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HomeMy WebLinkAbout05-0244 II l'-- RAYMOND J. RANDALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - d..- +4- CIVIL TERM CIVIL ACTION-LAW IN DIVORCE V. KATHERINE S. RANDALL, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth following pages, you must take prompt action. You are warned that if you fail to do so, case may proceed without you and a decree of divorce or annulment may be entered c you by the court. A judgment may also be entered against you for any other claim or r requested in these papers by the Plaintiff. You may lose money or property or other ri~ important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown I marriage, you may request marriage counseling. A list of marriage counselors is avail~ the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Penns IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THf YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEP~ OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 II -i!- RAYMOND J. RANDALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - CIVIL TERM KATHERINE S. RANDALL, Defendant CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301(c) AND 3301 (d) OF THE DIVORCE CODE 1. Plaintiff is Raymond J. Randall, an adult individual who currently resides at 1241 Claremont Road, Carlisle, Cumberland County, Pennsylvania 17013-9742. 2. Defendant is Katherine S. Randall, an adult individual who currently resides at 111 Clay Road, Carlisle, Cumberland County, Pennsylvania 17013-7404. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 8, 2002 in Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling. 9. Plaintiff requests the court to enter a decree of divorce. 1/ !I I WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: January I c.... ,2005 ~u~ Michael A. Scherer, Esquire 1.0.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Raymond J. Randall mas\Domestic\Randall\divorce.comp II RAYMOND J. RANDALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KATHERINE S. RANDALL, Defendant NO. 2005 - CIVIL ACTION-LAW IN DIVORCE CIVIL TERM VERIFICA liON I verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. +~~~II Date: January II ,2005 ~~~ ~ ~ ~J ~. =t ..!) ty --. --..... ,-.!) C- '-" ...J n r,_.) 0 '=';::J ~~ \.':',J --n CJ' --of c..... .'r ". ;::~1J iii ..P' ...... -r-l ~;) f :;J '> f'V <.J, ':"1.1 -~:~ ;'-; >'.. :~~1 .' 1'--) .. -..} Co. ) ." -<: ,4..- .-.:; RAYMOND J. RANDALL, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-244. CIVIL TERM KATHERINE S. RANDALL, Defendant . : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, Mark A. Mateya, Esquire, being authorized to do so pursuant to Pa. R.C.P. 402, hereby accept service of Plaintiffs Complaint Under Section 3301 ( c) and 3301 (d) on behalf of Defendant Katherine S. Randall, in the above-captioned matter. ~G. Mark A. Mateya, Es re Attorney ID No. 78931 P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 (717) 241-3099 Fax Date: 'lIz, I ()-( Counsel for Defendant ( r,\ ~ -,;.-'" :>,::',i \ {".:; ~?::~ .....';. "',0 .-_\ A' ._<:. 0"'> - ../.._------- II RAYMOND J. RANDALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 244 CIVIL TERM KATHERINE S. RANDALL, Defendant CIVIL ACTION-LAW IN DIVORCE PLANITIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on January 12, 2005. 2. An Acceptance of Service form was signed on February 21,2005. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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 . 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. 'do not request that the court require counseling. 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: October 14, 2005 fJ1 RAYMOND J. RANDALL l"" ~':'I '.:} ':. C" (=~) r'" "; RAYMOND J. RANDALL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW KATHERINE S. RANDALL, Defendant : NO. 2005-244 - CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301( c) or (d) of the Divorce Code was filed on January 12, 2005. 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 ofa 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 herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATED: 11(4/()~ ~oth~J2.u c/n QV Katherine S. Randall Defendant ...-> ,"" 'zA -". ~~ - o .~Jii" ~,-. -- -, S{." ---\ -:t:-f"; f\1c:, -(}\~l ~,~) '"'; (- ~ ,..c. ~ ~:.-: ;~.f ~ -;.'1 ~:<:'}~~ "j ':::\ ~. 5:1. .-<. ~ - u:> RAYMOND J. RANDALL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW KATHERINE S. RANDALL, Defendant : NO. 2005-244 - CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE I. 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! 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. 94904 relating to unsworn falsification to authorities. DATE J I ILl/A ") :Kitto~ ~~))8.. riA 00 Katherine S. Randall Defendant (7 t--> 0 c~ c: c::) -n CTl - -, (5 :r.~ ~L fliP "Ocr; ,.j c:::> \ -....> (~, ~~ " , _.d.' (<, o..f! :S\fl __A - ~JS .~~. ...0 .~ - MARRIAGE SETTLEMENT AGREEMENT AGREEMENT made this /p liday of October, 2005, by and between RAYMOND J. RANDALL (hereinafter called "Husband") and KATHERINE S. RANDALL (hereinafter called "Wife"). WITNE SSE TH: WHEREAS, the Parties hereto are Husband and Wife, having been married on August 24, 2002 in Cumberland County, Pennsylvania. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the Parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the Parties hereto are desirous of settling fully and finally the respective financial and property rights and obligations as between each other, including without limitation; I. The settling of all matters between them relating to ownership and equitable distribution of real and personal property; 2. The settling of all matters between them relating to past, present and future support and/or maintenance of Husband by Wife or Wife by Husband; 3. The settling of all matters between them relating to child support relating to Sabrina Randall, born on February 22,2003; 4. The settling of all matters between them relating to the legal and physical custody of Sabrina Randall, born in wedlock on February 22,2003. 5. In general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the Parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: I. AGREEMENT NOT PREDICATED UPON DIVORCE: It is specifically understood and agreed by and between the Parties hereto, and each ofthe Parties doesherebywaITant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any Agreement for the institution, prosecution, defense or for the non- prosecution or non-defense of any action for divorce; provided, however, that nothing contained in 2 this Agreement shall prevent or preclude either of the Parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds, nor to prevent either party from defending any such action which may, has been, or shall be instituted by the other Party, or from making any just or proper defense thereto. 2. EFFECT OF DIVORCE DECREE: The Parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the Parties. 3. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE: The Parties agree that the terms ofthis Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to them. 4. ADVICE OF COUNSEL: The provisions of this Agreement are intended to effect a legally binding property scttlement between the parties. Husband has been represented by his counsel, Michael Scherer, Esquire, and Wife has been represented by Mark A. Mateya, Esquire. Each party acknowledges that he or she fully understands the facts and has been fully infonned as to his or her legal rights and obligations, and each party acknowhldges and accepts that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that this Agreement and the execution thereof is not the result of any duress, undue influence or collusion. 3 5. INTERFERENCE: Each party shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as ifhe or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness ofthf~ causes which led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor in any way interfere with the peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 6. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit claim, and forever discharge the other in the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and whatsoever 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 byway of dower or courtesy, or widows or widowers rights, family exemptions or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory 4 or the United States, or any other country, or any right which Wife may havf~ or at any time hereafter have for past, present or future support of maintenance, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other, by the execution ofthis Agreement, a full, complete and general release with respect to arlyand 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. 7. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS: Eachparty understands that he or she has the right to obtain from the other party a complete inventory or list of all ofthe property that either or both parties own at this time or owned as ofthe date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: 5 a. The right to obtain an inventory and appraisement of all malital and non- marital property as defined by the Pennsylvania Divorce Code. b. The light to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pemtsylvania Rules of Civil Procedure. e. The right to have the court determine which property is malital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to either party that property which the court determines to be the parties' non-marital property. f. The right to have the court decide any other rights, remedies, plivileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, debt allocation, and counsel fees, costs and expenses. 8. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they will divide the marital property as of the date of this Agreement, including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Husband agrees that all the property in the possession of Wife on the date of this Agreement shall be the sole, separate property ofthe Wife; and Wife agrees that all of the property in the possession ofthe Husband on the date of this Agreement shall be the sole, separate property of Husband . 6 9. AFTER-ACOUIRED PERSONAL PROPERTY: Eaf~h of the Parties shall hereinafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her after September 14, 2004, with full power in him or her to dispose ofthe same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 10. DIVISION OF VEHICLES: With respect to the vehicles owned by one or both of the parties, or the net proceeds or value derived from any prior sale or trade in thereof, they agree as follows: Each party has already acquired and/or retained his or her own vehicle. The titles or lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subjectto a lien or encumbrance the party receiving said vehick as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other part harmless from said lien or encumbrance. Each ofthe parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 7 11. REAL PROPERTY: Husband and Wife hereby agree that all right, title and interest in the real estate located at 1241 Claremont Road, Carlisle, Cumberland County, Pennsylvania, is the sole property of Husband as of the date of the signing of this Agreement, subject to paragraph 12 below. A quitclaim deed to the property mentioned above, executed on the date ofthe execution of this document, is incorporated by reference herein. 12. CASH PAYMENT: Husband shall pay to wife two thousand dollars ($2,000) at the execution of this document. 13. LIABILITIES: It is further mutually agreed by and between the parties that the debts be paid as follows: A. The Wife shall assume all liability for and pay an.d indemnify the Husband against any of her individual debts. B. The Husband shall assume all liability for and pay and indemnify the Wife against any of his individual debts as well as the joint obligations on the marital residence. C. The parties agree that there are no other joint debts of the parties. 14. WARRANTY AS TO EXISTING OBLIGATIONS: Each Party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other Party may be responsible or liable except as may be provided for in this Agreement. Each Party agrees to indemnify or hold the other Party harmless from and against any 8 and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 15. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after September 14, 2004, except as may be otherwise specifically provided for by the terms of this Agreement and that neither ofthem shall hereafter incur any liability whatsoever of which the estate of the other may be liable. 16. CHILD SUPPORT: Child Support for Sabrina Randall, born on February 22,2003 will be paid by Husband to Wife in the amount of two hundred dollars ($200.00) per month, payable on the first day of each month. 17. CUSTODY: Custody of Sabrina Randall, born on February 22,2003, (hereinafter the "child") shall be as follows: A. Mother and Father shall share legal custody of the child. B. Mother shall have primary physical custody of the child, subject to the following periods of partial physical custody of Father, including: 1. Every other weekend, the weekend to commence Saturday at 4:00 pm and conclude on Sunday at 4:00 pm. The party gaining custody shall provide transportation. 9 18. PENSION: Wife and Husband hereby agree A. Wife surrenders all right, title and interest in Husband's IRA, pension, or other investments. B. Husband surrenders all right, title and interest in Wife's IRA, pension or other investments. 19. OTHER DOCUMENTATION: Wife and Husband covenant and agree that they will forthwith (and within at least twenty (20) days for demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or other such writings as may be necessary or desirable for the proper effectuation of this Agreement in order to carry out fully and effectively the terms of this Agreement. 20. FULL DISCLOSURE: Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wherever located belonging in any way to either or both ofthem, of all the debts and encumbrances incurred in any manner whatsoever by either or both of them during the marriage:, of all sources and amounts of income of each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering in this Agreement. 10 21. FEES. COSTS AND EXPENSES: Each party agrees to be solely responsible for her and his respective counsel fees, costs and expenses in negotiating and concluding this Agreement, dissolving their marriage and consummating all provisions of this Agreement. 22. ENTIRE AGREEMENT: This Agreement contains the entire understanding between the Parties. There are no representations, warranties, covenants or undertakings other than as expressly set forth herein. 23. WAIVER OR MODIFICATION TO BE IN WRITING: No modification nor waiver of any of the terms hereof shall be valid unless in writing and signed by both Parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 24. LAW OF PENNSYL VANIA APPLICABLE: This Ah'feement shall be construed in accordance with the laws ofthe Commonwealth of Pennsylvania. 25. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors and assigns. 26. SEVERABILITY: 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, 1 1 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. Likewise, the failure of any Party to meet his or her obligations under anyone or more of the paJragraphs herein with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations ofthe Parties. 27. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default ofthe same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 28. BREACH: If for any reason either Husband or Wife fails to perform his or her obligations hereunder to the other spouse, and the other spouse incurs any expense hereby (including but not limited to legal fees and costs) in enforcing his or her rights, the non-breaching party shall have the right, 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 spouse who failed to perform the obligations agrees to indemnify the other spouse and hold him or her harmless from any and all such (:xpenses. 29. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of 12 reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or effect. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above-written. WITNESS: 1fp?/v- ~m/ t ~ (SEAL) RA OND J. RANDALL ~~.~ j~ '. /) fl" c/fjU>O{,(+(o>{ kcJ..A..l...ct, (SEAL) KATHERINE S. RANDALL 13 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF DAUI'Hll-l" OJ iYlberl Qf)(J On this, the 14tb day ofOctn her , 2005, before me, a Notary Public in and for said Commonwealth and County, personally appeared RAYMOND J. RANDALL, 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 for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. drN:.'~ 11\ ~stu-t- Notary Public My Commission Expires: COMMO~,IWEAI:nj ur l'l~'NNSYLV^N(j\ (SEAL) Notanal Seal Amanda L. Fisher, Notary Public Carlisle Hom. Cumherland County My Comm'ss:,'2!!..0~'~s Apr. 17.2006 Member Pennsylv;:;r,.? ,1.\;~XJr:i~'-ion of Notaries COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF DAUPHIN On this, the (pJi. day ort1J-~ , 2005, before me, a Notary Public in and for said Commonwealth and County, personally appeared KATHERINE S. RANDALL, 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. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~o.~ Notary Public My Commission Expires: (SEAL) Notarial Seal Frances A. Aumiller, Notary Public City of ,larrisburg, Dauphin Counly My Commission Expires Mar. 16. 2006 Member, >-'ennsvlvama A~;Soclatlon o1Notanes 14 C:\MARK\Clients\Randall, Katie\RandallMSA4. wpd 15 -~- n ~';.1 1 C~) U"; .< 'I , , I I: 'I i! 'I Ii II ,I II I: II :' I! RAYMOND J. RANDALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 244 CIVIL TERM KATHERINE S. RANDALL, Defendant CIVIL ACTION-LAW IN DIVORCE :1 I " ,I I' , PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: , ,I il " ,: 'I !] I I' :! 11 Ii I ~ Ii I " I I i I I I I I 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)of the Divorce Code. 2. Date and manner of service of the Complaint: An Acceptance of Service was signed on February 21,2005. 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 on October 14, 2005; and Defendant on November 4,2005. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301 (d) of the Divorce Code: N/A (2) date of service of the Plaintiff's Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(1 )(i) of the Divorce Code: None. Respectfully submitted, ~~l Michael A. Scherer, Esquire (.; ;t.:'+:'+':f.:+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + + + + + + + ++:+::+: 'I' 'f Of 'f T.;t.: ;t.::+i:+: + Of. '+':+; +i Of. Of. 'I' Of. Of '+' Of. Of. 'f Of. 'f Of. Of. "":+:+;;t Of. '+':+ + Of. Of. 'I':+; Of. Of:+::+;:+: Of.:+::+;:+::+: +:+; '+' 'Ii '+':+;,., Of 'I':+: '+' 'f:+; '+' Of.:+:+: '+':+;:+ '+':+; '+':+:+ '+' + '+' 'I: '+',+, + + + + + + + + . + + + IN THE COURT OF COMMON OFCUMBERLANDCOUNTY STATE OF PENNA. RAYMOND J. RANDALL Plaintiff No. 2005 - 244 VERSUS KATHERINE S. RANDALL Defendant DECREE IN DIVORCE PLEAS + '+' 't' '+' '+' + + + + + + + + + + . + + . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + + + + + + + + + + + + + +Of:+'+''+'+'+''+'++++'+'+'+'+~ CIVIL AND NOW, fJ~ ).~ ;;1 ~:(),.M. ,'JooS , IT IS ORDERED AND DECREED THAT RAYMOND J. RANDALL AND KATHERINE S. RANDALL ARE DIVORCED FROM THE BONDS OF MATRIMONY. . PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT The parties' Marriaqe Settlement Aqreement dated October 6. 2005. is incorporated. erein as a final Order qf Court. ATTEST: ++'+''+''+'+++'+''+'~'+''+''''':+++'+'++++'+'++++'+''+'++:+; PROTHONOTARY J. -hbw ~? /'l7'rJ1? ~tt, so fe. 1/ );>>?y~ jP.7 /~ ~ FP .50 f:- - JI ... -..... , .. '.