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HomeMy WebLinkAbout09-8659Or GARY L. ROTHSCHILD, ESQUIRE PA Supreme Court I.D. # 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 Tele. (717) 540-3510 Fax. (717) 540-3512 Glrothlaw@comcast.net Defendant STEPHEN E. TRASK, Plaintiff V. LINDA M. TRASK, Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW o NO. N- : gG,rq lj vi ( Term : 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 the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 I" GARY L. ROTHSCHILD, ESQUIRE PA Supreme Court I.D. # 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 Tele. (717) 540-3510 Fax. (717) 540-3512 Glrothlaw@comcast.net Attorney for Plaintiff STEPHEN E. TRASK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. o9? N. s'9 LINDA M. TRASK, Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR 3301(D) OF THE DIVORCE CODE AND NOW COMES the above named Plaintiff by his attorney, Gary L. Rothschild, Esquire, and seeks to obtain a decree in Divorce from the above n amed Defendant, upon the grounds hereinafter more fully set forth: COUNT I - DIVORCE 1. Plaintiff is Stephen E. Trask, who currently resides at 236 E. Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, having so resided since July, 2009. 2. Defendant is Linda M. Trask, who currently resides at 10 Belvedere Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, having so resided since January, 1998. 3. Plaintiff and Defendant are sui juris and have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 3, 1992, in Cumberland County, Pennsylvania. 5. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 6. There has been no prior action for divorce or annulment between the parties. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the United States or any of its allies. 9. The Plaintiff and Defendant are both citizens of the United States. 10. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff prays your Honorable Court to: a) enter a Decree in Divorce from the bonds of matrimony, and b) such other relief as the Court may deem equitable and just. Respectfully submitted, Date: 110/ By: Gary . Rothschild, Esquire Supreme Court I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Northwood Office Center Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff . . . . VERIFICATION 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. § 4904 relating to unsworn falsification to authorities. b le Stephen E. Trask rr ? 3ya . CO P p P^rr! C? 4D6 04 A36 la-Z t -'L ti RLED .i?-T`Ki,E lOTARY Barbara Sumple-Sullivan, Esquire Supreme Court #32317 2010 JAN 19 AM 8: 4 4 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CU°+? U.;1 Ty IN THE COURT OF COMMON MOW A STEPHEN E. TRASK, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09 - 8659 LINDA M. TRASK, CIVIL ACTION -LAW Defendant DIVORCE PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of Defendant, Linda M. Trask in the above-captioned matter. Dated: January 14, 2010 Barbara pl -Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Defendant 0% Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 STEPHEN E. TRASK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09 - 8659 LINDA M. TRASK, CIVIL ACTION -LAW Defendant DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of Praecipe to Enter Appearance, in the above-captioned matter upon the following individual(s), by United States first-class mail, postage prepaid, addressed as follows: Gary L. Rothschild, Esquire 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 DATE: January 14, 2010 t' Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Defendant GARY L. ROTHSCHILD, ESQUIRE Attorney for Plaintiff PA Supreme Court I.D. # 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 e-mail address: Glrothlaw@comcast.net Tele. (717) 540-3510, Fax. (717) 540-3512 STEPHEN E. TRASK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYANIA U V. CIVIL ACTION - LAW NO. 09-8659 CIVIL TERM = = ` 'J LINDA M. TRASK, Defendant IN DIVORCE - v' AFFIDAVIT OF SERVICE s- I, Gary L. Rothschild, Esquire, being duly sworn according to law, depose and say that I served a copy of the Complaint in Divorce, in the above-captioned matter, by depositing it in the United States mail, return receipt requested, addressed as follows: Ms. Linda M. Trask 10 Belvedere Drive Mechanicsburg, PA 17055 The return receipt card is attached hereto as evidence of servic. ........... :.:.. Date: By: r'Gary ' . Rothschild, Esquire Pa. Supr. Court I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Northwood Office Center Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff Sworn and Subscril d to before me this /Aday of January, 2010. NOTARY PUBLIC ONVULTM CF PZM SVLVMNA My Commission Expires: k WY S.?000OAMN Pa*n TWP., 040*1 C&Aty EMbn Mw 21,20f3 } GARY L. ROTHSCHILD, ESQUIRE PA Supreme Court I.D. # 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 e-mail address: Glrothlaw@comcast.net Tele. (717) 540-3510, Fax. (717) 540-3512 Attorney for Plaintiff STEPHEN E. TRASK, Plaintiff V. LINDA M. TRASK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-8659 CIVIL TERM IN DIVORCE ¦ Complete Items 1, 2, and 3. Also complete A. SIgnatqje Item 4 If Restricted Delivery is desired. X ? Agent ¦ Print your name and address on the reverse so that we can return the cans to you. B. Rec by ( printed Name) C. Date of Delivery ¦ Attach this card to the back of the.mailpiece, -Fr- or on the front if space permits. D. Is delivery address different from item 1? Yes It Article Addressed to: If YES, enter delivery address below: ? No Ms. Linda M. Trask 10 Belvedere Drive 3. Service Type Mechanicsburg, PA 17055 )CCertleed Mail ? Express mail ? Registered ? Return Receipt for Merchandise ? Insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) )eYes 2. Article Number 7006 276[1 0025 D451 9406 (iianeler from service labeq PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 SERVICE OF DIVORCE COMPLAINT Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 STEPHEN E. TRASK, Plaintiff v. LINDA M. TRASK, Defendant ~;' a` ; r . L 'J . ; j . 4. ~ F.. ('~ SA Y. . ~ ~. IN THE COURT OF CO1v~A~1OleTe~~l~ " ti -'-; CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 8659 CIVIL ACTION -LAW DIVORCE DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE AND COUNTERCLAIM COUNT I -DIVORCE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Defendant is without the knowledge as to form a belief as to the truth of this averment. 6. Admitted. 7. Admitted. 1 ~l!$•5o Pq A7M ~~ y~9~ ~#a~e~~ ~~,L 3 ~ 8. Admitted. 9. Admitted. 10. Admitted. WHEREFORE, Defendant requests this Court enter a divorce decree in her favor in accordance with the Pennsylvania Divorce Code. COUNTERCLAIM OF DEFENDANT/COUNTERCLAIM PLAINTIFF COUNT I FAULT DIVORCE 11. Paragraphs 1 through 12 of Defendant/Counterclaim Plaintiff's Answer to Complaint in Divorce and Counterclaim are incorporated herein by reference. 12. Defendant/Counterclaim Plaintiff is the innocent and injured party, and Plaintiff/Counterclaim Defendant has committed marital misconduct in the form of indignities/adultery against Defendant/Counterclaim Plaintiff. WHEREFORE, Defendant/Counterclaim Plaintiff requests this Court enter a divorce decree in her favor in accordance with the Pennsylvania Divorce Code. 2 COUNT II EQUITABLE DISTRIBUTION 13. The averments in paragraphs 1 through 12 of Defendant/Counterclaim Plaintiffs Complaint are incorporated herein by reference thereto. 14. The Defendant/Counterclaim Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Defendant/Counterclaim Plaintiff requests this Court to equitably divide said property in accordance with § 3501 of the Pennsylvania Divorce Code. COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 15. Paragraphs 1 through 14 of Defendant/Counterclaim Plaintiff's Answer to Complaint in Divorce and Counterclaim are incorporated herein by reference. 16. Defendant(Counterclaim Plaintiff requests the Court to enter an order granting support, alimony pendente lite and alimony to Defendant/Counterclaim Plaintiff as the Court deems reasonable pursuant to Sections 3701 and 3702 of the Divorce Code of 1980, together with any amendments thereto. 3 17. Defendant/Counterclaim Plaintiff lacks sufficient assets to provide for her reasonable needs and is unable to support herself fully through appropriate employment. 18. Plaintiff/Counterclaim Plaintiff has sufficient assets to provide continuing support, alimony pendente lite and alimony for Defendant/Counterclaim Plaintiff. WHEREFORE, Defendant/Counterclaim Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT IY ATTORNEY'S FEES AND COSTS 19. Paragraphs 1 through 18 of Defendant/Counterclaim Plaintiffs Answer to Complaint in Divorce and Counterclaim are incorporated herein by reference. 20. Defendant/Counterclaim Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as caunsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Defendant/Counterclaim Plaintiff requests an award of 4 attorney's fees and expenses. WHEREFORE, Defendant/Counterclaim Plaintiff, Linda M. Trask, prays this Honorable Court to enter judgment: A. Awarding Defendant/Counterclaim Plaintiff a decree in divorce; B. Equitably distributing the marital property; C. Awarding Defendant/Counterclaim Plaintiff support, alimony and alimony pendente liter D. Awarding Defendant/Counterclaim Plaintiff counsel fees, costs and expenses; and E. Awarding other relief as the Court deems just and reasonable. Respectfully submitted, //f,~, / ~~ /~~ DATE: September 17, 2010 ~ ~~%' ~ ~_ Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Defendant 5 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 STEPHEN E. TRASK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. LINDA M. TRASK, Defendant NO. 09 - 8659 CNIL ACTION -LAW DIVORCE VERIFICATION I, Linda M. Trask, hereby certify that the facts set forth in the foregoing Pleading 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 unsworn falsification to authorities. Dated: - - ~ o ~~ , ~'-~ l~t~c~l~~ INDA M. TRASK Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 STEPHEN E. TRASK, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v• NO. 09 - 8659 LINDA M. TRASK, :CIVIL ACTION -LAW Defendant :DIVORCE 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 Answer to Complaint in Divorce and Counterclaim in the above-captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA DATED: September 17, 2010 r Barbara Sumple-Sullivan, Esquire Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 ~;, ff 6 STEPHEN E. TRASK, Plaintiff V. LINDA M. TRASK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-8659 CIVIL TERM : IN DIVORCE Defendant PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE To the Prothonotary: Please withdraw the appearance of the undersigned as counsel for the Plaintiff in the above-captioned matter. Date: ?lz, 12,01e) Garyx. Rothschild, Esquire PA Supreme Court I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Northwood Office Center Harrisburg, PA 17112 Tele. (717) 540-3510 Please enter my appearance as counsel for the Plaintiff in the above-captioned matter. Date: 9 L 4 7/t O New Cumberland, PA 17070 Tele. (717) 770-1277 J 71 rri - ..<> CO -- ?.. C:k C"I PA Supreme Court I.D. No. 62063 619 Bridge Street STEPHEN E. TRASK Plaintiff V. LINDA M. TRASK Defendant 20,12 MAR 30 PH !: 1 UMBERLAND ti'OU PENNSYLVANILA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-8659 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Stephen E. Trask, Plaintiff, moves the court to appoint a master with respect to the following claims: X Divorce _Annulment X Alimony X Alimony Pendente Lite X Distribution of Property -Support X Counsel Fees X Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim (s) for which the appointment of a master is requested. 2. The plaintiff has appeared in the action by his / her attorney, Steven Howell, Esquire 3. The statutory ground (s) for divorce are 3301(c), 3301(d) 4. Delete the inapplicable paragraph (s): A X B X C _ a. The action is not contested. b. An agreement has been reached with respect to the following claims: c. The action is contested with respect to the following claims: Divorce, distribution of property, alimony, counsel fees, alimony pendente lite, costs and expenses. The action does not involve complex issues of law or fact. The hearing is expected to take One (1) day (s). Additional information, if any, relevant to the motion: None. Date: 3 XY) t Z rney f laintiff Steven Howell, Esquire ORDER APPOINTING MASTER AND NOW , 20 , Esquire, is appointed master with respect to the following claims: By the court, J. STEPHEN E. TRASK Plaintiff V. LINDA M. TRASK Defendant ? ?L1 ?3{`"{ p;IE RCT1113N:iI, ;a 2 12 MAR 30 PM I: I .LF CUMBERLAND CUU T' ` PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-8659 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Stephen E. Trask, Plaintiff, moves the court to appoint a master with respect to the following claims: X Divorce X Distribution of Property -Annulment -Support X Alimony X Counsel Fees X Alimony Pendente Lite X Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim (s) for which the appointment of a master is requested. 2. The plaintiff has appeared in the action by his / her attorney, Steven Howell, Esquire 3. The statutory ground (s) for divorce are 3301(c), 3301(d) 4. Delete the inapplicable paragraph (s): A X B X C - a. The action is not contested. b. An agreement has been reached with respect to the following claims: -0 ZK c. The action is contested with respect to the following claims: rn v Divorce, distribution of property, alimony, counsel fees, alimon ente'ite," c costs and expenses.' 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take One (1) day (s). ? p 7. Additional information, if any, relevant to the motion: None. Date: _3 A::y2 Z- .? rney f laintiff Steven Howell, Esquire ORDER APPOINTING MASTER AND NOW &/ta;L , 20 A , f y? t E quire, is appointed master with respect to the following claims: j:Q? aA-i `/ 54 e ur_;,, No uac it, jq. aa r k, t c, : iu 1-p /C J `4-/ 6P'Ies ma.leof qlglld nvL By ' ?7• J. . , STEPHEN E. TRASK, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. LINDA M. TRASK, NO. 2009 - 8659 CIVIL TERM - ? DEFENDANT CIVIL ACTION - DIVORCE ,.rra PLAINTIFF' S PRE-TRIAL STATEMENT ' ASSETS OF THE PARTIES ' Description of Property Owners' Names Marital Value 10 Belvedere Drive Husband $10,000.00 * Mechanicsburg, PA 17055 2 IRAs both at RBS Husband $10,000.00 Wife $10,000.00 Commerce/Metro H and W $ 2,000.00** 1999 Chevrolet Express H $ 2,180.00*** 1999 Mercedes ML SUV H $ 5,180.00*** 2002 Mercedes CLK Sedan H $ 8,645.00*** Household Contents H and W $10,000.00**** Husband's Personal Property H $ 3,000.00 * Purchased for $135,000.00 in January 1997. Present loan with GMAC Mortgage is approximately $125,000.00. Present value estimated to be $160,000.00 according to real estate agents who have looked at the property. Property was left in a filthy and deplorable condition by Wife which Husband paid to clean up with five (5) 20 and 30 yard dumpsters. Property not yet listed for sale because Wife will be unlikely to cooperate in any reasonable way. Wife even removed landscaping and left holes in the front yard as a final act to dissipate the home's value. Husband has spent $15,000.00 to $20,000.00 to simply restore the home to a marketable condition after Wife "trashed" the home. When Husband entered the home in December 2011/January 2012 after Wife moved to a rental property he found sweet potatoes rotting on the kitchen floor. Husband must be reimbursed for his costs in cleaning up the property and then the balance is available for equitable distribution. ** At the time of separation the parties had a joint account. Husband deposited his entire paycheck into this account after they separated in October 2008 and Wife enjoyed complete and unfettered access to the account for approximately twelve (12) months until the Fall of 2009 when the Divorce Complaint was filed. Husband lived off his inheritance during this period because his entire paycheck went to Wife. *** Values at time of separation. Wife used and abused the 1999 Van and 1999 Mercedes SUV from the time of separation in October 2008 until she recently abandoned the vehicles. Husband retrieved one vehicle from the garage where she had left it abandoned. * * * * Wife took all contents (washing machine, dryer, chest freezer) of the home when she moved to the rental in December 2011. Plaintiff reserves the right to submit a vehicle appraiser and/or the NADA blue book value or real estate/personal property appraiser in advance of trial. NON-MARITAL PROPERTY Description of Property Husband's Inheritance from Diane K. Trask who passed away in 2007. All funds from the inheritance have been kept separate and in Husband's name alone. 236 East Main Street Husband $190,000.00 (Present) Mechanicsburg, PA 17055 Purchased entirely with inheritance funds in 2008 for approximately $230,000.00. Husband resides in this home at the present time. PROPERTY TRANSFERRED Description of Property Husband's friend was added to the deed for the non-marital home located at 236 East Main Street, Mechanicsburg, Pennsylvania. LIABILITIES Description of Property Creditor's Name Debtors' Names Amount Marital Home Mortgage GMAC Husband $125,000.00 WITNESSES Stephen E. Trask on direct testimony will testify as to the matters set forth in the Inventory, Pleadings, Discovery and this Pre-Trial Statement. Linda M. Trask will be called as if on cross-examination as to the matters set forth in the Inventory, Pleadings, Discovery and this Pre-Trial Statement. Plaintiff reserves the right to supplement this list prior to time of trial including the services of a personal property appraiser for the household contents. PARTIES' INCOME The parties' income is set forth in a separate action before Domestic Relations and is attached hereto as Exhibit "A". It is worth noting that - as an example of Wife's intransigence - when the Support Master in June 2011 calculated his award he assumed Husband would receive all three children as exemptions. Wife took it upon herself to take the exemptions in April 2012 claiming that the Order did not expressly award the exemptions to Husband so clearly she was entitled to take this action. This resulted in a series of pleadings which were completely unnecessary if Wife and her counsel simply acknowledged that a typographical omission from the Order (in the face of clear evidence that the calculation sheets allocated the exemptions to Husband) should not form the basis for a "gotcha" moment. Unfortunately this is the history of the case. The end result of Wife's actions is that the parties will have to conduct a new examination of the 2011 income resulting in thousands of - unnecessary - legal fees. PLAINTIFF'S EXPENSES Plaintiff will complete and submit an Income and Expense Statement prior to the time of trial. EXHIBIT LIST Aside from the documents attached hereto, Plaintiff reserves the right to introduce in direct or cross examination any documents exchanged during discovery in this matter. PROPOSED RESOLUTION 1. Equitable distribution of all marital assets as set forth above to Wife in the ratio of 55% to Wife versus 45% to Husband. 2. Wife does not require anv alimony as Husband has provided ample support for her to complete her education. An award of $6,000.00 in Husband's counsel fees for Wife's intransigence throughout the case. 4. Wife's reimbursement to Husband of all fees he incurred to clean up the marital home she occupied from the Fall of 2008. Wife's reimbursement to Husband of/2 of the mortgage, taxes, insurance, utilities and upkeep for the marital home since she moved out in December 2011. The monthly mortgage/taxes/insurance/utilities and upkeep is approximately $1,750.00 per month. Respectfully submitted, By: St en Howell, Esejuye owell Law Firm 619 Bridge Street New Cumberland, PA 17070 Supreme Court I.D. 62063 (717) 770-1277 Plaintiff's Counsel Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 B Date: June 21, 2012 LINDA M. TRASK, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION STEPHEN E. TRASK, PACSES NO. 409112021 Defendant DOCKET NO. 944 SUPPORT 2010 INTERIM ORDER OF COURT AND NOW, this 16th day of June, 2011, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. For the period of October 22, 2010 through December 31, 2010, the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his children, Ian A. Trask, born June 28, 1995, Meredith M. Trask, born June 18, 1997, and Deirdre Q. Trask, born December 9, 1998, the sum of $2,606.00 per month. B. Effective January 1, 2011 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit for support of said children the sum of $2,702.00 per month. C. For the period of October 22, 2010 through December 31, 2010 the Ue f endarA shall pay to the Pennsylvania State Collection and Disbursement Unit as usal sJ*or-t the sum of $2,874.00 per month. D. Effective January 1, 2011 the Defendant shall pay to the Pennsylvanij tate 0- Collection and Disbursement Unit as spousal support the sum of $3,1:. per-O month. r., r -4 o W E. The Defendant is given a credit towards arrears in the amount of $6,8b` k. --J F. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional amount of $500.00 per month on arrears. G. The Defendant shall provide health insurance coverage for the benefit of his wife and children as is available to him through employment or other group coverage at a reasonable cost. H. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said spouse and children. Unreimbursed medical expenses of the spouse and children that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31" of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 94% by Defendant and 6% by Plaintiff. Counseling expenses for the children shall be included as unreimbursed medical expenses. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOIL' SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT, UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYO'R'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Court,% Edvyae% o,`-1. Cc: Linda M. Trask Stephen E. Trask Barbara Sumple-Sullivan, Esquire For the Plaintiff Steven Howell, Esquire For the Defendant DRO/kmb LINDA M. TRASK, Plaintiff V. STEPHEN E. TRASK, Defendant u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION PACSES NO. 409112021 DOCKET NO. 944 SUPPORT 2010 SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on May 26, 2011, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Linda M. Trask, who resides at 10 Belvedere Drive, Mechanicsburg, Pennsylvania. 2. The Defendant is Stephen E. Trask, who resides at 63 Hellam Drive, Mechanicsburg, Pennsylvania. 3. The parties were married on October 3, 1992. 4. The parties are the parents of three minor children, Ian A. Trask, born June 28, 1995, Meredith M. Trask, born June. 18, 1997, and Deirdre Q. Trask, born December 9, 1998, all of whom reside with the Plaintiff. 5. The parties separated on October 12, 2008. 6, On October 22, 2010 the Plaintiff filed a complaint for spousal and child support 7. The Defendant does not contest the Plaintiff's entitlement to spotfs4uppo> 8. The Plaintiff is not currently employed. T c 9. The Plaintiff is 52 years of age. 10. The Plaintiff suffers from Grave's disease , an autoimmune disorder'ich affWts the thyroid gland. - 0 --' 11. The Plaintiff s symptoms include weight l oss, dry eyes, swelling of hands and feet, tremors, and rapid heartbeat. 12. The Plaintiff takes prescribed medication for her condition. 13. The Plaintiff has not worked full-time outside the home since 1997, EXHIBIT "A" 1A__- 14. The Plaintiff was employed in a clerical capacity by the Commonwealth of Pennsylvania prior to leaving that employment in 1997. 15. In 2010 the Plaintiff worked part-time as a preschool teacher at St. Peter's Church. 16. The Plaintiff has a bachelor's degree in elementary education but is not certified as a teacher in Pennsylvania. 17. The Plaintiff began pursuing a master's degree in counseling at Messiah College in the 2010 spring semester. 18. The Defendant paid the Plaintiff's tuition for the 2010 spring semester. 19. The.Plaintiff's Glasswork is primarily conducted on-line. 20. The Plaintiff devotes approximately 30 hours per week to her educational pursuit. 21. The Plaintiff is on a three-year track to complete her degree. 22. The Defendant is 47 years of age. 23. The Defendant is employed as a financial consultant by RBC Wealth Management. 24. The Defendant had gross earnings in 2010 of $213,022.00. 25. Through the pay period ending May 31, 2011 the Plaintiff has had gross earnings of $95,786.00 based upon commissions of $105,760.00. 26. Deducted from the Defendant's commissions are monthly payments totaling $2,294.00 made to two other RBC employees who assist the Defendant in his work. 27. In 2010 the Defendant had capital gains of approximately $52,000.00. 28. In 2010 the Defendant had interest and dividend income of approximately $3,620.00. 29. The Plaintiff resides in the marital residence. 30. The residence is titled in the Defendant's name only and is subject to a mortgage also in his name. 31. The Plaintiff pays the monthly mortgage, which includes taxes and insurance, in the amount of $1,137.00. 32. The three children receive counseling and the youngest child is undergoing orthodontic treatment. 33. The Defendant pays $822.00 per month in health insurance premiums covering himself, his wife, and the children. 2 34. The Defendant paid the mortgage on the marital residence during the months of October through December, 2010. 35. The Defendant made direct cash payments to the Plaintiff totaling approximately $4,211.00.' DISCUSSION Both parents have an obligation to support their children in accordance with their relative incomes and ability to pay. Depp v. Holland, 636 A.2d 204 (Pa. Super. 1994). In determining a parent's ability to support his or her children, the focus is on earning capacity, not on actual earnings. Mooney v. Doutt, 766 A.2d 1271 (Pa. Super. 2001). A party's earning capacity is that amount he or she can realistically be expected to earn under the circumstances considering his or her age, health, physical and mental condition, education and training. Riley v. Foley, 783 A.2d 807 (Pa. Super. 2001). The Plaintiff has no current income. The Plaintiff is enrolled full-time in a master's degree program at Messiah College. The program is conducted primarily on-line. She devotes at least 30 hours per week to her educational pursuit. Although she suffers from an autoimmune disorder, no testimony was presented that supports her argument that her condition precludes her from gainful employment. She is a college graduate with prior clerical experience and minimal experience as a preschool teacher. She is proficient with a computer. Under these circumstances an earning capacity of $628.00 per month will be imputed to her based upon 20 hours of work per week at $7.25 per hour. Withatax-fihng status of head of household, the Plaintiff's net monthly earning capacity is $818.00.2 In 2010 the Defendant had gross annual earnings of $213,022.00, capital gains of $52,010.00, and income from interest and dividends of $3,620,00. The capital gain income was a one-time unusual event that is not expected to reoccur. For support purposes it will be prorated through December, 2013 (38 months), thereby adding $1,369.00 per month to, the Defendant's gross income. The Defendant's total gross monthly income for support purposes in 2010 is $19,423.00. With a tax filing status of married/separate and three children claimed as dependency exemptions, and deducting 80% of his monthly health insurance premium from his gross income pursuant to Pa. R.C.P. 1910.16-6(b)(4), the Defendant had net monthly income for support purposes in 2010 of $13,005.00.3 With combined net monthly income of $13,823.00 the basic requirement for the support of three children is $2,770.00 per month.4 The Defendant's proportionate share of that amount is $2,606.00. With the incomes as set forth above and a child support obligation of $2,606.00, the Defendant's obligation for spousal support is $2,874.00.5 1 The sum of $3,232.00 was paid after the date of filing. The sum of $979.00 was prorated for the period of October 22 through October 31, 2010. z See Exhibit "A." Because of the earned income credit, the Plaintiff's net monthly earning capacity exceeds the gross. 3 See Exhibit "A" for the tax deductions from gross income. 4 See Pa, R.C.P. 191.0.16-3. 3 See Exhibit "B" for the guideline calculation. 3 In 2011 the Defendant's average gross monthly income from employment increased to $19,157.00. Adding the prorated capital gains and the interest/dividend income increases his total monthly gross income to $20,828.00 and his net. monthly income to $13,869.00. His child support obligation increases to $2,702;00 and his spousal support obligation increases to $3,105.00 in 2011.6 The Plaintiff has requested that the Defendant be required to pay her educational expenses at Messiah College as part of his spousal support obligation. However, she has cited no authority supporting this request. The children are all undergoing counseling. The expenses for counseling would be included as unreimbursed medical expenses. RECOMMENDATION A. For the period of October 22, 2010 through December 31, 2010, the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his children, Ian A. Trask, born June 28, 1995, Meredith M. Trask, born June 18, 1997, and Deirdre Q. Trask, born December 9, 1998, the sum of $2,606.00 per month. B. Effective January 1, 2011 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit for support of said children the sum of $2,702.00 per month. C. For the period of October 22, 2010 through December 31, 2010 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as spousal support the sum of $2,874.00 per month. D. Effective January 1, 2011 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as spousal support the sum of $3,105.00 per month. E. The Defendant is given a credit towards arrears in the amount of $6,864.00. F. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional amount of $500.00 per month on arrears. G. The Defendant shall provide health insurance coverage for the benefit of his wife and children as is available to him through employment or other group coverage at a reasonable cost. H. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said spouse and children. Unreimbursed medical expenses of the spouse and children that exceed See Exhibit "C" for the guideline calculation. 4 $250,00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31" of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 94% by Defendant and 6% by Plaintiff. Counseling expenses for the children shall be included as unreimbursed. medical expenses. Date Michael R. Rundle Support Master M.the Court of Coml'on Pleas of Cumberland Bounty, Pennsylvania Tax Detall Report Plaintiff Name: Linda M. Trask Defendant Name: Stephen E. Trask Docket Number: 944 S 2010 PACSES Case Number: 409112021 Other State ID Number: Tax Year: Current: 2011 Defendant ff • `' 1. Tax Method 1040 ES Manual 2. Fling Status Single Head of Household 3. Who Claims the Exemptions Obl igor 4. Number of Exemptions 4 1 5. Monthly Taxable Income $19422.50 $628.00 6. Deductions Method Standard Standard 7. Deduction Amount $483.33 $708.33 8. Exemption Amount $1,233.32 $308.33 9. Income MINUS Deductions and Exemptions $17,705.85 -$388.66 10. Tax on Income $4,584.34 - 11. Child Tax Credit $249.99 _ 12. Manual Adjustments to Taxes _ 13. Federal Income Taxes $4,334.35 -$250.83 13 a. Earned Income Credit $.17 $2541.$3 14. -lno a Taxes $596.2 $19:28 15. FICA Payments $651.05 $35.49 16. City Where Taxes Apply --Select-- --Select-- 17. Local Income Taxes $177.52 $6.28 TOTAL Taxes $5,759.19 -$189.78 SupportCalc 2011 EXHIBIT "A" In the Court ofb&rmmon Pleas of Cumberland Couhi, Pennsylvania Support Guideline Worksheet (Revised May 12, 2010) Rule 19101§:1,1t seq. Defendant Name: Stephen E. Trask Docket Number: 944 S 2010 PACSES Case Number: 409112021 Plaintiff Name: Linda M. Trask Other Case ID Number: Defendant Plaintiff 1. Number of Depend ents in this Case - 3 ! 2. Total Gross Monthly Income $19422.50 _ - - .. j $628.00 3. Less Monthly Deductions 6,417 19 ! -$189.78 -_.....__...__...._.........._._............___........._..._...........-_........._._...._.._._-.__._.....___........_.___......__..__...__ 4. Monthly Net Income __..____._ $13,005.31 _ $817 78 Line 2 minus Line 3 , 5. Combined Total Monthly Net Income $13 823 09 Amounts on Line 4 Combined , . 6. Plus Child's Monthly Soc. See. Retirement or Disability Derivative Benefit. 7. Adjusted Combined Total Monthly Net Income _ ? ` __ -8 PRELIMINARY Child Support Obligation based on_Adlusted Income (Line 7) __ __ - ..... _.... 9. Less Child's Monthly Social Security Retirement or Disability Derivative _ Benefit Line 6 10. Basic Child Support Obligation f $2 770 00 From Rule 1910.16-3 Basic Child Support Schedule (Tabl@ R@V: S/201 J , . 11. Net Income as a Percentage of Combined Amount 94.08 5.92 12. Each Parent's Monthly Share of the Child Support Obligation $2,606.02 i $163.98 13. Adjustment for Shared Custody Rule 1s1o,1s-4 (c? (# of ovemi?hts. I - 14. Adjustment for Child Care Expenses Rule 1910.16-6 a - 15...Adjustmentfor Health Insurance Premiums Rule 1so_1s•s.f..b)....._ ......._.._ -- 16. A, dlustment for Unreimbursed Medical Expenses Rule 1910.16-6 (c) 17. AdJustment for Additional Expenses Rule 191o.16-6 (d) - 1$. Total .. i. to it Adjustments Line 12 minus Line 13, plus Lines 14,15 16,17 $2,606.02 1$1ewe SoIIt Custody Counterclaim Rule 1910.1s 4 (d) - 20 Obligor's Suppor t Obligation Line 18 minus Line 19, __ - --J $2,606.02 -- Prepared by mrr Date: 6/14/2011 Summary Report S1. PACSES Multiple Family Adjustment - .... ... ....... . .. ..... _.._..._... __......._.. S2 Seousal Suppo?t Award __.. ..... ......... . .. _ ....... .._.$2,874.45_ S3 Adjustment for Excess Mortgage Payments (If Applicable) - . _._....... ...... ....._ .. S4. Custodial Parent Spousal Su _ pport Obligation (if Applicable) (-) S5. Adjusted Support Obligation Monthly: Weekly: Line 20 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) $5,48-0.47 1.261.33 FAX III RMATIf N Tax Method . S6 Defenelant - 1040 ES Single __...._ __-4__ S7.. NAl.ntiff ........ .........._......... Manual Head of Household 1 S8. Total Support Amount if Deviating from Guidelines Calculation ( Monthly: ( we idy: S9. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: Supportealc 2011 EXHIBIT "B" In the Court of bulnmon Pleas of Cumberland Couthi, Pennsylvania Support Guideline Worksheet (Revised May 12, 2010) Rule_ 1910. t 61 1 et Defendant Name: Stephen E. Trask Docket Number: 944 S 2010 PACSES Case Number: 409112021 Plaintiff Name: Linda M. Trask Other Case ID Number: Defendant Ptarrifl _ 1 Number of Dependents in this Case . _ ____..._ _.._.. __..._..__.___ ... ... .........._ _ .. ... .. ? 3 _ _ _..._. . _... . ... . . . . . __.. __w_..._.._ __ . 2. Total Gross Monthly Income $20827.70 __ .._.........____..___.._...._.. $628.00 3Less Monthly Deductions -_._.._.._.._._...__...______.....W ___..-..____.._._-_._..___..._ __.-_... _......_....__.._....____.....__ $6,958.48 x$189.78_ 4. Monthly Net Income $13,869.22 $817.78 Line 2 minus Line 3 5. Combined Total Monthly Net Income $14,687.00 Amounts on Line 4 Combined 6. Plus Child's Monthly Soc. Sec. Retirement or Disabilit Derivative Benefit. 7. Adjusted Combined Total Monthly Net Income - 8. PRELIMINARY Child Support Obligation based on Adiusted Income Line 7) Y - 9. Less Child's Monthly Social Security Retirement or Disability Derivative (_) - - - Benefit Line 6 10. Basic Child Support Obligation $2 861.00 From Rule 1910.16-3 Basic Child Su port Schedule Table Rev. 512010 , 11. Net Income as a Percentage of Combined Amount 94.43 a 5.57 12. Each Parent's Monthly Share of the Child Support Obligation $2,701.64 ; $159.36 13: Adjustment.for-Shared Custody Rule.191o:.16-4 (.c).. (n of overnights: „ ,? - ......... _.._............_ 14. Ad ustment for Child Care Expenses Rule 1910.16-6 (a) - A. Adjustment-for Health Insurance Premiums Rule 1s10.1s-6 (b) - 16. Adjustment for Unreimbursed Medical Expenses Rule 1910.16-6 (c) - 17. Adlustment for Additional Expenses Ruie 1910.1s_s (dJ ..... _.....- ............................... _...... ........ _ _ . _.._...................... 18. Total g§ lon with Adjustments Line 12 minus Line 13, plus Lines 14,15,16,17 .........._ ......__ 701.64 jEtess_30l1FC7"tody Counterclaim Rule 1910.16-4 (d) .... ...... _...... _................ ............. . 20. Obligor's Support Obligation Line 18 minus Line 19, __ $2 701.64 Prepared by mrr Date 6/14/2011 S9. Justification for Deviating from Guidelines Calculation and/or Other Case Comme SupportCalc 2011 EXHIBIT "C" STEPHEN E. TRASK IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW LINDA M. TRASK NO. 09-8659 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c)of the Divorce Code was filed on December 16,2009. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904,relating to unsworn falsification to authorities. Date: —Z o —.Z o 1-7 �7 tephen E. Trask, Plaintiff czzz c -per w � rn M M- rte- 57 C= C cz 3 STEPHEN E. TRASK IN THE COURT OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . V. CIVIL ACTION-LAW LINDA M. TRASK NO. 09-8659 CIVIL TERM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER§3301(c)OF THE DIVORCE CODE 1. I consent to the entry of the 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904,relating to unworn falsification to authorities. Date: Stephen E. Trask,Plaintiff MW mm rn w C �. � C Barbara Sumple-Sullivan,Esquire Supreme Court#32317 549 Bridge Street New Cumberland,PA 17070 (717)774-1445 STEPHEN E. TRASK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-8659 LINDA M. TRASK, CIVIL ACTION -LAW Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST �-a ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE -0 cv o 1. I consent to the entry f a final decree of divorce without notice.rY C:,. 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 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: L DA M. TRASK Barbara Sumple-Sullivan,Esquire Supreme Court#32317 549 Bridge Street New Cumberland,PA 17070 (717)774-1445 t; STEPHEN E. TRASK, IN THE COURT OF COMMON PLC �;' Plaintiff CUMBERLAND COUNTY, PENNVVA`�IA' r -0 N ) V. NO. 09-8659 C:) CD LINDA M. TRASK, CIVIL ACTION- LAW Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 16, 2009. 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. unworn falsification to authorities. r- DATE: �' lea- -7 ?> L NDA Me TRASK. STEPHEN E. TRASK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs . NO. 09 - 8659 CIVIL LINDA M. TRASK, Defendant IN DIVORCE ORDER OF COURT AND NOW, this /71/ day of &e,,AL:eZi.i___, 2013, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated September 18, 2013 , the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, • 41441, Key' A. Hess, P.J. cc: /SSteven Howell A torney for Plaintiff Barbara Sumple-Sullivan Attorney for Defendant { t Wes/ 1'- f ' -_-_ ...ter i 7 r /C)/(7//3 _.` =J i` --3-711 L C PROPERTY SETTLEMENT AGREEMENT "'T j 11 ': } r't. " SYINA HI THIS AGREEMENT,made this day t �`��'') day of SctiMber ,2013 by and between LINDA M. TRASK of Cumberland County,Pennsylvania(hereinafter referred to as"WIFE")and STEPHEN E.TRASK of Cumberland County,Pennsylvania (hereinafter referred to as"HUSBAND"): WITNESSETH: WHEREAS,the parties were married on October 3`d, 1992 Cumberland COUNTY,PENNSYLVNIA 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 fmancial and property rights and obligations as between each other,including without limitations 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 alimony and/or maintenance of WIFE by HUSBAND or the HUSBAND by wife;and in general,the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW,THEREFORE,in consideration of the 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 agrees 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,restraints or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabitate 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 .4, of either HUSBAND oI 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 party shall molest the other or attempt to endeavor to molest the other,nor compel the other to cohabitate with the other,or in any way harass or malign the other,nor in any way interfere with the peaceful existence, separate and apart from each other. 3. AGREEMENT NOT A BAR TO DIVORCE: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a limited or absolute 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 did file a Complaint in Divorce in the Court of Common Pleas for Cumberland County docket No. 09-8659,claiming inter alia,that the marriage is irretrievably broken under Section 3301(c)of the Pennsylvania Divorce code. HUSBAND and WIFE hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits of Consent or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c)of the Divorce code. 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 and debts of the parties,alimony pendent lite and alimony,spousal support,counsel fees and expenses,if applicable,are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Pk/ 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 Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in such decree,judgment,order or further modification or revision thereof shall alter,amend or vary any terms 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 be forever binding and conclusive upon the parties. HUSBAND shall prepare at his sole cost for execution by the parties all Affidavits of Consent and Notice of Waiver Forms as well as the Praecipe to Transmit the Record in order to obtain a No Fault Divorce. The parties shall sign the aforementioned Affidavits and Waivers simultaneously with the execution of this Property Settlement Agreement. 5. ENFORCEMENT: The parties acknowledge that this Agreement is a contract and is enforceable under Pennsylvania contract law. The parties further agree that should a decree,judgment or order of divorce be obtained by either of the parties in this or any other state, county or jurisdiction,this Agreement may be enforced to the same extent as though it had been an Order of the Court,and the parties hereby expressly invoke and acknowledge the applicability of Sections 3104,3105 and 3502,as amended, of the Pennsylvania Divorce Code in furtherance hereof. 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 on 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. ( ' 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 legal or equitable 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,torts,engagements or liabilities of such or by way of dower or courtesy,or claims in the nature or dower or courtesy or widow's or widower's rights,family exemption or similar allowances,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, or all rights or 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 maintentance,alimony, alimony pendent lite,counsel fees,spousal support, property division,cost and expenses,whether arising as a result of marital relations 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. 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 only 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. It is further agreed that this Agreement shall be and does constitute a full 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 pendent lite,spousal support or other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction or any other contract,equity or tort actions or claims. V f 9. ADVICE OF COUNSEL: HUSBAND has been represented by Steven Howell,Esquire,of 619 Bridge Street,New Cumberland,Pennsylvania 17070. WIFE has been represented by Barbara Sumple Sullivan,Esquire, of 549 Bridge Street,New Cumberland,Pennsylvania 17070. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence or 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. The parties have voluntarily provided this information and have engaged in extensive formal discovery as provided by Pennsylvania law. 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. HUSBAND and WIFE have enjoyed ample opportunity to consult with an attorney of his/her choosing prior to his/her execution of this Agreement. 10. WARRANTY AS TO EXISTING OBLIIGATIONS:, Each party represents that they have not heretofore incurred or contracted for any debt or liabilities or obligations for which the estate of the other party may be responsible or liable except as provided for in this Agreement. Each party agrees to indemnify and hold the other pary harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them,including those for necessities, except for the obligations arising out of this Agreement. 11. DEBTS: HUSBAND and WIFE shall each be solely responsible for any debts or credit cards in their name atone. WIFE shall be solely responsible for all credit cards or debts for which she is the primary cardholder and she shall hold • HUSBAND harmless from any claims, suits,or judgments for these debts. HUSBAND shall be solely responsible for all credit cards or debts for which he is the primary cardholder and he shall hold WIFE harmless from any claims,suits,or judgments for these debts. Each party represents to the other party that they have made a full and complete disclosure of all applicable debts in writing prior to the date of execution of this Agreement. 12. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant,warrant,represent and agree that with the exception of obligation 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 executions date of this Agreement,except as may be otherwise specifically provided for by the terms of this Agreement. 13. DIVISION OF REAL AND PERSONAL PROPERTY: HUSBAND and WIFE agree to the following division of marital real and personal property as set forth below: To Wife: Metro Bank Escrow Account(currently held by Barbara Sumple Sullivan) Merrill Lynch Account#872-72646--WIFE's IRA Tax Free Rollover of Husband's NFS IRA Account#Q80-001996 Payment of$30,000.00 directly from HUSBAND to WIFE within 120 days of Execution $10,000.00 proceeds from Marital Home currently held by Howell paid directly to WIFE immediately All personal property in her present possession Fifty Percent(50%)of the Dean Witter Defined Benefit Plan valued at date of settlement To Husband: All interest in property at 236 East Main Street,Mechanicsburg,PA 17055 Balance of proceeds from Marital Home currently held by Howell paid directly to HUSBAND immediately All personal property in his possession All other marital or non-marital property All inheritances from any source All other gifts, bequests and investments All other financial,investment or bank accounts 1998 Chevrolet Conversion van, 1999 Mercedes MLK 320,2002 Mercedes CLK All collectibles/antiques or firearms in his possession 1 All remaining interests in the Dean Witter Defined Benefit Retirement Plan Establishment of a Qualified Domestic Relations Order(QDRO): HUSBAND shall pay the cost for the drafting of a Qualified Domestic Relations Order to: (a)roll over tax free from HUSBAND's NFS IRA Account#Q80-001996 to either an Individual Retirement Account or separate account as directed by WIFE; and(b) transfer to WIFE an amount equal to Fifty percent(50%)of the Dean Witter Defined Benefit Plan as described above. 14. PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of all personal property except as herein provided including but not limited to furniture,household furnishing,appliances and other household and 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 and intangible property presently in his or her possession,whether said property was heretofore owned jointly or individually by the parties hereto, and this Agreement shall have the effect of any 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. The effective date of said bill of sale is to be contemporaneous with the date of the execution of this Agreement. ,• i r All personal property now in possession of WIFE shall be her separate property and all personal property now in the possession of HUSBAND shall be his separate property. Except as expressly provided herein,each party forever relinquishes any right he or she may now or hereafter have in any assets now belonging to the other. Each of the parties shall hereafter own and enjoy,independently of any claim or right of the other, all of the property,whether real,personal or mixed,tangible or intangible,which has been acquired during the marriage,or is hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively,in all respect and for all purposes as though he or she were unmarried. 15. BANK ACCOUNTS: HUSBAND,and WIFE acknowledge that they each possess certain bank,checking 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 by the other in such accounts. 16. PENSION,ANNUITIES AND/OR RETIREMENT BENEFITS: Except as provided below,both parties agree that'any interest the other has acquired through a pension,profit sharing,savings plan,thrift plan,annuity,401(k), individual retirement account(IRA) or other retirement plan shall remain as the sole and exclusive property of the other. WIFE agrees to waive any interest she may have in such property of HUSBAND,and further agrees that she will not assert a claim to such property in the future and does hereby assign irrevocably,:any such right or claims to HUSBAND. HUSBAND agrees to waive any interest he may have in such property of WIFE and further agrees that he will not assert a claim td any such property in the future and does hereby assign any such right or claim to WIFE.' To Wife: Her Individual Retirement Account Rollover of Husband's NFS IRA Account#Q80-001996 Fifty percent(50%)of the Dean Witter Defined Benefit Plan To Husband: AU other IRAs All other retirement accounts Remaining balance in the Dean Witter Defined Benefit Plan 17. MOTOR VEHICLES: HUSBAND and WIFE each own vehicles titled in their individual and/or joint names. Each party agrees these vehicles are the sole and separate property of the other party. In the event any documents must be executed by either of the parties to transfer their respective interest,HUSBAND and WIFE agree to execute said titles, sales agreements or other documents within five(5)days of any • written request by the other party. 18. ALIMONY,ALIMONY PENDENTE LITE,COUNSEL FEES AND EXPENSES,SPOUSAL SUPPORT,AND INDEMNIFICATION FOR BREACH: HUSBAND shall pay WIFE the following sums of alimony: $2,500.00 per month from date of Execution through June 30,2014 allocated as$2,134.90 in direct payments to WIFE and$365.10 for WIFE's health insurance premiums paid directly to the insurance provider. HUSBAND's obligation to pay for or make available health insurance to WIFE shall terminate on June 30,2014. Beginning on July 1,2014 and terminating exactly seven(7)years from the date of Execution of this Agreement, HUSBAND shall pay WIFE the alimony amount of$2,500.00 directly. Alimony is subject to the following conditions: 1. Alimony is fixed and may only be modified in the event of HUSBAND's permanent disability defined as"unable to perform the substantial and material duties of his occupation and under the regular care of a physician appropriate for the subject's injury or sickness." Alimony shall terminate upon the death of WIFE. Alimony to WIFE shall not terminate upon her cohabitation or remarriage. Monthly alimony payments shall terminate upon the death of HUSBAND and WIFE shall collect the balance of total alimony due from insurance policy provided by HUSBAND as described more fully below. � �i • 2. Alimony of$2,500.00 per month shall be added in full to WIFE's gross monthly income when calculating any child support obligations before the Domestic Relations Section of the Court of Common Pleas. 3. Alimony of$2,500.00 per month shall be deducted from HUSBAND's gross monthly income when calculating any child support obligations before the Domestic Relations Section of the Court of Common Pleas. 4. WIFE shall declare as income for Federal Income Tax purposes the sum of $2,500.00 per month for each year she receives alimony., For tax year 2013, WIFE shall declare all sums received from HUSBAND not specifically allocated as"child support" as gross income for Federal Income Tax purposes. • 5. HUSBAND shall deduct from income for Federal Income Tax purposes the sum of$2,500.00 per month for each year that he pays alimony. For tax year 2013, HUSBAND shall deduct all sums paid to WIFE not specifically allocated as"child support"for Federal Income Tax purposes. 6. In order to secure the payment of remaining alimony due to WIFE up through full satisfaction of the alimony obligation,HUSBAND at his sole cost shall obtain a term life insurance policy that shall pay the following benefit to WIFE in the event of his death. WIFE shall be entitled to a copy of the life insurance policy at its inception and a copy of the annual renewal statement. WIFE,in the event of the death of HUSBAND, shall receive the proceeds of the insurance policy according to the following schedule: Execution to 10/31/2014 - $210,000.00(less alimony paid during the calendar year) 11/1/2014— 10/31/2015 - $180,000.00(less alimony paid during the calendar year) 11/1/2015— 10/31/2016 - $150,000.00 (less alimony paid during the calendar year) 11/1/2016— 10/31/2017 - $120,000.00 (less alimony paid during the calendar year) 11/1/2017- 10/31/2018 - $90,000.00 (less alimony paid during the calendar year) 11/1/2018 - 10/31/2019 - $60,000.00 (less alimony paid during the calendar year) 11/1/2019 - 10/31/2020 - $30,000,00 (less alimony paid during the calendar year) 11/1/2020—No benefits paid to wife WIFE specifically acknowledges that HUSBAND is free to name any other person as the beneficiary on the amount of insurance over the specific amount due'to her under the above schedule. WIFE specifically acknowledges that the total amount of alimony due to her is $210,000.00 and the death benefit to be received by WIFE is in an amount equivalent to the amount of alimony not yet received by her in the event of HUSBAND's death, regardless of modifications to monthly payments agreed upon by the parties. HUSBAND and WIFE further agree to accept the provisions set forth in this Agreement in lieu of and in full and final satisfaction of all other claims and demands that either may now or hereafter have against the other for equitable distribution of marital property, alimony,alimony pendent lite,counsel fees and expenses,and spousal support. HUSBAND and WIFE hereby waive any claims against the other for alimony, alimony pendent lite,counsel fees and expenses,and spousal support. 19. TEMPORARY REDUCTION IN HUSBAND'S INCOME: The alimony payments set forth shall be modifiable should HUSBAND suffer an involuntary decrease in income of a substantial and continuing nature. If HUSBAND experiences such a reduction in income,the parties agree to try and establish a revised monthly amount of alimony consistent with the reduction in income. If the parties cannot agree to a revised monthly alimony payment amount,it is understood that the parties'dispute can be submitted to a court of competent jurisdiction for resolution of an appropriate monthly payment amount. To the extent that HUSBAND's monthly alimony amount is reduced,HUSBAND shall continue to be obligated to make up the total alimony amounts agreed upon by way of catch up payments on a schedule agreed upon by the parties. It is the acknowledged intention of the parties that HUSBAND shall pay to WIFE alimony in the total amount of $210,000.00. If the monthly payments are modified due to HUSBAND's change in income,HUSBAND shall remain liable to make scheduled payments of this sum to WIFE as soon as possible after his earnings are restored. The amount and frequency of said catch up payments is to be agreed upon by the parties,but if no agreement is reached,the matter can be submitted to a court of competent jurisdiction for resolution of an appropriate monthly payment amount. 20. 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. 21. APPLICABII,ITY 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 election 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 provision of the said Act. The parties believe and agree that the division of property made in this Agreement constitute a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the positions set forth in this Agreement on his or her individual federal, state or local income tax returns. 22. 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. This Agreement shall remain in full force and effect and shall not be abrogated / • even if the parties effect reconciliation,cohabit as husband and wife,or attempt to effect reconciliation. This Agreement 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 jointly execute in writing a notarized statement declaring this Agreement or any terms of the Agreement to be null and void. 23. BREACH: If either party breaches any provision of this Agreement,the other party shall have the right,as 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 purported to have breached this contract, if conclusively found to be in breach,shall be responsible for the payment of actual legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: Except as herein otherwise provided,each party may dispose of his or her property in any way,and each party 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 estate of the other as a result of the marital relationship,including without limitation,dower,courtesy, statutory allowance,widow'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, and each 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. 25. 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. 26. 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 extensive formal and informal discovery conducted in their pending divorce action. Notwithstanding the foregoing,the rights of either party to pursue a claim for equitable e 4` • • 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 when requested to the other party 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 not provided in response to discovery requests or service of subpoenas,the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of the asset. 27. 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. 28. 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. WIFE specifically agrees to sign a quit claim deed,which irrevocably releases all claims that she may now or in the future have on the property at 236 East Main Street,Mechanicsburg,Pennsylvania 17055 within ten(10)days of Execution of this Agreement. 29. 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. 30. INDEPENDENT SEPARATE COVENANT: 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. 31. 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 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. 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever;in determining the rights or obligations of the parties. 33. 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. 34. HEALTH INSURANCE: From the date of Execution of this Agreement to June 30,2014,HUSBAND shall carry WIFE on his group health insurance plan. The parties understand that HUSBAND shall pay the first$120.00 of the monthly premium and the remaining cost of$365.10 per month shall be deducted from WIFE's gross alimony monthly payment of$2,500.00 and paid by HUSBAND directly to the insurance provider. Commencing July 1,2014,WIFE shall be solely responsible for obtaining her own independent'health insurance coverage and shall not be enrolled in HUSBAND's group health insurance plan. WITNESS: • ca.C, A TEP E. TRASK /-\ / Viijk ,(/). afico_k_ Cam,r,) i c•t, tiNC i l 1 C rl L A M. TRASK 1 Commonwealth of Pennsylvania County of Cumberland On this,the f` t'h day of 3 3,4rt1\r, ,2013 ,before me,a Notary Public for the Commonwealth of Pennsylvania,County of Cumberland,personally appeared STEPHEN E.TRASK,satisfactorily proven to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF,I have hereunto set my hand and official seal. • — Notary Public • My Commission Expires: q 2-2-4 1 5 Commonwealth of Pannsyly NOTARIAL 8 L CAROLANN WENDLAND.Notify_ Malden Townth19.CIMMIRan My Commies an Exolma Mal 23. a . Commonwealth of Pennsylvania Commonwealth of Pennsylvania NOTARIAL SEAL County Cumberland CAROLANN WENDLAND.Notary PublI0 �J Hampden Township:Cumbe•land Cawtty My Commission Exp res r:prit 23.2015 On this, the 1 C 1h day of 2013 ,before me,a Notary Public for the Commonwealth of Pennsylvania, County of Cumberland,personally appeared LINDA M.TRASK,satisfactorily proven to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. to.A. hVI_L Commonwealth of Pennsylvanl Notary Public NOTARIAL SEAL CAROLANN WENDLAND,Notary Public f Hampden Township.Cumberland County My Commission Expires: `( 1 2?' M My Commission Exxplres April 23.2015 b9-86159 PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT,made this day b day of , 2013 by and between LINDA M. TRASK of Cumberland County,Pennsylvania(hereinafter referred to as "WIFE") and STEPHEN E. TRASK of Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: r�rS,,, c • WHEREAS,the parties were married on October 3rd, 1992 Cumberland '� -, COUNTY,PENNSYL A 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 limitations 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 alimony and/or maintenance of WIFE by HUSBAND or the HUSBAND by wife; and in general,the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE,in consideration of the 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 agrees 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,restraints or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabitate 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. l tN'1'Il RFERENCE: 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 party shall molest the other or attempt to endeavor to molest the other,nor compel the other to cohabitate with the other,or in any way harass or malign the other,nor in any way interfere with the peaceful existence, separate and apart from each other. 3. AGREEMENT NOT A TAR TO DIVORCE: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a limited or absolute 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 did file a Complaint in Divorce in the Court of Common Pleas for Cumberland County docket No. 09-8659, claiming inter alia,that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce code. HUSBAND and WIFE hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits of Consent or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce code. 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 and debts of the parties, alimony pendent lite and alimony, spousal support, counsel fees and expenses, if applicable, 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 Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in such decree,judgment, order or further modification or revision thereof shall alter, amend or vary any terms 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 be forever binding and conclusive upon the parties. HUSBAND shall prepare at his sole cost for execution by the parties all Affidavits of Consent and Notice of Waiver Forms as well as the Praecipe to Transmit the Record in order to obtain a No Fault Divorce. The parties shall sign the aforementioned Affidavits and Waivers simultaneously with the execution of this Property Settlement Agreement. 5. ENFORCEMENT: The parties acknowledge that this Agreement is a contract and is enforceable under Pennsylvania contract law. The parties further agree that should a decree,judgment or order of divorce be obtained by either of the parties in this or any other state, county or jurisdiction, this Agreement may be enforced to the same extent as though it had been an Order of the Court,and the parties hereby expressly invoke and acknowledge the applicability of Sections 3104, 3105 and 3502, as amended, of the Pennsylvania Divorce Code in furtherance hereof. 6. EF'F'ECTIVE 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 on 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. DISTR BUTFf1 N 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. ■, J 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 legal or equitable 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,torts, engagements or liabilities of such or by way of dower or courtesy, or claims in the nature or dower or courtesy or widow's or widower's rights, family exemption or similar allowances, 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, or all rights or 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 maintentance, alimony, alimony pendent lite, counsel fees, spousal support, property division, cost and expenses,whether arising as a result of marital relations 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. 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 only 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. It is further agreed that this Agreement shall be and does constitute a full 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 pendent lite, spousal support or other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction or any other contract, equity or tort actions or claims. \: 9. ADVICE OF COUNSEL: HUSBAND has been represented by Steven Howell, Esquire, of 619 Bridge Street,New Cnrnber land, Pennsylvania 17070. WIFE has been represented by Barbara Sumple Sullivan, Esquire, of 549 Bridge Street,New Cumberland,Pennsylvania 17070. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence or 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. The parties have voluntarily provided this information and have engaged in extensive formal discovery as provided by Pennsylvania law. 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. HUSBAND and WIFE have enjoyed ample opportunity to consult with an attorney of his/her choosing prior to his/her execution of this Agreement. 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liabilities or obligations for which the estate of the other party may be responsible or liable except as provided for in this Agreement. Each party agrees to indemnify and hold the other pary harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 11. "EMS: HUSBAND and WIFE shall each be solely responsible for any debts or credit cards in their name alone. WIFE shall be solely responsible for all credit cards or debts for which she is the primary cardholder and she shall hold HUSBAND harmless from any claims, suits, or judgments for these debts. HUSBAND shall be solely responsible for all credit cards or debts for which he is the primary cardholder and he shall hold WIFE harmless from any claims, suits, or judgments for these debts. Each party represents to the other party that they have made a full and complete disclosure of all applicable debts in writing prior to the date of execution of this Agreement. r I 12. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant,warrant,represent and agree that with the exception of obligation 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 executions date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 13. DIVISION OF REAL AND PERSONAL PROPERTY: HUSBAND and WIFE agree to the following division of marital real and personal property as set forth below: To Wife: Metro Bank Escrow Account(currently held by Barbara Sumple Sullivan) Merrill Lynch Account#872-72646—WIFE's IRA Tax Free Rollover of Husband's NFS IRA Account#Q80-001996 Payment of$30,000.00 directly from HUSBAND to WIFE within 120 days of Execution $10,000.00 proceeds from Marital Home currently held by Howell paid directly to WIFE immediately All personal property in her present possession Fifty Percent(50%) of the Dean Witter Defined Benefit Plan valued at date of settlement To Husbad d: All interest in property at 236 East Main Street,Mechanicsburg,PA 17055 Balance of proceeds from Marital Home currently held by Howell paid directly to HUSBAND immediately • All personal property in his possession All other marital or non-marital property All inheritances from any source All other gifts,bequests and investments All other financial,investment or bank accounts 1998 Chevrolet Conversion van, 1999 Mercedes MLK 320, 2002 Mercedes CLK All collectibles/antiques or firearms in his possession All remaining interests in the Dean Witter Defined Benefit Retirement Plan Establish,n,ent of a Qualified Domestic Relations Order(QDRO): HUSBAND shall pay the cost for the drafting of a Qualified Domestic Relations Order to: (a)roll over tax free from HUSBAND's NFS IRA Account#Q80-001996 to either an Individual Retirement Account or separate account as directed by WIFE; and(b)transfer to WIFE an amount equal to Fifty percent(50%) of the Dean Witter Defined Benefit Plan as described above. 14. PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of all personal property except as herein provided including but not limited to furniture, household furnishing, appliances and other household and 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 and intangible property presently in his or her possession,whether said property was heretofore owned jointly or individually by the parties hereto, and this Agreement shall have the effect of any 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. The effective date of said bill of sale is to be contemporaneous with the date of the execution of this Agreement. r� All personal property now in possession of WIFE shall be her separate property and all personal property now in the possession of HUSBAND shall be his separate property. Except as expressly provided herein, each party forever relinquishes any right he or she may now or hereafter have in any assets now belonging to the other. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all of the property,whether real,personal or mixed,tangible or intangible,which has been acquired during the marriage, or is hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively,in all respect and for all purposes as though he or she were unmarried. 15. BANK ACCOUNTS: HUSBAND and.WIFE acknowledge that they each possess certain bank, checking 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 by the other in such accounts. 16. PENSION,ANINUIT>I>ES AND/OR RETIREMENT BENEFITS: Except as provided below,both parties agree that any interest the other has acquired through a pension,profit sharing, savings plan,thrift plan, annuity,401(k), individual retirement account(IRA) or other retirement plan shall remain as the sole and exclusive property of the other. WIFE agrees to waive any interest she may have in such property of HUSBAND, and further agrees that she will not assert a claim to such property in the future and does hereby assign irrevocably any such right or claims to • HUSBAND. HUSBAND agrees to waive any interest he may have in such property of WIFE and further agrees that he will not assert a claim to any such property in the future and does hereby assign any such right or claim to WIFE. To Wife: Her Individual Retirement Account Rollover of Husband's NFS IRA Account#Q80-001996 Fifty percent (50%) of the Dean Witter Defined Benefit Plan >,J �1 To 3tusband: All other IRAs All other retirement accounts Remaining balance in the Dean Witter Defined Benefit Plan 17. MOTOR VEHICLES: HUSBAND and WIFE each own vehicles titled in their individual and/or joint names. Each party agrees these vehicles are the sole and separate property of the other party. In the event any documents must be executed by either of the parties to transfer their respective interest, HUSBAND and WIFE agree to execute said titles, sales agreements or other documents within five (5) days of any written request by the other party. 18. ALIMONY,ALIMONY PENDENTE LITE,COUNSEL FEES AND EXPENSES, SPOUSAL SUPPORT,AND EMNI FICA' ON FOR BREACH: HUSBAND shall pay WIFE the following sums of alimony: $2,500.00 per month from date of Execution through June 30,2014 allocated as $2,134.90 in direct payments to WIFE and $365.10 for WIFE's health insurance premiums paid directly to the insurance provider. HUSBAND's obligation to pay for or make available health insurance to WIFE shall terminate on June 30,2014. Beginning on July 1,2014 and terminating exactly seven(7)years from the date of Execution of this Agreement, HUSBAND shall pay WIFE the alimony amount of$2,500.00 directly. Alimony is subject to the following conditions: 1. Alimony is fixed and may only be modified in the event of HUSBAND's permanent disability defined as "unable to perform the substantial and material duties of his occupation and under the regular care of a physician appropriate for the subject's injury or sickness." Alimony shall terminate upon the death of WIFE. Alimony to WIFE shall not terminate upon her cohabitation or remarriage. Monthly alimony payments shall terminate upon the death of HUSBAND and WIFE shall collect the balance of total alimony due from insurance policy provided by HUSBAND as described more fully below. V 2. Alimony of$2,500.00 per month shall be added in full to WIFE's gross monthly income when calculating any child support obligations before the Domestic Relations Section of the Court of Common Pleas. 3. Alimony of$2,500.00 per month shall be deducted from HUSBAND's gross monthly income when calculating any child support obligations before the Domestic Relations Section of the Court of Common Pleas. 4. WIFE shall declare as income for Federal Income Tax purposes the sum of $2,500.00 per month for each year she receives alimony. For tax year 2013, WIFE shall declare all sums received from HUSBAND not specifically allocated as "child support" as gross income for Federal Income Tax purposes. 5. HUSBAND shall deduct from income for Federal Income Tax purposes the sum of$2,500.00 per month for each year that he pays alimony. For tax year 2013, HUSBAND shall deduct all sums paid to WIFE not specifically allocated as "child support"for Federal Income Tax purposes. 6. In order to secure the payment of remaining alimony due to WIFE up through full satisfaction of the alimony obligation,HUSBAND at his sole cost shall obtain a term life insurance policy that shall pay the following benefit to WIFE in the event of his death. WIFE shall be entitled to a copy of the life insurance policy at its inception and a copy of the annual renewal statement. WIFE, in the event of the death of HUSBAND, shall receive the proceeds of the insurance policy according to the following schedule: Execution to 10/31/2014 - $210,000.00 (less alimony paid during the calendar year) 11/1/2014— 10/31/2015 - $180,000.00 (less alimony paid during the calendar year) 11/1/2015— 10/31/2016 - $150,000.00 (less alimony paid during the calendar year) 11/1/2016— 10/31/2017 - $120,000.00 (less alimony paid during the calendar year) 11/1/2017 - 10/31/2018 - $90,000.00 (less alimony paid during the calendar year) 11/1/2018 - 10/31/2019 - $60,000.00 (less alimony paid during the calendar year) 11/1/2019 - 10/31/2020 - $30,000.00 (less alimony paid during the calendar year) 11/1/2020—No benefits paid to wife WIFE specifically acknowledges that HUSBAND is free to name any other person as the beneficiary on the amount of insurance over the specific amount due to her under the above schedule. WIFE specifically acknowledges that the total amount of alimony due to her is $210,000.00 and the death benefit to be received by WIFE is in an amount equivalent to the amount of alimony not yet received by her in the event of HUSBAND's death, regardless of modifications to monthly payments agreed upon by the parties. HUSBAND and WIFE further agree to accept the provisions set forth in this Agreement in lieu of and in full and final satisfaction of all other claims and demands that either may now or hereafter have against the other for equitable distribution of marital property, alimony, alimony pendent lite, counsel fees and expenses, and spousal support. HUSBAND and WIFE hereby waive any claims against the other for alimony, alimony pendent lite, counsel fees and expenses, and spousal support. 19. TEMPORARY REDUCTION IN HUSBAND'S ICOME: The alimony payments set forth shall be modifiable should HUSBAND suffer an involuntary decrease in income of a substantial and continuing nature. If HUSBAND experiences such a reduction in income,the parties agree to try and establish a revised monthly amount of alimony consistent with the reduction in income. If the parties cannot agree to a revised monthly alimony payment amount,it is understood that the parties' dispute can be submitted to a court of competent jurisdiction for resolution of an appropriate monthly payment amount. To the extent that HUSBAND's monthly alimony amount is reduced,HUSBAND shall continue to be obligated to make up the total alimony amounts agreed upon by way of catch up payments on a schedule agreed upon by the parties. It is the acknowledged intention of the parties that HUSBAND shall pay to WIFE alimony in the total amount of $210,000.00. If the monthly payments are modified due to HUSBAND's change in income, HUSBAND shall remain liable to make scheduled payments of this sum to WIFE as soon as possible after his earnings are restored. The amount and frequency of said catch up payments is to be agreed upon by the parties,but if no agreement is reached,the matter can be submitted to a court of competent jurisdiction for resolution of an appropriate monthly payment amount. 20. 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. 21. APPLICABILITY •F TAX LAW TO PR I PERTY 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 election 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 provision of the said Act. The parties believe and agree that the division of property made in this Agreement constitute a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the positions set forth in this Agreement on his or her individual federal, state or local income tax returns. 22. EFFECT OF DIVI RCE 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. This Agreement shall remain in full force and effect and shall not be abrogated 'kJ even if the parties effect reconciliation, cohabit as husband and wife, or attempt to effect reconciliation. This Agreement 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 i nless the parties jointly execute in writing a notarized statement declaring this Agreement or any terms of the Agreement to be null and void. 23. EACH: If either party breaches any provision of this Agreement, the other party shall have the right, as 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 purported to have breached this contract, if conclusively found to be in breach, shall be responsible for the payment of actual legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way,and each party 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 estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance,widow'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, and each 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. 25. 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. 26. FINANCIAL DISC.=•Ste: 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 extensive formal and informal discovery conducted in their pending divorce action. Notwithstanding the foregoing,the rights of either party to pursue a claim for equitable / f 4 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 when requested to the other party 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 not provided in response to discovery requests or service of subpoenas,the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of the asset. 27. AGREEMENT 1INDI TG ON HEM: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 28. AD IITIS NAE INST i`UlVIE TS: 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. WIFE specifically agrees to sign a quit claim deed,which irrevocably releases all claims that she may now or in the future have on the property at 236 East Main Street, Mechanicsburg,Pennsylvania 17055 within ten(10)days of Execution of this Agreement. • 29. YOU 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. 30. NDE.PENDENT SEPARATE COVENANT: 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. 31. MODIFICATION AND WAIVE 4: 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 to insist upon strict IY , 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. 32, DESCR PTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever'in determining the rights or obligations of the parties. 33. 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. 34. HEALT I: INSURANCE: From the date of Execution of this Agreement to Tune 30, 2014,HUSBAND shall carry WIFE on his group health insurance plan. The parties understand that HUSBAND shall pay the first$120.00 of the monthly premium and the remaining cost of$365.10 per month shall be deducted from WIFE's gross alimony monthly payment of$2,500.00 and paid by HUSBAND directly to the insurance provider. Commencing July 1, 2014, WIFE shall be solely responsible for obtaining her cwn independent•health insurance coverage and shall not be enrolled in HUSBAND's group health insurance plan. WITNESS: ��:-�'� is i•v — plc Ll. %,', ti -i 1 C c- %l TEP . N E. TRASK /7 mac_ �+ ! c_,_, LINDA M. TRASK \ • Commonwealth of Pennsylvania County of Cumberland On this, the ` ' day of ±w: . , 2013 ,before me, a Notary Public for the Commonwealth of Pennsylvania, County of Cumberland,personally appeared STEPHEN E.TRASK, satisfactorily proven to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF,I have hereunto set my hand'and official seal. Notary Public My Commission Expires: 2-2-4 Commonwealth of Pennsylvar�Se NOTARIAL SEAL. CAROLANN WENDLAND,Nelslly Hampden Township,Cumberland C S RAY Commission EoQNes A IS 23. Commonwealth of Pennsylvania Commonwealth:of Pennsylvania NOTARIAL SEAL County of Cumberland CAROLANN WENDLAND.Notary Public `J Hampden Township;Cumberland County My Commission Exp'res.Apni 23.2015 On this,the 1 t'n day of -.;� 2013 ,before me, a Notary Public for the Commonwealth of Pennsylvania, County of Cumberland,personally appeared LINDA M. TRASK, satisfactorily proven to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF,I have hereunto set my hand and official seal. i Notary Public Commonwealth of Pennsylvanl,' NOTARIAL SEAL CAROLANN WENDLAND.Notary Public Hampden Township Curberland County My Commission Expires: ,?= My Commission Expires April 23.201.5 J STEPHEN E.TRASK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : NO. 09-8659 • r c,3 LINDA M.TRASK, : CIVIL ACTION-LAW rn Defendant : DIVORCE _ PRAECIPE TO TRANSMIT'RECORD c) s , To the Prothonotary: -- Transmit the record, together with the following information, to the Court for entry of a divorce decree: - 1. Ground for divorce: Irretrievable breakdown under§3301(c)of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail-Restricted Delivery on January 7,2010. 3. Date of execution of the Affidavit of Consent required by§3301(c)of the Divorce Code: by Plaintiff: September 20,2013;by Defendant: September 18,2013. 4. Related claims pending: None.All matters have been resolved by the parties' Property Settlement Agreement dated September 18,2013,which shall be incorporated,but not merged into this Decree in Divorce. 5. Date Plaintiffs Waiver of Notice in§3301(c)Divorce was filed with Prothonotary: September 20,2013. Date Defendant's Waiver of Notice in§3301(c)Divorce was filed with - Prothonotary: September 20,2013. Date: --2 —) I L' da M.Trask,Defendant 536 Allenview Drive Mechanicsburg,PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Stephen E. Trask V. Linda M. Trask NO. 09-8659 DIVORCE DECREE AND NOW, do k. 31� v& 1"%Ih *401 , it is ordered and decreed that Stephen E. Trask , plaintiff, and Linda M. Trask , 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.") All matters have been resolved by the parties' Property Settlement Agreement, dated September 18, 2013, which shall be incorporated, but not merged into this Divorce Decree. By the Court, AA 11 Attest: J. Prot ary Mai Ied 4-o (� Nu ce c" rna.^led 4o df