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HomeMy WebLinkAbout09-4244STACEY A. BOLTON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. yq CIVIL TERM SCOTT C. BOLTON, Defendant IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY 11 FLOWER & LINDSAY 26 West High Street Carlisle, PA Mar*T/ as, Esgtmd Attome 4919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff STACEY A. BOLTON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. Of, ygyf? CIVIL TERM SCOTT C. BOLTON, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. Plaintiff is Stacey A. Bolton, an adult individual currently residing at 69 Rustic Drive, Shippensburg 17257, Cumberland County, Pennsylvania. 2. Defendant is Scott C. Bolton, an adult individual currently residing at 8182 Scenic Drive, Shippensburg 17257, Franklin County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 15, 1990, in Shippensburg, Pennsylvania. 5. There has been no other prior action for divorce or annulment between the Parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff SAWIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. COUNT I - CUSTODY 11. Plaintiff seeks custody of the following child: Samantha Bolton (DOB: April 23, 1996). The child was not born out of wedlock The parties presently share custody of the child, pursuant to the Custody Stipulation and Agreement executed June 19, 2009. During the past five years, the child has resided with the following persons and at the following addresses: Names Address Dates Plaintiff and Defendant Plaintiff 6 Courtney Drive Shippensburg, PA 17257 6 Courtney Drive, Shippensburg, PA 17257 Feb. 2000 to Aug. 25, 2008 August 25, 2008 to May 2009 Plaintiff 69 Rustic Drive May 2009 to Present Shippensburg, PA 17257 The mother of the child is Stacey A. Bolton, currently residing at 69 Rustic Drive, Shippensburg, Pennsylvania 17257. She is married. The father of the child is Scott C. Bolton, currently residing at 8182 Scenic Drive, Shippensburg, Pennsylvania 17257. FLOWER & LINDSAY 26 West High Street Carlisle, PA He is married. 12. The relationship of Plaintiff to the child is that of Mother. The Plaintiff currently resides with the child at issue on a primary custody basis, pursuant to the terms of the Custody Stipulation and Agreement executed on June 19, 2009. 13. The relationship of Defendant to the child is that of Father. The Defendant currently resides with the child on a partial custody basis, pursuant to the terms of the Custody Stipulation and Agreement executed on June 19, 2009. 14. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. 16. The parties desire that the terms of the Custody Stipulation and Agreement executed by them on June 19, 2009, be incorporated into an Order of Court. WHEREFORE, the Plaintiff requests this Court to grant her shared legal and primary physical custody of the child. Respectfully submitted, CIS ? LINDSAY M1 . 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY a as, sq Attorney Id. 919 26 West i Street Carlisle, PA 17013 (717) 243-6222 Dated: f2?j/? Counsel for Plaintiff STACEY A. BOLTON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. CIVIL TERM SCOTT C. BOLTON, Defendant IN DIVORCE VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. ' hA-? STACEY ACSOLTON Date: (.Q 01 0 _I FLOWER & LINDSAY 26 West High Street Carlisle, PA ro to FILED- OFFK?? 209 JU!l 23 3; -1 P?.? 33?: ad aid el oiy STACEY BOLTON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LA/fW NO. 0,7 _ L f V7 `' ' {rte SCOTT C. BOLTON, Defendant IN DIVORCE STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between STACEY A. BOLTON (hereinafter referred to as "Mother") and SCOTT C. BOLTON (hereinafter referred to as "Father") WHEREAS, the parties are the natural parents of the following one (1) child: Samantha Bolton, born April 23, 1996; WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their child; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as herein set forth, the parties stipulate and agree as follows: 1. Legal Custody: Mother and Father shall exercise shared legal custody of the child. Each parent shall have an equal right, to be exercised jointly with SAIDIS, FWNVER & LIlVDSAY 26 West High Street Carlisle, PA the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the child including, but not limited to, school and medical records and information. 2. Physical Custody: Mother shall exercise primary physical custody of the child. Father shall exercise periods of partial physical custody as follows: a) School Year: i) From after school, when the child shall get off the bus at his home, until the time that Mother retrieves her on her way home from work; and On alternating weekends, from Friday after school through Sunday at 4:00 p.m., when Father shall return the child to Mother's home; and b) Summer i) Monday through Friday on the days that Mother works, from approximately 7:30 a.m. to 4:30 p.m. Mother will be responsible for transportation for these days; and ii) During other overnight periods, as the parties may agree; iii) Mother shall exercise custody of the child during all other times not specified, including weekends and evenings. SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 3. Vacation: Each parent shall be entitled to take at least one (1) uninterrupted vacation week with the child, provided they vacation away from the home residence. Each vacation period shall extend for no more than seven (7) days. Said vacation should begin on the parent's regularly scheduled period of custody. For example, if Father chooses to exercise vacation, he should begin his vacation on his weekend, starting on Friday and returning on Friday. The vacationing parent shall provide thirty (30) days notice of the requested vacation time to the other parent. If both parents have chosen the same time for vacation the first parent to have chosen the time shall prevail. 4. Holidays: Fi ERR & LENDS" 26 West High Street Carlisle, PA a) Christmas: The parties agree to alternate this holiday. Beginning in 2008, during even numbered years, Father shall exercise custody of the child from Christmas Eve through Christmas Day at 1:00 pm, and Mother shall exercise custody of the child from Christmas Day at 1:00 pm through December 26th at 4:00 pm. In odd numbered years, Mother shall exercise custody of the child from Christmas Eve through Christmas Day at 4:00 pm, and Father shall exercise custody of the child from 4:00 p.m. on Christmas Day through 4:00 p.m. December 26th. The remaining period of the Christmas break shall be divided between the parties as the summer holiday in paragraph 2(b) above. b) Thanksgiving: Beginning in 2008, in even numbered years, Mother shall exercise custody of the child from Wednesday through Thanksgiving Day at 4:00 pm, and Father shall exercise custody of the child from Thanksgiving Day at 4:00 pm through Friday at 4:00 pm, when Father shall return the child to Mother's custody. During odd numbered years, Father shall exercise custody of the child from Wednesday through Thanksgiving Day at 4:00 pm, and Mother shall exercise custody of the child from Thanksgiving Day at 4:00 pm through Friday at 4:00 pm. Normal alternating weekend schedules shall apply for the remainder of the weekend in any year following Thanksgiving. c) Mother's Day and Father's Day and Parent's Birthday: Each parent shall exercise custody of the child for the respective holidays of Mother's Day, Father's Day or their individual birthdays, from 8:00 a.m. through 7:00 p.m. d) Other Holidays: If there are other holidays or days off from school the child has but Mother is unavailable or is working, and Father is available to care for the child, Mother shall offer the right of first refusal to provide care to the child to Father. In that event, Mother shall drop off the child to Father at 7:30 am and shall pick up the child on that day at 4:30 pm. Such holidays or days off may include Flag Day, or In Service days from school. However, if Mother is not working or is otherwise available to provide care for the child, the child shall stay with the Mother for those days off from school or other holidays. 5. Safety Provision: Each party agrees to ensure that the child is properly restrained in any vehicle that the child may be riding in. Further, Father agrees that if he purchases a motorcycle the child will not be permitted to drive this or ride as a passenger on this with Father. In addition, smoking is to be limited when the child is around; this means that the parties shall take precaution to smoke outside when they exercise custody of the child and shall request that third parties do the same. FWNVERR & LINDSAY 26 West High Street Carlisle, PA 6. Illness: The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 7. Disparaging Remarks: Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. This shall include directing third parties to refrain from making derogatory comments about or to the other parent in the presence of the child, which may injure the opinion of the child as to the other party or which may prevent the child from talking to the other parent as she may desire. 8. Telephone Calls: Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to a child, or preventing the child from calling the other parent. In addition, the child shall be permitted to access mail she may receive from her parents and both parents are hereby directed to refrain from preventing access to the mail from the other parent. 9. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 10. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in SAIDIS, FLOWER & LIlVDSAY 26 West High Street Carlisle, PA fact, have jurisdiction over the issue of custody of the parties' minor child. 11. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 12. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. ?/I 9 Aq DATE STACE BOLTON /' Ao I. r-Q VL;E C. 4;1?_.r DATE( SC T C. BOL O SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF CUMBERLAND On thisday of , 2009, before me, the undersigned, personally appeared SCOTT 4 BOLTON, whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NUDUM SEAL BARBARA & STBB4 NOINY PAHC Jm 7,20111 SAMIS, FLOMTRR & LINDSAY 26 West High Street Carlisle, PA COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND !Votary Public :SS. On this 04 4 day of , 2009, before me, the undersigned, personally appeared STACE A. BOLTON, whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 4otary Public NOWUMSEAL BARBARA L SUN, Ca Usk Baio, C ?rCaud%PA Conmriuku Ei*u Jose 7, 2011 _ FILE) "Ry ? F7lnr /11'4 i2 Y'`? ?tZ01 STACEY BOLTON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SCOTT C. BOLTON, : NO Aooq + 4a4? Defendant IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this VA day of , JLA-&-( , 2009, BETWEEN Scott C. Bolton, of 8182 Scenic Drive, Shippensburg, Franklin County, Pennsylvania, hereinafter referred to as Husband, AND Stacey A. Bolton, of 69 Rustic Drive, Shippensburg, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on, September 15, 1990, in Shippensburg, Franklin County, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County Commonwealth of Pennsylvania, to Number 9,00q- , Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R4: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: 1 (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action, and will execute and file the necessary documents to finalize the divorce after the expiration of ninety (90) days of the service of the Complaint and the moving party shall move for the entry of the divorce decree at that time. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 6 Courtney Drive, Shippensburg, Pennsylvania 17257. As of the date of execution of this Agreement, the parties have agreed to list this home for sale with Layne Thrush, of Remax Realty, a realtor agreed upon by them jointly. If the listing contract with Layne Thrush expires, and the parties are not able to agree upon selection of a realtor for relisting the property if it is not sold, the parties will use the services of George Ebener & Associates out of Shippensburg, Pennsylvania. The parties shall cooperate with the realtor in signing any and all listing agreements and continuations of agreements and agree to list the home for sale at the current fair market value to be determined by the realtor. The Wife shall have the ultimate decision making authority to reduce the sales price after consultation with the parties' realtor and Husband, if and when that should ever become necessary. 2 This property is encumbered with a mortgage due and owing to F&M Trust with a principal balance of approximately $84,000.00 requiring the monthly payment of approximately $752.00. The property is further encumbered by a Home Equity loan with an approximate balance of $10,000.00 requiring a monthly payment of approximately $169.00. From the date of separation forward the parties have agreed to share the cost of the mortgage and the home equity loan such that Husband shall make a monthly payment to Wife in the amount of $800.00 per month. Wife shall be responsible for maintaining payment for all household expenses, including but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. From the date of separation forward, neither party shall take any action to further encumber the real estate. Upon the sale of the real estate the parties agree that all mortgages and liens of record filed of record as of the date of separation shall be paid. The debt to Wife's parents in the amount of $7,500.00 also will be paid from settlement only upon the payment of those items. The net balance of the proceeds remaining after satisfaction of the aforementioned liens, mortgages and debt shall be divided equally between Husband and Wife. (4) DEBT: A. MARITAL DEBT: At the time of separation the parties were responsible for the following outstanding debts and obligations which were marital as follows: i. Dell Financial Services in the amount of $283.79; ii. Citi Card in the amount of $1,004.87; iii. Lowe's in the amount of $1,150.00; iv. Sears Credit Card in the amount of $3,381.88; and v. Discover Card in the amount of $1,536.05 The above marital debts were paid on or near the date of separation in full with funds borrowed from Wife's parents. Husband and Wife shall pay the sum of $7,500.00 to Wife's 3 parents from net proceeds from the sale of the real estate before distributing proceeds to themselves. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on August 25, 2008, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within fifteen (15) days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools 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 property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. 4 (7) BANK ACCOUNTS: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting produce position of any jointly held funds. If it is discovered that joint accounts exist the parties shall divide equally any funds in those accounts and promptly close those account within fifteen (15) days of execution of this Agreement. (8) PENSION AND/OR RETIREMENT INTEREST: Wife owns or has a retirement interest through her employment with the Beistle Company. Wife shall transfer $15,000.00 from her retirement account to an account in Husband's name individually. To effectuate this transfer, Wife's counsel shall prepare a Qualified Domestic Relations Order, if necessary. Wife shall provide all the necessary contact information within fifteen (15) days of execution of this Agreement. The parties shall cooperate with the execution of all documents necessary to comply with this provision. Husband accepts the sum, provided for herein, not subject to gain or losses, as of the date of the execution of this Agreement. Husband shall establish an account with an investment broker to receive the funds, and shall name the parties' daughter as the beneficiary of the account, with Wife as the trustee so long as the parties' daughter is a minor under the age of eighteen. Husband hereby waives relinquishes and transfers of his right, title, claim and interest he has or may have in any other of Wife's pension or retirement accounts that Wife may have in her name individually or may have secured through her present or prior employment. This includes the H&R Block IRA that Wife owns or has an interest in, titled in her name individually with an approximate date of separation balance of $840.00. Wife hereby waives, relinquishes and transfers of her right, title, claim and interest she has 5 or may have in Husband's pension or retirement account as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. (9) INVESTMENT ACCOUNT(S): The parties maintain that they do not own or have any interest in any investment account other than what has been disclosed herein regarding pension and/or retirement account. If it is discovered that an investment account exists which has not otherwise been disclosed and is not held for the benefit of the child, if funds have been contributed during the marriage, those funds shall be divided equally. The parties hereby waive, relinquish and transfer any and all right, title, claim or interest they may have to each other's investment account otherwise. The parties shall sign any documents necessary to close any joint investment accounts or otherwise separate these assets. The parties shall maintain any investment account held for the minor child custodial benefit and shall insure that both parties' names are listed as necessary signatories on any of those accounts. (10) SOCIAL SECURITY FUNDS: Husband currently receives disability funds for himself. By reason of this, additional funds are received for the benefit of the party's minor child, Samantha. Husband agrees that from the date of execution of this Agreement forward the monthly funds received from Social Security with all cost of living adjustments and increases for the benefit of the parties' minor child shall be directly deposited to Wife's account held at Member's First Federal Credit Union. (11) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (12) LIFE INSURANCE: The parties agree that Husband shall maintain the term life insurance policy currently owned in the amount of $75,000.00 naming the parties' child as the 6 beneficiary with the Wife as the guardian or payee representative. The beneficiary designation and payee representative shall be unaffected by the entry of any Decree in Divorce issuing between the parties. Husband shall be required to provide proof to Wife one time per year of said coverage and beneficiary designation upon Wife's request. (13) MEDICAL INSURANCE: From the date of separation forward, previously identified as August 25, 2008, Husband and Wife shall each be responsible for the cost of any unreimbursed medical expenses for themselves for all medical, dental, eye, and/or any other health related costs, to include and not be limited to psychological and counseling expenses. The parties shall be equally responsible for any and all unreimbursed medical expenses, including but not limited, to orthodontic, counseling, psychiatric, vision and dental that may be incurred for their daughter, Samantha. (14) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel, Stacey A. Bolton is represented by Marylou Matas, Esquire and, Husband has had the opportunity to seek counsel of his choice and being so advised has chosen to enter into this Agreement freely and voluntarily. (15) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (16) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or 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 7 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. The parties agreed to join in the filing of a joint 2008 Federal, state and local tax return. In the event that a joint tax return is filed and a deficiency is determined so that the parties owe funds to Federal, state or local taxes the parties shall be equally responsible for the payment of taxes due. In the event a refund is received, the parties shall divide the refund so that 1/3 is distributed to Husband and 2/3 is distributed to Wife, who has primary physical custody of the parties' minor child. (17) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (18) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in 8 this Agreement is specifically waived. (19) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (20) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (21) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now 9 owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (22) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (23) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance 10 but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (24) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (25) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (26) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. -(-I DD to SCOTT C. BOLT N 6/lg/Q ?, 60kL Date STACEY BOLTON 11 WITNESS: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS. On this day of , 2009, before me, the undersigned, personally appeared SCOTT C BOLTON, whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ary Public A BARBARA L STEEL, Notary Public Carlisle Boro, Cumberland County, PA M Commission ins June 7, 2011 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS> On this day of 2009, before me, the undersigned, personally appeared STACEY A BOLTON, whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. otary Public BARBARA E. STEEL, Notary Public Carlisle Born, Cumberland Coumy, PA M Commission Expires June 7, 2011 12 r OF C ,L.; ; tel. . NIB JU14 Zo i 9: +5 6 2 4 2009 6 STACEY BOLTON, IN THE COURT OF COMMON PLE Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. jo, yayy SCOTT C. BOLTON, Defendant IN DIVORCE ? ORDER COURT AND NOW, this ?4day of 20)9, the attached Stipulation and Agreement for Custody is hereby made an Order of Court. BY TH J. cc: Marylou Matas, Esquire Attorney for the Plaintiff Scott C. Bolton, pro se ,y, a 2? d L - a 8182 Scenic Drive -? Shippensburg, PA 17257 L SAMIS, LWDS ATIO WD's.AT•uw 26 West High Street Carlisle, PA rr :f a STACEY A. BOLTON, ; Plaintiff V SCOTT C. BOLTON, Defendant AFFIDAVIT OF SERVICE SAIDIS, FLOWER & LINDSAY AT-MRNM-AT-tAW 26 West High Street Carlisle, PA I, Marylou Matas, Esquire, being duly sworn according to law, hereby deposes and says that on June 25, 2009 she served a true and correct copy of the Divorce Complaint upon Scott C. Bolton, my mailing those documents to the his address at 8182 Scenic Drive, Shippensburg, PA 17257 by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, Scott C. Bolton. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-4244 CIVIL TERM IN DIVORCE Respectfully submitted, SAIDIS, FLOWER & LINDSAY Marylo tas, Esquire ID No. 84 9 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: (??Z9lGFl Counsel for Plaintiff ¦ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the cans to you. ¦ Attach this card to the back of the mailpiece, the front if space permits. 1. le Addressed to: X 0 Agent ? Addressee B. Received by ( rated Name) C. Date of Delivery 1 -- - v 1 j 1 %01- 4 D. Is delivery address different from Item 1? ? Ye: If YES, enter delivery address below: A No 3. Service Type ? CertlBed Mail ? Express Mail 0 Registered 0 Return Receipt for Merchandise ? Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number (1) 7003 1010 0001 118 9 5571 ansfer from service IabeQ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 FILED-•L),=FIDE OF THE PIIK?r ;?"?'TIAPY 2009 JUN 3D P; -i 2: 13 STACEY A. BOLTON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 010,0 9 _494if CIVIL TERM SCOTT C. BOLTON, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed June 23, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: /d :C2,1 - r.1ooq SCOTT C. OLTON DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER§ 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SAMIS, FLOWER & LENDS" 26 West High Street Carlisle, PA 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: /0 - oU - aloo/ 1--- ( _ SCOTT C. 901-TCIN OCT 2 6 2009 HFILEQ--01• OF TE PpLC."t MARY 2009 NON -2 PIS 1: 01 CUNT ?,;- 1NTY PENNSYLVANIA STACEY A. BOLTON, Plaintiff v SCOTT C. BOLTON, Defendant 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed June 23, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: 10 -14-0q IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ?00q-4;44 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT STACEY .BOLTON PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER§ 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: l0 -M-0q A . &kan STACEY .BOLTON jr THE P T I IOAMIARY 2009 NOV -2 PH 1: 01 OCT 2120119 PE`Jf S`fLMNLA STACEY A. BOLTON, Plaintiff SCOTT C. BOLTON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2009-4244 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on June 25, 2009, via certified restricted mail. Proof of service was filed with the Court on June 30, 2009. 3. Date Affidavit of Consent required under Section 3301(c) or (d) of the Divorce Code was signed: By Plaintiff: October 24, 2009 and filed with the Prothonotary on November 2, 2009. By Defendant: October 22, 2009 and filed with the Prothonotary on November 2, 2009. 4. Related claims pending: Resolved by the Marital Settlement Agreement dated June 19, 2009. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: October 24, 2009 and filed with the Prothonotary on November 2, 2009. By Defendant: October 22, 2009 and filed with the Prothonotary on November 2, 2009. SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY Marylo , Esquire Supreme detkt ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff ' L D 7. ?t,i_--C,s1 f`{v OF THE P^ "'-?IWOTAPY 2009 NOV -2 PH 1: 0 I PE: vINJYLVANIA