HomeMy WebLinkAbout07-2006BEVERLY A. TONER,
Plaintiff
V.
PARK A. TONER, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - c2¢0l CIVIL TERM
CIVIL ACTION-LAW
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth
in the following pages, you must take prompt action. You are warned that if you fail to
do so, the case may proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the 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 Court House,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS 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. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
BEVERLY A. TONER,
Plaintiff
V.
PARK A. TONER, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 100(0 CIVIL TERM
CIVIL ACTION-LAW
DIVORCE COMPLAINT
1. Plaintiff is Beverly A. Toner, an adult individual who currently resides in
Cumberland County and she is represented by Michael A. Scherer, Esquire, O'Brien,
Baric & Scherer, 19 West South Street, Carlisle, Pennsylvania 17013.
2. Defendant is Park A. Toner, Jr., an adult individual who currently resides
at 85 Mountain Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065.
3. Plaintiff and Defendant have been bona fide residents in the
Commonwealth of Pennsylvania for at least six months immediately previous to the
filing of this Complaint.
4. The Plaintiff and Defendant were married on June 20, 1985 in Horry
County, South Carolina.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. The marriage is irretrievably broken.
7. The 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.
8. Plaintiff requests the court to enter a decree of divorce.
WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in
favor of the Plaintiff and against the Defendant.
COUNT II -EQUITABLE DISTRIBUTION
9. Plaintiff hereby incorporates by reference paragraphs 1 through 8 above.
10. The parties have acquired real estate, personal property, including
automobiles, bank accounts and other items of miscellaneous property during the
course of their marriage, some of which is marital property.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a
decree which effects an equitable distribution of marital property.
COUNT III - ALIMONY, ALIMONY PENDENTE LITE,
COUNSEL FEES. COSTS AND EXPENSES
11. Plaintiff hereby incorporates by reference all of the averments in
paragraphs 1 through 10 of this Complaint.
12. Plaintiff has secured counsel but is unable to pay the necessary and
reasonable attorney's fees for said counsel.
13. Plaintiff is unable to sustain herself during the course of this litigation.
WHEREFORE, Plaintiff requests your Honorable Court to enter an award of
alimony pendente lite and to further award such additional counsel fees, costs and
expenses as are deemed appropriate.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Date:
Michael A. Scherer, Esquire
I.D.# 61974
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. § 4904, relating to unsworn falsification to authorities.
Be erly oner
Date: ?/- 1 ` 0
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BEVERLY A. TONER,
Plaintiff
V.
PARK A. TONER, JR.,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - X00 (4 CIVIL TERM
CIVIL ACTION-LAW
PRAECIPE
Kindly waive the filing fees for the Plaintiff in this case because she is unable to
pay those costs. I am representing the Plaintiff pro bono at this time.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Date: d A C'__-30 -7
Michael A. Scherer, squire
I.D. # 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
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BEVERLY A. TONER,
Plaintiff
V.
PARK A. TONER, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 2006 CIVIL TERM
CIVIL ACTION-LAW
AFFIDAVIT OF SERVICE
I hereby certify that on the 1eday of v-*?? , 2007, the United States
Postal Service served upon the defendant, Park A. Toner, Jr., the Divorce Complaint by
Certified Mail as indicated by the Certified Mail Domestic Return Receipt attached
hereto as "Exhibit A:"
DATE: I' lq,oq
pq , G4r
Michael A. Scherer, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
r 'A
A. Signature
X?^a ? Agent
? Addressee
B. Received by (Printed Name) Delivery
C.
D$
D. Is delivery address different from item 1? 'El Yes
If YES, enter delivery address below: ? No
Y I - - 3. Service Type
XCertified mail ? Express Mail
0 Registered O Return Receipt for Merchandise
0 Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) Yes
2. Article Number 7006 2760 0002 7405 3421
(Transfer from service labs
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
? 51'Yl ourr?a,?-n-
YY1o?r> i- 1 ?I I S p?i PA r7
PS Form 3811, February 2004 Domestic Return Receipt
102595-02-M-1540
Exhibit "A"
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BEVERLY A. TONER,
Plaintiff
V.
PARK A. TONER, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 2007-2006 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on April
11, 2007, and service was made on April 16, 2007 by restricted delivery, certified
mail.
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 THE FOREGOING 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: t- q_ Pmlc l7 ?? t kTR
PARK A. TONER, JR., Defendant
OF THE PPCT-;oNOTW?
2669 APR -8 11: 3
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,q 1
BEVERLY A. TONER,
Plaintiff
V.
PARK A. TONER, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2007-2006 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
THE ENTRY OF A DIVORCE DECREE
UNDER 43301(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 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 THE FOREGOING 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: _ pa"Zk /r 1 3-p- i
PARK A. TONER, JR., Defendant
fi -OF iC
OF THE PFFi- "F `,IIIOTARY
2009 APR -t3 Ali 11: 38
cult : E
BEVERLY,A. TONER,
Plaintiff
V.
PARK A. TONER, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 2006 CIVIL TERM
CIVIL ACTION-LAW
PLAINTIFF'S AFFIDAVIT OF CONSENT
AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was
fled on April 11, 2007.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of the filing of the Complaint.
3. 1 consent to the entry of a final decree in divorce without notice.
4. 1 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.
5. 1 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.
6. 1 have been advised of the availability of marriage counseling and
understand that I may request that the court require counseling. I do not request that
the court require counseling.
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. Section 4904 relating to unsworn falsification to authorities.
Date:
Be rly A. oner
OF Il r 1T: ° ? rrl ?iA?Li11
2009 APR 20 P i I; *, ! :.;
dIUIVI ??`•1 l
f .1 f ? .
PROPERTY AND
SEPARATION AGREEMENT
BETWEEN
PARK A. TONER, JR.
AND
BEVERLY A. TONER
GRIFFIE AND ASSOCIATES
200 NORTH HANOVER STREET
CARLISLE, PA 17013
THIS AGREEMENT, made this O?lday of V- 2009 by
and between PARK A. TONER, JR., of 85 Mountain Street, Mt. Holly Springs,
Pennsylvania, party of the first part, hereinafter referred to as "Husband',
AND
BEVERLYA. TONER, of 38 Old Town Road, Mt. Holly Springs, Pennsylvania,
party of the second part, hereinafter referred to as "Wife",
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been married on
June 20, 1985, in Horry County, South Carolina. There were three children of this
marriage, with Cheyenne Lynn Toner, born January 14, 1991, being the only minor.
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,
and the parties hereto are desirous of settling their respective financial rights and
obligations as between each other including the settling of matters between them relating
to the past, present and future support and/or maintenance of Wife by Husband and
Husband by Wife.
WHEREAS, the parties hereto wish finally and for all time to settle and determine
their respective property and other rights growing out of their marital relation; wish to
live separate and apart; and, wish to enter into this property and separation Agreement;
WHEREAS, both and each of the parties hereto have been advised of their legal
rights and the implications of this Agreement and the legal consequences which may and
will ensue from the execution hereof;
WHEREAS, Wife acknowledges that she is thoroughly conversant with and
knows accurately the size, degree, and extent of the estate and income of Husband, and
Husband acknowledges that he is thoroughly conversant with and knows accurately the
size, degree and extent of the estate and income of Wife;
NOW, THEREFORE, in consideration of the mutual promises, covenants and
undertakings hereinafter set forth which are hereby acknowledged by each of the parties
hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree
as follows:
1. ADVICE OF COUNSEL:
The provisions of this Agreement and their legal effect have been fully explained
to the parties by their respective counsel, Hannah Herman-Snyder, Esquire for Husband
and Michael A. Scherer, Esquire for Wife. The parties acknowledge that they have
received independent legal advice from counsel of their selection and that they fully
understand the facts and have been fully informed as to their legal rights and obligations
and they acknowledge and accept that this Agreement is, in the circumstances, fair and
equitable and that it is being entered into freely and voluntarily after having received such
advice and 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 and the parties hereto state that he or she in the
procurement and execution of this Agreement, has not been subjected to any fraud,
concealment, overreaching, imposition, coercion, or other unfair dealing on the part of
the other, or on the part of the other's counsel.
2,. WARRANTY OF DISCLOSURE:
The parties warrant and represent that they have made a full disclosure of all
assets and their valuation prior to the execution of this Agreement. This disclosure was
in the form of an informal exchange of information by the parties' attorneys and/or
parties and this Agreement between the parties is based upon this disclosure.
3. MUTUAL RELEASE:
Husband and Wife each do hereby mutually remise, release, quitclaim, and
forever discharge the other and the estate of such other, for all times to come and for all
purposes whatsoever, of and from any and all right, title and interest, or claims in or
against the property (including income and gain from property hereafter accruing) of the
other or against the estate of such other, of whatever nature and wheresoever situate,
which he or she now 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 of such other as by way of dower or curtesy, or 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 (a) Pennsylvania, (b) any state, commonwealth or territory of the United States,
or (c) any other country, or any rights which either party may 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 this Agreement or for the breach of
any thereof. It is the intention of Husband and Wife to give to each other by execution of
this Agreement a full, complete, and general release with respect to any and all property
of any kind or nature, real or personal, not 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 thereof.
4. PERSONAL RIGHTS AND SEPARATION:
Wife and Husband may and shall, at all times hereafter, live separate and apart.
They shall be free from any control, restraint, interference or authority, direct or indirect,
by the other in all respects as if they were unmarried. They may reside at such place or
places as they may select. 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 or in any manner whatsoever with him or her.
5. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS.
This Agreement shall not be considered to affect or bar the right of Wife or
Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or
shall hereafter exist or to such defense as may be available to either party. This
Agreement is not intended to condone and shall not be deemed to be a condonation on the
part of either party hereto of any act or acts on the part of the other party which have
occasioned the disputes or unhappy differences which have occurred prior to or which
may occur subsequent to the date hereof. The parties intend to secure a mutual consent,
no-fault divorce pursuant to the terms of Section 3301 (c) or (d) of the Divorce Code of
1980.
6. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE:
The parties agree that the terms of this Agreement may be incorporated into any
divorce decree which may be entered with respect to them. Notwithstanding such
incorporation, this Agreement hall not be merged in the decree, but shall survive the same
and shall be binding and conclusive on the parties for all times.
7. 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.
8. PERSONAL PROPERTY:
Husband and Wife do hereby acknowledge that they have previously divided their
tangible personal property, except as set forth herein, 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 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, with full power to him or her to dispose of the same as fully and effectually,
as though he or she were unmarried.
9. BANK ACCOUNTS:
For the mutual promises and covenants contained in this Agreement, Husband and
Wife hereby waive all right, title, claim or interest they may have to equitable distribution
in their respective bank accounts, checking or savings, if any, and each party waives
against the other any duty of accounting for disposition of any jointly held funds. The
parties hereby confirm their prior equal distribution of the contents of their joint accounts
and neither shall hereafter make any claim against the other regarding the same.
10.. MOTOR VEHICLES:
With respect to the motor vehicles owned by one or both parties, the parties agree
as follows::
a. The 1999 Ford Explorer currently in Wife's possession shall remain the
sole and exclusive property of Wife. Husband shall waive any right, title,
and interest he has or may have in said vehicle via the execution of this
Agreement.
b. The 1993 VW Jetta currently in Wife's possession shall remain the sole
and exclusive property of Wife. Husband shall waive any right, title, and
interest he has or may have in said vehicle via the execution of this
Agreement. If the 1993 VW Jetta is no longer in Wife's possession,
Husband waives any right, title, and interest he did have in said vehicle.
C. The 1987 Jeep Cherokee currently in Wife's possession shall remain the
sole and exclusive property of Wife. Husband shall waive any right, title,
and interest he has or may have in said vehicle via the execution of this
Agreement.
d. The 1987 Ford Ranger currently in Husband's possession shall remain the
sole and exclusive property of Husband. Wife shall waive any right, title,
and interest she has or may have in said vehicle by signing over the title to
Husband simultaneously with the execution of this Agreement. Wife shall
also provide the key to said vehicle at the time of execution of this
Agreement.
e. The 1976 Coleman pop-up camper currently in Husband's possession
shall remain the sole and exclusive property of Husband. Wife shall
waive any right, title, and interest she has or may have in said vehicle by
signing over the title to Husband simultaneously with the execution of this
Agreement.
f. The 2003 Honda TRX350FM four-wheeler currently in Husband's
possession shall remain the sole and exclusive property of Husband. Wife
shall waive any right, title, and interest she has or may have in said vehicle
via the execution of this Agreement.
11. AFTER-ACQUIRED PERSONAL PROPERTY:
Each of the parties shall hereafter own and enjoy, independently of any claim or
right of the other, all items of personal property, tangible or intangible, hereafter acquired
by him or her after the parties date of separation, 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.
12. REAL ESTATE:
a. The parties are joint owners of real estate located at 85 Mountain Road,
Mt. Holly Springs, Cumberland County, Pennsylvania. Said property is owned in joint
names as tenants by the entireties.
From the time of execution of this Agreement forward, Husband shall be solely
and exclusively responsible for repayment of the mortgage and will indemnify Wife and
hold her harmless from and against any and all demands for payment or collection
activity of any nature whatsoever.
In addition, Husband shall refinance the mortgage and be responsible for all costs
in any amount sufficient to pay the mortgage in full and thereby remove Wife as an
obligor on said mortgage. At the time of execution of the Agreement, Wife shall execute
a deed conveying her interest in said property, which shall be held by her counsel, and
her counsel shall provide the deed to Husband at the time of the refinance. Wife shall
make no claim of any nature whatsoever relative to any legal or equitable interest in the
aforesaid real estate from the date of execution and delivery of the deed forward.
Husband shall refinance the mortgage within thirty (30) days of the execution of this
Agreement.
b. The parties were joint owners of real estate located at 955 Ridge Road,
Mt. Holly Springs, Mt. Holly Springs, Cumberland County, Pennsylvania. Said property
was sold during the parties' separation and the proceeds from the sale, in the amount of
ONE HUNDRED AND ONE THOUSAND NINE HUNDRED THIRTY-NINE
DOLLARS AND 23/100 ($101,939.23), were deposited in a joint account at Orrstown
Bank, Account Number 108800996, on June 17, 2008, and at the time of execution of
this Agreement, the funds from said account will be disbursed as set forth in Paragraph
Eighteen. (18).
C. The parties are joint owners of real estate identified as Lot 4 on Mountain
Road, Mt. Holly Springs, Pennsylvania. Said property is owned in joint names as tenants
by the entireties, and said property is listed for sale. The parties shall keep the property
listed until such time as it is sold and shall cooperate in any manner necessary in regards
to the sale of said property. The parties further agree to retain a balance of no less than
ONE THOUSAND AND XX/100 DOLLARS ($1,000.00) in the Orrstown Bank account,
Account Number 108800996, at the time the balance of said account is disbursed so as to
pay any and all taxes and insurance necessary until said property sells. If the property
has not sold and the funds being held have been used and taxes and/or insurance are due,
the parties agree to share equally in said cost(s). If there is a balance remaining in the
Orrstown Bank account, Account Number 108800996, at the time of the sale of said
property, said balance shall be equally distributed.
Furthermore, at the time of the sale of said property, the proceeds shall be equally
divided between the parties.
13. PENSION, RETIREMENT PROFIT SHARING:
a.. The parties recognize that Wife has an IRA. For the mutual promises and
covenants contained in this Agreement, Husband hereby waives all right, title, claim and
interest he may have by equitable distribution, or otherwise, in said IRA.
b. The parties recognize that Husband has a 403(b) as a result of his
employment with Church of God Home, Inc. For the mutual promises and covenants
contained to this Agreement, Wife hereby waives all right, title, claim, or interest she
may have by equitable distribution or otherwise in Husband's 403(b).
C. The parties recognize that Husband has two (2) IRAs with AIM
Investments, account numbers 3810430771 and 4040681704. For the mutual promises
and covenants contained to this Agreement, Wife hereby waives all right, title, claim, or
interest she may have by equitable distribution or otherwise in Husband's IRAs.
d. Each party specifically waives any and all rights to pre-retirement death
benefits and survivor benefits under the other's pension or retirement plan(s) and each
acknowledges that the effect of this waiver is that he or she will not be entitled to any
benefits whatsoever from these contracts, plans or accounts if the other dies before or
after reaching retirement age and each agrees and unequivocally consents to the
designation by the other of any alternate or further beneficiaries at any time.
1.4. LIFE INSURANCE:
Each party agrees that the other party shall have sole ownership and possession of
any life insurance policies owned by the other, except as set forth above. Each party
agrees to sign any documents necessary to waive, relinquish, or transfer any rights on
such policies to the respective party who presently owns such policies.
15. DEBTS:
Except as otherwise herein expressly provided, the parties shall and do hereby
mutually remise, release and forever discharge each other from any and all actions, suits,
debts, claims, demands and obligations whatsoever, both in law and in equity, which
either of them ever had, now has, or may hereafter have against the other upon or by
reason of any matter, cause or thing up to the date of the execution of this Agreement.
In the event that either party becomes a debtor in 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 provision of this Agreement,
the debtor spouse hereby waives, releases and relinquishes any right 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 attorney's 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. 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
conditions precedent, shall not in any way void or alter the remaining obligations of
either of the parties.
16. 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.
This Agreement takes into consideration that FIFTEEN THOUSAND
SEVENTY-FIVE DOLLARS AND 75/100 ($15,075.75) was paid from the Orrstown
Bank account, Account Number 108800996, toward debt held in Wife's name alone.
Furthermore, EIGHT THOUSAND FOUR HUNDRED SEVENTY-SIX DOLLARS
AND 77/100 ($8,476.77) was paid towards the parties' expenses after separation,
including real estate taxes, capital gains taxes, and the appraisal for the marital residence.
The Carlisle Pediatrics bill, in the amount of approximately THREE HUNDRED FIFTY
AND XX/100 ($350.00) shall be paid from the Orrstown Bank account, Account Number
108800996, before the funds are disbursed to the parties.
17. 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 fro 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.
18. DISBURSEMENT OF ORRSTOWN BANK ACCOUNT, ACCOUNT
NUMBER 108800996:
Upon execution of the Agreement, from the Orrstown Bank account, F+F+-Y--
nnT rr? r. TnuT uT 1-NDR ED LIETV AND 3?X41 nn DQY T A D C` \_??;,?,) i
shall be disbursed to Wife, and N??-T??,?'`r r?Tnr r? *T TY-
FIV 445.99) shall be disbursed to
Husband. The Carlisle Pediatric bill shall be paid by counsel for Wife, in the amount of
approximately THREE HUNDRED FIFTY AND XX/100 DOLLARS ($350.00). The
remaining proceeds, totaling no less than ONE THOUSAND AND XX/100 DOLLARS
($1,000.00) shall remain in the account until such time as the funds are used toward the
taxes and insurance for Lot 4 or are distributed pursuant to paragraph 12 (c).
19. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, AND
MAINTENANCE:
a. Husband hereby waives any right or claim of any nature whatsoever relative to
alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and
expenses against Wife.
b. Wife hereby waives any right or claim of any nature whatsoever relative to
alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and
expenses against Husband.
20. BANKRUPTCY:
The respective duties, covenants and obligations of each party under this
Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should
discharge a party of accrued obligations to the other, this Agreement shall continue in full
force and effect thereafter as to any duties, covenants and obligations accruing or to be
performed thereafter.
21. DIVORCE:
Wife has commenced an action for divorce from Husband pursuant to Section
3301 (c) of the Pennsylvania Divorce Code (irretrievable breakdown) by the filing of a
Divorce Complaint as the parties have agreed to consent to a divorce. Both parties shall
at the time of execution of this Agreement, sign an Affidavit of Consent and Waiver of
Notice of Intention to Request the Entry of a Divorce Decree evidencing that each of
them consents to the divorce and each shall provide said document to counsel for Wife,
who shall then finalize the divorce. It is further agreed and understood that any Decree of
Divorce issuing in this matter shall reflect the fact that Wife shall bear the cost of same in
her individual capacity.
,a. Each of the parties agree that this Agreement represents a complete and
final agreement as to their respective property rights which arose from the marital
relation and therefore mutually waive any and all rights they may have under Section
3501 (Equitable Distribution) of the Pennsylvania Code, Act No. 1990-206.
b. This Agreement may be offered in evidence in the action for divorce and
may be incorporated by reference in the decree to be granted therein. Notwithstanding
such incorporation, this Agreement shall not be merged in the decree, but shall survive
the same and shall be binding and conclusive on the parties for all time.
22. LEGAL FEES:
In the review and preparation of this Agreement, each party shall bear his/her own
legal fees.
23. REMEDY FOR BREACH:
If either party breaches any provision of this Agreement, the other party shall
have the right, at his or her election, either to sue for damages for such breach, in which
event the breaching party shall be responsible for payment for reasonable legal fees and
costs incurred by the other in enforcing their rights hereunder, or to seek such other
remedies or relief as may be available to him or her.
24. EQUITABLE DISTRIBUTION:
It is specifically understood and agreed that this Agreement constitutes an
equitable distribution of property, both real and personal, which was legally and
beneficially acquired by Husband and Wife or either of them during the marriage as
contemplated by The Act of December 19, 1990 (P.L. No. 1240, No. 206) known as "The
Divorce Code," 23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as
amended.
25. SUMMARY OF EFFECT OF AGREEMENT:
It is specifically understood and agreed by and between the parties hereto, and
each party accepts the provisions herein made in lieu of and in full settlement and
satisfaction of any and all of said parties' rights against the other for any past, present and
future claims on account of support, maintenance, alimony, alimony pendente lite,
counsel fees, costs and expenses, equitable distribution of marital property and any other
claims of each party, including all claims raised by them in the divorce action pending
between the parties.
:26. TAX CONSEQUENCES:
By this agreement, the parties have intended to effectuate and have equitably
divided their marital property. The parties have determined that such equitable division
conforms to a right and just standard with regard to the rights of each party. The division
of existing marital property is not, except as may be otherwise expressly provided herein,
intended by the parties to constitute in any way a sale or exchange of assets and the
division is being effected without the introduction of outside funds of other property not
constituting a part of the marital estate.
27. MUTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT:
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.
28. 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 or this agreement or cause any new marital rights or obligations to accrue.
29. SEVERABILITY:
The parties agree that the separate obligations contained in this Agreement shall
be deemed to be interdependent. If any term, clause, or provision of this Agreement shall
be determined by a court of competent jurisdiction to be invalid or unenforceable, then
the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill
as closely as possible the purpose of the invalid provision. Notwithstanding any release
contained herein, the parties intend that they may reinstate any and all economic claims
to the extent available under the Divorce Code of 1980. Further, any court of competent
jurisdiction may, under the equitable provisions and purposes of the Divorce Code,
reinstate any economic claim which was available at the time of the parties' separation or
avoid any waiver herein contained to renegotiate or effectuate as nearly as possible the
purpose of the unenforceable provision.
30. 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.
31. 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. This Agreement
shall survive integration by any court into any judgment for divorce and shall continue to
have independent legal significance as written contract separate from such judgment for
divorce and may be enforced as an independent contract.
32. EFFECT OF DIVORCE DECREE:
The parties agree that unless otherwise specifically provided herein, this
Agreement shall continue in full force and effect after such time as a final decree in
divorce may be entered with respect to the parties.
33. NOTICES:
Any and all notices given hereunder shall be in writing and shall be sent
registered mail, return receipt requested:
a. To the Husband at 85 Mountain Road, Mt. Holly Springs,
Pennsylvania, 17065.
b. To the Wife, at 38 Old Town Road, Mt. Holly Springs, Pennsylvania,
17065.
34. 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.
35. CAPTIONS:
Tile captions of this Agreement are inserted only as a matter of convenience and
for reference and in no way define, limit or describe the scope and intent of this
Agreement, nor in any way effect this Agreement.
36. AGREEMENT BINDING ON HEIRS:
The Agreement shall be binding and shall inure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors and assigns.
37. LAW OF PENNSYLVANIA APPLICABLE:
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania.
38. SUBSEQUENTLY DISCOVERED PROPERTY PENALTY FOR
NONDISCLOSURE:
Should either of the parties subsequently discover the existence of any marital
property not distributed by this Agreement, said property shall be divided in the same
proportion as this Agreement's equitable distribution of marital property (50150).
However, if the existence of said property was knowingly concealed or its value
misrepresented by one of the parties, said property shall be transferred in its entirety to
the non-concealing party and the concealing party shall pay all costs, fees, and attorney's
fees occasioned by the failure to disclose its existence or true value.
VV WITNESS WHEREOF, the parties have set their hands and seals to two
counterparts of this Agreement, each of which shall constitute an original, the day and
year first above written.
Witness:
Pay rT ??'-??
Park A. Toner, Jr. Seal
-r..-(deal)
Beverly A. over
r
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF CUMBERLAND )
On this, thel day of 2009, before me, a notary
public, the undersigned officer, personally appeared Park A. Toner, Jr., known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument,
and acknowledged that he executed the same for the purposes therein contained.
In Witness Whereof, I hereunto set my hand and notarial seal.
NOWAIAL "
mwtpm
MOMOAIMI,
OM NOW"M IOU S. 9"1
COMMONWEALTH OF PENNSYLVANIA
Not Pub is
i
)
SS.
On this, the day of 412 17 I , 2009, before me, a notary
COUNTY OF C UVK(J e-r f cz- v 0
AL9
public, the undersigned officer, personally appeared Beverly A. Toner, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument,
and acknowledged that she executed the same for the purposes therein contained.
In Witness Whereof, I hereunto set my hand and notarial seal.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notar,ms sn? ___.....--..
Amanda L Bernhjse? _• . `! taiic
Ced.: BOro, P:4Cl:;`F tY
MyCommfsua• a..: •,,.,,:'I.2ot0
Member, °iotades
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F=rot AQ
BEVERLY A. TONER,
Plaintiff
V.
PARK A. TONER, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 2006 CIVIL TERM
CIVIL ACTION-LAW
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: Defendant signed a certified
mailing return receipt card on April 16, 2007.
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 on April 9, 2009; and Defendant on April 7, 2009
B. (1) date of execution of the Plaintiffs Affidavit required by Section
3301(d) of the Divorce Code: N/A
(2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A
4. Related claims pending: None.
5. Indicate date and manner of service of the notice of intention to file praecipe to
transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce
Code: The parties signed Waivers of Notice of Intent to Request Entry of Divorce Decree.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Michael A. Scherer, Esquire
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
T Y
4. ?..3 f ' l i x J
201,019 Ali-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BEVERLY A. TONER
V.
PARK A. TONER, JR. NO. 2007-2006
DIVORCE DECREE
*,T
AND NOW, 0?4 a I , , it is ordered and decreed that
BEVERLY A. TONER , plaintiff, and
PARK A. TONER, JR. , 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 parties Marital Settlement Agreement dated April 6, 2009 is incorporated but
not merged herein as a final Order of Court.
Prothonotary
-V -9d -09
? r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION–LAW
_ r-1
Plaintiff mcu (c--
FILE NO.�
r— ;Q
CD
VS. IN DIVORCE rte'
Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/Defendant in the above matter, having
been granted a Final Decree in Divorce on the day of YT
hereby elects to resume the prior surname of V GE k 6- ,
and gives this written notice pursuant to the provisions of 54 P.S. 704.
DATE:
Signature {
'Zoture of na e eing resumed
COMMONWEALTH OF PENNSYLVANIA .
SS.
COUNTY OF CUMBERLAND
On the ''I day f U 20 � before me a
y � N ,
Notary Public, personally appeared the above affiant known to me to be the person whose name
is subscribed to the within document and acknowledged that he/she executed the foregoing for the
purpose therein contained.
In Witness Whereof,I have hereunto set my hand and official seal.
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