethan overnight every Monday, Tuesday
and Friday at times agreed by the parties.
b. Father shall have physical custody of Ethan overnight every Wednesday,
Thursday and Sunday at times agreed by the parties.
C. The parties shall alternate Saturdays. The exchange time shall be 12:00 noon.
d. The exchange time shall be at 12:00 noon on non-school days. The exchange
time on school days shall be after school concludes for the day.
3. Holidays: The following holidays shall be alternated as indicated from 9:00 a.m. to
9:00 P.M.
a. July 4t'' - Mother in 2008
b. Labor Day - Father in 2008
C. Thanksgiving - Mother in 2008
d. Christmas shall be divided into two Blocks. Block A shall be from 2:00 p.m.
on Christmas Eve to 2:00 p.m. on Christmas Day. Block B shall be from 2:00
La.
p.m. on Christmas Day to 2:00 p.m. on December 26. Father shall have Block
A in even numbered years and Block B in odd numbered years. Mother shall
have Block A in odd numbered years and Block B in even numbered years.
e. Easter - Father in 2009
f. Memorial Day - Mother in 2009
4. Mother shall always have physical custody of Ethan on Mother's Day from 9:00 a.m.
to 9:00 p.m. Father shall always have physical custody of Ethan on Father's Day from
9:00 a.m. to 9:00 p.m.
5. Each party shall be entitled to two weeks of vacation time with Ethan during the
summer, provided they give the other party 15 days prior notice and provide the
location and telephone number where the child may be reached. These weeks may be
taken consecutively or non-consecutively.
6. Mother's birthday is December 30`h. Father's birthday is July 27th. Each of the
parties' may enjoy a period of physical custody of Ethan on their respective birthday,
with times to be agreed upon by the parties.
7. Neither party may smoke in the presence of the child and assure to the extent possible
that third parties do not smoke in the child's presence.
8. In the event that either party is in need of a babysitter for more than three hours, they
shall contact the non-custodial parent and offer said time to them.
9. The parties may modify this Order by mutual agreement. In the absence of mutual
consent, terms of this Order shall control.
d=sssspii?caa M. Roggenbaum
Joann ' 0 gh, s ire
10
Eric C. Rogge a
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ERIC C. ROGGENBAUM, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 08-3356-Civil Term
JESSICA M. ROGGENBAUM, CIVIL ACTION -LAW
Defendant IN CUSTODY
ORDER
AND NOW, this day of 08, the attached Stipulation and
Agreement for Court Order is hereby an Order of Court.
J.
Distribution:
Attorney for Plaintiff
aurie A. Saltzgiver, Esquire, P.O. Box 1062. Harrisburg, PA 17108 (717)236-9428
?!01rney for Defendant
Joanne H. Clough, Esquire, 3820 Market Street, Camp Hill, PA 17011 (717)737-5890
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ERIC C. ROGGENBAUM,
Plaintiff
vs.
JESSICA M. ROGGENBAUM,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08-3356-Civil Term
CIVIL ACTION -LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May
30, 2008.
The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
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 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: a 3 0 /OF'
Eric C. Roggen
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
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ERIC C. ROGGENBAUM,
Plaintiff
vs.
JESSICA M. ROGGENBAUM,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-3356-Civil Term
CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301(C) OF THE DIVORCE CODE
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.
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 Eat?0for
Eric C. Rogg b
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • PA. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX (717) 236-2817
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ERIC C. ROGGENBAUM, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 08-3356-Civil Term
JESSICA M. ROGGENBAUM, CIVIL ACTION - LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May
30, 2008.
The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
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 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: I m?61
ssica M. Roggenbaum
II MEYERS, DESFOR, SALTZGIVER 8 BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX(717)21A-9A17
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ERIC C. ROGGENBAUM, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 08-3356-Civil Term
JESSICA M. ROGGENBAUM, CIVIL ACTION -LAW
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301(C) OF THE DIVORCE CODE
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
unswom falsification to authorities.
Date 19 oa,5j 6? 4 gftVAM4?K4
J sica M. Roggenb
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236-9428 • FAX 17171 9'Aa-001 T
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D8- 3356
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT made this 30 day of ?Ce be-,'2008 by and between Eric C.
Roggenbaum (hereinafter referred to as "Husband") of New Cumberland, Pennsylvania and
Jessica M. Roggenbaum (hereinafter referred to as "Wife") of New Cumberland, Pennsylvania.
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on September 14, 2002 in New
Cumberland, Cumberland County, Pennsylvania; and
WHEREAS, one child has been conceived of this marriage; namely, Ethan Michael
Roggenbaum, born on January 4, 2003; and
WHEREAS, diverse differences and difficulties have arisen between the parties
respecting their interests, rights and title in and to certain property, real and/or personal, owned
by or in possession of the said parties to either of them; and
WHEREAS, Husband and Wife desire to settle and determine their rights and
obligations and to amicably adjust, compromise and forever settle all property rights and all
rights in, to or against each other's property or estate of any kind or nature whatsoever, including
property heretofore or subsequently acquired by either party and to settle all disputes existing
between them, including any and all claims for Wife's and/or Husband's rights to equitable
distribution, maintenance and/or support, alimony, alimony pendente lite, counsel fees and costs;
and
WHEREAS, the parties acknowledge and agree that in entering into this Agreement,
including foregoing waivers, they are each relying on truth and completeness in all material
respects as to all information provided by the other party hereto regarding the assets of such
person.
NOW THEREFORE, in consideration of the mutual promises, covenants and
agreements hereinafter contained, each of the parties hereto intending to be legally bound hereby
promises, covenants and agrees as follows:
DIVORCE: The parties agree that their marriage is irretrievably broken and that they
mutually consent to a divorce and agree and have executed all necessary Affidavits of
Consent and Waivers of Notice forms required by the court for the entry of a mutual
consent divorce. Both Husband and Wife have directed their respective counsel to
immediately file with the Court said Affidavits and Waivers and file the appropriate
documents to request a Decree in Divorce from the bonds of matrimony under Section
3301(c) of the Divorce Code.
2
2
3
FULL FORCE AND EFFECT: This Agreement shall continue in full force and
effect until such time of final Decree in Divorce is entered.
AGREEMENT TO CONTINUE IN EVENT OF DIVORCE: In the event that the
marriage of the parties hereto is terminated by divorce, this Agreement shall nevertheless
remain in full force and effect, and shall survive such decree and shall not in any way be
affected thereby, except as provided for herein.
4. 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, or
in any way harass or malign the other, nor in any way interfere with the peaceful
existence, separate and apart from the other.
WIFE'S DEBTS: Wife represents and warrants to Husband that since the date the
divorce was filed, to wit, May 30, 2008, she has not and in the future she will not,
contract or incur any debt or liability for which Husband or his estate might be
responsible and shall indemnify and save harmless Husband from any and all claims or
demands made against him by reason of debts or obligations incurred by her.
6. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the divorce
was filed, to wit, May 30, 2008, he has not and in the future he will not, contract or incur
any debt or liability for which Wife or her estate might be responsible and shall indemnify
and save harmless Wife from any and all claims or demands made against her by reason
of debts or obligations incurred by him.
7. DISCOVERY/FINANCIAL DISCLOSURE: The parties agree and acknowledge that
they have each had the opportunity to conduct discovery and investigation of the assets of
both parties. The parties agree and acknowledge that they have made full and fair
disclosure of all of their assets and income to the other party. The parties acknowledge
that they have both been given the opportunity to conduct investigation into all assets,
whether separate or marital, prior to entry into this agreement. Both Husband and Wife
acknowledge they have had full and fair disclosure of all assets prior to execution of this
agreement. Furthermore, the parties acknowledge that they have both had full disclosure
as to both parties income and financial condition.
MUTUAL RELEASES: Subject to the provisions of this Agreement, each party has
released and discharged, and by this Agreement does for himself or herself and his or her
heirs, legal representatives, executors, administrators and assigns, release and discharge
the other of and from all causes of action, claims, rights, or demands, whatsoever in law
or equity, which either of the parties ever had or now has against the other, except any or
all causes of action for termination of the marriage by divorce or annulment and except
4
any or all causes of action for breach of any provisions of this Agreement. Husband and
Wife specifically release and waive any and all rights he or she might have to raise claims
under the Pennsylvania Divorce Code and all subsequent amendments, but not limited to
claims for equitable distribution of marital property, support, alimony, alimony pendente
lite, counsel fees or expenses. The fact that a party brings an action to enforce the Marital
Settlement Agreement as incorporated in the divorce decree, under the Pennsylvania
Divorce Code and all subsequent amendments, does not give either party the right to raise
other claims under the Divorce Code, specifically waived and released by this paragraph
and all rights and obligations of the parties arising out of the marriage shall be determined
by this Agreement.
9. RELEASE OF TESTAMENTARY CLAIMS: Except as provided for in this
Agreement, each of the parties hereto shall have the right to dispose of his or her property
by Last Will and Testament or otherwise and each of them agree that the estate of the
other, whether real, personal or mixed, shall be and belong to the person or persons who
would become entitled thereto as if the decedent had been the last to die. This provision is
intended to constitute a mutual waiver by the parties of any rights to take against each
other's Last Wills under the present or future laws of any jurisdiction whatsoever and is
intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of
each.
5
10. AGREEMENT BINDING ON HEIRS: The parties acknowledge that except as
provided for in this Agreement, each of the parties shall have the right to dispose of their
respective property by Last Will and Testament, and that each party waives the right to
take under the Will of the other. This Agreement shall be binding on the respective heirs,
executors, administrators and assigns of the parties thereto.
11. ENTIRE AGREEMENT: This Agreement represents the entire agreement between the
parties. There are no representations, promises, agreements, conditions, or warranties
between the parties other than those set forth herein.
12. LEGAL ADVICE/VOLUNTARY EXECUTION: The provisions of this Agreement
and their legal effect have been fully explained to the parties by their respective counsel.
The Wife has employed and has had the benefit of counsel of Joanne H. Clough, Esquire,
as her attorney. The Husband has employed and has had the benefit of counsel of Laurie
A. Saltzgiver, Esquire, as his attorney. Each party acknowledges that they have received
independent legal advice from counsel and that each party fully understands the facts and
have been fully informed of their legal rights and obligations, and each party
acknowledges and accepts that this Agreement is, under the circumstances, fair and
equitable, and that it is being entered into freely and voluntarily after having received
such advice and with such knowledge, and that execution of this Agreement is not the
result of any duress or undue influence and that it is not the result of any collusion or
improper or illegal agreement or agreements. Also, each party hereto acknowledges that
6
he or she has been fully advised by his or her respective attorney of the current
Pennsylvania Divorce Law, and his or her rights thereunder, each party hereto still desires
to execute this Agreement acknowledging that the terms and conditions set forth herein
are fair, just, and equitable to each of the parties and waives their respective right to have
the Court make any determination or order affecting the respective parties' right to a
divorce, alimony, alimony pendente lite, equitable distribution of all marital property,
counsel fees and costs and expenses.
13. EQUITABLE DISTRIBUTION:
a. DISPOSITION OF REAL PROPERTY: Wife does hereby set over, transfer
and assign to Husband all of her right, title and interest in the marital residence
and contiguous properties located at 1616 Maple Street, New Cumberland,
Cumberland County, Pennsylvania 17070. The marital residence and contiguous
properties shall be the sole and exclusive possession of Husband.
Husband shall be responsible for repayment of the first and second
mortgages against said residence. Husband shall indemnify and save
harmless Wife from any and all claims or demands made against said
mortgages.
b. Pension Plans/Retirement Plans/IRA's: Wife shall keep as her sole and exclusive
possession any and all Pension Plans, Retirement Plans or IRA's in her name
alone. Husband waives any and all right or claim to said Pension Plans,
Retirement Plans or IRA's.
7
Husband shall keep as his sole and exclusive possession any and all
Pension Plans, Retirement Plans or IRA's in his name alone. Wife waives any
and all right or claim to said Pension Plans, Retirement Plans or IRA's.
C. Automobiles: Wife shall keep the Volkswagen Passat automobile as her sole and
exclusive possession free of any claim or demand by Husband. Wife shall be
responsible for payment of the lien against said automobile.
Husband shall keep the GMC Envoy automobile as his sole and exclusive
possession, free and clear of any and all claim or demand by Wife. Husband shall
be responsible for payment of the lien against said automobile. The parties agree
to execute any and all documentation necessary to give effect to the above
paragraphs.
d. Checking/Savings Accounts: Wife shall keep as her sole and exclusive
possession any and all checking and savings accounts in her name alone.
Husband waives any and all right or claim to said checking and savings accounts.
Wife shall keep the joint checking account at PSECU as her sole and
exclusive possession. Wife shall remove Husband's name from said account.
Husband shall keep as his sole and exclusive possession any and all
checking and savings accounts in his name alone. Wife waives any and all right
or claim to said checking and savings accounts.
e. Student Loans: Wife shall be responsible for the repayment of any and all
student loans in her name and incurred by her in obtaining her education. Wife
shall indemnify and save harmless Husband from any and all claims or demands
8
made against said student loans.
Husband shall be responsible for the repayment of any and all student
loans in his name and incurred by him in obtaining his education. Husband shall
indemnify and save harmless Wife from any and all claims or demands made
against said student loans.
f. Employee Benefits: Wife shall retain any and all employee benefits which she
may have through her current employment. Wife shall also be responsible for any
and all tuition reimbursement arrangements which she has with her current
employer, and all related expenses.
Husband shall maintain any and all employee benefits which he has
through his current employer.
g. Credit Card Debts: Wife shall be responsible for repayment of any and all credit
cards debts and/or charge accounts which are in her name alone. Wife shall
indemnify and save harmless Husband from any and all claims or demands made
against him by way of said Debts.
Husband shall be responsible for repayment of any and all credit cards
debts and/or charge accounts which are in his name alone. Husband shall
indemnify and save harmless Wife from any and all claims or demands made
against her by way of said Debts.
14. CHILD CARE EXPENSES AND MEDICAL INSURANCE AND MEDICAL
EXPENSES: The parties agree that they shall equally divide any costs of child care for
9
Ethan, as well as out of pocket costs for Ethan's medical insurance and medical expenses.
The parties shall cooperate and provide each other with copies of bills and invoices on a
regular basis and shall cooperate regarding these payment arrangements.
15. WAIVER OF RIGHT TO ALIMONY ALIMONY PENDENTE LITE SPOUSAL
SUPPORT, COUNSEL FEES COSTS AND EXPENSES: The parties hereby
acknowledge that they each waive their right to request alimony, alimony pendente lite,
spousal support, counsel fees, costs and expenses from the other unless otherwise
provided for in this Agreement.
16. 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 legal fees and costs incurred by the other in enforcing
their rights under this Agreement.
17. ADDITIONAL INSTRUMENTS:
a. Each of the parties shall from time to time, at the request of the other, execute,
acknowledge, and deliver to the other party any and all further instruments that
may be reasonably required to give full force and effect to the provisions of this
Agreement.
10
b. This Agreement shall be incorporated into a Divorce Decree but not merged
therein.
18. 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 default of the same or similar nature.
19. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in determining the rights or
obligations of the parties.
20. 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.
21. EXECUTION DATE: The execution date shall be defined as the date both parties
have signed this Agreement. In the event that the parties do not sign this Agreement at
the same time, the execution date shall be the date the last party has signed.
11
22. APPLICABLE LAW: This Agreement shall be construed pursuant to the laws of
the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year first above-written.
Eric C. Roggenba m
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Ossica M. Roggenba
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ERIC C. ROGGENBAUM, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 08-3356-Civil Term
JESSICA M. ROGGENBAUM, CIVIL ACTION -LAW
Defendant 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:
Ground for Divorce: irretrievable breakdown under Section 3301(c)
2. Date and manner of service of the Complaint: Personally served upon the
Defendant Acceptance of Service signed by the Defendant on June 5 2008 and filed with the
Prothonotarxon June 6, 2008.
3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c)
of the Divorce Code: by the plaintiff December 30, 2008; by the defendant December 23,
2008.
4. Related claims pending: No other claims are pending.
5. Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached, if the decree is to be entered under section 3301(d)(1)(i)
of the Divorce Code.
(b) Date plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the
prothonotary: December 31, 2008.
Date defendant's Waiver of Notice in § 3301(c) Divorce was filed with the
prothonotary: December 31, 2008.
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108
(717) 236-9428 - FAX (717) 236-2817
c C'1
Eric C. Roggenbaum
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Jessica M. Roggenbaum NO. 08-3356
DIVORCE DECREE
AND NOW, `g .zoc 9 > it is ordered and decreed that
Eric C. Roggenbaum , plaintiff, and
Jessica M. Roggenbaum , 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.") None.
The Marital Settlement Agreement dated December 30, 2008 is hereby
incorporated but not merged herein.
By the Court,
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4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Eric C. rgg!jG nbCCcv?,j
Plaintiff
Vs File No. 09-336(42
IN DIVORCE
Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff / defendant in the above matter,
[select one by marking "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 C r I b b s , and gives this
written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704.
Date: 4Pf 16 /Cyq ,
SignattiO
Signature of name eing resumed
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
On the -/ I day of jUjd? , 2008, before me, the Prothonotary or the
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 he / she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hereunto set my hand and official
seal.
NOTARIAL SEAL
PROTHONOTARY, NOTARY PUBLIC
CARLISLE CUMBERLAND COUNTY COURTHOUSE
MY COMMISSION EXPIRES JANUARY 4, 2010
Notary blic
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