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HomeMy WebLinkAbout08-012060 BONNIE L. DIXON REID, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 1010 2008 ROGER W. REID, 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 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 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, Hanover & High Streets, Carlisle, Pennsylvania 17019. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Dauphin County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BONNIE L. DIXON REID, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. o P - lau 200$ ROGER W. REID, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Bonnie L. Dixon Reid, by her attorneys, Wix, Wenger & Weidner, and files the within Complaint against the Defendant, averring as follows: Count I - Under Section 3301 (d) of the Divorce Code 1. Plaintiff is Bonnie L. Dixon Reid, an adult individual who currently resides at 6329 Pennsboro Drive, Mechanicsburg, Cumberland County, Pennsylvania. Plaintiff has lived at said address since March, 2007. 2. Defendant is Roger W. Reid, an adult individual who currently resides at 169 Junco Circle, Longs, South Carolina, 29568. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. The Defendant resided in the Commonwealth of Pennsylvania for many years until his relocation to South Carolina in 2006. 4. The Plaintiff and Defendant were married on August 17, 1996, in Dauphin 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. This action is not collusive. 8. Plaintiff has been advised of the availability of counseling and understands that he/she may have the right to request that the Court require the parties to participate in counseling. 9. The marriage is irretrievably broken. 10. The Plaintiff and Defendant have been separated since November, 2002. 11. The parties have already divided their assets pursuant to a Property Settlement Agreement Dated October 30, 2006. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Pennsylvania Divorce Code of 1980, as amended (the "Divorce Code") Respectfully submitted, WIX, WENGER & WEIDNER By: David R. Getz, I.D. #3483 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 DATE: ?? 5 ?2? b VERIFICATION I, Bonnie L. Dixon Reid, Plaintiff in the foregoing Complaint, have read the foregoing Complaint and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. a8?xn -4x- onnie L. Dixon Reid, Plaintiff DATE: I /' a ` _ ca r7 0 BONNIE L. DIXON REID, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 120 2008 ROGER W. REID, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE Paula A. Cribben, being duly sworn according to law, deposes and says that on January 10, 2008, she sent a true and correct copy of the Complaint in Divorce, properly endorsed, to Defendant, Roger W. Reid, by Certified Mail, No. 7006 3450 0002 3532 3924, postage prepaid, restricted delivery, return receipt requested, to 314 Junco Circle, Longs, South Carolina, 29568, the Defendant's last known address and that the Defendant received the Complaint in Divorce on January 14, 2008 as evidenced by the post mark of January 14, 2008 on the return receipt card signed by him marked as Exhibit "A". WINGER & WEIDNI?R P-aUWA. Cribberl'I, Paralegal 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for Plaintiff Sworn to and subscribed before me this 18th, day of January, 2008. A, .m /, Notary Public My Commission Expires: ?? lai (SEAL) ALTH OF PENNSYLVANIA Notarial Seal H rva oOf Owings Baughman, Notary Public CV f Dauphin County My Mission Expires July 12, 2008 Member, Pennsylvanla Association of Notaries ` .. f .. ,I A Cornolete ns 1, 2, and 3. Also Omplete item 4 rf Rerstrlcted Delivery Is. d6ired. ¦ Print your Mama and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: A. 7 / ; ? X v ? by ( ) Date of Deiv" D. Is delivery address different from item 1? ? Yes if YES, enter delivery address below. YI No Roger W. Reid 314 Junco Circle Longs, SC 29568 3. v?Sr?yervice Type UC;ertifled Mail O E.W. Mail ? Registered ? Retum Pm*pt for Merchartie ? Insured Map ? C.O.D. 4. Raalricted D~ aDdra Foo wee 2. Article Number (rrmsfarfrom se?vrce 7006 3450 0002 3532 3924 - PS Form 3811, February 2004 Domestic Ream Roost teases aarr_tMo EXHIBIT "A" ?_;') s a ??_ I ._? .1 ? ?.,, :..i ?_ ., A _.? " .. BONNIE L. DIXON REID, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 120 2008 ROGER W. REID, CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce in the above reference matter as the Defendant. DATE: 6 t ? c-? c?~* ,-? ;-; _ .P?J t '""t 1;".?? a . 'T"z ?fl _., ?? _ .• ?rq ?: .mS.. _.. ?% ! . ?: i.J (i ? `? 30NNIE L. DIXON REID, Plaintiff V. ROGER W. REID, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 120 2008 CIVIL ACTION - LAW : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF 4 3301(d) DIVORCE DECREE TO: Roger W. Reid, Defendant You have been sued in an action for divorce. You have failed to answer the 3omplaint or file a counter-affidavit to the §3301(d) affidavit. Therefore, on or after February 19, 2008, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 YOU CANNOT AFFORD TO HIRE A LAWYER, THIS r ? J OFFICE MAY BE ABLE TO HELP YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Respectfully submitted, WIX, WENGER & WEIDNER G. By. David R. Getz, I.D. #34t-38 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 DATE: lI Zs log ?., J 4. J li =?7 , ? 7- __ ?`1 r_ v _, .'1 i .l1 BONNIE L. DIXON REID, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 120 2008 ROGER W. REID, CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. The parties to this action separated in or about November, 2002, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. I verify that the statements made in this Complaint are true and correct. I understand that false statements made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. onnie L. Dixon Reid, Plaintiff DATE: 1 /NnB f +? ?t `"`? Cs- ? "qZ ? ? ` 4. f "",^'/ -.,, ?. ?'? .. ' - ?.r? t ,.>,,, .. _ i. . o$- Sao .PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS PROPERTY SETTLEMENT AND SEPARATION AGREEMENT ("Agreement") is made this 2,0 day of /?Iz, -7, ? 1 2"r," 2006, between Bonnie L. Dixon Reid (hereinafter called "Wife"), of Susquehanna Township, Dauphin County, Pennsylvania, and Roger W. Reid (hereinafter called "Husband"), of Longs, South Carolina. RECITALS: R-1. The parties hereto are wife and husband, having been married on August 17, 1996, in Harrisburg, Dauphin County, Pennsylvania. R-2. Differences, disputes and difficulties have arisen between the parties in consequence of which they have been living separate and apart from each other since on or before November, 2002 (the "Separation Date"), and may do so for the rest of their natural lives; and the parties hereto are desirous of settling fully and finally their respective personal, financial and property rights and obligations as between each other, and of settling spousal support, alimony, alimony pendente lite rights, including without limitation: (a) The settling of all matters between them relating to the ownership of real and personal property; (b) The settling of all matters between them relating to the past, present and future support, and maintenance of Wife by Husband; and (c) In general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the above recitals and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby ?r . . i. . acknowledged by each of the parties hereto, Wife and Husband, each INTENDING TO BE LEGALLY BOUND hereby, covenant and agree as follows: 1. Recitals. The above recitals are incorporated by reference as if set forth fully herein. 2. Separation. It shall be lawful for Husband and Wife to live separate and apart from each other and to reside from time to time at such place or places, as each shall respectively deem fit. 3. Agreement Not Predicated on Divorce. It is specifically understood and agreed by and between the parties hereto that this Agreement is not predicated on either party filing for divorce. Any complaint in divorce that may be filed in the future shall be filed in the Court of Common Pleas of Dauphin County, Pennsylvania and shall be limited to a claim for divorce only. In that event, this Agreement shall be submitted as the parties' agreement regarding the division of marital assets. Additionally, this Agreement shall not be affected by and shall survive the parties' subsequent reconciliation unless and until the parties execute a document terminating this Agreement. 4. Legal Effect. The provisions of this Agreement are intended to effect a legally binding property settlement between the parties. Wife has been represented by David R. Getz, Esquire. Husband has been advised by Wife's counsel to obtain separate legal counsel. Each party acknowledges that she or. he each has read this Agreement, has been afforded sufficient time to seek counsel and to discuss this Agreement and all financial information related to this Agreement with counsel, fully understands the facts, has been fully informed as to her or his legal rights and obligations by counsel, or has waived the right to do so 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 2 Agreement and the execution thereof is not the result of any duress, undue influence or collusion. [Husband's initials] 5. Interference. Each party shall be free from all control, restraint, interference, or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on, and engage in any business, occupation, profession, or employment, which to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes, which led to, or resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor in any way interfere with the peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 6. Disclosure. Each party asserts that he or she has made a full and complete 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 manner whatsoever by each of them, of all sources and amounts of income and retirement savings received or receivable by each party, and 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. The parties have waived their rights to an independent valuation of the personal, real and other properties, other than bank accounts and investment accounts, and are satisfied with the values agreed to herein. 3 0. 7. Names. It is understood that the terms "Husband" and "Wife" are used throughout this Agreement solely as the method of identifying the parties, and such words shall not be construed to have any special meaning or purpose for their use and are not dependent on their marital status with each other. 8. Personal Property. (a) Furniture. The parties agree that they have already divided all of their furniture. All of the furniture in Wife's possession belongs to Wife. All of the furniture in Husband's possession belongs to Husband. Husband hereby transfers to Wife all of his right, title and interest in and to all of the furniture in Wife's possession, and Wife hereby transfers to Husband all of her right, title and interest in and to all of the furniture in Husband's possession. (b) Vehicles. The parties agree that from the date of this Agreement forward, they will each maintain and insure the respective vehicles in each of their possession at their own expense. (c) Other Personal Property. The parties agree that they have already divided all of their other personal property. All of the personal property in Wife's possession belongs to Wife. All of the personal property in Husband's possession belongs to Husband. Husband hereby transfers to Wife all of his right, title and interest in and to all of the property in Wife's possession, and Wife hereby transfers to Husband all of her right, title and interest in and to all of the property in Husband's possession. 9. Real Propert y. (a) Husband and Wife are the joint owners of real property located at 214 Parkway Drive, Harrisburg, Susquehanna Township, Dauphin County, Pennsylvania 17110 (the "Marital Residence"). The parties acquired the Marital Residence after the Separation Date, and Husband has never resided in the Marital Residence. The mortgage on the Marital Residence is presently in the name of 4 Husband (the "Mortgage"). The parties agree that Wife has the sole right to live in the Marital Residence. The parties agree that Wife will refinance the Marital Residence. Husband agrees to execute and have notarized a deed (the "Deed") at the time of the execution of this Agreement transferring his interest in the Marital Residence to Wife. Wife's attorney will hold the Deed in escrow until Wife has refinanced the Marital Residence. At the time that Wife refinances the Marital Residence, Wife's attorney shall record the Deed. The Mortgage shall be satisfied as part of the refinancing. Wife may refinance the Marital Residence without further consent of Husband. Husband waives all right, title and interest in and to the proceeds from the eventual sale of the Marital Residence or to any increase, interest or income therein. Additionally, commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, the Mortgage, taxes, insurance premiums, utilities, maintenance and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorney fees, related to the Marital Residence until the refinance of the Marital Residence. 10. Distribution of Other Assets. (a) Retirement Savings. The parties agree that Husband has individual retirement accounts, annuities and/or pension plans, including a Pennsylvania State Pension and a Pennsylvania State Pension rollover ("Husband's Retirement Savings"). Husband shall keep Husband's Retirement Savings. Wife waives any interest in Husband's Retirement Savings or any increase, interest or income therein, except as she may receive upon the death of Husband. The parties agree that Wife has no pre-separation individual retirement accounts, annuities and/or pension plans ("Wife's Retirement Savings"). 5 / v ;i (b) Bank Accounts. Husband and Wife have already divided their jointly held bank accounts. Further, the parties have each opened separate bank accounts. Husband and Wife both waive any interest in one another's bank accounts or to any increase, interest, or income therein. (c) After-Acquired Property. Husband and Wife acknowledge that they have been living separate and apart since the Separation Date. Each party expressly waives and relinquishes any right or interest he or she may have in any property, real, personal, or mixed, purchased or otherwise acquired by the other party after the Separation Date, except as either party may receive by inheritance. (d) Life Insurance. Husband and Wife each have life insurance policies. Each party may name beneficiaries and otherwise dispose of their life insurance policies a-, each sees fit. (e) Loan to Jack L. Dixon. The parties have previously loaned Twenty- Four Thousand Dollars ($24,000.00) to Jack L. Dixon, Wife's father, who is now deceased. Husband hereby forgives any interest he has in said loan. (f) Monies previously paid to Wife. Husband forgives repayment of any and all monies previously paid to Wife. (g) Lump Sum Payment to Husband. Wife shall deliver to her attorn-- a check in the amount of Ten Thousand Dollars ($10,000.00). Upon Husband's execution and notarizing of the Deed to the Marital Residence and this Agreement, w Husband's delivery of fully executed notarized originals of this Agreement and the Deed to Wife's attorney, Wife's attorney shall deliver said funds to Husband by overnight mail. Husband agrees that said payment shall be in full and final settlement of any and all of Wife's financio I obligations to Husband. 11. Taxes. Husband and Wife will file separate tax returns for 2006 and future years. Husband and Wife will each pay their own personal (non-real estate) 6 el- - - -, - /? taxes. The parties shall divide equally any taxes, filing fees and related expenses incurred to transfer the real and personal property as set forth in this Agreement. 12. Alimony. The parties have disclosed their respective annual incomes to one another. In consideration of the other provisions of this Agreement, Wife agrees to waive alimony in the event the parties divorce. 13. Medical Insurance. Husband shall provide medical insurance coverage for Wife using his Pennsylvania Benefit Trust Fund medical and prescription plans until Wife reaches such age or status as to be ineligible for coverage under Husband's medical insurance plans. The medical insurance coverage shall provide the same coverage and terms as the medical insurance currently in place. Should Husband file for divorce in the future, Husband agrees to pay Wife's health insurance premium until Wife is eligible for Medicare. Should Wife file for divorce in the future, Husband shall not be required to provide medial insurance for Wife after the date of the divorce. Wife shall be responsible to pay all of Wife's unreimbursed medical expem,, :: 14. Other Responsibility for the Other Spouse. Except as specifically set forth herein, Husband and Wife shall not be financially responsible for the physical, health, financial or other needs of one another. 15. Liability for Marital Debts. During the course of the marriage, ar ? before the date of this Agreement, Husband and Wife have incurred various debt; and obligations. Wife shall be solely responsible for the mortgage on the Marital Residence and the c-.irrent balances on all credit cards except for a Sony credit card. Husband shall be sc'?ly responsible for the current balance due on the Sony credit card in the approximate amount of Fifteen Thousand Dollars ($15,000.00). 16. Wife's Debts. Wife represents and warrants to Husband that in the future Wife will not c,)ntract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all 7 VO?'??? claims or demands made against him or his estate by reason of debts or obligations incurred by Wife after the date of this Agreement, including costs and counsel fees appertaining thereto. 17. Husband's Debts. Husband represents and warrants to Wife that in the future Husband will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her or her estate by reason of debts or obligations incurred by Husband after the date of this Agreement, including costs and counsel fees appertaining thereto. 18. Legal Fees. Husband hereby agrees to be responsible for Husband's legal fees, costs and related expenses related to this Agreement. Wife hereby agrees to be responsible for Wife's legal fees, costs and related expenses related to this Agreement. The parties shall divide equally any legal fees, cost and related expenses incurred to effectuate the terms of this Agreement. 19. survival Upon Divorce. This Agreement shall not be considered to affect or bar the right 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. It is agreed that this Agreement shall not be impaired by any divorce decree, which may be grantee!, but shall continue in full force and effect, notwithstanding the granting of any such decree. This Agreement shall be incorporated by reference but. shall not be merged into any final decree in divorce. 20. Mutual Relea7e. Wife and Husband each do hereby mutually remise, release, quit-^laim and forever discharge the other and the estate of the other, for all time to come, 2nd for all purposes whatsoever, of and from any and all rights, titles and interests or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever 8 e-ll? nature and wheresoever situate, which she or he 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, engagement or liabilities of such other, or by way of dower or curtesy, or claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance, or under 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 any other country; or (c) any rights which Husband or Wifo may have or at any time hereafter have for past, present or future spousal support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, except es provided herein, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the bre,r:i of any provisions hereof. It is the intention of Wife and Husband to give to each other by the execution of the Agreement a full, complete and general release with respect to any and all property of any bind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement OF the breach of any thereof. It is expressly understood, however, that neither the provision of this release nor any subsequent entry of a divorce decree are intended (i) to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), or (ii) to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the 9 . Y 4 other, whether such will was executed prior to or subsequent to this Agreement, or (iii) to defeat the right of either party to receive any benefits under the Social Security Act or other similar federal or state laws, or (iv) to defeat the right of Wife to receive benefits related to Husband's employment with the Commonwealth of Pennsylvania or otherwise related to Husband's Retirement Savings. 21. Further Documents. Husband and Wife agree to execute any and all written instruments, assignments, releases, deeds and other documents and writings, which from time to time may become necessary to effectuate the intent of this Agreement. 22. Entire Agreement. Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other terms, conditions, clauses or provisions of this Agreement. This agreement supersedes any and all prior written or oral agreements between the parties. This Agreement may be amended by the parties only by a written instrument signed by both parties hereto. 23. 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. 10 . . A- . 24. 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. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 25. 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. 26. Governinq Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 27. 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. [Signature page follows] 11 ?J7 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WIFE: 4LU'('1e&A ® t' Bonnie L. Dixon Reid WITNESS: COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS.. On this, the day of2006, before me, a Notary Public, the undersigned officer, personally appeared Bonnie L. Dixon Reid, 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. n Notary Public My Commission Expires: COMMONWEAUT1 OF PENNSYLVANIA (SEAL) Notarial Seal Hama Owings Baughman, Notary Public City of Harrisburg. Dauphin County I STATE OF cz'?,?TH (4got_'r Nib My Commission Expires July SS.: Member, Pennsylvania As:,cci.atioo of tti;.= ri ;z COUNTY OF Hc, Q? : On this, the L?t day of CL 2006, before me, a Notary Public, the undersigned officer, personally appeared Roger W. Reid, 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. `-loofa ublic 5 C My Commission Expires: I ,;1j /,;t (SEAL) F:\drg\1870 - Dixon, Bonnie L\13784 - Domestic Relations\DocumentsMixon Property Settlement and Separation Agreement.doc 12 HUSBAND: J BONNIE L. DIXON REID, Plaintiff V. ROGER W. REID, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 120 2008 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 § (3301(G) (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: By certified mail, return receipt requested, on January 10, 2008. Affidavit of Service filed on January 23, 2008. 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 n/a ; by Defendant n/a (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: January 25, 2008. (2) Date of filing and service of the Plaintiffs affidavit upon the respondent: January 25, 2008, via regular, first class mail. 4. Related claims pending: n/a 5. Complete either (a) or (b). a) Date and manner of service of the Notice of Intention to Request Entry of Divorce Decree, a copy of which is attached: January 25, 2008, via regular, first class mail. (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: n/a Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: n/a 6. The attached Marital Settlement Agreement dated October 30, 2006, shall be incorporated by reference, but not merged, into the Divorce Decree. Wix, Wenger & Weidner Date: ?) ab [©& avid R. Getz, Esquire Attorney for ( X) Plaintiff ( ) Defendant <µ, i -., r. } :Ll j _ Ll C i BONNIE L. DIXON REID, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ROGER W. REID, Defendant NO. 08-120 CIVIL TERM ORDER OF COURT AND NOW, this 19'' day of March, 2008, upon consideration of Plaintiff's praecipe to transmit record, and it appearing that Plaintiffs notice of intent and affidavit under Section 3301(d) of the Divorce Code were served simultaneously, in contravention of the holding in Burdick v. Burdick, 41 Cumberland L.J. 64 (1991) (Bayley, J.), a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiency and file a new praecipe to transmit. P91'vid R. Getz, Esq. 508 North Second Stre Harrisburg, PA 17101 Attorney for Plaintiff rc BY THE COURT, r Je J.!"Wesley Ole?JJr., `? J. V 7k r 1 :?d 61Z BONNIE L. DIXON REID, Plaintiff V. ROGER W. REID, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 120 2008 CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF & 3301(d) DIVORCE DECREE TO: Roger W. Reid, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the §3301(d) affidavit. Therefore, on or after April 13, 2008, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO HELP YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Respectfully submitted, WIX, WENGER & WEIDNER By: . David R. Getz, I.D. #34838 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 DATE: March 24, 2008 BONNIE L. DIXON REID, V. ROGER W. REID, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Defendant NO. 120 2008 CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (1) (ii), or both): (i) The parties to this action have not been separate and apart for a period of at least two years; (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses, or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set for the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this Counter-Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE: Roger W. Reid, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. ?`' ?;? C', ? °~rZ -? --"?- ??? ::.v ? ..? -= tS'1 .: $ r' .. _f ? ? X3 = ?-?.. ?t,; ? IN THE COURT OF COMMON PLEAS + + OF CUMBERLAND COUNTY + + + + STATE OF PENNA. + + + Bonnie L. Dixon Reid + + N 120 2008 + + VERSUS + + Roger W. Reid + + + + DECREE IN + + + DIVORCE + + + + + + + AND NOW, A )1? ( 3 2008 , IT IS ORDERED AND + DECREED THAT Bonnie L. Dixon Reid PLAINTIFF, + + Roger W. Reid + + AND DEFENDANT, + ' ARE DIVORCED FROM THE BONDS OF MATRIMONY. + THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE + + BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT + YET BEEN ENTERED; + + The attached Marital Settlement Agreement dated October 30, 2006 shall be + incorporated by reference, but not merged, into the Divorce Decree. + BY THE COURT: + + ATTES J. + + + PROTHONOTARY + +