HomeMy WebLinkAbout02-2010MARK ALLEN REED,
PLAINTIFF
¥$.
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
· NO
STACY MARIE REED, : CIVIL ACTION - LAW
DEFENDANT : ACTION FOR DIVORCE / CUSTODY
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 bc entered against you for any other claim or relief requested in these papers by the plaintiff.
You may lose money or property or other rights important to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S
FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE
THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle PA 17013
(717) 249-3166
1-800-990-9108
MARK ALLEN REED,
PLAINTIFF
STACY MARIE REED,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: d~ -Rolo
: NO. CML TERM
:
: CIVIl, ACTION - LAW
: ACTION FOR DIVORCE / CUSTODY
COMPLAINT FOR NO-FAULT DIVORCE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, MARK ALLEN REED, by and through his counsel,
Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the
following consolidated complaint in divorce for divorce and custody.
1. Plaintiff is MARK ALLEN REED, an adult individual, who currently resides at
877 Old Silver Spring Road, Meehanicsburg, Cumberland County, Pennsylvania, 17055. The
Plaintiff has resided in Cumberland County for over one (1) year.
2. Defendant is STACY MARIE REED, an adult individual, who currently resides
at 40 Village Court, Mechanicsburg, Cumberland County, Penn.~lvania, 17050.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six (6) months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defenda~tt were lawfully married on September 9, 1999.
5. There have been no prior actions of divorce or for annulment between the parties
except this Complaint filed for divorce.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised of the availability of counseling and of the right to
request that the court require the parties to participate in counseling. Plaintiff has chosen not to
engage in, or to request any counseling.
Neither Plaintiff nor Defendant was a member of the United States Military
Services.
9.
Plaintiff and Defendant have one (1) child from their marriage, TYI,ER ALLEN
REED, bom August 10, 1999.
10.
thereto.
11.
COUNT I - REQUEST FOR NO-FAULT DIVORCE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
Paragraphs 1 through 9 of this Complaint are incorporated herein by reference
After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff
intends to file an Affidavit consenting to the divorce. Plaintiffbelieves Defendant may also file
such an affidavit.
WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90)
days have elapsed from the date of filing of this Complaint, Plaintiff, MARK ALLEN REED,
respectfully requests the court to enter a Decree of Divorce pursuant to Section 3301(c) of the
Divorce Code.
COUNT II - REQUEST FOR CONFIRMATION OF CUSTODY
UNDER SECTIONS 3104(a)(2) and 3323(b) OF THE DIVORCE CODE
Paragraphs 1 through 11 of this Complaint are incorporated herein by reference
12.
thereto.
13.
The parties are the parents of the following unemancipated child who resides with
the Plaintiff and Defendant:
NAME AGE SEX DATE OF BIRTH
TYLER ALLEN REED 2 Years Male August 10, 1999
14. During the past five (5) years the child has resided with the parties and at the
addresses herein indicated:
WITH WHOM
Plaintiff and Defendant
Plaintiff
Defendant
ADDRESS
877 Old Silver Spring Road
Mechanicsburg, PA
877 Old Silver Spring Road
Mechanicsburg, PA
40 Village Court
Mechanicsburg, PA
FROM / TO
Birth to June, 2001
June, 2001 to Present
June, 2001 to Present
15. Plaintiff has not participated in any other litigation concerning the child in this or
any other state.
16. There are no other proceedings pending involving custody of the child in this or
any other state.
17. Plaintiff knows of no person not a party to these proceedings who has physical
custody of the child or who claims to have custody, partial custody or visitation rights with
respect to the child.
18. The best interests of the child will be served if both Plaintiff and Defendant have
Shared Legal and Physical Custody of their child.
WHEREFORE, Plaintiff, MARK ALLEN REED, respectfully requests that, pursuant
to Sections 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order confirming
Shared Legal and Physical Custody with Plaintiff, MARK ALLEN REED, and Defendant,
STACY MARIE REED, of the parties' minor child, TYLER ALLEN REED.
Respeclfully submitted,
Dated: April~, 2002
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Susan Kay Cal~ll~, Esquire
Counsel for Plaintiff
PA I.D. tt 64998-~
5021 East Trindle Road
Suitel00
Mechanicsburg PA 17050
(717) 796-1930
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document are tree
and correct to the best of his knowledge, information, and belief. This verification is made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
DATED: t-I -..2 ~ - 02_
MARK ALLEN REED
MARK ALLEN REED :
PLAINTIFF :
:
V.
: 02-2010
.:
STACY MARIE REED
DEFENDANT : IN CUSTODY
:
ORDER OF COURT
AND NOW, Wednesday, May 01, 2002
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Meehaniesburg, PA 17055 on Wednesday, May 22, 2002 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/
Dawn S. Sunday, Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabihtes Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any heating or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
............ ~fqO
MARK ALLEN REED,
PLAINTIFF
IrS.
STACY MARIE REED,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
:
: NO. 02-2010 CIVIL TERM
:
: CIVIL ACTION - LAW
: ACTION FOR DIVORCE / CUSTODY
ACCEPTANCE OF SERVICE
TO THE PROTHONOTARY:
I hereby accept service of the Complaint for No-Fault Divorce Under Section 3301(c) of
the Divorce Code and the Wednesday, May 1, 2002 Order of Court scheduling the Pre-Hearing
Custody Conference for Wednesday, May 22, 2002 at 8:30 a.m., in the above matter.
Dated: Mayt~)/-~, 2002
Respectfully submitted,
MAY 8 200Z
MARK A. REED,
VS.
STACY M. REED,
Plaintiff
Defendant
:IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-2010 CIVIL ACTION LAW
:
:
: IN CUSTODY
ORDER OF COURT
AND NOW, this 21st day of May, 2002, the Conciliator, having been advised by
Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby
relinquishes jurisdiction. The Conciliation Conference scheduled for May 22, 2002 is canceled.
FOR THE COURT,
Dawn S. Sunday, Esquire
Custody Conciliator
MARK ALLEN REED,
PLAINTIFF
VS.
STACY MARIE REED,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 02-2010 CIVIL TERM
: CIVIL ACTION - LAW
: CUSTODY
STIPULATION FOR AGREED ORDER OF CUSTODY
The Plaintiff (hereinafter sometimes referred to as "Father") is MARK ALLEN REED,
who currently resides at 877 Old Silver Spring Road, Mechanicsburg, Cumberland County,
Pennsylvania, 17055.
The Defendant (hereinafter sometimes referred to as "Mother") is STACY MARIE
REED, who currently resides at 40 Village Court, Mechanicsburg, Cumberland County,
Pennsylvania, 17050.
TYLER ALLEN REED (hereinafter sometimes referred to as "Tyler"), born on August
10, 1999, is the subject of this Stipulation for Agreed Order of Custody and is the natural child of
the Plalntiffand Defend_~nt.
It is Plaintiff and Defendant's belief that it is in the best interests of their minor child to
have a meaningful ongoing relationship with both his natural Mother and natural Father,
provided the child is in a safe environment.
WHEREFORE, Plaintiff, MARK ALLEN REED, and Defendant, STACY MARIE
REED, have entered into a mutual agreement regarding the custody of their child and
respectfully request this Honorable Court to enter the following Order:
1. Plaintiff and Defendant shall share Legal Custody (as defined in 23 Pa.C.S.A.
Section 5302) of their minor child, TYLER ALLEN REED.
2. All decisions affecting their child's growth and development including, but not
limited to: choice of camp, if any; choice of day care provider; medical and dental treatment;
psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential
litigation involving their child, directly or as beneficiary, other than custody litigation; education,
both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be
considered major decisions and shall be made by Father and Mother, jointly, after discussion and
consultation with each other and with a view towards obtaining and following a harmonious
policy in their child's best interest.
3. Mother and Father agree to keep the other informed of the progress of their
child's education and social adjustments. Mother and Father agree not to impair the other's right
to shared legal or physical custody of their child. Mother and Father agree to give support to the
other in the role as parent and to take into account the consensus of the other for the physical and
emotional well-being of their child.
4. While in the presence of their child, neither Mother nor Father shall make or
permit any other person to make, any remarks or do anything which could in any way be
construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of
each parent to uphold the other parent as one whom their child should respect and love.
5. While in the presence of the child, neither Mother nor Father nor any other person
shall dis'cuss terms of custody, legal proceedings, or any other topic, to which it is not in the best
interests of the child to be exposed.
6. It shall be the obligation of each parent to make their child available to the other
in accordance with the physical custody schedule and to encourage their child to participate in
the plan hereby agreed and ordered.
7. Each parent shall have the duty to notify the other of any event or activity that
could reasonably be expected to be of significant concern to the other parent.
8. With regard to any emergency decisions which must be made, the parent with
whom the child is physically residing at the time shall be permitted to make the decision
necessitated by the emergency without consulting the other parent in advance. However, that
parent shall inform the other of the emergency and consult with him or her as soon as possible.
Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical
custody at the time.
9. Mother and Father shall be entitled to complete and full infmmation from any
doctor, dentist, teacher or authority and have copies of any reports given to them as a parent.
Such documents include, but are not limited to, medical reports, academic and school report
cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences
and activities.
10. Neither Mother nor Father shall schedule activities or appointments for their child
which would require their attendance or participation at said activity or appoinh-aent during a
time when their child is scheduled to be in the physical custody of the other parent without that
parent's express prior approval.
11. Mother and Father shall Share Physical Custody of their minor child, TYLER
ALLEN REED, according to the following schedule:
A. Mother and Father shall alternate weeks of visitation with their
son. The exchange of their son shall occur each Monday when the parent who has
custody the previous week takes the child to the child care giver and the parent
who shall begin their week of custody picks the child up at the child care giver. If
for some reason the child care giver is not being used, the parents shall exchange
their son with the party beginning their week of custody picking the child up at
the residence of the party ending their week of custody;
B. Mother and Father shall have the ability to request one to two
(1-2) evening visits with Tyler during the week they do not have custody of Tyler.
This evening visit shall be scheduled with the parent with custody of Tyler a
minimum of twenty-four (24) hours before the requested evening of visitation.
This period of visitation shall begin when the parent leaves work through 8:00
p.m. that same evening. If the parent without custody does not work on the day
they are requesting visitation, they may request the child for the entire day
through 8:00 p.m. that same evening. The parent without custody getting Tyler
for visitation shall be responsible for the transportation of Tyler;
C. The parties shall alternate the following holidays. Holidays shall
begin at 5:00 p.m. the evening of the day before the holiday and extend through
8:00 p.m. the evening of the holiday. Father shall have the even numbered
holidays and Mother the odd numbered holidays in the even numbered years, to
alternate annually thereafter:
l) New Year's Eve and Day, (this holiday shall be determined by the
year in which the New Year's Eve occurs);
2) Easter;
3) Memorial Day;
4) Independence Day (This day may be extended later in the evening to
attend fireworks.);
5) Labor day;
6) Thanksgiving Day.
D. Christmas: Mother and Father shall alternate Christmas with
Mother getting Schedule A in the even numbered years and Father getting
Schedule B in the even numbered years, to alternate annually thereafter.
A. To begin Christmas Eve at 5:00 p.m. through
Christmas Day at 2:00 p.m.
B. To begin Christmas Day at 2:00 p.m. through
December 26 at 8:00 p.m.
E. Father shall have the child on Father's Day and Mother shall have
the child on Mothers Day, from 9:00 a.m. through 8:00 p.m.;
F. Mother and Father shall have the option of requesting one (1) to two
(2) consecutive weeks of vacation during the year with their child providing a
minimum of thirty (30) days' notice of the time requested is given to the other
G. The parties are encouraged to discuss and cooperate with each other
when sharing and making requests for changes in periods of visitation. All
permanent changes in periods of custody from' the those contained in this custody
agreement shall be made in writing and signed by both parties;
H. All holidays, vacations, and specially designated times for visitation
with their child shall supersede the regularly scheduled visitation.
12. Father and Mother agree they will not interfere with telephone calls or any other
form of communication between the party without custody of the child and the child.
13. Mother and Father agree to contact each other in a timely manner to give each
other "Right of First Refusal" for any time when they will not be with Tyler for more than a four
14. Mother and Father agree to share transportation equally, with the party beginning
their period of visitation being responsible to get Tyler, unless transportation is otherwise
specifically stated for that period of visitation.
15. Communication between the parties at the time of the transfer of Tyler shall be
limited to important information about the child. The parties shall not disparage or engage the
other in any arguments at the time of the exchange of the child.
16. Mother and Father agree to be responsible for any ordinary everyday expenses
which occur during their individual custody periods with their child.
17. Mother and Father agree to equally (50/50) share all child care expenses.
18. Father agrees to provide Tyler with health insurance. The parties agree to equally
(50/50) divide all uncovered medical, dental, orthodontia, vision and psychological expenses for
Tyler.
19. The parent with physical custody of the child agrees to keep the other parent fully
aware and informed of any successes, difficulties, activities, emergencies, etc., in which their
child has become involved.
20. Mother and Father agree to provide each other with current information regarding
the day care provider and any other individuals and/or activities when their child is in the care of
an adult other than an activity within their child's school. Mother and Father also agree to have
each other listed as an emergency contact with that adult and/or agency.
21. Neither Mother or Father shall consume any alcoholic beverages, controlled
substances, or prescription drugs, which would interfere with their ability to provide the child
with a safe environment, twenty-four (24) hours prior to and/or during their custody periods with
the child.
22. Mother and Father shall be free to muBjoily agree to alter and/or change the terms
of this agreement. If the alteration and/or agreement is permanent and/or a change which will
occur on numerous occasions, the parties agree the alteration and/or change shall be in writing
and signed by both parents.
DATED:
MARK ALLEN REED
DATED:
[THIS SPACE IS INTENTIONALLY LEFT BLANK.]
COMMONWEALTH OF PENNSYLVANIA :
:
COUNTY OF CLcx~3eq \&~x6~ :
SS:
On this, the e)~~>~ day ofrX ~l~.x~ ,2002, before me, a Notary
Public for the Commonwealth of Pennsylv/thia, ~e undersigned officer, personally appeared
I~[S~RK ALLEN REED known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that he
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have set my hand and notarial seal.
My Commission Expires: (~ c~)~
, Notmy Public
Expires &or. 4, 2005
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF ~ L~Xct~/&xx~ :
SS:
On this, the o33cfi day of ~ ,2002, before me, a Notary
Public for the Commonwealth of Peunsyl~ania,~he undersigned officer, personally appeared
STACY MARIE REED known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have set my hand and notarial seal.
Notary Public 6
My Commission Expires: C~
J__ KJmbedv R: Hanford, Notary Public
! ~ ~mm~alo~ Expires Apr. 4, 2005
MARK ALLEN REED,
PLAINTIFF
STACY MARIE REED,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBEI~!,AND COUNTY,
: PENNSYLVANIA
:
: NO. 02-2010 CIVIL TERM
:
: CML ACTION - LAW
: CUSTODY
ORDER OF COURT
AND NOW, this 9o ' day of <fo-~ ,2002, upon consideration of the ~
I e
attached Stipulation for Agreed Order of Custody, Plaintiff, MARK ALLEN REED, and
Defendant, STACY MARIE REED, shall SHARE LEGAL AND PHYSICAL CUSTODY of
their son, TYLER ALLEN REED, in accordance with the language contained in the within
Stipulation.
BY THE COURT,
MARITAL PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT is entered into this ~ day of
between MARK ALLEN REED and STACY MARIE REED.
,2002, by and
RECITALS
Wife's Birthday and Social Security Number:
November 30, 1978 196-68-9053
Husband's Birthday and Social Security Number:
December t9, 1976 160-68-4300
Date of Marriage:
September 9, 1999
Place of Marriage:
Mechanicsburg, Pennsylvania
Last Marital Residence: 877 Old Silver Spring Road, Mechanicsburg, Pennsylvania, 17055
Date of Separation:
June, 2001
Children:
Tyler Allen Reed, Born August 10, 1999
Pending Court Proceedings: None
Divorce
Court of Common Pleas No. 02-2010 Civil Term
of Cumberland County, Pennsylwmia
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of Wife and Husband to live separate and apart for the rest of
their natural lives, and the parties hereto are desirous of settling: fully and finally their respective
financial and property rights and obligations as between each other including, without limitation:
the ownership and equitable distribution of marital property; the past, present and future support,
and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims
by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the premis, es and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration,
receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart. They
shall be free from any contact, restraint, interference or authority, direct or indirect, by the other
in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit,
conduct, carry on and engage in any business, occupation, profession or employment which to
him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign
each other or the respective families of each other nor compel or attempt to compel the other to
cohabit or dwell by any means whatsoever with him or her.
WAIVER OF RIGHTS AND MUTUAL RELEASES
Except as otherwise expressly provided by this Agreement:
(a) Each party hereby absolutely and unconditionally releases and forever discharges the
other and the estate of the other for all purposes from any and all rights and obligations which
either may have or at any time hereafter have for past, present or future support or maintenance,
alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any
other right or obligation, economic or otherwise, whether arising out of the marital relationship
or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its
supplements and amendments, as well as under any other law of any other jurisdiction, except
and only except all rights, agreements and obligations of whatsoever nature arising or which may
arise under this Agreement or for the breach of any provision thereof. Neither party shalI have
any obligation to the other not expressly set forth herein.
(b) Each party hereby absolutely and unconditionally releases and forever discharges the
other and his or her heirs, executors, administrators, assigns, property and estate from any and all
rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the
parties or otherwise, whether now existing or hereafter arising. The above release shall be
effective regardless of whether such claims arise out of any former or furore acts, contracts,
engagements or liabilities of the other or by way of dower, curtesy, widow's fights, 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. It is expressly understood, however, that neither the provisions of this release nor the
subsequent entry of a divorce decree are intended to defeat the right of either party to receive any
insurance proceeds at the death of the other of which she or he is the named beneficiary (whether
the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the
right of either party to receive any legacy, bequest or residuary portion of the other's estate under
his or her will, or to act as personal representative or executor if so named by the will of the
other, whether such will was executed prior or subsequent to this., Agreement.
2
(c) Except for any cause of action for divorce which either party may have or claim to
have, and except for the obligations of the parties contained in this Agreement and such rights as
are expressly reserved herein, each party gives to the other by the execution of this Agreement an
absolute and unconditional release and discharge from all causes of action, claims, rights or
demands whatsoever, in law or in equity, which either party ever had or now has against the
other.
FINANCIAL DISCLOSURE
The parties have disclosed to each other and they are each aware of the extent of each
other's income, assets, liabilities, holdings and estate.
AGREEMENT TO BE INCORPORATED
BUT NOT MERGED INTO DIVORCE DECREE
In the event that either of the parties shall recover a final judgment or decree of absolute
divorce against the other in a court of competent jurisdiction, the provisions of this Agreement
may be incorporated by reference or in substance but shall not be deemed merged into such
judgment or decree. This agreement shall survive any such final judgment or decree of absolute
divorce, shall be entirely independent thereof, and the p~ties intend that all obligations
contained herein shall retain their contractual nature in any etfforcement proceedings, whether
enforcement is sought in an action on the contract itself or in any enforcement action filed to the
divorce caption.
EFFECT OF DIVORCE DECREE ON AGREEMENT
Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce
Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding
equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be
subject to modification by the court.
Concurrently with the execution of this Agreement, the parties shall sign Affidavits of
Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Husband
shall be responsible for filing these documents and finalizing the divorce.
DATE OF EXECUTION
The "date of execution" or "execution date" of this Agreement shall be defined as the date
upon which it is executed by the parties if they have each executed the Agreement on the same
date. Otherwise, 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.
ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to the
parties by their respective counsel, Susan Kay Candiello, Esquire, for Husband. Wife has been
apprised of her need for counsel and has waived her right to counsel. (Please see Waiver of
Right to Counsel attached hereto and made a part hereof at Exhibit "A".) The parties
acknowledge that each has been advised of their right to obtain independent legal advice from
counsel of their selection and that they haVe been fully informed as to their legal rights and
obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980,
as amended, and other applicable laws. Each party confirms tl~t he or she fully understands the
terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate
and reasonable under the existing circumstances.
VOLUNTARY EXECUTION
Each party understands the terms and conditions of ttds Agreement and acknowledges
that the Agreement is fair and equitable. The parties have reached this Agreement freely and
voluntarily, without any duress, undue influence, collusion or improper or illegal agreements.
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 or any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature.. Notwithstanding this provision,
under applicable Pennsylvania law, the parties understand that any provision of this Agreement
relating to child support or to custody shall be subject to modification by the Court upon a
showing of changed circumstances.
LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
AGREEMENT BINDING ON HEIRS
Except as may otherwise be provided, this Agreement shall be binding and shall inure to
the benefit of the parties hereto and their respective heirs, executors, administrators, successors
and assigns.
INTEGRATION
This Agreement constitutes the entire understanding of' the parties and supersedes any
and all prior agreements and negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
ADDITIONAL INSTRUMENTS
Wife and Husband covenant and agree that they will forthwith (and within at most ten
(10) days after demand therefor) 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.
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 the
waiver of any breach of any provision hereof be construed as a waiver of strict performance of
any other obligations herein.
SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS
The parties agree that each separate obligation cont~dned in this Agreement shall be
deemed to be a separate and independent covenant and agreement. 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 her or his obligations under any
one or more of the paragraphs herein, with the exception of the satisfaction of any conditions
precedent, shall in no way avoid or alter the remaining obligatic,ns of the parties.
MANNER OF GIVING NOTICE
Any notice required by this Agreement to be sent to Withe shall be sent by certified mail,
return receipt requested, to Wife at 40 Village Court, Mechanicsburg, Pennsylvania, 17050, or
such other address as Wife from time to time may designate in writing.
Any notice required by this Agreement to be sent to Husband shall be sent by certified
mail, return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay
Candiello, P.C., 5021 East Trindle Road, Suite 100, Mechanicsburg, Pennsylvania, 17050, or
such other address as Husband from time to time may designate in writing.
HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not constitute a part of this Agreement nor
shall they affect its meaning, construction or effect.
5
BANKRUPTCY OR REORGANIZATION PROCEEDINGS
In the event that either party becomes a debtor in any bankruptcy or financial
reorganization proceedings of any kind while any obligations remain to be performed by that
party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor
spouse hereby waives, releases and relinquishes any fight to claim any exemption (whether
granted under state or federal law) to any property remaining in the debtor as a defense to any
claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns,
transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property
sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys'
fees and costs incurred in the enforcement of this Paragraph or any other provision of this
Agreement. No obligation created by this Agreement shall be discharged or dischargeable,
regardless of federal or state law to the contrary, and each party waives any and all right to assert
that any obligation hereunder is discharged or dischargeable.
EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT
This Agreement shall remain in full force and effect ew~n if the parties reconcile, cohabit
as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and
effect and there shall be no modification or waiver of any of the terms hereof unless the parties,
in writing, signed by both parties, execute a statement declaring this Agreement or any term of
this Agreement to be null and void.
EXISTING AND FUTURE PERSONAL OBLIGATIONS
Further, Wife and Husband each covenant, warrant, represent and agree that neither has
heretofore contracted for any debt, liability or obligation for w]hich the other or the estate of the
other may be responsible or liable except as specifically disclosed and provided for by the terms
of this Agreement. The parties further covenant, warrant, represent and agree that each will now
and at all times hereafter save harmless and indemnify the other and the estate of the other from
all debts, charges and liabilities incurred after the execution date hereof, except as may be
otherwise specifically provided herein, as well as from all debts, liabilities or obligations of
every kind which have been incurred heretofore by either party', including those for necessities,
except for obligations arising out of this Agreement.
ENFORCEMENT
The parties intend that this Agreement shall be subject to enforcement under the
Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein
that may be construed to the contrary, this Agreement is not subj eot to modification except under
such terms as the parties have specifically provided for in this Agreement.
ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS
The parties hereby agree that all of the support and alimony provisions contained in this
Agreement (including both direct and indirect contributions to support and alimony, such as
health care payments and the maintenance of health and/or life insurance) may be enforceable by
an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq.
REMEDIES AND SANCTIONS
In addition to such other remedies and sanctions available under applicable law, the
parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as
amended, to enforce any term of this Agreement as though it had been an order of the Court.
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 attorney's fees incurred by tlhe other party in enforcing the
Agreement, provided that the enforcing party is successful in establishing that a breach has
occurred.
EQUITABLE DISTRIRUTION
1. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge that they have previously divided their
tangible personal property including, but without limitation, jewelry, clothes, furniture,
furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and
other personal property; and hereafter 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 any claims, which either
may have with respect to the above items, which shall hereafter be the sole and exclusive
property of the other.
2. MOTOR VEHICLES
A. The 1994 Ford Explorer is titled in Husband's nan~e only with a loan which is in
Husband's name only. Husband wishes to keep this vehicle. Husband agrees to be solely
responsible for all loans, expenses and insurance for this vehicle. This vehicle shall hereinafter
be the sole and exclusive property of Husband.
B. The 1996 Mitsubishi Eclipse is titled in both Husband and Wife's names. There is a
joint loan for this vehicle with Members First. Within six (6) months from the date of the
execution of this Agreement, Wife agrees to sell this vehicle and pay off the joint loan. Until
Wife has sold the vehicle, Wife agrees to make a payment to Husband each week, in an amount
equal to one-fourth (1/4) of the monthly car payment due on this vehicle. Husband shall then be
responsible for making the monthly car payment on this vehicle.
C. The parties agree to execute any documents necessary to effectuate the provisions of
this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as
necessary to make any conveyances on a tax-free basis if pos.,;ible. The said documents shall be
delivered to the party entitled to receive same pursuant hereto on execution date.
D. In the event that any documents of title to the said 'vehicles shall be in the hands of a
bank or other holder ora lien or encumbrance upon either of the said vehicles, and it is intended
that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they
will advise the bank and/or lienholder as to the transfer of title and they further agree to execute
whatever documents may be required to transfer title where the parties' documents of title are in
the hands of such bank and/or lienholder.
3. BANK ACCOUNTS
The parties had a joint checking account which has been completely used to pay off
household and marital bills.
The parties agree that they will execute any documents necessary to effectuate the
provisions of this Paragraph on execution date.
4. RETIREMENT INTEREST
Neither party has any retirement/pension plan.
5. MARITAL RESIDENCE / DIVISION OF EQUITY
Marital Residence/Value There is little or no equity in the marital residence.
Husband has decided to remain in thc marital residence. Wife has already left the marital
residence. The marital residence is deeded in both Husband and Wife's names. There is a
mortgage on the marital residence in both Husband and Wife's names.
Husband shall obtain a release to remove Wife's name l~rom the mortgage. Wife agrees
to sign all documents necessary to accomplish this. Husband agrees to be fully responsible for
all expenses, costs, insurance, mortgage payments, taxes, liens, and any other expenses related to
or connected with the marital residence.
Husband's attorney will draft a Deed to the marital residence transferring Wife's interest
in the marital residence solely to Husband. Wife will execute this Deed at the time of the
execution of this Agreement.
6. JOINT DEBTS AND LIABILITIES
The parties have agreed to assume all debt, expenses, insurance costs associated with
their individual vehicles. Wife has agreed to sell her vehicle to pay off the loan for the vehicle in
full.
Husband will obtain a release removing Wife's name from the mortgage on the marital
residence and assume full responsibility for all mortgage payments, loans, liens, taxes, expenses,
fees and costs associated with the marital residence.
The parties have separated their individual and joint credit card accounts. The parties
have agreed to assume full responsibility for each of their individual credit card accounts, if any.
The parties have a joint loan with Members First, which was obtained to consolidate
several debts the parties incurred while married. Husband agrees to assume full responsibility
for this loan.
Wife has incurred some medical debt for her own health care since the parties'
separation. Wife shall assume full responsibility for all debt she has incurred for her health care.
Wife has a cell telephone, which is in Husband's name. Wife does not have the ability to
obtain a cell telephone without Husband co-signing. Husband will agree to continue as the
co-signer for Wife's cell telephone, provided Wife pays the cell telephone bill in a timely and
appropriate manner. When the contract for this cell telephone expires, Husband will no longer
agree to be the co-signer for Wife's cell telephone.
Each party warrants to the other that he/she does not have any credit cards in joint names.
Any obligations incurred by either party in his or her individual name, whether incurred before
or after the parties' separation, and including credit cards, are the sole responsibility of the party
in whose name the debt or obligation was incurred.
7. SEPARATE ASSETS
A. Release: The parties hereby agree that as to each of ltheir separate assets, as that term
is defined herein, the party not having title to or possession of any particular separate asset
hereby waives, releases, relinquishes and forever abandons any and all claim therein, and
acknowledges that hereafter the party having title to or possession of a separate asset is the sole
and exclusive owner thereof.
B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall
be effective only as to those assets disclosed to the other party, although such assets need not be
specifically named or disposed of in this Agreement. Neither party intends by the execution
hereof to release any claim, which he or she may have in assets, which have not been disclosed.
C. Definition: The term "separate asset" is deemed l~or purposes of this Agreement as
designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which
is presently titled either in the sole name ora party hereto or jointly with one of the parties hereto
and a third party or parties. The term also includes any untitled asset which is presently in the
sole possession of one of the parties hereto. The term shall further include any business interests
owned by either party, whether individually or together with a l~hird party or parties.
D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify
and hold the other harmless from any liability, cost or expense, including attorneys' fees and
interest, which either may be in the future or has been previously incurred with respect to the
parties' separate assets as defined herein.
8. AFTER-ACQUIRED PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or right of
the other, all items of property, be they real, personal or mixed, tangible or intangible, which are
acquired by him or her after execution of this Agreement, with full power in him or her to
dispose of the same as fully and effectively, in all respects and for all purposes, as though he or
she were unmarried.
9. WAIVER OF ALIMONY
Husband and Wife do hereby waive, release and give up any rights, which either may
have against the other to receive alimony or other post-divorce maintenance or support. It shall
be, from the execution date of this Agreement, the sole responsibility of each of the respective
parties to sustain himself or herself without seeking any support from the other party.
10. INCOME TAX RETURNS
Husband and Wife have filed joint income tax returns while married. If the parties are
entitled to a refund and/or incur any liability as a result ofjoinl! income tax returns filed during
the parties' marriage, the refund and/or the liability shall be eqtmlly divided between them. The
cost of preparing and handling any prior income tax return from the parties' married years shall
be shared equally between them. Husband and Wife agree to promptly make available to each
other all records and information necessary or helpful for the preparation of any tax returns, any
claim for refunds, and defense of any tax audit.
11. COUNSEL FEES AND EXPENSES
The parties have agreed to equally share all counsel fees and expenses incurred in
obtaining this divorce. Payments by both Husband and Wife shall be made during the ninety
(90) day waiting period for the divorce. The divorce shall not be finalized until the payments
from both Husband and Wife have been paid in full.
10
Each of the parties has carefully read and fully considered this Agreement and aH of
the statements, terms, conditions and provisions thereof prior to signing below.
IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto
have set their hands and seals the day and year first written above, r~ ~
WITNESS
MARK A;LLEN REED
HUSBAND
COMMONWEALTH OF PENNSYLVANIA -
· SS:
COUNTY OF C. o~_x~heq kttx'x ok ·
On this, the c~c& day of ~ ,21)02, before me, a Notary Public
for the Commonwealth of Pennsylvania,°the t~dersigned officer, personally appeared STACY
MARIE REED known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Marital Property Settlement Agreement, and acknowledged that she
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have set my hand and not~al seal·
Notary Public~3
My Commission Expires:
Notarial Seal
M~.R. Hanford, Notary Public
rg Bom_, Cum .l~rland County
ission rr. xpires Apr. 4, 2005
11
COMMONWEALTH OF PENNSYLVANIA ·
COUNTY OF C~3e~/cx~x~ .' SS:
On this, the ~ day of /~ ,21!02, before me, a Notary Public
for the Commonwealth of Pennsylvanid0the u~dersigned officer, personally appeared MARK
ALLEN REEl) known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Marital Property Settlement Agreement, and acknowledged that he
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have set my hand and not~al seal.
Notary Public ~
My Commission Expires:
i Notarial Seal
! I'~mbefly R. Hanford, Notary Public
CumL , , County
! ~-y <,umm~s~on Ex, res .,~pr. 4. 2005
12
MARK ALLEN REED,
PLAINTIFF
vs.
STACY MARIE REED,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLV~NIA
:
: NO. 02-2010 CIVIL TERM
:
: CIVIL ACTION - LAW
: DIVORCE
WAIVER OF RIGHT TO COUNSEL FOR
MARITAL pROPERTY SETTLEMENT AGREEMENT
I, STACY MARIE REED, do hereby acknowledge that I am the Wife in this divorce action·
I have agreed to and executed the attached Marital Property Settlement Agreement voluntarily. I
am not under any duress, nor were there any threats or promises made to me to coerce my execution of
this Agreement.
I fully understand my property rights as Wife in this divorce action are determined by this Marital
Property Settlement Agreement. I agree to fulfill my responsibilities and obligations under this Marital
Property Settlement Agreement.
I have been advised of and do hereby waive my rights to an attomey to represent me on the issue
of the Marital Property Settlement Agreement.
Date:~ ~, ~_ _ ~_.-~ ,2002
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CLL~%~-~Ox~C~
SS:
On this, the c,3~~ day of [X/(c~ ,2002, before me, a Notary Public for the
Commonwealth of Pennsylvania, the undeYsigndd officer, personally appeared STACY MARIE REEl)
known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Waiver of
Right to Counsel for Marital Property Settlement Agreement, and acknowledged that she executed the
same for the purpose therein contained.
IN WITNESS WHEREOF, I have set my hand and notarial seal.
otary¢
My Commission Expires: ~
.J-"~...~ Notarial Seal
I~R~' -Hanf°rd' N°tary Public
~ ~, Cure.nd
~ml~n E~m, ~r. 4, ~5
EXHIBIT "A"
MARK ALLEN REED,
PLAINTIFF
VS.
STACY MARIE REED,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 02-2010 C. IVIL TERM
:
: CIVIL ACTION - LAW
: ACTION FOR', DIVORCE / CUSTODY
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
April 24, 2002.
2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final Decree in Divorce, after the service of notice of
intention to request entry of the decree.
4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution
of marital property, counsel fees or expenses has not been filed with the Court before the entry of
a final Decree in Divorce, the right to claim any of them will be lost.
5. 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. I further
understand that the Court maintains a list of marriage counselors in the Prothonotary's Office,
which list is available to me upon request. 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 verify that the Statements in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unswom falsification to authorities.
/bATE
MARK ALLEN REED
MARK ALLEN REED,
PLAINTIFF
VS.
STACY MARIE REED,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLV/~NIA
NO. 02-2010 C. IVIL TERM
CIVIL ACTION - LAW
: ACTION FOR DIVORCE / CUSTODY
~'N E F NTENT T ~
DV R DE REEUNDER E TI 3 lc~
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 tree and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
DATEr//
MARK ALLEN REED
MARK ALLEN REED,
PLAINTIFF
¥$.
STACY MARIE REED,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 02-2010 CIVIL TERM
: CIVIL ACTION - LAW
: ACTION FOR: DIVORCE / CUSTODY
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
April 24, 2002.
2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final Decree in Divorce, a~'ter the service of notice of
intention to request entry of the decree.
4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution
of marital property, counsel fees or expenses has not been filed with the Court before the entry of
a final Decree in Divorce, the right to claim any of them will be lost.
5. 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. I further
understand that the Court maintains a list of marriage counselors in the Prothonotary's Office,
which list is available to me upon request. Being so advised, I do not request that the Court
require that my spouse and I participate in counseling prior to a ~fivorce decree being handed
down by the Court.
I verify that the Statements in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.. Section 4904, relating to
unswom falsification to authorities.
MARK ALLEN REED,
PLAINTIFF
VS.
STACY MARIE REED,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 02-2010 CIVIL TERM
CIVIL ACTION - LAW
: ACTION FOR DIVORCE / CUSTODY
AI R F TI E F INTE I T RE~
DIVOR E DE REE R E TI lc~
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.
DA~E /~
I verify that the statements made in this affidavit are tree and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unswom falsification to authorities.
MARK ALLEN REED,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: OF CUMBERIAND COUNTY,
: PENNSYLVANIA
vs. : NO. 02-2010 CIVIL TERM
:
STACY MARIE REED, : CIVIL ACTION - LAW
DEFENDANT : ACTION FOR DIVORCE / CUSTODY
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Please 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.
Date and manner of service of Complaint: The Defendant, Stacy Marie Reed, signed
the Acceptance of Service on May 6, 2002. Said ,Acceptance of Service was filed
with the Cumberland County Prothonotary on May 1.4, 2002.
3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the
Divorce Code by:
Plaintiff: February 5, 2003
Defendant: February 5, 2003
4. (a) Related claims pending: None
(b) Claims withdrawn: None
(c) Claims settled by agreement of the parties: All claims
(d) Please see the Marital Property Settlement Agreement which is being filed
simultaneously with this Praecipe to Transmit Record and is to be incorporated
but not merged into the Divorce Decree.
5. I certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree
Under Section 3301(c) of Divorce Code as required by Rule 1920.42(e)(1) was
executed on February 5, 2003 by the Plaintiff and on February 5, 2003 by the
Defendant, and that these documents are being filed simultaneously with this Praecipe
to Transmit Record. I further certify that all other documents required by Rule
1920.42 are enclosed herewith.
Dated: February lO, 2003
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Susan Kay Can ilO, E ui'r -- "-' -
Counsel for Plaintiff]
PA I.D. # 6499~__..,/
5021 East Trindle iRoad
Suite 100
Mechanicsburg PA 17050
(717) 796-1930
IN THE COURT OF COIVllVION
OF CUMBERLAND COUNTY
STATE OF ~' , , PENNA.
PLEAS
P~~
VERSUS
STACY MARIE REED,
DEFENDANT
NO.
02-2010 CIVIL TERM
DECREE iN
DIVORCE
AND NOW,
DECREED THAT
A N d STACY MARIE R.E~)
ArE DIVORCED FROM THE BONDS Of MATRIMONY.
, 2003
, IT IS OrDErED AND
, PLAINTIFF,
_, DEFENDANT,
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;
PROTHONOTARY