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HomeMy WebLinkAbout05-5987 o DORIS E. REYNOLDS, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ~5'.5ff 7 CIVIL TERM DAVID J. REYNOLDS, Defendant : IN LAW - 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 relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, First Floor, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. 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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .. I , DORIS E. REYNOLDS, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.o5"~ .59f'7 CIVIL TERM DAVID J. REYNOLDS, Defendant : IN LAW - DIVORCE COMPLAINT IN DIVORCE AND NOW COMES the Plaintiff, DORIS E. REYNOLDS, by her counsel, William L. Grubb, Esquire, and complains of the Defendant, DAVID J. REYNOLDS as follows: COUNT I COMPLAINT UNDER SECTION 3301 (cl OR 3301 (d) OF THE DIVORCE CODE 1. Plaintiff is Doris E. Reynolds, who currently resides at 1790 Oberlin Road, Middletown, Dauphin County, Pennsylvania, 17057. 2. Defendant is David J. Reynolds, who currently resides at 1790 Oberlin Road, Middletown, Dauphin County, Pennsylvania, 17057. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing ofthis complaint. 4. Plaintiff and Defendant were married on August 15, 1987, at Girardville, Schuylkill County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither party is in the Armed Services of the United States or its allies. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order dissolving the marriage between the parties. COUNT II EOUITABLE DISTRIBUTION 10. Plaintiff incorporates the allegations of paragraphs one (I) through nine (9) by reference as if set forth at length herein. 11. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of the parties hereto. 12. The Plaintiff and the Defendant have been unable, as of the date of this complaint, to agree as to an equitable division of said property. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property Respectfully submitted, Date: ~( 0& ~;&:Lhf~. LD. # 72661 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Plaintiff VERIFICATION I, Doris E. Reynolds, verifY that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. c.s. 9 4904, relating to unsworn falsification to authorities. Date: 4-aj05 f)~ B~e _rJa Dofis E. Reynolds, Pla~ CERTIFICATE OF SERVICE I, WILLIAM L. GRUBB, Esquire, certifY that I have served a copy of the foregoing document on the individual listed below by depositing the same in the United States Mail, Certified, First Class, restricted delivery, postage prepaid, at Carlisle, Pennsylvania: David J. Reynolds 1790 Oberlin Road Middletown, PA 17057 Date: ~ I B( o~ LJ:2~/1W: ~ William L. Grubb, Esquire LD. # 72661 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Plaintiff "- ~ iJ'~ 'V ~ \ \ V', C) ~ \::>' .", <--..~ ('I ~ ~~ ~ \5. '-.) ~ ." ~ .~ ~ :~ \~ \) ~. v~ ~ ~, - 9-.J ,.J .....,. -- '- -- lS;-- \.JJ VJ Si ...... "'" ~ ~ (C ~ .~'"J ;..:.;, ::1 r'n ,-'~ C') -'J r-:-? c,) _.l .----- L DORIS E. REYNOLDS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5987 CIVIL TERM DAVID J. REYNOLDS, Defendant : IN LAW - DIVORCE PROOF OF SERVICE BY MAIL I hereby certifY that a true and correct copy of the Complaint In Divorce filed in the above matter, was served on DAVID J. REYNOLDS, by prepaid, first class, certified mail, return receipt requested, deliver to addressee only, at 1790 Oberlin Road, Middletown, P A, 17057, on November 18,2005. Addressee acknowledged receipt of the same on November 19, 2005, as shown by the return receipt card attached hereto as Exhibit "A". I verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date:rUert... 2\, ax,S J~, illiam L. Grubb, Esquire LD. 72661 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 ~ . Complete Items 1, 2, end 3. .A1so complete Ilem 4 ff Restricted Delivery Is desired. . Print your neme and eddress on the reverse III the! we can return the cerd to you. . Attach this cerd to the back. of the mllllplece, ... on the front ff space permits. . 1. Article Addressed to: -PAv, 0 '3'. l<q'( \Vo <.. (> ~ L -"7 q 0 Obe-e LLN 'ReM MioQ\e\"ow^'t fA r?o'S0 3. ServIce Type Jii!-~_ eExpressMan e Registered (!t_ fIoooipt for More_ e Insured Mall e C.O.D. 4~ ,~J.:~ ~ (Extra Fee) Jiil Vel 2. Article Number (lhlnsfer from service label) PS Form 3811, Februery 2004 7003 2260 0002 1615 5921 Domestic Return R~ ,"' i t02595-Q2oM.1M Exhibit "A" (': c ;:.~ ""t)..; Q]LL ~l~' C:i;)> f',: i~~.7 (.J ~'l ; r",,) '-.C. -):':-' .-'-, " ':.() J"""r-- j'" ~./ ~ DORIS E. REYNOLDS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5987 CIVIL TERM DAVID J. REYNOLDS, Defendant : IN LAW - DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING Doris E. Reynolds, being duly sworn according to law, deposes and says: I. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of Pa. C.S. 94904, relating to unsworn falsification to authorities. ), L)" l e/).L') L.c ,(." '/'L,;tV~ Doris E. Reynolds, Plaintiff Date: '.~ .,>.' ') --;j '- ~ i',-, c /--- DORIS E. REYNOLDS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5987 CIVIL TERM DAVID J. REYNOLDS, Defendant : IN LAW - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 18, 2005. 2. The marriage of the 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 in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: _jJ_p!~f, c~ , -n (/') :.-.:1 ~-r~~ ,~ &-,.... C-', DORIS E. REYNOLDS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5987 CIVIL TERM DAVID J. REYNOLDS, Defendant : IN LAW - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODe 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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. s4904 relating to unsworn falsification to authorities. Dated: ~J31/06 , f 0dtw EeArrzi!12 D6ris E. Reynold~, Plaintiff '-" c-, DORIS E. REYNOLDS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5987 CIVIL TERM DAVID J. REYNOLDS, Defendant : IN LAW - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330 1 (c) of the Divorce Code was filed on November 18, 2005. 2. The marriage of the 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 in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: c;-j-a,6 f)~ David J. ./ (:::)..... J.:- (y", DORIS E. REYNOLDS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5987 CIVIL TERM DAVID J. REYNOLDS, Defendant : IN LAW - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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. 94904 relating to unsworn falsification to authorities. Dated: 0/ - / -0 {;; David J. 'i-1 c....} ..--i :.":-,,. J,:.- C' ~ 65- 5'187 MARRIAGE SETTLEMENT AGREEMENT ? ~ 4 THIS AGREEMENT is made this 0 l day of ~G"J.)"\2006, by and between Doris E. Reynolds, of Middletown, Dauphin County, Pennsylvania, hereinafter referred to as "Wife", -AND- David J. Reynolds, of Middletown, Dauphin County, Pennsylvania, hereinafter referred to as "Husband", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 15, 1987 at Girardville, Schuylkill County, Pennsylvania; and WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they now live separate and apart from one another, the parties being estranged due to such marital difficulties; and WHEREAS, the parties hereto are desirous of compromising and settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship, inter alia past, present or future spousal support or maintenance, alimony pendente lite, alimony, counsel fees and expenses, and equitable distribution, whether or not the parties reside together; and WHEREAS, the parties have made full disclosure to each other of their assets and liabilities and have agreed on a settlement of all property rights and differences existing between them; and WHEREAS, the parties intend this Agreement to be a full and complete Marriage Settlement Agreement, providing for the absolute and final settlement of all their respective marital and property and all other claims. NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. SEPARATION: It shall be lawful for each party, at all times hereinafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or control by the other, as full 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 to 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 peaceful existence, separate and apart from the other. The foregoing provision shall not be an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their separation. A reconciliation will not void the provisions of this agreement. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or 2 revision thereof shall alter, amend or vary any term or this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall be incorporated in but shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, shall be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Other wise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. Transfer of property, funds and/or documents shall occur on the effective date unless otherwise specified herein. 3. AGREEMENT NOT A BAR TO DIVORCE: This Agreement shall not be considered to affect or bar the right of either party to a divorce on lawful grounds as may be now or hereafter available to either party. This Agreement is not intended to be and shall not be a condonation on the part of either party of any act or acts of either party hereto. Both parties hereto agree that the marriage is irretrievably broken and agree at the time of execution hereof to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301 (c) of the Divorce Code. Each party waives the right to request Court ordered counseling. 4. DEBTS AND OBLIGATIONS: Each party hereto represents and warrants that he or she has not, and in the future will not, contract or incur any 3 debt, obligation or liability for which the other party or his or her estate may be responsible or liable, except as provided for in this Agreement. Each party hereto agrees to be solely responsible for the prompt and timely payment of the debts now or hereafter incurred in his or her name and specifically any debts secured by any automobile, motor vehicle or other property distributed to her or him hereunder. Each party hereto agrees to indemnify and hold harmless the other from any and all claims, debts, obligations or demands made against him or her by reason of debts or obligations incurred by him or her or identified to be paid by him or her in this Agreement. 5. MUTUAL RELEASES: Husband and Wife hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, or whatever nature and wherever situate, which he or she not has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities or such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country; or any rights which either party may now have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under the Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any 4 kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed by each party that this Agreement constitutes a full and final resolution and settlement of all claims of any kind, and especially any claims arising under the Pennsylvania Divorce Code, which either party may have against the other. 6. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY: The parties hereto agree that they have effected a mutually satisfactory division of the furniture, household furnishings, appliances and other personal property and motor vehicles between them and neither party will make any claim to any personal property now in the possession or control of the other except as herein provided. Husband hereby releases and relinquishes any right, title or interest he may have had in the past or now has in the property in Wife's possession or control. Wife agrees that Husband shall, from and after the date hereof, be the sole and separate owner of all personal property in Husband's possession or control. Wife hereby releases and relinquishes any right, title or interest she may have had in the past or now has in the property in Husband's possession or control. Husband agrees that Wife shall, from and after the date hereof, be the sole and separate owner of all personal property in Wife's possession or control. 7. REAL PROPERTY. The real property at 1790 Oberlin Road, Middletown, Pennsylvania, Dauphin County, Pennsylvania, shall be sold with the net proceeds being distributed so that Husband will receive Thirteen Thousand Dollars ($13,000.00) and the remaining net proceeds shall be divided equally between Husband and Wife. In the alternative, should Husband desire to retain the house as part of the equitable distribution of the marital assets, he may refinance the house in his own name and payoff the existing first and second mortgage obligations against 5 the property, and pay to Wife the sum Sixty-Two Thousand Five Hundred Dollars ($62,500.00) at the time of settlement. Should Husband desire to retain the house, the refinancing must be completed by October 15, 2006, or the parties will list the house for sale with Wayne Scott of Coldwell Banker HSG. In the event that Husband does successfully refinance, Wife shall retain the right of occupancy and to continue to peacefully reside in the property until no later than November 6, 2006, and in which event Wife will pay to Husband one-half of his monthly mortgage payment, including taxes and insurance, prorata for the period of time in which she continues in residence. Wife agrees to execute a Deed conveying said property to Husband, contemporaneously with the refinancing of the property and the receipt of payment as stated above. 8. PENSIONS AND RETIREMENT ACCOUNTS: The parties hereto waive any and all interest or claims which either may have in any individual retirement accounts, 401 (k) accounts, Keogh accounts, IRA accounts and existing pensions or similar accounts of the other, as well as any claim or interest to or in any social security account or benefits. 9. STOCK OR BROKERAGE ACCOUNTS: The parties jointly own a mutual fund which will be divided such that Husband will receive Eighteen Thousand Dollars ($18,000.00), Wife will receive Seven Thousand Dollars ($7,000.00), and the balance will be divided equally between the parties. 10. SAVINGS BONDS: The parties are the owners of various savings bonds acquired at various times. The parties agree that Husband will retain all savings bonds in his name and all savings bonds purchased through January 1, 1988. The remaining savings bonds will be divided equally between the parties. 6 11. ALIMONY: Each party waives, releases and gives up any claim, now or in the future, for any spousal support, alimony, alimony pendente lite, or maintenance from the other. 12. CHILD SUPPORT: Husband agrees to pay to Wife a sum no less than Two Hundred Dollars ($200.00) each month for the support of their child, such sum being independent of his work status or income. 13. BANK ACCOUNTS: Husband and Wife each acknowledge that they each own or possess certain bank accounts in their respective names. They hereby agree that each shall become sole owner of their respective bank accounts and each hereby waives any interest in or claim to any funds held by the other in such accounts. Any savings or checking accounts held in both names at the time of separation which are currently under wife's control and possession shall become the property of Wife. 14. MOTOR VEHICLES: With respect to motor vehicles owned or leased by Husband and Wife, both of the parties agree that the vehicle in the possession of and customarily used by each party shall remain the sole and exclusive property of that party. Each party shall be solely responsible for any debt secured by any vehicle held as his or her property. Each party shall be solely responsible for any lease payments or penalties owing or associated with any vehicle held in his or her possession, and shall indemnify and hold harmless the other party from the same. Each party shall be solely responsible for any insurance and any other costs, including license, for each motor vehicle held as his or her property or in his or her possession. 15. COUNSEL FEES: Each party individually covenants and agrees that he or she will individually assume the full and sole responsibility for all other legal expenses for his or her attorney, if any, and Court costs in connection with the 7 pending divorce action and shall make no claim against the other for such costs or fees except as set forth in this paragraph. 16. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, WILLIAM L. GRUBB, ESQUIRE and Husband by ELIZABETH A. HOFFMAN, ESQUIRE. Husband and Wife each covenants that he or she has made a full financial disclosure to the other of his or her respective property, holdings and income. Husband and Wife each acknowledge that each fully understands the facts of this agreement and has been fully informed as to her or his legal rights and obligations and each party acknowledges and accepts that this Agreement, in the circumstances, is fair and equitable and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 17. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments, deeds, titles or documents that may be reasonably required to give full force and effect to the provisions of this Agreement, including all papers necessary to transfer title. 18. AFTER-ACQUIRED PROPERTY: Each party shall hereafter independently own all property, real, personal or mixed, tangible or intangible, of any kind, acquired by him or her, with full power to dispose of the same in all respects and for all purposes, as though he or she were unmarried. 19. TAX CONSEQUENCES: By this Agreement, the parties have intended to effectuate and by this Agreement have equally divided their marital property. The parties have determined that such equal division conforms to a right and just standard with regard to the rights of each party. The division of 8 .. existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 20. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of the Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the 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. 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. 22. 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. 23. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 24. 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 terminate any further payments required to the other hereunder or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible of payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 9 : 25. DISCLOSURE OF FINANCES: Each party hereto confirms that he or she has relied on the completeness and substantial accuracy of financial disclosures of the other as an inducement to enter into the Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither has filed and Inventory and Appraisment as required by Section 3505(b) of the Pennsylvania Divorce Code. The rights of either party to pursue a claim for equitable distribution of any interest owned by the other party in an asset prior to the date of execution hereof which interest was not disclosed or known by the other party or his or her counsel prior to the execution of this Agreement is expressly reserved. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal effect of this Agreement or cause any new marital rights or obligations to accrue. 28. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 29. VOID CLAUSES: 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 10 : from this Agreement, and, in all other respects, this Agreement shall be valid and continue in full force, effect and operation. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: ~j1.~ HUSBAND: ~~J~e~~ LJ-L tbW- WIFE: fk, ;: I~} Doris E. R ynolds 11 . .- , , . ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this the .3' 'is. of If..) ,--:>~"\ , 2006, before me, the undersigned officer, personally appeared Doris E. Reynolds, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. -L~ll~ ~tJl l.OMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL WilliAM l, GRUBB, Notary Public lower Allen Twp., Cumberland County My Commission Expires Aug. 13, 2009 Notary Public ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF ~D 14 U PH I Ai On this the /$ of\. ~ 2006, before me, the undersigned officer, personally appear d David J. Reynolds, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. ary Public COMMONWEALTH OF PENNS1...V,<.\!'.lIA Notarial Seal .. L~n AeIshe~ Eslrid1er. Notary Public aty Of Hanisbu'D, Dauphin County My Commission Exp/res Nov. 8. 2007 Member. Pennsylverj~ .l'~~"d(l'i',., (,f ~l(:!arie:' 12 C) ,,~"- , . ..:.".",.-" r"} -f1 :~ In (I" +;- (1 :< DORIS E. REYNOLDS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5987 CIVIL TERM DAVID J. REYNOLDS, Defendant : IN LAW - DIVORCE PRAECIPE TO TRANSMIT RECORD 10 the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under ~3301 (c)of the Divorce Code. 2. Date and manner of service of the complaint: 11/19/2005, US mail, certified, restricted delivery, return receipt, postage prepaid 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by ~3301 (c) of the Divorce Code: by Plaintiff August 31, 2006 by Defendant Sept. 1, 2006 4. Related claims pending: NONE 5. Complete either (a) or (b). (b) Date plaintiff's Waiver of Notice in ~3301 (c) was filed with the Prothonotary: Sept. 14, 2006 Date defendant's Waiver of Notice in ~3301 (c) was filed with the Prothonotary: Sept. 14, 2006 Dat~. bC2~4.. ~e~(Jl,~ - William L. Grubb, Esq. I.D. 72661 3803 Gettysburg Road Camp Hill, PA 17011 Attorney for the Plaintiff (717) 763-5580 r-:> C~., c::'':':} cr- .....,.". JC'<',...... C:.~l ..,:;-::.: \ N ''') 11 ..4 --r -n i~;~) ~~~; G\ ~~.;ci \~~\ ~~ ::< ~ '~R <'.-'1 U) ;f.;f. ;f.;f.;f.;f.if. if. if. if. if. if. if. ;f. :tl :tl :tl if. :tl :tl :tl :tl :tl :tl if. if. IN THE COURT OF COMMON PLEAS C'F CUMBERLAND COUNTY STPTE OF PENNA. No. 05 - 5987 DORIS E. REYNOLDS~ Plaintiff VERSUS II II DAVID J. REYNOLDS, Defendant DECREE IN DIVORCE j>'4- AND NOW, j/ il lie:- .. V" , Z4o{, , IT IS ORDERED AND Doris E, Reynolds DECREED THAT , PLAI NTI FF, David J. Reynolds AND DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRI MONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marriage Settlement Agreement entered into by the p~rties on August 31. 2006. shall be incorporated but not merged into this Decree. ou;L ATTE,~ "' J. PROTHONOTARY :tlff.ff. ff.:tl:tlff.ff.ff.ff.ff.ff.ff.ff.ff.ff.ff.ff.ff.ififf.ifi:tl ififf.ififf.ff.ff.ififf.ff.ififf.ff.ff.ff.ff.ififf.ff.ff.ff.if.ff. ff.ff. ~Jr '7~~/I.. 1d )1-1/ ~ Jr ?-~ 4,/,;'JNl 1tl"J/ ,I! .\. .. ,.'