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HomeMy WebLinkAbout09-80840 S COURTNEY L. ROSENBERRY, Plaintiff, vs. TREVOR E. ROSENBERRY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. a 9 - F6 9.1 C *7-,e, ..- 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 I 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 COURTNEY L. ROSENBERRY, Plaintiff, vs. TREVOR E. ROSENBERRY, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 Ti- F0 8y ,, CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, COURTNEY L. ROSENBERRY, by and through her attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Divorce: 1. Plaintiff is COURTNEY L. ROSENBERRY, an adult individual who currently resides at 430 Shed Road, Newville, Cumberland County, Pennsylvania 17241 (hereinafter referred to as "Plaintiff'). All legal papers may be served on the Plaintiff through her counsel at 395 St. Johns Church Road, Suite 101, Camp Hill, Pennsylvania 17011. 2. Defendant is TREVOR E. ROSENBERRY, an adult individual who currently resides at his mother's home in Pennsylvania. Defendant's mother resides at 9002 Pineville Road, Shippensburg, Franklin County, Pennsylvania 17257 (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 September 20, 1997, in Chambersburg, Pennsylvania. 5. The parties physically separated in March of 2009, when Defendant moved out of the marital residence. 6. Neither Plaintiff nor Defendant is 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 sixteen 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. COUNT IV ALIMONY 18. Paragraphs one through twenty are hereby incorporated by reference as though fully set forth herein. 19. Plaintiff has been a homemaker for the last eleven years, raising the parties' four minor children. Plaintiff has not been a financial provider for the family, or for herself, during that time. 20. Plaintiff does not have the means through her own earning capacity to maintain a reasonable standard of living, nor the standard the parties established during the marriage. 21. Plaintiff lacks sufficient property, including, but not limited to, any property distributed pursuant to the Divorce Code of 1980, as amended, to provide for her reasonable needs. 22. Defendant is enjoying a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order awarding Plaintiff alimony from Defendant in such sums as are reasonable and adequate to support and maintain Plaintiff. COUNT V ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS 23. Paragraphs one through twenty-five are hereby incorporated by reference as though fully set forth herein. 24. By reason of the institution of the action to the above term and number, Plaintiff will be and has been put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 25. Defendant's income is disproportionately higher than Plaintiffs ability to earn. Plaintiff is without adequate income to pay the costs and expenses of this litigation, and is, likewise, without adequate income to maintain her during the course of the litigation. WHEREFORE, Plaintiff respectfully requests that the Court grant an order upon Defendant compelling Defendant to pay Plaintiff alimony pendente lite, counsel fees and/or costs of litigation. Date: S g VERIFICATION I, Courtney L. Rosenberry, 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. Dated: 1V 1 b - 0 1?1 L RS?t?01 Courtney L. _ senberry 1 9. COURTNEY L. ROSENBERRY, Plaintiff, vs. TREVOR E. ROSENBERRY, 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. 9of9 1 9 HOV 20 f r 2: = 4 GL?,.- r, X339/9 C, yi 4. .50 COURTNEY L. ROSENBERRY, : Plaintiff V. TREVOR E. ROSENBERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-8084 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Defendant, Trevor E. Rosenberry moves the court to appoint a master wLth r"peq to the following claims: rnm -n z-ri M M (x) Divorce (x) Distribution of Propert?? co rn - -?, Annulment () Support -<> (x) Alimony (x) Counsel Fees n O Alimony Pendente Lite (x) Costs and Expenses cn - W and in support of the motion states: C, > as to the claims for which the appointment of a magfer l t i e e s comp (1) Discovery is requested. (2) The Plaintiff, Courtney L. Rosenberry has appeared in the action by her attorney, Leslie J. Beam, Esquire. (3) The statutory grounds for divorce are: 3301(c) (4) The action is contested with respect to the following claims: divorce, equitable distribution, counsel fees and expenses. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to the motion: not applicable DATE: z II elk-A k, L.", = c I A. Sc erer, Esquire ORDER APPOINTING MASTER AND NOW, this day of &' , 2011, E. Robert Elicker, III, Esquire is appointed master with respect to the foll ?ia claims: divorce, equitable distribution, counsel fees and expenses. Michael A .Scherer-, Ccp?as M;xtsd a['?ba BY THE COURT, ?13 z,yd?0 ?a 40-0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY L. ROSENBERRY, ) Plaintiff ) V. ) ) TREVOR E. ROSENBERRY, ) Defendant ) NO. 2009-8084 CIVIL ACTION - LAW IN DIVORCE NOTICE TO RESUME PRIOR SURNAME rnW =rn x;;0 rnr- D n xo D ? -,z N t,D Notice is hereby given that Courtney Lynn Rosenberry, Plaintiff in the above-captioned action, prior to the entry of a final Decree in Divorce, hereby elects to resume her prior surname of Courtney Lynn Spahr, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: '-2-z' Zw? P? L,6RIA I I )on ?? yrtn Courtney L Rosenb rry TO BE KNOWN AS: ((I Jf +'n I I jAnn Courtney L Spa COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUrn be,1" I a-h of ) ON THE _,2Q"CtDAY OF FEBRUARY, 2012, before me, a Notary Public, personally appeared Courtney L. Rosenberry, to be hereafter known as Courtney L. Spahr, known to me to be the person whose name is subscribed to the within document, acknowledged that she executed the same for the purpose contained therein. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public Cam' ;" C:) - , P ? COMMONMALTH OF PENNSYLVANIA Notarial Seal Andrea A. Crider, Notary Public Chambersburg Boro, Franklin County t My Commission Expires July 27, 2014 a1 IPA Member, Pennsylvania Association of Notaries 1 /, 5? d u 07"11--7 9 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY L. ROSENBERRY (NOW ) KNOWN AS COURTNEY L. SPAHR), ) Plaintiff ) V. ) TREVOR E. ROSENBERRY, ) Defendant ) r?..a NO. 2009-8084 cr w ==c CIVIL ACTION - LAW : :t CD r, . IN DIVORCE : PLAINTIFF'S AFFIDAVIT OF CONSENT A complaint in divorce under §3301(c) of the Divorce Code was filed on November 20, 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. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above 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: 4' 125 Z Courtney L. ahr, aintiff - r - r't7 1 y cry 4. J D ?- J'(-) MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN COURTNEY L. SPAHR AND TREVOR E. ROSENBERRY Lesley J. Beam, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Courtney L. Spahr Michael A. Scherer, Esquire BARIC SCHERER 19 W. South Street Carlisle, PA 17013 Telephone: (717) 249-6873 Counsel for Trevor E. Rosenberry MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this day of April, 2012, by and between COURTNEY L. SPAHR, of Cumberland County, Pennsylvania, and TREVOR E. ROSENBERRY, of Franklin County, Pennsylvania; WITNESSETH: WHEREAS, Trevor E. Rosenberry (hereinafter referred to as "Husband"), presently resides at 9002 Pineville Road, Shippensburg, Franklin County, Pennsylvania 17257; WHEREAS, Courtney L. Spahr (hereinafter referred to as "Wife"), presently resides at 430 Shed Road, Newville, Cumberland County, Pennsylvania 17241; WHEREAS, the parties hereto are husband and wife, having been lawfully married on September 20, 1997, in Chambersburg, Pennsylvania; WHEREAS, the parties have lived separate and apart since March of 2009; WHEREAS, the parties have four minor children born of their marriage, Luke Rosenberry, 12 years of age; Jacob Rosenberry, 11 years of age; Abram Rosenberry, 8 years of age, and Abigail Rosenberry, 6 years of age (hereinafter the "children"); WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Michael A. Scherer, Esquire for Husband and Lesley J. Beam, Esquire for Wife). Each party fully understands the facts and his or her 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, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2 Cry ??--- 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any, marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Wife commenced a divorce action pursuant to §3301(c) of the Divorce Code in Cumberland County, docketed to Civil Action No. 2009-8084. The parties acknowledge that the ninety day (90) waiting period provided for under §3301(c) of the Divorce Code has expired, and agree to finalize the divorce action pursuant to the mutual consent no-fault provisions set forth within §3301(c) of the Divorce Code. The parties will execute their respective Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Divorce Decree simultaneously with execution. of this Agreement, and shall forward such to counsel for Wife. Counsel for Wife will file the Praecipe to Transmit the Record and all other documentation required to finalize the divorce. 4 5. EQUITABLE DISTRIBUTION. (a) Marital Residence at 430 Shed Road, Newville, Cumberland County, Pennsylvania 17241. The parties acknowledge that they are the titled owners, as tenants by the entireties, of that certain house and lot and all improvements thereupon situated at 430 Shed Road, Newville, Cumberland County, Pennsylvania 17241 (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) Wife shall become the sole and exclusive owner of the Marital Residence and shall be permitted to take any action with respect thereto that she deems appropriate. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest he may have in and to the Marital Residence. Husband shall execute a deed transferring all of his right, title and interest in the Marital Residence to Wife simultaneously with execution of this Agreement, which deed shall be held in escrow by counsel for Husband until Wife refinances the mortgage pursuant Paragraph 5(a)(4), at which time it will be immediately recorded by Husband's counsel. (2) As of the execution of this Agreement, Wife shall have exclusive possession of the Marital Residence. (3) Husband agrees that as the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the Marital Residence shall be endorsed to reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. 5 C5 (4) Commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, the mortgage, taxes, insurance premiums, utilities, maintenance and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys' fees, which may be incurred in connection therein. (5) The Marital Residence is security for an aforementioned mortgage (hereinafter the "mortgage"). Wife shall be solely liable for payment of the mortgage. Wife shall refinance the residence within 90 days of this date of execution of this Agreement. At the time of the refinance, Wife shall pay the sum of Twenty-Three Thousand, Five Hundred Ninety-Eight Dollars and Twenty Cents ($23,598.20) to Husband, which payment shall represent distribution of the estate. (6) In the event that Wife is unable to refinance the mortgage within ninety (90) days in accordance with Paragraph 5(a)(5), Wife shall be required to list the Marital Residence for sale with a realtor at a price agreed upon by both parties. The Marital Residence shall remain listed for sale until sold. At the time of sale, Husband shall get the first Twenty-Three Thousand, Five Hundred Ninety-Eight Dollars and Twenty Cents ($23,598.20) of the proceeds, and Wife shall get the remaining proceeds. If Wife is able to refinance the Marital Residence while it is listed for sale, Wife shall be able to do so, and shall make the payment of Twenty-Three Thousand, Five Hundred Ninety-Eight Dollars and Twenty Cents ($23,598.20) at that time. 6 C5 Ox (b) Furnishings and Personalty. Husband shall be entitled to the personal property from the Marital Residence listed on Exhibit "A", which shall be his separate property-. Husband shall remove this property within forty-five (45) days of the date of execution of this Agreement. Any property still remaining in the Marital Residence after forty-five (45) days of the date of execution of the Agreement shall be the separate property of Wife, as well as all other property currently in the Marital Residence not listed on Exhibit "A." (c) Motor Vehicles. (1) Husband shall retain possession of and receive, as his sole and separate property, the Ford F 150 currently titled in his name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with any vehicle belonging to Husband by virtue of this subparagraph. (2) Wife shall retain possession of and receive, as her sole and separate property, the Saturn Vue currently titled in her name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with any vehicles belonging to Wife by virtue of this subparagraph. (3) The parties agree that they will cooperate in effectuating any transfer of titles and insurance necessary to accomplish the purposes of this subparagraph. (d) Life Insurance. The parties acknowledge and agree that each shall retain as his/her sole property, any and all life insurance policies in his/her name, free of any right, title and interest of the other party. The parties will execute and deliver any documents necessary to formally release all claims to the presently existing life insurance of the other. (e) Pension and Retirement Benefits. Husband hereby specifically releases and waives any and all right, title, claim or interest that he may have in and to any and all retirement benefits (including, but not limited to, pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of Wife, including a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. Wife hereby specifically releases and waives any and all right, title, claim or interest that she may have in and to any and all retirement benefits (including, but not limited to, pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of Husband, including a waiver of any spousal annuity benefits and/or beneficiary designations thereunder, specifically including Husband's Churches of God Plan #001395. (f) Cash Accounts. Stocks and Investments. (1) Husband agrees Wife shall retain, as her sole and separate property, any and all cash accounts, stocks and investments titled in her sole name or jointly with C? a third person other than Husband. Wife shall also receive, as her sole and separate property, the parties' joint F&M Trust Bank account, which shall be either placed into Wife's name alone, or closed and the contents used by Wife as she deems fit. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest in and to said cash accounts, stocks and investments and the monies contained therein. (2) Wife agrees Husband shall retain, as his sole and separate property, any and all cash accounts, stocks and investments titled in his sole name or jointly with a third person other than Wife. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest in and to said cash accounts, stocks and investments and the monies contained therein. (g) Equitable Distribution Payment. In order to effectuate an equitable distribution of the parties' estate, Wife shall make the payment of Twenty-Three Thousand, Five Hundred Ninety-Eight Dollars and Twenty Cents ($23,598.20) to Husband mentioned above in Paragraph 5(a)(5). Wife will be obtaining this sum from her refinance of the Marital Residence, which must be completed within 90 days of the date of execution of this Agreement. Wife shall pay these sums to Husband by either depositing this money into Husband's Orrstown Bank account or by check. As distribution of a marital asset, not of income, Husband's receipt of this sum shall be non-taxable to him. (h) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein but otherwise disclosed to the other party, shall be owned by the party to whom the property is titled, and if untitled, the party in 9 C5 --f ip possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer and waiver of any and all rights in such property from each to the other. (i) Property to wife. The parties agree Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (j) Property to Husband. The parties agree Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (k) After Acquired Property. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be it real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively in all respects and for all purposes, as though he or she were unmarried. 10 (1) Liabilities. Including those debts identified elsewhere in this Agreement, Wife shall be solely liable for repayment of all debts in her name alone. Wife shall indemnify and hold Husband and his property harmless from any and all of her debts, obligations and liabilities under this Agreement. Including those debts identified elsewhere in this Agreement, Husband shall be solely liable for all debts in his name alone. Husband shall indemnify and hold Wife and her property harmless from any and all of his debts, obligations and liabilities under this Agreement. (m) Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. (n) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorneys' fees incurred by Wife in connection therewith. (o) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife 11 nnqq -< under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorneys' fees incurred by Husband in connection therewith. (p) Warrant as to Future Obligations. Husband and Wife each represents and warrants to the other he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys' fees, incurred in the event of breach hereof. 6. ALIMONY, ALIMONY PENDENTE LITE, and SPOUSAL SUPPORT. Except as stated below, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 12 The above notwithstanding, commencing immediately upon Husband's first pay after execution of the Agreement, and continuing thereafter for the duration of thirty-six (36) months, Husband shall pay directly to Wife, as and for alimony, the sum of Four Hundred Dollars ($400.00) each month, which payment shall be made in biweekly installments of One Hundred and Eighty-Four Dollars and Sixty-Two Cents ($184.62) consistent with Husband's pay schedule. Said alimony payment shall be non-modifiable. The parties waive any right to modify the terms of the alimony in a court of law or equity. In addition to the aforementioned alimony payment of Four Hundred Dollars ($400.00) per month, Husband shall pay to Wife one-quarter (1/4) of any gross (before-tax) bonus(es) Husband receives in years 2012, 2013 and 2014. Husband shall provide such payment to Wife within one (1) week of receipt of said bonus, and shall provide a copy of his paystub documenting the amount of the bonus to Wife at the time he makes payment so Wife is able to confirm Husband's compliance with this Agreement. Likewise, Husband shall provide Wife with his end-of-year paystub each year of his alimony obligation so Wife is able to confirm that all bonus money has been paid in accordance with this Agreement. Said alimony payment shall terminate absolutely prior to the expiration of thirty-six (36) months upon the first to occur of one of one of the following: (i) Death of Wife; (ii) Death of Husband; (iii) Wife's remarriage; or (iv) Wife's cohabitation as defined by applicable Pennsylvania law. 13 5 It is understood by the parties the alimony payments from Husband to Wife pursuant to this Agreement constitute alimony under the Internal Revenue Code, such that the payments are deductible by Husband on his individual tax return and includeable as income on Wife's individual tax return. Husband shall make these payments directly to Wife. In the event that Husband fails to make a payment of alimony in full and on time in accordance with this Agreement, Wife shall be able to file a copy of this Agreement with the Domestic Relations Section of the Court of Common Pleas of Cumberland County, who will enter an Order consistent with the terms of this Agreement, attach such payments from Husband's wages and enforce such Order where necessary. Husband shall be solely responsible for all actual expenses incurred by Wife in implementing the support order through Domestic Relations due to his nonpayment. 7. CHILD SUPPORT. Husband has been paying a sum of support to Wife directly as support for the children since the parties' separation, as Wife is the primary custodian. Husband agrees that commencing immediately upon his first payday after execution of the Agreement, he shall pay to Wife, as and for baseline child support, the sum of One Thousand Six Hundred and Fifty Dollars ($1,650) per month to be paid in biweekly installments of Seven Hundred and Sixty-One Dollars and Fifty-Four Cents ($761.54) consistent with Husband's pay schedule. Husband agrees that he shall maintain the parties' children on his health and dental insurance for so long as the children remain eligible for such coverage. Unreimbursed medical expenses of the children in excess of Two Hundred and Fifty Dollars ($250.00) per child shall be shared between the parties, with Husband responsible for Ninety Percent (90%) of said expenses. 14 Unreimbursed medical expenses, for the purposes of this subparagraph, shall be defined to include all medical, dental, pharmaceutical, vision, therapeutic and rehabilitative expenses of the children which are not paid by the insurance and are required to be paid by one or both of the parties on behalf of the children, including, but not limited to, co-pays and payments to be made towards the deductible. Should Wife pay any unreimbursed medical expenses of the children up front for which Husband bears responsibility, Husband shall reimburse her within five (5) business days of notice of the expense. Husband shall make these payments directly to Wife. In the event that Husband fails to make any payment under this Paragraph in full and on time in accordance with this Agreement, Wife shall be able to file a copy of this Agreement with the Domestic Relations Section of the Court of Common Pleas of Cumberland County, who will enter an Order consistent with the terms of this Agreement, attach such payments from Husband's wages and enforce such Order where necessary. Husband shall be solely responsible for all actual expenses incurred by Wife in implementing the support order through Domestic Relations due to his nonpayment. 8. TAX MATTERS. The parties have previously filed joint personal, federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed for any tax year in which the parties jointly filed, the party who is responsible for the underpayment shall be responsible for payment of the tax, and any interest, penalty or other expense arising therefrom, and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. The parties will file separately for the 2012 tax year and for all tax years thereafter. 15 Wife agrees that Husband shall be permitted to claim the eldest three of the parties' four children for the tax years of 2011, 2012, 2013 and 2014, and the eldest two of the parties' children for the tax year of 2015, and will execute all necessary IRS forms for Husband upon his request each tax year. 9. MEDICAL INSURANCE COVERAGE. Husband currently maintains medical insurance coverage for Wife through his employment. Husband shall maintain coverage for Wife through his employment until entry of the divorce decree. At the time of entry of the divorce decree, and for all times forward, neither party shall be responsible for providing or paying for the medical insurance coverage of the other. Wife shall, however, be entitled to COBRA coverage through Husband's employer for a period up to thirty-six (36) months, in accordance with law. Husband shall provide notice to his employer and the health insurance company of the divorce and Wife's intent to obtain COBRA coverage within 14 days of entry of the divorce decree, and shall comply with all other notice and documentation requirements required to enable Wife to obtain this coverage. 10. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and with the preparation and execution of this Agreement. 11. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any 16 additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 12. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 13. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to § 3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have 17 CIS 1 r in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now 18 r existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, courtesy, 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 Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 14. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of three (3) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 15. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 16. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 19 -J-F- 17. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party the costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 18. WAIVER OF BREACH. The waiver by one parry of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 19. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Trevor E. Rosenberry 9002 Pineville Road Shippensburg, Pennsylvania 17257 and to Wife, if made or addressed to the following: Courtney L. Spahr 430 Shed Road Newville, Pennsylvania 17241 Notice shall be deemed to have occurred upon the date received by the recipient.. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. Should Husband or Wife be unable to serve notice by registered or certified mail after two attempts, service by first class mail at the above-stated addresses will 20 P' f suffice as notice under this Agreement, and notice shall be deemed to have occurred within three (3) business days of mailing. 20. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 21. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 22. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 23. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 24. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of 21 reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 25. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 26. NO INTENDED THIRD-PARTY BENEFICIARIES. This Agreement constitutes a contract binding between the aforementioned parties and those parties only. To the extent that this Agreement may benefit another party other than Husband or Wife either directly or indirectly, said party constitutes merely an incidental beneficiary of the Agreement and will be restricted from pursuing legal action should either Husband or Wife breach this Agreement. 27. ENTIRE AGREEMENT. Each party acknowledges he or she has carefully read this Agreement; he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties, it being agreed both parties have participated fully in the preparation thereof. 28. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that 22 party shall pay to the other party the attorneys' fees, costs, and other expenses reasonably incurred as a result of such failure. 29. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of [t? N Lui i COURTN S HR TREVOR E. ROSENBERR 23 - 4At WITN S COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUM AND ?? BEFORE ME, the undersigned authority, on this day personally appeared COURTNEY L. SPAHR, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of M , 2012. of P blic i and fo Commonwealth f Pennsy Typed or printed n My commission expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBRA M. SHIMP, NOTARY PUBLIC CITY OF HARRISBURG. DAUPHIN COUNTY MY COMMISSION EXPIRES AUGUST 29, 2013 24 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BEFORE ME, the undersigned authority, on this day personally appeared. TREVOR E. ROSENBERRY, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. Apri I GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of i, 2012. Nota Public ' f r Co nwealth of Pennsylvania Typed or printed name of Notary: JinnifiT?- UAd% My commission expires: \ COMMONWEALTH OF PENNSYLVANIA Notarial Seal 7ennifer S. Unda;ar y, Notary Pub k i y CAmmisslon ExNov. 299, 015 MEMBER, 084NMVANIA ON OF NO 7ARffi5 t EXHIBIT "A" Bookcase (given to Husband by his grandmother) Gun case and contents Lesher wall clock (1 of two handmade clocks) Large Craftsman tool box and tools from the garage, excluding those tools that were given by Wife's father Lesher dining room table (bought by Husband's parents) Bunk bed set (that was Husband's pre-marital property) Lesher buffet Ned Smith "Through the Pines" print. (Husband's pre-marital property) Rosenberry rocking chair (gift from Husband's grandmother) G Harvey prints (two) 1 of the two TV's Oak stand housing videos and books (was a gift from Husband's aunt) Personal boxed items and clothes from attic and basement and garage Bike 1 each of tools, digging iron, shovel, rake Potato crates from basement COURTNEY L. ROSENBERRY, Plaintiff VS. TREVOR E. ROSENBERRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 8084 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of Q 2012, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated April 13, 2012, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: ZLesley J. Beam Attorney for Plaintiff Michael A. Scherer Attorney for Defendant BY THE COURT, Kevin Hess, P. J. C .. Z a . G . T?' x ca oQ - eos y ` r THE PROTHClNOTAfi 2012 APR 19 PM 1: 3 1 CUMBERLAND cowr` PENNSYLVANIA MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN COURTNEY L. SPAHR AND TREVOR E. ROSENBERRY Lesley J. Beam, Esquire HOWETT, KISSENGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Courtney L. Spahr Michael A. Scherer, Esquire BARIC SCHERER 19 W. South Street Carlisle, PA 17013 Telephone: (717) 249-6873 Counsel for Trevor E. Rosenberry MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this day of April, 2012, by and between COURTNEY L. SPAHR, of Cumberland County, Pennsylvania, and TREVOR E. ROSENBERRY, of Franklin County, Pennsylvania; WITNESSETH: WHEREAS, Trevor E. Rosenberry (hereinafter referred to as "Husband"), presently resides at 9002 Pineville Road, Shippensburs, Franklin County, Pennsylvania 17257; WHEREAS, Courtney L. Spahr (hereinafter referred to as "Wife"), presently resides at 430 Shed Road, Newville, Cumberland County, Pennsylvania 17241; WHEREAS, the parties hereto are husband and wife, having been lawfully married on September 20, 1997, in Chambersburg, Pennsylvania; WHEREAS, the parties have lived separate and apart since March of 2009; WHEREAS, the parties have four minor children born of their marriage, Luke Rosenberry, 12 years of age; Jacob Rosenberry, 11 years of age; Abram Rosenberry, 8 years of age, and Abigail Rosenberry, 6 years of age (hereinafter the "children"); WHEREAS, the parties hereto -1r desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling; of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Michael A. Scherer, Esquire for Husband and Lesley J. Beam, Esquire for Wife). Each party fully understands the facts and his or her 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, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 1) 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Wife commenced a divorce action pursuant to §3301(c) of the Divorce Code in Cumberland County, docketed to Civil Action No. 2009-8084. The parties acknowledge that the ninety day (90) waiting period provided for under §3301(c) of the Divorce Code has expired, and agree to finalize the divorce action pursuant to the mutual consent no-fault provisions set forth within §3301(c) of the Divorce Code. The parties will execute their respective Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Divorce Decree simultaneously with execution of this Agreement, and shall forward such to counsel for Wife. Counsel for Wife will file the Praecipe to Transmit the Record and all other documentation required to finalize the divorce. 4 C?? 1_1 I, 5. EQUITABLE DISTRIBUTION. (a) Marital Residence at 430 Shed Road, Newville, Cumberland Coun , , Pennsylvania 17241. The parties acknowledge that they are the titled owners, as tenants by the entireties, of that certain house and lot and all improvements thereupon situated at 430 Shed Road, Newville, Cumberland County, Pennsylvania 17241 (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) Wife shall become the sole and exclusive owner of the Marital Residence and shall be permitted to take any action with respect thereto that she deems appropriate. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest he may have in and to the Marital Residence. Husband shall execute a deed transferring all of his right, title and interest in the Marital Residence to Wife simultaneously with execution of this Agreement, which deed shall be held in escrow by counsel for Husband until Wife refinances the mortgage pursuant Paragraph 5(a)(4), at which time it will be immediately recorded by Husband's counsel. (2) As of the execution of this Agreement, Wife shall have exclusive possession of the Marital Residence. (3) Husband agrees that as the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the Marital Residence shall be endorsed to reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. 5 11 ??, (4) Commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, the mortgage, taxes, insurance premiums, utilities, maintenance and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys' fees, which may be incurred in connection therein. (5) The Marital Residence is security for an aforementioned mortgage (hereinafter the "mortgage"). Wife shall be solely liable for payment of the mortgage. Wife shall refinance the residence within 90 days of this date of execution of this Agreement. At the time of the refinance, Wife shall pay the sum of Twenty-Three Thousand, Five Hundred Ninety-Eight Dollars and Twenty Cents ($23,598.20) to Husband, which payment shall represent distribution of the estate. (6) In the event that Wife is unable to refinance the mortgage within ninety (90) days in accordance with Paragraph 5(a)(5), Wife shall be required to list the Marital Residence for sale with a realtor at a price agreed upon by both parties. The Marital Residence shall remain listed for sale until sold. At the time of sale, Husband shall get the first Twenty-Three Thousand, Five Hundred Ninety-Eight Dollars and Twenty Cents ($23,598.20) of the proceeds, and Wife shall get the remaining proceeds. If Wife is able to refinance the Marital Residence while it is listed for sale, Wife shall be able to do so, and shall make the payment of Twenty-Three Thousand, Five Hundred Ninety-Eight Dollars and Twenty Cents ($23,598.20) at that time. 6 (b) Furnishings and Personalty. Husband shall be entitled to the personal property from the Marital Residence listed on Exhibit "A", which shall be his separate property. Husband shall remove this property within forty-five (45) days of the date of execution of this Agreement. Any property still remaining in the Marital Residence after forty-five (45) days of the date of execution of the Agreement shall be the separate property of Wife, as well as all other property currently in the Marital Residence not listed on Exhibit "A." (c) Motor Vehicles. (1) Husband shall retain possession of and receive, as his sole and separate property, the Ford F 150 currently titled in his name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with any vehicle belonging to Husband by virtue of this subparagraph. (2) Wife shall retain possession of and receive, as her sole and separate property, the Saturn Vue currently titled in her name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with any vehicles belonging to Wife by virtue of this subparagraph. 7 (3) The parties agree that they will cooperate in effectuating any transfer of titles and insurance necessary to accomplish the purposes of this subparagraph. (d) Life Insurance. The parties acknowledge and agree that each shall retain as his/her sole property, any and all life insurance policies in his/her name, free of any right, title and interest of the other party. The parties will execute and deliver any documents necessary to formally release all claims to the presently existing life insurance of the other. (e) Pension and Retirement Benefits. Husband hereby specifically releases and waives any and all right, title, claim or interest that he may have in and to any and all retirement benefits (including, but not limited to, pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of Wife, including a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. Wife hereby specifically releases and waives any and all right, title, claim or interest that she may have in and to any and all retirement benefits (including, but not limited to, pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of Husband, including a waiver of any spousal annuity benefits and/or beneficiary designations thereunder, specifically including Husband's Churches of God Plan #00139. (f) Cash Accounts, Stocks and Investments. (1) Husband agrees Wife shall retain, as her sole and separate property, any and all cash accounts, stocks and investments titled in her sole name or jointly with a third person other than Husband. Wife shall also receive, as her sole and separate property, the parties' joint F&M Trust Bank account, which shall be either placed into Wife's name alone, or closed and the contents used by Wife as she deems fit. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest in and to said cash accounts, stocks and investments and the monies contained therein. (2) Wife agrees Husband shall retain, as his sole and separate property, any and all cash accounts, stocks and investments titled in his sole name or jointly with a third person other than Wife. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest in and to said cash accounts, stocks and investments and the monies contained therein. (g) Equitable Distribution Payment. In order to effectuate an equitable distribution of the parties' estate, Wife shall make the payment of Twenty-Three Thousand, Five Hundred Ninety-Eight Dollars and Twenty Cents ($23,598.20) to Husband mentioned above in Paragraph 5(a)(5). Wife will be obtaining this sum from her refinance of the Marital Residence, which must be completed within 90 days of the date of execution of this Agreement. Wife shall pay these sums to Husband by either depositing this money into Husband's Orrstown Bank account or by check. As distribution of a marital asset, not of income, Husband's receipt of this sum shall be non-taxable to him. (h) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein but otherwise disclosed to the other party, shall be owned by the party to whom the property is titled, and if untitled, the party in 9 possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer and waiver of any and all rights in such property from each to the other. (i) Property to Wife. The parties agree Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (j) Property to Husband. The parties agree Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (k) After Acquired Properly. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be it real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively in all respects and for all purposes, as though he or she were unmarried. 10 ,r ; (1) Liabilities. Including those debts identified elsewhere in this Agreement, Wife shall be solely liable for repayment of all debts in her name alone. Wife shall indemnify and hold Husband and his property harmless from any and all of her debts, obligations and liabilities under this Agreement. Including those debts identified elsewhere in this Agreement, Husband shall be solely liable for all debts in his name alone. Husband shall indemnify and hold Wife and her property harmless from any and all of his debts, obligations and liabilities under this Agreement. (m) Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. (n) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorneys' fees incurred by Wife in connection therewith. (o) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife 11 under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorneys' fees incurred by Husband in connection therewith. (p) Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys' fees, incurred in the event of breach hereof. 6. ALIMONY, ALIMONY PENDENTE LITE, and SPOUSAL SUPPORT. Except as stated below, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 12 The above notwithstanding, commencing immediately upon Husband's first pay after execution of the Agreement, and continuing thereafter for the duration of thirty-six (36) months, Husband shall pay directly to Wife, as and for alimony, the sum of Four Hundred Dollars ($400.00) each month, which payment shall be made in biweekly installments of One Hundred and Eighty-Four Dollars and Sixty-Two Cents ($184.62) consistent with Husband's pay schedule. Said alimony payment shall be non-modifiable. The parties waive any right to modify the terms of the alimony in a court of law or equity. In addition to the aforementioned alimony payment of Four Hundred Dollars ($400.00) per month, Husband shall pay to Wife one-quarter (1/4) of any gross (before-tax) bonus(es) Husband receives in years 2012, 2013 and 2014. Husband shall provide such payment to Wife within one (1) week of receipt of said bonus, and shall provide a copy of his paystub documenting the amount of the bonus to Wife at the time he makes payment so Wife is able to confirm Husband's compliance with this Agreement. Likewise, Husband shall provide Wife with his end-of-year paystub each year of his alimony obligation so Wife is able to confirm that all bonus money has been paid in accordance with this Agreement. Said alimony payment shall terminate absolutely prior to the expiration of thirty-six (36) months upon the first to occur of one of one of the following: (i) Death of Wife; (ii) Death of Husband; (iii) Wife's remarriage; or (iv) Wife's cohabitation as defined by applicable Pennsylvania law. 13 5 It is understood by the parties the alimony payments from Husband to Wife pursuant to this Agreement constitute alimony under the Internal Revenue Code, such that the payments are deductible by Husband on his individual tax return and includeable as income on Wife's individual tax return. Husband shall make these payments directly to Wife. In the event that Husband fails to make a payment of alimony in full and on time in accordance with this Agreement, Wife shall be able to file a. copy of this Agreement with the Domestic Relations Section of the Court of Common Pleas of Cumberland County, who will enter an Order consistent with the terms of this Agreement, attach such payments from Husband's wages and enforce such Order where necessary. Husband shall be solely responsible for all actual expenses incurred by Wife in implementing the support order through Domestic Relations due to his nonpayment. 7. CHILD SUPPORT. Husband has been paying a sum of support to Wife directly as support for the children since the parties' separation, as Wife is the primary custodian. Husband agrees that commencing immediately upon his first payday after execution of the Agreement, he shall pay to Wife, as and for baseline child support, the sum of One Thousand Six Hundred and Fifty Dollars ($1,650) per month to be paid in biweekly installments of Seven Hundred and Sixty-One Dollars and Fifty-Four Cents ($761.54) consistent with Husband's pay schedule. Husband agrees that he shall maintain the parties' children on his health and dental insurance for so long as the children remain eligible for such coverage. Unreimbursed medical expenses of the children in excess of Two Hundred and Fifty Dollars ($250.00) per child shall be shared between the parties, with Husband responsible for Ninety Percent (90%) of said expenses. 14 Unreimbursed medical expenses, for the purposes of this subparagraph, shall be defined to include all medical, dental, pharmaceutical, vision, therapeutic and rehabilitative expenses of the children which are not paid by the insurance and are required to be paid by one or both of the parties on behalf of the children, including, but not limited to, co-pays and payments to be made towards the deductible. Should Wife pay any unreimbursed medical expenses of the children up front for which Husband bears responsibility, Husband shall reimburse her within five (5) business days of notice of the expense. Husband shall make these payments directly to Wife. In the event that Husband fails to make any payment under this Paragraph in full and on time in accordance with this Agreement, Wife shall be able to file a copy of this Agreement with the Domestic Relations Section of the Court of Common Pleas of Cumberland County, who will enter an Order consistent with the terms of this Agreement, attach such payments from Husband's wages and enforce such Order where necessary. Husband shall be solely responsible for all actual expenses incurred by Wife in implementing the support order through Domestic Relations due to his nonpayment. 8. TAX MATTERS. The parties have previously filed joint personal, federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed for any tax year in which the parties jointly filed, the party who is responsible for the underpayment shall be responsible for payment of the tax, and any interest, penalty or other expense arising therefrom, and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. The parties will file separately for the 2012 tax year and for all tax years thereafter. 15 C5 Wife agrees that Husband shall be permitted to claim the eldest three of the parties' four children for the tax years of 2011, 2012, 2013 and 2014, and the eldest two of the parties' children for the tax year of 2015, and will execute all necessary IRS forms for Husband upon his request each tax year. 9. MEDICAL INSURANCE COVERAGE. Husband currently maintains medical insurance coverage for Wife through his employment. Husband shall maintain coverage for Wife through his employment until entry of the divorce decree, At the time of entry of the divorce decree, and for all times forward, neither party shall be responsible for providing or paying for the medical insurance coverage of the other. Wife shall, however, be entitled to COBRA coverage through Husband's employer for a period up to thirty-six (36) months, in accordance with law. Husband shall provide notice to his employer and the health insurance company of the divorce and Wife's intent to obtain COBRA coverage within 14 days of entry of the divorce decree, and shall comply with all other notice and documentation requirements required to enable Wife to obtain this coverage. 10. COUNSEL FEES, COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and with the preparation and execution of this Agreement. 11. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any 16 ;7? additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 12. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other parry continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 13. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to § 3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have 17 in property transferred to the other parry pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other„ all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now 18 (-'1?7 11 existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, courtesy, 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 Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 14. PRESERVATION OF RECORDS. Each parry will keep and preserve for a period of three (3) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 15. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 16. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 19 ;. 17. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching parry shall be entitled to recover from the breaching party the costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 18. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 19. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Trevor E. Rosenberry 9002 Pineville Road Shippensburg, Pennsylvania 17257 and to Wife., if made or addressed to the following: Courtney L. Spahr 430 Shed Road Newville, Pennsylvania 17241 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. Should Husband or Wife be unable to serve notice by registered or certified mail after two attempts, service by first class mail at the above-stated addresses will 20 suffice as notice under this Agreement, and notice shall be deemed to have occurred within three (3) business days of mailing. 20. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 21. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 22. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 23. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 24. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of 21 reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 25. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 26. NO INTENDED THIRD-PARTY BENEFICIARIES. This Agreement constitutes a contract binding between the aforementioned parties and those parties only. To the extent that this Agreement may benefit another party other than Husband or Wife either directly or indirectly, said party constitutes merely an incidental beneficiary of the Agreement and will be restricted from pursuing legal action should either Husband or Wife breach this Agreement. 27. ENTIRE AGREEMENT. Each party acknowledges he or she has carefully read this Agreement; he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties, it being agreed both parties have participated fully in the preparation thereof. 28. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that T? r) t; , party shall pay to the other party the attorneys' fees, costs, and other expenses reasonably incurred as a result of such failure. 29. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of 23 rD If 4--W? COURTN . S HR TREVOR E. ROSENBERR? WITN S COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUM AND ) BEFORE ME, the undersigned authority, on this day personally appeared COURTNEY L. SPAHR, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. ",' GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of M , 2012. Notaryblic i and foL Commonwealth f Pennsy Typed or printed na My commission expires: COMMONWEALTH Of PENNSYLVANIA NOTARIAL SEAL DEBRA M. SHIMP, NOTARY PUBLIC CITY Of HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES AUGUST 29, 2013 24 e COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BEFORE ME, the undersigned authority, on this day personally appeared TREVOR E. ROSENBERRY, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. n?- Y?.?r+1 GIVEN UNDER MY HAND AND SEAL OF OFFICE this ?- day of I?ati'2012. Nota Public ' d f r Co nwealth of Pennsylvania Typed or printed name of Notary: ?Jan'hr S LrnJ%g My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarlai Seal Public Jennifer S. UndW, Nmry Carlisle Wm, Cum ? ? 2015 My Commig" "res MEMBER, PENNSYLVANIA ASSpQATION OF NOTARIES EXHIBIT "A" Bookcase (given to Husband by his grandmother) Gun case and contents Lesher wall clock (1 of two handmade clocks) Large Craftsman tool box and tools from the garage, excluding those tools that were given by Wife's father Lesher dining room table (bought by Husband's parents) Bunk bed set (that was Husband's pre-marital property) Lesher buffet Ned Smith "Through the Pines" print. (Husband's pre-marital property) Rosenberry rocking chair (gift from Husband's grandmother) G Harvey prints (two) 1 of the two TV's Oak stand housing videos and books (was a gift from Husband's aunt) Personal boxed items and clothes from attic and basement and garage Bike 1 each of tools, digging iron, shovel, rake Potato crates from basement r-o COURTNEY L. ROSENBERRY, IN THE COURT OF COMMON PLE O? --+ Plaintiff CUMBERLAND COUNTY, PENNS `A% -ri rrn = w V. NO. 2009 - 8084 CIVIL TERM' ' TREVOR E. ROSENBERRY, CIVIL ACTION-LAW Defendant i t.n rv DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 20, 2009. 2. Defendants attorney Michael A. Scherer acknowledges receipt and accepts service of the Complaint on December 3, 2009. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree in divorce without notice. 5. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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: Trevor E. R sen r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY L. ROSENBERRY (NOW KNOWN AS COURTNEY L. SPAHR), Plaintiff V. TREVOR E. ROSENBERRY, Defendant NO. 2009-8084; cn ; - CIVIL ACTION - LAW ° IN DIVORCE "- '- r "'I PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service accepted by Michael A. Scherer, Esquire on December 3, 2009; Acceptance of Service filed on December 4, 2009. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, April 13, 2012; by defendant, April 2, 2012. 4. Related claims pending: No related claims pending. 5. Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: April 18, 2012; date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: April 23, 2012. ? A I A Date: ?Z -I IV 1.20 I 111 FLVVI -p- i W ley J B aria, Esquire VWE?T,AISSINGER & HOLST, P.C. 130 Wa nut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Courtney L. Spahr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY L. ROSENBERRY (NOW COURTNEY L. SPAHR) . V. : TREVOR E. ROSENBERRY NO. 2009-8084 DIVORCE DECREE AND NOW, ?11N it is ordered and decreed that COURTNEY L. ROSENBERRY (NOW COURTNEY L. SPAHR) plaintiff, and TREVOR E. ROSENBERRY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. e ourt, i Attest:TAoWAAS A.. FLAdc- ( J. Tonotary OW1 crops o*e?l YP AZI 'ff F/74 cP ?ppy Vol Ile c( -) ,?PaM StAlprer COURTNEY L. S'PAHR f/k/a IN THE COURT OF COMMON PLEAS OF COURTNEY L. ROSENBERRY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2009-8084 CIVIL TERM TREVOR E. ROSENBERRY, C0&1fR"--A'ff1DAVIT REGARDING RELOCATION This proposal of relocation involves the following children: Child's Name -Age Current Residence Luke E. Rosenberry 14 430 Shed Road,Newvill, PA 17241 Jacob F. Rosenberry 12 430 Shed Road,Newvill,PA 17241 Abram R. Rosenberry 10 430 Shed Road,Newvill,PA 17241 Abigail M. Rosenberry 7 430 Shed Road,Newvill, PA 17241 I have received a notice of proposed relocation and 1. I do not object to the relocation and I do not object to the modification of the Custody Order consistent with the proposal for revised custody schedule that is attached to the Notice. 2. 1 do not object to the relocation, but I do object to modification of the Custody Order, and I request that a hearing be scheduled:. a. prior to allowing the above-named children to relocate. b. after the children relocate. 3. \/, I do object to the relocation and I do object to the modification of the Custody Order, and I further request that a hearing be held on both matters prior to the relocation taking place. I understand that in addition to checking two (2) are (3) above,I must also file this Notice with the Court in writing and serve it on the other party by certified mail, return receipt requested. If I fail to do so within 30 days of my receipt of the proposed relocation notice,I shall be foreclosed from objecting to the relocation. I verify that the statements made in this Counter-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 falsifications to authority). Date: Trevor E. Rosenberry CD C) CD CERTIFICATE OF SERVICE I hereby certify that on July 19, 2013, I, Andrea M. Ramos, secretary at Baric Scherer LLC, did serve a copy of the Counter-Affidavit Regarding Relocation, via certified mail-return receipt requested, to the party listed below, as follows: Darren J. Hoist, Esquire Howett, Kissinger & Hoist, P.C. P.O. Box 810 Harrisburg, Pennsylvania 17108 . Andre MP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA cs C3 COURTNEY L. ROSENBERRY, ` � N/K/A Courtney L. SPAHR, r NO. 2009-8084 CIVIL TERM ,y F Plaintiff CD V. TREVOR E. ROSENBERRY, ) CIVIL ACTION- LAW ;= Defendant ) CUSTODY COMPLAINT TO CONFIRM PRIMARY CUSTODY AND RELOCATION AND NOW, comes Plaintiff, Courtney L. Rosenberry, n/k/a Courtney L. Spahr, by and through her attorney, Howett, Kissinger&Holst, P.C., who files this Complaint to Confirm Primary Custody and Relocation and in support thereof avers the following: 1. Plaintiff is Courtney L. Spahr, formally known as Courtney L. Rosenberry, ("Mother"), an adult individual who currently resides at 430 Shed Road,Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant is Trevor E. Rosenberry ("Father"), an adult individual who currently resides at 9002 Pineville Road, Shippensburg, Franklin County, Pennsylvania, 17257. 3. Plaintiff seeks to confirm primary custody of the following children: Names Present Address Date of Birth Luke Rosenberry 430 Shed Road,Newville, PA 17241 May 10, 1999 Jacob Rosenberry 430 Shed Road,Newville, PA 17241 January 31, 2001 Abram Rosenberry 430 Shed Road,Newville, PA 17241 April 10, 2003 Abigail Rosenberry 430 Shed Road,Newville, PA 17241 December 29, 2005 The children were not born out of wedlock. op t t (/ C a &/Zr i2 9 gy0(a The children are presently in the custody of Mother who currently resides at 430 Shed Road,Newville, PA, 17241. During the past five years, the children resided with the following persons and at the following addresses: Persons Addresses Dates Mother& Father 430 Shed Road Prior to separation in Newville, PA 17241 March 2009 Mother 430 Shed Road March 2009 to present Newville, PA 17241 The mother of the children is Courtney L. Spahr who currently resides at 430 Shed Road,Newville, PA, 17241. She is divorced. The father of the children is Trevor E. Rosenberry who currently resides at 9002 Pineville Road, Shippensburg, PA, 17257. He is divorced. 4. The relationship of Plaintiff to the children is that of natural mother. Plaintiff currently resides with the following persons: Names Relationship Luke Rosenberry Son Jacob Rosenberry Son Abram Rosenberry Son Abigail Rosenberry Daughter 5. The relationship of Defendant to the children is that of natural father. Defendant currently resides with the following persons: None of than the minor children when he exercises partial custody. 6. Mother has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Mother has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Mother does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because of, inter alia, the following: A. Throughout the parties' marriage, and continuing after the 2009 separation,Mother has been the primary physical custodian of the minor children, and the parties have operated under a custody agreement that affords Father periods of partial custody; B. Up until now, Mother has freely afforded Father periods of partial custody without objection or without the need for formal court order; C. Mother, who is employed with Kingsley Blasco Insurance, Inc., has been offered a promotion and career advancement opportunity, one which will afford Mother to become a part-owner of the.business, but the business opportunity requires Mother to relocate to the Erie area of Pennsylvania; D. A move to the Erie area as part of the promotion is required inasmuch as Mother will manage that branch office; E. Such a move will enhance the general quality of life for Mother; F. Allowing the children to relocate with Mother will enhance the general quality of their life as well; and G. Insomuch as Father presently exercises partial custody on an alternating weekend basis, with him also having two evenings per week from 5:30 p.m. until 8:00 p.m., a relocation to Erie will not dramatically impact custody and a suitable alternative custodial arrangement is feasible. 8. On July 10, 2013, Mother served upon Father by certified mail, as required by Section 5337 of the Custody Statute, her Notice of Intention to Relocate. A copy of Mother's Notice Regarding Relocation, and counsel's letter of July 10, 2013 are attached hereto collective as Exhibit"A" and are incorporated herein by reference thereto. 9. On July 19, 2013, and to the above action number, Father filed with this Honorable Court his Counter-Affidavit Regarding Relocation, in which he objected to the relocation and requested that a hearing be held prior to any move. A copy of Father's Counter- Affidavit Regarding Relocation is attached hereto as Exhibit`B" and is incorporated herein by reference thereto. 10. In light of Father filing his Counter-Affidavit Regarding Relocation, a hearing before the Court is necessary before Mother is permitted to relocate to Erie, Pennsylvania with the minor children. 11. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff, Courtney L. Spahr, respectfully requests that this Honorable Court enter an Order confirming her primary physical custody of the children with her and permitting the children to relocate with her to the Erie, Pennsylvania area. Respectfully submitted, Date: �- arren J. Holst, squire HOWETT, KISSINGER&HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Courtney L. Rosenberry, n/k/a Courtney L. Spahr VERIFICATION I, Courtney L. Rosenberry, hereby swear and affirm that the facts contained in the foregoing OTIPlaint to Confirm Oistody and Rfl.ocaticn are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 08/05/13 DATE COURTNEY I . ROSENBERRY i 1 � II i I j j i r i ._.._ _. ___ ._ .. _....._.. I LAw OFFICES OF HOWETT, KISSINGER & HOLST,P.C. 130 WALNUT STREET POST OFFICE BOX 810 HARRISBURG,PENNSYLVANIA 17108 JOHN C.HOWETT,JR. DONALD T.KISSINGER www.hkhlaw.net DARKEN J.HOLST ASHLEY P.MURPHY (717)234-2616 FAX(717)234-5402 DEBRA M.SHIMP Legal Assistant July 10, 2013 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Trevor E. Rosenberry 9002 Pineville Road Shippensburg, PA 17257 Re: Notice of Relocation Dear Mr. Rosenberry: As you know, our office represents your ex-spouse, Courtney L. Spahr. Ms. Spahr has primary physical custody of your four children, and pursuant to mutual arrangement you have periods of partial custody. Ms. Spahr has been afforded an excellent career advancement opportunity with her current employer. This opportunity also affords her the ability to become a part owner of the business. However, the opportunity requires Ms. Spahr to relocate to the Erie area of Pennsylvania. Pursuant to Section 5337 of Pennsylvania's custody statute, I enclose herewith Ms. Spahr's formal Notice of Relocation. The information required by the statute, insofar as it currently exists, is outlined within the enclosed Notice. Ms. Spahr cannot, however, finalize her relocation plans until she is able to sell her current residence in Newville. Further, and also required by Section 5337, 1 enclose herewith the Counter-Affidavit K Regarding Relocation you are entitled to sign, date and file with the Court of Common Pleas of Cumberland County. Please note that failing to sign and file the counter-affidavit within 30 days of service constitutes acceptance of the relocation request, and you will be foreclosed from thereafter raising any objection thereto. The custody statute requires that I serve this notice upon you directly even though you are presently represented by counsel. Nevertheless, I do copy your current counsel,Michael A. Scherer, Esquire, on this letter and also provide him copies of Ms. Spahr's Notice and counter- affidavit you are entitled to sign and file. Ms. Spahr believes you and she should be able to work out an appropriate revised custody schedule that not only accounts for geographic distance but maintains quality contact between you and the children. Mr. Trevor E. Rosenberry July 10, 2013 Page Two I look forward to hearing from Attorney Scherer on your behalf at his earliest convenience. Sincerely, n Darren J. Holst DJH/dj k Enclosures cc: Michael A. Scherer,Esquire (w/encls) Courtney L. Spahr(w/encls) s 4 ,i • 7 I t COMPLETE SENDER:ComPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete 1 & Signature Item 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse X O Agent so Attach tth s and to h tba k of the mailpiece, Addressee B. Received by(Printed Name or on the front if space permits. Q ate of elivery 1, Article Addressed to: D. Is delivery address different from Item f? ❑Yes j If YES,enter delivery address below: ❑No Mr. Trevor E. Rosenberry 9002 Pineville Road Shippensburg, PA 17257 3. Service Type �7 Certified Mall . O Egress Mail l D M Retum Recelpt Registered i%i' ` gar" .13 Insured Mali ❑C.O.D. , r $ 2 Article Number 4. Restricted Delivery?(Extra Fee) • � . ' q Yes_ (TiansferhomserNce�abei7 ?004 2$9p 0002 •8003 3662 PS Forrn 3811,February 2004 Domestic Retum Receipt =; ib2ssso2-nn=t5ao:` NOTICE REGARDING RELOCATION You are hereby notified that Courtney L. Spahr intends to relocate and is providing Notice pursuant to 23 Pa.C.S.A. § 5337. Information regarding the relocation, to the extent it is presently is known, is as follows: (i) The address of the intended new residence: Yet to be determined. Courtney intends to relocate to the Erie/Edinboro area of Pennsylvania,and is the process of locating a home to purchase. (ii) The mailing address, if not the same as the address of the intended new residence: to be determined: See (i) above. (iii) Names and ages of the individuals in the new residence, including individuals who intend to live in the new residence: (a) Courtney L. Spahr, age _ (b) Luke E. Rosenberry, age 14 (c) Jacob F. Rosenberry, age 12 (d) Abram R. Rosenberry, age 10 (e) Abigail M. Rosenberry, age 7 (iv) The home telephone number of the intended new residence,if available: Yet to be determined. Courtney intends to maintain the same cell phone number for a period of time following the relocation pending the establishment of a home telephone number and new cell phone number. (v) The name of the new school district: Not known at this time. However, Courtney is looking to acquire a residence in either the Fairview School District or the General McLane School District. (vi) The date of the proposed relocation: Around August 20, 2013. (vii) The reasons for the proposed relocation: The move to the Erie/Edinboro area of Pennsylvania is necessitated by Courtney's employment with Kingsley Blasco Insurance, Inc. Courtney's employer has offered her the ability to manage one of its offices and become a part owner, but this promotion requires Courtney to move to the office in Erie, Pennsylvania. (viii) Proposal for a revised custody schedule: Pursuant to the parties' current: custody agreement,the part ies share holidays on an alternating basis, and Trevor has physical custody of the children on alternating weekends; he also sees the children two nights a week from 5:30 p.m. until 8:00 p.m. A relocation to Erie will not dramatically impact custody. Courtney proposes the following: 1. The parties would continue to share major holidays on an alternating basis; 2. During the children's academic year(i.e., between September and May), Trevor would receive every long weekend occurring as a result of Monday holidays or school in-service days; 3. If Trevor does not receive at least two weekends each month during the academic year(i.e., between September and May) as a result of a long weekend or a holiday, he would have physical custody of the children for a regular weekend (i.e., from Friday evening until Sunday evening); and 4. The children's summer vacation would be allocated in the fashion to provide Trevor a majority of the summer time. (ix) Any other information in which the party opposing the relocation deems appropriate: None. (x) A counter-affidavit as provided by 23 Pa.C.S.A. § 5337(b)(1) is attached hereto. You are notified that if you do not file the attached counter-affidavit within thirty(30) days after receipt of the notice,you shall be foreclosed from objecting to the relocation. Date: J u(M Courtney L. Spahr ��`�� J -COURTNEY L. SPAHR f/k/a IN THE COURT OF COMMON PLEAS OF COUP.TNEY L. ROSENBERRY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2009-8084 CIVIL TERM TREVOR E. RosENBCo a UNT f d ) >NIDAVIT REGARDING RELOCATION This proposal of relocation involves the following children: Child's Name Age Current Residence Luke E. Rosenberry 14 430 Shed Road,Newvill,PA 17241 Jacob F. Rosenberry 12 430 Shed Road,Newvill, PA 17241 Abram R. Rosenberry 10 430 Shed Road,Newvill, PA 17241 Abigail M. Rosenberry 7 430 Shed Road,Newvill,PA 17241 I have received a notice of proposed relocation and 1. 1 do not object to the relocation and I do not object to the modification of the Custody Order consistent with the proposal for revised custody schedule that is attached to the Notice. 2. 1 do not object to the relocation, but I do object to modification of the Custody Order, and I request that a hearing be scheduled: a. _ prior to allowing the above-named children to relocate. b. after the children relocate. 3. ✓ I do object to the relocation and I do object to the modification of the Custody Order, and I further request that a hearing be held on both matters prior to the relocation taking place. I understand that in addition to checking two (2) are (3) above, I must also file this Notice with the Court in writing and serve it on the other party by certified mail,return receipt requested. If I fail to do so within 30 days of my receipt of the proposed relocation notice, I shall be foreclosed from objecting to the relocation. I verify that the statements made in this Counter-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 falsifications to authority). Date: Trevor E. Rosenberry w MW C^_ < T CERTIFICATE OF SERVICE I hereby certify that on July 19, 2013, I; Andrea M. Ramos, secretary at Baric Scherer LLC, did serve a copy of the Counter-Affidavit Regarding Relocation, via certified mail-return receipt requested, to the party listed below, as follows: Darren J. Holst, Esquire Howett, Kissinger & Holst, P.C. P.O. Box 810 Harrisburg, Pennsylvania 17108 Andreb W. Fkamos COURTNEY L. ROSENBERRY, n/k/a COURTNEY L. SPAHR, Plaintiff IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT V. 2009-8084 CIVIL TERM TREVOR E. ROSENBERRY, IN CUSTODY Defendant IN RE: COMPLAINT TO CONFIRM PRIMARY CUSTODY AND RELOCATION ORDER OF COURT AND NOW, this 13th day of August 2013, upon consideration of the Complaint to Confirm Primary Custody and Relocation, a STATUS CONFERENCE, in the above- captioned case is scheduled to be held on 19 August 2013, at 8:30 a.m., in the jury deliberation room of Courtroom Number Six, of the Cumberland County Courthouse, Carlisle, Pennsylvania. Counsel and the parties shall be present; the children shall not be present or in the courthouse. BY THE COURT, Thomas A. Placey, C.P.J. Distribution: ✓ 17 �Darren J. Holst, Esq. > we Michael A. Scherer, Esq. OL- X013 UGC { 4 PIN 2: 03 PENNSYL.V NN CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEA COURTNEY L. ROSENBERRY, n/k/a ) COURTNEY L. SPAHR, ) NO. 2009-8084 CIVIL TERM Plaintiff ) V. TREVOR E. ROSENBERRY, ) CIVIL ACTION- LAW Defendant ) CUSTODY ACCEPTANCE OF SERVICE I accept service of the Complaint to Confirm Primary Custody and Relocation and certify that I am authorized to accept service on behalf of Defendant, Trevor E. Rosenberry. Date: 2 ' 41 UWJ MichyeVA. Scherer, Esquire BARIC SCHERER LLC. 19 West South Street Carlisle, PA 17013 COURTNEY L. ROSENBERRY, $ n/k/a/ COURTNEY L. SPAHR Plaintiff IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT V. 2009-08084 CIVIL TAE TREVOR E. ROSENBERRY, IN CUSTODY f,w Defendant , C> C) IN RE: CUSTODY TRIAL SCHEDULING ORDER OF COURT AND NOW, this 201" day of August 2013, upon review of the Concilian Summary Report, a custody trial is scheduled for 4 November 2013 and 7 November 2013 at 9:30 a.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time testimony will be taken. Counsel shall attend a Pre-trial Conference scheduled for 11 October 2013 at 9:00 a.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. Counsel shall prepare and shall file with the court and serve upon the other party a pre-trial statement no later than 4 October 2013. The pre-trial statement shall include the following matters, together with any additional information required by special order of the court: a. The name and address of each expert whom the party intends to call at trial as a witness. A report of each expert witness listed shall be included with the pre-trial statement to opposing counsel but not the court. The report shall describe the witness's qualifications and experience and state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion; b. The name, address and a short summary of the testimony of each person, other than the party, whom the party intends to call at trial as a witness, a summary paragraph of the anticipated testimony of each witness and a statement by counsel that counsel has communicated with each witness whose anticipated testimony is summarized; c. The name and age of any child witness either party proposes to call as a witness; d. A list of proposed questions the court may ask, in camera, of any child witness; e. A list of all of the exhibits which the party expects to offer in evidence, each containing an identifying mark, together with an indication that the exhibit has been given to opposing counsel; f. A proposed final custody order; and g. The pre-trial statements, summaries, and the identified exhibit list may also be submitted electronically in PDF format via email to the opposing counsel and the court. 2. If a party fails to file a pre-trial statement as required by paragraph number 1, the court may make an appropriate order under Rule 4019(c) governing sanctions. a. Except for good cause shown, a party who fails to comply with the requirements of paragraph number 1 of this Order shall be barred from offering any testimony or introducing any evidence in support of or in opposition to claims for the matters not covered therein. 3. Except for good cause shown, a party shall be barred from offering any testimony or introducing any evidence that is inconsistent with or which goes beyond the fair scope of the information set forth in the pre-trial statement. 4. Unless otherwise ordered by the court, the parties may amend their pre-trial statements at any time, but not later than seven days before trial. 5. At the pre-trial or status conference, the following shall be considered: a. the order of testimony; b. the narrowing of the issues; c. the entry of a pretrial order, to include time limits; d. the special scheduling of any child witness either party intends to call at trial; 2 e. the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; f. the limitation of the number of expert witnesses; g. settlement and/or mediation of the case; and h. such other matters as may aid in the disposition of the case. 6. The court shall make an order reciting the action taken at the conference and the agreements made by the parties as to any of the matters considered, and limiting the issues for trial to those not disposed of by admissions or agreements of the attorneys. Such order shall control the subsequent course of the action unless modified at the trial to prevent manifest injustice. B kl€C U RT, Thomas A. Macey, C.P.J. Distribution: �arren J. Holst, Esq. ✓ Michael A. Scherer, Esq. e S aa�/3 3 COURTNEY L. ROSENBERRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSY (VAN4A V. NO. 2009-8084 CIVIL TERM TREVOR E. ROSENBERRY, CIVIL ACTION-LAW Defendant IN DIVORCE/CUSTODY r c...) PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM AND NOW, comes the Defendant, Trevor E. Rosenberry, by and through his attorneys, Baric Scherer LLC, and respectfully represents as follows: 1. The Petitioner is Trevor E. Rosenberry (hereinafter "Father"), an adult individual who is represented in this matter by Michael A. Scherer, Esquire. 2. The Respondent is Courtney L. Rosenberry (hereinafter "Mother"), an .adult individual who is represented in this matter by Darren J. Holst, Esquire. 3. The parties are the parents of four minor children: Luke E. Rosenberry, born May 10, 1999; Jacob F. Rosenberry, born January 30, 2001; Abram R. Rosenberry, born April 10, 2003 and Abigail M. Rosenberry, born December 29, 2005. 4. A. custody hearing is scheduled in this matter for Monday, November 4, 2013 before the Honorable Thomas A. Placey. 5. The issues in this case involve Mother's desire to relocate to Northwestern Pennsylvania. 6. Father believes that the appointment of a Guardian Ad Litem would be in the best interest of the children in this case and would assist in resolving the issues in the case. 7. The appointment of a Guardian Ad Litem would assist in avoiding undue stress on the children arising from these proceedings and may avoid the necessity of the children providing testimony in this case. 8. Mother opposes the appointment of a Guardian Ad Litem for the children. WHEREFORE, Father respectfully requests that this Honorable Court enter an Order appointing a Guardian Ad Litem for the children in this case, the cost of which to be shared equally by the parties. Respectfully submitted, BARIC SCHERER LLC Date: S 3 Mic ail A. Scherer, Esquire I.D. No. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 CERTIFICATE OF SERVICE I hereby certify that on September 26, 2013, I, Jennifer S. Lindsay, secretary at Baric Scherer LLC, did serve a copy of the Petition for Appointment of Guardian Ad Litem, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Darren J. Holst, Esquire Howett, Kissinger & Holst, P.C. P.O. Box 810 Harrisburg, Pennsylvania 17108 Je e i dsay r f�� ;<'L LU-J 'r ;ut_ OF THE "0 i0N0 A i' Darren J.Hoist,Esquire JUDGE PLACEY HOWETT,KISSINGER&HpaillanC. 4 M 10: 5 a 130 Walnut Street,P.O.Box 810 Harrisburg,PA 17108 CUMBERLAND C$4!NT Y Counsel for Plaintiff,Courtney L.1'' YrJ VAH n/k/a Courtney L. Spahr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY L. ROSENBERRY, ) n/k/a Courtney L. SPAHR, ) a 71 ) NO. 2009-8084 CIVIL TERMrn' • Plaintiff ) ""' cnr , :3 ) -<> rU c TREVOR E. ROSENBERRY, ) CIVIL ACTION - LAW Defendant ) CUSTODY --< PLAINTIFF'S RESPONSE TO DEFENDANT'S PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM AND NOW, comes Plaintiff, Courtney L. Rosenberry, n/k/a Courtney L. Spahr, by and through her counsel, Howett, Kissinger& Hoist, P.C., who hereby submits the following Response to Defendant's Petition for Appointment of Guardian ad litem and in support thereof states as follows: 1. Admitted. 2. Admitted. 3. Admitted. By way of further response, all four children are old enough and mature enough to understand the proceedings before the Court and to testify in chambers if the Court determines it to be appropriate. 4. Admitted. By way of further response, the first day of hearing is scheduled for Monday,November 4th;the second day of hearing is scheduled for Thursday,November 7' 5. Admitted. By way of further response, this case does not raise the issue of parental fitness or the issue of whether the children need any special educational or medical treatment. 6. Denied. Said paragraph constitutes Father's belief to which Mother is unable to verify the substance thereof. Therefore,to the extent a response is required, it is denied. Nevertheless, for the reasons set forth below, Mother contests that the best interests of the children would be served, and that this Court would be assisted,by the appointment of a Guardian ad litem (hereafter"GAL"). While the trial court is empowered to appoint a GAL under Section 5334 of the Custody Statute as well as Rule 1915.11-2 of the Pennsylvania Rules of Civil Procedure, such an appointment cannot be made unless the court finds the appointment is "necessary to assist the trial court in determining the best interest of the child." Pa.R.Civ.P. 1915.11-2(a). In determining whether the appointment is necessary, a court is guided by the powers and duties set forth within Section 5334(b) of the custody statute as well as existing case law. The appointment of a GAL is not intended to be routine and is reserved for extraordinary cases. As stated by the Superior Court: We note that a guardian ad litem is not normally appointed in custody cases involving natural parents. A guardian ad litem is a person appointed by the court to represent a minor child's interest in particular litigation before the court. The appointment of a guardian ad litem is generally reserved for those actions where the trial court deems it necessary because the child's interests may be adversely affected, e.g., adoptions. However, in custody cases involving natural parents, despite the bitterness of each party towards each other,both parties are focused on the best interests of the child. Moreover, in a custody case,the trial court is obligated to ascertain the child's best interests. Since both parties and the trial court are focused on the child's best interests, it appears that the appointment of 2 i a guardian ad litem would not be proper absent extraordinary circumstances, and we note that bitterness between the parties does not ordinarily rise to the level of extraordinary circumstances needed for an appointment of a guardian ad litem. C.W. v. K.A.W., 774 A.2d 745, 748 n.3 (Pa.Super. 2001) (internal citations omitted) (emphasis added). Section 5334 and Rule 1915.11-2 do not alter the foundation that a GAL is intended for extraordinary circumstances. There are no extraordinary circumstances that necessitate the appointment of a GAL in this case. In fact, there is not even bitterness between the parties as they have operated under a custody agreement the last four years. Foremost, a GAL is not a substitute for the trial court's obligation to ascertain the child's best interests,nor is a GAL a substitute for a custody evaluation, in which an evaluator opines as to the psychological best interests of a child. Herein,the children are old enough and mature enough to speak directly to the Court concerning their preferences. There are no unique schooling or medical issues to justify the appointment of a GAL to review medical, psychological or school records. See 23 Pa.C.S.A. §5334(b)(2) (2012). There are no issues concerning the safety of the children or the fitness of either parent. At its essence, this case involves a dispute between the biological parents as to what custodial arrangement presently facilitates the children's best interests. Not only is each party focused on the children's best interests, but this Honorable Court is as well. See, e.g., C.W. v. K.A.W., 774 A.2d 745 (Pa.Super. 2001). 7. Denied. Said paragraph constitutes a legal conclusion to which no response is required. Nevertheless,to the extent a response is necessary, it is denied. Mother denies the appointment of a GAL would assist in"avoiding undue stress on the children" as the appointment of a GAL does not eliminate the need for the children to testify in chambers before 3 the Court as to their preference. While a GAL can advise the court as to the wishes of a child, the court is nonetheless obligated to still interrogate the child in chambers as to his or her preference. By way of further response, Mother respectfully submits that the appointment of a GAL will simply delay trial. This matter is scheduled for hearing before the Court the first week of November(roughly thirty days away). If the Court appoints a GAL, Mother submits it will be impossible for the GAL to meet with the children, perform any other services the GAL may deem necessary, and provide a report to the Court before the scheduled trial. Counsel for the parties conducted a pretrial conference with this Honorable Court on August 19, 2013; Father files the instant request for appointment of GAL five weeks after that conference. Mother respectfully submits that Father's delay in requesting the appointment should bar him from the relief requested. The Court can ascertain the preferences of the children without the necessity of the appointment of a GAL. 8. Admitted. By way of further response, to the extent the Court deems it appropriate to appoint a GAL, Mother objects to Father's request that the cost of the appointment be shared between the parties. As stated above, Mother objects to the appointment of a GAL and submits it is unnecessary. If the Court grants Father's request, Father should be solely responsible for the cost of the appointment. 4 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an order denying Defendant's Petition for Appointment of Guardian ad litem. Respectfully submitted, Date: /4 Oa -/ 7/44.7a. , !� Darren J. Hoist, Esquire HOWETT, KISSINGER& HOLST, P.C. 130 Walnut Street P.O. Box 810 . Harrisburg, PA 17108 Telephone: (717)234-2616 Counsel for Plaintiff, Courtney L. Rosenberry, nikla Courtney L. Spahr 5 • • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY L. ROSENBERRY, ) N/K/A Courtney L. SPAHR, ) ) NO. 2009-8084 CIVIL TERM Plaintiff ) ) v. ) ) TREVOR E. ROSENBERRY, ) CIVIL ACTION - LAW Defendant ) CUSTODY CERTIFICATE OF SERVICE I, Darren J. Hoist, Esquire, counsel for Courtney L. Rosenberry, n/k/a, Plaintiff in the above-captioned action, hereby certify that a true and correct copy of the foregoing Plaintiff's Response to Defendant's Petition For Appointment of Guardian ad litem was served upon Michael A. Scherer, Esquire, counsel for Defendant, Trevor E. Rosenberry, by depositing same in the United States mail, first class, on October 1, 2013, addressed as follows: Michael A. Scherer, Esquire BARIC SCHERER LLC. 19 West South Street Carlisle, PA 17013 Date: /0//3 l ar ren J. Hoist, 7JZI ire HOWETT, KISSINGER& HOLST,P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Courtney L. Rosenberry, n/k/a Courtney L. Spahr COURTNEY L. ROSENBERRY, Plaintiff/Respondent otos "v`'°IIric ' ' ra IN THE COURT OF COMMON PLEAS V. OF THE NINTH JUDICIAL COURT 2009-8084 CIVIL TERM TREVOR E. ROSENBERRY, Defendant/Petitioner IN CUSTODY IN RE: PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM ORDER OF COURT AND NOW, this 3rd day of October 2013, upon consideration of Petitioner's Petition for Appointment of Guardian Ad Litem, Grace E. D'Alo, Esq. is appointed as legal counsel, not Guardian Ad Litem, for the parties four minor children. BY THE COURT, Thomas A. Placey C.P.J. Distribution: .. Michael A. Scherer, Esq. '� Darren J. Hoist, Esq. . ..Grace E. D'Alo, Esq. ° y� rn W q epees t tect, 1-2:' I 73/f 3 CZ1 -`4 C`') -G2' ICJ COURTNEY L. ROSENBERRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. • NO. 2009-8084 CIVIL TERM TREVOR E. ROSENBERRY, : CIVIL ACTION-LAW Defendant : IN DIVORCE/CUSTODY ORDER OF COURT AND NOW, this day of , 2013, , is appointed Guardian Ad Litem for the children, Luke E. Rosenberry, born May 10, 1999; Jacob F. Rosenberry, born January 30, 2001; Abram R. Rosenberry, born April 10, 2003 and Abigail M. Rosenberry, born December 29, 2005. Counsel shall cooperate with the Guardian Ad Litem to make the children available for an interview with the Guardian Ad Litem. This Order shall be sufficient authority for any medical provider and for the Big Spring School District to release all information in their possession regarding the children to the Guardian Ad Litem. BY THE COURT, Thomas A. Placey, J. Michael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania 17013 Darren J. Hoist, Esquire Howett, Kissinger & Hoist, P.C. P.O. Box 810 Harrisburg, Pennsylvania 17108 1J COURTNEY L. ROSENBERRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2009-8084 CIVIL TERM r` y, - %:' :.;. TREVOR E. ROSENBERRY, : CIVIL ACTION-LAW -< ' cn � Defendant : IN DIVORCE/CUSTODY =C) PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM AND NOW, comes the Defendant, Trevor E. Rosenberry, by and through his attorneys, Baric Scherer LLC, and respectfully represents as follows: 1. The Petitioner is Trevor E. Rosenberry (hereinafter "Father"), an adult individual who is represented in this matter by Michael A. Scherer, Esquire. 2. The Respondent is Courtney L. Rosenberry (hereinafter "Mother"), an adult individual who is represented in this matter by Darren J. Hoist, Esquire. 3. The parties are the parents of four minor children: Luke E. Rosenberry, born May 10, 1999; Jacob F. Rosenberry, born January 30, 2001; Abram R. Rosenberry, born April 10, 2003 and Abigail M. Rosenberry, born December 29, 2005. 4. A. custody hearing is scheduled in this matter for Monday, November 4, 2013 before the Honorable Thomas A. Placey. 5. The issues in this case involve Mother's desire to relocate to Northwestern Pennsylvania. 6. Father believes that the appointment of a Guardian Ad Litem would be in the best interest of the children in this case and would assist in resolving the issues in the case. 7. The appointment of a Guardian Ad Litem would assist in avoiding undue stress on the children arising from these proceedings and may avoid the necessity of the children providing testimony in this case. 8. Mother opposes the appointment of a Guardian Ad Litem for the children. WHEREFORE, Father respectfully requests that this Honorable Court enter an Order appointing a Guardian Ad Litem for the children in this case, the cost of which to be shared equally by the parties. Respectfully submitted, BARIC SCHERER LLC 04.)Date: q 2 C." 15 Mic a I A. Scherer, Esquire I.D. No. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 a CERTIFICATE OF SERVICE I hereby certify that on September 26, 2013, I, Jennifer S. Lindsay, secretary at Baric Scherer LLC, did serve a copy of the Petition for Appointment of Guardian Ad Litem, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Darren J. Hoist, Esquire Howett, Kissinger & Hoist, P.C. P.O. Box 810 Harrisburg, Pennsylvania 17108 A - , , eq Je t e ). i dsay g 1 1 COURTNEY L. ROSENBERRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA THE NINTH JUDICIAL DISTRICT v 2009-8084 CIVIL TERM TREVOR E . ROSENBERRY, CIVIL ACTION - LAW "' =- Defendant -7 c IN RE : PRETRIAL CONFERENCE ORDER OF COURT AND NOW, this 11th day of October, 2013 , a pretrial conference was held in the jury deliberation room of Courtroom Number 6 of the Cumberland County Courthouse . Present on behalf of Plaintiff was Darren J. Hoist, Esquire, present on behalf of Defendant, Michael A. Scherer, Esquire, and present on behalf of the four children was court-appointed counsel Grace E. D 'Alo, Esquire . This custody action between Mother and Father involves Mother' s proposed relocation to the Erie, Pennsylvania, area. As this is Mother' s request, she shall proceed first with testimony followed by Father and then any of Mother ' s expected witnesses followed by Father' s expected witnesses . The Court notes that Court-Appointed counsel has not had the opportunity to submit a witness list and will be given an opportunity to do so in this order; however, those witnesses would fall after Father' s expected witnesses, and if they are the children, they would be specifically time slotted to minimize their time spent at the courthouse, if at all . The children shall not be brought to the courthouse for these proceedings absent further permission from the Court . The total time allotted to each party for examination and cross examination of all witnesses is 2 hours each, for a total of 6 hours . How they choose to use it is left . to them, but additional time will not be given absent extraordinary circumstances . Each counsel is given until 29 October 2013 to supplement their pretrial memorandum with any additional exhibits being shared with each other in advance of being presented to the Court and any additional witnesses beyond Roger Anderson. The parties are directed, if available prior to the scheduled trial date, to participate in mediation. The two proposed mediators, Attorney Sunday or Attorney Greevy, are broth well-known and acceptable by this Court . The trial shall commence on 4 November 2013 , at 9 : 30 a.m. through noon that day, and continue on 7 November 2013 , at 9 : 30 a.m. through noon, if necessary. This order shall control the subsequent course of action unless modified at trial to prevent manifest injustice . By the Court 1 Thomas A. Placey C. P.J. Darren J. Holst, Esquire 130 Walnut Street P.O. box 810 Harrisburg, PA 17101-1612 Michael Scherer, Esquire 19 West South Street Carlisle, PA 17013 race D 'Alo, Esquire 530 Greason Road Carlisle, PA 17015 :mae co 1 !Lt., 1O iG./l3 Jill ov of ittett , Ii IN COURTNEY L. ROSENBERRY, � • n/k/a/ COURTNEY L. SPAHR Plaintiff IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT v. 2009-08084 CIVIL TERM TREVOR E. ROSENBERRY, IN CUSTODY Defendant IN RE: CUSTODY TRIAL CONTINUATION ORDER OF COURT AND NOW, this 4th day of November t 2013, upon review of the electronic request from counsel, and with all parties in agreement, the Custody Trial scheduled for 4 November 2013 and 7 November 2013 at 9:30 a.m. has been rescheduled to 10 February 2014 at 9:00 a.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT Thomas A. ' lacey, C.P.J. D'stribution: w -11 VDarren J. Hoist, Esq. mow ob rri it /Michael A. Scherer, Esq. -C> ace E. D'Alo, Esq. 1/4 J ,� rl - , AUTHORITY TO PAY COURT APPOINTED COUNSEL `r DEC 212013 1.COURT 2.VOUCHER ❑ District Justice ZC-ommon Pleas ❑ Appellate ❑ Other No 14077 3.FOR(D.J.,C.P.,APPELLATE) 4.AT(CITY/STATE) 5.BUDGET CODE _ / a-/SZ.W,- Goya) 6.IN THE CASE OF 7.CHARGE/OFFENSE(PURDON CITATION) 8. ❑ PETTY OFFENSE Rc n JQ Y 1 vs g �V1/vt ❑ FELONY❑MISDEMEANOR 9.PROCEEDINGS(Des ribs briefly) j 11.PERSON REPRESENTED 12.CIVIL DOCKET NO. (1 n �^�/ i+ �� J1/G�S I ❑ Defendant-A Juvenile q - o3 63 ii y--1 �J.�wt rl� J � m 2 ❑ Defendant-Juvenile 1-1)14e-, �C�Gv{p, . 1 3 ❑ Appellant 13.CRIMINAL DOCKET NO ` , � 4 ❑ Appellee P- 04,1 5 ❑ Habeas Petitioner V 6 ❑ Material Witness 10. PERSON REPRESENTED(Full Name) (�C�Jf'lc)cs 8 ❑ Parolee Charged Charged With �,o 't 8 ❑ Probationer Charged with Violation 14.APPEALS DOCKET NO. Appt Date � C -3 J 1. 16.NAME OF ATTORNEY/PAYEE AND MAILING ADDRESS G reLc_e-E- Al o - • P 5-3 o i_r-eca-scDr) Rx) • NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE Cca-1-.LSlt3 PA (70'5 17.TELEPHONE No. 18. SOCIAL SECURITY N OR EIN NO . 1 1-7 440 2-7607 _ v9:124. ..- "'-) CLAIM FOR SERVICES OR EXPENSES 3: .-- 1 19. SERVICE HOU . DATES `ieUt 6 CLAIMED • a. Arraignment and/or Plea _ Muir'•i ,`te pt 'ttour f1 iE1total b. Preliminary Hearing hour 4-btaint"In C �q�om- \ pen�o .,Ente,tal _od c. Motions and Requests � Z I-- d. Bail Hearings ,7 © v Q e. Sentence Hearings 'Q N C3 f ---1 0 f. Trial `_ y`x r. g. Revocation Hearings JV� ... h. Juvenile Hearings i. Appeals Cowl 19A.TOTAL IN COURT COMP. I. Other(Specify on additional sheets) (491 TOTAL HOURS= -/ X$55 PER HOUR =$ 31 3`SD 20. a. Interviews and conferences Multiply rate per hour times total hours. Enter total"Out of Court" LL b. Obtaining and reviewing records compensation below. O~¢ c. Legal research and brief writing i- �0 d.Investigative and other work(Specify on additional sheets) 20A TOTAL OUT OF COURT COMP. TOTAL HOURS= I LJ . zl) X$45 PER HOUR $ 6,4( . Z _� 21. ITEMIZATION OF REIMBURSABLE EXPENSES AMT.PER ITEM Mileage$ per mile x E Please contact Court Administrator for current mileage rate I 21A TOTAL ITEMIZED EXP. O .5 ,. 22.CERTIFICATION OF ATTORNEY/PAYEE 23. GRAND TOTAL CLAIMED Has compensation and/or reimbursement for work in this case previously been applied for? ❑ YES 940 =$Cj -;24 •7 If yes,were you paid? ❑ YES @110 If yes,by whom were you paid? How much? 24.DEDUCT.PRIOR PYMTS. Has the person represented paid any money to you,or to your knowledge anyone else,In connection with the matter for _$ which you were appointed to provide repres •r Lion? ❑ YES /16 t If a ive details on eV'i•na sets I swear or affirm the truth or correctness . . .' • - ✓� _ 25:NET A UNT CLAIMED of the above statements 4 Signature of Attom - Date =$ Ciitz94. 75 1 26.„,•p„..,„AYME 27.AMT.APPROVED run Signature of N, r�/r. =$ 6/sq. 15 nAVMENf Judge ►Data: ?j y1� / , Copy 1 -Mail to Court Administrator at completion of service Appointed October 3, 2013 Thomas A. Placey October 9, 2013 Conference .75 Review of documents 1.5 Call atty. .5 Call to parent .5 Call to parent 1.2 October 10, 2013 Review of documents 2.0 .5 E-mails to counsel 1.5 October 11, 2013 Pretrial and follow up 2.2 October 17 Met with clients 2 October 18-21 E-mails mediator 1.2 October 22, 2013 Conference mediator 1.0 October 29, 2013 Mediation 3.5 v October 30-Nov 1 E-mails and calls re continuance 1.1 November 15, 2013 E-mails re 2nd mediation .2 December 9, 2013 E-mails on 2nd mediation .4 Billing as of December 27, 2013 Total in court 5.7 (including mediation) $313.50 Total out of court 14.25 x 45 $641.25 TOTAL $954.75 Invoice #14077 r ? ►. AUTHORITY TO PAY COURT APPOINTED COUNSEL Qr DEC 2 7 2. 13 / 1.COURT 2.VOUCHER ❑ District Justice /,00mmon Pleas ❑ Appellate ❑ Other N 0" 14077 3.FOR(D.J.,C.P.,APPELLATE) 4.AT(CITY/STATE) 5.BUDGET CODE /b _ 6 6.IN THE CASE OF 7.CHARGE/OFFENSE(PURDON CITATION) a. ❑ PETTY OFFENSE vs ❑ FELONY O MISDEMEANOR 9.PROCEEDINGS(Des ribe briefly) 11.PERSON REPRESENTED 12.CIVIL DOCKET NO. `�,� ` occ4t)�- n Gl�s 1 ❑ Defendant-Adult 40 ` Vr-t ��f rl� !!!! 2 ❑ Defendant-Juvenile 0 r� �GGob, 74)J�fn �„ 3 ❑ Appellant 13.CRIMINAL DOCKET NO. 1 a ❑ Ha Appellee 5 ❑ Habeas Petitioner _ 6 ❑ Material Witness 7 O Parolee Charged With Violation 10. PERSON REPRESENTED(Full Name) M�rlv�'S a ❑ Probationer Charged With Violation 14.Af)P: "ALS:R1CKE_1I NO. 17 Appt Date 3 J _0 16.NAME OF ATTORNEY/PAYEE AND �� —" C:)r 3 LI'J MAILING ADDRESS CD PA NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE �GQ-rAl -< w 17.TELEPHOIN'E No. 18: SOCIAL SECURITY N _oRE IN NO ` 0 Z-760 I l CLAIM FOR SERVICES OR EXPENSES �7 19. SERVICE HOU'A6 DATES U CLii b a. Arraignment and/or Plea Mul to paY"hour TAiflotal b. Preliminary Hearing hour btaini"in Cee 't`com- pen*9 Ent rA&taf c. Motions and Requests 2 d. Bail Hearings �© p a. Sentence Hearings Zd 25 C-) O ZI. Trial �" r g. Revocation Hearings h. Juvenile Hearings i. Appeals Court 19A.TOTAL IN COURT COMP. j. Other(Specify on additional sheets) ` TOTAL HOURS= •� X$55 PER HOUR 20. a. Interviews and conferences Multiply rate per hour times total b. Obtaining and reviewing records hours. Enter total"Out of Court" LL I.- compensation below. O¢ c. Legal research and brief writing i— :) :3 O d.Investigative and other work(Specify on additional sheets) 20A. TOTAL OUT OF COURT OU COMP. TOTAL HOURS= l(�_ zt� X$45 PER HOUR =$ Imo ( z 21. ITEMIZATION OF REIMBURSABLE EXPENSES AMT.PER ITEM Mileage$ per mile x w Please contact Court Administrator for current mileage rate 21 A. TOTAL ITEMIZED EXP. O a$ \ 22.CERTIFICATION OF ATTORNEY/PAYEE 23. GRAND TOTAL CLAIMED Has compensation and/or reimbursement for work In this case previously been applied fort ❑ YES 940 =$ (�If yes,yes,were you paid? ❑ YES ,Ja'NO If yes,by whom were you paid? How much? 24.DEDUCT. PRIOR PYMTS. Has the person represented paid any money to you,or to your knowledge anyone else,in connection with the matter for $ which you were appointed to provide repress tion? ❑ YES 14 If a ive details on aodi ional sets = I swear or affirm the truth or correctness ,J 25.-NET A UNT CLAIMED of the above statements Signature of Attom Date s$ HC 26APPR6VEO 27.AMT.APPROVED MENI cur, Signature of . Dale: _$ r Judge AV Copy 1 -Mail to Court Administrator at completion of service Appointed October 3, 2013 Thomas A. Placey October 9, 2013 Conference .75 Review of documents 1.5 Call atty. .5 Call to parent .5 Call to parent 1.2 October 10, 2013 Review of documents 2.0 .5 E-mails to counsel 1.5 October 11, 2013 Pretrial and follow up 2.2 V October 17 Met with clients 2 October 18-21 E-mails mediator 1.2 October 22, 2013 Conference mediator 1.0 October 29, 2013 Mediation 3.5 October 30-Nov 1 E-mails and calls re continuance 1.1 November 15, 2013 E-mails re 2nd mediation .2 December 9, 2013 E-mails on 2nd mediation .4 Billing as of December 27, 2013 Total in court 5.7 (including mediation) $313.50 Total out of court 14.25 x 45 $641.25 TOTAL $954.75 Invoice #14077 CopjvUfi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY L. ROSENBERY, n/k/a ) COURTNEY L. SPAHR, ) NO. 2009-08084 CIVIL TERM Plaintiff ) ) v. ) ) TREVOR E. ROSENBERRY, ) CIVIL ACTION - LAW Defendant ) IN CUSTODY PRAECIPE TO WITHDRAW COMPLAINT FOR CUSTODY RELOCATION TO THE OFFICE OF PROTHONOTARY: Kindly withdraw the complaint for custody relocation filed by Plaintiff on August 6, 2013. In accordance with Rule 1915.3-1 of the Pennsylvania Rules of Civil Procedure, and as evidenced by the written agreement of all counsel, Exhibit "A" attached hereto, the withdrawal has been agreed to by all counsel of record. Respectfully submitted, --c6 rpi , -47! r.w wj! _ Date: / �` Darren J. H st, Esquire HOWETT, KISSINGER&HOLST, P.C. :74 130 Walnut Street/P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Courtney L. Rosenberry, n/k/a Courtney L. Spahr Page 1 of 1 Darren J. Hoist From: "Michael Scherer" <mscherer @baricscherer.com> To: "Darren J. Hoist" <dholst @hkhlaw.net>; <mhall @ccpa.net> Cc: "Grace D'Alo" <grace.dalo @gmail.com> Sent: Monday, January 27, 2014 4:18 PM Subject: RE: Rosenberry -2009-8084 Civil Term Darren- Trevor agrees to Courtney's request to withdraw. Mike S4nt fn?ai ire t-erizo;:W'irei.as,4G CIF.,mart}.6onc Original message From: "Darren J. Hoist" Date:01/27/2014 12:31 PM (GMT-06:00) To: mhall @ccpa.net Cc: Mike Scherer ,Grace D'Alo Subject: Rosenberry - 2009-8084 Civil Term Marie: Judge Placey is scheduled to preside over a custody relocation trial in the above referenced matter on Monday, February 10th; I represent the moving party, Courtney Sphar; Attorney Scherer represents the defendant, Trevor Rosenberry; Attorney D'Alo is the appointed GAL. Ms. Sphar is prepared to withdraw her relocation request and discontinue the proceeding scheduled for February 10th. Under Rule 1915.3-1, a pleading cannot be withdrawn except upon leave of court or by agreement of all parties. By copy to Attorneys Scherer and D'Alo, please advise if your clients will agree to the withdrawal and the continuation of the existing order. Otherwise I will file a motion seeking leave to withdraw. Thanks. Darren Hoist ***IMPORTANT NOTICE*** This message is intended for the use of the individual or entity to whom it is addressed and may contain confidential information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by reply or by telephone at 717.234-2616 and immediately delete this message and all of its attachments, if any. 1/27/2014 Page 1 of 1 = Darren J. Hoist From: "Grace D'Alo" <grace.dalo @gmail.com> To: "Darren J. Hoist" <dholst @hkhlaw.net> Cc: "Hall, Marie" <mhall @ccpa.net>; "Mike Scherer" <mscherer @baricscherer.com> Sent: Monday, January 27, 2014 1:59 PM Subject: Re: Rosenberry -2009-8084 Civil Term Dear Marie, Darren, and Mike: I concur with the withdrawal of the relocation request and do not see any need for Darren to withdraw his appearance. Grace On Mon, Jan 27, 2014 at 1:31 PM, Darren J. Hoist<dholst,@ hkhlaw.net> wrote: Marie: Judge Placey is scheduled to preside over a custody relocation trial in the above referenced matter on Monday, February 10th; I represent the moving party, Courtney Sphar; Attorney Scherer represents the defendant, Trevor Rosenberry; Attorney D'Alo is the appointed GAL. Ms. Sphar is prepared to withdraw her relocation request and discontinue the proceeding scheduled for February 10th. Under Rule 1915.3-1, a pleading cannot be withdrawn except upon leave of court or by agreement of all parties. By copy to Attorneys Scherer and D'Alo, please advise if your clients will agree to the withdrawal and the continuation of the existing order. Otherwise I will file a motion seeking leave to withdraw. Thanks. Darren Hoist ***IMPORTANT NOTICE*** This message is intended for the use of the individual or entity to whom it is addressed and may contain confidential information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by reply or by telephone at 717.234-2616 and immediately delete this message and all of its attachments, if any. 1/27/2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COURTNEY L. ROSENBERY, n/k/a ) COURTNEY L. SPAHR, ) NO. 2009-08084 CIVIL TERM Plaintiff ) ) v. ) ) TREVOR E. ROSENBERRY, ) CIVIL ACTION - LAW Defendant ) IN CUSTODY CERTIFICATE OF SERVICE I, Darren J. Hoist, Esquire, counsel for Courtney L. Rosenberry, n/k/a Courtney L. Spahr, Plaintiff in the above-captioned action, hereby certify that a true and correct copy of the foregoing Praecipe to Withdraw Complaint for Custody Relocation was served upon Grace D'Alo, Esquire, and Michael A. Scherer, Esquire, counsel for Trevor E. Rosenberry, Defendant, by depositing same in the United States mail, first class, on January 28, 2014, addressed as follows: Michael A. Scherer, Esquire BARIC SCHERER LLC. 19 West South Street Carlisle, PA 17013 Grace D'Alo, Esquire 530 Greason Road Carlisle, PA 17015-9477 Date: /41X/! ) �7�44 k— Darren J. Hol , Esquire HOWETT, KISSINGER &HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Courtney L. Rosenberry, n/k/a Courtney L. Spahr AUTHORITY TO PAY COURT APPOINTED COUNSEL C JUN 04 2014 1. COURT 0 District Justice .Common Pleas 0 Appellate 0 Other 2. VOUCHER N° 15 2 2 6 3. FOR (D.J., C.P., APPELLATE) 4. AT (CITY/STATE) 5. BUDGET CODE Ire - /52xd'4/oaya2 6. IN THE CASE OF (Z.L r� cit.nA R.o _N -N` n nq V 7. CHARGE/OFFENSE (PURDON CITATION) 8. 0 PETTY OFFENSE 0 FELONY 0 MISDEMEANOR 9. PROCEEDINGS (Descri a briefly) g- CA- 11. PERSON REPRESENTED I 0 Defendant - Adult 2 Defendant -Juvenile 3 0 Appellant 4 0 Appellee 5 0 Habeas Petitioner 6 0 Material Witness 7 0 Parolee Charged With Violation 8 0 ProbationerCh1asrg_ed,Witth Violation ,„9-0 OtherC�� 1a,y\a_ l 12. CIVIL DOCKET NO. 2-1)101* D D 84 0 C CDC Ce r� I� ) ut a e J c cob, •C� (Y` Iv 1,01<e.1 2, / OC....a.tl `� 13. CRIMINAL DOCKET NO. C) r'- --. ' 10. PERSON REPRESENTED (ull Na�mQ�)y��. 1 ,l n(.. 0..7 \\3 E' ChL.7 �V a 14. AP ALS CKE..T NO. 1 [..," T- Appt Date C ',� Z(7�� 16. NAME OF ATTORNEY/PAYEE AND �2> — c+7 I MAILING ADDRESS f"–^ —ir: V act ce- • L.1�Ii-to DC'S 'T I �'3c� C�`�- ocZ 2 . e �: c,,-: i CO.'S 115 P� t 7 k -- t _. w . Thc�n�S !� • C��C�.c� C • P. �. NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE _ 17. TELEPHONE No. 1 ki L1/440 Z -t (D 18. SOCIAL SECURITY NO OR E N NO t°Cr - 42-4o33 CLAIM FOR SERVICES OR EXPENSES IN COURT SERVICE HOURS DATES AMOUNTS CLAIMED a. Arraignment and/or Plea Multiply rate per hour times total hours to obtain "In Court" com- pensation. Enter total below. b. Preliminary Hearing c. Motions and Requests d. Bail Hearings e. Sentence Hearings f.Trial g. Revocation Hearings p �/ h. Juvenile Hearings i. Appeals Court 19k TOTAL IN COURT COMP. = $ s-.� - `3a j. Other (Specify on additional sheets) TOTAL HOURS = ) X $55 PER HOUR OUT OF p COURT a. Interviews and conferences Multiply rate per hour times total hours. Enter total "Out of Court" compensation below. b. Obtaining and reviewing records c. Legal research and brief writing d. Investigative and other work (Specify on additional sheets) 20k TOTAL OUT OF COURT COMP. = $ g5- 5-6 TOTAL HOURS = I • q X $45 PER HOUR N OTHER ITEMIZATION OF REIMBURSABLE EXPENSES AMT. PER ITEM Mileage $ per mile x Please contact Court Administrator for current mileage rate 21k TOTAL ITEMIZED EXP. 22. CERTIFICATION OF ATTORNEY/PAYEE / Has compensation and/or reimbursement for work in this case previousxxbeen applle� for?7❑ YES 0 NO If yes, were you paid? 0 YES 0 NO If yes, by whom were you paid?WCY1\(i. 0. How much?\(iJ t4017 23. GRAND TOTAL CLAIMED = $ g'(s ,5-0 l/ 24. DEDUCT. PRIOR PYMTS. 3 $ Has the person represented paid anymoneyto ou, or toyour know) y dge anyone else, In connection with the matter for which you were appointed to provide representation 0 YES YJ NO If yes. give details on additionalnsheets I swear or affirm the truth or correctness �(L LI %.- %( -) 9 MAI �/ LUt+ 25: NET AMO NT CLAIMED =$ 4'T . of the above statements ( {Slgnature of Attorney/Payee Date Fun 26.Arwnuvtu�` r'AYMENf Signature of Judge � Date: /� {// 27. _ $ AMT. APP OVED - S Copy 1 - Mail to Court Administrator at completion of service Appointed October 3, 2013 Thomas A. Placey October 9, 2013 October 10, 2013 October 11, 2013 October 17 October 18-21 October 22, 2013 October 29, 2013 October 30 -Nov 1 November 15, 2013 December 9, 2013 Discussion with Scherer Review of documents Call to Darren Holst Call to Trevor Rosenberry Call to Courtney Rosenberry Review of documents Trip to courthouse E-mails to counsel Pretrial and follow up Met with clients E-mails to Dawn Sunday Dawn Sunday conversation Mediation yesterday E-mails and calls re continuance E-mails re 2nd mediation E-mails on 2nd mediation .75 1.5 .5 .5 1.2 2.0 .5 1.5 2.2 2 1.2 1.0 3.5 1.1 .2 .4 Billing as of December 27, 2013 Total in court Total out of court TOTAL Invoice #14077 5.7 (including mediation) $313.50 14.25 x 45 $641.25 $954.75 December 27, 2013 E-mail court to clarify dates .2 January 3-24, 2014 E-mails regarding mediation .4 January 25, 2014 e-mails to Dawn Sunday .3 January 27, 2014 Withdrawal of Petition emails 1.0 Billing between December 17, 2013 and June 3, 2014 Invoice # 15226 Total Due`1rs5•5�