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HomeMy WebLinkAbout09-0727JENNIFER ROUSE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 7a7 PAUL ROUSE, 4;?J Defendant IN DIVORCE NOTICE TO DEFEND 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 the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SA?IS, ?L.OWEIj.-8?LI?dDSAY SAIDIS, FLOWER & LINDSAY AT1U4 NErWX- AW 26 West High Street Carlisle, PA Carol J. Lindsay, Attorney Id. 446 26 West Hig trees Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff JENNIFER ROUSE, Plaintiff V. PAUL ROUSE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. a4- 7d 7 Ccv A `Ttz, IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Jennifer Rouse, an adult individual, residing at 614-B North Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. The Defendant is Paul Rouse, an adult individual, residing at 406 Pine Road, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 4, 1985 in SAIDIS, FLOWER & LINDSAY AT[OR1LWAi uw 26 West High Street Carlisle, PA Johannesburg, South Africa. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. SAIDIS, FLOWER & LINDSAY Carol J. Lindsay; E5 Attorney Id. 4469 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, FLOWER & LWDSAY AT?AW 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. Jennifer Rouse Date: ?Lj 51 ?o O\ FLONVFR ? LEVDSAY 26 West High Street Carlisle, PA Q _'> IX3 7C: co C JENNIFER ROUSE, Plaintiff vs. PAUL ROUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-727 Civil Term IN DIVORCE ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE Please enter my appearance in the above matter for the Defendant Paul Rouse. I hereby accept service of the Divorce Complaint on behalf of the Defendant this date. z5- T-tb zo<yj Date Swn)jel L. ndes Attorney for Defendant Supreme Court ID #17225 j.., ?r `?_ ? ?,,y C" ?? G ? -? JENNIFER ROUSE, Plaintiff VS. PAUL ROUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-727 CIVIL TERM IN DIVORCE DEFENDANT'S OBJECTIONS TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS AND N OW comes the above-named Defendant, by his attorney, Samuel L. Andes, and makes the following objections to Plaintiff's Request for Production of Documents: 1. Plaintiff's first four requests request information about Defendant's assets and liabilities. At or shortly before the time of the parties' marriage, they signed a Pre-Nuptial Agreement in which they waived the right to make any claim against assets held in the other party's name. A copy of that Pre-Nuptial Agreement is attached hereto and marked as EXHIBIT A. 2. By virtue of the Pre-Nuptial Agreement signed by the parties, Plaintiff has no claim against or interest in any of Defendant's assets. Because of that, Plaintiff's first four requests are improper, unnecessary, immaterial and, as a result, burdensome and oppressive. 3. Plaintiff's fifth request, at least in the first sentence, requests information about social security benefits which have been accrued by Defendant. This court does not have jurisdiction to divide or distribute social security benefits and, as a result, this request is irrelevant, inmaterial, and unnecessary and, as a result of that, burdensome and oppressive. 4. The second part of Plaintiff's Request 5 requests information about marital debt. Claims for or relating to marital debt are barred by the Pre-Nuptial Agreement signed by the parties, a copy of which is attached hereto. As a result, this request is unnecessary, irrelevant, and inmaterial and, as a result, burdensome and oppressive. WHEREFORE, Defendant objects to Plaintiff's Request for Production and asks this to strike all five of those requests and excuse him from producing any of the information in this requests. el T- An Attorney for Defendant Supreme Court ID# 17225 525 North 12'hStreet P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 EXHIBIT A 0$0 as p?{spnt Manager o{ Osdu by Artue of my COfnrni' National Bank Lxnkad ,,.?...1...:............... mom IR'ME a?STREER HERDIE -11- 04 „.. REGISTERED THIS'........ ..„ ................. AkUka a-------- 06968 D Office ran AMaa JOHANNESBIIR(? of ON" lam I certify that Revenue Stamps to the value of R5,00 have, according to Law, been affixed to the original hereof filed in my Protocol. H 4360 /1985 Notary blic Protocol No. 74 Antrnuptial 01.1ontrart with the Exrlus ton of top Arrrual -454 ystr m in terms of the atrtmattial f raprrty Art, 1984 VP if #PPPtg mabP known THAT on this 3rd day of October before me RADFORD JOHN PILKINGTON JORDAN Notary Public, practising at Johannesburg in the Province of Transvaal appeared PAm STamm RoOSB Identity Number 561105 5065 006 and JENNIM HALL DE LAN Identity Number 630929 0128 10 6 1985, Major Bachelor \ n Major Spinster And / war Commisioner of Oaths by virtue of my office as Assistant Manager of ys National Bank Limited And the Appearers declared that whereas a marriage has been agreed upon, and is intended to be solemnised between them, they have agreed and now contract with each other as follows: 1. That there shall be no community of property between them. 2. That there shall be no community of profit or loss between them. 3. That the Accrual System provided for in terms of Chapter I of the Matrimonial Property Act, 1984 (Act No. 88 of 1984) is expressly excluded. UPON all which terms and conditions the said intended Consorts declared their intention to become married one to the other and each bound himself and herself to allow to the other the full force and effect hereto under obligation of their respective persons and property according to Law. EXECUTED at JOHANNESBURG on the day month and year first aforementioned in the presence of the undersigned witnesses. AS WITNESSES: 1. i'JS TtHC 2603111 i 27 Pi 12: 21 f ,fr:; FILED -OFFICE-* r'= ICE PROF€-ION AJ", ' ` 2,9I I JAN -3 Ate 11:159 JENNIFER ROUST ? ) Plaintiff "UM ERI. AN' C Ue T ,,. ) PENNSYLVAI=IIA, ) VS. ) } PAUL ROUSE, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-727 CIVIL TERM IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated at the end of October 2008 and have continued to live separately and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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 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: Z "Z1 z? PAUL ROUSE JENNIFER ROUSE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 2009 - 727 CIVIL TERM PAUL ROUSE Defendant IN DIVORCE r rr-, - ?` T cn r` PRAECIPE FOR ENTRY OF APPEARANCE 77 TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Jennifer Rouse, in the above captioned case. Respectfully submitted, Abrah?in Pro sky, Esquire Attorney laintiff Supreme e rt Id # 209787 674 Stover Court Hummelstown, PA 17036 JENNIFER ROUSE IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW PAUL ROUSE NO. 2009 - 727; Defendant IN DIVORCE= z PROOF OF SERVICE _ W I, Abraham Prozesky, hereby certify that a copy of the foregoing Motion to Determine the Sufficiency of Defendant's Objections to Plaintiff's First Set of Requests for Production of Documents, with accompanying Brief, was mailed to counsel on February 3, 2012 by first-class United States mail, postage prepaid, addressed as follows: SAMUEL L. ANDES, ESQUIRE 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 1408 relating to falsification to authorities. Dated: Z 3 2 U 1 BY: ' ABRA PROZ ?Y, ESQUIRE Attorney PI , iff PA ID # 2097 674 Stover urt Hummelstown, PA 17036 JENNIFER ROUSE, Plaintiff V. PAUL ROUSE, Defendant log' IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT NO: 2009-727 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO DETERMINE SUFFICIENCY OF DEFENDANT'S OBJECTIONS TO REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO DEFENDANT RULE TO SHOW CAUSE AND NOW, this ?b day of February, 2012, upon review of Plaintiff's Motion to Determine Sufficiency of Defendant's Objections to Request for Production of Documents Addressed to Defendant, a RULE is issued upon Defendant, Paul Rouse, to show cause why the relief requested in Plaintiff's Motion should not be granted. RULE RETURNABLE within 20 days from the date of this order. By the-Court. I __:::> Tho a A. Placey C.P.J. istribution List: D ? Abraham Prozesky, Esq. 674 Stover Ct. - - Hummelstown PA 17036 , Attorney for Plaintiff rn Samuel L A d E . n es, sq. 525 North Twelfth Street r r . P.O. Box 168 Lemoyne, PA 17043 ='- -? Attorney for Defendant 1 r'°a JENNIFER ROUSE IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW PAUL ROUSE : NO. 2009 - 727 Defendant : IN DIVORCE PLAINTIFF'S BRIEF IN SUPPORT OF HER MOTION TO DETERMINE THE SUFFICIENCY OF DEFENDANT'S OBJECTIONS TO PLAINTIFF'S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS 1. STATEMENT OF THE CASE The parties are engaged in an ongoing divorce action, begun in February 2009. On October 25, 2008, the parties entered into a written agreement regarding some of their economic claims in anticipation of filing an action in divorce. The Agreement of October 28, 2008 acknowledged Plaintiff's right to a share of marital property and expressly stated that it did not resolve all of the outstanding financial and economic issues existing between the parties. On or about, February 11, 2009, Plaintiff filed an action in Divorce, and on May 7, 2009 served Requests for Production of Documents on Defendant. Defendant filed objections claiming that a document labled "Antenuptual Contract with the Exclusion of the Accrual System in terms of the Matrimonial Property Act, 1984, with Protocol No. 74, No. H 4360/1985", (hereinafter "Antenuptual Contract") executed in South Africa on October 3, 1985 barred any economic claims between the parties. In addition, Defendant objected to production of social security documents on the basis that the court lacked jurisdiction to divide or distribute social security benefits. II. (?IESTION PRESENTED IS PLAINTIFF ENTITLED TO AN ORDER OVERRULING DEFENDANT'S OBJECTIONS TO HER FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS? Suggested Answer: YES III. ARGUMENT Pennsylvania Rule of Civil Procedure 4009 allows Defendant to file objections to Plaintiff s Request for Production of Documents, but Plaintiff is entitled to the Court's ruling on such objections. The Agreement of October 25, 2008 shows that the parties have marital property, financial and economic matters to be concluded as part of their divorce. Plaintiffs discovery requests are relevant to the dispute between the parties. See E.J. McAleer & Co. v Iceland Products, Inc. 62 D&C 2d 65, at 68 for a Cumberland County opinion regarding Defendant's burden of supporting his objections where Plaintiff has shown that discovery responses are warranted. The actions of the parties show that there are issues of marital property, financial and economic matters to be resolved. That these matters are in dispute is evident on the face of the Agreement of October 25, 2008. The terms of the Agreement of October 25, 2008 are irreconcilable with the terms of the Antenuptual Contract. The Agreement of October 25, 2008 is only one piece of evidence that the Antenuptual Contract relied upon by Defendant is irrelevant to the present dispute between the parties, but it is sufficient to overrule Defendant's objection to answering Plaintiffs discovery requests. See Estate of Kester, 477 Pa. 243, 383 AA.2d 914 (1978) for discussion of subsequent acts invalidating a contract. Even if the court looks at the Antenuptual Contract executed in the Republic of South Africa in 1985, it would first have to determine what it meant in accordance with the law of the Republic. of South Africa and would then have to determine if it applied to the property and other rights presently held by the parties in Pennsylvania. Sabad v Fessenden, 825 A.2d 682 (Pa.Super. 2003). It is not necessary for the court to determine what the 1985 document means, since Defendant has acted contrary to the terms of the Antenuptul Contract in obtaining property in common with Plaintiff during their marriage, and has admitted that the parties have marital property and economic claims arising during their marriage. These marital property and economic claims are rightly within the jurisdiction of this court, and are properly the subject of discovery sought by Plaintiff. The Agreement of October 25, 2008 shows that Defendant and Plaintiff were not living according to the terms of the Antenuptual Contract. The preamble notes that the parties had reached `some agreement as to their finances', and Paragraph 2 of that agreement further specifically addressed Plaintiff's share of `marital property'. Paragraph 6 stated that the Agreement was not intended to be a `full, final, or complete resolution of the economic claims between the parties arising out of their marriage or any divorce action to be filed.' All of these terms are irreconcilable with the terms of the Antenuptual Contract. For Defendant to claim that the Antenuptual Contract bars Plaintiff's right to discovery of the documents requested in this case belies the Defendant's explicit admissions that there are marital assets at stake. The parties abandoned the Antenuptual Contract during their marriage. An Antenuptual Contract such as that entered into by the parties in 1985 can be repudiated, replaced, amended, or simply discarded by the parties at any time- even under the law of South Africa. See Isaacs v Isaacs 1949(1) SA 952 (C) and JPW v CW, Case Nr: 1640/2008, for discussion of a subsequent agreement between parties defeating an Antenuptual Contract. Such repudiation can be evidenced by the conduct of the parties or the parties' entry into a new agreement, either verbally or in writing. In the case of Jennifer Rouse and Paul Rouse, the actions of the parties show that they no longer intended to be bound by the Antenuptual Contract relied upon by Defendant as a bar to discovery in this case. Defendant's objection that social security documents should not be produced because the court lacks jurisdiction to divide or distribute social security benefits is unfounded, because the proper question is whether or not production of such documents will lead to relevant, material information, and as a result, this objection should be overruled. See Pa.R.C.P. 4003.1. Plaintiff is not asking this court to divide or distribute social security benefits, merely to order Defendant to produce this economic and financial data to Plaintiff. Production of such material may lead to discoverable material and materially advance the case thorough potential amendment of Plaintiff's Complaint. Plaintiff respectfully requests the Court to enter an Order granting the relief requested in Plaintiff's Motion to Determine the Sufficiency of Defendant's Objections to Plaintiff's First Set Request for Production of Documents. IV. CONCLUSION For the foregoing reasons, Plaintiff respectfully requests that this Honorable Court enter an Order in the form attached hereto granting the relief requested herein. Respectfully submitted, Dated: '2- b- /10) 2 BY: Attorney for Plaintiff PA ID # 209787 674 Stover Court Hummelstown, PA 17036 17 ASSISTED BY: TH MAS A. W MMER, ESQUIRE Attorney for Plaintiff PA ID # 45294 619 Appenzell Drive Hummelstown, PA 17036 r -A T C- M 15 Q JENNIFER ROUSE IN THE COURT OF COMMON PLEA S, Plaintiff ; CUMBERLAND COUNTY, P1?TN £.? V., NIA _E V. CIVIL ACTION - LAW PAUL ROUSE NO 2009 - 727 cn . Defendant IN DIVORCE -< oo .c i n a PLAINTIFF'S PETITION FOR DECLARATORY RELIEF TO DETERMINE WHICH AGREEMENT GOVERNS ` .i `- THE MARITAL ECONOMIC ISSUES BETWEEN THE PARTI ES AND NOW comes the Plaintiff, Jennifer Rouse, by and through her attorney, Prozesky and avers as follows: 1. Plaintiff, Jennifer Rouse, and Defendant, Paul Rouse, were married on Octobe? 4, 1985 in Johannesburg, South Africa. 2. Plaintiff and Defendant signed a document labeled "Antenuptial Contract with Exclusion of the Accrual System in terms of the Matrimonial Property Act, 1984, with Protocol 74, No. H 436071985", (hereinafter "Antenuptial Contract"). A true and correct copy of Antenuptial agreement, is attached hereto and made a part hereof , marked as Plaintiff's Exhibit" ?-" 3. On October 25, 2008, Plaintiff and Defendant signed a document "Agreement" (hereinafter the "later Agreement"). A true and correct copy of the later Agreemen? is attached hereto and made a part hereof, marked as Plaintiff's Exhibit`B". 4. Plaintiff filed an action in Divorce on February 11, 2009 in the Court of Pleas of Cumberland County under the above captioned docket number. 5. On May 7, 2009, Plaintiff served Defendant, Paul Rouse with a First Set of for Production of`Documents. 6. On May 27, 2009, Defendant filed objections to Plaintiff's Requests for of Documents, attaching the Antenuptial agreement. Defendant objects to providing response to Plaintiff's requests for production of documents, citing the document executed in Johannesburg, South Africa in 1985, and which refers to the laws of the Republic of South Africa as a basis for is objections to discovery in this divorce action, and also objects on the basis that this court does have jurisdiction to divide or distribute Social Security benefits. 7. Plaintiff filed a Motion to Determine Sufficiency of Defendant's objections Request for Production of Documents Addressed to Defendant on February 3, 2012. 8. Defendant responded on February 17, 2012 and delivered an Answer that was to filed. Throughout the Answer Defendant maintained that the South African Antenuptial agreement governs all marital and economic issues. 9. Ai the same time, Defendant provided, by way of letter dated February 17, 2012, the documents as'requested in the Request for Production. Defendant also confirmed his on the Antenuptial agreement and that that agreement is valid and enforceable. 10. After examination of the documents provided by Defendant by financial it was found that there are hundreds of thousands of dollars of marital property at issue in case. 11. Plaintiff is respectfully of the opinion that the later agreement signed Pennsylvania governs the economic issues between the parties and has repudiated, substituted amended the Antenuptial agreement. 12. Plaintiff and Defendant, through counsel, have engaged in an extended dialogue attempt to resolve this dispute, but have thus far failed to reach agreement on concerning in to agreement governs the economic issues between the parties. 13. Defendant, by his actions subsequent to the Antenuptial Contract has rejected, ignored and/or amended that agreement, such that reliance on the Antenuptial Contracf is improper and should be estopped. 14. Evidence that Defendant repudiated, rejected, ignored and/or amended Antenuptial Contract is shown by the existence of the later Agreement between the parties into on October 25, 2008 which demonstrates that Defendant understood that the Contract does not bar economic claims in this action. 15. Further evidence of Defendant's understanding that the parties have property to be divided is contained in Paragraph 2 which specifically discusses Plaintiff's share of the `marital property'. 16. The later Agreement of October 25, 2008 does not address all of the marital economic issues to be resolved by the parties, as evidenced by Paragraph 6 of the later of October 25, 2008 which states that the Agreement: "is not intended as a full, final or complete resolution of the economic claims between the parties arising out of their marriage or any divorce action to be filed. It is intended to address and resolve the matters specifically addressed in this agreement." 17. Defendant should be estopped from relying on the Antenuptial agreement as a for withholding equitable distribution in this case where Defendant has executed a agreement which expressly admits Plaintiff's right to a share of marital property and other property. 18. Defendant has repudiated, rejected, ignored or amended such Antenuptial through his subsequent actions which include, but are not limited to, adoption of a Agreement concerning marital property, finances and economic interests. Defendant entered into a postnuptial agreement with Plaintiff. 19. Defendant has admitted that the parties have marital property and financial economic claims arising out of the marriage. These claims are irreconcilable with the terms of Antenuptial agreement. 20. The postnuptial agreement was drafted at Defendant's insistence and was drafted by Defendant and his counsel. Defendant was represented by counsel at the time of signing postnuptial agreement. 21. Defendant is represented by Mr. Samuel L. Andes, Esquire. Mr. Andes' was sought by facsimile, email and regular mail. At the time of the filing of this petition indicated non-concurrence. WHEREFORE, Plaintiff respectfully requests this Honorable Court, to enter an Order the law of the Commonwealth of Pennsylvania shall govern all issues of dispute between the par and that the antenuptial contract entered into in the Republic of South Africa on October 3, L was replaced by the later agreement entered into in the Commonwealth of Pennsylvania on Octo 25, 2008. Plaintiff is entitled to equitable distribution to the extent not already covered under later agreement of October 25, 2008. Respectfully submitted, Dated: BY: ABRAHP?dVi SKY, ESQUIRE Attorney fo laintiff PAID# 2 9787 674 Stover Court Hummelstown, PA 17036 VIERMCATION The above-named Plaintiff, Jennifer Rouse, verifies that the statements made in the attached Petition for Declaratory Relief are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: --4 Signature: 'Z.._ Jennifer Rouse, Plaintiff Plaintiff's Exhibit "A" Commisioner f Oaths by virtaa of my office as Assistant Manager of i c.ank L:..•itad H 4360 /1d85 ANTENUPTIAL CONTRACT NO. between PAUL STEPHEN ROUSE and JENNIFER HALE DE LAN ATTORNEY GRANT KAPLAN 6th Floor, 11 Diagonal St e JOHANNESBURG. 2001. --F1 C1±STREBR HIERDIE ?gRc _t 1_ 04 F? ISTEREDTHIS ............... ....... _..... ......... Aktokentoor ... =`' O"ds Offtce _ IsImt vin Airn J014LNNFgn1lan *Qk' f Of Deeds I certify that Revenue Stamps to the value of R5,00 have, accordin to Law, been affixed to the original hereof filed in my Protocol. Notary blic H_ 4360 Protocol No. 74 Antmuptial 0,Tko'ntr iirt with the Exr totjan of t1jr ,?rrruttl ?s#rr? in terms of the Antrimunial 11rnp.rd-Y Art, 1904 W r it 4prphy mMhp known THAT on this 3rd day of October before me RADFORD JOHN PILKINGTON JORDAN Notary Public, practising at Johannesburg in the Province of Transvaal appeared PAUL STEPHEN ROUSE Identity Number 561105 5065 006 and JENNIFER HALE DE LAN Identity Number 630929 0128 10 6 19 s! Major Bachelor Major Spinster And/ 1988 Qa ??4 Commisienar cr C;aths by virtue of my offics 3s Assistant Manager of ys National Bank Limited And the Appearers declared that whereas a marriage has been agreed upon, and is intended to be'solemnised between them, they have agreed and no contract with each other as follows: 1. That there shall be no community of property between them. 2. That there shall be no community of profit or loss between them.' 3. That the Accrual System provided for in terms of Chapter I of the Matrimonial Property Act, 1984 (Act No. 88 of 1984) is expressly excluded. UPON all which terms and conditions the said intended Consorts decl their intention to become married one to the other and each found himself and herself to allow to the other the full force and effect hereto under obligation of their respective persons and property according to Law. EXECUTED at JOHANNESBURG on the day month and year first aforementi in the presence of the undersigned witnesses. AS WITNESSES: Plaintiff's Exhibit "B" AGREEMENT AND NOW, this ZSr,a day of a cT??rti between: 2008, this agreement is mad PAUL S. ROUSE of 406 Pine Road, Mt. Holly Springs, Pennsylvania, hereinafter "Paul"; and by and to as JENNIFER ROUSE of 406 Pine Road, Mt. Holly Springs, Pennsylvania, hereinafter referred to as "Jennifer". WITNESSETH: WHEREAS, the parties are husband and wife having been married on 4 October 1985; and are the parents of two children, Alexandra Rouse, currently 21 years of age, and Nicholas James Rous?, currently age 16; and WHEREAS, Jennifer has decided to commence a divorce action and the parties have Jennifer will vacate the residence at 406 Pine Road so that Paul and the children can remain there; and WHEREAS, the parties have reached some agreement as to their finances and wish to agreement reduced to writing for their mutual protection. NOW, THEREFORE, in consideration of the above recitals and of the mutual iding that ve that is hereinafter set forth, and intending to be legally bound and to legally bind their heirs, successor, and assigns, the parties hereto do hereby covenant, promise, and agree as follows: 1. Paul shall advance to Jennifer funds up to $50,000.00, to permit Jennifer to live out?ide of the family residence at 406 Pine Road. The advances will be made as requested by Jennifer but sh 11 not exceed a total of $50,000.00 without further written agreement of the parties. 2. The funds advanced by Paul to Jennifer pursuant to Paragraph 1 shall be considered an advance of Jennifer's share of the marital property in the event that the parties conclude a div?rce. Such advance will be credited against Jennifer's equity in the residence at 406 Pine Road as that eq?ity is eventually determined by the parties in accordance with Paragraph 3 of this agreement. 3. The parties agree that their equity in the residence at 406 Pine Road shall be deten?ined as follows: A. The parties will agree upon a fair market value of the residence at the date t decide to divide it If they cannot agree, they will have the property appraised and will determine its fair market value based upon a good faith appraisal. B. From the fair market value as determined in accordance with sub-paragraph hereof, the parties will deduct the balance owed on the mortgage against the property the date of this agreement or the closest time to the date of this agreement for which th can calculate the principal balance of the mortgage. C. The equity shall be the balance left after deducting the mortgage balance on date of this agreement from the fair market value as determined in accordance with sub- paragraph A hereof. The parties will cooperate with each other and, if necessary, with the appraiser to implement this paragraph. A Df terms of 4. As of the date Jennifer moves out of the residence at 406 Pine Road, Paul shall be responsible to pay the monthly installment on the mortgage, the annual real estate taxes, and the other utiliti?s and expenses associated with or resulting from his occupancy of the property. The parties agree that, in light of such payments, Paul and the children shall be entitled to occupy the property rent free. " -2- 5. Paul shall have the right to prepay all or any part of th; mortgage balance o??? ed or? the residence at his discretion. Regardless of when or how he does that, however, the equity- of th? parties in such residence shall be determined by using the mortgage balance at the date of this agreement, in accordance with Paragraph 3 hereof. 6. This agreement is not intended as a full, final, or complete resolution of the economic claims between the parties arising out of their marriage or any divorce action to be filed. It is in address and resolve the matters specifically addressed in this agreement. 7. This agreement shall be interpreted, applied, and enforced in accordance with the by the courts of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hands and seats the day only to of and year first above written. C Witness Witness PAUL S. ROUSE JENNIFER ROUSE -3- Y COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) On this, the 25- day of Dc-T , 2008, before me, the undersigned, officer, perso ally appeared PAUL S. ROUSE known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarlai Seal Maureen Rosado, Notary Public C' '1, 8oro, Cumberland County My C Commission Expires Jan. 1a, 2012 Member, PennsylvaMa AssocJaB"n of Notaries My Commission Expires: COMMONWEALTH OF PENNSYLVANIA ) ( SS.. COUNTY OF CUMBERLAND ) On this, the 2?5- day of C) 2008, before me, the undersigned officer, per, onally appeared JENNIFER ROUSE known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the urpos therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Maureen Rosado, Notary Public Carlisle Boro, Cumberland County My Commission Expires Jan. 18, 2012 Member, Pennsylvania Assocltlon of Notaries t--?2? -1 - 2-My Commission Expires: -4- 1 ? j JENNIFER ROUSE IN THE COURT OF COMMON PLEA S, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW PAUL ROUSE NO. 2009 - 727 Defendant IN DIVORCE , ---' ? rte t? , ? .... AFFIDAVIT OF SERVICE D I hereby certify that I am this 8`h day of August, 2012 serving the foll owing d?e nM A. Petition for Declaratory Relief and Verification B. Order C. Plaintiff's Brief upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pa. R.C.P.: 1. Mr. Samuel L. Andes, Esquire, attorney for Defendant at his last known address: 5 North Twelfth Street, P.O. Box 168, Lemoyne, PA 17043 by: a. U.S. First Class Regular Mail, postage pre-paid at the foregoing address. b. Email at address lawandes@aol.com c. Fax at 717-761-1435 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 Ps.C.S. Section 4904, relating tc unsworn falsification to authorities. Respectfully S , Date: Abralia ozesky, Esquire At, to y for Plaintiff PA # 209787 674 tover Court Hummelstown, PA 17036 Tel: (717) 982-1532 I r? T i.{ 3 ^? ?f?GcrOj',?j?+ i".%E tj1,'1 JENNIFER ROUSE, Plaintiff vs. PAUL ROUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-727 IN DIVORCE NOTICE TO PLAINTIFF NAMED HEREIN: YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED ANSWER AND NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Date: C?3--IA Samuel L. Andbs Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 JENNIFER ROUSE, Plaintiff VS. PAUL ROUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-727 IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR DECLARATORY RELIEF AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and iE makes the following Answer, with New Matter, to Plaintiff's Petition for Declaratory Relief: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. it 5. Admitted. 6. Denied as stated. Defendant's objections are in the record and speak for themselves. No characterization or description of them is necessary. 7. Admitted. 8. Admitted with clarification. Defendant, at the suggestion of his counsel, agreed to provide the requested documents in an effort to advance the case with a minimum of litigation and dispute. Defendant did so while expressly reserving his argument that none of the assets disclosed are marital property by virtue of the Ante-Nuptial Agreement signed by the parties at the time of their marriage. Defendant also contends that most of the assets held in his name at this time 'are not marital property because they were received as inheritances or as gifts from persons other than Plaintiff. 9. Admitted. 10. Denied. Defendant has no information about "financial auditors" or any other persons who have examined the documents and offered any opinion as to marital property at issue in'tthis case. That information is within the exclusive control of Plaintiff and her advisors and so Defendant demands proof thereof at any hearing. By way of further answer, Defendant incorporates herein, by reference, the averments set out in his New Matter. 11. Denied. The Agreement signed by the parties in 2008 does nothing to abrogate, diminish, or contradict the intention, result, or significance of the Ante-Nuptial Agreement signed by the parties at the time of their marriage. In fact, the 2008 agreement is expressly limited to disposition of the parties' interest in real estate they owned and expressly disavows addressing any other claims. 12. Denied as stated. There have been some discussions regarding a possible resolution of the case, but there has not been any extended dialog. 13. Denied. There is nothing in Defendant's conduct which has repudiated, rejected, ignored, or amended the Ante-Nuptial Agreement. To the contrary, both parties have lived under the Ante-Nuptial Agreement since they signed it and both parties have accepted the benefits of it without protest. 14.. Denied. The 2008 Agreement deals, by its express terms, only with the disposition of the residential real estate owned by the parties, which is not an asset involved in the Ante- Nuptial Agreement. The Ante-Nuptial Agreement did not apply to that property and so the parties entered into a separate agreement dealing with it. Nothing in their actions with regard to the 20018 Agreement repudiated, rejected, ignored, or amended the Ante-Nuptial Agreement. The Ante-Nuptial Agreement is still valid and enforceable. 15. Admitted, with clarification. The 2008 Agreement mentions "marital property" because the parties had acquired marital property, primarily in the form of a residence which they purchased in joint names, after their marriage which was not involved in or barred by the Ante-Nuptial Agreement. The 2008 Agreement was intended to resolve matters relating to the assets which were outside of the Ante-Nuptial Agreement and nothing more. There is nothing in the 2008 Agreement which rejects or modifies in any way the terms, effect or import of the Ante-Nuptial Agreement. 16. Denied as stated. The provisions of the 2008 Agreement speak for themselves and do not need described or clarified here. By way of clarification, however, Defendant states that the language in the Agreement makes it clear that the Agreement was intended only to address the matters expressly set forth in the Agreement and not resolve any other issues. That language, however, does not affect, limit, or otherwise modify the provisions of the Ante- Nuptial Agreement which remain in full force and effect. 17. Denied. Signing a limited agreement, designed to resolve limited matters between the parties and no other matters, is not a basis to estop the enforcement of the Ante-Nuptial Agreement knowingly and voluntarily executed by the parties. 18. Denied. Defendant has not repudiated, rejected, ignored, or amended the Ante- Nuptial Agreement by any of its subsequent actions, expressly including the actions described in Paragraph 18 of Plaintiff s Petition. 19. Admitted in part and denied in part. Defendant admits that there were marital assets owned by the parties which were subject to marital claims which either of the parties could have raised. However, those facts do not adversely affect the validity or enforcement of the Ante- Nuptial Agreement which specifically excludes the parties other assets as marital property. 20. Admitted. By way of further answer, Defendant states that Plaintiff either consulted counsel or had ample opportunity to consult counsel and to obtain counsel's advice prior to signing the Ante-Nuptial Agreement. 21. It is admitted that Mr. Andes represents Defendant but denied that he did not express his non-concurrence to Plaintiff's counsel. WHEREFORE, Defendant prays this court to deny Plaintiff's Petition for Declaratory Judgment and to ratify and confirm the Ante-Nuptial Agreement between the parties as valid and enforceable in this matter. NEW MATTER By way of further Answer, Defendant sets forth the following New Matter: 22. The averments set forth in Defendant's Answer are incorporated herein by reference. 23. At the time the parties signed the Ante-Nuptial Agreement, Plaintiff had sufficient time and opportunity to consult with an attorney of her choice and to obtain legal advice and counsel regarding the Agreement and its effects. 24. Prior to signing the Agreement, Plaintiff either received independent legal advice or knowingly and voluntarily waived her right to have such advice. 25. Plaintiff signed the Ante-Nuptial Agreement freely and voluntarily. 26. Plaintiff read and understood the Ante-Nuptial Agreement before signing it. 27. Plaintiff was aware of the legal significance of signing the Ante-Nuptial Agreement 'i at the time she signed it. 28. Both before and during the marriage, Defendant received substantial assets in the form of gifts or inheritances from members of his family or other persons. None of the inheritances or gifts were received from Plaintiff. 29. The assets Defendant received by gift from third parties or from inheritances are not marital property as defined by the law of the Commonwealth of Pennsylvania. ii 30. The Ante-Nuptial Agreement was valid under the laws of South Africa at the time it was signed. 31. The Ante-Nuptial Agreement was executed by both parties in the Republic of South Africa. 32. By its very terms, the Ante-Nuptial Agreement is subject to the laws of the Republic i of South Africa and must be interpreted, applied, and enforced by those laws. 33. The Ante-Nuptial Agreement continues to be valid and enforceable. 34. Under the laws of the Republic of South Africa, which control the Ante-Nuptial Agreement, that Agreement cannot be modified except by leave of court. 3'S. Neither parry ever sought or obtained leave of court to modify, amend, or set aside the Ante-Nuptial Agreement. 36. At the time the parties signed the 2008 Agreement, they owned, in joint names as tenants by the entireties, real estate at 406 Pine Road, Mt. Holly Springs, Pennsylvania. 37. The 2008 Agreement was intended by both parties to provide cash to Plaintiff to meet her financial needs at the time, in the form of an advance against her marital interest in that real estate. 38. The Agreement makes no provision for, does not recognize, and does not mention, I any other marital property owned by the parties. 39. Except for the residence at 406 Pine Road, the parties own no other significant R marital assets. i; 40. There is no provision of the 2008 Agreement which repudiates, amends, revokes, cancels, or otherwise modifies any of the terms of the Ante-Nuptial Agreement signed by the parties at the time of their marriage. i• WHEREFORE, Defendant prays this court to dismiss Plaintiff s Petition and to confirm the validity of the Ante-Nuptial Agreement signed by the parties at the time of their marriage. Sam l L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12t' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn j falsification to authorities). Date: '00' "*Za Zv VOL I Al\-? PAUL ROUSE k i I i CERTIFICATE OF SERVICE I !hereby certify that I served an original of the foregoing document upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Abraham Prozesky, Esquire 674 Stover Court Hummelstown, PA 17036 Date: Amy arkins Secretary for Samuel L. Andes JENNIFER ROUSE IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVILACTI(?N-LAW PAUL ROUSE NO. 2009 - 727 Defendant IN DIVORCE AFFIDAVIT OF SERVICE I hereby certify that I am this 21" day of November, 2012 serving the following dropun~cents: --~. c A. Praecipe to transmit record "~ ~ ~- -Y. .~ ~ o ~ ;- ~r B. Plaintiff's and Defendant's consent and waiver ~ ~ ~`~ ~ ~ ~. _ --, C. Proposed Divorce Decree and Information Sheet z`+~ ~ ~~%`= ~....~ .~r.~ upon the person(s) and in the manner indicated below, which service satisfies the ` requirements of the Pa. R.C.P.: 1. Mr. Samuel L. Andes, Esquire, attorney for Defendant at his last known address: 525 North Twelfth Street, P.O. Box 168, Lemoyne, PA 17043 by: a. U.S. First Class Regular Mail, postage pre-paid at the fi~regoing address. b. Email at address: N/A. c. N/A. 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 Ps.C.S. Section 4904, relating to unsworn falsification to authorities. Respectfully Date: ~ 1 '~ 1 Z_ squire PA ID # 9787 1195 Ga way Lane Harrisburg, PA 17111 Tel: (717) 982-1532 JENNIFER ROUSE IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW PAUL ROUSE NO. 2009 - 727 ,-., - ~~ C :. ; "_ Defendant IN DIVORCE -c~-=~ ``' ~~" °`~ ~1-- ~ ~ '- ter,- ;, cn c~ "~ AFFIDAVIT OF CONSENT ~ °'~ r ~~ ,__~:,, 1. A complaint in divorce under §3301(c} of the Divorce Code was file ~`r_Fel~ar r. 2009. =. ~'" 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of divorce. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. 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. Section 4904 relating to unsworn falsification to authorities. Date: ~ 1- t `? --z" 1~- Signature: Paul Rouse, Defendant JENNIFER ROUSE IN THE COURT OF COMMON PLEAS. Plaintiff _ CUMBERLAND COUNTY:. PENNSYLVANIA v. CNIL ACTION -LAW ~ t~~ PAUL ROUSE NO 2009 - 727 ~ - - . ---- ~ . ~ , Defendant IN DIVORCE ~`(~ 1 1 '1 d~ '""' 1~.~ ~r1':- Q.„.~ V ~ ~_ ' V ~~~s ~~•i AFFIDAVIT OF CONSENT -~' ~ -'~ c J - ~ ~ ;~ c~ ~ - 1. A com hint in divorce under 3301 c of the Divorce Code was filed on Fe '~~~ ~. 2009 - r- 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of divorce. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301tc) OF THE DIVORCE CODE 4. I consent to the entry of a final decree of divorce without notice. ~. I understand that I may lose rights concerning alimony, division of property, lav~yer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I will not be divorced until a divorce decree is entered by the Coup and that a copy of the decree will be sent to me immediately_ after it is filed with the ?rothonotarv. 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 PaC.S. Section 4904 relating to unsworn falsification to authorities. ~~ __ Date: ll ~ `~ ~ ~ Signature: ~---- ~---a ~,~--.~, 3ennifer Rouse. Plaintiff _ r-:-; + - , L~.w ~; ' .....,+, . ±~ ~~ `;~. ( '~~ PROPERTY SETTLEMENT AGREEMENT ~r~-~ r~ ~` }^ ~".' ~ THIS AGREEMENT, made this ~~~ day of November 2012, is by and betweern•r,~: ~ "- PAUL S. ROUSE of 406 Pine Road, Mt Holly Springs Pennsylvania, herinafter referred to as "Husband"; and JENNIFER H ROUSE of 15 Yankee Drive, Mt Holly Springs Pennsylvania, hereinafter referred to as "Wife"' WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on 4 October 1985 and are the natural parents of two children: Alexandra Hale Rouse and Nicholas James Rouse, both of whom are adults and who are not the subject of the Agreement (hereinafter referred to as "children"); andWHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No.. 09-727 before the Court of common Pleas of Cumberland country, Pennsylvania; WHEREAS, the parties hereto have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision. for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept. promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. MARITAL RESIDENCE. Wife shall convey and transfer to Husband, to be his sole and separate property thereafter, the former marital residence known and numbered as 406 Pine Road, Mt Holly Springs, Cumberland County, Pennsylvania. Wife shall execute and acknowledge a Special Warranty Deed conveying all of her right, title and interest in and to the property to Husband and deliver that Deed within twenty (20) days of the date it is presented to her or her representative by Husband or his representative for execution. The property will be conveyed subject to all of the liens and encumbrances now standing against the property, including a mortgage owed to Chase Bank. Husband shall pay, in accordance with its terms, the said mortgage and shall indemnify and save Wife harmless from any loss, cost or expense caused to her by his failure to pay the debts secured by the mortgage in accordance with its terms. 2. HUSBAND'S BUSINESS. The parties acknowledge that, during the marriage, Husband acquired a business known as "Holly Flies" which he operated as a sole proprietor in the business of wholesale fishing lures. Wife acknowledges that she is aware of the business because Husband purchased it from her father. Wife does hereby waive, release, relinquish and surrender forever any claim to or interest in the said business and confirms it to be the sole and separate property of Husband hereafter 3. WIFE'S INVESTMENTS. The parties acknowledge that Wife acquired certain investments during the marriage, including, without limitation, individual retirement accounts with Vanguard Funds and PNC Bank. The parties having exchanged. information about such assets, Husband does hereby waive, release and relinquish and surrender forever any claim to or interest in any of the investment accounts, including bank accounts or accounts in banks, credit unions, or other financial institutions, and confirms those assets to be the sole and separate property of Wife free of any further claim by Husband. 4. HUSBAND'S INVESTMENTS. The parties acknowledge that Husband acquired certain investments during the marriage, including, without limitation, individual retirement accounts with Vanguard Funds and PNC Bank, various accounts in United States Banks, including, without limitation, PNC Bank, NA, HSBC, F,ver Bank and Virtual Bank, investment accounts with PNC Investments LLC, Vanguard Funds, EFG/Harris Allday and the South African Retirement Annuity Fund. The parties having exchanged information about such assets, Wife does hereby waive, release and relinquish and surrender forever any claim to or interest in any of the investment accounts, including bank accounts or accounts in banks, credit unions, or other financial institutions, and confirms those assets to be the sole and separate property of Husband free of any further claim by Wife. 5~ CASH PAYMENT. In addition to the $50,000 in cash and Chrysler Pacifica that Husband has already given to Wife, Husband shall make the following cash payments to Wife: A. The sum of $65,000.00 at the time he accepts delivery of the Deed to the marital residence from Wife. B. A payment of $10,000.00 one year after payment in accordance with Sub Paragraph A hereof. C. A payment of $10,000.00 two years after the date of the payment made in accordance with Sub Paragraph A hereof. All payments shall be treated by both parties as equitable distribution of marital property and constitute the full, complete and sole payment to be made by Husband to Wife to resolve the financial claims and disputes arising out of their marriage and the divorce action Wife has filed. 6. PERSONAL PROPERTY. Wife shall have those items of household property listed on Schedule A attached hereto, and shall remove them from the marital residence at a time mutually agreed upon by the parties. Otherwise, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution. of this Agreement. 7, DEBTS. The parties acknowledge and represent to each other that the only debt that existed at the time of their separation, which has not been fully paid and satisfied as of the date of this Agreement is the mortgage against the property for which they have made provision above. the parties agree that any debt incurred by either of them after their date of separation shall be the sole responsibility of the party incurring the debt to pay. Each of the parties shall pay and satisfy any debts in their name alone incurred or created after the parties separated and shall indemnify and save the other harmless from any loss, cost or expense caused to the other party by their failure to do so. 8. WAIVER OF ALIMONY, SUPPOR AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quite claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 9. WAIVER OF FURTHER EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 10. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall. in no way exonerate or discharge either part hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 11. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may have now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 12. WAIVER OF FURTHER PROCEEDINGS BEFORE COURT. The parties hereby represent that they have agreed to the foregoing division or distribution of property in an effort to resolve all disputes relating to their marital property and obligations and to make an equitable distribution of their marital property as contemplated by the Divorce code of Pennsylvania. The parties acknowledge that they have the right to ask a court of appropriate jurisdiction to make equitable distribution of their marital property and to engage in formal litigation to have the court do so. Because of the division or distribution of marital property to which they have agreed, as provided for in this Property Settlement Agreement, and knowing their rights to have the court equitably distribute or divide their marital property following litigation by the parties, the parties hereto do hereby waive and release any right to have the court make such equitable distribution or for them to litigate any claims relating to equitable distribution in the divorce action contemplated by the parties. 13. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of the Agreement. Further, each of the parties shall pay, in accordance with their terms, any debt now existing in their name alone and any debt which they have agreed, elsewhere in this Agreement, to assume and be responsible to pay, and each of the parties shall indemnify and save the other harmless from any loss, cost, or expense caused to the other party by their failure to pay such debts in accordance with their terms. 14. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owned by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their marital status or the divorce action now pending or to be filed between them. 15. CONCLUSION OF DIVORCE. This is the final agreement between parties and revokes and overrides all previous agreements. The parties acknowledge that this agreement is 5 made in contemplation of the conclusion by both of them of an action in divorce which has been filed or will be filed shortly by one of the parties hereto. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to their respective attorney or attorneys, an Affidavit of consent under Section 3301(c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree.. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but no limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. 16. BREACH. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 17. RELEASE. Each party does hereby waive, relinquish, and release any claim they have against the other for bank accounts, stocks, bonds, and other and similar investment assets which are now owned by or in possession of the other, regardless of whether such assets were owned by the parties jointly or separately prior to the date of this agreement. Each party hereto does hereby waive and release any claim they may have under the laws of the Commonwealth of Pennsylvania for the equitable distribution or the other division of such assets or any claim to them as marital property. 18. ADVICE OF COUNSEL. Both parties represent that they have consulted with an attorney prior to signing this agreement and have either reviewed this written agreement or the terms and provisions hereof with an attorney of their choice, or have had full and ample opportunity to do so and chosen not to do so of their own free will. I3oth parties enter into this agreement of their own free will and without any threat from the other and relying upon no promises or representations except those expressly set forth herein. Each of the parties acknowledges that they have been advised by an attorney of their choice as to their rights and obligations with regard to their marriage and this divorce action, including the rights to litigate all claims, compel formal disclosure of assets, and have the court decide all economic issues. Being aware of those rights, the parties knowingly waive them and agree to accept the terms and provisions of this Agreement in full satisfaction of all rights and obligations arising out of their marriage and the divorce action now pending between them. 19. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the commonwealth of Pennsylvania. 6 20. SEVERABILITY. if for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 21. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other terms, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. Witness ~' ~,~(.~,~t,~-~ Witness ~ ~~~ PAUL S. ROUSE ~~7 JENNIFER H. ROUSE SCHEDULE A The house contents that shall remain the property of Jennifer Rouse are as follows PAINTINGS, PRINTS, PICTURES • "Drawn Blank" • Brandywine River Museum opening poster • Small wood framed Italian engraving • Long framed engraving "De Paris a Versaille...." • Photograph of Alexandra jumping Moose • 2 x Photo Collages of Alexandra and Nicholas with various horses and ponies • Drawing of a Sultan's Palace done by Alexandra aged 5 • Framed poem entitled "Mom" by Alexandra • 2 x Framed Prints "Le Petite Journal" • Baby Quilt framed in clear Plexiglass BOOKS • Set of red cloth. bound books owned by E M McKie's Father • Leather bound books • Balance of cookbooks owned by Jennifer FURNITURE • Riempie bench and cushions • Art Nouveau cupboard /armoire • Silk covered footstool /bench MISC. • Collection of candle sticks and candle holders, including clay ashtray made by Nick • Stained Glass 4 point Star • Antique Portuguese Goat Bell • Tall Cut Glass Art Deco Style Vase • Table linens inherited from grandmother, including table cloths and napkins • Silk and Cotton Jim Thompson table linens • Fireplace furniture, including fire screen, brass fire surround, fireplace grate, large brass coal scuttle, copper handled fire tools • Some of the trays • Blue and white cache pot next to the front door. • Blue and white tile, and the made by Nick • Any other items of a personal /sentimental nature not listed above that were presents from, or inherited from. Jennifer's family or friends. 8 COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) COMMONWEALTH OF PENNSYLVANIA Ndarlal Seal Judy L Yaw, Notary Public Mount Hdly Springs Bono, Cumberland County My Comma Expin~ May 16, 2014 Member, Pennsylvania Association of Notaries On this, the ~ day of NaV~l~c~ , 2012, before me, the undersigned officer, personally appeared PAUL S. ROUSE known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. _~ My mmiss n Expires: ~~~ 1(v 3U l '{ COMMONWF,ALTH OF PENNSYLVANIA ) (SS.: COUNTY OF CUMBERLAND ) -1-h On this, the ~_ day of ND ~~ l~ ~ , 2012, before me, the undersigned officer, personally appeared JEN7\TIFER ROUSE known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contauied. IN WITNESS WHEREOF, I hereunto set my hand and official seal.. My missi Expires: Page 9 of 9 COMM N'WF~.TH OF PENNSYLVAN Notedal Seal Judy L Yaw, Notary pubik Mount Holly Springs Born, Cumber County l„N ~mi~ion Expires May 16, 2014 Member, Pennsylvania Association of NaKarles JENNIFER ROUSE PAUL ROUSE IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW NO. 2009 - 72'7 i~efendant IN DIVORCE C) r-a "T i"~J PRAECIPE TO TRANSMIT RECORD ~_ ~ ~ ~~ ~ To The Prothonotary: `~' ~ N -< ~~ Transmit the record, together with the following information, to the Court for ~-- _~ c::~ ._. ~_ .:. .. entry of a divorce decree: ~ ~' -ti --~ 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Defendant's attorney of record, Mr Samuel L Andes Est accepted service of the divorce complaint on February 25, 2009. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, November 19, 2012 ; by Defendant, November 19, 2012. r' . ... :.i ~~ .}. -~ r^ -== ~ c: _~ ~, wF_ -r 11 ~_ , -~~: 4. Related claims pending: There are no outstandin clg aims. Parties signed a settlement. 5. Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary on the same date as this Praecipe. 6. Date Defendant's Waiver of Notice in Section 3341(c) Divorce was filed with the Prothonotary on the same date as this Praecipe.. l 1Vl ullcx~l . ui~~, i .. ., Attorney for iff Supre ourt Id # 209787 119 Galloway Lane Harris urg, PA 17111 IN THE COURT OF COMMON PLEAS OF JENNIFER HALE ROUSE :CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL STEPHEN ROUSE NO. 2009 - 727 DIVORCE DECREE AND NOW, ~ 20~-- , it is ordered and decreed that JENNIFER HALE ROUSE ,plaintiff, and PAUL STEPHEN ROUSE bonds of matrimony. defendant, are divorced from the 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 Settlement Agreement signed and dated by the ~~arties on November 19, 2012 is incorporated, but not merged into this order. By the Court, ~~~~~ Attest:_ ,1. ~ ,_ -- ~',;~ - -- - ~~ Prothonotary o C~(~ . Copy ~a~ lEa'' -~ J o ~(~~7CC ~ CD+OU Mar~P~ fit' .~ ~~~~~,~~ ~ ~~~ .., r ~ jr~.d~~