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HomeMy WebLinkAbout08-4760 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA L. ROGERS, Plaintiff V. JARED W. ROGERS, Defendant Civil Action - Law 08 - q-,W 0,1vi t Term In Divorce NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 WEIGLE & ASSOCIATES, P.C. - ATQ'ORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA L. ROGERS, Plaintiff V. JARED W. ROGERS, Defendant Civil Action - Law • & , oj. 51746 &, T.;.. In Divorce COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE COUNT I - IRRETRIEVABLE BREAKDOWN AND NOW, comes the above named Plaintiff, Tina L. Rogers, by and through her attorneys, Weigle & Associates, P.C., and Jerry A. Weigle, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff, Tina L. Rogers, is an adult individual presently residing at 61 Independence Drive, Shippensburg, Cumberland County, Pennsylvania 17257, since July 31, 2007. 2. Defendant, Jared W. Rogers, is an adult individual presently residing at 61 Independence Drive, Shippensburg, Southampton Township, Cumberland County, Pennsylvania 17257, since October 31, 2007. 3. The Plaintiff and Defendant are nationals and citizens of the United States of America, and both have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of the Complaint in Divorce. 4. The Plaintiff and Defendant were married on July 22, 1995, in Great Lakes, Illinois. 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 the Plaintiff may have the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. 8. Although the parties still live under the same roof in the marital residence known as 61 Independence Drive, Shippensburg, Cumberland County, Pennsylvania they have lived separate and apart within the said residence since July 24, 2008. 9. The Plaintiff requests the court to enter a decree of divorce. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of Plaintiffs Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage from July 22, 1995, until July 24, 2008, date of separation, all of which property is "marital property". 12. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of the marriage and or subsequent to its acquisition during the marriage, which increase in value a marital property. 13. Plaintiff and Defendant may not be able to agree as to an equitable division of said property to the date of the filing of this Complaint and substantial portions of said property are in the exclusive control of Defendant. 14. Plaintiff requests the Court to equitably divide all marital property. WHEREFORE, Plaintiff requests the Court to equitably divide all marital property and to enjoin Plaintiff and Defendant from the removal, disposition, alienation, or encumbering of all real and personal property of the parties. COUNT III - INDIGNITIES GROUNDS FOR DIVORCE 15. Paragraphs 1 through 14 of this Complaint are incorporated herein by reference as though set forth in full. 16. Defendant has offered to the person of the Plaintiff, Plaintiff being the innocent and injured spouse, such indignities as to render Plaintiff's condition intolerable and Plaintiff's life burdensome. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ¦ 1 WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled. r By: WEIGLE & ASSOCIATES, P.C J A. Wei le, Esquire A omey for P aintiff Attorney ID # 01624 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSSURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce 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. Dated: ` acv " (?)tfqcD Tina L. Rogers, Pla,i WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 -b? Sv ? 00 O v r` ew '. z7 - z 7 1 r . TINA L. ROGERS, Plaintiff v JARED W. ROGERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4760 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE BROOKE L. NAUGLE, being duly sworn according to law, deposes and says that on August 19, 2008, a true and attested copy of Complaint in Divorce with Notice to Defend and Claim Rights was served upon the Defendant, JARED W. ROGERS. Manner of service: by mailing the same postage paid, certified mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: Jared W. Rogers 305 Park West Drive Pullman, Washington 99163 The return receipt signed by the Defendant is evidence of delivery to him and is attached hereto as "Exhibit A." Al pl? BR L. NAU E Sworn to and subscribed before me this 22nd day of August, 2008. Q f Notary Public J®rrr A. Wsigie, fury Public Shippenaburg, PA Cumberland County My Commission Expires 0ct^1: , 2010 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 •r V NO. 08-4760 CIVIL TERM JARED W. ROGERS, CIVIL ACTION - LAW Defendant IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA L. ROGERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT OF SERVICE PROOF OF SERVICE ¦ Complete Items 1, 2, and 3. Also complete Item 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 tixr#bnt If space permits. 1. Article Ad*ssed to: Jare . Rneers 305 *k West Drive Pul fi1i ashington -99163 JIVF? A. Signatue x ? Agent `-? Addressee ived by ( Name) C. Date of Delivery - 1-og D. D. Is from kem 11 ? Yes below: & No A UG 1 9 2008 e sprees Mail ? Ra % alum Receiptfor Merchandise 13 Insured mail. 13 C.O.D. 4. Restricted Delivery? (Extra Fee) es 2- Article Number 7005 1820 0005 6338 4767 (rnrn fw hvm sarvke kg* Ps Form 3811, February 20014 Domestic Rdum Rsoulpt 1 4µ,,54p WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 `f cn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tina L. Rogers, Plaintiff Civil Action - Law V. Jared W. Rogers, AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on August 7, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the decree. I verify that the statements 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 un-sworn falsification to authorities. Dated: in AAAd No 08-4760 Defendant In Divorce a?4' A - 2?z-) Tina L. Rogers, Plainti WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - 5HIPPENSBURG. PA 17257-1397 C`> r•`' C.? Fri P ? CA) L1 `t"r 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tina L. Rogers, Plaintiff Civil Action - Law V. Jared W. Rogers, Defendant No 08-4760 In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Dated: Tina L. Roger-s,'PlaintitjF WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 t•,.} u:i t:? '+ :,_) i'i r / ?! ?' ~ W , ,? ?° ,- .? `? `` M} _JJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tina L. Rogers, Civil Action - Law Plaintiff V. Jared W. Rogers, No 08-4760 Defendant In Divorce AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on August 7, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the decree. I verify that the statements 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 un-sworn falsification to authorities. Dated: Z- Z 710 8 4- ed W.1 o aintiff WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 s-.? <<:? c:?5 :: ""il 'T) f ;s: - L? ? ? ?; ? -t: ? ,' - ?) , ??_ '; ' ? - ._ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tina L. Rogers, Civil Action - Law Plaintiff V. Jared W. Rogers, No 08-4760 Defendant In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Dated: f Z Z? 0 J W. 7117 100011- WEIGLE GLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 rt C-Z ""' f! + 13 }} Page 1 of 10 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this,,2 ft day of 2008, by and between Jared W. Rogers, hereinafter referred to as Husband, of 1145 32n Place, N.E., Auburn, Washington 98002 and Tina L. Rogers, hereinafter referred to as Wife, of 61 Independence Drive Shippensburg„ Pennsylvania 17257. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on July 22, 1995, in Great Lakes, Illinois, with one (1) child having been born of the marriage; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling some of their respective financial and property rights and obligations as between each other including, without limitation by specification: the implementation of custody for a minor child of the parties; the equitable division of marital property; and the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: AGREEMENT NOT A BAR TO DIVORCE 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 exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation, on the part of either party hereto, of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Pennsylvania Divorce Code, as amended. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 2 of 10 AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement may be incorporated into any divorce decree, which may be entered with respect to them. DATE OF EXECUTION The "date of execution" or "execution date" of the 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. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Tina L. Rogers, by Jerry A. Weigle, Esquire, who is attorney for Tina L. Rogers and who prepared this marital agreement. Jared W. Rogers acknowledges that he has been advised of his right to seek independent legal counsel and he has decided not to do so. Both parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations and understand the same. The parties hereto further acknowledge and accept that this Agreement is, in 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. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment, which to him or her may seem advisable. 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 him or her. SEPARATION DATE The parties do hereby acknowledge that they separated on or about July 24, 2008. It is hereby agreed that July 24, 2008, shall be the separation date for purposes of equitable distribution WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 3 of 10 under the Pennsylvania Divorce Code unless altered by subsequent agreement of the parties in writing and signed by each of the parties. No attempt at reconciliation shall be considered to alter the separation date unless evidenced by written agreement. MOTOR VEHICLES A. The parties agree that the following motor vehicles were acquired during this marriage and are to be considered marital property and are to be disposed of as follows: (a) 2004 Dodge Ram SRT 10 pick-up truck - Said vehicle, presently titled in the names of Tina L. Rogers and Jared W. Rogers and in the possession of Jared W. Rogers will be sold at the earliest possible time with the net proceeds of sale or less therein to be divided equally between husband and wife. The parties further agree to equally be responsible for all loan payments, maintenance, and insurance on said vehicle until sold. (b) 2008 Scion XB - The parties agree that Wife shall become the sole and exclusive owner of the parties' 2008 Scion XB motor vehicle. Wife shall be solely responsible for all payments of the automobile loan for the said vehicle. The parties agree the title to said vehicle vested solely in name of Wife immediately Wife causing said vehicle loan obligation to be refinanced solely in the name of Wife. The parties hereto specifically agree that Wife shall assume the sole and exclusive obligation to pay said vehicle loan obligation and shall reimburse and indemnify Husband in the event of a default. Husband agrees to sign any and all documents necessary to transfer title of said vehicle into Wife immediately upon being advised that the above-referenced financing has been completed and the original loan obligation which includes Husband's name satisfied. Any and all costs associated with said title transfer shall be borne solely by Wife. (c) 2008 Subaru Im rp eza - The parties specifically agree that Husband shall become the sole and exclusive owner of the parties' said motor vehicle. Husband shall be solely responsible for all payments of the automobile loan for the 2008 Subaru Impreza. The parties agree the title to said vehicle shall become vested solely in name of Husband immediately upon Husband causing said vehicle loan obligation to be refinanced solely in the name of Husband. The parties hereto specifically agree that Husband shall assume the sole and exclusive obligation to pay said vehicle loan obligation and shall reimburse and indemnify Wife in the event of a default. Wife agrees to sign any and all documents necessary to transfer title of said vehicle into II Husband immediately upon being advised that the above-referenced financing has been completed and the original loan obligation which WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 4 of 10 includes Wife's name satisfied. Any and all costs associated with said title transfer shall be borne solely by Husband. PERSONAL PROPERTY Husband and Wife do hereby acknowledge they have previously divided their tangible personal property, including but not limited to jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, vehicles, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items, which shall become the sole and separate property of the other. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were not married. DIVISION OF MARITAL DEBT Husband and Wife agree that marital debt incurred by Husband and Wife, either individually or joint during the time they lived together as husband and wife shall be divided between them in accordance with the following schedule: Tina Jared Bank of America Card $6,875.00 $6,875.00 Furniture $1,200.00 Negative Equity $4,000.00 Lawyer Fees $1,600.00 Moving Expenses $3,000.00 TOTAL $13,675.00 $9,875.00 Each party agrees to indemnify and hold the other party harmless from and against any and all of the above referenced obligations they have assumed. WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 5 of 10 REAL ESTATE The parties hereto acknowledge and agree that they are owners of a home residence known as 61 Independence Drive, Shippensburg, Southampton Township, Cumberland County, Pennsylvania more specifically described in Cumberland County, Pennsylvania, at Instrument No. 200742312. The parties further agree that said home residence will be listed for sale with a reputable professional real estate agent and sold, with the net proceeds of sale to be equally divided between husband and wife. Until final settlement, Wife and the couple's minor child should have sole and exclusive possession of said marital residence. Husband agrees to pay one- half of the monthly mortgage payments, home insurance premiums and real estate property taxes until final settlement. Wife is responsible for coordinating and paying all bills and associated costs of operating this home until final settlement. WIFE'S PENSION PLAN Wife was employed at Schweitzer Engineering Laboratories, of Pullman, Washington, during the time that husband and Wife lived together as husband and wife, having accrued a pension benefit of $125,194.22, as of the date of separation. The parties agree that said pension benefit shall be equally divided between Husband and Wife in accordance with the Employer ESOP plan document, a summary of which is attached hereto and mad a part hereof. HUSBAND'S PENSION PLAN Husband was employed at Schweitzer Engineering Laboratories, of Pullman, Washington, during the time that Husband and Wife lived together as husband and wife, having accrued a pension benefit of $86,258.00, as of the date of separation. The parties agree that the said pension benefit shall be equally divided between Husband and Wife in accordance with the Employer ESOP plan document, a summary of which is attached hereto and mad a part hereof. WARRANTY AS TO EXISTING OBLIGATIONS Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. WARRANTY AS TO FUTURE OBLIGATIONS II Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 6 of 10 otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur a liability whatsoever for which the estate of the other may be liable. CUSTODY AND VISITATION OF MINOR CHILD A. The parties agree that legal custody of the couples' minor child, Nicholas D. Rogers shall be shared equally between Husband and Wife. Parties further agree that primary residential custody of Nicholas D. Rogers shall be with the Wife, subject to Husband's exercise of rights of partial custody according to the schedule hereinafter set forth. B. Parties agree that Husband shall exercise periods of partial residential custody from time to time as may be agreed to by the parties hereto based upon the respective schedules of Husband, Wife and minor child, the geographic distance between Husband and Wife's respective households and the needs of the said minor child. CONSULTATION PRIVILEGES In addition to any provisions which may be contained herein regarding custody and visitation, Husband and Wife shall have the following rights with respect to the child: reasonable telephone calling privileges; access to report cards and other relevant information concerning the progress of the child(ren) in school; approval of extraordinary medical and/or dental treatment except in the case of an emergency and provided that such approval shall not be unreasonably withheld; approval of summer camp and schools provided that such approval shall not be unreasonably withheld. CHILD SUPPORT FOR NICHOLAS D. ROGERS Parties hereto agree that Husband shall pay to Wife the full sum of Three Hundred Dollars ($300.00) per month toward the support of Nicholas D. Rogers from the date of this agreement until such time as this Marital Settlement Agreement is amended by agreement by the parties hereto or modified by an appropriate order of court issued in accordance with current support guidelines in the County, and state where Wife and minor child reside. LEGAL FEES Wife shall pay the cost of legal fees incurred in preparation of this marital agreement and all legal fees and court costs in connection with obtaining a 3301(c) No-Fault Divorce. Husband agrees to cooperate by executing the necessary consents and other documents required to effectuate said divorce, as requested by Wife's attorney. INCOME TAX RETURNS The parties agree to file separate federal and state income tax returns. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 7 of 10 DEPENDENCY EXEMPTIONS FOR INCOME TAX For purposes of federal and state income taxes, Wife shall claim herself and Nicholas D. Rogers. The parties agree to file separate tax returns. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatsoever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such 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, courtesy, or claims in the nature of dower or courtesy 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, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife 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 Agreement or for the breach of any provision thereof. 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. DIVORCE The parties hereto agree to enter into a mutual consent divorce under Section 3301(c) of the Pennsylvania Divorce Code, as amended. Wife agrees to pursue the present divorce action filed to No. 08-4760 Civil, 2008, in the Court of Common Pleas of Cumberland County, Pennsylvania, and to be the Plaintiff therein. Defendant agrees to sign the necessary documents, including the Affidavit of Consent, at such time after the ninety (90) days of filing of the Complaint and further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 8 of 10 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 future 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. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 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. WAIVER OF ALIMONY AND OTHER RIGHTS The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, Action of April 2, 1980, Number 1980-26, as amended, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and except as specifically provided for in this agreement, hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. FINANCIAL DISCLOSURE The parties confirm that they have relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 9 of 10 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 breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 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 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 void or alter the remaining obligations of the parties. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: TINA L. ROGERS ED W. WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 10 of 10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS On this, the day of 2008, before nW,-,a, Notary Public, the undersigned officer, personally appeared Tina L. Rogers, known to me 4:& the,pexson whose name is subscribed to the within Agreement and acknowledged that she, executed the same' for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. G- STATE OF WASHINGTON COUNTY OF (SEAL) Jerry X Weigle Notary Public Shippensburg, A Cumberland County SS My Comm ssion Expires October 7, 2010 On this, the da_ day of -Decr-,,, be y- , 2008, before me a Notary Public, the undersigned officer, personally appeared Jared W. Rogers, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. '#**, • • r r • s r r r+?, y W,. (SEAL) WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ca n p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA L. ROGERS, V. Plaintiff JARED W. ROGERS, Defendant Civil Action - Law 08-4750 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: August 19, 2008, by mailing postage paid, certified mail, addressee only, and return receipt requested at Shippensburg, Pennsylvania. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff, August 8, 2008; by Defendant, August 19, 2008. 4. Related claims pending: None - The attached Marital Agreement between the parties dated shall be incorporated but not merged into this Decree in Divorce pursuant to the said Agreement. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 5. Date of filing of the Plaintiff's Waiver of Notice required by § 3301(c) of the Divorce Code was filed with the Prothonotary: Plaintiff's, December 19, 2008 Date of filing of the Defendant's Waiver of Notice required by § 3301(c) of the Divorce Code was filed with the prothonotary: Defendant's, December 27, 2008 WEIGLE & ASSOCIATES, P.C. C?",.- JerTVA. Weigl ,Esquire Attorney for Plaintiff Attorney 1D # 01624 126 East King Street Shippensburg, PA 17257 'T'elephone (717)532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 z?a rr, ? { ?! Tina L. Rogers V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jared W. Rogers NO. 08-4760 DIVORCE DECREE T3:orp.M . AND NOW, 010G , it is ordered and decreed that Tina L. Rogers , plaintiff, and Jared W. Rogers , 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.") The terms of the Marital Settlement Agreement dated December 27, 2008 may be incorporated, but shall not be merged into this decree. Attest: J. Prothonotary ,? ?. MAY 14 2009 ? TINA L. ROGERS, Plaintiff, V. JARED ROGERS, Defendant, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COURTY, PENNSYLVANIA CIVIL ACTION -LAW 084760 CIVIL TERM IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER FOR 401M PLAN Order is entered in connection with a division of marital property pursuant to the divorce o the parties. This Order is intended to be a "qualified domestic relations order" within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code") and S ("ERISX' 1. Employee into the juI comply wi hereto to e 2. Order (hei Revenue l martial pi amended. 3. 206 of the Employee Retirement Income Security Act of 1974, as amended It is hereby ORDERED, ADJUDGED AND DECREED: Background. This Order pertains to the Schweitzer Engineering Laboratories, Inc. Stock Ownership Plan (ESOP) (herinafter referred to as the "Plan"); is incorporated figment order dissolving the marriage of the parties; and may be amended if necessary to th the Code. The Court retains jurisdiction of the subject matter hereof and the parties the terms of this Order. Applicable Law. This Order is intended to be a Qualified Domestic Relations fter referred to as "QDRO") as that term is defined in Section 414(p) of the Internal and Section 206(d)(3) of ERISA. This Order relates to the equitable division of as defined under the Pennsylvania Domestic Relations Code of 1980, as Definitions. As used in this Order, the following terms shall apply: WEIGLE i& ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 a. "Participant" shall mean Tina Rogers, whose current address is 61 Independence Drive, S$ppensburg, Pennsylvania, 17257 and whose Social Security Number is 209-56-1047 and whose d to of birth is November 4, 1975. b. "Payee" shall mean Jared Rogers, whose current address is 1145 32nd Place NE, Auburn, A 98002 and whose Social Security Number is 534-08-3403 and whose date of birth is April 2, 1976. C. "Administrator" shall mean The ESOP Committee for Schweitzer Engineering Laborato 'es, Inc., 2350 NE Hopkins Court, Pullman, WA 99163. 4. Assignment to Payee. The Payee (who is the former spouse of the Participant) is awarded d assigned 50% of amount of the retirement account accrued during the marriage. At the time f the divorce action, the Participants account was valued at approximately $125,194.22. The Paye is awarded and assigned 50% of the value, not to exceed $62,597.00. 5. Commencement of Assigned Benefits to Payee. The Payee shall receive the assigned benefit under the Plan as soon as administratively practicable following the Adminis tor's determination that this Order is a Qualified Domestic Relations Order. 6. Form of Payment. The Payee shall receive the assigned benefit under this Order in the form of. a single sum cash payment designated to a separate account of the Payee's choice. 7. Death of the Participate. The death of the Participate, either before or after the Payee has received payment of the Payee's assigned benefit, shall neither affect the Payee's right to paymen of the assigned benefit nor entitle the Payee to additional benefits. 8. Death of the Payee. If the Payee dies prior to receiving payment of benefits assigned der this Order, the benefits payable under this Order shall be paid to Payee's estate. 9. Mailing to Last Known Address. All appropriate payments, notices and other nic tions shall be mailed to the Participate and the Payee at the respective addresses set forth abov?, until such time as the Participant or Payee advises the Administrator in writing of the occurrence of a change of address. Any benefit payment or communication to the Payee at the Payee's 1 known address shall operate on a complete discharge of the obligations, with respect to such vavhnent or communication of the Plan. WEIGLE 6?? ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 r' 1 V. Parties to Cooperate. If the Administrator of the Plan does not agree that this is a "Qualified" Domestic Relations Order under Code Section 414(p), each party shall cooperate and do all Qualified Date: J. Witness: reasonably necessary to devise a form of Order acceptable to the Administrator as a Relations Order. /s' - 09 BY THE Participate: TINA L. ROGERS Date: oz, I I I 0? C Payee: DW.RO Date: a5 //Z A 9 WEIGLE &?, ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ?T Ino 6601 ri_e `• ?f nl? I' I_{ u => MAY 14 2009 TINA L. RIOGERS, Plaintiff, V. JARED . ROGERS, Defendant, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COURTY, PENNSYLVANIA CIVIL ACTION -LAW 08-4760 CIVIL TERM IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER FOR 401(19 PLAN s Order is entered in connection with a division of marital property pursuant to the divorce o the parties. This Order is intended to be a "qualified domestic relations order" within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code") and Section 206 of the Employee Retirement Income Security Act of 1974, as amended ("ERISN' . It is hereby ORDERED, ADJUDGED AND DECREED: 1. Background. This Order pertains to the Schweitzer Engineering Laboratories, Inc. Employee Stock Ownership Plan (ESOP) (herinafter referred to as the "Plan"); is incorporated into the judgment order dissolving the marriage of the parties; and may be amended if necessary to comply with the Code. The Court retains jurisdiction of the subject matter hereof and the parties hereto to ?nfbrce the terms of this Order. 2.1 Applicable Law. This Order is intended to be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO") as that term is defined in Section 414(p) of the Internal Revenue Code and Section 206(d)(3) of ERISA. This Order relates to the equitable division of martial property as defined under the Pennsylvania Domestic Relations Code of 1980, as amended. 1 3. Definitions. As used in this Order, the following terms shall apply: WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 v a. "Participant" shall mean Jared Rogers, whose current address is 1145 32nd Place NE Aub , WA 98002 and whose Social Security Number is 534-08-3403 and whose date of birth is Ap "12, 1976. b. "Payee" shall mean Tina Rogers, whose current address is 61 Independence Drive, Shippensb g, Pennsylvania, 17257 and whose Social Security Number is 209-56-1047 and whose date of bi is November 4, 1975. c. "Administrator" shall mean The ESOP Committee for Schweitzer Engineering Laboratories, Inc., 2350 NE Hopkins Court, Pullman, WA 99163. 4. Assignment to Payee. The Payee (who is the former spouse of the Participant) is awarded d assigned 50% of amount of the retirement account accrued during the marriage. At the time o the divorce action, the Participants account was valued at approximately $86,258.74. The Pay is awarded and assigned 50% of the value, not to exceed $ 43,129.37. 5. Commencement of Assigned Benefits to Payee. The Payee shall receive the assigned benefit under the Plan as soon as administratively practicable following the Administr tor's determination that this Order is a Qualified Domestic Relations Order. 6. Form of Payment. The Payee shall receive the assigned benefit under this Order in the form f a single sum cash payment designated to a separate account of the Payee's choice. 7. Death of the Participate. The death of the Participate, either before or after the Payee h received payment of the Payee's assigned benefit, shall neither affect the Payee's right to payme t of the assigned benefit nor entitle the Payee to additional benefits. 8. Death of the Payee. If the Payee dies prior to receiving payment of benefits assigned der this Order, the benefits payable under this Order shall be paid to Payee's estate. 9.1 Mailing to Last Known Address. All appropriate payments, notices and other communisations shall be mailed to the Participate and the Payee at the respective addresses set forth abo?e, until such time as the Participant or Payee advises the Administrator in writing of the occurren a of a change of address. Any benefit payment or communication to the Payee at the Payee's 1 t known address shall operate on a complete discharge of the obligations, with respect to such payment or communication of the Plan. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 10. Parties to Cooperate. If the Administrator of the Plan does not agree that this is a "Qualified' I Domestic Relations Order under Code Section 414(p), each party shall cooperate and do all Qualified Date: reasonably necessary to devise a form of Order acceptable to the Administrator as a Relations Order. gohalo9 BY THE CO . J. Witness: Participate: D W. S Date: Z d Payee: TINA L. R ERS Date: lT 9 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 L,??