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Home My WebLink About04-5403 II SUSAN L. ROEDER, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 2004 - 54(.'3 BRYAN WEARY, Defendant : CIVIL ACTION - LAW : 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 action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a jUdgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 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 Telephone: (717) 249-3166 II I SUSAN L. ROEDER, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004 - 5"'03 : CIVIL ACTION - LAW : IN DIVORCE BRYAN WEARY, Defendant I COMPLAINT UNDER SECTIONS 33011C) AND 3301(0) OF THE DIVORCE CODE 1. Plaintiff is Susan L. Roeder, an adult individual who currently resides at 80 Linn Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Bryan Weary, an adult individual who currently resides at 1850 Pine Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 3, 2003 in Montego Bay, Jamaica. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~~ By Michael A. Scherer, Esquire Attorney for Plaintiff 1.0. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 if l VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unswom falsification to authorities. Date: October 2'5 ,2004 ~~ Susan l. oeder @ () .....> ~ .-:, C "" ." .- tI\- ":.- C> .-J n . ~; i" II ~1_ "'Tj ~ ....... ~\1 j-.! ~ (, ~ ..... I_'~~ ~ ~ ... .,", N '''li:' ;.":'.:: / . ...... ;") -..... ~ \.: . ~: : .Il. '"1" V, ~ ...._l... -0 ,'..;:..] ::'l'': ....,:"") ~ ~ ~ :'~ f~. ~ .-)rn ;S '!o... -~ ~) ~ ". -iJ ~' ':.L' " - - (j"1 ,...; ~ " II V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 5403 SUSAN L. ROEDER, Plaintiff BRYAN WEARY, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, comes the Plaintiff, Susan L. Roeder, by and through her attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. Plaintiff is Susan L. Roeder, an adult individual who currently resides 80 Linn Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Bryan Weary, an adult individual who resides at 1850 Pine Road, Newville, Cumberland County, Pennsylvania. 3. The parties were married on November 3, 2003. The parties were separated June 20,2004. 4. The Plaintiff filed this action on October 27, 2004 and the Defendant was served by certified mail on November 4, 2004. 5. The divorce complaint does not raise any economic issues for the Court to resolve. 6. The Defendant is pro se at this time. 7. At the time the parties separated, the Plaintiff left numerous items of personal property at the Defendant's residence, none of which are marital property. 8. Some of the property the Plaintiff left behind at the Defendant's residence at the time of separation belonged to the Plaintiff's daughter, Abigayle, who is not the daughter of the Defendant and who is thirteen years old. II 9. The Defendant has to this point refused to return the non-marital property to the Plaintiff. 10. A list of the non-marital items which the Plaintiff seeks to retrieve from the Defendant's residence is attached hereto as "Exhibit A", 11. The Defendant has stated to the Plaintiff's mother that the Defendant has Plaintiff's non-marital property stored in his barn. Storage of the Plaintiff's items in this manner creates a possibility that the items will be destroyed. WHEREFORE, Plaintiff respectfully requests that this honorable Court enter a rule upon the Defendant to show cause why she should not be permitted to retrieve these items from his home at a specific date and time either agreed to by the parties or ordered by the Court. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~~ Michael A. Scherer, Esquire I.D.61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Date: December } ~ , 2004 II ,) I NON-MARITAL PROPERTY LIST 1. Black iron skillets (2 round, 1 square) 2. VanGogh prints (2) 3. Dresser (Abi's) 4. Dresser (mine, antique) 5. Hope chests (2) 6. Firebox containing coins and certificates 7. Holiday decorations (Christmas, Halloween, Easter) 8. Wrought iron bed, box spring and mattress 9. Books (many) 10. Adult rocking chair (from Dad) 11. Childrens rocking chairs ((2) one black doll size, one small maroon from Grammy Roeder) 12. Step stool (Grammy Roeder's) 13. Sound system (Abi's) 14. Movies (many) 15. Ironing board 16. Iron 17. Portrait of me in New York City 18. Collage (Abi's pictures) 19. Rubbermaid container housing wrapping paper and decorations 20. Piano bench 21 . Pictures 22. KitchenAid mixer 23. Antique bottles from Grammy Harris EXHIBIT "A" II ;, II SUSAN l. ROEDER, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 5403 BRYAN WEARY, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on December 11 ,2004, I, Michael A. Scherer, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Petition for Special Relief, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Bryan Weary 1850 Pine Road Newville, Pennsylvania 17241 Jf/0rj, ~ Michael A. Scherer, Esquire Attorney for Plaintiff Date: December 1'1 I 2004 II V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 5403 SUSAN L. ROEDER, Plaintiff BRYAN WEARY, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I verify that the statements made in the foregoing Petition for Special Reliefe are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. . t.~Mr .~:)~~.nM. .1] lm' ~ Susan L. ~~eder Date: December l't , 2004 (-- ,.....,') ,.:,.1 '..:"":> C) ,;:> .~ -T\ r'J ::;:J \..;; hi "1'1 C) r';::; '.'f+t 1",'1 ~- I \,~~') ) ~'~) '-'1 ., , , " ",;j ) ,'.") r"',,) ) r'(l :) (,n ;~1 L i F IFILESIDA T AFILEIGenerallCurrentl6297 ,7 praecipe/tde Created: 9/20/04 0 06PM Revised 12/31/04 10 45AM 6297 7 Thomas J. Williams, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO J.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5403 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant in the above matter. SUSAN L. ROEDER, Plaintiff v. BRYAN WEARY, Defendant MARTSON DEARDORFF WILLIAMS & OTTO By 'fL~ 1.JvAL.~ Thomas J. Willi , Esquire Ten East High Street Carlisle, PAl 7013 (717) 243-3341 Attorneys for Defendant Dated: January 3,2005 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Michael A. Scherer, Esquire O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, P A 17013 MARTSON DEARDORFF WILLIAMS & OTTO @~~fJ.l,t~J CIa D. Ecke ~oad Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: January 3,2005 () c ~;..., \:J c~~ '~;; '<~- ~~.s~ :Pc .~'~, d_ ~ - ,. r..3 C;;) c;:::J cJ1 C- ~ , W -0 :3: W ~ ~:1J ~~ ~--r- c:>;!;! 2M 9 "P-: .0 -< F IFILESIDA T AFlLEIGenerallCurrentl6297, 7 ,answer/tde Created, 9/20/04 0:06PM Revised 12/31/04 10 44AM 6297.7 Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 17512 10 East High Street Carlisle, PAl 7013 (717) 243-3341 Attorneys for Defendant Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5403 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUSAN L. ROEDER, Plaintiff v. BRYAN WEARY, DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW, comes the Defendant, Bryan Weary, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and avers as follows in answer to Plaintiffs Petition for Special Relief. 1-4. Admitted. 5. Admitted; however, by way of further answer, Defendant has now filed a claim for economIC Issues. 6. Admitted that Defendant was pro se at the time the instant Petition was filed; however, he is now represented by the undersigned counsel. 7. Denied as stated. With the exception of the property identified as belonging to Abigayle (Abi), the remaining items are marital property. While they may have been brought into the marriage by Plaintiff, they were contributed to the marriage, used in the marriage and continue to be used in the marriage. By way of further answer, Defendantls the custodian of Plaintiff s son, Jeremy Jayne, born August 18, 1988, and among the uses of the property identified on Plaintiffs Exhibit "A," is on behalf of said son. 8. Admitted. By way for further answer, Defendant has urged Plaintiff for months to remove Abi's property, but Plaintiff has failed and/or refused to do so. Plaintiff may certainly remove Abi's property at any time upon reasonable notice. 9-10. Denied. Paragraphs 7 and 8 hereof are incorporated herein by reference thereto. 11. Denied as stated. Defendant has some of the property on Plaintiffs Exhibit "A" stored in his barn, mostly the property of Abi; however, the majority of it is used in Defendant's house, the marital residence, by Defendant and the children. WHEREFORE, Defendant requests Your Honorable Court to deny Plaintiffs Petition for Special Relief. Respectfully submitted, MARTS ON DEARDORFF WILLIAMS & OTTO , By 'T~ '} -~~ Thomas J. Williams, Esquire ' Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: January 3,2005 VERIFICA nON The foregoing Defendant's Answer to Plaintiffs Petition for Special Relief is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language ofthe document is that of counsel and not my own. I have read rhe document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the pt:nalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which providt:s that if I make knowingly false averments, I may be subject to criminal penalties. Bryan CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Answer to Plaintiff's Petition for Special Re1iefwas served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Michael A. Scherer, Esquire O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, P A 17013 MARTSON DEARDORFF WILLIAMS & OTTO ~; ~ /J tJlvcrrJ ricia D. Eckenroad Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: January 3,2005 o ~ 1:) ~:=~ 2~ ~~,.-: -;.- . ~~ f~} ~~ ~ -< ,...;) c:::> <~:;:) cJ'1 (;.. > % I W o -n ~:o n., :f1E? ~~ I:rl Qo ,,- rn o -'I ~J :< -0 ::lC W .. F. IFILESIDA T AFILEIGenerallCurrentl6297 7,petitioneconomic/tde Created' 9/20/04 O'06PM Revised: 12/31104 I 1:00AM 6297 7 Thomas J. Williams, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO J.D. 17512 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5403 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUSAN L. ROEDER, Plaintiff v. BRYAN WEARY, DEFENDANT'S PETITION TO RAISE ECONOMIC CLAIMS AND NOW, comes the Defendant, Bryan Weary, by and through his attorneys, MAR TSON DEARDORFF WILLIAMS & OTTO, and files the following Petition as follows: CLAIM FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 1. Plaintiff and Defendant are the joint owners as temmts by the entireties of certain real estate which is subject to equitable distribution by this Court. 2. Plaintiff and Defendant are the owners of various items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this Court. 3. Plaintiff and Defendant are the owners of various motor vehicles and bank accounts acquired during their marriage which are subject to equitable distribution by this Court. WHEREFORE, Defendant requests Your Honorable Comt to enter an Order distributing all of the aforementioned property, real and personal, as the Court may deem equitable and just CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 4. Defendant requests your Honorable Court to allow alimony as it deems reasonable pursuant to Section 3701 of the Pennsylvania Divorce Code. WHEREFORE, Defendant requests Your Honorable Court to enter an Order allowing alimony as it deems reasonable pursuant to Section 3701 of the Pennsylvania Divorce Code. CLAIM FOR ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 5. Defendant requests your Honorable Court to allow him alimony pendente lite, reasonable counsel fees and expenses pursuant to Section 3702 ofthe Pennsylvania Divorce Code. WHEREFORE, Defendant requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. Awarding alimony as the Court deems just and reasonable; D. Ordering payment of alimony pendente lite, counsel fees and expenses as the Court deems just and reasonable; and E. For such further relief as the Court may determine equitable and just. MARTSON DEARDORFF WILLIAMS & OTTO By 'I ~~ i.;v,.U..... - - Thomas J. Willi , Esquire Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant Dated: January 3,2005 VERIFICA nON The foregoing Defendant's Petition to Raise Economic Claim s is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content ofthe document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Bryan CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Petition for Economic Claims was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Michael A. Scherer, Esquire O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, P A 17013 MARTSON DEARDORFF WILLIAMS & OTTO ~'<21d-fA {;let~ 'cia D. Eckenro Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: January 3,2005 ~ i0 f'.l ~ ~ () = = s; c:.rt ~~ ~~.., (;.. -:, '.:~:> :;po. . Q~~l -~ x -om -. J' -7 I -06 ~ ---. --- w (~ 0] ~, ~?t- X=f.{ -u 90 c:::::-". --- ~b ::r.: ~ .\' ~ ~ om >c --1 c::>Q ~ z ~ ~ ~ :-< U1 ~ SUSAN L. ROEDER, Plaintiff IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSYL ANIA NO, 2004-5403 CIVIL TERM i II III BRYAN WEARY, II v, Defendant CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 c OF THE DIV RCE C DE i I II 1. A complaint in divorce under Section 3301 (c) of the DivOlrce Cod I, filed on October 27,2004, , I , , , 2, The marriage of the Plaintiff and Defendant is irretrievably broke and I ninety days have elapsed from the date of the filing of the Complaint. I 3, II I , i I I i1 II I 'I il I consent to the entry of a final decree in divorce without notice, 4, I understand that I may lose rights concerning alimony, division property, lawyer's fees or expenses if I do not claim them before a divbrce is g anted, 5, I understand that I will not be divorced until a Divorce Decree is ntered by the Court and that a copy of the Decree will be sent to me immediately afte it is filed with the Prothonotary. 6, I have been advised of the availability of marriage counseling an understand that I may request that the court require counseling. I do not requ st 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: ].2'1. oS- Susan L. Roeder ~~ C' e;'';;' \, "-" ~~.~ ::c c.J co ..j 3: cS t.,) -------------- F:\FILES\DA T AfJLE\General\Cun-enl\6297.7.wsenlsjlde (realed 9j~O/04 006PM Revised 3.'29/05354PM 6297.7 Thomas 1. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Defendant r-' ~ ~ "S " ;;,., ,.... c:; T"" :C~ ;.-'. -0 0' \:n IN THE COURT OF CO MON PLEAS OF, ~'0\;-' CUMBERLAND COUNT PENNSyt-YANI1l. ';';,"5:, NO. 04-5403 ~ (~? CIVIL ACTION - LAW --:: ";0 ::_~ Lr\ .~ _::. ...0 SUSAN L ROEDER, Plaintiff v. BRYAN WEARY, JURY TRIAL DEMAND D AFFIDAVIT OF CONSENT l: "., g cJ' L... -n ~~) ::::~; ::;:I :;..;.,~ -- -- (. ~.. u-, Thomas 1. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD, 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attomeys for Defendant Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNty, PENNSYLVANIA NO, 04-5403 \ CIVIL ACTION - LAW \ JURY TRIAL DEMAND D SUSAN L. ROEDER, Plaintiff v, BRYAN WEARY, WAIVER OF NOTICE OF INTENTION TO REQU ST ENTRY OF A DIVORCE DECREE UNDER 3301 c AND 3301 d OF THE DIVORCE COD 1. I consent to the entry of a final decree of divorce without no ice, 2. I understand that I may lose rights concerning alimony, divisio of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree s entered by the Court and that a copy of the decree will be sent to me immediately after it is filed ith the prothonotary, I verify that the statements made in this waiver are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa, C.S, G 490 relating to unsworn falsification to authorities, Date: ~ /3)() 5'- .~ Bryan Weary, Defendant C) ,"-' c.:;;..~ 5~ <::::;, <:.n ~ :Tl -, , .....c, , '" -.". '-'1 U1 ; 'J:) .,< - ---- ''','!'II.I':;f),\I..\I'II.!,',C;''I;u.d,C'''''''''('c'!7 """I C,,-'''c'J: Olil'!''; 1:':118'," ~^I ~"",,'d, 0) II-,(,i O,:J-l:OI '\01 MARlT AL SETTLEMENT AGREEMENT This Agreement, made this 2'1 day of ~"'" ~ , 2005, by and between BRY AN WEARY of 1850 Pine Road, Newville, Cumberland County, Pennsylvania, (hereinafter referTed to as "Husband") and SUSAN L. ROEDER, of80 Linn Drive, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), WHEREAS, the parties hereto are Husband and Wife, having been married on November 3, 2003, in Montego Bay, Jamaica; and WHEREAS, difficulties have arisen between the parties as a result of which they now desire to live separate and apart and by this Agreement, to settle all financial and property rights between them; and WHEREAS, this Agreement is being made in settlement of a divorce action filed in the Court of Common Pleas of Cumberland County, Pennsylvania and docketed to No. 2004-5403; and WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain independent legal advice of counsel of their selection, and that before signing this Agreement, each has either been fully advised by counsel of their rights and obligations under the law and this Agreement, or else have waived their right to legal advice, Each party hereby confirms that he or she has read carefully and fully understands the terms, conditions and provisions ofthis Agreement and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances, The parties further declare that each is executing the Agreement freely and voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement they have been fully advised by their respective counsel of their rights and obligations, have read carefully and understand the terms ofthis Agreement, and have freely consented to this Agreement, believing it to be fair, just and equitable; and WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all property which would be considered "marital property" under the Pennsylvania Divorce Reform Act, whether titled or owned separately or jointly as well as the value and extent of non marita I property held or expected to be held by each other. NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows: 1. SEPARATION: Husband and Wife shall be free from constraint or control by the other as fully as ifhe or she were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with any person for associating with the other. 2, RELEASE: Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted or suffered to be done by said other party prior to and including the date hereof; further, the parties acknowledge that all rights under the Pennsylvania Divorce Code that are not specifically incorporated herein are hereby expressly waived, Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason ofthis Agreement and shall in no way affect any causes of action in absolute divorce which either party may have against the other. 3, DIVORCE: Both parties agree to conclude a no-fault divorce under Section 3301(c) of the Pennsylvania Divorce Code as filed in the Court of Common Pleas of Cumberland County at No. 2004-5403, and, in connection therewith, to execute and acknowledge whatever consents or other documents that are necessary to accomplish this forthwith or as soon hereafter as permitted by applicable law, The ten11S of this Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to the parties, and the court shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions hereof. 4, DEBTS: Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase or purchases which either of them may hereafter make and shall not hereafter create any engagements, debts or obligations in the name of or against each other. Except as specifically provided herein, each agrees to hold the other free and harmless from any and all debts and other obligations which he or she may have incurred since the date of the separation and agrees to indemnify and defend the other party from any claim regarding same. s, PROPERTY: Except as stated below, the parties have heretofore divided the property, both real and personal, which they owned either together or separately and such division and apportionment is hereby confinned. a, Diamond Rings. Upon the execution ofthis Marital Settlement Agreement, Wife shall return to Husband the diamond engagement ring and diamond wedding ring that Husband purchased for Wife, b, Nextel Phone. Upon the execution of this Marital Settlement Agreement, Wife shall return to Husband his Nextel phone, c. Wife's Personal Prooertv. Husband shall immediately make available to Wife for pick up at any reasonable time the personal property of Wife and her daughter on the list attached hereto. 6. ENFORCEMENT: If either party defaults in the due performance of any ofthe terms, conditions and covenants of this Agreement on his or her part to be performed, the non-defaulting party shall have the right to sue for specific performance or damages for the breach ofthis Agreement, and the defaulting party shall pay the reasonable legal fees for any services rendered by pension the non-defaulting party's attomey in any action or proceeding to compel the defaulting party's due performance hereunder as well as costs for bringing the action or proceeding, If either party challenges the validity of this Agreement and the challenge is not successful, the challenging party shall similarly reimburse the defending party for all expenses and losses incurred in the defense, 7, EXECUTION OF DOCUMENTS: The parties agree to execute all documents that are reasonably necessary to effectuate the purpose of this Agreement. In the event that either party shall refuse or fail to execute and/or acknowledge any such document, then the other party shall have, and is hereby granted, the right and power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact for the other party to so execute and acknowledge such documents, 8. CONTRACT INTERPRETATION: For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys, 9. AFTER-ACOUlRED PROPERTY: Each ofthe parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which is or has been acquired by him or her after the 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. 10, ADDRESS AND TELEPHONE NUMBER OF PARTIES: As long as any obligations remain to be performed pursuant to the provisions of this Agreement, each party shall have the affirmative obligation to keep the other informed of his or her residence address and telephone number, and shall promptly notify the other in writing of any change of address by giving the new residence address and telephone number. II. MARITAL DEBTS: Each party agrees to hold the other free and harmless from any and all liability which may arise from the bills, obligations, and debts which are the responsibility of that party and agrees to indemnify and defend the other party from any claim regarding same, 12, MISCELLANEOUS: A, This Agreement constitutes the entire agreement between the parties, being the final and complete settlement of all matters between them and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein. B, This Agreement may not be amended, modified, altered orrevoked except in writing executed by both the parties hereto. C. This Agreement may not be assigned by either party without the prior written consent of the other party. D. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes, and all of which together shall constitute one and the same instrument, E. This Agreement shall be binding upon the parties hereto, their heirs, executors, administrators and assigns, F, This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania in effect as of the execution date ofthis Agreement. G, Jurisdiction over the parties with regard to any matter covered by this Agreement shall be in Cumberland County, Pennsylvania. Any reference herein to a court shall be deemed a reference to the Court of Common Pleas of Cumberland County, Pennsylvania, H, The failure to strictly enforce any p art of this Agreement shall not be deemed a waiver thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part of this Agreement. L All payments or communications pertaining to matters provided for in this Agreement may be made or given if delivered or mailed to a party, at such address as either party shall designate to the other in writing from time to time, or, ifno such designation is made, then to the address as set forth above, J, Titles are for convenience and ease of reference only and are not to be considered part of the Agreement for purposes of interpretation, K, The term ofthis Agreement shall continue indefinitely from the effective date hereof and shall, to the extent possible, survive any future reconciliation of the parties unless they specifically provide otherwise in writing. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written, intending to be legally bound hereby. WITNESS: 111 . ~. , Ic..'u--<J----- ) \ ll!ci/1/t /111 / Ca"'1' <tl~ ~~ . 911J. Susan L. Roeder COMMONWEALTH OF PENNSYLVANIA ) :SS ) <\ J; . !/. ;' I I I COUNTY OF ", ".> "J4' . .,,} J1.L.l.l"\ . On tIm, the I J [I--'dayof I e,!{. ) , , before me, the undersIgned officer, personally appeared Bryan Weary, 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 official seal. ,tj I viA (\ . ~4(1/ /1--/'1/(..;1/ (SEAL) COMMONWl' ALffl OF PENNSYl.VANIA Notarial Seal Mary M. Price, Notary Public Carlisle 8ora, Cumberland County My CommisSion ExpiresAug. 18,2007 Member, Penosyl'lBmB A.sSOCiation 01 Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF C-u.r(lbu l o..r-d ) :SS ) On this, the 3.~tJ'lday of MCL<lJA ~OO;\efore me, the undersigned officer, personally appeared Susan Ro'iW', known to me (or satisfactorily proven) to be the person whose name is subscribed to th~wiiliin instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ ~ ri/<.dw- (SEAL) COMMONWEAl.TH OF PENNSYLVANIA Notarial Seal Amanda L. Fisher. Notary Public Carlisle Boro, Cumberland County My Commission Expires Ant. 17,2006 Member PAnnwlv~o(", i\<:;<:;06at\on of Notaries . . NON-MARITAL PROPERTY LIST 1. Black iron skillets (2 round, 1 square) 2. VanGogh prints (2) 3. Dresser (Abi's) 4. Dresser (mine, antique) 5. Hope chests (2) 6. Firebox containing coins and certificates 7. Holiday decorations (Christmas, Halloween, Easter) 8. Wrought iron bed, box spring and mattress 9. Books (many) 10. Adult rocking chair (from Dad) 11. Childrens rocking chairs ((2) one black doll size, one small maroon from Grammy Roeder) 12. Step stool (Grammy Roeder's) 13. Sound system (Abi's) 14. Movies (many) 15. Ironing board 16. Iron 17. Portrait of me in New York City 18. Collage (Abi's pictures) 19. Rubbermaid container housing wrapping paper and decorations 20. Piano bench 21. Pictures 22. KitchenAid mixer 23. Antique bottles from Grammy Harris EXHIBIT "A" p "', ~ c.::, ~ -'!:~ "", :r-~: \.0 - --..l o -" -< :J:-n rn!~~ ('~J ;.-:) (>, ii', SUSAN L. ROEDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-5403 CIVIL TERM BRYAN WEARY, CIVIL ACTION-LAW IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of I a divorce decree: II 'I 'I I, I I, I , I I I I , I' 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the divorce code. 2. Date and manner of service of the complaint: via certified mail upon the defendant on November 4, 2004. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301 (c) of the divorce code: by the plaintiff March 24. 2005 by the defendant March 31. 2005 (b) (1) of the divorce code Date of execution of the plaintiff's affidavit required by Section 3301 (d) N/A (2) Date of service of the plaintiff's affidavit upon the defendant N/A 4. Related claims pending NONE 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: March 30. 2005 Date defendant's waiver of notice in Section 330 1 (c) divorce was filed with the Prothonotary: April 1. 2005 ~~ Michael A. Scherer, Esquire Attorney for Plaintiff, Susan L. Roeder ~ S~4 'iJ'j ~: ="t. -- c..,) ~"r-..i .s:- -' I SUSAN L. ROEDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-5403 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE v. BRYAN WEARY, Defendant I II II II I CERTIFICATE OF SERVICE I, Michael A. Scherer, Esquire, attorney for the Plaintiff in the above-captioned divorce action, do hereby certify that I served a certified copy of the Complaint in Divorce to the Defendant, as per the attached U.S. Postal Service Certified Mail, return receipt card. O'BRIEN, BARIC & SCHERER ~Irf;:herer, Esquire DATE: May 11, 2005 I. . .. COMPLETE THIS SECTION ON DELIVERY . . Complete items 1, 2, and 3. Also complete item 4 jf Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front jf space permits. ,. Article Addressed to: i e:, (....\0.<,\ W ~c,rc.J 1'O~)o P,ne J2d.... /'vIcve';'l\-<: P/I 1'7;7'-\\ A Sig x ~ReceiVed b 1') 'I'" D. Is elivery address different item 1? If YES, ent", delivery address below: l Deliver to addressee onlV 3. Service Type 0"Certified Mall 0 Express Mall o Registerecl 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) lIa""?6s 2. ArtIcle Number (Transfer from service kibeI) : PS Form 3811, February 2004 7004 1350 0003 7150 4248 Domestic Return Receipt 102595-Q2-M-1540 :<. ( { ....., =' ~;; .-<:" - (..0 ~j') .!""' , ) ') :+:+:f:+:+0f'1f, . . . . . . . . . ;Ii +. 'to +. 'to 't;:f Of' Of. Of. Of. cf . . Of.:f Of. '+':+ :+; + :+; :+ Of.:+; +:+ :+ + +:+. :+ + :+ + :+ cf +:f :+' + :+.:+ . ;;::+ ;;::f :+ . Of.:+' + ;;::+ :+:+;:+ cf :+. +. . . + + + + + + + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + . + + + + + + ++~++~++'+++++'++'+'+.++.+++cf++++++.+++++:++++++~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY + . + + + PENNA. STATE OF + + + + + + + + + + . + + + + + + + SUSAN L. ROEDER, 2004-5403 CIVIL PLAINTIFF No. VERSUS BRYAN WEARY, DEFENDANT + + + + + + + + + + + + + + + + + + . + + + + + + + + + + + + . + + . + + + . + + + + + + + + + . + + + + + + + + + + + + + + + + + + + + ... :-, " - ~'I'+:+:++Of.. ++ 't;~+ :+++:++Of.+'I' DECREE IN DIVORCE 4" 3: cJ'f lPt J~ IT IS ORDERED AND /ft-v 17 AND NOW, SUSAN L. ROEDER , PLAINTIFF, DECREED THAT BRYAN WEARY AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED MARCH 24, 2005 IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. B'rI ATTEST: (!~ ~ jtROTHONOTARY +++ +:+'1'+ J. ~?7Y/ izt;7 ::; /r#PTt?J/., )w j/' f' 1-cJh;>..r:? f;v z ~ t~p 1-'17) _C;CJ' -'31 " . '. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA <SUSAN C. r('DEWL Plaintiff Vs File No. 2004- 5403 IN DIVORCE ~(2.~NJ W8\()"'~ Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff I defendant in the above matter, [select one by marking "x"] _ prior to the entry of a Final Decree in Divorce, or L after the entry of a Final Decree in Divorce dated MA-l \ T I ,Zoo5 hereby elects to resume the prior surname of R.ot:Di;fl-. , and gives this written notice avowing his I her intention pursuant Date: 10. II. 05 COMMONWE~TH OF PENNSYLVANIA COUNTY OF I.tmlJe(/AP) On the L day of (b..n,B~ , ) , 20u.:>, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he I she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. rot ary or Not y Public NOTARiAl SEAL PROTHONOTARY, NOTARY PUBLIC CAIlUSlE CUMIlERl.AHO COUNlY COURT HOUSE MY COMMI~_~~N. EXPIRES JANUARY 2, 2006 ~ ~ n "" ~ c:::'> 0 ~ /:;:':::- <.n ., CJ ~ \ c:- -' [~;1~ ~ C':' ~ 1;:-) ~ <'..' ~- -~;~ ~L:~ '" N '1 <5rfi ., t CJ ::iJ \) 1':' -< ~ ~ J:r r~/~ ~