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HomeMy WebLinkAbout08-7322RICHARD D. RAPSEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW DANA L. RAPSEY, NO. CIVIL TERM 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 will proceed without you and a decree of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 or (800) 990-9108 RICHARD D. RAPSEY, Plaintiff V. DANA L. RAPSEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. DPP '13 2 .' CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Richard D. Rapsey, an adult individual currently residing at 11 Crossgate Circle, Lemoyne, Cumberland County, Pennsylvania. 2. Defendant is Dana L. Rapsey, an adult individual currently residing at 210 Ewe Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 22, 1984, in Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, Hannah Herman-Snyder, Es ire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 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. Section 4904, relating to unworn falsifications to authorities. DATE: O ..- RICHA . RAPSEY, Plaintiff na rr r ; CD ) --j rl -st C- c V 1 `fit ?.1 -a^+ `t p_1 f ? ? rtl ?lv' RICHARD D. RAPSEY, Plaintiff V. DANA L. RAPSEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-7322 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this <? day of Duj ty4 I- , 2008, comes Hannah Herman-Snyder, Esquire, and states that she mailed a certified and true copy of a Complaint in Divorce to the Defendant, Dana L. Rapsey, at her address of 210 Ewe Road, Mechanicsburg, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on December 22, 2008. Sworn and subscribed to before me this ;W_"\ day of ec ern of , 2008 -% :: v 'ARY UBLIC Hannah Herman-Snyder, E wire Attorney for Plaintiff GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 OWN" U ft MUV L RMi "am Raft I my commm"" im 0, WN ! ?. r ?s a - . n'!?#o, rN „X'S6Si, sy 4G. , ?.,,?. `J C3 C3 Return Receipt Fee (Endorsement Required) Here .? C3 Restricted Delivery Fee 8 6' C3 E3 C3 C3 Sent Ti a [(F.?? .................... or PO Box No. ? 1 t ?i, d K f???Y = Xl1 LG' It t? ? _ -- . City State, ZIP+ °.- ee K . ... r ur _-- / 7©5 ? ¦ Complete items 1, 2,a? 3. Also complete Item 4 if Restricted Deffery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach thtcard to the back of the mailpiece, or on the ftnt If space permits. 1. Article Addressed to: Pain a L. /&Pse y IR 10 Ewe koatd- lYlech ?csburq? /?A J 6'7055 2. Article Number (rrarufer from service laben Ps Form 3811, February 2004 r•1 ra For delivery information visit our website at wwwusps.com? G?T a ? 1J7 Postage $ r1J i-q ? Certified Fee ? '? n (Endorsement Required) 6 ? Total Postage & Fees ,$ A. nature X 0 bent lM U L RMPLt44- ? Addressee B. Received by (Prfnted Name) C. Date of Delivery D. Is delivery add 0 Yes If YES, enter address Iw: No r? 3. Service Type Certified Mail 0 Express Mail 0 Registered ® Retum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Rerfficted r--J-Very? (Extra Feel P1 Yes 7007 0220 0002 2526 6117 7omestic Return Receipt 102595-02-M-1540 ;.t i ?:i t.".. -,. > _ ?^?. «.. SEPARATION AND PROPERTY SETTLEMENT AGREEMENT A?;day h Au`"use THIS AGREEMENT, made this of , 2009, by and between DANA L. RAPSEY, now of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Wife", -AND- RICHARD D. RAPSEY, now of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Husband", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 22, 1984, in New Cumberland, Cumberland County, Pennsylvania; and WHEREAS, three children were born of the marriage - SHANE RAPSEY on January 3, 1986, TYLER RAPSEY on May 23, 1989, and CARLI RAPSEY on July 16, 1990; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another and are desirous, therefore, of entering into an Agreement which is considered to be an equal division of all joint property and which will provide for their mutual responsibilities and rights growing out of the marriage relationship. NOW, THEREFORE, in consideration of the premises and of the 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 party at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Husband has filed a Complaint in Divorce in Cumberland County, Pennsylvania docketed to No. 08-7322 CIVIL TERM claiming that the marriage is irretrievably broken under the no-fault, mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. Husband and Wife hereby express their agreement that the marriage is irretrievably broken and each express their intent, following the ninety (90) day waiting period, to execute any and all affidavits, waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court- ordered counseling under the Divorce Code. Neither party to such action shall seek alimony or support contrary to the provisions of this Agreement. It is further specifically understood and agreed by the parties that the provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes -2- whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, 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 effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, divorce or order of separation 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, order of separation or divorce. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated into any 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 or decree and to be forever binding and conclusive upon the parties. 3. 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 execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. DEBTS AND OBLIGATIONS. Husband represents and warrants to Wife that 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 he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him, except as otherwise set forth herein. -3- Wife represents and warrants to Husband that 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 she 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, except as otherwise set forth herein. 5. MUTUAL RELEASES. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any and all cause or causes of action for divorce and except any or all causes of action for breach of any provisions of this Agreement. Further, each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 6. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other household personal property between them. The -4- parties mutually agree that Wife shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in her possession and that Husband hereby releases and relinquishes any right, title or interest he may have had in the past or now has in the tangible personal property in Wife's possession. The parties further agree that Husband shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his possession and that Wife hereby releases and relinquishes any right, title or interest she may have had in the past or now has in the tangible personal property in Husband's possession. 7. EACH PARTY RETAINS OWN PENSION PLANS. Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401(k) Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the property of the party in which name or through whose employment said plan is carried. 8. HUSBAND'S BUSINESS. Husband is the owner of a business known as Facility Works, Inc. Wife shall receive no payment arising out of said business. Husband shall be the sole owner of said business. Effective upon the execution of this Agreement, Wife waives any right, title, and/or interest she has or may have in Husband's business by virtue of having been married to him. Husband shall likewise be solely responsible for all costs, expenses and liabilities associated with or attributable to the business regardless of when the same shall have been incurred and Husband shall keep Wife and her properties, successors, assigns, heirs, -5- executors and administrators indemnified and held harmless from any liability, cost or expense incurred, including attorney's fees which may be incurred in connection with such liabilities and expenses. 9. DIVISION OF REAL ESTATE. (a) Husband agrees to transfer to Wife as soon as possible all of his right, interest in and title to their jointly-owned real estate a 210 Ewe Road, Mechanicsburg, Cumberland County, Pennsylvania, subject to any and all mortgages given thereon. Wife agrees to be solely responsible for the payment of all future mortgage payments, past and future taxes, insurance and utility bills relative to said real estate. Wife covenants and agrees to pay and discharge the existing mortgage obligation due Citi Financial on said premises in accordance with its terms and agrees to indemnify Husband from any loss by reason of her default in the payment thereon and agrees to save Husband harmless from any future liability with regard thereto. (b) Wife agrees to be solely responsible for the payment of all future mortgage payments, past and future taxes, insurance and utility bills relative to said real estate and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of the foregoing debts or obligations set forth herein. (c) Wife agrees to transfer to Husband as soon as possible all of her right, interest in and title to their two(2) jointly-owned parcels of real estate situate in the Town of Florence, Oneida County, New York, the first conveyed from Thada L. Hass and recorded at 2005-007904, the second conveyed from Christmas & Assoc., Inc. and recorded at 2005-006793, both in the County Clerk's Office of Oneida County, New York, subject to any and all mortgages -6- given thereon. Husband agrees to immediately refinance or have Wife's name removed from any and all mortgages existing on the aforesaid properties and further agrees to be solely responsible for the payment of the existing mortgage (until he refinances or Wife's name is removed), past and future taxes, insurance and utility bills relative to the aforesaid real estate and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of the foregoing debts or obligations set forth herein. (d) Wife agrees to transfer to Husband as soon as possible all of her right, interest in and title to their jointly-owned real estate situate in Apache County, Arizona, recorded at 2004-01532 in the Recorder's Office of Apache County, Arizona, subject to any and all mortgages thereon. Husband agrees to be solely responsible for the payment of all future mortgage payments, past and future taxes, insurance and utility bills relative to said real estate and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of the foregoing debts or obligations set forth herein. (e) Husband hereby agrees to transfer to Wife as soon as possible all of his right, interest in and title to their timeshare located at Disney Vacation Development, Inc., 200 Celebration Place, Celebration, Florida. Wife hereby agrees to be solely responsible for the payment of any and all obligations due and owing with respect to the aforesaid timeshare and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of any debts or obligations incident thereto. 10. WAIVER OF INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously or in the future received by the other party. -7- 11. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as of the Agreement had never been entered into. 12. SOCIAL SECURITY BENEFITS. The parties agree that subject to the rules and regulations of the Social Security Administration, each of the party shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 13. INCOME TAX PRIOR RETURNS. (a) The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of the, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment there with. Such tax interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid join returns. (b) To the extent that it is determined that either party filed incorrect or falsified tax returns, the other party shall be held harmless from any liability with regard thereto. -8- (c) The parties agree to file a joint return for taxable year 2008 and further agree to divide any refund equally. In the event any amount is due in connection with the parties' 2008 returns, said obligation shall be paid by Husband. 14. VEHICLES. Wife shall retain possession and ownership of the 2003 Nissan Murano which is presently in her possession. The title to said vehicle shall be transferred immediately from Husband to Wife, free and clear of any claim, right, title or interest in said vehicles on the part of Husband. Husband shall retain possession and ownership of any and all vehicles presently in his possession, free and clear of any claim, right, title or interest in said vehicles on the part of Wife. Each party shall assume the full and sole responsibility for any liens or encumbrances existing on their respective vehicles. 15. WAIVER OF SUPPORT. (a) Husband hereby waives all right to claim against Wife support, alimony, alimony pendente lite, counsel fees and expenses. (b) Husband shall pay to Wife a property settlement totaling Twelve Thousand Dollars ($12,000.00) as follows: the sum of Six Thousand Dollars ($6,000.00) shall be paid contemporaneously with signing of the within Agreement and the additional Six Thousand Dollars ($6,000.00) shall be paid six months following the date of the within Agreement. Otherwise, subject to Husband's responsibility to pay the aforesaid settlement, Wife hereby waives all further right to claim against Husband, any further monetary payment including support, alimony, alimony pendente lite, counsel fees and expenses. 16. TRANSFERS SUBJECT TO EXISTING LIENS. Notwithstanding any other provisions in this document, all property transferred hereunder is subject to the lien or liens -9- that may exist. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer of may be required to pay on account of such lien or encumbrance. 17. EQUITABLE DISTRIBUTION. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 18. ADVICE OF COUNSEL. Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advise of his and her selection; that Husband has been independently represented by counsel, Hannah Herman Snyder, Esquire and Wife has been independently represented by counsel Robert B. Lieberman, Esquire. 19. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 20. FULL DISCLOSURE. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such parties have any interest, the sources and the amount of the income of such party of every type whatsoever and of all the facts relating to the subject matter -10- of this Agreement. 21. WAIVER OF RIGHTS. The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under the Divorce Code, particularly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. 22. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effected only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 24. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. -11- 25. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 26. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other remedies or relief as may be available to him or her and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement or in seeking such other remedies or relief as may be available to him or her. 27. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 28. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined 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 be valid and continue in full force, effect and operation. 29. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 30. FINANCIAL DISCLOSURE. The parties confirm that each have relied on the substantial accuracy of the financial disclosure of the other as an inducement to the -12- execution of this Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: L - (SEAL) DANA L. RAPSEY 0 J) (SEAL) RICHARD P -13- COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN i On this ,A& day of y L 2009, before me, the undersigned officer, personally appeared DANA L. RAPSEY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. Notary Publ' COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CHERYL L. FERGUSON, Notary Public City of Harrisburg, Dauphin County My Commission Expires April 6, 2012 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. ss. On this day of 11n 11 A , 2009, before me, the undersigned officer, personally appeared RICHARD D. RAPSEY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same f'or the purposes therein contained. Ne1o?y M1? ? No ary Pub6 -14- 'T, QTY -low N wow ..?..aw`,..r, .4 rvo? IiYfii RICHARD D. RAPSEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DANA L. RAPSEY, NO. 08-7322 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on December 16, 2008, and served on December 22, 2008, by certified mail, restricted delivery. 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. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. DATE: RICHARD D. RAPSEY, Plaintiff OF THE- PPC CIARY 20D9 AUG 27 Pd 2: 5 RICHARD D. RAPSEY, Plaintiff V. DANA L. RAPSEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 08-7322 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 THE FOREGOING 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. DATE: RICHARD SEY, Plaintiff OF TFF 2109 UG 27 Pil 2: 56 RICHARD D. RAPSEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-7322 CIVIL TERM DANA L. RAPSEY, Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 16, 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. 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. Dated: `7 A(9 ?V q DA . RAPSEY, Defendant HELP,). FCC. ; n?.0TARY Q THE PP" 2099 AUG 27 PH 2: 57 RICHARD D. RAPSEY, Plaintiff V. DANA L. RAPSEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-7322 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE I consent to the entry of a final Decree in 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. Dated: ? ?Tb i? km- a,.,, / DANA L. RAPSEY, Defendant A LED ?Ci ? 1JE OF Ti c ,ar,?`kfir??Y 2009 AUG Z 7 Pli 2: 5 6 RICHARD D. RAPSEY, Plaintiff V. DANA L. RAPSEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2008-7322 CIVIL TERM 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. Ground for divorce: Irretrievable breakdown under §3301(c) 3301(d)(1) of the PiveFee Ged-e. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: December 22, 2008, by certified mail, restricted delivery. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: August 25, 2009 by Defendant: July 28, 2009 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None 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 of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: August 27, 2009 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: August 27, 2009 -d-u4 81A Hannah Herman-Snyder, Esquir GRIFFIE & ASSOCIATES Attorney for Plaintiff 2- 58 .-j l ? ? d ` ` F 1 ??v, i u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD D. RAPSEY V. DANA L. RAPSEY DIVORCE DECREE AND NOW, ?Gco?wG?. :3 2 ?9 , it is ordered and decreed that RICHARD D. RAPSEY plaintiff, and DANA L. RAPSEY , 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.") The parties' Separation and Property Settlement Agreement entered .on August 25, 2009 is incorporated herein, but not merged. NO. 08-7322 By the Court, r Of e 9