HomeMy WebLinkAbout07-341246
WILLIAM T. RATHBUN, * IN THE COURT OF COMMON PLEAS
Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA
*
VS. r
* NO. 01- 31VIA--
CHRISTINE RATHBUN, * CIVIL ACTION - LAW
Defendant * IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN
THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO
DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE
ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY
OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR
PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR
CHILDREN.
WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE
MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS
AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, 1
COURTHOUSE SQUARE, CARLISLE, PA 17013.
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 LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
! `
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. (37 - .3y1 ?-
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT
COUNT I - DIVORCE UNDER §3301(cc) or §3301(d) OF THE DIVORCE CODE
1. Plaintiff is William T. Rathbun, who currently resides at 1910 Dartmouth Street, Camp Hill,
WILLIAM T. RATHBUN,
Plaintiff
*
VS.
*
*
CHRISTINE RATHBUN,
Defendant
Cumberland County, Pennsylvania, 17011.
2. Defendant is Christine Rathbun, who currently resides at 32 N. 17`h Street, Camp Hill,
Cumberland County, Pennsylvania 17011.
3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six
months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on March 23, 1991 in Cumberland County,
Pennsylvania.
5. The parties are the parents of one (1) minor child: Sarah Rathbun, born September 25,
6. There have been no prior actions of divorce or for annulment between the parties.
7. Neither party is presently a member of the Armed Forces on active duty.
8. Plaintiff has been advised that counseling is available and that he may have the right to
request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not
request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued.
•
9. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are:
(a) §3301(c). The marriage of the parties is irretrievably broken; and
(b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time,
Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of
at least two (2) years.
10. Plaintiff requests This Honorable Court enter a Decree of Divorce.
WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the
marriage between Plaintiff and Defendant.
Dated: b-6-01-7
Respectfully submitted,
WILEY, LENOX, COLGAN & MARZZACCO, P.C.
Timothy J. Cdfgau YSquW
130 West Church Street
Dillsburg, PA 17019
(717) 432-9666
I.D. # 77944
4
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Defendant IN DINORCE
VERIFICATION
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WILLIAM T. RATHBUN, * IN THE COURT OF COMMON PLEAS
Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA
*
VS.
* NO. 07-3412
*
CHRISTINE RATHBUN, * CIVIL ACTION - LAW
Defendant * IN DIVORCE
AFFIDAVIT OF SERVICE
I, Angel Revelant, being duly sworn, deposes and says that she is an adult and that she
served the within Divorce Complaint on the Defendant, Christine Rathbun, at the Defendant's
present address as follows: 32 North 17th Street, Camp Hill, PA 17011, by certified mail, restricted
delivery, return receipt requested on the 15th day of June, 2007. The Certified Mail Receipt and PS
Form 3811 is attached hereto, marked Exhibit "A" and made a part hereof by reference thereto.
Date: June 19, 2007
WILEY, LENOX, COLGAN
& MARZZACCO, P.C.
By:
Qood-&dt,?
Angel v ant, Esquire
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
SS
On this, the 19th day of June, 2007, before me, a notary public, personally appeared Angel
Revelant known to me or satisfactorily proven to be the whose name is subscribed to the within
Affidavit and acknowledged that she executed the same for the purposes therein contained.
WITNESS, my hand and notarial seal the day and year aforesaid.
LA A -11 li7V,
N VAI PUBLIC
y Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jeanette L. Roberts, Notary Public
Dillsburg Born, York County
My C=rnission Expires Aug. 22, 2010
Member, Pennsylvania Association of Notaries
T
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the cans to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
A.
0 Agent
14
?? Addressee
>y (Printed Name) , C, Date otpeliverX
D. Is delivery address different from Item i? U Yes
If YES, enter delivery address below: 0 No
<.t P-a+?Awr) [I -
3. Service Type
-JillZertlilled Mail 0 Express Mall
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Registered Wetum Receipt for Merchandise
0 Insured Mail 13 C.O.D. _
4. Restricted Delivery? (Extra Fee) Yes
2. Article Number 7007 0220 0003 3289 1134
(Transfer from service laben
PS Form 3811, February 2004 Dornestic Return Recslpt 102595024A-1540
EXHIBIT "A"
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WILLIAM T. RATHBUN,
Platnti f
*
VS.
*
*
CHRISTINE RATHBUN,
Defeat
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07.3412
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under § 3301(c) of the Divorce Code was filed on June 8,
2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of 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 made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn
falsification to authorities.
9LI q,1D _
Date William T. Rathbun
Plaintiff
r ti.; C3
WILLIAM T. RATHBUN,
Phdntiif
vs.
CHR1STIM RATHBUN,
Defendant
* IN THE COURT OF COMMON. PLEAS
* CUMBERLAND COUNTY, PENNSYLVANIA
*
*
* NO ®7-3412
*
* CIVIL ACTION - LAW
* IN DIVORCE
1. 1 consent to the entry of a final decree of divorce without notice.
2. 1 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 1 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.
1 verify that the statements made in this affidavit are true and correct. I understand that false
statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn
falsification to authorities.
Date Wiltiam T. Rathbun
plaintiff
C7 C'
Po
NO
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• .
WILLIAM T. RATHBUN, * IN THE COURT OF COMMON PLEAS
Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA
*
VS.
* NO. 07-3412
*
CHRISTINE RATHBUN, * CIVIL ACTION - LAW
Defendant * IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under § 3301(c) of the Divorce Code was filed on June 8,
2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of 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 made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn
falsification to authorities.
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Daie /Christine Rathbun
Defendant
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WILLIAM T. RATHBUN,
Plaintiff
VS.
CHRISTINE RATHBUN,
Defendant
* IN THE COURT OF COMMON PLEAS
* CUMBERLAND COUNTY, PENNSYLVANIA
* NO. 07-3412
* CIVIL ACTION - LAW
* IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(cj 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
statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities.
q oLA
Date Christine Rathbun
Defendant
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THIS AGREEMENT. made this - r day of
PO
. 2006. by and between
WILLIAM T. RATHBUN, of 24 North 20th Street, Camp Hill. Cumberland County, Pennsyl-
vania 17011 ("Husband") and CHRISTINE RATHBUN,, of 24 North 20th Street. Camp Hill,
Cumberland County, Pennsylvania 17011 ("Wife")
WITNESSETH
WHEREAS, the parties hereto are husband and wife, having been married on March 23,
1991 in Cumberland County, Pennsylvania.;
WHEREAS, Husband and Wife are the parents of Sarah born on September 25, 1991 (the
"Child");
WHEREAS, certain unhappy differences, disputes, misunderstandings and difficulties have
arisen between the parties and the parties have decided that their marriage is irretrievably broken,
that it is their intention to live separate and apart for the rest of their natural lives, that they are
desirous of settling fully and finally their respective financial and property rights and obligations
as between each other including, without limitation by specification:
1. The settling of all matters between them relating to the ownership of real and personal
property including property heretofore or subsequently acquired by either party;
2. The settling of all disputes, rights and/or interests between them arising out of or by reason
of their marriage including but not limited to the past, present and future support, alimony, coun-
sel fees, costs or maintenance of Wife by Husband or of Husband by Wife;
3. The settling of all matters between them relating to the past, present and future support
and/or maintenance of the Child;
4. The implementation of custody and/or visitation arrangements for the minor Child of the
parties; and
5. In general, the settling of any and all actual and possible claims by each party against the
other or against their respective estates.
NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants
and undertakings set forth in this Agreement and for other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Wife and
Husband, each intending to be legally bound hereby, covenant and agree as follows:
1. Advice of Counsel Agreement Voluntary and Clearly Understood. Each party to this
Agreement acknowledges and declares that he or she respectively: (a) Is fully and completely
informed as to the facts relating to the subject matter of this Agreement and as to the rights and
liabilities of both parties; (b) Enters into this Agreement voluntarily after receiving the advice
of independent counsel or, having been advised to consult independent counsel, has knowingly
and voluntarily chosen to forego such consultation; (c) Has given careful and mature thought to
the making of this Agreement; (d) Has carefully read each provision of this Agreement; and
(e) Fully and completely understands each provision of this Agreement, both as to the subject
matter and legal affect; and (f) Further, the parties further acknowledge that they have each made
to the other a full and complete disclosure of their respective assets, estate, liabilities, and
sources of income and that they waive any specific enumeration thereof for the purposes of this
Agreement.
2
2. Definitions.
(a) Divorce Code. The phrase "Divorce Code" shall be defined as 23 Pa. Cons. Stat. Ann. §
3101.
(b) Date of Execution of this Agreement. The phrase "date of execution" or "execution date"
of this Agreement shall be defined as the date of execution by the parties if they have each exe-
cuted the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of
this Agreement shall be defined as the date of execution by the party last executing this Agree-
ment.
(c) Distribution Date. The phrase "distribution date" shall be defined as the date of settlement
on sale of house as referenced in Paragraph 10, herein, infra. If settlement funds are not immedi-
ately available on the day of settlement, the distribution date shall be the next business day.
3. Effective Date of Agreement. This Agreement will become effective and binding upon both
parties upon execution of this Agreement by both of them.
4. Effect of Divorce Decree--Incorporation. The parties agree that unless otherwise specifi-
cally provided herein this Agreement shall continue in full force and effect after such time as a
final decree in divorce may be entered with respect to the parties. Husband and Wife agree that
the terms of this Agreement shall be incorporated but not merged into any divorce decree which
may be entered with respect to the parties and; therefore, Wife and Husband agree and each of
the parties does hereby warrant and represent to the other that should either of them obtain a de-
cree, judgment or order of separation or divorce in any state, country or jurisdiction, that party
will take all reasonable steps to have this Agreement incorporated as part of any such decree,
judgment or order. The parties further agree that the Court of Common Pleas which may enter
such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of
the Agreement for the purpose of enforcement of any of the provisions thereof.
Nevertheless, it specifically is understood and agreed by and between the parties hereto and
each of the said parties does hereby warrant and represent to the other that should either of the
parties obtain a decree, judgment or order of separation or divorce in any state, country or juris-
diction, each of the parties agrees that all of the provisions of this Agreement shall not be af-
fected in any way by any such separation or divorce, it being agreed by the parties that this
Agreement shall continue in full force and effect after such time as a final decree a divorce may
be entered and shall survive and not be merged into any such decree, judgment or order.
5. Effect on Divorce. The execution and delivery of this Agreement is not predicated upon
nor made the subject of any agreement for the institution, prosecution, defense or for the non-
prosecution or non-defense of any action for divorce. It specifically is understood and agreed by
and between the parties and each party does hereby warrant and represent to the other that their
marriage is irretrievably broken and that they do not desire marital counseling. In the event that a
Divorce action is instituted by either party, the parties agree to take all legal steps (including the
timely and prompt submission of all documents and the taking of all actions including executing
the appropriate waivers of notice of the master's hearing, right to file exceptions, and right to file
appeal) necessary to assure that a divorce pursuant to Section § 3301(c) of the Divorce Code is
entered as soon as possible. To that end, the parties have executed and agree to promptly file the
affidavits required to obtain a divorce pursuant to § 3301(c) of the Divorce Code.
4
If., after the execution of this agreement, either party delays or contests the obtaining of a fi-
nal. unappealed divorce decree. that party shall be fully responsible for all attorneys' fees. costs
and/or expenses incurred as a result of such delay in obtaining the decree.
6. Effect of No Divorce. Except as otherwise provided for in this Agreement, this Agreement
will remain in full force and effect even if no final decree in divorce is obtained.
7. Effect of Reconciliation or Reconciliation Attempt. This Agreement will remain in full
force and effect even if the parties affect a reconciliation, cohabit as Husband and Wife or at-
tempt to effect a reconciliation. This Agreement shall continue in full force and effect and there
shall be no modification or waiver of any of the terms hereof unless the parties in writing, signed
by both parties execute a statement declaring this Agreement or any term of this Agreement null
and void.
The purpose of this paragraph is to promote a reconciliation between the parties, promote
marital harmony and to discourage either party from reconciling with the other party so as to ob-
tain monetary benefits. Further, the parties hereto acknowledge that they have been fully in-
formed and are fully acquainted with the legal effect of a reconciliation and that they have given
due consideration to such matters and questions, and that each party enters into this Agreement,
and the terms of this Paragraph freely, voluntarily and with full knowledge and understanding.
8. Personal Rights. Wife and Husband may and shall, at all times hereafter, live separate and
apart. Each shall be free from any direct or indirect control, restraint, interference or authority,
by the other and shall be treated in all respects as if they were unmarried. Except as otherwise
provided for in this Agreement, each may reside at such place or places and with such other per-
sons as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on
and engage in any business, occupation, profession or employment and at such locations which
to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign
each other or the respective families, friends, colleagues, employers or employees of each other
nor compel or attempt to compel by any means the other to cohabit or dwell in any manner what-
soever with him or her. The parties are free to make mutually and voluntarily any efforts at rec-
onciliation as he, she or they may deem advisable.
The foregoing provisions shall not be taken to be an admission on the part of either Wife or
Husband of the lawfulness or unlawfulness of the causes leading to their living apart.
This Agreement is not intended to condone and shall not be deemed to be a condonation on
the part of either party hereto of any act on the part of the other party which has occasioned the
disputes or unhappy differences which have occurred prior to or which may occur subsequent to
the date of execution of this Agreement.
9. Warranty of Disclosure. Husband and Wife represent and warrant that they have disclosed
to each other the full extent of their assets, income and liabilities. Each party has had ample op-
portunity to review the financial condition of the other and each party agrees not to challenge the
instant Agreement based on an allegation of lack of sufficient disclosure of assets or income.
10. Equitable Distribution of Property.
(a) Premises. Wife and Husband hold title as tenants by the entireties to the premises identi-
fied as 24 North 20'' Street, Camp Hill, Cumberland County, Pennsylvania 17011 (the "Prem-
ises"). The parties agree as follows with respect to the Premises: Husband and Wife shall sell the
Premises by promptly or immediately placing such residence in the hands of a real estate broker
or agent for sale. Husband and Wife shall take all reasonable steps to assist in the sale of such
property. and neither party shall refuse, without the written consent of the other party. to sell
such property if an offer is made of Three Hundred Fifty Thousand Dollars ($30.000) or more
from a qualified buyer if either Husband or Wife notifies the other party that he or she wishes to
accept that offer, provided that such notification is received by the other party so that the offer
can be accepted in a timely fashion.
After payment of the outstanding mortgage, all joint debt on the line of credit (with M&T
Bank), all joint debt on the joint Visa Credit Card (with Chase), real estate transfer taxes, and
related closing costs, the net amount received by the parties shall be distributed as follows:
Of the proceeds, Wife will immediately receive One Hundred Twenty Thousand Dollars
($120,000.00), and Christine Rathbun and William Rathbun will receive equal shares of the re-
mainder. Christine Rathbun will place $20,000 of her share into a special account to be used for
Sarah T. Rathbun's college education.
and Wife and Husband will immediately receive equal shares of the remainder.
Each party shall report for income tax purposes one-half (1/2) of the gain and/or loss result-
ing from the sale of the Premises, and shall be responsible for capital gains and/or ordinary in-
come tax resulting therefrom. Further, each party shall remain liable for their individual debt
and all expenses incurred in resolution of the same with respect to the line of credit (with M&T
Bank), all individual debt on the joint Visa Credit Card (with Chase), and all post separation fi-
nancing transactions.
(b) Personal Property. Husband and Wife acknowledge that they have divided all personal
property brought to the marriage and all personal property acquired during the marriage to their
mutual satisfaction. Husband hereby relinquishes all right, title and interest in Wife's personal
7
property currently in her possession, and Wife hereby relinquishes all right, title and interest in
Husband's personal property currently in his possession, except as provided herein to the con-
trary.
(c) Except as otherwise provided in this Agreement, Husband shall keep and retain sole
ownership, control and enjoyment of all property transferred to him pursuant to this Agreement,
all property listed in the Inventory and Appraisement which he filed in this action, all real estate
titled in his name, and all of the jewelry, clothes, furniture, automobiles and other personal prop-
erty titled in his name or in his possession and all bank accounts, securities, insurance policies,
pensions, financial interests, or other intangible property held in his name (provided that the exis-
tence and value of such property was disclosed to Wife prior to the date of execution of this
Agreement), including all appreciation thereon and all increments in value thereto, and all prop-
erty acquired in exchange therefore, free and clear of any claim, right or interest by Wife (includ-
ing without limitation any claim or right to courtesy, or equitable distribution or other allocation
or division of such property upon divorce under the laws of the Commonwealth of Pennsylvania
or any other state) and he shall have the exclusive right to dispose of such property without inter-
ference or restraint by Wife (except as provided in this Agreement) as if the marriage had not
taken place and he had remained unmarried.
Husband shall keep Wife indemnified and held harmless from any liability, cost or expense,
including attorneys' fees, which is incurred in connection with the interests and/or assets referred
to in this Paragraph.
Except as otherwise provided in this Agreement, Wife shall keep and retain sole ownership,
control and enjoyment of all property transferred to him pursuant to this Agreement, all property
listed in the Inventory and Appraisement which he filed in this action.. all real estate titled in his
name. and all of the jewelry, clothes, furniture, automobiles and other personal property titled in
his name or in his possession and all bank accounts. securities. insurance policies, pensions, fi-
nancial interests, or other intangible property held in his name (provided that the existence and
value of such property was disclosed to Husband prior to the date of execution of this Agree-
ment). including all appreciation thereon and all increments in value thereto. and all property ac-
quired in exchange therefore, free and clear of any claim, right or interest by Husband (including
without limitation any claim or right to courtesy, or equitable distribution or other allocation or
division of such property upon divorce under the laws of the Commonwealth of Pennsylvania or
any other state) and he shall have the exclusive right to dispose of such property without interfer-
ence or restraint by Husband (except as provided in this Agreement) as if the marriage had not
taken place and he had remained unmarried.
Wife shall keep Husband indemnified and held harmless from any liability, cost or expense,
including attorneys' fees, which is incurred in connection with the interests and/or assets referred
to in this Paragraph.
(d) Automobile. The parties agree that Wife shall become the sole and exclusive owner of a
certain 2004 VW Beetle, and Wife and Husband agree to take all steps necessary to have the loan
on said vehicle transferred to Wife's name alone. Wife shall keep Husband indemnified and held
harmless from any liability, cost or expense, including attorneys' fees, which is incurred subse-
quent to the date of execution of this Agreement in connection with the mortgage. The title to
said automobile shall be executed by the parties, if appropriate for accomplishing transfer as
herein provided, on the date of execution of this Agreement said executed title shall be delivered
to Wife upon such refinancing.
9
The parties agree that Husband shall become the sole and exclusive owner of a certain 1994
Cheverolet Blazer, free and clear of any liens and encumbrances thereon. The title to said auto-
mobile shall be executed by the parties, if appropriate for accomplishing transfer as herein pro-
vided, on the date of execution of this Agreement said executed title shall be delivered to Hus-
band on distribution date.
(e) Joint Assets. The parties agree that the only assets which they own in joint names are
the Premises and some of its contents. Wife and Husband agree that, including the cash pay-
ments provided for in this Agreement, they have divided their jointly owned property into two
(2) equal shares of approximately equal value determined by reference to the fair market value of
such property.
(o) Wife and Husband agree that the foregoing property dispositions constitute an equitable
distribution of all of their property, pursuant to Section 401 of the Divorce Code, 23 Pa. Cons.
Stat. Ann. § 3401. Wife and Husband hereby waive any right to division of their property except
as provided for in this Agreement.
(p) After-Acquired Personal Property. Husband and Wife shall hereafter own and enjoy in-
dependently of any claim or right of the other, all items of personal property, tangible or intangi-
ble, acquired by him or her from the date of execution of this Agreement, with full power in him
or her to dispose of the same as fully and effectively, in all respects and for all purposes, as
though he or she were unmarried.
11. Retirement, Pension, 401-K Plan. Husband hereby relinquishes all right, title and interest in
Wife's retirement, pension and/or 401-K Plan and Wife hereby relinquishes all right, title and
10
interest in Husband's retirement, pension and/or 401-K plan. Husband and wife relinquish all
right, title and interest in any future inheritance of the other.
12. Credit. Wife and Husband represent that they have taken all steps necessary to make sure that
no credit cards or similar accounts exist which provide for joint liability. From the date of execu-
tion of this Agreement, each party shall use only those cards and accounts for which that party is
individually liable.
13. Custody.
(a) Joint Legal and Physical Custody.
It is the intention of the parties, and the parties agree, to share joint legal and physical cus-
tody of the Child and that with regard to any emergency decisions which must be made, the par-
ent having physical custody of the Child at the time of the emergency shall be permitted to make
any immediate decisions necessitated by the emergency.
However, that parent shall inform the other parent of the emergency and consult with him or
her regarding the emergency as soon as practicable.
(b) Travel. Each parent shall promptly and in a timely manner notify the other concerning
travel plans, travel arrangements and any delays which may occur. Any such delays causing a
loss of custodial time with the Child for the other parent will result in a reverse of the holiday
split of time.
(c) Access to Records. Each parent shall be entitled to complete and full information from
any doctor, dentist, teacher or authority and to have copies of any reports given to either party as
a parent. These documents include but are not limited to medical reports, report cards, birth cer-
tificates, and baptismal certificates.
11
(d) Living Arrangements. Wife and Husband do not want to establish a fixed schedule re-
garding the physical custody of the Child. Instead, the parties believe that it is in the Child's
best interest to maintain the flexible schedule that they now have, which generally consists of
Husband having physical custody of the Child one to three nights per week, and alternating
weekends from 6 pm Friday through 6 am Monday, one half ( 1/2) of all holidays (including
Thanksgiving, Christmas, and New Year's Day, Easter, Memorial Day, Independence Day and
Labor Day), and up to one-half ( 1/2) of the Child's summer vacation, while Wife has physical
custody of the Child during the remaining time.
It is understood that it is not possible to predict when it will be feasible for either party to
have the Child visit with him or her in the future and that the exact period of physical custody
must necessarily be the subject of periodic negotiation.
Child's Preferences. Husband and Wife recognize that the Child may have wishes and prefer-
ences of their own with respect to the foregoing custody arrangements, which the parties agree to
consider in establishing such custody arrangements.
14. Child Support. Except as otherwise provided for in this Agreement, Wife shall be solely re-
sponsible for the support of the Child.
(a) Commencing on the date of execution of this Agreement, Husband shall pay to Wife for
the support of the Child the sum of Four Hundred Dollars ($ 400.00) per month payable on the
first business day of each month. Such payments are solely for the purpose of child support and
shall not be taxable to Wife nor deductible by Husband.
(b) When Sarah enters college, William Rathbun will pay a minimum of $400 (or the current
level of child support) monthly directly in to an account in Sarah's name, to be used toward
12
Sarah's educational expenses. This arrangement will continue until Sarah graduates from a four-
year institution of higher learning.
15. Income Tax. The parties shall sign and file joint federal, state and local income tax
returns for the calendar year 2006. In each year thereafter, the parties shall file separate individ-
ual income tax returns. Each party shall be solely liable for any and all of their own tax liability
and shall indemnify, defend and hold the other harmless from and against any such liability. For
purposes of the calendar year 2006 tax preparations, Husband and Wife agree to promptly make
available to each other all records and information necessary or helpful for the preparation of any
joint tax returns, any claims for refund and defense of tax audits.
16. Counsel Fees. Except as otherwise provided for in this Agreement, each party shall be
responsible for his or her own legal fees and expenses.
17. Warranty as to Existing Obligations. During the course of the marriage, Wife and Hus-
band have incurred certain liabilities and it is hereby agreed, without the necessity of ascertain-
ing for what purpose and for whose use each of the bills was incurred, that of those liabilities that
were incurred prior to the date of execution of this Agreement, Wife and Husband each cove-
nants, represents, warrants and agrees that, except as may be otherwise specifically provided for
by the terms of this Agreement, as of the date of execution of this Agreement, no unpaid liabili-
ties except for the Line of Credit remain which were incurred by him or her or on his or her be-
half for which the other party may be deemed liable; and, if any such debts or obligations should
be determined to have existed as of the date of execution of this Agreement, or thereafter, accept
as set forth below, the party who incurred that debt shall indemnify and hold the other party
13
harmless for and against any loss or liability and costs or expense, including attorneys' fees, in-
curred as a result of those liabilities.
18. Warranty as to Future Obligations. Wife and Husband each covenants, represents, war-
rants, and agrees that, except as may be otherwise specifically provided for by the terms of this
Agreement, neither of them shall hereafter incur any liability whatsoever for which the other or
the estate of the other may be liable, and each now and at all times hereafter shall indemnify and
hold harmless the other party from and against any such liabilities, costs or expenses, including
attorneys' fees, relating thereto incurred by the other party after the date of execution of this
Agreement.
19. Mutual Releases. Except, and only except, for all rights, agreements and obligations of
whatsoever nature arising under or which may arise under this Agreement or for the breach of
any part of this Agreement, Wife and Husband each do hereby mutually remise, release, quit-
claim and forever discharge the other and the estate of the other, for all time to come, and for all
purposes whatsoever, of and from any and all rights, title and interest, or claim in or against the
property (including income, and gain from property hereafter accruing) of the other or against
the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at
any time hereafter may have against the other, the estate of the other or any part thereof, whether
arising (a) out of any former acts, contracts, engagements or liabilities of such other, (b) by way
of dower or courtesy or claims in the nature of dower or courtesy or widow's or widower's rights,
(c) as family exemption or similar allowance, or (d) under the intestate laws, the right to take
against the spouse's will, 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 (i) Pennsylvania, (ii) any other State, Commonwealth or territory of the United
14
States. or (iii) any other country. Except. and only except for all rights, agreements and obliga-
tions of whatsoever nature arising under or which may arise under this Agreement or for the
breach of any part of this Agreement, the parties agree that this Agreement shall be and consti-
tute a full and final resolution of any and all claims which each of the parties may have against
the other for equitable distribution of property, alimony counsel fees and expenses, alimony
pendente lite or any other claim pursuant to the Pennsylvania Divorce Code or the divorce laws
of any other jurisdiction. The parties further release and waive any rights which either party may
have now or hereafter against the other including but not limited to claims for past, present or
future support or maintenance, alimony, alimony pendente lite, property division (including but
not necessarily limited to equitable distribution), counsel fees, costs or expenses, whether arising
as a result of the marital relation or otherwise, whether under the Divorce Code or otherwise. Ex-
cept, and only except, for all rights, agreements and obligations of whatsoever nature arising un-
der or which may arise under this Agreement or for the breach of any part of this Agreement, it is
the intention of Wife and Husband to give to each other by the execution of this Agreement, a
full, complete and general release with respect to any and all property of any kind or nature,
whether real, personal or mixed, which the other now owns or may hereafter acquire.
20. Release of Testamentary Claims. Except as provided for in this Agreement, each of the
parties hereto shall have the right to dispose of his or her property by Last Will and Testament,
or otherwise, and each of them agrees that the estate of the other, whether real, personal or
mixed, shall be and belong to the person or persons who would have become entitled hereto as if
the decedent had been the last to die. This provision is intended to constitute a mutual waiver by
the parties of any rights to take against each other's last Wills under the present or future laws of
any jurisdiction whatsoever and is intended to confer third party beneficiary rights upon the other
15
heirs and beneficiaries of each other party hereto. Either party may, however, make such provi-
sion for the other as he or she may desire in and by his or her Last Will and Testament. Each of
the parties further covenants and agrees that he or she will permit any Will of the other to be
probated and allow administration upon his or her personal, real, or mixed estate and effects to
be taken out by the person or persons who would have been entitled to do so had Husband or
Wife died during the lifetime of the other and that neither Husband nor Wife will claim against
or contest the Will and the estate of the other. Each of the parties hereby releases, relinquishes
and waives any and all rights to act as executor or executrix or administrator or administratrix of
the other party's estate. Each of the parties hereto further covenants and agrees for himself and
herself and his or her heirs, executors, administrators and assigns, that he or she will never at any
time hereafter sue the other party or his or her heirs, executors, administrators, or assigns, for the
purpose of enforcing any of the rights relinquished under this Paragraph.
21. Mutual Waivers. Wife and Husband acknowledge that by this Agreement they each re-
spectively have secured and maintained a substantial and adequate fund with which to provide
themselves sufficient resources for his or her comfort, maintenance and support according to the
standard of living to which the party is accustomed. Therefore, except as provided for in this
Agreement, Wife and Husband do hereby waive, release, and give up any rights that they may
respectively have, either at the present or in the future, against the other for equitable distribu-
tion, alimony, support, maintenance, or for any other right resulting from their status as wife and
Husband. Wife and Husband agree that neither party may apply to any court for a modification
of this Agreement, with respect to alimony, distribution of property, or otherwise, whether pur-
suant to the Divorce Code or any other present or future statute or authority. Except as provided
for in this Agreement, it shall be the sole responsibility of Wife and Husband to sustain herself or
16
himself without seeking any, support from the other party from the date of execution of this
Agreement. In the event that either of the parties shall nevertheless seek such a modification, that
party shall indemnify and hold the other party harmless from and against any loss resulting there-
from, including counsel fees and costs.
22. Waiver or Modification to be in Writing. No modification or waiver of any of the terms
hereof shall be valid unless in writing and signed by both parties and no waiver of any breach
hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or
similar nature.
23. Mutual Cooperation. Each party shall, at any time and from time to time hereafter, take
any and all steps to execute, acknowledge and deliver to the other party any and all further in-
struments and/or (within at least fifteen days after demand therefore) documents that the other
party may reasonably require for the purpose of giving full force and effect to the provisions of
this Agreement.
24. Notice Provisions.
(a) Notice to Wife provided for in this Agreement shall be sent by certified mail, return re-
ceipt requested, as follows: ToWife at Oorl T? 41 ?3?
CUP Ntom- VA i Q
or to such other address as Wife from time to time may designate in writing.
(b) Notice to Husband provided for in this Agreement shall be sent by certified mail, return
receipt requested as follows:
17
To Husband at Flo
U 'q/10-te'?
?4 2 70/(
C
or such other address as Husband from time to time may designate in writing.
25. Law of Pennsylvania Applicable. This Agreement shall be construed in accordance with
the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of
this Agreement.
26. Agreement Binding Upon and Benefiting Heirs. Except as specifically provided herein,
this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors and assigns.
27. Integration. This Agreement constitutes the entire understanding of the parties and super-
sedes any and all prior agreements and negotiations between them. There are no other represen-
tations, terms, covenants, conditions, agreements or warranties, express or implied, oral or writ-
ten of any nature whatsoever, other than those expressly set forth herein.
28. No Waiver of Default. This Agreement shall remain in full force and effect unless and un-
til terminated under and pursuant to the terms of this Agreement. The failure of either party to
insist upon strict performance of any of the provisions of this Agreement shall in no way affect
the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any
provision hereof be construed as a waiver of any subsequent default of the same or similar na-
ture, nor shall it be construed as a waiver of strict performance of any other obligations herein.
29. Severability. If any term, condition, clause or provision of this Agreement shall be deter-
mined or declared to be void or invalid in law or otherwise, then only that term, condition, clause
or provision shall be stricken from this Agreement and in all other respects this Agreement shall
18
be valid and continue in full force, effect and operation. Likewise, the failure of any party to
meet her or his obligations under any one or more of the Paragraphs herein, with the exception of
the satisfaction of the conditions precedent, shall in no way void or alter the remaining obliga-
tions of the parties.
30. Headings Part of Agreement. Any headings preceding the text of the several Paragraphs
and subparagraphs hereof are inserted solely for convenience of reference and shall not consti-
tute a part of this Agreement nor shall they affect its meaning, construction or effect.
31. Counterparts. This Agreement may be executed in counterparts, each of which will be an
original and which together shall constitute one and the same instrument.
32. Costs of Enforcement. Any party breaching this agreement is liable to the other party for
all costs and counsel fees reasonably incurred by the non-breaching party to enforce his or her
rights under the Separation Agreement subsequent to the date of the signing of this Agreement.
Should either party fail in the due performance of the terms under this Agreement, the other
party shall be able at his or her discretion to sue for performance or for damages for a breach of
the Agreement. The party who is deemed to have failed in the due performance of the terms
hereunder shall be liable for all reasonable costs and expenses incurred by the other in suing for
performance or for damages for breach of the Agreement. The terms contained shall be con-
strued to restrict or limit each party's right to exercise this election.
33. Contract Interpretation. For purposes of interpretation and for the purpose of resolving
any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their
respective attorneys.
19
34. Waiver ofLiability. Husband and Wife each knowingly and understandingly waive any
and all possible claims that this Agreement is, for any reason, illegal or for any reason whatso-
ever of public policy, unenforceable in whole or in part. Husband and Wife each does here by
warrant, covenant and agree that, in any possible event, he or she is and shall forever be estopped
from asserting any illegality or unenforceability as to all or any part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written:
WITNESS-
HUSBAND:
- -j
WILLIAM T. RATHBUN
WITNESS:
WIFE:
(Reminder at signing: Please fill in the preferred address for notices under this agreement as
required on Page 16.)
20
COMMONWEALTH OF PENNSYLVANIA
: SS.:
COUNTY OF CUMBERLAND
fir-_ b"
On this, the day of " , 2006, before me, a Notary Public, the under-
signed officer, personally appeared illiam T. Rathbun, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the within instrument and acknowledged that he exe-
cuted the same for the purposes herein contained.
IN WI S WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
SS..
COUNTY OF CUMBERLAND
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Darrel! C. Dethlefs, Notary Public
Hampden Twp., Cumberland County
My Commission Elites Aug. 5, 2008
Member, Pennsylvania Association of Notaries
ah ("? ww
On this, the day of , :, 2006, before me, a Notary Public, the under-
signed officer, personally appeared hristine Rathbun, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument and acknowledged that she executed
the same for the purposes herein contained.
IN WITNESS WHEREOF, I unto set my hand and official seal.
Notary P blic
My Commission Expires: COMMONWEALTH OF PENNSYLVANIA
Darren Notarial Sei I
(SEAL) Ham rrrd l! C. Dethlefs, Notary Public
wp•, Cumberland C=aunty
My mmission Expires Aug s, 2008
Membor. "°nnsylvania Association Of Notaries
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rn
WILLIAM T. RATHBUN,
Plaintiff
VS.
CHRISTINE RATHBUN,
Defendant
* IN THE COURT OF COMMON PLEAS
* CUMBERLAND COUNTY, PENNSYLVANIA
* NO. 07-3412
* CIVIL ACTION - LAW
* IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a
divorce decree:
1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c).
2. Date and manner of service of the Complaint:
The Defendant was served with the Complaint on June 15, 2007 by certified
mail, restricted delivery, return receipt requested and an Affidavit of Service
was filed with this Honorable Court on June 20, 2007.
3. Complete either Paragraph (a) or (b):
(a) Date of execution of the Affidavit of Consent required by Section 3301(c) of
the Divorce Code: By Plaintiff. September 19, 2007; By Defendant: September
17, 2007.
(b) (1) Date of execution of the Affidavit required by Section 3301(d) of the
Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit
upon the Respondent: N/A.
4. Related claims pending:
All related claims were settled by a Marital Settlement Aereement dated
October 3, 2006 and filed with the Court on October 15, 2007
5. Complete either (a) or (b):
(a) Date and manner of service of the Notice of Intention to File Praecipe to
Transmit Record, a copy of which is attached:
(b) Date Plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with
the Prothonotary: September 20, 2007; Date Defendant's Waiver of Notice
in Section 3301(c) Divorce was filed with the Prothonotary: September 20,
2007.
Date: to' I to 01
By:
Timothy J. C squire
Supreme Court I.D. #77944
130 West Church Street, Suite 100
Dillsburg, PA 17019
(717) 432-9666
(Attorney for Plaintiff)
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IN THE COURT OF COMMON PLEAS
AND NOW, 6bi-ubu. Z!r , LVv2q , IT IS ORDERED AND
WILLIAM T. RATHBUN
Plaintiff
VERSUS
No. 2007-3412 CIVIL TERM
DECREE IN
DIVORCE
DECREED THAT
AND
OF CUMBERLAND COUNTY
STATE OF PENNA.
WILLIAM T. RATHBUN
CHRISTINE RATHBUN
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, PLAINTIFF,
I DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The terms and provisions of the Marital Settlement Agreement signed by the
parties and dated October 3, 2006 are hereby incorporated but not merged in the
Decree of Divorce and remain binding upon the parties.
A
*W
d
SERRATELLI SCHIFFMAN AND BROWN, PC r
SPERO T LAPPAS, Esquire c
2080 Linglestown Road
Harrisburg, Pa. 17110 M
(717) 540-9170 4
ATTORNEYS FOR THE PLAINTIFF
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
WILLIAM T RATHBUN
V.
CHRISTINE RATHBUN
Docket 2007-3412
CIVIL ACTION - LAW
IN DIVORCE
PLAINTIFF'S ANSWER TO PETITION FOR ENFORCEMENT
1. Admitted.
2. Admitted.
3. - 4. Neither admitted nor denied. The document speaks for itself.
5. Admitted.
Page 1 of 8
k
6. Admitted.
7. Admitted that plaintiff made payments. Admitted that no summer
payments were required. By way of further pleading, changes in
circumstances and a modification of this agreement absolves the Plaintiff
of any further obligations under the Agreement.
8. Admitted that Plaintiff was arrested. His arrest and subsequent
employment termination, incarceration, release on house arrest, guilty
plea, and imminent sentencing and incarceration all constitute changed
circumstances which excuse his non-compliance with the Defendant's
payment expectations. By way of further pleading, changes in
circumstances and a modification of this agreement absolves the Plaintiff
of any further obligations under the Agreement.
9. Admitted. See answer 8, supra.
10. Argument requiring no answer.
Page 2 of 8
iI
0
11. Argument requiring no answer.
12. Argument requiring no answer. See answer 8, supra.
13. Argument requiring no answer. See answer 8, supra. Plaintiffs
current circumstances militate against any further orders of court or
enforcement actions. By way of further pleading, changes in
circumstances and a modification of this agreement absolves the Plaintiff
of any further obligations under the Agreement.
14. Neither admitted nor denied.. The document speaks for itself.
15. Argument requiring no answer. See answer 8, supra. Plaintiff's
current circumstances militate against any further orders of court or
enforcement actions.
16. - 19. Arguments and requests for relief requiring no answer. See
answer 8, supra. Plaintiffs current circumstances militate against any
Page 3 of 8
further orders of court or enforcement actions.
20. - 21. Admitted.
NEW MATTER
22. The Defendant's arrest and subsequent employment termination,
incarceration, release on house arrest, guilty plea, and imminent
sentencing and incarceration all constitute changed circumstances which
excuse his non-compliance with the Defendant's payment expectations.
23. On or about march 20, 2007 the parties modified the Agreement
absolving the Plaintiff of any further duties to pay child support for the
parties' daughter Sarah. The Addendum which modifies the Agreement is
attached as Exhibit A to this Answer.
24. The Plaintiff is entitled to counsel fees based upon the Defendant's
frivolous Petition.
Page 4 of 8
WHEREFORE, the Defendant's Petition should be denied. The
Plaintiff requests an award of counsel fees based upon the Defendant's
frivolous Petition. In the event that the parties fail to agree on the amount
of such an award, the Plaintiff requests a hearing.
Respectfully Submitted,
SER HIFFMAN AND BROWN, PC
SP LAPPAS, Esquire
2080 Linglestown Road
Harrisburg, Pa. 17110
(717) 540-9170
ATTORNEYS FOR THE PLAINTIFF
Page 5 of 8
EXHIBIT A
Page 6 of 8
ADDENDUM TO MARITAL SETTLEMENT AGREEMENT
THIS ADDENDUM TO MARITAL SETTLEMENT AGREEMENT, made this
day of , 2007, by and between CHRISTINE RATHBUN, hereinafter referred
to as "WIFE"and WILLIAM RATHBUN, (hereinafter referred to as "HUSBAND"):
WITNESSETH:
WHEREAS, on October 3, 2006, HUSBAND and WIFE executed a Marital Settlement
Agreement (hereinafter "Agreement") prepared by Joseph Curcillo, Esquire; and
WHEREAS, the Agreement addressed issues of child support for the parties' minor
child; and
WHEREAS, the parties now desire to amend the provisions relating to child support
from the Agreement:
NOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings set forth in the Marriage Settlement Agreement, hereinafter set forth
and for other 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:
1. SUPPORT: The parties hereby agree that HUSBAND shall pay to WIFE child
support in the amount of $450.00 per month effective April 1, 2007 and payable on the second of
every month thereafter until such time as the minor child, Sarah, enters college, or at the
expiration of six (6) months after the child turns eighteen (18) or graduates from high school,
whichever occurs later.
An additional increase shall be effective July 1, 2007, based on the Cost of Living
Allowance (COLA) increase in HUSBAND's state employee contract. If the COLA is 2%,
HUSBAND shall pay to WIFE an additional $30.00 per month for a total of $480.00 per month.
If the COLA is 3%, HUSBAND shall pay to WIFE an additional $50.00 per month for a total of
$500.00 per month.
WIFE agrees to cancel the support modification conference scheduled for Wednesday,
March 21, 2007 in Cumberland County and to close the Cumberland County Domestic Relations
case based upon this Agreement.
2. INCORPORATION IN MARRIAGE SETTLEMENT AGREEMENT: It is
agreed that the terms of this Addendum are to be incorporated in the Agreement and considered a
part thereof. It is agreed and understood by the parties that this addendum shall not be
considered effective until such time as it is executed by both parties.
3. COUNTERPARTS: This Addendum may be signed in counterparts.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
ear first above --
illiam Rathbun C stine Rathbun
Witness Witness
t
Amendment to Child Support Agreement -
Monthly support increase from $400 to $450
Effective April 1 - payable on the second of each month.
Increase! on July 1 based on Cost of Living Increase in state employee
contract -
- if 2% col --increase of $30/month
- if 3S col - increase of $50/month
This assumes that I will continue to pay for Sarah's cell phone, and will
be responsible for her voice/piano lessons.
l
I ? fj/ aI
VERIFICATION
I verify pursuant to the penalties of 18 PaCS 4904 that the factual
averments of the attached ANSWER are true and correct to the best of my
knowledge, information, and belief.
r_
Plaintiff
Page 7 of 8
CERTIFICATE OF SERVICE
A true copy of this document was served today by United States Mail as
follows:
BARBARA SUMPLE SULLIVAN, ESQ.
549 BRIDGE STREET
NEW CUMBERLAND, PA. 17070
Respectfully Submitted,
SE OOHIFFMAN AND BROWN, PC
BY
SPERO T LAPPAS, Esquire
2080 Linglestown Road
Harrisburg, Pa. 17110
(717) 540-9170
ATTORNEYS FOR THE PLAINTIFF
DATE: Z , 2011
Page 8 of 8
0
L. R7?0 Flo
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317 ?Q ,? (9 A' 9
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445 CUMBERLAND COUNTY Counsel for Petitioner PENNSYLVANIA
WILLIAM T. RATHBUN, IN THE COURT OF COMMON PLEAS
Plaintiff (Petitioner) CUMBERLAND COUNTY, PENNSYLVANIA
V. : Docket No. 2007-3412
CHRISTINE RATHBUN, : CIVIL ACTION -LAW
Defendant (Respondent) : IN DIVORCE
PETITIONER'S REPLY TO NEW MATTER
22. Denied. It is denied that any circumstances indicated by Respondent constitutes any legal
excuse to void his obligation for payments due to his daughter.
23. Admitted in part, Denied in part. It is admitted that the parties executed an amendment to
their marital settlement agreement which dealt with the amount of child support. It is admitted
that the addendum was an amicable resolution of a pending petition for increase of child support
and to avoid a conference scheduled for March 21, 2007. It is denied that the addendum
absolved the Plaintiff of any further duties to pay child support for the parties' daughter Sarah.
The addendum sets forth a formula to adjust the amount of support due for Sarah. The addendum
did not modify the duration of the support due if Sarah did attend college.
24. Denied. It is denied that the Petition is frivolous.
Wherefore, Petitioner requests judgment in her favor.
DATE: January 13, 2012
Respectfully Submitted
f
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
Attorney for Petitioner
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Counsel for Petitioner
WILLIAM T. RATHBUN, : IN THE COURT OF COMMON PLEAS
Plaintiff (Petitioner) CUMBERLAND COUNTY, PENNSYLVANIA
V. ; Docket No. 2007-3412
CHRISTINE RATHBUN, CIVIL ACTION -LAW
Defendant (Respondent) : IN DIVORCE
VERIFICATION
I, Christine Dixon, hereby certify that the facts set forth in the foregoing New Matter are
true and correct to the best of my knowledge, information and belief. 1 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:
RISTINE DIXON
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Counsel for Petitioner
WILLIAM T. RATHBUN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. Docket No. 2007-3412
CHRISTINE RATHBUN, 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 PETITIONER'S REPLY TO NEW MATTER, in the above-
captioned matter upon the following individual, by United States first-class mail, postage prepaid,
addressed as follows:
Spero T. Lappas, Esquire
Serratelli Schiffinan & Brown, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110
DATE: Jan uary 18, 2012
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
Attorney for Petitioner
?b
WILLIAM T. RATHBUN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. Docket No. 2007-3412
CHRISTINE RATHBUN, CIVIL ACTION -LAW
Defendant IN DIVORCE
Order
AND NOW, this day of 2012, in consideration of
e 6F
the aforementioned Petition for Enforcement, a hearing is scheduled for
A , 2012, O aaq./p.m., in Courtroom No. .
BY THE COURT: MCD
r
v* r^
Distribution:
/Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070-
1931(717) 774-1445 (phone), (717) 774-7059 (fax) barbs549aaol.com
Spero T. Lappas, Esquire, Serratelli Schiffinan & Brown, P.C., 2080 Linglestown
Road, Suite 201, Harrisburg, PA 17110 (717)-798-3595 (phone), 717-540-5481 (fax)
?Vto-
WILLIAM T. RATHBUN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLV?
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VS. CIVIL ACTION - LAW ?n _
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NO. 07-3412 CIVIL +!
CHRISTINE RATHBUN,
Defendant
IN RE: DEFENDANT'S MOTION TO ENFORCE
ORDER
AND NOW, this /t day of February, 2012, on agreement of the parties, hearing
in the above-captioned matter set for March 2, 2012, is continued to Friday, March 16, 2012, at
10:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
Kevin A/fHess. P. J.
? Spero Lappas, Esquire
For the Plaintiff
Barbara Sumple-Sullivan, Esquire
For the Defendant
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WILLIAM T. RATHBUN,
Plaintiff
VS.
CHRISTINE RATHBUN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-3412 CIVIL
ORDER
AND NOW, this IV day of March, 2012, the caption of the above matter is
amended to reflect that the name of the defendant is Christine Dixon and not Christine Rathbun.
BY THE COURT,
Kevin . Hess, P. J.
V Spero Lappas, Esquire
For the Plaintiff
V Barbara Sumple-Sullivan, Esquire
For the Defendant
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WILLIAM T. RATHBUN,
Plaintiff
vs.
CHRISTINE DIXON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 07-3412 CIVIL
IN RE: DEFENDANT'S MOTION TO ENFORCE
ORDER
AND NOW, this /G' day of March, 2012, this matter having been called for
hearing, following conference with counsel in Chambers, on agreement of the parties, judgment
herewith is entered in favor of defendant, Christine Dixon, and against plaintiff, William
Rathbun, in the amount of $9,000.00. This will extinguish all claims of the defendant/petitioner
through March 31, 2012.
BY THE COURT,
Kevin ess, P. J.
V Spero Lappas, Esquire
For the Plaintiff
? Barbara Sumple-Sullivan, Esquire
For the Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT&I11 S,N?,V : 59
CIVIL ACTION - LAW
WILLIAM T. RATHBUN
Plaintiff
VS.
CHRISTINE RATHBUN
Defendant
CUMBERLAND COUNTY
PENNSYLVANIA
FILE NO. 3412
IN DIVORCE
2007
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 25th day of October, 2007
hereby elects to resume the prior surname of Christine Dixon
and gives this written notice pursuant to the provisions of 54 P.S. 704.
DATE: 11(?'?01 -
Signature
of name being
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF CUMBERLAND
On the day of 20/2-, before me, a
Notary Public, personally appeared the above affiant known to me to be the person whose name
is subscribed to the within document and acknowledged that he/she executed the foregoing for the
purpose therein contained.
In Witness Whereof, I have hereunto
NOTARIAL SEAL
BARBARA SUMPLE-SULLIVAN
Notuy Public
NEW CUMBERLAND I WO., CUMBERLAND CNTV
My Conan EYO" Nw 1S, 2016
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Barbara Sumple-Sullivan,Esquire , ' `- `" �' i Imp,
Supreme Court#32317 _ x E
549 Bridge Street tv y
New Cumberland,PA 17070 ;t' E t L r , r ')s T
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(717)774-1445 PENNS‘11 LV t,A
Counsel for Petitioner
WILLIAM T. RATHBUN, : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
v. : Docket No. 2007-3412
CHRISTINE DIXON, formerly : CIVIL ACTION - LAW
CHRISTINE RATHBUN, : IN DIVORCE
Defendant/Petitioner
PETITION FOR ENFORCEMENT
1. Petitioner is Christine Dixon, formerly known as Christine Rathbun, an adult
individual residing at 101 Connors Street, Pringle, Luzerne County, PA 18704.
2. Respondent is William T. Rathbun, an adult individual residing at 1910 Dartmouth
Street, Camp Hill, Cumberland County, PA 17011.
3. On October 3,2006,Petitioner and Respondent entered into a Settlement Agreement
which,by its terms,resolved all issues surrounding the parties' divorce issues. This Agreement was
incorporated but not merged into the Decree in Divorce entered on October 25,2007. A copy of said
Agreement and Decree is attached hereto as Exhibit "A" and incorporated herein by reference.
1
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4. Paragraph 14(b)(page 12)of the Settlement Agreement addressed college education
expenses for the parties' daughter. It provides, inter alia:
(b) When Sarah enters college, William Rathbun will pay a
minimum of $400 (or the current level of child support) monthly
directly in to an account in Sarah's name,to be used towards Sarah's
educational expenses. This arrangement will continue until Sarah
graduates from a four-year institution of higher learning.
5. Sarah began college in September,2009,at Muhlenberg University and graduated in
May, 2013.
6. On November 2, 2011, Petitioner filed a Petition for Enforcement of the above-
mentioned Settlement Agreement due to Respondent's failure to make the requirement payments set
forth in Paragraph 14 (b).
7. After a hearing, the parties reached an agreement which was entered by an Order of
Court dated March 16,2012. Said Order stated a judgment would be entered in favor of Defendant,
Christine Dixon and against Defendant,William Rathbun in the amount of Nine Thousand Dollars
and 00/100($9,000.00). The Order extinguished all claims of Defendant/Petitioner through March
31, 2012. A true and correct copy of same is attached hereto as Exhibit"B".
8. Respondent has not made any support payments since the March 16, 2012 Order.
2
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9. Respondent has failed to make payments for fourteen(14)months following the entry
of the March 16, 2012 Order or for a total of Six Thousand Six Hundred Fifty Dollars and 00/100
($6,650.00) for the period of April, 2012 through May, 2013.
10. Petitioner requests this Honorable Court order Respondent to comply with the terms
of the Settlement Agreement and deposit Six Thousand Six Hundred Fifty Dollars and 00/100
($6,650.00),plus interest,into the account in the parties' daughter's name within ten(10)days of the
date of an Order.
11. Paragraph 32 (page 19) of the Agreement provides, inter alia:
Any party breaching this agreement is liable to the other party
for all costs and counsel fees reasonably incurred by the non-
breaching party to enforce his or her rights under the Separation
Agreement subsequent to the date of the signing of this Agreement.
Should either party fail in the due performance of the terms
under this Agreement, the other party shall be able at his or her
discretion to sue for performance or for damages for a breach of the
Agreement. The party who is deemed to have failed in the due
performance of the terms hereunder shall be liable for all reasonable
costs and expenses incurred by the other in suing for performance or
for damages for breach of the Agreements. The terms contained shall
be construed to restrict or limit each party's right to exercise this
election.
3
12. Respondent breached the Settlement Agreement by failing to make the required
payments on behalf of the parties' daughter, Sarah during her college career.
13. Petitioner requests enforcement of the terms of the parties' Settlement Agreement in
accordance with 23 Pa. C.S.A. §3105(a).
14. Petitioner has been required to hire and pay for counsel and incurred costs incident to
enforce said Agreement.
15. Petitioner also requests an award of counsel fees and costs pursuant to the Settlement
Agreement and 23 Pa. C.S.A. §3502(e).
16. Counsel for Respondent has not provided concurrence with the filing of this Petition.
17. The Honorable Judge Hess signed the Divorce Decree and the Order dated Mach 16,
2012 in this matter.
WHEREFORE, Petitioner requests this Honorable Court to enter an Order as follows:
1. Respondent is required to comply with the terms of the Settlement Agreement and
deposit Six Thousand Six Hundred Fifty Dollars and 00/100 ($6,650.00), plus
interest, into the account in the parties' daughter's name within ten(10) days of the
date of an Order;
4
Petitioner incurred arising from enforcement of the Settlement Agreement within ten
(10)days of the date of an Order.This includes,but is not limited to,the attorney fees
and costs incurred for the preparation and presentation of this Petition and attendance
at hearing; and
3. Any other relief this Court deems equitable.
Respectfully bmitt- •
DATE: &A- Z /`
Barbara Sumple-Sullivan, Esquire
Attorney for Petitioner
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. No. 32317
5
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o ARE DIVORCED FROM THE BONDS OF MATRIMONY. o
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o THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE o
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oThe terms and provisions of the Marital Settlement Agreement signed by the 0
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SETTLEMENT AGREEMENT
THIS AGREEMENT.made this day of ` -�,.t-c---- , 2006, by and between
WILLIAM T. RATHBUN, of 24 North 20th Street. Camp Hill. Cumberland County,Pennsyl-
vania 17011 ("Husband") and CHRISTINE RATHBUN, • of 24 North 20th Street, Camp Hill,
Cumberland County,Pennsylvania 17011 ("Wife").
WITNESSETH
WHEREAS,the parties hereto are husband and wife,having been married on March 23,
1991 in Cumberland County,Pennsylvania.;
WHEREAS, Husband and Wife are the parents of Sarah born on September 25, 1991 (the
"Child");
WHEREAS, certain unhappy differences, disputes, misunderstandings and difficulties have
arisen between the parties and the parties have decided that their marriage is irretrievably broken,
that it is their intention to live separate and apart for the rest of their natural lives,that they are
desirous of settling fully and finally their respective fmancial and property rights and obligations
as between each other including,without limitation by specification:
1. The settling of all matters between them relating to the ownership of real and personal
property including property heretofore or subsequently acquired by either party;
2.The settling of all disputes, rights and/or interests between them arising out of or by reason
of their marriage including but not limited to the past,present and future support, alimony, coun-
sel fees, costs or maintenance of Wife by Husband or of Husband by Wife;
i t t
3. The settling of all matters between them relating to the past, present and future support
and/or maintenance of the Child;
4.The implementation of custody and/or visitation arrangements for the minor Child of the
parties;and
5. In general, the settling of any and all actual and possible claims by each party against the
other or against their respective estates.
NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants
and undertakings set forth in this Agreement and for other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Wife and
Husband, each intending to be legally bound hereby, covenant and agree as follows:
1.Advice of Counsel Agreement Voluntary and Clearly Understood. Each party to this
Agreement acknowledges and declares that he or she respectively: (a) Is fully and completely
informed as to the facts relating to the subject matter of this Agreement and as to the rights and
liabilities of both parties; (b) Enters into this Agreement voluntarily after receiving the advice
of independent counsel or,having been advised to consult independent counsel,has knowingly
and voluntarily chosen to forego such consultation; (c) Has given careful and mature thought to
the making of this Agreement; (d) Has carefully read each provision of this Agreement; and
(e) Fully and completely understands each provision of this Agreement, both as to the subject
matter and legal affect; and (f)Further,the parties further acknowledge that they have each made
to the other a full and complete disclosure of their respective assets, estate, liabilities, and
sources of income and that they waive any specific enumeration thereof for the purposes of this
Agreement.
2
2.Definitions.
(a) Divorce Code. The phrase "Divorce Code" shall be defined as 23 Pa. Cons. Stat.Ann. ¢
3101.
(b)Date of Execution of this Agreement. The phrase"date of execution"or"execution date"
of this Agreement shall be defined as the date of execution by the parties if they have each exe-
cuted the Agreement on the same date. Otherwise, the"date of execution" or"execution date"of
this Agreement shall be defined as the date of execution by the party last executing this Agree-
ment.
(c)Distribution Date. The phrase"distribution date" shall be defined as the date of settlement
on sale of house as referenced in Paragraph 10,herein, infra. If settlement funds are not immedi-
ately available on the day of settlement,the distribution date shall be the next business day.
3.Effective Date of Agreement. This Agreement will become effective and binding upon both
parties upon execution of this Agreement by both of them.
4.Effect of Divorce Decree--Incorporation. The parties agree that unless otherwise specifi-
cally provided herein this Agreement shall continue in full force and effect after such time as a
final decree in divorce may be entered with respect to the parties.Husband and Wife agree that
the terms of this Agreement shall be incorporated but not merged into any divorce decree which
may be entered with respect to the parties and;therefore, Wife and Husband agree and each of
the parties does hereby warrant and represent to the other that should either of them obtain a de-
cree,judgment or order of separation or divorce in any state, country or jurisdiction,that party
will take all reasonable steps to have this Agreement incorporated as part of any such decree,
judgment or order. The parties further agree that the Court of Common Pleas which may enter
3
6 4
such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of
the Agreement for the purpose of enforcement of any of the provisions thereof.
Nevertheless, it specifically is understood and agreed by and between the parties hereto and
each of the said parties does hereby warrant and represent to the other that should either of the
parties obtain a decree,judgment or order of separation or divorce in any state, country or juris-
diction, each of the parties agrees that all of the provisions of this Agreement shall not be af-
fected in any way by any such separation or divorce, it being agreed by the parties that this
Agreement shall continue in full force and effect after such time as a final decree a divorce may
be entered and shall survive and not be merged into any such decree,judgment or order.
5.Effect on Divorce. The execution and delivery of this Agreement is not predicated upon
nor made the subject of any agreement for the institution,prosecution, defense or for the non-
prosecution or non-defense of any action for divorce. It specifically is understood and agreed by
and between the parties and each party does hereby warrant and represent to the other that their
marriage is irretrievably broken and that they do not desire marital counseling. In the event that a
Divorce action is instituted by either party, the parties agree to take all legal steps(including the
timely and prompt submission of all documents and the taking of all actions including executing
the appropriate waivers of notice of the master's hearing, right to file exceptions, and right to file
appeal)necessary to assure that a divorce pursuant to Section § 3301(c) of the Divorce Code is
entered as soon as possible. To that end,the parties have executed and agree to promptly file the
affidavits required to obtain a divorce pursuant to § 3301(c)of the Divorce Code.
4
If. after the execution of this agreement, either party delays or contests the obtaining.of a fi-
nal. unappealed divorce decree. that party shall be fully responsible for all attorneys'fees. costs
and/or expenses incurred as a result of such delay in obtaining the decree.
6.Effect ofNo Divorce. Except as otherwise provided for in this Agreement,this Agreement
will remain in full force and effect even if no final decree in divorce is obtained.
7.Effect of Reconciliation or Reconciliation Attempt. This Agreement will remain in full
force and effect even if the parties affect a reconciliation, cohabit as Husband and Wife or at-
tempt to effect a reconciliation. This Agreement shall continue in full force and effect and there
shall be no modification or waiver of any of the terms hereof unless the parties in writing, signed
by both parties execute a statement declaring this Agreement or any term of this Agreement null
and void.
The purpose of this paragraph is to promote a reconciliation between the parties,promote
marital harmony and to discourage either party from reconciling with the other party so as to ob-
tain monetary benefits.Further,the parties hereto acknowledge that they have been fully in-
formed and are fully acquainted with the legal effect of a reconciliation and that they have given
due consideration to such matters and questions,and that each party enters into this Agreement,
and the terms of this Paragraph freely, voluntarily and with full knowledge and understanding.
8.Personal Rights. Wife and Husband may and shall, at all times hereafter, live separate and
apart.Each shall be free from any direct or indirect control, restraint, interference or authority,
by the other and shall be treated in all respects as if they were unmarried. Except as otherwise
provided for in this Agreement, each may reside at such place or places and with such other per-
sons as he or she may select.Each may, for his or her separate use or benefit, conduct, carry on
5
and engage in any business, occupation, profession or employment and at such locations which
to him or her may seem advisable. Wife and Husband shall not molest,harass, disturb or malign
each other or the respective families, friends, colleagues, employers or employees of each other
nor compel or attempt to compel by any means the other to cohabit or dwell in any manner what-
soever with him or her. The parties are free to make mutually and voluntarily any efforts at rec-
onciliation as he, she or they may deem advisable.
The foregoing provisions shall not be taken to be an admission on the part of either Wife or
Husband of the lawfulness or unlawfulness of the causes leading to their living apart.
This Agreement is not intended to condone and shall not be deemed to be a condonation on
the part of either party hereto of any act on the part of the other party which has occasioned the
disputes or unhappy differences which have occurred prior to or which may occur subsequent to
the date of execution of this Agreement.
9. Warranty of Disclosure. Husband and Wife represent and warrant that they have disclosed
to each other the full extent of their assets, income and liabilities.Each party has had ample op-
portunity to review the financial condition of the other and each party agrees not to challenge the
instant Agreement based on an allegation of lack of sufficient disclosure of assets or income.
10.Equitable Distribution of Property.
(a)Premises. Wife and Husband hold title as tenants by the entireties to the premises identi-
fied as 24 North 20th Street, Camp Hill, Cumberland County,Pennsylvania 17011 (the"Prem-
ises"). The parties agree as follows with respect to the Premises: Husband and Wife shall sell the
Premises by promptly or immediately placing such residence in the hands of a real estate broker
or agent for sale. Husband and Wife shall take all reasonable steps to assist in the sale of such
6
tl
property. and neither party shall refuse,without the written consent of the other party.to sell
such property if an offer is made of Three Hundred Fifty Thousand Dollars ($350.000) or more
from a qualified buyer if either Husband or Wife notifies the other part)'that he or she wishes to
accept that offer, provided that such notification is received by the other party so that the offer
can be accepted in a timely fashion.
After payment of the outstanding mortgage, all joint debt on the line of credit (with M&T
Bank), all joint debt on the joint Visa Credit Card (with Chase), real estate transfer taxes,and
related closing costs,the net amount received by the parties shall be distributed as follows:
Of the proceeds, Wife will immediately receive One Hundred Twenty Thousand Dollars
($120,000.00),and Christine Rathbun and William Rathbun will receive equal shares of the re-
mainder. Christine Rathbun will place$20,000 of her share into a special account to be used for
Sarah T.Rathbun's college education.
and Wife and Husband will immediately receive equal shares of the remainder.
Each party shall report for income tax purposes one-half(1/2) of the gain and/or loss result-
ing from the sale of the Premises, and shall be responsible for capital gains and/or ordinary in-
come tax resulting therefrom. Further,each party shall remain liable for their individual debt
and all expenses incurred in resolution of the same with respect to the line of credit(with M&T
Bank), all individual debt on the joint Visa Credit Card (with Chase), and all post separation fi-
nancing transactions.
(b) Personal Property. Husband and Wife acknowledge that they have divided all personal
property brought to the marriage and all personal property acquired during the marriage to their
mutual satisfaction. Husband hereby relinquishes all right,title and interest in Wife's personal
7
property currently in her possession, and Wife hereby relinquishes all right, title and interest in
Husband's personal property currently in his possession, except as provided herein to the con-
trary.
(c)Except as otherwise provided in this Agreement,Husband shall keep and retain sole
ownership, control and enjoyment of all property transferred to him pursuant to this Agreement,
all property listed in the Inventory and Appraisement which he filed in this action, all real estate
titled in his name,and all of the jewelry, clothes, furniture, automobiles and other personal prop-
erty titled in his name or in his possession and all bank accounts, securities, insurance policies,
pensions, financial interests, or other intangible property held in his name(provided that the exis-
tence and value of such property was disclosed to Wife prior to the date of execution of this
Agreement), including all appreciation thereon and all increments in value thereto, and all prop-
erty acquired in exchange therefore,free and clear of any claim,right or interest by Wife(includ-
ing without limitation any claim or right to courtesy, or equitable distribution or other allocation
or division of such property upon divorce under the laws of the Commonwealth of Pennsylvania
or any other state)and he shall have the exclusive right to dispose of such property without inter-
ference or restraint by Wife(except as provided in this Agreement)as if the marriage had not
taken place and he had remained unmarried.
Husband shall keep Wife indemnified and held harmless from any liability,cost or expense,
including attorneys'fees, which is incurred in connection with the interests and/or assets referred
to in this Paragraph.
Except as otherwise provided in this Agreement, Wife shall keep and retain sole ownership,
control and enjoyment of all property transferred to him pursuant to this Agreement, all property
8
9 h
listed in the Inventory and Appraisement which he filed in this action. all real estate titled in his
name. and all of the jewelry, clothes. furniture, automobiles and other personal property titled in
his name or in his possession and all bank accounts. securities. insurance policies. pensions, fi-
nancial interests. or other intangible property held in his name (provided that the existence and
value of such property was disclosed to Husband prior to the date of execution of this Agree-
ment). including all appreciation thereon and all increments in value thereto. and all property ac-
quired in exchange therefore, free and clear of any claim, right or interest by Husband (including
without limitation any claim or right to courtesy, or equitable distribution or other allocation or
division of such property upon divorce under the laws of the Commonwealth of Pennsylvania or
any other state)and he shall have the exclusive right to dispose of such property without interfer-
ence or restraint by Husband (except as provided in this Agreement)as if the marriage had not
taken place and he had remained unmarried.
Wife shall keep Husband indemnified and held harmless from any liability, cost or expense,
including attorneys'fees, which is incurred in connection with the interests and/or assets referred
to in this Paragraph.
(d)Automobile. The parties agree that Wife shall become the sole and exclusive owner of a
certain 2004 VW Beetle, and Wife and Husband agree to take all steps necessary to have the loan
on said vehicle transferred to Wife's name alone. Wife shall keep Husband indemnified and held
harmless from any liability, cost or expense, including attorneys'fees, which is incurred subse-
quent to the date of execution of this Agreement in connection with the mortgage. The title to
said automobile shall be executed by the parties, if appropriate for accomplishing transfer as
herein provided, on the date of execution of this Agreement said executed title shall be delivered
to Wife upon such refinancing.
9
The parties agree that Husband shall become the sole and exclusive owner of a certain 1994
Cheverolet Blazer, free and clear of any liens and encumbrances thereon. The title to said auto-
mobile shall be executed by the parties, if appropriate for accomplishing transfer as herein pro-
vided, on the date of execution of this Agreement said executed title shall be delivered to Hus-
band on distribution date.
(e)Joint Assets. The parties agree that the only assets which they own in joint names are
the Premises and some of its contents. Wife and Husband agree that, including the cash pay-
ments provided for in this Agreement,they have divided their jointly owned property into two
(2)equal shares of approximately equal value determined by reference to the fair market value of
such property.
(o)Wife and Husband agree that the foregoing property dispositions constitute an equitable
distribution of all of their property,pursuant to Section 401 of the Divorce Code,23 Pa. Cons.
Stat.Ann. § 3401. Wife and Husband hereby waive any right to division of their property except
as provided for in this Agreement.
(p)After Acquired Personal Property. Husband and Wife shall hereafter own and enjoy in-
dependently of any claim or right of the other, all items of personal property, tangible or intangi-
ble, acquired by him or her from the date of execution of this Agreement,with full power in him
or her to dispose of the same as fully and effectively, in all respects and for all purposes, as
though he or she were unmarried.
11.Retirement, Pension, 401-K Plan. Husband hereby relinquishes all right, title and interest in
Wife's retirement,pension and/or 401-K Plan and Wife hereby relinquishes all right,title and
10
interest in Husband's retirement. pension and/or 401-K plan. Husband and wife relinquish all
right.title and interest in any future inheritance of the other.
12. Credit. Wife and Husband represent that they have taken all steps necessary to make sure that
no credit cards or similar accounts exist which provide for joint liability. From the date of execu-
tion of this Agreement. each party shall use only those cards and accounts for which that party is
individually liable.
13. Custody.
(a)Joint Legal and Physical Custody.
It is the intention of the parties, and the parties agree,to share joint legal and physical cus-
tody of the Child and that with regard to any emergency decisions which must be made,the par-
ent having physical custody of the Child at the time of the emergency shall be permitted to make
any immediate decisions necessitated by the emergency.
However,that parent shall inform the other parent of the emergency and consult with him or
her regarding the emergency as soon as practicable.
(b) Travel. Each parent shall promptly and in a timely manner notify the other concerning
travel plans,travel arrangements and any delays which may occur. Any such delays causing a
loss of custodial time with the Child for the other parent will result in a reverse of the holiday
split of time.
(c)Access to Records. Each parent shall be entitled to complete and full information from
any doctor, dentist, teacher or authority and to have copies of any reports given to either party as
a parent. These documents include but are not limited to medical reports, report cards, birth cer-
tificates, and baptismal certificates.
11
•
(d)Living Arrangements. Wife and Husband do not want to establish a fixed schedule re-
garding the physical custody of the Child. Instead, the parties believe that it is in the Child's
best interest to maintain the flexible schedule that they now have, which generally consists of
Husband having physical custody of the Child one to three nights per week, and alternating
weekends from 6 pm Friday through 6 am Monday, one half( 1/2)of all holidays(including
Thanksgiving, Christmas, and New Year's Day,Easter,Memorial Day, Independence Day and
Labor Day), and up to one-half( 1/2) of the Child's summer vacation, while Wife has physical
custody of the Child during the remaining time.
It is understood that it is not possible to predict when it will be feasible for either party to
have the Child visit with him or her in the future and that the exact period of physical custody
must necessarily be the subject of periodic negotiation.
Child's Preferences. Husband and Wife recognize that the Child may have wishes and prefer-
ences of their own with respect to the foregoing custody arrangements, which the parties agree to
consider in establishing such custody arrangements.
14. Child Support. Except as otherwise provided for in this Agreement,Wife shall be solely re-
sponsible for the support of the Child.
(a) Commencing on the date of execution of this Agreement,Husband shall pay to Wife for
the support of the Child the sum of Four Hundred Dollars($400.00)per month payable on the
first business day of each month. Such payments are solely for the purpose of child support and
shall not be taxable to Wife nor deductible by Husband.
(b) When Sarah enters college, William Rathbun will pay a minimum of$400 (or the current
level of child support) monthly directly in to an account in Sarah's name,to be used toward
12
•
Sarah's educational expenses. This arrangement will continue until Sarah graduates from a four-
year institution of higher learning.
15.Income Tax. The parties shall sign and file joint federal, state and local income tax
returns for the calendar year 2006. In each year thereafter,the parties shall file separate individ-
ual income tax returns. Each party shall be solely liable for any and all of their own tax liability
and shall indemnify, defend and hold the other harmless from and against any such liability. For
purposes of the calendar year 2006 tax preparations, Husband and Wife agree to promptly make
available to each other all records and information necessary or helpful for the preparation of any
joint tax returns, any claims for refund and defense of tax audits.
16. Counsel Fees. Except as otherwise provided for in this Agreement, each party shall be
responsible for his or her own legal fees and expenses.
17. Warranty as to Existing Obligations. During the course of the marriage, Wife and Hus-
band have incurred certain liabilities and it is hereby agreed, without the necessity of ascertain-
ing for what purpose and for whose use each of the bills was incurred,that of those liabilities that
were incurred prior to the date of execution of this Agreement, Wife and Husband each cove-
nants,represents,warrants and agrees that, except as may be otherwise specifically provided for
by the terms of this Agreement, as of the date of execution of this Agreement,no unpaid liabili-
ties except for the Line of Credit remain which were incurred by him or her or on his or her be-
half for which the other party may be deemed liable;and, if any such debts or obligations should
be determined to have existed as of the date of execution of this Agreement, or thereafter, accept
as set forth below, the party who incurred that debt shall indemnify and hold the other party
13
•
•
harmless for and against any loss or liability and costs or expense, including attorneys' fees, in-
curred as a result of those liabilities.
18. Warranty as to Future Obligations. Wife and Husband each covenants, represents, war-
rants, and agrees that, except as may be otherwise specifically provided for by the terms of this
Agreement,neither of them shall hereafter incur any liability whatsoever for which the other or
the estate of the other may be liable, and each now and at all times hereafter shall indemnify and
hold harmless the other party from and against any such liabilities, costs or expenses, including
attorneys'fees,relating thereto incurred by the other party after the date of execution of this
Agreement.
19.Mutual Releases. Except, and only except, for all rights, agreements and obligations of
whatsoever nature arising under or which may arise under this Agreement or for the breach of
any part of this Agreement, Wife and Husband each do hereby mutually remise,release, quit-
claim and forever discharge the other and the estate of the other, for all time to come,and for all
purposes whatsoever, of and from any and all rights,title and interest, or claim in or against the
property(including income, and gain from property hereafter accruing) of the other or against
the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at
any time hereafter may have against the other,the estate of the other or any part thereof,whether
arising(a)out of any former acts, contracts, engagements or liabilities of such other, (b) by way
of dower or courtesy or claims in the nature of dower or courtesy or widow's or widower's rights,
(c)as family exemption or similar allowance, or(d) under the intestate laws,the right to take
against the spouse's will,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 Iaws of(i)Pennsylvania, (ii) any other State, Commonwealth or territory of the United
14
States. or(iii) any other country. Except. and only except for all rights. agreements and obliga-
tions of whatsoever nature arising under or which may arise under this Agreement or for the
breach of any part of this Agreement, the parties agree that this Agreement shall be and consti-
tute a full and final resolution of any and all claims which each of the parties may have against
the other for equitable distribution of property, alimony counsel fees and expenses,alimony
pendente lite or any other claim pursuant to the Pennsylvania Divorce Code or the divorce laws
of any other jurisdiction.The parties further release and waive any rights which either party may
have now or hereafter against the other including but not limited to claims for past,present or
future support or maintenance, alimony, alimony pendente lite,property division (including but
not necessarily limited to equitable distribution), counsel fees, costs or expenses,whether arising
as a result of the marital relation or otherwise. whether under the Divorce Code or otherwise.Ex-
cept, and only except,for all rights, agreements and obligations of whatsoever nature arising un-
der or which may arise under this Agreement or for the breach of any part of this Agreement, it is
the intention of Wife and Husband to give to each other by the execution of this Agreement, a
full, complete and general release with respect to any and all property of any kind or nature,
whether real,personal or mixed,which the other now owns or may hereafter acquire.
20.Release of Testamentary Claims. Except as provided for in this Agreement, each of the
parties hereto shall have the right to dispose of his or her property by Last Will and Testament,
or otherwise, and each of them agrees that the estate of the other,whether real,personal or
mixed,shall be and belong to the person or persons who would have become entitled hereto as if
the decedent had been the last to die.This provision is intended to constitute a mutual waiver by
the parties of any rights to take against each other's last Wills under the present or future laws of
any jurisdiction whatsoever and is intended to confer third party beneficiary rights upon the other
15
heirs and beneficiaries of each other party hereto. Either party may, however, make such provi-
sion for the other as he or she may desire in and by his or her Last Will and Testament.Each of
the parties further covenants and agrees that he or she will permit any Will of the other to be
probated and allow administration upon his or her personal, real, or mixed estate and effects to
be taken out by the person or persons who would have been entitled to do so had Husband or
Wife died during the lifetime of the other and that neither Husband nor Wife will claim against
or contest the Will and the estate of the other.Each of the parties hereby releases,relinquishes
and waives any and all rights to act as executor or executrix or administrator or administratrix of
the other party's estate.Each of the parties hereto further covenants and agrees for himself and
herself and his or her heirs, executors, administrators and assigns,that he or she will never at any
time hereafter sue the other party or his or her heirs, executors, administrators, or assigns,for the
purpose of enforcing any of the rights relinquished under this Paragraph.
21.Mutual Waivers. Wife and Husband acknowledge that by this Agreement they each re-
spectively have secured and maintained a substantial and adequate fund with which to provide
themselves sufficient resources for his or her comfort,maintenance and support according to the
standard of living to which the party is accustomed. Therefore, except as provided for in this
Agreement, Wife and Husband do hereby waive, release, and give up any rights that they may
respectively have, either at the present or in the future, against the other for equitable distribu-
tion, alimony, support,maintenance, or for any other right resulting from their status as wife and
Husband. Wife and Husband agree that neither party may apply to any court for a modification
of this Agreement, with respect to alimony, distribution of property, or otherwise, whether pur-
suant to the Divorce Code or any other present or future statute or authority.Except as provided
for in this Agreement, it shall be the sole responsibility of Wife and Husband to sustain herself or
16
himself without seeking any support from the other party from the date of execution of this
Agreement. In the event that either of the parties shall nevertheless seek such a modification, that
party shall indemnify and hold the other party harmless from and against any loss resulting there-
from, including counsel fees and costs.
22. Waiver or Modification to be in Writing. No modification or waiver of any of the terms
hereof shall be valid unless in writing and signed by both parties and no waiver of any breach
hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or
similar nature.
23.Mutual Cooperation. Each party shall, at any time and from time to time hereafter, take
any and all steps to execute, acknowledge and deliver to the other party any and all further in-
struments and/or(within at least fifteen days after demand therefore)documents that the other
party may reasonably require for the purpose of giving full force and effect to the provisions of
this Agreement.
24.Notice Provisions.
(a)Notice to Wife provided for in this Agreement shall be sent by certified mail, return re-
ceipt requested, as follows:
To Wife at c5D. OOP+ 44-. T
CA u tt_,L_. �
l
or to such other address as Wife from time to time may designate in writing.
(b)Notice to Husband provided for in this Agreement shall be sent by certified mail,return
receipt requested as follows:
17
p .
To Husband at / 7/0 i) 7l? C
Cam / g 1-2/4 J70((
or such other address as Husband from time to time may designate in writing.
25.Law of Pennsylvania Applicable. This Agreement shall be construed in accordance with
the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of
this Agreement.
26.Agreement Binding Upon and Benefiting Heirs. Except as specifically provided herein,
this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors and assigns.
27.Integration. This Agreement constitutes the entire understanding of the parties and super-
sedes any and all prior agreements and negotiations between them. There are no other represen-
tations,terms, covenants, conditions, agreements or warranties, express or implied, oral or writ-
ten of any nature whatsoever,other than those expressly set forth herein.
28.No Waiver of Default. This Agreement shall remain in full force and effect unless and un-
til terminated under and pursuant to the terms of this Agreement.The failure of either party to
insist upon strict performance of any of the provisions of this Agreement shall in no way affect
the right of such party hereafter to enforce the same,nor shall the waiver of any breach of any
provision hereof be construed as a waiver of any subsequent default of the same or similar na-
ture,nor shall it be construed as a waiver of strict performance of any other obligations herein.
29.Severability. If any term, condition, clause or provision of this Agreement shall be deter-
mined or declared to be void or invalid in law or otherwise,then only that term,condition, clause
or provision shall be stricken from this Agreement and in all other respects this Agreement shall
18
h `
be valid and continue in full force,effect and operation. Likewise, the failure of any party to
meet her or his obligations under any one or more of the Paragraphs herein,with the exception of
the satisfaction of the conditions precedent, shall in no way void or alter the remaining obliga-
tions of the parties.
30.Headings Part of Agreement Any headings preceding the text of the several Paragraphs
and subparagraphs hereof are inserted solely for convenience of reference and shall not consti-
tute a part of this Agreement nor shall they affect its meaning, construction or effect.
31. Counterparts. This Agreement may be executed in counterparts, each of which will be an
original and which together shall constitute one and the same instrument.
32. Costs of Enforcement. Any party breaching this agreement is liable to the other party for
all costs and counsel fees reasonably incurred by the non-breaching party to enforce his or her
rights under the Separation Agreement subsequent to the date of the signing of this Agreement.
Should either party fail in the due performance of the terms under this Agreement,the other
party shall be able at his or her discretion to sue for performance or for damages for a breach of
the Agreement. The party who is deemed to have failed in the due performance of the terms
hereunder shall be liable for all reasonable costs and expenses incurred by the other in suing for
performance or for damages for breach of the Agreement. The terms contained shall be con-
strued to restrict or limit each party's right to exercise this election.
33. Contract Interpretation. For purposes of interpretation and for the purpose of resolving
any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their
respective attorneys.
19
{
1
34. Waiver of Liability. Husband and Wife each knowingly and understandingly waive any
and all possible claims that this Agreement is, for any reason, illegal or for any reason whatso-
ever of public policy, unenforceable in whole or in part.Husband and Wife each does here by
warrant, covenant and agree that, in any possible event,he or she is and shall forever be estopped
from asserting any illegality or unenforceability as to all or any part of this Agreement.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and
year first above written:
WITNESS HUSBAND:
,ter 71/ £1
WILLIAM T.RATHBUN
WITNESS: WIFE:
i '.
'r HRISTINE RATHBUN
(Reminder at signing: Please fill in the preferred address for notices under this agreement as
required on Page 16.)
20
S
., ' )
COMMONWEALTH OF PENNSYLVANIA :
: SS.:
COUNTY OF CUMBERLAND
On this,the •?4j day of' 0 , 2006, before me, a Notary Public.the under-
signed officer,personally appeared illiam T. Rathbun, known to me (or satisfactorily proven)to
be the person whose name is subscribed to the within instrument and acknowledged that he exe-
cuted the same for the purposes herein contained.
IN r S' WHEREOF, I hereunto set my hand and official seal.
1'110
At ie
Notary Public
My Commission Expires: COMMONWEALTH OF PENNSYLVANIA
(SEAL) Notarial Seal
Darrell C.Dethlefs,Notary Public
Hampden Twp.,Cumberland County
My Commission Expires Aug.5,2008
Member.Pennsylvania Association Of Notaries
COMMONWEALTH OF PENNSYLVANIA :
: SS.:
COUNTY OF CUMBERLAND .•
dC (z� $'('(
On this,the day of ,2006, before me, a Notary Public,the under-
signed officer,personally appeared hristine Rathbun,known to me(or satisfactorily proven)to be
the person whose name is subscribed to the within instrument and acknowledged that she executed
the same for the purposes herein contained.
IN WITNES ,WHEREOF, I .= =unto set my hand and official seal.
Notary Public
My Commission Expires: COMMONWEALTH OF PENNSYLVANIA
Darrell C•Notarial Seal
(SEAL) Ham,. Dethlels Notary Public
My m Twit.Cumberland Camty
Member,po ra8 Expires Aug 5.2008
nnsyivania Association Of Notaries
WILLIAM T. RATHBUN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION—LAW
: NO. 07-3412 CIVIL
CHRISTINE DIXON,
•
Defendant
IN RE: DEFENDANT'S MOTION TO ENFORCE
ORDER
AND NOW, this /6, day of March, 2012, this matter having been called for
hearing, following conference with counsel in Chambers, on agreement of the parties,judgment
herewith is entered in favor of defendant, Christine Dixon, and against plaintiff, William
Rathbun, in the amount of$9,000.00. This will extinguish all claims of the defendant/petitioner
through March 31, 2012.
BY THE COURT,
A"4.
Kevin • =ess, P. J.
Spero Lappas, Esquire
For the Plaintiff
Barbara Sumple-Sullivan, Esquire ==
For the Defendant
:rim _!%7 -
�c :r:
-=r
TRUE COPY FROM RECORD
in Testimony whereof, I here unto set my hand
and the seal of said Court at Carlisle, Pa.
This day of 20
Prothonotary
Barbara Sumple-Sullivan, Esquire
Supreme Court#32317
549 Bridge Street
New Cumberland,PA 17070
(717)774-1445
WILLIAM T. RATHBUN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 2007-3412
CHRISTINE DIXON, formerly : CIVIL ACTION - LAW
CHRISTINE RATHBUN : IN DIVORCE
Defendant
VERIFICATION
I, Christine Dixon, 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:G"" )19° ��
mot...
I HRISTINE DIXON
• •
• WILLIAM T. RATHBUN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : Docket No. 2007-3412
CHRISTINE DIXON, formerly : CIVIL ACTION - LAW
CHRISTINE RATHBUN, : IN DIVORCE
Defendant/Petitioner
CERTIFICATE OF SERVICE
I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I
served a true and correct copy of the PETITION FOR ENFORCEMENT,in the above-captioned
matter upon the following individual,by United States first-class mail,postage prepaid,addressed as
follows:
Spero T. Lappas, Esquire
Serratelli Schiffman & Brown, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110
DATE: 27 /3
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
Attorney for Petitioner
Barbara Sumple-Sullivan,Esquire
Supreme Court#32317
549 Bridge Street
New Cumberland,PA 17070
(717)774-1445
Counsel for Petitioner
WILLIAM T. RATHBUN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
• CZ
V. Docket No. 2007-3412 rn0v cC- , _.Y
r-
> v ;
CHRISTINE DIXON, formerly CIVIL ACTION - LAW
CHRISTINE RATHBUN, IN DIVORCE <- `'
Defendant/Petitioner
a
RULE
AND NOW, this /D' day of 2013 on consideration of
Defendant's Petition for Enforcement, a RULE is issued on Plaintiff 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 hereof.
BY THE COURT:
• � r ����� Kev' . Hess, President Judge
lE r�
IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY
WILLIAM THOMPKINS RATHBUN •
Plaintiff •
v. • 2007-3412
CHRISTINE DIXON •
Defendant •
ANSWER TO PETITION FOR ENFORCEMENT am c - -�,
=I- t C':
1.-3. Admitted. ...<7> N
4. Admitted that this language appears in the Settlement Agreement. zc
5. Admitted.
6. -7. Admitted as a matter of record.
8. Admitted that the Respondent has not made any specific support payments.
9. - 10. Legal argument requiring no reply.
11. Admitted that this language appears in the Settlement Agreement.
12. -13. Legal argument requiring no reply.
14. Strict proof required.
15. Legal argument requiring no reply.
16. Admitted.
17. Admitted as a matter of record.
NEW MATTER
18. Now that Sarah has reached the age of majority, any relief or judgment granted on
the Petitioner's petition should be to her benefit and not to the Petitioner's.
WHEREFORE, the Respondent requests that the Court set a hearing on the petition.
RESPECTFULLY SUBMITTED,
4
SP' 'O . APPAS, Esquire
Pa. Supreme Court ID no. 25745
Serratelli, Schiffman, & Brown P.C.
2080 Linglestown Road
Suite 201
Harrisburg, Pennsylvania 17110-9670
Telephone (717) 540-9170
ATTORNEYS
FOR WILLIAM THOMPKINS RATHBUN
SPERO T. LAPPAS, Esquire
Pa. Supreme Court ID no. 25745
SERRATELLI, SCHIFFMAN, BROWN AND CALHOON, P.C.
2080 Linglestown Road
Suite 201
Harrisburg, Pennsylvania 17110-9670
Telephone (717) 540-9170
VERIFICATION BASED UPON PERSONAL
KNOWLEDGE AND INFORMATION SUPPLIED BY COUNSEL
I verify that the contents of this answer based upon the information which has
been gathered by my counsel in connection with this lawsuit.
The language of this answer is that of counsel and is not mine.
I have read the answer and, to the extent that it is based upon information which
I have given to my counsel, it is true and correct to the best of my knowledge,
information, and belief.
To the extent that the contents of the answer are that of counsel, I have relied
upon counsel in making this Verification.
I understand that intentional false statements herein are made subject to the
penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications made to authori
- -41■. A -.......
if
i , if
WILLIAM T RATHBUN
CERTIFICATE OF SERVICE
I hereby certify that on Monday, July 1, 2013, I served a true copy of the
attached document upon the person(s) named below by mailing a copy addressed as
follows, postage pre-paid, deposited into the U. S. Mail at Harrisburg, Pa.
BARBARA SUMPOLE SULLIVAN
549 BRIDGE STREET
NEW CUMBERLAND, PA. 17070
RESPECTFULLY SUBMITTED,
SERE _ I, _ CHIFFMAN, AND BROWN P.C.
By: M
B /
Y
SP. •
A-;PAS, Esquire
Pa. Supreme Ct. ID no. 25745
2080 Linglestown Road
Suite 201
Harrisburg, PA 17110-9670
(717) 540-9170
ATTORNEYS FOR THE PLAINTIFFS
j 7 r,
Barbara Sumple-Sullivan,Esquire tj' 3,0 i h�t�it Q 1
Supreme Court#32317
549 Bridge Street 400 J L 15 N4 2. 33
New Cumberland,PA 17070
(717)774-1445 C'Ul"IBERLAND C0LNT%'
Counsel for Petitioner p E N y c Y J y ,11 A
WILLIAM T. RATHBUN, IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. Docket No. 2007-3412
CHRISTINE DIXON,formerly CIVIL ACTION - LAW
CHRISTINE RATHBUN, IN DIVORCE
Defendant/Petitioner
ANSWER TO RESPONDENT'S NEW MATTER
18. Denied. Paragraph 18 is denied as a conclusion of law to which no response is due. To the
extent said Agreement may be considered factual,it is further averred that Petitioner was required to
financially assist and support the parties' daughter through college to her financial detriment as a
result of Respondent's breach of the parties' Marital Settlement Agreement.
WHEREFORE, Petitioner requests that Petitioner's Petition be granted.
Respectful Lt .
DATE: July 11, 2013
arba umple-Sullivan, Esquire
Attorney for Petitioner
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D.No. 32317
1
Barbara Sumple-Sullivan,Esquire
Supreme Court 932317
549 Bridge Street
New Cumberland,PA 17070
(717)774-1445
Counsel for Petitioner
WILLIAM T. RATHBUN, IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. Docket No. 2007-3412
CHRISTINE DIXON, formerly CIVIL ACTION- LAW
CHRISTINE RATHBUN, IN DIVORCE
Defendant/Petitioner
CERTIFICATE OF SERVICE
I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I
served a true and correct copy of the ANSWER TO RESPONDENT'S NEW MATTER, in the
above-captioned matter upon the following individual, by United States first-class mail, postage
prepaid, addressed as follows:
Spero T. Lappas, Esquire
Serratelli Schiffman& Brown, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110
DATE: July 11, 2013
Barbara Sumple-Sullivan, Esquire
549 Bridge Street -
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
Attorney for Petitioner
Barbara Sumple-Sullivan,Esquire %F T H t R 0 T h 0 N0
Supreme Court 432317
549 Bridge Street 2013 AUG 23 AM S*
New Cumberland,PA 17070
(717)774-1445 CU P�,NNSYLVAtd�TY
Counsel for Petitio ner
WILLIAM T. RATHBUN, IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. Docket No. 2007-3412
CHRISTINE DIXON, formerly CIVIL ACTION - LAW
CHRISTINE RATHBUN, IN DIVORCE
Defendant/Petitioner
MOTION TO LIST MATTER FOR HEARING
1. Petitioner is Christine Dixon.
2. Respondent is William T. Rathbun.
3. On June 7, 2013, Petitioner filed her second Petition for Enforcement of the
parties' Marital Settlement Agreement.
4. Respondent filed his Answer and New Matter on July 2, 2013.
5. Petitioner filed her Reply to New Matter on July 15, 2013.
6. The parties have been unable to resolve the matter through negotiations.
7. Petitioner respectfully requests the matter be scheduled for hearing.
8. Notice of the intention to request hearing had been provided to Attorney Lappas.
9. Judge Hess has previously been assigned to this matter.
Wherefore, Petitioner requests a hearing be scheduled.
Respect y ` e
Dated: August 22, 2013
Barbara Sumple-Sullivan, Esquire
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
Counsel for Petitioner
WILLIAM T. RATHBUN, IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. Docket No. 2007-3412
CHRISTINE DIXON, formerly CIVIL ACTION - LAW
CHRISTINE RATHBUN, IN DIVORCE
Defendant/Petitioner
CERTIFICATE OF SERVICE
I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this
date, I served a true and correct copy of the Motion to List Matter for Hearing, in the
above-captioned matter upon the following individual, by United States first-class mail,
postage prepaid, addressed as follows:
Spero T. Lappas, Esquire
Serratelli Schiffman & Brown, P.C.
2080 Linglestown Road
Suite 201
Harrisburg, PA 17110
DATE: August 22, 2013
Barbara Sumple-Sullivan, Esquire
549 Bridge�Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
a
Barbara Sumple-Sullivan,Esquire
Supreme Court 932317
549 Bridge Street
New Cumberland,PA 17070
(717)774-1445
Counsel for Petitioner
WILLIAM T. RATHBUN, IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. Docket No. 2007-3412
CHRISTINE DIXON, formerly CIVIL ACTION - LAW
CHRISTINE RATHBUN, IN DIVORCE
Defendant/Petitioner
Order
And now, this day of jjuaUAt , 2013, upon consideration of the
Petition for Enforcement and Petitioner's Motion for hearing, a hearing is scheduled for
6 � /Q , 2013 at //;6D AM/P-M in Courtroom. of
the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA.
Presi e t Judge Kevin A. Hess
stribution:
wl rbara Sumple-Sullivan,Esquire,549 Bridge Street,New Cumberland,PA 17070
PB ero T.Lappas,Esquire,2080 Linglestown Road, Suite 201,Harrisburg,PA 17110
CS Aza I'U-CL
-�CO w
r-... v4 S
1 C3
E
r ji tnt16 l H �i
Barbara Sumple-Sullivan,Esquire , �, ti {
Supreme Court#32317 OCT
549 Bridge Street 9 P 2: f 5
New Cumberland,PA 17070 CUE SBERL4ND CpU lTY
(717)774-1445
PENNS��
Counsel for Petitioner UVA N f A
WILLIAM T. RATHBUN, : IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA
v. : Docket No. 2007-3412
CHRISTINE DIXON, formerly : CIVIL ACTION - LAW
CHRISTINE RATHBUN, : IN DIVORCE
Defendant/Petitioner
PRAECIPE TO WITHDRAW PETITION FOR ENFORCEMENT
TO THE PROTHONOTARY:
Please mark the Petition for Enforcement filed to this action ithdrawn.
DATE: October 8, 2013
Barbara Sumple-Sullivan, Esquire
Attorney for Petitioner
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. No. 32317
1
WILLIAM T. RATHBUN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : Docket No. 2007-3412
CHRISTINE DIXON, formerly : CIVIL ACTION - LAW
CHRISTINE RATHBUN, : IN DIVORCE
Defendant/Petitioner
CERTIFICATE OF SERVICE
I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I
served a true and correct copy of the Praecipe To Withdraw Petition For Enforcement,in the above-
captioned matter upon the following individual, by United States first-class mail,postage prepaid,
addressed as follows:
Spero T. Lappas, Esquire
Serratelli Schiffman & Brown, P.C.
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110
DATE: October 8, 2013 A.R./
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New■ Cumberland, PA 17070-1931
((717) 774-1445
Supreme Court I.D. 32317
Attorney for Petitioner