HomeMy WebLinkAbout07-1703MAR-28-2007 01:33PM FROM-
WIX, WENGER & WEIDNER
Stephen J. Dzuranin, Esquire
sdzuranin@wwwpalaw.com
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Plaintiff
T-949 P-002/003 F-722
EDWARD R_ REYNOLDS, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
SANDIE R. REYNOLDS, CIVIL ACTION - LAW
Defendant IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
nlOime cot fnrfh in Oho fnilowinn nanps_ voti mi ist take nromot 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 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 the Cumberland County 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 THE DIVORCE OR
MAR-28-2007 01:33PM FROM- T-949 P. 003/003 F-722
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 V01 I r'ANINIOT AFizr)P 1 TO HIRE A I A1IVVFR THIR n;:F:I l= MAY RP
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
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Cumberland County Bar Association
32 South Bedford Street
Carlisle PA 17013
(717) 7AQ..A1r,9
L" 1
WIX, WENGER & WEIDNER
Stephen J. Dzuranin, Esquire
sdzuranin@wwwpalaw.com
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Plaintiff
EDWARD R. REYNOLDS, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CASE NO. 07 - /103 l.' lu?? ` ?1
SANDIE R. REYNOLDS, CIVIL ACTION - LAW
Defendant IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, comes the Plaintiff, Edward R. Reynolds, by and through his
attorneys, Wix, Wenger & Weidner, and files the within Complaint against the
Defendant, Sandie R. Reynolds, averring as follows:
Count I - Under Section 3301(c) and (d) of the Divorce Code
1. Plaintiff is Edward R. Reynolds, an adult individual who currently
resides at 235 Regal View, Carlisle, Cumberland County, Pennsylvania 17013.
Plaintiff has lived at said address since December 2002.
2. Defendant is Sandie R. Reynolds, an adult individual who
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currently resides at 235 Regal View, Carlisle, Cumberland County, Pennsylvania
17013. Defendant has lived at said address since December 2002.
3. Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for at least six months immediately previous to the
filing of this Complaint.
4. The Plaintiff and Defendant were married on May 14, 2005 in
York, York County, Pennsylvania.
5. The Plaintiff and Defendant are both citizens of the United States
of America and are not members of the Armed Forces.
6. There have been no prior actions of divorce or for annulment
between the parties in this or any other jurisdiction.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised that counseling is available and that
Plaintiff may have the right to request that the Court require the parties to participate in
counseling.
9. Plaintiff requests the Court to enter a decree of divorce.
WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree
of Divorce pursuant to Section 3301(c) or Section 3301(d) of the Pennsylvania Divorce
Code of 1980, as amended (the "Divorce Code")
Count II - Equitable Distribution
10. Paragraphs 1 through 9 hereof are incorporated herein by
reference.
11. During the marriage, Plaintiff and Defendant have acquired
various items of marital property, both real and personal, which are subject to
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equitable distribution under Section 3501 of the Divorce Code.
12. Defendant may have owned, prior to the marriage, property, real
and personal, which property has increased in value during the marriage and/or which
has been exchanged for other property, which has increased in value during the
marriage, all of which is "marital property."
13. Plaintiff and Defendant have been unable to agree as to an
equitable division of said property to the date of the filing of this Complaint, and
substantial portions of said property are in the exclusive control of Defendant.
WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree
for Equitable Distribution pursuant to Section 3501 of the Divorce Code.
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
Pa.C.S. §4904, relating to unsworn falsification to authorities.
Edward R. eynolds, aintiff
Date: Il! 2 , 2007 Respectfully submitted,
WIX, WE GER & WEIDNER
By
St p n J. Dz ranin, . #52653
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for Plaintiff
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EDWARD R. REYNOLDS, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO. 07-1703 Civil Term
SANDIE R. REYNOLDS, CIVIL ACTION -LAW
Defendant IN DIVORCE
ACCEPTANCE OF SERVICE
I, Sandie R. Reynolds, the Defendant in the above-captioned matter, do hereby
accept service of the Complaint In Divorce.
a
San ie R. Reynolds
Dated: ?( 3
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07- I7o3
MARITAL SETTLEMENT AGREEMENT
THIS MARITAL SETTLEMENT AGREEMENT (the "Agreement") is made as of
the - day of 2G , 2007, by and between Edward R. Reynolds, an adult
individual currently residing at 235 Regal View, Carlisle, Cumberland County,
Pennsylvania (the "Husband"), and Sandie R. Reynolds, an adult individual currently
residing at 235 Regal View, Carlisle, Cumberland County, Pennsylvania (the "Wife").
Recitals
The background of this Agreement is as follows:
R-1. The parties hereto, being Husband and Wife, were lawfully married on May
14, 2005, in Wrightsville, York County, Pennsylvania.
R-2. Differences have arisen between Husband and Wife and, as a result, they
live separate and apart from each other (despite residing in the same house) and have
done so continuously since on or March 28, 2007 (the "Separation Date").
R-3. On or about March 28, 2007, Husband filed a divorce complaint in
Cumberland County, Pennsylvania, which action is docketed to No. 07-1703 Civil Term
(the "Divorce Action"), which divorce complaint was served on the Wife on April 3, 2007.
R-4. There are no children resulting from the marriage of Husband and Wife.
R-5. Husband and Wife desire to settle and determine finally, and for all time,
their mutual property right, support, and other matters related in any way to their marriage.
NOW THEREFORE, in consideration of the mutual promises, covenants, and
undertakings herein contained, the parties hereto, each INTENDING TO BE LEGALLY
BOUND HEREBY, agree as follows:
1. Recitals. The Recitals set forth above are incorporated herein by reference as if
set forth in full.
2. Divorce. It is specifically understood and agreed by and between the parties, and
each party does hereby warrant and represent to the other that, as defined in the
Pennsylvania Divorce Code, their marriage is irretrievably broken. Husband filed
the Divorce Action on or about March 28, 2007, and the parties agree that more
than ninety (90) days has expired since the filing and service of the complaint in the
Divorce Action; therefore, the parties agree to take all legal steps (including the
timely and prompt submission of all documents and the taking of all action)
necessary to assure that a divorce pursuant to Section 3301(c) of the Pennsylvania
Divorce Code is entered as soon as possible. This Agreement shall be
incorporated by reference, but not merged into the Divorce Decree presented to the
Court. Husband and Wife shall at all times hereafter have the right to live separate
and apart from each other and to reside from time to time at such place or places
as they shall respectively deem fit, free from any control, restraint, or other
interference whatsoever by the other. Neither party shall molest the other nor
endeavor to compel the other to cohabit or dwell with him or her by any legal or
other proceedings. The foregoing provision shall not be taken to be an admission
on the part of either Husband or Wife of the lawfulness or unlawfulness of the
causes leading to their living apart.
3. Marital Residence. The parties are the owners, as tenants by the entireties, of
certain real property located at 235 Regal View, Carlisle, Cumberland County,
Pennsylvania (the "Real Property"), on which Real Property the parties had their
marital residence and on which the parties continue to reside. The Real Property is
subject to a loan and mortgage in favor of Chase Mortgage Services with a current
balance of approximately $152,500 (the "Mortgage"). Regarding the Real Property,
the parties agree as follows:
a. Wife shall move out of the Real Property as soon as practical, but in no
event later than August 31, 2007.
b. Wife shall waive and relinquish all of her interest in and to the Real Property
by the execution of a special warranty deed substantially in the form
attached hereto as Exhibit A.
c. Husband shall remove Wife from the Mortgage as soon as possible, but in
no event later than one hundred twenty (120) days of the date of this
Agreement; provided however, if Husband has taken all reasonable steps
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necessary to apply to remove Wife from the Mortgage, or to apply for a
refinancing of the same within the said one hundred twenty (120) day period
and such has not been approved, such time period shall be extended for
such additional time as is reasonably necessary to complete such
refinancing, but in no event more than an additional sixty (60) days.
d. Wife shall execute any and all forms or documents reasonably required by
Husband, his attorney, or his financial institution to effectuate the provisions
of this paragraph, including, without limitation, any forms attached hereto as
Exhibit B.
e. In the event Husband decides to move out of the Real Property within two
years of the date of this Agreement, the parties agree that Wife shall have
the first option to purchase the Real Property for its appraised value, as
determined by an independent real estate appraiser of the Husband's
choosing. Husband agrees to provide Wife with notice of such move not
later than three (3) months before such anticipated move. Upon receipt of
such notice, Wife shall have fifteen (15) days to notify Husband that she
wishes to consider purchasing the Real Property. Upon receipt of such
notice, Husband shall order an appraisal of the Real Property from a
qualified licensed appraiser of Husband's choosing and the cost of the same
shall be shared equally between the parties. Upon receipt of a copy of the
appraisal report, Wife shall have fifteen (15) days to notify Husband whether
she wishes to purchase the Real Property for the value determined by such
appraisal. In the event that Wife notifies Husband within such fifteen (15)
day time period that she exercises this right to purchase the Real Property,
she shall present the Husband with a signed written agreement containing
the said appraisal value as the purchase price (including a deposit of 5% of
the said appraised value) and containing such terms and conditions as are
ordinary and customary for the purchase of residential real estate in the
Central Pennsylvania area. Thereafter, Wife shall close on the said
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purchase no later than sixty (60) days after the date of execution of such
written agreement by both parties. In the event that Wife notifies Husband
that she does not intend to purchase the Real Property, or if Wife fails to
notify Husband of her desire to purchase the Real Property with the initial
fifteen (15) day notice period, or if Wife fails to deliver a signed written
agreement to purchase the Real Property within fifteen (15) days of receipt
of the appraisal report, or if Wife fails to close on the purchase of the Real
Property within sixty (60) days after the written agreement is signed by both
parties, Wife's rights to purchase the Real Property pursuant to the terms of
this sub-paragraph shall expire and become null and void.
4. Equitable Distribution of Personal Property. Husband and Wife acknowledge
that, except as specifically set forth herein, they have divided all personal property
acquired during the marriage to their mutual satisfaction. Upon Wife moving out of
the Real Property, except as otherwise agreed upon by the parties in writing,
physical possession of any item of personal property shall constitute ownership of
the same (unless title is otherwise evidenced by a separate writing, in which event
the separate writing shall control).
5. Companion Pet. The parties are the joint owners of a Rottweiler/Chow mix dog
named Kaley, whom the parties consider to be a "companion animal," as that term
is defined in Pennsylvania Senate Bill No. 366, a copy of which is attached hereto
as Exhibit C (the "Pet Act"). Although the parties acknowledge that the Pet Act is
not currently Pennsylvania law, they nevertheless hereby express their strong
desires to treat Kaley as a companion animal in the same fashion as if the Pet Act
was Pennsylvania law.
a. Therefore, the parties agree that possession and care of Kaley shall be on a
week to week basis, with each party having possession and care from
Sunday at approximately 6:00 p.m. until the following Sunday at
approximately 6:00 p.m. The party who is receiving Kaley shall provide
transportation. Notwithstanding this schedule, possession and care of Kaley
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shall be at such other times as the parties may mutually agree.
b. The parties further agree that each party shall be responsible for all costs
of caring for Kaley while in his or her possession except that all veterinarian
expenses (including, but not limited to, regular checkups and extraordinary
care) shall be divided equally between the parties.
6. Automobiles.
a. Wife shall retain ownership of the 2006 Jeep Commander or its
replacement, and Wife shall be responsible for all payments on loans
secured by this automobile, repairs, insurance and all other costs incurred
as a result of such ownership. Husband hereby waives any right, title or
interest that he may have in said automobile.
b. Husband shall retain ownership of the 2007 Audi A4, or its replacement, and
Husband shall be responsible for all payments on loans secured by this
automobile, repairs, insurance and all other costs incurred as a result of
such ownership. Wife hereby waives any right, title or interest that she may
have in said automobile.
7. Profit Sharing, Retirement, and Securities. Husband and Wife each expressly
waive and relinquish any and all right or interest that he or she may have in and to
the other's retirement, 401(k), profit sharing, pension, and other similar employer-
provided plans and incentives.
8. Bank Accounts. Husband and Wife shall each retain the money held in those
accounts undertheir respective names. Each party waives and relinquishes any
and all right or interest that he or she may have had in the amount of money held in
the other's accounts.
9. Stock. Husband and Wife shall each retain the shares of stock held under their
respective names. Each party waives and relinquishes any and all right or interest
that he or she may have had in the other's shares of stock.
10. After-Acquired Propert y. Husband and Wife acknowledge that they have been
living separate and apart since the Separation Date. Each party expressly waives
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and relinquishes any right or interest he and she may have in property, real,
personal, or mixed, purchased or otherwise acquired by the other party after the
Separation Date, except as specifically set forth herein.
11. Current Debts. Except as specifically provided for relative to loans for the
automobiles, which is addressed in paragraph 6 hereof, each party shall assume all
debts currently held in their respective names. Each party hereby represents and
warrants to the other that he or she has incurred no undisclosed debts or
obligations for which the other is responsible. Each party hereby indemnifies and
holds the other party harmless from any and all debts, liabilities, and obligations,
including without limitation, any attorneys fees actually incurred by the indemnified
party, as a result of any debts or obligations in such party's name and those that
are not otherwise disclosed hereunder.
12. Future Debts. Neither party shall contract or incur any debt or liability for which the
other party or his or her property or estate might be responsible, and shall
indemnify and save harmless the other party from any,and all claims or demands,
including attorneys' fees and costs, made against him or her by reason of debts or
obligations incurred by such party.
13. Taxes. Husband and wife will file separate tax returns for 2007 and future years.
The parties are each responsible for their own federal, state, and local taxes due for
2007 and future years. In the event that any prior year tax returns are audited
resulting in additional taxes owing, the party for whose income or asset resulted in
such additional tax owing shall be responsible for such additional tax, including,
without limitation, all penalties and interest thereon.
14. Indemnification. Each party hereby expressly agrees to indemnify and hold
harmless the other from any and all liability, direct or indirect, including attorneys'
fees and costs, that may arise in connection with any obligation, joint or otherwise,
for which the party has agreed hereunder to bear sole responsibility, or which the
party has failed to disclose and provide for herein.
15. Disclosure. Each party asserts that he or she has made full and complete
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disclosure of all of the real and personal property of whatsoever nature and
wherever located belonging in any way to either of them, of all debts and
encumbrances incurred in any matter whatsoever by each of them, of all sources
and amounts of income and retirement savings received or receivable 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. The parties confirm that each has relied upon the
substantial accuracy of the financial disclosure of the other, as an inducement to
the execution of this Agreement.
16. Other Writings. Each of the parties hereto agrees to execute any and all
documents, deeds, bills of sale or other writings necessary to carry out the intent of
this Agreement or any part thereof, without undue delay or objection.
17. Counsel Fees. Each party agrees to pay his or her own attorney fees and other
costs associated with the subject matter of this Agreement, including, without
limitation, the Divorce Action.
18. Mutual Release. Except as otherwise specifically provided herein, the parties
hereby release and discharge, absolutely and forever, each other from any and all
rights, claims and demands, past, present, or future, specifically, without limitation,
from the following: alimony pendente lite; alimony; spousal support; division of
property; claims or rights of dower and right to live in the marital residence; right to
act as executor or administrator in the other's estate; rights as devisee or legatee in
the Last Will and Testament of the other; any claim or right as beneficiary in any life
insurance policy of the other; and any claim or right in the distributive share or
intestate share of the other party's estate.
19. Entire Agreement/Amendment. This Agreement constitutes the entire
understanding between the parties, and there are no covenants, conditions,
representations or agreements, oral or written, of any nature whatsoever, other
than those herein contained. This Agreement may be amended by the parties only
by a written instrument signed by both parties hereto.
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20. Nonwaiver of Performance. 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 of the provisions
of this Agreement shall not be construed as a waiver of any subsequent default of
the same or similar nature.
21. Invalidity. 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 as if such provision had not been initially included. The failure of any
party to meet her or his obligations under any one or more of the provisions herein,
with the exception of the satisfaction of the conditions precedent, if any, shall in no
way avoid or alter the remaining obligations of the parties.
22. Breach. If either party breaches any provision of this Agreement, the other party
shall have the right, at his or her election, to sue for such breach at law or in equity
to enforce any rights and remedies which the party may have, and the party
breaching this Agreement shall be responsible for legal fees and costs incurred by
the other in enforcing his or her rights under this Agreement.
23. Governing Law. This Agreement shall be construed in accordance with the laws
of the Commonwealth of Pennsylvania.
24. Successors in Interest. Except as otherwise provided herein, this Agreement
shall be binding upon and inure to the benefit of the parties hereto, their respective
heirs, executors, administrators, successors or assigns.
25. Legal Effect. THE PROVISIONS OF THIS AGREEMENT ARE INTENDED TO
EFFECT A LEGALLY BINDING PROPERTY SETTLEMENT BETWEEN THE
PARTIES. HUSBAND HAS BEEN REPRESENTED BY WIX, WENGER &
WEIDNER AND STEPHEN J. DZURANIN, ESQUIRE. WIFE HAS BEEN
ADVISED TO SEEK LEGAL COUNSEL TO REPRESENT HER INTERESTS AND
HAS CONSULTED WITH INDEPENDENT LEGAL COUNSEL OR HAS MADE
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THE DETERMINATION NOT TO DO SO AND SPECIFICALLY AGREES THAT
THE SAID DETERMINATION SHALL NOT CONSTITUTE GROUNDS FOR
INVALIDATING THIS AGREEMENT OR ANY PART THEREOF. EACH PARTY
ACKNOWLEDGES THAT HE OR SHE EACH HAS READ THIS AGREEMENT,
HAS BEEN AFFORDED SUFFICIENT TIME TO DISCUSS THIS AGREEMENT
AND ALL FINANCIAL AND OTHER INFORMATION RELATED TO THIS
AGREEMENT WITH COUNSEL, FULLY UNDERSTANDS THE FACTS, AND
HAS BEEN FULLY INFORMED AS TO HIS OR HER LEGAL RIGHTS AND
OBLIGATIONS BY COUNSEL, AND EACH PARTY ACKNOWLEDGES AND
ACCEPTS THAT THIS AGREEMENT IS FAIR AND EQUITABLE, THAT IT IS
BEING ENTERED INTO FREELY AND VOLUNTARILY AND THAT THIS
AGREEMENT AND THE EXECUTION OF IT IS NOT THE RESULT OF ANY
DURESS, UNDUE INFLUENCE OR COLLUSION.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
WITNESS:
HUSBAND:
4 /?
Edward R. eynolds
WITNESS:
\nnP:P:-
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COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF CU"P"
On this, the 11?day of 2007, before me, a Notary Public, the
undersigned officer, personally appear Edward R. Reynolds, known to me (or
satisfactorily proven) to be the person whose name is signed to the foregoing instrument
and acknowledged that he executed the same for the purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my,hand and notarial seal.
OFYLVANIA
COMMONWT NRT
?RIAt SEAS Public
NIIEA, Notary
County
KATNRY Carlisle, Cumberland0? 201'0
My Commission Expires Oct.
Notafy Public
My ommission Expires: is ?ac"Ilao(o
(SEAL)
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF
On this, the ]_Dfday of 409?uk , 2007, before me, a Notary Public, the
undersigned officer, personally appea d Sandie R. Reynolds, known to me (or
satisfactorily proven) to be the person whose name is signed to the foregoing instrument
and acknowledged that she executed the same for the purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
PENS IA
ONWEAL7H OF
NOTARIAL SEAL
c
RIN E, 9ERILLA? N I nr CCU lic
Cer1141e Cumbur , Nota Public
Boro of O't My Commission Expires: ((s. ?c? DLa 1 a
o mmissioa ?xpi ?0
(SEAL)
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EXHIBIT A
Special Warranty Deed
Prepared By and Return To:
Wix Wenger & Weidner
Post Office Box 845
Harrisburg, PA 17108-0845
Tax Parcel No. 29-06-0019-028
THIS DEED
Made the day of
(2007)
, in the year of our Lord two thousand seven
Between EDWARD R. REYNOLDS, JR. and SANDIE R. REYNOLDS, as joint
tenants with the right of survivorship and not as tenants in common,
parties of the first part ("Grantors")
AND
EDWARD R. REYNOLDS, JR., an adult individual, party of the second
part ("Grantee")
Witnesseth, that the said Grantors, for and in consideration of the sum of ONE and
00/100 ($1.00) Dollar lawful money of the United States unto Grantors well and truly
paid by the Grantee, the receipt of which is hereby acknowledged, do hereby grant,
bargain, sell, alien, enfeoff, release, convey and confirm unto the said Grantee,
Grantee's heirs and assigns,
ALL THAT CERTAIN lot of land situate in North Middleton Township, Cumberland
County, Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point on the northern side of Regal View (50 feet) at corner of Lot No.
35 on the hereinafter mentioned Plan of Lots; thence by Lot No. 35 North seven
degrees twenty-nine minutes eighteen seconds East (N 07° 29' 18" E) one hundred
twenty-five and zero hundredths (125.00) feet to a point at the dividing line between
Lots No. 18 and 19 on Phase One; thence by Lot No. 19, South eighty-two degrees
thirty minutes forty-two seconds East (S 82° 30'42" E) eighty-five and zero hundredths
(85.00) feet to a point at Lot No. 34; thence by Lot No. 34 South seven degrees twenty-
nine minutes eighteen seconds West (S 07° 29' 18" W) one hundred twenty-five and
zero hundredths (125.00) feet to Regal View; thence by Regal View, North eighty-two
degrees thirty minutes forty-two seconds West (N 82° 30'42" W) eighty-five and zero
hundredths (85.00) feet to the place of Beginning.
BEING Lot No. 35 on a Final Subdivision Plan for North Ridge Phase II made by
Hartman and Associates, Inc., for Fred A. Gettys and recorded in Cumberland County
Plan Book 76, Page 74.
CONTAINING 10,625.00 square feet.
HAVING thereon erected a two-story residential dwelling known and numbered as 235
Regal View, Carlisle, Pennsylvania 17013.
UNDER AND SUBJECT to certain Building and Use Restrictions recorded in
Cumberland County Misc. Book 571, Page 1012, and to further Building and Use
Restrictions recorded in Misc. Book 576, Page 547.
UNDER AND SUBJECT, also to all restrictions, reservations, conditions, and
easements set forth on the recorded Plan of Lots.
BEING the same premises which Edward R. Reynolds, Jr., by deed dated August 5,
2005 and recorded August 17, 2005 in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Deed Book 270, Page 2368 granted and
conveyed unto Edward R. Reynolds, Jr. and Sandie R. Reynolds, husband and wife, as
Joint Tenants with Right of Survivorship, and not as Tenants in Common, Grantors
herein.
THIS IS A CONVEYANCE BETWEEN HUSBAND AND WIFE OR BETWEEN
PERSONS WHO WERE PREVIOUSLY HUSBAND AND WIFE WHO HAVE SINCE
BEEN DIVORCED AND IS THEREFORE TAX EXEMPT PURSUANT TO 72 P.S. §
8102-C.3. (6)
UNDER AND SUBJECT, to all restrictions, reservations, conditions, covenants,
easements and rights-of-way of prior record.
Together with all and singular the hereditaments and appurtenances thereunto
belonging or in anywise appertaining and the reversions and remainders, rents, issues
and profits thereof and all the estate, right, title, interest, property, claim and demand
whatsoever of the Grantors, in law, equity or otherwise, of, in and to the same and
every part thereof.
To Have and to Hold the above-described premises with the appurtenances unto the
Grantee, Grantee's heirs and assigns, forever.
And the Grantors do hereby covenant and agree to and with the said Grantee, that
they, the Grantors, their executors and administrators, shall and will SPECIALLY
WARRANT AND FOREVER DEFEND the hereinabove described premises, with the
hereditaments and appurtenances, unto the Grantee, Grantee's heirs and assigns,
against the Grantors and against every other person lawfully claiming or who shall
hereafter claim the same or any part thereof, by, from or under him, her, them or any of
them, shall and will, subject as aforesaid, SPECIALLY WARRANT AND FOREVER
DEFEND.
In Witness Whereof, the Grantors have hereunto set their hands and seals the day
and year first above written.
WITNESS:
Edward R. Reynolds, Jr.
Sandie R. Reynolds
Commonwealth of Pennsylvania
. SS.:
County of
On this, the day of , 2007, before me, a Notary Public, the
undersigned officer, personally appeared Edward R. Reynolds, Jr., known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within deed and
acknowledged that he executed the same for the purposes therein contained.
In Witness Whereof, I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
(SEAL)
Commonwealth of Pennsylvania
County of
SS.:
On this, the day of , 2007, before me, a Notary Public, the
undersigned officer, personally appeared Sandie R. Reynolds, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within deed and
acknowledged that she executed the same for the purposes therein contained.
In Witness Whereof, I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
(SEAL)
Hereby Certify that the precise residence of the Grantee is
235 Regal View, Carlisle, PA 17013.
Attorney for Grantee
F_\sjd17414 Reynolds, Edward R.(Domestic Relations)\14293 Domestic Relations\Documents\Reynolds Deed.doc
EXHIBIT B
Forms to Remove Wife from Mortgage on Real Property
In Possession of Husband
Exhibit C
Copy of Senate Bill No. 366
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PRINTER'S NO. 404
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 366 Session of 2007
INTRODUCED BY GREENLEAF, COSTA AND RAFFERTY, MARCH 12, 2007
REFERRED TO JUDICIARY, MARCH 12, 2007
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing, in divorce, for
3 legislative findings and intent, defining "companion animal";
4 and further providing for effect of agreement between parties
5 and for equitable division of marital property.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 3102(b) of Title 23 of the Pennsylvania
9 Consolidated Statutes is amended and the section is amended by
10 adding a subsection to read:
11 § 3102. Legislative findings and intent.
12
13 (a.1) Companion animals.--The Commonwealth recognizes that
14 companion animals are living beings that are generally regarded
15 as cherished family members and that offer their human owners
16 companionship, security and assistance. Companion animals occupy
17 a special category of personal property which does not include
18 inanimate personal property. Therefore, it is the policy of the
19 Commonwealth that special consideration be-extended to companion
1 animals when the division of personal property is planned or
2 determined under this part.
3 (b) Construction of'part.--The objectives and policies set
4 forth in (subsection (a)] subsections (a) and (a.1) shall be
5 considered in construing provisions of this part and shall be
6 regarded as expressing the legislative intent.
7 Section 2. Section 3103 of Title 23 is amended by adding a
8 definition to read:
9 § 3103. Definitions.
10 The following words and phrases when used in this part shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13
14 "Companion animal." The term includes an animal that falls
15 under one or both of the following categories:
16 ? !_) An animal commonly referred to as a «pet>>.
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17 (2) An animal that has been bought, bred, raised or
18 otherwise acquired in accordance with applicable law for the
19 primary purpose of providing: the owner with assistance in
20 relation to a disability, security or companionship, rather
21 than for business or agricultural purposes.
22 ***
23 Section 3. Sections 3105 and 3502 of Title 23 are amended by
24 adding subsections to read:
25 § 3105. Effect of agreement between parties.
26 ***
27 (d) Possession and care of companion animal.--
28 Notwithstanding any other provision in this part, parties may
29 enter into an enforceable agreement regarding either the
30 possession of a companion animal or the care of a companion
20070SO366BO404 - 2 -
1 animal, or both. Among other things, an agreement regarding a
2 companion animal ma specify the following:
3 (1) The periods of time during which each party will
4 possess the companion animal.
5 (2) The financial responsibility of each party regarding
6 the care of the companion animal.
7 § 3502. Equitable division of marital property.
8
9 (g) A companion animal.--Upon the request of either party,
10 the court shall provide for the possession of a companion animal
11 after considering all relevant factors.
12 Section 4. This act shall take effect in 60 days.
A2L23DMS/20070S0366B0404 - 3 -
EDWARD R. REYNOLDS, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CASE NO. 07-1703
SANDIE R. REYNOLDS, CIVIL ACTION - LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on March
28, 2007 and served on the Defendant on April 3, 2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. 1 consent to the entry of a final decree of divorce.
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.
E ward R. Reynolds, PI tiff
DATE: &v g2.ST" l :? , 2007
F:\sjd\7414 Reynolds, Edward R.(Domestic Relations)\14293 Domestic Relations\Documents\Affidavit of Consent.doc
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EDWARD R. REYNOLDS,
Plaintiff
V.
SANDIE R. REYNOLDS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: CASE NO. 07-1703
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER -4 3301(C)
OF THE DIVORCE CODE
1. 1 consent to the entry of a final decree of divorce without notice.
2. 1 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. 1 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 falsifications to authorities.
Edward R. eynolds, Plaintiff
Dated: L &%/&'f`` c+- , 2007
F:\sjd\7414 Reynolds, Edward R.(Domestic Relations)\14293 Domestic Relations\Documents\Waiver of Notice for Ed and
Sandie.doc
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EDWARD R. REYNOLDS, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CASE NO. 07-1703
SANDIE R. REYNOLDS, CIVIL ACTION - LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on March
28, 2007 and served on the Defendant on April 3, 2007.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. 1 consent to the entry of a final decree of divorce.
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.
q'('AIX
SSanAdl R. Reyno ds, Defendant
DATE: , 2007
FAsjd\7414 Reynolds, Edward R. (Domestic Relations)\14293 Domestic Relations\Documents\Affidavit of consent.doc
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EDWARD R. REYNOLDS,
Plaintiff
V.
SANDIE R. REYNOLDS,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CASE NO. 07-1703
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER $ 3301(c)
OF THE DIVORCE CODE
1. 1 consent to the entry of a final decree of divorce without notice.
2. 1 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. 1 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 falsifications to auth ritie .
Sandie R. Reynolds, Defendant
Dated: '2007
F:\sjd\7414 Reynolds, Edward R.(Domestic Relations)\14293 Domestic Relations\Documents\Waiver of Notice for Ed and
Sandie.doc
EDWARD R. REYNOLDS,
Plaintiff
V.
SANDIE R. REYNOLDS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: CASE NO. 07-1703
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. Ground for divorce: irretrievable breakdown under Section [3301(c)
3304-M] of the Divorce Code. (Strike out inapplicable section).
2. Date of filing and manner of service of complaint: filed March 28, 2007;
served in person upon Defendant who accepted service on April 3, 2007. Acceptance
of Service form was filed on April 11, 2007.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by §3301(c) of the
Divorce Code: by Plaintiff August 17, 2007; by Defendant August 17, 2007.
(b)(1) Date of execution of the affidavit required by §3301(d) if the Divorce
Code: N/A; (2) Date of filing and service of the Plaintiff's affidavit upon the
respondent: N/A
4. Related claims pending: None.
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: N/A.
(b) Date Plaintiff's Waiver of Notice was filed with the Prothonotary:
August 29, 2007.
Date Defendant's Waiver of Notice was filed with the Prothonotary:
August 29, 2007.
Respectfully submitted,
WIX, WENGER & WEIDNER
Date: August 29, 2007
Stppl*n J. ura , Esquire
Attorney ID $52653
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorney for Plaintiff,
Edward R. Reynolds
F:\sjd\7414 Reynolds, Edward R.(Domestic Relations)\14293 Domestic Relations\Documents\Praecipe to Transmit Record.doc
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IN THE COURT OF COMMON PLEAS
AND NOW, 2007 IT IS ORDERED AND
EDWARD R. REYNOLDS,
Plainitff
VERSUS
SANDIE R. REYNOLDS,
No. 07-1703
DECREE IN
DIVORCE
DECREED THAT
AND
OF CUMBERLAND COUNTY
STATE OF PENNA.
EDWARD R. REYNOLDS , PLAINTIFF,
SANDIE R. REYNOLDS
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
9 DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The Marital Settlement Agreement dated August 17, 2007, a copy of which
is attached hereto, is incorporated herein by reference but not merged
into this Decree in Divorce.
BY THE COURT:
ATT
PROTHONOTARY
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