HomeMy WebLinkAbout05-1205
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
DARYL G. RABOLD,
Defendant.
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)
)
)
)
)
No. 2005 - /.;2 oS
CIVIL TERM
IN DIVORCE
MAURINE .J. RABOLD,
Plaintiff,
vs.
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You are warned that if you fail to do
so, the case may proceed without you and a decree of divorce or annulment may be entered
against you by the Court A judgment may also be entered against you for any other claim or
relief requested in these papers by the Plaintiff You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for 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:
Office of the Prothonotary
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
In the Court of Common Pleas of Cumberland County,
Pennsylvania
MAURINE J. RABOLD,
Plaintiff,
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)
)
)
)
)
No. 2005 -
vs.
DARYL G. RABOLD,
Defendant.
CIVIL TERM
IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in divorce proceeding filed in the
Court of Common Pleas of Cumberland County_ This notice is to advise you that in accordance
with Section 3302( d) of the Divorce Code, you may request that the court require you and your
spouse to attend marriage counseling prior to a divorce being handed down by the court. A list
of professional marriage counselors is available at the Domestic Relations Office, 13 North
Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to
you and you are not bound to choose a counselor from this list. All necessary arrangements and
the cost of counseling sessions are to be borne by you and your spouse_
If you desire to pursue counseling, you must make your request for counseling within
twenty days ofthe date on which you receive this notice_ Failure to do so will constitute a waiver
of your right to request counseling_
Michael S. Travis
lD No_ 77399
3904 Trindle Road
Camp Hill, PA 17011
(717)731-9509
In the Court of Common Pleas of Cumberland County,
Pennsylvania
MAURINE J. RABOLD,
Plaintiff,
)
)
)
)
)
)
No. 2005-
CIVIL TERM
IN DIVORCE
vs.
DARYL G. RABOLD,
Defendant.
COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR
3301(d) OF THE DIVORCE CODE IN DIVORCE
Plaintiff, by her attorney Michael S_ Travis, respectfully represents:
1_ Plaintiff is Maurine J_ Rabold, who resides at 24 High Street, Boiling Springs,
Cumberland COlmty, Pennsylvania, 17007, since 1984.
2_ Defendant is Daryl G. Rabold, who resides at 24 High Street, Boiling Springs,
Cumberland County, Pennsylvania, ] 7007, since 1984.
3_ Plaintiff has been a bona fide resident of 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 February 29, 1976 in Pottstown,
Montgomery County, Pennsylvania_
5_ There have been no prior actions of divorce or annulment between the parties in
this or any other jurisdiction.
6_ The marriage is irretrievably broken_
7. At a subsequent time, Plaintiff may submit an Affidavit that the parties have lived
separate and apart for at least two (2) years.
8_ Plaintiff has been advised that counseling is available and that Plaintiff may have
the right to request that the court require the parties to participate in counseling.
9_ Neither party is in the Military Service in the United States.
10. Plaintiffrequests the court to enter a decree of divorce_
1 verifY that the statements made in this Complaint 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: --.,.,\.:'\.\t'>S
i ae S. Travis
Attorney for Plaintiff
1.D. # 77399
3904 Trindle Road
Camp Hill, PA 17011
(717) 731-9502
Fax 73]-95]]
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In the Court of Common Pleas of Cumherland County,
Pennsylvania
MAURINE./. RABOLD,
Plaintiff,
)
)
)
)
)
)
No. 2005 - 1205
vs.
DARYL G. RABOLD,
Defendant.
CIVIL TERM
IN DIVORCE
ACCEPTANCE OF SERVICE
I accept service of the Complaint in Divorce_
address: 24 - 1 Street
Boiling Springs, P A 17007
Date:
;Irs
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
MAURINE J. RABOLD,
Plaintiff,
)
)
)
)
)
)
No. 2005-1205
VS.
DARYL G. RABOLD,
Defendant.
CIVIL TERM
IN DIVORCE
MARRIAGE SETTLEMENT AGREEMENT
Counsel of record:
Michael S. Travis, Esquire for Plaintiff
for Defendant
MARBJAGESETTLEMENTAGREEMENT
THIS AGREEMENT made thisfc.4thday of ,4,/<>, v ...-r ,2005, by and between
Daryl Gene Rabold, (hereinafter referred to as "Husband,") and Maurine June Rabold,
(hereinafter referred to as "Wife").
Wl1NESSETH:
WHEREAS, the Husband and Wife were lawfully married February 29,1976; and
WHEREAS, there were three children born of this marriage; Jason Rabold, born February
21,1982, Christopher Rabold born May 12, 1984 and Malissa Rabold, born July 31,1986; and
WHEREAS, differences have arisen between Husband and Wife in consequence of which
they intend to live apart from each other; and
WHEREAS, Husband and Wife desire to settle and determine their rights and
obligations; and
NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and
agree as follows;
1. DEFINITIONS
(a) Date of Execution of this Agreement. The phrase "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the parties if they
each have 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.
(b) Distribution Date. The phrase "distribution date" shall be defined as fourteen
days following the entry of a final decree in divorce and the filing of Waivers of Appeals by each
party. If the fourteenth day falls on a weekend or holiday, the distribution date shall be the next
business date.
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2. ADVICE OF COUNSEL
The parties have had an opportunity to review the provisions of this Agreement
with their respective counsel. Husband is represented by . Wife is
represented by Michael S. Travis, Esquire. Husband and Wife acknowledge that this Agreement
is not the result of any duress or undue influence and that it is not the result of any collusion or
improper or illegal agreement or agreements. The parties further acknowledge that they have
each made to the other a full accounting of their respective assets, estate, liabilities, and sources
of income and that they waive any specific enumeration thereof for the purpose of this
Agreement.
Each party agrees that he or she shall not at any future time raise as a defense or
otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the
exception of disclosure that may have been fraudulently withheld.
3. SEPARATION
It shall be lawful for each party at all times hereafter to live separate and apart
from the other party at such place or places as he or she may from time to time choose or deem
fit. The foregoing provisions shall not be taken as an admission on the part of either party as to
the lawfulness or unlawfulness of the causes leading to their living apart.
4. INTERFERENCE
Each party shall be free from interference, authority, and contact by the other as
fully as ifhe or she were single and unmarried except as may be necessary to carry out the
provisions of the 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, follow, stalk, nor in any way interfere with the peaceful existence, separate and apart
from the other.
5. DIVISION OF PERSONAL PROPERTY
With the exception of the items attached on the list marked Exhibit "A", the
parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible
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marital property. The parties will obtain the items of personalty listed on Exhibit A within (30)
thirty days of the Distribution Date of this Agreement. Neither party shall make any claim to any
other such items of marital property, or to the separate personal property of either party, which
are now in the possession and/or under the control of the other.
Financial Accounts. The parties have equally divided all joint checking, savings
and other non-retirement accounts to their mutual satisfaction. The parties agree to retain their
separate financial accounts.
Wife has received the value of700 shares of vested stock option with Select
Medical Corporation. The value of this option and any cash equivalent is to be the sole and
exclusive property of Wife.
The parties agree to cooperate in transferring any title or document to accomplish
the above distribution. Neither party will make further claim to any joint financial account
following the distribution date of this Agreement.
6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE
Neither party shall be entitled to spousal support or APL.
7. ALIMONY
Wife and Husband represent and acknowledge that they each have sufficient
property for her or his reasonable needs and are able to support herself or himself through
appropriate employment and/or assets according to the standard of living which they are
accustomed to and waive the right to receive alimony.
8. AUTOMOBILES
The parties are the owners of seven automobiles, a 1996 Chevrolet Lumina, a
1996 Saturn, a 1994 van, a 1997 Pontiac Grand Am, a 1989 Chevrolet Cavalier, a 1990 Jeep
Cherokee, and a 1989 Dodge Caravan,. The 1994 van shall be the property of Husband. The
Chevrolet Lumina shall be the property of Wife. The Saturn shall be the property of Maurine
and Malissa Rabold. The Pontiac Orand Am shall be the property of Christopher and Daryl
Rabold. The 1989 Cavalier, the 1990 Jeep and the 1989 Caravan shall be property of Husband.
None of the vehicles are encumbered by purchase money loans
Should any action be required to transfer title or other document of ownership,
the parties will take steps to transfer and reflect ownership as soon as possible after the
distribution date.
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Both parties agree to assume all responsibility and hold each other harmless for
any and all liability, including insurance, costs and expenses associated with ownership of the
above. The costs of any title transfers or fees shall be borne equally by the parties.
9. DIVISION OF REAL PROPERTY
(a) The parties are owners of real property located at 24 High Street, Boiling
Springs, Cumberland County, Pennsylvania, containing a residential dwelling. The property is
encumbered with a mortgage in favor of Citimortgage, having a balance of approximately
$39,000.00. The property shall be listed for sale at $147,000.00. After payment of the
mortgage, the net proceeds of the sale shall first be applied to pay income taxes for the year 2002
and 2004. Next the proceeds shall be used to pay off the parties chapter 13 bankruptcy case,
docket no. 02-04251 JJT-l. Next the proceeds will be used to pay final joint bills of$1,925.80 to
Met Ed, Sprint, Comcast, Waste Management, Lance Harper and Davis Electric. The remainder
of the proceeds, subject to the costs in Paragraph 9(b) shall be equally divided by Husband and
Wife. The parties agree to share equally any costs associated with the sale of the real estate,
including, tax, commission or fees.
(b) Wife shall receive a credit for one-half (1/2) of all household expenses she
paid since January 1,2005 which is $4,034.00. These credits to Wife shall be deducted from
Husband's one half share of the net sale proceeds.
Estimated calculations of the above are listed on Exhibit B.
10. PENSION, RETIREMENT ACCOUNTS, INVESTMENT AND SAVINGS
ACCOUNTS
At the time of separation, the parties were titled to the following retirement
accounts.
Comoosition of accounts
Husband: none_
Wife: Jack Gaughen 40 I (k) retirement account
Stock options
$1,500.00 (approx)
discussed under Paragraph Five.
Each party shall retain their separate retirement account(s). Neither party shall make
further claim to a retirement or financial account of the other party.
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11. MEDICAL INSURANCE
Neither party is required to maintain medical insurance coverage for the benefit of
the other party following the entry of a Decree in Divorce.
12. MARITAL DEBTS
(a) During the course of the marriage, the parties incurred certain joint obligations
all of which are listed in the chapter 13 bankruptcy case, docket no. 02-04251 JJT-l.
The parties agree that the proceeds ofthe sale of their real estate shall be used to
pay these debts.
Wife and Husband represent that they have taken all steps necessary to make sure
that no additional credit cards or similar accounts exist which provide for joint liability. Prom
the date of execution of this Agreement, each party shall use only those cards and accounts for
which that party is individually liable.
(b) Since separation, neither party has contracted for any debts which the other
will be responsible for and each party indemnifies and holds harmless the other for all obligations
separately incurred or assumed under this Agreement.
13. FILING AND PAYMENT OF TAXES
The parties agree to file separate income tax returns for the year a decree in
divorce is entered. The parties represent that they have filed all income taxes for each year up to
the year a Decree in Divorce is entered. The parties agree to indemnifY and hold the other party
harmless for any unfiled or due taxes individually. The parties agree that the income tax debt for
the year 2002 in the approximate amount of$12,000.00 will be paid upon the sale of their real
estate.
14. DIVORCE
The parties agree to cooperate with each other in obtaining a final divorce of the
marriage. It is agreed that the parties will execute and allow to be filed the necessary documents
to obtain a divorce under Section 3301(c) or 3301(d) of the Divorce Code.
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15. DEATH PRIOR TO DIVORCE
If either Husband or Wife dies before the entry of a final decree in divorce
between the parties, this Agreement is deemed to survive the death, and the parties, heirs or
assigns shall enter into the same status as after the Agreement was entered into.
16. INCORPORATION
This agreement is to be incorporated for the purposes of enforcement, but not
merged into any subsequent Decree in Divorce.
17. CONTINUED COOPERATION
The parties agree that they will, after the execution of this Agreement, execute any
and all written instruments, assignments, releases, deeds or notes or other such writings as may
be necessary or desirable for the proper effectuation of this Agreement.
18. COUNSEL FEES
Except as otherwise provided for in this Agreement, each party shall be
responsible for his or her own legal fees and expenses.
19. 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, and the party breaching this
contract shall be responsible for the payment of legal fees and costs incurred by the other in
enforcing their rights under this Agreement or for seeking such other remedies or relief as may be
available to him or her.
20. VOLUNTARY AGREEMENT
The provisions of this Agreement are fully understood by both parties and each
party acknowledges that the Agreement is fair and equitable; that it is being entered into
voluntarily; and that it is not the result of any duress or undue influence.
21. WAIVER OF CLAIMS AGAINST ESTATES
Except as herein otherwise provided, each party may dispose of his or her
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property in any way, and each party hereby waives and relinquishes any and all rights he or she
may now have or hereafter acquire under the present or future laws of any jurisdiction to share in
the property or the estate of the other as a result of the marital relationship, including without
limitation, dower, curtsey, statutory allowance, widow's allowance, right to take in intestacy,
right to take against the will of the other and the right to act as administrator or executor of the
other's estate.
22. BINDING EFFECT
This Agreement shall be binding upon the parties' heirs, successors and assigns.
23. MODIFICATION AND WAIVER
Any modification or waiver of any of the provisions of this Agreement shall be
effective only if made in writing and executed with the same formalities as this Agreement. The
failure of either party to insist upon 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.
24. PRIOR AGREEMENTS
It is understood and agreed that any and all prior agreements which may have been
made or executed or verbally discussed prior to the date and time of this Agreement are null and
void and of no effect.
25. 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.
26. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for convenience only. They shall not
have any binding effect whatsoever in determining the rights or obligations of the parties.
27. APPLICABLE LAW
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
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IN WITNESS WHEREOF, the parties set their hands and seals the day and the
year first written above.
rIjy.J.
Wi e s -
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Commonwealth of Pennsylvania:
County of Culnbv/A-Ad ~ ss:
PERSONALLY APPEARED BEFORE ME, thi~ day of ill A/ , 2005, a
notary public, in and for the Commonwealth of Pennsylvania, Daryl ~o me e 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 herein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
SOMMONWEALTH Of PENNSYL~
NOTARIAL SEAL
DAWN M. SHUGHART. Notary Public
SOlo of Carlisle. cumbertood County
My Commission Expires Nov. 28. 2006
~
~
Commonwealth 8f PiRfUlrlyania:
Countyof~ ~ :
PERSONALLY APPEARED BEFORI}M~~.~ day of --At b ~ ,2005, a
notary public, in and for the Commonwealth ~ Maurin~old, MO dft t8 me-
e 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 herein contained.
ss:
~------------J
DARA MIHAlY
. Commls.slon # 1483203
~. Notary Public' Callfomla ~
. Los Angeles County
My Comm. expires Iopr 13. 2008
)~W
Notary Public
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EXHIBIT B
Estimated Disbursement
Proceeds received from sale of house:
$ 90,786.00
Tax debt 2002 and 2004:
minus $ 16,092.00
Payment to Trustee bankruptcy no.
minus $ 2,000.00
Joint bills to
Met Ed
Sprint
Comcast
Waste Management
Lance Harper
David Electric
minus $ 1,925.00
Estimated balance: $ 70,769.00
Adjustments:
Household repairs(net amounts paid by Wife):
$ 4,034.00
Total disbursement: Wife: $39,814.50, Husband: $ 31,350.50
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
MAURINE J. RABOLD,
Plaintiff,
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No. 2005-1205
CIVIL TERM
IN DIVORCE
vs.
DARYL G. RABOLD,
Defendant.
AFFIDAVIT OF CONSENT
1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on March
8,2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and nin.s
have elapsed from the date of filing and service of the Complaint. 'W
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
DATED: ~~~,,~~~
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.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
MAURINE J. RABOLD,
Plaintiff,
DARYL G. RABOLD,
Defendant.
)
)
)
)
)
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No. 2005-1205
CIVIL TERM
IN DIVORCE
VS.
AFFIDAVIT OF CONSENT
1. A complaint in divorce under ~ 3301 (c) of the Divorce Code was filed on March
8,2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn
falsification to authorities.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
MAURINE J. RABOLD,
Plaintiff,
DARYL G. RABOLD,
Defendant.
)
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No. 2005-1205
CIVIL TERM
IN DIVORCE
vs.
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF
A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn
falsification to authorities.
Date: j r/<<Z5'
r-' :::-J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
MAURINE J. RABOLD,
Plaintiff,
)
)
)
)
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No. 2005-1205
vs.
DARYL G. RABOLD,
Defendant.
CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of prop.,
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. 9 4904 relating to unsworn
falsification to authorities.
Date: 0...\ d.. \. \::Js
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Michael S. Travis
ID No. 77399
3904 Trindle Road
Camp Hill, PA 17011
(717) 731-9502
DARYL G. RABOLD,
Defendant.
In the Court of Common Pleas of Cumberland County,
Pennsylvania
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)
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No. 2005-1205
MAURINE J. RABOLD,
Plaintiff,
vs.
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)(1) of the Divorce
Code.
2. Date and manner of service of the complaint: Complaint was accepted by
Defendant on March 10,2005, Acceptance of Service, filed on March 16,2005.
3. Date of execution of the affidavit of consent required by ~ 3301(c) of the Divorce
Code: by Plaintiff on September 27, 2005; by Defendant on October 20, 2005.
4. Related claims pending: Economic claims are resolved by the Marital Settlement
Agreement dated August 12,2005, incorporated by reference hereto.
5.
prothonotary:
Date Plaintiffs Waiver of Notice in S 3301(c) Divorce was filed with the
/0/:1.'-1 ,2005.
prothonotary:
Date Defendant's Waiver of Notice in S 330 1 (c).pivorce was filed with the
('o/zf ,2005. ////
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Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
STATE OF
MAURINE J. RABOW,
Plaintiff,
VERSUS
DARYL G. RABOW,
Defendant.
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AND NOW,
OF CUMBERLAND COUNTY
PENNA.
No. 2005-1205
DECREE IN
DIVORCE
Dc..{
2.(,
, ~>-, IT IS ORDERED AND
DECREED THAT Maurine J. Rabold
AND I:Xlryl G. Rabold
, PLAINTIFF,
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
VET BEEN ENTERED;
The Marital Settlement Agreement dated August 12, 2005 is
incorporated but not merged into this Decree.
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II / i.
_'d Lt:' 1/
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......;0><-."."