HomeMy WebLinkAbout06-7198Johnson, Duffie, Stewart & Weidner
By: Melissa Peel Greevy
I.D. No. 77950
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
GREGG D. RAUTINE,
Plaintiff
v.
REBECCA D. RAUTINE,
Defendant
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
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 the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE THE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. pG -7 ~ 9 ~ CIVIL TERM
CIVIL ACTION -LAW
Johnson, Duffie, Stewart & Weidner
By: Melissa Peel Greevy
I.D. No. 77950
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
GREGG D. RAUTINE,
Plaintiff
v.
REBECCA D. RAUTINE
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ~j ~ -~ ~ q ~{ CIVIL TERM
CIVIL ACTION -LAW
IN DIVORCE
COMPLAINT /N DIVORCE
UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Gregg D. Rautine, by and through his attorneys,
Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the
Defendant, Rebecca D. Rautine:
1. The Plaintiff is Gregg D. Rautine, an adult individual, residing at 39 Johns Drive,
Enola, Cumberland County, Pennsylvania 17025.
2. The Defendant is Rebecca D. Rautine, an adult individual, residing at 39 Johns
Drive, Enola, Cumberland County, Pennsylvania 17025.
3. The Plaintiff and Defendant were married on June 19, 1998 in Grenada, Grenada
County, Mississippi.
4. The Plaintiff has been a bona fide resident of the Commonwealth of
Pennsylvania at least six months immediately prior to the filing of this Complaint.
5. There have been no prior actions for divorce or annulment of marriage between
the parties in this or any other jurisdiction.
6. Neither of the parties in this action is presently a member of the Armed Forces on
active duty.
7. The marriage is irretrievably broken.
8. The Plaintiff has been advised of the availability of marriage counseling and she
may have the right to request that the Court require the parties to participate in counseling.
WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a
Decree of Divorce.
COUNT ll -EQUITABLE DISTRIBUTION
9. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs
1 through 8 inclusive, of the Complaint as if the same were set forth herein at length.
10. Plaintiff and Defendant have legally and beneficially acquired certain real and
personal property during their marriage.
11. The parties have reached an agreement regarding equitable distribution, which
provides that it shall be incorporated into any Decree later entered by this Honorable Court.
WHEREFORE, Plaintiff respectfully requests that the Agreement be incorporated into
the Decree upon its entry.
COUNT 111 -CUSTODY
12. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs
1 through 11 inclusive, of the Complaint as if the same were set forth herein at length.
13. The Plaintiff and Defendant are married and are the parents of one (1) minor
child, Elizabeth T. Rautine, born January 25, 1999.
14. The child was born in wedlock.
15. Plaintiff seeks custody of the following child: Elizabeth T. Rautine, born
January 25, 1999.
16. Plaintiff/Mother, Defendant/Father and the child have resided at 39 Johns Drive,
Enola, Pennsylvania since 2003 and have resided together throughout the child's life.
17. Plaintiff has not participated as a party or witness, or in any other capacity, in
other litigation concerning the custody of the child in this or any other Court.
18. Plaintiff has no information of a custody proceeding concerning the child pending
in any court of this Commonwealth or any other state.
19. Plaintiff does not know of a person not a parry to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to the
child.
20. Each parent whose paternal rights to the child have not been terminated and the
person who has physical custody of the child has been named as a party to this action.
21. The best interest of permanent welfare of the child will be served by granting the
relief requested because Father and Mother have negotiated a custodial arrangement that each
agree is in the child's best interest.
WHEREFORE, the Plaintiff, Gregg D. Rautine, respectfully requests that your Honorable
Court to award shared legal custody of the minor child to both parties, primary physical custody
to Defendant and partial custody to Plaintiff, as provided in Paragraph 6 of the Marital
Settlement Agreement.
STEWART & WEIDNER
Peel Greevy
:287490
VERIFICATION
I, Gregg D. Rautine, verify that the statements made in this Complaint in Divorce are true
and correct to the best of my knowledge, information and belief. I understand that false
statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to
unsworn falsification to authorities.
Date: ~Z/l~ ~~~ ~ ~ J
gg D. Rautine
Johnson, Duffie, Stewart & Weidner
By: Melissa Peel Greevy
I.D. No. 77950
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
GREGG D. RAUTINE,
Plaintiff
v.
REBECCA D. RAUTINE,
Defendant
AFFlDAVlT
CIVIL ACTION -LAW
IN DIVORCE
GREGG D. RAUT/NE, 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
Prothonotary's Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down by the court.
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: 1
Gr g D. Rautine
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NODS , 719 ~ CIVIL TERM
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COMMONWEALTH OF. PENNSYLVANIA
CbUNTY C~F~ C:UMBERT.AUT1
PENNSYLVANIA STATE CONSTABLE
JAMES FAIR
704 BOSLER AVE.
LEMOYNE, PA. 17043
(717) 975-0706 (Res)
(717) 580-6169 (Cell)
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SERVICE OF PROCESS
o~ -7-98
JOHNSON DUFFLE LAW OFFICES
301 MARKET STREET
PO BOX 109 -
LEMO~NE, PA. 17043
VS.
DEFENDANT: rvanne and aooRess
~ REBECCA D..RAUTINE ~
39 JOHNS DRIVE
ENOLA, PA. 17025
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Docket No.:
Date Filed:
12-19-2006 w ~ 4~'
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Served upon REBECCA D. RAUTINE , by handing a copy of
Describe Document(s): (Person to be Served)
__ LEGAL PAPERS - DIVORCE COMPLAINT
to X a ~ g~~ /
Person Actually Served) (Relationship)
on 1 oZ," oZE3`C~~ , at ,'3~ .M., at
(Date) (Time)
(Location)
For Landlord/Tenant complaints: ~ _
Since none of the above found, served by posting a copy of the complaint conspicuously on the
premises on , at
(Date)
at
(Location)
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this / A ~ day of (~-~~=~'~"N~'~2006, by and between GREGG D.
RAUTINE of Enola, Pennsylvania, (hereinafter "HUSBAND") and REBECCA D. RAUTINE, of Enola,
Pennsylvania, (hereinafter "WIFE");
WITNESSETH:
WHEREAS, the parties hereto were married on June 19, 1998, in Grenada, Grenada County,
Mississippi; and
WHEREAS, there is one minor child of the marriage: Elizabeth T. Rautine born January 25, 1999;
and
WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live
separate and apart for the rest of their lives, and the parties are desirous of settling completely the economic
and other rights and obligations between each other, including but not limited to: the equitable distribution of
the marital property; past, present, and future spousal support; alimony, alimony pendente lite, child support,
and in general, any and all other claims and possible claims by one against the other or against their
respective estates.
NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and
performed by each party and for other good and valuable consideration, the parties, intending to be legally
bound hereby, do hereby agree as follows:
1. ADVICE OF COUNSEL.
The provisions of this Agreement and their legal effect have been fully explained to HUSBAND by his
counsel. WIFE, though informed of her right to independent legal advice, knowingly and voluntarily waives
her right to do so. WIFE acknowledges that she has received no advice from HUSBAND'S counsel.
HUSBAND is represented by Melissa Peel Greevy, Esquire, of Johnson, Duffle, Stewart & Weidner.
-1-
Each party acknowledges that he or she has had the opportunity to discuss with counsel of their
choosing the concept of marital property under Pennsylvania law, and each is aware of his or her right to
have the real and/or personal property, estate and assets, earnings and income of the other assessed or
evaluated by the courts of this Commonwealth or any other court of competent jurisdiction.
The parties further declare that each is executing the Agreement freely and voluntarily, having
obtained sufficient knowledge and disclosure of their respective legal rights and obligations. The parties
each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion,
duress, undue influence or collusion.
2. DIVORCE ACTION.
The parties acknowledge that their marriage is irretrievably broken and that they shall secure a
mutual consent no fault divorce pursuant to §3301(c) of the Divorce Code. The parties agree to execute
Affidavits of Consent for Divorce and Waiver of Notice of Intention to Request Entry of a Divorce Decree
promptly following the expiration of the ninety (90) day waiting period following filing and service of the
Divorce Complaint.
This Agreement shall remain in full force and effect after such time as a final decree in divorce may
be entered with respect to the parties. The parties agree that the terms of this Agreement shall be
incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced
in the Divorce Decree. This Agreement shall not merge with the Divorce Decree, but shall continue to have
independent contractual significance. The parties agree and intend that this Agreement shall be binding
upon them and that its terms shall be entered as an Order of Court.
3. DATE OF EXECUTION.
The "date of execution" or "execution date" of this Agreement shall be defined as the date upon
which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise,
the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the
last party executing this Agreement.
-2-
4. MUTUAL RELEASES.
Each party absolutely and unconditionally releases the other and the estate of the other from any and
all rights and obligations which either may have for past, present, or future obligations, arise out of the
marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of
1980, and amendments, except as described herein.
Each party absolutely and unconditionally releases the other and his or her heirs, executors and
estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be
effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the
intestate laws, or the right to take against the spouse's will, or the right to treat a life time conveyance by the
other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate,
whether arising under the laws of Pennsylvania, any state, commonwealth, or territory of the United States
or any other country.
Except for any cause of action for divorce which either party may have or claim to have, each party
gives to the other, by the execution of this Agreement, an absolute and unconditional release from all claims
whatsoever, in law or in equity, which either party now has against the other.
5. FINANCIAL DISCLOSURE.
The parties represent and warrant that each have made full and fair disclosure to the other of his or
her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone.
Neither party wishes to make or append hereto any further enumeration or statement. Each party warrants
that he or she is not aware of any marital asset which is not identified in this Agreement. The parties confirm
that each has relied on the accuracy of the financial disclosure of the other as an inducement to the
execution of this Agreement. Each party understands that he/she had the right to obtain from the other party
a complete inventory or list of all property that either or both parties owned at the time of separation or
currently, and that each party had the right to have all such property valued by means of appraisals or
otherwise. Both parties understand that they have a right to have a court hold hearings and make decisions
on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and
equitable, and the terms adequately provide for his or her interests, and that this Agreement is not the result
of fraud, duress, or undue influence exercised by either party upon the other or by any person or persons
upon either party. Each party further covenants and agrees for himself and herself and his or her heirs,
-3-
executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his
or her heirs, executors or assigns, in action of contention, direct or indirect, and allege therein that there was
a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence, or that there
was a failure to have available full, proper and independent representation by legal counsel.
6. SEPARATION-INTERFERENCE.
WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be
free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried.
Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation,
profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass,
disturb or malign each other or the respective families of each other.
7. DEBTS.
HUSBAND shall assume responsibility for the Capital One line of credit which has an approximate
balance of $28,000 as of November 15, 2006. HUSBAND shall assume responsibility for the payments on
the Dell Computer until WIFE moves out of the marital abode. The parties agree that the 1992 Dodge
Caravan shall be sold and that the proceeds shall be applied against the balance on the Dell account.
The parties acknowledge that approximately one-half of the debt consolidated into the Capital One
loan was incurred for WIFE'S educational expenses at HACC and Drexel University. The parties further
acknowledge that HUSBAND assumed payment of WIFE'S premarital student loan from American
Education Services in $250 monthly payments for approximately 75 months during the marriage. These
student loans were incurred while WIFE obtained her Masters Degree in Fine Arts. The American Education
Services premarital student loans are presently in forbearance due to WIFE being enrolled in the University
of Georgia. Upon completion of WIFE'S current semester, WIFE shall assume full responsibility for the
remaining balance of this debt.
WIFE agrees that she will assume responsibility for all remaining payments on the vacuum cleaner.
WIFE has a monthly obligation of $150 to Pinnacle Health for non-covered surgical expenses for which she
agrees to assume responsibility upon her relocation from the Johns Drive residence.
-4-
The parties have two cellular phones on a Verizon account in WIFE'S name, which is currently paid
by draft against the joint PNC account. The parties intend to discontinue the joint Verizon account. WIFE will
then be responsible for payment of her own cellular phone bill. In the event that HUSBAND incurs a
cancellation fee, he will pay up to $175 toward this expense.
HUSBAND agrees that he shall assume responsibility for the remaining balance on the HSBC (Best
Buy) account which was used to purchase a television.
HUSBAND will assume full responsibility for payment of any debt created by him and in his name on
and after September 1, 2006. HUSBAND shall indemnify and save WIFE harmless from any and all claims
and demands made against her by reason of such debts or obligations.
WIFE shall assume full responsibility for payment of any debt created by her on and after
September 1, 2006. The parties agree that they shall take prompt action regarding any remaining joint credit
accounts which have not been closed and agree that they shall immediately close all such accounts.
HUSBAND represents and warrants to WIFE that in the future he will not contract or incur any debt
or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE
harmless from any and all claims and demands made against her by reason of such debts or obligations
incurred by him since the date of their final separation, September 1, 2006.
WIFE represents and warrants to HUSBAND that she has not and in the future will not, contract or
incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify
and save HUSBAND harmless from any and all claims and demands made against him by reason of such
debts or obligations incurred by her since the date of final separation, September 1, 2006.
8. RETIREMENT BENEFITS.
HUSBAND had a 401 (k) plan from Fidelity Peak Solutions which had a gross balance of $21,801 on
July 14, 2006. HUSBAND liquidated this plan on July 14, 2006 and received a lump sum distribution of
$17,441, after taxes and penalty. HUSBAND represents that he used significant portions of these funds to
satisfy marital debts and expenses, and to pay counsel fees associated with the parties' divorce. WIFE
specifically waives any and all right, title or interest in HUSBAND'S retirement plan listed above.
-5-
WIFE had no retirement plan or pension during the marriage. HUSBAND specifically waives any and
all right, title or interest in any retirement plan earned or created by WIFE as the result of her post separation
employment.
9. LIQUID MARITAL ASSETS.
The parties agree that they had checking and savings accounts during the marriage. HUSBAND and
WIFE agree that HUSBAND shall retain funds in the joint PNC account and the ING savings account into
which the liquidated 401(k) proceeds were deposited. Any individual accounts now owned by the parties
shall become the sole and separate property of the party in whose name the account is currently titled. Both
parties waive any rights they may have to the bank or credit union account(s) of the other. The parties agree
that there is an account for their daughter, Elizabeth, for which WIFE is the guardian. WIFE acknowledges
that she has removed funds in the amount of $250 from this account for the benefit of her son, Jeremy. The
parties stipulate and agree that WIFE shall replace the funds in full no later than June 1, 2007 and that in the
future, she shall use these funds solely for the benefit of the parties' daughter. WIFE shall provide
HUSBAND with proof of this deposit by July 1, 2007.
10. AUTOMOBILESNEHICLES.
HUSBAND and WIFE agree that HUSBAND will retain the 2003 Saturn. This vehicle is encumbered
by a loan with a balance of approximately $13,000. HUSBAND shall be solely responsible for all costs
associated with the vehicle, to include loan payments, registration, maintenance, and insurance related to
the vehicle. WIFE agrees to execute any documents needed to effect the transfer of all of her right, title and
interest in said vehicle to HUSBAND alone. The parties further agree that husband shall retain his V-Star
Yamaha Motor Cycle, which is encumbered with approximately $9000 in debt and his 1990 Ford Mustang,
which is unencumbered.
HUSBAND and WIFE agree that WIFE shall retain the 2001 Ford Windstar which she purchased in
October, 2006. WIFE shall be solely responsible for all costs associated with the vehicle, to include loan
payments, registration, maintenance, and insurance related to the vehicle. The parties further agree that
WIFE shall obtain separate car insurance within ten business days of her relocation to Mississippi.
HUSBAND agrees to execute any documents needed to effect the transfer of all of his right, title and interest
in said vehicle to WIFE alone.
-s-
11. REAL ESTATE.
A. 39 Johns Drive. The parties are the owners of a home at 39 Johns Drive, Enola, Cumberland
County, Pennsylvania which is marital property. The residence was purchased on November 20, 2003, for
$129,500 and is deeded to HUSBAND alone. The 2004 Tax appraisal on the home was $129,820. The
mortgage balance is approximately $123, 217.42 The parties stipulate and agree that, contemporaneously
with the execution of this Agreement, WIFE will sign a deed extinguishing any and all right, title and interest
which she may have in the residence.
B. 23575 Highway 8 East. The parties have ownership interest in a property located at 23575
Highway 8 East, in Grenada Mississippi. The property is deeded to WIFE and her mother, Juanita
McCannon. The mortgage on the property is a balloon mortgage with a 3 year term which expires on
June 5, 2008. The home is leased to WIFE'S niece, Melinda Whitsell, with an option to purchase at the end
of the lease term. HUSBAND shall continue to receive the rent and use these funds to pay the mortgage for
the duration of the lease held by the current tenants. If the tenants do not purchase the home, WIFE shall
retain a first right of refusal to purchase the residence. WIFE represents that the current tenants are moving
out in December, 2006 and that she intends to take possession of the residence with her sister Gail
Kunefke. The parties agree that WIFE may elect to reside there while she attempts to qualify for a
mortgage, provided however, that so long as she resides in the home, WIFE pays the full amount of the
mortgage payment to HUSBAND, who will make the mortgage payment which is drafted against his bank
account. If WIFE desires to retain the home, she must refinance it in her name, and remove HUSBAND
from the mortgage obligation and note no later than January 2, 2008, or list the home for sale by that date.
Upon the sale or refinance of the property, the parties agree that WIFE'S parents will receive a single
payment of $10,000 in full satisfaction of any past, present or future claims related to the home. The parties
agree that HUSBAND shall be entitled to fifty (50%) percent of the equity balance in the home, following the
payment to WIFE'S parents. For purposes of this Agreement, the equity value of the home shall be
determined by the following formula: the appraised value of the residence, less the satisfaction of the
mortgage balance at the time of settlement, and less a single payment of $10,000 to WIFE'S parents. The
parties stipulate and agree that the appraised value shall be determined by a Certified Residential Appraiser
whom HUSBAND shall retain, and for whose services he shall bear the expense. HUSBAND and WIFE
further agree that because HUSBAND is bearing the expense of the appraiser's services, HUSBAND shall
be entitled to select the appraiser.
-7-
12. HOUSEHOLD GOODS AND PERSONAL PROPERTY.
The parties agree that they have previously divided the household goods, and personal property to
their mutual satisfaction. The parties agree that this distribution of goods and personal property is
satisfactory and equitable.
13. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY.
The parties acknowledge and agree that WIFE has a Masters Degree in Fine Arts and is in the
process of obtaining her teaching certificate. The parties agree that by reason of her educational efforts,
WIFE'S previous annual earning capacity is presumed to have increased from the $24,000 she earned at
the time of the marriage. Accordingly, WIFE has sufficient earning capacity by reason of her education and
training to provide for her own support. The parties acknowledge and agree that HUSBAND has a
Bachelors Degree in Engineering and is employed earning approximately $82,000 per year. Accordingly,
HUSBAND has sufficient earning capacity by reason of his education, training, and experience to provide for
his own support. However, in consideration of HUSBAND'S assumption of significant debt and WIFE'S
need for short term assistance following the completion of her studies in December 2006, and her return to
the work force, the parties further stipulate and agree to the following additional provisions regarding the
temporary spousal support/alimony to be paid by HUSBAND to WIFE:
(1) The duration of spousal supportlalimony not exceed a total of twelve months, combined, from
the time of WIFE'S departure from the residence at 39 Johns Drive. Spousal support/alimony to WIFE shall
terminate upon the death of either party, WIFE'S remarriage or cohabitation as that term is understood in
Miller v. Miller 508 A. 2d 550 (Pa. Super, 1986), or as otherwise provided by law.
(2) The monthly amount of spousal support/alimony shall not exceed two hundred ($200) dollars
per month.
(3) The spousal support/alimony payment will be tax deductible to HUSBAND and includable in
WIFE'S income for purposes of federal income taxation and for purposes of considering the child support
obligation.
(4) Except as otherwise provided herein, HUSBAND and WIFE waive, now and forever, any and
all right or claim, past or future, to support from the other, whether the claim be in the form of medical
support, alimony, alimony pendente lite, or spousal support.
-s-
14. CHILD SUPPORT.
Provided that WIFE has primary physical custody of the child, HUSBAND agrees to pay WIFE child
support in the amount of five hundred ($500) dollars per month until Elizabeth is age 18 and has completed
high school. HUSBAND further agrees to provide health insurance to the parties' child at HUSBAND'S sole
expense, so long as it is less expensive through his employment than through WIFE'S employment. In the
event that WIFE is able to obtain comparable health insurance coverage less expensively than HUSBAND,
WIFE shall provide the health insurance coverage for the parties' daughter at her sole expense. The child
support obligation shall not be modifiable by reason of WIFE'S voluntary reduction in earning capacity or her
failure to obtain appropriately compensated employment which is consistent with her level of educational
achievement and professional credentials.
In the event that WIFE seeks and obtains additional child support from HUSBAND during the period
of HUSBAND'S alimony obligation to WIFE, the alimony to be paid by HUSBAND to WIFE shall be
decreased by the amount of the additional child support that HUSBAND is obligated to pay WIFE.
15. TAXES.
The parties have heretofore filed joint Federal and state tax returns. The parties will file a joint tax
return for 2006. If, as a result of HUSBAND'S liquidation of his 401(k), additional taxes are due, HUSBAND
agrees to assume this debt. In the event that there are tax refunds due or paid for 2006, HUSBAND shall be
entitled to receive the entire amount of any refund(s). As to years prior to 2006, both parties agree that in
the event any deficiency in Federal, state. or local income tax is proposed, or any assessment of any such
tax is made against them, each will indemnify and hold harmless the other from and against any loss or
liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in
connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the
individual who is finally determined to be the cause of the misrepresentations or failures to disclose the
nature and extent of his or her separate income on the aforesaid joint returns.
The parties stipulate and agree that HUSBAND shall be entitled to receive the Federal income tax
exemption, Federal child care tax credit (line 44), and the Federal child tax credit (line 48) for the parties'
daughter, commencing with the 2007 tax year and subsequent odd numbered years, so long as the child
may be declared as a dependent under state or Federal tax law. Commencing in 2008 and subsequent
even numbered years, so long as the child may be declared as a dependent under state or Federal tax law,
-s-
WIFE shall be entitled to receive the Federal income tax exemption, Federal child care tax credit (line 44),
and the Federal child tax credit (line 48) for the parties. The parties will cooperate with the execution of
Federal form 8332 or any other necessary documents in order to effectuate the intent of this paragraph.
The parties agree that their respective rights to the Federal income tax benefits outlined above is contingent
upon WIFE continuing to have primary physical custody of the child and upon HUSBAND paying his child
support obligation in a timely fashion.
16. CUSTODY.
A. Legal Custodv. HUSBAND and WIFE are the parents of one child: Elizabeth Treanne
Rautine, born, January 25, 1999. The parties stipulate and agree that they shall have shared legal custody
of the child and agree that each parent shall have an equal right, to be exercised jointly with the other
parent, to make all major non-emergency decisions affecting the child's general well-being including, but not
limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C. S.
§5309, each parent shall be entitled to all records and information pertaining to the child including, but not
limited to, medical, dental, religious or school records, the residence address of the children and of the other
parent. To the extent one parent has possession of any such records or information, that parent shall be
required to share the same, or copies thereof, with the other parent within such reasonable time as to make
the records and information of reasonable use to the other parent.
B. Physical Custodv. WIFE represents that she is planning to relocate to 23575 Highway 8
East, Grenada, Mississippi on or about December 23, 2006, where she plans to obtain employment as a
teacher. HUSBAND and WIFE stipulate and agree that HUSBAND has the right to file a Petition Ne Exeat
to prevent WIFE from relocating to Mississippi with the parties' child in the absence of his consent.
Notwithstanding HUSBAND'S right to object to the relocation, HUSBAND and WIFE stipulate that the
physical custody provisions contained in this paragraph shall be effective upon WIFE vacating the marital
residence at 39 Johns Drive, Enola, Pennsylvania.
(1) WIFE shall have primary physical custody subject to HUSBAND'S rights of partial custody for
three consecutive weeks each summer. HUSBAND shall provide WIFE with notice of his selected weeks,
no later than May 1 of each year in order to retain first choice of his weeks of custody. At HUSBAND'S
option, during odd-numbered years, one of the weeks may be used during Christmas school break.
HUSBAND shall be entitled to additional liberal partial custody if HUSBAND visits the Grenada, Mississippi
area.
-10-
(2) HUSBAND and WIFE agree that transportation expenses for the child will be shared in such
proportions as decided by the mutual agreement of the parties.
(3) HUSBAND shall be entitled to reasonable telephone contact and web-cam assisted
conversations not less than three times per week. HUSBAND shall provide the web cam for use with the
computer which WIFE is taking as part of her property distribution. WIFE shall provide for and arrange the
Internet access necessary to implement the plan to use the web-cam.
(4) Should WIFE desire to relocate at a distance from HUSBAND greater than that of Grenada,
Mississippi, WIFE will give HUSBAND sixty (60) days notice.
(5) HUSBAND and WIFE agree that Cumberland County Court of Common Pleas shall retain
jurisdiction of the Custody matter and that their Agreement shall be made into an Order of Court.
(6) HUSBAND agrees that he will not object or otherwise stand in the way of the granting of a
petition filed by WIFE in the Cumberland County Court of Common Pleas to change the child's name to
Elizabeth Rebecca Ann Rautine.
(7) HUSBAND and WIFE agree that neither party shall do or say anything which may estrange
the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and
natural development of the child's love and respect for the other parent. Each parent shall ensure that third
parties also comply with this provision during his or her periods of custody. HUSBAND and WIFE further
agree that the terms and topics of their discussions and final arrangements regarding the distribution of
property, child and spousal support/alimony and custody are adult topics, between HUSBAND and WIFE
alone, and are not to be discussed with or within earshot of the child.
-11-
17. COOPERATION.
WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of
the Agreement, including but not limited to, the signing of deeds and other documents. WIFE will sign an
Acceptance of Service, Affidavits of Consent and Waivers of Notice of Intent to Request Entry of a Divorce
Decree promptly upon HUSBAND'S request, or that of his counsel.
18. ATTORNEY FEES, COURT COSTS.
HUSBAND agrees that he will bear the filing fee and legal expense for filing the Complaint in Divorce
and shall be responsible for the counsel fees associated with the preparation of this Agreement, waiving any
claim he may have against WIFE for said expenses. Otherwise, each party hereby agrees to be solely
responsible for his or her own counsel fees, costs and expenses. Neither shall seek contribution thereto
from the other party except as otherwise expressly provided herein.
19. ATTORNEYS' FEES FOR ENFORCEMENT.
In the event that either party breaches any provisions of this Agreement and the other party retains
counsel to assist in enforcing the terms thereof, .the breaching party will pay all reasonable attorneys' fees,
court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other
party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable
resolution. However, the alleged breaching party shall not be required to pay the other party's attorney's
fees, costs and expenses if the breach is cured within fourteen (14) days of a written demand by one party to
the other and providing notice of intent to seek counsel fees. Demand shall be adequate if it is sent via
certified mail and provides at least fourteen (14) calendar days from the date of mailing for compliance. For
purposes of this provision, and in absence of notice to HUSBAND to the contrary, the presumptive correct
mailing address for notice to the WIFE shall be:
REBECCA D. RAUTINE
23575 Highway 8 East
Grenada, Mississippi 38901
For purposes of this provision, and in absence of notice to the WIFE to the contrary, the presumptive correct
mailing address for notice to the HUSBAND shall be:
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GREGG D. RAUTINE
39 Johns Drive
Enola, PA 17025
In absence of a notice to the other party of change of address, a breaching or alleged breaching
party shall not be relieved of obligation for attorney's fees, costs and expenses under this paragraph for
failure to receive written demand.
It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear
the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching
party in protecting and enforcing his or her rights under this Agreement.
20. WAIVER OF RIGHTS.
Both parties hereby waive the following procedural rights:
(a) The right to obtain an inventory and the appraisement of all marital and non-
marital property;
(b) The right to obtain an income and expense statement of either party;
(c) The right to have all property identified and appraised;
(d) The right to further discovery as provided by the Pennsylvania Rules of Civil
Procedure and the Pennsylvania Divorce Code, including but not limited to, written
interrogatories, motions for production of documents, the taking of oral deposition, any all
other means of discovery permitted under the law;
(e) The right to have the court make all determinations regarding marital and non-
marital property, equitable distribution, spousal support, alimony pendente lite, alimony,
counsel fees and costs and expenses.
-13-
21. VOID CLAUSES.
If any term, condition, clause or provision of this Agreement, shall be determined or declared to be
void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from
this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and
operation.
22. APPLICABLE LAW.
This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania.
23. ENTIRE AGREEMENT.
This Agreement contains the entire understanding of the parties, and there are no representations,
warranties, covenants or undertakings other than those expressly set for herein.
24. CONTRACT INTERPRETATION.
For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, the
parties agree that this Agreement was prepared jointly by the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first written
above.
Witn s
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REBECCA D. RAUTINE
GR D. RAUTINE
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-14-
COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF t~ r- a,.-~
On the ~~~' day of ~-e~ , 2006 before me, a Notary Public in and for the
Commonwealth of Pennsylvania, the undersigned officer, personally appeared GREGG D. RAUTINE,
known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and he
acknowledges the foregoing instrument to be his free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above
written.
tary Public
OMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
':ARLEEN S. JENSEN, Notary Public
Lemoyne Boro., Cumberland County
~'~iy Commission Expires Oec. 17, 2007
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
ss.
On the (~ day of ~~G , 2006, before me, a Notary Public in and for the
Commonwealth of Pennsylvania, the undersigned officer, personally appeared REBECCA D. RAUTINE,
known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and she
acknowledges the foregoing instrument to be her free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above
written.
ommonwe Ith Penns Iv i
NOTARIAL SEAL
BRYAN J. 1<OLB, Notary Public
East Pennsboro Twp., County of Cumberland
My Commi«sio~~ E;;Pires January 13, 2010
Notary Publ'
-15-
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GREGG D. RAUTINE,
Plaintiff :
v. :
REBECCA D. RAUTINE,
Defendant
IN THE COURT OF COMMON PLEAS OF THE
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006-7198
CIVIL ACTION -LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
December 20, 2006.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service 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.
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c1 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 above 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: ~ \ ~ Q ~ 7
Gregg D u ine, Plaintiff
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GREGG D. RAUTINE,
Plaintiff
v.
REBECCA D. RAUTINE,
Defendant
AFFIDAV/T OF CONSENT
NO. 2006-7198
CIVIL ACTION -LAW
IN DIVORCE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
December 20, 2006.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service 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.
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,
luv~ryar's fees or expensES if i do not claim their 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 above 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: 7" `~ ~ U
.LDCv~ `
ebecca D. Rautine, Defendant
IN THE COURT OF COMMON PLEAS OF THE
CUMBERLAND COUNTY, PENNSYLVANIA
:293937
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Johnson, Duffie, Stewart & Weidner
By: Melissa Peel Greevy
I.D. No. 77950 Attorneys for Plaintiff
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
GREGG D. RAUTINE,
Plaintiff
v.
REBECCA D. RAUTINE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006-7198
CIVIL ACTION -LAW
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. Grounds for divorce: irretrievable breakdown under Section 3301 (c) of the
Divorce Code.
2. Date and manner of service of the complaint:
Defendant was served via Constable on December 20, 2006
Return of Service was filed December 28, 2006.
3. Complete either Paragraph A or B
A. Date of execution of the Affidavit of Consent required by Section 3301 (c)
of the Divorce Code: by the Plaintiff March 27, 2007; by the Defendant April 2, 2007.
B. (1) Date of execution of the Plaintiffs affidavit required by Section 3301
(d) of the Divorce Code:
(2) Date of service of the Plaintiffs affidavit upon the Defendant:
r4 .,
2006-7198 CIVIL TERM
4. Related claims pending: The Marital Settlement Agreement dated December 18,
2006, shall be incorporated, but not merged, into this Decree in Divorce and is enforceable as
an Order of Court as provided in 23 Pa. C.S. §3105.
5. Indicate date and manner of service of the notice of intention to file praecipe to
transmit record, and attach a copy of said notice under Section 3301 (d) (1) (i) of the Divorce
Code:
Waiver of Notice signed by Plaintiff on March 27, 2007, and filed concurrently herewith.
Waiver of Notice signed by Defendant on April 2, 2007, and filed concurrently herewith.
JOHNS , D ~ FIE, STEWART & WEIDNER
elissa Peel Greevy
:293939
Enclosures
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I N THE COURT OF COMMON PLEAS
Gregg D. Rautine
Plaintiff
VERSUS
Rebecca D. Rautine
Defendant
N O. 2006-7198 civil
DECREE IN
DIVORCE
AND NOW, IFI ~ ~ ~w ~ I d ZOO7 IT IS ORDERED AND
DECREED THAT Grep~ D. Rautine PLAINTIFF,
AND Rebecca D. Rautine 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
YET SEEN ENTERED;
The: Marital Settlement Agreement dated December 18, 2006, shall be
incorporated, but not merged, into this Decree in Divorce and is
enforceable as an Order of Court as provided in 23 Pa. C.S. 53105.
E
A
OF CUMBERLAND COUNTY
STATE OF PENNA.
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