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HomeMy WebLinkAbout04-1726 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PAl 7011 Telephone: (717) 763-1383 Attorneys for Plaintiff BETH N. SCULLY, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA No.04-I1;}foc',vi{ THOMAS C. SCULLY, Defendant CNIL ACTION - LAW IN DNORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney LD. No. 66378 2331 Market Street Camp Hill, P A 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff BETH N. SCULLY, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 I..{ - (7J..r;. THOMAS C. SCULLY, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (1)) OF THE DIVORCE CODE 1. Plaintiff is Beth N. Scully, an adult individual who currently resides at 30 Ringneck Drive, Harrisburg, Dauphin County, Pennsylvania 17112. 2. Defendant is Thomas C. Scully, an adult individual who currently resides at 402 Brookview Court, Mechanicsburg, Cumberland County, Pennsylvania 17050-4614. 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 Defendant were married on September 5, 1992 in State College, Centre County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are no children of this marriage. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing ofthis Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. II. In the alternative, PlaintiffwiII file a 3301(d) Affidavit and provide the appropriate Notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. COUNT I EQUITABLE DISTRIBUTION 12. Paragraphs one (I) through eleven (11) of this Complaint are incorporated herein by reference. 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 14. The parties have acquired marital debt during their marriage. 15. Plaintiff and Defendant may be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. Respectfully submitted, Dated: '1/21/01- By: I antor, Esquire Attorney . , 66378 2331 Market Street Camp Hill, P A 17011 Telephone No. (717) 763-1383 Attorneys for Plaintiff Beth N. Scully VERIFICATION I, Beth N. Scully, verifY that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~ I ~ )100i !2o-nYl. ~~SCULLY 0 ~~. 1t -. E)""' 0\ - --0 <:::> e.<] 50 C<l, "" ~\~-O _ 00 o . . Co '" ~ I:> 0. ., -.... ~ o 'J+- c "\ "-0 .-.0 )l.. ~ ~~ ~~ ~ "\ <'. .~ -+ ':l -~ ?1f -r- ~ ~ '-- ~- @ r--';' , ' , --\ f,) ...."'"' i':' BETHN. SCULLY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-1726 CIVIL THOMAS C. SCULLY, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE, I, Debra Denison, Esquire ofREAGER & ADLER, P.C. do hereby certit'y that I served a certified copy of the Divorce Complaint on the Defendant Thomas C. Scully, by Certified Mail, Restricted Delivery on the 4th day of May, 2004 as is evidenced by the signature of the Defendant on the Return Receipt card attached hereto as Exhibit "A." Said Complaint in Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, first class, Certified Mail, Restricted Delivery, Return Receipt Requested postage prepaid, addressed as follows: Thomas A. Scully 402 Brookview Court Mechanicsburg, P A 17050 Date:') J 10 ILl t/ ~ (~ D Attorne 78. 2331 Market Strel:t Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorney for Plaintiff Beth N. Scully V .LIHIHX:I ~.,-oo-g6Sao~ ld!oooll UJIllOtj "ll1OWO(] ee6~ .Ilnr' ~ ~8f; UUO~ Sd 96~0 6tE2 tOOo 0922 EOOL 88JtI( 1M3 8JlX3} ~.IJoA11O(J p8l:l1llSOtl ., '0'0'0 [J II8Vl pelnsul [J ~Vl JO! ld_H UJMlOH [J pel8",lle~ II8Vl .....dx3 [J II8Vl _~OOplll, od>\J.OO!1IJOS 'E r Q313UllS3H Q9(jLl ~d l<;Jrn::f<;J~l)vp~ enl !rq<X2J<() -COn 'VS',9 bQWO{l ~: ~ :o'possalPPVOlOAJV .~' ON 0 :MOI8Q SS8Jppg AlEM.!I8P JQpJ9 'S3A' II -A [J ~ WOlj_P 11 'PPv 0 IuoIlv [J 0 ......, ~ = C c.:> :s: -""" ~ - : :x ~ :t;_ n,:n -:'" -< -"F;:; :n6 0 --j "'" .., " ~-":':;- -n ::t: ~,:?C) 2jm ~-I ')....". N :D .::- -< {I .. MARRIAGE SETTLEMENT AGREEMENT By and between BETH N. SCULLY -AND- THOMAS C. SCULLY Dated: o ("({',T/ bt" /' 1 ,2004 ,r INDEX PAGE 1. Divorce and Separation................................................................ 4 2. Division of Property............................................................. ........ 4 3. Lump Sum Payment..................................................................... 7 4. Income Tax Prior Retums............................................................ 7 5. Execution of Additional Documents ........................................... 7 6. Transfers Subject to Liens ........................................................... 8 7. Complete Listing of Property ...................................................... 8 8. Equitable Distribution of Property .............................................. 8 9. Relinquishment of Ownership ..................................................... 9 10. After-Acquired Property.............................................................. 9 11. Debts............................................................................................. 9 12. Bankruptcy ................................................................................... 10 13. Alimony and Support.................................................................. 10 14. Full Disclosure ............................................................................. 12 15. Releases ........................................................................................ 12 16. Indemnification ............................................................................ 12 17. General Provisions ....................................................................... 13 18. Fair and Equitable Contents......................................................... 13 19. Breach........................................................................................... 14 20. Independent Separate Covenants................................................. 14 21. Void Clauses ................................................................................ 14 22. Execution of Documents.............................................................. 15 23. Applicable Law............................................................................ 15 24. Non-Merger. ......... ... ... ................. ...................... .................... ....... 15 25. Disclosure and Waiver of Procedural Rights .............................. 15 26. Tax Advice ................................................................................... 16 27. Representation of Parties ............................................................. 17 Signature Page.............................................................................. 17 Acknowledgement Page............................................................... 18 2 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this day of , 2004, by and between Beth N. Scully -AND- Thomas C. Scully, at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife, having been married on September 5,1992, at Centre County, Pennsylvania. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife 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 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. The parties separated on January 17,2004. NOW, THEREFORE, in consideration of the aforegoing 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 3 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 cause leading to their living apart, A reconciliation will not void the provisions of this Agreement. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property: A. The following shall become the sole and exclusive property of Husband: 1. Husband shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 401 K plans and/or any and all other employment benefits, which he has accumulated during the course of his past or present employment. Specifically, Husband shall be entitled to the balance of his four SPE Federal Credit Union IRA accounts in the amount of $19,199.10 as of January 30,2004, and his R.J. Fisher & Associates SARSEP IRA in the amount of$19,388.57 as of January 5, 2004. Husband shall be entitled to his Roth IRA 4 account number 03202724337 with a value of $6,098.55 as of January 13,2004. 2. Husband shall be entitled to the balance of his SPE Federal Credit Union Primary Share account in the amount of$21,713.94 as of January 31, 2004. The parties acknowledge that this account had a premarital balance of $16,377.43 as of September 3, 1992, and therefore only $5,336.51 constitutes marital funds. 3. Husband shall be entitled to the balance of his SPE Federal Credit Union Share Draft account in the amount of $2,993.73 as of January 31, 2004. The parties acknowledge that this account had a premarital balance of$1,843.55 as of September 3,1992, and therefore only $1,150.18 constitutes marital funds. 4. Husband shall be entitled to his SPE Federal Credit Union Certificate with a value of $10,062.97 as ofJanuary 31,2004. 5. Husband shall be entitled to ownership of the Jefferson Pilot Financial Life Insurance Policy account number 506020908 with a cash value of $8,944.99 as of January 13,2004. 6. Husband shall be entitled to possession and ownership of his Toyota Corolla and shall be fully responsible for any and all liens and encumbrances associated therewith. B. The following shall become the sole and exclusive property of Wife: 1. Wife shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 401 K plans and/or 5 any and all other employment benefits, which she has accumulated during the course of her past or present employment. Specifically, Wife shall be entitled to her Roth IRA account number 02704697066 in the amount of$5,551.05 as of January 13,2004. 2. Wife shall be entitled to the balance of the parties' joint M&T Bank checking account number 10403256 in the amount of $3,668.52 as of January 16,2004. 3. Wife shall be entitled to ownership of the Nationwide Annuity account number 013568970 with a value of $33,924.79 as of January 13,2004. Wife shall be solely responsible for any and all surrender charges, taxes, and/or penalties resulting from a transfer of this account into her name alone. 4. Wife shall be entitled to the Oppenheimer Fund joint account number 02360920700 with a value of$4,743.57 as of January 13,2004. 5. Wife shall be entitled to possession and ownership of her Toyota truck and shall be fully responsible for any and all encumbrances or liens associated therewith. C. All personal property in the possession of each party as of the date of execution of this Agreement shall remain the sole and separate property of each party respectively. D. The parties acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and other sources of 6 income and based thereon they mutually agree that the property listed above constitutes the entire marital property. 3. Lump Sum Payment. In consideration of the terms [Uld conditions set forth in this agreement, and as a further equitable distribution of the marital property, Husband shall pay to Wife the sum of Thirteen Thousand one hundred and eight Dollars and eighty-six cents ($13,108.86), to be paid contemporaneously with the execution of this Agreement. This payment by Husband unto Wife is in consideration of the terms and conditions set forth in this Agreement. Husband and Wife specifically provide that these payments are non-taxable payments to Wife and shall not be included in the income of Wife. 4. Income Tax Prior Returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnifY and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. S. Execution of Additional Documents. The parties agree to each sign Affidavits of Consent upon the expiration of ninety (90) days following the filing 7 and service ofthe Divorce Complaint. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 6. Transfers Subiect to 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. Complete Listinl! ofPropertv. 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 Distribution of Property. By this Agreement, the parties have intended to effect an equitable distribution 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 effectuated 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 of property herein as non-taxable. 8 9. Relinquishment of Ownership, Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 10. 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 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. A. Husband and Wife agree to be responsible for the joint debts of the parties as follows: none B. 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 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 9 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 expenses, legal costs, and counsel fees unless provided to the contrary herein. 12. Bankruptcy or Reorl!anization Proceedines. [n 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 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 as set forth herein, including all attorney 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 parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 13. Alimony and Support. Upon the entry of the Decree in Divorce, Husband shall pay to Wife the sum of Eight Hundred thirty three Dollars and thirty-three cents ($833.33) per month for her separate support and maintenance for a period not to 10 exceed six years unless otherwise modified by the terms set forth in this paragraph. Husband's obligation for support under this paragraph shall terminate in the event of the death of either party, Wife's remarriage or cohabitation, or Wife's termination from her employment at Harrisburg Christian School for any reason. Except as otherwise specifically set forth in this paragraph, Husband's obligation for support is non-modifiable except in the event of physical or mental disability due to illness or accident, which prevents Husband's employability. Husband or his representative shall promptly notifY Wife in writing of such event. At such time, support shall become modifiable upon the petition of either party and court determination as to the modification. Such modification may modifY the monthly amount, but not the overall obligation to pay $60,000. For example, should Husband become disabled and support modified to $500 per month, said gross payments shall continue for the term necessary to pay the amount of $60,000. The parties agree that the purpose of the alimony payment is to supplement the low salary and minimal benefits paid to Wife by her employer, Harrisburg Christian School. Alimony payments shall commence on the first day of the first full month following the entry of a Decree in Divorce. The parties agree that the entire amount being paid to Wife pursuant to this paragraph is a separate maintenance payment intended to be included with the income of Wife within the meaning of Section 71 of the United States Internal Revenue 11 Code of 1954, and deductible from Husband's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. Wife agrees that all said alimony payments shall be included as income to Wife on her applicable tax returns. 14. Full Disclosure. The respective parties do hereby warrant, represent and declare that he and she have made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest and any further enumeration or statement thereof in this Agreement is specifically waived. Each party agrees that he or she shall not at any future time raise such a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. 15. 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 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 or as otherwise stated in this Agreement. 16. 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 may be liable. Each party covenants 12 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, counsel fees and other 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 the warranties made by Husband or Wife to the other 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. 17. General Provisions. 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. 18. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. 13 Each party acknowledges that he or she has received independent legal advise 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. 19. 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 may be 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. 20. Independent Separate Covenants. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 21. Void Clauses. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and 14 in all other respects this Agreement shall be valid and continue in full force, effect and operation. 22. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 23. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 24. Non-Mer2er. This Agreement shall not merge with any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. This Agreement shall be incorporated for the purposes of enforcement only into any Decree in Divorce which may be entered with respect to the parties, but shall not be deemed to have been merged with such Decree. 25. Disclosure and Waiver of Procedural Ri2hts. Each party understands that he or she has the right to obtain from the other party a complete Inventory or list of all property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. 15 Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Income and Expense Statement of the other party as provide by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital, and to set aside to a party that property which the Court determines to be that party's non- marital property. f. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite, equitable distribution, custody, visitation, and counsel fees, costs and expenses. 16 26. Tax Advice. Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice by their respective attorneys. Further, both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor, with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 27. Representation of Parties. The parties have mutually worked out the terms of this Marriage Settlement Agreement. Husband has been represented by Kristin R. Reinhold, Esquire. Wife has been represented by Debra Denison Cantor, Esquire. IN WITNESS WHEREOF, the parties hereto have set their hands and d year first above written. g. ~,~'~ A ('\ \"" ~/ /Ult(~ ~~ Thomas c. Scully ~ 17 COMMONWEALTH OF PENNSYL VANIA SS: COUNTY OF DAUPHIN J 111' ~7 ' On this J.':L:day of . ){'('(o nt /)10-(" ,2004, before me Subscriber, a Notary Public, for the Commonwealth of Pennsylvania, came Beth N. Scully, known to me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement Agreement. edl1.~_ Beth N. Scully Witness my hand and Notarial seal, the day and year aforesaid. COMMONWEAlTH PENNSYLVANIA NcIaI1sI Seal <;assandra T ~,NQIatY Public Camp Hm Iloro. Cum~nd ()ou1Iy My ml$elon EJcpi.... Dec:. 4, 2008 Member, PenMyivania M6aeiatlon Of Notlries (~ N dJ4:.'i ,/,'7~-(~ <l OLlJ, ({ }j ,_ Notary Public / , My Commission Expires: 16/1/0'6 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this 9!)ay of wem0er, 2004, before me Subscriber, a Notary Public, for the Commonwealth of Pennsylvania, came Thomas C~ Scully, known to me or satisfactorily proven to be the Husband in the aforegoing Marria Settlement Agreement. ~ .-/' / .---- . Witness my hand and Notarial seal, the day and year aforesaid. NOTARIAL SEAL IleDee DrelIbach, Now, ,... tow. Putoa Twp., n...... c-ap My CommIuIoa Bxplreo~. 30. 200lI ~~&stn:f; ~PUbIiC My Commission Expires: 18 BETH N. SCULLY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-1726 CIVIL THOMASC. SCULLY, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under section 3301 (c) of the Divorce Code was filed on April 21, 2004. 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. Dated: [lej!./ 1'-1; 2fJu i B$Iu It ~. Beth N. Scully . ~ BETH N. SCULLY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-1726 CIVIL THOMAS C. SCULLY, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER 93301(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal 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 ftIed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. :') 4904 relating to unsworn falsification to authorities. DATE: 'YD..R."C/ I 't ;900,/ / ~21- My Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BETHN. SCULLY v. : No. 04-1726 THOMAS C. SCULLY, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a 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 C:,\ / 1V~ /; '-. \~ 12l1Gti ~ , Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA BETH N. SCULLY v. No. 04-1726 THOMAS C. SCULLY, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 21, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I verifY that the statements made in this Affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904, relating to unsworn falsifications to auth~< <1 ~ /~I <y~ I / LlJj, .' Date: \ 2- hJ ot I Thdmas C. Scully ~, . BETH N. SCULLY, Plamtiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV ANlA v. NO. 04-1726 CIVIL THOMAS C. SCULLY, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHQNOTARY: Transmit the record, together with the following infonnation, to the Court for entry of a divorce decree: l. Ground for divorce: Irretrievable breakdown under 8 3301(c) of the Divorce Code. 2. Service was accepted by the Defendant on the 4th day of May, 2004, by certified mail, return receipt requested, receipt number 7003-2260-0001-2319-0596. 3. Date of execution of the Affidavit of Consent required by 8 3301(c) of the Divorce Code: by Beth N. Scully, Plaintiff, on December 14,2004; by Thomas C. Scully, Defendant, on December 9,2004. 4. Related claims pending: Settled by Agreement dated December 9,2004. 5. Date Plaintiffs Waiver of Notice in ~ 3301(c) Divorce was flled with the Prothonotary: December 22, 2004 Date Defendant's Waiver of Notice in ~ 3301(c) Divorce was flled with the Prothonotary: December 22, 2004 Respectfully submitted, REAGER & ADLER, PC i Br= ./'. . . ,~~Deni n Cantor, Esquire LD. No:- 66378 2331 Market Street Camp Hill, P A 17011 (717) 763-1383 DATED: i}dJ c Y 'f'T.+:+:+:+:+:+:+:+: +: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +: +:+: +:+:+:+:+: +:+:+:+:+:+: +:+:+: +:+:+:+:+:+:+:+:+:+:+:+: +:+:+:+:+:+:+:+:+:+:+:+:+:+:+:+:~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +: +:+:+:+: +:+:+:+:T. +: +:+:+:+: . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF Beth N. Scully VERSUS Thomas C. Scully PENNA. No. 04-1726 CIVIL DECREE IN DIVORCE AND NOW, ':P~ BETH N. SCULLY DECREED THAT AND THOMAS C. SCULLY 2-'7 . , ZDO'l, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT The terms of the parties' Marital Settlement Agreement dated December 9. 2004 . . . . . . . . . . . . and attached hereto are incorporated herein but not merged herewith. . .. . . . . . . . . . . . . . . ;t'+:+:+: . ~ ~M~ PROTHONOTARY . .. .. . . +:+: +:+:+: +: .. . J. ?"7-9'k/ "2 ~"-~ ?~u" .s~.?". / .:~ f:?:z /fr~'W/ ~<?7 ~9~V5:' / .