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Home My WebLink About08-4905 P. Richard Wagner, Esquire Attorney ID No. 23103 Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 2347080 Attorney for Plaintiff ROBERT J. RAPAK Plaintiff, V. SHARON L. RAPAK Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: : CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the Court. A judgement may also be entered against you for another 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, Cumberland County Courthouse, Carlisle, Pennsylvania. 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. COURT ADMINISTRATOR Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 -46 P. Richard Wagner, Esquire Attorney ID No. 23103 Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney for Plaintiff ROBERT J. RAPAK : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: Of - Y 10S e v?( 72` SHARON L. RAPAK : CIVIL ACTION - LAW Defendant. IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Robert J. Rapak, by and through his attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Complaint in Divorce: 1. The Plaintiff, Robert J. Rapak, is an adult individual currently residing at 4815 East Trindle Road, Unit #4, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant, Sharon L. Rapak, is an adult individual currently residing at 611 Beinhower Road, Etters, York County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of this Complaint. 4. Plaintiff and Defendant are husband and wife having been married on September 26, 1981 in Cumberland County, Pennsylvania. 4. 5. The children of the marriage are now of majority age. 6. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 7. Neither Plaintiff nor Defendant are members of the Armed Forces of the United States or any of its Allies. 8. Plaintiff believes and therefore avers he is entitled to a divorce based upon the following grounds: (a) that the marriage is irretrievably broken pursuant to Section 3301(c) of the Divorce Code; (b) as of August 7, 2010, the parties will have lived separate and apart for a period of at least two (2) continuous years pursuant to Provisions 3301(d) of the Divorce Code. WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce. Respectfully submitted, P ichard Wex ner, Esquire Afterrfe-y- I.D.#23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Plaintiff Dated: 0-` u- 1 1 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. Date: / 5 d'y li?? t 1 V X ?n LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 233-8743 Attorney for, Defendant Sharon L. Rapak ROBERT J. RAPAK : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 08-4905 SHARON L. RAPAK CIVIL ACTION -LAW Defendant ANSWER TO COMPLAINT IN DIVORCE WITH CLAIM OF RIGHTS AND NOW this day of September, 2008 comes Sharon L. Rapak by her attorney Diane M. Dils, Esquire and respectfully answers as follows: 1. Paragraph 1 is admitted. 2. Paragraph 2 is admitted. 3. Paragraph 3 is admitted. 4. Paragraph 4 is admitted. 5. Paragraph 5 is admitted. 6. Paragraph 6 is admitted. 7. Paragraph 7 is admitted. 1 8. Paragraph 8 is admitted in part and denied in part. Paragraph 8 (a) is denied in that it is denied that the marriage is irretrievably broken. Paragraph 8 (b) is admitted in that it is admitted the Plaintiff separated himself from the Defendant on August 7, 2008. WHEREFORE, Defendant respectfully prays Your Honorable Court to deny the entry of a Decree in Divorce. CLAIM FOR EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 7 of the Plaintiff's Complaint in Divorce are incorporated herein and made a part hereof by reference. 10. Defendant hereby avers that Plaintiff and Defendant are the joint owners of real estate which is subject to equitable distribution by Your Honorable Court. 11. Defendant hereby avers that Plaintiff and Defendant are the joint owners of numerous assets including accumulation of pensions/retirements, bank accounts, investment accounts, personal property and household furnishings which are subject to equitable distribution by Your Honorable Court. WHEREFORE, Defendant respectfully prays Your Honorable Court to equitably distribute all marital property between the parties. 2 CLAIM FOR ALIMONY PENDENTE LITE ALIMONY, COUNSEL FEES, COSTS AND EXPENSES 12. Paragraphs 1 through 7 of the Plaintiff's Complaint in Divorce are incorporated herein and made a part hereof by reference. 13. Defendant hereby avers that she does not have sufficient funds in which to support herself during the pendency of the divorce action. 14. Defendant hereby avers the Plaintiff does have sufficient funds in which to support the Defendant during the pendency of this divorce action. 15. Defendant hereby avers that she does not have sufficient funds to support herself upon the conclusion of the divorce. 16. Defendant hereby avers that Plaintiff does have sufficient funds in which to support the Defendant after the conclusion of the divorce. 17. Defendant hereby avers that she does not have sufficient funds to pay counsel fees, costs and expenses incidental with this divorce action. 18. Defendant hereby avers that Plaintiff does have sufficient funds to pay Defendant's counsel fees, costs and expenses incidental to this divorce action. 3 WHEREFORE, Defendant, Sharon L. Rapak, respectfully prays Your Honorable Court to Order the Plaintiff to pay alimony, alimony pendente lite, counsel fees costs and expenses. Respectfully submitted, B ,?. _.. Diane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 4 VERIFICATION I verify that the statements made in this Answer to Complaint in Divorce with Claim of Rights are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. SHARON L. RAPAK Date: CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Answer to Complaint in Divorce with Claim of Rights has been served upon the following individual, by first class, United States mail, postage prepaid, by placing a copy of the same at the post office in Harrisburg, Pennsylvania, on this day of , 2008, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Respectfully submitted, Diane M.'Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 233-8743 I.D. No. 71873 Date: September 10, 2008 7 4 ao ...? .^r W a Fil -.ice 2510 J'.? ROBERT J. RAPAK, Plaintiff, V. SHARON L. RAPAK, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-4905 CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT SUBMITTED BY: Full Name of Plaintiff: Robert J. Rapak Age: 54 Present Address: 4815 East Trindle Road, Apt. #4 Telephone No. (717)635-9148 Mechanicsburg, PA 17050 Status of Plaintiff's Health (Be Specific) Good - prior heart attack (September 2000) Name and Address of Plaintiff's Employer: Length of Service With This Employer: Commonwealth of PA Capitol Police 70E Capitol East Wing Harrisburg, PA 17125 5+ years 1 1 1311-Weekly Monthl Y arl Gross Earned Income See attached Gross Unearned Income Total Gross Income Deductions: Federal State Inc. Tax F.I.C.A. Hosp/Med. Ins. ?- Week! Mont l Yeadl Dividends Rent Royalties Expense Account Gifts Unemployment Compensation: - F- CExpenses: Home: Mortgage 1,300.00 Maintenance Utilities: Electric 100.00 Newspaper 41.25 Cell Phone/Blackberry 109.00 Comcast 230.00 Water 32.00 Sewer Employment: Parking 52.00 Lunch 200.00 Taxes: Real Estate (Valley Road Property) 62.00 Weekly Monthly Year) Income Insurance Renters 10.00 Automobile 234.00 Life 180.00 Accident Health Other Automobile: Refinance 425.00 Fuel 100.00 Repairs 90.00 Medical: Doctor 30.00 Prescriptions 20.00 Orthodontist Hospital Special Needs (Glasses) 900.00 Education: Private School Parochial School College Religious Personal: Clothing 100.00 Food 250.00 Weekly - f Monthly F- Ye F Assorted Credit 555.00 Visa Cards 615.00 Master Cards 85.00 M 420.00 Loans (Signature 2008) 100.00 Motorcycle Loan 224.00 Budget Im asse Loan 20.00 Miscellaneous AAA Membership 200.00 EZ Pass 50.00 AAA Membership 20.00 !,401.66 MY Monthly Yearly Other VERIFICATION Plaintiff verifies that the statements made in this foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. 6?- 4 Robert J. Rapak Income *Commonwealth of Pennsylvania Deductions: Federal Withholding: $251.11 Social Security: $154.80 Medicare: $36.20 PA Withholding: $76.65 Unemployment: $2.00 Local/Township: $39.95 Service Tax/Harrisburg: $2.00 S.E.C.A.: $4.00 Coverage: $156.05 Gross: $2,496.75 (bi-weekly) Net: $1,773.99 (bi-weekly) *M & T Financial (Harrisburg Police Pension) Gross: $3,807.26 (monthly) Deductions: Federal Tax: $659.57 Net: $3,147.69 (monthly) *Harrisburg Area Community College (occasional employment) Gross: $160.80 (monthly) Deductions: Cumberland Valley School District: Medicare/Disability: PA Unemployment: PA State Tax: $19.84 est. Net: $140.16 (monthly est.) e 2 PQ 10 P. Richard Wagner, Esquire I.D. # 23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 ROBERT J. RAPAK V. IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA SHARON L. RAPAK, Defendant. CIVIL ACTION - LAW NO: 08-4905 IN DIVORCE INVENTORY OF Robert J. Rapak, Plaintiff, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. agner, Esquire ID #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Plaintiff Date: `% D ASSETS AND LIABILITIES OF PARTIES Robert J. Rapak, Plaintiff, marks on the list below those items applicable to the case at bar and itemizes the assets and debts on the following pages: (X) 1. Real property and Real Estate Mortgages (X) 2. Motor vehicles and Vehicle Liens () 3. Stocks, bonds, securities and options () 4. Certificates of Deposit (X) 5. Checking accounts, cash () 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts () 9. Life Insurance policies O 10. Annuities () 11. Gifts O 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Business O 16. Employment termination benefits-severance pay, worker's compensation () 17. Profit sharing plans (X) 18. Pension Plans (indicate employee contribution and date plan vests) () 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments O 21. Litigation claims (matured and unmatured) () 22. MilitaryN.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (X) 26. Other assets (X) 27. Loans, Credit Cards and other Debts SECTION 1 MARITAL ASSETS AND DEBTS THE FOLLOWING IS A LISTING OF THE MARITAL ASSETS AND DEBTS OF THE PARTIES: INVENTORY #1 REAL ESTATE AND REAL ESTATE MORTGAGES DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE 611 Beinhower Road, Ettem, PA 17319 Value 340,000.00 1' Mortgage 2nd Mortgage Net Equity Comments: AdjacentfUndeveloped Lot (4 acres) Value 100,000.00 1$t Mortgage 2nd Mortgage Net Equity Comments: Co-owned with other parties. 33% interest. INVENTORY #2 MOTOR VEHICLE AND VEHICLE LIENS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE 2008 Harley Davidson 1200 Sportster Husband/Wife 7,200.00 Vehicle Loan 6,900.00 Net Value Comments: 2005 Pontiac Grand Prix Husband/Wife 7,500.00 Vehicle Loan 14,872.00 Net Value Comments: Refinanced loan 2000 Chevrolet Impala Husband/Wife 4,000.00 Vehicle Loan Net Value Comments: traded in by Wife 1986 GMC Utility Van Husband/Wife 900.00 Vehicle Loan Net Value Comments: 1997 Pontiac Grand Am Kelli's 3,200.00 Vehicle Loan Net Value Comments: 1991 S-10 Pickup Husband/Wife 2,000.00 Vehicle Loan Net Value Comments: INVENTORY #3 & #4 STOCKS, SECURITIES, INVESTMENTS & CERTIFICATES OF DEPOSIT DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NONE Comments: INVENTORY #5 & #6 CASH, CHECKING ACCOUNTS AND SAVINGS ACCOUNTS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE Joint Checking Account 2,311.44 Comments: Emptied by Wife on 8-11. INVENTORY #7 CONTENTS OF SAFETY DEPOSIT BOXES DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NONE Comments: INVENTORY #8 TRUSTS DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY LIABILITY TO HUSBAND TO WIFE NONE I - I I T- Comments: INVENTORY #9 LIFE INSURANCE POLICIES DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NONE Comments: INVENTORY #10 ANNUITIES DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NONE Comments: INVENTORY #11 GIFTS (INCREASE IN VALUE ONLYI DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NONE - T T- T Comments: INVENTORY #12 INHERITANCE INCREASE IN VALUE ONLY DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NONE Comments: INVENTORY #13 PATENTS, COPYRIGHTS, INVENTIONS & ROYALTIES DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NONE T - - T Comments: INVENTORY #14 PERSONAL PROPERTY OUTSIDE NnMF DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE Tri County Memorial Gardens -- T T -5,000.00 Comments: cemetery plots INVENTORY #15 BUSINESSES DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NONE -- _ 7 Comments: INVENTORY #16 EMPLOYMENT TERMINATInN RFNFFITC DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NONE Comments: INVENTORY #17 PROFIT SHARING PLANS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE ITEM -T - Comments: INVENTORY #18 & #19 PENSION AND RETIREMENT PLANS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE See recent valuations Comments: INVENTORY #20 DISABILITY PAYMENTS DESCRIPTION OF PROPERTY OR LIABILITY DLTEOF VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NONE F Comments: INVENTORY #21 LITIGATION CLAIMS DOC IOPTM OF DATE 01F vAeua CAF NO VALUE } tpp( p PROPERTY OR VALUE ` ASSET OR DIST1 t DIST!"INUT ION LUUMAY LIAMLITY TO HU$BANO TO WFE NONE -- T- r INVENTORY #22 MILITARYNA BENEFITS DESCRIPTION OF PROPERTY OR L1ABK ITY RATE OF VALUE VALUE OF ASSET OR LIABILITY MET VALUE PROPOSER DISTRI$UTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NONE L Comments: INVENTORY #23 EDUCATION BENEFITS DESCRIPTION OF PROPERTY OR LIABAM DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE NONE Comments: INVENTORY #24 DEBTS DUE PARTIES INCLUDING LOANS AND MORTGAGES HELD DESCMPTION OF PROPERTY OR LIABIUTY IDATE OF yam VALUE OF ASSET OR LIA94.1TY NET VALUE PROPOSED E118TItllll iTiON TO HU saw DWPROPOSED TRIBU71ON TO WIFE 611 Beinhower Road mortgage T 6-2010 I T $253,441.00 Comments: Value as of 6-2008 - $260,000.00 INVENTORY #25 HOUSEHOLD GOODS, FURNISHINGS, TOOLS, PERSONAL EFFECTS. ETC. DEBCWPTiOW OF PROPERTY OR LIAMLITY DATE OF VALUE VALUE OF ASSET Oft LIABILITY NET VALUE . PROPS INS IMBUTM TO HUMID PROPOSw tftTRIBUy MI To WNW See attached list INVENTORY #26 OTHER ASSETS DESCRIPTION OF PROPEIM OR #.»18H W DATE OF VALUE VALUE OF ASSET OR LImfl, w NET VALUE PROPOSED DISTMOUTM To" AND PROPOSED DISTRjqUnON TO WIFE Large Storage Sheds on Property F 4,000.00 Comments: INVENTORY #27 LOANS_ CREDIT CARDS ANn nTNFQ nFRTc DESCRIPTION OF PROPERTY OR UASU. W DATE OF VALUE VALUE OF ASST CIR LIAEtC11Y NET VALUE PROPOSED DISTIUIMM TO M BAND PROPOSED DISTRIBUTION TO WEE See attached list Comments: MARITAL ASSETS AND DEBTS b6SCWPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTION D STROUT" ?.ustLmr _ To Husw" ro wWE sets and Liabilities Total : Totals Above from Percentage of Total Totals from Above Amount Due in 50/50 Division Adjustment Figure for 50150 WM Total from above Amount Due in 45/55 Division Adjustment Figure for 45/55 Totals from above Amount Due in 40/60 Division Adjustment Figure for 40/60 NOTES: The adjustment figures are for illustration purposes only and are not to be deemed a representation on the part of the Plaintiff/Defendant as to whether an adjustment should be made or the amount of the adjustment, if appropriate. SECTION II. LISTING OF HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY THE FOLLOWING IS A LISTING OF THE HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY OF THE PARTIES: (Note: Exclusion from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person). HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY DESCRIPTION OWNER POSSESSOR VALUE BASIS FOR EXCLUSION IF CLAIMED TO BE NON-MARITAL METHOD OF VALUATION AND SUPPORTING DOCUMENTATIO N See attached list COMMENTS: ITEM COMMENTS: ITEM COMMENTS: ITEM COMMENTS: ITEM COMMENTS: SECTION IV. PROPERTY TRANSFERRED The following is a listing of all property which was transferred within 3 years of the date of the commencement of this action or was transferred since the date of separation: DESCRIPTION TRANSFER CONSIDERATION TRANSFEREE COMMENTS OF PROPERTY DATE ITEM COMMENTS: ITEM COMMENTS: ITEM COMMENTS: ITEM COMMENTS: VERIFICATION Defendant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Robert J. Rapak Credit Accounts VISA Justice Federal Credit Union $95.00/mo. Chase Platinum $80.00/mo. AARP $400.00/mo. First National Bank $40.00/mo. Total: $615.00/month MASTERCARD Shell $60.00/mo. Best Buy $25.00/mo. Total: $85.00/month ASSORTED CREDIT Value City Furniture $90.00/mo. Discover $150.00/mo. America Express $55.00/mo. N.B. Liebman $100.00/mo. Boscov's $80.00/mo. Target $40.00/mo Stephenson's 40.00/mo. Total: $555.00/month Robert J. Rapak Personal Property (as of 8-8-08) Item (4) bedroom suites (contemporary) (1) bedroom suite (antique) (1) formal dining room set (1) formal living set (sofa, chairs and table) (1) antique secretary (1) piano (1) oak kitchen set (1) family set (sofa, chair and tables) (1) small living room set (sofa, chair and tables) (1) small dinette set (table and chairs) (1) sleeper sofa (1) small kitchenette set (1) self-defrost refrigerator (1) non-self defrost refrigerator (2) small refrigerators (1) gas range (1) kitchen buffet (custom made) (4) CRT television sets (1) flat screen television (2) stereos (2) DVD players (2) VHS players (1) upright freezer (1) antique silverware set (1) corner curio cabinet (1) crystalware (1) china and serving ware (2) area rugs (2) Kirby vacuum cleaners (1) office desk and file cabinet (1) kitchenware (pots, pans, utensils, etc.) (1) kitchen dishes, bowls, flatware, etc. (7) ceiling fans (2) small entertainment centers (2) 18-20 HP lawn tractors (1) leaf blower (1) lawn trimmer Estimated Value $4,500.00 $10,000.00 $8,000.00 $6,000.00 $1,000.00 $1,000.00 $2,000.00 $2,400.00 $1,500.00 $400.00 $800.00 $500.00 $800.00 $300.00 $150.00 $400.00 $900.00 $750.00 $750.00 $400.00 $200.00 $100.00 $300.00 $2,000.00 $700.00 $1,000.00 $700.00 $400.00 $4,000.00 $250.00 $500.00 $500.00 $1,000.00 $150.00 $1,500.00 $150.00 $100.00 assorted garden tools $400.00 seasonal decorations $500.00 (1) washer/dryer set $900.00 (1) toaster oven $100.00 assorted electric kitchen appliances $400.00 (1) multi-purpose kitchen mixer $250.00 (1) small self-defrost refrigerator $600.00 (1) portable microwave $100.00 (1) microwave/range hood $350.00 (1) dishwasher $400.00 (1) Craftsman table saw $250.00 assorted power tools $350.00 assorted hand tools $400.00 (1) tool chest $250.00 (4) assorted ladders $200.00 (1) patio furniture $700.00 (1) gas grill $300.00 (4) propane tanks $150.00 (1) lawn mower $30.00 (1) above-ground pool $3,500.00 (1) chain saw $150.00 window treatments $1,200.00 (2) CD players $200.00 (1) 1200 watt generator $1,800.00 (1) kerosene (Torpedo) heater $200.00 (1) propane `area' heater $400.00 assorted lawn chairs $350.00 (1) computer (tower, printer and monitor) $1,000.00 Robert J. Rapak Property Acquired Since Separation (1) bedroom set (w/mattress and box spring) $3,000.00 (1) small bedroom dresser $150.00 (1) standard mattress and box spring $400.00 (1) head board and bed rails $700.00 (1) night stand $75.00 (1) kitchenette set $500.00 (1) sofa and love seat $1,100.00 (2) end tables $400.00 (1) coffee table $300.00 (1) entertainment center $350.00 (1) toaster oven $90.00 dishes, utensils and cookware $400.00 (1) sofa table $250.00 (1) vacuum cleaner $100.00 (1) patio furniture $300.00 (1) gas grill $170.00 (3) ceiling fans $400.00 window treatments $300.000 A P. Richard Wagner, Esquire PA Supreme Court I.D. #23103 Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax(717)234-7080 Attorney For Plaintiff ROBERT J. RAPAK, V. Plaintiff, : CIVIL ACTION - LAW SHARON L. RAPAK, : IN DIVORCE Defendant. MOTION FOR APPOINTMENT OF MASTER ROBERT J. RAPAK, Plaintiff, moves the Court to appoint a Master with respect to the following claims: () Divorce () Annulment Alimony Alimony PendenteLite it L_LJ+U4 F-IcC PROTHONOTAR? u11'P 21 x,111 ? 19 C',JIBERLAND COUNTY pEHmSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO: 08-4905 - CIVIL TERM Distribution of Property Support Counsel Fees Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a Master is required. (2) The Defendant has appeared in the action by her attorney, Diane M. Dils, ESQUIRE. (3) The statutory ground(s) for divorce ( (are): 3301(c) and 3301(d) (4) Delete the inapplicable paragraph(s):, (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: (5) The action (involves) (does not involve) complex issues of law or fact. (6) The hearing is expected to take 1/2 (days). (7) Additional information, if any, relevant to the otion: None. Date: agner, Esquire Attorney for Plaintiff ORDER APPOINTING MASTER AND NOW, , 2011, , Esquire, is appointed master with respect to the following claims: BY THE COURT: J. P. Richard 'Wagner, Esquire Supreme- Court I.D. #23103 Mancke, W Wner & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone 717) 234-7051 Fax (717) 234-7080 Attorney For Plaintiff . -C¢ -in '0 TAR u1 I A7 21 ?911 i 9 ?, c3IBERLAND COUNTY PEN?ISYLVA,41A v A1` J. RAPAK, Plaintiff, L. RAPAK, Defendant. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIk- NO: 084905 - CIVIL TERM CIVIL ACTION - LAW °' T : IN DIVORCE ° C, Fr". A d r,. > MOTION FOR APPOINTMENT OF MASTER J. RAPAK, Plaintiff, moves the Court to appoint a Master with respect to the in claims: ( Divorce Annulment Alimony Alimony PendenteLite Distribution of Property ( ?, Support 7 Counsel Fees Costs and Expenses and ins port of the motion states: () Discovery is complete as to the claim(s) for which the appointment of a Master is required. () The Defendant has appeared in the action by her attorney, Diane M. Dils, ESQUIRE. () The statutory ground(s) for divorce ( (are): 3301(c) and 3301(d) () Delete the inapplicable paragraph(s):' (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: () The action (involves) (does not involve) complex issues of law or fact. () The hearing is expected to take 1 /2 (days). () Additional information, if any, relevant to the otion: None. _ Date: 911A111 agner, Esquire Attorney for Plaintiff ORDER APPOINTING MASTER NOW, ao '2011, ?D TD • ??? G'? -J7 Esquire, is master with respect to the following claims: -,ad_ Prc aid , Isioix. M • 1Ji , ehl- BY THE COURT: J. 00P11-11 ?la?nt8 Arthur K. Dils, Esquire DILS AND DILS 1400 North Second Street Diane M. Dils, Esquire Harrisburg, PA 17102 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT J. RAPAK Plaintiff ca vs. No. 08-4905 Civil r <- W r- <> L. RAPAK !-_. ° Defendant Xa 5 C: ; C INCOME AND EXPENSE STATEMENT c? UNDER Pa.R.C.P. 1920.31(a)(1) ? This Form Must Be Completed (If you are self-employed or if you are salaried by a business of which you are the owner in whole or in part, you must also fill out the Supplemental Income Statement which appears on the last page of this Income and Expense Statement.) INCOME AND EXPENSE STATEMENT OF SHARON L. RAPAK I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are a subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authos Date: Diane M. Dils Attorney for Defendant INCOME: Employer: Count of Dauphin Address: P.O.Box 1295 City, State, ZIP Harrisburg, PA. 17108 Type of Work: Office Manager Payroll Number: Gross Pay per Pay Period: 2,424.40 bi-weekly Page 1 of 5 Arthur K. Dils, Esquire DILS AND DILS 1400 North Second Street Diane M. Dils, Esquire Harrisburg, PA 17102 ITEMIZED PAYROLL DEDUCTIONS: (Bi-Weekly) NAME AMOUNT Federal Withholding $ _ Social Security $ _ Local Wage Tax $ _ Occupational Tax $ _ State Income Tax $ _ Misc. Tax $ _ Retirement $ _ Savings Bonds $ _ Union $ _ Life Insurance $ _ Health Insurance $ Medicare $ _ Unemployment Tax $ _ Disability Insurance $ _ Other: $ _ Misc. $ _ Misc. $ _ Misc. $ _ Total Itemized Payroll DeductionE See attached paystub $ 578.00 Gross Pay Per Pay Period $ _ Net Income Per Pay: $ 1,664.40 OTHER INCOME: (Fill In Appropriate Column) WEEK MONTH YEAR Alimony $ _ $ $ Interest $ _ $ _ $ Dividends $ _ $ _ $ - Pension $ _ $ $ Annuity $ _ $ $ _ Social Security $ _ 1 $ _ Rents $ _ $ _ Royalties $ _ $ _ $ - Expense Account $ _ $ _ $ Gifts $ _ $ _ $ _ Unemployment Compensation $ - $ _ $ _ Workmen's Compensation $ _ $ _ $ _ Misc. APL $525.00 + $100.00 $625.00 Misc. Misc. TOTAL GROSS INCOME: $ - $ _ TOTAL TAXES: $ _ $ _ $ _ TOTAL NET INCOME: $ - $3,953.80 $ _ Page 2 of 5 Arthur K. Dils, Esquire DILS AND DILS 1400 North Second Street Diane M. Dils, Esquire Harrisburg, PA 17102 EXPENSES (Fill In Appropriate Column) WEEK MONTH YEAR HOME Mortgage/Rent $ Maintenance $ Utilities $ Electric $ - $190.00 $ _ Gas (Propane) $ _ $ $ _ Oil (Average) $ - $130.00 $ _ Telephone $ - $243.00 $ - Water $ _ $ " Sewer $ _ $ Trash $ - $17.00 $ Cell Phone $ _ _ Misc. $ _ $ $ _ EMPLOYMENT (Fill In Appropriate Column) WEEK MONTH YEAR Public Transportation $ _ $ Lunch $ _ $40.00 $ $ _ Misc. $ _ $ - $ Misc. $ _ $ - $ _ Misc. $ _ $ - $ " TAXES (Fill In Appropriate Column) WEEK MONTH YEAR Real Estate $ - $ $ 409 Personal Property $ _ $ .95 Income (Federal, State & Local) $ - _ $ $ $ Per Capita $ _ $ Other $ _ $ 9.80 Other $ _ $ $ - Other $ _ $ " $ INSURANCE (Fill In Appropriate Column) WEEK MONTH YEAR Homeowners $ - $ Automobile $ - $ 409.95 Life $ _ $96.00 v $ 514.00 Accident - $ - Health $ _ Other $ $ Page 3 of 5 Arthur K. Dils, Esquire DILS AND DILS 1400 North Second Street Diane M. Dils, Esquire Harrisburg, PA 17102 AUTOMOBILE (Fill In Appropriate Column) WEEK MONTH YEAR Payments $ _ $.: $ Fuel $ - $160.00 $ _ Repairs (Average) $ - $60.00 $ _ Other car washes $ - $20.00 $ _ Other $ _ $ _ $ Other $ - $ _ MEDICAL (Fill In Appropriate Column) WEEK MONTH YEAR Doctor $ $ Dentist $ _ $ _ $ Orthodontist $ _ $ _ $ Hospital $ _ $ _ $ Medicine $ _ $ _ $ Special Needs (Glasses, Braces, $ - $ _ $ Orthopecic Needs) $ _ $ _ $ Other $ _ $ $ Other $ _ $ $ - Other $ EDUCATION (Fill In Appropriate Column) WEEK MONTH YEAR Private School $ _ $ 1 _ $ _ Parochial School $ _ $ _ $ College $ _ $ $ Religious $ _ $ _ $ Charter $ Other $ $ " Other $ _ $ $ " Other $ PERSONAL (Fill In Appropriate Column) WEEK . MONTH YEAR Clothing $ - $100.00 $ Food $ - $400.00 $ _ Barber/Hairdresser $ - $75.00 $ - Other- $ _ Other: $ _ $ $ - - Other: $ $ Other: $ $ - Page 4 of 5 Arthur K. Dils, Esquire DILS AND DILS Diane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 CREDIT PAYMENTS (Fill In Appropriate Column) WEEK MONTH YEAR Credit Card Accounts $ - $400.00 $ Charge Accounts $ - $50.00 $ - Memberships $ _ $ Other: $ _ $ $ $ " " Other: $ _ $ $ Other: $ _ $ _ $ - LOANS (Fill In Appropriate Column) WEEK MONTH YEAR Credit Union $ _ $ Home Equity Loan $ _ - $ $ Personal $ _ $ $ _ Other $ _ $ $ ' Other $ _ $ $ ' Other $ _ _ MISCELLANEOUS (Fill In Appropriate Column) WEEK MONTH YEAR Household Help $ _ $ Child Care $ _ $ $ " Papers/Books/Magazines (Average) $ - $20 00 $ Entertainment $ _ . $ " Pay TV $ - $ 80.00 $ $ " Vacation $ _ gifts $ - $50.00 $ $ Legal Fees $ - $150.00 $ Charitable Contributions $ _ Other Child Support $ _ $ $ - Alimony Payments $ _ - $ $ - Savings $ _ $ $ ' Other: Lawn maintenance fuel $ - $ Other Christmas Club $ - $80.00 $200.00 $ $ Other $ $ ' Other $ _ TOTAL EXPENSES: $ $ 4,661.00 _ Page 5 of 5 ?u? ?: ?,??? ?'= ?. ?;9A."? Y MDR ':J.OS,EPh' SOLOMON :.12-01-03 . No; 8195 P, 5 x s W c • MO zQ °a oaur y ?+ 8 0 Swo a> ?'' $ °i `?,V1O tb ? e??° ?Wa ?NOA.as?, 1 0 W 0 too ij? rr? o?q R u g V ; No, 8195 P V' V'••' ': ocvio , , N NOS l0 n O'a N 0 ?,. NNN , , C ? - : 'O.'?j• fp? J Q O. l\F r Z - • W i u M_ - a Q V) L: 7-E :'3 CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Income and Expense has been served upon the following individuals, by first class, United States mail, postage prepaid, by placing a copy of the same at the post office in Harrisburg, Pennsylvania, on this 14th day of June, 2011, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, Pa. 17110 E. Robert Elicker, II, Esquire, Divorce Master 9 North Hanover Street Carlisle, PA 17013 Respectfully submitted, B /Diane M .?-Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 233-8743 I.D. No. 71873 Date: June 14, 2011 ROBERT J. RAPAK, V. SHARON L. RAPAK, IN THE COURT OF COMMON PLEAS c 3 N ~? --{ CUMBERLAND COUNTY, PENNSYLV MA ? Plaintiff, 2 W ' -.0m NO: 2008-4905 - CIVIL TERM , > CIVIL ACTION - LAW >Q ; C-- w c? IN DIVORCE > Defendant. CERTIFICATE OF SERVICE 1, Debra K. Spinner, Secretary in the law firm of Mancke, Wagner & Spreha, do hereby certify that on this date a copy of the Complaint in Divorce was served upon the following person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States mail, Harrisburg, Pennsylvania, certified, restricted delivery, return receipt requested, and addressed as follows: Ms. Sharon L. Rapak 61 Beinhower Road Etters, PA 17319 By Debra K. Spinner, ecretary Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorney for Plaintiff Date: ,?.? X00 hi CERTIFIED MAIL,,- RECEIPT (Domestic Mail Only; NtSinsurance Coverage Providec ru m M Postage $ , r9 C3 Certified Fee d C3 C3 Return Receipt Fee Postmark Here (Endorsement Required) C3 Restricted Delivery Fee -11 (Endorsement Required) r-3 Total Postage 8 Foes '? 9 y9 $ Lrl C3 sent To City State,Z/P+4._...-`?L--- PS Form 3800, June 2002 See Reverse for Instructions ¦ 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 card to you. ¦ Attach this card to the back of the mailpiece, for on the front if space permits. 1. tAicle Addressed to: A. X ? Agent D. Is delivery address different from item 1 r ? Y. If YES, enter delivery address below: ? No 3. Service Type .Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 7005 1160 0201 3320 9152 mmnsfer from service /abed PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ROBERT J. RAPAK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIAa vs. No. 08-4905 rn ;zm ?• x ' 3 ern SHARON L. RAPAK, r CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT ca 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on Augus t 15, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in 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 made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in 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. 1 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: `- Sharon L. Rapa, Defendant ROBERT J. RAPAK, v. Plaintiff, SHARON L. RAPAK, Defendant. rn ao A rn O Ct CD t= r IN THE COURT OF COMMON PLEASi CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4905- CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 15, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date:' G 12- _0X" N .. ..r.j (JJ CC) Z M w ' ZD t._. w fi ROBERT J. RAPAK, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : NO. 2008-4905 -CIVIL TERM CIVIL ACTION -LAW SHARON L. RAPAK, IN DIVORCE Defendant. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33010 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 herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. t J. Rap ?'?? DATE: ROBERT J. RAPAK, Plaintiff VS. SHARON L. RAPAK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 4905 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this /6 day of 2012, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated February 16, 2012, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Kevi Hess, P. J. cc: .l P. Richard Wagner d s1 Attorney for Plaintiff - 11" Diane M. Dils rneo =C =rn n- , Attorney for Defendant s, a 69p e6 c-, F PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is made this day of -f 12, by and between: SHARON L. RAPAK, hereinafter referred to as Wife; --AND-- ROBERT J. RAPAK, hereinafter referred to as Husband; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 26, 1981 in Cumberland County, Pennsylvania; and WHEREAS, there are two adult children born of the marriage. WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they have separated and now live separate and apart from one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the 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. SEPARATION It shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest Initialve 2 Initials SLR the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. Should a Decree, Judgment, or Order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such Decree, Judgment, Order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto, that this Agreement shall survive and shall not be merged into any Decree, Judgment, or Order of divorce or separation. It is specifically agreed however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any Order of divorce, Judgment, or Decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment and be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of Initials 3 Initials SLR 4d- t execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3. MUTUAL RELEASES Husband and Wife do hereby mutually remise, release, quit-claim or forever discharge the other and estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, or whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all other rights or a surviving spouse to participate in a deceased spouse's estate, whether arising under the United States, or any other country; or any rights which either party may now have or at any time hereafter have for the past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Initials SLR 4 Initials Azl? It is the intention of Husband and Wife 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, real, personal, or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 4. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of the Divorce Decree, unless otherwise specified herein. 5. MUTUAL CONSENT/ADVICE OF COUNSEL Husband and Wife acknowledge and understand the terms and conditions of this Agreement, and Wife is represented by Diane M. Dils, Esquire and Husband is represented by P. Richard Wagner, Esquire. Each party acknowledges that he or she has received or has been given an opportunity to receive independent advice from counsel of his or her selection and was fully informed as to his or her legal rights and obligations. Husband and Wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement. Husband and Wife acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, and that the Initials 5 Initials -IL SL RJR execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. 6. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owed by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the parties shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs, or expenses . incurred by the other party in seeking equitable distribution of said asset. 7. DEBTS AND OBLIGATIONS Husband represents and warrants to Wife that since August 8, 2008, he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save life Initials -? 6 Initials SLR . harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since August 8, 2008, she has not, and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 8. REAL ESTATE The parties hereto acknowledge that they are the joint owners of real estate located at 611 Beinhower Road, Etters, York County, Pennsylvania as tenants by the entireties. Husband hereby agrees to waive all of his right, title and interest in said property to Wife and shall execute a deed placing said property into the name of Wife alone, at such time that Wife has refinanced the mortgage and home equity loan or second mortgage into her name alone. Wife hereby agrees that she shall obtain said refinancing within six (6) months of the date of the execution of this agreement. Husband and Wife hereby agree that they are the joint owners along with four other persons to a vacant lot located in the rear of the real estate at 611 Beinhower Road, Etters, Pennsylvania. Wife and Husband hereby agree that upon settle,-Dent Initials E 7 Initials R sL 16 of said parcel of land, that Wife shall receive the sum of $2,500.00 from the parties' net proceeds and Husband shall receive the balance. 9. PERSONAL PROPERTY Except as set forth hereto, Husband and Wife have agreed that their personal property has been divided to the parties' mutual satisfaction and neither parry will make any claims to the property possessed by the other, except as set forth hereto : (a) Husband shall retain his Harley Davidson motorcycle and shall be solely responsible for any and all debt in connection with the same. Husband hereby indemnifies and holds Wife harmless from any debt in connection with said Harley Davidson motorcycle. (b) The parties acknowledge that they have applied for and received a Parent Plus educational loan for their daughter, Kelli Rapak, to attend the University of Pittsburgh. The parties hereto acknowledge that they shall continue to share the monthly payment of said loan, sixty (60%) percent payable by Husband and forty (40%) payable by Wife, until such time as the loan is paid in full. (c) See Addendum"A"attached hereto. 10. PENSION/RETIREMENT/EMPLOYMENT RELATED BENEFITS Husband and Wife hereby acknowledge the following pensions and retirements have accumulated during their marriage: Initials 8 Initials *R SLR a. Husband accumulated a pension through the City of Harrisburg and is currently in pay status, receiving monthly annuity payments. b. Wife has accumulated a pension through the County of Dauphin. c. Husband has accumulated a pension as a result of his employment with the Capitol Police Department. Husband and Wife hereby waive all of their right, title and interest in the other spouses pension, retirement, 401 (k), IRA, deferred compensation and any and all other benefits which they accumulated during their marriage and which are subject to equitable distribution. The parties hereto acknowledge that they will execute any and all documents necessary to waive said interests. 11. ALIMONY Husband hereby agrees to pay to Wife the sum of $525.00 per month as alimony until March 31, 2012. Said alimony shall be non-modifiable both in duration and amount. The parties acknowledge that said amount is currently being paid as APL through the Cumberland County Domestic Relations Office, Pacses No. 039110234, and that said alimony shall continue to be paid through said docket. A copy of this Property Settlement Agreement shall be provided to the Cumberland County Domestic Relations Office for the purpose of the Order being modified to reflect that said alimony shall cease as of March 31, 2012. The parties Initial 9 Initials _ SLR TR R acknowledge that any arrearage shall be paid and collected through said Order as well. 12. WAIVER OF RIGHTS The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as amended February 12, 1998, particularly the provisions for alimony pendente cite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. 13. WAIVER OR MODIFICATION TO BE IN WRITING A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties, and executed with the same formality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 14. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all Initials 10 Initials SLR future instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of the Agreement. 15. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heirs, executors, administrators, successors, and assigns in the interest of the parties. 16. BREACH If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for payment of attorneys fees and all costs incurred by the other in enforcing his or her rights under this Agreement. 17 LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 18. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs/provisions and sub-paragraphs hereof, are inserted solely for convenience of reference and shall Initial a 11 Initials SLR RJR not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 19. DIVORCE The parties hereto acknowledge that their marriage is irretrievably broken. The parties further agree to execute the necessary Affidavits of Consent and Waiver of Counseling, and Waiver of Notice of Intent to Request Entry of Divorce Decree simultaneously with the execution of this Agreement, so that the divorce may become finalized. The parties further agree and acknowledge that this Property Settlement Agreement shall be incorporated into said Decree in Divorce; but shall not merge therewith. 20. IRREVOCABILITY It is understood and agreed to by and between the respective parties thereto that the property division - distribution affected by the herein agreement is IRREVOCABLE and that such division - distribution shall not be affected by any change of circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current, or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current, or future laws or case decisions. Initial?'? 1 l c Initials SLR RJR IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) SHARON L. RAP SEAL RO43ERTJ Initial - 13 Initials RJR ADDENDUM TO PROPERTY SETTLEMENT AGREEMENT AND NOW, this / 6 day of February, 2012, the parties hereto, Sharon L. Rapak and Robert J. Rapak, intending this Addendum to be a part of the Property Settlement Agreement to which it is attached and incorporated therein, do hereby agree as follows: 1. Robert J. Rapak hereby agrees to be solely responsible for the filing of the parties joint 2008 and 2009 Income Tax Returns, and further, Robert J. Rapak hereby agrees to be solely responsible, indemnifies and holds Sharon L. Rapak harmless for any debt or obligation owed to the Internal Revenue Service, Commonwealth of Pennsylvania and any other taxing authority, including but not limited to tax owed, penalties and/or interest. 2. Robert J. Rapak hereby acknowledges that Sharon L. Rapak has received a notice of Proposed Individual Income Tax Assessment from the Internal Revenue Service as a result of "Non-Filer" for the tax years 2008 and 2009 assessing the sums of $4,082.35 for the 2009 tax year and $3,487.49 for the 2008 tax year. Copies of said assessments having been provided to Robert J. Rapak prior to execution of this Addendum. igned the day and year first above written. Witnes / it ess LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 N. Second Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Sharon L. Rapak ROBERT J. RAPAK, Plaintiff VS. SHARON L. RAPAK, Defendant TO THE PROTHONOTARY: ?? ttiR IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4905 IN DIVORCE PRAECIPE Please withdraw the claims of equitable distribution, alimony pendent lite, alimony, counsel fees, costs and expenses filed on behalf of the Defendant, Sharon L. Rapak, in the above-captioned matter. subm4ted, BY: Diane Mrfils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Dated: March 6, 2012 ROBERT J. RAPAK, V. Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2008-4905 - CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ro? rn? SHARON L. RAPAK, Defendant. PRAECIPE TO TRANSMIT THE RECORD TO THE PROTHONOTARY: na N N N C? -I'% r S ^t t._ . TRANSMIT the record, together with the following information, to the Court for entry of a Divorce Decree: \\ , 1. Ground for divorce: irretrievable breakdown under Section 3301(c) , 33,?1(d) of the Divorce Code. (Strike out inapplicable section.) // '' 2. Date and manner of service of the Complaint: August 15, 2008, by certified mail, restricted delivery, return receipt requested, a copy of which is attached hereto. 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. March 1, 2012 By Defendant: February 16, 2012 (b) (1) Date of Execution of the Plaintiff's Affidavit required Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit unto the Defendant: 4. Related claims pending: None 5. (Complete ether (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit the Record, and attach a copy of said Notice under Section 3301(d) (1)(i) of the Divorce Code: A (b) Date Plaintiff's Wavier of Notice was filed with the Prothonotary: 03/05/12 (c) Date Defendant's Waiver of Notice waste with the Prothonotary: 03/05/2012 P. Richard W, Attorney for # ROBERT J. RAPAK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHARON L. RAPAK : NO. 2008-4905 DIVORCE DECREE AND NOW, Mor _0 ok 4*01?K , 1412. , it is ordered and decreed that ROBERT J. RAPAK , plaintiff, and SHARON L. RAPAK , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE t By the Court, 64ve /? tor ?o face ?- col' ? yhc?/?P ? ? ??y . J BLS