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HomeMy WebLinkAbout07-5059h TONYA S. STONEROAD, IN THE COURT OF COMMON PLEAS PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA RAY E. STONEROAD, JR., DEFENDANT :CIVIL ACTION -DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may procee~ without you and a decree of divorce or annulment maybe 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, Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISIUN OF PROPERTY, LAWYER'! 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americ, with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing of business before the Court. ( J SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire [D #09617 James R. Demmel, Esquire ID #90918 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Ismigel i~sasllp,ccrm idemmel usasltp.cinn Attorneys for Plaintiff TONYA S. STONEROAD, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. ©7 - Sd S 9 ~ ~i,~.~ RAY E. STONEROAD, JR., DEFENDANT CIVIL ACTION -DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, TONYA S. STONEROAD, by her attorneys, SMIGEL, ANDERSON & SACKS, and represents as follows: COUNTI DIVORCE UNDER SECTION 3301(cl OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is TONYA S. STONEROAD, who currently resides at 72 Hillside Circle, Camp Hill, Cumberland County, Pennsylvania, 17011 and has resided there since on or about 1999. 2. Plaintiffs Social Security No. is 210-54-8089. 3. Defendant is RAY E. STONEROAD, JR., who currently resides at 224 South 17th Street, Apt. 2, Harrisburg, Dauphin County, Pennsylvania, 17104 and has resided there since on or about July 21, 2007. 4. Defendant's Social Security No. is 201-64-9577. 5. Both 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. 6. The Plaintiff and Defendant were married on November 25, 2001, at Jamaica. 7. There have been no prior actions of divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff avers that there are no children of the parties under the age of 18. SMIGEL, ON ACKS, LLP Date: August 23, 2007 By: LeRoy Smig squire I.D. #09617 James R. Demmel, Esq. I.D. #90918 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff VERIFICATION I verify that the statements made in the foregoing document 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. 1- ~~~ Date: TONY S. STONEROAD c7 ~ U ~ ?" ~ '~ r ~ ~ ~ ~ ~ l~ N w ~ ~ '~ ~~ 4 ~ ~ `` ~ ~ _. ~ ~~ r ~ lll l- ~ro t --. .: ~ ' W ~' W y -` ~i W !'1 J ! -+ ~ W ~ ~ ` W tt7 -~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TONYA S. STOIVEROAD Plaintiff Vs File No. _Q~-J~J~` RAY E. SI~oAD, JR. ~ IN DIVORCE Defendant NOTICE TO RESUME PRIOR S~J Notice is hereby given that the PlaintiffX~Cin the above matter, [select one by maiidng "x"] x prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of ToNYA S • MASSm ,and gives this written notice avowing his /her intention pursuant a provisions of 54 P.S. 704, Date: ~S Z3 0 ~NYA S. S~ Si of nam eing resumed TONYA S. MASSER COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ~,t1PHn~l On the 23 day of August , 200? , before me, tko-Prelkt-riotary,o;<-the notary public, personally appearod the above affiaat lmown to me to be the person whose name is subscribed to the within documFnt and aclmowledgod that i~he executed the foregoing for the purpose therein contained. In Witness Whereof, `I have hereunto set my hand hereunto set my hand and official seal. j ~ o Public COM ONWEALTN t~ rlNM~ Notatlel $sd , Vicky L Fliz. Notary Public Sttsqueharu~a TwP•, Dauphin CcxuttY My Commission F~tpires Jan. 6, 2011 Member, Pennsylvania Association of Notaries C ° ca b 7i ~' ~~ r i ~ ~ ~ ~ i i ~ >~ _ ,~ N i"t"tfJ 'C) t +'t ~, w rJ~ ~ ~ a ~ ~= ~ ~ `~~ f+~ ~ „~.. A rn O ~~ 130 State Street, P.O. Box 946 Attorney for Defendant Harrisburg, PA 17108-0946 (717) 236-03141 FAX (717) 236-0791 Email: nawla~mblawfirm.com TONYA S. STONEROAD, 1N THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Luther E. Milspaw, Jr., Esquire Attorney ID No. 19226 vs. RAY E. STONEROAD, Jr., Defendant Docket No. 07-5059 CIVIL ACTION -DIVORCE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Luther E. Milspaw, Jr., Esquire, as counsel for the Defendant in the above-captioned matter. LUTHER E: M PAW, Jr. Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Dated: August 29, 2007 TONYA S. STONEROAD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 07-5059 RAY E. STONEROAD, Jr., CIVIL ACTION -DIVORCE Defendant CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Entry of Appearance upon all counseUparties of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the day of August 2007, addressed as follows: LeRoy Smigel, Esquire Smigel, Anderson & Sacks, LLP 4431 North Front Street, 3`~ Floor Harrisburg, PA 17110-1778 submitted, ~~ L. EBRIGHT, Paralegal Office of Luther E. Milspaw, Jr. 130 State Street P.O. Box 946 Harrisburg, PA 171 G8-0946 (717) 236-3141 ~ ~ O ~ ~ `~ 'tY ~~~ t ~ ± .. C .1 ~ Cey ~ ~. ~ t.: '~.> ..~ -'I'1 . ~j ~ ~~ . r` S-t'1 °-C ~ --C SMIGEL, ANDERSON ~[ SACKS, LLP LeRoy Smigel, Esquire ID #09617 James R. Demmel, Esquire ID #90918 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717)234-2401 lsmigzl,~ sasl..}~,~nm d~ emrnel a-sasllp.com Attorneys for Plaintiff TONYA S. STONEROAD, PLAINTIFF v. RAY E. STONEROAD, JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.07-5059 CIVIL TERM CIVIL ACTION -DIVORCE CERTIFICATE OF SERVICE I, LeRoy Smigel, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of the Complaint in Divorce on Defendant by depositing same in the U.S. Mail on August 24, 2007, postage prepaid for first class mail, certified, return receipt requested and restricted delivery addressed as follows: RAY E. STONEROAD, JR. 224 SOUTH 17~ STREET, APT. 2 HARRISBURG, PA 17104 Defendant signed for said Complaint in Divorce on August 30, 2007, as evidenced by the return receipt card attached hereto. Date: September 4, 2007 SMIGEL, ANDERSON & SACKS, LLP By: LeRoy S >< 1, Esquire ID #09617 4431 No ront Street, 3'~ Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff :J Tonya S. Staleroad v. Ray E. SToneroad, Jr. No. 07-5059 Civil Term ~.n 4~r o.~we~- r d..~.d• r ysoureM~ns and iddn.. pn ri. ewes. Ml~: wit oser alum ord b ~r~ou. • doh wls,oMd to ~~ bldc of the e win tlr flellt ~'~apsw P~ ~. lMwM~AKl~e+wrd foe -y~..s ~~.~ s. ~~~ ST R-Q'I' 2 o ~+cb-r 0+1 - ~9 0 ~~~~ 3-~~~i- ca~~~T ~' ""~"~"~°'~ 7005 1~rD D002 3026 4A50 M41~1ir1~wn~ - - siert (':> -~a c~ C.~ " ~ ~..a C"°^ ~7 y . ~-~..,. ~~ _., 'i - d't7 ~ ~. # ^r~, ~.~ C` ° ~ '' TONYA S. STONEROAD, PLAINTIFF v. RAY E. STONEROAD, JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.07-5059 CNIL TERM CIVIL ACTION -DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have served the foregoing Notice of Oral Deposition upon counsel for Defendant by depositing same in the U.S. Mail, postage prepaid for first class, on July 3, 2008, addressed as follows: LUTHER E. MILSPAW, JR., ESQUIRE 130 STATE STREET P.O. BOX 946 HARRISBURG, PA 17108 SMIGEL, ANDERSON & SACS LLP Date: July 3, 2008 By: L y igel, Esquire ID #09617 3 es . Demmel, Esquire ID #90918 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff ~ ° G. ~~ c a 'r, ~~: G ~ ~~ ~ ~~~~ : . " _, , ` ' - - , -- ti ~„ ..- ~ =~ . `y.~ ,; . ~~ c~ SMIGEL, ANDERSON & SACKS LeRoy Smigel, Esquire ID #09617 James R. Demmel, Esquire [D #90918 4431 Nortb Front Street Harrisburg, PA 17110-1778 (717)234-2401 Ismi eg_I<<z sasllp.com jdemmel!c~i,~sasllp.com Attorneys for Plaintiff TONYA S. STONEROAD, PLAINTIFF v. RAY E. STONEROAD, JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5059 CIVIL TERM CIVIL ACTION -DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~'~ Date: ~ a 3~ O g TONY S. STONEROAD, Plaintiff C"; rv ~- .. , , ~ ~~ ,~~ t ~: t-r ; ~ ~ ~' `:7 ;, ::~ `~ :-~ ~'-~ ~.. _:,~ ,. -~ SMIGEL, ANDERSON & SACKS LeRoy Smigel, Esquire ID #09617 James R. Demmel, Esquire [D #90918 4431 North Front Street Harrisburg, PA 17110-1778 (717)234-2401 Ismi~(dsasllp.com jdemmel!ii~sasllp.com Attorneys for Plaintiff TONYA S. STONEROAD, IN THE COURT OF COMMON PLEAS PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-5059 CIVIL TERM RAY E. STONEROAD, JR., : DEFENDANT :CIVIL ACTION -DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on August 23, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Z 3! O TONY S. S ON ROAD, Plaintiff `-~' ~ ` _ - c_ ~ -rw s fi :: ...,,,, r ~ ' y a-= ' L' r ; "s f "" ~ t" 'i -t - .. ~. TONYA S. STONEROAD, IN THE COURT OF COMMON PLEAS Plaintiff CU~VIBI/RLAND COUNTY, PENNSYLVANIA vs. Docket No. 07-5059 RAY E. STONEROAD, Jr., CIVIL ACTION -DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 23, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ~~ ~ ~~ ~' Ray . Stoneroad, Jr. rv `w° n~1 -r Z''" . a ~ l~"! ..~ ;,,~ MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this ~~i ~-'~ day of ~ ; t l~ ~ ,--,~ (t .~_ z _,,~ , 2008, by and between Tonya S. Masser, formerly known as Tonya S. Stoneroad ("Wife"), -AND -Ray E. Stoneroad, Jr. ("Husband"), at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife having been married on November 25, 2001, in the country of Jamaica; WHEREAS, no children were born of this marriage; 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 desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the foregoing premises 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, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 07-5059. The parties agree that they will execute Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree in the aforementioned matter simultaneously with the signing of this Agreement. Thereafter, counsel for Wife shall file a Praecipe to Transmit Record and obtain a divorce decree. Z. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Husband's Property. The following property shall become the sole and exclusive property of Husband: 1) All right, title and interest in Ray's Custom Finish, Inc., subject to all existing liens associated with that entity; 2) All right, title and interest in Husband's partnership interest in Erb Stoneroad Properties, including any and all real property owned by the partnership, subject to all existing liens associated with that entity; 3) All right, title and interest in the property and lot situated at 2 1500 Walnut Street, Harrisburg, PA, subject to the provisions of Paragraph 3 of this Agreement; 4) All right, title and interest in any and all motor vehicles titled in Husband's name or the name of any business entity in which Husband has any interest, subject to all existing liens associated with those vehicles; 5) All right, title and interest in any and all bank accounts owned in Husband's name or the name of any business entity in which Husband has any interest; 6) All right, title and interest in Husband's New York Life Insurance policy, including the entire cash value of that policy; 7) All right, title and interest in Husband's Members First IRA #906; 8) All right, title and interest in any and all tangible and intangible personal property in Husband's possession or control, subject to all existing liens associated with that property. B. Wife's Property. The following property shall become the sole and exclusive property of Wife: 1) All right, title and interest in the property and lot situated at 72 Hillside Circle, Camp Hill, PA, subject to the existing liens associated with that property; 2) All right, title and interest in any and all motor vehicle titled in Wife's name, subject to all existing liens associated with that vehicle; 3 3) All right, title and interest in Wife's New York Life Insurance policy, including the entire cash value of that policy; 4) All right, title and interest in Wife's Members First IR.A; 5) All right, title and interest in Wife's Smigel, Anderson & Sacks 401(k) account administered by Principal Financial; 6) All right, title and interest in the $400 refund from Richcreek Vacation Center. Husband shall endorse the check simultaneously with signing this Agreement and return the check to Wife's counsel with the executed Agreements; 7) All right, title and interest in any and all tangible and intangible personal property in Wife's possession or control, subject to all existing liens associated with that property. 3. 1500 Walnut Street. The parties acknowledge that they are the owners of the property and lot situate at 1500 Walnut Street, Harrisburg, PA (hereinafter "1500 Walnut Street"). Husband shall become the sole and exclusive owner of 1500 Walnut Street and shall be permitted to take any action with respect thereto that he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and/or interest she may have in and to 1500 Walnut Street. Wife shall, upon the date of this agreement at Husband's request, execute a deed transferring all of her right, title and interest in 1500 Walnut Street to Husband, which deed has been prepared by Husband's counsel and held in escrow by Husband's counsel until such time as Husband refinances the existing mortgage into Husband's sole name or otherwise obtains Wife's release from same; thereafter the deed will be released 4 from escrow for recording. Wife agrees that as of the date of the divorce, any and all title policies and any other policies of insurance with respect to 1500 Walnut Street shall be endorsed to reflect Husband as the sole owner thereof and further agrees that Husband shall be entitled to receive any payments now or hereafter due under such insurance policies. Husband shall refinance the existing mortgage on 1500 Walnut Street into Husband's sole name or otherwise obtain Wife's release from that obligation on or before June 1, 2009. If Husband is unable to refinance or otherwise obtain Wife's release from that obligation on or before June 1, 2009, then 1500 Walnut Street shall be listed for sale with Gary Forsyth as the listing agent, or with another mutually agreeable listing agent if Mr. Forsyth is unavailable or unwilling to list the property, on or before June 15, 2009, at a price of $60,000.00 and shall continue to be listed for sale until it is sold. The parties shall accept any bona fide offer from a qualified buyer(s) that is at least 90% of the listing price. The costs associated with the sale and any tax consequences shall be Husband's sole responsibility. All proceeds from the sale of 1500 Walnut Street shall be first applied to the unpaid principal of the existing mortgage. If the proceeds from the sale are insufficient to satisfy the existing mortgage, Husband shall be solely and exclusively responsible to satisfy the remaining balance of the mortgage. Commencing on the execution date of this Agreement, Husband shall be solely and exclusively responsible for all costs, expenses and liabilities associated with or attributable to 1500 Walnut Street, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance -and repairs. Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in 1500 Walnut Street. If Husband refuses to indemnify Wife for any such expenses, Wife is entitled to recover from Husband all reasonable costs, expenses and legal fees incurred in enforcing Husband's duty to pay the expenses. If, during the time that Wife is still considered by any mortgage holder to be a responsible party for any obligations related to 1500 Walnut Street, Husband fails to make the regularly scheduled mortgage payments for a period of thirty (30) days, then 1500 Walnut Street shall be listed for sale to satisfy the outstanding debt. If the mortgage obligation becomes thirty (30) days past due, Husband shall notify Wife within five (5) days of that fact in writing and provide documentation showing the total amount due and the date and amount of the last payment made. Within ten (10) days of Wife receiving that notice, the parties shall list 1500 Walnut Street for sale according to the terms specified above in this Paragraph 3. 4. Taxes. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, arising from a joint return, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 5. Additional Documentation. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid 6 division of property. 6. Transfers Subiect to Existing Liens. Notwithstanding any other provisions in this document, all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 7. Representations and Warranties. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 8. Equitable Division. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not 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 or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 9. Relinquishment of Rights. Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or hereafter have in any tangible or intangible assets now belonging to Husband. 10. After-Acquired Property. Each of the parties shall hereafter own and enjoy 7 independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, 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. 11. Debts. Except as otherwise specified herein, Husband and Wife shall each be solely responsible for all debts in their respective names, including but not limited to personal loans, charge accounts and credit cards. Both parties represent and warrant to the other that as of the date of this Agreement they have not incurred, and in the future will not contract or incur, any debt or liability for which the other or the estate of the other might be responsible. 12. Liabilities. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all reasonable costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all reasonable expenses, legal costs, and counsel fees unless provided to the contrary herein. 13. Counsel Fees, Costs and Expenses. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation andlor the dissolution of their marriage. 14. Alimon . In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or similar marital rights. 15. Full Disclosure. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real andlor personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. lb. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or 9 under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 17. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or maybe liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, reasonable counsel fees and other reasonable costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 18. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any. and all prior agreements and negotiations between them. There are 10 no representations or warranties other than those expressly set forth herein. 19. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and 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. 20. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as maybe available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 21. Execution of Documents. Each party shall on demand execute any other documents that maybe necessary or advisable to carry out the provisions of this Agreement. 22. Modification. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 23. Severabilitv. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall 11 nevertheless survive and continue in full force and effect without being impaired or invalidated m any way. 24. Auplicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25. Non-Merger. This Agreement shall not merge with any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ./"°/ ~ i 3~ on a S. Masser aka Tonya S. Stoneroad f/ Ray toneroad, Jr. ~' • f/ 12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . ss. Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, TONYA S. MASSER, also known as TONYA S. STONEROAD, who being duly sworn according to law deposes and says that she is a party of the foregoing Agreement and she executed same for the purposes therein contained. Witness my hand and seal this ~ ~ ~~ COMMONWEALTH OF PENNSYLVANIA day of ~~-'~''~-~~- , 2008. ~- Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Nota!ial Seal Vicky L. Fit, Notary Public Susquehanna Tvvk., Dauphin County My Cornmis:;ion sx~+~s Jan. 6, 2011 Mamber, Pennstilea;Y.~ Association of Notarias COUNTY OF DAUPHIN . ss. Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, RAY E. STONEROAD, JR., who being duly sworn according to law deposes and says that he is a party of the foregoing Agreement and he executed same for the purposes therein contained. Witness my hand and seal this ~ / s ~ day of ~f,~~_ C ~_ rx fy e. r~ , 2008. '~~ ~ ~. ~ tary Public TAl1A ~ E~IpONT 1Nyry rMNa My Commission Expires: l ~/l l l/ r~-- ilA11M~IM~ t~1K W111NNN Og11AY QwNMwiw OM f1. iN: 13 ~ ` G. a ~, c~~ ~ -n i ., ~ ~ ~ _ ..._. ~'z . Ctt t -, ry7 --__ -- .~6 '~' ~ > -'; w iy . .~ `- SMIGEL, ANDERSON & SACKS LeRoy Smigel, Esquire ID #09617 James R. Demmel, Esquire ID #90918 4431 North Front Street Harrisburg, PA 171 ]0-1778 (717)234-2401 Ismi el a?>sasllp.com jdemmel;wsasllp.com Attorneys for Plaintiff TONYA S. STONEROAD, PLAINTIFF v. RAY E. STONEROAD, JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5059 CIVIL TERM CIVIL ACTION -DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: 8/30/07; certified mail, return receipt. 3. (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff on 12/31/08; and by Defendant on 12/26/08. 4. Related claims pending: NONE, r 5. (b) Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: ~ 1 ~' ~ -r-- Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: t ' ~ I © 9 SMIGEL, ANDERSON & SA Date: ~ ~P d q By: ~ V mes R Demmel, Esquire ID #90918 443 orth Front Street, 3~d Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff na ~~ ~R` ~~ ~~ --~ w ~« i'1~ ~ Z »=~.~ ~F~. ` - »r} r -'i ~~ ^~ .. ....M: C:"'§ ~..i :~ K` TONYA S. STONEROAD 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. RAY E. STONEROAD, JR. No. 07-5059 CIVIL TERM DIVORCE DECREE AND NOW, 71Ah~ V ~~~( ~~ ~~9 , it is ordered and decreed that TONYA S. STONEROAD plaintiff, and RAY E. STONEROAD, JR. bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE. It is further ORDERED and DECREED that the Marriage Settlement by reference into this Decree for the purposes of enforcement, but shall NOT be deemed to have been merged with this Decree. By the Court, Attest: J . b Prothonotary ~`i`~+~ -,~~~ ~ ~ ~ ~~„~r ~u, ba ~ Et .~ ~ ~~ .. ~. '~ r ``. ~~~~~ ~~ ,~