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IN THE COURT OF COMMON PLEAS
DEe R EEl N -A- II f""l..., fi)AA
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OF CUMBERLAND
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COUNTY
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PENNA,
STATE OF
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rollER!' RAVES
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3703 Civil
Plaintiff
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CHARLENE RAVES
Deferrlant
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AND NOW.
Robert Raves
It) 97
decreed that
and Charlene Raves
are divorced from the bonds of matrimony.
. '. plaintiff.
defendant.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has nat yet
been entered; None; rut the parties incorporate and do not merge the
tenns of the attached Post Nuptial Agrement of DecEmber 17. 1997 into the
within Decree. .
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WHEREAS, certain differences have arisen between the
parties, as a consequence of which they have separated and now
live separate and apart from each other; and
WHEREAS, Husband commenced an action in divorce docketed to
No. 97-3703 civil Term in the Court of Common Pleas of Cumberland
county, pennsylvania (hereinafter called "Divorce Action"); and
WHEREAS, Wife is represented by Philip H. Spare, Esquire of
the firm of Snelbaker, Brenneman & Spare, P. c. and Husband is
represented by Richard S. Friedman, Esquire of the firm of
Friedman & Friedman, P. c.; and
WHEREAS, the parties having a full opportunity to be advised
of their respective rights, duties and obligations arising out of
the marriage and each having a full opportunity to investigate
and evaluate the assets, liabilities and all other aspects of
each other's property and their jointly owned assets and
liabilities, have come to an agreement for the final settlement
of their property and affairs.
NOW THEREFORE, in consideration of these presents and the
mutual covenants, promises, terms and conditions hereinafter set
forth and to be kept and performed by each party hereto, and
intending to be legally bound hereby, the parties mutually agree
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as follows:
SN[LD"~tR.
8R[~NlMA""
8. SPARE
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thereto;
3. One hundred twenty (120) shares of stock in
Pennsylvania Power & Light (PPL) together with
sixty percent (60%) of the amount of dividend
Husband has received;
4. sixty percent (60%) of the series EE United states
savings Bonds to be distributed in-kind;
9. Collection of Hummel figurines;
10. sixty percent (60%) of the cash value of
Prudential Life Insurance Policy No. 73-750-953;
and
11. Furniture, household goods and miscellaneous
personal property currently in Wife's possession.
B. ASSETS TO HUSBAND
1. Forty percent (40%) of net proceeds from sale of
marital residence in escrow with PNC Bank, N.A.
Statement savings Account Number 50-8028-1182;
2. Forty percent (40%) of marital portion of
Husband's retirement through his employer,
Pennsylvania Department of Transportation, with
the State Employes' Retirement System, as set
forth in the stipulation For The Entry of
"Domestic Relations Order" attached hereto as
Exhibit B and incorporated herein by reference
thereto;
3. Eighty (80) shares of the stock in Pennsylvania
Power & Light (PPL) , together with forty percent
(40%) of the dividend received;
4. Forty percent (40%) of the Series EE united states
Savings Bonds to be distributed in-kind;
5. Canon AE-1 camera;
6. 1987 Dodge Van;
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7.
Ned smith print;
SNELDAKE:R.
BRENNEMAN
& SPARE
8.
32 Winchester special, 20 gauge Stevens double
-4-
education, but does not include post-graduate work.
D.
shall be
school.
Duration of Child Support. Child support
payable until a child graduates from high
E. Shift From Child Support. As each of the
three children graduates from high school, Husband
shall decrease his child support payment by $72.00 per
week and increases his alimony payment by $72.00 per
week.
F. HEALTH INSURANCE. Husband shall continue to
provide comparable health insurance for each child
until such child graduates from college (or otherwise
terminates his or her college education). During the
period of health insurance coverage, Husband shall pay
two-thirds (2/3) of all unpaid medical expenses
including eye, dental and orthodontic expenses for
children.
G. DEPENDENT FOR TAX PURPOSES. Beginning in 1998
and continuing each year thereafter, Husband shall be
permitted to claim Ryan as a dependent for income tax
purposes.
H. REDUCTION OF ALIMONY AMOUNT. As each child
graduates from college (or otherwise elects to
terminate his or her college education), the amount of
alimony shall be reduced by $72.00 per week.
6. LIFE INSUR~NCE. Husband agrees to provide life
insurance policies on his life with the children, REBECCA RAVES,
ROBYN RAVES and RYAN RAVES, named as beneficiaries in the amount
of $100,000 each to be in effect until the named beneficiary
reaches 22 years of age.
7. FUTURE OBLIGATIONS. The parties agree that any and all
obligations incurred subsequent to the date of this Agreement,
L.AW o"lces
SNELBA.KER.
BRENNEMAN
a SPARE
shall be the sole and separate liability and responsibility of
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LAW OFFICt5
SNELDAl<:ER
BRENNE"vlA'"
8: SP.\R!:
the party incurring the obligation and each party agrees that
he/she will not incur or attempt to incur any obligations for or
on behalf of the other party and will indemnify and hold harmless
the other party of and from any and all liability arising from
such future obligation.
8. RELEASE OF RIGHTS UNDER DIVORCE CODE.
Except only as
specifically provided to the contrary hereinabove in this
Agreement, each party hereby waives and forever releases the
other party of and from any and all claims which either may have
against the other by reason of and pursuant to the Pennsylvania
Divorce Code (and the divorce law of any other jurisdiction)
including, but not limited to, alimony, alimony pendente lite,
equitable distribution of marital property, counsel fees, costs
and expenses, except that the performance of any obligations
created hereunder may be enforced by any remedies under the
Pennsylvania Divorce Code.
9. INDIVIDUAL PROPERTY. Except only as may be provided
specifically to the contrary hereinabove, each party shall retain
all property, real, personal and otherwise, which is presently
titled in his or her name and ownership, whether or not said
property is or would be deemed to be marital property under the
Pennsylvania Divorce Code and each party hereby expressly
releases the other of and from any and all right of equitable
distribution in and to said individually owned property of such
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other party.
10. GENERAL RELEASE. Husband relinquishes his inchoate
intestate right in the estate of Wife, and Wife relinquishes her
inchoate intestate right in the estate of Husband, and each of
the parties hereto by these presents, for himself or herself, his
or her heirs, executors, administrators or assigns, does hereby
remise, release, quit-claim and forever discharge the other party
hereto, his or her heirs, executors, administrators or assigns,
or any of them, of any and all claims, demands, damages, actions,
causes of action or suits at law or in equity of whatsoever kind
or nature, for or because of any matter or thing done, omitted or
suffered to be done by such other partv prior to the date hereof,
except that this release shall in no way exonerate or discharge
either party from the obligations and promises made or imposed by
reason of this Agreement. This Agreement shall not be construed
11. SURVIVAL OF AGREEMENT. It is the intention of the
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to affect or bar the right of either party to an action for the
enforcement or performance of this Agreement which may be
instituted pursuant to the remedies available under the
Pennsylvania Divorce Code.
parties that this Post-Nuptial Agreement shall survive any action
in divorce which may be instituted or prosecuted by either party,
LAW OFFI:::LS
and no order, judgment or decree of divorce, temporary,
S....(LOAKE:R.
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interlocutory, final or permanent, shall affect or modify the
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terms of this Agreement, but said Agreement may be enforced by
any remedy at law or in equity, including enforcement proceedings
under the Pennsylvania Divorce Code. The parties agree to
incorporate this ~greement into a separate order of court to be
entered in the Divorce Action, but this Agreement shall not be
merged into said order or decree in divorce.
12. COOPERATION. The parties agree to cooperate with each
other and to make, execute, acknowledge and deliver such
instruments and take such further action as may hereafter be
determined to be requisite and necessary to effect the purposes
and intention of this Post-Nuptial Agreement.
13. VOLUNTARY EXECUTION. The provisions of this Agreement
and their legal effect have been fully explained to the parties
by their respective attorneys. Each party acknowledges that this
Post-Nuptial Agreement is fair and equitable, that it is being
entered into voluntarily, with full knowledge of the assets of
both parties, and that it is not the result of any duress or
undue influence. The parties acknowledge that they have been
furnished with all information relating to the financial affairs
of the other to the extent same has been requested by each of
them.
14. ENTIRE AGREEMENT. This Post-Nuptial Agreement and
LAW OHlctS
SNELOAKtR.
E3RENNEM.v~
a $NRE
accompanying Exhibits A and B contain the entire understanding of
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S!\;[l..O.\l':ER.
BRE!\;~E"'\AN
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the parties and there are no representations, warranties,
covenants or undertakings other than those expressly set forth
herein. The parties acknowledge and agree that the provisions of
this Agreement with respect to the distribution and division of
marital and separate property are fail', equitable and
satisfactory to them based on the length of their marriage and
other relevant factors which have been taken into consideration
by the parties. Both parties hereby accept the provisions of
this Agreement with respect to the division of property in lieu
of and in full and final settlement and satisfaction of all
claims and demands that they may now have or hereafter have
against the other for equitable distribution of their property by
any court of competent jurisdiction pursuant to the pennsylvania
Divorce Code or any amendments thereto. Each party voluntarily
and intelligently waives and relinquishes any right to seek a
court ordered determination and distribution of marital property,
but nothing herein contained shall constitute a waiver by either
party of any rights to seek the relief of any court for the
purpose of enforcing the provisions of this Agreement.
15. WAIVER. The waiver of any term, condition, clause or
provision of this Agreement shall in no way be deemed or
considered a waiver of any other term, condition, clause or
provision of this Agreement.
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II:
ROBERT RAVES,
Pla intiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. '11,
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("...,. -J "..
CHARLENE RAVES,
Defendant
COMPLAINT IN DIVORCE
COMPLAINT UNDER SECTION 33011dl
OF THE DIVORCE CODE
1. Plaintiff is Robert Raves, who currently resides at 660
Pool Dr., Apt. 103, Harrisburg, Pennsylvania 17109.
2. Defendant is Charlene Raves, who currently resides at 1806
Silver pine Circle, Mechanicsburg, Pennsylvania 17055.
3. The parties have resided in Pennsylvania continuously
for at least six (6) months prior to the filing of this
Complaint.
4. The Plaintiff and Defendant were married on August 21,
1971, at camp Hill, Pennsylvania.
5. There was a prior action of divorce between the parties
filed by Plaintiff in the Court of Common Pleas of Dauphin County
on or about June 21, 1993, docketed to number 2409-S-1993, which
said action wa~ purged by the Prothonotary of Dauphin County for
inactivity on or about April 8, 1997.
6. Plaintiff acknowledges notification of the availability
of counseling as prescribed in the Pennsylvania Rules of Court.
7. The marriage is irretrievably broken.
8. Neither Plaintiff nor Defendant is in the military
service of the United States.
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-3703 CIVIL
ROBERT RAVES,
Plaintiff
CHARLENE RAVES,
Defendant
COMPLAINT IN DIVORCE
ACCEPTANCE OF SERVICE
TO THE PROTHONOTARY:
I, Philip H. spare, Esq., hereby acknowledge receipt
and accept service of a true and correct copy of the Complaint
filed by Plaintiff in the within action on behalf of the
Defendant, being duly authorized to do so.
SNELBAKEI) ANa BRENNEMAN -t- 5PIlRE, P. c.
~~~
Dated:
71~h7
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RSF:ka:raves.acc:dompld
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ROBERT RAVES,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97-3703 civil
CHARLENE RAVES,
Defendant
COMPLAINT IN DIVORCE
NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE
TO: Philip W. Spare, Esquire, Attorney for Defendant, Charlene
Raves
Plaintiff intends to file with the Court the attached
Praecipe to Transmit Record on or after August 28, 1997
requesting that a final Decree in Divorce be entered,
Respectfully submitted,
FRIEDMAN AND FRIEDMAN, P.C,
Date: \ k~ E, L9q+
Rich rd Esquire
600 . Second Street
Penthouse Suite
p, O. Box 984
Harrisburg, PA 17108
(717) 236-8000
IN TilE COURT OF COMMON PLEAS OF
Cm1BERLAND COUNTY, PENNSYLVANIA
HOIlERI' \Q\VES
NQ, 97-3703
CIVIL
1997
vs.
OIAA1Ei\'E MVES
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 ~~~~)
330I'(d) (1)) of the Divorce Code.
(Strike out inapplicable section.)
2. Date and manner of service of the complaint: JUlY ]5. ]997 by first
C];L~S mai] to COIUlscl of rcconl,acccpt.Ulcc acknowlcugcu
3. (Complete either paragraph (a) or (b) .)
(a) Date of execution of the affidavit of consent required by Section
3301 (c) of the Divorce Code: by the plaintiff
by defendant
(b) (1) Date of execution of the plaintiff's affidavit required by
Section3301 (d)of the Divorce Code:
-17/97
(2) date of service of the plaintiff's affidavit upon the defencant:
7/15/97
4. Related claims pending: All l','onomIC claims arc outst;Ulding
laintiff)
(Q~~~I1~~I1~~
IH(]!,\IW S. lRIITt>L\.\;, ESQUIRE
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WHEREAS, certain differences have arisen between the
parties, as a consequence of which they have separated and now
live separate and apart from each other; and
WHEREAS, Husband commenced an action in divorce docketed to
No. 97-3703 civil Term in the Court of Common Pleas of Cumberland
County, Pennsylvania (hereinafter called "Divorce Action"); and
WHEREAS, Wife is represented by Philip H. Spare, Esquire of
the firm of Snelbaker, Brenneman & Spare, P. C. and Husband is
represented by Richard S. Friedman, Esquire of the firm of
Friedman & Friedman, P. C.; and
WHEREAS, the parties having a full opportunity to be advised
of their respective rights, duties and obligations arising out of
the marriage and each having a full opportunity to investigate
and evaluate the assets, liabilities and all other aspects of
each other's property and their jointly owned assets and
liabilities, have come to an agreement for the final settlement
of their property and affairs.
NOW THEREFORE, in consideration of these presents and the
mutual covenants, promises, terms and conditions hereinafter set
forth and to be kept and performed by each party hereto, and
intending to be legally bound hereby, the parties mutually agree
LA.... O'fICtS
as follows:
SNELDAKER.
BRtSNEMAN
Ii SPARE
-2-
1. INCORPORATION OF PREAMBLE. The foregoing preamble and
paragraphs are incorporated by reference herein in their
entirety.
2. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION.
The parties agree that the items of property set forth in
"Exhibit A" are all of the assets which they acquired during
their marriage and which would be the subject of equitable
distribution if submitted to a court for division under the
provisions of the Pennsylvania Divorce Code. The parties declare
and agree that they are familiar with said assets and hereby
waive the evaluation thereof, although each party declares that
she/he has had full opportunity obtain such evaluation.
3. DIVISION OF ASSETS. Upon the execution of this
Agreement and except as otherwise provided, the parties agree to
divide, allocate, retain and/or transfer the assets shown on
"Exhibit A" as follows (the items numbers refer to the
corresponding numbers on "Exhibit A") :
A. ASSETS TO WIFE
1. sixty percent (60%) of net proceeds from sale of
marital residence in escrow with PNC Bank, N.A.
Statement Savings Account Number 50-8028-1182;
2.
Sixty percent (60%) of marital portion of
Husband's retirement through his employer,
Pennsylvania Department of Transportation, with
the State Employes' Retirement System, as set
forth in the Stipulation For The Entry of
"Domestic Relations Order" attached hereto as
Exhibit B and incorporated herein by reference
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thereto;
3. One hundred twenty (120) shares of stock in
Pennsylvania Power & Light (PPL) together with
sixty percent (60%) of the amount of dividend
Husband has received;
4. sixty percent (60%) of the series EE united states
savings Bonds to be distributed in-kind;
9. Collection of Hummel figurines;
10. sixty percent (60%) of the cash value of
Prudential Life Insurance Policy No. 73-750-953;
and
11. Furniture, household goods and miscellaneous
personal property currently in wife's possession.
B. ASSETS TO HUSBAND
1. Forty percent (40%) of net proceeds from sale of
marital residence in escrow with PNC Bank, N.A.
Statement savings Account Number 50-8028-1182;
2. Forty percent (40%) of marital portion of
Husband's retirement through his employer,
Pennsylvania Department of Transportation, with
the state Employes' Retirement system, as set
forth in the stipulation For The Entry of
"Domestic Relations Order" attached hereto as
Exhibit B and incorporated herein by reference
thereto;
3. Eighty (80) shares of the stock in Pennsylvania
Power & Light (PPL), together with forty percent
(40%) of the dividend received;
4. Forty percent (40%) of the series EE united States
Savings Bonds to be distributed in-kind;
5. Canon AE-1 camera;
6. 1987 Dodge Van;
8.
32 Winchester Special, 20 gauge Stevens double
LAW C''''Cl:S
SN[LDAKtR.
8RH.N(MAN
a SPA.RE
7.
Ned Smith print;
-4-
the party incurring the obligation and each party agrees that
he/she will not incur or attempt to incur any obligations for or
on behalf of the other party and will indemnify and hold harmless
the other party of and from any and all liability arising from
such future obligation.
8. RELEASE OF RIGHTS UNDER DIVORCE CODE.
Except only as
specifically provided to the contrary hereinabove in this
Agreement, each party hereby waives and forever releases the
other party of and from any and all claims which either may have
against the other by reason of and pursuant to the Pennsylvania
Divorce Code (and the divorce law of any other jurisdiction)
including, but not limited to, alimony, alimony pendente lite,
equitable distribution of marital property, counsel fees, costs
and expenses, except that the performance of any obligations
created hereunder may be enforced by any remedies under the
Pennsylvania Divorce Code.
9. INDIVIDUAL PROPERTY. Except only as may be provided
specifically to the contrary hereinabove, each party shall retain
all property, real, personal and otherwise, which is presently
titled in his or her name and ownership, whether or not said
LAW C,"~[S
property is or would be deemed to be marital property under the
Pennsylvania Divorce Code and each party hereby expressly
releases the other of and from any and all right of equitable
SN[LDA~ER
DR[N'I~~~~
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distribution in and to said individually owned property of such
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terms af this Agreement, but said Agreement may be enforced by
any remedy at law or in equity, including enforcement proceedings
under the Pennsylvania Divorce Code. The parties agree to
incorporate this Agreement into a separate order of court to be
entered in the Divorce Action, but this Agreement shall not be
merged into said order or decree in divorce.
12. COOPERATION. The parties agree to cooperate with each
other and to make, execute, acknowledge and deliver such
13. VOLUNTARY EXECUTION. The provisions of this Agreement
instruments and take such further action as may hereafter be
determined to be requisite and necessary to effect the purposes
and intention of this Post-Nuptial Agreement.
and their legal effect have been fully explained to the parties
by their respective attorneys. Each party acknowledges that this
Post-Nuptial Agreement is fair and equitable, that it is being
entered into voluntarily, with full knowledge of the assets of
both parties, and that it is not the result of any duress or
undue influence. The parties acknowledge that they have been
furnished with all information relating to the financial affairs
of the other to the extent same has been requested by each of
them.
14. ENTIRE AGREEMENT. This Post-Nuptial Agreement and
LAW o,rl=CS
SNELB.\I([R.
eRE:NN(o"~,,,
a SP.'l.RE:
accompanying Exhibits A and B contain the entire understanding of
-9-
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SN[:.DA~[R.
8RE"lNE'UN
a S::Ool,R~
the parties and there are no representations, warranties,
covenants or undertakings other than those expressly set forth
herein. The parties acknowledge and agree that the provisions of
this Agreement with respect to the distribution and division of
marital and separate property are fair, equitable and
satisfactory to them based on the length of their marriage and
other relevant factcrs which have been taken into consideration
by the parties. Both parties hereby accept the provisions of
this Agreement with respect to the division of property in lieu
of and in full and final settlement and satisfaction of all
claims and demands that they may now have or hereafter have
against the other for equitable distribution of their property by
any court of competent jurisdiction pursuant to the Pennsylvania
Divorce Code or any amendments thereto. Each party voluntarily
and intelligently waives and relinquishes any right to seek a
court ordered determination and distribution of marital property,
but nothing herein contained shall constitute a waiver by either
party of any rights to seek the relief of any court for the
purpose of enforcing the provisions of this Agreement.
15. WAIVER. The waiver of any term, condition, clause or
provision of this Agreement shall in no way be deemed or
considered a waiver of any other term, condition, clause or
provision of this Agreement.
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performed by such party hereunder. The Husband or Wife agrees to
give the other prompt written notice of any litigation threatened
or instituted against either party which might constitute the
basis for a claim for indemnity pursuant to the terms of this
Agreement.
22. MODIFICATION. No modification, rescission or amendment
to this Agreement shall be effective unless in writing signed by
each of the parties hereto.
23. SEVERABILITY. If any provision of this Agreement is
held by a Court of competent jurisdiction to be void, invalid or
unenforceable, the remaining provisions hereof shall nevertheless
survive and continue in full force and effect without being
impaired or invalidated in any way.
IN WITNESS WHEREOF, the parties have hereunto set their
respective hands and seals the day and year first above written
intending to legally bind themselves and their respective heirs,
persanal representatives and assigns.
WITNESSED BY:
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Charlene Raves
(SEAL)
SNELDAl(ER.
BRENNEMAN
& SPARE
I
(SEAL)
L.AW OI'r1CCS
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EXHIBIT A
1. Net proceeds from sale of marital residence (1806
Silver pine circle, Mechanicsburg, PAl in escrow with
PNC Bank, N.A. Statement Savings Account Number 50-
8028-1182;
2. Husband's retirement through his employer, Pennsylvania
Department of Transportation, with the State Employes'
Retirement System;
3. 200 shares of stock in Pennsylvania Power & Light (PPL)
together with the dividends Husband has received;
4. Series EE United States Savings Bonds;
5. Canon AE-l camera;
6. 1987 Dodge Van;
7. Ned Smith print;
8. 32 Winchester Special, 20 gauge Stevens double barrel
shotgun, 12 gauge pump action shotgun, 20 gauge Ithaca
pump action shotgun, .50 Caliber Black Powder gun, deer
rifle, precision Edge Bow and miscellaneous hunting
equipment and accessories;
9. Collection of Hummel figurines;
10. Prudential Life Insurance Policy No. 73-750-953;
11. Furniture, household goods and miscellaneous personal
property.
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a SPARE
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ROBERT RAVES,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-3703 CIVIL
CHARLENE RAVES,
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 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 divorce is indignities or irretrievable
breakdown of the marriage, you may request that the court require
you and your spouse to attend marriage counseling prior to a
divorce decree being handed down by the court. A list of
marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Court House, Carlisle. You
are advised that this list is kept as a convenience to you and
you are not bound to choose a counselor from the list. All
necessary arrangements and the cost of counseling sessions are to
be borne by you and your spouse.
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 WHERE YOU CAN GET LEGAL HELP.
Court Administrator
One Courthouse Square
CarliSle, Pennsylvania 17013-3387
(717) 240-6285
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SNELBAKER, BRENNEMAN & SPARE, P.C.
SNfl DAK!:.:R.
BRENN[MA.'~
& SPMll
By
Defendant
OBERT RAVES,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-3703 CIVIL
CHARLENE RAVES,
Defendant
IN DIVORCE
ANSWER TO PLAINTIFF'S COMPLAINT WITH COUNTERCLAIM
AND NOW, comes Defendant Charlene Raves, by her attorneys,
nelbaker, Brenneman & Spare, P. C., and files this Answer to
omplaint with Counterclaim as follows:
1. Admitted.
2. Admitted in part and denied in part. It is admitted
hat the defendant is Charlene Raves. It is denied that
efendant currently resides at 1806 Silver Pine circle,
echanicsburg, Pennsylvania. On the contrary, it is averred that
Defendant currently resides at 429 Spring House Road, Camp Hill,
pennsylvania.
3. Admitted.
4. Admitted.
5. Admitted.
6. Paragraph 6 requires no response from Defendant.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
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COUNTERCLAIM
11. Paragraphs 1 through 10, above, are incorporated herein
reference thereto.
12. During the marriage, the parties accumulated marital
roperty.
13. The parties hereto entered into a written Post-Nuptial
greement dated December 17, 1997.
14. This Answer with counterclaim is filed to protect
efendant's rights pursuant to said Post-Nuptial Agreement and
he Divorce Code.
WHEREFORE, Defendant requests your Honorable Court to
quitably divide the marital property and award her alimony
to the parties' Post-Nuptial Agreement dated December
and award her counsel fees and expenses incurred in an
ffort to enforce the terms of said Post-Nuptial Agreement.
SNELBAKER, BRENNEMAN & SPARE, P.C.
ate: January 2, 1998
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By: ',::,,, ),
Ph l1p H. S 'are, Esquire
44 West Main Street
Mechanicsburg, l~ 17055-0318
Telephone: 717-697-8528
Attorneys for Defendant
Charlene Raves
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VERIFICATION
I verify that the statements made in the foregoing Answer to
complaint with counterclaim are true and correct. I understand
that false statements herein are made subject to the penalties of
18 Pa. C.S. S4904 relating to unsworn falsification to
authorities.
)
r!.h(l~.L.'-v'})c {~{vcJ
Charlene Raves
Date: January 2, 1998
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SNrlnAKEH.
BRENN!:M^~
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Plaintiff
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY.PENNSYLV ANIA
CIVIL ACTION - LAW
NO: 97.370~ CIVIL TERM
ROBERT RAVES.
vs.
CI IARLENE RAVES.
Defendant
IN DIVORCE
MOTION FOR ENTRY or DOMESTIC RELATIONS ORDER
AND NOW. comes the Defendant. Charlene Raves, by her attorneys. Snelbaker.
Brenneman & Spare. 1',(', and mo\'Cs your I lonorable Court as follows:
I. The parties ha\'C reached an agreement regarding equitable distribution of
Plaintiff Robert Ra\'es' retirement and/or pension with the Commonwealth of Pennsylvania.
~
The terms of the parties' agreement is set forth in the attached document entitled
"Stipulation for the Entry of"Domestil" Relations Order".
3, The parties intend to ha\'e the ternlS \11' the attached Stipul..tion incorporated into
an Order of Court.
WI IEREFORE, Dcli:ndant Charlene Raws respe(;tfully requests your llonorablc Court to
enter an Order directing that the terms of the Stipulation for the Entry of "Domestic Relations
Order" dated May I. ~OOI be ineorpl1r.lled into an Order ofTourt and be binding upon the
parties and the Commonwealth of Pennsylnmia. Stale Employ cs' Retirement System.
Respel"tfully submitted.
Date: \ lay ( . ~lllll
Snelbaker, Brenneman & Spare, p,(',
BY:___$ - ,~ ________..__
I 'ilip II, Spare. Esquire
Pa. Supreme Court I.D, # 65~OO
.j.j West 7\lain Street
P,(), Bll":; IX
\1cl"hanil"sburg.l':\ 17055-031 X
1717) hl)7-X5~X
:\ttl'nl\'y s I,'r Dcli:ndant. Charkne Ra\ es
LA.... (1tfICES
SNELBAKER
BRENNEMAN
8: SPARE
B, Member shall forthwith execute and deliver to Alternate Payee an authorization, in a
form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant
information concerning Member's retirement account. Alternate Payee shall deliver the
authorization to SERS which will allow the Alternate Payee to check that she has been and
continues to be properly nominated under this paragraph,
10, The term and amounts of Member's retirement benefits payable to the Alternate
Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and
Agreement is dependent upon which option is selected by Member upon retirement. Member
and Alternate Payee expressly agree that Member may select any retirement option offered by
SERS under the Retirement Code at the time Member files an Application for Retirement
Allowance with SERS, Member hereby designates the alternate Payee as his irrevocable
survivor annuitant in the event Member selects any retirement option with a survivor annuity.
II, Alternate Payee may not exercise any right, privilege or option offered by SERS.
SERS shall issue individual tax forms to t'-'lcmber and Alternate Payee for amounts paid to each,
11. In the event of the death of Alternate Payee prior to receipt of all of her payments
payable to her from SERS under this Order, any death benefit or retirement benefit payable to
Alternate Payee by SERS shall be paid to Alternate Payee's Estate to the extent of Alternate
Payee's equitable distribution portion of t'-Icmber's retirement benefit as set forth in Paragraphs
Seven through Nine.
13. In no event shall Alternate Payee have greater benefits or rights other than those
which are available to t'-Iember. Alternate Payee is not entitled to any benefit not otherwise
--1-
provided by SERS, The Alternate Payee is only entitled to the specific benefits offered by SERS
as provided in this Order. All other rights, privileges and options offered by SERS not granted to
Alternate Payee by this Order are preserved for Member,
14. It is specifically intended and agreed by the parties hereto that this Order:
(a) Does not require SERS to provide any type of benefit, or option, not
otherwise provided under the Retirement Code;
(b) Does not require SERS to provide increased benefits (determined on the basis
of actuarial value) unless increased benefits are paid to Member based upon cost ofIiving or
increases based on other than actuarial values.
15, The parties intend and agree that the terms of this Stipulation and Agreement shall be
approved, adopted and entered as a Domestic Relations Order.
16. The Coun of Common Pleas ofCumberJand County, Pennsylvania, shall retain
jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and
Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations
Order; provided, however, that no such amendment shall require SERS to provide any type or
form of benefit, or any option not otherwise provided by SERS, and funher provided that no
such amendment or right of the Co un to so amend will invalidate this existing Order.
17. Upon entry as a Domestic Relations Order, a cenified copy of the Domestic
Relations Order and this Stipulation and Agreement and any attendant documents shall be served
upon SERS immediately. The Domestic Relations Order shall take effect immediately upon
.5-
,
SERS approval and SERS approval of any attendant documents and then shall remain in effect
until further Order of Court,
WHEREFORE. the parties, intending to be legally bound by the terms of this Stipulation
and Agreement, do hereunto place their hands and se
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Defendant/Alternate Payee
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Attorney or Defe nt/AI;ernate Payee
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sixty percent (600it,) of the marital property component of any and all of Member's retirement
benefit including, but notlimiled to, single life annuity, death benefits and survivor annuities,
S. Member's retirement benefit is defined as alimonies paid to or on behalf of
Member by SERS including any lump sum withdrawals or schedulcd or ad hoc increases, but
excluding the disability portion of any disability annuity paid to Member by SERS as a result of
a disability which occurs before the Member's marriage to Alternate Payee or after the date of
the Member and Alternate Payee's final separation. Member's retirement benefit docs not
include any deferred compensation benefits paid to member by SERS. The equitable distribution
portion of the marital property component ofMcmber's retirement benefit, as set forth in
Paragraph Seven (7), shall be payable to Alternate Payee and shall commence as soon as
administratively feasible on or about the date the Member actually enters pay status and SERS
approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is
later.
9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent
of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death
benefits payable by SERS. This nomination shall become effective upon approval by the
Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations
Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining
after the allocation of Alternate Payee's equitable dislribution portion ("Balance") shall be paid to
the beneficiaries named by Member on the last Nomination of Beneficiaries Fornl filed with the
Retirement Board prior to f\1cmber's death,
-3-
A, If the last Nomination of Beneficiaries Form filed hy Member prior to
Member's death (I) predates any approved Domestic Relations Order incorporating this
Stipulation and Ab'l'eement. and (2) names Alternate Payee as a heneficiary. then: (a) the tenns
of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit,
and (b) for purposes of paying the Balance via the last Nomination of Beneficiaries Fonn filed
with the Retirement Board prior to Member's death. Alternate Payee shall be treated as if
Alternate Payee predeceased Member, No portion of the Balance shall be payable to Alternate
Payee's estate.
S. Member shall forthwith execute and deliver to Alternate Payee an authorization. in a
fonn acceptable to SERS. which will authorize SERS to release to Alternate Payee all relevant
infonnation concerning Member's retirement account. Alternate Payee shall deliver the
authorization to SERS which will allow the Alternate Payee to check that she has been and
continues to be properly nominated under this paragraph.
10. The tenn and amounts of membcr's retircment benefits payable to the Alternate
Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and
Agreement is dependent upon which option is selected by Memher upon retirement. Member
and Alternate Payee expressly agree that Member may select any retirement option offered by
SERS undcr the Retirement Code at the time Member files an Application for Retirement
Allowance with SERS, Member hereby designates the alternate Payee as his irrevocable
survivor annuitant in the event Memhcr selcets any retircmcnt option with a survivor annuity.
-4-
II, Altemate Payee may not exercise any right, privilege or option offered by SERS,
SERS shall issue individual tax fomls to Member and Altemate Payee for amounts paid to each,
11. In the event of the death of Altemate Payee prior to receipt of all of her payments
payable to her from SERS under this Order, any death benefit or retirement benefit payable to
Altemate Payee by SERS shall be paid to Altemate Payee's Estate to the extent of Altemate
Payee's equitable distribution portion of Member's retirement benefit as set forth in Paragraphs
Seven through Nine.
13, In no event shall Altemate Payee have greater benefits or rights other than those
which are available to Member. Altemate Payee is not entitled to any benefit not otherwise
provided by SERS. The Altemate Payee is only entitled to the specific benefits offered by SERS
as provided in this Order. All other rights, privileges and options offered by SERS not granted to
Altemate Payee by this Order are preserved for Member.
14. It is specifically intended and agreed by the parties hereto that this Order:
(a) Does not require SERS to provide any type of benefit, or option, not
otherwise provided under the Retirement Code;
(b) Does not require SERS to provide increased benefits (detennined on the basis
of actuarial value) unless increased benefits are paid to Member based upon cost of living or
increases based on other than actuarial values.
15. The parties intend and agree that the temlS of this Stipulation and Agreement shall be
approved, adopted and entered as a Domestic Relations Order.
16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain
.5-
"
jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and
Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations
Order; provided, however, that no such amendment shall require SERS to provide any type or
fonn of benefit, or any option not otherwise provided by SERS, and further provided that no
such amendment or right of the Court to so amend will invalidate this existing Order.
17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic
Relations Order and this Stipulation and Agreement and any attendant documents shall be served
upon SERS immediately, The Domestic Relations Order shall take effect immediately upon
SERS approl'al and SERS approval of any attendant documents and then shall remain in effect
until further Order of Court,
WHEREFORE, the parties. intending to be legally bound by the tenllS of this Stipulation
"d Agre=,,'. do h=",,, pi,,, <he;, h,"d, "d =Q
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Plaintiff! mber
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Attorney for Plaintiff!Member
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Defendant/Alternate Payee
~~
Attorney for Dc endant/Altemate Payee
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