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HomeMy WebLinkAbout04-0794 F:\FILES\DA T AFll..E\Gellera[\Current\ I 0456-] ,divcom] CreMed: 2/16/04 lO:37AM Revised: 2116104 [0:43AM 10456,] GEORGEANN 1. REILLY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04- ,t:f'f CIVIL ACTION - LAW RAYMOND S. REILLY, 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 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . GEORGEANN 1. REILLY, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- ? <1<j CIVIL ACTION - LAW RAYMOND S. REILLY, Defendant IN DIVORCE COMPLAINT 1. Plaintiffis Georgeann 1. Reilly, who currently resides at 15 Goodyear Road, Carlisle, Pennsylvania 17013. 2. Defendant is Raymond S. Reilly, who currently resides at 17136 Heart of Palms Drive, Tampa, Florida 33647. 3. Plaintiff has been a bonafide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 11, 2000, in Geneva, New York 14456. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. MARTS ON DEARDORFF WILLIAMS & OTTO By St~LJ~{~ Attorney ID No. 90917 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneysfor Plaintiff Date: February 23, 2004 ~ VERIFICATION I verifY that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. !i 4904, relating to unsworn falsification to authorities. x!J/~~ / ~4 Georgeann 1. Reilly f' ~(\ --- ~ ~ ..J 0<\ "" ~ --.)' ..... 1? ~ ~ ~ o UI~ C) 1-: . . \..> -n '" f8 i'-,) --- ....c. F:\FILESIDATAFILEIGenerat\CurrentIJ0456_J_divaff Iljad Created: 3/8/04 11:35AM Revised: 3/8/04 2:12PM 10456.1 GEORGEANN 1. REILLY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04 - 794 CIVIL ACTION - LAW RAYMOND S. REILLY, Defendant IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT IN DIVORCE COMMONWEALTH OF PENNSYL VANIA ) : SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy ofthe Complaint in Divorce was mailed to Defendant Raymond S. Reilly at 17136 Heart of Palms Drive, Tampa, Florida 33647, on February 24,2004, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Raymond S. Reilly" and dated February 28, 2004. MARTS ON DEARDORFF WILLIAMS & OTTO BYs6(!m~ Attorney ill No. 90917 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Sworn to and subscribed before me this March \? , 2004. C~)~(?C/J Notary Public NOTARIAL SEAL CORRINE L. MYERS. NOTARY PUBLIC CARLISLE BORO, COUNTY OF CUMBERLAND MY COMMISSION EXPIRES MAY 27, 2007 U.S. Postal Service"" CERTIFIED MAIL" RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) .Jl :r lI'" <0 <0 Cl r'- <0 Postage $1.75 B.50 $ $8.15 'I TIGUE Cl Cl Cl I:J Return Reclepl Fee (Endorsement Required) D Restricted Delivery Fee ..D (Endorsement Required) n.J n.J CertifIed Fee I ,I Total Postage & Fees rn ~ MITo Mr. Raymond S. Reilly' r'- .m.n.APnm....mm..n...m.nmn.n.n.m.n.nmn.m.nn.m.n.mm ~~.,.;.::.; 17136 Heart of Palms Drive citY.'Si,;i.:z'P;4nT~a;"FLmn3364'7nmmmmmmmm_m- PS Form 3800, June 2002 See Reverse for InstructlollS CERTIFICATE OF SERVICE I, Steven J. Shanahan, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Affidavit was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Raymond S. Reilly 17136 Heart of Palms Drive Tampa, FL 33647 MARTSON DEARDORFF WILLIAMS & OTTO BY~LLb. f/ ([hK- J q ne A. Decker en st High Street Carlisle, P A 17013 (717) 243-3341 Dated: March ~, 2004 (") c ~ """".1(.0 ri1 en Z;f'J 7:1; ~~:- f:: t) '>"--, Z~:J p;.C ~ ~..., c-...:.~ ~:~ - _;:b ",,\-..,. :.-.;) ^- \ OJ o -n :?-r fl'F: -aC:':: ~:oc... ("")0 ~t~ ~ ~..,".\ ::J": <f! ~- GEORGEANN 1. REILLY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-794 CNIL ACTION - LAW RA YMOND S. REILLY, Defendant IN DNORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under g 3301(c) of the Divorce Code was filed on Feburary 24,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service ofthe Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) AND & 3301 (d) OF THE DIVORCE CODE I. 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, lawyers fees or expenses if! 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 verity that the statements made in this affidavit and waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. g4904 relating to unsworn falsification to authorities. Date: 44~y ~J7/?'-?(/cY ~ Georgeann 1. Reilly, Plaintiff ( -) r-' Sr\ c:; 5:- :? ..,-., <--.~ 01r c:: -'4 fD ~ :(~;~ N .-.-1-" -0 ->(1~ ::!,": ~nl :~~1 '-:-: ~~ o ......l R~C~/I//:.'[ JIJN 05 2004 'l1Dllvr F. \F1LESIDA T AHLEIGenerulICurn:ntll0456_1 consellts Created, 6/1/04 114bAM Revised: b/1104 ]1.47AM GEORGEANN 1. REILLY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-794- CIVIL ACTION - LAW RAYMOND S. REILLY, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under !j 3301(c) of the Divorce Code was filed on February 24,2004. I acknowledge receiving a true and correct copy of the Divorce Complaint, said copy being served upon me by Certified Mail, Restricted Delivery, on February 28,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I. I consent to the entry of a final decree of divorce without notice. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) AND & 3301(d) OF THE DIVORCE CODE 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if! 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. Date: I verify that the statements made in this affidavit and waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. !j4904 relating to unSWorn falsification to authorities. ~~ S( Raymond S. Reilly, Defe ant r% '(" /0'1 , , 0 ,..., 0 = c:: = -n -""" <....- .-4 :J:-n '-.'. rllF ...,' ..,....~ .urn N ~i-'C; N ~~(- .- (, ::I< C:~~B ~:: <? 15rn . .--.1 :-.J (::-:J ':r~ -.. Cfl RECEIVEIJ JUN 1 7 200~ MDwr F. 1Ft LES\DATAFII J~\GeneralIDocumenLl\ 1 0456-2. propagmt Created: 10/24/03 'U2AM Revised II/20m3 Ol9PM SEPARATION AND PROPERTY SETTLEMENT AGREEMENT \"1"> -,. THIS AGREEMENT, made this '-\ ' day of \.~-(".~'~\.'>., 2003, by and between GEORGEANN L. REILLY, of 15 Goodyear Road, Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "WIFE," AND RAYMOND S. REILLY, ofl5 Goodyear Road, Carlisle, Cumberland County, Pennsylvania, party ofthe second part, hereinafter referred to as "HUSBAND". WITNESSETH: WHEREAS, HUSBAND and WIFE were married on November 11,2000, in Geneva, New York; and WHEREAS, HUSBAND and WIFE are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; and WHEREAS, certain differences have arisen between the parties hereto which have made them desirous ofliving separate and apart from one another; and WHEREAS, HUSBAND and WIFE desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution oftheirmarital property, waive their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with their respective attorneys, if they so desired, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION AND NON-MOLESTATION AGREEMENT 1.1 It shall be lawful for HUSBAND and WIFE at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any authority, control, restraint, or interference, direct or indirect, by each other. Each party agrees that he or she will not compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. Each may have for her or his separate use and benefit the right to conduct, carry on or engage in any business, profession or occupation. Neither of the parties shall, in any way whatsoever, interfere with the other's employment or occupation, directly or indirectly. HUSBAND and WIFE shall not molest, harass, disturb, or malign each other or the respective families, employees, or employers of each other. The parties are free to mutually and voluntarily make any efforts to reconciliation as he, she or they shall deem proper. The foregoing provisions, however, shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart, and shall not be taken to be an admission on the part of either HUSBAND or WIFE as to whether either party committed desertion and continues desertion, and nothing contained in this Agreement is to be deemed to justify any such continued desertion. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is speci:6.cally understood and agreed by and between the parties hereto and each ofthe said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing containedl in this Agreement shall prevent or -2- preclude either of the parties hereto from commencing, instituting or prosecuting any action or action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by HUSBAND and WIFE, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing HUSBAND and WIFE to execute the Agreement. HUSBAND and WIFE each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. HUSBAND and WIFE do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provisions ofthis Agreement relating to the equitable distribution of property ofthe parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each ofthe parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce; and that nothing in any suc:h decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term ofthis Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 It is specifically agreed that a copy ofthis Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent ofthe parties to permit this Agreement to survive any such agreements. -3- ARTICLE III EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 401 ofthe Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage, the prior marriages of the parties, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party, the opportunity of each party for future acquisition of capital assets and income, the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits, the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value ofthe property set apart to each party; the standard ofliving of the parties established during their marriage; and the economic circumstances of each party, including federal, state and local tax ramifications, at the time the division ofthe property is to become effective; and whether the party will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intend(:d by the parties to 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 marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitabk distribution of the parties. 3.3 Real PrODertv. The parties confirm that, by deed dated September 18, 2003, and recorded in Cumberland County Deed Book 259, Page 1954, fee simple title to the residence at 15 Goodyear Road, West Pennsboro Township, Cumberland County, Pennsylvania, is vested solely in WIFE. They further acknowledge that Wife owned said real property prior to the marriage. HUSBAND hereby agrees that WIFE shall retain sole and separate ownership of this real property and HUSBAND hereby grants and conveys any and all of his right, title and interest in and to said real estate to WIFE in consideration of the mutual covenants and undertakings set forth in this -4- Agreement. In return therefor, WIFE shall assume sole liability for payment of the first mortgage secured by the real estate. A portion of the home equity loan secured by the real estate represents indebtedness incurred by HUSBAND for the purchase of his motor vehicle. Husband shall promptly satisfy and discharge that portion of the home equity loan, and thereafter, WIFE shall assume sole liability for payment of the balance of this mortgage secured by the real estate. 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership of any insurance policies owned by the other party. Each party shall have the right to borrow, cash in policies, change beneficiaries, and exercise any other incidents of ownership of their respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to transfer ownership in such policies to the respective party who presently owns such policies. 3.5 Pension and Retirement Fund. Each party agrees that the other party shall retain sole ownership, possession and interest of any and all retirement, pension, profit-sharing, IRAs, or similar funds or accounts standing solely in his or her name. WithoUlllimiting the foregoing, WIFE shall retain sole and separate ownership of her 401K plan with Cigna, her 401K plan with CitiStreet and her 403B plan with Lincoln; HUSBAND shall retain sole and separate ownership of his 401K plan with Sodexho (CitiStreet) and his Roth IRA. Each party shall have the right to borrow, cash in policies, change beneficiaries, and otherwise exercise any other incidents of ownership of his or her respective accounts, funds or policies, free of any right or claim by the other party. Each party agrees to sign any documents necessary to transfer ownership or ownership interest in such funds, accounts or policies to the respective party who presently owns such. 3.6 Personal Property. The parties hereto have mutually agreed upon a division of their tangible personal property to their mutual satisfaction. HUSBAND shall be entitled to remove from the residence those items which the parties have agreed belong to him. After removal, such property shall remain the sole and separate property of HUSBAND . All other property situate in the residence shall remain the sole and separate property of WIFE. Each party hereby waives any claim to -5- ownership of the property so designated. In addition thereto, any and all other tangible personal property shall be the sole and separate property ofthe party currently having possession thereof. 3.7 SubseQuently ACQuired Property. HUSBAND and WIFE agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. HUSBA'ID and WIFE specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.8 Motor Vehicles. WIFE currently has possession of a 2002 Lexus RX-300 automobile. HUSBAND hereby assigns all of his right, title and interest to said automobile to WIFE. In return therefor, WIFE has agreed to be solely responsible for any indebtedness incurred by said vehicle and shall indemnity and hold HUSBAND harmless from the same. HUSBAND currently has possession of a 2003 BMW 325 automobile. WIFE hereby assigns all of her right, title and interest to said automobile to HUSBAND. In return therefor, HUSBAND has agreed to be solely responsible for any indebtedness incurred by said vehicle and shall indemnif'y and hold WIFE harmless from the same. 3.9 Intanl!ible Personal ProDertv. Each party shall retain sole and separate ownership of all intangible assets currently titled under his or her separate nanle, to include, but not be limited to, bank accounts, certificates of deposit, stocks, bonds, accounts receivable, negotiable instruments, brokerage "street" accounts, mutual funds, and any and all other intangible assets whatsoever. Without limiting the foregoing, WIFE shall retain sole and separate ownership of the M&T checking account (#11-68517), the M&T savings account (#937380), the: PNC checking account (#4427), the PNC savings account (#5097) and the Prudential shares; HUSBAND shall retain sole and separate /'.,..-..... ownership of the ~NC checking.accoun.t (#~005), the Marriott Credit Union account, the Verizon .IfIH shares and all savmgs bonds regIstered m hIS name. (' !U c ) ,;1,--/" /Ie"..,.u"y 0:> 121,/,#;J V7 i . (, ,W 1/. . '.. pM~ C_Ax<;f/( L.,_!'U'~V~'_)6"')' (,CCDi.-(i!.'. (y -6- ARTICLE IV RELEASE OF SUPPORT AND ALIMONY FOR HUSBAND AND WIlffi 4.1 The parties herein acknowledge that by this Agreement they have been respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance and support in the station of life in which they are accustomed. HUSBAND and WIFE do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance. 4.2 HUSBAND and WIFE specifically waive, release and give up any rights for alimony pursuant to Chapter 5 of the Divorce Code. ARTICLE V DEBTS OF THE PARTIES 5.1 WIFE shall be solely responsible for the following indebtedness and indemnify and hold HUSBAND harmless from the same: VISA account (Marriott; # 6494), VISA account (Circuit City; # 4153) and MasterCard account (#5582). HUSBAND shall be solely responsible for the following indebtedness and indemnify and hold WIFE harmless from the same: VISA account (Marriott; # 4858). Each party represents to the other that except as otherwise specifically set forth in this Agreement, there are no major outstanding obligations of the parties, that neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Advice of Counsel. The provisions ofthis Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE has employed and had the benefit of Edward 1. Schorpp, Esquire, as her attorney. HUSBAND has been encouraged to obtain the advice -7- of independent legal counsel in connection with this matter. Each party acknowledges that he or she has received or has been advised to receive independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any collusion or improper or illegal agreement or agreements. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of, and is familiar with and cognizant of, the wealth, real and/or personal property, estate and assets, earnings and income of the other as set forth in this Agreement, and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities, and any further enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. 8.2 Counsel Fees. Each party agrees to be responsible for his or her own legal fees and expenses, and each party hereby agrees to waive any claim for alimony, alimony pendente lite, counsel fees, expenses or costs. In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement and legal proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys fees, incurred as a result of such proceedings. 8.3 Mutual Releases and Waivers. A. Except as provided for in this Agreement, HUSBAND and WIFE each forever release, remise, discharge and quitclaim the other and the estate of the other, for all time to come and for all purposes whatsoever, from any action of any nature whatsoever in law or in equity, and forever release, remise, discharge and quitclaim -8- the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles, interests, or claims in or against the other, or in or to the real, personal and/or mixed property of the other (including income, appreciation, and gain from property hereafter accruing), and all rights, titles, interest and claims which he or she now has or ever may have in and/or to the other's estate, and each and every additional right, titl<:, interest and claim he or she has or ever may have against the other, his or her heirs, executors, administrators, and assigns, excepting only the obligations, rights and claims imposed or inuring to the benefit of either of the parties by reason ofthe terms of this Agreement. Each of the parties hereto further covenants and agrees for himself and herself, and his or her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights re:linquished under this Paragraph. B. It is further specifically understood and agreed by and between the parties hereto that WIFE and HUSBAND accept the provisions made and set forth in this Agreement by HUSBAND for WIFE and/or WIFE for HUSBAND, in lieu of and in full settlement and satisfaction of any and all of WIFE'S rights against HUSBAND or HUSBAND'S rights against WIFE for any past, present and future claims on account of support and maintenance or any other right 01' interest arising out ofthe marriage, that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by WIFE against HUSBAND, and HUSBAND against WIFE, and are, inter alia, in full settlement and satisfaction and in lieu of HUSBAND'S and WIFE'S past, present and future claims against each other on account of maintenance and support, alimony, and also alimony pendente lite, counsel fees, costs and expenses and any other charge of any nature whatsoever arising out of their marital relationship and/or pertaining to any divorce proceedings which have been or may be instituted by WIFE in any Court in the Commonwealth of Pennsylvania or any other jurisdiction and/or any divorce proceeding which may have been or may be instituted by HUSBAND in the -9- Court in the Commonwealth of Pennsylvania or any other jurisdiction or any other counsel fees, costs and expenses incurred or to be charged by any counselor arising in any manner whatsoever. C. WIFE and HUSBAND agree that neither party may apply to any Court for a modification ofthis Agreement, with respect to alimony, distribution of property, or otherwise, whether pursuant to the Divorce Code or any other present or future statute or authority. Except as provided in this Agreement, it shall be the sole responsibility of WIFE and HUSBAND to sustain themselves without seeking any support from the other party from the date ofthe execution of this Agreement. In the event that either of the parties shall nevertheless seek such a modification, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom including attorney's fees and costs. D. Release of Testamentarv Ril!hts. Except as provided for in this Agreement, each ofthe parties hereto shall have the right to dispose of his or her property by Last Will and Testament, or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as ifthe decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's Last Wills under the present or future laws of any jurisdiction whatsoever and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her Last Will and Testament; and each of the parties further covenants and agrees that he or she will permit any Will ofthe other to be probated and allow administration upon his or her personal, real or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had HUSBAND or WIFE died during the lifetime of the other; and that neither HUSBAND or WIFE will claim against or contest the Will and the estate ofthe other. Each ofthe parties hereby releases, relinquishes and waives any and all rights to act as executor or executrix or administrator or administratrix of the -10- other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators, or assigns, for the purpose of enforcing any of the rights relinquished under this Paragraph. 8.4 Warranties. 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 or hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those fornecessities, except for the obligations arising out ofthis Agreement. HUSBAND and WIFE each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement, and that neither of them hereaft(:r incur any liability whatsoever for which the estate ofthe other may be liable. 8.5 No Oral Modification. No waiver or modification of any of the terms of this Agreement 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. 8.6 Cooperation in Execntion of Documents. HUSBAND and WIFE covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 8.7 -11- Pennsvlvania Law Shall Govern. This Agreement shall be construed in accordance with the laws ofthe Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 8.8 Bindinl!: Effect. This Agreement shall be binding and shall inure to the benefit ofthe parties hereto and their respective heirs, executors, administrators, suecessors and assigns. 8.9 Entire Al!:reement. 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. 8.10 Severabilitv. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or othef1",ise, 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 his or her obligation under anyone or more of the Articles and Sections herein shall in no way void or alter the remaining obligations of the parties. 8.11 Equitable Distribution Under Divorce Code. It is specifically understood and agreed that this Agreement constitutes an 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 Divorce Code of the Commonwealth of Pennsylvania. 8.12 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement. 8.13 Enforceabilitv and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms ofthe Agreement -12- by either HUSBAND or WIFE until it shall have been fully satisfied and performed. The consideration for this contract and Agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy ofthe consideration for all agreements herein contained is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. 8.14 Affidavits of Consent. In connection with any divorce action instituted by either party, each agrees to execute and deliver all documents, including but not limited to Affidavits of Consent, as requested by counsel to permit the entry of a final decree in divorce. 8.15 Reconciliation. The parties shall only effect 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 effect of this Agreement or cause any new marital rights or obligations to accrue. IN WITNESS WHEREOF, the parties hereto have Sl~t their hands and seals the day and year first above written. MTNFlicenQ 4 . .~;;~'/%";1(" Georgea' n L Reilly --:7 ~. .,~ r' / ?""" ../ d ~~-- :5 ~:_-_.,.. -- Raymond S. Reilly <C_ ~) ~>::? LJ -13- ''-..:...., ir-;-::.\ " II , i_, rF)' \'JJ .'/ \\ \ J) I: ,r"II,I:~' 1')-,T,-,I:II_I':\(~c""I-,t1'(-lIIT"",'\ill,I,<", 1 ',,,,,,,:,,,, Crc':l!.ccl (\/1/\)" II ,jhA~'1 R,-,,,"s,,,I' ,,/Ii\l~ II -l7,\M GEORGEANN L. REILLY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-794 CIVIL ACTION - LAW RAYMOND S. REILLY, Defendant IN DIVORCE r-:l t;:;;:) {;:-::-" ....;- c- ->1 .-4 :L.,., \~"l~. t~}, 1. A Complaint in Divorce under 9 3301(c) of the Divorce Code. waifiled,'o~ FebnHl.ry 24,2004. I ackn0,:\rledge receiving a tnle and correct C'.0PY of the Divorce'Cbmptaint, s~0:~ copy being served upon me by Certified Mail, Restricted Delivery, on February 28,2004;, -.' AFFIDAVIT OF CONSENT ,--") 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &330Hc) AND & 330Hd) OF THE D][VORCE 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, lawyers fees or expenses if! 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 and waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. /?' / /7 ~sr~ RaYmond S. Reilly, Defe ant Date: rolD? /07 I I GEORGE ANN L. REILLY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-794 CIVIL ACTION - LAW RAYMOND S. REILLY, Defendant IN DIVORCE :-'') C::J CJ c-:-:" --"-'1 ...i_" AFFIDAVIT OF CONSENT " ,~ r-j-: \.:' \>'" , . r~'.) 1. A Complaint III Divorce under 9 3301(c) of the Divorce Code'was-filediQh :(-'; Feburary 24, 2004. f'- t,'l 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety d[ys have elapsed from the date of filing and service of the Complaint 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) AND & 3301 (d) OF THE DIVORCE CODE I. 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, lawyers fees or expenses if! 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 and waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. ',_ 1 , !l , , Date: ~/yb./ / ~// , -y:/,// /ce':?"9c~/z cC-.'V eX /.;t?<A';v/ Georgeann L. Reilly, Plaintiff ,f" CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe to Transmit was se'rved this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Raymond S. Reilly 17136 Heart of Palms Drive Tampa, FL 33647 MARTS ON DEARDORFF WILLIAMS & OTTO ~ "CJ~ nci D. Eckenroad Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: June 23, 2004 Q -'LJ -~, ,",> C;,;;. C'-::l "'- C,_ C ~'O__ o --n ::;J nl,:ll -nIn :'_J \T) ~j~? r .,:, )(5 ."r) . ) -.-\ -,~~ f'.) C'.) .."., c...) .c- O >.J -< F: \FILES\DA T AFILEIGeneral\Current\ 1 0456-pra.transmitJtde Created: 3110/04 10:29AM Revised 6/23/04 851AM 10456.1 GEORGEANN 1. REILLY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-794 CIVIL ACTION - LAW RAYMOND S. REILLY, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following infornJation, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: February 28,2004, via certified mail, restricted delivery, pursuant to Affidavit of Service, as filed. 3. Date of execution of the Plaintiffs affidavit of consent required by Section 3301 (c) ofthe Divorce Code; June 3, 2004; by the Defendant; June 8, 2004. 4. Related claims pending: none. See attached Separation and Property Settlement Agreement that is incorporated, but shall not be merged into the divorce decree. 5. Date Plaintiffs Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: June 22, 2004, a copy of which is attached. Date Defendant's Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: June 22, 2004, a copy of which is attached. MARTSON DEARDORFF WILLIAMS & OTTO By ( 01>0 Carl C. Risch, Esquire Attorney ID No. 75901 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Date: June 23, 2004 Q (" :;;... --(}u ,-,; r: t::~ 0"'-- .....' "'" "'" .J'" '- c::.: "no_" ~,.~- N W ,- , ;'..:~ '. '.' C_' --PC~. :2., :;:: -:J .,.0_' -:,.:... ~ .-J ?1~ -rJ~ ::O'-r' go ;?~~, , ~~-<I. '1? ~:2 J;" o , . . . . . , , , , , , , , . . . , . . . . . . . . . . . . , . , , , , , , , , , , , , , , , , , . . . . . . 0 0 , 0 , 0 0 0 0 0 0, 00 04 794 ~~~~~~ ~~~~+ +~+++++++~ . o o , o o o o o , o o o o o o o . o o o o o o o o o o o o o o , o o o o o o o o , o o o o o o o o o o o o o o o o o o o o o o o o , o o o o o , 0 '+' + ++ +++ '+' ++++~+ + IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF GEORGEANN L. REILLY No. VERSUS RAYMOND S. REILLY. DECREE IN DIVORCE AND NOW, 3'u n e. 2.~ DECREED THAT GEORGEANN L. REILLY AND RAYMOND S. REILLY' ARE DIVORCED FROM THE BONDS OF MATRIMONY. PENNA. , zoot, ]T ]S ORDERED AND , PLAI NT] FF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOL.LOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT o o o o o o o o o . o o o o o o o o o o o o o o o o o o o o o o +++++++++++++++++? The Marital Settlement Agreement, dated as of December 4, 2003, is incorporated herein by reference but is not merged into this Decree. By THE COURT: i L. o()i,~t ~wfii;,~. I ATTES o +:+:+++'+' '+' o .. PROTHONOTARY '" 'l' 'f + + Of +. Of Of. J. , ~:$!- /f/-o-p-"y ~u, "fe.? OF '1 7.>-:>:7' r ~ ~ ~ /'0P -?o'VF.'.o/ . . , ~' .., . " . . . ", ....." . Carl C. Risch, Esquire J.D. No. 75901 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff GEORGEAN L. REILLY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-794 CIVIL DIVISION CIVIL ACTION - LA W RAYMOND S. REILLY, Defendant IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter having been granted a Final Decree in Divorce from the bonds of matrimony on the 29th day of June, 2004, hereby elects to retake and hereafter use her previous name of GEORGEANN LAUGHMAN and gives this written notice avowing'her intention in accordance with the provisions of the Act of December 16, 1982, P.L. 1309, No. 295, Section 2,54 Pa. C.S.A. Section 704. /~{~ (Signature - married name) /~~~~~ (Signature - to be known as) COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) On thec2lst day of fY\4~C/~ , 2007, before a Notary Public, personally appeared Georgeann Laughman, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. ~V'l.G~ No Public COMMONWEAU H OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County My Commlaalon Expires Aug. 18,2007 Member, Pennsylvania Association of Notaries g ~ ~ c:::> g. --' '- ~w. ::J: ~:n ........... Z71~' ~ -otD ~ t 10 ~5c ~ ::g9 ~ t;;2 c;. '0 :r.."" ~o ~ .. -ti 0 "- ~ 0 fjFA YC - V , - :=:{ ......... ~ ., ~ ~ N ~ ~ ~ ~ G' ""