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HomeMy WebLinkAbout09-5766TRUDY A. ROSELLA, Plaintiff, vs. RICHARD T. ROSELLA, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0q- 57[0(0 ?c m CIVIL ACTION - LAW IN DIVORCE N O T I C E 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 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 Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 TRUDY A. ROSELLA, Plaintiff, vs. RICHARD T. ROSELLA, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with § 3302(d) of the Divorce Code, you may request the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 7 of 7 LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 KOPE & ASSOCIATES, LLC 395 St. Johns Church Rd., Suite 101 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com Attorney for Plaintiff TRUDY A. ROSELLA, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 0 9,- - 96 6, l? -7iZz -- RICHARD T. ROSELLA, CIVIL ACTION - LAW Defendant. IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, TRUDY A. ROSELLA, by and through her attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Divorce: 1. Plaintiff is TRUDY A. ROSELLA, an adult individual who currently resides at 38 Partridge Circle, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter referred to as "Plaintiff"). All legal papers may be served on her through her counsel at 395 St. Johns Church Road, Suite 101, Camp Hill, Pennsylvania 17011. 2. Defendant is RICHARD T. ROSELLA, an adult individual who currently resides at 38 Partridge Circle, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter referred to as "Defendant"). 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 14, 1988, in Camp Hill, Cumberland County, Pennsylvania. 5. The parties separated contemporaneously with the filing of this divorce complaint, as Plaintiff has informed Defendant of her intent to seek a divorce, and the parties have been living separate and apart in their residence. 6. Neither Plaintiff nor Defendant is currently in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There have been no prior actions for divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE 9. Paragraphs one through eight are hereby incorporated by reference as though fully set forth herein. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety days (90) have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(c) of the Divorce Code COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(d) OF THE DIVORCE CODE 11. Paragraphs one through ten are hereby incorporated by reference as though fully set forth herein. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart and at the appropriate time Plaintiff will submit an affidavit alleging that the parties have lived separate and apart for at least two (2) years as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(d) of the Divorce Code. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER § 3502(a) OF THE DIVORCE CODE 14. Paragraphs one through thirteen are hereby incorporated by reference as though fully set forth herein. 15. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to § 3502(a) of the Divorce Code. 16. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 17. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code. Respectfully Submitted, Date: $ (a ?(X)S esle eam, Esq. VERIFICATION I, Trudy A. Rosella, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. n Dated: /o? ^ C y Trudy A. R ells OF THE LGC9 A 20 s i l l 4 v Gv1V4?_. !IITt ?i *:&(o4. 5o m ATN CO 4843 a* oagsal .1. f LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 KOPE & ASSOCIATES, LLC 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 Ibeam(c~kopelaw.com TRUDY A. ROSELLA, Plaintiff, vs. RICHARD T. ROSELLA, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-5766 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT AND RETURN OF SERVICE AND NOW comes Kope & Associates, LLC by LESLEY J. BEAM, attorney for Trudy A. Rosella, Plaintiff, and states that service of the Divorce Complaint in this matter was made by her upon Defendant, Richard T. Rosella, by posting the same in the U.S. Mail, postage prepaid, at Camp Hill, PA by Certified Mail No. 7004 1350 0002 4778 8932, Return Receipt Requested on August 21, 2009, to his mailing address, at 38 Partridge Circle, Carlisle, PA 17013 which mail was received by Defendant on August 26, 2009, all in accordance with PA.R.C.P. 412 and 403. The mailing receipt and the return receipt or true copies thereof of the acceptance of service bearing the signature of the Defendant are attached hereto and made part hereof, together with the cover letter mailed to Defendant. LE Y AM, Esq. A ev or Plaintiff ` ^ Complete items 1, 2, and 3. Also complete 1 Item 4 ff Restricted Delivery is desired. ^ Print yYo~'ur name and address on the reverse so tha4~nre can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front 'rf space permits. 1. Article Adndressed to: i A. sign ure X ("O ^ Agent ^ Addressee B. R (PNnted ) C. Date of Delivery D. Is deli~reiy difFererrt from item t? ^ Yes ff YES, enter delNery below: ^ No AUG ~ 6 2D09 3. Sendce'iype //~tlfted Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (ExGa reel ~ 2. Article Number 7004 1350 0002 4778 8932 (rra-~ste- rrwn aerarce laE~ PS Form 3811, February 2004 Domestic Return Receipt to2ss5-ot-nn-tsao fU . ~ ~ rn ~~ss pp-. ~~ii r~ ~ ~~FFV•~#~ V r` ~ s ~ ru o cerwbd r-ee ~ , gd o I ~ ~ReclsptfleQ~) G' ~. D Were m (Erxforse~nerND~YRegWred) p( '~• 3 0 `` ~ ~~~ ~~~~ 0 0 -- -- ,~ .~ aPOBaxAb....~cC~~...w.~L!^..LS~~.... ~-~.~~-- ~s stare zrw.s ~ K O P E ASSOCIATES :.,a~a orFir.rs LLr.. VIA FIRST CLASS AND CERTIFIED MAIL Richard Rosella 38 Partridge Circle Carlisle, PA 17013 Re: Rosella v. Rosella No. 2009-5766 Dear Mr. Rosella, Shane B. Kope, Esq. ^ Jamb M. Jividen, Esq. ^ Lesley J. Beam, Esq. August 21, 2009 I represent Trudy Rosella in the above-referenced matter for divorce. Enclosed and served upon you is the Divorce Complaint filed with the Cumberland County Court of Common Pleas. I am sending these papers to you directly because I have no information that you are represented by an attorney. I am also enclosing an Acceptance of Service for this Complaint. Please sign and return the Acceptance of Service in the enclosed self-addressed stamped envelope. If you do not return the Acceptance of Service or sign the receipt for the certified letter, this office will serve this Complaint on you by sheriff or other law enforcement individual at your place of residence. If you have any questions, you may contact me. Please be aware, however, that I cannot give you legal advice because I represent Ms. Rosella. Thank you for your attention to this matter. Cc: Trudy Rosella (w/encl) File (w/encl) Smart Representation 395 St. Johns Church Road ^ Suite 101 ^ Camp Hill, PA 17011 P 717.761.7573 ^ F 717.761.7572 ^ kopelaw.com r r, i;1.7-n TRUDY A. ROSELLA, Plaintiff V. RICHARD T. ROSELLA, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW s . Z? r- GC's :NO. 09-5766 CIVIL TERM ca IN DIVORCE Z0 y.c° w MOTION FOR APPOINTMENT OF MASTER _ CIO -< N Plaintiff, Trudy A. Rosella, moves the Court to appoint a master with respect to the following claims: (YQ Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses Q r- -tarn as q? Z cz- z8 orn i and in support of the motion states: (1) Discovery is not complete as to the claims for which the appointment of a master is requested. (2) The non-moving party has appeared in the action with counsel, Kara W. Haggerty. (3) The statutory ground for divorce is 3301(c), 3301(d), two year separation. (4) The action is contested with respect to the following claim: equitable distribution of property. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one-half day. (7) Additional information, if anv, relevant to the Motion: None. August , 2011 BY: 1= SQUIRE -02 Mco :9- --i x -n =rn r- rn - vr ° -<y C r- z D ? --tp ?p C:) -n ORDER APPOINTING MASTER v r a p AND NOW, ! ltAltid?- ALI , 2011, G _ -4 =1 _< Cn -? Esquire Ts? appointed master with respect to the following claims V Na . ( IF. EAL raLk) Hy ER. ??Iep.wjd o;qla By the Court: r J r.r THE t,I:ii?iw??1 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF 2011 DEC 29 AM 10: 50 CUMBERLAND C?'?'?TY PE?NNSYLV?i4?!%A TRUDY A. ROSELLA, Plaintiff V. RICHARD T. ROSELLA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-5766 CIVIL TERM IN DIVORCE MOTION TO COMPEL DISCOVERY AND FOR IMPOSITION OF SANCTIONS PURSUANT TO Pa.R.C.P. 4019 AND NOW comes the, Petitioner, Trudy A. Rosella, by her attorney, Nathan C. Wolf, Esquire, and files this Motion to Compel Discovery and for Imposition of Sanctions pursuant to Pa.R.C.P. 4019 respectfully representing as follows: 1. The plaintiff is Trudy A. Rosella , an adult individual with a mailing address of 144 Amy Drive, Carlisle., Cumberland County, Pennsylvania 17013. 2. The defendant is Richard T. Rosella, an adult individual residing at 38 Partridge Circle, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant is represented in this matter by Kara W. Haggerty, Esquire. 4. On or about November 11, 2011, Plaintiff served counsel for Defendant via hand delivery with a request for entry upon premises pursuant to Pa.R.C.P. 4009.32 to obtain a real estate appraisal of the marital residence located at 38 Partridge Circle, Carlisle, Pennsylvania 17013, which property Defendant has possession. A true and correct copy is attached hereto is Exhibit A. 5. Plaintiff likewise served requests for production of documents and interrogatories upon Defendant on November 11, 2011 to Defendant's counsel. 6. In response to the request for entry upon premises, Defendant's counsel indicated that Defendant agreed to have a real estate appraisal performed by Steven W. Barrett Real Estate Appraisal Services, and that Defendant agreed to share the cost of the appraisal. 7. The cost of the appraisal was quoted by Mr. Barrett's firm as $350.00, and therefore each party would contribute $175.00. 8. On or about November 16, 2011, Attorney Haggerty confirmed with the undersigned that Defendant had agreed to share the cost of the appraisal and to allow access to the appraiser to inspect the property. 9. On or about December 12, 2011, the undersigned received a telephone call from Steven Barrett appraisals indicating that their office had received a telephone call from Defendant indicating that he would not permit entry for the inspection which was scheduled to occur on December 14, 2011 and that Defendant would not agree to share the cost of the appraisal. 10. Counsel communicated the message concerning the appraisal to Attorney Haggerty by email on December 12, 2011 and received a response on December 13, 2011 from Attorney Haggerty indicating that the appraisal should be occurring as scheduled. 11. Thereafter, the undersigned contacted Steven Barrett's office and confirmed that the appraisal had not taken place as scheduled because neither the Defendant nor his counsel had contacted their office and the last communication they had received from Defendant was his adamant statement that he would not permit entry. 12. Subsequent to that confirmation, the undersigned has attempted to contact Defendant's counsel numerous times and as of the date of this filing, no response has been received indicating that the appraisal has been scheduled to occur. 13. Moreover, Defendant did not serve any objections to the request for entry upon property as provided by the Rules of Civil Procedure, and more than thirty (30) days have now elapsed since service of Plaintiffs notice. 14. This action was filed in 2009 and the motion for appointment of the Master was filed in August 2011. 15. Plaintiff believes that the Defendant's actions are designed to frustrate and delay the litigation of the, divorce action. 16. The value of the marital residence is necessary to a determination of the equitable distribution claim. 17. Plaintiff now believes that Defendant's agreement to share the cost of the appraisal and to permit the appraisal to occur were made in order to accomplish an additional delay in the proceedings because Defendant is receiving spousal support and is therefore benefitting from the postponement of the issuance of a divorce decree. 18. Plaintiff has attempted to provide every opportunity, through counsel, for Defendant to cooperate in the valuation of this asset and to avoid Court intervention. 19. Unfortunately, based on Defendant's actions, it appears that he has no intention of cooperating in the resolution of the pending claims. 20. As averred herein, Plaintiff also served Requests for Production of Documents and Interrogatories upon the Defendant through counsel, via hand delivery, on November 11, 2011. True and correct copies of the discovery requests served upon defendant are attached hereto as Exhibits B and C respectively. 21. Plaintiff, through her counsel, had attempted to avoid the instant motion, and to have had to engage in formal discovery whatsoever, but had encountered so many numerous delays occasioned by Defendant that she had no choice but to proceed, as evidence by counsel's letter of November 11, 2011. A true and correct copy is attached hereto as Exhibit D. 22. Defendant has not, to date, served objections to the requests, filed a motion for Protective Order or provided responses to the discovery requests. 23. Plaintiff's counsel has left numerous messages with Defendant's counsel and sent multiple emails, to counsel requesting the sought after materials, and while responses have been promised, nothing has been received as of the filing of this motion. 24. Plaintiff requests that the Court enter an Order compelling the Defendant to provide responses to the discovery requests to Plaintiff within 10 days of said Order to permit a timely conclusion to this litigation. 25. Plaintiff requests relief as authorized by the Rules of Civil Procedure 4019 governing sanctions. 26. Plaintiff requests an Order authorizing Plaintiff or her agent, namely Steven W. Barrett to enter 38 Partridge Circle, North Middleton Township, Pennsylvania and to inspect the property for the purpose of obtaining a valuation of the residence. 27. Plaintiff has incurred counsel fees in excess of $450.00 as a result of Defendant's failure to permit the appraisal, and in the preparation and filing of this motion. 28. Plaintiff requests additional sanctions in the form of an assessment of both counsel fees and the cost of the real estate appraisal, or a total of $800.00, to be imposed against the Defendant, Richard Rosella. 29. Plaintiff submits that Defendants actions are in direct violation of the Rules of Civil Procedure and that Defendant should be sanctioned for his failure to abide said Rules. 30. Kara W. flaggerty, Esquire, counsel for defendant, was contacted by the plaintiffs counsel concerning the instant Motion request and she does not concur in the relief requested herein. 31. This matter has not been previously assigned to a judge. WHEREFORE, Plaintiff, Trudy A. Rosella, prays this Honorable Court enter an Order directing Defendant, Richard T. Rosella, to permit entry of Plaintiff and/or her agent, Barrett Real Estate Appraisals upon 38 Partridge Circle, North Middleton Township, Cumberland County, Pennsylvania to inspect the same for the purposes of obtaining a valuation of the property, directing Defendant to provide responses to Plaintiff's discovery requests within 10 days of said Order, and imposing sanctions against Defendant in the amount of $800.00 in counsel fees and costs payable within 20 days and to order such other relief the Court deems appropriate and just. Respectfully sub ,Piitted, WOLF JOLF, Attorneys at Law Dated: December, 2011 ) Nafha C. Wolf, Esquire 10 W st igh Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I, the undersigned counsel for the Plaintiff, do hereby verify that the facts set forth in this motion are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. December J , 2011 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF TRUDY A. ROSELLA, Plaintiff v. RICHARD T. ROSELLA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 09-5766 CIVIL TERM IN DIVORCE PLAINTIFF TRUDY A. ROSELLA'S REQUEST FOR ENTRY UPON PROPERTY OF DEFENDANT, RICHARD T. ROSELLA PURSUANT TO PA.R.C.P. 4009.32 TO: Richard 1'. Rosella c/o Kara Haggerty, Esquire Abom & Kutulakis 2 West High Street Carlisle, PA 17013 PURSUANT TO THE PROVISIONS of Pa.R.C.P. 4009.32, you, RICHARD T. ROSELLA, are required to allow the entry requested herein unless you object to the request in writing within thirty (30) daps after service of this request and serve the objections on Plaintiff's counsel, in which event the reasons for the objection shall be stated. If objection is made to a part of a request, the part shall be specified. f Plaintiff, Trudy A. Rosella, and/or her designated agent(s) request entry upon the property having an address of 38 Partridge Circle, Carlisle, Cumberland County, Penns?llvania 17013 bearing taxi parcel number 29-15-1252-070, and more particularly a single-family residence with attached garage. 2. Plaintiff requests entry upon the above mentioned property and improvements along with her designated agent(s), including interior access to the residence and attached garage, in order to inspect, measure and photograph same for valuation purposes. November , 2011 Respectfully submit ed, WOLF & WOLJ?j torneys at Law BY: `'" NATHA C. OLF, ESQUIRE 10 WES GH STREET CARLISLE, PA 17013 717-241-4436 SUPREME COURT ID NO. 87380 Attorney for Plaintiff NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF TRUDY A. ROSELLA, Plaintiff V. RICHARD T. ROSELLA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 09-5766 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, the uncersigned, hereby certify that on the date indicated below, I caused a true and correct copy of the foregoing document to be delivered by hand-delivery, to the below-listed individual, in the instant matter, addressed as follows: Kara W. Haggerty, Esquire Abom & Kutulalds Date: November 2011 2 West High Street Carlisle, PA 17013 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF TRUDY A. ROSELLA, Plaintiff V. RICHARD T. ROSELLA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 09-5766 CIVIL TERM IN DIVORCE QUEST BY PLAINTIFF TO DEFENDANT FOR PRODUCTION OF DOCUMENTS You are hereby requested pursuant to Pa.R.C.P. 4009 to produce the following documents and other physical objects for inspection and copying, within thirty (30) days of service hereof, at the office of Plaintiff's counsel, NVolf & Wolf, 10 NX"est High Street, Carlisle, PA, or alternatively, by delivering copies of the same to the plaintiffs counsel at the aforesaid address. Definitions: The following terms have the designated meanings when used herein: 1 The term "identify-" shall have the following meanings: 1. When referring to a person or persons, the term shall mean a statement of the current name, address of residence, business address, telephone number, present or last known employer, officer titles held, job description and nature of affiliation with any part to this litigation with respect to each person about whom information is sought. 2. Ny11en used with respect to an action (including any omission, communication, occurrence, statement or (_onduct, all of which shall be collectively referred to in this paragraph as the "action"), the term refers to a description of the substance of the events constituting the action, a statement of the date on which the action occurred, an identification of all other persons present when the action occurred, a statement as to whether minutes, notes, memoranda or other records exist with respect to the action, and identification of the person or persons presently having possession, custody or control of such documents. 3. NN'hen used with respect to a document, the term refers to the provision of the following information: (a) The Sate of the document, (b) The tide of the document; (Ci _ m identifying number on the document; (d) Any identifying designation for the document; (e,? A description of the document; lfi The subject matter of-he document; (g) The name, title, address and telephone number of each person who wrote, signed, prepared, dictated, ?__ xh b-l1 rp, participated in preparation of, created, initialed or otherwise had any function respecting preparation of the document or review of the document; (h; The name, title, address and telephone number of each addressee on the document as %vell as the same for each person receiving a copy of the document; (ij The present location of the document and the name and address of the custodian of the document; If,. document is not an original, the location, name and address of the custodian of the original; and (k) Am, other designation necessary to identifti the document for purposes of obtaining a copy thereof. B. The term "documents" when used herein shall mean all written, typed, printed, recorded or graphic matter of ever- type and description, however and by whomever prepared, produced, reproduced, disseminated or made, in anv form, now or formerly in the possession, custody, or control of the party- to whom this Request ts.addressed, its oftlcers, agents, employees and attorneys, or any of them, including, but not limited to letters, correspondence, telegrams, memoranda, records, minutes of all types of meetings, contracts, subcontracts, agreements, infra and interoffice communications, purchase orders, requisitions, plans, studies, summaries, analyses, results of investigations, reviews, bulletins., proposals, estimates, appraisals, recommendations, critiques, trip reports, engineering calculations, bills of materials, drawings, sketches, blueprints, charts, indices, notices, diaries, books, desk calendars, appointment books, messages, instructions, work assignments, notes, notebooks, tape recordings, partial or complete reports of telephone conversations, photographs, slides, public statements, newspaper or other media releases, public and governmental filings, and any other writings, drawings or recordings. If any document was, but is no longer, in the possession of the party to whom this Request is addressed or subject to such party's control, identify the document. C. When used herein, the term "person" shall mean any individual, partnership, joint venture, firm, association, corporation or business or any governmental or legal entity. D. When used herein, the term "communications" shall mean anv and all transmissions of information, the information transmitted, the process by which the information is transmitted and the term shall expressly be inclusive of all written and oral communications. F,. When used herein, the terms "relate to," "relating to" or "in relation to" shall mean constituting, reflecting, representing, supporting, contradicting, referring to, stating, describing, recording, noting, embod-ing, containing, mentioning, studying, analyzing, discussing, evaluating, or relevant to. As indicated, the term necessarily includes information which is in opposition to as well as in support of the position(s) and claim(s) of the parry to whom the Request is addressed. [ . AMien used nereicu, the term "reflect" shall mean embody, contain, record, note, refer to, relate to, describe, be relevant to, state, or mention. 6. Ay'hen used herein, the term "Plaintiffs" shall refer to *"", Plaintiff(s) herein. 11. When used herein, the term "Defendant" shall refer to ", Defendant(s) herein. 11. GenetalInstructions: `, Whenever a request for document,, is framed in the conjunctive, it shall also be taken in the disjunctive and vice ersa. 11, Whene??cr a request for documents is framed in the singular, it shall be taken in the plural, and ti ice versa. C. The use of arty tense of any verb shall be considered also to include within its meaning all other tenses of the Verb so used. D. All documents produced shall be segregated and identified by the paragraphs to which they are primarily responsive. 1y'here required by a particular paragraph of this Request, documents produced shall be further segregated and identified as indicated in that paragraph. For any documents which are stored or maintained in files in the normal course of business, such documents shall be produced in such files, or in such a manner as to presen°e and identif , the file from which such documents were taken. 1,. If t,on object to the production of any document on the grounds that the attorney-clienr, attorney work-product or any other privilege is applicable thereto, you shall, with respect to that document: 1. State its date: 2. Identify its author; 3. Identify each person who prepared or participated in the preparation of the document; -F. Identify each person who received it; 5. Identify each person from whom the document was received; 6. State the present location of the document and all copies thereof, ?. Identify each person who has ever had possession, custody or control of it or a copy thereof; and 8. Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. 1, Atl documents produced in response to this Request shall be produced in total notwithstanding the fact that portions thereof may contain information not requested, shall include interim as well as final editions of a document, and shall include all editions or copies of a document which are not identical to (whether due to handwritten no-ations, or revisions, or otherwise) the original or other produced copy of a document. G. This Request shall be deemed to be continuing so as to require a supplemental answer by the person to whom this Request is directed, or such persons agents, employees, representatives or attorneys obtain such information between the tirne of response hereto and trial of this case. III. Documents the Production of Which is Requested Hereby: A. Your federal, state and local individual/joint personal income tar returns, and any amendments thereto, including W-2 Forms and all attached schedules, filed by you for the 2008, 22009, and 2010 tax years. B. All correspondence received by you from the Internal Revenue Service or state revenue office during the past three (3) years, except the submission of income tax returns. C. All statements issued by any bank, savings institution, or other financial institution from the date of separation 1:rom plaintiff, through the present for which eou have an interest D. All trust agreements and any other documentation for trusts you have an interest in 1'. All loan applications and loan documents pertaining to any accounts in which you, individually or with others, had any interest. F'. All brokerage statements pertaining to any accounts in which you, individually or with others, had any interest. 6. All securities, including taxfree bonds and funds, in which you, individually or jointly with any other person, had any interest. 11. All savings certificates o.- certificates of deposit, or other depository receipts presently- owned or in which You had a-iy interest. I All documents including, but not limited to, any individual retirement account, Rorh IRA pension or protiitsharing plan, savings plan, Keogh, 401(k) plan, annuity- benefits, retirement plan, stock bonus plan, stock option plan, thrift plan, with your present employer, or any previous employer, or regarding any other retiremen-- benefits in which you, individually or with others, have or had anv interest with benefits still due, including the summary plan description, and other such information regarding the terms of the retirement plan, as well as annual statements for the past two (2) years, including the statement closest to the date of marriage a.nd the statements immediately preceding and immediately following the date of separation. 1. All monthhe credit card statements and other charge account statements (MasterCard, Visa, American Express. Discover, department stores, oil and gas companies, etc.), and supporting information, the accounts of which are in your name, individually or jointly with any other person, from the date of separation up to the present. K_ All documentation evidencing any elisting debt obligation due to you. L. All documentation evidencing any debt obligation owed by you or your spouse. M. All documents relating to any real estate in which you have an ownership interest, and current statements showing balances on such obligations. y. All life insurance and annuity policies in which you have any interest as an owner, insured, or beneficiar,-, including any change of beneficiary forms executed by you within the last five (5) years. O. Your pay stubs and all other documents evidencing any form of compensation received by you in 2010. R 1ny documentation prepared by you or on your behalf relating to personal property taken bv_ you or received by you that constitutes "marital property". Q_ Any documentation prepared by you or on your behalf relating to personal propert< taken by you or received b?, you that constitutes "non-marital property-". Respectfully su fitted, WOLF & WOLY November _)_/, 2011 NATHAO?C. WOLF, Esquire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Plaintiff CERTIFICATE OF SERVICE 1, the undersigned counsel for the plaintiff, do hereby certify that I have this date served a copy of the foregoing document upon the following by hand delivery, addressed as follows: Kara Haggerty, Esquire Abom & Kutulakis 2 West High Street Carlisle, PA 17013 November // 2011 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 1%013 (717) 241-4436 ATTORNEY FOR PLAINTIFF TRUDY A. ROSELLA, Plaintiff V. RICHARD T. ROSELLA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 09-5766 CIVIL TERM IN DIVORCE INTERROGATORIES PROPOUNDED BY PLAINTIFF TO BE ANSWERED BY DEFENDANT TO: Richare. T. Rosella C/o Kara Haggerty, Esquire Abom & Kutulakis 2 West High Street Carlisle, Pik 17013 PLEASE TAKE NOTICE that you are hereby required pursuant to the Pennsylvania Rules of Civil Procedure, Rules 1930.5 (b), 4005 and 4006 to file the original and serve upon the undersigned a copy of your Answers and Objections, if any, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the space provided. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet clearly: identified with reference to the questions being answered. These shall be deemed to be continuing interrogatories. If, between the time of your answers and the time of the Divorce Master's hearing in this case, you, or anyone acting in your behalf, learn of any further ir..formation not contained 111 these answers, you shall promptly furnish that information to the undersigned by supplemental answers. For questions that request production of Documents, this request is made pursuant to Pa.R.C.P. No. 4009 and you are requested to produce a copy of the mentioned documents. In the event you are rinable to make a copy of the requested documents or items, please provide the mentioned items for inspection and copying at the office of Nathan C. Wolf, Esquire, 10 West High Street, Carlisle, Pennsylvania, within thirty (30) days from the filing of this request. WOLF & WOLF, Attorneys at Law DATE: November 11, 2011 BY at rn. . Wolf, Esquire At ey ID NO. 87380 10 West High Street Carlisle, PA 17013 (717) 241-4436 Attorney for Plaintiff INSTRUCTIONS AND DEFINITIONS Ansv-er ever- Interrogatory. No question is to be left blank. If the answer to an Interrogator- is "none" or "unknown", such statement must be written in the answer. If the question is ir.apphcable, "N/A" must be written in the answer. Whenever a date, amount or other computation or figure is requested, the exact date, amount, corr_putation or figure is to be given unless it is unknown. If so, give the best estimate or approximation thereof and note that such answer is an estimate or approximation. Whenever the word "identify" or "identity" is used in reference to a person, corporation or other entity, This means to state, if appropriate, his, hers or its full name, present address and business affiliation. 1. State the address of your present residence, address of each other residence which you have had during the past five (5) years, and the dates you have resided there. 'answer: State your military service and position, if any. ,:answer: 3. State your educational background, including the name of each high school, college, university, graduate, technical, trade school attended, and degree attained. Answer: =1. List any training and education that you have received subsequent to your attendance at the educational institutions listed in your response to Paragraph 3 above. Allswer: 5. (a) State the full name, address and telephone number of each and every place of employment where you have worked for the past three (3) years and (b) State fully your gross salary, per hour, week or month with each and every employer within the past three (3) years, and provide a copy of evidence (W-2, 1099) of total earnings for the years 2008, 2009, and 2010: ynswer: Did you engage in any employment from the date of separation to the present other than the employment Lsted by you in your response to Paragraph 5 above? ',n saver: Have ,,,ou received or were you entitled to receive any bonuses during the past three years? If so, state the amount of the bonus received or amount you are entitled to receive, and detail when each was received or when you expect to receive the bonus. Summarize the terms of the bonus arrangement, including how the bonus was calculated. answer: Is. Are you entitled to receive any deferred compensation by reason of your present or past employment? If so, please state the nature and amount of deferred compensation, and when you anticipate receiving such deferred compensation. Answer: 9. At and time during your marriage to Plaintiff and the present, were you or are you engaged in any other business enterprise either individually or jointly with others? If so, please list each business. Answer: 1 Q. Are you the owner, individually or with others, of any interest in any securities, or in any mutual fund, including but not limited to stock funds, money market funds, bonds, municipal bond funds, gold funds, etc? If so, please list the names of those securities or funds and their present Value. 1nswer: 11. Since the date of your separation from Plaintiff, have you sold or transferred any securities? Answer: 12. List all trusts that you have an interest in including the date each was established, the name of the person(s) who established each trust, the names of all beneficiaries, and the details of each including, but not limited to, the person(s) entitled to receive income and the amount, the person(s) entitled to withdraw principal and the agreement's schedule for receipt of income or entitlement to withdraw principal. Answer: 13. List all banks, savings and loans, credit unions, and financial institutions in which you individually, or jointly with another, have or had, in the last three (3) years, an account in which funds are held and for each state the name and address of the banking or other financial institution, and the value in the account presently and the amount in the account as of the date of separation. Answer: 14. Do you own, individually or jointly with another, any certificates of deposit, treasury notes, or other depository receipt of any kind and if so, state the value presently and the value as of the date of separation. Answer: 15. Since the date of marriage, have there been accounts at a savings or commercial banking institution, brokerage firm, or any other type of financial institution, on which your name did not appear but in which you deposited any funds? If so, please designate by account number and name of financial institution, and indicate the name(s) under which the account is listed. :answer: 16. If you have an interest in any qualified or unqualified deferred compensation arrangement or retirement program, including, but not limited to, IRA, Keogh Plan, 401(k) Plan, military retirement, savings plan, annuity benefits, retirement plan, pension plan, profit sharing plan, stock bonus plan, stock option plan, or thrift plan, defined benefit, or defined contribution plan, with your present employer, or any previous employer, please designate and indicate the name and type of the retirement plan and describe the provisions of the plan and state the present value and describe the basis for that value. .Answer: 1 7. Do you have any accumulated vacation, sick, or leave benefits? If so, please describe in detail. Answer: 18. If you own any furniture, household goods, jewelry, furs, artifacts, motor vehicles, boats, furniture, worl?_s of art, other personal property, state a complete description, the date of purchase of such item of personal property and identify its present value: a.nsww r: 19. Itemize the source, terms and amounts of all income benefits, cash and non-cash, not already included in your Answers to any preceding Interrogatory, such as, but not limited to, pension plans, annuities, inheritances, retirement plans, Social Security benefits, lottery prizes, bank interest, dividends, military- benefits, and other assets. Answer: 20. Identify any and all liabilities or obligations of whatevTer nature, including a list of credit card accounts, that you may have, 1vhich are not disclosed in a prior Interrogatory, and for each, please state: a. The nature of the liability or obligation; b. Date acquired; C. the outstanding balance, if any; and d. the account numbers. \nswev 2L List and identift, all life insurance policies, including policy numbers and face amounts, in which you are the owner, insured, or beneficiary. Answer: 22. As to any real estate in. which you now have, or have had any interest at anv time during the past three (3) years, whether individually, jointly or in partnership form, or as trustee for any person, or as beneficiary under trust, or held by anyone for your beneficial interest, state the address of each parcel, the date of purchase, the purchase price, its current value, and list all persons who also have an interest. Answer: 23. Do you claim that there is property in existence, whether owned individually or with another person, that is your separate property, and not marital property, as defined in the Pennsylvania Divorce Coder If so, for each and every item of such property, state: It. Description of the property b. Present location and the name and address of person in possession and the basis for such right of possession. C. Basis for your contention that it is not marital property. d. What you contend to be the present fair market value of the property and the basis for your answer. answer: 24. What is the condition of your health? If you are suffering from any problems with your health, please state the nature of your problems and the names and addresses of your treating physicians, hospitals or other health care facility. Answer: 25. State the frequency arid, if possible, the dates when Carol Crossland 6sited your home and staved overnight since July 1, 2010. -? IIS«'er: Respectfully submitted, LF & W F November 11, 2011 B; NAT 6A& C. WOLF, Esquire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Plaintiff VERIFICATION I do hereby verify that the statements made in the foregoing Interrogatories from Plaintiff to Defendant arc true and correct to the best of my information and belief. 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: .2011 CERTIFICATE OF SERVICE I, the undersigned counsel for the plaintiff, do hereby certify that I have this date served a cope of the foregoing document upon the following by hand delivery, addressed as follows: Kara Haggerty, Esquire Abom & Kutulakis 2 West High Street Carlisle, PA 17013 -' November 1 l 2011 '-;' ? .. Nat Mlf, Esquire Atto ev for Plaintiff WOLF & WOLF NATHAN C. WOLF ATTORNEYS AT LAW 10 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 wolfandwolf&embardmail.com STAGY B. WOLF P1IONI? 717-241-4436 November 11, 2011 VIA HAND DELIVERY Kara W. Haggerty, Esquire Abom & Kutulalds, LLP 2 West High Street Carlisle, PA 17013 Re: Rosella v. Rosella (Divorce) Dear Kara: FACSIM LLE 717-241-4437 Enclosed please find a notice of request for entry to premises, requests for production of documents and interrogatories for your client to respond to. I remain hopeful we will be able to resolve this amicably but with the lengthy delays caused by your client, I cannot advise my client to wait until we have a response from Richard to our offer to do something concrete. Thar..k you for your time and attention in this matter, I look forward to working with you to a swift resolution of this case. Very truly yours, Nath C o11f NCW/slh Enclosures cc: Trudy Rosella (w/enclosures) ?)Wfr ID NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF TRUDY A. ROSELLA, Plaintiff V. RICHARD T. ROSELLA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-5766 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Plaintiff, do hereby certify that I have served a copy of the foregoing Motion upon the following individual by hand delivery, addressed as follows: Date: December , 2011 Kara W. Haggerty., Esquire Abom & Kutulakis, LLP 2 West High Street Carlisle, PA 17013 Respectfully stjkYiitted, Natha . Wolf, Esquire Attor v-for Plaintiff TRUDY A. ROSELLA, PLAINTIFF V. RICHARD T. ROSELLA, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5766 CIVIL ORDER OF COURT AND NOW, this 5th day of January, 2012, upon consideration of the Plaintiff's Motion to Compel Discovery and for Imposition of Sanctions Pursuant to Pa.R.C.P. 4019, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before January 27, 2012; 3. The Prothonotary is directed to forward said Answer to this Court. 4. Hearing/Argument on the matter will be held on Wednesday, March 28, 2012, at 3:00 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. t/ Nathan C. Wolf, Esquire c-? r.,, C,, Attorney for Plaintiff ° ' a V Kara W. Haggerty, Esquire rn i r 5; --M '-O i Attorney for Defendant rr r-M x cn -Z C h bas ' ? ? ' By the Court, T? OM & Nu i LILAKIS Kara W. Haggerty, Esquire Attorney I.D. #; 80914 2 West High Street Carlisle, PA 17013 (717) 249-090( TRUDY A. ROSELLA, Plaintiff V. RICHARD T. ROSELLA, Defendant c?J ai27 N 3., I ; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-5766 CIVIL ACTION - LAW IN DIVORCE ANSWER TO MOTION TO COMPEL DISCOVERY AND FOR IMPOSITION OF SANCTIONS PURSUANT TO Pa R C P 4019 AND NOW, comes Respondent, Richard T. Rosella, by his attorney, Kara W. Haggerty, Esquire, and files this Answer to Motion to Compel Discovery and For Imposition of Sanctions pursuant to Pa.R.C.P. 4019, and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. Defendant, through his counsel, did agree to have a real estate appraisal performed by Steven W. Barrett Real Estate Appraisal Services. It is specifically denied that Defendant agreed to share the cost of the appraisal. By way of further answer, the Plaintiff has agreed to initially pay for the appraisal and litigate the distribution of cost at a later date. The appraisal is scheduled for February 1, 2012 at 9:30 a.m. 7. Admitted in part, denied in part. It is admitted that the cost of the appraisal was quoted as $350.00. It is denied that each party shall be responsible for an equal amount of that payment. 8. Admitted in part, denied in part. It is agreed that undersigned counsel confirmed that Defendant would permit access to the appraiser to inspect the property. It is specifically denied that Defendant had committed to sharing in the cost of the appraisal. 9. Undersigned counsel is unable to answer to the facts alleged in this averment; therefore, same is denied. 10. Admitted in part, denied in part. It is admitted that undersigned counsel indicated that the appraisal should occur as scheduled. It is specifically denied that any discussion regarding the cost had occurred. 11. Undersigned counsel is unable to answer to the facts alleged in this averment; therefore, same is denied. 12. Denied. It is specifically denied that the appraisal is not scheduled to occur as the appraisal is presently scheduled for February 1, 2012 at 9:30 a.m. 13. Admitted. 14. Admitted. 15. Denied. It is specifically denied that Defendant's actions are intended to frustrate and delay the litigation of the divorce action. 16. Admitted. 17. Denied. It is specifically denied that Defendant is in any way delaying the proceedings for any reason, including the fact that he is receiving spousal support. 18. Denied. It is specifically denied that Plaintiff provided cooperation for Defendant to value this asset as Plaintiff does not reside at this location. 19. Denied. It is specifically denied that Defendant has no intention of cooperating in the resolution of the pending claims. 20. Admitted. 21. Undersigned counsel is unable to answer to the facts in this averment; therefore, same is denied. 22. Admitted. By way of further answer, all discovery was provided to Plaintiff's counsel on January 20, 2012. 23. Admitted. By way of further answer, all discovery was provided to Plaintiff's counsel on January 20, 2012. 24. Undersigned counsel is unable to answer to the facts in this averment; therefore, same is denied. 25. This averment is a legal request to which no answer is required. 26. This averment is a legal request to which no answer is required. By way of further answer, the appraisal is scheduled for February 1, 2012. 27. Undersigned counsel is unable to answer to the facts in this averment; therefore, same is denied. 28. This averment is a legal request to which no answer is required. 29. Denied. It is specifically denied that Defendants actions are in direct violation of the Rules of Civil Procedure and that Defendant should be sanctioned for his failure to abide said Rules. 30. Admitted. 31. Admitted. WHEREFORE, Defendant respectfully requests This Honorable Court deny Plaintiff's request as the appraisal is scheduled to occur on February 1, 2012, and permit this matter to proceed in the Divorce Master's Office as is presently occurring. Respectfully submitted, 2- DATE 0 1 Z ? 12- AB0M & KUTULAKIS, L.L.P. AB 0M Kara W. Haggerty, Es Supreme Court ID N a 2 West High Street Carlisle, PA 17013 (717) 249-0900 CERTIFICATE OF SERVICE I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the Answer to 1V[otion to Compel Discovery and for Imposition of Sanctions pursuant to Pa.R.C.P. 4019, by depositing, or causing to be deposited, same in the U.S. mail, first class, to the following: Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Attorney for Plaintiff Date: L 42= ABom & KUTUL,uus, L.L.P. J Kara W. Haggerty, Es Attorney I.D. No.: 8 91 2 West High Street Carlisle, PA 17013 (717)249-0900 Attorney for Defendant .. ?, . NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF TRUDY A. ROSELLA, Plaintiff V. RICHARD T. ROSELLA, Defendant OF THE P ""RI 'tW"TARY 2011 FEB 15 PM 2 31 C?§YLVANIANTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2009-5766 CIVIL TERM IN DIVORCE PRAECIPE TO WITHDRAW MOTION TO COMPEL DISCOVERY AND FOR IMPOSITION OF SANCTIONS PURSUANT TO Pa.R.C.P. 4019 TO THE PROTHONOTARY: Kindly mark the above-described motion filed by the Plaintiff on or about December 29, 2011 withdrawn and note for the record that the hearing scheduled in this matter for March 28, 2012 at 3:00 o'clock p.m. in Courtroom 2 of the Cumberland County Courthouse, is no longer necessary. Respect submitted, WOLF OLF, Attorneys at Law Dated: February if, 2012 Na n Wolf, Esquire 10 a igh Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff cc: Kara W. Haggerty, Esquire ABOM ?' KuTUi.nxis Michelle L. Sommer ID No. 93034 2 West High Strec! Carlisle. PA 17013 (717) 249-0900 TRUDY A. ROSELLA, Plaintiff V. RICHARD T. ROSELLA, Defendant TO: Trudy Rosella Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Counsel for Plaintiff o' LLD - (.ji I- A rt Pss- THE i rRO t/H !4'.j 2012 HAP -9 PM 3: f ? CUMBERLAND GCC°.? € PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5766 CIVIL ACTION - LAW IN DIVORCE NOTICE TO PLEAD YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 1R'ut6 O` WV' $ 4a.s? Pa ilk, ?4 -?.co ? tta? 9aq a"' ti AIN- Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Respectfully Submitted, ABOM & %UTULASIS, LLP Date: March 9 2012 ?- Kara W. Haggerty, E ui"r Attorney ID # 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant 0 U ULAKIS Kara U%: ILi,gegy, l?rghire ?Vlorwy LD. No.: 861,14 2 lt'esl I ligh Streel Carfisk, 1?-1 17013 1717) 249-09oO TRUDY A. ROSELLA, Plaintiff V. RICHARD T. ROSELLA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-5766 CIVIL ACTION - LAW IN DIVORCE RESPONDENT'S ANSWER TO COMPLAINT IN DIVORCE AND COUNTERCLAIM UNDER 53702 of the DIVORCE CODE AND NOW this 6t` day of March, 2012, comes the Respondent, Richard T. Rosella, by and through his undersigned counsel, Kara W. Haggerty, of Abom & Kutulakis, L.L.P., and who respectfully sets forth the foll owing Answer and Counterclaim to Petitioner' Complaint in Divorce and avers the following: ANSWER TO COMPLAINT IN DIVORCE 1. Admitted in part, denied in part. It is admitted that Trudy Rosella is the Plaintiff. The Plaintiff no longer resides at the address listed. The Plaintiff is no longer represented by Attorney Lesley J. Beam. By way of further answer, the Plaintiff is currently represented by Nathan Wolf, Esquire. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. Admitted. Respondent is unable to admit or deny this averment. ANSWER TO COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER 3? 301(c) OF THE DIVORCE CODE 9. The averment in paragraph 9 is a legal conclusion to which no response is required. 10. Admitted. ANSWER TO COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE 11. The averment in paragraph 11 is a legal conclusion to which no response is required. 12. Admitted. 13. Respondent is unable to admit or deny this averment. ANSWER TO COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER S3502(a) OF THE DIVORCE CODE 14. The averment in paragraph 14 is a legal conclusion to which no response is required. 15. Admitted. 16. Admitted. 17. Respondent is unable to admit or deny this averment. COUNTERCLAIM FOR ALIMONY PENDENTE LITE ALIMONY AND COUNSEL FEES. COSTS AND EXPENSES UNDER X3702 OF THE DIVORCE CODE 18. Respondent lacks sufficient property to provide for his reasonable means and is unable to support himself through appropriate employment. 19. Respondent requires reasonable support to maintain himself adequately in accordance with the standard of living established during the marriage. 20. Petitioner requests the Court to enter an award of reasonable temporary alimony and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter. 21. Respondent has retained the law offices of ABOM & KUTUL AICS, L.L.P., but is unable to pay the necessary and reasonable attorney's fees for said counsel. 22. Respondent may need to hire experts to appraise the marital property but he lacks funds to pay the necessary and reasonable fees. WHEREFORE, Respondent requests this Honorable Court to enter an award of alimony pendente lite and to enter an award of interim counsel fees, costs and expenses; as well as, to order such additional sums hereafter as may be deemed necessary and appropriate, and at final hearing to award indefinite alimony as well as such additional counsel fees, costs and expenses as are deemed necessary and appropriate. ;f Date Respectfully submitted, ABOM & KUTULAKIS, L.L.P. r r ' Kara W. Haggerty, F?s`qu Attorney I.D. No.: 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Respondent VERIFICATION I, RICHARD T. ROSELLA, verify that the statements made in this Respondent's Answer to complaint in Divorce and Counterclaim Under X3702 of the Divorce Code are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. X4904 relating to unsworn falsification to authorities. Date 7:?) RIC RD T. ROS LLA CERTIFICATE OF SERVICE AND NOW, this 9`" day of March, 2012, I, Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Respondent's Answer to Complaint in Divorce and Counterclaim Under §3702 of the Divorce Code to the Plaintiff by First Class U.S. Mail at the following address: Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Attorney for Plaintiff A?. Kara W. Haggerty, Esquire TRUDY A. ROSELLA, Plaintiff V. RICHARD T. ROSELLA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV4NI?A c C= CIVIL ACTION - LAW = r3 NO. 2009-5766 CIVIL TERM c?rsr" N IN DIVORCE -<?> Cn MC) y„ rv PLAINTIFF'S AFFIDAVIT OF CONSENT 4 o -< CO --t MF -fit" i1 70 C,- O C)Z tr A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about August 20, 2009 and served upon defendant on August 26, 2009 (see affidavit of service filed September 3, 2009). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. A?' 2012 - TRUDY OSELLA TRUDY A. ROSELLA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RICHARD T. ROSELLA, : NO. 2009-5766 CIVIL TERM Defendant : IN DIVORCE E - in r-Jk -n -off rnw ra a• - ?. ran WAIVER OF NOTICE O I R Xrn = r- a F NTENTION TO EO EST n t N ENTRY OF A DIVORCE DECREE r-2: --I UNDER SECTION 33UQ OF THE DIVORCE CODE Zn 3 d co 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. Section 4904 relating to unsworn falsification to authorities. 2012 TRUD . ROSELLA TRUDY A. ROSELLA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RICHARD T. ROSELLA, : NO. 2009-5766 CIVIL TERM Defendant : IN DIVORCE c X,n DEFENDANT'S AFFIDAVIT OF CONSENT <. cn o 2O 3 p 1. A complaint in divorce under Section 3301(c) of the Divorce Code 4;Qfilet'n "' matter on or about August 20, 2009 and served upon defendant on August 26, 2009 (sec afavif service filed September 3, 2009). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. 2012 RICFE" T. ROS LLA TRUDY A. ROSELLA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RICHARD T. ROSELLA, : NO. 2009-5766 CIVIL TERM Defendant : IN DIVORCE C-1 'ma #-- CA ? c `? r? - AIVER OF NoTic I Cn 4 OF NTENTION TO REQUEST > ? E D _ NTRY OF A IVORCE DECREE 2 UNDER SECTION 3301(C) OF THE DIVOR C cE ODE 4 C:) 3;! co :U 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. Section 4904 relating to unsworn falsification to authorities. , 2012 RIC T. ROSE LA TRUDY A. ROSELLA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RICHARD T. ROSE N0.09-5766 CIVIL TERM M m z" Defendant : IN DIVORCE -" r- NOTIC'F [11P TMrMXT'rTn,.T'r+? nrl"" A TO THE PROTHONOTARY: C- Kindly file the attach Notice of Intention to Retake and Use Prior Name: -- I, TRUDY A. ROSELLA, hereby give notice, avowing my intention to resume and hereafter use my prior surname, to wit: TRUDY A. JACKSON, in accordance with the provisions of the Act of December 16, 1982, P.L. 1309, No. 295, Section 704 (a) (54 Pa.C.S. Section 704 (a)) and in support there I aver as follows: I, TRUDY A. ROSELLA, am an adult resident of North Londonderry Township, Lebanon County, Pennsylvania. 2. My divorce is docketed to the above term and number. I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. IN WITNESS WHEREOF, I have hereunto set m hand and seal this &day of June, 2012. (SEAL) TRUDY OS TO BE KNOWN AS: (SEAL) COMMONWEALTH OF PENNSYLVANIA TRUDY AC N COUNTY OF CUMBERLAND : SS: this PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, ___[,- day of June 2012, TRUDY A. JACKSON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. /rr IN WITNESS WHEREOF, I have hereunto set y hand and official seal. 3 .00 fd J niQ V a C'#' ; sag WAM sow Ci?iblc eoi WoV, Notivy ? N9 a ' ub I? 02 7? T? W011 11, INIMMOM MM%kdml TRUDY A. ROSELLA, PLAINTIFF V. RICHARD T. ROSELLA, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5766 CIVIL IN RE: MOTION TO WITHDRAW AS COUNSEL ORDER OF COURT AND NOW, this 20th day of June, 2012, upon consideration of the Motion to Withdraw as Counsel filed by Kara W. Haggerty, Esquire, IT IS HEREBY ORDERED AND DIRECTED that the Motion is GRANTED. The Defendant shall proceed pro se until such time as he secures alternate counsel. IT IS FURTHER ORDERED AND DIRECTED that at the Settlement Conference scheduled for June 25, 2012, with Divorce Master Elicker the Defendant shall proceed pro se. ? Kara W. Haggerty, Esquire ? Nathan Wolf, Esquire Attorney for Plaintiff ? Richard T. Rosella Defendant Divorce Master Elicker M. L. Ebert, Jr., -0 -.?- fT'i r t v> ? N) c .V, des wt? ; l eon G /a 111A fl? By the Court, TRUDY A. ROSELLA : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO: 09-5766 : CIVIL ACTION - LAW RICHARD T. ROSELLA Defendant : IN DIVORCE -p 3 ;s -i rn c r r-° r PRAECIPE te M r - -<C.-? cs A To the Prothonotary: 5c: - r ? Please enter my app earance on behalf of the defendant, Richard Todd Rosella, In t$ ab?e captioned custody action. ANDREWS -? _3 _1z TaVsrle,PA P. AndiYws, Esquire 7 t Pomfret Street C 17013 (717) 243-0123 cc: Nathan C. Wolf, Esquire Attorney for Plaintiff 10 West High Street Carlisle, PA 17013 TRUDY A. ROSELLA Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO: 09-5766 C CIVIL ACTION - LAW ?q RICHARD T. ROSELLA MCM - c C- Defendant : IN DIVORCE cC/)r w 77 MENT TO PRETRIAL STATEMENT FOR DEFENDAl c t -t c c SUPPLE :? Defendant, Richard T. Rosella, by his attorney, Taylor P. Andrews, Esq., hereby the pretrial memo filed by his previous counsel as follows: Attached hereto as Exhibit 1 is an income and expense statement for the Richard T. Rosella. 2. Attached hereto as Exhibit 2 is a statement of the marital estate in spreadsheet Respectfully submitted, Date: -7 - ZS-- 1'1'- cc: Nathan C. Wolf, Esquire Attorney for Plaintiff 10 West High Street Carlisle, PA 17013 ANDREWS & JOHNSON T for . Aridrews, Esquire 8 W t Pomfret Street Carlisle, PA 17013 (717) 243-0123 Richard T. Rosella Income and Expense Statement Date of marriage: 12-Feb-88 Date of separation: 20-Aug-09 Divorce Action at 2009-5766 Monthly INCOME: Social Security Disability $980.00 Spousal Support $818.00 $1,798.00 Monthly Home: Medical: Mortgage $280.00 Furnace contract $26.00 Association Fee $55.00 Water/Sewer $41.00 PP&L $100.00 UGI $65.00 Telephone - land line $69.00 Cell phone $18.50 R.E. Taxes $150.00 Carpet cleaning $20.00 House cleaning $50.00 Maintenance & replacements $200.00 Insurance [incl autos] $78.00 Senior Blue $122.50 Rx copay for 9 medicines $23.48 Surgeon - copays $20 per $10.00 Prim Care Phys copays $20 per $6.67 Holy Spirit - xrays $28.33 Pinnacle Rehab - PT and OT $60.00 Personal Food & supplies $411.67 Clothing $0.00 Direct TV $75.00 The Patriot News $27.00 Pets [3 cats] $96.67 Automotive: Maintenance - Cruiser $45.83 Gasoline $70.00 Total $2,129.65 Ex?,6d l N O N N N n d 1, o 1?' !I I 1 w I a n i ??'?.. a c 1` o '? d l I? I A W MIlcn U N o'C d m,a U m3?' ?Na'' 3d ?cm Eoc y I ? 2 ?1 III I, ? MI 'A 'm a:? y y l? ?., a0 ', a N v C y J C d C d 611 j m'. N'- C m a) 1 I!d !Q a H 'Y m. I 'E I '? ?mm I ?v as ^?m IafZ i IOI I? :.?mm 'I 3 ?u? o o yZIa5 m.W yw Y 3 C7 m ?Io VI m $' a i'D rn °c ?° o y ft _ N N N I'I S y N''. > III C N a N C O tC C IA > ?' y^ N '? m d w v d ',? d ° m ?o A -a m,t>> 7 m cA I,'V OY Im `b 'Z {Cp lf") N,,. In Uli? O : ! ICI 1 I,. d? O p;/ p>1 11 p G G? ?N? 00^1 t N F O O O .!1 W _ _4 2, _. _ m Ip Npp Np NI v an der yam, -_v BS p O O N O CD 0) In 'M N '.fN 1f9 o D N { _ I _ r-'' ?' 1 7 N- 4 4+ p 4-' cli ICI I OO ?. ' p) N 1 r' col) I 0 I'. _ _ F 0 } 11 N ?0.. ' rte :c It O f001? ''N T N - ?1? r 8 O U7 O O N K N 0 N R < f0 I? R (0 f? f"1 f0 fD W 0 (h O V W N N Ndi O IO O co v) W O co 0 N 1 )0 a0Of` 0 pp (O O O' r, c'7 N fA, tl9 1A i9. H1 cA ?' N m 4'1 f7I N Y 0 I I _ ?I I.O. ... .. __.._. I_ ?. .. ? .. ? I ?..; _ 7 I co a m S r a n 4) ILL 0 11 o $ 'I$ I ? N 1. I 1 I 1, ? ? I ! ?, I 1 a' I O I t a 'e EE ? OI v 3I I v 1- ?t LL I C c 2i ' I d ?a:m I lli ?, = IZ y uoi E p > U It IE c c a ° I C ° 'N'C Q `° Vd - `° I a d; m o ? U m E ,y O'. rl r O.I y '.a ! ii o o 31 'jx iS? r j J a S ID' S ?. S CL 12 1 W. E O`I nIi c wNU v o?E E Qa CL m I y o o ° t Z S n al > ° o l0? O O U ft. I a ?. I!a I? NI. v E ill 'I' c E uci E I E H E E E ?,•QO'. m ly?o d ?, .,a o y n Q,NIn of m m w co, E K E o H E' ~ gi !I,y n'3 y 1'c a1 oo ?W m w ?Q c c c 1` J old c IN v c o c y_ m m m N M n v m m v {a p::I::0 ' w ma. r I'E c imp y m Q,. c o d m wmm o m Im m._ d .m o m c I't ?!Oo Io I.?2 K !> IW Im S_W 'm zi' F 'an m m ':an m m m 'm ?Ex?,O z- CERTIFICATE OF SERVICE I hereby certify that on this date, Z , 2012, I hand delivered a copy j of this Supplement to Pretrial Statement to the office of Nathan C. Wolf, Esq., 10 West High S Carlisle, PA 17013. I verify that the statements made in the foregoing Certificate of Service are true and understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. ANDREWS & JOHNSON By: kaylor . Andrews, Esq. Atto eys for Plaintiff Pomfret Street Carlisle, PA 17013 (717) 243-0123 I TRUD`_' A. ROSELLA, IN THE COURT OF COMMON I?LE;AS OF Plaintiff: CUMBERLAND COUNTY, PENN.>'~'L`,IANIA vs. NO. 09 - 5766 CIVIL RICHARD T. ROSELLA, Defendant; IN DIVORCE ORDER OF COURT AND NOW, this ! ~ day of ~2r~r'~~r~cr~L.~`, 201?, the economic claims raised in the proceedings ha~~~inq been ~eso~ved ir: accordance with a divorce settlement agreement dated October 26, 2012, the appointment of the Master: _i_s vaca~ed and counsel can file a praecipe transmitting the record *o the Court requesting a final decree in divorce. BY THE COURT, ,~` f~y Ke n A. Hess, P. T. c,c: /Nathan C. Wolf Attorney for Ilaintiff '"ST l d ay or P. An rews ,-; ;,,, ___ Attorney for Defendant ~ ~ __, ~,~ ~ .~ f try ~ "~ ~~ ..~.~ e~ ~ ('T~ ~~~ Q ~~, ~• ..J ~.~. TRUDY A. ROSELLA Plaintiff vs. RICHARD T. ROSELLA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY„ PENNSYLVANIA NO: 09-5766 CIVIL ACTION -LAW IN DNORCE c~ -c~ ~~ I ~~ ~ ~. ~~ ~~:3 :%' f,`i :_~" C1 DIVORCE SETTLEMENT AGREEMENT .~~.. .~ r~ _., ~-r: r.P~ w -. --~ ~: -r; CTt ~_ ~rn ~~~ ~ ca --+c~ ~.~ `41 C~i'~'Y _'m" ~~ 1--` i rS _..~~ -> ,~; -~: AGREEMENT, made this ~-~" day of October, 2012, between Trudy A. Jackson, formerly Trudy A. Rosella (hereinafter called "Wife") and Richard T. Rosella (hereinafter called "Husband" ) WITNESSETH: The parties hereto are Wife and Husband, having been married on February 12, 1988, at Carlisle, Cumberland County, Pennsylvania. There were no children born of this marriage. Diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to divorce and to live separate and apart for the rest of their natural lives, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation: (1) the settling of all matters between them relating to the ownership of real and personal property and the responsibility for payment of debts; (:2) the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and of Husband by Wife; and (3) in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 1 NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinat}er set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. DIVORCE Both parties agree that Wife has commenced a divorce action in the Cumberland County Court of Common Pleas and that the Court does have proper jurisdiction to terminate the parties' marriage and to decide the economic claims that have been filed. Both parties have signed and filed affidavits of consent to the entry of a divorce, and each party hereby agrees that his or her filing of consent and waiver of notice with regard to the petition to obtain a divorce shall not be withdrawn or rescinded. This agreement resolves the economic claims of the parties and no such claims shall survive outside of this agreement when this agreement is signed by both parties. This agreement shall be incorporated by reference intro the divorce decree in this case, but shall not be merged into the decree. 2. ADVICE OF COUNSEL Tlie provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Nathan C. Wolf, Esquire, for Wife, and Taylor P Andrews, Esquire, for Husband. Each party acknowledges that she or he has received independent legal advice from counsel of her or his selection and that each fully understands the facts and has been fully 2 informed as to her or his legal rights and obligations and each party acknowledges and accepts 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. F,ach shall be free from al l control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. F;ach may, for her or his separate use or benefit, conduct, carry on and engage in any business, occupation., profession or employment which to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass,, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 4. PERSONAL PROPERTY Tangible: Wife and Husband do hereby acknowledge they have heretofore divided the marital property, including, but without limitation, jewelry, clothes, furniture and other personalty, and hereafter, Wife agrees that all of the property in the possession of Husband shall he the sole and 3 separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with. respect to any of the above items which are the sole and separate property of the other. Husband shall retain ownership of the Fiat: and Cruiser, and Wife shall retain ownership of the Grand AM. Intangible: Wife and Husband agree that all accounts and investments shall become the sole property of the registered owner free; and clear of any claims by the non-registered owner. More specifically, Wife shall the be sole owner of her life insurance policy and her t~vo Roth IRA accounts, and Husband shall be the sole owner of his life insurance policy and his annuity. 5. REAL PROPERTY V6'ife hereby agrees to convey., transfer and grant to Husband her right, title and interest in the real estate situated and located at 38 Partridge Circle, North Middleton Township, Cumberland County, F'A. From the date of this Agreement, Husband agrees to assume as his sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises, and Husband agrees and covenants to hold Wife harmless from any such liability or obligation. Husband agrees that such payments shall be made when due in order to protect each party's credit history. Husband shall be prohibited from increasing the balance of Wife joint obligation. Husband shall, within 60 days of the execution of this agreement, attempt. to have Wife released from any obligation to Orrstown Bank. Wife shall pay any costs associated with such release if such release is obtained within 60 days of the date of this agreement. Husband's attorney shall prepare a deed for this transfer and it shall be signed by Wife and delivered to Husband within 4 72 hours of the execution of this agreement. At the time of the delivery of this deed, Husband shall pay to Wife the sum of Fifteen thousand dollars ($15,000.00). 6. SUPPORT, ALIMONY, ALIMONY PENDENTE LITE Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony. Husband shall withdraw the claim for Alimony previously filed in this action. Husband also acknowledges that his entitlement to spousal support or for alimony pendent lite will terminate when the divorce decree is signed in this case and any amounts paid to the Domestic Relations Section by Wife and distributed to Husband after the date of the issuance of the divorce decree shall be refunded or distributed to Wife. It shall be, from the date of this divorce, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 7. LIABILITIES Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party ma,y be responsible or liable, except for the existing home equity loan secured on the property at 38 Partridge Circle, North Middleton Township, Cumberland County, PA. Neither party will hereafter incur any liability whatsoever for which the other parry or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them, including those for necessities. Husband agrees to pay all of the Home Equity Loan payments and to indemnify Wife and hold her harmless for any claim by the mortgage company for the real estate located at 38 5 Partridge Circle, North Middleton Township, Cumberland County, PA, and shall be required to comply with the requirements of Paragraph 5 as they relate to obtaining a release. 8. LEGAL FEES Each party agrees to be responsible for her or his own legal fees and expenses. 9. NO BA:EZ TO FURTHER PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available. It is agreed that this Agreement shall not be impaired by any divorce decree which maybe granted but shall continue in full force and effect notwithstanding the granting of any such decree. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 10. MUTUAL RELEASE W"ife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other .and the estate of such other,, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature anti wheresoever situate, which she or he now has or at any time hereafter may have against 6 the other., the estate of such other ar any part thereof, whether arising out of any former acts, contracts, engagements or liabilities ~of such other or by way of dower or curtesy, or claims in the nature of dower or cur. tesy 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 thereof. It is the intention of Wife and Husband to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof, subject, however, to the implementation and. satisfaction of the conditions precedent as set forth herein above. 1 1. C-THER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least seven (7) days after demand therefor} execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation. of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectually the terms of this Agreement. 7 12. SUCCESSORS' RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 13. ENTIRE AGREEMENT Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained., either oral or written, which shall or maybe charged or enforced or enforceable unless reduced to writing anal signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other term; condition, clause or provision of this Agreement. 14. BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 15. SEPARABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law, or otherwise, then only that term, condition, clause or provision shall be stricken fi-om 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 mare of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 16. HEADINGS 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 meanings, constn~ction or effect. 17. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed. 18. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as parties hereto, acknowledge the receipt of a duly executed copy hereof. .'~ ,- __ _ - . N . an C. Wolf, Esq., Witness Trudy A. Jc(~kson, Wife ( ' /l ~x~, .~~ ~~ ~ y~. ~'T~ylor P. Andrews, Esq., Witness R chard T. Roselle, Hu band 'a 9 COMMON WEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND 1 r" On this, the ~~ day of October, 2012, before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared Trudy A. Jackson, and in due form of law acknowledged her signature to the above Agreement to be her act and deed. E6MM6NWEAL~kI AE BENNfii~LVANiA ~~ Notarial Seal Nathan C. Wolf, Notary Public Carlisle Boro, Cumberland County f . ---- My Commission Expires April 19, 2016 .~ MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) On. this, the ~ `J day of October, 2012, before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared Richard T. Rosella and in due form of law acknowledged his signature to the above Agreement to be his act and. deed. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHELLY SEXTON, Notary Public Carlisle Boro, Cumberland) 26~ 2015 My Commission Expires Ap t,. ;. -~_ ~~~._ ~/ ~.., - 10 ~. NATHAN C. WOLF, ESQUIRE r_ i ~ _ : ,., ATTORNEY ID NO. 87380 ~ ' ~•- ~• ~ t~ ~ ~ i .... ;~ lOWESTHIGHSTREET ~~ +~'?}~ 1~,+~r17~!~'•r'!~"~" ~ +fv(~,; ;i~,``` CARLISLE PA 17013 (717) 241-4430 ~~ t 7 ~~~ `~ ~~ ~~ ATTORNEY FOR PLAINTIFF i L TRUDY A. ROSELLA, Plaintiff v. RICHARD T. ROSELLA, Defendant To the Prothonotary: 11V ~~J i (; CUMBER t CIVIL ACTION -LAW MMON PLEAS OF CY, PENNSYLVANIA NO. 2009-5766 CIVIL'TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD "Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. CJround for divorce: Irretrievable breakdown under Section 3301(c'1 of the I-divorce Code. ?. Date and manner of service of the complaint: On or about August 26, 2009, defendant was served a certified copy of the divorce complaint via restricted delivery, addressed to the defendant.. (See Affidavit of Service previously filed, September 3, 2009) 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: April 17, 2012 By the defendanr..~pril 19, 2012 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce (:ode: n/a (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: n/a 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: n/a (b) Date plaintiffs Waiver of Notice in Section 3301(c) divorce ~~~as filed with the Prothonotary: Apri125, 2012 Date defendant's Waiver of Notice in Section 3301 (c) divorce was filed with the Prothonotary: April 25, 2012 ''' November ~ , 2012 .. N1~T'~IAN'C. WOLF, Esquire, for Plaintiff