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Home My WebLink About00-03753 ,-, -~ " ."'K . " ,~ . .J ;;~:...;.,: ::.~:..c.;~ '::~:C~;:' ':~~:"+X::'~::C.-~':.~~{>>>::~~:~<C~;::'~~3f&~:: ::~~>>;~t~:~::C.;,: .;~::+X ':~::+;.:: ,.:~::+;~;'" ~.::+;.:""~>>;.( :',{+;.:: ::~>>;.'-: :':~:..<<.:~:.::(')::c(~~~::c.~~,;~::*,::~!::c~~-:,,~::+x,_,~~;<:::~:+;~,;~-;".:+:)~::,~>>>t::~;1 ~ - ~;; ;,; ~ k~ ~ ~-.." ~ ~.~ ~ ~.~ ~ ~.~ ~ ~ ~.~ ~ ,; ~ t";' ~.; ~ f": i:i ~ ~ ~ :;J ~ I ~..;( '::.>>;." ':i-",:: ~ !".~ ~";~ ~ ~ ~ ~ f.'~ ~ ~.~ ~ ?~ ~ Ii'.~ \/ ~ ;..~ , '_7 " . IN THE COURT OF COMMON PLEAS ;,.; ~ I '".,>' ~ ~.~ OF CUMBERLAND COUNTY STATE OF PENNA. ',/ ~ ~.' t Ii'.' FRANCIS A. RAWDEN --.-- I II N 0, ........Q.Q:::~]~3 ................., Plaintiff Versus ..CARLEA. .M... . LENKER. . J)~J~Ilq.Cln.t____ ~ ~.~ ~ ~ ,', . ,", .}~ ~ ~ i ~ 't,-.'. ~ DECREE IN D I V 0 R C E ;i <I:O( fM AND NOW, ~k. ~l"... ~., it is ordered and decreed that., .E't.a.ndp. A.. Ra.w<;1~l1..",..,...,.....".".",. plaintiff, and, , , ,Ca.r.l61a. M. ,Le.nk61r, , , , , , , , . , , , . , , , , , . , , . . , . , , , , , , , , .. defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; .......................................................................... , ,.". 'The' 'prope'rty' Eiettlement' 'Ag-:r'e'emeni:' 'date'd 'jurie '30',' '2Ma""" is hereb incorporated but not merged herein. ........0....... r. J, othonotary ~.S ~ ~ ~.<! ~'s ~ i ~.<! ~.~ * ~ j ~.<! ~~~ ~ N ~ >., ;.'~ * ~~~ ~ ~.~ ~ ~ ~ '"", ~ ~ f..; ~ ~ ~.~ , ~ f..; ~ ~ .~.~ ;:,~;; N ~ ~.~ ~ ~.~ , ''', ~ ~.<! ~~~ ~ ~ Ii'.<! ~.~ ~ ~.~ ~ "., ~ ~.~ ~ ~.~ ~ ~.~ ~ '.' ~ '.~ ~ ,,' S ~ '.~ ~ ~l , ..---...-. ~ ~~ , ~o::. '::.~:<)>>}:,: ..,~>>;.;,. ':;.>>::!,.: :',.:+::-.: :-":+::!;" :'.:.::."_ ':';:.;'" ".:.::'" "~:.::., "'::+::'" ::'::.::<:::'::.::<>::+;"-- >::+;.':- :::.::.::.,;: :::';:+::':, ".::.::." ::.::.::.,: :".::.::. : >::.::~:' ",,,",,,~,,,,,.u.., " ,...... .,. ". ",.If" ~. ". f{'I'M M~~z::4c6'~ /fICJt:1 7l~ ~ '~~' ~, --""""',- --'-'-d-~~.~=~-- ~~ ~ N ___ ~_~_ ,~ -',i',"" 'ui . " .. , , PROPERTY SETTLEMENT AGREEMENT 06 -.3 7&3 G ~L C -;itA THIS AGREEMENT made this 30- day of ~AJV'..e 2000 by and between Carlea M, Lenker (hereinafter referred to as "Wife") of Cumberland County and Francis A. Rawden (hereinafter referred to as "Husband") of Cumberland County, WIT N E SSE T H WHEREAS, Husband and Wife were lawfully married on July 31, 1993 in Cumberland County, Pennsylvania; and WHEREAS, no children have been conceived or born of this marriage; and WHEREAS, the marriage is irretrievably broken; and WHEREAS, diverse differences and difficulties have arisen between the parties respecting their interests, rights and title in and to certain property, real and/or personal, owned by or in possession of the said parties to either of them; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations and to amicably adjust, compromise and forever settle all property rights and all rights in, to or ,'""_ ,,"~," ." ,',0'" ~ ~ , , against each other's property or estate of any kind or nature whatsoever, including property heretofore or subsequently acquired by either party and to settle all disputes existing between them, including any and all claims for Wife's and/or Husband's rights to equitable distribution, maintenance and/or support, alimony, alimony pendente lite, counsel fees and costs; and WHEREAS, the parties acknowledge and agree that in entering into this Agreement, including foregoing waivers, they are each relying on truth and completeness in all material respects as to all information provided by the other party hereto regarding the assets of such person. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements hereinafter contained, each of the parties hereto intending to be legally bound hereby promises, covenants and agrees as follows: 1, DIVORCE: The parties agree that their marriage is irretrievably broken and that they mutually consent to a divorce and agree to execute all necessary Affidavits of Consent and Waivers of Notice forms required by the court for the entry of a mutual consent divorce ninety days after the divorce complaint is filed, on or about September 18, 2000, Both Husband and Wife will immediately file with the 2 ~,~ . .- ~ . -~,' -,."oJ II -'.. I . Court said Affidavits and waivers and file the appropriate documents to request a Decree in Divorce from the bonds of matrimony under Section 3301(c) of the Divorce Code after the ninety (90) day waiting period, which is on or about September 18, 2000, 2. FULL FORCE AND EFFECT: This Agreement shall continue in full force and effect until such time of final Decree in Divorce is entered. 3. AGREEMENT TO CONTINUE IN EVENT OF DIVORCE: In the event that the marriage of the parties hereto is terminated by divorce, this Agreement shall nevertheless remain in full force and effect, and shall survive such decree and shall not in any way be affected thereby, except as provided for herein. 4. 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, 3 _. 6. . . 5. WIFE'S DEBTS: Wife represents and warrants to Husband that since the date the Divorce Complaint was filed, to wit, June 19, 2000 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 made against him by reason of debts or obligations incurred by her. 6. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the Divorce Complaint was filed, to wit, June 19, 2000 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, 7. AFFIRMATION OF PRIOR AGREEMENTS: This agreement in no way modifies or voids any prior agreements or court orders unless specifically referred to herein, 8. MUTUAL RELEASES: 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 4 . . 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 any or 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 of 1980, as amended in 1988 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 as incorporated in the divorce decree, under the Divorce Code of 1980, as amended in 198a, 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. 9. 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 agree that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would become entitled thereto as if the decedent had been the last to 5 -,,;" ,:-c--,-"-" "-,, .,_"-,;-,,, '0'.-- 'i' '_,,' 'i . die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's Last Wills under the present or future laws of any jurisdiction whatsoever and is intended to confer third- party beneficiary rights upon the other heirs and beneficiaries of each, 10. AGREEMENT BINDING ON HEIRS: The parties acknowledge that except as provided for in this Agreement, each of the parties shall have the right to dispose of their respective property by Last will and Testament, and that each party waives the right to take under the Will of the other. This Agreement shall be binding on the respective heirs, executors, administrators and assigns of the parties thereto. 11. ENTIRE AGREEMENT: This Agreement represents the entire agreement between the parties, There are no representations, promises, agreements, conditions, or warranties between the parties other than those set forth herein. 12. LEGAL ADVICE/VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel. The Husband has employed and has had the benefit of counsel of Laurie A. Saltzgiver, Esquire, 6 .' C .-<,', .,", , ,'~, ',_~ _, . - ~ H 'C'_'" '.?(.- 'I as his attorney. Wife is well aware of her right to obtain counsel to represent her and has decided against retaining an attorney. Each party acknowledges that they have the opportunity to seek independent legal advice from counsel to be fully informed of their legal rights and obligations. 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. The 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, Husband acknowledges that he has been fully advised by his attorney of the current Pennsylvania Divorce Law, and his rights thereunder, and 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. Wife acknowledges her right to retain counsel to represent her and waives that right and 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. Both parties waive their respective right to have the Court 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 and expenses. 7 . ,'- "<_."",-.,-, .'" " 13. DISCOVERY/FINANCIAL DISCLOSURE: The parties agree and acknowledge that they have each had the opportunity to conduct discovery and investigation of the assets of both parties. The parties acknowledge the right to issue interrogatories on the other party and to conduct discovery and with that knowledge each party waives his or her right to engage in formal discovery. The parties agree and acknowledge that they have made full and fair disclosure of all of their assets and income to the other party. The parties acknowledge that they have both been given the opportunity to conduct investigation into all assets, whether separate or marital, prior to entry into this agreement. Both Husband and Wife acknowledge they have had full and fair disclosure of all assets prior to execution of this agreement. Furthermore, the parties acknowledge that they have both had full disclosure as to both parties income and financial condition. 14, DIVISION OF PERSONAL PROPERTY. FURNITURE AND FURNISHINGS: The parties intend to divide between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph. 8 ~ CWJ- ;i,,'. . ;. " -~" " . ~.. 15. DISPOSITION OF REAL PROPERTY: Wife does hereby set over, transfer and assign to Husband all of her right, title and interest in the marital residence and contiguous properties located at 241 Reeser Road, Camp Hill, Pennsylvania, Cumberland County, Pennsylvania. The marital residence and contiguous properties shall be the sole property of the Husband and Wife agrees to executed a deed and any other documentation necessary to transfer the property into Husband's n~me alone. Wife agrees that she shall execute the deed and any other necessary documents upon the execution of the forms, u~~er ,'" STRIBUTI~ on or a, Lump Sum Payment - Husband $25,000 lump sum equitable distribution payment upon the execution of the Affidavits of Consent and Waiver of Notice forms, on or about September 18, 2000. b. Checkinq and Savinqs Accounts - Wife shall keep as her sole and exclusive possession any and all checking and savings account presently held in her name alone. Husband shall keep as his sole and exclusive possession any and all checking and savings accounts presently held in his name alone. c. Wife's Accounts - Wife shall keep as her sole and exclusive possession her MONY Retirement Account which 9 J." is presently held in her name alone. Husband shall waive any and all right, title and interest to said MONY Retirement Account. d. Husband's Financial, Retirement, Stock and Investment Accounts - Husband shall keep as his sole and exclusive possession any and all financial, retirement, stock and investment accounts which are presently held in his name alone. Wife waives any and all right, title and interest thereto. These accounts are: 1. Husband's Simple IRA through Dynamic Appraisals, Inc,; 2. Husband's Army Aviation Center Federal Credit Union IRA, savings account and checking account; 3, Commerce Bank checking and savings account #0032035768 4. Fidelity account #142-053791 and #T029072883; 5, Kaufmann Fund, Inc. account #1196346 6, Lindner Dividend Fund account #36754; 7, Schering-Plough account #0000840017; 8. IRA Janus account #201022415; 9. Eastman Kodak account #4500-10-432-8907; 10. International Paper Company, CVSIP #001-750- 46014610; 11. Caterpillar, Inc. account #14398-89408; 12, Goodyear Tire and Rubber Company account #5721- 14580-46592; 10 . *- . .-,", ,- ,-.." .,-~" ",.i_,." 13. Vanguard account #9932253832; 14. SCE Corporation account #0502746241; 15. Charles Schwab account #HG7336-9010. Wife agrees to execute any and all documentation necessary to give effect to this paragraph upon the execution of the Affidavits of Consent and Waiver of Notice forms on or about September 18, 2000. e. Joint accounts - Any and all financial accounts, savings accounts, stock accounts, retirement accounts or any other investment vehicle which is presently held in the parties joint names shall be Husband's sole and exclusive possession and shall be transferred into Husband's name alone. These accounts are: 1. American Water Works/Bank of Boston account #1210- 10/64-4788; 2. Janus Twenty Fund account #201657064; 3. American Century Ultra Fund account #022-001216949 Wife agrees that she shall execute any and all documentation necessary to transfer and retitle the above referenced accounts into Husband's name alone. Wife agrees to execute any and all such documentation upon the execution of the Affidavits of Consent and Waiver of Notice forms on or about September 18, 2000. f. Automobiles - Wife shall keep the 1997 Oldsmobile, which is titled in her name, as her sole and exclusive possession. Wife shall be responsible for any and all 11 ~"_ . , _6. ~. , 'C',_,' _ . e,' ',.. " ~ I _~!__,,' "" ' '--"'.'- liabilities or liens related thereto, Husband shall waive any and all right or title to said automobile. Husband shall keep the 1998 Volvo, which is titled in his name, as his sole and exclusive possession. Husband shall be responsible for any and all liabilities or liens related thereto. Wife shall waive any and all right or title to said automobile. Both parties agree to execute any and all documentation necessary to give effect to this paragraph upon the execution of the Affidavits of Consent and Waiver of Notice forms on or about September 18, 2000. g, Credit Cards - Each party shall be responsible for payment of any and all credit cards held in their name alone, Wife shall be responsible for payment of any and all credit cards in her name alone, and shall indemnify and hold Husband harmless against payment of same. Husband shall be responsible for payment of any and all credit cards in his name alone, and shall indemnify and hold Wife harmless against payment of same. 17. WAIVER OF RIGHT TO HUSBAND'S RETIREMENT INSTRUMENTS: Wife acknowledges and agrees that she waives any and all right, title, entitlement or interest in Husband's Military 12 .". - - ~ ' " Retirement which is currently in pay status. Additionally, Wife waives any and all right or entitlement to Husband's Survivor Benefit Plan "SBP". Wife shall execute any and all documentation necessary to give effect to this paragraph upon the execution of the Affidavits of Consent and waiver of Notice forms on or about September 18, 2000. 18. BUSINESS INTERESTS: Wife shall keep as her sole and exclusive possession her business interests and any benefits ~nd/or liabilities derived therefrom. 19. WAIVER OF RIGHT TO SPOUSAL SUPPORT, ALIMONY. ALIMONY FENDENTE LITE. COUNSEL FEES. COSTS AND EXPENSES: The parties hereby acknowledge that they each waive their right to request spousal support, alimony, alimony pendente lite, counsel fees, costs and expenses from the other, unless otherwise provided for in this Agreement, 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. 13 _"'-'="; ~ "',,,c_, " " - '-.- ,.-"..,-~;]- - - ':1 21. AGREEMENT TO CONTINUE IN EVENT OF DIVORCE: 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. In the event that the marriage of the parties hereto is terminated by divorce, this Agreement shall nevertheless remain in full force and effect, and shall survive such decree and shall not in any way be affected thereby, except as provided for herein, 22. ADDITIONAL INSTRUMENTS: a. 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. b. This Agreement shall be incorporated into a Divorce Decree but not merged therein. 23. 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, 14 ,'-' o.~: ,.. -,' '< " . . 24. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 25. 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. 26. EXECUTION DATE: The execution date shall be defined as the date both parties have signed this Agreement. In the event that the parties do not sign this Agreement at the same time, the execution date shall be the date the last party has signed, This Agreement shall be construed 27. APPLICABLE LAW: pursuant to the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have hereunto set their ~"~and Y~irc' CARLEA M. ~ENKER WITNESS above-wr tten, C" -:;Z~r",~ ~ ~cOo FRANCIS A, RAWDEN ./ ~ 15 - ....~~ '.uib..I~ ....1 "'~iIi~lj;j,_ii_!::.J . , . ~ w. , ',,-.-,.-, .... - ~.",.,"" " CJ '...- ~ -urn ~;; <'- :r: C) .?-,~'l YC -z. :z ,. ...::;- .;.j " ~ ""1 .~ . _, "~'r1 ,',) c', .;~<;? ---;-1 '~("'1 ",_rt1 S 'J'o: ?J. "'IT" .~~: - - ,,,", ,0 _c_ _~ -,'-"',.'<, - ~ ----~.~ - '" ..~ ,"~,.~, - -'*i, FRANCIS A. RAWDEN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 00-3753 CARLEA M. LENKER Defendant CIVIL ACTION - LAW 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 Section 3301(c) of the Divorce Code, 2. Date and manner of service of the Complaint: Certified mail, restricted delivery, delivered on June 21. 2000, proof of service filed in the prothonotarv on June 26. 2000. 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the plaint if september 20, 2000; by the defendant September 20. 2000. 4. Related claims pending: No other claims are pendinq, 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301(d) (1) (i) of th Divorce Code. (b) Date plaintiff's Waiver of Notice in ~ 3301(c) Divorc was filed with the prothonotary: September 21, 2000, / Date ivorce I was filed with II II I i MEYERS, DESFOR, SALTZGIYER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236.9428 . FAX (717) 236.2817 II ','b-,'_' ~, -~ " ~"..= ~," G .....~tolru'ii-~~,....'lI:lI!li!lll1Il!\l'~ ~~ ........, tK ~ ,:, ,=.~c_ ~~,.,_ ...;~~ ~~.........=="~ 0 (,:) () C 0 "J" s: C> va:' ;;;"", f1lr"-, -l z:b zC. I (J)d.:::: "00 -<' / r~B -0 ;;; ~8 '"""--'" (:1 z 0 :r;! :< :0 0') -< ,-~-,~ ~ . ..0-.......""1' \ ~ .--,~-._-~ '"~>.~., -".~--"--.~ ,,",",,,,,,..-. -~'ki_,~"""'''-"'-_, ",;___.,_:,"",," , FRANCIS A. RAWDEN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 00 - 3'753 CUl'(7e: CARLEA M. LENKER Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served,'by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counselors is available at: The Office of the Prothonotary, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU D 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. I il II I: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA l7013 (717)249-3166 MEYERS, DESFOR, SALTZGlVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 , _ ,__~= ._, __ . ~O_ ,-- ''''~~~''''',,",,~~," . . ,.~~~-~-.,-- -~.,~,~-", ,._ ~ - l-,__" FRANCIS A. RAWDEN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: CARLEA M. LENKER Defendant CIVIL ACTION - LAW IN DIVORCE NOTICIA LE RAN DEMANDADO A USTED EN LA CORTE. si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion, Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la I peticion do demanda. Usted puede perder dinero 0 sus proPiedadesj o otros derechos importantes para usted, I LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717}249-3166 I, I 11 ii MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236,9428 . FAX (717) 236,2817 . =".,~" _""~'M "'~--'~_'_""'"",'_'",_-,'_-~;_"'.-'"<&.,_ - ,"-,-""""",~' f-<-.-" FRANCIS A. RAWDEN Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO : cXJ - :3 7.5"3 .C;;; 'T.u-. CARLEA M. LENKER Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Francis A. Rawden, an adult individual who currently resides at 241 Reeser Road, Camp Hill, Pennsylvania 17011. 2. Defendant is Carlea M, Lenker, an adult individual who currently resides at 241 Reeser Road, Camp Hill, Pennsylvania 17011, 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant are husband and wife having been married on July 31, 1993 in Camp Hill, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken, 7. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request the court require the parties to participate in counseling, being so advised, Plaintiff waives that right. 8. Plaintiff requests the Court to enter a Decree of Divorce MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236,9428 . FAX (717) 236.2817 -- ^ -,-~ - -,> ,'.<"~ -, pursuant to Sections 3301(C) and 3301(D) of the Divorce Code. WHEREFORE, Plaintiff, Francis A, Rawden, respectfully requests this Honorable Court enter a Decree in Divorce pursuant to Sections 3301(C) and 3301(D) of the Divorce Code. COUNTS COUNT I ADULTERY 9. Paragraph numbers one through eight are incorporated by reference as if fully set forth herein. 10. The Defendant in this action has committed adultery during the term of the marriage with Antonio Inacio. 11. The grounds upon which this action is based are 23 Pa. C.S.A. ~3301(a) (2), as the Defendant has committed adultery pursuant to that Section of the Divorce Code. 12. Plaintiff requests this Court enter a Decree in Divorce pursuant to section 3301(a) (2) of the Divorce Code. WHEREFORE, Plaintiff, Francis A. Rawden, respectfully requests this Honorable Court to issue a Decree in Divorce divorcing him from the bonds of matrimony pursuant to Section 3301(a) (2) of the Divorce Code. COUNT II INDIGNITIES 13. Paragraph numbers one through twelve are incorporated by reference as if fully set forth herein. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236,9428 . FAX (717) 236.2817 __,n _.-" ~,-"..~,~-. ._~-" ~ ~"-,-_.-~",__~,,,,, '--0"0.>__<__'" .c' _ -''''_-O-_'-''~''r~'''_- ,",- ~ ~_~ -,J." . _I 14. The grounds upon which this action is based are indignities pursuant to Section 3301(a) (6) of the Divorce Code. During the marriage, the Defendant has committed such indignities against the Plaintiff so as to make his life burdensome and intolerable. 15. The Plaintiff requests the Court issue a decree in divorce based upon indignities pursuant to section 3301(a) (6), WHEREFORE, Plaintiff, Francis A, Rawden, respectfully requests this Honorable Court to issue a Decree in Divorce divorcing him from the bonds of matrimony pursuant to section 3301(a) (6) of the Divorce Code, COUNT II I EQUITABLE DISTRIBUTION 16. Paragraphs one through fifteen of the Complaint are incorporated herein by reference as if set forth in full, 17. During the marriage, plaintiff and defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under the Divorce Code. 18. Plaintiff requests that the Court equitably distribute all marital property pursuant to the Divorce Code. WHEREFORE, Plaintiff, Francis A. Rawden, respectfully requests this Honorable Court equitably distribute all marital property pursuant to the Divorce Code. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 _ ~" .< ,,' _..e,.-~-.,~ --"~_"~' -""'-'~"-"-"-..;"8', '-A-'~'",~,~-,~,,:;, '<__'__ ro',". "" _~.~j,," " COUNT IV COUNSEL FEES 19. Paragraphs one through eighteen of the Complaint are incorporated herein by reference as if set forth in full. 20. By reason of this action, Plaintiff will be put to considerable expense in the preparation of his case, in the employment of counsel, and the payment of costs. 21. Plaintiff is without sufficient funds to support himself and to meet the costs and expenses of this litigation and unable to appropriately maintain himself during the pendency of this action. 22. Plaintiff's income is not sufficient to provide for his reasonable needs and to pay his attorneys' fees and the costs of this litigation. WHEREFORE, Plaintiff, Francis A. Rawden, respectfully requests this Honorable Court compel the Defendant to pay Plaintiff's counsel fees and costs incurred in this action. COUNT V ALIMONY 23. Paragraphs one through twenty-two of the Complaint are incorporated herein by reference as if set forth in full, 24. Plaintiff lacks sufficient property to provide for his reasonable needs. I 25. 'I Ii ,I II II ! Plaintiff is unable to sufficiently support himself through appropriate employment. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 .' -, .~;;- -~-"--,, '-' - ,~~,>-, ---. - . -. ,- '..' .-~" ,c.' "'_"_",-"_= ," '. _ '.f-.,~.,,"" ,.' ",-__.,~" - . ,_.-,;-_ ,. J_, "~ ['_'".' . 26. Defendant has sufficient income and assets to provide continuing support and to pay alimony to the plaintiff, WHEREFORE, Plaintiff, Francis A. Rawden, respectfully requests this Honorable Court compel defendant to pay alimony to plaintiff. Respectfully submitted, MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236.2817 Jj H:- , ,I I I II II , I I = " ~~ -~"""'M""-i_ VERIFICATION I, , verify that the Francis A. Rawden statements made in this Complaint in Divor~A I I of my knowledge, information and belief. I I II II 'I are true and correct to the bes I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S, Section 4904, relating to unsworn falsification to authorities. 1 I Dated: II Ii !i I! il I' il 'I " '1 !i I; , I! 6/1(;/00 1--~UA '1:J ~~ ( X) Plaintiff Defendant MEYERS, DESFOR, SAlTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 FRANCIS A. RAWDEN Plaintiff v. CARLEA M. LENKER Defendant " -~ -. '" , .~"-~~"., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 00-3753 CIVIL ACTION - LAW IN DIVORCE PROOF OF SERVICE OF COMPLAINT IN DIVORCE . Complete Items,;-:l,and 3:Ai~~conipleie' item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back'of the mailpiece, or on the front if space permits. 1. ArtC;;/;~edtlenker 'Howard Ho.nna J>efue) fer 33/0 markd Sfreef {;0/rJtjJ ;Y~ J10a /10/1 ~Si~Ju( D. Is delivery address different from item 1? If YES, enter delivery address below: 3. Service Type W Certified Mail o Registered o Insured Mail o AaOr:, m4ddressee DYes DNa o Express Mail o Return Receipt for Merchandise 00.0.0, 4. Restricted Delivery? (Extra Fee) Yes 2. Article Numbe.' (C.O!!l<.J!l.fJom service-label) :z clifJ WdW ;'1P~ . PS Form ~ ' 11 , July ~1999 " ,1" D~m~ic Return 'Rec~Jpt ' MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . p.o, BOX 1062 . HARRISBURG, FA 17108 (717) 236-9428 . FAX (717) 236-2817 Ii 102595-99-M-17B9 ~~ .:1 ?::: ~. .cO- g :2 <- :~. j :~ ) ~"::!: "'-'-. ~J ;.- i:n ,--0 c...,:' J.Z ,'. Z ....~ :.:.--.: "iJLu "DO- -, Z '.1,- 0 ::::> Li C) 0 """,,'j '.'J ," ;1,-" '", \::':;"!'I' ::.};_;,~;.:;,:~:::::~;'~,- '".",'-; I' .:I . ,': i'~ ii 'I I I , ,',' ~ , ,---,,,"1,,'-- , ..J , FRANCIS A. RAWDEN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 00-3753 CARLEA M. LENKER Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of 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 decre will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are tru and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S. ~ 4904 relating to unswor falsification to authorities. Date 'f - Z-o - :z.-c,oc:.l -:{~~ 74 ~ Francis A. Rawden II " MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P'o, BOX 1062 . HARRISBURG. PA 17108 (717) 236,9428 . FAX (717) 236,2817 - ~, "J' " - _ .,' ',~ '<<=,,-- . ., """,,,,_w"~,,",,- ~, 1iliiI-=..........~B H, .r _ _" .. ~, . .", 0'- \ ~. - C) <.-:> 0 c 0 ... ~ U) ::::1 ::;:,.- ""0-0::; f'1 :"~j~ 1'11[1' -0 2::0 N 2C,- :;'19 ~~: ~';{o ~c; " :.1'= :r{ ~o ::z ,-,- 2'0 -:::::'0 M c""5m >" c > ~ ':Jl :0 -..J -< Ii! -'=', ,"-_. ,- ~ - l~ FRANCIS A. RAWDEN plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 00-3753 CARLEA M. LENKER Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 19, 2000. The marriage of the Plaintiff and Defendant is irretrievabl broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I 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 tru 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: ? - '20 - J-c1ccO :f-~ it bc!k-. Francis A. Rawden I, Ii MEYERS, DESFDR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P,O, BOX 1062 . HARRISBURG, PA 17108 (717) 236,9428 . FAX (717) 236-2817 :if""'"' "" , ..............,',. 0<' _,~..= '~'~10liI!t~.M;l """'"'"h I.~.- , . "":,,,~ -'" ',,' -f." " (") <:> 0 c C) Tj -~ en so., "'OeD f"T1 -,- rn(rj -0 :1~ Z~:t) N Zl};_~ (J),__ ,~ -<~, :<0 " -~..; Ii ,;.;f)'l )>() 3: 7("') z" )>0 r:? om c ~ ~ U1 -.J -< ~lI ~ , . -~ ~'-'=~-: *',. -~, ~,--- FRANCIS A. RAWDEN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 00-3753 CARLEA M. LENKER Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 19, 2000. The marriage of the Plaintiff and Defendant is irretrievabl broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I 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 tru 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: 9jGv / ro/ ~ ";{ Carlea M. Lenker MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P'o, BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236,2817 II ~" '" , ,""~,-n _ ,,~ ~ ." "r~;~f .'- ~;;"........~"~,~, -~llIilllJl ~- ,~,=~~~,c " ~,. -,,"~- w...,,;""" - .,1 ~o ,. ~ -- .~, ' LllIiill (') 0 ~ C <0 <r tI) :.::J utO ITf ~1~ mfn " 2:0 N nt? Zt;:: "~T.! (j)".,c,.. i::\ -, -< .' -~{C ~C: -0 ~~~ ~'" :Jl: ,,, 5>8 "'-rn ~ 8 Z (Jl :s:; =< --I -< . Jro1 "' , . .' "'."..k'"'~' J "".' ""-< ~< FRANCIS A. RAWDEN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 00-3753 CARLEA M. LENKER Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301CC) OF THE DIVORCE CODE 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decre will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this affidavit are tru and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S. ~ 4904 relating to unswor falsification to authorities. Date q,Lc)/ /V ~~ Carlea M. Lenker I, II MEYERS, DESFOR, $ALTZGIVER & BOYLE 410 NORTH SECOND STREET . P,O, BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 j~~'"",,'. "I. ';1<".. __~ 1 ~ , . "'.....- C'_ <'~~."""'='<1il~ " ~ ~ ~ 1Ii;~ .'. _c' 1ilIiIlIlII.... " ~, 0 0 ~ C 0 ::::,,~ (I) ,-, '"OCC fT1 ;:ri.J1 111fT; -0 , Z;lJ N ~'~:iEj Z'C; (,0<:.:::. Q.!.. ~~ s~~r1 kO -0 ~O ",,- ~O - :;;;8 N olTJ .. ~ c; UJ =< .>oj -<