Loading...
HomeMy WebLinkAbout00-01791 -::;{.~~~:::~~:+:~;:.:::~::.::(:~!>>::~,;:)>>x::,.:.::~:;::::!3&::')::C{:~_~:~!::+::,()::+::~~;:')'C'(}::.::'(:,:!:+::~:::-X.::~~::-X.::!~::KC~~':::!::.X':::!::.::! ~ ~.s ~ n i ~.~ ~ ',,' ~ ~.~ ~ ~ 1O.~ ~.~ ~ "". ~ ~ ~.S ~ ~ i ~.~ ~ ~.~ ~ ~." '.,' r..s * ~ ~ ~.~ ~.s ~ ~.S ~ ~.; ~ ~ ~ ,'"< I ~.S ~ U ts * ~.S ~ ,", ~.~ ~ ~ t 1O.<! t; ~;~ ~.S ~ ;..~ ~ ~.~ ~ ~,,: r.~'l ~ ~.~ ~ ~', "0"- ~ .' x+::!&~:::!~t{:!::+:::~~r:!~;;}}i>>>rx.'c::!::+::!;:::::~::.tXC'<<:1 I i I i i ~.~ ~.~ ~ ~~~ ~ ~ ~,:i , P, ~.~ ~ ~.~ * ~ ~ i ~.~ ~ i ~~ !( , , ,,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. uc:~:r1)~ll.~~_~S~E1 Plaintiff No. uuo.o.::-,1.7.9..1uu, ..,...uuu_.u. 19 DIANNE E. REESE, Versus I Defendant DECREE IN D I V 0 R C E 'n A,~. rJ~ r '1.- .:r(.' . . . . , . , . , . . . . . , . . . . . . . , . . . . , ,~!~. . , " it is ordered and AND NOW, decreed that... .. .. ~~. -:':, ~~~.. .. .. . ..... .. .. .. .. .. .. .. ", plaintiff, DIANNE E. REESE and. . , . , . , , , , . . . . , . . . . . . . . . , . . . . . , . . , . . , , . . . . . . . . . . . . . . , . , . " 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 been entered; .................................................,.. ,. ........, ..........., ;$. ~.~ ~.~ ~ ~i ::-0::+::( x.;;,: :~.::.~'Z -.-...... Prothonotary By Allest: -~~ ~ ~.<! ~ N i ~ I . . ~ ~.~;:: ::~...~::.::--:: "~.>>::"'_ ':-.aox '::~ 10";:. ~~~~~~~~~~~~~~~~~~~~~ ",","" u '-." ~ ~.~ ~~~ ~ ~~~ ~ ,,",~ ~.~ * j ~ '-;.'. ~ ~.~ ;..~ ~ ,~~':, ~.~ ~ $', ~.S ~ '",,' ~ ... ~ ~'S * ~.~ ~ ~ ~ ~.~ ~ ~.! ~ ~.~ J. ~ ~.~ ,'~ ~ ~ " . . , fl\cu$t\reese.ord\lO-OO CHRIS A. REESE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO . 00 - 1791 DIANNE E. REESE, Defendant CIVIL ACTION - IN DIVORCE o R D E R AND NOW, this i"'" day of tJ~ , 2000, upon consideration of the foregoing motion, the Custody Agreement for Minor Children between the parties dated October 24, 2000, and attached hereto is hereby incorporated into the above captioned action and made an Order of Court. BY THE J. f_^_._"", "',. - ;'-',-,,- ---____"',c" """ ffi-- ~,~;.,~''''" - 'i" ,~ ",- -,oi:'.,.., ,,,, "" --~ H ,_ __ 'If ',. ,;;ie;",", ,,,'v "' " FILEO-o.~FtCE C~ 'r, 'co 1"-""1"' '''I "lTA/"'y Ii ::"{,-:- -j''-,:, i.~\--' \;l.'ll\fl 00 NO\l-a AM 9: SO CUMBERLAND COUNTY PENNSYLVANIA "'h" ,..,. ,~"".";"",,. .';,i::'",. .. . -,--, .: q '. fl\cust\reese.mot\10-00 ~ CHRIS A. REESE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO . 00 - 1791 DIANNE E. REESE, Defendant CIVIL ACTION IN DIVORCE MOTION TO MAKE CUSTODY AGREEMENT AN ORDER OF COURT CHRIS A. REESE, plaintiff in the above action, by and through his attorneys, STONE LaFAVER & SHEKLETSKI, moves that your Honorable Court make the attached Custody Agreement for Minor Children dated October 24, 2000, in the above captioned action as an Order of Court. STONE LaFAVER & SHEKLETSKI By Attar for Plaintiff f.,___ ," _'..0 - '..-; / - _ :,<'_d' :1';">--_"/i;,,-.;;.'-~:;": h----____.i--_-~- ..,-c_,_',,____,---- ,,'--n,-.,- . -- '" -.~ ~, ,- " ~ !~ ~ fl\cust\reese.agm\10-00 '. CUSTODY AGREEMENT FOR MINOR CHILDREN THIS AGREEMENT, made this ~1f1.., day of 8clrIber , 2000, by and between DIANNE E. REESE, of Cumberland County, Pennsylvania, (hereinafter referred to as "Mother") and CHRIS A. REESE, of Cumberland County, Pennsylvania, (hereinafter referred to as "Father") . WIT N E SSE T H: WHEREAS, Mother and Father have two children, AMANDA R. REESE, born September 6, 1987, and HEATHER L. REESE, born August 6, 1991; and WHEREAS, Mother and Father are parties to a divorce proceeding filed in the Court of Common Pleas of Cumberland County Pennsylvania to Docket No. 2000 - 1791 Civil Term; and WHEREAS, the parties hereto have mutually agreed to enter into an agreement for the custody and visitation of AMANDA R. REESE and HEATHER L. REESE, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to -1- 1"_. - ff Ii " ill , legally bind their heirs, successors, assigns, and personal represen- tatives, hereby covenant, promise, and agree as follows: 1. CUSTODY. The parties shall share legal custody of AMANDA R. REESE and HEATHER L. REESE. They shall consult with each other relative to all important decisions concerning the minor children, including but not limited to such matters as health, education, activities, and religion. The parties further agree that each shall have equal access to information concerning the children. Except as provided herein, Mother shall have primary physical custody of AMANDA R. REESE and HEATHER L. REESE subject to Father's right to partial physical custody of AMANDA R. REESE and HEATHER L. REESE as follows: A. WEEKENDS. Father shall have partial physical custody of the children on alternating weekends from after school on Friday to 7:00 P.M. on Sunday. B. WEEKDAYS. Father shall have partial physical custody of the children every Thursday from 5:00 P.M. to 8:00 P.M. C. SUMMER. During the summer months of every year, Father shall have partial physical custody of the minor children for two 2- week intervals from Friday at 6:00 P.M. to Sunday at 6:00 P.M., which shall be in addition to the periods of partial physical custody otherwise set forth herein. Father shall give Mother notice of the two -2 - ,. ~ I!IIII!lII'l! ;,'"""-C"""",,.,-- '.'i<~.,-,,^,:_) ..-',.,. - ____-'-:,_-~;-_;-~ ''':;'__;~___ "., ~ J ;-,.;:.>;" '.>" "." ,','''', ~ {,;"_' 2-week intervals for partial physical custody no later than May 1st of each year. D. HOLIDAYS. Father shall have partial physical custody of the minor children for the Thanksgiving holiday, from 9:00 A.M. to 7:00 P.M. on Thanksgiving Day in the year 2000 and in every even numbered year thereafter. Father shall have partial physical custody of the children for the Christmas holiday from December 24th at 5:00 P.M. to December 25th at 12 Noon commencing in 2001, and in every odd numbered year thereafter. Father shall have partial physical custody of the children for the Christmas holiday from December 25th at 12 Noon to December 26th at 12 Noon commencing in 2000, and in every even numbered year thereafter. Father shall have partial physical custody of the children on Easter Sunday and the 4th of July from 9:00 A.M. to 8:00 P.M. commencing in 2001, and in every odd numbered year there- after. Father shall have partial physical custody of the children on Memorial Day and Labor Day from 9:00 A.M. to 8:00 P.M. commencing in 2002, and in every even numbered year thereafter. E. TRANSPORTATION. Mother and Father shall share transportation responsibilities under this agreement with the parent who is receiving custody picking up the children. If Father cannot, for any reason, exercise his right of visitation he shall notify Mother at least 24 hours in advance of the scheduled visitation. -3- ;__,'.-,'LY', "_'_ -r,,_ ------'1--- ;--.'~"--','--- - "_..'00:_,_____ .-, "^ - ,- -~ -- '. I '~', .," I ,'.N;,> '" -~ ~ ~. . " 2. MISCELLANEOUS. A. No waiver or modification of any of the terms of this agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. This agreement may be modified by court order. B. This agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this agreement. Moreover, the parties hereby agree that the provisions of this agreement shall be entered as a custody order in the Court of Common Pleas of Cumberland County, Pennsylvania, or in such other appropriate court. C. This agreement constitutes the entire understanding of the parties regarding custody and supersedes any and all prior agree- ments and negotiations between them. There are no representations or warranties regarding custody other than those expressly set forth herein. D. If any term, condition, clause, section, or provision of this agreement shall be determined or declared to be void or invalid in law by a court of competent jurisdiction, only that term, condition, clause, section, or provision shall be stricken from this agreement, and in all other respects, this agreement shall be valid -4- ~ ;, - -~,; - ",N' ,--~,.'- ,_'0'-,- -, >-'- "\"_X:_::;_',,,,"_,,~-;,7~,~ ~ ,>,:,--~>' '., , '. and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. E. In the event there is a conflict between the weekend and holiday schedules, the holiday schedule shall take precedence and be the binding schedule. F. Both Mother and Father shall refrain from making derogatory comments about the other party in the presence of the minor children. Neither Mother nor Father shall use drugs while the minor children are with them. Both Father and Mother shall abstain from excessive use of alcohol while the minor children are with them. G. This agreement shall forever be binding upon the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this agreement by either Father or Mother until it shall have been fully satisfied and performed. The consideration for this agreement is the mutual benefits to be obtain by both of the parties hereto in the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties and the parties intend to be legally bound hereby. -5- ,,', ".".,,~ ,~ Ii ~ '" ' , '-1 ~- ,',{'",': .0C.,_.",_'_"", <;~"",-;:~ ;.3",';,:;'j>> ;':c'."'>,:';-,: - ,-"-- ",'",1:= ;:>1 _~, '-:-'<G,,;;';':;>-';-':-'; ',<'0;' ;'_"-c..'" " . - " :,;ii4i;~.;~-.';; ,:";i.~";,,,Cit- .', t,-;~-;;;r,,, ~ IN WITNESS WHEREOF, Mother and Father have set their hands and seals the day and year first above written. 1) 1lAI\J; t:.R 2 ~ M<., DIAN~E. REESE, Mother t?L//?~ CHRIS A. REESE, Father -6- ,:':".~" X:j";:;';";""'~~-]i ". -, .' '.' - " ;,j_~',~;,_GSj2L,,<;;:',/F;;:,g;j':'.;j;:,~;f&,(~'.j, ,i:,'ii~,~L_,'.;i:';~ ,--.;.....; ~,~L J:~-;,~,':,y."'.-:;~"i: ~;,' c~~:'~:'<b-<-, .,- _.-",-' 'f'-__.-'_~ -i:,:'->j".-~_; "-",;,;",,.L (SEAL) (SEAL) () s;;; "- "D('D rn-rn 2:7) zr-'- ~~~ '-0 ~ zR >c ~ ...., -y- C:l o z ~:> "'c:: C) .'n .-0 i-!.1;;2 ~{~B ("-~/) "'-j':"::' ?j~ r)ln =:j ;; -< ):>0 :x 9 '" (Jl fl\div\agr~t.inc CHRIS A. REESE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO . 00 - 1791 DIANNE E. REESE, Defendant CIVIL ACTION IN DIVORCE MOTION TO INCORPORATE AGREEMENT INTO DECREE IN DIVORCE CHRIS A. REESE, plaintiff in the above action, by his attorneys, STONE LaFAVER & SHEKLETSKI, moves that your Honorable Court incorpo- rate the attached agreement dated October 24, 2000, into the Decree in Divorce. STONE LaFAVER & SHEKLETSKI B '""-"""'" _' .". "'-"'.'_'~_' :,,-,' ~;. ',;':-':' -.-' ;~---~ ,,'~~' ~i .;:", _.h'>";, ". -' _, <,~,."", } - ,. .' '.' ,-,J,:;:,~.;'.' , -,. " . .~- ,,",- ;~--i ,-,,: __ I! Ii fl\div\agrmt.ord " CHRIS A. REESE, Plaintiff v. DIANNE E. REESE, Defendant AND NOW, this """ Y day of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - 1791 CIVIL ACTION - DIVORCE o R D E R tJ~ , 2000, the property settlement agreement between the parties dated October 24, 2000, and attached hereto is hereby incorporated into the Decree in Divorce. -- ~--' ;,; '_\;,"~''>;,-i' -,~\ :,::,~,~_",d, (::, ,. ~;~, .-~d" '-",-','----,,,,--,- --'''''~,1;._''__~:::" -- __ ", .:c,,,,~,""~ BY J. . -- - . "~/i;,.s:;~,:,~:;,:-~,-:_i.:_;:,:,':-c.-_ . ~~ "I - '-, '"",--',,,'. --'--"~--"'--'--",..-"--,_~.' ;o':~A'" -- -',>~ - --- I ,~ ", ~. 0;".-.,,'- FiLED-O~FICE OF T::'.. : 'JNOTARY 00 ~01J - 8 Ml 9: 5 ! CUfviBERLA,>jJ COUNTY PENNSYLVANIA , '~,-', "'-,,, fl\;gm\rees~.ca\10-00 AGREEMENT THIS AGREEMENT, made this ;l<-//A. day of oc/f; ~ , 2000, by and between DIANNE E. REESE, of Cumberland County, Pennsylvania, (hereinafter referred to as "Wife"), and CHRIS A. REESE, of Cumberland County, Pennsylvania, (hereinafter referred to as "Husband"); WIT N E SSE T H: WHEREAS, Husband and Wife were lawfully married on June 28, 1986, and WHEREAS, two (2) children have been born of this marriage, AMANDA R. REESE, born on September 6, 1987, and HEATHER L. REESE, born on August 6, 1991; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of -1- ~i, -. -~ ,. !~ all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Disclosure of Assets. Each party asserts that he or she has made a full and fair disclosure of all of the real and personal property of any nature whatsoever belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receiv- able by each party, and of every other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. 2. Advice of Counsel. Each party has been represented by an independent attorney, who was selected by the party whom he or she represents, in the negotiation and preparation of this agreement. Gerald J. Shekletski, Esquire, represented the Husband and Jane M. -2 - -<:<" 'I" :,~'___:"" :,---,-,--.-./.,'- < "J,-,:" - I!iIIIII r . Alexander, Attorney at Law, represented the Wife. This agreement has been fully explained to each party by that party's attorney. Each party has carefully read this agreement and is completely aware, not only of its contents, but also of its legal effect. 3. Lawfulness of Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 4. Freedom from Interference. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 5. Release of Claims. Wife and Husband each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or -3- i I, " Ii;,;.' ,. ';'_<~"._V<_" --,--,e',',-_' "-"'f'" 'rll!l!!!l!! -"",.,", 1 claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this agreement a full, complete and general release with respect to any and -4- i_'.,,_ 'I - 7_M~ "'ik._;.._ ,_v , _,J: I'"'" " ~ all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 6. Warranty as to Future Obliqations. Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them, includ- ing those for necessities. 7. Assumption of Liabilities. This provision sets forth the method for the payment and assumption of the debts and liabilities of the parties. Since the assumption is not binding on the creditor, the party assuming the debt agrees to indemnify the other party in the event the creditor seeks to hold such other party liable. Should the parties wish to bind the creditor and relieve the original debts from all liability, a novation should be executed. -5- 11,-, , :,1;';- - .,""" , ~ . '11 11 a. Husband assumes and agrees to pay and hold the Wife harmless against the following debts and obligations: Citibank Account No. 4271382200373799. If any claim, action or proceeding is hereafter brought seeking to hold the Wife liable on account of such debts or obligations, the Husband will, at his sole expense, defend the Wife against any such claim, action or proceeding, whether or not well founded, and Husband will indemnify and hold Wife harmless from and against such claim, action or proceeding. b. Wife assumes and agrees to pay and hold the Husband harmless against the following debts and obligations: Discover Card Account No. and Master Card Account No. The aforesaid Master Card account has been paid in full and closed. If any claim, action or proceeding is hereafter brought seeking to hold the Husband liable on account of such debts or obligations, the Wife will, at her sole expense, defend the Husband against any such claim, action or proceeding, whether or not well founded, and Wife will indemnify and hold Husband harmless from and against such claim, action or proceeding. 8. Warranty as to Future Obliqations. Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this agreement, neither -6- .. -!~ , i,~_: _,'_" , ,~,., "'" -.,._'__,;..,,,.'<_"c' - ;':/-~"--' . " " ,-~ .~ party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them, including those for necessities. 9. Personal Property. Husband and Wife shall receive the personal property listed under their respective names on Exhibit A which is attached hereto and incorporated by reference herein. Wife and Husband do hereby acknowledge that they have otherwise heretofore divided the marital personal property including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. 10. Cash. All cash presently in the possession of either party shall be and remain their separate property, free and clear of any claim whatsoever on the part of the other. -7- I'," - - : ,', ~ - - c :,'-:'.::,,,,: i,~;; I~ ~ 11. Cash Payment by Husband. The Wife shall receive and the Husband shall deliver or cause to be delivered to the Wife the sum of Twenty Thousand and NO/l00 ($20,000.00) Dollars at such time as Wife delivers to Husband a deed for the property known as 407 Market Street, New Cumberland, Cumberland County, Pennsylvania, as provided in paragraph 16 below. 12. Automobile to Husband. The Husband shall be the sole owner, free and clear from any claim on the part of the Wife, of the 1999 Chevrolet Silverado pick-up truck. 13. Automobile to Wife. The Wife shall be the sole owner, free and clear from any claim on the part of the Husband, of the 1991 Chevrolet Lumina. Husband shall deliver executed certificate of title, sales and use tax form and any other documents necessary to convey title within ten days of the execution of this agreement. 14. Pension/Retirement. Husband and Wife do hereby waive any and all right, title and interest which they may have in the any and all pension and/or retirement accounts of the other party. 15. Property Not Provided For. The parties hereto agree that they have, by the terms of this agreement, settled, to their mutual satisfaction, all rights that either may have in their property, whether owned by them jointly or separately, real and personal, and -8- I,. I"" ~ . " wheresoever situated. Any property not specifically provided for in this agreement, which the Husband or Wife owns or has the right to control or possess, shall be and remain his or her property, free and clear from any claim on the part of the other. 16. Real Estate. Wife hereby agrees to transfer and grant to Husband all of her right, title and interest in the real estate situate and located at 407 Market Street, New Cumberland, Cumberland County, Pennsylvania, upon receipt from Husband of: 1) the Twenty Thousand ($20,000.00) Dollar payment required under paragraph 11 above, and 2) evidence of Wife's full and complete release of all liability under the mortgage loan currently affecting the property. 17. Payment of Attorney Fees. Each party of this agreement hereby agrees that each of them will be solely responsible for the full payment of all attorney's fees and other costs heretofore and hereafter incurred, respectively, by each of them in connection with the negotiation, preparation, and execution of this agreement, and in connection with any action commenced by either party with respect to the divorce of the parties. Each party further agrees hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and expense (including additional attorney's fees) arising from a failure to pay all of the aforesaid attorney's fees and other costs. -9- :," ,-^-," ie-" --.,-,--,-",,'-- . ,___,,__~ J," -'I~ r 18. Informed and Voluntary Execution. Each party to this agreement acknowledges and declares that he or she, respectively: A. Is fully and completely informed as to the facts relating to the subject matter of this agreement and as to the rights and liabilities of both parties. B. Enters into this agreement voluntarily after receiving the advice of independent counsel, free from fraud, undue influence, coercion or duress of any kind. c. Has given careful and mature thought to the making of this agreement. D. Has carefully read each provision of this agreement. E. Fully and completely understands each provision of this agreement. 19. Mutual Cooperation. The Husband and the Wife shall each concurrently herewith, or at any time hereafter on the demand of the other, execute any other documents or instruments, and do or cause to be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of this agreement. 20. Severability. If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in -10- L. . -.', -, ,'; ,i.i-<-' ~. . '1111!!11 -' ,~" r . full force and effect without being impaired in invalidated in any way. 21. Reconciliation. If there should be a reconciliation of the parties after the date of execution of this agreement, this agreement shall nevertheless continue in full force until it is modified or abrogated by another written instrument to that effect signed by each of the parties hereto. 22. Future Earninqs. All income, earnings or other property received or acquired by either party to this agreement on or after the date of execution of this agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the effective date of this agreement, does hereby and forever waive, release and relinquish all right, title and interest in all such income, earnings or other property so received or acquired by the other. 23. Waiver of Riqhts. Each of the parties hereby irrevocably waive all rights which he or she may have to request any court to equitably distribute the marital property of the parties or to have alimony, alimony pendente lite or counsel fees awarded to either party, it being the express intention of the parties hereto to fully settle all claims which they have with respect to each other in this -11- ~ - -1'-'~1 ~ agreement. Each of the parties further agree to consent to the entry of a Decree in Divorce. 24. Waiver of Breach. 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. 25. Survival of Aqreement. If any term, condition, clause or provision of this agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, provision or provisions, shall be so construed, being the express intention of both parties hereto to have this agreement govern their relationship now or hereafter, irrespective of their marital status. 26. Jurisdiction. This agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and both parties consent and agree to the jurisdiction of the Court of Common Pleas of Cumberland County, pennsylvania, on account of any suit or action brought with respect to this agreement or any provisions or matters referred to in any provisions thereof. 27. Aqreement Bindinq on Parties and Heirs. This agreement shall be binding in all its terms, conditions, clauses and provisions -12- ;"m_.. L:,:..;" .-,-:.__,___ .'..,-, !~ 11 " II of the parties hereto and their respective heirs, administrators, executors and assigns. 28. Divorce. Husband and Wife agree to execute, at such time as they sign this agreement, all Affidavits of Consent and other documentation necessary to have a divorce decree entered pursuant to Section 3301(c) of the Divorce Code of Pennsylvania on the ground that the marriage is irretrievably broken. 29. Headinas. The headings or captions preceding the paragraphs in this agreement are inserted for convenience of reference only and shall not be construed in interpreting this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year above first written. lliJ\Jl.J2U1~ DIANNE E. REESE (SEAL) (X/ ~-- CHRIS A. REESE (SEAL) -13- _ Il"~'> _n' ,J! - ~~'!"II' . , ,'~ "'~ DIANNE E. REESE Refrigerator Toaster oven Crockpot Silverware Coffee maker/grinder Corning ware Microwave Washer/dryer Post/Pans Computer/table Avon dishes Germany steins VCR Playstation Televisions (2) 2 single beds or bunks 3 dressers Pictures/albums/frames Lighthouse stuff Couch/loveseat Cedar chest Holiday decorations Dining room table and chairs Small appliances Children's personal property Dog I>> EXHIBIT A CHRIS A. REESE Stove Dishes Freezer Hutch Entertainment center Stereo/speakers Hess trucks Television (1) Patio furniture Grill Master bedroom stuff Cat Recliner -14- ,_' .C -.,-, ~, ';. -, 1"""" (") C ->> "'- ;:g q2 7L!:.! '-..1--' 2'C ~tl 5:;:0 z['"""') )>e .:z: =< ""'C._.,-.,' . , <':;) o () "1', 4.1':: (:.) .~:: ..Li ,- -!'l'll ".,..." , :~-:.:,;{:S :r~ :f~ ,'---j "~.! i~5 ~f~ ~'--j ~" :0 -< ~-'> -;:~ S:-? i'\) .l;- fl\diV\ltrnsmit.pcp\7-97 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRIS A. REESE, v. NO. 00-1791 DIANNE E. REESE, ACTION IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S (330l(c)) ~ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Hand delivered April 3, 2000, Acceptance of Service filed April 5, 2000. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by S 3301(c) of the Divorce Code: by Plaintiff October 24, 2000 by Defendant October 24, 2000 (b) (1) Date of execution of the affidavit required by S 3301(d) of the Divorce Code: (2) A. Date of filing of Plaintiff's affidavit upon respondent: B. Date of service of Plaintiff's affidavit upon respondent: 4. Related claims pending: NO CLAIMS RAISED 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in s 3301(c) Divorce was filed with the Prothonotary: (I. ,- 0.., Date Defendant's Waiver of Notice in S 330l(c) Divorce was filed with the Prothonotary: 11.\,...." /~~/ Attorney for (PLAINTIFF)~) Supreme Court No. 40486 ~-~ " i'''~ " \'!I1L,~"~ ,~_ _ ._''''--;<;"''_ "~ g ~ ~rn Z:::o Vi~ .:.c::~ yc.. ?fo j;8, ~ Cl Q - <:5 .t:: :t"" ::J: 9 N 0" jJ () -n "__I ;l~~ '~~A~. I~~:!.l ';~C) csr>1 -\ ~ I'JI!IJI,,_. 1"ltr-~~"""",~"",,~.m,~~_~~!l~lm!g~"IlfI~ll!rl!II~ ~ Ii. , , ~ CHRIS A. REESE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. O-V. I7q I CIVIL TERM DIANNE E. REESE, 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 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, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland Count v Bar Association 2 Libertv Avenue Carlisle. PA 17013 Telephone: (717) 249-3166 !I I :1"""' .' 18'!f!. _ .~ _ II , . fl\di~\reese:com\3-00 > - CHRIS A. REESE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. U-O-I7'if ~T.......- DIANNE E. REESE, Defendant CIVIL ACTION LAW IN DIVORCE COMPLAINT 1. The plaintiff in this action is CHRIS A. REESE, an adult individual, who currently resides at 407 Market Street, New Cumber- land, Cumberland County, Pennsylvania 17070. 2. The Defendant in this action is DIANNE E. REESE, an adult individual, who currently resides at 407 Market Street, New Cumber- land, Cumberland County, pennsylvania 17070. 3. Both the Plaintiff and the 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 July 28, 1986, in Barstow, California. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. -1- , --~ ., - ., ,~ 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 7. The Plaintiff avers that two children have been born of this marriage. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of di- vorce. I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 P.C.S. 34904, relating to unsworn falsification to authorities. (!L4~ L Date: 1~//tlo CHRIS A. REESE STONE LaFAVER & SHEKLETSKI B~~~ GERALD . SHEKLETSKI, ESQUIRE Supreme Court ID # 40486 414 Bridge Street, P.O. Box E New Cumberland, PA 17070 Telephone 717-774-7435 Attorneys for Plaintiff -2- ~., , ~, .",.", .- , , .,,'):,., I~ ;'~ . , !;,_O-" 1 fl\div\cons~nt.aff . , CHRIS A. REESE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-1791 DIANNE E. REESE, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on March 23, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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 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 falsifica- tion to authorities. t%;f12~ /CJ/~CI Date CHRIS A. REESE, Plaintiff - ., . ~ - - , '-, - , . 0 0 ''") c 0 '::1-/ $: ;;z; 'n! "'Om 0 "';',"TI mpj ,- Zx '- ._,~j F;=; zr;: ::;:10 cn~>_. ~~~ -<.4_ l<G ::> ?Eo ::ll: )>8 '2 cjrn ~ '" );! :n c..> -< ~. " fl\div\l-waiver . . CHRIS A. REESE, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-1791 DIANNE E. REESE, Defendant CIVIL ACTION LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsifica- tion to authorities. /<yfdo . Date aw~ CHRIS A. REESE, Plaintiff ~ ". ,'p', , ;~ ! ;; , ,- " . . o c: s: ~m z:o zt; ~z t<.:Ci ~o 5>8 ~ o 0 o 'n % -.,-\ S2 <:;~ -.-,m ,.59 ~ '~i~ '2 ~ N ~ {..:> -< " . ,. , u ... .' ''''. v .....' , ..' ~,~, '-,'.L. .. ~~ ~ , , , ~, 411 ~ ., _ fl \di v\consent. aff ., CHRIS A. REESE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-1791 DIANNE E. REESE, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under S 3301(c) of the Divorce Code was filed on March 23, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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 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. s 4904 relating to unsworn falsifica- tion to authorities. /o/..J ,;/00 Date DIANNE E. REESE, Defendant lMvw [lJJ/lC ,~~,", ,~-" '~-,~,,- <--'.--..~,---. , , ,,.. . . .. 0 0 0 c: 0 -n s:: % ~-, -00:::) 0 "-~'12J ~.93 .:I;C .....,--.b1" zS; .'!'t'J ~Z ;~;~~:.!: 4:::,c; ;po ?;-~ ~O ::s: ~o ~ ~-tn ;pc: ':=\ ~ N ;po w ?il.. __IIL_ "'~~ ,-,--"",..-,",,-" ~ fl\div\l-waiver . . . , CHRIS A. REESE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00 -1791 DIANNE E. REESE, Defendant CIVIL ACTION LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsifica- tion to authorities. /6/)<1/00 Date ~~..c~ DIANNE E. REESE, Defendant !- ,~ ---, ,--,' .'. ~ ,~ , ',"0'" ~ > (') c: s::: "Q OJ rnrn ;2:::D ;2:'-- en ";;:>- -=<~:: KC) ~o )>8 ~ . . c C> ;z C> <:: I o -n :::.:t ~-ti;:D --fTI ',10 ~~~ ~() --rn o ,'-I ~ "< > ::It c::? N (".) ~ -~~''', . :'~ ~ _ J. . ,- t1\div\accept.srv .. . ,I CHRIS A. REESE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-1791 DIANNE E. REESE Defendant CIVIL ACTION LAW IN DIVORCE ACCEPTANCE OF SERVICE I, DIANNE E. REESE, defendant in the above captioned matter, accept service of a certified copy of the Complaint in Divorce filed March 23, 2000, to the above term and number. +.:1'-3 . ~) Date I J)0JJv\L~ DIANNE E. REESE, Defendant '. . ~" ~, " -' - , . '. ^'''f .~ 'I ~~!6I!\'!m_~ C) C:'!1 C:-.: C;:) so..,. ~ veD -u rl1rTi ::;0 f7~ g, ~) ~ !.) ~ -----! f- el 2~ <.r::. ;::; ="'q - <~ ~ E: (: == L,....::... )> C -:: ~ - . ,-) -TJ ", -'-':-'1 ~S~i; (:"" 'D -".',,-" I, -: i~fIi~ ."..~;.T"'" ,~" ..., ~1:l:b . .,-<;" t~Q _o,.j ?~ ,o""'-"'_~_ ~~~~~.~___1:'J1J, - ~ II I ^ " J ^ :j Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CHRIS A. REESE, VS. NO. 00-1791 Civil Term Defendant CIVIL ACTION - LAW IN DIVORCE DIANNE E. REESE, DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT IN DIVORCE WITH COUNTERCLAIM TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, TO WIT, this \Qif. day of ~ 2000, comes the Defendant, Dianne E. Reese, by her Attorney, Jane M. Alexander, Esquire, and files the following Answer to Plaintiff's Complaint in Divorce: COUNT I 1. Admitted, 2. Admitted, 3, Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7, Admitted. 8. Denied. Defendant has no knowledge as to what advice Plaintiff received, 9. Admitted, WHEREFORE, Defendant prays that a Decree be entered divorcing the said Defendant, Dianne Reese, and the Plaintiff, Chris A. Reese, from the bounds of matrimony. _, ~r_ _'~_ ,_,_ ' ~"O .- " COUNTER CLAIM COUNT A EQUTT ABLE DISTRIBUTION 10. The averments in paragraph one (1) through nine (9), inclusive, of the Complaint and of the Answer are incorporated herein by reference. 11, Through out the duration of this marriage, Defendant contributed considerable time effort and resources to the acquisition and maintenance of marital property which the parties now possess. WHEREFORE, Defendant respectfully requests the Court to equitably divide, distribute, or assign the marital property between the parties in such proportion as the Court deems equitable and just. COUNT B SUPPORT, ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 12. Paragraph one (1) through eleven (11) of the Complaint and of the Answer are incorporated herein by reference as though set forth in full, 13. Defendant, whose job experience is limited; requires reasonable support to adequately sustain herself in the standard of living established during the marriage. 14. Defendant has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. WHEREFORE, Defendant, Dianne E. Reese, prays this Honorable Court to enter an order awarding the Defendant support alimony, and alimony pendente lite, counsel fees costs ,~ , .! I t ~ and expenses, and equitably distributing the marital property and awarding such other relief as the Court deems just and reasonable. Date -" ,:1'- Respectfully submitted, u J e . Alexan r, Esquire ttorney for D endant 148 South Baltimore Street Dillsburg, PA 17019 Attorney 1. D. #07355 - II , . " I verify that the statements made in this 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 unsworn falsification to authorities. DATE: 4-h~co ~ Dianne E, Reese COMMONWEALTH OF PENNSYLVANIA S.S. COUNTY OF YORK Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, Personally appeared Dianne E. Reese who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. ~~OAO_ Dianne E, Reese Notarial Seal Halvard E, Alexander, Notary Public Diiisbur~ Boro, York County My Commission Expires April 23, 2001 Member, Pennsylvania Association at Notaries ~ ,