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HomeMy WebLinkAbout96-04643 ~ J. ~ ~ - - .:) - CJ I'rJ ::,.. ...,. :( ~ \ I , ! i i , ! I \ \ ...... ......, \ , .I // ,/ I ! . SEPARATION AND DIVORCE SETTLEMENT AGREEMP.NT THIS AGREEMENT is made this :i(f' day of ()t!~(" 1996, by and between ROBERT W. RAGER, hereinafter called "lIusband" , and TERESA RAGER, hereinafter called "Wife". WIT N E SSE T H : WHEREAS, Husband and Wife were married on October 23, 1976; and WHEREAS, there is one remaining minor child of the parties, ERIC D. RAGER, age 17; and WHEREAS, differences have arisen between Husband and Wife, as a consequence of which they have been living separate and apart from each other since July 5, 1995; and WHEREAS, Husband and Wife desire to settle and determine all of their respective rights and obligations; NOW, THEREFORE, in consideration of the premises and covenants contained herein, it is hereby agreed by and between the parties hereto as follows: 1. Separation. It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. 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. Interference, Each party shall be free from the interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may ~e necessary to carry out the provisions of this Agreement. Nei ther party shall molest or attempt or endeavor to molest the other, nor in any way to harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart, of the other. Each of the parties hereto understands and agrees 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. Division of Real Propertv. The parties acknowledge that they are the joint owners of a 1985 Shultz mobile home which is located at 196 Birch Lane, Carlisle, Cumberland County, pennsylvania 17013 in the Country Manor Mobile Home Court on a lot leased in the name of Wife individually. Husband hereby waives, quitclaims, transfers and sets over unto Wife any and all right, title or interest he may have in and to said mobile home. Wife shall hereafter be and become solely and exclusively responsible for the payment of a certain PNC Bank Loan No. 30-02-3009303603, having an approximate balance of $14,300.00, and shall hereafter and does hereby indemnify and agree to save Husband harmless of and from any and all claims, demands, suits, actions or causes of action related in way, directly or indirectly, or arising from or out of, Wife's failure to make each and every payment on such loan or to perform all other obligations of the borrower under the terms 2 of such loan. Husband shall execute, at PNC Bank or at such other place as may be appropriate, the title to said mobile home in order to document the transfer of hlS interest in said mobile home to Wife. Wife shall, within a period of one (1) year from the date of a Decree in Divorce incorporating the terms of this Agreement, undertake the refinancing of the aforesaid PNC Bank loan or shall obtain the release of Husband from any personal liability on such loan. Upon Wife's failure to payoff (by refinancing or otherwise) the said PNC loan or to obtain a release of Husband from any personal liability for such loan as herein required, Wife agrees that the mobile home shall forthwith be listed for sale at such price as may be reasonably calculated to payoff the aforesaid PNC Bank loan and to pay all other costs of sale. 4. Vehicles. The 1991 Oldsmobile Calais heretofore titled in the name of Husband and Wife jointly shall hereafter be and become the sole and exclusive and separate property of Wife, free and clear of all claims of Husband. Title to such vehicle is unencumbered. The 1990 plymouth Voyager heretofore titled in the name of Husband and Wife jointly shall hereafter be and become the sole and exclusive and separate property of Husband, free and clear of all claims of Wife. Title to such vehicle is encumbered as security for a loan from the Harrisburg Belco Federal Credit Union, Account No. 707460, having an approximate balance of $1,600.00. From and after the date hereof, Husband shall be and remain solely 3 and exclusively responsible for the payment of such loan and the perfo=mance of all obligations of the borrower thereunder and shall and hereunder does agree to indemnify and save Wife harmless of and from all claims, demands, suits, actions and causes of action arising directly or indirectly from or out of Husband's failure to pay such loan when and as required and to perform all other obligations of the borrower under such loan documents. Husband shall provide to Wife proof of the maintenance of insurance on such vehicle to the full insurable value thereof until such time as the said loan is paid off or refinanced. 5, Division of Personal Property. The parties have heretofore divided between themselves to their mutual satisfaction all furniture, fixtures, furnishings and personal property heretofore used by the parties in common, whether acquired during the course of the marriage or otherwise. Each party does hereby waive, release and quitclaim to the other any right, title interest or claim he or she may have in any such untitled personal property in the possession of the other party as of the date hereof. Should it become necessary at any time for either party to execute any titles or other documents to give effect to this Paragraph 5, it shall be done immediately upon the request of the other party. 6. Employment Benefits. Retirement Plans. Deferred Compensation. Pensions. Each party hereby waives, relinquishes, transfers and quitclaims any right, title or interest he or she may have in and to any employment benefits, pension funds, retirement <1 benefits or other similar benefit packages arising from the employment of either party and held in the name of or for the benefit of the other party individually. Specifically, Husband hereby waives and releases any interest he may have in any thrift savings plan, 401(k) plan, pension plan or employee stock option plan, or anything of like or similar nature, held for the benefit of or accruing to Wife by virtue of her employment at Harris Savings Bank. Wife hereby waives and releases any interest she may have in any thrift savings plan, 401 (k) plan, pension plan or employee stock option plan, or anything of like or similar nature, held for the benefit of or accruing to Husband by virtue of his employment at LebArnold, Inc. 7. Marital Debts. Wife shall hereafter be and remain solely and exclusively responsible for the repayment of the loan to Wife's mother, having an approximate balance of $2,300.00 and for the payment of a Discover card and a J. C. Penney account, both of which are in Wife's name alone. Husband shall be and remain solely and exclusively responsible for the payment of the car loan as above described and for the repayment of a loan from Husband's 401(k) plan, having an approximate remaining balance of $950.00. 8. Wife's Debts. Wife represents and warrants to Husband that 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 Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 5 9. Husband's Debts. Husband represents and warrants to Wife that he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 10. Tax on Propertv Division. The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 or other similar tax acts (hereinafter the "Act"), specifically, the provisions of the said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfers and subject to the carry-over basis provisions of said Act. As to transfers to which the Act may not or does not apply, Husband shall be solely responsible for any and all taxes that may be assessed or become due from Husband, and Wife shall be solely responsible for any and all taxes that may be assessed or become due from wife as a result of or arising from this Agreement. 11. Full Disclosure. Husband and Wife each represent and warrant to the other that he and she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of all liabilities, of the source 6 and amount of the income of such party o( every type whatsoever, and of all other facts relating to the subject matter of this Agreement. 12. Additional Instruments. Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, car titles, assignments, consents, tax returns and c.ny other documents and shall do or cause to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. 13. Waivers of Claims. 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, right to claim or seek equitable distribution of property, alimony, alimony pendente lite, spousal support, counsel fees or expenses, 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. 14. Leaal Representation, Husband and Wife acknowledge that each has had the opportunity to review this document with an 7 attorney of his or her choosing or has waived such right to do so and acknowledge that they fully understand the legal impact of this Agreement, and further intend to be legally bound by the terms of this Agreement. 15. Voluntarv Execution. The provisions of this Agreement are fully understood by both parties, and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 16. Action in Divorce. Husband and wife each acknowledge that an action in divorce under Section 3301 of the Pennsylvania Divorce Code has been commenced in the Cumberland County Court of Common Pleas at Docket No. 96-4643 ("Divorce Action"), the Complaint in Divorce having been served on August 20, 1996. Husband and Wife each agree to execute Affidavits of Consent to the entry of a Decree in Divorce on or within thirty (30) days after November 20, 1996 and to file or cause such Affidavits to be filed in the Divorce Action. In the event a Decree in Divorce is entered by either party in the Divorce Action, the terms of this Agreement shall be incorporated in such Decree and shall not be modified or affected by such Decree, the terms of which Agreement shall thereafter become enforceable, both as a contract and under the enforcement provisions of the Pennsylvania Divorce Code. In the event either party shall fail to execute the Affidavits of Consent and cause same to be filed in the Divorce Action as herein required, then, in that event, the provisions herein with 8 respect to the parties' 401(k) or other deferred compensation or thrift savings plans shall be and become null and void, and this Agreement shall thereafter not be deemed to be a final determination of the rights of equitable distribution of marital property. In such event, the non-breaching party shall be permitted to seek equitable distribution of such assets through appropriate master's hearings or other proceedings and the party failing to execute and file such Affi.davit of Consent shall also be responsible for the payment of all attorneys' fees and costs incurred by the other party thereafter, including but not limited to those associated with any master's hearings or other proceedings. 17. Breach. In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur, including reasonable attorneys' fees, in any action or proceeding to enforce the terms of this Agreement. 18. Custodv/Child Support. The parties acknowledge that, prior to September 13, 1996, the parties only remaining minor child, Eric, had been in the primary physical custody of Wife and that, as of that date and thereafter, the said child has been in the shared or joint physical custody of both parties on a substantially equal time basis. So long as the existing custody arrangements remain unchanged in any material way, Husband shall 9 not seek an award of child support from Wife and does hereby agree to an indemnify Wife of and from any such child support obligation, claim, costs, including reasonable attorneys' fees, for which Wife may become liable by reason of Husband's or any other person's filing an action for support against Wife in contravention of the terms and conditions hereof. Both parties acknowledge their respective obligations to contribute to the reasonable needs of their son, subject, of course, to the financial ability of each party to do so and the standard of living of each party and taking into consideration all sources of income available to meet such needs. 19. Entire Aqreement. 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. Modification and waiver. Any modification or waiver of any provision 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. 21. Governinq Law. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 22. Independent Separate Covenants. It is specifically understood and agreed by and between the parties hereto that each 10 c' (~ I ~~~ L'. '..,. 1'".;" C " \,.;. l, TERESA RAGER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW NO. 96 -4643 ROBERT W. RAGER, Defendant 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. Ground for divorce: Irretrievable breakdown under Sections 3301(c) and (d) of the Divorce Code. 2. Date and manner of service of the Complaint: By Acceptance of Service executed by Defendant's counsel, Linda A. Clotfelter, Esquire, on August 20, 1996. 3. Date of execution of the Affidavit of Consent required by Sections 3301(c) and (d) of the Divorce Code: By Plaintiff on November 22, 1996, and by Defendant on November 21, 1996. 4. Related claims pending: None. Respectfully submitted, Date: ) 7 ;J()uct<.~" 9~ By B uce F. Bratton, Esquire Attorney I.D. No. 23949 2515 North Front Street P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Attorneys for Plaintiff TERESA RAGER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW NO. (i f. '/1.-', ~ ('(1.- T." ROBERT W. RAGER, 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 against you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, pennsylvania. 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 AVISO PARA DEFENDER Y RECLAMAR DERECHOS Usted ha sido demandado en la Corte. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n TERESA RAGER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. (II-. 'Ie., '-i.3 C~~.J' 11- Plaintiff v. ROBERT W. RAGER, Defendant IN DIVORCE COMPLAINT UNDER SECTIONS 3301(c) AND (d) OF THE DIVORCE CODE Count I 1. Plaintiff is Teresa Rager, who currently resides at Country Manor Mobile Home Court, 196 Birch Lane, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Robert W. Rager, who currently resides at 835 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4, Plaintiff and Defendant were married on or about October 23, 1976 in Galeton, Potter County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request that the Court require the parties to participate in counseling. 7. Plaintiff avers as the grounds upon which this action is based: (a) That the marriage between the parties hereto is irretrievably broken; or, alternatively (b) The Plaintiff and Defendant have lived separate and apart since July 5, 1995, and, at the appropriate time, plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce divorcing Plaintiff and Defendant absolutely. Respectfully submitted, MART~:r7Toy /I By I ;{/C70 Bruce F. Bratton, Esquire Attorney I.D. No. 23949 2515 North Front Street P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Attorneys for plaintiff Date Ii} fJf1Ji~,r~C. . ,; 2 ! \' ~ ... :.) ,~ 0 ,- >:.> ~ '" , '" , i:; V !" '.Ii V, ., "" ~ -... .. '... !f \;:::i ~ >- (,- j'" IJJ'- r~~ ;' ,c:,:: ,J" CJ ~. ll_i/" l;-.' !j") c. ~rl 'j "'J /, :~ G ~.~. l.,...., J ,-' R ,,~~., ': 10" < ) ~ ,.-:;' " C', ") r:, >: '.-'J .-', ....-. c ,. v: ,''';1 r.....;' .:".* ~ \'~' ;, t!.. , C?'. _ , C' l:' L" :'J L, , . TERESA RAGER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW NO. 96-4643 ROBERT W. RAGER, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST 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 related to unsworn falsification to authorities. Date If/;.,/f'e I , 1'0 ,..,. , Teresa Rager, Plaintiff ~- (-j ; . . , Ill'. ('1 . .",-, lL.. ~. ( , l:. ,'., 11. I L , , , . \1' L.; . L< ' , , C; q ,~' J ".,.1 t:. .,.. , ~ . ~ ,J~ 8~ C)~ ':;::~ :3z f5a5 CCle.. ':E :5 o ... '. , . ~. . H II i m ' ~ II ~ ~; IE I' l!i ~ &, e !i ~,,~ s il~' .',' ~ i~ [ . ,- ., 'i week. In further evidence thereof, respondent n~intainnd moot of his personal property therein and received his ma il at the marital residence. 6. Admitted in part and denied in pan. It in admitted that petitioner has been residing at the marital ham!! ilt 1')6 Birch Lane (Country Manor Mobile Home Court), Carl isle, Pnlllwylvania, 17013, with the parties' son Eric, age 17, but till' implication that the parties' daughter, Christie, age 19, 1 ivell L1H"'e lu] 1 ,time with her mother and brother is denied. In cIal-iLicdtion th"l'f,oL, Christie is a full-time college student and an "ueh, 1""II"nl: Ly lives in a dormitory in Doylestown, Pennsylvania. f3h,,' i II oil: I:he lIIil1-1tal home only occasionally on weekends. 7. Admitted in part and denied in pill't. I I: in iH,hnitted that petitioner was in Florida in August, 199(" ,IIH.I I:hdl: "he provided transportation for her mother to vis i t an ,wnt who wan undergoing surgery. However, it is denied that Petitioncl' waD required to provide said transportation as petitioner hall prior knowledge of said surgery. Furthermore, although Peti tiOI)(>I.' drove her mother to Florida and dropped her mother 0([ to vi"it Petitioner's aunt, petitioner did not return to the mill-ital home until nine (9) days later. a. Admitted in part and deni.ed in part. It is admitted that Respondent contacted Petitioner i.n Florida, and it is admitted that Respondent initially advi n<>c1 hel' that he was moving back into the marital home. However, it wan Henpondent's understanding that the parties' son had wanted Henpondent to otay with him in the marital home while Petitioner Willl travel ling, and it was Respondent's concern for his son that caused him to return to the home. In further answer, Respondent returned to the marital home to assist his son pending Petitioner's return from her extended trip to Florida. Furthermore, Respondent informed petitioner that he would leave the marital home upon her return from her trip. 9, Admitted in part and denied in part. It is admitted that Respondent moved from the marital home initially in 1995. The remaining allegations of paragraph 9 are denied in that Respondent had moved back into the marital home with petitioner upon their reconciliation, and it is further denied that petitioner has destroyed or has threatened to destroy or damage the personal property of petitioner and the mobile home. 10. Denied. It is denied that Respondent has refused to leave the property at 196 Birch Lane and that he has lived elsewhere continuously for one year. In further answer, Respondent informed Petitioner on August 18, 1996, that he would be removing most of his belongings from the marital residence and would vacate same immediately and Respondent did so on that date. 11. Denied. The allegations of paragraph 11 are denied in as much as Respondent is without sufficient knowledge, information, or belief so as to determine the veracity of the allegations of paragraph 11. Therefore, strict proof thereof is demanded at trial. 12. Denied. It is denied that Respondent's return to the marital home is purely for purposes of causing emotional and psychological turmoil in the household and is not for legitimate purposes. In further answer, Respondent had been living in said home until very recently, and he informed petitioner that he would remain there until her return from her trip to Florida as Respondent was concerned for the welfare of their son who had minimal financial means available to him during her absence and who needed the assistance of his father with such things such as operating the washing machine. It is further answer, it is denied that Respondent has stated that he will do damage to Petitioner's property so as to cause disruption to her life and it is denied that there was any conduct on Respondent's behalf such that it would cause petitioner to fear Respondent so as to justify enjoining him from the marital home. WHEREFORE, Respondent respectfully requests that this Honorable Court deny Petitioner's request for extraordinary relief in the form of exclusive possession of the marital home, and in the alternative, if said Petition is granted, that Respondent be awarded one-half of the rental value of the property from August 19, 1996, which is the date Respondent voluntarily removed himself and most of his belongings from the marital residence, pending the entrance of a decree of divorce in this matter or a decision or order of court regarding the disposition of the marital home. RESPONDENT'S NEW MATTER By way of additional answer and reply, Respondent, Robert W. Rager raises the following New Matter: 13. Petitioner's request is barred by the defense of justification in that Respondent was justified in refusing to leave the marital residence until petitioner returned, as Respondent's care and guidance was needed and will continue to be needed by the parties' seventeen (17) year old son who is at home alone when petitioner is travelling out of state for extended periods of time. 14. Although the parties' son is seventeen (17) years old, he is not able to properly care for himself while at home alone for several days and nights at a time without any supervision whatsoever. More specifically, the parties' son, who had football practice every day, did not have the requisite knowledge to properly use the washing machine such that he could wash his uniform and other clothing and Respondent was required to do so for him. Nor did petitioner leave him any money for unanticipated necessities while she was travelling. As a result, the parties' son had to seek the assistance of Respondent. 15. Respondent has voluntarily removed himself and most of his belongings from the marital home and had informed of that fact prior to the filing of Petitioner's petition for extraordinary relief. Furthermore, Respondent has also indicated to Petitioner in writing through the parties' counsel, that he has removed himself from the residence and that he will only initiate contact with her through written correspondence, and as such an Order of this Honorable Court prohibiting Respondent from the marital residence is not required. 16. Prohibiting Respondent from entering the marital residence will only serve to alienate Respondent from his children in that he will be prohibited from visiting them at their home and he will be prevented from assisting their son in an emergency TERESA RAGER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA va. CIVIL ACTION - LAW ROBERT W. RAGER, Defendant NO. 96-4643 CIVIL TERM IN DIVORCE VERIFICATION I, THE UNDERSIGNED, VERIFY thlt the statements set forth in the foregoing "Answer" are true and correct to the best of my knowledge, information and belief. 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. Dated: ?-:'5-)~ ~_:~iU/b) ~1fl-JJ Robert W. Rager (},--'6 r ,''''.; TERESA RAGER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW NO. 'i6 - tJh 3 ~ p;'~J1 IN DIVORCE ROBERT W. RAGER, Defendant ORDER AND NOW, this 1996, upon day of consideration of the within Petition, it is hereby ORDERED AND DECREED that a hearing shall be held on the said Petition on 1996 at o'clock .m. in Courtroom No. Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Until such hearing and pending further Order of Court, exclusive possession of the former marital home of the parties located at 196 Birch Lane, Carlisle, Pennsylvania is hereby granted to Petitioner Teresa Rager, and Respondent Robert W. Rager is hereby enjoined from entering upon the said property at 196 Birch Lane, Carlisle, Pennsylvania for any purpose whatsoever. Petitioner's counsel shall cause a copy of this Order and the within Petition to be served upon Respondent Robert W. Rager by first-class mail addressed to him at his last-known address and by arranging, contemporaneously, for the Sheriff's office to serve a copy on the Respondent wherever he may be found. BY THE COURT, J. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TERESA RAGER, v. CIV~ ACTION -, LAW NO. Gj'(. - '/{.'/? (tVd ftf2.ho IN DIVORCE ROBERT W. RAGER, Defendant AND NOW, ~ RULE ~ day of 1996, upon this consideration of the within Petition, is hereby issued upon Respondent Robert W. Rager to show cause, if any he has, why the relief requested in the Petition should not be granted. RULE RETURNABLE-Lt>dayS from the date of service. ~_udlu':::l LULl-Uer ULUt;H Ul. I.,..UULL., ~etlCJ.oneL .l.1:) aWClraed !I ., J......:.v'- l-'Ut::i::lessJ..on ot cue IlldL.LLd..L l!uult: aL 1:10 l:Sl.rcu .L.JClIlle, ~I-''';'''''-, I?_uu~ylvClIu.d., audn.!.8p.......,..,~pnt" p,...,'L-.~_~". r;.d.~C.L. .:......~liI'2by eY!jvlw...d. [.......... ~1.ts8lfiR'3 "rQR ~r st3Y~V3 -.1- t.Re. ....a~d. l-'LU1-'t::.L.l...,l a.t 1J C B~_ _L :t......u...., (:t.~..L ll;,;,lc: I ~C"un;:::lyhCllild. J. , ....' " '.11 " " ; n~ 1 " J .\ , , , J ) .' n ! .;. - . ) . 1'1J 7. On or about August 9, 1996, petitioner was required to provide transport for her mother to visit an aunt who was undergoing surgery in Jacksonville, Florida. 8. Upon arrival in Florid3 on August 10, 1996, petitioner was contacted by Respondent who advised that he was moving back into the marital home against Petitioner's objections. 9. Respondent has threatened to destroy or damage the personal property and the mobile home in which petitioner has resided with her children and from which the Respondent moved more than a year ago. 10. Upon Petitioner's return to Pennsylvania, Respondent has refused to leave the property at 196 Birch Lane even though he has lived elsewhere for approximately one year. 11. petitioner has no alternative location where she can reside and provide a home for her son who is a senior at Cumberland valley High School. 12. Respondent's return to the marital home is purely for purposes of causing emotional and psychological turmoil in the household and is not for legitimate purposes of reconciliation or otherwise and, so long as Respondent is not enjoined from returning to the marital home, petitioner fears, based on Respondent's express statements to this effect, that Respondent will constantly 2 VERIFICATION I verify that the statements made in the attached pleading are true and correct, partially upon personal knowledge and partially upon my belief; to the extent language in the attached pleading is that of my attorneys, I have relied upon my attorneys in making this Verification. 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. / ---- /J .1.<-<.<<"eJ IC~'- Teresa Rager Date d'lk.. ~~ ............ '" -i r< '00- '1 ~ ? .. t() i:r; i .. '-U~ -, ..~ 0 , 0 '. rl~ c, -:(. " .J C. I , c.: ! u: " . l,- , .j ; . ~ I , , , , u (j , 1\.1: L~: !"-- C? c~" l~ L~~ :.' ~. (~ ';-J l' " c,__ I' ~, u 'r:l C. TERESA RAGER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW NO. 96-4643 ROBERT W. RAGER, Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on August 28, 1996 I served a true and correct copy of the Rule entered August 20, 1996 by the Honorable George E. Hoffer, by placing the same in the U.S. mail, postage prepaid, addressed to: Date I ofriJ If" it/I , Linda A. Clotfelter, Esquire LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road :;mp Hin, '^ 'ff& __ Bruce F. Bratton, Esquire o.