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HomeMy WebLinkAbout05-3475<7) DORIS E. REED, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Tto HOWARD R. REED, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim 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 a 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, Cumberland County Courthouse, Carlisle, PA. 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 LAWYERAT ONCE. IF YOUDO 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 NOTICIA Le ban demandado a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la Corte omara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates Para usted. yporcualquier LLEVE ESTA DEMANDq A TIENE ABOGADO O SI NO TIENE EL DINERO SUM NTE DEAMENTE. PAGAR SI NO TAI, SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES AC 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about assessable facilities and reasonable accommodations available to disable 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 DORIS E. REED, Plaintiff V. HOWARD R. REED, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0.s - J Y 7,S- : CIVIL ACTION - LAW : IN DIVORCE c t e 4?,, COMPLAINT IN DIVORCE UNDER SECTION 3301(cl OR SECTION 3301(d) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Doris E. Reed, by and through her attorney, Marianne E. Rudebusch, Esquire, and seeks to obtain a decree in divorce from the above- named Defendant, upon the grounds hereinafter set forth: 1 • The Plaintiff, Doris E. Reed, is an adult individual who resides at 106 Mountain View Drive, Enola, Cumberland County, Pennsylvania, 17025 2. The Defendant, Howard R. Reed, is an adult individual who resides at 106 Mountain View Drive, Enola, Cumberland County, Pennsylvania, 17025 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 8/15/92. 5. Plaintiff avers that there are no children to the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. There have been no prior actions in divorce between the parties. 8. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 9• Plaintiff has 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. 10 Proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on or about 5/19/05. The causes of action and sections of Divorce Code under which Plaintiff is COUNTI 11 Paragraphs 1 through 10 of this Complaint. CLAIM FOR ALIMONY PENDENTE LITE Plaintiff hereby incorporates by reference all of the averments contained in 12. Plaintiff does not have sufficient funds to support herself during the pendency of this action. 13. Defendant is well able to pay support to plaintiff. 14. Plaintiff requests this Court to grant her alimony pendente lite. CO=NT 11 15. Plaintiff hereby incorporates by reference all the averments contained in paragraphs 1 through 14 of this Complaint. 16. Plaintiff does not have sufficient funds to pay the counsel fees, costs and expenses incidental to this action. IT Defendant is well able to pay Plaintiffs counsel fees, costs and expenses incidental to this matter. 18. Plaintiff requests this Court to grant her counsel fees, costs and expenses incidental to this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; and b. directing the Defendant to pay alimony pendente lite to Plaintiff; and c. directing the Defendant to pay Plaintiffs counsel fees and expenses incidental d. for such further relief as the Court may determine to be equitable and just Dated: f g Respectfully Submitted, c_ ( iviarianne E. Rudebusch, Esquire uire 4711 Locust Lane Harrisburg, pA 17109 (717) 657-0632 Id. No. 63522 DORIS E. REED Plaintiff V. HOWARD R. REED, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE VERIFICATION 1 verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By: Qca,;O Danis E. Reed Date: 3V no_' O W c 'VI H N ry' A W O O c? Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff DORIS E. REED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3475 HOWARD R. REED, : CIVIL ACTION - LAW Defendant : IN DIVORCE INCOME AND EXPENSE STATEMENT UNDER RULE 1920.31 I hereby file the Statement of Income and Expenses required under Rule 1920.31 and verify that the information therein contained is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unsworn falsification to authorities. Date: °I a o 0 o u I? z Doris E. Reed Employer: Address: Type of Work: Payroll Number: Pay Period (weekly, bi-weekly, etc): Gross Pay Per Pay Period: Itemized Payroll Deductions: Federal Withholding Social Security Local Wage Tax State Income Tax Unemployment Medicare Tax Retirement (401 k) Savings Bonds Credit Union Life Insurance Health Insurance Long Term Disability Net Pay Per Pay Period: Other Income: Interest - CD & Bonds Dividends Pension Annuity Social Security Rents Royalties Expense Account Unemployment Compensaion INCOME AND EXPENSE STATEMENT OF DORIS E. REED Washington Group International 180 Kost Road, Mechanicsburg, PA 17011 Pack Computer Parts- warehouse 1268 Bi-weekly $986.95 -$121.55 -$61.16 -$9.86 -$30.28 -$10.00 -$14.31 -$49.34 -$0.55 -$13.74 $676.16 Monthly $61.00 Yearly $732.00 Workmen;s Comp. Gifts Child Support Teamster's Pension (from previous marriage) $154.00 TOTAL $1,678.88 EXPENSES HOME: Mortgage/Rent Maintenance & Lawn Utilities: Electric Gas Oil Sewer Telephone Cell Phone Water Refuse City EMPLOYMENT: Public Transportation Lunch TAXES: Real Estate Personal Property INSURANCE: Homeowners Automobile(s) Life Monthly $23.00 $48.00 $67.00 $1,848.00 $20,146.63 Yearly $0.00 $0.00 0 $0.00 $0.00 $0.00 $276.00 $576.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $804.00 $0.00 Accident $2.20 $26.40 Health $0.00 Disability $27.48 $329.76 AUTOMOBILES: Payments $254.48 $3,053.76 Fuel (all vehicles) $200.00 $2,400.00 Repairs $0.00 MEDICAL Doctor $5.00 $60.00 Dentist $16.67 $200.04 Orthodontist $0.00 Hospital $0.00 Medicine $45.68 $548.16 Special Needs (glasses $0.00 braces, etc.) EDUCATION: Private School $0.00 Parochial School $0.00 College $0.00 Religious $0.00 PERSONAL: Clothing $50.00 $600.00 Food $200.00 $2,400.00 Barber/Hair Dresser $15.00 $180.00 Credit Payments $220.00 $2,640.00 Credit Card $0.00 Charge Accounts $0.00 Memberships $0.00 LOANS: Credit Union $21.73 $260.76 Line of Credit $0.00 MISCELLANEOUS: Child Care/Babysitting $0.00 Papers/Books/Magazines $5.00 $60.00 Entertainment $80.00 $960.00 Pay TV $0.00 Vacation $85.00 $1,020.00 Gifts $87.50 $1,050.00 Legal Fees $125.00 $1,500.00 Charitable Contributions $8.50 $102.00 Child Support $0.00 Alimony/Spousal Support $0.00 Tax Preparation $12.50 $150.00 Christmas Club $40.00 $480.00 TOTAL EXPENSES $1,639.74 $19,676.88 h c? Q u+ 77 cn Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff DORIS E. REED, Plaintiff V. HOWARD R. REED, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3475 : CIVIL ACTION - LAW : IN DIVORCE INVENTORY UNDER RULE 1920.33 Plaintiff, Doris E. Reed, 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. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: l3 a 0? By: I Jm.,, l , PJ Doris E. Reed ASSETS OF PARTIES PLAINTIFF MARKS ON THE LIST BELOW THOSE ITEMS APPLICABLE TO THE CASE AT BAR AND ITEMIZES THE ASSETS ON THE FOLLOWING PAGES. (XX) 1. Real Property (XX) 2. Motor Vehicles (XX) 3. Stocks, bonds, securities and options ( ) 4. Certificates of Deposit (XX) 5. Checking accounts, cash (XX) 6. Savings accounts, money market and savings certificates O 7. Contents of safe deposit box(s) O 8. Trusts (XX) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) O 10. Annuities O 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties (XX) 14. Personal property outside the home O 15. Businesses (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 O 17. Profit sharing plans (XX) 18. Pension plans (indicate employee contribution and date plan vests) (XX) 19. Retirement plans, Individual Retirement Accounts O 20. Disability payments O 21. Litigation claims (matured and unmatured) O 22. MilitaryN.A. benefits O 23. Education benefits (XX) 24. Debts due, including loans, mortgages held (XX) 25. Household furnishings and personalty (include as a total category and attach itemized list if distri- bution of such assets is in dispute) O 26. Other 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 OF THE SEPARATION OF THE PARTIES: ITEM NUMBER DESCRIPTION NAMES OF OF PROPERTY ALL OWNERS 1. 106 Mountain View Drive Husband Enola, PA 17025 1. 211 2nd Street RMR Associates Summerdale, PA (Rental property) 1. 201 Wanye Avenue RMR Associates E. Pennsboro, PA 1. 2311 Port St. Lucie Husband St. Lucie, FL 2. 2003 Saturn L200 Wife 2. 1999 Oldmobile Van Husband 5. Checking acct. w/ M&T Wife 9. Life Insurance employer Wife 15. RMR Associates (business) Husband 18. TSP Husband 19. Retirement w/ AARP Husband 19. IRA w/ Wachovia Husband 19. Money Market w/ Prudential Husband 19. Retirement w/ T. Rowe Price Wife 25. Household goods & furnishings Joint NON-MARITAL PROPERTY PLAINTIFF LISTS ALL PROPERTY IN WHICH A SPOUSE HAS A LEGAL OR EQUITABLE INTEREST WHICH IS CLAIMED TO BE EXCLUDED FROM MARITAL PROPERTY: ITEM NUMBER DESCRIPTION REASON FOR OF PROPERTY EXCLUSION PROPERTY TRANSFERRED PLAINTIFF LISTS ALL MARITAL PROPERTY IN WHICH EITHER OR BOTH SPOUSES HAD A LEGAL OR EQUITABLE INTEREST INDIVIDUALLY OR WITH ANY OTHER PERSON AND WHICH HAS BEEN TRANSFERRED WITHIN THE PRECEDING THREE YEARS: ITEM DESCRIPTION DATE OF CONSIDER- PERSON TO NUMBER OF PROPERTY TRANSFER ATION WHOM TRANSFERRED LIABILITIES PLAINTIFF LISTS ALL LIABILITIES OF EITHER OR BOTH SPOUSES ALONE OR WITH ANY PERSON AS OF THE DATE OF SEPARATION: ITEM DESCRIPTION NUMBER OF PROPERTY 106 Mountain View Drive 201 Wayne Street 2. 2003 Saturn NAMES OF ALL CREDITORS Sovereign Bank Sovereign Bank GMAC NAMES OF ALL DEBTORS Husband Husband Wife F? -? _ G 11 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Defendant DORIS E. REED, Plaintiff V. HOWARD R. REED, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-3475 : CIVIL ACTION - LAW : IN DIVORCE MOTION FOR PRODUCTION OF DOCUMENTS TO: Law Offices of Maria P. Cognetti Kristopher T. Smull, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Attorney for Defendant Pursuant to Pennsylvania Rules of Civil Procedure 4009, you are hereby requested to produce the below listed documents at the office of Marianne E. Rudebusch, Esquire, 4711 Locust Lane, Harrisburg, Pennsylvania, 17109 within thirty (30) days of service hereof. 1. All documents related to your Answers to Interrogatories served in the above matter and which support any of the information provided by you in your Answers. 2. Copies of all checking and savings account statements for 2003, 2004, 2005, 2006 to present on any account in your name alone, accounts held jointly with another V individual, or accounts held by another individual on your behalf. 3. Copies of all statements showing the balance in all investment accounts you hold or control, including bank accounts, certificates of deposit, mutual funds, stock investment accounts, savings bonds and the like at the date of separation and the current date. This request specifically includes any and all retirement or other tax-deferred assets in which you own an interest to which you are entitled in any way. 4. Verification of all marital debts, listing the appropriate creditor, account number, account balance at date of separation, present account balance, periodic payment amount and due date of periodic payment. 5. Copies of all insurance policies with verification of the policies' face value at the date of separation and present date, and cash surrender value at the date of separation and present date. 6. Copies of all booklets and/or descriptions of each Pension Plan, Retirement Plan, IRA Statement and any other retirement and/or profit sharing plan in which Defendant is a participant, with verification of the value of each item at the date of separation and present date. 7. Copies of all deeds, mortgages and notes for any real estate you own individually or as a partner for 2004 through present. 8. Copies of all leases for real property you own individually or as a partner for 2004 through present. IV 9. Copies of all employment contracts for 2004, 2005 and 2006 in which you had an interest. Respectfully Submitted, /?AwamvL.Q- Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: ` ?(; 0 o K. rn ? rn f ' U r CD ? rn Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff DORIS E. REED, Plaintiff V. HOWARD R. REED, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3475 : CIVIL ACTION - LAW : IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE UNDER SECTION 3702 OF THE DIVORCE CODE 1. Doris Reed and Howard Reed, hereinafter referred to as Wife and Husband, were married on August 15, 1992. Wife filed a Complaint in Divorce in the Court of Common Pleas of Cumberland County on July 8, 2005, which included, inter alia, a count for APL. 2. On or about August 28, 2007, Wife moved from the marital residence located at 106 Mountain View Drive, Enola, Cumberland County, Pennsylvania, to her current address at 23 Coral Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff does not have sufficient funds to support herself during the pendency of this action. 4. Defendant is well able to pay support to Plaintiff. 5. Plaintiff requests this Court to grant her alimony pendente lite. WHEREFORE, Plaintiff requests that this Honorable Court: a. Award her Alimony Pendente Lite until the finalization of the divorce. b. Schedule a support conference on this matter on October 26, 2007, the same date and time a support conference for spousal support is scheduled with Ricky Shaddy, Conference Officer with Cumberland County Domestic Relations, Docket Number 00810-S-2007, PACSES No. 654109501. Respectfully Submitted, Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: 16 ??1.- 07 ATTORNEY VERIFICATION Undersigned counsel, Marianne E. Rudebusch, Esquire, hereby verifies and states that: 1. She is the attorney of record for Doris E. Reed, Plaintiff. 2. She is authorized to make this verification on her behalf. 3. The facts set forth in the foregoing are true and correct to the best of her knowledge, information and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dated: o -`i'on By: F. y. Marianne E. Rudebusch, Esquire Attorney for Plaintiff DORIS E. REED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3475 HOWARD R. REED, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this day of ()A 6A- , 2007, I, Katherine A. Frey, Secretary to Marianne E. Rudebusch, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, at Harrisburg, Pennsylvania, to the following addressee: Law Offices of Maria Cognetti R.J. Shaddy, Conference Officer Kristopher T. Smull, Esquire Domestic Relations of Cumberland County 210 Grandview Avenue, Suite 102 P.O. Box 320 Camp Hill, PA 17011 Carlisle, PA 17013 Attorney for Defendant By: Katherine A. Frey r? c? ca Fq, t.a DORIS E. REED, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-3475 CIVIL TERM HOWARD R. REED, IN DIVORCE L. Defendant/Respondent . PACSES CASE NO: 392109537 ORDER OF COURT AND NOW, this 12th day of October, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on October 26, 2007, 2007 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Kristopher T. Smull, Esq. Marianne E. Rudebusch, Esq. Date of Order: October 12, 2007 J. S day, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 C7 ? n f- Cz Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Defendant DORIS E. REED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3475 HOWARD R. REED, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO ADD COUNT TO DIVORCE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please add a Claim for Alimony under Section 3701 of the Divorce Code to the Complaint in Divorce that was filed on July 8, 2005 in reference to the above captioned matter. Respectfully Submitted, Dated: 10- gA7 S Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 S O d < ; rM DORIS E. REED, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-3475 CIVIL TERM HOWARD R. REED, IN DIVORCE Defendant/Respondent PACSES CASE NO: 392109537 ORDER OF COURT AND NOW, this 28th day of November, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on January 3. 2008 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Marianne E. Rudebusch, Esq. Kristopher T. Smull, Esq. Date of Order: November 28, 2007 . Sh y, C Inference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 a EE" 'T7CP a m ' c i %jo -a lrx ? 1J DORIS E. REED, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-3475 CIVIL TERM HOWARD R. REED, IN DIVORCE Defendant/Respondent PACSES Case No: 392109537 ORDER OF COURT AND NOW to wit, this 3rd day of January 2008, it is hereby Ordered that the Petition for Alimony Pendente Lite be dismissed, without prejudice, pursuant to an agreed upon Spousal Support Order being entered under PACSES Case 654109501 and docketed at 00810 S 2007. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: 'k -L ??4 ? M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Marianne E. Rudebusch, Esq. Kristopher T. Smull, Esq. Form OE-001 Service Type: M Worker: 21005 Y :r 'r M mac': e N C7 N 41 DORIS E. REED, Plaintiff V. HOWARD R. REED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-3475 CIVIL ACTION - LAW DIVORCE PRAECIPE TO ENTER AND WITHDRAW APPEARANCE Kindly withdraw the appearance of Kristopher T. Smull, Esquire and Maria P. Cognetti and Associates on behalf of the above-named Defendant, Howard R. Reed, in connection with the above captioned matter. Date: I "A V Kri t er T. Smull, Esquire Kindly enter the appearance of Kristopher T. Smull, Esquire and Robinson & Geraldo, on behalf of the above-named Defendant, Howard R. Reed, in conrction with the above captioned matter. Date: SSG 0X Krist4her T. Smull, Esquire ROBINSON & GERALDO Attorney I.D. No. 69140 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 Telephone No. (717) 232-8525 t CERTIFICATE OF SERVICE -fi I, Kristopher T. Smull, Esquire, do hereby certify that on the 6 day of May, 2008,1 caused a true and correct copy of the Praecipe to Enter and Withdraw Appearance to be served upon the following individual by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Marianne Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 ROBINSON & LDO By: Kristo h . Smull, Esq ire C7 rya cart ;.,. ; ? -a^ r- - t -y " rn ( DORIS E. REED, Plaintiff V. HOWARD R. REED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3475 CIVIL ACTION - LAW DIVORCE PRAECIPE TO ENTER AND WITHDRAW APPEARANCE Kindly withdraw the appearance of Kristopher T. Smull, Esquire and Robinson & Geraldo on behalf of the above-named Defendant, Howard R. Reed, in connection with the above captioned matter. Date: 511 ? a Kindly enter the appearance of Maria P. Cognetti, Esquire, on behalf of the above-named Defendant, Howard R. Reed, in connection with the above captioned matter. Date: 5-1, `E Q z Maria P. ogne i, squire r, . CERTIFICATE OF SERVICE I, Kristopher T. Smull, Esquire, do hereby certify that on the \" day of May, 2008, I caused a true and correct copy of the Praecipe to Enter and Withdraw Appearance to be served upon the following individual by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Marianne Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 ROBINSON &,QERALDO By: ° -? C? ?? t ? ?; ?=z? ;.? Ct c-" ., " .Y^ ? I?r'?. `.J e ,?i ? ..,,? ?""?. "? ? . y a.. ..1 ?. ^ ? . ? ,. L . r: ? , `r , ?? ?? .? c3?t I 'w. Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63 522 Attorney for Plaintiff DORIS E. REED, Plaintiff V. HOWAIAD R. REED, Defendant MOTION FOR APPOINTMENT OF MASTER Plaintiff, Doris E. Reed, moves the Court to appoint a Master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony (X) Alimony Pendente Lite and in support of the motion states: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3475 CIVIL ACTION - LAW IN DIVORCE ( ) Distribution of Property ( ) Support (X) Counsel Fees (X) Costs and Expenses 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by her attorney, Marianne E. Rudebusch, Esquire. 3. The statutory ground(s) for divorce (is/are): 3301(c) 4. Check the applicable paragraph(s): () The action is not contested. () An agreement has been reached with respect to the following claims: (x) The action is contested with respect to the following claims: r? Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses ,14, 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one days. 7. Additional information, if any, relevant to the motion: Date: ` -/? --b k Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 AND NOW, , 2008, Esquire, is appointed Master with respect to the following claims: Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses BY THE COURT: Distribution: I Marianne E. Rudebusch, Esquire, 4711 Locust Lane, Harrisburg, PA 17109 Margaret M. Simok, Esquire, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 n ? co q L GJ r 0 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff DORIS E. REED, Plaintiff V. HOWARD R. REED, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3475 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AMENDED INCOME AND EXPENSE STATEMENT UNDER RULE 1920.31 I hereby file the Statement of Income and Expenses required under Rule 1920.31 and verify that the information therein contained is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unsworn falsification to authorities. Date: -p?' d ZS Doris E. Reed INCOME AND EXPENSE STATEMENT Employer: Address: Type of Work: Payroll Number: Pay Period (weekly, bi-weekly, etc): Gross Pay Per Pay Period: Itemized Payroll Deductions: Federal Withholding Social Security Local Wage Tax State Income Tax Unemployment Medicare Tax Retirement (401 k) Savings Bonds Credit Union Life Insurance Health Insurance Long Term Disability Net Pay Per Pay Period: Other Income: OF DORIS E. REED Monthly YY Interest - CD & Bonds Dividends Pension Annuity Social Security Rents Royalties Expense Account Unemployment Compensaion $61.00 $732.00 $887.00 $10,644.00 Workmen's Comp. Gifts Spoual Support Teamster's Pension (from previous marriage) TOTAL EXPENSES HOME: Mortgage/Rent Maintenance & Lawn Utilities: Electric Gas Oil Sewer Telephone Cell Phone Water Refuse City EMPLOYMENT: Public Transportation Lunch TAXES: Real Estate Personal Property INSURANCE: Homeowners Automobile(s) Life $798.00 $154.00 $1,900.00 Monthly $550.00 $60.00 $30.00 $0.00 $64.00 $24.00 $67.00 $9,576.00 $1,848.00 $22,800.00 YfY $0.00 $6,600.00 0 $720.00 $360.00 $0.00 $0.00 $0.00 $768.00 $0.00 $2'88.00 $0.00 $0.00 $0.00 $0.00 $804.00 $0.00 Accident $2.20 $26.40 Health $0.00 Disability $27.48 $329.76 AUTOMOBILES: Payments $254.48 $3,053.76 Fuel (all vehicles) $200.00 $2,400.00 Repairs MEDICAL: $0.00 Doctor $5.00 $60.00 Dentist $16.67 $200.04 Orthodontist $0.00 Hospital $0.00 Medicine $45.68 $548.16 Special Needs (glasses braces, etc.) $0.00 EDUCATION: Private School $0.00 Parochial School $0.00 College $0.00 Religious PERSONAL: $0.00 Clothing $50.00 $600.00 Food $200.00 $2,400.00 Barber/Hair Dresser $15.00 $180.00 Credit Payments $220.00 $2,640.00 Credit Card $65.00 $780.00 Charge Accounts $50.00 $600.00 Memberships LOANS: $0.00 Credit Union $21.73 $260.76 Line of Credit $0.00 MISCELLANEOUS: Child Care/Babysitting Papers/Books/Magazines Entertainment Pay TV Vacation Gifts Legal Fees Charitable Contributions Child Support Alimony/Spousal Support Tax Preparation Christmas Club TOTAL EXPENSES $0.00 $5.00 $60.00 $80.00 $960.00 $54.95 $659.40 $85.00 $1,020.00 $87.50 $1.050.00 $125.00 $1,500.00 $8.50 $102.00 $0.00 $0.00 $12.50 $150.00 $40.00 $480.00 $1,826.69 $29,600.28 DORIS E. QED' : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-3475 HOWARD R. REED, :CIVIL ACTION - LA Defendant : IN DIVORCE W CERTIFICATE F SERVICE AND NOW, this 4" . day of Secretary to Marianne E. Rudebus 2008' I, Katherine A. Frey, ch, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a co United States mail, first class g copy of the same in the Postage prepaid, at Harrisburg, Pennsylvania, to the following addressee: Law Offices of Maria Cognetti Margaret M. Simok, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Attorney for Defendant By: K Frey w mom ? ti' Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff DORIS E. REED, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3475 HOWARD R. REED ;CIVIL ACTION -LAW Defendant : IN DIVORCE PRAECIPE TO ADD COUNT TO DIVORCE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please add a Claim for Equitable Distribution under Section 3502 ofthe Divorce Code to the Complaint in Divorce that was filed on July 8, 2005 in reference to the above captioned matter. Respectfully Submitted, Dated: 7- 02-0 8 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 a o ,, -? °??- r 4 4 it- -4 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one days. 7. Additional information, if any, relevant to the motion: Date:-n2 -b Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 AND NOW, 2008, ? • ? ??! , -?-, Esquire, is appointed M Ater th respect to the following claims: Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses Distribution: BY TH T: Y Gv?? J. Marianne E. Rudebusch, Esquire, 4711 Locust Lane, Harrisburg, PA 17109, Margaret M. Simok, Esquire, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 7-aP-Q?` Th Mg Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff DORIS E. REED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3475 HOWARD R. REED, : CIVIL ACTION - LAW Defendant : IN DIVORCE MOTION TO REVOKE THE APPOINTMENT OF SPECIAL MASTER AND NOW, comes the Plaintiff, Doris E. Reed, by and through her attorney, Marianne E. Rudebusch, Esquire, and respectfully requests the Court to revoke the appointment of E. Robert Elicker, II, Esquire, Master, for the reasons hereinafter set forth: 1. On July 8, 2008, E. Robert Elicker, II, Esquire was appointed by the Court to serve as Master in the above captioned divorce action. 2. An agreement has been reached between the parties, settling all economic claims pertaining to the divorce action. 3. Margaret M. Simok, Esquire, attorney for Defendant, concurs with this Motion. WHEREFORE, Plaintiffrespectfully requests that this Court revoke the appointment of E. Robert Elicker, II, Esquire as Master in this matter. Respectfully Submitted, Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: q - (? - g DORIS E. REED, Plaintiff V. HOWARD R. REED, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3475 : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this _ day of 2008, I, Katherine A. Frey, Secretary to Marianne E. Rudebusch, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, at Harrisburg, Pennsylvania, to the following addressee: Law Offices of Maria Cognetti Margaret M. Simok, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Attorney for Defendant 67 By: Katherine A. Frey - c? N ?C rl I- _, - SEP 2 3 2008 c Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff DORIS E. REED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3475 HOWARD R. REED, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER OF COURT AND NOW, this 2q day of , 2008, upon consideration of the attached Motion to Revoke the Appointment of Special Master, it is hereby ORDERED and DECREED that the appointment of E. Robert Elicker, II, Esquire, as Special Master is hereby revoked. Distribution 'anne E. Rudebusch, Esq., 4711 Locust Lane, Hbg., PA, 17109 "'Margaret M. Simok, Esquire, 210 Grandview Ave., Camp Hill, PA 17011 P 9/a9p 3 b Cl) C-i CL AA LLJ Q Q:7 " G? r ? V . J DORIS E. REED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA r °T1 V. : NO. 05-3475 HOWARD R. REED, : CIVIL ACTION - LAW ?p Defendant : IN DIVORCE .?, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 8, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: Doris E. Reed DORIS E. REED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3475 `' --a HOWARD R. REED, : CIVIL ACTION - LAW ,,r-- Defendant : IN DIVORCE 3- :K A Y " WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 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. Date: - 7 /r our A Doris E. Reed THE 1^011 JUN -9 PM 12:22 'UMBERLAND UOU?1 i .:_. PENNSYLVp? ,N!A DORIS E. REED, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HOWARD R. REED, Defendant DOCKET NO. 05-3475 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 8, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the 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. Date: 3 c [ __. . HOWARD R. REED C{LED-D- I??. THE PF'D ! PC:fJf- X r"t 2,911 JUN -9 PM 12: 22 PENNSMAH DORIS E. REED, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HOWARD R. REED, Defendant DOCKET NO. 05-3475 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in 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 Decree in Divorce 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 unswom falsification to authorities. Date: -- l HOW R. REED L E 0 7?'?Lrj F,'!!- -r- ? :11 E i i" 0) 3 e t 1f . L ?jf MARRIAGE SETTLEMENT AGREEMENT E 16 A1, ILI. r'j THIS AGREEMENT is made and entered into between I( and DORIS E. REED, hereinafter referred to as Husband and Wife. The parties were married on August 15, 1992 and there are no children born of their marriage. As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, support, and all other rights and obligations arising out of the marriage relationship. It is therefore agreed: 1. CONSIDERATION The consideration for this Agreement is the mutual promises and agreement herein contained. 2. SEPARATION AND NONINTERFERENCE A. It will be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. B. Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither shall bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASE Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. 4. FULL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this Agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of the sources and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this agreement. Wife represents that she was represented by Marianne E. Rudebusch, Esquire in reaching this Agreement, and Husband represents that he was represented by Margaret M. Simok, Esquire, in reaching this Agreement. Both parties represent that the terms of this Agreement have been fully explained to them by their respective counsel. 2 5. EQUITABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 6. SUBSEQUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the parties hereto and each of the 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 contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions 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 waives any and all possible claims that this 3 Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do 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. B. ENTRY AS PART OF DECREE - It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 4 7. DIVISION OF PERSONAL PROPERTY Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 8. DIVISION OF MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: Husband: Vehicles in his possession Wife: Vehicles in her possession The titles to the said motor vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided, on the date of execution of this Agreement or at any time thereafter at the request of either party, prior to the entry of a Decree in Divorce. 9. DISPOSITION OF PROPERTY From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in 5 their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 10. DIVISION OF REAL PROPERTY Husband and Wife hereby agree and acknowledge that Husband is the deeded owner of the following properties: 106 Mountain View Drive Enola, PA 17025 201 Wayne Avenue E. Pennsboro, PA 2311 Port St. Lucie St. Lucie, FL Wife hereby agrees to convey all her right, title and interest in said properties to Husband. Wife agrees to execute a deed(s) or other instruments of conveyancing necessary to effectuate this transfer at the time of payment to her of $90,000.00 as her share of the increase in value in these properties. Payment to Wife by Husband shall be made in full within sixty (60) days of the date of the execution of this Agreement. The parties acknowledge that there are existing mortgages against these properties 6 held by Sovereign Bank (Mountain View Drive and Wayne Street), in the approximate amounts of fifty thousand, $50,000, and five thousand $5,000, respectively. Husband shall assume total liability for the mortgages. Husband shall hold Wife harmless and indemnify her from liability for these obligations and other obligations arising from these properties. 11. PAYMENT OF SPECIFIED OBLIGATIONS The parties agree that the following constitute joint marital obligations which shall be paid by the following person: A. WIFE - All debt in her name alone B. HUSBAND - All debt in his name alone 12. LEGAL FEES Each party shall pay his or her own attorneys fees. 13. ALIMONY Husband is paying to Wife $798.00 per month in spousal support pursuant to an Order of Court of Common Pleas of Cumberland County, Pennsylvania, docketed at 0810-S-2007, PACSES No. 654109501. Such spousal support shall terminate upon payment to Wife by Husband under the terms of paragraph 10. Division of Real Property of this Agreement. In the event that Wife receives payment from Domestic Relations beyond what is contemplated in this agreement she shall return to husband within seven days of receipt of such monies. Husband shall provide health insurance to Wife at his expense until she reaches the age of eligibility for Medicare benefits. He may do so either by providing such insurance through his employer or via coverage under COBRA. In the event that either party dies, Wife remarries or cohabits as defined under 23 PA C.S.A. § 3706 of the Divorce Code or desires to finalize the divorce prior to reaching the age of eligibility for Medicare, Husband's obligations to Wife for health insurance coverage shall terminate. In the event that Husband desires to finalize the divorce prior to Wife reaching the age of eligibility for Medicare coverage, he is obligated to provide health insurance coverage for her under COBRA, at his cost, until she reaches the age of eligibility for Medicare coverage. 14. PENSION PROGRAM Each party hereto shall maintain sole ownership over his or her individual pension plan, profit sharing or similar retirement plan acquired individually or as the result of contributions by his or her employer. Wife hereby releases any interest that she has in the retirement benefits of Husband accumulated as the result of his employment by Federal Government employer and any other additional benefits he may have accrued. Husband hereby releases any interest that he has in the retirement benefits of Wife accumulated as the result of her employment by Washington Group International, and any other additional benefits she may have accrued. This waiver is a full and complete discharge of each parties' marital claim. s 15. MISCELLANEOUS All assets including, but not limited to, savings accounts, checking accounts, certificates of deposit and life insurance policies shall be the sole and separate property of the title holder of said asset. The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 9 16. GENERAL PROVISIONS A. WARRANTY AS TO EXISTING OBLIGATIONS - 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 every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, 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 may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. SEVERABILITY - If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 10 D. OTHER DOCUMENTATION - Wife and Husband 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 effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. E. 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. F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver of any of the terms hereof 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. G. MUTUAL COOPERATION - Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. H. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 1. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 11 J. NO WAIVER OF DEFAULT - This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. ADDRESS OF PARTIES - Each party shall at all times keep the other informed of his or her place of residence, and shall promptly notify the other of any change, giving the address of the new place of residence. This provision remains effective until all obligations under the terms of paragraph 13. Alimon , of this Agreement have been fulfilled. M. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in 12 intestacy, right to take against the will of other, and right to act as administrator or executor of the other's estate, and each party will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. N. ATTORNEY'S FEES FOR ENFORCEMENT - In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all reasonable attorneys' fees, court costs, and expenses incurred by the other party in enforcing the Agreement. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have 2008, at Harrisburg, signed and sealed this Agreement on the t day of 5 Pennsylvania. ,the presen r` ITNESS WITNESS Howard R. Reed (SEAL) Doris E. Reed 13 0 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff FILED-OFFICE 07 THE PR0!'!410N0j TAR`( fi I I JUN 16 AM 10: r ` UMBERLA D C0 UN" "c'41SYLV 111 A DORIS E. REED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3475 HOWARD R. REED, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE Marianne E. Rudebusch, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 14th day of July 2005, she did serve upon, Howard R. Reed, Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending a copy by First Class Mail, postage pre-paid, certified/ restricted delivery to the Defendant. The "green card" is attached to this Affidavit of Service. Said copy of the Complaint was duly endorsed with notice to Defendant to appear and answer within twenty (20) days from the date of service or the matter would proceed without him. B , y: ?• Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Sworn to and subscribed before me this day of , 2011. Public -.-___ YKMNE A. FW NOTARr gA Mn r comz-t DES SE TE BER C2?fl{I291 • Complete Items 1, 2, and 3. Also complete Mm 4 If ReaMcted Del" is desired. ¦ Pft your name and address on the reverse so #W we can retum the card to you. ¦ Aftch this card to the tack of the mailpiece, or on the front if space permits. A. ? Agent 1. Article Addressed to: Howard R. Reed 106 Mountain View Drive B. by (Prtr?ted C. Date Delnraepo W "?+ 1 T ? Yee D. 'Is deNvery addre;b, K YES. =deli ; ? No Enola, PA 17025 a ?^ -r p" )iCwffad Mail ? E? W l ? PA9WW d ? Retum Receipt for MerdwOss ? Insured 4. 2' MArIfte wnferfrom stir 7004 1350 0000 0391 1789 r from PS Form 3811, February 2004 Domestic Return Receipt 102596.02-M-15W 4 It Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff 11 JUG 16 AM 10' U FENS Y! Vjb'N DORIS E. REED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3475 HOWARD R. REED, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified/Restricted Delivery: July 14, 2005. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, 6/7/11 ; by Defendant, 6/3/11 . (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (2) Date of filing and service of the affidavit upon the respondent: N/A. 4. Related claims pending: All outstanding claims were settled pursuant to the Marriage Settlement Agreement executed bye parties on September 5, 2008. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: N/A. (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 619111 Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 6/9/11 F By: r Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Attorney for Plaintiff Dated: (0 - 0 DORIS E. REED V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOWARD R. REED NO. 05-3475 DIVORCE DECREE AND NOW, -So v1 t 11 lb , it is ordered and decreed that DORIS E. REED , plaintiff, and HOWARD R. REED , defendant, are divorced from the bonds of matrimony. 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.") The attached Marriage Settlement Agreement dated September 5, 2008, is hereby incorporated, but not merged with this Divorce Decree. By the Court, Attest: J. -EL 4VDa1 6 D &1&241 rothonot 6 • ?? • /? Ce(? Copy nailed 1v AY?j Robee e C40pj ?va/e ?vSCti 1 e .