HomeMy WebLinkAbout04-1246IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CYNTHIA L. REIGLE,
Plaintiff,
V.
GERALD E. REIGLE,
Defendant.
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CIVIL DIVISION
No.
COMPLAINT IN DIVORCE UNDER
SECTIONS 3301(a) AND 330I(c)
Filed on behalf of Plaintiff
Counsel of Record for this
Party:
FRANK D. MAGONE, ESQUIRE
PA I.D. No. 26428
Yablonski, Costello & Leckie, P.C.
505 Washington Trust Building
Washington, PA 15301
(724) 225-9130
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CYNTHIA L. REIGLE,
Plaintiff,
V.
GERALD E. REIGLE,
Defendant.
CIVIL DIVISION
No.
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 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 Washington County Courthouse, Washington,
Pennsylvania,
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 WHERE YOU CAN GET LEGAL HELP.
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Pennsylvania Lawyer Referral Service
Pennsylvania Bar Association
P.O. Box 186
Harrisburg, Pennsylvania 17108
Telephone Number 800-692-7375
If you cannot afford a lawyer, contact:
Cumberland County Bar Association]
2 Liberty Avenue
Carlisle, PA 17013
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CYNTHIA L. REIGLE,
Plaintiff,
GERALD E. REIGLE,
Defendant.
) CIVIL DIVISION
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) No. C~-/-
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PRAECIPE FOR APPEARANCE
TO: PROTHONOTARY
Please enter our appearance for the Plaintiff in the above captioned matter.
Respectfully submitted,
YABLONSKI COSTELLO & LECKIE, P.C.
Attorney for the Plaintiff
505 Washington Trust Building
Washington, PA 15301
(724) 225-9130
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CYNTHIA L. REIGLE,
Plaintiff,
V.
GERALD E. REIGLE,
Defendant.
) CIVIL DIVISION
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)No. ~q-
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COMPLAINT IN DIVORCE
AND NOW, comes the Plaintiff, Cynthia L. Reigle, by her attorneys, Yablonski,
Costello & Leckie, P.C., and in support of said Complaint in Divorce avers as follows:
COUNT ONE - DIVORCE
1. The Plaintiff is Cynthia L. Reigle who currently resides at P.O. Box 528 New
Cumberland, PA 17070.
2. The Defendant is Gerald E. Reigle, who currently resides at 27 Stephen Road,
Camp Hill, PA 17011.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth
for at least six months immediately previous to the filing of this Complaint.
4. Plaintiffand Defendant were married on October 11, 1997 in Perry County,
Pennsylvania.
5. There were no children born of this marriage.
6. There have been no prior actions of divorce or for annulment between the
parties in this or any other jurisdiction.
7. The Plaintifl~ the innocent and injured spouse, avers that the Defendant in
violation of his marriage vows and the laws of the Commonwealth of Pennsylvania,
committed such indignities to the person of the Plaintiff so as to make her condition
intolerable and life burdensome.
8. The marriage is irretrievably broken.
9. The Plaintiffhas been advised of the availability of counseling and that she
may have the right to request that the Court require the parties to participate in
counseling. No request for counseling is needed.
WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter a
decree of divorce, divorcing the Plaintiff and Defendant.
COUNT TWO - EOUITABLE DISTRIBUTION
10. Paragraphs one through nine are incorporated herein by reference as though set
forth in full.
11. The parties have legally and beneficially acquired property, both real and
personal, during their marriage, to the time of separation, which constitutes marital
property.
12. The parties have been unable to agree as to an equitable division of said
property.
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WHEREFORE, the Plaimiff requests this Honorable Court to equitably divide the
marital property and to enter such injunctive relief as is necessary in order to prevent the
dissipation of marital assets.
Respectfully submitted
YABLONSKI COSTELLO & LECKIE, P.C.
Attorney for the PYaintiff
505 Washington Trust Building
Washington, PA 15301
(724) 225-9130
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~'KRIFIC~TION
l, Cynthia L. Reigle, have read the foregoing Complaint in 'Divorce. The
statements therein are eorrevr to the b~st Of my p~rsonal knowl,dge or information and
belief.
Thi.~ statemem and verification is made subject to the penalties of 18 Pa. C.S.
~4904 relating to onsworn fabricatim~ to authorities, Mtich provides that if I make
knowi,~gly false averments, I may be sUbj,ct to criminal penalties.
TOTIqL
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CYNTHIA L. REIGLE,
Plaintiff,
V.
GERALD E. REIGLE,
Defendant.
) CIVIL DIVISION
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) NO.: 04-1246 CIVIL TERM
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) CERTIFICATE OF SERVICE
) OF COMPLAINT IN
) DIVORCE
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Filed on behalf of:
CYNTHIA L. KEIGLE,
PLAINTIFF
Counsel of Record for this Party:
FRANK D. MAGONE, ESQUIRE
PA I.D. No. 26428
Yablonski, Cosl:ello & Leckie, P.C.
505 Washington Trust Building
Washington, PA 15301
(724) 225-9130
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CYNTHIA L. REIGLE, ) CIVIL DIVISION
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Plaimiff, ) NO.:
v. )
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GERALD E. REIGLE, )
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Defendant. )
04-1246 Civil Term
CERTIFICATE OF SERVICE OF
COMPLAINT IN DIVORCE
I, Frank D. Magone, Esquire, do hereby certify that a true and correct copy of the
Complaint in Divorce filed in the above-captioned matter was served upon the
Defendant, Gerald E. Reigle, by Certified Mail Return Receipt Requested, on April 8,
2004.
Article Number: 7002-2410-0001-0550-6593. The Return Receipt is attached
hereto.
BY:
Respectfully submitted,
Yablonski, Costello & Leckie, P.C.
Frank ~ .~g/one,~-qul~ee
Counsel for Plaintiff
505 Washington Trust Building
Washington, PA 15301
(724)225-9130
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CYNTHIA L. REIGLE
Plaintiff,
V.
GERALD E. REIGLE
Defendant.
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CIVIL DIVISION
MARRIAGE SETTLEMENT
AGREEMENT
Filed on behalf' of.'
Cynthia L. Reigle, Plaintiff
Counsel of Record for this
Party:
FRANK D. MAGONE, ESQUIRE
PA I.D. No. 26428
Yablonski, Costello & Leckie, P.C.
505 Washington~ Trust Building
Washington, PA 15301
(724) 225-9130
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CYNTHIA L. REIGLE
Plaintiff,
V.
GERALD E. REIGLE
Defendant.
) CIVIL DIVISION
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) No.
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MARRIAGE SETTLEMENT AGREEMENT
Harrisburg Pennsylvania, between Cynthia L. Reigle (hereinafter referred to as "Wife"),
and Gerald E. Reigle (hereinafter referred to as "Husband").
WHEREAS, Husband and Wife were legally married on October 11, 1997, in Perry
County Pennsylvania; and
WHEREAS, no children, were born of this marriage; and,
WHEREAS, differences have arisen between Husband and Wife in consequence of
which they have been living separate and apart from each other; and,
WHEREAS, Husband and Wife desire to settle and determine their respective rights
and obligations with regard to all their real and personal property; and
NOW, THEREFORE, the parties intending to be legally bound hereby do covenant
and agree as follows:
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(1) SEPARATION. It shall be lawful for each party at all times hereinafter to live
separate and apart from the other party at such place as he or she may from time
to time choose or deem fit. The foregoing provisions shall not be taken as an
admission on the part of either party of the lawfulness or unlawfulness of the
causes leading to their living apart.
(2) INTERFERENCE. Each party shall be free from interference, authority, and
contact by the other, as full as if he or she were single and unmarried except as
may be necessary to carry out the provisions oflhis Agreement.
(3) WIFE'S DEBTS. Wife represents and warrants to Husband that she will not
contract 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
claims or demands made against him by reason of debts or obligations incurred
by her.
(4) _HUSBAND'S DEBTS. Husband represents and warrants to Wife that he 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 by reason of debts or obligations incurred by him.
(5) MUTUAL RELEASE. Subject to the provisions of this Agreement, each party
has released and discharged, and by this Agreement does for himself and herself,
and his or her heirs, legal representative, executors, administrators and assigns,
release and discharge the other from all causes of action, claims, rights or
demands, whatsoever in law or equity, or any claims or rights under the
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Pennsylvania Divorce Code, Act No. 1980-2,6, effective July 1, 1980 and its
amendment, which either of the parties ever had or now has against the other,
except any or all cause or causes of action fi)r divorce and except any or all
causes or action for breach of any provision of this Agreement:
(6) DIVISION OF PERSONAL PROPERTY. Each party shall receive the personal
property in his or her possession. The Wife shall receive her 2001 Honda Civic
Sedan, and the Husband shall receive his 2000 Toyota Tacoma truck. The
Husband shall receive all contents located in the marital residence.
(7) DISPOSITION OF REAL ESTATE. The Wife agrees to transfer and assign all
of her right, title and interest in the real estate (marital residence) located in
Cumberland County Pennsylvania, to the Husband. The parties acknowledge
that the Husband has previously refinanced the mortgage, and the Wife has
already executed a Deed which conveys her interest in the marital residence to
the Husband. The Husband shall assume responsibility for payment of the
existing mortgage, and the Wife is not a party to and has no responsibility for the
existing mortgage.
(8) BANK ACCOUNTS. With respect to the Waypoint bank accounts, the parties
agree that both the savings and checking accounts shall be closed, and the
Husband shall receive any monies remaining in said accounts. With respect to
the PSECU savings account, the Husband agrees that his name shall be removed
from said account, and the Wife shall receive any monies remaining in said
account.
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(9) RETIREMENT BENEFITS AND/OR INVESTMENT ACCOUNTS. The Wife
shall receive any and all of her retirement bene, fits and/or investment accounts,
and the Husband shall receive any and all of his retirement benefits and/or
investment accounts.
(10) HEALTH INSURANCE. The Husband shall continue to be covered under the
wife's health insurance until such time that the Divorce Decree is issued. After
the date that the Divorce is issued, the Husband shall be financially responsible
to obtain his own health insurance.
(11) PARTIES' DOG. The parties have a dog, Nikki. The parties agree that the
Husband shall receive custody of the dog, and the Wife agrees that she shall not
try to obtain any custody or visitation rights in the future.
(12)~MARITAL DEBTS. The Wife shall assume responsibility for the payment of
her automobile loan, her student loans and her MBNA/CitiBank credit cards.
The Husband shall assume responsibility for his own debt. Each party shall
indemnify and hold harmless the other party for the marital debt.
(13)COUNSEL FEES, COSTS AND EXPENSES. Each party shall pay his or her
own counsel fees, costs and expenses incurred in ~this matter.
(14) WAIVER OF CLAIMS. Any and all other clairas to spousal support, alimony,
equitable distribution, counsel fees, costs and expenses are waived.
(15) SUBSEQUENT DIVORCE. It is agreed that the Wife shall complete the
divorce action pending in the Court of Common Pleas of Cumberland County,
Pennsylvania, at No. 0t~- I ~,~.{0, and that both parties agree that they shall
execute affidavits of consent to a divorce under Section 3301 (c) of the
Pennsylvania Divorce Code.
(16)_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
damages for such breach and the party breaching this contract shall be
responsible for payment of legal fees and costs incurred by the other in enfoming
their rights under this Agreement; or seek suclh remedies or relief as may be
available to him or her pursuant to the Divorce Code, and its amendments.
(17)ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at
the request of the other, execute, acknowledge, and deliver to the other party any
and all further instruments that may be reasonably required to give full force and
effect to the provisions of this Agreement.
(18) VOLUNTARY EXECUTION. The provisionts of this Agreement are fully
understood by both parties and each party acknowledges that this Agreement is
fair and equitable, that it is being entered into w)luntarily, and that it is not the
result of any duress and undue influence. The Wife has retained Yablonski,
Costello & Leckie, P.C., and the Husband has not retained legal counsel.
(19).ENTIRE AGREEMENT. This Agreement contains the entire understanding of
the parties, and there are no representations, warranties, covenants or
undertakings other than those expressly set forth herein.
(20)_ FULL AND FAIR DISCLOSURE. The partie,.s hereby agree that they have
fully and fairly disclosed all marital debt and maril:al assets.
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(21). 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 default of the same or similar
nature.
Witness
(22) JURISDICTION AND VENUF,. The parties hereto agree that the proper
jurisdiction and venue concerning any dispu]Ie of or relating to the within
Marriage Settlement Agreement shall be vested exclusively with the Court of
Common Pleas of Cumberland County, Pennsylvania. The terms of the
Marriage Settlement Agreement are incorporated into the Divorce Decree and
shall be enforced by the Court as though an Orde, r of Court.
1N ~rlTNESS WHEREOF, the parties have here:unto set their hands and seals
the day and year first written above.
Frank D'. Magone, Esctu~e Cy¥ithia ~ '
~aerald E. R,~igle
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CYNTHIA L. REIGLE,
Plaintiff,
V.
GERALD E. REIGLE,
Defendant.
) CIVIL DIVISION
)
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) NO.: 04-12.46 CIVIL TERM
)
) PLAINTIFF'S AFFIDAVIT
) OF CONSENT UNDER
) SECTION 3301(e) OF THE
) DIVORCE CODE
Filed on behalf off
CYNTHIA L. REIGLE,
PLAINTIFF
Counsel of Record for this Party:
FRANK D. MAGONE, ESQUIRE
PA I.D. No. 26428
Yablonski, Costello & Leckie, P.C.
505 Washington Trust Building
Washington, PA 15301
(724) 225-9130
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CYNTHIA L. REIGLE, ) CIVIL DIVISION
)
Plaintiff, ) NO.:
v. )
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GERALD E. REIGLE, )
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Defendant. )
04-1246 Civil Term
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301 (c) of the Divorce Code was filed on
March 24, 2004.
2. The marriage of Plaintiffand 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 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 herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating
to unsworn falsification to authorities.
CYNTHIA L. REIGLE, ~?LAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CYNTHIA L. REIGLE,
Plaintiff,
V.
GERALD E. REIGLE,
Defendant.
) CIVIL DIVISION
)
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) NO.: 04-1246 CIVIL TERM
)
) PLAINTIFF'S WAIVER OF
) NOTICE OF INTENTION TO
) REQUEST ENTRY OF
) A DIVORCE DECREE UNDER
) SECTION 3301(c) OF THE
) DIVORCE CODE
Filed on behalf of:
CYNTHIA L. KEIGLE,
PLAINTIFF
Counsel of Record for this Party:
FRANK D. MAGONE, ESQUIRE
PA I.D. No. 26428
Yablonski, Costello & Leckie, P.C.
505 Washington Trust Building
Washington, PA 15301
(724) 225-913{)
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CYNTHIA L. KEIGLE, )
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Plaintiff, ) NO.:
)
V.
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GERALD E. REIGLE, )
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Defendant. )
CIVIL DIVISION
04-1246 Civil Term
~E OF INTENTION TO RE UEST ENTRY OF A DIVORCE
DECREE UNDER 3301 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 di~vorce 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 m:e true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating
to unsworn falsification to authorities.
DATE
INTIFFcx/lqTHIA L. RE ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CYNTHIA L. REIGLE, ) CIVIL DIVISION
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Plaintiff, ) NO.:
v. )
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GERALD E. REIGLE, )
)
Defendant. )
04-1246 Civil Term
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301 (c) of the Divorce Code was filed on
March 24, 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.
4. 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 tree and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating
to unsworn falsification to authorities.
D~kTEt
G(ER~LD-E. REBJLE,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CYNTHIA L. REIGLE, ) CIVIL DIVISION
)
Plaintiff, ) NO.:
v. )
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GERALD E. REIGLE, )
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Defendant. )
04-1246 ,Civil Term
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCi,:
_DECREE UNDER § 3301(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 thc
Court and that a copy of the decree will be sent to me irrunediately after it is filed with
the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating
to unsworn falsification to authorities.
GERALD I:ffRE~.~LE, ~___.,~T
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CYNTHIA L. REIGLE,
Plaimiff,
V.
GERALD E. REIGLE,
Defendant.
) CIVIL DIVISION
)
)
) NO.: 04-1246 CIVIL TERM
)
) PRAECIPE TO TRANSMIT RECORD
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Filed on behalf of:
CYNTHIA L. REIGLE,
PLAINTIFF
Counsel of Record for this Party:
FRANK D. IVlAGONE, ESQUIRE
PA I.D. No. 26428
Yablonski, Co.stello & Leckie, P.C.
505 Washington Trust Building
Washington, PA 15301
(724) 225-9130
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CYNTHIA L. REIGLE, ) CIVIL DIVISION
)
Plaintiff, ) NO.:
v. )
)
GERALD E. REIGLE, )
)
Defendant. )
04-1246 Civil Term
TO:
.PRAECIPE TO TRANSMIT RECORD
THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for
entry of a divorce decree:
1. Ground for divorce: Irretrievable Breakdown Under Section 3301(c) of the
Divorce Code.
2. Date and manner of service of the Complaint: .,ert~fied Mail received on
April 8, 2004 upon Defendant.
3. Date of execution of the affidavit of consent required by Section
3301(c) of the Divorce Code:
By Plaintiff:
By Defendant:
June 28, 2004
July 14, 2004
4. Related claims pending: None.
5. Date of filing of Waiver of Notice of Intention to Request Entry
of a Divorce Decree under Section 3301 (c) of the Divorc, e Code:
By Plaintiff: June 28, 2004
By Defendant: July 14, 2004
Respectfully submitted,
YABLONSKI, COSTELLO & LECKIE, P.C.
FRA-I~K D. MAGONE, ES~IRE
Attorney for Defendant
505 Washington Trust Building
Washington, PA 15301
(724) 225-9130
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF p~~. PENNA.
NO. 04-1246
Cynthia L. Reigle
VERSUS
Gerald E. Reigle
DECREE IN
DIVORCE
AND NOW,
DECREED THAT
AND
~ IT IS ORDERED AND
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 ~HICH A FINAL ORDER HAS NOT
YEt BEEN eNTER~0~___
bY TH, ie COURt:
ATTEST: /~ ~.~~ J.
/ ' ~// PROTHONOTARY