Loading...
HomeMy WebLinkAbout07-7167 TIMOTHY R. REED, Plaintiff VS. JESSICA R. REED, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA NO. Orj - r1l (.0'1 * CIVIL ACTION - LAW * IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, I COURTHOUSE SQUARE, CARLISLE, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 t • TIMOTHY R. REED, Plaintiff X VS. x 7! JESSICA R. REED, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. d7- ;116-7 CIVIL ACTION - LAW IN DIVORCE COMPLAINT COUNT I - DIVORCE UNDER §3301(c) or §3301(d) OF THE DIVORCE CODE 1. Plaintiff is Timothy Ryan Reed, who currently resides at 211 3' Street, Huachuca City, Cochise County, Arizona 85616. 2. Defendant is Jessica Rose Reed, who currently resides at 22 West Beale Avenue, Enola, Cumberland County, Pennsylvania 17025. 3. Defendant has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 2, 2001 in Pacific Grove, California. 5. The parties are the parents of two (2) minor children: Elijah James Reed, born July 24, 2002, and Emma Rose Reed, born September 12, 2004. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff is a member of the Armed Forces on active duty. 8. Plaintiff has been advised that counseling is available and that he may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 9. The cause of action and sections ofthe Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken; and (b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 10. Plaintiff requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. Respectfully submitted, Dated: // 2?- v ?- WILEY, LENOX, COLGAN & MARZZACCO, P.C. Thomas M. Clark, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. 4 85211 i VERIFICATION 1, Timothy R. Reed, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. §4904, relating to unworn falsification to authorities. Date: 26 Nyw 0 -7 OTHY .REED Plaintiff j. 44 cs7 ,:a D r TIMOTHY R. REED IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-7167 CIVIL TERM JESSICA R. REED, Defendant, CIVIL ACTION - DIVORCE AFFIDAVIT OF SERVICE I, Jeanette L. Roberts, being duly sworn, deposes and says that she is an adult and that she served the within Divorce Complaint, on the Defendant, Jessica R. Reed, at the Defendant's present address as follows: 22 West Beale Avenue, Enola, PA 17025, by certified mail, restricted delivery, return receipt requested on the 1St day of December, 2007. The Certified Mail Receipt and PS Form 3811 is attached hereto, marked Exhibit "A" and made a part hereof by reference thereto. Date: December 5, 2007 WILEY, LENOX, COLGAN & MARZZACCO, P.C. By: Je tte L. Roberts COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF YORK On this, the 5th day of December, 2007, before me, a notary public, personally appeared Jeanette L. Roberts known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. -4-dam a. NOTARY PUBLIC My Commission Expires: 9M %0NWBAL'7M OF PLONNSYLVANIA Notarial Seal S. Dawn Glafelter, Notary Public DNlsburg Boro, York County MY Commission Spires May 17,20M Member, Pennsylvania Association of Notaries r ¦ Complete items 1, 2, and 3. Also complete item 4 if Resiricted Delivery is desired. ¦ Print your name and address on the reverse sp that we can return the card to you. 1 Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: Lra.? -i>1A )-1 oa-S X( Agent R d by (Prin e) C. Date of Delivery /cc- 1&-/ s delivery address different from Item 1? ? Yes If YES, enter delivery address below: ? No 3. type Mail 0 Bpees Mail ? Registered 13 Return Receipt for Merchandise ? Insured Mail 13 C.O.D. 4. Restricted Delivery? (Extra Fee) Ag" 2. Article Number (rmnsWfnmrservice rayen _7007,0220 0003 3289 6351 PS Form 3811, Flbnery 2004 Domestic Return Receipt 102595-M4A-1540: EXHIBIT "A" -41 9 m cr) Q ?. a % \,„ TIMOTHY R. REED, Plaintiff vs. JESSICA R. REED, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA • * * NO. 87-7167 CIVIL TERM * * CIVIL ACTION -LAW * IN DIVORCE THIS MARITAL SETTLEMENT AGREEMENT, made this 21+L. day of (2'f ,*n y 2001, by and between, TIMOTHY R. REED of Huachuca City, Cochin County, Arizona (hereinafter referred to as "HUSBAND") and, JESSICA R. REED of Enola, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"): WITNESSETH: WHEREAS, the parties were married on August 2, 2001 in Pacific Grove, California; WHEREAS, HUSBAND and WIFE are the natural parents of two (2) minor children: Elijah James Reed, born July 24, 2002, and Emma Rose Reed, born September 12, 2004; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, parties and it is the intention of HUSBAND and WIFE to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters and in general, the settling of any and all claims and possible claims by either party against the estate covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: I. INTERFERENCE: Each party shall be fiee from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carr.v out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any 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 part of the other party which have occasioned the disputes or unhappy differences. 3. SUB3EOUENT DIVORCE: The parties hereby acknowledge hatfii d a Complaint in Divorce in York County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code and that the parties have lived separately and apart as required under Section 3301(d) of the Pennsylvania Divorce Code. The Divorce Complaint also included claims under Sections 3301(a)(2) and (a)(6). The parties hereby express their agreement that the marriage is irretrievably broken and they have lived separately and apart for more than two years, and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) or 3301(d) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. Tt is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or .jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORA110N OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE ME: The effective date of this Agreement shall be the "date of execution" or "execution datedefined 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. 6. D15MIlUTIQN DATES: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date, which shall be defined as the effective date of this Agreement, unless otherwise provided for herein, including any spousal support and/or alimony payments. 7. MS,I'MAL RELEASE: 14USBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for al I time to come, and for all purposes whatsoever, of and from any and all rights, 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 situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof. whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy 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 a 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 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, division of property, costs or expenses, whether arising as a result of the marital relations 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 each other by the execution of this Agreement a full, complete and general release with respect to any and all property ofany kind or nature, real, personal or mixed, which the other now owns or may hdreafter 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 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 Iite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. RFPRE ENTATION BY COUNSEL; HUSBAND has been represented by Thomas M. Clark, Esquire, and HUSBAND acknowledges that he has signed this Agreement freely and voluntarily after full consultation with his counsel. At the commencement of and at all stages during the negotiations of this Agreement, WIFE has been informed that Thomas M. Clark, Esquire has acted solely as counsel for HUSBAND and has not advised nor represented WIFE in any manner whatsoever. WIFE, at the commencement of and at all stages during the negotiation of this Agreement, has been advised that be could be represented by counsel but at all times has elected not to be so represented. WIFE has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure oftheir respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXJSUi G OBLIWIONS: Each party represents that .they have not heretofore incurred or contracted for any debt or liability or obligation 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 from 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. 10. W RANTY AS TO Ft[TURE OBLIGATIONS; HUSBAND and WIFE 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 from 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. 11. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles ofpersonal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. BANK ACCOUNTS: HUSBAND and WIFE have owned various accounts during their marriage in both their individual and joint names. it is acknowledged that they have divided the jointly held accounts to their mutual satisfaction and they hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 13. 111 TOR VEHICLES: The parties agree to divide the motor vehicles as follows: HUSBAND shall retain 301r,-and exclusive possession of the2003 BMW 325ci. WIFE shall retain sole and exclusive possession of the pre2a Each party is responsible for the vehicles distributed to them, including the payment of insurance and maintenance, and each party agrees to indemnify and hold harmless the other party for failure to make payments thereon. Further, each party agrees to execute any and all documentation to give effect to this paragraph within ten (10) days of a request of the other party. 14. DEBT: It is agreed that HUSBAND shall assume and be solely responsible for any and all obligations that are currently in his name alone and shall indemnify and hold WIFE harmless against any liability resulting from his failure to make payments on these debts. It is agreed that WIFE shall assume and be solely responsible for any and all obligations that are currently in bet name alore and shall indemnify and hold HUSBAND harmless against any liability resulting from her failure to make payments on these debts. IS. PENSIONS I RETIREMENT kC tNTS: HUSBAND has a military retirement benefit as a result of his services in the United States Armed Forces. It is agreed that HUSBAND shall retain sole and exclusive ownership of this account, and that WIFE hereby waives any right, claim or interest she may in this account. Additionally, both parties hereby waive any right, title or interest they may have in any other retirement or pension plan owned by the other party. 16. LIFE INSURANCE: Each party shall retain sole ownership of any life insurance policy they may have acquired in their individual name and shall make any beneficiary designation they deem appropriate. 17. HEALTH INSURANCE: Each party shall be responsible for their own health insurance coverage. 18. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pcndente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite. spousal support, counsel fees and court costs. 19. AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are 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. 20. INCOME TAX: HUSBAND and WIFE agree to file separate tax returns beginning with the tax year 2007. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either df them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 21. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"s, specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise speci recally 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. 23. 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 damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or herproperty in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any ,jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 25. EMIRE AGREE ENT: This Agreement contains the entire understanding ofthe parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shalt inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shalt from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLA USES: Ifany 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. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISUMURE: The parties confirm that they have relied on the completeness and substantial accuracy ofthe financial disclosure ofthe other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other parry in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party. at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 31. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as 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 defaults of the same or similar nature. 32. DE MPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 33. ,APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. Y R. , D Thomas M. Clark, Esquire COMMONWEALTH OF PENNSYLVANIA 3)41 OW11?1 : SS. COUNTY O On this, day of , 200p, before me a Notary Public, personally appeared Jessica Rose Reed, know to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Joseph W. Souders, Notary Pd* Susquehanna Twp., Dauphin Courily my Commission Expires Feb. 5, 2009 Nty ubhc Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF . SS. On this, the _ day of , 2007, before me a Notary Public, personally appeared Timothy Ryan Reed, known to me to be the person whose name is subscribed to the within Marital Settlement Agreement 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 -i r::J "C1 c TIMOTHY R. REED PbdHtitl; V. JESSICA R. REED, Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7167 CIVIL TERM CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on November 29, 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. 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. It /11140- °s Date unothy R. Plaintiff C ? q ?-C1 ? 7 ? T _e l ? V tt, , , 2 ? 1 a, "i - C D TIMOTHY R. REED IN THE COURT OF COMMON PLEAS plaice, CUMBERLAND COUNTY, PENNSYLVANIA • NO. 07-7167 CIVIL TERM V. JESSICA R. REED, Defendant, CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330110 OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. I I MAP, aT Date thy R. Reed laintiff ? ?., =-tif a=<1 "?, w?? a ^?+.. ! i . " .....?? _?,,.? fr_,r / / ? ?' TIMOTHY R. REED IN THE COURT OF COMMON PLEAS plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA . NO. 07-7167 CIVIL TERM V. JESSICA R. REED, . Defendant, CIVIL ACTION - DIVORCE AFFIDAVIT OE CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on November 29, 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. 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. 'b\5 zft Date R. Reed Defendant Q' c TIMOTHY R. REED IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-7167 CIVIL TERM JESSICA R. REED, Defendant, CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST EINTItY OF A DIVORCE DECREE UNDER SECTION 33301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses 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 this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date Vudca R. Reed Defendant ?°9 S? ? 1 ? '°i'i ?r ? . ..?^ p j ? ? y {Ve 1 t ? j f V M TIMOTHY R. REED IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-7167 CIVIL TERM JESSICA R. REED, Defendant, CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: The Defendant was served by Certified, Restricted Delivery Mail, Return Receipt Requested on December 1, 2007, said Affidavit of Service was filed with this Honorable Court on December 6, 2007. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff March 11, 2008 ; By Defendant: March 15, 2008. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: All related claims were settled by a Marital Settlement Agreement dated February 28, 2008 and filed with the Court on March 13, 2008. ?. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in Section. 3301(c) Divorce was filed with the Prothonotary: March 20, 2008; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: March 24, 2008. Resp 1 Submitted: Date: By: Thomas M. Clark, Esquire Supreme Court I.D. #85211 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 (Attorney for Plaintiff) v °m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY irik Ark STATE OF PENNA. TIMOTHY R. REED, Plaintiff VERSUS JESSICA R. REED, Defendant No. 2007-7167 CIVIL TERM DECREE IN DIVORCE AND NOW, /y IT IS ORDERED AND DECREED THAT AND TIMOTHY R. REED JESSICA R. REED ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,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 terms and provisions of the Marital Settlement Agreement signed by the parties and dated February 28, 2008 are hereby incorporated but not merged in the Decree of Divorce and remain binding upon the parti s. BY THE 0UU?RT: -villw6ka. L? ,.'!/ ATTE,9?t: n ?t J. PROTHONOTARY al? !. &QL