Loading...
HomeMy WebLinkAbout04-6452 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEAL TH OF PENNSYLVANIA KATHY L. ROFF, PLAINTIFF, Civil Action---Divorce DocketNo.N/-i,llS.z. c.u~t l~ V. DA VID J. ROFF, DEFENDANT, NOTICE TO DEFEND AND CLAIM OF 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. 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 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEAL TH OF PENNSYL VANIA KATHY L. ROFF, PLAINTIFF, Civil Action---Divorce ~ Docket No. OLJ - ~ LfS' ~ C u~L L CULt.--v" I V. DAVID J. ROFF, DEFENDANT, A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomare accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreta de divorcio 0 anulaminento puede ser emitido en su contra par la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la officina del Prothonotary, en la Cumberland County Bar Association, 2 Liberty Avenue, Carlisle, Pennsylvania 17101. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL. HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULIAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.USTED DEBELLEV AR ESTE P APELA UN ABOGADO DE INMEDIATO SI NO TIENEPUEDEPAGAR UN ABOGADO. V AYA 0 LLAME A LOFFICINAINDICADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASIS TENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYL VANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 3301 (a)(6)-------Indignities 23 Pa.C.S. & 3301 (c)----------Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. & 3301(d)----------Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Office of the Prothonotary Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. GREGORY S. HAZLETT, ESQUIRE ATTORNEY & COUNSELOR AT LAW IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA KATHY L. ROFF, PLAINTIFF, Civil Action---Divorce Docket No. f)/.{ ... I.... <';S- ~ C/~ct ~~ V. DA VID J. ROFF, DEFENDANT, COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE PARTIES 1. Plaintiff is Kathy L. Roff, an adult individual, sui juris an who currently resides at 2583 Alessandro Blvd, Harrisburg, 17110, in the County of Dauphin, Commonwealth of Pennsylvania 2. Defendant, is David John Roff, an adult individual, sui juris, who currently resides at 504 South Market Street, Mechanicsburg, 17055 in the County of Cumberland, Commonwealth of Pennsylvania. JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months. 4. The parties were married on the 14th day of July, 1979 in the County of Steuben, State of New York. 5. Neither the Plaintiff nor the Defendant is in the military or naval 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. 6. There have been no prior actions for divorce instituted by the plaintiff or defendant in this Commonwealth. COUNT I GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE. 7. For the purposes of section 3301 (d) of the Divorce Code, the parties have been living separate since October 15th, 2004. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code. 10. The parties have two biological children born within the marriage. 11. The parties have entered into a written agreement on the 15th day of December 2004 which settles all issues. COUNT I GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE. 12. The prior paragraphs are incorporated herein by reference. WHEREFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing and service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 3301(c) of the Divorce Code. GREGORY S. HAZLETT, ESQUIRE ATTORNEY & COUNSELOR AT LAW VERIFICATION I verify that upon personal knowledge or information and belief 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 unsworn falsification to authorities. ~v2 Kathy L. Roff, PI~ Date: IJ1(){O~ COJ ....;:) 1: ~ . C'_,) ':) -'-"It . , f:l :yJ N ~ '" 1-' ; A) c: . . .~ ~~.i ~ -- I P,.) - r~ J ! ,i 1 ~ ....() r,.: '..: I~:) C> , . ,. " , \- 8 ):" ~ i . , -- .. ~ c.) f"- Lil ,- W ~ ~ lS- ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA KATHY L. ROFF Plaintiff, No. 04-6452 v. Civil Action - Divorce DAVID J. ROFF Defendant ACCEPTANCE OF SERVICE I David J. Roll, accept service of the Complaint in Divorce, Notice to Defend and Notice of A vailability of Counseling in the above-captioned matter. I acknowledge that I am the Defendant in said matter or that I am authorized to accept on behalf of the Defendant. I d');;,S /0 V Date ( Q ~....~----- ~ ,t2,,//-;7"- David J. Roff, Defendant or Auth~Agent 5J;2.1? Dx. rOf1.f:> CirZcLC, 4:<3 ;t1t:CH1NJ'cS d<lfL., f-1 t 7D:f-S Mailing Address ~~ (:-,-, u r<:- r.T' -, -('I -"-'" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL VANIA KATHY L. ROFF, PLAINTIFF, Civil Action---Divorce Docket No. 04-6452 v. DAVID J. ROFF, DEFENDANT, CERTIFICATE OF SERVICE I, Gregory S. Hazlett, Esquire, hereby certify that on the 28th day of December 2004 I made service of the foregoing Divorce Complaint and related documentation upon the defendant David J. Roff by way of first class mail postage prepaid to the following address listed hereunder.. OA VID J. ROFF 5328 OXFORD CIRCLE # 23 MECHANICSBURG, PA. 17055 DATED: 4/18/2005 /y / r ory S. , sq re West Main Street Mechanicsburg, P A. 17055 717- 790-5500 :--) c-..:) c;:.> ~, "'11 :::] ~'" i-::. rJ 1...;:) " ~3 .~ ,r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA KATHY L. ROFF, PLAINTIFF, Civil Action---Divorce Docket No. 04-6452 V. DA VID J. ROFF, DEFENDANT, AFFIDAVIT OF CONSENT I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 22"d, 2004, and served upon defendant on December 281h, 2004 by way of an Acceptance of Service. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of service of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if! do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date: ~/'6lus ~ \~'4~ Ka hy L. Roff, PI tiff ~~:~ r<:> c:::;) c.~:) ,;..n ~i'l :::1 ;~tl ....0 " l~';._' rn IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA KA THY L. ROFF, PLAINTIFF, Civil Action---Divorce Docket No. 04-6452 v. DAVID J. ROFF, DEFENDANT, WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE I. I conscnt to the entry of a final Decrec of Divorce without notice. 2. lundcrstand that I may lose rights conccrning alimony, division of property, lawyer's fces 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 entercd by the Court, and that a copy of the Decree will be sent to me immediately after it is filed with thc Prothonotary. 4 I verify that the statements made in this Affidavit are truc and corrcct. I understand that false statemcnts herein are madc subject to the penalties of 18 Pa. e.S. & 4904 relating to unsworn falsification to authorities. Date: ~ I '?/ OS )~ I ~ -1. ~ L. Roff, P in tiff < ., ';;n ::::J \,C! :'~,) ,."., <.; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA KATHY L. ROFF, PLAINTIFF, Civil Action---Divorce Docket No. 04-6452 V. DAVID J. ROFF, DEFENDANT, AFFIDAVIT OF CONSENT I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 22"",2004, and served upon defendant on December 28th, 2004 by way of an Acceptance of Service. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of service of the divorce Complaint. 3. I consent to the entry ofa final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if! do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date: f ;/ch S- . if)) ~~~ // . .~ David J. Roff, Defendan- c f~') :~~~ .J. -" c..;. ,:[; :'(1 :;j ..,,-., --l: ::;\::;i r-n I..::-~' -I:' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA KATHY L. ROFF, PLAINTIFF, Civil Action---Divorce Docket No. 04-6452 V, DAVID J. ROFF, DEFENDANT, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE I. I consent 10 the entry of a final Decree of Divorce without notice. 2. I understand that 1 may lose rights concerning alimony, division ofpropcrty, lawyer's fees or expenses if J do not claim them before a Divorce is granted. J. 1 understand that 1 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 tiled with the Prothonotary. 4. ! veri fy 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: if!,,!c'5' . ~~ ~~.~. / )--- David J. Roff, Defenanf ~ c:: C~ . . :,.-,-.tl ,~, \..i::: N ('"'1 r.; 1CX!1.J -InLJ'Sl c, ,i \ , SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF KATHY L. ROFF AND DAVID J. ROFF THIS AGREEMENT, made this l5+h day of \)ece.9l\'oe..\ , 200~, by and between Kathy L. Roff, hereinafter referred to as" Wife, and David J. Roff hereinafter rcfcrrcd to as " Husband". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on 14th day of July 1979 111 Steuben County State of New York. WHEREAS. certain differences have arisen between the parties as a result of which they have separatcd and. and are desirous, therefore, of entering into an agreement which will provide for support. distribute their marital property. and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covcnants and promises mutually made and mutually to be kept. the parties heretofore. intending to be legally bound and to legally bind their heirs successors and assigns thereby. covenant, promise and agree as follows: I. srPARATTON' It shall be lawful for each party at all times hereafter to live separate and apart trom the other at such place or places as he or she may from time to time choose or deem fit. " INTrRFFRrNrr. Each party shall be free from interference, authority and contact by the other as hilly as if he or she was single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way intedere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried 3. WIFr's IWRTS. Wile represents and warrants to Husband that since their separation on or about October I S'h. 2004. she has not. and in the future she will not, contract or incur any debt or liability for which Husband or his estate might he responsible and shall indenmify and save Husband harmless from any and all claims and demands made against him by reasons of debts or obligations incurred by her subsequent to the entry of the divorce decree. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on or about October 15'h, 2004. he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims and demands made against her by reasons of debts or obligations incurred by him. (A) OUTSTANDING MARITAL DEBTS: It is represented as between the parties that there are currently joint marital debts incurred during the marriage and consisting of a home mortgage and financing on said home with Americhoice. Discover. Card. Wolf Furniture. Fairfield Timeshare. 5 LEGAL REPRESENTATION It is hereby acknowledged and understood as between the parties to this agreement that each is represented by legal counsel of his or her choosing. Husband has the right to retain an attorney of his choosing. The Wife is currently represented by Gregory S. Hazlett, Esquire. Each party has been fully advised of their respective legal rights and responsibilities and have accordingly reached this agreement voluntarily and knowingly. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to any and all legal or eqllltable claims not otherwise provided for or allowed within this agreement, inasmuch as the parties hereto agree that thiS Agreement provides for an equitable distribution of their marital property in accordance witb the Dlvorce Code of 1980. as amended. Subject to the provisions of this Agreement, each party has released and discharged. and by this Agreement does for himself or herself, and his or her heirs, legal representatives. executors. admll1lstrators and assigns, release and discharge the other of and from all causes of actIOn. clmms. nghts or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of actIOn for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Section 202 of the Divorce Code. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code. and taking into account the following considerations: the length of the marriage; the age. health, station, amount and sources of income. vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party 10 the education, training or increased earning power of the other party; the opportunity of each 2 , party for future acquisitions of capital assets and income; the sources of income of both parties' including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY The parties hereto have divided equallv all personal items conslstmg of. but not by wav of limitation. the household furnishings. appliances, and other household personal property of whatever tvpe, description. and form. between them. and thev mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal propertv presentlv in his or her possesSIOn. Should it become necessary, the parties each agree to sign, upon request. any titles or documents necessary to give effect to this paragraph . Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest is such benefits. From and after the date of the signing of this Agreement. both parties shall have complete freedom of disposition as to his/her separate property and any property which they have divided equally pursuant to this agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real of personal. whether such property was acquired before, during or after the marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed. mortgage, or other instrument of the other pertaining to such disposition of property. 8. REAL PROPERTY: The parties to this agreement have a legal, equitable and possessory interest in real property consisting of a marital home located at 504 South Market Street, Mechanicsburg, P A. 17055 It is hereby agreed as between the parties that they have placed the home for sale and anticipate a closing on said home on the 31" day of December 2004. It is hereby agreed that upon the sale of the home the proceeds left remaining after all outstanding liens and encumbrances have been paid shall be divided by the parties equally as between them. Husband shall remain in the household until the home is sold. In the event that the closing scheduled for December 31;t 2004 does not materialize, it is hereby agreed that the parties will IT.list the home immediately for sale or continue the existing sales contract until the home is sold. While the husband occupies the marital home until its sale he agrees to pay all related expenses including but not by way of limitation, mortgage, water, light, sewer, utilities and any and all other expenses related to his occupation of the home. If Husband vacates the home 3 prior to its sale, each party will pay one-half of all expenses related to the home until it is sold to a prospective buyer. In the event that either party fails to pay his one-half portion of the debts related to the home prior to its sale, that party shall be repaid from the proceeds of the sale of the home to the extent of that party's payments. Each party will sign all documentation necessary to facilitate the sale of the home. 9. PAYMENT OF MARITAL DEBTS! NON-MARITAL DEBTS (a) Husband hereby agrees and covenants to pay in a timely fashion as it becomes due the Americhoice Visa . and the personal loan held with Americhoice, Account # 32862-30 and shall indemnify and hold Wife harmless for any liability relative to the repayment of this debt. Additionally, husband agrees and covenants to pay all outstanding medical, dental, prescription, vision. or any other form of health care debt which he has incurred relative to medical or other treatments rendered to him in the past. present and future and shall indemnify and hold harmless Wife from any and all liability relative to these expenses. (b) Wife agrees and covenants to pay in a timely fashion as it becomes due the Discover Card. Master Card. Wolfe Furniture Account # 499601100224479 and the Fairfield Timeshare, as well as all outstanding medical. dental, prescription. vision, or any other form of health care debt which she has incurred relative to medical or other treatments rendered to her in the past, present and future and shall indemnify and hold harmless Husband from any and all liability relative to these expenses. Husband shall release and relinquish any and all claims to this Time-Share to Wife, with wife possessing exclusive legal. equitable. and possessory ownership of the Time-Share. 10. POST-SEPARATION OBLIGATIONS The parties agree and acknowledge that any and all obligations incurred by either party subsequent to October 15'h, 2004 the date of separation shall be the sole and separate liability and responsibility of the party incurring the obligation. Each party agrees that he or she will not attempt to, and/or incur any liability financial or otherwise, to which the other party may become liable in any capacity direct or indirect. To the extent that such party incurs a liability to which the other party may become liable. the party incurring such obligation shall indemnify and hold harmless the other party from any and all liability arising from such post-separation and/or future obligations. II. MOTOR VEHICLES Wife shall be entitled to retain both possession of and legal and equitable ownership of a 2002 Toyota Highlander, which is currently titled in her name. Wife shall pay any and all expenses related to her possession and ownership of this vehicle and shall hold husband harmless and indemnify husband in the event of non-payment of expenses related to her ownership and possession of said vehicle to the extent he could become liable. Husband shall retain possession and legal and equitable ownership of the 1995 Toyota Camry and shall pay any and all expenses related to his possession and ownership of this vehicle and shall hold Wife harmless and indemnify Wife in the event of non-payment of expenses related to his ownership and possession of said vehicle. Wife shall sign legal title of this vehicle into husband's name alone. 4 Each party shall execute any and all documentation necessary to convey any interest into the receiving party's name to give effect to the allocation of the aforementioned vehicles. 12. SUPPORT Each party forever releases, relinquishes, and forfeits any and all claims against the other for Spousal Support. Alimony Pendente Lite, Alimony, Costs and Expenses and any and all other claims of support of any kind. 13. PENSION PLAN(S): The parties release any interest in the opposite spouse's Pension, Retirement, Stocks, Bonds. 401 (k)'s IRA's or any other interest wheresoever located and which may have accumulated prior to. during or subsequent to the marriage. 14. COUNSEL FEES AND EXPENSES: Husband and Wife Acknowledge and agree that the provisions of this Agreement providing for the equitah1e distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provisions for their support and maintenance oetilre. during and after the commencement of any proceedings for divorce or annulment between the parties. Each party shall pay their respective counsel fees and shall not advance a claim for contribution from the other party. 15. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way. and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire. under the present or future laws of any jurisdiction, to share in the property or estate of the other as a result of the marital relationship, including without limitation, dower, curtesy. statutory allowance, widow's allowance, intestate share, right to take against the will of the other, and right to act as administrator or executor of the others estate. Each will, at the request of the other. execute. acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 16. INHERITANCE Husband hereby covenant's and agrees that he will relinquish, release and forever forfeit any and all claims to Wife's inheritance, both the principal, interest, as well as any increases in value of this inheritance. Husband further agrees that regardless of the nature of this inheritance whether it be tangible and/or intangible property real and/or personal he shall relinquish any and all claims to said inheritance that Wife shall receive as the result of the death of her mother. 5 17 SUBSEQUENT DIVORCE I ATTORNEYS FEES Should either party file a no-fault complaint in divorce this Agreement shall be incorporated into but shall not merge into any such judgment or decree of final divorce. 18. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other such remedies or relief as may be available to him or her, and the party breaching this Agreement should be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, or in Law and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party. the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties to not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of Equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed wlth an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for. in any way whatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of the terms or provisions of this agreement hy reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is tile specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect or enforce his or her rights under this Agreement. 6 19. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute. acknowledge and dehver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. ZO. YOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been completely reviewed by the parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the tlnancial affairs of the other which has been requested by each of them. 21 ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations. warranties. covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the division and distribution of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in tull and tinal settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 401(d) of the Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing any provision of this Agreement 22. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other party of all assets of any nature whatsoever in which such party has an interest the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 23 MODIFICATION AND WAIVER: A modification and waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement The failure of either party to ;mist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 7 24 PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect as well as any verbal agreements or representations occurring prior to the effective date of this instrument. 25. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no ellect whatsoever in determining the rights or obligations of the parties. 26. INDEPENDENT SEPARATE COVENANTS: It is specitically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 27 APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 28. VOID CLAUSES: If any terms. conditions, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from tillS Agreement and in all other respects this Agreement shall be valid and continue in full ((wee. effect and operation. 29 AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs. executors, administrators, successors and assigns. 8 IN WITNESS WHEREOF, the parties hereto have set their hand and seals the day and year first above wn en intending to be legally bound. Commonwealth of Pennsylvania County of Cumberland On this, the 15M ,day of OOV\'t;.er- A.D. 200 4 ,before me a Notary Public appeared Kathy L. Roff" known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrumel1l, and acknowledged that he executed the same for the purposes therein C011lained. IN WITNESS WHEREOF, I hereul1lo set my hand and official seal. ~//~~ Seal Loa/> ffi,~ /' Title of Officer ~ ,,~.=: .~~> I _ . 'j',\ David J. Roff ;\:';,1! 'dii-~Y c'l,c,-,,'_':n~er ~'i~Jl.3i";l ;---\.f-)i:C Lie..-,_;, (-'Jmbi-,,';: Ex";r,:;;, ",I, 1 I .:'Iv i i ., Commonwealth of Pennsylvania County of (;/JIY\\:;et-\Qf\o. On this, the 15*' ,day of Dece/"lDer- A.D.200~, before me a Notary Public appeared David ], Roff known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrumel1l, and acknowledged that he executed the same for the purposes therein contained. '/-',-;1(: ' IN WITNESS WHEREOF, 1 hereul1lo set my hand and official seal. ~~ tJJa/l ;ceO::- Seal Title of Officer 9 () .'n ::.::;J h :~n y_u ::;"~I "-.::~, n 1'- ()1 (..,. ..< IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA KATHY L. ROFF, PLAINTIFF, Civil Action---Divorce Docket No. 04-6452 V. DAVID J. ROFF, DEFENDANT, PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Please Transmit the record, together with the following information. to the court le,r entry of a divorce decree: ]. Grounds for divorce: irretrIevable breakdown under Section 3301(C) of the Divorce Code. 2. The complaint in Divorce was filed on the 22"d. day of December, 2004 and served by way of Acceptance of Service on the 28th day of December 2004. 3. The p1amtitf, signed her Affidavit of Consent and Waiver of Notice of Entry ofa Divorce Decree on the 8'h day of April 2005 whicb is attached hereto. 4. The defendant signed his Affidavit of Consent and Waiver ofNotJce on the 10'h day of April of 2005. 5. There are no related claims pending as between the parties hereto and listed herein to the extent that all marital issues have been settled by way of a marital separation agreement dated 15th day of December of 2004.. 6. The defendant signed a Waiver of Notice oflntention to Request Entry of Divorce Decree on the lOti' day of AprIl 2005 pursuant to Rule 1920.72 a copy of which IS attached hereto. .Date: 4/18/2005 o G ", "1:)\:)'; ,."...n"' f):-j' ~\,' ;;.C:. ,,-c 7(c.~ ~ ....' <g <J' ~ .,::> f'.") C"' "" .,:, Q, ...... "5-~ n'~ :9.;;:;:, c" ';'-'~- . t,::~C) ~i~. 5'~ -~ .- c.f1 cP - -------- :+:'f:+:o+.:t' ;+. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , :+'1':+ 'I''+i 't''t''t''I''t':+: .. ;+. ~'I''+':+:'t''I':+:;+.:+::+:'t';+.:+:~ :+:~ 't';+.:+: :+:;+. +~~:+:+'I':++:+;+':++~:++:+++;+':+:+:+:++:++:+:~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 't'+'t'+'t''t''t' 't'+'t''t' +'t' 't''t''I''t'++;+. 'f+++ +'+'++++;+'+;+'+'+'++'I';+.Of+++++,+,+,+,+? ;+.;+. Of + . .. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. K,', THY L. ROFF No. 04-6452 PLAINTIFF VERSUS OA vm .J. ROFF OFFFNOANT DECREE IN DIVORCE ~-3''fO~.1'1 AND NOW, M~3 2005 , IT IS ORDERED AND DECREED THAT KATHVT , PLAI NTI FF, ROFF, AND DAVID J. ROFF, , 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 Mllritlll Sepllrlltillll i\greemel't eY~Cl.t..<l on th.. 1 ::;th <lay of OprpmhPr ?OO::; .hall hp Incor orated into the Divorce Decree and By AmSa . ~ ~ 4pROTHONOTARY J. 1 _ ~ f?- .ptT,!"rv ?~t!; Jl7jl4;r ft1?J:- 1!J~~ ~7 - y'V ;;:'J ,>: y . - ~/] _.:? . s: " . Kathy L Roff IN THE COURT OF COMMON PLEAS v. PLAINTIFF, ) ) ) ) ) ) ) ) DEFENDANT ) CUMBERLANU COUNTY, PENNSYL VANIA CIVIL mVISION David J Roff NO. 04 - tJc\ 52- NQTICE QF INTENTION TQ RET AKE PRIOR NAME d Plaintiff/Defendant in the above matter, was granted a :Final Decree in Divorce, on the ~ day of May, 2005. He/She hereby elects to retake and h(~reafter use her previous name of Kathy L Tompkins, and gives this written notice avowing her intention in accordance with the provisions of 54 Pa. C.S.A. ~ 704. :h~\- New Name: KA1H ~ L lo/Y"\fl< I !JS ~ ~t[;~t~ On the ;l. "'\...~ day of June, 2005, before me, a Notary Public, personally appeared Kathy L Roff, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. ~\ ~M.~~ Notary Public C ONWl!.' F PENN NOIlIIielSoel Ilolh M. 1JbrleU~blic ~c.:'..~~~ Fob. 23~ -,Ponnol-_oI_ r: - Q. ..... '" IA I.r\ ~ '" <::> " ~ .f ~ ...:l 3 (') c: -otf: G;L~'; 7'C' ~~i ,;:c ?~.f: z :2 ...., :is "'"' ~ I ~ ~~ ::13~ ~3J ~ ~?f, N 2t ;. ~ <.t:>