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HomeMy WebLinkAbout05-2122 OriL1',t\;i \ ERIN E. ROZELL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV vs. : NO. nS' -;),/d.~ CHRISTOPHER J. ROZELL, Defendant CIVIL ACTION - LAW IN DIVORCE & CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend agains1 the clai s set forth in the following pages, you must take action. You are warned that, if you fail to do s ,the case may proceed without you and a decree of divorce or annulment be entered against y u by the Court. A judgment may also be en1ered against you for any other claim or relief reques ed in these papers by the Plaintiff, You may lose money or property or other rights important t you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the m you may request marriage counseling, A list of marriage counselors is available in the 0 the Prothonotary, Cumberland County Courthouse, One Courthouse Square, C Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPE LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULME 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 TELEP ONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET L GAL HELP. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, P A I7013 Telephone (800)-990-9108 ERIN E. ROZELL, Plaintiff : IN THE COURT OF COMMON PLEAS F : CUMBERLAND COUNTY, PENNSYLV IA vs. : NO. CHRISTOPHER J. ROZELL, Defendant : CIVIL ACTION - LAW : IN DIVORCE & CUSTODY A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las expuestas en 1as paginas seguientes, debe tomar accion con prontitud, se Ie avisa que si defiende, el caso pude proceder sin usted y decreto de divorcio 0 anu1amiento puede ser e itido en su contra por 1as Corte, una decision puede tambien seT emitida en su contra por cau quier otra queja 0 compensacion eclamados por e1 demandante. Usted puede perder din 0, 0 propiedades u otros derechos importantes para usted, Cuando la base para el divorcio es indignidades 0 rompimiento irreparab1 matrimonio, usted puede solicitar consejo matrimonial, Una 1ista de consejeros matrimo esta disponible en 1a oficina del Prothonotary, en 1a Cumberland Coun1y Court of Co Pleas, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DEC FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMTIDO, USTED PUEDE PE EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS. USTED DEBE LEV AR ESTE P APEL A UN ABOGADO DE INMEDIA T NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFI INDICADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTE LEGAL. Lawyer Referral Service of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PAl 7013 Telefono (800) 990-9108 vs. : IN THE COURT OF COMMON PLEAS F : CUMBERLAND COUNTY, PENNSYLV IA C!.~u~L ~ NO. ()S" - d./2.d-. ERIN E. ROZELL, Plaintiff CHRISTOPHER J. ROZELL, Defendant CIVIL ACTION - LAW IN DIVORCE & CUSTODY COMPLAINT UNDER SECTION 3301(C) OR 3301(0) OF THE DOMESTIC RELATIONS CODE AND NOW, comes Plaintiff, Erin E. Rozell, by and through her counsel, Lin a A. Clotfelter, Esquire, and files this Complaint in Divorce, respectfully stating in support there fthe following: I. Plaintiff is Erin E. Rozell, (hereinafter "Mother"), an adult individual who r sides at 2245 Old Hollow Road, Mechanicsburg Cumberland County, Pennsylvania 17055. 2, Defendant is Christopher J. Rozell, (hereinafter "Father"), an adult individ who resides at an adult individual who resides at 192 Edenderry Way, Eno1a, Cumberland C un1y, Pennsylvania 17025, Effective May 6, 2005, Father will reside at 1324 Norway Maple ourt, New Cumberland, Cumberland County, Pennsylvania 17070, 3. Both the Plaintiff and the Defendant have been bona fide residents f the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the fil ng of this Divorce Complaint. 4. Plaintiff and Defendan1 were married on October 28, 2000 III Cumb rland County, Pennsylvania, 5. The parties have been separate and apart within the meaning of the Pennsy vania Domestic Relations Code since November 20, 2004. 6. There have been no prior actions of divorce or for annulment between the les, 7. Defendant is not a member of the anned forces of the United S1ates or any fits allies, 8. Plaintiff avers that the marriage is irretrievably broken. 9. P1ain1iff has been advised of the availability of counseling and that P1ainti may have the right to request that the court require the parties to participate in counseling. Pl' ntiff does not desire counseling. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Di orce and gran1 such other relief as this court deems just and proper, Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Dated: It/, q 105 nda A. Clotfelter, Esquire orney 10 No. 72963 021 East Trind1e Road, Suite 100 Mechanicsburg, P A 17050 (717) 796-1930 Telephone (717) 796-1933 Facsimile Attorney for Plaintiff ERIN E. ROZELL, Plaintiff : IN THE COURT OF COMMON PLEAS F : CUMBERLAND COUNTY, PENNSYLV IA vs. : NO. CHRISTOPHER J. ROZELL, Defendant CIVIL ACTION - LAW IN DIVORCE & CUSTODY VERIFICATION I, ERIN E, ROZELL, verify that the statements in the foregoing DIV RCE COMPLAINT are true and correct 10 the best of my knowledge, information and bel f. I unders1and that false statements herein are made subject to the penal1ies of 18 Pa, C.S. S 4904, relating to unsworn falsification to authorities. Date:~ ERIN E. ROZELL ~ (.) ~ '1 - ...,p \) "-> ~ ('J t".-, C) - c.:? r c- C': (~"~) -, \ \) <.T' W -l) I'; ~ CY -1.'; "-> ~ , ?,) ...Q (, , \t N -''7 J .' -. ~j'~ r,:_' -' (.....'1 3 (...) ~ ,~ . ERIN E. ROZELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V VS. NO. IJS - ;)1).')... C;",c" L CHRISTOPHER J. ROZELL, Defendant CIVIL ACTION - LAW IN DIVORCE & CUSTODY JOINT STIPULATION OF CUSTODY , AND NOW, the parties, Erin E. Rozell and Christopher J. Rozell, enter into Joint Stipulation of Custody in Cumberland County, Pennsylvania, with regard to their child: Br den 1. Rozell, born August 10, 2002, age 2 years, respectfully stating the following: 1. Plaintiff is Erin E. Rozell, (hereinafter "Mother"), an adult individual who res des at 2245 Old Hollow Road, Mechanicsburg Cumberland Coun1y, Pennsylvania 7055. 2, Defendant is Christopher J. Rozell, (hereinafter "Father"), an adult individu 1 who resides at an adult individual who resides at 192 Edenderry Way, Enola, Cum r1and Coun1y, Pennsylvania 17025. Effective May 6, 2005, Father will reside a 1324 Norway Maple Court, New Cumberland, Cumberland Coun1y, Pennsylvania 7070. 3. The parties are the natural parents of one (1) child, namely Braden J, Roze1 , born August 10, 2002, age 2 years (hereinafter referred to as the "Child"), 4, No Order of Court for custody of the Child presently exists between the parti sand the parties now seek to have an Order of Court entered that includes the terms f this Stipulation, 5, Since their separation, the parties have continued 10 live in the marital res dence while preparing it for sale. 'I 6, The parties seek to establish a custody schedule to be exercised due to their s parate residences. 7, The parties now stipulate and agree to the terms of this agreement to estab ish an Order for Custody to be docketed to the above-referenced civil docket num r. 8, The proposed custody order is in the best interest of the Child because it provi es the child with continuing contact with both parents and a structured schedule tha takes into consideration each parent's work schedule and availability, 9, The parties further expressly agree that they shall each be flexible with the c stody arrangements and each party shall not unreasonably withhold their consent t alter the schedule of the Order for Custody when requested by the other party, Th yalso agree to listen carefully and consider the wishes of the Child in addressi g the custodial schedule, and changes to the schedule, and any other parenting iss s, 10, The parties stipulate and agree that the terms for custody of their child shall be as follows: a ) Legal Custody - The parties shall have shared legal custody of the inor child. Except in the case of an emergency, all major parenting dec sions concerning the health, education and safety will be made by agreem nt of both parents, It is further specifically agreed that both parents sh 11 be entitled to equal access to all school, medical and dental records, b) Phvsical Custody - The parties specifically agree to share equally ph sica1 custody of the Child as follows: 1. The parties shall base their custody schedule on two (2) seven ( ) day weeks, Each seven (7) day period shall be divided into thr e (3) separate periods of custody. The first period of custody shall b from Monday through Tuesday (hereinafter "period one"); the s cond period of custody shall be from Wednesday through Thu sday (hereinafter "period two"); and the third period of custody sh 11 be from Friday through Monday morning (hereinafter the "we kend period of custody.") ii. It is the intent of the parties to alternate the cu~tody peri ds as described herein, Accordingly, effective April ~,2005, uring week one, Mother shall have custody period one, Father sha I have custody period two and Mother shall have custody duri g the weekend period of custody, For week two the parties alterna such that Father shall have custody period one, Mother shall have c stody period two and Father shall have custody during the weekend eriod of custody, The parties will then alternate weeks one and tw until further Order of Court. The specific times for transfers shall be as agreed upon by the rties, iii, c) Holidavs - The parties shall determine upon mutual agreement hich holidays shall be designated as holidays for the purposes ot this c stody stipulation. Said holiday periods of custody shall be determined by the arties upon mutual agreement. To that end, the parties intend to be t1exib1e w th the holiday periods of custody which shall supercede the regular c stody schedule, d) Christmas - The parties agree that the Christmas holiday shall be share upon mutual agreement of the parties. It is specifically agreed that the chil shall remain in the Harrisburg area for Christmas until reaching the age of te (10) years, e) Father's/Mother's Day - Father shall have physical custody every Fa er's Day and Mother shall have physical custody every Mother's Day rega less of the regular custody schedule, f) Vacation - Mother and Father agree that they shall each be entitled to t 0 (2) non-consecutive weeks of custody each summer for the purpose of vaca 'ons, Each party shall give at least 30 days' advance verbal notice to the other arty of their intended vacation custody periods and the first party giving n tice shall prevail in the event of a conflict g) Agreement to Vary - Mother and Father, by mutual agreement, may vary 'rom this schedule at any time, but the Order shall remain in effect until ether party petitions to have it changed, h) Transportation - The parties agree that they shall share equally the responsibility of transportation with the parent receiving custody of the hild being responsible for transportation for that transfer. i) Extracurricular activities - Each party shall provide the other with at ast forty-eight (48) hours advance notice of school or other activities when ver possible, Both parties shall agree to honor and participate in the activ ties " that the Child wishes to engage in. During the times that the paren have custody of the Child, they will make certain that the Child atten s any extracurricular activities. The parties agree that they will be supportiv of the activities and will transport the Child to and from such activities a d the preparations and practice for the activities that are scheduled, in such t me so that the Child is able to participate in those events, j) Contact information - Each parent shall keep the other parent notified of his or her address and telephone number. k) Child's well-being. The parties realize that the Child's well-be ng is paramount to any differences they might have between thems Ives, Therefore, they agree that neither party will do anything that may estran e the Child from the other parent, injure the opinion of the Child as to the other parent, or which may hamper the free and natural development of the C ild's love or respect for the other parent. I) Modification - No modification or waiver of any of the terms hereof sh II be valid unless made in writing and signed by both of the parties. m) Order of Court - The parties expressly stipulate and agree to have the ter s of this Stipulation entered as an Order of Court for child custody to the a ove- captioned docket. n) Restraints - Each party expressly agrees to ensure that the Child are pro erJy secured in the proper child seat/restraints and seat belts when the ch' d is transported in an automobile and the parties also agree that neither party hall consume alcoholic beverages prior to transporting the child, 12. This Agreement is binding and enforceable when signed by Erin E, Rozell and Christopher J. Rozell. Both parties agree that this Stipulation shall be incorpor ted into an Order of the Court of Common Pleas of Cumberland County, Pennsylvan a to the above-captioned docket number and they further agree that this Stipulation lIy resolves any and all child custody issues between the parties, , : WHEREFORE, the parties ask that this Honorable Court enter an Order in accordan e with their Agreement. We verify that the statements made in the foregoing document are true and correct to t e best of our knowledge, information and belief, We understand that false statements herein ar made subject to the penalties of 18 Pa. C.S. &4904 relating to unsworn falsification to authoritie WITNESSES: ERIN E. ROZELL ,I .'.' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CJ^VV\hIAlaf~ On this /qth day of ~ ss. , 2005, before me, the under . gned officer, personally appeared ERIN E. ROZELL, known to me (or satisfactorily proven) to e the person whose name is subscribed to the within Agreement, and acknowledged that she execut d the same for the purposes therein contained. NOTARIAL SEAL Stephanie M. Rider, Nota Public Camp Hill Boro, Cumberlan County My Commission Expires Oct 31, 2005 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND On this J-o day of Apr/ L./ , 2005, before me, the undersi ned officer, personally appeared CHRISTOPHER J. ROZELL, known to me (or satisfactorily prov n) to be the person whose name is subscribed to the within Agreement, and acknowledged th t he executed the same for the purposes therein contained. "'~ ",:".,'{,j.'1 , k~i;!"jj1)it~L."C.\i6.. 11 ~J.KOiA w.r I: ~~~Q!Jf~.. Ii ~"'--'-_hft-C:1. i/'~"""'i'"- ;i:I~"l~~m~._'l.~~ G> rv. ~ 'f- }J C> e ..l0- B \) \) ~ l?- ~ .-' c-'.:) .;:':1 CJ"' (~) ~,~ '2 ~~ ::i~:~ ::::.~) I-..J rv o -n .--\ --c. {'\l -c ::.; L::? (,") ~--' J RECEIVED APR 271005/ j ~RIN E. ROZELL, : Plaintiff I ~HRISTOPHER J. ROZELL, Defendant vs. ; IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. ()\ -~J~~ C ;Ul'l ~02.~ ; CIVIL ACTION - LAW ; IN DIVORCE & CUSTODY ORDER AND NOW, lhis f'I ~ Jf day of ,2005, upon consideration oflhe i ~oint Stipulation of Custody, the Court hereby incorporates lhe Stipulation by reference into this I ider of Court. I i ! BY THE COURT: /~ ~~") r ,J. ~ (1,dJ ~~ o L2:IIH~ 8ZHdVsODZ AtlVlC;,OcilOdd 3H1 .:lO J8!H)-{J31I::J ERIN E. ROZELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-2122 CIVIL TERM CHRISTOPHER J. ROZELL, Defendant CIVIL ACTION - LAW IN DIVORCE & CUSTODY ACCEPTANCE OF SERVICE I, CHRISTOPHER J. ROZELL, Defendant in the above-captioned maller, hereby accept service of the Complaint Under Section 3301(c) or 3301(d) of the Domestic Relations Code. Date: 1/ d fjD5' I r-' t-;:? <.:-::-" .-:',..."" ,. ..;;"", :;.:~,~ ") '"' -'. :r: -r} ;:11\,::. -() ~:.-" --~j')" !;;- ,,-, ~ "'-., -:j~. ~1'~ C}. :('1 ; -1':" -':: ~-' '" ~ ~ :~< - - I , ERIN E. ROZELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYL VANIA VS. : NO. 05-2122 CIVIL TERM CHRISTOPHER J. ROZELL, Defendant ; CIVIL ACTION - LAW : IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE AND NOW, this ~ day of May, 2005, the undersigned hereby certifies that a true and correct copy of the foregoing ACCEPTANCE OF SERVICE was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Christopher J. Rozell 192 Edenderry Way Enola, P A 17025 Date: .s!:J los ! da A. Clotfelter, Esquire orney ID No. 72963 021 East Trindle Road, Suite 100 Mechanicsburg, P A 17050 (717) 796-1930 Telephone (717) 796-1933 Facsimile Attorney for Plaintiff r-' ~ .'OJ.... ~~" 3;~ s~~ \ :;:" -ci -: - --------- t)f"c., tf ERIN E. ROZELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA vs. ; NO. 05-2122 CIVIL TERM CHRISTOPHER J. ROZELL, Defendant : CIVIL ACTION - LAW : IN DIVORCE & CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) oflhe Divorce Code was filed on April 22, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to lhe entry of a final decree of divorce after service of notice of intention to request entry of lhe decree. 4. I understand lhat I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim lhem before a divorce is granted. I verifY lhat lhe statements made in this Affidavit are true and correct. I understand lhat false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to aulhorities, Date: ~ II loj I $) 2 fOJzetL-. Erin E. Rozell, Pllnntiff <2 "'" ~"''' orl",'{):; ~>\,", :';;i~ ' (J'? ~, r:;; ~~~ (:2- ?"C::- ~ ~ Q. <"1 ~ ~:J:l 'e; ~m - 9.~~ C1' -r:.:.1d ~ <;'2~ :;s:. ~ t:3 z ." ~ - ....l - (iI..w.to/::-, ERIN E. ROZELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-2122 CIVIL TERM CHRISTOPHER J. ROZELL, Defendant : CIVIL ACTION - LAW ; IN DIVORCE & CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301 (C) OF THE DIVORCE CODE I. I consent to lhe entry of a final decree of divorce wilhout notice. 2. I undersland that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim lhem before a divorce is granted. 3. I undersland that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed wilh lhe Prolhonotary. I verifY that lhe statements made in this affidavit are true and correct. I undersland that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to aulhorities. Date:~ StJ. E ~L Erin E. Rozell, Plaintiff >2 -o~ ;g.~~: ' ,,;:....., (.f).!: -< ~< ~<: i:( ~ ",-'C, ""'"'C:: ~ ..., = = "" :t>" c:: G? a-. -0 ::;.t r::? ~ :t l" :!1 :8E9 06 ---! . :c::t1 00 Ern ~ ..... ERIN E. ROZELL, Plaintiff ; IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-2122 CIVIL TERM CHRISTOPHER J. ROZELL, Defendant ; CIVIL ACTION - LAW ; IN DIVORCE & CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 22, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from lhe date of filing and service of lhe Complaint. 3. I consent to lhe entry of a final decree of divorce after service of notice of intention to request entry of lhe decree. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim lhern before a divorce is granted. I verifY lhat lhe statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to lhe penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to aulhorities. Date: K A/(J r ~~ " ~ Q. c ~"". C %-n '-'~r',:::~. r.\ " ~ --:::::.. ':~:. CO> ?h>:' - :B~ 0" Q "-.:..1, ~'~ ~.-:i-\ ~.< -0 )?(' t5~ ~It~, ~ ''''R. ~ S z. ~ -~ - .-<. .....l [}v'J:> ;1 ERIN E. ROZELL, Plaintiff ; IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-2122 CIVIL TERM CHRISTOPHER J. ROZELL, Defendant ; CIVIL ACTION - LAW ; IN DIVORCE & CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 6 3301 (C) OF THE DIVORCE CODE 1. I consent to lhe entry of a final decree of divorce without notice. 2. I understand lhat I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim lhem before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by lhe Court and lhat a copy oflhe decree will be sent to me immediately after it is filed wilh lhe Prolhonotary. I verify that lhe statements made in this affidavit are true and correct. I understand that false statements herein are made subject to lhe penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Date:-T/~J ~~ Q C:;c", <. -"'t}i-jj r0('" ~.~[ tIl,,: ::.s,~ ~\- "J'-' 'C ~/ \... p~: -:;- 3. ~ :;7. ~ G) -0 :;!l: i9 ~ ?A:1:l :J3~ 06 ~~ C)B 5m ::0\ ~ - :;,:: -' - CP o-"~'J',(' MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this li day of April, 2005 between ERIN E. ROZELL, (hereinafter referred to as WIFE) and CHRISTOPHER J. ROZELL, (hereinafter referred to as HUSBAND). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 28, 2000, in Cumberland County, Pennsylvania; and WHEREAS, there is one minor child of the parties, namely, Braden J. Rozell, born August 10, 2002 (age 2 years); and WHEREAS, disputes and difficulties have arisen berween the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and futnre support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of marital property; and, in general, the settling of any and all claims 'md possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Wife has been represented by Linda A. Clotfelter, Esquire, and that Husband has been informed of his right to have independent legal counsel in this proceeding, but that Husband has chosen not to be represented by counsel. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. WHEREAS, the parties acknowledge that they fnlly understand the facts, and they acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, 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 improper or illegal agreement or agreements. -1- NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legall y bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreemtmt. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter 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 act, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy or widow's or widower's rights, family exception 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 law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereaftf:r have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the -2- execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acqnire, 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 provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel fees, costs and expenses incurred or to be charged by any counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafte:r in Paragraph 23. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any -3- provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. However, it is expressly undersrood that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insnrance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent tot the execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this agreement. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a court hold hearings and make a decision on the matters covered by this Agreement, which court decision concerning the parties' respective rights and obligations might be different -4- from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procednral rights: a. Determination of Marital and Non-Marital Property: The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. b. Other Rights and Remedies: The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 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 3502 of the Pennsylvania Divorce Code. The division of existing marital property is not 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 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. MOTOR AND OTHER VEHICLES. With respect to the motor vehicles owned by one or both of the parties, the parties agree as foJlows: 1) 2005 Ford Escape (Leased): Wife shall have exclusive use and ownership of the 2005 Ford Escape that is jointly leased through Ford Motor Credit. Wife will take all steps necessary to remove Husband's name from this automobile lease as soon as possible provided that it is possible to do so without buying out the lease prematurely. If necessary, Husband shaJl execute any and all documents waiving any rights he may have in the vehicle including said title. Wife shall be solely responsible for any and all financial and other liabilities and obligations related to this vehicle, including but not limited to the lease obligation with Ford Motor Credit as well as any other subsequent lease or secured loan secured by the vehicle and she shall hold Husband harmless from same. -5- 2) 2000 Nissan Pathfinder: The parties agree that the 2000 Nissan Pathfinder in joint names and encumbered by a secured loan with USAA, shall become Husband's sole and separate property. Husband will take all steps necessary to remove Wife's name from this automobile lease as soon as possible. If necessary, Wife shall execute any and all documents waiving any rights he may have in the vehicle including said title. Husband shall have exclusive use and ownership of the 2000 Nissan Pathfinder and he shaH be solely responsible for any and all financial or other liabilities and obligations related to this vehicle, including but not limited to the secured loan through USAA and he shall hold Wife harmless from same. 3) Identification: Identification of a vehicle herein shaH include not only the Vehicle, but also the sale or trade-in value thereof if it has been sold or traded in prior to the date of this Agreement. 4) Transfer of Titles: The titles to the Vehic\e:s shall be executed by the parties, if appropriate, for effectuating the transfer as herein as soon as is administratively possible, acknowledging that same may be delayed due to the encumbrances on the vehicles. 5) Title and Power of Attorney: For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the Vehicle is unavailable due to financing arrangements or otherwise. 6) Liens: In the event that any Vehicle is snbject to a lien or encumbrance, the party receiving the Vehic1e as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. 7) Waiver: Each of the parties hereto do,es specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall be come the sole and separate property of the other party pursuant to the terms of this Paragraph. 8) Insurance: Wife shall be solely responsible for maintaining the automobile insurance on the 2005 Ford Escape and Wife shall hold Husband harmless for same. Husband shall be solely responsible for maintaining the automobile insurance on the 2000 Nissan Pathfinder, and Husband shall hold Wife harmless from same. B. REAL ESTATE. The parties acknowledge that they jointly own a residence situate at 192 Edenderry Way, Enola, Cumberland County, Pennsylvania -6- (hereinafter the "Real Estate"). It is also acknowledged that there is a first mortgage on the property, (hereinafter the "Mortgage"). With respect to the Real Estate and the Mortgage, the parties agree as follows: a. Occupancy. The parties agree that both parties shall be entitled to occupy the Real Estate until such time as it is sold. Accordingly, pending the sale of the Real Estate, the parties shall share equall y all expenses related to the Real Estate, including, but not limited to the Mortgage, real estate taxes, insurance, utilities and the like. The parties also agree to cooperate fully in the listing, marketing, and sale of the Real Estate and they further agree to execute immediately upon request, any documents necessary for same. b. Distribution of Proceeds Upon Sale or Other Convevance. Upon the sale of the Real Estate, the net proceeds derived, after payment of the mortgage and all other normal and reasonable settlement costs, shall be equally distributed between the parties. C. RETIREMENT ACCOUNTS. PENSION F'LANS AND INVESTMENT ACCOUNTS. Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan, and/or other retirement type plans or investment accounts of the other party, whether acquired through said party's employment or otherwise (hereinafter "the Retirement Plans"). Hereafter the Retirement Plans shall become the sole and separate property of the party in whose name or I:hrough whose employment said plan or account is held or carried. If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. For the purposes of disclosure, the parties acknowledge the existence of the following accounts: Husband has a 401(k) through Augustine, Inc., an AIM Fund, and two (2) mutual funds; and Wife has a 401(k) through Pennsy Supply. The parties have shared with each other the values of each account. D. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto have divided between themselves, to their mutual satisfaction, all items of -7- tangible and intangible marital property as per Exhibit "A" attached hereto and incorporated herein as if fully set forth. Neither party shall make any claim to any such items of marital property designated to the other party, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become neoessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. E. DISTRIBUTION OF CASH ASSETS. STOCKS AND BONDS. The parties acknowledge that they have three joint accounts through Member's 1st Federal Credit Union including a checking account, a savings account, and a money management account. It is specifically agreed by the parties that they will continue to share the accounts until such time as the Real Estate is sold. At the time of the real estate settlement on the sale of the Real Estate, the parties will equally distribute the sums deposited in the marital bank accounts with the exception of the savings account which shall be distributed equally after the first $870.00 is distributed to Husband. The parties further agree that they shall retain as their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names, except any such funds or accounts otherwise designated in this Agreement. F. PERSONAL INJURY LITIGATION CLAIM" The parties specifically agree that Husband shall be entitled to any award and/or settlement funds related to his automobile accident and Wife shaH waive any and aH rights to same. 8. DEBTS. A. Husband's Debt. Husband represents and warrants to Wife that since the separation 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 he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. -8- B. Wife's Debt. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. C. Marital and Non-Marital Debt. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, the parties agree that the distribution of both marital and non-marital debt shall occur at the time of the sale of the Real Estate upon mutual agreement. The parties also agree as follows: 1. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise specifically provided herein, there shall be no adjustment for the payment of any portion of the marital debts that a party may have made prior to the execution of this marital Agreement, whether or not that debt is specifically referenced in this Paragraph. 2. Wife's debts: Wife shall be solely responsible for the following bills and debts: i. Ford Motor Credit Lease: The I'ease obligation for 2005 Ford Escape and any restructuring or refinance of same and well as any and all other expenses and liabilities related to the 2005 Ford Escape including but not limited to the automobile insnrance for same. ii. One-half (1/2) of the mortgage and other household expenses: Fifty (50%) Percent of the first mortgage on Real Estate and the other financial obligations related to the marital residence as more specifically described in Paragraph 7(B), above. iii. Retirement Funds: Any and all taxes and/or penalties resulting from her withdrawal of funds from any Retirement Plans as referenced in Paragraph 7(C) herein; and iv. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. -9- 3. Husband's Debts: Husband shall be solely responsible for the following bills and debts: I. USAA Automobile Loan: The secured loan in joint names for the 2000 Nissan Pathfinder utilized by Husband and any and all other expenses and liabilities related to the 2000 Nissan Pathfinder including but not limited to the automobile insurance for same. n. One-half (112) of the mortgage and other household expenses: Fifty (50%) Percent of the first mortgage on Real Estate and the other financial obligations related to the marital residence as more specifically described in Paragraph 7(B), above. Ill. Retirement Funds: Any and all taxes and/or penalties resulting from her withdrawal of funds from any Retirement Plans as referenced in Paragraph 7(C) herein; and IV. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name, and not otherwise provided for herein, and Husband expressly agrees to hold Wife harmless for same, without exception. 4. Marital Debt: The parties acknowledge that there are certain marital debts that will be distributed at the time of the settlement for the sale of the Real Estate. Those accounts will be addressed at that time, and if necessary, the parties will execute an Amendment to Marital Settlement Agreement if either party requires it. D. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. This includes but is not limited to any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. E. No Further Charges on Joint Debts: Neither party shall make any further charges on any joint debt for which the other party may be responsible after the date of the settlement of the Real Estate, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. F. Non-Disclosed Liabilitv: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and -lD- the party incurring or having incurred said debt shall pay it as it becomes due and payable. G. No Further .Toint Debt: From the date of this Agreement throngh the date of the real estate settlement for the sale of the Real Estate, the parties may incur joint debt for household expenses which benefit both parties and their child only and said joint debt shall be with notice of same to the other party. Upon the date of the sale of the Real Estate, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. 9. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement agreement and the divorce proceedings related thereto. Each party hereby waives any right and/or claim each may have, now or in the future, against the other for counsel fees, costs and expenses. 10. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY. Except as otherwise provided herein regarding Husband's payment to Wife of his share of the expense for medical insurance for Husband and one-half of the child's expense for same, both parties accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for spousal support, alimony, alimony pendente lite, counsel fees or expenses. 11. CHILD SUPPORT. The parties agree that, given their respective incomes and their intent to share physical custody of the child, that there shall be no order for child support entered. The parties do agree however, to share equally the expense incurred for the child's medical insurance coverage through Wife's employer, any unreimbursed medical expenses incurred for the child, and the child's daycare expense. Accordingly, at this time, given the fact that the current daycare expense for the child is $130.00 per week, the parties agree to each pay the sum of $260.00 for each four (4) week period. The parties agree to pay the day care provider directly and to provide proof of payment to the other party upon request for same. If one party does not make the requisite daycare payment as per the terms of this paragraph and the other party is required to pay same, then the party forced to pay the delinquent sum that was not paid -11- by the offending party shall be entitled to recover the sum paid through the courts, if necessary, with interest at a rate of fifteen (15%) percent per annum. The sum to be paid by Husband to Wife for the medical insurance is more specifically addressed in the next paragraph. 12. MEDICAL INSURANCE. The following shall apply regarding medical insurance on the parties and their minor child: A. Medical Insurance for Spouse: It is acknowledged that Wife's medical insurance through her employer presently insures Wife, Husband their child at a cost to Wife of $55.00 per week. The parties agree that Wife shall continue the coverage for Husband, provided that he pays her $108.00 per month for same until the date of the entry of the divorce decree with Husband's payments to Wife beginning the first day of the first month following the effective date of this Marital Settlement Agreement. Also, if applicable, the other party shall be entitled to elect COBRA coverage under their spouse's employment policy in accordance with federal rules and regulations provided that he or she shall be solely responsible for the payment of any and all costs associated with the COBRA coverage, but any expenses incurred by Husband after the entry of the decree shall be Husband's sole responsibility. B. Medical Insurance for Child: Wife shall continue to provide medical insurance coverage on the Child as long as same is available through her employment at a reasonable cost. Husband shall pay for the cost of his medical coverage and one- half of the cost of the coverage for the child with Husband's payments to Wife beginning the first day of the first month following the sale of the Real Estate. It is also specifically agreed by the parties that they shall share equally any unreimbursed medical expenses incurred for the child within ten (10) days of a request for same. 13. LIFE INSURANCE. The parties acknowledge that they each have one (1) life insurance policy through USAA and one (1) life insurance policy through their employer. Except as otherwise provided herein, each party shall retain any life insurance policies titled to him or her provided that for each policy the party owning same must name the other party as beneficiary in the capacity as Trustee for their child, Braden J. Rozell, until Braden attains -12- eighteen (18) years of age. At or after the parties' son attains eighteen (18) years of age, the parties may name the beneficiary of their choice. 14. EDUCATIONAL EXPENSES. The parties each acknowledge herein that it is their intent to contribute to the expenses associated with the college or other post-high school education for the child, to the extent that they are financially able at that time. Such expenses would include, without limitation, tuition, room and board, lab fees, miscellaneous student fees, books and student supplies, transportation expenses for summers and other school breaks, clothing and miscellaneous spending money, however, the provisions herein acknowledging the parties intent, shall not in any manner, confer third party beneficiary rights unto the child for the payment of said expenses. If applicable, both parents shall be involved in and have input into the choice of academic institutions selected by the child. Further, the child will be required to apply for and to use all possible grants, scholarships and work-study programs and any of their own income or assets before the parties are responsible to contribute to her college expenses. 15. RECONCILIATION. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 16. INCORPORATION IN FINAL DIVORCE DECREE. It is the intent of the parties to pursue a no-fault divorce decree through the Conrt of Common Pleas of Cumberland County, Pennsylvania. Either party is free to pursue the divo:rce proceeding and both parties specifically agree to execute any and all documents necessary to obtain a divorce decree, including but not limited to an affidavit of consent and waiver of notice, within seven (7) days of a request for same. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any Court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any -13- support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, thaI: this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 17. DATE OF EXECUTION. The "date of execution" or "execution date" of the 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 the Agreement. 18. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 19. 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. 20. BREACH. If either party breaches any provision of this Agreement, the other party shall have the following rights and remedies, at his or her election, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: a. Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. b. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. -14- c. Divorce Code Remedies: The right to all remedies set forth in Section 3502( e) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. 789 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. d. Other Remedies: Any other remedies provided for in law or in equity. e. Considerations for Reasonable Attorneys Fee:!: Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendewd; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. 21. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 22. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 23. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, inclnding Deeds and other real estate-related docnments, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 24. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 25. WARRANTY. Husband and Wife again acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fair and equitable to each of them. 26. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. -15- 27. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This agreement is execnted in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: &;J2-~ ~r:e1G ERIN E. ROZELL /3-0 etft -16- COMMONWEALTH OF PENNSYLVANIA COUNTY OF etA l^A ~ On this ~ day of ~ ,2005, before me, the undersigned officer, personally appeared ERIN E. ROZELL, known to me (or satisfactorily proven) to be the ss. person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. 9 b/)~4. /lYt ~ .L.V NKary Public NOTARIAL SEAL Stephanie M. Rider. Notary Public Camp HIli Bora, Cumberland County My Commission Expires Oct. 31. 2005 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND On this 20 day of Na ~ , 2005, before me, the undersigned officer, personally appeared CHRISTOPHER J. ROZELL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. fi..... ---- ~~~, _IiIOIMlALSE" c, -_.l.1CQB, "" 1!;lllfu_ tllllO~==ea.1 OJ.. " L~OlU'._ - ' .' " ~ DISTRIBUTION OF ASSETS - CHRIS o Dell computer with desk & accessories o 2 pieces of dressers, 1 nightstand, guest bedroom bed, golf lamp o 32" TV o DVD Player, VCR, Playstation o His stereo o Broyhill chair o Green couch o Blue couches o Blue rug o Grill o All of Jeff's stuff o White crib o White dresser o Kitchen table with 6 chairs o Smaller kitchen table with 4 chairs o 2 plants with one stand o Pressure washer o Green bathroom stuff, Blue bathroom stuff o Gparents table & 2 light blue chairs o Newer coffee pot o Shredder o Amish big picture o Computer room TV o Braden sign above his crib o Gate o Big Christmas tree & decorations o 2 Lamps downstairs o Dining room little tables o Teakwood motorcycle o Tall halogen lamp, other bedroom lamp o Lawn mower o Weed wacker o Vacuum o Coffee tables & end tables o Mickey mouse mirrors o Braden toy chest o Stereo chest o Video camera o Iron I ironing board EXHIBIT "An ERIN o Master bed, dresser with mirror, nightstand o Playroom TV o Bedroom TV o Mirror o Flower big picture o Wreath in Braden's bedroom o Wreath in living ro~m o 4 framed pictures (hope, faith, love, joy) o Digital camera o Shoe rack (closet) o Small radio (kitchen) o VCR o Her stereo o Backer's rack o Baskets with green leaves o One plant stand o Gate o Vanity o Swifter Wet Jet o Treadmill o Dining room table & hutch o Rocking Chair o Small Christmas tree o Papertowel holder o Toaster o Front porch table & chairs o Deck furniture o Swing o TV trays o 2 little lamps in bedroom o Bed rail for Braden's bed o Black microwave in basement Erin would have to buv: Grill Vacuum cleaner Lawn mower Garage door opener Iron / ironing board Master bathroom accessories Dresser for Braden's room Chris would have to buy: ~ ..,-::,,, .' Q. -.::t:r". \" IV :?1(,-( ')() C~.l, ~_" :"0;"" _1"\ {~-\~ ?~\ ~. .3. -- '-" n ~;; ~~,\" f:,;' .-'! ~ <.r' ",.. c:." G ~,./ ..- "" ',- r~ ~ , c.' .:i'~ J \:i0:. ::.>, -'- s:- .' ~" ERIN E. ROZELL, Plaintiff : IN THE COURll OF COMMON PLEAS OF ; CUMBERLANU COUNTY, PENNSYLVANIA V8. ; NO. 05-2122 CIVIL TERM CHRISTOPHER J. ROZELL, Defendant : CIVIL ACTION - LAW : IN DIVORCE & CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit lhe record, togelher with lhe following information, to the Court for entry of a divorce decree: 1. The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. The Complaint was filed on April 22, 2005. 3. Date and manner of Service of lhe Complaint: April 28, 2005 by Acceptance of Service of Defendant, as evidenced by the same filed on May 4, 2005. 4. The Plaintiffs Affidavit of Consent was executed by the Plaintiff on August 1, 2005 and filed on August 16, 2005. The Defendant's Affidavit of Consent was executed on August 6, 2005, and filed on August 16, 2005. 5. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on August ], 2005, and said waiver was filed on August ]6,2005. Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of lhe Divorce Code on Aug~t 6, 2005, and said waiver was filed on August ]6, 2005. 6. There are no rela1ed claims pending. The parti,es have resolved all related issues by written Marital Settlement Agreement da1ed Apri] ] 9, 2004, which will be incorporated into lhe Divorce Decree as per Paragraph 16 on page I3 of lhe Agn:ement. Respectful]y submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: 73/' '1/05 I "-.. Li da A. Clotfelter, Esquire tomey J.D. No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, P A 17050 (717) 796-1930 telephone (") G ~~ -orr: lnr: c7 ""\' , ~'-;'. -< . '2L ~p( ::; ('; ':PC:: ~ ~ ~ ~ C") - \D -0 :% :r;. ~ ~~ -<lm -1)q '2,C) :.~1: :\i 0,0 Z(T1 ,~ ,::,::", ?is "< - N . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. :f. :to ;t= :+: . ;F.;t; ,> . . . . . IN THE COURT OF COMMON PLEAS . . OF CUMBERLAND COUNTY . . ERIN E. ROZELL PENNA. . . . STATE OF . . . . . N 05-2122 O. PLAINTIFF . . . VERSUS CHRlSTOPHERJ.ROZELL . . . . . . DEFENDANT . . DECREE IN DIVORCE ~ 8': /of" ~.;1. . . . . . . ~d-f , IT is ORDERED AND 2005 . . . . . . . . . . . . . AND NOW, Erin E Rozell DECREED THAT , PLAINTIFF, Christopher J. Rozell 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; * IT IS FURTHER ORDERED that the terms of the Marital Settlement Agreement of the parties dated April 19, 2005, shall be incorporated herein, but not merged" for the purposes of enforcement only, as per Paragraph 16 on page 13 of same. \;~ ...;;-..:..-~-...- .' T: - ,. '-...... , -::!o.. .. ''':'''' :" , .:---.., .. .--, .'- . ~ \.,. ~ -" - " Am't~. -~- ......... .--",,- -.. ........-.. --, ~....,;....... ..--', ...... . /.h";~:;--.: ~' ......11;oo.-""'" PROTHONOTARY 000000000000000 . ;t' ;f. "'!'f ;1''1''1' Of. :+' . . . +::+::+i'f:+::+::f.:+::+::f'f'l' . . " . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'I' 'f. Of 'f '+ ++ J. _~ ~~~ 50-Or} ~ fr' 1- /7?"'"' ~ /'P .5O-or< , . .' ' ,'~ .' . ,\' t.... ".".," ..,' .". . -