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HomeMy WebLinkAbout10-3349 RODNEY L. LClfl~1'Cjr" ~ ~ ~ ~~~ ~~' ~ ~ : IN THE COURT OF COMMON PLEAS OF Plaintiff CU~J~, .;: , ;, ,.,,/„a~-~ :CUMBERLAND COUNTY, PENNSYLVANIA ,~~~ lE,,;y~~~%~;ol~~, :CIVIL ACTION -LAW v. ~ 331/y NO. 10- CIVIL TERM MICHELLE R. LONG, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE, CARLISLE. PENNSYLVANIA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 ~ ~~ Wayne .Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone : 717 -243 -0220 Attorney for Plaintiff ~ • Sa Cwt y~/~ ~~~ ~~a ' RODNEY L. LONG, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO. 10- CIVIL TERM MICHELLE R. LONG, Defendant : IN DIVORCE COMPLAINT COUNT I DIVORCE 1. Plaintiff in this Action in Divorce is RODNEY L. LONG, an adult individual who resides at 75 East Main Street, Plainfield, Cumberland County, Pennsylvania 17081. 2. Defendant is MICHELLE R. LONG, an adult individual and citizen of the United States of America who resides at 3966 Enola Road, Newville, Cumberland County, Pennsylvania 17241. 3. Defendant has been a bona fide resident of Cumberland County, Pennsylvania, for more than six months previously to the filing of this Complaint and continuing to the commencement of this Action in Divorce. 4. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Plaintiff and Defendant were lawfully joined in marriage on July 20, 1990, in Washington County, Maryland. 5. The parties have been living separate and apart since October 2, 2009. 6. Plaintiff avers as the grounds on which this action is based that the marriage of the parties is irretrievably broken. In the alternative, Plaintiff avers as the grounds on which this action is based that Defendant has committed willful and malicious desertion, absence from the habitation of the injured and innocent spouse, without reasonable cause, since October 2, 2009. 7. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. 8. This Action in Divorce is not collusive. 9. Both parties to this Action in Divorce are legally capable of managing their own concerns. 10. Defendant herein is not a member of the armed forces of the United States of WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 America. -2- 11. There were two children born to the parties, both of whom are independent adults. 12. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff demands judgment dissolving the marriage between the parties. COUNT II EQUITABLE DISTRIBUTION 13. The averments of Paragraphs 1 through 12 inclusive above are incorporated herein by reference as though fully set forth. 14. Plaintiff and Defendant possess various items of marital property which are subject to equitable distribution by the Court. WHEREFORE, Plaintiff demands judgment equitably distributing all marital WAYNE F. SHADE Attorney a[ Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 property owned by the parties and such further relief as the Court may deem equitable and just. ~s-~rc~ Wayn ~ .Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243 -0220 Attorney for Plaintiff -3- I verify that the statements made in this pleading 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: May 15, 200 Rodney L. ong WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ~. , RODNEY L. LONG, Plaintiff v. MICHELLE R. LONG, Defendant TO: Rodney L. Long c/o Wayne Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 ~u.. .._ _. - , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-3349 CIVIL TERM IN DIVORCE NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer to Complaint in Divorce and Counterclaim within twenty (20) days from service hereof, or a default judgment may be entered against you. Hannah Herman-Snyder, Esq-u~re Attorney for Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 A~' ~~~~~ $G ~ C~~ ~aa~ ~~~ o7i/57~~ RODNEY L. LONG, Plaintiff v. MICHELLE R. LONG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-3349 CIVIL TERM IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE AND COUNTERCLAIM AND NOW comes Michelle R. Long, Defendant, by and through her attorney, Hannah Herman-Snyder, Esquire and the law firm of Griffie and Associates and avers as follows: COUNTI DIVORCE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted 5. Admitted. 6. Admitted in part. Denied in part. It is admitted that Plaintiff avers that grounds on which this action is based is that the marriage of the parties is irretrievably broken. It is admitted that in the alternative Plaintiff avers the grounds on which this action is based is that Defendant has committed willful and malicious desertion, absence from the habitation of the injured and innocent spouse, without reasonable cause since October 2, 2009. It is denied that Defendant has committed willful and malicious desertion, absence from the habitation of the injured and innocent spouse, without reasonable cause since October 2, 2009. It is averred that Defendant had cause to leave Plaintiff and the marital residence. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. WHEREFORE, Defendant demands judgment dissolving the marriage between the parties based on the grounds that the marriage of the parties is irretrievably broken COUNT II EQUITABLE DISTRIBUTION 13. Admitted. Furthermore, the answers to the averments of Paragraphs 1 through 12 inclusive above are incorporated herein by reference as though fully set forth. 14. Admitted. WHEREFORE, Defendant demands judgment equitably distributing all marital property owned by the parties and such further relief as the Court may deem equitable and just. COUNTERCLAIM SUPPORT, ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS 15. Paragraphs 1 through 14 inclusive above are incorporated herein by reference as though fully set forth. 16. Defendant is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 17. Defendant is without sufficient property and otherwise unable to financially support herself through appropriate employment. 18. Plaintiff is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses, and costs, as well as alimony, and alimony pendente lite for the Defendant. WHEREFORE, Defendant requests your Honorable Court to enter an Order requiring Plaintiff to pay for Defendant's counsel fees, expenses, and costs as well as providing for payment of appropriate alimony and alimony pendente lite to Defendant. Respectfully Submitted, Hannah Herman-Snyder, Esqui e~~ Attorney for Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE:, ~ ~~iQ~Q MIC LLE R. LONG, en RODNEY L. LONG, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW MICHELLE R. LONG, NO. 2010-3349 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the ~ day of July, 2010, cause a copy of Defendant's Answer to Complaint in Divorce and Counterclaim to be served upon Plaintiff by serving his attorney of record, Wayne F. Shade, Esquire, by first-class mail, postage prepaid at the following address: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 DATE: '~ - ~, 5 - l O ~A L1~~IF~ ~l~~J~oliirN~ A Hannah Herman-Snyder, Esquire Attorney for Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 A t' U; I RODNEY L. LOP AUG '9 Pfd 2: IN THE COURT OF COMMON PLEAS OF Plaintiff rUMBERLAhD Co' ? `? CUMBERLAND COUNTY, PENNSYLVANIA I'ENNSYL.,VAtq; CIVIL ACTION - LAW V. : NO. 10-3349 CIVIL TERM MICHELLE R. LONG, Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff moves the Court to appoint a Master with respect to the following claims: ® Divorce ? Annulment ? Alimony ? Alimony Pendente Lite and in support of the motion states: ® Distribution of Property ? Support ? Counsel fees ? Costs and Expenses 1. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. Defendant has appeared in this action personally by her attorney, Hannah Herman-Snyder, Esquire. 3. The statutory grounds for divorce are willful and malicious desertion and irretrievable breakdown. 4. Miscellaneous: The action is contested with respect to the claims for property distribution. 5. The action does not involve complex issues of law or fact. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 6. The hearing is expected to take six (6) hours. Date: August 9, 2011 el y /A Wayne F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff ORDER APPOINTING MASTER. AND NOW, August /.5? , 2011, E. Robert Elicker, II Esquire, is appointed Master with respect to the foregoing claims. By the Court, J. 3 ... "-? r y Cn , eo •-n Zt3 WAYNE F. SHAD] Attorney at Law 53 West Pomfret Stret Carlisle, Permsylvank 17013 RODNEY L. LONG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 10-3349 CIVIL MICHELLE R. LONG, Defendant IN DIVORCE ORDER OF COURT AND NOW, this « day of July, 2012, the economic claims raised in the proceedings having been resolved in accordance with a property and separation agreement dated June 20, 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. BY THE COURT, _ q ht, Kevi . Hess, P. J. ? Wayne F. Shade, Esquire Attorney for Plaintiff c' y Hannah Herman-Snyder, Esquire -V= Attorney for Defendant U)f-- ?? sf c c°n - - ?ry c? -rt PROPERTY AND SEPARATION AGREEMENT BETWEEN MICHELLE R. LONG AND RODNEY L. LONG GRIFFIE AND ASSOCIATES 200 NORTH HANOVER STREET CARLISLE, PA 17013 1 4? THISAGREEMENT, made this,-Oq day of 2012, by and between MICHELLE R. LONG, of 3966 Enola Road, Newville, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife, " AND RODNEY L. LONG, of 75 East Main Street, Plainfield, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband," WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on July 20, 1990, in Washington County, Maryland. They are the parents of two (2) adult children. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other including the settling of matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and Husband by Wife. WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation; wish to live separate and apart; and, wish to enter into this property and separation Agreement; ( - MRL 2 RLL WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she is thoroughly conversant with and knows accurately the size, degree, and extent of the estate and income of Husband, and Husband acknowledges that he is thoroughly conversant with and knows accurately the size, degree and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL: The provisions of this Agreement and the legal effects have been fully explained to the parties by their respective counsel, Hannah Herman-Snyder, Esquire for Wife and Wayne F. Shade, Esquire for Husband. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he or she in the if L MRL 3 1-EY0 4 RLL procurement and execution of this Agreement, has not been subjected to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. 2. WARRANTY OF DISCLOSURE: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties' attorneys and/or parties and this Agreement between the parties is based upon this disclosure. 3. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time Mek-f MRL 4 ;?Vg- RLL hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 4. PERSONAL RIGHTS AND SEPARATION: Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 5. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This MRL 5 )&'J( RLL Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301 (c) or (d) of the Divorce Code of 1980. 6. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 7. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 8. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property, including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of the property in the KV-L MRL 6 2eX RLL possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 9. BANK ACCOUNTS: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have to equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. 10. AFTER-ACQUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her after the parties date of separation, 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. 11. MOTOR VEHICLES. ? n aKSI?„o?S A. The 2007 Honda Accord currently titled ee4ein4 name$ shall become the sole and exclusive property of Wife. Husband shall, at the same time of execution of this Agreement, execute a Limited Power of Attorney thereby granting Wife the right to transfer said title into her name alone. Husband CfVL-, MRL 7 1w RLL hereby waives any right, title, claim and/or interest he has or may have in said vehicle. B. The 2000 Ford Ranger currently titled in Husband's name alone shall remain the sole and exclusive property of Husband. Wife hereby waives any right, title, claim and/or interest she has or may have in said vehicle. 12. PENSION, RETIREMENT, PROFIT SHARING: A. The parties recognize that Wife has a 401(k) from her prior employment with Target. For the mutual promises and covenants contained in this Agreement, Husband waives all right, title, claim and/or interest he has or may have in said 401(k). B. The parties recognize that Wife had a 403(b) from her prior employment with Menno Haven. For the mutual promises and covenants contained in this Agreement, Husband waives all right, title, claim and/or and interest he has or may have in said 403(b). C. The parties recognize that Husband has a pension as a result of his prior employment with Manitowac, with a portion of said pension being marital. For the mutual promises and covenants contained.in this Agreement, the Wife waives all right, title, claim and/or interest she has or may have in said pension. D. The parties recognize that Husband has a 401(k) with his current employer, Fry Communications. Husband shall, at the time of execution YY?A., MRL 8`? RLL of this Agreement, have prepared on his behalf and executed a Qualified Domestic Relations Order, hereinafter "QDRO," whereby Wife shall receive THIRTY-NINE THOUSAND NINETY-FIVE DOLLARS AND 23/100 ($39,095.23). Said QDRO shall be sent to the Court to be entered as an Order, by counsel for Husband, within ten (10) days of receipt of the Divorce Decree. Furthermore, the QDRO, once entered by the Court, shall be sent to the Plan Administrator, by counsel for Husband, within ten (10) days of receipt of the Order. Except as stated herein, Wife waives all right, title, claim and/or interest she has or may have in said Fry Communication 401(k). 13. REAL ESTATE: The parties are joint owners of real estate located at 75 East Main Street, Plainfield, Cumberland County, Pennsylvania. Said property is owned in joint names as tenants by the entireties. Said property is encumbered with a mortgage due and owing to Orrstown Bank, Account Number 8090005378. From the time of execution of this Agreement forward, Husband shall be solely and exclusively responsible for repayment of the mortgage due and owing to Orrstown Bank, Account Number 8090005378, and shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever. In addition, Husband shall refinance the mortgage in an amount sufficient to pay the mortgage in full and thereby remove Wife as an obligor on said mortgage. Husband shall be responsible for all refinance costs as due consideration has been granted herein MRL 9 'aeeRLL for the same. Husband shall refinance the mortgage within sixty (60) days of execution of this Agreement. At the time of the refinance, Husband shall provide to Wife THIRTY-NINE THOUSAND EIGHT HUNDRED SIX DOLLARS AND 87/100 DOLLARS ($39,806.87). Wife shall, at the time of execution of this Agreement, execute a deed conveying her interest in said property and shall provide the deed to Husband at the time of the refinance, with the deed being held by counsel for Wife until said refinance. At the time of the refinance, Wife shall waive all right, title, claim and/or interest she has or may have in said real estate, except as set forth herein. This Agreement is expressly contingent upon the ability of Husband, through the exercise of all reasonable efforts, to borrow the sum of ONE HUNDRED SIXTEEN THOUSAND AND XX/100 ($116,000.00) DOLLARS against the marital residence. In the event of the inability of Husband, through no fault of his own, to borrow the sum of ONE HUNDRED SIXTEEN THOUSAND AND XX/100 ($116,000.00) DOLLARS against the marital residence, this Agreement shall be null and void; and the parties will be free to renegotiate this Agreement or otherwise pursue their economic claims under the Divorce Code. 14. LIFE INSURANCE: Each parry agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other, including but not limited to, each of their Nationwide Life Insurance policies, with the right to designate a beneficiary as each of the parties sees fit for his/her respective policy. MRL 10 RLL 15. MARITAL DEBT: As due consideration has been granted for the sharing of the costs of the refinance of the marital home, with Husband being solely responsible for the same, the only marital debt in existence is the car loan pertaining to Husband's 2000 Ford Ranger, and with due consideration being granted for the sharing of those costs, the debt itself, in the amount of approximately ONE THOUSAND ONE HUNDRED AND EIGHTY-SIX AND XX/100 DOLLARS ($1,186.00), due and owing to Members First Federal Credit Union, shall remain the sole responsibility of Husband. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever in regards to the debt due and owing to Members First Federal Credit Union. 16. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 17. ALIMONY, ALIMONY PENDENTE LITE SPOUSAL SUPPORT AND MAINTENANCE: A. Husband hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. (Y? MRL 11 VC',? RLL B. Wife hereby waives any right or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. 18. BURIAL PLOTS: The parties shall sign their burial plots over to their son, Ryan L. Long, with counsel for Husband preparing the documentation such that the documentation for the transfer of the burial plots shall be executed at the same time as execution of this Agreement. 19. DIVORCE: Husband has commenced an action for divorce from Wife pursuant to Section 3301 (c) of the Pennsylvania Divorce Code by the filing of a Divorce Complaint. Each of the parties shall sign an Affidavit of Consent and Waiver of Notice of Intention to Request the Entry of a Divorce Decree at the same time of execution of this Agreement and shall provide the same to counsel for Husband. It is further agreed and understood that any Decree of Divorce issuing in this matter shall reflect the fact that Husband shall bear the cost of same in his individual capacity. A. Each of the parties agree that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under Section 3501 (Equitable Distribution) of the Pennsylvania Code, Act No. 1990-206. f)OD MRL 12 RLL B. This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 20. LEGAL FEES: In the review and preparation of this Agreement, each party shall bear his/her own legal fees. 21. REMEDY FOR BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching parry shall be responsible for payment for reasonable legal fees and costs incurred by the other in enforcing their rights hereunder, or to seek such other remedies or relief as may be available to him or her. 22. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of December 19, 1990 (P.L. No. 1240, No. 206) known as "The Divorce Code," 23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as amended. MRL 13 -&V R 23. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 24. TAX CONSEQUENCES: By this agreement, the parties have intended to effectuate and have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate. 25. MUTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. OVJ, MRL 14 KX RLL 26. RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this agreement by their signed agreement containing a specific statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal effect or this agreement or cause any new marital rights or obligations to accrue. 27. SEVERABILITY: The parties agree that the separate obligations contained in this Agreement shall be deemed to be interdependent. If any term, clause, or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. Notwithstanding any release contained herein, the parties intend that they may reinstate any and all economic claims to the extent available under the Divorce Code of 1980. Further, any court of competent jurisdiction may, under the equitable provisions and purposes of the Divorce Code, reinstate any economic claim which was available at the time of the parties' separation or avoid any waiver herein contained to renegotiate or effectuate as nearly as possible the purpose of the unenforceable provision. 28. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect YYV- -- MRL 15 RLL the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 29. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as written contract separate from such judgment for divorce and may be enforced as an independent contract. 30. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 31. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. (T&- MRL 16 1eA< RLL 32. CAPTIONS: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 33. AGREEMENT BINDING ON HEIRS: The Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 34. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. Witness: (Seal) Mic elle R. Long ?" 0-7?-? A=?" (OrKfV(Seal) Rodney L. ong QVJ, MRL 17 RLL COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) On this, the`?'-day of CkA , 2012, before me, a notary public, the undersigned officer, personally appeared Michelle R. Long, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. Of KE LLY L PEREZ , Notary Pubno Comm C+orxty 201e o Public COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) On this, the /4` day of , 2012, before me, a notary public, the undersigned officer, personal y appeared Rodney L. Long, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. ?v No Public ,ky COMMONWEALTH OF FEWOYLVANIA NOTARIAL SEAL CONNIE J. TRITT, Ndwy Public Carkle Boro., Curr rw County MY Commission EOM October 5, 2012 (YV,L-MRL 18 O?XRLL RODNEY L. LONG : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVAN IA CIVIL ACTION -LAW V. ; NO. 10-3349 CIVIL TERM MICHELLE R. LONG, `- N Defendant : IN DIVORCE rn go ;CM AFFIDAVIT OF CONSENT AND WAIVER OF NOTIq c? OF INTENTION TO REQUEST ENTRY OF A D DIVORCE DECREE UNDER § 3301(c)C-- Cz OF THE DIVORCE CODE --- 7-_ COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under § 3301(c) of the Divorce Code with Notice of Availability of Counseling was filed on May 19, 2010, and served on May 24, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (91 days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without notice. 4. 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. 5. I understand that I will not be divorced until a Divorce Decree is entered by court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 6. I have been advised of the availability of marriage counseling and of my to counseling and understand that I may request that the court require that my spouse I participate in counseling. 7. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the court. 9. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: a0 S 0JUL apt a R. Long RODNEY L. LONG : THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAr CIVIL ACTION -LAW V. NO. 10-3349 CIVIL TERM MICHELLE R. LONG, Defendant : IN DIVORCE c 7 r- AFFIDAVIT OF CONSENT AND WAIVER OF NMI rv OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE - --.. COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under § 3301(c) of the Divorce Code with Notice of Availability of Counseling was filed on May 19, 2010, and served on May 24, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety ( days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without notice. 4. 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. 5. I understand that I will not be divorced until a Divorce Decree is entered by court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 6. I have been advised of the availability of marriage counseling and of my ri to counseling and understand that I may request that the court require that my spouse I participate in counseling. ¦ 7. I understand that the court maintains a list of marriage counselors in the Domestic Relations office, which list is available to me upon request. 8. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the court. 9. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: July 17 , 2012 Rodney L. RODNEY L. LONG Plaintiff V. MICHELLE R. LONG, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV CIVIL ACTION -LAW .3 moo NO. 10-3349 CIVIL TERM use"' tv IN DIVORCE rte- z -a PRAECIPE TO TRANSMIT RECORD > To the Prothonotary: .'C Please 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. The date and manner of service of the Complaint were May 24, 2010, by United States certified mail. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree under § 3301(c) of the Divorce Code by Plaintiff was July 17, 2012, and by Defendant was June 20, 2012. 4. Related claims pending: None. Date: July 24, 2012 Cam(/ /? Wayne . Shade, Esquire Supreme Court I.D. # 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff RODNEY L. LONG V. IN THE COURT OF COMMON PLEA?OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE R. LONG NO. 10-3349 CIVIL TERM DIVORCE DECREE AND NOW, Kv it is ordered and decreed RODNEY L. LONG MICHELLE R. LONG bonds of matrimony. plaintiff, and defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this actioi for which a final order has not yet been entered. Those claims are as follows: (If claims remain indicate "None.") The court retains jurisdiction to enforce the terms of the Property and Separation Agreement dated June 20, 2012, which resolves all of the claims raised by the parties herein. By the Court, -- WA ? - Attest: sOldole d eal 14o / 4k//'rla,l- ?v olev SRS Approved DRO (Domestic Relations Order) RODNEY L. LONG, ) Plaintiff ) V. ) MICHELLE R. LONG, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-3349 CIVIL TERM IN DIVORCE STIPULATED DOMESTIC RELATIONS ORDER AND NOW, this day of K01011 , 2012, this matter having come bel the court on the stipulation of the parties as set forth below, and the Court's finding that the parties hi agreed on the terms under which certain retirement benefits of Rodney L. Long shall be divided, this Order is entered pursuant to the Court's authority under the applicable domestic relations laws of the of Pennsylvania. IT IS ORDERED: 1. Nature of this Order: This Order assigns and recognizes the existence of an alternate payee's right to receive a portion of a participant's benefits payable in a defined contribution plan, and authoriz the administrator of such plan to pay such portion to the alternate payee. This order is intended to be a qualified domestic relations order ("QDRO") within the meaning of §414(p) of the Internal Revenue Code ("Code"). Statements of Fact 2. Participant Information: The name and address of the plan participant to which this Order applies are: Name: Rodney L. Long Address: 75 East Main Street, Plainfield, PA 17081 3. Alternate Payee Information: The name and address of the alternate payee to which this applies are: Name: Michelle R. Long Address: 3966 Enola Road, Newville, PA 17241 4. Plan Name: The name of the plan to which this Order applies is the Fry Communications, Retirement Plan ("Plan"). This Order shall also apply to any successor plan to the Plan, or to any 4 plan that incurs liability for payment of the Participant's benefits in the Plan. 5. Benefits Assigned to the Alternate Payee: The portion of the Participant's account balance i the Plan payable to the Alternate Payee is [$39,095.23] of the Participant's vested account balance that will be segregated into a separate account in the name of the Alternate Payee. The Altern Payee's funds will be removed from the Participant's investment options on a pro-rata basis a will be segregated into a separate, interest-bearing account for the Alternate Payee. 6. If the investments of the Participant's account include one or more loans to the Plan Particip, the Participant's account balance shall be determined as if the loan(s) were fully repaid as of the date account balance is determined. However, the Alternate Payee's account shall be funded exclusively assets other than the participant loan(s). Page 1 Of 3 SRS Approved DRO (Domestic Relations Order) Time and Manner of Payment 7. If the Plan permits an immediate distribution of the benefit described in Paragraph 5 of this Order, the Alternate Payee may request a distribution of the benefit as soon as administratively feasible following the date that the Plan Administrator determines that this order is a QDRO. If the Plan does not permit an immediate distribution, the Alternate Payee may elect to have the Plan distribute the bene' designated in Paragraph 5 of this Order at the Participant's earliest retirement age as defined by Code §414(p)(4). 8. The Alternate Payee may elect to receive the benefit described in Paragraph 5 of this Order in a form of distribution that the Plan permits, except in the form of a joint and survivor annuity with a subsequent spouse as the beneficiary. 9. The applicable fee for administering this order shall be deducted from the Participant's account Should the designated account contain assets insufficient to pay the applicable QDRO administration fe the remainder shall be deducted from the other account. 10. The Alternate Payee assumes sole responsibility for the tax consequences of any distribution under this Order. 11. The Plan shall permit the Alternate Payee to designate a death beneficiary for the benefit described in Paragraph 5 of this Order to the full extent permissible under the Plan. If the Alternate Pal dies before all of the benefit has been distributed, the Plan shall distribute any unpaid benefits to the Alternate Payee's designated beneficiary. If the Alternate Payee dies without having designated a beneficiary, the Plan shall distribute any unpaid assigned benefits to the Alternate Payee's estate as soo as administratively feasible following the date that the Plan Administrator receives adequate notice of t Alternate Payee's death. 12. Should the Participant die before the terms of this order are completely carried out, the Alterna Payee shall be treated as the surviving spouse of the Participant to the extent of the benefit described in Paragraph 5 of this order. The sole purpose of this paragraph is to ensure payment to the Alternate Pay in case of the Participant's death prior to payment of the Plan of the benefit described in Paragraph 5 of this Order. 13. The Alternate Payee shall provide the Plan with any subsequent changes in the Alternate Paye 's mailing address until such time as the Plan has distributed all of the assigned benefits. The Alternate Payee and the Participant shall provide such other information and shall complete such forms as the Ph n may reasonably require from one or the other to administer the Order. Savings Clause Pursuant to Code $414(p)(3) 14. This Order is not intended and shall not be construed in such a manner as to require the Plan t provide any type or form of benefit, or any option the Plan does not otherwise provide; to require the to provide increased benefits; or to require the Plan to pay any benefits to the Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a quali Page ? of 3 i SRS Approved DRO (Domestic Relations Order domestic relations order. The Court retains jurisdiction with respect to this Order to the extent required to establish or to its qualified status. BY THE COURT: J. 01 Rodney L. L g Mic Ile R. Long GRIFFIE & ASSOCIATES, P.C. By: /Wayne . Shade, Esquire 1/ Hannah Herman-Snyder, Esqu Attorney for Plaintiff Attorneys for Defendant ('pP;es J -a( F+„ -V 70 f? Page 4 of 3