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HomeMy WebLinkAbout02-4839JULIE M. CLARK, Plaintiff BRADLEY D. CLARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0.2 -'~qS>~ CIVIL 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 arc warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any claim or rclief 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 JULIE M. CLARK, Plaintiff BRADLEY D. CLARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE CIVIL TERM COMPLAINT IN DIVORCE NO FAULT Plaintiff is Julie M. Clark, an adult individual currently residing at 20 West King Street, Floor 2, Shippensburg, Cumberland County, Pennsylvania. Defendant is Bradley D. Clark, an adult individual currently residing at 142 East King Street, Rear Apartment, Shippensburg, Cumberland County, Pennsylvania. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on May 20, 2000, in State College, Centre County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, Wendy J. F. ~ll~s~uire Attorney for ~ GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION. I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. JI~IE M. CLARK, Plainti JULIE M. CLARK, Plaintiff Vo BRADLEY D. CLARK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-4839 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this ~-\ "~day of October, 2002, comes Wendy J. F. Grella, Esquire, Attorney for Plaintiff and states that a true and attested copy of a Complaint in Divorce was sent to the Defendant, Bradley D. Clark, at 142 East King Street, Rear Apartment, Shippensburg, Pennsylvania, 17257, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on October 17, 2002. Wendy J. F. Gre~~re Attorney for Pla~ GRIFFIE & ASSOCIA~TES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before me this ~ day of ,2002 ~TAR~UB~L~C - Notn~ iai Seal Karisa J. Lehman, Notary Public Carlisle.Bore, Cumberland Counh ~ Corem ss~on Exp res Aug. 25, ~ · Complete Items 1, 2, and 3. ~ ¢omplete ~m 4 ~ Re~ct~d Dairy is d~. · ~rint your name and acldreee on the reveme /0 that we can retum the card to you. · J~ttach this card to the back of'Yne matlpiece, or on the front if space permits. 1. Article Add _m~___(~cl to: 2. Article Number by ( l~Ynted Name) lC. Date of Delivery D. Isd~ive~yaddmeedtffemntfromlteml? r']Yea If YES, enter delivery addrees below: [] No 3. Sen/Ice Type [] Cer~d Mail [] Expire Mall [] Reglmemd C] Retum Receipt for Merchandise I"1 Insured Mail [] C.O.D. 4. Reetdcted Dah'My? (Extra Fee) [] Ye~ / / PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 -D Postage u3 Certified Fee ~Cl I:~turn Receipt Fee C:~ (Endl3~ement Required) Rent,ted Delivery Fee C:3 (Endorsement Required) ~_ /'(~*~,'~t'~'~,'~/P;~' ....................... ~,' ',;-~-~ '~ / CHRISTINE PICCIRILLI WILSON, THOMAS WILSON, WILLIAM PICCIRILLI and ANNE PICCIRILLI, Plaintiffs Vo EDWARD F. McNAMARA and ROBERT E. EYER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 4839-CV-2002-DV CIVIL ACTION - LAW CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Max J. Smith, Jr., Esquire, as counsel for Edward F. McNamara, Defendant in the above-captioned matter. Date: December Zd , 2002 ~.~~.~' ~ Max J. Smith, Jr., Esquire I.D. No. 32114 Jarad W. Handelman, Esquire I.D. No. 82629 James, Smith, Durldn & Connelly L. LP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 SEPARATION AND PROPERTY SETTI,EMENT AGREEMENT THISAGREEMENT, made this / / day of /~'] , 2003, by and between JULIE M. CLARK, of 20 West King Street, Floor 2, Shippensburg, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife", AND BRADLEY D. CLARK, of 112 North Earl Street, Shippensburg, Cumberland County, Pennsylvania, party of the second part, hereinat~er referred to as "HusbanaV', WITNESSETH: WHEREAS, Husband and Wife were married on May 20, 2000, in State College, Centre County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and --Page 1 of 16-- WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ~4R TICLE I SEP/IR,4 TION L1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. .4 R TICLE II ..DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to --Page 2 of 16-- the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. --Page 3 of 16-- 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. AR TICLE III E UITABLE DISTRIBUTION OFMARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. --Page 4 of 16-- 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 .Personal Propert},. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties further acknowledge that they have the cash, accounts, or other tangible and intangible property in their possession that they wish to have and neither will make any claim whatsoever against the other party for any other items of personal property or assets that are in the other party's possession. Husband agrees for Wife to retain ownership and physical possession of all animals acquired prior to and during the course of the marriage including but not limited to a canine named "Lucky." 3.4 Life Insurance_ Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policies. 3.5 Subsequently Acquired Properff. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to --Page 5 of 16-- waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Pension~ Retiretnent~ Profit-Sharing_ Each party acknowledges that he/she has had the opportunity to discover and/or review the other party's entitlement or interest in any pension, retirement or profit-sharing plan. Wife hereby waives, relinquishes or transfers any and all of her right, title and interest she has or may have in Husband's pension through his present or prior employment. Wife hereby waives, relinquishes and transfers any and all right, title and interest she has in any present retirement account, as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. Husband hereby waives, relinquishes or transfers any and all of his right, title and interest he has or may have in Wife's pension through her present or prior employment including her retirement plan with the State Employees Retirement System (SERS). Husband hereby waives, relinquishes and transfers any and all right, title and interest he has in any present retirement account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. 3.7 .Vehicles. The parties acknowledge that Wife has and shall retain sole and exclusive ownership and possession of a certain 2002 Dodge Stratus which was originally titled in Wife's name and which has an encumbrance due and owing to Chrysler Financial requiring a monthly payment of approximately THREE HUNDRED AND TWENTY-FIVE AND XX/100 ($325.00) DOLLARS. From the date of execution of this Agreement forward, Wife shall be solely and exclusively responsible for the repayment of the aforesaid automobile loan due and owing on --Page 6 of 16-- that vehicle. Husband shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession of a certain 2002 Nissan Xterra vehicle which was originally titled in the parties' names jointly and which has an encumbrance due and owing to Pennsylvania State Employee's Credit Union (PSECU) requiring a monthly payment of approximately FOUR HUNDRED THIRTY AND XX/10~ DOLLARS. From the date of execution of this Agreement forward, Husband shall be solely and exclusively responsible for the repayment of the aforesaid automobile loan due and owing on that vehicle, placing the same in his sole and individual name and/or removing Wife's name from the said debt within thirty (30) days from the date of signing this Agreement. Upon Husband's refinancing of the aforesaid automobile loan, Wife shall execute the title of the vehicle to Husband's name individually. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. 3.8 Intangible Personal Propert}, The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other --Page 7 of 16-- investments or intangible personal property that have already been retained by that party as described herein. 3.9 Other PropertF. The parties acknowledge that there is no other property, real, personal or mixed, including bank accounts, or moneys to be divided or distributed between them; and neither party shall make any claims against the other for same. 3.10 Division of Real ProperO, Neither party has any interest, either legal or equitable in any real estate either individually or jointly and, therefore, there is no real estate to distribute. ARTICLE IV DEBTS OF THE PARTIE, g_ 4.1 The parties acknowledge that Husband has an outstanding debt and liability due and owing to Sallie Mae. From the date of execution of this Agreement forward, Husband shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debt. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid debt. Husband shall refinance the debt into his sole and individual name and/or remove Wife's name from said debt within ninety (90) days of signing this Agreement. The parties acknowledge that Husband has an outstanding debt and liability due and owing to MBNA. From the date of execution of this Agreement forward, Husband shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debt. Husband shall indemnify Wife and hold her harmless from and against any and all demands for --Page 8 of 16-- payment or collection activity of any nature whatsoever relative to the aforesaid debt. Husband shall refinance the debt into his sole and individual name and/or remove Wife's name from said debt within ninety (90) days of signing this Agreement. In the event that Husband should default upon the aforesaid loan or debt(s), Wife shall be entitled to immediately initiate an action against Husband through the filing of amicable Alimony action to which Husband will not object in an amount to include not only the debt itself, but also any late fees, interest, legal fees, or costs associated with any related collection proceedings plus interest in the amount of fifteen (15%) percent to accrue per annum to compensate Wife for any tax loss she may suffer. The requested amount of alimony shall be collected through wage attachment by the Domestic Relations Office of appropriate jurisdiction. Husband shall not defend against Wife's request for alimony in that amount and shall not raise the defense of Wife's cohabitation to any claim for alimony under this paragraph. Further, Husband agrees to execute any and all necessary documents to have Wife's name removed from any and all debts which Husband has agreed to be responsible for under the above-referenced paragraphs. The parties acknowledge that Wife has an outstanding debt and liability due and owing to DISCOVER. From the date of execution of this Agreement forward, Wife shall retain sole and exclusive responsibility and obligation for the repayment of the aforesaid debt. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid debt. Wife shall refinance the debt into her sole and individual name and/or remove Husband's name from said debt within ninety (90) days of signing this Agreement. --Page 9 of 16-- While it is believed that all joint debts of the parties have been accounted for, in the event it is discovered that joint accounts still exist, each party agrees to sign the appropriate documents to remove the other party's name from the debt or close the account. 4.2 Each party represents to the other that except as is otherwise set forth in this Agreement, and more particularly as set forth in subparagraph 4.1 above, there are no major outstanding obligations of the parties; that since the separation neither party has contracted or any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE V MIS CEL LANE 0 US PR 0 VISIONS 5.1 Advice of Counsel. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights an obligation or otherwise understand those legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 5.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all --Page 10 of 16-- purposes whatsoever, of and from any and all right, 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 situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 5.3 BankruptcB The parties agree that any and all financial obligations assumed herein shall not be subject to discharge through bankruptcy proceedings. This includes, but is not limited to, --Page I 1 of 16-- all financial obligations assumed under Paragraph 3.7 and 4.1 of this Agreement. In the event either party attempts to avoid financial obligations described herein through bankruptcy proceedings the other party shall have an independent claim against the party claiming bankruptcy for any and all sums that the other party assumes or is required to pay due to the actions of the party claiming bankruptcy. Further, all rights available to the other party provided for in Paragraph 6.14 hereinafter shall be available to the party not filing bankruptcy. $.4 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. $.5 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. --Page 12 of 16-- 5.6 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 5.7 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 5.8 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 5.9 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 5.10 Severabilit~. If any term, condition, clause, section, 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. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. --Page 13 of 16-- $.11 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. $.12 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. $.13 Enforceabilit~ and Consideration This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of --Page 14 of 16-- breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: Date BlgADLEY D. CLARK --Page 15 of 16-- COMMONWEALTH OF PENNSYLVANIA · COUNTY OF ~l/%~/~lt~f(~,'14 i On this_ ~ day of . .}Q] officer, personally appeared JUI, IE M. CLARK, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed 2003, before me, the undersigned the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. N~o~ry Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~/.,Lin ~or"-/t///o/ On this // day of &r'7 } , 2003, before me, the undersigned officer, personally appeared BRADLEY D. CLARK, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. i ..... NOr^R,A IN WITNESS WHEREOF, I hereunto set my hand and official seal. } DEBORAH WARREN, Notary Public } j Shlppensburg, Cumberland County ] IMy.Oommisst2n Expire. Nov, 8, 20061_ Notary Public --Page 16 of 16-- JULIE M. CLARK, Plaintiff Vo BRADLEY D. CLARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION LAW ; · NO. 02-4839 · IN DIVORCE CIVIL TERM .PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301 (c) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: certified mail, restricted delivery on October 17, 2002. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: April 23, 2003 by Defendant: April 11, 2003 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: April 28, 2003 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: April 28, 2003 ~~rr~ey for ~l'ffnt~~ IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF JULIE M. CLARK, Plaintiff BRADLEY D. VERSUS CLARK~ Defendant NO. PENNA. 02-4839 CIVIL TERM DECREE IN DIVORCE AND NOW, DECREED THAT Julie M. Clark ~l;.~ IT IS ORDERED AND _, PLAi NTIFF, AND Bradley D. Clark , DEfendanT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WhICh hAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT Yet BEEN ENTERED; The parties' Separation and Property Settlement Agreement dated April 11, 2003 is incorporated herein, but not merged. By The COURT: / AT J. ~PROTHONOTARY