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HomeMy WebLinkAbout07-3328Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMMY A. RAGER, IN THE COURT OF COMMON PLEAS v. Plaintiff RANDY E. RAGER, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 07.3328 Ci v) : CIVIL ACTION - LAW : 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMMY A. RAGER, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. RANDY E. RAGER, Defendant NO. 07- 3 3 a8 CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Tammy A. Rager, an adult individual residing at 195 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Randy E. Rager, an adult individual residing at 779 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on August 18, 1993 in Johnstown, Pennsylvania. 5. There were three (3) children born of this marriage. Two (2) of the children are deceased. The surviving child is Kailyn R. Rager (Born: May 9, 2005). 6. The parties separated on April 5, 2007. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. FAULT INDIGNITIES 12. The averments in paragraphs 1 through 11, inclusive of Plaintiffs Complaint are incorporated herein by reference thereto. 2 13. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. FAULT ADULTERY 14. The averments in paragraphs 1 through 13, inclusive, of Plaintiff s Complaint are incorporated herein by reference thereto. 15. Defendant has committed adulterous acts in violation of the marriage vows and the laws of the Commonwealth of Pennsylvania. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 16. The averments in paragraphs 1 through 15 of Plaintiffs Complaint are incorporated herein by reference thereto. 3 17. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, Tammy A. Rager, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; and C. Awarding other relief as the Court deems just and reasonable. Dated: June 4, 2007 Barbara Sample-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 4 J?.r . 4. 233; 2.32PNi No.8631 P. 2 Barbam Sumple-Sullivan, ]Esquire Supreme Court #32317 549 Bridge Stmt New Cumberland, PA 17070 (717) 774-1445 TAMMY A. RAGER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA. v. . NO. RANDY E. R.AGERy : CIVIL ACTION - LAW Defendant : IN DIVORCE AM DAVIT 9EGA"WG COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. 1 understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unworn falsification to authorities. Dated: TAMMY A. RA Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMMY A. RAGER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. RANDY E. RAGER, Defendant : CIVIL ACTION -LAW : IN DIVORCE VERIFICATION I, Tammy A. Rager, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: April, 2007 _-ra- TAMMY A. 04GER c..? .y ni o - ? - p t tw ?c Barbara Sample-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMMY A. RAGER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. RANDY E. RAGER, Defendant 1. 2. 3. NO. Del- 33a$ C;v?1 : CIVIL ACTION -LAW : IN DIVORCE PETITION FOR EMERGENCY RELIEF: PLAINTIFF'S PETITION FOR ACCESS TO HUSBAND'S TOOL COLLECTION FOR PURPOSES OF INVENTORY AND APPRAISAL AND TO PREVENT DISSIPATION Petitioner is Tammy A. Rager, an adult individual, residing at 195 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania 17013. Respondent is Randy E. Rager, an adult individual residing at 779 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011. Respondent resides with his paramour. The parties were married on August 18, 1993 and separated April 5, 2007. 4. Simultaneously with this filing, Petitioner filed a complaint in divorce on fault grounds and is seeking equitable distribution of marital property. . . 5. Respondent is a mechanic and has acquired an extensive tool collection during the course of this marriage. 6. The tools represent one of the most significant assets of the parties' marital estate and consist of an extensive collection of high end, quality tools such as Snap-On Tools. 7. Respondent has in the past estimated that his tool collection is worth in excess of One Hundred Thousand Dollars ($100,000.00). 8. These tools are easily fungible, moveable, transferable, and easily hid or liquidated. 9. There are no tools at the marital home because the home had been destroyed in a devastating fire which also resulted in the death of two of the parties' minor sons in August, 2006. 10. Respondent's tools are currently stored at two separate addresses: a) Husband's place of employment: Farlling GA Garage 654 Bloserville Road Newville, PA 17241 and 2 b) A garage adjacent to Sheaffer Machine Shop 405 North East Street Carlisle, PA, which garage is under the control of Tim Beachley, a Snap-On Tool dealer 11. Petitioner is fearful that once Respondent receives service of the Divorce Complaint, he will remove, transfer, secretly dissipate or otherwise liquidate the tools housed at the above addresses before they can be inventoried and valued. 12. Such actions by Respondent will prevent Petitioner from obtaining a full and complete inventory and appraisal of Respondent's significant tool collection and defeat the equitable distribution process. 13. Petitioner requests that an order be entered enjoining the Respondent from transferring, removing, hiding and/or selling his tools pending valuation and appraisal for this litigation process. 14. Petitioner also requests an order be entered requiring Defendant's employer and Tim Beachley to allow an appraiser hired by Plaintiff access to Defendant's tools located at both addresses listed in paragraph 10 for purposes of inventory and appraisal of Defendant's tool collection. 3 15. Petitioner files this Petition in accordance with 23 Pa. C.S.A. §3323 (f), which provides: Equity power and jurisdiction of the court- In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause. 16. No notice of this filing has been presently given to Defendant pursuant to C.C. R.C.P. 208.2d because Petitioner is fearful Respondent will transfer, remove, hide and/or sell his tools before an Order prohibiting any act of transfer is granted and/or before the full collection can be inventoried and appraised. 17. To the best of Petitioner's knowledge, Respondent has no counsel. 18. Pursuant to C.C. R.C.P. 208.3(2), Petitioner confirms that there has been no Judge assigned to this matter. 4 WHEREFORE, Petitioner requests that this Honorable Court enter an Order restraining Respondent from removal and/or liquidation of his tool collection until the parties reach an agreement or the Court enters an Order regarding equitable distribution. y submitted, DATE: June 45 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff 5 . A . . - , 0 0 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMMY A. RAGER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. RANDY E. RAGER, Defendant : CIVIL ACTION -LAW : IN DIVORCE VERIFICATION I. Tammy A. Rager, hereby certify that the facts set forth in the foregoing PETITION, are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: June, 2007 TAMMY A. ER (" ? n A° ? (-n ,t a W W C ?? JUN 0 6 2007 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMMY A. RAGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RANDY E. RAGER, Defendant NO. 07- 3302$ Civt* ( CIVIL ACTION -LAW IN DIVORCE RULE AND NOW, this day of , 2007 in consideration of Petitioner's Petition For Emergency Relief, a RULE is issued on Respondent to show cause, if any, why the Court should not grant the relief requested. The Rule is returnable within /5" days from the date of service. BY THE COURT: (i 111) OF r TH 2001 JU"' I I AH H: 29 C L", Im L2 F""' Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMMY A. RAGER, : IN THE COURT OF COMMON PLEAS Plaintiff V. RANDY E. RAGER, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-3328 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7004 2890 0002 8468 8332, Return Receipt Requested, on the above-named Defendant, Mr. Randy E. Rager, on June 7, 2007 at Defendant's last known address: 779 Erford Road, Camp Hill, PA 17011. This was accepted by his designated agent, Ellen Coleman. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: June 8, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff U.S. Postal Servic e mru CERTIFIED A IL,,., R ECE IPT M CO (Domestic Mail Only; No Insuranc e Coverage Provided) cc Postage $ ;. ??. Q C3 Certified Fee `77 7 O Return Receipt Fee (Endorsement Required) 2.1 r ? He m I C ? Ir RssMcted Delivery Feel red) (Endorsement Required) Y " `''' a 3~ ru / - Total Postage & Fees /I. 7r 4 CIL N 1i C3 ' °m4. rAN0 . ----------------------------------- o.POBoxNo. ------- - ------- ----------------------------- ------------- ---------- I-T) All-L-1 ... ! ! ......_......_........------- 1`101! ¦ Oompiete items 1, 2, and 3. Also complete brn 4 N Restricted DelMq is deshed. • 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 matlpiece, or on the front If space permits. 1. Article Addressed to: I?'?r. ?A?i?y ?. J2AFiE?. rmJ???? ??aD UmpH-iPAh01l A. Signature WlWelmd b?.(Printed Name) C. a ggf? Delivery 9/lern CA/ j'Y1Qn 1Qq?7ja-- D. Is delivery address different from item 1? C] Yes If YES, enter delvery address below: 0 No 3. 7l" 19re Meal 0 ?xpreea Mail O Regl mad gPawm Receipt for Merchartdke 0 Irreurod and C.O.D. 2. Arftle Number 7004 2890 0002 8468 8332 (Avatbr IFom.erna. Atlas PS Form 3811, February 2004 Dot meW Resat aeoW taQeeea¢xt?o Exhibit A c:... ? ?+ G -r' ?- ro ?s?? .. ? c ?'_. _r? 4 ? ..?t T .. - ? F. "!? ,, .: ?i ., .. . ,. i t ? ? ? +- _ -= C.? X C...- 1 W ? ?^a --?? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMMY A. RAGER, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. RANDY E. RAGER, Defendant :NO. Q?' -- 3 3 •L?' CIVIL ACTION -LAW IN DIVORCE 01-c-j ct'?" 7 PETITION FOR FURTHER INTERIM RELIEF 1) On June 5, 2007, Petitioner filed an Ex-Parte Petition for Emergency Relief wherein Petitioner was requesting an order requiring the Respondent not to dissipate, sale, move or transfer tools which were acquired during the marriage pending their inventory and appraisal. The tools are stored in garages of third parties, which garages are accessible to the Respondent and located at 405 North East Street, Carlisle, Pennsylvania and 6544 Bloserville Road, Newville, Pennsylvania. 2) Petitioner is fearful that once Respondent recognizes that his tools are marital property under the Divorce Code, these tools will disappear before they can be inventoried and appraised. The estimated value of the tools is approximately $100,000.00. 3) On June 11, 2007, the Honorable Kevin A. Hess entered a Rule to Show Cause upon Respondent as to why the relief should not be granted. The Rule is returnable in fifteen (15) days from service. 4) However, pending the return of the Rule, the court did not sign the proposed order which I%b would have temporarily restricted the removal, dissipation, transfer or sale of the tools pending return of the Rule and further consideration and decision by the court of the Emergency Petition. 5) Petitioner is requesting that the Order for the Rule to Show Cause be amended prior to service on the Respondent to temporarily restrain his rights of removal, transfer, sale and or any other liquidation of the tool collection until the Rule is returnable and the petition is ruled on by the court. A proposed Order is attached hereto as Exhibit "A." 6) Petitioner does not seek to restrict Respondent's use of the tools. 7) Petitioner requests the Court's reconsideration of interim relief to Amend the Rule to preserve the tools pending the return of the Rule and decision. WHEREFORE, Petitioner requests that the court modify the Order of June 11, 2007 to prohibit Respondent's sale, transfer, removal, or other liquidation of the tools pending return of the Rule and decision by the court. y DATE: June 13, 2007 / If Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff 2 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMMY A. RAGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. RANDY E. RAGER, CIVIL ACTION - LAW Defendant IN DIVORCE AMENDED RULE AND NOW, this day of , 2007 in consideration of Petitioner's Petition For Further Relief, a RULE is issued on Respondent to show cause, if any, why the Court should not grant the relief requested. The Rule is returnable within fifteen (15) days from the date of service. Pending Respondent's response to the Rule and further order of Court, Respondent, and/or any person acting on Respondent's behalf, is restrained from removal, transfer, sale and/or liquidation of Respondent's tool collection. Specifically, this includes all tools situated at 405 North East Street, Carlisle, Pennsylvania and Farlling GA Garage, 654 Bloserville Road, Newville, PA 17241. BY THE COURT: Kevin A. Hess, Judge Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMMY A. RAGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RANDY E. RAGER, Defendant : NO. CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, Tammy A. Rager, hereby certify that the facts set forth in the foregoing Petition For Further Interim Relief are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: June L, 2007 TAMMY A. ?GER JUN 14 20070 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMMY A. RAGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ©? - '32 RANDY E. RAGER, CIVIL ACTION -LAW Defendant IN DIVORCE AMENDED RULE AND NOW, this ?day of Quµ- , 2007 in consideration of Petitioner's Petition For Further Relief, a RULE is issued on Respondent to show cause, if any, why the Court should not grant the relief requested. The Rule is returnable within fifteen (15) days from the date of service. Pending Respondent's response to the Rule and further order of Court, Respondent, and/or any person acting on Respondent's behalf, is restrained from removal, transfer, sale and/or liquidation of Respondent's tool collection. Specifically, this includes all tools situated at 405 North East Street, Carlisle, Pennsylvania and Farlling GA Garage, 654 Bloserville Road, Newville, PA 17241. BY THE COUR : -,/, Ke n A. Hess, Judge r ?r L Z fqj 5 I tl LM ?i?l0` 1.v. c^vNi J0 Kelly McNaney Dick, Esquire; ID No. 93167 Carrucoli and Associates, PC 875 Market Street, Suite 200 Lemoyne, PA 17043 (717) 761-1274 kellymd@camxcoliandassociates.com Attorneys for Defendant TAMMY A. RAGER, Plaintiff V. RANDY E. RAGER, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, :PENNSYLVANIA : NO. 07-3328 : CIVIL ACTION -LAW PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Carrucoli and Associates, PC, and Kelly M. Dick, Esquire, on behalf of the Defendant in the above-captioned matter. CARRUCOLI & ASSOCIATES, PC By: keL?,-A4Oljtk? Kelly M. Dic , Esquire 875 Market Street, Suite 200 Lemoyne, PA 17043 (717)-761-1274 Supreme Court ID# 93167 Attorneys for Defendant Date: July 2, 2007 CERTIFICATE OF SERVICE AND NOW on this 2nd day of July, 2007, I, Kelly M. Dick, Esquire, hereby certify that I served the within Praecipe to Enter Appearance this day by depositing the same in the United States mail, postage prepaid addressed to: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff CARRUCOLI & ASSOCIATES, PC By: k?b, 94 Kelly M. Di 875 Market Street, Suite 200 Lemoyne, PA 17043 717-761-1274 Supreme Court ID# 93167 Attorney for Defendant ?7 C- cn yr u N cn E ? z a a. E Z w C a J? ?=3 y 1 c ? N :? v m C3 O y- ? d L U N a i5 Z5 SS p Y c_ ao ? 2v O U U g CTJ N ? 0 O Nu' C O ? N r 46 0 7 c ? n r TAMMY A. RAGER, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3328 RANDY E. RAGER, CIVIL ACTION -LAW Defendant PETITION TO WITHDRAW APPEARANCE AND NOW, to wit, this 71' day of July 2008, comes Petitioners, CARRUCOLI & ASSOCIATES, PC, and KELLY M. DICK, Esquire, who files this Petition, and states the following: 1. Defendant, Randy E. Rager, and Petitioners entered into a written representation agreement on June 21, 2007. 2. Petitioners seek permission to withdraw as legal counsel for the above-named Defendant. 3. Petitioners have made at least five unsuccessful (5) attempts to reach the Defendant to discuss matters relating to the above-referenced case. 4. Petitioners have not spoken with the Defendant in over six (6) months. 5. By letter dated April 18, 2008, Petitioners informed Defendant that if Petitioners did not hear from him within ten (10) days from the date of the letter, Petitioners would petition the court for leave to withdraw from the matter. 6. Petitioners do hereby certify that withdrawal from this case is not intended to, nor will it, delay this proceeding to the best of their knowledge, information and belief. WHEREFORE, Petitioners prays your Honorable Court to grant its Petition and direct that Petitioners be permitted to withdraw their appearance. Respectfully submitted, C UCOLI & ASSOCIATES, PC 6 - /eA Kelly M. D, Esquire Supreme Court ID. No. 93167 875 Market Street, Suite 200 Lemoyne, PA 17043 (717) 761-1274 Attorneys for Defendant VERIFICATION I verify that the statements made in this Petition to Withdraw Appearance are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsifications to authorities. Date: July 7, 2008 Ac- k Kelly M. Dick, uire . . CERTIFICATE OF SERVICE AND NOW on this 7 h day of July, 2008, I, Kelly M. Dick, Esquire, hereby certify that I served the within Petition to Withdraw Appearance this day by depositing the same in the United States mail, postage prepaid, addressed to: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff By: i875 Market Street, Suite 200 Lemoyne, PA 17043 (717)-761-1274 Supreme Court ID# 93167 Attorneys for Defendant CA UCOLI & ASSOCIATES, PC elly M. Di ,Esquire r- CJ 1 ? r? f?1 TAMMY A. RAGER, Plaintiff V. RANDY E. RAGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3328 CIVIL ACTION -LAW AMENDED PETITION TO WITHDRAW APPEARANCE AND NOW, to wit, this 9t' day of July 2008, comes Petitioners, CARRUCOLI & ASSOCIATES, PC, and KELLY M. DICK, Esquire, who files this Amended Petition, and states the following: 1. Defendant, Randy E. Rager, and Petitioners entered into a written representation agreement on June 21, 2007. 2. Petitioners seek permission to withdraw as legal counsel for the above-named Defendant. 3. Petitioners have made at least five unsuccessful (5) attempts to reach the Defendant to discuss matters relating to the above-referenced case. 4. Petitioners have not spoken with the Defendant in over six (6) months. 5. By letter dated April 18, 2008, Petitioners informed Defendant that if Petitioners did not hear from him within ten (10) days from the date of the letter, Petitioners would petition the court for leave to withdraw from the matter. 6. Petitioners do hereby certify that withdrawal from this case is not intended to, nor will it, delay this proceeding to the best of their knowledge, information and belief. W 11 7. On June 5, 2007, Plaintiff filed an Ex-Parte Petition for Emergency Relief wherein Plaintiff was requesting an order requiring the Defendant not to dissipate, sell, move or transfer tools which were acquired during the marriage. 8. On June 15, 2007, the Honorable Kevin A. Hess signed an Amended Rule and entered a Rule to Show Cause upon Defendant as to why the relief should not be granted. The Rule was returnable within fifteen (15) days from the date of service. 9. On or about July 11, 2007, Plaintiff and Defendant entered into a Stipulation Agreement as to Plaintiff's Ex-Parte Petition for Special Relief. 10. Petitioner sought the concurrence of Plaintiff's counsel in this Petition, and Plaintiff's counsel is unopposed to Petitioner's request to withdraw as counsel for Defendant. WHEREFORE, Petitioners prays your Honorable Court to grant its Petition and direct that Petitioners be permitted to withdraw their appearance. Respectfully submitted, CARRUCOLI & ASSOCIATES, PC Kelly M. Hil6k, Esquire Supreme Court ID. No. 93167 875 Market Street, Suite 200 Lemoyne, PA 17043 (717) 761-1274 Attorneys for Defendant r VERIFICATION I verify that the statements made in this Amended Petition to Withdraw Appearance are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsifications to authorities. Date: July 9, 2008 l G Kelly . Dic squire CERTIFICATE OF SERVICE AND NOW on this `'1_ day of July, 2008, I, Kelly M. Dick, Esquire, hereby certify that I served the within Amended Petition to Withdraw Appearance this day by depositing the same in the United States mail, postage prepaid, addressed to: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff CARRUCOLI & ASSOCIATES, PC By: Kelly M. DA, Esquire 875 Market Street, Suite 200 Lemoyne, PA 17043 (717)-761-1274 Supreme Court IN 93167 Attorneys for Defendant ? -r: '? w ? t { ' 'f ` _ , i ...+ } ? p } r t ? ?..... ? ,..? ?„ ??'7 i't JUL 0 8 2008 Kelly M. Dick, Esquire Carrucoli and Associates, PC 875 Market Street, Suite 200 Lemoyne, PA 17043 (717) 761-1274 TAMMY A. RAGER, Plaintiff V. RANDY E. RAGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3328 CIVIL ACTION -LAW RULE AND NOW, this IP day of 2008, upon consideration of the foregoing Petition to Withdraw Appearance, a RULE is issued upon Respondent to show cause, if any, why the Court should not grant the relief requested. The Rule is returnable within Zo days from the date of service. RV THE, COURT: cCqrjrcs -31 'INVnRASINI 3d u.Nnc)rit, ;..al wno ? 1 :9 WV 91 IN Booz AdVi OriiUdd 3HI d0 3' C-Tld TAMMY A. RAGER : IN THE COURT OF COMMON PLEAS Plaintiff. OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-3328 RANDY E. RAGER, : CIVIL ACTION-LAW Defendant. IN DIVORCE CERTIFICATE OF SERVICE AND NOW on this 28 h day of July, 2008, I, Kelly M. Dick, Esquire, hereby certify that I served the within Rule to Show Cause and Amended Petition to Withdraw Appearance this day by depositing the same in the United States mail, postage prepaid addressed to: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff Randy E. Rager 779 Erford Road Camp Hill, PA 17011 MCNANEY LAW OFFICES B y• Ke y Supreme Court ID# 93167 204 N. George Street, Ste. 200 York, PA 17401 (717) 848-5522 A co TAMMY A. RAGER, Plaintiff V. RANDY E. RAGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3328 CIVIL ACTION -LAW MOTION FOR RULE ABSOLUTE AND NOW, to wit, this 21" day of August, 2008, comes Petitioner, Kelly M. Dick, Esquire, and files this Motion, of which the following is her statement: 1. Defendant, Randy E. Rager, and Petitioners entered into a written representation agreement on June 21, 2007. 2. Petitioners seek permission to withdraw as legal counsel for the above-named Defendant. 3. Petitioners have made at least five unsuccessful (5) attempts to reach the Defendant to discuss matters relating to the above-referenced case. 4. Petitioners have not spoken with the Defendant in over six (6) months. 5. By letter dated April 18, 2008, Petitioners informed Defendant that if Petitioners did not hear from him within ten (10) days from the date of the letter, Petitioners would petition the court for leave to withdraw from the matter. 6. Petitioners filed a Petition to Withdraw Appearance on July 8, 2008. 7. Petitioners filed an Amended Petition to Withdraw Appearance on July 10, 2008. 8. On July 15, 2008, The Honorable Judge Hess issued a Rule to Show Cause why Petitioners' relief should not be granted. The rule was returnable within twenty (20) days from the date of service. 9. On July 28, 2008, Petitioners served the Rule to Show Cause on Respondent at his last known address and on opposing counsel. 10. More than twenty (20) days have elapsed since the parties were served the Rule to Show Cause, and there has been no response by either party. 11. Petitioner Kelly M. Dick, Esquire, left the law firm of Carrucoli and Associates, PC, effective July 21, 2008, and files this Motion to Make Rule Absolute as a solo practitioner. WHEREFORE, Petitioners pray your Honorable Court to grant its Motion for Rule Absolute and grant the relief requested by the Petitioners in the Amended Petition to Withdraw Appearance. Respec lly submitted, , Kelly M y Dick, Esquire Supreme Court ID. No. 93167 204 North George St., Suite 200 York, PA 17401 (717) 848-5522 VERIFICATION I verify that the statements made in this Motion to Make Rule Absolute are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsifications to authorities. Date: August 21, 2008 Kelly M. Dic uire CERTIFICATE OF SERVICE AND NOW on this 21St day of August, 2008, I, Kelly M. Dick, Esquire, hereby certify that I served the within Motion to Make Rule Absolute this day by depositing the same in the United States mail, postage prepaid, addressed to: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff Randy Rager 779 Erford Road Camp Hill, PA 17011 Resp,ectfylly submitted, Kelly ey Dick, Esquire Supreme Court ID. No. 93167 204 North George St., Suite 200 York, PA 17401 (717) 848-5522 r?? w ? °i7 7 ° ? --.y-{ L 7 ? rv ?? r ? ` m? { _ ..,? . i r ?. C?1 t_t't 'F? ??, ? 7 .?.. -°C AUG 1 Zuuo TAMMY A. RAGER, Plaintiff V. RANDY E. RAGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3328 CIVIL ACTION -LAW ORDER AND NOW, TO WIT, this "- day of 2008, upon consideration of the foregoing Petition to Withdraw Appearance, it is ORDERED and DIRECTED that: I. The Petitioners are permitted to withdraw their appearance as attorneys for the above-named Defendant. BY THE COURT, c ?o? mss'{{ co =?. cl- N is wit C- ?? N TAMMY A. RAGER :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION-LAW :IN DIVORCE RANDY E. RAGER NO. 07-3328 Defendant PETITION FOR EMERGENCY RELIEF: DEFENDANT'S PETITION FOR ACCESS TO MARITAL HOME FOR PURPOSES OF INVENTORY AND ArMSAL AND TO PREVENT DISSIPATION 1. Defendant is Randy E. Rager, an adult individual, residing at 29 E. Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent is Tammy A. Rager, an adult individual, residing at 195 Beagle Club Road Carlisle, Cumberland County, Pennsylvania 17013. Respondent resides with her paramour. 3. The parties were married on August 18, 1993 and separated on January 31, 2007. 4. The Respondent filed a complaint in divorce on fault grounds and has claimed to be seeking equitable distribution of marital property but no such notice has been served on the Defendant. 5. Defendant will be seeking to file for equitable distribution in the near future. 6. Respondent has worked at Subway Corp. for 10 years and has a significant 401 K Pension plan which can easily be cashed in. 7. Respondent and Defendant have acquired a significant amount of vehicles and household furnishing during their marriage, which a majority have been replaced by insurance claims after a devastating fire destroyed most of the home and resulted in the death of two of the parties' minor children in July 2006 The Defendant has not had the opportunity to value the items which have been replaced since Respondent would not allow Defendant in the marital home once the home was completed and ready for the parties' to move back into, but instead moved her paramour into the parties's marital home. 8. Respondent has in the past estimated that the martial homes were worth in excess of Two Hundred Ninety Thousand Dollars ($290,000.00) and the vehicles to be estimated in excess of Forty Five Thousand Dollars ($45,000.00). 9. Respondent has refused to sign off on the title of the Chevy Caviler which was a martial asset, which the Defendant held until the vehicle was totaled in an accident on June 20, 2008 and which was covered by an insurance policy that was paid solely by the Defendant, which has basically left the Defendant without a vehicle or a way to replace it and no way to insure that he can keep his job. 10. Defendant's tool collection has been repossessed on or about April 2008. 11. Defendant holds no marital assets at this time. 12. It was recently told to the Petitioner by the Respondent that she would be dropping the divorce proceedings against him, it is believed this was told to him in effort to confused the Petitioner and allow the Respondent time to sale or secretly dissipate or otherwise liquidate marital assets that are in her possession. 13. Respondent is trying to sell the Ford F250 which is a vehicle that was obtained during the parties' marriage and is subject to the equitable distribution Code. The Petitioner could use this vehicle to get back and forth to work since it is a marital asset and the Respondent refuses to sign off on the title of the Chevy Caviler that the Petitioner held but was totaled in an accident in June of 2008, leaving the Petitioner no reasonable means to get back and forth to work. The Respondent is in possession of several vehicles that were obtained during the parties marriage and are marital assets but uses only one of the vehicles on a regular basis. 14. Defendant is fearful that Respondent will remove, transfer, secretly dissipate or otherwise liquidate the household items and vehicles before they can be inventoried and valued. 15. Such action by the respondent will prevent Petitioner from obtaining a full and complete inventory and appraisal of Respondent's martial holdings and defeat the equitable distribution process. 16. Petitioner requests that an Order be entered enjoining the Respondent from transferring, removing, hiding and/or selling any vehicles, homes or household items pending valuation and appraisal for this litigation process. IT The parties' also have a lawsuit that was filed on their behalf against the maker of the dryer that was believe to be the cause of the fire that destroyed the parties' marital home and caused the death of the parties' two minor children. Petitioner will be seeking his share of the settlement. 18. Petitioner files this Petition in accordance with 23 Pa. C.S.A. 3323 (f), which provides: Equity power and jurisdiction of the court- In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of his part and may grant such other relief of remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause. 19. Previously, Respondent has filed for Emergency Relief against the Plaintiff involving his tool collection, which has since been repossessed. The judge previously assigned to that matter was the Honorable Judge Kevin A. Hess. WHEREFORE, Petitioner requests that this Honorable Court enter an Order restraining Respondent from removal transfer and/or liquidation of the marital vehicles, the martial homes and the martial household contents until the parties reach an agreement or the Court enters and Order regarding equitable distribution. Respec ly submitted, DATE: September 5, 2008 dy RaggV 29 East Locust Street Mechanicsburg, PA 17055 717-635-0509 TAMMY R. RAGER JN HE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOCKET NO. 07-3328 RANDY E. RAGER :CIVIL ACTION-LAW Defendant JN DIVORCE CATION I, Randy E. Rager, hereby certify that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa C.S.A. Section 4909 relating to unsworn falsification to authorities. Date: September T, 2008 .. TAMMY A. RAGER Plaintiff V. RANDY E. RAGER Defendant JN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :DOCKET NO. 07-3328 :CIVIL ACTION-LAW JN DIVORCE CERTIFICATE OF SERVICE I, Randy E. Rager do hereby certify that on this date, I served the Emergency Relief Petition in the above captioned matter upon the following individuals by first class mail, postage prepaid, addressed as follows: Tammy Rager AND Barbara Sumple-Sullivan 195 Beagle Club Rd. 549 Bridge Street Carlisle, PA 17013 New Cumberland, PA 17070 Date: September ,200$ Randy " ' (' 29 East ust Street Mechanicsburg, PA 17055 Q ? ?? ` ? ? ?;? r ^v r ? _ ?' '.." c : ? - ?; , . v ?? ? ? ?rn r ? ? ".? .S TAMMY A. RAGER Plaintiff V. RANDY E. RAGER Defendant RULE JN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :DOCKET NO. 07-3328 :CIVIL ACTION-LAW JN DIVORCE AND NOW, this /tf day of ,2008 in consideration of Petitioner's 11 Petition for Emergency Relief, a RULE is issued on Respondent to show cause, if any, why the Court should not grant the relief requested. The Rule is returnable within 30 • days from the date of service. ov Tim /' e%11FT frn_ Y"NVA I;,SN 3d 0 0 :11 WV 91 d3S 6001 IkI: ViU i,; 'O'a'd N.I. ?O 9 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMMY A. RAGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.07-3328 RANDY E. RAGER, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO PLEAD To: Mr. Randy E. Rager 29 E. Locust Street Mechanicsburg, PA 17055 You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Dated: October 16, 2008 Bq'? A' lE-Sullivan, Esquire Attorney for Respondent 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 ., Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMMY A. RAGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. RANDY E. RAGER, Defendant : NO.07-3328 CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S ANSWER AND NEW MATTER TO PETITION FOR EMERGENCY RELIEF: DEFENDANT'S PETITION FOR ACCESS TO MARITAL HOME FOR PURPOSES OF INVENTORY AND APPRAISAL AND TO PREVENT DISSIPATION 1. Denied. Respondent is without knowledge sufficient to form a belief as to the truth of the averment. The other occupant in said address is Ellen Coleman, has denied under oath that Respondent resides at that address. 2. Admitted in part. Denied in part. It is admitted that Respondent is Tammy A. Rager, an adult individual residing at 195 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania 17013. It is denied that Respondent lives with her paramour. It is further averred that Petitioner is referring to Mr. Scott M. Coleman as Respondent's paramour; however, Respondent and Mr. Coleman are not presently and have never been involved in a romantic relationship. Mr. Coleman went to live in Respondent's home after the affair between Petitioner and Mr. Coleman's wife, Ellen Coleman, was discovered. Respondent also resides with the parties' daughter, Kailyn Rager, born May 9, 2005. 1 3. Admitted. Paragraph 3 is admitted with the further clarification that the parties physically separated on January 31, 2007, at the direction of Children and Youth Services due to an episode of gun violence between Petitioner and his son. Petitioner and Respondent continued contact until March 4, 2007, when Respondent became aware of the adulterous affair between Petitioner and Ellen Coleman. 4. Admitted in part. Denied in part. It is admitted that Respondent filed a complaint in divorce on fault grounds and has raised a claim for equitable distribution of marital property. It is denied that Petitioner has not been served with notice of same. Petitioner was served with the divorce complaint by Certified Mail, Restricted Delivery on June 7, 2007. An Affidavit of Service is of record and filed by Respondent on June 11, 2007. 5. Denied. Respondent is without knowledge sufficient to form a belief as to the truth of the averment and same is denied. 6. Admitted in part. Denied in part. It is denied that Respondent works for Subway Corp. Respondent has worked for the Central PA Subway Development Corp. for 10 years and Respondent has a 401(k). It is denied that Respondent's 401(k) is significant or that it can be easily cashed in. It is 2 averred that Petitioner's 401(k) had a value of approximately $4,500.00 at the time of separation. 7. Admitted in part. Denied in part. It is denied that Petitioner and Respondent had acquired vehicles and household furnishings during their marriage. It is denied that same is significant. By way of further answer, Respondent had inherited or was gifted approximately 95% of the household furnishings from her mother and uncle. Respondent inherited a 2004 Chevy Suburban and 1996 Ford F-250 from her uncle in 2004. Respondent also inherited a 1993 Mercury Grand Marquis from her mother in 2003. None of the property or vehicles have increased in value. The only marital vehicle is a jointly titled Chevy Cavalier which is in Petitioner's possession. It is admitted that a majority of the destroyed personal property that was in the home has been replaced by insurance claims after the devastating fire destroyed most of the home and resulted in the death of two of the parties' minor children in July, 2006. It is denied that Petitioner has not had the opportunity to value the marital items which have been replaced since Respondent would not allow Petitioner in the marital home once the home was completed and ready for the parties' to move back into. It is averred that Petitioner was specifically excluded from the home in January, 2007 until May, 2007, by Children and Youth Services. Petitioner has threatened to enter the home after May, 2007, however, he has not returned. It is denied that Respondent instead moved her paramour into the parties' marital residence. Respondent's Answer to Paragraph 2 is incorporated herein by reference. 8. Denied. It is denied that Respondent has in the past estimated that the marital homes were worth in excess of Two Hundred Ninety Thousand Dollars ($290,000.00) and the vehicles to be estimated in excess of Forty Five Thousand Dollars ($45,000.00). It is further averred that the parties have not begun to address the equitable distribution claim of the divorce or identified what real estate properties constitute marital property. 9. Denied. It is denied that Respondent has refused to sign off on the title of the Chevy Caviler (sic) Cavalier which was a martial (sic) marital asset, which Petitioner held until the vehicle was totaled in an accident on June 20, 2008 and which was covered by an insurance policy that was paid solely by Petitioner which has basically left the Defendant without a vehicle or a way to replace it and no way to insure that he can keep his job. It is averred that Respondent agreed to provide Petitioner with the title to the marital vehicle, however, Petitioner failed to show up to retrieve same. Also, Respondent had been paying Petitioner's car insurance and his health insurance since separation. It is further averred that Respondent could not afford to continue to be responsible for Petitioner's car insurance and only recently in May, 2008, required that Petitioner transfer the car into his name alone and secure his own coverage. 4 10. Denied. Respondent is without knowledge sufficient to form a belief as to the truth of the averment. If this has occurred, Petitioner is responsible for dissipation of one of the largest assets in the parties' marital estate. 11. Denied. Respondent is without knowledge sufficient to form a belief as to the truth of the averment. 12. Denied. It is denied that it was recently told to the Petitioner by Respondent that she would be dropping the divorce proceedings against him. Respondent is without knowledge sufficient to form a belief as to the truth of the remainder of this paragraph, therefore, it is denied. 13. Admitted in part. Denied in part. It is admitted that Respondent was trying to sell the Ford F250 which is a vehicle that was obtained during the parties' marriage. It is denied that the Ford F250 is subject to the equitable distribution Code. The 1996 Ford F250 was received by Respondent from her uncle as inheritance in 2004 and has not increased in value. Respondent has since sold the Ford F250 as she could not afford to pay the car insurance. Prior to sale of same, Respondent asked Petitioner if he wanted to retain this vehicle. No response was received from Petitioner. It is denied that Respondent refuses to sign off on the title of the Chevy Caviler (sic) Cavalier, leaving the Petitioner s no reasonable means to get back and forth to work. Respondent does not have the title. Petitioner had represented to Respondent that he had the title in a text message. It is admitted that the vehicle was totaled in an accident in June of 2008. It is denied that Respondent is in possession of several vehicles that were obtained during the parties' marriage and are marital assets but uses only one of the vehicles on a regular basis. By further response, Respondent's answer to Paragraph 7 is incorporated herein. 14. Denied. Respondent is without knowledge sufficient to form a belief as to the truth of the averment. Respondent has taken no adverse action against any marital property. 15. Denied. Respondent is without knowledge sufficient to form a belief as to the truth of the averment. Respondent has taken no adverse action against any marital property. 16. Denied. Paragraph 16 is denied as a conclusion of law to which no response is due. There is not a single basis for the court to grant any extraordinary relief to Petitioner 17. Admitted in part. Denied in part. It is admitted that a lawsuit was filed against the maker of the dryer that was believed to be the cause of the fire that 6 destroyed the parties' marital home and caused the death of the parties' two minor children. Respondent is without knowledge sufficient as to the truth of the averment that Petitioner will be seeking his share of the settlement, therefore, it is denied. This is not a marital issue. 18. Denied. Paragraph 18 is denied as a conclusion of law to which no responsive pleading is due. 19. Admitted in part. Denied in part. It is admitted that previously, Respondent had filed for Emergency Relief against the Petitioner involving his tool collection. Respondent is without knowledge sufficient as to the truth of the averment that Petitioner's tools have been repossessed, therefore, it is denied. It is admitted that the judge previously assigned to that matter was the Honorable Judge Kevin A. Hess. NEW MATTER 20. Paragraphs 1 through 19 of Plaintiff's Answer and New Matter are incorporated herein by reference. 21. The parties are the natural parents of one minor child, Kailyn Rager, born May 9, 2005. 22. In January, 2007, Children and Youth Services had excluded Petitioner from the marital residence shared by Petitioner, the parties' daughter, Kailyn, and Petitioner's son from a previous relationship, Josh Taormina. 23. Children and Youth Services excluded Petitioner due to the fact that Petitioner had pulled a gun on and had been physically abusive toward his son, Josh. 24. Children and Youth Services also required Petitioner to complete a safety plan which included he could not see his daughter and he was required to attend counseling. 25. Petitioner refused to attend counseling although it was covered by Respondent's insurance. 26. In or around May, 2007, the Children and Youth Services determined that the safety plan was no longer necessary and all other issues were to be decided through the divorce proceedings. 27. Although the safety plan is no longer in effect, Respondent remains fearful to allow Respondent back into the residence at this time, due to his actions and his previous threats to enter the marital home and take custody of the parties' 8 daughter. 28. There is no need for Petitioner to enter the marital home for inventorying and appraisal of the personal property at this time. 29. A majority of the personal property in the marital home was not marital property as it was given to or received by Respondent through inheritance. 30. The personal property in the home (marital and non-marital) was destroyed during the fire in July, 2006. 31. All information related to insurance proceeds for replacing the personal property can be obtained through the insurance company. 32. The only personal property items of significant value are the tools of Petitioner. 33. Respondent is in the process of itemizing these tools though subpoenaing and deposing certain vendors. 34. Petitioner has no need to enter the marital home at this time to inventory and 9 appraise the personal property. WHEREFORE, Respondent requests this Honorable Court deny Petitioner's Petition for Emergency Relief Defendant's Petition for Access to Marital Home for Purposes of Inventory and Appraisal and to Prevent Dissipation. Dated: October P 2008 Respectfully submitted, ?- Barbara Sumple-Sullivan, Esquire Attorney for Respondent 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 10 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMMY A. RAGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RANDY E. RAGER, Defendant NO.07-3328 CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, Tammy A. Rager, hereby certify that the facts set forth in the foregoing Pleading are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated:_1 k r TAMM . RAGER Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMMY A. RAGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-3328 RANDY E. RAGER, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Pleading, in the above-captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: Mr. Randy E. Rager 29 E. Locust Street Mechanicsburg, PA 1 DATE: OctobC4, 2008 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Resondent r.,, :} r? ? •? s_ ca .. ?. -Y r°? ? <^ 'Y i x? ?? ??: .:? f „:? -n ; - ?.? Barbara Sumple-Sullivan, Esquire Supreme Court 432317 { . ,} 5,49 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMMY A. RAGER, 19 F COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RANDY E. RAGER, Defendant : NO. 07-3328 CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 05, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from 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 verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. ?r DATE: /U / _/ Iq 04?- a-, R ?T:? TAMMY A. t#irER k ti"lam JC y ?a.` {jt`tEp 34? a ,? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 t:lJ 11 Or T 3 I 11 549 Bridge Street .. New Cumberland, PA 17070 '11K CSE RLf,N1D C0Ud-l it (717) 774-1445 PENINSYLV, NIA TAMMY A. RAGER, IN THE COURT OF COMMON PLEAS Plaintiff V. RANDY E. RAGER, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-3328 : CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 0301(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 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 statement herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. DATE: .U-?.Z / Q . TAMMY A. GER pt, Barbara Sumple-Sullivan, Esquire Supreme Court #32317 LtaND it1 j ;` 549 Bridge Street ,r- I ?, ?, New Cumberland, PA 17070 (717) 774-1445 TAMMY A. RAGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RANDY E. RAGER, Defendant : NO. 07-3328 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code ryas filed on June 05, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. DATE: 10 Ot Cn !?Xd_ ?. RANDY E. IJ(AGER COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND } Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared RANDY E. RAGER, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing AFFIDAVIT OF CONSENT are true and correct to the best of his knowledge, information and belief Affirmed and subscribed to before me this ? day of _ O l L NOTARY PUBLIC My commission expires.,Ae No-rAFRAL SEAL (SEAL) CAROL L. KENLEY, Notary Public gunaTwp•, QaupFin County MY Commission Expires November 19, 2012 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 ?: UiM E R L A N D COUP I 'C 549 Bridge Street FE N N S Y LVA 111 A New Cumberland, PA 17070 (717) 774-1445 TAMMY A. RAGER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RANDY E. RAGER, Defendant : NO. 07-3328 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER -43301(c) OF THE DIVORCE CODE 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. 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 arc true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. DATE:?_ RANDY E. E COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared RANDY E. RACER, who being duly affn-med according to law, deposes and says that the facts and matter set forth in the within and foregoing WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREES UNDER §3301(0) OF THE DIVORCE CODE are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this day oodww , 2011. NOTARY PUBLIC s??,?Qj?olo`Z My commission expire 7:? HAL SE aAL y Public (SEAL) Cw QauPhin County My Cires member 19, 2012 MARITAL SETTLEMENT AGREEME( 1,''r I 4 r i.:.'+ a COBT`? THIS AGREEMENT, made this day of bli&LJ , 2011, by and between TAMMY A. RAGER, hereinafter referred to as "WIFE", and RANDY E. RAGER, hereinafter referred to as "HUSBAND". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on August 18, 1993, in Johnstown, Pennsylvania; WHEREAS, three (3) children were born of this marriage with two (2) children Camren M. Rager (DOB: 01/14/00); and Damen A. Rager (DOB: 09/6/03) being presently decease. The parties' surviving child is Kailyn R. Rager (DOB: 05/09/05); WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND had previously been represented in this matter by Kelly M. Dick, Esquire, who withdrew by Order dated August 28, 2008. However, HUSBAND has now chosen to negotiate directly with counsel and/or with his WIFE. HUSBAND is cognizant of his right to seek counsel, but has chosen not to retain an attorney notwithstanding the fact that attorney for WIFE has told him that he has an absolute right to be represented by an attorney. HUSBAND hereby acknowledges that he has done so willingly and that he fully understands the facts and has been fully informed and understands that, had a Court decided this matter, he may have received more or less than is provided for in this Agreement. HUSBAND knowingly waives his rights, if any, to utilize the lack of his legal representation as a basis to attack the validity of this Agreement. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each party 2 -7x- - W declares that they have received knowledge and disclosure of his or her financial rights and obligations. Each of the parties acknowledge and agree that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, 3 liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed simultaneously with the execution of this Agreement. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the Court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of 4 Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement shall be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have 5 LL any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. It is further affirmed that if either party has designated or chooses to designate the other as Power of Attorney, this Agreement shall not be deemed to waive or otherwise terminate said designation. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be 6 invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. 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 reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party found to be responsible for the mistake or failure to report income or having taking an inappropriate deduction or exemption. The party responsible for the mistake or failure shall suffer the consequences solely and hold the opposite party harmless. However, if the liability is the result of a computation error, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND agrees that all assets in the present possession of WIFE shall be the sole and separate property of WIFE and, WIFE agrees that all assets in the present possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. The parties specifically acknowledge that a significant value of this marital estate are HUSBAND'S tools. WIFE specifically quit-claims any and all rights, title and interest in said tools and tool box to HUSBAND. HUSBAND agrees to indemnify and hold WIFE harmless from any bills, debts or loans which might be presently outstanding related to the tools. This document shall constitute a bill of sale for each party's sole property. B. REAL ESTATE The parties jointly owned real property at 195 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania 17013. Said house is not encumbered by any mortgage. The house was 9 t acquired with the separate property of WIFE, being an inheritance from her uncle. WIFE desires to maintain said home and reside therein. HUSBAND agrees to release, quit-claim and transfer all his interest in the real estate to WIFE. Simultaneously with the execution of this Agreement, HUSBAND shall sign a Deed transferring all his right, title and interest to WIFE and counsel for WIFE shall record said Deed. WIFE agrees to indemnify and hold HUSBAND harmless for any past debt related to the property including but not limited to taxes and insurance. A second property was owned by the parties at 1623 Paxton Street, Harrisburg, Dauphin County, Pennsylvania 17104. This property was originally acquired thorough the inheritance of WIFE, was jointly titled with HUSBAND, and HUSBAND occupied same at the time of separation. This property was forfeited by the parties during the marriage due to non-payment of the real estate related expenses. While it is believed that the parties will incur no future claims or liabilities for this real estate, it is agreed that if a future claim shall arise from any third party entity, the parties shall equally share any such liability and will indemnify and hold the other party harmless for his or her one-half share of said liability. C. MOTOR VEHICLES At separation WIFE owned a 2004 Chevrolet Suburban, a 1996 Ford F250, and a 1993 Mercury Grand Marquis. These vehicles were inherited from WIFE's uncle and mother and are not marital. WIFE shall maintain ownership of these vehicles. At separation HUSBAND was driving a 1997 Chevrolet Cavalier which was involved in 10 a car accident. HUSBAND received $3,265.38 in payment from State Farm Insurance. WIFE waives any claim to said proceeds and said proceeds shall be the sole and separate property of HUSBAND. D. FINANCIAL ASSETS: The parties acknowledge that the marital financial accounts which existed during the marriage have been divided to the satisfaction of the parties. All jointly titled accounts have been closed. Each party hereby waives, relinquishes and releases any claims to the financial accounts in the possession of the other. E. PENSION AND RETIREMENT ACCOUNTS: During the marriage, WIFE accumulated certain retirement benefits through her employment at Central PA Subway Develop Corp. HUSBAND waives any claims to WIFE's pension. HUSBAND warrants that he has earned no retirement or other deferred employment benefits during the marriage. F. INSURANCE Ea nershin of any life insurance policy in his --name. --minimum benefit yat??^^, • --*??n?,:,`??enty fist (?,.L` 11 the ehil - ne (2 1) years, a whic-fiTi-m-e-MlrotttgMtonlm-ftmtzhtl4- shall . fa e 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. SECTION III 1. ALIMONY. ALIMONY PENDENTE LITE. SUPPORT. MAINTENANCE AND COUNSEL FEES Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony, alimony pendente lite or counsel fees. HUSBAND and WIFE further, voluntarily and intelligently, waive 12 and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite, maintenance or counsel fees. SECTION V 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. P THE m a- b' l '*A)v r 4.. NESS l f Sf ?c' F} f?l? ?( TAMMY A. RAG i C-4 --Z/;-" RANDY .RAGER 13 L COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared TAMMY A. RAGER, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. Affirmed and subscribed to before me this day of 2011. NOTARY PUBLIC WTARIAL EAL CAROL L. KENLEY, Notary Public My commission expires `?I a 0 adz- (SE S"°4° WM EX0 pauphin county ?y Commissions Expires November 19, 2012 COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared RANDY E. RAGER, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this day of 2011. NOTARY PUBLIC My commission expire''sadw ' 14 (SEAL) 5usclu Twp., Dauphin County Co Of MMLVM M EA " NarARtnLSEAL CAROL L. KENLEY, Notary Public MY Commission Expires November 19.2012 2" Barbara Sumple-Sullivan, Esquipf- P ! 0' T 3 1 Pit 1 : Supreme Court #32317 13 549 Bridge Street "','B r'LArND COUi1T ., New Cumberland, PA 17070rw1?,YL ??Iti 1;717) 774-1445 TAMMY A. RAGER, Plaintiff V. RANDY E. RAGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-3328 : CIVIL ACTION -LAW 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 §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified Mail - Restricted Delivery on June 7, 2007. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: October 27, 2011; by Defendant: October 26, 2011. 4. Related claims pending: None. All matters have been resolved pursuant to the parties' Marital Settlement Agreement dated October 26, 2011. Said Agreement shall be incorporated, but not merged, into the Divorce Decree. 5. Date Plaintiffs Waiver of Notice in §3301(c) ivo e was filed with Prothonotary: October 31, 2011. Date Defendant's Waiver of Noti in 30 c) Divorce was filed with Prothonotary: October 31, 2011. /F91' 11 Dated: October 28, 2011 Barbara S umple- Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 TAMMY A. RAGER, Plaintiff V. RANDY E. RAGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3328 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Mr. Randy E. Rager 285 Joya Circle Harrisburg, PA 17112 DATED: October 28, 2011 ?arbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMY A. RAGER V. RANDY E. RAGER : NO. 07-3328 DIVORCE DECREE AND NOW, X1#V"6cr / , Lo 11 , it is ordered and decreed that TAMMY A. RAGER plaintiff, and RANDY E. RAGER bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. All matters have been resolved pursuant to the parties' Marital Settlement Agreement dated October 26, 2011. Said Agreement shall be incorporated, but not merged, into the Divorce Decree. By the Court, vleal .1 teed f6