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HomeMy WebLinkAbout98-00607 " ~ ~ "t ~ , ~ '\i ~ ~ ~ ~ ~ . " \i) ~ """ .... :::/' lie ~ ,{ ~ .~ '. 1 . , ::j: -:~ 1i r ~ , ~ ! \. 1 \ Il,I \ ....... , ',. . - , . , .;:) .. '-.J ~ <;:) ~ c).. ~ ~ '-' .*-'---~--~-~-~*~*-***~~*:'**,,-~'~-*". ~ ' ----~- --- -------.......---..-.....--.-..... _........~.~,--------_.-..-_....-.....-....----................-------. ~ ~ y .', ~ .', ~ ,'~ ~ IN THE COURT OF COMMON PLEAS ~ w ~.' ~ w '.' .', ~ ~ OF CUMBERLAND COUNTY ~~ STATE OF i1~!~ PENNA. ",':~'~r. .', * ... liTEVE.N.. ~~. . RAUDABAUGH, Plai(\tgr ........ II N (). .~.Il~li.Q.7...... ..GJ.Y.:U., .', * " $ Vel':;ll~ $ ...~~.LJ ..S);;I(ERAK::-RAUDABA.UGH, ~.~ * Defendant ,i .', ~ ~ '.. ~ ~ '.' ~ '.' .', * .', ~ .'~ * .', ~ ~ *. '.. .'~ ~ .'~ ~ a '.. $ !I *. ~.' rt! ~.' .'~ . ~ a ~.' " ~ ;t! ~.~ ~.~ ~ ~ ~.' ~ ~ ~ ~.' ~ ~ '.' :t! ... ~ '.. ~ ~ '.' .p. I~ ~ J. ~~ ~ I~ :; I I~.: a rot lonotnry I ~ * ~ -- ----_.,'.-- .. -" -.. - .--~..".. ..." ".., -... ......'~ ~.~._~~~_~~__**_~__.~***ro*~~*ro~*~. ,.; * /, W '.' .', * DECREE IN D I V 0 R C E;t <(~OO~ AND NOW. ..~..e......,.,.. 1911.11.". it is ordered and decreed that .~~~Y.~l!. ~:. .~?!l.d.'~I??~.g.~... .. ... .... ... .. ... ..... plaintiff. and . .~'!-~r. .~:. ~.~~~~.a.~7~~.lI;~'!-~~.~~J:1... . ., ., .... . . . . ..... ., " defendant, are divorced from the bonds of matrimony. .', * ~.; ~ M .' ~.; ~ :.' ~ w ::~ ~ ~ '.. ~ ~.~ .', ~ ~ ..' The court retains jurisdiction of the following claims which have been raised of record in this action for which a tinal order has not yet been entered; None .', ~ w '.. ~.\ ~ ~ ~. : .~J:1~. .~,!-~~.i.~~~. .~E7~~.l.~~<<;!!1.t. .~~~.~E7I!1~~.~. ~~.t.~~. r.e.l?J;?~.X::(. P.... ~~.~!!. ~!3., hereby incorporated into this decree in divorce. . ,.... ................... ...... ...... .............. ..... ...... .', ~ ~ ~~ MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this /311 day of r..6rtl..Q;-v ,1998, by and between Steven R. Raudabaugh, (hereinafter referred to as "Husband,") and Mary J. Sekerak-Raudabaugh, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on November 12, 1994; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, there were no children born of this marriage; and WHEREAS, Husband and Wife desire to settle and determine their rights and Obligations; and NOW, THEREE'ORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1 . SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the 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. DIVISION OF PERSONAL PROPERTY AND ACCOUNTS The parties have divided between them to their mutual satisfaction their accounts, personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. Neither party will make any claim to any such items which are now in the possession or under the control of the other. Husband shall pay Wife the sum of $6,000.00 in full and complete satisfaction of any and all right or interest she made have in any other marital property. Upon execution of this agreement Husband shall make application for the withdrawal of the $6,000.00 from his retirement account. It is understood by the parties that it will take 10 to 14 days for the funds to be released. Immediately upon receipt of the funds, husband shall forward the $6,000.00 to Wife. 4. AUTOMOBILES Wife shall have all rights, duties and responsibilities to the 1997 Monte Carlo and Husband shall have all rights, duties and responsibilities to the 1996 Chevy K1500. Each party shall be fully responsible and liable for any and all loans, maintenance, insurance, or other costs associated with the ownership of their respective vehicles. Each party agrees to indemnify and hold the other harmless for any liability arising from the vehicle in their possession. 5. DIVISION OF REAL PROPERTY The parties own no real estate. 6. SUPPORT, ALIMONY AND ALIMONY PENDENTE LITE Each party acknowledges that her/she has sufficient resources and income to properly care for their individual needs. Neither party shall be entitled to seek support, alimony and/or alimony pendente lite from the other. Each party specifically waives any current or future right to support, alimony or alimony pendente lite from the other. 7. PENSION AND RETIREMENT ACCOUNTS Husband and Wife shall maintain their separate pension and/or retirement accounts. Husband relinquishes any and all rights he may have in Wife's pension or retirement accounts and Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts. 2 8 . MARITAL DEBTS Husband shall be responsible and hold Wife harmless for all debts solely in his name and Wife shall be responsible and hold Husband harmless for all marital debts solely in her name. 9. FILING OF IRS RETURN Husband and Wife agree to file a separate tax return for tax year 1997 and in all subsequent years. 10. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that Husband shall file a no-fault complaint in divorce under section 3301 (cl of the Divorce Code in Cumberland County. It is agreed that upon the expiration of the mandatory 90 day waiting period each party shall execute the required documents necessary to complete the divorce. Husband shall be responsible for the filing fees incurred in filing the complaint. Each party shall be responsible for the payment of their own attorney fees. Husband agrees to pay to wife the sum of $100.00 as a partial reimbursement of any attorney fees that she may have incurred. 11. INCORPORATION This agreement is to be incorporated but not merged into any subsequent Degree in Divorce. 12. CONTINUED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement execute any and all written instruments assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 13. BREACH If either party breaches any prov~s~on of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 3 14 . VOLUNTARY AGREEMENT Wife is represented by attorney Andrew C. Sheely and Husband is represented by attorney Thomas D. Gould. Each party has had the opportunity to full examine this agreement with their respective attorneys. The provisions of this agreement are fully understood by both parties and each party acknowledges that the 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. 15. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other I s estate. 16. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 17 . MODIFICATION AND WAIVER Any modification or waiver of any of the prov~s~ons of this agreement shall be effective only if made in writing and executed with the same formalities 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. 18. PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void and of no affect. 4 19. ENTIRE AGREEMENT This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 21. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties set their hands and seals M~~-? Steven c:=rraUc baugh . /~ ~ :JIcMtP- ~(1d/z(tt~ Mar J Sekerak-Raud augh ~.."o.~, Witness 3131'U>- Date /lnduw- C. t~, Witness 2-13-1"8 Date 5 n ID 0 ~; ::J -., \J;-'~ - - ...1 (nl'--;-~ <.~ .-,. -' ~,' -< 'il~ Z;~~:.. rv :"JrT1 I::> '-jCJ '-'S '; :;:15+1 .~-- s: ~~;c- '-') :!J ..:;- ..-, S' --....C) ~.S i:jlTI -, :3 ~ -- (n -< .' 8. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. ~~~ Thomas D. Gould Attorney for Plaintiff I. D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 Fax 761-1974 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: I/:;f{h~ , ~<;~ Ste~Raudabaugh . ~ -, (') [:: mFJ _',f .:.:'),!>. I.D v.l :'1 ,."' C!;) [) ." .:;J 'ii:--a I~ .:'fl1 ,)0 ~'J6 ;l..':p i.l;:'".J ~:,-r! C) '1 'b! :"':) -< i.~l.; '._' C'~ I (...' _,.f p" ~.: .-:" ~~ - o .. ".., ~; :,) (N ~. t> j '-I OJ -J ~~ ? ~ t' r -- ~ iT. C! ~~ . .... C'~ " "\ oJ l,. ':l STEVEN R. RAUDABAUGH, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98 - 607 CIVIL TERM MARY J. SEKERAK-RAUDABAUGH, DEFENDANT IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce on behalf of Mary J. Sekerak-Raudabaugh and certify that I am authorized to do so. Dated: 2~ tt - erg dwJ(2. Andrew C. Sheely, Es ir 127 South market Street Mechanicsburg, PA 17055 Attorney for Defendant ~ ,p 0 CO on ~t" "'T1 ~i 1""1 l}J OJ rrl ;,<;r- I 11 ~~~ lD C) r::o ~ j!~ K ~Q - ~ITI ,-==0 ;? :.t"'c: ~ -, N ~ -, U1 (") \.0 s~ c: CO " :~4 ... :71 "1'JU' Lilt:: ~'. ,fi:n -"'~ .r_...: ,-- i;j ~.:':'~ '" n~ .::;) ...~ . ::)l ~-~: :...~~ > 1~:B g~b :.1!: "~)' ".0 S' OfTl -. ~ ;t:.'o (J] :q -<. H (") i.r.'l 0 c: '-" -'1 -,- "T)f:':; - . =~ 7:..- 9l~';; , ;;,:n -, ,- {~,~': . N 11m C:l "'Jl-;1 ~:~ r.... ':, ~::'Il ',.' ~ <::;] ,J;: ("1 ~ _:l .. .,.0 ';>,0 5 i:Srn " ~ C~ -I i! ~ '1-. :0 cn -< ..... STEVEN R. RAUDABAUGH, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98 - 607 CIVIL TERM MARY J. SEDRAK-RAUDABAUGH, DEFENDANT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: -r/;,/91 0 \.0 1:J c: t..',) -n 0.- _._f '"1] f i~ ::.:,. :I~:n nil';; -, ""r- Z.:il N .;~~ :'::'C (J.">~ I:=' .') I;: ~:': ':J!. ? ::"-i~ i~Fj l}_ -',. "p '2 4i_ n U .~ !.. :;:! "'- :i:J =< ()i -< (") '.0 0 c: 0:.0 ~... ~; J ""C i ~;:i ":":.. :.;.1 C]J(!1 -< ".-n :7~j'~-! ~) -l1f~ [fiE. ':":m <::0 ''2 \:~L1 .- ~ :t::;.j S~f1 9 ~':':'!(~ ;"'rn ~ ..~J ", U1 :i? -, ,. STEVEN R. RAUDABAUGH, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98 - 607 CIVIL TERM MARY J. SEKERAK-RAUDABAUGH, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 3, 1998. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety ( 90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyar'o fees or expenses, if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: .5 J/:3 /ry I / ) ~ l ~rA' Y2.bh ('") <0 0 r.: OJ -'1 ,.. \Jr::; :1': -, ':':1" .-' nl(j'; --.: dl:n 6.~\~' e- N '--r" ~:,.... I::' ~~6 f.:=t') 2: ,. -n r......., :'):!J ~:~2 - c,O S' :.,I"n ;.:" ::, ~ ~~.. CJl :J:J -< IN THE COURT OF COMMON PLEAS O~' CUMIJERLAND COUN1'Y. PENNSYl,vANIA CIVI L AC'I'ION - LAW ~11j?.eqcbhf/~~ Plai i f : : : : ?8-fO01 . : File No. : vs. : IN DIVORCE : (i)t+e~ ;J. Selr:M, f{{fl/~j~~h Defend t : : : NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the 9' day of ~A"-U . 19 iff' . hereby elects to resume the prior surname of L)11"'1-"P QI'AV'/;/(}JI.u.1_ . and gives this written notice pur~~t to the provisions of 54 P.S. S 704. DATE: t:,1/ q /f' 0f~'S~e~'~~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. On the /Cflt, day of . 19 9 Ii. before me, a Notary Public. personally appea ed the above affiant known to me to be the person whose name is su scribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. seal. In Witness Whereof. I have hereunto set my hand and official Notarial SOil I J' Cnrol A. Murphy, Notary Public Harrl5burg, Dauphin Coun:y My Commls!:.lnn E)(pifG(i Nov. 2i', HE)" MRnb.~I, rf'lln.'.~lv'lllj" '~~'lr;:all!Jll uf Notarjl'~ 0 \0 0 c: w -n -,. (- "'T)~i"': :';1 [l)tT ~3 ":n f fA .<- "'F- A --_..1' N -,:~ , -. " 2/).;" (,11 .:-,0 \:l:- .') :, ..:z ~~:_; "-Ie -";") :]:::p r;' ~ 8 :i.: :hrl ~ ..,:;c; ~ i::i~ -- c: 0() 00 % -~ :.> ~ ~ "t> ~ O~ -< lL i!,3 1 y ~ r- "