HomeMy WebLinkAbout06-4202WILLIAM R. RABER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. UG - L(2-01_ CIVIL TERM
DENISE M. RABER,
Defendant : 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 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 that the court require you and your spouse to attend marriage counseling prior
to a divorce decree being handed down by the court. A list of marriage counselors is available in
the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are
advised that this list is kept as a convenience to you and you are not bound to choose a counselor
from the list. All necessary arrangements and the cost of counseling sessions are to be home by
you and your spouse.
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 WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania 17013-3302
(717) 249-3166
SNELBAKER, BRENNEMAN & SPARE, P.C.
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
By: llnt?
Attorneys for Plaintiff
WILLIAM R. RABER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
DENISE M. RABER,
NO. O 6 - y"-Z CIVIL TERM
Defendant : CIVIL ACTION -LAW
: IN DIVORCE
COMPLAINT
COUNT I - DIVORCE
1. Plaintiff William R. Raber is an adult individual residing at 1280 Hunters Ridge
Drive, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant Denise M. Raber is an adult individual residing at 101 Silver Spring Road,
Mechanicsburg, Cumberland County, Pennsylvania.
3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of
Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were lawfully joined in marriage on June 10, 2000 in
Mechanicsburg, Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties
hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph
4, above.
6. Neither party is a member of the armed forces of the United States of America.
LAW OFFICES
SNEL13AKER &
BRENNEMAN, P.C.
7. The Plaintiff avers as the grounds upon which this action is based is that the marriage
between the parties hereto is irretrievably broken.
8. The 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. The Plaintiff requests this Court to enter a decree of divorce.
WHEREFORE, Plaintiff William R. Raber requests this Court to enter a Decree of
Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the
Plaintiff and Defendant.
COUNT II - EQUITABLE DISTRIBUTION
10. Paragraphs 1 through 9, inclusive, of this Complaint are incorporated by reference
herein.
11. The Plaintiff and Defendant have legally and beneficially acquired property and
debts during their marriage from June 10, 2000.
12. The Plaintiff and Defendant have not agreed as to any equitable distribution of the
marital property and debts.
WHEREFORE, Plaintiff William R. Raber requests this Court to order equitable
distribution of marital property and debts.
LAW OFFICES
SNELSAKER & -2
BRENNEMAN, P.C.
WHEREFORE, the Plaintiff requests this Court to:
(a) enter a decree of divorce, divorcing the Plaintiff from the
bonds of matrimony;
(b) order equitable distribution of marital property and debts; and
(c) order such other relief as this Court deems just and reasonable.
SNELBAKER & BRENNEMAN, P.C.
By:
Keith O. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055-0318
(717) 697-8528
Date: July 21, 2006 Attorneys for Plaintiff William R. Raber
LAW OFFICES II
SNELBAKER & -3
BRENNEMAN, F.C.
VERIFICATION
I verify that the statements made in the foregoing Complaint 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 falsification to authorities.
° William R. Raber
Date: LAW OFFICES
SNELBAKER &
BRENNEMAN. P.C.
WILLIAM R. RABER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
DENISE M. RARER,
NO. CIVIL TERM
Defendant CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT
WILLIAM R. RARER, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Office of the
Prothonotary, which list is available to me upon request.
3. Being so advised, I do NOT request that the court require my spouse and I participate
in counseling prior to a divorce decree being handed down by the court.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§ 4904 relating to unsworn falsification to authorities.
Z IA
r William R. Raber
(Plaintiff)
Date: 7,Z//Dt5
LAW OFFICES
SNELSAKER &
BRENNEMAN, P.C.
Qln
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WILLIAM R. RABER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. dL' &/Z 0Z CIVIL TERM
DENISE M. RABER,
Defendant : CIVIL ACTION -LAW
: IN DIVORCE
PETITION FOR SPECIAL RELIEF
Plaintiff William R. Raber, Petitioner herein, by his attorneys, Snelbaker & Brenneman,
C. submits this Petition For Special Relief as follows:
Backeround
1. Petitioner William R. Raber is an adult individual residing at 1280 Hunters Ridge
Mechanicsburg, Cumberland County, Pennsylvania.
2. Respondent Denise M. Raber is an adult individual residing at 101 Silver Spring
Mechanicsburg, Cumberland County, Pennsylvania.
3. The parties were married on June 10, 2000 in Cumberland County, Pennsylvania.
4. Petitioner has filed concurrently with the filing of this Petition a Complaint in
5. The parties own the real estate located at 101 Silver Spring Road, Mechanicsburg,
real estate is improved with a residence (hereinafter the "Marital Residence").
6. The Marital Residence is encumbered by a mortgage held by GMAC Mortgage
(the "GMAC Mortgage").
7. Petitioner has not resided in the Marital Residence since October 30, 2005 at which
Respondent had changed the locks on the Marital Residence for purposes of denying
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SNELBAKER &
BRENNEMAN, P.C.
COUNTI
Petition for Exclusive Possession of Marital Residence
8. Paragraphs 1 through 7, above, are incorporated by reference herein in their entirety.
9. The parties' Marital Residence is a marital asset having substantial monetary value.
10. Since October 30, 2005 Respondent has resided in the Marital Residence and up to
April 2006 has paid the GMAC Mortgage payment due to her occupancy in the Marital
Residence.
11. Beginning in May 2006 Respondent has failed to make payment on the GMAC
Mortgage, which failure has caused GMAC Mortgage Corporation to declare the GMAC
Mortgage in default and to commence foreclosure proceedings.
12. The total amount past due under the GMAC Mortgage as of July 2006 is $3,057.47.
A true and correct copy of the Notice issued by GMAC Mortgage Corporation concerning
default under the GMAC Mortgage and its intention to proceed with foreclosure is attached
hereto and incorporated by reference herein as "Exhibit A".
13. Respondent, during the time she has lived in the Marital Residence to the exclusion
of the Petitioner, has failed to clean, repair and maintain the Marital Residence and to prevent
waste to the Marital Residence. There are holes in various locations in the interior walls of the
home and carpeting in portions of the home has been destroyed, among other examples of
Respondent's waste and neglect.
14. Petitioner desires to have exclusive possession of the Marital Residence in order to
repair and preserve that marital asset.
LAW OFFICES
SNELBAKER & -2
BRENNEMAN, P.C.
15. Petitioner is able to cure the default of the GMAC Mortgage and will do so promptly
upon being awarded exclusive possession of the Marital Residence.
16. Petitioner desires and intends to repair and clean the Marital Residence in
preparation for the sale of same as requested under Count II of this Petition.
17. Respondent spends a majority of her time residing at another location other than the
Marital Residence.
18. For the reasons stated above, Respondent has evidenced her clear intention not to
use, preserve and/or maintain a substantial marital asset of the parties.
WHEREFORE, Petitioner requests the Court to issue an Order granting Petitioner
exclusive possession of the Marital Residence at 101 Silver Spring Road, Mechanicsburg,
Pennsylvania.
COUNTII
Petition For Authorization to Sell Marital Residence
19. The averments of Paragraphs 1 through 18, above, are incorporated by reference
herein in their entirety.
20. Petitioner, if given exclusive possession of the Marital Residence, intends to repair
and maintain the Marital Residence for purposes of selling same.
21. Respondent has failed and refused to pay Silver Spring Township Authority for
sewer services provided the Marital Residence, which failure has resulted in notice that water
service to the Marital Residence may be terminated and substantial attorney's fees and costs will
LAW OFFICES
SNELBAKER of
BRENNEMAN, P.C.
be incurred on the sewer account in addition to the outstanding balance presently owed.
22. A voluntary sale of the Marital Residence would be more beneficial financially to the
marital estate than foreclosure and Sheriffs sale of the Marital Residence due to Respondent's
failure to pay the GMAC Mortgage.
23. For the reasons set forth in this Petition, Petitioner requests this Court to authorize
and direct that the Marital Residence be listed for sale through a real estate agent.
WHEREFORE, Petitioner requests this Court to issue an Order directing that the parties
list the Marital Residence for sale with the assistance of a real estate agent.
COUNT III
Petition to Enjoin Transfer and Disposition of Personal Property
24. The averments of Paragraphs 1 through 23, above, are incorporated by reference
herein in their entirety.
25. Respondent has moved various items of personal and marital property from the
Marital Residence such as, but not limited to, air conditioning units, furniture and furnishings.
26. The personal property and fixtures removed by Respondent from the Marital
Residence were not removed with the permission or knowledge of the Petitioner.
27. Respondent's removal of marital property makes it difficult, if not impossible,
identify accurately and value marital property for purposes of equitable distribution.
28. It is believed and therefore averred that Respondent is removing and disposing of
marital property for purposes of ensuring that Petitioner receives no benefit therefrom as part of
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SNELBAKER &
BRENNEMAN, P.C.
the equitable distribution of marital property.
WHEREFORE, Petitioner requests this Court to issue an Order enjoining Respondent
from removing, selling and disposing of in any way any personal property and marital property
from the Marital Residence or otherwise without first obtaining consent of this Court to do so.
SNELBAKER & BRENNEMAN, P. C.
BY: I
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Petitioner William R. Raber
Date: July 21, 2006
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C. -5
VERIFICATION
I verify that the statements made in the foregoing Petition 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 falsification to authorities.
William R. Raber
Date: ?111`K
LAW 0F[CES
SNELBAKER &
BRENNEMAN, P.C.
OMAC Mortgage Carporadon
PO Box 990
Waterloo ,IA 50704-0780
ACT 6 NOTICE
Date: 07)03106
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
HOMEOWNER'S NAME(S):
ADDRESS[
LOAN ACCT. NO.,
WILLIAM R RABER
101 SILVER SPRING ROAD
MECHANICSBURG PA 17050
0601366990
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE 16 FOR INFORMATION PURPOSES
ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
iATURE OF DEFAULT - The MORTGAGE debt held by the above loader an your property located at: 101
SILVER SPRING ROAD MECHANICSBURG PA 17050 IS SERIOUSLY IN
DEFAULT because:
YOU HAVE NOT MADE MONTI3LY MORTGAGE PAYMENTS for the following months and the
following mnou= are now past due: 05/01/06 thmugh 07/01)06- See attached Exhibit for payment breakdown,
Monthly Paymcnts $ 291807
Late Charges S 79.40
NSF S 0.00
Inspections $ 0.00
Other (Default Expenses and Fees) S 0 on
Optional Insurance S 0.00
Suspense S 0.00
TOTAL AMOUNT PAST DUE: S 3057.47
HOW TO CLTn THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice
BY PAYING THE TOTAL AMOUNT PAST DUE TO TIM LENDER, WHICH IS $ 305747, PLUS
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY
(30) DAY PERIOD,
ATTN: Payment Processing
PO Box 780
Waterloo ,IA 50704-0780
EXHIBIT A
WILLIAM R. RABER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. ?G 420 Z CIVIL TERM
DENISE M. RABER,
Defendant : CIVIL ACTION - LAW JUL 2 6 2006
IN DIVORCE d
ORDER
AND NOW, this 11r day of AWT? , 2006, upon consideration of the
Petition of William R. Raber For Special Relief, a RULE is issued upon Denise M. Raber to
show cause, if any she has, why William R. Raber should not be granted the relief requested in
the foregoing Petition.
RULE RETURNABLE within d days of service of this Order upon
J.
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LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
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WILLIAM RABER
Plaintiff
VS.
DENISE RABER
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
IN DIVORCE
NO. 06-4202
ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
AND NOW, comes the Defendant, Denice Raber, by and through her attorney,
Paul A. Cacciamani, Esquire, and files its Answer averring as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Denied. After reasonable investigation, Defendant are without
information or knowledge sufficient to form a belief as to the truth or falsity of this
averment; therefore, the same is denied and strict proof to the contrary is demanded at the
time of trial.
COUNTI
PETTION FOR EXCLUISVE POSSESSION
8. Paragraph 8 of Plaintiff's Petition is an incorporation clause to which no
response is required.
9. Admitted.
10. Admitted.
11. Denied. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
12. Denied as stated. It is admitted that the past due amount for the GMAC
Mortgage was $3,057.47. The mortgage on the marital home is now current. It is denied
that GMAC intends to proceed with foreclosure proceedings.
13. Denied.. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
14. Paragraph 14 of Plaintiff's Petition is a legal conclusion to which no
response is required. To the extent a response is required, it is denied. After reasonable
investigation, Defendant is without knowledge or information sufficient to form a belief
as to the truth of the averments contained in this paragraph, and, therefore, the averments
are denied and strict proof thereof is demanded at trial.
15. Denied. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
16. Denied. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
17. Denied. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
18. Denied. Paragraph 18 of Plaintiff's Petition is a legal conclusion to which
no response is required. To the extent that it is required, it is denied.
WHERFORE, Defendant respectfully requests this Honorable Court deny
granting Plaintiff exclusive possession of the marital residence at 101 Silver Spring Road,
Mechanicsburg, Pennsylvania.
COUNT II
PETTION FOR AUTHORIZATION TO SELL MARITAL RESIDENCE
19. Paragraph 19 of Plaintiff's Petition is an incorporation clause to which no
response is required.
20. Denied. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
21. Denied. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
22. Denied. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
23. Denied. Paragraph 23 of Plaintiffs Petition is a legal conclusion to which
no response is required. To the extent that it is required, it is denied
WHERFORE, Defendant respectfully requests this Honorable Court deny the
requested relief.
COUNT III
PETTION TO ENJOIN TRANSFER AND DISPOSITION OF PERSONAL
24. Paragraph 24 of Plaintiffs Petition is an incorporation clause to which no
response is required.
25. Denied. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
26. Denied. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
27. Denied. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
28. Denied. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
WHERFORE, Defendant respectfully requests this Honorable Court deny the
requested relief.
Respectfully submitted,
aul A. Cacciamani, Esquire
Attorney for Plaintiff
PA Attorney ID# 88331
1011 Mumma Road
Lemoyne, PA 17043-1145
(717) 975-9600
VERIFICATION
I verify that the statements made in the foregoing Complaint in Divorce 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 falsification to authorities.
DenDate: 2006
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V.
R. RABER : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
M. RABER,
NO. 06-4202 CIVIL TERM
Defendant CIVIL ACTION - LAW
IN DIVORCE
MOTION TO SCHEDULE HEARING ON PLAINTIFF'S
PETITION FOR SPECIAL RELIEF
William R. Raber, by his attomeys, Snelbaker & Brenneman, P. C., submits this Motion
in support thereof states the following:
1. On July 26, 2006 Plaintiff William R. Raber filed a Petition For Special Relief
inter" exclusive possession of the parties' marital residence, the authority from
Court to sell the marital residence and an order enjoining Defendant from transferring and
ng of personal property.
2. On August 8, 2006 Defendant filed an Answer to Plaintiffs Petition For Special Relief
ing that this Court deny Plaintiffs requests for relief.
3. The matters raised in Plaintiffs Petition and Defendant's Answer are ready to be
3 through a hearing to be held by the Court.
4. On August 15, 2006 Plaintiffs counsel spoke to Defendant's counsel and Defendant's
indicated that he had no objection to this Motion requesting a hearing be scheduled on
the Petition and Answer.
WHEREFORE, Plaintiff requests this Court to schedule a hearing on the Petition For
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
special Relief filed in this action by Plaintiff William R. Raber.
Respectfully Submitted,
SNELBAKER & BRENNEMAN, P. C.
BY:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
August 16, 2006 Attorneys for William R. Raber
LAW OFFICES
SNELBAKER &
BRENNEMAN. P.C.
-2-
VERIFICATION
I verify that the statements made in the foregoing Motion are true and correct. I
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
relating to unsworn falsification to authorities.
Keith O. Brenneman
August 16, 2006
LAW OFFICES
SNELBAKER &
BRENNEMAN• P.C.
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date,
a true and correct copy of the foregoing Motion to be served upon the person and in the
• indicated below:
FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
Paul A. Cacciamani, Esquire
1011 Mumma Road
Lemoyne, PA 17043-1145
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff Willaim R. Raber
August 16, 2006
LAW OFFICES
SNELSAKER &
BRENNEMAN, P.C.
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R. RABER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
M.RABER,
NO. 06-4202 CIVIL TERM
Defendant CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
TH OF PENNSYLVANIA)
OF CUMBERLAND
SS.
Keith O. Brenneman, Esquire, being duly swom according to law deposes and says: that
is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for
R. Raber, Plaintiff in the above captioned action in divorce; that on July 25, 2006 he did
to Defendant Denise M. Raber by certified mail, return receipt requested, restricted
delivery, duly certified copies of the Complaint in Divorce and Petition For Special Relief which
were filed in the above captioned action as evidenced by the attached cover letter of the same
and Receipt for Certified Mail No. 7003 1010 0000 8130 0647; that the Complaint, Petition
cover letter were duly received by an agent of the Defendant herein, as evidenced by the
receipt card for said certified mail dated July 27, 2006; that a copy of the aforementioned
cover letter dated July 25, 2006 is attached hereto and incorporated by reference herein as
"Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are
LAW OFFICES
SNELRAKER &
BRENNEMAN, P.C.
hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts
true and correct to the best of his knowledge, information and belief.
Keith O. Brenneman
to and subscribed before me
160i day of August, 2006.
Notary
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Susan L Matraa, Notary Public
Meohamosbur9 Boro, Cumberland County
My Canfrapaon E?#hes Nov 24,2W
Member, Pennsylvania Association Or Notaries
LAW OFFICES -2-
SNELBAKER Nt
BRENNEMAN, P.C.
SNELBAKER 8 BRENNEMAN, P.C.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
44 WEST MAN STREET
MECHANICSBURG, PENNSYLVANIA 17055
RICHARD C. SNELBAKER
P. BOX 318
KEITH O. HRENNEMAN 717-697.8528 FACSIMILE LE (717) 69
697-7681
July 25, 2006
Denise M. Raber
101 Silver Spring Road
Mechanicsburg, PA 17050
Re: Raber v. Raber
No. 2006-4202, Cumberland County, Pennsylvania
Dear Ms. Raber:
Enclosed please find a certified copy of a Divorce Complaint together with a time-
stamped copy of a Petition For Special Relief, the original of which were filed this date with the
Prothonotary in Cumberland County.
Please be guided accordingly.
Yours truly,
Keith O. Brenneman
KOB/sm
Enclosure
CC: William R. Raber (w/enclosure)
By certified mail, return receipt requested, restricted delivery,
Parcel No. 7003 1010 0000 8131 0647
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EXHIBIT B
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A
WILLIAM RAKER
Plaintiff
VS.
DENISE RABER
Defendant
RECEIVED AUG 0 no 2006
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
IN DIVORCE
NO. 06-4202
ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
AND NOW, comes the Defendant, Deniee Raber, by and through her attorney,
Paul A. Cacciamani, Esquire, and files its Answer averring as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Denied. After reasonable investigation, Defendant are without
information or knowledge sufficient to form a belief as to the truth or falsity of this
averment; therefore, the same is denied and strict proof to the contrary is demanded at the
time of trial.
COUNTI
PETTION FOR EXCLUISVE POSSESSION
8. Paragraph 8 of Plaintiff's Petition is an incorporation clause to which no
response is required.
9. Admitted.
10. Admitted.
It. Denied. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
12. Denied as stated. It is admitted that the past due amount for the GMAC
Mortgage was $3,057.47. The mortgage on the marital home is now current. It is denied
that GMAC intends to proceed with foreclosure proceedings.
13. Denied.. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
14. Paragraph 14 of Plaintiff's Petition is a legal conclusion to which no
response is required. To the extent a response is required, it is denied. After reasonable
investigation, Defendant is without knowledge or information sufficient to form a belief
as to the truth of the averments contained in this paragraph, and, therefore, the averments
are denied and strict proof thereof is demanded at trial.
15. Denied. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
16. Denied. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
17. Denied. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
18. Denied. Paragraph 18 of Plaintiff's Petition is a legal conclusion to which
no response is required. To the extent that it is required, it is denied.
4
WHERFORE, Defendant respectfully requests this Honorable Court deny
granting Plaintiff exclusive possession of the marital residence at 101 Silver Spring Road,
Mechanicsburg, Pennsylvania.
COUNT II
PETTION FOR AUTHORIZATION TO SELL MARITAL RESIDENCE
19. Paragraph 19 of Plaintiff's Petition is an incorporation clause to which no
response is required.
20. Denied. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
21. Denied. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
22. Denied. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
23. Denied. Paragraph 23 of Plaintiff s Petition is a legal conclusion to which
no response is required. To the extent that it is required, it is denied
WHERFORE, Defendant respectfully requests this Honorable Court deny the
requested relief.
COUNT III
PETTION TO ENJOIN TRANSFER AND DISPOSITION OF PERSONAL
PROPERTY
24. Paragraph 24 of Plaintiff s Petition is an incorporation clause to which no
response is required.
25. Denied. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
26. Denied. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
27. Denied. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
28. Denied. After reasonable investigation, Defendant is without information
or knowledge sufficient to form a belief as to the truth or falsity of this averment;
therefore, the same is denied and strict proof to the contrary is demanded at the time of
trial.
WHERFORE, Defendant respectfully requests this Honorable Court deny the
requested relief.
Respectfully submitted,
aul A. Cacciamani, Esquire
Attorney for Plaintiff
PA Attorney ID# 88331
1011 Mumma Road
Lemoyne, PA 17043-1145
(717) 975-9600
VERIFICATION
I verify that the statements made in the foregoing Complaint in Divorce 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: 2006
Denice aber
"%'
AUG 16 2006
IN THE COURT OF COMMOAT PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-4202 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
ORDER
WILLIAM R. RABER,
V.
DENISE M. RABER,
AND NOW, this a+ l day of
Plaintiffs Motion to Schedule a Hearing on the Petition of William R. Raber For Special Relief,
it is hereby ORDERED that a hearing is scheduled on the foregoing Petition to take place on the
a ^day of 2006 at 4?,3v dcloc:A.m. in Courtroom N3of
the Cumberland County Courthouse in Carlisle,
Plaintiff
Defendant
Nzl- , 2006, upon consideration of
BY THE COURT:
i.
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
. A
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A?fOlUIvOHiU'dd 3k?1 do
WILLIAM RABER,
Plaintiff
vs.
DENICE RABER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
IN DIVORCE
NO. 06-4202 CIVIL TERM
PETITION FOR SPECIAL RELIEF
Defendant, Denice Raber, Petitioner herein, by her attorneys, Cipriani & Werner, P.C.,
submits this Petition for Special Relief as follows:
COUNTI
PETITION FOR EXCLUSIVE POSSESSION
1. Petitioner, Denice Raber, is an adult individual residing at 101 Silver Spring
Road, Mechanicsburg, Cumberland County, Pennsylvania.
2. Respondent, William Raber, is an adult individual residing at 1280 Hunters Ridge
Drive, Mechanicsburg, Cumberland County, Pennsylvania.
3. The parties were married on June 10, 2000 in Mechanicsburg, Cumberland
County, Pennsylvania.
4. An Action for Divorce was filed with this Court on July 25, 2006.
5. The parties own the real estate located at 101 Silver Spring Road, Mechanicsburg,
which real estate is improved with a residence (hereinafter the "marital residence").
6. The parties resided in the Marital residence together with Petitioner's minor son,
Jeremy Nevius from October 2002 until October 30, 2005.
7. On October 30, 2005, Respondent abandoned the residence.
8. Since October 30, 2005, Petitioner and her minor son have resided in the marital
residence.
9. Since October 30, 2005, Petitioner has made all mortgage payments on the marital
residence.
10. Moreover, Petitioner has paid for all utilities associated with the upkeep of the
marital residence.
11. Respondent has not made nor has he offered to make any of the mortgage
payments or payments of the utility bills.
12. Respondent has appeared at the marital residence when Petitioner was not present,
however Petitioner's minor son was present in the marital residence. Respondent has harassed
and threatened Petitioner's minor son.
13. Respondent has appeared at the marital residence when Petitioner is present, and
he harassed and threatened Petitioner.
14. Respondent enters the marital property when Petitioner is not present and has
removed various items of Petitioner's personal property including but not limited to Petitioner's
personal financial records, and Petitioner's children's school records.
15. Respondent's ongoing course of conduct has made Petitioner's living conditions
intolerable.
16. Petitioner respectfully requests This Honorable Court to grant her exclusive
possession of the marital residence for the following reasons:
a. Petitioner has made all mortgage payments on the marital residence;
b. Petitioner has paid for all utilities associated with the upkeep of the
Marital residence;
C. Respondent's course of conduct has made life intolerable for Petitioner
and Petitioner's minor son; and
d. Other reasons to be set forth at the time of hearing.
WHEREFORE, Petitioner requests this Court to issue an Order granting Petitioner
exclusive possession of the marital residence at 101 Silver Spring Road, Mechanicsburg,
Pennsylvania.
COUNT II
PETITION TO ENJOIN TRANSFER AND DISPOSITION OF PERSONAL PROPERTY
17. The averments of Paragraphs 1 through 23, above, are incorporated by reference
herein in heir entirety.
18. Respondent has repeatedly entered the marital residence and removed various
items of personal and marital property including but not limited to the parties' financial records,
camping equipment, two televisions and stereo equipment.
19. The personal property and fixtures removed by Respondent from the Marital
residence were not removed with the permission or knowledge of Petitioner.
20. Respondent has repeatedly made threats to remove further marital and Petitioner's
personal property from the marital residence.
21. Respondent continues to repeatedly appear at the marital residence when
Petitioner was at work and remove items of Petitioner's personal property and marital property.
22. Petitioner believes and therefore avers that Respondent is removing marital
property and Petitioner's personal property to ensure Petitioner receives no benefit from the
equitable distribution of marital property.
WHEREFORE, Petitioner requests this Honorable to Court to issue an Order enjoining
Respondent from removing, selling and/or disposing of any personal or marital property from
the marital residence or otherwise without first obtaining consent of this Honorable Court.
Respectfully submitted,
CIPRIANI & WERNER, P.C.
BY:
aul A. Cacciamani, Esquire
Attorney I.D. 88331
1011 Mumma Road, Suite 201
Lemoyne, PA 17043
(717) 975-9600
Date:
VERIFICATION
I verify that the statements made in the foregoing Complaint in Divorce 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.
Denice Raber
Date: Q<? , 2006
WILLIAM RABER,
Plaintiff
vs.
DENICE RABER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NO. 06-4202 CIVIL TERM
ORDER
AND NOW, this day of 2006, upon consideration of
the Petition of Denice Raber for Special Relief, a RULE is issued upon William Raber to show
cause, if any he has, why Denice Raber should not be granted the relief requested in the
foregoing Petition.
RULE RETURNABLE within J o
Respondent.
days of service of this Order upon
THE COURT:
J.
? 7BY: EIVEG 3 1 _-
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
yip,}?'?ti I >'df:ad
eh :I I I-IV S- dlS 9002
A8Vi NQ` _C'3 31H1 J0
w
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
William Raber, CASE NUMBER: 06-4202
Plaintiff ISSUE NUMBER:
V.
PLEADING:
Denice Raber,
PRAECIPE TO FILE CERTIFICATE OF
Defendant SERVICE
CODE AND CLASSIFICATION:
FILED ON BEHALF OF:
Defendant.
COUNSEL OF RECORD
PAUL A. CACCIAMANI, ESQUIRE
Pa. ID# 88331
CIPRIANI & WERNER' P.C.
1011 Mumma Road, Suite 201
Lemoyne, PA 17043
(717) 975-9600
46
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
William Raber, ) CASE NO: 06-4202
Plaintiff )
V. )
Denice Raber, )
I
Defendant )
PRAECIPE TO FILE CERTIFICATE OF SER SCE
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Kindly file the attached Certificate of Service evidencing service of the Court's
September 5, 2006 Rule issued upon the Plaintiff regarding Defendant's Petition for
Special Relief.
Respectfully submitted,
CIPRIANI & WERNER,, P.C.
BY:
PAUL A. CACCIAMANjI, ESQUIRE
Attorney for the Defendant
s
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
William Raber, ) CASE NO: 06-4202
I
Plaintiff )
I
V. )
Denice Raber, )
I
Defendant )
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the Court's September 5, 2006
Rule issued upon Plaintiff regarding Defendant's Petition for Special Relief has been
served on all counsel of record, by first class mail, postage pre-paid, according to the
Pennsylvania Rules of Civil Procedure, on the 7- day of
2006 as follows:
Keith Brenneman
44 W. Main St
Po Box 318
Mechanicsburg, PA 17050
II
Respectfully submitted,
I & WERNER,! P.C.
BY:
Z.AULACAC
MAN;I, ESQUIRE
Attorney for the Defendant
CERTIFICATE OF SERVICE
That counsel for the Defendant hereby certifies that a true and correct copy of its
PRAECIPE TO FILE CERTIFICATE OF SERVICE has been served on all counsel of
record, by first class mail, postage pre-pai accordin to the Pennsylvania Rules of Civil
Procedure, on the day of , 2006.
Keith Brenneman
44 W. Main St
Po Box 318
Mechanicsburg, PA 17050
I
I
Respectfully submitted,
NI & WERNER,j P.C.
BY: / 4
PAUL-A-CACE?MNI, ESQUIRE
Attorney for the Defendant
c? ^} C
r- -Ti
?1
t
WILLIAM R. RABER,
Plaintiff/Respondent
V.
DENISE M. RABER,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-4202 CIVIL TERM
CIVIL ACTION -LAW
IN DIVORCE
PLAINTIFF'S RESPONSE TO PETITION FOR SPECIAL RELIEF
Plaintiff William R. Raber, by his attorneys, Snelbaker & Brenneman, P. C., submits this
Response to the Petition For Special Relief filed by Denice Raber as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted, with the qualification that the divorce action was initiated and filed by
Plaintiff.
5. Admitted.
6. Admitted in part; denied in part. It is admitted that the parties resided together in the
marital residence from October 2002 until October 30, 2005. It is denied that the parties resided
together during that time with Petitioner's minor son, Jeremy Nevius. On the contrary, the
parties resided with Petitioner's minor son from June 2005 to October 30, 2005.
7. Admitted in part; denied in part. It is admitted that on October 30, 2005 Plaintiff
stopped living at the residence. It is denied that Plaintiff "abandoned" the residence. On the
contrary, Defendant/Petitioner had the locks on the residence changed for purposes of denying
Plaintiff access to his house after Petitioner made Plaintiffs living conditions in the residence
LAW OFFICES intolerable.
SNELBAKER &
BRENNEMAN, P.C.
8. Admitted, with the qualification that Petitioner's minor son is 16 years of age.
9. Denied. It is denied that Petitioner has made all mortgage payments on the residence
since October 30, 2005. On the contrary, Petitioner failed to make mortgage payments for the
months of May, June and July 2006 and August, 2006. Petitioner's failure to pay the May, June
and July mortgage payments in part caused Plaintiff on July 25, 2006 to file a Petition For
Special Relief with this Court requesting that Plaintiff be granted exclusive possession of the
marital residence or in the alternative, that the residence be sold.
10. Denied. It is denied that Petitioner has paid for all utilities associated with the
"upkeep" of the marital residence or that Petitioner has maintained the marital residence. On the
contrary, Petitioner has failed to pay the sewer charges assessed by the Silver Spring Township
Authority (the "Authority") as noted by the letter dated June 22, 2006 from the Authority, a true
and correct copy of which is attached hereto and incorporated herein as "Exhibit A". In addition,
Petitioner has failed to maintain the marital residence and property as noted on the Petition For
Special Relief filed by Plaintiff July 25, 2005, the averments of which Petition are incorporated
by reference herein.
11. Admitted in part; denied in part. It is admitted that Respondent has not paid any of
the mortgage payments or payments of utility bills. It is denied that Respondent has not offered
to contribute to payment of expenses. On the contrary, Respondent has made such offers.
12. Admitted in part; denied in part. It is admitted that Plaintiff appeared at the marital
residence when Petitioner was not present and when Petitioner's minor son was in the marital
residence. It is denied that Plaintiff has harassed and threatened Petitioner's minor son.
-2-
LAW OFFICES
SNELBAKER &
BRENNEMAN. P.C.
13. Admitted in part; denied in part. It is admitted that Respondent has appeared at the
tal residence when Petitioner was present. It is denied that Respondent has harassed and
Petitioner in any manner. By way of further answer, Plaintiff, being a co-owner of
residence, is permitted to be in the marital residence and on the property at 101 Silver Spring
14. Admitted. It is admitted that Respondent entered the marital property when
etitioner was not present. It is also admitted that Respondent removed the filing cabinet that
the parties' financial information. To the extent that financial information pertains to
, Respondent's attorney is in possession of such information, which information will be
available to Petitioner's counsel.
15. Denied. It is denied that any conduct by Respondent or course of conduct by the
has made living conditions of the Petitioner intolerable.
16. Denied. It is denied that Petitioner has any basis for the Court to grant her exclusive
of the marital residence. For the reasons set forth above in this Response, it is denied
Petitioner has made all mortgage payments on the marital residence as alleged and that
itioner has paid for all utilities associated with the marital residence. Finally, it is denied that
has engaged in any conduct or course of conduct that has made life intolerable for
itioner and Petitioner's minor son.
17. The averments of Paragraphs 1 through 16, inclusive, of this Response are
by reference in Paragraph 17 hereof. By way of further response, it is denied that
are 23 paragraphs in Defendant's Petition.
LAW OFFICES -3-
SNELBAKER &
BRENNEMAN, P.C.
18. Admitted in part; denied in part. The averments of Paragraph 14 of Plaintiffs
are incorporated by reference herein. By way of further response, the camping
removed by Respondent was non-marital property, the stereo equipment was
stereo equipment and one of the two televisions that was taken was owned solely
Respondent's brother, with the other owned by Respondent' friend.
19. Admitted in part; denied in part. Although it is admitted that personal property
by the Respondent from the residence was not removed with the permission or
ledge of the Petitioner, Respondent has no obligation to advise Petitioner of his intention to
those items which are non-marital property or otherwise not the property of the
itioner. It is denied that Respondent removed any "fixtures" as alleged in Paragraph 19 of the
tion, there being no "fixtures" identified by the Petitioner.
20. Denied. It is denied that Respondent has made repeated threats to remove any of
(Petitioner's personal property or other marital property from the residence.
21. Denied. It is denied that Respondent continues to appear at the marital residence and
(remove Petitioner's personal property and marital property.
22. Paragraph 22 of the Petition sets forth Petitioner's beliefs, to which no response is
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
required by this party. To the extent a response is required, it is denied that Respondent is
removing any property or Petitioner's personal property for the reasons set forth above in this
Response or that he is removing same for purposes of ensuring Petitioner receives no benefit
from the equitable distribution of marital property.
-4-
WHEREFORE, Respondent requests this Court to deny Petitioner's request for relief set
in her Petition For Special Relief.
SNELBAKER & BRENNEMAN, P. C.
BY:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
September 21, 2006 Attorneys for Plaintiff/Respondent William R. Raber
-5-
LAW OFFICES
SNELBAKER 8C
BRENNEMAN, P.C.
n n SILVER SPRING TOWNSHIP AUTHORITY
SILVER
SPRING TWP.
June 22, 2006
Certified #: 7005 1820 0004 7317 3123
Mr. William R. Raber
101 Silver Spring Road
Mechanicsburg, PA 17050
RE: Sewer Account 496
Dear Mr. Raber:
Our records indicate that your sewer rental account has entered into a delinquent status.
The present balance due to the Silver Spring Township Authority is $268.84.
Authority policy requires that the summary of collection charges be sent along with all
delinquent account notifications, which is enclosed with this letter.
Please pay the full amount due by 2:00 PM on July 24, 2006. Accounts not paid by that
date/time are required to be turned over to the Authority Solicitor for collections, as per
Resolution A-2005-03. If you have any questions, regarding this matter, please contact
the Authority office at 591-1370.
Sincerely,
James A. Stevens
Authority Manager
Enclosure
JAS/vam
cc: File
EXHIBIT A
31 E. Main Street, P.O. Boa 1001 * New Kingstown, PA 17072-1001 * (717) 591-1370 * (717) 591-1373 FAX
VERIFICATION
I verify that the statements made in the foregoing Response to Petition For Special Relief
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.
William R. Raber
(Date: September 21, 2006
LAW OFFICES
SSNEL13AKER &
BRENNEMAN, P.C.
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date,
caused a true and correct copy of the foregoing Response to Petition For Special Relief to be
served upon the person and in the manner indicated below:
FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
Paul A. Cacciamani, Esquire
1011 Mumma Road
Lemoyne, PA 17043-1145
6kv\-??
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff William R. Raber
Date: September 21, 2006
LAW OFFICES
SNELEIAKER &
BRENNEMAN, P.C.
C?y
r? is ? ; ?,
G
co
V.
R. RARER,
Plaintiff/Respondent
M. RABER,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-4202 CIVIL TERM
CIVIL ACTION -LAW
IN DIVORCE
MOTION TO APPROVE STIPULATION
Plaintiff William R. Raber, by his attorneys, Snelbaker & Brenneman, P. C. submits this
to Approve Stipulation and in support thereof states the following:
1. On July 25, 2006 Plaintiff William R. Raber filed a Petition For Special Relief
inter alia, exclusive possession of the parties' marital residence at 101 Silver Spring
Mechanicsburg, Pennsylvania.
2. On August 30, 2006 Defendant Denice M. Raber filed a Petition For Special Relief
inter alia, exclusive possession of the parties' marital residence at 101 Silver Spring
Mechanicsburg, Pennsylvania.
3. The parties have, through their respective counsel, entered into a Stipulation, a copy of
hich is attached hereto and incorporated by reference herein as "Exhibit A", which Stipulation
Ives the parties' differences with respect to the marital residence and matters raised in their
petitions for special relief.
4. Pursuant to the parties' Stipulation, the parties have agreed that their Stipulation shall
approved by and incorporated into an Order of this Court.
5. Defendant's counsel, Paul A. Cacciamani, Esquire consents to this Motion being
submitted to the Court for the purposes noted herein.
LAW OFFICES
SNELBAKER &
BRENNEMAN,f.C.
WHEREFORE, Plaintiff requests this Court to issue an Order approving and
incorporating the parties' Stipulation into an Order of this Court.
SNELBAKER & BRENNEMAN, P. C.
BY:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff William R. Raber
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
Date: September 26, 2006
-2-
00 0 2
09/25/06 ? MON ?14 :r29 FAX ?,? n ? t aNELDA.KER&BRENNEXAN, P , C . U?6
1
l
I
WILLIAM R. RABER, IN THE COURT OF COMMON PLEAS OF
Plaintiffllt,espondent CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-4202 CIVIL TERM
DENISE M. RAISER,
l Defundant/Petitioner CIVIL ACTION --LAW
IN DIVORCE
STIPULATION
Keith O. Bre=erna-a, Esquire, attorney for Plaintiff William R. Raber itl the above-
captioned action and Paul A. Caccia n.a,ni, Esquire, attorney for Defcndant Deni.cc lvl„ Rabcf in
abuvc-captioned action, with authority and consent of tY,u;ir respective clients, hereby agree
stipulate and thereby bind their.respective clients as follows:
1. The Petition For Special Relief filed on behalf of William. R. Ra;ber ora July 25, 2006
„is hcretly withdrawn without prejudice.
2- The Petition For Special Relief filed on behalf of Defendant Denice M. Raber on
30, 2006 is hereby withdrawn without prejudice..
I 3. Denice M. Raber shall move from and no longer reside; at the residence and rroperty
?rswne d by the panics located at 101 Silver Spring Road, Mechanicsburg (the "Marital
Reside+?.c?"} oii or bc;forc October 15, 2006,
i
II 4, William R. Raber agrees that he will make repairs to the Marital Residence for
I
?of selling same.
5, William R.. Raber agrees to list the; Marital Residence for sale throw a licensed
and/or licensed real estate agent selected by him within sixty days of October 15, 2006,
6, 7ha parties agree that the Marital Residence will be listed for sale at a price of no less
1 ^w IIFFic__ J?han 51.65,000 unless a lower price is otherwise agreed to by the parties.
.??n_L5AK tk, ?t
P C:
EXHIBIT A
Ap'125 / 0 a, ,
MON 14.29 FAX 0003
1LI1N ini rlronrruar bNbLbAht:H&,.BRbNNEMAN.P,C:. 007
I1
` 7. The parties agree promptly to sign all listing agreements, contracts and documents and
to complete all. documents necessary and. customary to list for sale the Marital Residence, sell the
Marital Residence and close on the sale of the Marital Residence,
8. The parties agree that this Stipulation shall be approved by and become part of an
Ordcr of Court,
Snelbaker & Brcrincman, P. C.
BY: Keith O. Brenneman
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-5528
Attorney for Plaintiff William R. Raber
Cipriani & Weimer, P. C.
By: ??L4
*aA iamarii, Esquire
a Road; Ste_ 201.
Lemoyne, PA 17043-1145
(717) 975-9600
Attorney for Dcfendant Denice M. R.abe,r.
Datc: ?II ?,d(
Date: ez' oz
L:,V\ 7FFi,7Et5 Il _2?
5NE:.UApr, F? er
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date,
caused a true and correct copy of the foregoing Motion to Approve Stipulation to be served upon
the person and in the manner indicated below:
FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS:
Paul A. Cacciamani, Esquire
1011 Mumma Road
Suite 201
Lemoyne, PA 17043-1145
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff William R. Raber
Date: September 26, 2006
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
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WILLIAM R. RABER,
Plaintiff/Respondent
V.
DENISE M. RABER,
Defendant/Petitioner
SEP 2 6 2006
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-4202 CIVIL TERM
CIVIL ACTION -LAW
IN DIVORCE
ORDER
AND NOW, this day of , 2006, upon consideration of the
'Stipulation and the Motion of Plaintiff William R. Raber To Approve Stipulation, it is
ORDERED that the parties' Stipulation attached to the Motion as Exhibit A is hereby
and incorporated into this Order of Court.
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LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
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WILLIAM R. RABER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 06-4202 CIVIL TERM
DENISE M. RABER,
Defendant CIVIL ACTION -LAW
IN DIVORCE
NOTICE
IF YOU WISH TO DENY ANY STATEMENTS SET FORTH IN THE ATTACHED
AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY (20) DAYS
AFTER THE ATTACHED AFFIDAVIT HAS BEEN SERVED UPON YOU OR THE
STATEMENTS WILL BE ADMITTED.
AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE
1. The parties to this action separated on October 30, 2005 and have continued to live
separate and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. 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. § 4904 relating to unsworn
falsification to authorities.
Date: October 30, 2007 _,"14k
William R. Raber, Plaintiff
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
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CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
a true and correct copy of the foregoing Affidavit served upon the person and in the
indicated below:
FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS:
Paul A. Cacciamani, Esquire
Cipriani & Werner, P. C.
1011 Mumma Road
Suite 201
Lemoyne, PA 17043
By:
Date: October 31, 2007
SNELBAKER & BRENNEMAN, P.C.
Keith O. Brenneman, Esquire
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff William R. Raber
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
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WILLIAM R. RABER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 06-4202 CIVIL TERM
DENISE M. RABER,
Defendant CIVIL ACTION -LAW
IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
William R. Raber, Plaintiff moves this Court to appoint a master with respect to the following claims:
(x) Divorce (x) Distribution of Property
O Annulment O Support
() Alimony () Counsel Fees
() Alimony Pendente Lite () Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims(s) for which the appointment of a master is requested.
(2) The Defendant has appeared in the action by his attorney,
(3) The statutory grounds for divorce is Section 3301(d).
(4) Delete the inapplicable paragraph(s):
(a) The "on is net .
(b) An agreement has been reached with respect to the following claims: None.
(c) The action is contested with respect to the following claims: equitable distribution, alimony,
counsel fees, costs and expenses.
(5) The action (invelves)(does not involve) complex issues of law or fact.
(6) The hearing is expected to take one half day.
Date
Keith O. Brenneman, Esquire
Attorney for Plaintiff
ORDER APPOINTING MASTER
AND NOW, this day of , 2007, E. Robert Elicker, II, Esquire is appointed
Master with respect to the following claims:
BY THE COURT:
(7) Additional information, if any, relevant to the motion: N/A.
October 30, 2007
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CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
(caused a true and correct copy of the foregoing Motion For Appointment of Master served upon
the person and in the manner indicated below:
FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
Paul A. Cacciamani, Esquire
Cipriani & Werner, P. C.
1011 Mumma Road
Suite 201
Lemoyne, PA 17043
SNELBAKER & BRENNEMAN, P.C. ? 1*7?
By:
Keith O. Brenneman, Esquire
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff William R. Raber
Date: October 30, 2007
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
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WILLIAM R. RABER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 06-4202 CIVIL TERM
DENISE M. RABER,
Defendant CIVIL ACTION -LAW
IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
William R. Raber, Plaintiff moves this Court to appoint a master with respect to the following claims:
(x) Divorce (x) Distribution of Property
() Annulment () Support
() Alimony () Counsel Fees
() Alimony Pendente Lite () Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims(s) for which the appointment of a master is requested.
(2) The Defendant has appeared in the action by his attorney,
(3) The statutory grounds for divorce is Section 3301(d).
(4) Delete the inapplicable paragraph(s):
(a) The aefien is not eentested.
(b) An agreement has been reached with respect to the following claims: None.
(c) The action is contested with respect to the following claims: equitable distribution, alimony,
counsel fees, costs and expenses.
(5) The action (iavelws)(does not involve) complex issues of law or fact.
(6) The hearing is expected to take one half day.
(7) Additional information, if any, relevant to the motion: N/A.
Date: October 30, 2007 1 lkvl?
Keith O. Brenneman, Esquire
Attorney for Plaintiff
ORDER APPOINTING MASTER
AND NOW, this 5 day of , 2007, E. Robert Elicker, II, Esquire is appointed
Master with respect to the following claims:
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WILLIAM R. RABER,
Plaintiff
V.
DENISE M. RABER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-4202 CIVIL TERM
CIVIL ACTION -LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
July 25, 2006.
2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of the filing and service of the Complaint.
3. 1 consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
4. 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.
Date: J-CV" t (21 ZDo$
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William R. Raber
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
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WILLIAM R. RABER,
Plaintiff
V.
DENISE M. RABER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-4202 CIVIL TERM
CIVIL ACTION -LAW
: IN DIVORCE
PLAINTIFF'S 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 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.
4. 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.
Date: J ad f It, 2005
illiam R. Raber
LAW OFFICES
SNELBAKER &
BRENNEMAN. P.C.
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WILLIAM R. RABER,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-4202 CIVIL TERM
DENISE M. RABER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
July 25, 2006.
2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of the 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 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.
Date:
Denice M. Raber
LAW OFFICES
SNELSAKER &
BRENNEMAN, P.C.
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WILLIAM R. RABER,
Plaintiff
V.
DENISE M. RABER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-4202 CIVIL TERM
CIVIL ACTION -LAW
IN DIVORCE
DEFENDANT'S 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 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.
4. 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.
Date: ( ?l `I O U _--
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Denice M. Raber
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
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WILLIAM R. RABER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 06-4202 CIVIL TERM
DENISE M. RABER,
Defendant CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO: Prothonotary of Cumberland County:
Please 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 Complaint: July 27, 2006 on Defendant by certified
mail, restricted delivery (see Acceptance of Service filed August 20, 2006 herein).
3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the
Divorce Code: by the Plaintiff: June 18, 2008; by the Defendant: June 14, 2008.
4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff:
June 18, 2008; by the Defendant: June 14, 2008.
5. Related pending claims: None.
Attorneys for Plaintiff
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
Date: June 18, 2008
SNELBAKER & BRENNEMAN, P. C.
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WILLIAM R. RABER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 06 - 4202 CIVIL
DENISE M. RABER,
Defendant IN DIVORCE
ORDER OF COURT
AND NOW, this '?3r?- day of ,
2008, the economic claims raised in the proceedi s having been
resolved in accordance with a post-nuptial agreement dated June
18, 2008, 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,
cc: /Keith 0. Brenneman
Attorney for Plaintiff
? Paul A. Cacciamani
Attorney for Defendant
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POST-NUPTIAL AGREEMENT 71- THIS AGREEMENT, made this ($ day of 2008, by and
between:
WILLIAM R. RABER, party of the first part,
hereinafter "Husband"
AND
DENICE M. RABER, party of the second part,
hereinafter "Wife"
WITNESSETH:
WHEREAS, Husband and Wife (collectively referred to herein as the "parties") were
married to each other on June 10, 2000 in Mechanicsburg, Pennsylvania; and
WHEREAS, the parties last resided with each other at 101 Silver Spring, Road,
Mechanicsburg, Cumberland County, Pennsylvania.
WHEREAS, the parties have accumulated certain assets and incurred certain debts during
their marriage; and
WHEREAS, certain differences have arisen between the parties, as a consequence of
which they have separated on October 30, 2005 (the "separation date") and have continued to
live separate and apart from each other; and
WHEREAS, the parties agree that their marriage is irretrievably broken; and
WHEREAS, Husband on July 25, 2006 commenced an action in divorce docketed to No.
2006-4202 in the Court of Common Pleas of Cumberland County, Pennsylvania (hereinafter the
"Divorce Action");,and
WHEREAS, the parties acknowledge that each has had the full opportunity to be advised
independently and represented by separate counsel concerning their respective rights, duties and
obligations arising out of their marital status and with respect to the terms and provisions of this
Post-Nuptial Agreement and the meaning and legal effect thereof, with Husband being
represented by Keith O. Brenneman, Esquire and Wife being represented by Paul A. Cacciamani,
Esquire, and
WHEREAS, the parties having a full opportunity to be so advised of their respective
rights, duties and obligations arising out of their marital status, and each having a full
opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's
property and their jointly owned assets and liabilities, have come to an agreement for the final
settlement of their property and affairs, which they believe to be fair, just and equitable.
NOW THEREFORE, in consideration of these presents and the mutual covenants,
promises, terms and conditions hereinafter set forth and to be kept and performed by each party
hereto, and intending to be legally bound hereby, the parties mutually agree as follows:
1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are
incorporated by reference herein in their entirety.
2. MUTUAL SEPARATION. Husband and Wife shall be free from constraint or control
by the other as fully as if he or she were unmarried. Neither shall disturb, trouble nor interfere in
any way with the other or with any person for associating with the other.
3. PERSONAL PROPERTY. The parties declare and agree that they have, prior to the
execution of the Post-Nuptial Agreement (the "Agreement"), divided and distributed between
themselves all of the parties' personal property, furniture and furnishings which they acquired
either before or during their marriage, whether or not said property is or would be deemed to be
marital property under the Pennsylvania Divorce Code and subject to equitable distribution.
2
Each party agrees that each shall have and possess, free of all claim or interest of the other, all
items of personal property, furniture and furnishings in his or her respective possession.
The parties declare and acknowledge that they are fully aware and familiar with all assets
and real property that each has brought into the marriage and that has been obtained or acquired
separately or jointly by them during the course of their marriage and therefore waive any
valuation thereof. Each party expressly releases the other of and from any and all right of
equitable distribution or claims to assets and property of any kind or nature whatever possessed
in accordance with this Agreement by the other party and hereby declares and acknowledges
that the voluntary division by them of all property, whether marital or not, is fair and equitable
and that either party may sell, dispose of, encumber or transfer any property in his or her
possession free of any claim or interest of the other.
4. FORMER MARITAL RESIDENCE AT 101 SILVER SPRING ROAD
MECHANICSBURG.
Husband and Wife acknowledge that they acquired during their marriage real property
improved with a residential dwelling located at 101 Silver Spring Road, Mechanicsburg. The
parties further acknowledge that the property was sold, with the closing on the sale taking place
on June 26, 2007, as a result of which, the parties received proceeds of $26,148.31, representing
net proceeds from the sale of the property of $25,014.43 and a refund of $1,133.88 from the
closing of the escrow account. Wife agrees promptly to endorse and return to Husband's
attorney the reissued $1,133.88 check from GMAC mortgage upon its delivery to Wife's
attorney. The parties agree that the foregoing proceeds, which are being held by Husband's
attorney in a trust account, shall be distributed to Wife and Husband, with Wife to receive
$15,500.00 and Husband to receive $10,648.31. The amount to be paid to Wife shall be paid to
Wife's attorney immediately upon delivery to Husband's attorney of (a) this Agreement executed
3
by Wife; (b) Wife's executed consent and waiver forms noted in Paragraph 12, below; and (c) the
title to the Harley Davidson motorcycle described in Paragraph 5, below, properly executed by
Wife and notarized. Similarly, funds shall be released to Husband in the amount noted above
upon Husband's execution and delivery to Husband's attorney of this Agreement and Husband's
consent and waiver forms.
5. AUTOMOBILES AND MOTOR VEHICLES. The parties acknowledge that they
acquired during their marriage a 1991 Harley Davidson motorcycle. Wife agrees that she shall
execute concurrently with her execution of this Agreement, the title to the motorcycle for
purposes of transferring title to same into Husband's name alone. Husband shall retain sole and
exclusive ownership, possession and use of the motorcycle, free of any claim or interest of Wife.
The parties further acknowledge that they acquired during their marriage a Volkswagen, and that
Husband conveyed his interest in that vehicle to Wife after their separation. Wife shall retain
sole and exclusive ownership, possession and use of the Volkswagen and any other vehicles
subsequently acquired by Wife and titled in her name. Husband shall retain sole and exclusive
ownership, possession and use of any vehicle or vehicles subsequently acquired by Husband and
titled in his name.
6. BANK ACCOUNTS. The parties acknowledge that all bank accounts, whether or not
jointly held by the parties during their marriage, have been either closed or divided to their
satisfaction.
7. MARITAL DEBT AND FUTURE OBLIGATION. The parties acknowledge and
covenant that there are no existing joint debt obligations in their names.
The parties acknowledge and agree that any and all debt and obligations incurred by
either of them at any time prior to the date hereof and subsequent to the date of this Agreement
4
shall be the sole and separate liability and responsibility of the party incurring the debt or
obligation and each party agrees that he/she will not incur or attempt to incur any debt or
obligations for or on behalf of the other party and will indemnify and hold harmless the other
party of and from any and all claims, liability and attorney's fees arising from such future
obligation and any other debts and obligations incurred prior to the parties' separation or divorce
for which such party is obligated under the terms of this Post-Nuptial Agreement.
8. PENSION. RETIREMENT BENEFITS AND INVESTMENT ACCOUNTS.
The parties represent and warrant that neither has during the course of their marriage
been vested in, received or participated in any employment retirement or pension benefit or
account. Each party releases the other of and from any claim that each may have, if any, to any
employment or employee benefits of any nature of the other.
9. B. C. RIVERS AUTOMOTIVE SPECIALISTS, INC./RABER'S
AUTOMOTIVE & PERFORMANCE, INC.
Husband represents and warrants that after the date of separation, Husband incorporated
Raber's Automotive & Performance, Inc. and purchased the company B. C. Rivers Automotive
Specialists, Inc. Wife waives and releases any and all claims she may have against the above
two corporations and stock, inventory and accounts therein.
10. COUNSEL FEES. Each party to this Post-Nuptial Agreement shall be responsible
for paying his or her own counsel fees and related costs associated with the initiation and
processing of the Divorce Action and the negotiation, execution and consummation of the
provisions of this Post-Nuptial Agreement.
11. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE.
Each party waives and forever releases the other party of and from any and all claims
which either may have against the other for spousal support and for claims which either may
have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the
divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente
lite, equitable distribution of marital property, counsel fees, cost and expenses, except that the
performance of any obligation created hereunder may be enforced by any remedies under the
Pennsylvania Divorce Code.
12. DIVORCE. The parties agree to terminate their marriage by mutual consent and
each agrees to execute concurrently with his or her execution of this Agreement, the necessary
affidavits, waivers and consents in the Divorce Action.
13. TAX IMPLICATIONS AND MATTERS. The parties acknowledge that since their
separation they have filed separate, not joint, income tax returns.
The parties agree that in the event it is determined that there is any future tax liability of
the parties, which liability relates to any year the parties were married and filed jointly, then in
such event, the parties will contribute to the payment of such liability in proportion to their
respective incomes for the year to which such liability pertains.
The parties hereto agree to retain all tax returns pertaining to the years of their marriage
for a period of five (5) years after the date of this Agreement.
14. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the
estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and
each of the parties hereto by these presents, for himself or herself, his or her heirs, executors,
administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other
party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all
claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever
kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such
other party prior to the date hereof, except that this release shall in no way exonerate or discharge
either party from the obligations and promises made or imposed by reason of this Agreement.
15. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post-
Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by
either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or
permanent, shall affect or modify the terms of this Agreement, but said Agreement may be
enforced by any remedy at law or in equity, including enforcement proceedings under the
Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate
order of court to be entered in the Divorce Action, but this Agreement shall not be merged into
said order or decree in divorce.
16. COOPERATION. The parties agree to cooperate with each other and to make,
execute, acknowledge and deliver such instruments and take such further action as may hereafter
be determined to be requisite and necessary to effect the purposes and intention of this Post-
Nuptial Agreement.
17. BREACH; INDEMNIFICATION. If either party hereto breaches any provision
hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages
for said breach, or seek such other remedies or relief as may be available to him or her, and the
defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred
by the other party in enforcing his or her rights under this Agreement. Each party agrees and
covenants to indemnify and hold harmless the other party from any and all liability and/or claims
and/or dainages and/or expenses (including attorneys' fees and expenses of litigation) that the
indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay
upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of
indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make
any payment provided for herein.
7
18. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have
had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect
explained to them by independent counsel of their choosing and each party acknowledges that
this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with
full knowledge of the assets of both parties, and that it is not the result of any duress or undue
influence. The parties acknowledge that they have been furnished with all information
relating to the financial affairs of the other to the extent same has been requested by each of
them.
19. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire
understanding of the parties and there are no representations, warranties, covenants or
undertakings other than those expressly set forth herein. The parties acknowledge and agree that
the provisions of this Agreement with respect to the distribution and division of marital and
separate property are fair, equitable and satisfactory to them based on the length of their marriage
and other relevant factors which have been taken into consideration by the parties. Both parties
hereby accept the provisions of this Agreement with respect to the division of property in lieu of
and in full and final settlement and satisfaction of all claims and demands that they may now
have or hereafter have against the other for equitable distribution of their property by any court
of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments
thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court
ordered determination and distribution of marital property, but nothing herein contained shall
constitute a waiver by either party of any rights to seek the relief of any court for the purpose of
enforcing the provisions of this Agreement.
20. WAIVER/MODIFICATION. The waiver of any term, condition, clause or provision
of this Agreement shall in no way be deemed or considered a waiver of any other term,
condition, clause or provision of this Agreement. This Agreement can only be modified in
writing executed by both parties hereto.
21. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced
according to the laws of the Commonwealth of Pennsylvania.
22. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement
have been used only for the purpose of convenience and shall not be resorted to for the purposes
of interpretation or construction of the text of this Agreement.
23. EFFECTIVE DATE. This Agreement shall be dated and become effective on the
date when executed by the latter of the two parties.
IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals
intending to legally bind themselves and their respective heirs, personal representatives and
assigns.
WITNESSED BY:
(SEAL)
illiam Raber
Date: Q It of
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ti (SEAL)
c Denice M. Raber
Date: ?( -U6
9
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
WILLIAM R. RABER,
Plaintiff
VERSUS
N 0. 06-4202 CIVIL
DENISE M. RABER
Defendant
DECREE IN
DIVORCE
AND NOW, IT IS ORDERED AND
DECREED THAT
AND
DENICE M. RABER
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, PLAINTIFF,
,DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
None. The parties' Post-Nuptial Agreement dated June 18, 2008 is
rated but not merged into this Decree.
T HF,-E30 U,RRT:
ATTEST: J
*Incorre FD se M. Raber PROTHONOTARY
in the caption.
WILLIAM R. RABER
?Y fz-r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
Vs File No. 0(Q-?f?Ua Gty?(
J9 1 IN DIVORCE
Den is e, m Haver
Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/ defendant in the above matter,
[select one by marking "x"]
prior to the entry of a Final Decree in Divorce,
or _ after the entry of a Final Decree in Divorce dated
hereby elects to resume the prior surname of ('?-NCF?E
i , and gives this
written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704.
Date: `1 - 0<( M1 4?
Signature
rn
(7?2
Signature of name being resumed
COMMO •AkLTH OF PENNSYLVANIA )
COUNTY OF
On the tS+ day of Dpc PMber , 200& ,before me, the Prothonotary or the
notary public, personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged that he / she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hereunto set my hand and official
seal.
COMMONWEALTH OF PENNSYLVANIA { 6&otary Pub 9c
Notarial Seal
Beverly K. Morgan, Notary Public
Upper Allen Twp., Cumberland County
My Commission Expires July 7, 2009
Member, Pennsytvania Association of Notaries
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