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HomeMy WebLinkAbout03-5936RONALD E. REATH, Plaintiff JODY L. REATH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ; : NO. 0.3 - 5'¥ 3 ~, CIVIL TERM : 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 arc warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any claim or rclief reqnested 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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 County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 RONALD E. REATH, Plaintiff JODY L. REATH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03- ffq3r~ CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE NO FAULT Plaintiff is Ronald E. Reath, an adult individual currently residing at 634 Brandy Run Road, Newville, Cumberland County, Pennsylvania. Defendant is Jody, an adult individual currently living on Shed Road in Newville, Cumberland County, Pennsylvania, where she has resided since approximately September 7, 2003, but who continues to use the mailing address of 634 Brandy Run Road, Newville, Cumberland County, Pennsylvania. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on December 31, 1984, in Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divome based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, ~, Esquire C~'It~ney fo~r Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. RONALD E. REATH, Plaintiff RONALD E. REATH, Plaintiff Vo JODY L. REATH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COLrNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. L~ fl - D~,g CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVICE I, Jody L. Reath, acknowledge that on or about November l<~ , 2003, I certified and true copy of a Complaint in Divorce in the above captioned action. received a I ' J~p' L. i~EATTH Sworn and subscribed to before me this 1~ day of November, ,2(~03. Notary Ptl~blic" RONALD E. REATH, Plaintiff JODY L. REATH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5936 Defendant IN DIVORCE AFFIDAVIT OF CONSENT CIVIL TERM 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on November 12, 2003, and served on November 18, 2003. 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. 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 ]?a.C.S. §4904 RELATiNG TO UNSWORN FALSIFICATION TO AUTHORITIES. JO~L. RE[TI~: Defendant RONALD E. REATH, Plaintiff JODY L. REATH, 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5936 Defendant IN DIVORCE AFFIDAVIT OF CONSENT CIVIL TERM 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on November 12, 2003, and served on November 18, 2003. 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. 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 'THE FOREGOING 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. koNALI~ I~. REATH, Plaintiff RONALD E. REATH, Plaintiff JODY L. REATH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION' - LAW NO. 03-5936 CIVIL TERM 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 THE FOREGOING 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. RONALD E. REATH, Plaintiff RONALD E. REATH, Plaintiff JODY L. REATH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5936 iN DIVORCE CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry ora final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division df property, lawyer's fees or expenses ifI 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 1N THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 F'a.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. JU I~. I~A~I'H, Def~'n~a~.t RONALD E. REATH, Plaintiff JODY L. REATH, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5936 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following infomaation to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301 (c) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Acceplance of Service by Defendant on or about November 18, 2003. 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: June 25, 2004 by Defendant: June 25, 2004 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiWs affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of iutention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiWs Waiver of Notice in §33.01 (c) Divorce was filed with the Prothonotary: July 1, 2004 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: July 1, 2004 ~rp~f~cx~ ~qAu~r;s Attorney j~r Plaintiff SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, madethis ~} dayof AJtl 0r-~~/t:w'''~ ,2003, byand between RONALD E. REATH, of 634 Brandy Run Road, Newville, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husbanae', AND JODYL. REATH, of Shed Road, Newville, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on December 31, 1984, in Cumberland County, Pennsylvania. 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, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of --Page 1 of 17-- Husband and Husband acknowledges that he has had the: opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; and NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: Advise of Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection and 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, fair and equitable and that it is being entered into free][y and voluntarily after having received such advice and with such knowledge 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 and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, of other unfair dealing on the part of the other, or on the part of the other's counsel.. Warranty of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the fonm of an informal exchange of information by the parties but also reflects the fact that the parties had personal --Page 2 of 17-- knowledge before their separation of their various assets and debts all of which for the basis of this Agreement between the parties. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects 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, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. Agreement not a Bar to Divorce Proceedings: This Agreement shall not be considered to affect or bar the fight of Wife or Husband to a limited or absolute 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 to be a condonation on the part of either party hereto of any act or acts on the party of the other party which may have occasioned the disputes or unhappy differences which have, occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of §3301(c) of the Divorce Code of 1980. Agreement to be Incorporated in Divorce Decree: The parties agree that the terms --Page 3 of 17-- of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their 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. 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 of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 8. Marital Debt: Each party hereby confirms, that they have not incurred any --Page 4 of 17-- additional debt since their separation that has in any way obligated the other party. Husband acknowledges that he has a certain Mastercard credit card in his name alone upon which Wife is neither a signator nor a ]liable party. Husband shall have sole and exclusive responsibility for repayment cf that credit card debt and shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever on account of that debt. Similarly, Wife has in her name alone certain credit card debt upon which Husband is neither an obligor nor a signator. Wife shall retain sole and exclusive responsibility and obligation for payment. Wif~ shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to any such credit card debt. Bank Accounts: For the mutual promises mad covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the: other any duty of accounting for disposition of any jointly held funds. More specifically, Wife hereby waives, relinquishes and transfers any and all right, title ~,nd interest she has in the parties' joint checking and savings account that they maintained as of the date of execution of this Agreement. Wife shall make no claim of any nature whatsoever to any entitled to funds in that account from the date of execution of this Agreement forward. 10. After-Acquired Personal Property: Each of the parties shall hereafter own and --Page 5 of 17-- 11. 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 effectively, in all respects and for all purposes, as though he or she were unmarried. Motor Vehicles: The parties acknowledge that Husband has a certain 1988 Jeep vehicle that currently exists with the title in Wife's name alone. Wife will convey all of her right, title and interest in the aforesaid vehicle by executing the Jeep title and any other documents that need to be executed in order to transfer title from Wife's name to Husband's name alone. Similarly, Wife will execute any documents necessary to transfer her interest in the parties' 4-wheelers that remain at the property at 634 Brandy Run Road, Newville, Cumberland County, Pennsylvania, as Husband or his representative request her to sign. Similarly, Wife has in her possession a 1999 Jeep Grand Cherokee vehicle, which is titled in her name alone. Husband will execute any documents necessary to waive, relinquish and transfer any and all right, title and interest he has individually or through his marriage to Wife in the aforesaid vehicle within fifteen (15) days of being requested to do so by Wife. Any encumbrances of any nature whatsoever that exist on any of the vehicles shall be the sole and exclusive responsibility of the party to whom the vehicle was titled, and each party will indemnify the other relative to any such encumbrances. It is further noted, however, that no known encumbrances exist on the vehicles as of the date of execution of this Agreement. --Page 6 of 17-- 12. 14. Real Estate: The parties are the joint owners of real estate located at 634 Brandy Run Road, Newville, Cumberland County, Pennsylvania. Wife hereby waives, relinquishes and transfers any and all right, title and interest she has in the aforementioned real estate, whether legal or equitable, and whether in her own right or through her marriage to Husband. Wife will execute a special warranty fee simple deed conveying all of her right, title and interest in the aforesaid property within fifteen (15) days of being presented with such a deed by Husband or his legal representative. From the date of execution of this Agreement forward, Wife makes no claim of any nature relative to any entitlements to any interest of any nature whatsoever in the aforesaid property. It is further noted that the property is encumbered with a mortgage due and owing to Wells Fargo and a second mortgage due and owing to All First Bank. Husband shall be solely and exclusively responsible for repayment of those mortgages and shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid loans. In addition, though, the parties acknowledge that Husband is in the process of refinancing the first and second mortgages on the property so as to remove Wife as an obligor on those mortgages and to have those mortgages satisfied, thereby removing them from both parties' credit records as pending encumbrances. Reciprocal Waivers of Pension Interests: The parties acknowledge that they each have secured a certain 401(k) account that ex!ists through their current or past --Page 7 of 17-- 15. 16. employment with Lear Corporation. Each party waives, relinquishes and transfers any and all right, title and interest that they have in the other party's 401(k) account, either individually or through their manriage, to the other party and all execute any documents necessary to so waive, relinquish or transfer their rights. Neither party shall make claim of any nature whatsoever against the aforesaid 40 l(k) accounts from the date of execution of this Agreement forward. Further, the parties shall make no claim of any nature to any such retirement accounts, whether 401(k) accounts, individual retirement accounts, pension, annuity, profit sharing plans, or other retirement accounts or plans that were in existence or may be in existence at the time of execution of this Agreement. Each party shall retain their own retirement accounts in their name alone without claim from the other party. Warranty as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. Spousal Support, Alimony, Alimony Pendente Lite, and Spousal Maintenance: Husband and Wife hereby waive any right or claim that they may have any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against the other party. Each party acknowledges that they have a sufficient income and assets from which to draw upon to provide for themselves and to maintain themselves in the standard of --Page 8 of 17-- 17. living in which they were accustomed while together. Neither party will make any claim of any nature through filing of any type of documentation to request compensation from the other party in the form of support or maintenance from the date of execution of this Agreement forward. Child Custody and Support: The parties are the natural parents of one child, namely, Ashley Lynn Reath, bom December 31, 1989. The parties shall enjoy shared legal and physical custody of the child. With respect to physical custody, the child shall alternate being in the physical custody of each party on a week on week off basis, with exchange routinely occurring on Friday evening. The parties shall make appropriate accommodations so that the child spends periods of time on holidays with the parent with whom she would not otherwise be, based upon the alternating week physical custody arrangement. The parties further acknowledge that the child is of an age that she has a wide variety of activities in which she is involved, all of which will be taken into consideration relative to this custody arrangement. Further, each party acknowledges that they will be providing for the child relative to her day to day needs and as such, and in consideration of Husband continuing to maintain the child on his health insurance through his place of employment, neither party will make any claim of any nature whatsoever against the other relative to the desire to have, or the need for, child support. Each party is able to appropriately maintain the child for their periods of physical custody on their respective incomes and further acknowledge that in this manner each party can provide for the child appropriately and allow her to maintain her standard of --Page 9 of 17-- living that she enjoyed when the parties resided together. The parties acknowledge that they will share in claiming the child, Ashley, as a tax dependent beginning with the 2004 income tax return. For the year 2004 and all even numbered years thereafter, Wife shall claim the child as a tax dependent. For the year 2005 and all odd numbered years thereafter, Husband shall claim the child as a tax dependent. This right to claim the child as a tax dependent shall not be effected by any modification relative to the cnstody or support aspects of this Agreement. 18. Mutual Releases: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, 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 and wheresoever situate, which he or she 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 as 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 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 either party may have --Page 10 of 17-- 19. or at any time hereat'ter 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 ~,rising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or 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. Divorce: It is understood that Husband shall initiate a Complaint in Divorce against Wife pursuant to §3301(c) of the Divorce Code of Pennsylvania and as such this Agreement may be incorporated, but not merged, into that Agreement. It is further acknowledged, however, that this Agreement shall not be effected in any manner whatsoever due to the filing of the referenced Divorce Complaint or those pending proceedings, but rather, it is intended that this Agreement shall resolve all issues relative to all rights available to either party under the Divorce Code of 1980 as amended and, thereby, avoid the need or necessity of initiating any claims for any rights under the Divorce Code through the pending divorce action. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore --Page 11 of 17-- b.) 20. 21. mutually waive any and all rights they may have under §3502, et. of the Pennsylvania Code, Act. No 1980-26. This Agreement may be offered in evidence irt the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall he binding and conclusive to the rights of all parties. Legal Fees: It is understood that Husband has retained the services of Bradley L. Griffie, Esquire, with the law firm of Griffie & Associates in order to initiate the processing of a no fault Divorce Complaint, previously referenced, and in the preparation of the within document. Wife shall provide Husband with fifty (50%) percent of the total fees and costs paid by Husband to the law firm of Griffie & Associates for the processing of the Divorce Complaint, this Agreement, and other documentation necessary in order to finalize th,: parties' divorce as a §3301(c) divorce. Wife shall either provide one-half of the required retainer as set forth in the fee agreement letter provided to Husband by Griffie & Associates or, in the altemative, shall compensate Husband on a monthly basis with respect to any and all billings he receives from Griffie & Associates for fifty (50%) percent of all services rendered in this matter. Remedy for Breach: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment --Page 12 of 17-- 22. 23. 24. of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes and equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divome Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. Summary of Effect of Agreement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the: divorce action pending between the parties. Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equally divided their marital property. The parties have determined that such equal division conforms 'to a right and just standard with regard to the rights of each party. The division of existing marital property is no, except as may be otherwise expressly provided herein, intended by the parties to --Page 13 of 17-- institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a party of the marital estate. 25. Mutual Cooperation/Duff to Effectuate Agreement: 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 reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 26. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 27. Severabilit~: 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. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the --Page 14 of 17-- 28. 29. 30. 31. a.) parties. 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 of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. Effect o£ Divorce Decree: 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. Notices: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: To Husband in care of Griffie & Associates at 200 North Hanover Street, --Page 15 of 17-- b.) Carlisle, PA 17013. To Wife at __ Shed Road, Newville, PA 17241. 32. 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. 33. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way defied, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 34. Agreement Binding on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 35. Governing Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: Date I - --Page 16 of 17-- RONAL~'D L. RE, TH J~Y L. ~EATH COMMONWEALTH OF PENNSYLVANIA : CO T¥OF : On this ~ff! :d"day of j~r~.~t~'- ,2003, before me, the undersigned officer, personally appeared RONALD L. REATH, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. 1N WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA : COUNTY OF ( IA la~ ~( (.~( ~:d : : On this [ q day of , ,.003, before me, the undersigned officer, personally appeared JODYL. REATIt, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. lX(ot~ary Publi~ --Page 17 of 17-- IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY STATE OF ~~ PENNA. RONALD E. RRATH: Plaintiff VERSUS JODY L. REATH, Defendant NO. 03--5936 civil Term DECREE IN DIVORCE AND NOW,~?-- DECREED THAT RoD~ld R. i~nt-h ~7~ IS OrDErED AND , PLAINTIFF, AND Jody L. Reath ,DEFENDANT, ARE DIVORCED FROM The ~30NDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH hAVE been rAISED Of rEc~)l~iaN~Thl$ aCTION FOR WH, ICh a final ORDER hAS NOt YET BEEN ENTERED; The parties' November 21 , Separation & Property Settlement Agre, gmenj; idated ~ d 2003 is incorporated herein, but ,~t ~rqe . BYTHE ~OURT: /' ATT EST j~/'~-~/~ ~~ROTHONOTARY