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HomeMy WebLinkAbout08-6966ci Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. TOTH, : IN THE COURT OF COMMON PLEAS Plaintiff V. MICHELE M. TOTH, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. TOTH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. Q? [o?? ?O cry, I ??? MICHELE M. TOTH, : CIVIL ACTION -LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is William C. Toth, an adult individual residing at 126 Locust Street Rear, Shiremanstown, Cumberland County, Pennsylvania 17011. 2. Defendant is Michele M. Toth, an adult individual residing at 88 North Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on August 22, 1987 in Carlisle, Cumberland County, Pennsylvania. 5. There is one (1) minor child born of this marriage, being Garret A. Toth (born April 2, 1992). 6. The parties separated on March 15, 2008. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with §3301 (c) of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, William C. Toth, prays this Honorable Court to enter judgment awarding Plaintiff a decree in divorce. Dated: November 19, 2008 Barbara zsumpie-Nunivan, tsquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. TOTH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 0(6'-_61?C MICHELE M. TOTH, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: 13 A /0V 12008 WILLIAM C. TOTH Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. TOTH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELE M. TOTH, Defendant NO. or (0 G 6 CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, William C. Toth, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: 13 Nov , 2008 LIAM C TOTH ? rA CZ) co a • Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. TOTH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELE M. TOTH, Defendant : NO. 08 - 6966 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint in Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7008 0150 0002 5289 1260, Return Receipt Requested, on Ms. Michele M. Toth, on December 5, 2008 at her last known address: 88 North Old Stonehouse Road, Carlisle, Pennsylvania 17015. The original receipt and return receipt card are attached hereto as Exhibit "A" I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to Dated: December , 2008 to authorities. Bart a a Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff s . . e U.S. Postal Service CERTIFIED MAIL , RECEIPT iDotnestic Mail Only; No lnsurance Coverage provided) For delivery information visit ? F tL LJ7 Postage $ ??: A ru certified Fee Return Reoei t Fee (Endorsement Required) f ggr?ark C3 i r1 Restricted Delivery Fee (Endorsement Required) ; QQ ' f •ti q?QO l 1 . C3 Total Postage & Fees . s' r 1, 3 i ,' Z cp . nt o t? C7 3`beet,Apt7?lo.i- l•rl •' ll.._... {%- or PD Box No. g- City, State, ZIP+4 ¦ Complete Mm 1, 2, and 3. Also complete Item 4 if Pawk lsd 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: M5. (f1 A. Signature X1 a1 . ? Agent B. Received by (Printed Name) C. Date of Delivery ` Ilkc.c i,Ae -tom ! a - 5--6g D. Is delivery address different from Item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type ? certified mail ? Express mail ? Registered ? Return Receipt for Merchandise ? Insured mail ? C.O.D. 4. Resbicted Delivery? (Extra Feel) ItYee 2, Article Number Milinsibrfrorn senIke bw 7008 0150 0002 5289 1260 P5 Form 3811, Fewuwy 2004 Donink Rom, Iieoeipt tc ta/o EXHIBIT "A" S r, 1,34 ` r. W ti Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 i ;r0 TA AP', -2 PM 1: C9 IN WILLIAM C. TOTH, Plaintiff V. MICHELE M. TOTH, Defendant IN;?i COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - 6966 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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 statement herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. DATE: 61q//)- -- -7?; WILLIAM C. TOTH I ? I p Barbara Sumple-Sullivan, Esquire t "'IL `R0 J110ig0TJ-ai Supreme Court #32317 549 Bridge Street APR 2 PM , : C 9 A U12 New Cumberland, PA 17070 (717) 774-1445 L',! IN Q F R i " MQ r. 0 [1,11 L' WILLIAM C. TOTH, PENNSYLVANNHE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELE M. TOTH, Defendant NO. 08 - 6966 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 25, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the 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 are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: '7 WILLIAM C. TOTH Barbara Sumple-Sullivan, Esquires T zi?+?? Supreme Court #32317 549 Bridge Street L. " ?? ti New Cumberland, PA 17070 (717) 774-1445 ?1?CIERLMNp C0tjR-f,,, WILLIAM C. TOTH, PURT OF COMMON PLEAS Plaintiff V. MICHELE M. TOTH, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - 6966 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 25, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the filing and service of the Complaint. 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 are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: JLSLtMICHELLE M. TOTH Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 . E... 0 _10NO FAR ?a0 L P11 PP -2 P1 f 9 (717) 774-1445 ` ?M0ERLAN0 COUNT WILLIAM C. TOTH, IN THE COUR PLEAS Plaintiff V. MICHELE M. TOTH, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 6966 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 0301(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 statement herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. DATE: MICHELKE M. TOTH t. . s r E ,_ , " L fa-r.T i PROPERTY SETTLEMENT AGREEMEl'IG>1~ S? THIS AGREEMENT, made this day oD-&-je' , 2012, by and between Michele M. Toth of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and William C. Toth, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on August 22, 1987, in Carlisle, Cumberland County, Pennsylvania; and WHEREAS, two (2) children have been born of this marriage, namely, Garret A. Toth, born April 2,1992; and William C. Toth, Jr., born August 4,1988; and 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 fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership 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. i NOW, THEREFORE, in consideration of the 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 hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION: 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 provisions 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. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither parry shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understands and agrees that neither shall do or say anything to the children of the parties at anytime which might in any way influence the children adversely against the other party, it being the intention of both parties to minimize the effect of any such separation upon the children. 2 r i 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as 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. 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that HUSBAND has filed a Complaint in Divorce in Cumberland County to Docket No. 08-6966, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits, Waivers, or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as they execute this Agreement. Counsel for Husband shall file Praecipe to transmit the record immediately upon execution of this agreement and receipt of the parties' consents and waivers. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this r ? r Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement at 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. 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date", which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 4 1 1 r 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, 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 situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or 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 a testamentary gift, 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 country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except. all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. With the exception of the obligations contained in this agreement, it is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise 5 under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a frill and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. ADVICE OF COUNSEL: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel; MARIA P. COGNETTI, ESQUIRE, for WIFE and BARBARA SUMPLE-SULLIVAN, ESQUIRE, for HUSBAND. HUSBAND and WIFE acknowledge that 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. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not, at any future time, raise as 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. 10. 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 and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may 6 have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 12. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against, and agrees to assume the sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself, except as provided herein. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself, except as provided for herein. WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 7 1 ' The parties confirm that to the best of his or her knowledge and belief, no joint debts (other than those identified in paragraph 14) presently exist. 13. PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. The parties acknowledge that HUSBAND has provided WIFE with the negatives of all of the family photos. 14. DIVISION OF REAL PROPERTY: a. 88 Old Stonehouse Road: WIFE agrees to transfer all her right, title and interest in and to the real estate situated at 88 North Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties, to HUSBAND and agrees to simultaneously with the execution of this Agreement, execute a deed transferring all her rights, title and interest on this property to HUSBAND. WIFE further acknowledges that she has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. Said deed is to be held in escrow by WIFE's attorney and to be delivered for 8 recording at HUSBAND's settlement on a new mortgage or upon proof of WIFE's release from liability from the existing mortgage due and owing to M&T Bank. It is acknowledged by the parties that it may be necessary to provide the deed in conjunction with a financing settlement to secure WIFE's release of liability of the existing mortgage. Should WIFE remarry prior to the settlement on HUSBAND's refinancing, WIFE's new husband shall join in the execution of the deed to ensure clear title. Except as otherwise provided herein, commencing on the execution date of this Agreement, HUSBAND shall be solely responsible for all costs, expenses and liabilities associated with or attributable to this residence regardless of when same shall have been incurred including, but not limited to, the mortgage due and owing to M&T Bank, taxes, insurance premiums and maintenance and HUSBAND shall keep WIFE and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense in including attorney's fees, which may be incurred in connection with such liabilities and expense or result from WIFE's ownership interest in said property. Until the M&T Bank mortgage is refinanced, HUSBAND shall be solely responsible for payment of this mortgage and shall hold WIFE, her heirs, successors and assigns, harmless from any liability in the event of his default. WIFE agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the this property shall be endorsed to reflect HUSBAND as sole owner thereof and further agrees that HUSBAND shall be entitled to receive any payments now or hereafter due under any such insurance policies. 9 HUSBAND shall, within ninety (90) days of the execution of this Agreement, remove WIFE's name from the M&T Bank mortgage so as to have WIFE completely and fully released of any and all liability she has on the said mortgage. In the event that HUSBAND fails to refinance within the designated time frame, the property shall be immediately listed for sale with a realtor mutually chosen by both parties and listed at a mutually agreed upon price., In the event the parties cannot agree on a listing price, each party shall have the right to secure an appraisal of the premises and the listing price shall be the average of the appraisals of both parties. The listing price shall be adjusted downward every 90 days at the recommendation of the realtor until sale is accomplished. All net proceeds of the sale shall become the sole and exclusive property of HUSBAND and WIFE waives any claims thereto. b. 5205 East Trindle Road: WIFE agrees to transfer all her right, title and interest in and to the real estate situated at 5205 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties, to HUSBAND and agrees simultaneously with the execution of this Agreement, to execute a deed transferring all her rights, title and interest in the property to HUSBAND. WIFE further acknowledges that she has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. Said deed is to be held in escrow by WIFE's attorney and to be delivered for recording at HUSBAND's settlement on a new line of credit or upon proof of WIFE's release of liability of the existing line of credit due and owing to Sovereign Bank. It is acknowledged by the parties that it may be necessary to provide the deed in conjunction with a financing settlement to secure WIFE's release of liability from the existing line of credit. Should 10 WIFE remarry prior to the settlement on HUSBAND's refinancing, WIFE's new husband shall join in the execution of the deed to ensure clear title. Except as otherwise provided herein, commencing on the execution date of this Agreement, HUSBAND shall be solely responsible for all costs, expenses and liabilities associated with or attributable to this residence regardless of when same shall have been incurred including, but not limited to, the line of credit with Sovereign Bank, taxes, insurance premiums and maintenance and HUSBAND shall keep WIFE and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense in including attorney's fees, which may be incurred in connection with such liabilities and expense or result from WIFE's ownership interest in said property. Until the Sovereign line of credit is refinanced, HUSBAND shall be solely responsible for payment of this mortgage and shall hold WIFE, her heirs, successors and assigns, harmless from any liability in the event of his default. WIFE agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the this property shall be endorsed to reflect HUSBAND as sole owner thereof and further agrees that HUSBAND shall be entitled to receive any payments now or hereafter due under any such insurance policies. HUSBAND shall, within thirty six (36) months of the execution of this Agreement, remove WIFE's name from the Sovereign Bank line of credit so as to have WIFE completely and fully released of any and all liability she has on the said credit line. In the event that HUSBAND fails to refinance within the designated time frame, the property shall be immediately listed for sale with a realtor mutually chosen by both parties at a mutually 11 agreed upon price. In the event the parties cannot agree on a listing price, each party shall have the right to secure an appraisal of the premises and the listing price shall be the average of the appraisals of both parties. The listing price shall be adjusted downward every 90 days at the recommendation of the realtor until sale is accomplished. All net proceeds of the sale shall become the sole and exclusive property of HUSBAND and WIFE waives any claims thereto. C. 5203 East Trindle Road: HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 5203 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees to simultaneously with the execution of this Agreement, to execute a deed transferring all his rights, title and interest in the property to WIFE. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. Said deed is to be held in escrow by HUSBAND's attorney and to be delivered for recording at WIFE's settlement on a new line of credit or upon proof of HUSBAND's release of liability of the existing line of credit due and owing to Members 1 st Credit Union. It is acknowledged by the parties that it may be necessary to provide the deed in conjunction with a financing settlement to secure HUSBAND's release of liability from the existing line of credit. Should HUSBAND remarry prior to the settlement on WIFE's satisfaction of the mortgage, HUSBAND's new wife shall join in the execution of the deed to ensure clear title. Except as otherwise provided herein, commencing on the execution date of this Agreement, WIFE shall be solely responsible for all costs, expenses and liabilities associated 12 with or attributable to this residence regardless of when same shall have been incurred including, but not limited to, the line of credit with Members 1St Credit Union taxes, insurance premiums and maintenance and WIFE shall keep HUSBAND and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense in including attorney's fees, which may be incurred in connection with such liabilities and expense or result from HUSBAND's ownership interest in said property. Until the Members 1 s' Credit Union line of credit is refinanced, WIFE shall be solely responsible for payment of this mortgage and shall hold HUSBAND, his heirs, successors and assigns, harmless from any liability in the event of her default. HUSBAND agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the this property shall be endorsed to reflect WIFE as sole owner thereof and further agrees that WIFE shall be entitled to receive any payments now or hereafter due under any such insurance policies. WIFE shall, within ninety (90) days of the execution of this Agreement, remove HUSBAND's name from the Members 1St Credit Union line of credit so as to have HUSBAND completely and fully released of any and all liability he has on the said credit line. In the event that WIFE fails to refinance within the designated time frame, the property shall be immediately listed for sale with a realtor mutually chosen by both parties and listed at a mutually agreed upon price. In the event the parties cannot agree on a listing price, each party shall have the right to secure an appraisal of the premises and the listing price shall be the average of the appraisals of both parties. The listing price shall be adjusted downward every 90 days at the recommendation of the realtor until sale is accomplished. All net 13 proceeds from the sale shall become the sole and exclusive property of WIFE and HUSBAND waives any claims thereto. d. Special Clause Regarding 5203 and 5205 Trindle: As part of this equitable distribution, HUSBAND and WIFE have agreed to transfer 5205 Fast Trindle Road, Mechanicsburg to HUSBAND and 5203 East Trindle, Mechanicsburg to WIFE. Both parties acknowledge and recognize that these parcels cumulatively adjoined may be a prime location for future commercial development. No premium has been added to any parcel for the market value potential of the Trindle Road properties due to the speculative nature of this contingency. Recognizing this, the parties desire to confirm an arrangement between them which would equitably deal with any premium either might receive if a future commercial developer should become interested and make an offer on the 5203 and 5205 Trindle Road properties. The parties' hereby agree and acknowledge that the terms of this Paragraph 14.d are not intended to require either of them to sell their property absent an express desire to do so. In the event that an offer is tendered to HUSBAND and/or WIFE from a third party developer seeking to develop either or both 5203 and 5205 East Trindle Road, and the price offered reflects a "premium" in excess of 10% above the then current fair market value of the property, the net realized above said 10% shall be shared by both parties subject to the terms and conditions set forth herein below. First, fair market value shall be determined by averaging three appraisals: one done by HUSBAND; one done by WIFE; and a third done by an independent appraiser who is chosen jointly by HUSBAND and WIFE. If the offer 14 received exceeds the fair market value, as defined above, by 10% or more, the parties shall share the net realized "premium" in accordance with the formula below: For the purpose of this paragraph the following terms shall mean: i. Fair Market Value: The average of three appraisals - one done by HUSBAND, one done by WIFE and a third done by an independent appraiser who is chosen jointly by HUSBAND and WIFE. ii. Actual Costs of Sale: All normal and customary expenses paid by a seller and associated with the actual sale of the property, i.e. commissions, transfer taxes, recording fees, and title charges. iii. Estimated Costs of Sale: Normal and customary expenses paid by a seller based on a sale of the property at its Fair Market Value, i.e. estimated commission, transfer taxes, recording fees, and title charges. iv. Actual Capital Gains Tax: The actual capital gains tax which will be due as a result of the sale of the property. Said tax shall be calculated by Gift & Associates or an accountant jointly chosen by HUSBAND and WIFE at the time of sale. V. Estimated Capital Gains Tax: The capital gains tax which would have been due on a sale of the property at its Fair Market Value. Said tax shall be calculated by Gift & 15 Associates or an accountant jointly chosen by HUSBAND and WIFE. vi. Improvements: Improvements for the purposes of this paragraph shall be defined as renovations, remodeling, replacement of heating and cooling systems, structural systems such as roofs and other improvements actually paid for by the owner. Improvements shall not include routine maintenance or items impacted by normal wear and tear such as carpeting. Step 1: Determine if the offer received exceeds 10% of the fair market value as follows: 1 Fair Market Value 2 Multiply Line 1 by 10% 3 Enter Total Amount of Offer 4 Subtract Line 1 from Line 3 5 If Line 4 is larger than Line 2 proceed to Step 2. If Line 2 is larger than Line 4 this paragraph does not apply to the sale of the property and no further calculation is needed. Step 2: Calculation of Increased Costs of Sale 6 Actual Cost of Sale 7 Estimated Costs of Sale based on Fair Market Value 8 Subtract Line 7 from Line 6 9 Proceed to Step 3 Step 3: Calculation of Increased Capital Gains Taxes 10 Actual Capital Gains Tax on Sale of Property 11 Estimated Capital Gains Tax on Fair Market Value 12 Subtract Line 11 from Line 10 13 Proceed to Step 4 16 Step 4: Calculation of Division of "premium" 14 Total Amount of Offer (line 3) 15 Enter Fair market Value (Line 1) 16 Subtract Line 15 from Line 14 17 Enter sum equal to 10% of Fair Market Value (Step 1, Line 2) 18 Subtract Line 17 from Line 16 19 Enter sum equal to increased costs of sale (Step 2, Line 8) 20 Subtract Line 19 from Line 18 21 Enter sum equal to increased Capital Gains Taxes (Step 3, Line 12) 22 Subtract Line 21 from Line 20 23 Enter total amount of improvements done to the property 24 Subtract Line 23 from Line 22 25 Divide Line 24 by 2 Based on the foregoing formula the property owner would owe the other parry the resulting sum on Line 25 above. Said sum shall be paid within 30 days of the completion of settlement on the property. Nothing herein contained shall in any way delay the sale of the property to a third party. Furthermore., the parties agree to full disclosure of all terms, documents and the like related to the sale of their respective properties as it relates to this paragraph. By way of example, the following table outlines the terms of a fictitious sale: Step 1: Determine if the offer received exceeds 10% of the fair market value as follows: 1 Fair Market Value 300,000.00 2 Multiply Line 1 by 10% 30,000 3 Enter Total Amount of Offer 450,000.00 4 Subtract Line 1 from Line 3 150,000.00 17 5 If Line 4 is larger than Line 2 proceed to Step 2. If Line 2 is larger than Line 4 this paragraph does not apply to the sale of the property and no further calculation is needed. Step 2: Calculation of Increased Costs of Sale 6 Actual Cost of Sale 31,500.00 7 Estimated Costs of Sale based on Fair Market Value 21,000.00 8 Subtract Line 7 from Line 6 10,500.00 9 Proceed to Step 3 Step 3: Calculation of Increased Capital Gains Taxes 10 Actual Capital Gains Tax on Sale of Property 67,500.00 11 Estimated Capital Gains Tax on Fair Market Value 45,000.00 12 Subtract Line 11 from Line 10 22,500.00 13 Proceed to Step 4 Step 4: Calculation of Division of "premium"' 14 Total Amount of Offer 450,000.00 15 Enter Fair market Value 300,000.00 16 Subtract Line 15 from Line 14 150,000.00 17 Enter sum equal to 10% of Fair Market Value (Step 1, Line 2) 30,000.00 18 Subtract Line 17 from Line 16 120,000.00 19 Enter sum equal to increased costs of sale (Step 2, Line 8) 10,500.00 20 Subtract Line 19 from Line 18 109,500.00 21 Enter sum equal to increased Capital Gains Taxes (Step 3, Line 12) 22,500.00 22 Subtract Line 21 from Line 20 87,000.00 23 Enter total amount of improvements done to the property 5,000.00 24 Subtract Line 23 from Line 22 82,000.00 25 Divide Line 24 by 2 41,000.00 18 I Under the scenario above, the owner of the property would owe the other party the sum of $41,000.00. The terms of this paragraph 14.d relate only to the sale of 5203 and/or 5205 Trindle Road and shall remain in effect for fifteen (15) years from the date of this agreement. After expiration of the fifteen (15) year period, the terms of this paragraph, and any obligations created by this language, shall terminate, be void, and not be enforceable. Furthermore, upon the death of either party, the terms of this paragraph 14.d and any obligations created by this language, except for the right of first refusal, shall terminate, be void, and not be enforceable regardless of when the death occurs. Nothing herein contained is intended to prohibit the sale of HUSBAND's or WIFE's property. Each party acknowledges that the other is free to sell his or her respective real property at any time to a third party. However, both parties have jointly agreed that upon listing the property for sale and upon receipt of a bona fide offer for his or her property, either HUSBAND or WIFE shall offer to the other as a right of first refusal the right to purchase the property on the same terms and conditions received from the bona fide third party. The right of first refusal shall be conveyed immediately in writing to the other spouse upon receipt of the third party offer. Upon receipt of the offer, the party receiving the right of first refusal shall have 48 hours from receipt to decide whether he or she desires to purchase the other party's property on the terms of the third party offer and shall so notify of the other party of his or her intention to do so in writing prior to the expiration of the 48 hour period. If a party chooses not to exercise the right of first refusal and the sale to the third party is not consummated on the specified terms, the right of first refusal shall continue to be valid and apply to all other fixture offers received. 19 e. 389 Sheely Lane: HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 389 Sheely Lane, Mechanicsburg, Cumberland County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees to simultaneously, with the execution of this Agreement, execute a deed transferring all his rights, title and interest on this property to WIFE. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property- in the future. Said deed is to be held in escrow by HUSBAND's attorney and to be delivered for recording at WIFE's settlement on a new mortgage or upon proof of HUSBAND's release of liability of the existing mortgage due and owing to Members I" Credit Union. It is acknowledged by the parties that it may be necessary to provide the deed in conjunction with a financing settlement to secure HUSBAND's release of liability of the existing mortgage. Should HUSBAND remarry prior to the settlement on WIFE's refinancing, HUSBAND's new wife shall join in the execution of the deed to ensure clear title. Except as otherwise provided herein, commencing on the execution date of this Agreement. WIFE shall be solely responsible for all costs, expenses and liabilities associated with or attributable to this residence regardless of when same shall have been incurred including, but not limited to, the mortgage with Members 1St Credit Union, taxes, insurance premiums and maintenance and WIFE shall keep HUSBAND and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense in including attorney's fees, which may be incurred in connection with such liabilities and expense or result from HUSBAND's ownership interest in said property. Until 20 the Members 1St Credit Union mortgage is refinanced, WIFE shall be solely responsible for payment of this mortgage and shall hold HUSBAND, his heirs, successors and assigns, harmless from any liability in the event of her default. HUSBAND agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the this property shall be endorsed to reflect WIFE as sole owner thereof and further agrees that WIFE shall be entitled to receive any payments now or hereafter due under any such insurance policies. WIFE shall, within ninety (90) days from HUSBAND's satisfaction of the Sovereign Bank Line of Credit associated with 5205 Trindle Road, remove HUSBAND's name from the Members 1St Credit Union mortgage so as to have HUSBAND completely and fully released of any and all liability he has on the said mortgage. In the event that WIFE fails to refinance within the designated time frame, the property shall be immediately listed for sale with a realtor mutually chosen by both parties and listed at a mutually agreed upon price. In the event the parties cannot agree on a listing price, each party shall have the right to secure an appraisal of the premises and the listing price shall be the average of the appraisals of both parties. The listing price shall be adjusted downward every 90 days at the recommendation of the realtor until sale is accomplished. All net proceeds from the sale shall become the sole and exclusive property of WIFE and HUSBAND waives any claims thereto. L Mount Rock Property: WIFE agrees to quitclaim all her right, title and interest in and to the real estate known as Mount Rock Property situate in Carlisle, Cumberland County, Pennsylvania, now titled in the name of HUSBAND and William C. Toth, Jr., to HUSBAND and agrees to simultaneously with the execution of this Agreement, 21 execute a deed transferring all her rights, title and interest in the property to HUSBAND. WIFE, further acknowledges that she has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. Said quitclaim deed should be released upon the execution of this Agreement for recording. HUSBAND warrants that WIFE is not a signatory or otherwise liable for the Members 1 St Credit Union loan encumbering the property. HUSBAND shall be responsible for all costs, expenses and liabilities associated with or attributable to this property regardless of when same shall have been incurred including, but not limited to, the mortgage with Members 1St Credit Union, taxes, insurance premiums and maintenance and HUSBAND shall keep WIFE and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense in including attorney's fees, which may be incurred in connection with such liabilities and expense. g. Hunting Camp: WIFE agrees to quitclaim all her right, title and interest in and to the real estate situated in Bedford County, Pennsylvania, now titled in the name of HUSBAND, Robert M. Toth and Douglas R. Edwards, to HUSBAND and agrees to simultaneously, with the execution of this Agreement, execute a quitclaim deed transferring all her rights, title and interest in the property to HUSBAND. WIFE further acknowledges that she has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. This property is not encumbered. Said quitclaim deed shall be released upon the execution of this Agreement for recording. 22 J V 15. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that during their marriage they had joint bank accounts which have, since their separation, been divided and closed to their satisfaction. HUSBAND and WIFE further acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. 16. BUSINESS INTERESTS: The parties do hereby agree and acknowledge that, at the time of their separation, they had an ownership interest in the West Shore Suzuki. Subsequent to the parties' separation they sold their interest. The parties acknowledge that all personal debts either of them may have that were associated with the business have been paid or otherwise satisfied. Any monies received from the sale of West Shore Suzuki were divided to the satisfaction of the parties at the time of the sale. If in the future, any issues arise as a result of the parties' former ownership of West Shore Suzuki, then, in that event, they shall jointly share any, liability associated therewith. With regard to the rental properties of the parties, the parties agree to equally share any and all income and expenses for 2011 on their respective individual tax returns. The parties agree that they will both use Gift and Associates to prepare their individual returns for 2011 and that Gift and Associates will coordinate information between the two parties to verify that each is receiving the same amount of income and expenses. Furthermore, the parties agree to exchange copies of their returns with the other in advance of their filing so that each can independently verify that the other has in fact received equal treatment. For tax year 2012, each party shall reflect on his or her 23 ! J individual taxes, all income and expenses related to the property(ies) he or she retains, even if said income or expenses were received before the date of this Agreement. 17. MOTOR VEHICLES: a. WIFE shall retain possession of, as her separate property, the 2003 Jeep Wrangler currently titled in joint names, for her own use and disposition. WIFE shall be solely responsible for all expenses associated with the 2003 Jeep Wrangler, including but not limited to, insurance, maintenance, and the liens and loans for said vehicle. HUSBAND shall cooperate with WIFE in securing the transfer of the title/registration of the vehicle to WIFE and WIFE shall secure her own automobile insurance policy. HUSBAND agrees to sign any necessary documents upon request to effectuate the transfer of title/registration. b. HUSBAND shall retain possession of, as his separate property, the 2005 Ford F350, including the plow equipment, currently titled in joint names, for his own use and disposition. HUSBAND shall be solely responsible for all expenses associated with the 2005 Ford F350, including but not limited to, insurance, maintenance, and the liens and loans for said vehicle. WIFE shall cooperate with HUSBAND in securing the transfer of the title/registration of the vehicle to HUSBAND and HUSBAND shall secure his own automobile insurance policy. WIFE agrees to sign any necessary documents upon request to effectuate the transfer of title/registration. 18. MISCELLANEOUS ASSETS: The parties hereby agree that as to all assets not specifically mentioned herein of which no disposition has been made under the terms hereof and which are presently titled in the sole name of one of the parties hereto, or if untitled, are presently in the sole possession of one of the parties 24 hereto, the party not having title or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claim therein and acknowledges that the party having title or possession of such item or items shall be the sole and exclusive owner thereof. 19. 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. 20. RENTAL PROPERTIES: The parties acknowledge that the properties located at 5203 East Trindle Road, 5205 East Trindle Road and 389 Sheely Lane are rental properties which are currently occupied by tenants. HUSBAND is in possession of the lease agreements signed by the tenants. HUSBAND agrees to provide WIFE with the original leases for the properties that she will retain (5203 East Trindle Road and 389 Sheely Lane). HUSBAND agrees that from the date of this Agreement forward, WIFE shall be entitled to receive all rents associated with the properties that she will retain. In the event that after the date of this Agreement HUSBAND receives a rent payment for a property that WIFE will retain, he shall promptly forward same to WIFE. It is agreed that there will be no proration for a partial month any rentals received. HUSBAND further agrees that he will turn over to WIFE any and all paperwork and documents associated with the rental properties that she will retain, including but not limited to, all 25 ? i original receipts for utilities, expenses, and repairs, appraisals, deeds, rental receipts and ledgers, within thirty (30) days of the date of this Agreement. Each party shall be solely responsible for refund to his or her respective tenant(s) in the rental property each retains of any security deposit due and owing to the tenant(s). Each party does hereby agree to indemnify and hold the other harmless from any such claim by any tenant arising from the property of the other. Furthermore, each party further agrees to execute an assignment transferring all rights, title and interest in the lease contracts associated with the properties being retained by the other party or to obtain new leases. Each party agrees to indemnify and hold the other party harmless from any claims, demands, costs, and liability arising of the lease assigned to the other. 21. COUNSEL FEES: Except as provided herein, each party hereby indemnifies and agrees to indemnify and hold the other free and harmless against the claims of any attorney or person who rendered or claims to have rendered services to him or her in connection with the divorce proceeding and the negotiation of this Agreement or otherwise. 22. 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 whatsoever 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 26 involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. Any tax penalty assessed due to clerical or computation errors shall be shared equally between the parties. 23. 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 or State 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. 24. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 27 25. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to their support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for herein. 26. EFFECT OF DIVORCE DECREE: The parties agree that, except as 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. 27. BREACH: If either party breaches any provision of this Agreement, the other parry shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 28. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each parry hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the 28 estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each parry will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 29. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither parry has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other parry or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. 29 The non-disclosing parry shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 31. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 32. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 33. 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 in all other respects this Agreement shall be valid and continue in full force, effect and operation. 34. 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. 35. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall. be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party 30 to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 36. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 37. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first abo e writtte' 'n. GC-- WIESS a &4A WITNESS MICHELE M. TOTH WILLIAM C. TOTH 31 COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF Sl" On this, the 6? I day of JT? Q 1-0) , 2012, before me, a Notary Public, the undersigned officer, personally appeared Michele M. Toth, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Not Public COMMONWEALTH OF PENNSYLVANIA N ARIAL SEAL KAREN A. SHERIFF, Notary Public East Pennsboro Twp. Cumberland Co. MY Commission Expires May 16, 2014 COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ) 1'h On this, the day of 2012, before me, a Notary Public, the undersigned officer, personally appeared William C. Toth, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Pr rty ettlement Agreement and acknowledged that he/she executed the same for the purposo therei contained. IN WITNESS WHEREOF, I hereunto set my Notary Public NOTARIAL SEAL BARBARA SUMPLE-SULUVAN Notary Pvbk NEW CUMOERLANO BORO., CUMKRLANO CM My Cwadasioa Ex*n Nov 15, 2015 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. TOTH, Plaintiff V. MICHELE M. TOTH, Defendant To the Prothonotary: 1l;ul 3'jrv461? lt1it4 I?Yfi?*'WOF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6966 CIVIL ACTION - LAW PRAECIPE TO TRANSMIT RECORD 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: December 5, 2008 via Certified Mail, Restricted Delivery 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff. March 9, 2012; by Defendant: March 21, 2012. 4. Related claims pending: None. All claims have been resolved by the parties' Property Settlement Agreement dated March 21, 2012 which shall be incorporated but not merged into the Divorce Decree. 5. Date Plaintiff s Waiver of Notice in §3301(c) Divorce w As filed with Prothonotary: March 29, 2012. Date Defendant's Waiver of Notice in §3301(c) Div rce wpa !' filed with Prothonotary: March 29, 2012. r Dated: March 28, 2012 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 t Supreme Court ID #32317 Attorney for Defendant 41 .. Barbara Sumple-Sullivan, Esquire Supreme Court 432317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. TOTH, Plaintiff V. MICHELE. M. TOTH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6966 : CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite Camp Hill, PA 170 DATED: March 28, 2012 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff WILLIAM C. TOTH , V. MICHELE M. TOTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-6966 DIVORCE DECREE AND NOW, Aw- ,2X 4- , it is ordered and decreed that WILLIAM C. TOT plaintiff,'and MICHELE M. TOTH 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. All claims have been resolved by the parties' Marital Settlement Agreement dated March 21, 2012 which shall be incorporated but not merged into this Divorce Decree. Attest: Yh ma$ A. Mamie C i leas 3Lk. ; 22 honotary ?/ • ? ?oi? - ???? a y ,??r?Q/ ?, ?`? ????e - .Sly/?v?r? c? (Ord i,y,o,?c ??n?