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HomeMy WebLinkAbout09-3781HILLARY A. THOMAS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2009- 3 7 6-rl CIVIL TERM SCOTT R. THOMAS, CIVIL ACTION -LAW Defendant 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 or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of marriage, you must request marriage counseling. A list of marriage counselors is avail- able in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 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 i A., MAX J. SMITH, Jk/, Esquire JARAD W. HANDELMAN, Esquire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mis@isdc.com HILARY A. THOMAS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2009- 3 17 F/ CIVIL TERM SCOTT R. THOMAS, CIVIL ACTION -LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, HILARY A. THOMAS, by her attorney, MAX J. SMITH, JR., Esquire, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more fully set forth: 1. The Plaintiff, HILARY A. THOMAS, is an adult individual and citizen of the United States of America, who resides in Dauphin County, Pennsylvania and whose mailing address is 1065 Pennsylvania Avenue, Harrisburg, Dauphin County, Pennsylva- nia 17111. 2. The Defendant, SCOTT R. THOMAS, is an adult individual and citizen of the United States of America, who resides at 1059 C York Road, Dillsburg, Cumberland County, Pennsylvania 17019. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on or about September 22, 2001, in Mechanicsburg, Pennsylvania. 5. Plaintiff avers that there are no children of the parties under the age of 18. 6. Neither Plaintiff nor Defendant is a member of the United States Armed Services. 7. Plaintiff and Defendant have both been advised of the availability of marital counseling and that each may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff avers that there has been one prior action for divorce which was discontinued by reason of inactivity. 9. Plaintiff avers that the marriage is irretrievably broken, pursuant to Section 3301(c) of The Pennsylvania Divorce Code Act 206 of 1990. 10. Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome, pursuant to Section 3301(a)(6) of The Pennsylvania Divorce Code Act 206 of 1990. 11. This action is not collusive. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT II - EQUITABLE DISTRIBUTION 12. Paragraphs one (1) through eleven (11) are incorporated herein by reference as though set forth in full. 13. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property". 14. Plaintiff and Defendant may have owned prior to the marriage property, both real and personal, which property has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which is "marital property". 15. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint. WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. COUNT III - ALIMONY 16. Paragraphs one (1) through fifteen (15) are incorporated herein by reference as though set forth in full. 17. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to adequately support herself through appropriate employment. 18. Plaintiff requests reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests the Court to enter an award of reasonable temporary alimony and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter. COUNT IV - ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES 19. Paragraphs one (1) through eighteen (18) are incorporated herein by reference as though set forth in full. 20. Plaintiff is without adequate funds to pay the costs and expenses of this litigation, and is, likewise, without funds to maintain herself during the pendency of this litigation. WHEREFORE, Plaintiff requests the Court to enter an Order requiring Defendant to pay Plaintiff alimony pendente lite, counsel fees and expenses of the litigation. Respectfully submitted, Date: June 2009 T MAX J. SMITH, JR., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Complaint,are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. HILARY HOMAS FlICE OF THE P€ OIHO TARP 2009, JUN -8 PM 2: 21 Cut&E.': ._k, 41D 'G PENNSYLVANIA 23- F' , .0 .s Z) // r 4 pi?- -7 639 9 AA aaG 390 HILARY A. THOMAS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2009-3781 CIVIL TERM SCOTT R. THOMAS, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN BEFORE ME, personally appeared JOHN R. ZIMMERMAN, who being duly sworn according to law, deposes and says that he did serve in person the Complaint in Divorce upon Scott R. Thomas at 1059 C York Road, Dillsburg, Pennsylvania; service having been made on the 7th day of July, 2009 at 9:00 a.m. K 4JORI.Z??IIAA_44MERM SWORN and subscribed to before me this day of July, 2009. oj? nc, M NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal I Alisa M. Stine, Notary Public Derry Twp., Dauphin County My Commission Expires Nov. 19, 2011 1 Member- Pennsylvania Assrc:,aiian nt Notariee AILED F? Jr- zc???E Pi SEPARATION AGREEMENT 00 - 0,1?)?? ?2 Friday, November 18, 2011 ?Qp Z Zn C L r"n- -2> co a"7- Scott R. Thomas (Husband ) , -V -Tj 1059 C York Road q 3' r''r Dillsburg, PA 17019 cJ Hilary A. Thomas (Wife) 736 Winding Lane Harrisburg, PA 17111 On this day Friday, November 18, 2011, an agreement was reached between Scott R. Thomas (husband) and Hilary A. Thomas (wife) hereby agrees to the separation of the marital property as follows. Husband agrees to pay the remaining balance on wife's car known as 2008 VW GTI in the amount of $13,560.27 in full in one lump sum to Chase Auto Finance on or before Friday, November 25, 2011. If payment to Chase Auto Finance is after Friday, November 25, 2011 a new payoff amount will be calculated due to additional interest added onto the loan which is calculated by Chase Auto Finance. Husband also agrees to relinquish all rights to the vehicle and sign off on the title free and clear to wife. Wife shall remove her name off the marital residential property located at 1059C York Road, Dillsburg, PA 17019. Removal of wife's name is solely for the purpose for the husband to refinance and it does not affect the wife's right to pursue her equitable interest in the marital residence in the divorce actions pending between the parties. li- Sc tt R. T ? Date ,?;& o Hilary A. T mas Date I W-itness Date yG ` k Ce C-4-? COMMONWEALTH OF PENNSYLVANIA Notarial Seal Joseph E. Alsberry, Notary Poublic City of Harrisburg, Dauphin Cunty My Commission Expires March 9, 2012 '00 fro. l,-{ fk k 1' HILARY A. THOMAS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA r-' -10-6 SCOTT R. THOMAS, : CIVIL ACTION - LAW Defendant : DIVORCEz.7) (Pr- -- —I -o T.7 () v. : NO. 2009-3781 CIVIL TERM AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 8, 2009. 2. The marriage of 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 of Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. 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: 140 SCOTT R. THOMAS HILARY A. THOMAS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2009-3781 CIVIL TERM SCOTT R. THOMAS, : CIVIL ACTION - LAW Defendant : DIVORCE rn rti (P r— Foo WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCEDECREE UNDER =.c) 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further 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: -(9 S`C`OTT R: THOMAS c:, HILARY A. THOMAS, Plaintiff : IN THE COURT OF COMMON PLE&S : CUMBERLAND COUNTY, PENNV v. : NO. 2009-3781 CIVIL TERM SCOTT R. THOMAS, : CIVIL ACTION - LAW Defendant : DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 8, 2009. 2. The marriage of 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 of Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. 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: Q -fl-. 11.! HILARY F HOMAS HILARY A. THOMAS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2009-3781 CIVIL TERM SCOTT R. THOMAS, : CIVIL ACTION - LAW Defendant : DIVORCE raw in rm. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER c) 3301(c)CIF THE DIVORCE CODE c 1. I consent to the entry of a Final Decree of Divorce without further 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: q_jj_ it/ HILARY . HOMAS CD c.: SHE z I O ! HCN TAT• iliLrSEP {7 PMi2:15 CUMBERLAND COUNTY PENNSYLVANIA MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN HILARY A. THOMAS AND SCOTT R. THOMAS Jessica E. Lowe, Esquire P.O. Box 650 Hershey, PA 17033 Telephone: (717) 533-3280 Counsel for Hilary A. Thomas Scott R. Thomas 1059C York Road Dillsburg, PA 17019 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 3rdjlay of , 2013, by and between HILARY A. THOMAS and SCOTT R. THOMAS. WITNESSETH: WHEREAS, Hilary A. Thomas (hereinafter called "Wife") currently resides at 736 Winding Lane, Harrisburg, Dauphin County, Pennsylvania 17111; WHEREAS, Scott R. Thomas (hereinafter called "Husband") currently resides at 1059 C York Road, Dillsburg, Cumberland County, Pennsylvania 17019; WHEREAS, the parties hereto are husband and wife, having been lawfully married on September 22, 2001; WHEREAS, the parties separated on or about June 3, 2009; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency 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. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, 1 ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Wife has retained Jessica E. Lowe, Esquire, to draft this Agreement. Husband is not represented by independent legal counsel to represent him either in the review of this Agreement or at any point in the divorce proceeding. Husband warrants and represents that he does not wish to retain counsel in conjunction with the review, preparation, and/or execution of this Agreement. Husband warrants and represents that he understands that he is free to consult with an attorney of his choosing concerning the review, preparation, and/or execution of this Agreement. Husband expressly agrees that his failure to obtain legal representation, including his failure to consult with an attorney in advance of the execution of this Agreement, shall not constitute a defense to the enforcement of this Agreement and that his failure to be represented by counsel and/or to consult with an attorney shall have no relevance to any subsequent court proceedings in which the provisions of this Agreement are interpreted or enforced. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Dauphin County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset that is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. On June 8, 2009, Wife fled a Divorce Complaint in the Court of 3 Common Pleas of Cumberland County, Pennsylvania at Docket Number 2009-3781. The parties agree that, at the time of the execution of this Agreement, they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Wife may finalize the divorce. Upon completion of the divorce action, counsel for Wife shall supply Husband with a copy of the Decree. 5. EOUITABLE DISTRIBUTION. A. Furnishings and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Except as otherwise agreed by the parties, the contents of the Marital Residence shall remain therein. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings, vehicles and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife; and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband. B. Motor Vehicles. (1) Wife shall retain ownership of the 2008 Volkswagen GTI. Husband agrees to sign any and all paperwork necessary to effectuate the transfer of this vehicle to Wife within thirty (30) days of the date of this Agreement. The parties acknowledge that Wife's vehicle is in need of certain repairs, and Husband agrees to pay in full for the cost of the repairs. Husband shall make all payments directly to the mechanic. If Husband fails to make said payment and Wife is liable to the mechanic before she can resume possession of the vehicle, Wife shall provide Husband with a copy of her receipt, and Husband shall be responsible for payment in full to Wife for the amount on the receipt within ten (10) days of receiving said receipt from Wife. (2) Husband shall retain ownership of the 1967 Chevrolet Caprice Classic. The below cash payment from Husband to Wife shall include 4 compensation to Wife for her interest in this vehicle. Wife agrees to sign any and all paperwork necessary to effectuate the transfer of this vehicle to Husband within thirty (30) days of the date of this Agreement. If, after the date of execution of this Agreement, there are any issues with the Impala, whether related to the transfer of title or otherwise, Husband shall assume sole financial responsibility for the costs associated therewith and shall hold Wife harmless. (3) The parties acknowledge that during the marriage Husband purchased and subsequently sold a 1995 Volkswagen Golf that he had titled in Wife's name alone. If there are any outstanding taxes due as a result of the sale of that vehicle and/or liens against said vehicle, Husband shall assume sole responsibility for payment of any and all amounts due and shall fully and completely indemnify Wife against any creditors related to this vehicle. C. Bank Accounts. Husband and Wife have equitably divided their joint bank accounts. Husband and Wife each shall retain the bank accounts in his/her respective names. There will be no transfer of funds between these accounts. D. Retirement Accounts. Husband and Wife are the owners of certain pension plans and/or retirement plans, which they have accumulated during the course of their respective present employment. It is hereby specifically agreed that Husband shall forever relinquish to Wife his right, title and interest in Wife's said pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits enjoyed by Wife. It is hereby specifically agreed that Wife shall forever relinquish to Husband her right, title and interest in Husband's said pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits enjoyed by Husband. E. Real Property. Husband shall retain the real property located at 1059C York Road, Dillsburg, Pennsylvania free and clear of any interest held by Wife. 5 F. Cash Payment. Within ten (10) days of the execution of this Agreement, Husband shall pay to Wife the sum of $1,500.00, which shall satisfy all obligations owed by Husband to Wife as a result of the equitable distribution of marital property. G. Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. H. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. I. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 6. DEBTS. A. Marital Debt. (1) Husband shall be solely responsible for any and all debts that he has incurred during the marriage, including but not limited to the past -due federal and state taxes owed for 2007, 2008 and 2009. Wife has received partial equitable relief from the Internal Revenue Service for tax year 2010 in the amount 6 of $20,085.00. Wife agrees to pay the sum of $557.00 for taxes due in 2010, as indicated on the IRS Preliminary Determination form that is attached hereto as Exhibit "A." Wife has received full relief for the amounts due in 2008 and 2009, as indicated on the IRS Preliminary Determination attached hereto as Exhibit "B." Should the equitable relief indicated by the IRS in the Preliminary Determinations attached hereto not be finally approved for whatever reasons, Husband shall assume sole responsibility for all taxes that were incurred during the marriage. Furthermore, Husband shall fully and completely indemnify Wife for all taxes due to the IRS that were incurred during the marriage. The parties acknowledge that there may be outstanding amounts due to Pennsylvania's Department of Revenue. Husband shall fully and completely indemnify Wife for all taxes due to the Commonwealth of Pennsylvania that were incurred during the marriage. (2) Husband and Wife acknowledge that a judgment in the total amount of $11,899.42 was entered against them pursuant to Quaid v. Thomas at Dauphin County Docket Number 2011 -CV -09903 -NT. The parties acknowledge that they reached an agreement with Michael Quaid and that each of them is responsible for repayment of one-half of the amount. Husband agrees that he shall make any and all payments owed by him to Michael Quaid. Should Husband fail to make any such payments and should Michael Quaid pursue further action against Wife to recover sums owed by Husband, Husband shall fully indemnify Wife. Should Wife be forced to pursue legal action against Husband to force compliance with this paragraph, Husband shall be responsible for the entirety of Wife's legal fees. (3) The parties agree that there are no additional marital debts. B. Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, for which the other party is or may be liable. A liability not 7 disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. C. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorneys' fees incurred by Wife in connection therewith. D. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorneys' fees incurred by Husband in connection therewith. E. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 7. INCOME TAX. The parties shall file separate federal and state tax returns for 2012. 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 8 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. 8. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a fmal determination for all time of either party's obligation to contribute to the support and maintenance of the other. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife waive all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania or any other jurisdiction. 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, fmal pay checks or any other post -death distribution scheme, and each party expressly states that it is his 9 and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 11. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds thereof in the future. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement, with full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present 10 or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as otherwise set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 12. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their Divorce Decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 11 13. BANKRUPTCY. Husband's financial obligations to Wife are not dischargeable through bankruptcy. 14. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 15. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 16. BREACH. If either party hereto breaches any provision hereof, the other party 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. The non -breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non -breaching party. 17. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 18. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be accomplished by registered or certified mail, return receipt requested. Notice to Wife will be sufficient if made or addressed to the following: Hilary A. Thomas 736 Winding Lane Harrisburg, PA 17111 and to Husband, if made or addressed to the following: Scott R. Thomas 1059 C York Road Dillsburg, PA 17019 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 12 19. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 20. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 21. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 22. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 23. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 24. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties hereto. 25. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This 13 Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 26. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable, to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 27. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and, in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity specifically are not waived or released. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date hereinabove set forth. 14 HILARY A. THOMAS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA, v. : NO. 2009-3781 CIVIL TERM SCOTT R. THOMAS, : CIVIL ACTION - LAW cn rn 1 .1) tn� _ f C. Defendant : DIVORCE .- , } C cv PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (X) 3301 (c) ( ) 3301 (d) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: By personal service on July 7, 2009. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff September 11, 2014 ; by Defendant September 10, 2014 . (b)(1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: ; (2) date of service of the Plaintiff's affidavit upon the Defendant: 4. Related claims pending: None y for tiff fendant : IN THE COURT OF COMMON PLEAS OF HILARY A. THOMAS : CUMBERLAND COUNTY, PENNSYLVANIA • • V. • SCOTT R. THOMAS NO. 2009-3781 CIVIL TERM DIVORCE DECREE AND NOW, d' ,I aS , _ 2014 , it is ordered and decreed that HILARY A. THOMAS , plaintiff, and SCOTT R. THOMAS , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Property Settlement Agreement dated 3 September 2014, is hereby incorporated into the Final Divorce Decree. By the Court, Attest. J. 41!► / lir -rothonota C,r-U,pti ruled +c 0-H1 Mi4 140-1-ice+ Obpi ma-ilea-to deb+ Pa 'd r� a5J q�