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HomeMy WebLinkAbout02-5945DONALD R. REAVEY, Plaintiff, VICKIE L. REAVEY, Defendant. : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYI,VANIA : :NO. ~ "~ . : ~ ' - : CIVIL ACTION - 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 [rAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERED AGAINST YOU BY THE C, OURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY OTHER CLAIM OF 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 GROUNDS 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 CUMBERLAND COUNI'Y COURTHOUSE, ONE COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONCE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PENNSYLVANIA LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE~ PA 17013 DONALD R. REAVEY, Plaintiff, V. VICKIE L. REAVEY, Defendant. : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE COMPLAINT FOR DIVORCE UNDER SECTION 3301(c) OR 3301(d) of the DIVORCE CODE COUNT I - DIVORCE 1. This Honorable Court has jurisdiction with respect to this matter pursuant Section 931 of the Judicial Code (42 Pa. C.S.A. § 931) and Section 3104 of the Divorce Code (23 Pa. C.S.A. § 3104). 2. Venue is proper in this Judicial District because the Defendant is a resident of Cumberland County and because both parties own property in Cumberland County. 3. Plaintiff is Donald R. Reavey, who resides at 295 Weaver Road, Millersburg, PA 17061. 4. Defendant is Vickie L. Reavey who resides at 9 North 24th Street, Cumberland County, Camp Hill, PA, 17011 formerly the marital home. 5. Plaintiff and Defendant each has been a bona fide resident of and in the Commonwealth of Pennsylvania and Cumberland County for at least six (6) months immediately preceding the filing of this Complaint. 11. 12. Plaintiff and Defendant were married on December 23, 1997 in the Methodist Church in the Settlement of Current on the island of Eleuthera in the nation of the Bahamas. There have been no prior actions of divorce or for annulment between the parties. Plaintiff acknowledges notification of the availability of counseling as prescribed in the Pennsylvania Rules of Court. The marriage is irretrievably broken. Neither Plaintiff nor Defendant is in the military service of the United States of America. Plaintiff and Defendant separated in September of 2002, upon agreement between the parties when Plaintiff moved from the marital residence. Plaintiff and Defendant have no children. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce, divorcing the plaintiff and defendant, and if the parties enter into an agreement, that the same be incorporated in the decree and entered as an Order of the Court. COUNT Il - EQUITABLE DISTRIBUTION 13. The averments of paragraphs one through twelve are incorporated herein by reference. 14. 15. The parties have acquired various items during their marriage which can be considered marital property. Many of the possessions, however, were acquired to marriage and are thus not marital property. The primary asset acquired during the marriage was the marital home located at 9 North 24th Street Camp Hill, PA 17011 within Cumberland County. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce, divorcing the Plaintiff and Defendant, equitably distribute the parties property, determine what is marital and non-marital property, and if the parties enter into an agreement, that the same be incorporated in the decree and entered as an Order of the Court. DATE: it ~'/~--' ~'/# Z Respectfully submitted, Donald R. Reavey, Plaintiff 295 Weaver Road Millersburg, PA 17061 DONALD R. REAVEY, Plaintiff, VICKIE L. REAVEY, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. : : CIVIL ACTION - DIVORCE .. : VERIFICATION I, Donald R. Reavey, the Plaintiff in the attached Complaint, verify that the statements made in the Complaint are true and correct. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Donald R. Reavey DATE: DONALD R. REAVEY, Plaintiff, V. VICKIE L. REAVEY, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002 - 05945 : CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I, VICI<LIE L. REAVEY, THE NAMED DEFENDANT IN THE ABOVE CAPTIONED ACTION, ACCEPT SERVICE OF THE COMPLAINT FOR DIVORCE AND EQUITABLE DISTRIBUTION UNDER SECTION 3301 (c) of the DIVORCE CODE, ON MY OWN BEHALF. 9 North 24th Street Camp Hill, PA DONALD R. REAVEY, Plaintiff, V. VICKIE L. REAVEY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2002-05945 CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, Donald R. Reavey, Esquire, hereby certify that I did this 9th day of January 2003, serve a copy of the Acceptance of Service, upon the persons and in the manner indicated below: Service by First - Class Mail Addressed as Follows: Vicki L. Reavey 9 North 24th Street Camp Hill, PA 17011 CAPOZZI & ASSOCIATES, P.C. Date: January 9, 2003 Donald R. Reavey, Esquire Attorney I.D. No. 81498 2933 North Front Street Harrisburg, Pennsylvania 17110 Telephone: (717) 233-4101 DONALD R. REAVEY, Plaintiff, V. VICKIE L. REAVEY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 05945 CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT A complaint in divorce under §3301 (c) of the Divorce Code was filed on December 13, 2002. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Donald R. Reavey, Plaintiff DONALD R. REAVEY, Plaintiff, V. VICKIE L. REAVEY, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002 - 05945 : : CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT A complaint in divome under {}3301 (c) of the Divorce Code was filed on December 13, 2002. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint, I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. {}4904 relating to unsworn falsification to authorities. Date: ' ~ Vickie L. Reavey, Defendant DONALD R. REAVEY, Plaintiff, ¥o VICKIE L. REAVEY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 05945 CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCF DECREE UNDER §3301(c) and .63301 (d) OF THE DIVORCE CODF I consent to the entry of a final decree of divorce without notice. 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 understand that I will not be divorced until a divorce 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 penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ,-~/'~/0 ~ Vickie L, envoy, Defendant DONALD R. REAVEY, Plaintiff, V. VICKIE L. REAVEY, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002 - 05945 : : CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCF DECREE UNDER §3301(c) and §3301 (d) OF THE DIVORCE CODF I consent to the entry of a final decree of divorce without notice. 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 understand that I will not be divorced until a divorce 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 penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Donald R. Reavey, Plaintiff DONALD R. REAVEY, Plaintiff, V. VICKIE L. REAVEY, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002 - 05945 : : CIVIL ACTION - DIVORCE MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this~/t'q day of I/PI ,~,,.~t~ by and between DONALD R. REAVEY, hereinafter referred to as "Husband", and VICKI L. REAVEY, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on December 23, 1997. WHEREAS, the parties hereto separated on or about September 18, 2002; WHEREAS, there were no children bom during this marriage; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of setting 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 of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support 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 considerations, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. This Agreement shall not be considered to affect or bar the right of Husband or Wife to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. 2. The parties agree that, unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enfi)rced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity. 3. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divorce decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof. 4. 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 this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Carol J. Lindsay, Esquire. Husband has been advised of and understands his right to seek legal counsel to explain the provisions of this Agreement and their legal effect. Husband voluntarily waives his fight to legal counsel. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, thir and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. Each party agrees that he and she shall not, any further time, raise as a defense or otherwise the lack of such of disclosure that may have been fraudulently withheld. The parties further acknowledge that as a part of the settlement negotiations between the parties, each party has disclosed to the other party all assets owned by the disclosing party having a value in excess of five hundred dollars ($500.00) and further that neither party has failed to disclose assets having a total value of more than two thousand dollars ($2,000.00). 6. Husband and Wife, at all times hereafter, may and shall live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at sUch place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupations, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other or compel or attempt to compel the other to whatsoever, with him or her. cohabit or dwell, by and any manner 7. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (Including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature or wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any party thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowances, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any State, Commonwealth or territory of the United States, or any other country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relation or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give to each other the execution of this Agreement a full, complete and general release with respect to any and 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 provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. Husband and Wife are the owners of individual bank accounts, retirement accounts, pensions, employee savings plans and stock bonus plans. Husband and Wife agree that all accounts and plans shall be the sole and separate property of the person in whose name such are titled and each party waives any right, title or interest they may have in the other party's accounts or plans. Both parties agree to execute any documents necessary to effectuate this paragraph. 9. PERSONAL PROPERTY. Husband and Wife have accumulated various tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. The parties have divided their personal property to the satisfaction of both parties. The following items belonging to Husband have been left in the marital home with the permission of the Husband but are intended to be the property of the Husband and will be removed from the marital home two weeks after a sales contract has been entered into, any items remaining in the :marital home after that time will become the sole possession of the Wife: 1. Mahogany secretary's desk in the den, 2. Day bed in the den, 3. Books in the den, 4. One mahogany gate leg table on first floor, and one maple gate leg table on second floor, 5. A mahogany vanity table, mirror, and bench in the second floor bathroom, 6. A mahogany curio cabinet in the dinning room, 7. Oriental carpet in the living room and identical persian carpets in the bedroom and upstairs apartment and throw rug in the den, 8. Four dinning room chairs and two other decorative chairs which belonged to the Husband's family, 9. Blue leather chair in living room, 10, Mahogany stand and maple spindle stand :in living room belonging to Husband's parents, 11. Mahogany framed mirror hanging in hallway, and two paintings of Current, Eleuthera hanging in the second floor 12. two blue vases belonging to Husband's mother 13. Blue china lamp in the second floor apartment 14. Mahogany bed frame (full size) in the attic which belonged to Husband's Grandmother 15. Entertainment center in the living room, 16. Step ladder and 32 foot extension ladder and other miscellaneous hand tools belonging to Husband left at the Marital home, 17. Such other personal property as Husband and Wife might hereafter agree that belonged to Husband and which is the property of Husband. Each party shall retain as their sole and separate property their clothing, jewelry and other items of personalty. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to items which shall become the sole and separate property of the other. 10. AFTER-ACQUIRED PERSONAL PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effective, in all respects and for all purposes, as though he or she were unmarried. Further each of the parties waives and relinquishes any right, title and interest which either may have in such property acquired by the other party since separation. Should it become necessary for either party to execute any titles, deeds or similar documents to give effect to this paragraph, it shall be done immediately upon the request of the other party. 11. REAL ESTATE. The parties are the owners of a house located at 9 North 24th Street, Cumberland County, Camp Hill, PA (hereinafter "home" or "property"). Wife currently resides in the marital home. As it is in the interests of both parties to retain the home until it may be sold, Husband agrees to retain his name on the mortgage to the property. As Wife cannot afford to maintain the home alone, Husband agrees to pay to Wife $1,000 per month from the date of the execution of this Agreement until the sale of the home. Wife agrees to coordinate the repairs necessary to prepare the home for sale and to use her best efforts to sell the home. The parties recognize that the home was refinanced leaving a remainder of cash in the amount of $17,000 which is part of the current principal on the mortgage to the home, and that Husband retained $1,500 of this amount for personal reasons, and that $2,000 of this amount was used to purchase furniture for the home which the parties have agreed to divide. This leaves the amount of $13,500 which sum is accounted for to February 27, 2003 on the attached Joint Account Information prepared by Wife. The remaining amount is being retained by Wife to repair and maintain the marital home prior to sale. All repairs in excess of $200 shall be approved by the parties by E-Mail or in writing. Both parties acknowledge that the Marital Home has been placed on the market with a listing price of $249,900. The parties agree that the home will be sold as soon as is possible fi)r the first reasonable offer. A reasonable offer shall be defined as ninety-five percent (95%) of the listing price or the parties may agree to a lesser amount in writing. Any income or profit realized from the sale of the property will be split equally between the Husband and Wife, however Wife will be entitled to $10,000 before any income or profit: is split equally between the parties, this $10,000 will be paid first from the monies remaining from the refinance and secondly from any profit or income realized from the sale. Wife agrees to indemnify and hold Husband harmless for and against any and all claims arising out of Wife's failure to make the mortgage payments as specified in this paragraph provided Husband makes the $1,000 a month payments provided for in this paragraph. Each party agrees to execute all documents necessary to implement this paragraph. Husband and Wife will file income taxes separately and shall equally split the mortgage interest and real estate taxes for federal tax purposes for the current year and subsequent years, if applicable. 12. AUTOMOBILES. Three automobiles were owned by the parties at the time of separation on or about September 18, 2002. The 2000 Toyota Corolla shall be Wife's sole and separate property. Wife shall be solely responsible for the payment of any lease on her vehicle. Wife agrees to indemnify and hold Husband harmless for and against any and all claims arising out of Wife's failure to make payments as specified in this paragraph. The 2002 Dodge Durango and 1990 Toyota Pickup shall be Husband's sole and separate property. Husband shall be solely responsible for the payments of any leases or loans on these vehicles. Husband agrees to indemnify and hold Wife harmless for and against any and all claims arising out of Husband's failure to make payments as specified in this paragraph. Each party agrees to execute all documents necessary to implement this paragraph. 13. LIFE INSURANCE. If the parties are the owners of various life insurance policies. The life insurance policies shall be the sole and separate property of the insured. 14. CURRENT LIABILITIES. The parties have accumulated various debt during the marriage. Wife shall be solely responsible for the payment of any and all debt that is in her name. Husband shall be solely responsible for payment of any and all debt that is in his name. Husband and Wife have either canceled or divided all jointly held credit cards, and they shall be fully and solely responsible for the credit cards, other debts and loans as stated above. Except as otherwise liable for any past, present and future balances due on his credit cards, other debts and loans of any nature whatsoever, and he shall fully indemnify Wife regarding the same. If either party incurs any debt on a credit card titled to both parties after the date of the parties' separation, the party making the charge shall be solely responsible for payment of the charge amount and any accumulated interest. Each party agrees to indemnify and hold the other party harmless for and against any and all claims arising out of the party's failure to make payments as specified. 15. TAX CONSEQUENCES. The parties believe and agree, and have been so advised by their respective attorneys, if any, that the division of property heretofore made in this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Neither party will take any positions, on his or her federal or state income tax returns, with respect to the adjusted basis of the property assigned to him or her, or with respect to any other issue, which is inconsistent with the position set forth in this Agreement. 16. TAX RETURNS. The 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 either party in connection with the filing of a joint: federal, state or local income tax return for prior years, the parties shall equally share any loss or liability in connection with such tax deficiency, including counsel fees and such tax, interest, penalty or expense associated therewith, unless and only unless said tax, interest, penalty or expense is finally determined to be attributable to misrepresentations or failure to disclose the nature and extent of either party's separate income on joint returns, in which case any and all liability, cost or expense shall be the sole responsibility of the party responsible for the misrepresentation or failure to disclose the nature and extent of separate income. Wife will file the already prepared joint income returns for both Husband and Wife for 2001. 17. WAIVER responsible for payment payment of his legal fees. their legal fees or costs. OF PAYMENT OF LEGAL FEES. Wife shall be solely of her legal fees. Husband shall be solely responsible for Each party waives the right to have the other party pay any of 18. ALIMONY AND ALIMONY PENDENTE LITE. Wife and Husband do hereby waive, release and give up any rights they may respectfully have against the other for any alimony, alimony pendente lite, support or maintenance. It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking additional support from the other party, except as provided in paragraph 11, above. 19. WAIVER OF BENEFICIARY DESIGNATIONS. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to ipensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme. The parties by the terms of this Agreement specifically waive the rights of spouse beneficiaries established by federal or state statute including ERISA. Each party expressly states that it is his or her intention to revoke by the terms of this Agreement any beneficiary designations naming the other party which are in effect as of the date of execution of this Agreement. If the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 20. DIVIDED ASSETS. The parties agree to divide all of their assets including but not necessarily limited to real estate, financial accounts, cash, retirement funds, motor vehicles, personal effects and household contents as set forth in this Agreement. Husband and Wife hereby assign all of their respective rights, title and interest to the other as to the divided assets as set forth in this Agreement. Husband shall be the sole and exclusive owner of such assets as divided herein and designated for Husband. Wife shall be the sole and exclusive owner of such assets as divided herein and designated for Wife. 21. MUTUAL CONSENT DIVORCE. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that a complaint in divorce has been filed in the Court of Common Pleas of Cumberland County docketed as above captioned as civil action - divorce No. 2002 - 05945. The parties agree to have the divorce decree entered in that case pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (herein referred to as the Code). Accordingly, both parties agree to execute such stipulations, consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such stipulations, consents, affidavits, or other documents as may be necessary to proceed to obtain a divorce pursuant to said Section 3301(c) of the Code. Specifically, the parties agree to execute the Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Divorce Decree simultaneously with the signing of this Agreement. Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 22. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be :responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 23. WARRANTY AS TO FUTUR~ OBLIGATIONS. Husband and Wife each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 24. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 25. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonable require for the purposes of giving full force and effect to the provisions of this Agreement. 26. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 27. AGREEMENT BINDING HEIRS. This Agreement shall be binding and shall incure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 28. OTHER DOCUMENTATION. Husband and Wife covenant and agree that they will forthwith (and within no more than ten (10) days after demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement and make any transfers of property required to be made by this Agreement within ten (10) days of a request to do such. 29. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any other obligation herein. 30. ENFORCEMENT OF AGREEMENT. If either party breaches any provision of this Agreement, the other party shall be responsible for payment of legal fees and costs incurred by the other party in enforcing their rights under this Agreement or for seeking such other remedies of relief as may be available to him or her. 31. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provisions shall be stricken from this Agreement and, in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall, in no way, void or alter the remaining obligations of the parties. 32. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the test of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction, or effect. IN WITNESS WHEREOF, the parties intending to be legally bound hereto have set their hands and seals the day and year first above written. WITNESSES DONALD R. REAVEY DONALD R. REAVEY, · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : No. 2002-05945 V. .. : VlCKIE L. REAVEY, ' CIVIL ACTION - DIVORCE : Defendant. : To the Prothonotary: decree: 1. 2. PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court fo Ground for divorce: irretrievable breakdown under 3301 (c) of the Div( Date and manner of service of the complaint: December 23, 2002, DE Service of Complaint. (see Acceptance of Service attached). Date of execution of the Affidavit of Consent required by {}3301(c) if by Plaintiff March 23, 2003; By Defendant: March 23, 2003. Related Claims Pending: None. (a) Date Plaintiff's Waiver of Notice was filed with the Prothonotary: rv (b) Date Defendant's Waiver of Notice was filed with the Prothonotary: Donald R. Reavey, Esquire Attomey ID # 82498 Capozzi & Associates, P.C. 2033 North Front Street Harrisburg, PA 17110 (717) 233-4101 Attorney for Plaintiff · entry of a divorce ,rce Code. fendant Accepted he Divorce Code: arch 25, 2003. March 25, 2003. IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF DECREE IN ~Ol~T.n R. ~AVET PLAINTIFF VERSUS VICKIE L. REAVEY DEFENDANT PLEAS PENNA. 2002-05S45 AND NOW, DECREED THAT Divorce ~O~T.n R. REAYL~ , PLAINTIFF, AND VICKIE L. REAVEY , 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 FINAI~ Order~ HAS NOT yet BEEN ENTERED; By THE COURT: J ~OTARY