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HomeMy WebLinkAbout04-1484RICHARD E. REED, JR., :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE CAROLE L. REED, Defendant :NO. ()q «N 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 for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 RICHARD E. REED, JR., :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE y, CAROLE L. REED, Defendant :NO. COMPLAINT AND NOW comes the Plaintiff, Richard E. Reed, Jr., who, by and through his attorneys, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Complaint, in which he avers that: 1. Plaintiff, Richard E. Reed, Jr., is an adult individual residing at 2 Patton Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Carole L, Reed, is an adult individual residing at 2 Patton Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both parties were bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on April 24, 1993. 5. There have been no prior actions in divorce or for annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE & The averments contained in Paragraphs 1 through 7 of this Complaint are incorporated herein by reference as though set forth in full. 9. Plaintiffs marriage to Defendant is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.S.A. §§3301(c) or (d), Plaintiff, Richard E. Reed, Jr., respectfully requests the Court to enter a Decree of Divorce. COUNT II REQUEST FOR A FAULT (INDIGNITIES) DIVORCE UNDER SECTION 3301(a)(6) OF THE DIVORCE CODE 11. The averments contained in Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as though set forth in full. 12. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render his condition intolerable and life burdensome. 2 WHEREFORE, pursuant to 23 Pa.C.S.A. §§3301(a)(6), Plaintiff, Richard E. Reed, Jr., respectfully requests the Court to enter a Decree of Divorce. COUNT III REQUEST FOR A FAULT (ADULTERY) DIVORCE UNDER SECTION 3301(a)(2) OF THE DIVORCE CODE 13. The averments contained in Paragraphs 1 through 12 of this Complaint are incorporated herein by reference as though set forth in full. 14. Defendant committed adultery continuously at least from February 1, 2004, until the present with Mr. Carl Putnam of Millersburg, Pennsylvania. WHEREFORE, pursuant to 23 Pa.C.S.A. §3301(a)(2), Plaintiff, Richard E. Reed, Jr., respectfully requests the Court to enter a Decree of Divorce. COUNT IV EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 15. The averments contained in Paragraphs 1 through 14 of this Complaint are incorporated herein by reference as though set forth in full. 16. Plaintiff and Defendant have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 17. Plaintiff and Defendant each owned, prior to the marriage, both real and personal property which has increased in value during the marriage, and/or which has 3 been exchanged for other property which has increased in value during the marriage, all of which property is marital property, subject to equitable distribution under the Divorce Code. 18. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, pursuant to 23 Pa.C.S.A. §3502, Plaintiff, Richard E. Reed, Jr., respectfully requests the Court to divide all marital property equitably between the parties. DATED: 0 J ?-V y Respectfully submitted, of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 4 VERIFICATION I, Richard C. Reed. Jr., hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties 18 Va. C. S. Section 4904, relating to unsworn falsification to authorities. DATED: q 4-09 Richard C. Recd, Jr. \ J AZ N R 0 A (U RICHARD E. REED, JR., Plaintiff VS. CAROLE L. REED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 04-1484 ACCEPTANCE OF SERVICE I, Carole L. Reed, hereby accept service of the Divorce complaint filed in the above-captioned action. DATED: A/ c?' ` ?'- Carole L. Reeder `? -- C'', o CJ 7}-.1 IV _:ii RICHARD E. REED, JR., PLAINTIFF V. CAROLE L. REED, DEFENDANT TO: RICHARD E. REED, JR. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 -• 1484 CIVIL IN DIVORCE You are hereby notified to file a written response to the enclosed Answer and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Thomas D. Gould Attorney for Defendant I.D. # 36508 2 East :Main Street Shiremanstown, PA 17011 (717) 731-1461 RICHARD E. REED, JR., PLAINTIFF V. CAROLE L. REED, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 1484 IN DIVORCE ANSWER TO COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE IN DIVORCE 1. Admitted, however the street is Patton Road, not Drive. 2. Admitted, however the street is Patton Road, not Drive. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. COUNT I 8. The prior answers to paragraphs 1-7 are incorporated herein by reference. 9. Admitted. 10. Admitted. COUNT II 11. The prior answers to paragraphs 1-10 are incorporated herein by reference. 12. Denied that Defendant has offer Plaintiff indignities. Denied that Plaintiff is an innocent and injured spouse. WHEREFORE Plaintiff's count II should be dismissed. COUNT III 13. The prior answers to paragraphs 1-12 are incorporated herein by reference. 14. Denied that Defendant committed adultery with Carl Putnam. By way of further answer, Plaintiff' has engaged in sexual relations with Defendant after alleging that Defendant was in an adulterous relationship thereby waiving any claim to adultery as a basis for his divorce. WHEREFORE Plaintiff count III should be dismissed. COUNT IV 15. The prior answers to paragraphs 1-14 are incorporated herein by reference. 16. Admitted. 17. Admitted. 18. Admitted. WHEREFORE, Defendant requests this Court to enter an Order equitably dividing or assigning the marital property between the parties. COUNTERCLAIM I Claim for Alimony, Alimony Pendente Li.te, Spousal Support 19. The prior answers to paragraphs 1-14 are incorporated herein by reference. 20. Defendant is without sufficient income and/or assets to support herself or pay attorney fees and is unable to fully support herself through appropriate employment. 22. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE Defendant requests this Honorable court to enter an award of reasonable temporary or permanent support, alimony, APL and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter for attorney fees and other costs related to this action. Thomas D. Gould Attorney for Defendant I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Complaint 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. Date:1142o ,1-3jQ -???`? Carole L. Reed a- cJ i O_ '-'- O, r N L? t_ r RICHARD E. REED, JR., :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE/CUSTODY CAROLE L. REED, Defendant :NO. 2004 -- 01484 COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Richard E. Reed, Jr., who, by and through his attorneys, Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, Esquire, and Beckley & Madden, of Counsel, files this Complaint for Custody, in which he avers that: 1. Plaintiff, Richard E. Reed, Jr., is an adult individual residing at 2 Patton Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Carole L. Reed, is an adult individual residing at 2 Patton Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks primary physical and joint legal custody of the following children: Name Date of Birth Residence Richard E. Reed, III 5/18/1992 parties Matthew R. Reed 6/10/1996 parties Nathaniel A. Reed 3/9/2000 parties Richard E. Reed, III, was born out of wedlock. The other children were born in wedlock. 1 1. 41. The children are presently in the custody of Plaintiff and Defendant at 2 Patton Drive, Mechanicsburg, Cumberland County, Pennsylvania. 4. During the past five years, the children have resided at the following addresses with the individuals indicated: Persons living with children Address Dates Plaintiff and Defendant 2 Patton Drive September 99 to the Mechanicsburg, PA 17055 present 5. Plaintiff is the Father of the children and he currently resides with the children and the Defendant at 2 Patton Drive, Mechanicsburg, Pennsylvania 17055. Plaintiff is married to the Defendant. 6. Defendant is the Mother of the children and currently resides with the children and Plaintiff at 2 Patton Drive, Mechanicsburg, Pennsylvania 17055. She is married to the Plaintiff. 7. The relationship of Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: Name Relationship Richard E. Reed, III Son Matthew R. Reed Son Nathaniel A. Reed Son Carole L. Reed Wife 8. The relationship of Defendant to the children is that of Mother. The Defendant currently resides with the following persons: 2 Name Relationship Richard E. Reed, III Son Matthew R. Reed Son Nathaniel A. Reed Son Richard E. Reed, Jr. Husband 9. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 10. The best interest and permanent welfare of the children will be served by granting the relief requested because: Plaintiff has been the children's primary care taker for the past five years and provides for their physical, emotional and financial well being. Plaintiff has developed a very close and loving bond with his sons. Defendant does not contribute to the children's care and often leaves the children either unattended or in other people's care. 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 3 L WHEREFORE, Plaintiff requests that the Court grant him primary physical custody and joint legal custody of the parties' minor children. DATED: 10 -?-GCp of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 4 Respectfully submitted, VERIFICATION I, Richard E. Reed, Jr., hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. f0 A0 LZ DATED: r Richard E. Reed, Jr. C7 ? Itt .- - .rte -9 `,..rl I r RICHARD E. REED, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CAROLE L. REED DEFENDANT 04-1484 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, October 13, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, November 14, 2006 at 12:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. _0 Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 ? p?„?ow &,?, 9? ? / of RICHARD E. REED, JR., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW VS. : IN DIVORCE/CUSTODY CAROLE L. REED, : No. 2004 -- 01484 Defendant ACCEPTANCE OF SERVICE I, Thomas D. Gould, Esquire, hereby accept service of the custody complaint filed in the above-captioned action on behalf of the Defendant, Carole L. Reed. DATED: !0 /!e/4 Thomas D. Gould, Esquire ?? ? ? cr_ r? _,a ? z?: '? r r4. ( , . ?? :.:.F 3 ? ? ES ie =1? RICHARD E. REED, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-1484 CIVIL ACTION LAW CAROLE L. REED Defendant IN CUSTODY ORDER AND NOW, this 13th day of February, 2007, the conciliator, having received no request from either party to reschedule the custody conciliation conference initially set for January 10, 2007, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator 1'' o € c g s ..?+ 6 f C_j-y 11-1 RICHARD E. REED, JR, Plaintiff VS. CAROLE L. REED, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 2004-01484 IN DIVORCE MOTION FOR APPOINTMENT OF DIVORCE MASTER And now, this 30`h day of April, 2007, comes Carole L. Reed, through her attorney, Michael D. Rentschler, Esquire, who files the within Motion as follows: 1). On October 10, 2006, Plaintiff filed a Complaint in Divorce against Defendant. The parties have been unable to resolve property issues nor have they been able to obtain a divorce from each other. Consequently, it is requested that a Divorce Master be appointed to decide property issues and to grant a divorce. WHEREFORE, it is respectfully requested that a Divorce Master be appointed. Respectfully submitted, ?- 6 Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, PA 17011 717-975-9129 Supreme Court ID 45836 Attorney for Defendant -. CERT'IFICAT'E OF SERVICE I, Michael D. Rentschler, Esquire, do hereby certify that, on the date stated below, I served a copy of the foregoing document upon the following individual by United States Mail, postage prepaid and addressed to: Liesl Beckley, Esquire Beckley & Madden 212 North Third Street PO Box 11998 Harrisburg, PA 17108-1998 Date: y U? Michael D. Rentschler, Esquire 28 N. 32°`' Street Camp Hill, PA 17011 (717) 975-9129 Supreme Court ID # 45836 ' ?? C? a ? ..? _, ? ?= `?", t.-t-t f-"? t ;? .?, n (a...' t ` ?.T ?, '?` ?,. WAY 0 4 9nn; Of RICHARD E. REED, JR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION CAROLE L. REED, NO. 2004-01484 Defendant IN DIVORCE ORDER And now, this '/ day of 2007, upon consideration of the Motion for Appointment of Divorce Master, (f e_?ff, Esquire, is hereby appointed as Divorce Master. BY UTt: Di tribution: ichael D. Rentschler, Esquire ?Giesl Beckley, Esquire A Cj co N RICHARD E. REED, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04 - 1484 CIVIL CAROLE L. REED, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of , 2008, both counsel having failed to return the certification document to the Master's office which was dated May 14, 2007, certifying the status of discovery, the appointment of the Master is vacated. BY E CO CaA Edgar B. Bayley, P.J. Cc: ? Elizabeth S. Beckley Attorney for Plaintiff ?/Michael D. Rentschler Attorney for Defendant (20f I*es rvk?Ll, Lek J ws,?. .Z ?? ,? i ??? g??? ?, t t? ? t`1? J ? LJ RICHARD E. REED, JR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION CAROLE L. REED, NO. 2004-01484 Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF DIVORCE MASTER And now, comes Carole L. Reed, through her attorney, Michael D. Rentschler, Esquire, who files the within Motion as follows: 1). On October 10, 2006, Plaintiff filed a Complaint in Divorce against Defendant. The parties have been unable to resolve property issues nor have they been able to obtain a divorce from each other. Consequently, it is requested that a Divorce Master be appointed to decide property issues and to grant a divorce. WHEREFORE, it is respectfully requested that a Divorce Master be appointed. Respectfully submitted, ichael D. Rentschler, Esquire 28 N. 32°d Street Camp Hill, PA 17011 717-975-9129 Supreme Court ID 45836 Attorney for Defendant CERTIFICATE OF SERVICE I, Michael D. Rentschler, Esquire, do hereby certify that, on the date stated below, I served a copy of the foregoing Document upon the following by first class mail, postage prepaid and addressed to: Elizabeth S. Beckley, Esquire 212 N. Third Street PO Box 11998 Harrisburg, PA 17108 Date: Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-9129 Supreme Court ID # 45836 ?.) t"?,} ?? " r ?-? h.7 ? ' t t + Tt C;`? ???? ,..} r (" ; - .- #` ?, .. E 3 ?ti ?.:3 ":. -, AUG 15 2008 Al If, ; ... ,;d RICHARD E. REED, JR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION CAROLE L. REED, NO. 2004-01484 Defendant IN DIVORCE ORDER And now, this f S day of , 2008, upon consideration of the Motion for Appointment of Divorce Master, Cam- A"f,.t- 27-Esquire, is hereby appointed as Divorce Master. BY ZT: N? WIJ 3. Dis}l? utiot __ ael D. Rentschler, Esquire zabeth S. Beckley, Esquire A s° 4 co yf Ifool RICHARD E. REED, JR., :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE CAROLE L. REED, Defendant :NO. 04-1484 PRE-TRIAL STATEMENT OF RICHARD E. REED, JR. AND NOW comes the Plaintiff, Richard E. Reed, Jr., who, by and through his attorneys, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of Counsel, files the following pre-trial statement. I. BACKGROUND Mr. and Ms. Reed were married on April 24, 1993. They separated on February 21, 2004, due to Ms. Reed's adulterous behavior. When the parties separated, Ms. Reed was 38 years old and Mr. Reed was 37 years old. Ms. Reed is employed by Wegman's. Mr. Reed is employed by Frontier Communications. Mr. and Ms. Reed are the parents of three minor children: Richard E. Reed, III, born May 18, 1992; Matthew R. Reed, born June 10, 1996; and Nathaniel A. Reed, born March 9, 2000. Mr. and Ms. Reed have continued to reside with their children in the marital residence since the date of separation; however, Mr. Reed has been the children's primary caretaker since before the parties separated. II. STATEMENT OF MARITAL ASSETS Marital Asset Value 2 Patton Road $185,000 (May, 2008) Mechanicsburg, PA 17055 1 (This is the marital residence. There is currently an outstanding mortgage on the same with an approximate balance of $107,217.75) 1999 Dodge Conversion Van unknown (This vehicle has been traded since separation) 1998 Plymouth Breeze unknown (This vehicle has been traded since separation) Telecove 401K $23,442.13 (June, 2006) and $17,585.75 (December 2008) Household furnishings unknown III. STATEMENT OF NON-MARITAL ASSETS Non-Marital Asset Value 2001 Harley Davidson Motocycle unknown (This was purchased after the date of separation. No marital funds were contributed to the same) IV. STATEMENT OF MARITAL LIABILITIES Marital Liabilities Amount Washington Mutual V. EXPERT WITNESSES $107,217.75 1. Real Estate Appraiser Pamela M. Reitenbach, 5113 Circle Drive, Harrisburg, PA 17112. See the attached real estate appraisal. VI. WITNESSES 1. The parties; 2 2. Mr. Carl Putnam - the first man that Defendant had an adulterous relationship with. Mr. Putnam will testify about the parties' relationship; 3. Richard E. Reed, Sr. - this is Plaintiff's Father who witnessed Defendant's adulterous relationship with Mr. Putnam; and 4. Such other witnesses as needed for rebuttal. VII. EXHIBITS 1. Parties' 2004 - 2008 tax returns; 2. Photographs/Videos of Defendant's adulterous behavior; 3. Real estate appraisal; 4. Sales sheets showing trade-in values on marital vehicles; 5. Current statements for the mortgage; 6. 401K statement; and 7. Such other exhibits as needed for rebuttal. VIII. PROPOSED RESOLUTION The following resolution is suggested: 1. 50/50 division of the marital assets; 2. 401K rolled into Defendant's name as part of her distribution in equitable distribution; 3. Plaintiff is trying to clear his credit (resulting from some medical debt from the parties' children) so that he can refinance the marital residence into his own name. He would like 6 months to accomplish the same. Plaintiff would like the closing costs associated with the sale deducted from the equity in the marital residence. At the time of refinance, Plaintiff would pay whatever additional sums he owes to Defendant at that time. 3 IX. ESTIMATED LENGTH OF HEARING If this matter proceeds to a hearing, then Mr. Reed estimates that the hearing will take one half to one full day. DATED: o -?f* Respectfully submitted, Of Counsel BECKLEY & MADDEN 212 N. 3rd Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 Elizabeth S.-Be-c, Attorney for Plaintiff Richard E. Reed, Jr. 4 CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Michael D. Rentschler, Esquire Law Office of Michael D. Rentschler, P.C. 28 N. 32» d Street Camp Hill, PA 17011 DATED: )(?dy-? I Alizet *.Be 4se ?`+ 3 Y } ? .-,,b _ 7 '.. 4 ' - ?? ? ? ?? }.,...f ?f c _'y 1-.? Q/1N?U.N U RICHARD E. REED, JR., Plaintiff V. CAROLE L. REED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE NO. 2004-01484 INCOME AND EXPENSE STATEMENT OF RICHARD E. REED, JR. Plaintiff verifies that the statements made in this Income and Expense Statement are true and correct. Plaintiff/Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: Richard E. Reed, Jr. r . INCOME AND EXPENSE STATEMENT OF RICHARD E. REED, JR. SS# 181-62-3757 EMPLOYER & ADDRESS JOB DESCRIPTION Frontier Communications 1000 Old Trail Rd Etters, PA 17319 Local Manager INCOME: Pay Period Gross Pay per Pay Period Itemized Payroll Deductions: Federal Withholding Social Security Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance OASDI/DIS Other Net Pay per Pay Period: OTHER INCOME: None Week Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Comp. Workmen's Comp. Other TOTAL MONTHLY INCOME: Month Year Bi-Monthly 2921.17 453.35 173.42 27.93 85.73 5.50 117.12 2007.24 4014.48 EXPENSES: Week Month Year Mortgage/rent 1204.15 Maintenance Utilities Electric 130.00 Gas Oil 1200.00 Telephone (cell) 150.00 Water 100.00 Sewer 455 00 Employment . Public Transportation Lunch Taxes Real estate Personal Property Income Other Insurance Homeowners Auto/motorcycle 1050.00 Life 2.00 Accident Health 234.24 Other --' Automobile Payments Fuel 2000.00 Repairs 1000 00 Medical . Doctor 500.00 Dentist 500.00 Orthodonist Chiropractor Hospital Medicine Special Needs (glasses, braces, etc.) Education Private school Parochial school College Religious Other: school lunch 100 Week Month Year Personal Clothing Food 400.00 Barber/hairdresser 30.00 Credit payments credit cards charge accounts Memberships Loans Credit Union Other Miscellaneous Household help Child care Papers/books/etc. 100 Entertainment 200 Pay TV 75.00 Vacation 3000 00 Gifts . Legal fees Charity Other: sports 500 TOTAL EXPENSES: $ PROPERTY OWNED: Description Value Ownership Checking accounts 600.00 Husband Savings accounts Credit Union Stocks/Bonds Real estate Other TOTAL VALUE OF PROPERTY 600.00 INSURANCE: Company Policy # Coverage Hospital Other Blue Cross QFG102975404001 me & boys Medical Other ----- Blue Shield QFG102975404001 me & boys Health/Accident Disability Income Dental Concordia 102975 404 001 me & b soy Vision VSP me & bo s Other y SUPPLEMENTAL INCOME STATEMENT (a) This form is to be filed out by a person (check one): (1) who operates a business or practices a profession, or (2) who is a member of a partnership or joint venture, or (3) who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. (c) Name of business: Address: Telephone Number: (d) Nature of business (check one) (1) partnership (2) joint venture (3) profession (4) closed corporation (5) other (e) Name of accountant, controller or other person in charge of financial records: (fl (1) Annual income from business: (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: employee Name RICHARD E REED JR ITEM HOURS SALARY TARE THE LEAD EXPREIMB RETRO PAY EX GROUP LIFE GROSS PAY STATEMENT OF EARNINGS AND DEDUCTIONS ? 057964 I I CENTR 802 800 12/15/2008 12/15/2008 CURRENT YEAR TO DATE ITEM 2916.67 64166.74 FEDERAL INC TAX .00 125.00 STATE TAX - PA .00 246.41 UNEMPLOYMENT .00 530.30 LOCAL TAX 4.50 90.00 SOCIAL SEC TAX 2921.17 65158.45 MEDICARE TAX EMST/OPT TAX HLTH CARE VISION PRE-TAX DENTAL PRE-TAX DEP LIFE INS DIR DEP CHECKING DEDUCTNS YTD FED WAGES ''?' o• , w COMMONWEALTH TELEPHONE CO. 100 CTE DRIVE DALLAS, PA 18612 00 I 62547.36 IPAY RATE FOR QUESTIONS, CALL 1-877-721-7732 DIR DEP CHECKING CURRENT 452.35 85.73 1. 75 27.93 173.42 40.55 2.60 117.12 .86 6.11 1. 00 2007.25 2916.67 2916.67 THIS IS NOT A CHECK 1 Net Pay YEAR TO DATE 10028.10 1917.40 38.90 624.64 3877.94 906.93 54.60 2225.28 17.20 122.20 20.00 42774.70 62607.89 2007.25 RICHARD E REED JR 2 PATTON RD CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Michael D. Rentschler, Esquire Law Office of Michael D. Rentschler, P.C. 28 N. 32"d Street Camp Hill, PA 17011 DATED: u ?-? 3lizeth6S. Bec *eys r ,.) ,..:: fir, .. { ??? ',A i. RICHARD E. REED, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE CAROLE L. REED, Defendant NO. 2004-01484 INVENTORY OF RICHARD E. REED, JR. Plaintiff files the following Inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. 1? 1141 (- Dated: ( 62 Richard E. Reed, Jr. ASSETS OF THE PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. x 1. Real Property x 2. Motor vehicles 3. Stocks, bonds, securities and options 4. Certificates of deposit 5. Checking accounts, cash 6. Savings accounts, money market and savings certificates 7. Contents of safe deposit boxes 8. Trusts 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) 10. Annuities _ 11. Gifts 12. Inheritances 13. Patents, copyrights, inventions, royalties 14. Personal property outside the home 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) 16. Employment termination benefits -- severance pay, worker's compensation claim/award 17. Profit sharing plans 18. Pension plans (indicate employee contribution and date plan vests) x 19. Retirement plans, Individual Retirement Accounts 20. Disability payments - 21. Litigation claims (matured and unmatured) 22. MilitaryN.A. benefits 23. Education benefits x 24. Debts due, including loans, mortgages held x 25. Household furnishings and personalty (include as a total category and attached itemized list if distribution of such assets is in dispute) 26. Other (Jewelry) MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description of Property 1 Home - 2 Patton Road Mechanicsburg, PA 17055 2 1999 Dodge Conversion Van 2 1998 Plymouth Breeze 19 Telcove 401(k) 25 Household furnishings Names of all Owners Joint Joint Joint Husband Joint NON-MARITAL PROPERTY Plaintiff/Defendant lists all property in which spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Number Description of Property Reason for Exclusion 2 2001 HD XLH883 Purchased after Divorce Motorcycle Complaint filed PROPERTY TRANSFERRED Item Description Date of Person to Whom # of Property Transfer Transferred Item Value as of Date # of Transfer Item Description Number of Pro pert y 24 Mortgage on 2 Patton Drive Mechanicsburg, LIABILITIES Names of All Creditors Washington Mutual Value at date of a uisition Names of All Debtor Joint CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Michael D. Rentschler, Esquire Law Office of Michael D. Rentschler, P.C. 28 N. 32"d Street Camp Hill, PA 17011 DATED: 4fize#th. r--, } _-j 1'{ ?, 3 .?? (`4'S f ' e?_ "+: \.?-) !?"`1 k ?.. 7 RICHARD E. REED, JR, Plaintiff' VS. CAROLE L. REED, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 2004-01484 : IN DIVORCE DEFENDANT CAROLE L. REED'S PRETRIAL MEMORANDUM And now, comes Carole L. Reed, through her attorney, Michael D. Rentschler, Esquire, who files the within memorandum as follows: 1). On April 7, 2004, the Plaintiff, filed a Complaint in Divorce against the Defendant. The Complaint requests a divorce utilizing the no-fault provisions of the divorce code and also makes a claim for indignities, adultery and requests prosperity distribution. On or about May 16, 2004, the Defendant filed an answer denying the allegations of indignities and adultery and also filed a counterclaim seeking alimony, alimony pendent elite and support. 2) The parties were married on April 24, 1993. Since their marriage, they have amassed articles of personal property and real estate. It is believed that the parties have reached an understanding as to the division of the personal property, but they are unable to resolve the issues of support and division of the marital dwelling. Both parties continue to reside together in the marital home located in Mechanicsburg, PA. 3). Defendant desires that the property be divided equitably. The parties have not been able to resolve property issues nor have they been able to obtain a divorce from each other. Consequently, it is requested that a Divorce Master be appointed to decide property issues and to grant a divorce. 4). Defendant intends to present herself as a witness in the masters hearing should it be necessary to litigate this matter. There may also be the need to call the real estate appraiser as a witness as to the value of the real estate unless a stipulation of value can be reached. Defendant may call Richard Reed as on cross examination. Defendant reserves the right to supplement her list of witnesses upon receipt of Plaintiff's pretrial memorandum. CERTIFICATE OF SERVICE 1, Michael D. Rentschler, Esquire, do hereby certify that, on the date stated below, I served a copy of the foregoing document upon the following individual by United States Mail, postage prepaid and addressed to: Lies) Beckley, Esquire Beckley & Madden 212 North Third Street PO Box 11998 Harrisburg, PA 17108-1998 Date: Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-9129 Supreme Court ID # 45836 1. 0 Respectfully submitted, G? Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, PA 17011 717-975-9129 Supreme Court ID 45836 Attorney for Defendant .._:3 _ _? `"b"} _•? ?? ? ?-. __ , , _. t ....? ?.. j:.. ?,? RICHARD E. REED, JR., Plaintiff V. CAROLE L. REED, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE Defendant :NO. 2004 -- 1484 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 7, 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 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. § 4904 relating to unsworn falsification to authorities. Dated: ? ?-, dzq f 1 Richard E. Reed, Jr. - - It, E. REED, JR., Plaintiff V. CAROLE L. REED, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE Defendant :NO. 2004 -- 1484 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: &? T, 'd Richard E. Reed, Jr. r- (NN"?-OTARY 2009 MAY i I P 12: 5 9 PENNSYLV,At,gj/+ .. RICHARD E. REED, JR, : IN THE COURT OF COMMON PLEAS OF Plaintiff COUNTY, PENNSYLVANIA cc? b?iel?.r,? vs. CIVIL ACTION CAROLE L. REED, : NO. 2004-1484 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on April 7, 2004 and the Defendant was served with the Complaint on April 8, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree of divorce after service of a Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: 's /V'uy e mod CAROLE L. REED, Defendant RICHARD E. REED, JR, Plaintiff VS. CAROLE L. REED, Defendant IN THE COURT OF COMMON PLEAS OF C??e COUNTY, CIVIL ACTION : NO. 2004-1484 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. i" Date: S1 CAROLE L. REED, Defendant OF T?E 2CAX)TAPY2009 MAY t t Pty 12= 5 9 RICHARD E. REED, JR., : IN THE COURT OCOUNMY PENNSYLVANIA Plaintiff : CUMBERLAND CIVIL ACTION - LAW V. : IN DIVORCE CAROLE L. REED, : Defendant Np 2004 -- 1484 PRAECIPE TO WITHDRAW EQUITABLE DISTRIBUTION COUNT TO THE PROTHONOTARY: Kindly withdraw the Equitable Distribution count filed in the above-captioned action. DATEDS-8??/ of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 Respectfully submitted, 4E1* h S. e Attorney for Plaintiff CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Michael D. Rentschler, Esquire Law Office of Michael D. Rentschler, P.C. 28 N. 32°d Street Camp Hill, PA 17011 oarEO ???? OF THE IPROTH(NJ'OTAPY 2009 MAY I I PM 12: 5 9 cutk, .: a f 'E,,,;: r 16 YLVAN i"a RICHARD E. REED, JR., THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04 - 1484 CIVIL CAROLE L. REED, , Defendant IN DIVORCE ORDER OF COURT AND NOW, this _ day of 2009, the economic claims raised in the proceedin having been resolved in accordance with a property settlement agreement dated May 7, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: Elizabeth S. Beckley Atto ney for Plaintiff Michael D. Rentschler Attorney for Defendant eoP yes m;@L t LL 'T R-107 BY THE COURT, v1 Q lot-X Edgar B. Bayley, P.J. c 1 . C%j LL '' A`N ? N ? PROPERTY SETTLEMENT AGREEMENT A NIA -, This is a Property Settlement Agreement entered into this day of 2009, by and between RICHARD E. REED, JR., of Cumberland County, 4nnsylvania (hereinafter referred to as "Husband"), and CAROLE L. REED, of Cumberland County, Pennsylvania (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on April 24, 1993, and; WHEREAS, three children have been conceived of this marriage: Richard E. Reed, III whose date of birth is May 18, 1992; Matthew R. Reed whose date of birth is June 10, 1996; and Nathaniel A. Reed whose date of birth is March 9, 2000; and WHEREAS, unhappy differences have arisen between Husband and Wife in consequence of which they are now living separate and apart from each other; and WHEREAS, Husband and Wife are now in the process of obtaining a divorce, and, consequently, they desire to settle and determine finally and for all time both their respective financial and property rights, including any and all claims which either of them may have against the other. NOW THEREFORE, in consideration of this Property Settlement Agreement, and of the mutual promises, covenants and undertakings set forth herein, and incorporating the above "WHEREAS" clauses herein by reference, the parties hereto, each intending to be legally bound, hereby agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to 1 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 fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt or endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the other's peaceful existence, separate and apart from the other. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible, and that she shall indemnify and save harmless Husband from any and all claims or demands incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and that he 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. OUTSTANDING JOINT DEBTS: All debts, obligations or liabilities incurred at any time in the past by either of the parties will be paid promptly by the party which incurred such debt, obligation or liability, unless except as otherwise specifically set forth in this Agreement. Each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or 2 his or her estate indemnified and saved harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such actions, claims and demands. Neither parry shall, after the date of this Agreement, contract or incur any debt or liability for which the other or his or her property might be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against her or him by reason of debts or obligations incurred by her or him, and from all costs, legal costs and counsel fees incurred in connection therewith unless provided to the contrary herein. 6. BAND ACCOUNTS AND INSURANCE: Husband and Wife are owners of individual savings, checking and insurance at various institutions, and Husband hereby releases all claims in and to all accounts in the name of Wife, and Wife hereby releases all claims in and to all accounts in the name of Husband, and each party shall retain as his or her separate property each account currently titled to that party. Husband and Wife agree to sign, upon request and after execution of this Agreement, any titles or any other documents reasonably necessary to give effect to this Section. 7. RETIREMENT ACCOUNTS: Husband is the owner of a 401K account through his former employer Level 4. Husband's 401 K account has an approximate value of $18,500.00 and is currently with Wells Fargo. Husband and Wife agree that upon the execution of this Agreement, Husband shall pay Wife the sum of $2,000.00 and immediately cash out the 401K having the customary taxes withheld (28%). Husband will receive 10% of the total value of the 401K off the top of the proceeds to pay the penalty he will be assessed for cashing in the 401 K prior to retirement age. Husband will also receive the first $2,000.00 to reimburse himself for the funds paid to Wife at the 3 execution of this Agreement. The next $5,000.00 from the 401K will be set aside to pay for a custody evaluation with Deborah Salem of Interworks. In the event the evaluation is less than $5,000.00, Wife will receive the remaining balance. Wife will have two weeks from the date of the execution of this Agreement to vacate the marital residence. After Wife has vacated the marital residence, she will receive the balance of the 401K proceeds, after the above-mentioned deductions have been made, as soon as Husband has receives the same from Wells Fargo. The parties further agree that Husband is hereby granted exclusive possession of the marital residence once the two week period has expired from the execution of this Agreement. Husband and Wife both hereby acknowledge that neither party has any other retirement account other than what has been mentioned above. 8. HUSBAND'S RELEASE: Husband does hereby release, remise, quitclaim, and forever discharge Wife and the Estate of Wife from any and all claims that he now has or may hereafter have against Wife, or in, to, or against her Estate or any part thereof, whether arising out of any former contracts, agreements, engagements, or liabilities of Wife, or by way of dower or claim in the nature of dower, spouse's right or under any intestate laws or the right to take against Wife's Will, or for equitable distribution, support, alimony, alimony pendente lite, or maintenance of any other nature whatsoever, excepting only those rights accruing to Husband under this Postnuptial Agreement. 9. WIFE'S RELEASE: Wife does hereby release, remise, quitclaim, and forever discharge Husband and the Estate of Husband from any and all claims that she now has or may hereafter have against Husband, or in, to, or against his Estate or any part thereof, whether arising out of any former contracts, agreements, engagements, or liabilities of Husband, or by way of dower or claim in the nature of dower, spouse's right 4 or under any intestate laws or the right to take against Husband's Will, or for equitable distribution, support, alimony, alimony pendente lite, or maintenance of any other nature whatsoever, excepting only those rights accruing to Wife under this Postnuptial Agreement. 10. MUTUAL INDEMNIFICATION: Each party represents that no debts, liabilities, or obligations have been incurred or contracted for which the other party or the Estate of the other party may be responsible or liable, except those specifically identified in this Agreement. Each party hereto shall hereafter keep the other and his or her heirs and personal representatives indemnified and saved harmless against and from all debts and liabilities contracted for or incurred by or on behalf of the indemnifying party, and against and from all actions, proceedings, claims, demands, costs, attorneys' fees and expenses incurred in respect to any such debts or liabilities, excepting, however, obligations of the parties hereto to each other under this Agreement. 11. DIVISION OF REAL PROPERTY: Husband and Wife own jointly the marital residence, situated at 2 Patton Road, Mechanicsburg, Cumberland County, Pennsylvania. Husband and Wife agree that Husband is given exclusive possession of the marital residence once two weeks from the execution of this Agreement have expired. Husband will be solely and separately liable for all expenses associated with the marital residence while it remains in joint names including, but not limited to: mortgage, taxes, insurance and utilities. Husband and Wife agree to immediately list the marital residence for sale with a real estate agent familiar with the greater Mechanicsburg area once Wife has vacated the marital residence. Husband and Wife agree that Husband will be listed as an `exception' to the listing agreement with the real estate agent so that if, at some point, Husband 5 becomes able to refinance the marital residence into his own name the parties will only be required to pay the real estate agent a nominal commission rather than the full listing commission. Husband and Wife further agree that the real estate agent will select the list price based upon the current real estate market and both agree to cooperate with any reductions in price recommended by the real estate agent while the marital residence is subject to the listing agreement. If Husband would become able to refinance the marital residence, he would be `buying' the property at the then list price or an agreed upon price by the parties. In the event Husband would refinance the marital residence into his own name, Wife agrees to transfer all right, title and interest in and to the real estate now titled as tenants by the entireties to the Husband upon Husband's refinance and agrees to execute all deeds, documents, or papers necessary to effect such transfer of title. At the time of sale or refinance of the marital residence, Husband and Wife agree that Wife shall receive 55% of the parties' assets which include the sums Wife received from Husband's 401K and the proceeds from the marital residence. Thus, if Husband does refinance the marital residence he will have to produce enough money at the time of settlement to ensure that Wife receives 55% of the parties' assets. 12. DIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, their personal property and the personal effects, household furniture and fiunishings, and all other articles of personal property which have theretofore been used by them in common, and neither party will make any claim to any items of personal property which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. 6 13. AUTOMOBILES: Husband and Wife agree that Husband shall be the sole and separate owner of the 1998 Dodge Conversion Van and Wife shall become the sole and separate owner of the 1998 Plymouth Breeze. Husband and Wife agree to assume all responsibility for any outstanding debt balance on his or her respective vehicle, indemnifying and holding the other harmless from any financial responsibility arising from nonpayment thereon. Husband and Wife agree to execute any and all instruments and documents necessary in order to effectuate the transfer of title to said automobiles. 14. CUSTODY: Husband and Wife agree to share legal custody of their children. During the school year, the children will live primarily with Husband. Wife will have partial physical custody during the school year to include every other weekend from Friday after school until Monday morning when she will take the children to school. Wife will also be entitled to visitation with the children one evening per week from after school until 7:30 p.m. The night will be agreed to by Husband and Wife. Wife will have custody of the children during the school year at such other times as the parties may agree. Husband and Wife agree to share physical custody of the children during their summer school recess on a week on/week off schedule with the exchange time being Sunday afternoons at 4:00 p.m. The non-custodial parent will have custody of the children from Wednesday at 5:00 p.m. until Thursday at 5:00 p.m. during the other parent's custodial week. Husband and Wife agree to alter their summer custody schedule by a day or two (if need be for a weekly rental) in order to allow each other to take the children on vacation should they choose to do so. The parties further agree that all three children will remain in the Mechanicsburg 7 School District and that the parties will use Husband's address for school purposes. Husband and Wife also agree to share custody of the children on all major holidays. Husband and Wife have agreed to seek a custody evaluation with Deborah Salem at Interworks or some other mutually agreed upon evaluator if Ms. Salem is unavailable to perform said custody evaluation. Husband will pay $5,000.00 toward the cost of the custody evaluation from the 401K proceeds. Any cost over and above $5,000.00 will be divided evenly between the parties. Husband and Wife further agree that this custody arrangement shall be considered a temporary arrangement until such time as the custody evaluation has been completed. This arrangement has been entered into voluntarily between the parties and shall not be used to prejudice either party in pursuit of custody of their children. 15. CHILD SUPPORT: Husband and Wife agree that as long as the above- mentioned custody arrangement is in place neither party will seek child support from the other. In lieu of child support, Husband and Wife agree to divide the children's expenses (excluding food) equally between them while this arrangement is in place. 16. TAXES: Husband and Wife agree that Husband and Husband alone will be entitled to claim the taxes and mortgage interest for the marital residence on his tax returns beginning with the 2009 tax year and every year thereafter while the marital residence is in joint names. Husband and Wife further agree that as long as the custody arrangement mentioned above is in place Husband and Husband alone will be entitled to claim all of the parties' children as dependents on his tax return beginning with the 2009 tax year and every year thereafter while the parties maintain the custody arrangement provided for in this Agreement. 8 17 COUNSEL FEES: Husband and Wife agree to be solely and separately responsible for his or her counsel fees without contribution from the other. 18 BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, to sue for specific performance, and to seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 19 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. 20 VOLUNTARY EXECUTION: Husband has employed and had the benefit of counsel from Elizabeth S. Beckley, Esquire as his attorney. Wife has employed and had the benefit of counsel from Michael D. Rentschler, Esquire as her attorney. Each party acknowledges that he or she 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, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and/or with such knowledge as each party desires, 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. Also, each party hereto acknowledges that 9 under the Pennsylvania Divorce Reform Act, the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties, and each party waives their respective right to have the Court of Common Pleas or any Court of competent jurisdiction make any determination or order affecting the respective parties' right to a alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 21. 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. This Agreement shall be binding upon the parties hereto, and there respective heirs, executors, administrators and assigns. 22. 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 by both parties 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. 23. 5EVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 10 24. DATE OF EXECUTION/EFFECTIVE DATE: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they did so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 25. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above-written. Richard E. Reed, Jr. Carole L. Reed 11 Michael D. Rentschler, Esquire CAROLE I E. REED, JR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION L. REED, NO. 2004-01484 Defendant IN DIVORCE PRAECIPE To the Kindly i support. the Defendant's requests for alimony, alimony pendente lite, and spousal Respectfully requested, Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, PA 17011 717-975-9129. Supreme Court ID 45836 CERTIFICATE OF SERVICE I, Mic of the and ac D. Rentschler, Esquire, do hereby certify that, on the date stated below, I served a copy going document upon the following individual by United States Mail, postage prepaid sed to: Liesl Beckley, Esquire Beckley & Madden 212 North Third Street PO Box 11998 Harrisburg, PA 17108-1998 Date: Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-9129 Supreme Court ID # 45836 ?Cl99 !VI ' 2 % i i ?, ITV RICHARD E. REED, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE CAROLE L. REED, Defendant : NO. 2004 -- 1484 PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for the entry of a Decree of Divorce. 1. Ground for divorce: irretrievable breakdown of the marriage under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: the complaint was served on Carole L. Reed, on April 8, 2004, by her personally accepting service of the complaint. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff on May 5, 2009; by defendant on May 7, 2009. 4. Related claims pending: No economic claims raised. 5. (a) Date plaintiff's Waiver of Notice May 5, 2009, and was filed on May 11, 2009. (b) Date defendant's Waiver of Notice May 7, 2009, and was filed on May 11, 2009. DATED: ?'--? of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 Racr?artfiilly cnhmitterl CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Michael D. Rentschler, Esquire Law Office of Michael D. Rentschler, P.C. 28 N. 32nd Street Camp Hill, PA 17011 DATED: 6 6 ? rf ._ _ _ r? 'u ?i. .. r' ,_. RICHARD E. REED, JR. V. CAROLE L. REED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 -- 1484 DIVORCE DECREE AND NOW, to , it is ordered and decreed that RICHARD E. REED, JR. plaintiff, and CAROLE L. REED bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE. The Property Settlement Agreement between the parties shall be incorporated into the final decree for purposes of enforcement, but shall not merge with the final Decree in Divorce. By the Court, Attest: J. J24t othonotary XW4 (2)