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HomeMy WebLinkAbout06-3687 McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile PhelvvCa)mwn.com Attorneys for Plaintiff JENNIFER B. ROCKEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA n V. NO. Ojv- 3GP7 L4io??tqzkl ROBERT R. ROCKEY, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 -2- McNEES WALLACE & NURICK LLC s McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ehelvv mwn.com Attorneys for Plaintiff JENNIFER B. ROCKEY, Plaintiff V. ROBERT R. ROCKEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA r? NO. pia- 3LP7 &"k r9q'111 IN DIVORCE COMPLAINT IN DIVORCE UNDER 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Jennifer B. Rockey, who currently resides at 907 Brandt Ave., New Cumberland, PA 17070. 2. Defendant is Robert R. Rockey, who currently resides 907 Brandt Ave., New Cumberland, PA 17070. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 12, 1993, in Camp Hill, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives her right to such counseling. B. After 90 days have elapsed from the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 9. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate Notices two years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce under Section 3301(c) or (d) of the Divorce Code. COUNT II EQUITABLE DISTRIBUTION 10. Plaintiff incorporates by reference paragraphs 1 through 9 of this Complaint. -2- 11. Plaintiff and Defendant possess various items of marital property, as well as marital debts, which are subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests your Honorable Court to equitable distribute all property, both real and personal, owned by the parties, as well as all marital debts. McNEES WALLACE & NURICK LLC Atto ey I.D. N . 531 -106 Pine Str t P. O. Box 1 Harrisburg, PA 17018-1166 (717-232-8000 Attorneys for Plaintiff Jennifer B. Rockey Dated: (v / a '7 /? o o -3- ?, N ? ? ? ? ?o ? G C ?? r ti ? (?? 7' Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. Dated: 0 (v I Z 7 /)- 0 6 (o JENNIFER B. ROCKEY, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3687 ROBERT R. ROCKEY, DEFENDANT IN DIVORCE ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE I hereby enter my appearance for the Defendant, ROBERT R. ROCKEY, in the above-captioned action. I acknowledge receipt of a true and correct copy of the Complaint in Divorce filed in the above action on behalf of the Defendant on 6 July 2006. ..n Sa uel L. And Attorney for Defendant Supreme Court ID #17225 (::, Su ))J z-1D i-) 6 1, r ?, _, {. ? (? 1 ii McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 Lynnore K. Seaton Attorney ID No. 210241 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile phelwCa-mwn.com Attorneys for Plaintiff JENNIFER B. ROCKEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT R. ROCKEY, Defendant : NO. 06-3687 : IN DIVORCE STATEMENT OF INTENTION TO PROCEED To the Court: Jennifer B. Rockey intends to proceed with the above captioned matter. Date: 9-i(P-0q U?- ynn a K. Seaton Attorney for Plaintiff CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Samuel L. Andes, Esquire 525 North 12th Street PO Box 168 Lemoyne, PA 17043 %9.eA,4Z Z&kl? eLegal Secretary 1177 /? Dated: q FILED. OF THE RD, Alisr,N0TA.RY 2009 SEP 18 Ali !!: 23 tiLl?vl?w.. OF n 2010 MAR -2 Af I I : 24 F'th?vSYLVAf A McNEES WALLACE & NURICK LLC J. Paul Helvy I.D. No. 53148 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 (facsimile) phelvy _mwn.com Attorneys for Plaintiff JENNIFER B. ROCKEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT R. ROCKEY, Defendant NO. 06-3687 IN DIVORCE PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND NOW comes Plaintiff, Jennifer B. Rockey, by and through her counsel, McNees Wallace & Nurick LLC, and moves this Court to compel discovery responses, and in support thereof, avers as follows: 1. Plaintiff is Jennifer B. Rockey ("Wife"), an adult individual who currently resides at 1704 Sherwood Road, New Cumberland, PA 17070. 2. Defendant is Robert R. Rockey ("Husband"), an adult individual with a last known address of 907 Brandt Avenue, New Cumberland, PA 17070. 3. A Divorce Complaint was initiated in the above captioned action on June 28, 2006. 4. On December 29, 2009, Plaintiff issued a First Set of Interrogatories and Request for Production of Documents to Defendant, a copy of which is attached hereto and marked as Exhibit "A." These requests were forwarded to counsel for Husband, Sam Andes, Esquire. 5. On February 2, 2010, Plaintiffs counsel sent correspondence to counsel for Husband indicating that if the discovery responses were not received by February 12, 2010, Plaintiff would seek court intervention in this matter. 6. To date, despite extending the discovery deadline, Plaintiff has not received a response to the discovery requests from Defendant. 7. The undersigned certifies that Plaintiffs representatives have attempted to confer with opposing counsel in order to resolve this discovery dispute to no avail. 8. Plaintiff has and will continue to incur attorneys' fees as a result of Defendant's refusal to provide the information needed to process this case. 9. No judge has ruled on this case previously. 10. In light of the fact that Defendant has not responded to the discovery or Plaintiffs follow up correspondence regarding discovery and the fact that Plaintiff was advised when Plaintiff contacted him to seek his concurrence that Defendant's counsel 2 was out of the office until next Tuesday, Plaintiff assumes that opposing counsel does not concur. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order compelling Defendant to provide the information requested in Plaintiffs First Set of Interrogatories and Request for Production of Documents within 15 days of the date of the Court's Order and ordering Defendant to pay fees and costs in the amount of $500. Respectfully submitted, McNEES WALLACE & NURICK LLC By -, J aul Helvy I.D. No. 53148 100 Pine Str et P.O. Box 11 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 (facsimile) phelvyCc?mwn.com Attorneys for Plaintiff Dated: February 25, 2010 3 t i 1't ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER B. ROCKEY Plaintiff NO. 06-3687 V. IN DIVORCE ROBERT R. ROCKEY Defendant PLAINTIFF'S FIRST SET OF'INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS Pursuant to Rule 4009.11 of the Pennsylvania Rules of Civil Procedure, the above- named Plaintiff, by and through her undersigned counsel, hereby demands that the party to whom these Requests for Production of Documents are addressed answer fully, in writing, and under oath, with the signed Verification attached hereto, the following Document Requests, and make available for inspection and copying all documents responsive to these Document Requests, within thirty (30) days as prescribed by Rule 4009.12 of the Pennsylvania Rules of Civil Procedure. DEFINITIONS AND INSTRUCTIONS Unless negated by the context of the Document Request, the following definitions are to be considered to be applicable to all interrogations contained herein: (A) "Documents" is an all-inclusive term, referring to any writing and/or recorded or graphic matter, however produced or reproduced. The term "Documents" includes without limitation, correspondence, memoranda, interoffice communications, minutes, reports, notes, schedules, analyses, drawings, diagrams, invoices, purchase orders, pleadings, questionnaires, contracts, bills, checks, drafts, diaries, logs, proposals, print-outs, recordings, telegrams, films, tax returns, and financial statements, and other such documents, tangible or retrievable of any kind. "Documents" also include any preliminary notes and drafts of all the foregoing, in whatever form, for example, printed, typed, longhand, shorthand, on paper, paper tape, tabulating picture film, phonograph records, or other form. (B) With respect to documents, the term "Identity" means to give the date, title, author, and addresses; "Identify" with respect to documents further means: (i) To describe a document sufficiently well to enable the interrogator to know what such document is and to retrieve it from a file or wherever it may be located; (ii) To describe it in a manner suitable for use as a description in a subpoena; and (iii) To give the name, address, position, or title of the person(s) who has custody of the document and/or copies thereof. (C) Whenever the expression "and/or" is used in these interrogatories, the information called for should be set out both in the conjunctive and disjunctive, and wherever the information is set out in the disjunctive, it should be given separately for each and every element sought. (D) No answer is to be left blank. If the answer is to a Document Request or subparagraph of a Document Request is "none" or "unknown," such statement must be written in the answer. If the question is inapplicable, "NA" must be written in the answer. (E) These Document Requests are continuing, and any information secured subsequent to the filing of your answers which would have been includable in the answers had it been known or available, are to be supplied by supplemental answers. (F) If additional space is required for an answer, attach supplemental answer sheet which clearly identifies the Document Request number. (G) If you object to any Document Request, or if any information responsive to any Document Request is withheld based on any claim or privilege or protection from discovery of any kind, describe generally the information withheld, state the privilege being relied upon, and identify all persons or entities who have or have had access to said information. If you refuse to provide any document on the basis of a claim of privilege or protection from discovery or any kind, with respect to each such document, set forth the following information: (1) The date of the document; (2) its author(s); (3) all recipients of the document; (4) the present location and custodian of the document; and (5) the basis for the claim of privilege or protection from discovery. To the extent that the claim of privilege or protection applies only to a portion of the responsive documents, all portions for which privilege or protection are not claimed must be produced. (H) The terms "you" and "your" include, without limitation, Defendant, and his agents or other representatives acting or purporting to act on his behalf or at his direction. DOCUMENT REQUESTS 1. Please provide documentation of the retirement benefits offered to you, provided to you, or paid on your behalf by your employer for the past three (3) calendar years, including, but not limited to, all statements reflecting the current value thereof and any transfers or withdrawals therefrom. 2. All Federal and State Tax Returns filed by you or on your behalf, for the past three (3) calendar years. 3. Documents sufficient to show your current income, including a copy of your current paystub. 4. All documents reflecting or evidencing all perquisites and/or other benefits that you receive through any wage or income-producing activities in which you are engaged or have been engaged during the past three (3) calendar years, including, but not limited to: a. Deferred salary plan b. Cash bonus plan c. Deferred profit sharing d. Short-term deferred income e. Stock bonus plan f. Stock purchase plan g. Stock options h. Incentive growth funds i. Phantom stock j. Life insurance k. Health insurance 1. Disability insurance 5. All documents evidencing, reflecting, or relating to all life insurance policies for which you were either the owner, the insured, and/or the beneficiary during the past three (3) calendar years, including, but not limited to, the current cash surrender value of all whole life policies. 6. Please provide a copy of any appraisals that have been completed since the date of separation on the marital residence, 907 Brandt Avenue, New Cumberland. 7. Please provide documentation evidencing the withdrawal of $14,000 on June 21, 2006 and $1,000 on June 22, 2006 and the disposition of said funds. 8. Please provide the following answers so that we may obtain the Kelley Blue Book Value of the Ford F-150. Year Make Model Trim (i.e. short bed/long bed/super cab/supercrew) Engine type (i.e. V8/ 5.4 L) Drivetrain (i.e.2wd or 4wd) Transmission Mileage Please mark if you have any of the following: FX2 Sport Flip-Up Roof XL Sun Roof STX Moon Roof XLT Roof Rack FX4 Sliding Rear Window Lariat Power Sliding Window Air Conditioning Stepside Bed Power Steering Running Boards Power Windows Pickup Shell/Cap Power Door Locks Hard Tonneau Cover Tilt Wheel Bed Liner Cruise Control Custom Bumper AM/FM Stereo Grille Guard Cassette Winch Single Compact Disc Optional Fuel Tank Multi Compact Disc Towing Pkg MP3 (Single CD) Snow Plow MP3 (Multi CD) Custom Paint Premium Sound Two-Tone Paint Navigation System Alloy Wheels Parking Sensors Premium Wheels Backup Camera Wide Tires DVD System Oversize Off-Rd Tires Video System Oversize Wheels 20"+ Dual Front Air Bags Dual Rear Wheels ABS (4-Wheel) Utility Leather Underbody Hoist Power Seat Dump Bed Dual Power Seats Hydraulic Lift McNEES WALLACE & NURICK LLC By J a elvy Attc ey I.D. No 53148 100 ne Str P. O. Box 1166 Harrisburg, PA 17018-1166 (717-232-8000 Attorneys for Plaintiff Jennifer B. Rockey Dated: CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Samuel L. Andes, Esquire 525 North 12th Street PO Box 168 Lemoyne, PA 17043 Dated: CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Samuel L. Andes, Esquire 525 North 12th Street PO Box 168 Lemoyne, PA 17043 OA , - (4w? Barnhart, Legal Secretary Dated: February 25, 2010 OF 2010 MAR -4 PM J. 44 CUMFE+ rL,:4^4a ox PENNSYLVANIA JENNIFER B. ROCKEY, Plaintiff V. ROBERT R. ROCKEY, Defendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3687 IN DIVORCE RULE TO SHOW CAUSE AND NOW, this day of , 2010, a Rule is issued u Defendant, Robert R. Rockey, to show cause why Plaintiffs Motion to Co Discovery should not be granted. Rule returnable epo days after service. HE CO RT: PLEAS n the J. Distribution: ? Daul Helvy, Esquire, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. ox 1166, Harrisburg, PA 17108-1166, (717) 237-5343 (phone); (717) 260-1701 (facsimile); phelvy(a-)-mwn.com ,,--?5{am Andes, Esquire, 525 North 12th Street, PO Box 168, Lemoyne, PA 1 (717) 761-5361 (phone); (717) 761-1435 (facsimile); IawandesCaD-ao c £. s , ?l ?a rna t? FlL.~D-+~t-r,CE ~ ?~-fc RRCT;~=~ ~.~~,~, 2010 JUN 24 PH 2: 4~ vc:.~".L..•'rk'l ~i t.~ JENNIFER B. ROCKEY, . Plaintiff v. ROBERT R. ROCKEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3687 IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a McNEES WALLACE 8~ NURICK LLC J. Paul Helvy I.D. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 (facsimile) ~helvy _mwn.com Attorneys for Plaintiff counteraffidavit within twenty (20) days afier this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. The parties to this action separated on July 6, 2006 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dater/lU ZU/d ~-~/c!~ nnifer B. Rockey, Plain#iff '' Y a McNEES WALLACE & NURICK LL.C J. Paul Helvy I.D. No. 53148 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 (facsimile) ~helvy(c~mwn.com Attorneys for Plaintiff JENNIFER B. ROCKEY, Plaintiff cn ^~ c ° :., - ~-„ s, ~";, _ r-~ ~; r _ --~ rrr r.. ~: - - ~_.a~~; ._ _ ;~ ~= ::~ • • ~ ;.: =~'i c:, •-~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. ROBERT R. ROCKEY, Defendant NO. 06-3687 IN DIVORCE ORDER APPOINTING MASTER AND NOW, i , 2010, C,- ~ ,Esquire is appointed master with respect to the following claims: By the CoP,~ ,~,~~(~C_. A~I-!.Y S. RudLs ~.., ~. ~ N~~y 7/,/,0 ~~ JUN 2 9 2010 rt: ti McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 facsimile phelvy@mwn.com r. Pf"'OTHONGTAR'; 2011 P,? - I AN If: 28 C,MBERLANO COUNTY PENNSYLVANIA Attorneys for Plaintiff JENNIFER B. ROCKEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT R. ROCKEY, Defendant NO. 06-3687 : IN DIVORCE PRAECIPE TO WITHDRAW CLAIM FOR EQUITABLE DISTRIBUTION TO THE PROTHONOTARY: Plaintiff hereby withdraws her claim for equitable distribution as set forth in Count II of her Divorce Complaint. McNEES WALLACE & NURICK LLC By J. P Hely orney No. 148 Dated: April 1, 2011 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail: Samuel L. Andes, Esquire 525 North 12th Street PO Box 168 Lemoyne, PA 17043 4ijIle Armour, Legal Secretary Dated: April 1, 2011 ?0 T i 0 TA R'', JENNIFER B. ROCKEY, Plaintiff 2011 APP, - I AN 11: 28 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ROBERT R. ROCKEY, Defendant CIVIL ACTION - LAW NO. 06-3687 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on r Z and served upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,61o ? 4.-e- IX9 - Dated: ROBERT R. ROCKEY JENNIFER B. ROCKEY, Plaintiff V. ROBERT R. ROCKEY, Defendant IN THE COURT OF COMMON &EWS CUMBERLAND COUNTY, rn ,.. _, ., PENNSYLVANIA gym ; Fri- -<> NO. 06-3687 r IN DIVORCE 5;C= ? r1o . WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: nnifer B. Rockey {A931507:1 } JENNIFER B. ROCKEY, Plaintiff V. ROBERT R. ROCKEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3687 : IN DIVORCE AFFIDAVIT OF CONSENT w - r- cn r c•:1 C? :=r C: r:) r , --°I n s 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 28, 2006. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: glztI It ( ennifer B. ockey (A931505: I) UP - 3(087 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this )y day of March, 2011, by and between Robert R. Rockey of 907 Brandt Avenue, New Cumberland, Cumberland County, ra Pennsylvania, 17070 (hereinafter referred to as "Husband"), and Jennifer B. Rovy C) rn Co m 1704 Sherwood Road, New Cumberland, Pennsylvania 17070, Cumberland city =6 z-n r ! ? (hereinafter referred to as "Wife"). o WITNESSETH: -Z c? 33 WHEREAS, Husband and Wife were lawfully married on November 12, 1993, and; WHEREAS, one child has been born of this marriage, Taylor A. Rockey, born on October 5, 1995. WHEREAS, differences have arisen between Husband and Wife in consequence of which they have been separate and apart from each other; and NOW THEREFORE, the parties intending to be legally bound hereby do covenant and agree: SEPARATION: It shall be lawful for each party 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 foregoing provisions 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. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the separation on July 6, 2006, 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 shall indemnify and save harmless Husband from any and all claims or demands incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the separation on July 6, 2006, 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 harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING DEBTS: All other debts, contracts, obligations or liabilities incurred at any time in the past by either of the parties will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and saved harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect 2 thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such actions, claims and demands. Neither party shall, after the date of this Agreement, contract or incur any debt or liability for which the other or his or her property might be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against her or him by reason of debts or obligations incurred by her or him and from all costs, legal costs and counsel fees unless provided to the contrary herein. 6. MUTUAL RELEASE: 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, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except for all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Divorce Code and any Amendments thereto including, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The fact that a party brings an action to enforce the property agreement, under the Divorce Code thereto, does not give either party the right to raise other claims under the Divorce Code, specifically waived and released by this paragraph and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. 7. DIVISION OF PERSONAL PROPERTY: The parties have divided 3 between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have theretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. 8. DIVISION OF REAL PROPERTY: Wife agrees to transfer all right, title and interest in and to real estate situated at 907 Brandt Avenue, New Cumberland, Pennsylvania, now titled in Husband and Wife as tenants by the entireties ("Marital Residence"). Wife agrees that she shall execute a deed prepared by counsel for Husband necessary to affect such transfer of title which shall be held in escrow with Wife's counsel until closing of the refinancing of the mortgage on the Marital Residence such that Wife has no responsibility for the outstanding mortgage. Upon completion of the conditions set forth in paragraph 9 and paragraph 10, Wife acknowledges that she has no right, title and interest in said property and further agrees never to assert any claim to said property in the future. Husband agrees that he shall be solely responsible and shall indemnify and hold Wife harmless from any and all liability associated with the Marital Residence, including but not limited to taxes, insurance and all utilities. 9. CITIMORTGAGE MORTGAGE: The parties acknowledge that the Marital Residence is encumbered by a Mortgage held with Citimortgage. Husband shall refinance this mortgage within 60 days of the date of this Agreement. Husband agrees that he shall be solely responsible and shall indemnify and hold Wife harmless from any 4 and all liability associated with the mortgage of the Marital Residence.. 10. LUMP SUM PAYMENTS: Husband shall pay Wife a lump sum payment totaling $45,000. The funds for this payment shall come from the refinancing, which shall occur within 60 days of the date of this agreement. At closing of the refinancing, Wife shall receive the lump sum payment of $45,000, which shall occur within 60 days of the date of this agreement. 11. AUTOMOBILES: Wife agrees to transfer all her right, title and interest whatever it may be to a 2002 Ford F150 to Husband. Husband shall be responsible for any and all debt associated with said vehicle. 12. EACH PARTY RETAINS OWN PENSION PLANS: Each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. As clarification for the foregoing, the parties acknowledge that each party shall receive as his or her sole and separate property the pension, retirement plans and/or deferred 'compensation plans, as follows: Lower Allen Township Retirement Plan Husband Commonwealth of Pennsylvania SERS Wife 5 Commonwealth of Pennsylvania Deferred Compensation Wife AMP Pension Wife 13. DIVISION OF BANK ACCOUNTS/STOCK/LIFE INSURANCE: The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value; and hereafter Wife agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of Husband shall become the sole and separate property of Husband; and Husband agrees that all the said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of Wife shall become the sole and separate property of Wife. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. 14. MARITAL DEBTS: The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall indemnify, protect and save the other party harmless therefrom. A liability not disclosed in this Agreement will be the sole responsibility of the 6 party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 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 the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and 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. WAIVER OF BENEFICIARY DESIGNATIONS: Unless otherwise expressly set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit, policy, annuity or like program or account carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final, paychecks 7 or any other post-death distribution scheme. Each party expressly states that it is his or her respective intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this agreement. In the event that the beneficiary designation is not formally changed prior to the death of the party, such that the other party continues to be named as beneficiary with no alternate beneficiary otherwise designated, the beneficiary shall be deemed to be the Estate of the deceased party and all benefits shall be distributed to the personal representative for the Estate of the deceased party, free of any claim by the other party. 17. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 18. TAXES: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the equitable division of the marital property and the marital settlement herein contained, the parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns 8 during the course of their marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any other source. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. 19. SUBSEQUENT DIVORCE: Both parties agree to execute-Affidavits of Consent to Divorce and Waiver of Notice of Intention to Request Entry of a Divorce Decree pursuant to Section 3301(c) of the Divorce Code contemporaneous with the signing of this Agreement and shall direct their respective counsel to immediately file with the Court said documents. Wife agrees that she shall direct the law firm of McNees Wallace & Nurick, her counsel, to immediately file with the Court a Decree in Divorce from the bonds of matrimony under Section 3301(c) of the Divorce Code. 20. BREACH: 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 such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 21. 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 that may be reasonably required to give full force and effect to the provisions of this Agreement. 9 22. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and had the benefit of counsel of McNees Wallace & Nurick as her attorney. The Husband has employed and had the benefit of counsel of Samuel L. Andes, Esquire as his attorney. For purposes of contract interpretation and for the purpose of resolving ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the new Pennsylvania Divorce Reform Act, whereby the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives their respective right to have the Court of Common Pleas of 10 Cumberland County or any other Court of competent jurisdiction to make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 23. 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. 24. MODIFICATION AND WAIVER: A modification or 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 insist 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. 25. MUTUAL ACCEPTANCE: The 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 each other for their support and maintenance, and also alimony, alimony pendente lite, counsel fees or for any other provision for their support and maintenance, and also alimony, alimony pendente lite, counsel fees, costs and expenses and any other charge of any nature whatsoever pertaining to any divorce proceeding which may have been or may be instituted by the parties in any court in the Commonwealth of Pennsylvania or any other jurisdiction and/or any divorce proceeding which may be instituted by either party in any court in the Commonwealth of Pennsylvania or any other jurisdiction or any other counsel fees, costs or expenses incurred or to be charged by any counsel arising in any manner 11 whatsoever except for breach of this Agreement. 26. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 27. VOID CLAUSES: 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 continue in full force, effect and operation. 28. DISCLOSURE: The respective parties do hereby warrant, represent, and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or his or her heirs, executors, administrators or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full disclosure, fraud, duress, undue influence, or that there was any absence or lack of full, proper, and independent representation. 29. NOT CONSTRUED AGAINST DRAFTER. Should any provision of this Agreement require judicial interpretation, the court interpreting or construing such 12 provision shall not apply the rule of construction that a document is to be construed more strictly against one party. 30. DATE OF THIS AGREEMENT. The date of this Agreement shall be the date on which the Agreement is signed by both parties. In the event the parties do not sign this Agreement on the same day, the date of the Agreement shall be the date that the last party has executed the Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above-written. WITNESS: Robert R. Rockey nnifer B. Rockey 13 COMMONWEALTH OF PENNSYLVANIA) SS.. COUNTY OF ) On this the'"J"dfiy of 1 1 ILIId) CON I , before me, the undersigned officer, personally appeared Robert R. Rockey, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed- the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. M OF NN! VA WTARK SEAL AMY M. unkym Boro., CUIgbr7 W GW 4, ZD13 1 M - COMMONWEALTH OF PENNSYLVANIA) COUNTY OF On this theme ( day of (0 SS.. 7011, before me, the undersigned officer, personally appeared Jennifer B. Rockey, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. My Commission Expires: ODMMONWIMUM OF_RNNSYLVANU Notefisl sew Mldwile C Armour, Notety Public City of Hartlsbur% Dsul" COuntY My Commission Oct. 2, 2013 14 JENNIFER B. ROCKEY, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, : PENNSYLVANIA VS. NO. 06 - 3687 CIVIL C) ROBERT R. ROCKEY, rn m Defendant IN DIVORCE -urn ORDER OF COURT C-) ^, 4 r,,> C- rn .. ? ? ... .? uJ t AND NOW, this day of , 2011, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated March 15, 2011, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: VIJ. Paul Helvy Attorney for Plaintiff Samuel L. Andes Attorney for Defendant Kevin a? Hess, P. J. ?I IpK? HE FILED -OFFICE OF T PROTHONOTARY McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 facsimile phelvy@mwn.com 7011 APR -6 PM 1: G5 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiff JENNIFER B. ROCKEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT R. ROCKEY, Defendant NO. 06-3687 IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Regular and certified mail upon Defendant on July 6, 2006. An Affidavit of Acceptance of Service was signed by Defendant's counsel and subsequently filed with the Court on July 12, 2006. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: March 21, 2011; by Defendant: March 29, 2011. Both Affidavits were filed with this Court on April 1, 2011. 4. Related claims pending: None 5. Plaintiffs Waiver of Notice was filed with this Court on April 1, 2011; Defendant's Waiver of Notice was filed with this Court on April 1, 2011. McNEES WALLACE & NURICK LLC By -- J aul Helvy Attorney ID 148 Dated: April 5, 2011 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail: Samuel L. Andes, Esquire 525 North 12th Street PO Box 168 Lemoyne, PA 17043 i elle Armour, Legal Secretary Dated: April 5, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER B. ROCKEY V. ROBERT R. ROCKEY NO. 06-3687 CIVIL TERM DIVORCE DECREE A3eg 1;?- , av OT lt-'?S"A -#M - rl , it is ordered and decreed that AND NOW, JENNIFER B. ROCKEY , plaintiff, and ROBERT R. ROCKEY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") By the Court f. Attest: J I "Ir onotary Osy* . e*ies plod fo anq Helvy NoHw +- Copy r )OLJ led -b atby Apdes