Loading...
HomeMy WebLinkAbout02-5033LISA MARIE CLARKE, Plaintiff MATTHEW ALAN CLARKE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA - : Civil Action - 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 claim of 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 grounds 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LISA MARIE CLARKE, Plaintiff V, MATTHEW ALAN CLARKE Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · Civil Action - In Divorce COMPLAINT COUNT I - Divorce 23 Pa. C.S.A. §3301(c) 1. Plaintiff Lisa Marie Clarke, is an adult individual residing at 101 E. Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Matthew Alan Clarke, is an adult individual residing at 1817 Willow Road, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania and have resided therein for a period in excess of six (6) months immediately previous to the filing of this Complaint· 4. Plaintiff and Defendant were married on October 22, 1994. 5. Plaintiff avers that the ground upon which this action is based is that the marriage is irretrievably broken. 6. There have been no prior actions of divorce between the parties in this or any other jurisdiction. 7. The Defendant is not a member of the Armed Services of the United States of America. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the dght to request that the court require the parties to participate in counseling. 10. Plaintiff avers that there are no children born of this marriage. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II - Equitable Division, Distribution and Assignment of Marital Property 11. The averments of paragraphs 1 through 10 above are incorporated herein by reference as if set forth in full. 12. The parties are the owners of various items of personal property and real property which qualify as madtal property as defined in Section 401 of the 1980 Divorce Code, as amended. 13. Said madtal property is subject to equitable division, distribution and assignment by the Court. 2 WHEREFORE, the Plaintiff requests this Honorable distribute and assign all of the parties' marital property. Respectfully submitted, Court equitably divide, DATED: October 3, 2002 FENSTERMACHER AND ASSOCIATES, P.C. (~. JOhn R. Fenstermacher Supreme Court I.D. #29940 --~ 5115 EastTrindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff 3 CERTIFICATE OF SERVICE AND NOW, this day of October, 2002, I, John R. Fenstermacher, hereby certify that I have served the foregoing Complaint in Divorce by mailing a true and correct copy by United States first class mail, certified mail return receipt requested, postage prepaid, addressed as follows: Matthew Alan Clarke 1817 Willow Road Camp Hill, PA 17011 FENSTERMACHER AND ASSOCIATES, P.C. By: John R. Fenstermacher VERIFICATION I, Lisa Marie Clarke, have read the foregoing Complaint and hereby certify that the facts set forth are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. Const. Stat. Ann. {}4904 relating to unsworn falsification to authorities. DATED: '[-isa M~lr~,(C[a rke LISA MARIE CLARKE, Plaintiff MATTHEW ALAN CLARKE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5033 Civil Term Civil Action - ~n Divorce PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 16, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both 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. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. LISA MARIE CLARKE, Plaintiff MATTHEW ALAN CLARKE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5033 Civil Term Civil Action - In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. /.,-' Lisa IVl'ar~5%rke - LISA MARIE CLARKE, Plaintiff MATTHEW ALAN CLARKE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5033 Civil Term Civil Action - In Divorce DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 16, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both 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. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: Matthew~lan Clarke LISA MARIE CLARKE, Plaintiff MATTHEW ALAN CLARKE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5033 Civil Term Civil Action - In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Matthew Alan Clarke LISA MARIE CLARKE, Plaintiff Vo MATTHEW ALAN CLARKE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5033 Civil Term Civil Action -.In Divorce CERTIFICATE OF SERVICE AND NOW, on this 17th day of March, 2003, I, Connie R. Shultz, hereby certify that I have served the foregoing Complaint in Divorce upon Defendant by mailing a true and correct copy by United States certified first class mail on October 23, 2002, addressed as follows: Matthew A. Clarke 1817 Willow Road Camp Hill, PA 17011 The return receipt is attached hereto as Exhibit "A". FENSTERMACHER AND ASSOCIATES, P.C. ~_.,cmnie R. Shultz, Secretary EXHIBIT 'A' · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Matthew A. Clarke 1817 Willow Road Camp Hill, PA 17011 [] Agent [] II O. Is delivery address different from item 17 [] Yes I~~,livery address below: [] No - LtJ~13ertifiad Mail [] press Mail~ /~R'~';~:~ail ~eturn Receipt for Merchandise I. [] Insured Mail [] C.O.D. 4. Restdct~ Delivery? (Ex/fa Fee) [] Yes 2. Article Number ~','~,s~r~m~i~ 7001 1940 0006 8634 PS Form 381 1, August 2001 Domestic Return Receipt 8346 102595-01 -M-2509 LISA MARIE CLARKE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW ALAN CLARKE, Defendant NO. 02-5033 Civil Term Civil Action - In Divorce PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under {}3301 (c) of the Divorce Code Date and manner of service of the complaint: Certified mail (receipt attached) on October 23, 2002 Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff, March 13, 2003; by defendant, March 12, 2003. Related claims pending: None. All related claims resolved pursuant to Matrimonial Settlement Agreement, dated March 13, 2003, attached hereto. Date of plaintiff's Waiver of Notice in §3301 (c) r)ivorce was filed with the Prothonotary: Filed herewith Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Filed herewith John R. Fenstermacher Supreme Court I.D. #29940 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this/~/,, day' of ~~_.:_, 2003, by and between Lisa Marie Clarke of 101 E. Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania ("Wife"), and Matthew Alan Clarke of 1817 Willow Road, Camp Hill, Cumberland County, Pennsylvania ("Husband"). Recitals: A. The parties hereto, being Husband and Wife, were lawfully married on October 22, 1994. B. Differences have arisen between Husband and Wife in consequence of which they have begun to live separate and apart from each other. C. Husband and Wife acknowledge that they both have consulted their attorneys and have been advised by their attorneys of all of their rights and duties or have had the opportunity to consult independent legal counsel and have willfuily,.knowingly and voluntarily waived the right to consult an attorney. NOW, THEREFORE, in consideration of the mutual promises, Covenants and undertaking herein contained, the parties, each INTENDING TO BE LEGALLY BOUND, agree as follows: reference. Recitals. The Recitals set forth above are incorporated herein by 2. Divorce. It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in the Divorce Code, their marriage is irretrievably broken. Wife has filed an action in the Court of Common Pleas, Cumberland County, Pennsylvania at Docket No. 02-5033 Civil Term. The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions) necessary to assure that a divorce pursuant to 23 Pa. C.S.A. § 3301 of the Divorce Code is entered as soon as possible. This Agreement and any ancillary or supplemental agreements shall be incorporated by reference but not merged into the proposed Divorce Decree presented to the Court. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by each other. Neither party shall molest the other in any way whatsoever nor endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision 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. 3. Marital Property. (a) Personal Property. Husband and Wife acknowledge that they currently have in their possession all of their separate and distinct personal property. (b) (c) Retirement, Pension, 401-K Plan. Husband and Wife hereby relinquish all right, title and interest in the other's retirement funds, pension benefits, deferred compensation, or any other employee benefit. Real Property. Husband certain real property, shall retain sole ownership of consisting of 1) the property and improvements situated thereon, located at 1817 Willow Road Road, Camp Hill, Cumberland County, Pennsylvania. Wife hereby relinquishes all right, title and interest in this property. Wife agrees to execute all documents necessary to convey, transfer or encumber the real property as is reasonably required by Husband including, but not limited to, deeds, mortgages or agreements of sale. Debts and Obliqation.~. Individual debts/obliqations. Each party hereby agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her on or after the date of this Agreement. If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of any such debts and obligations, such party will at his or her sole 3 expense defend the other party against any such claim, action or proceeding, whether or not well-founded, and indemnify the other party against any loss resulting therefrom. Each party otherwise hereby expressly agrees to indemnify, defend and hold harmless the other from any and all liability, direct or indirect, including attorneys' fees and costs, which may arise in connection with an obligation, joint or otherwise, for which the party has agreed hereunder to bear sole or partial responsibility, or which the party has failed to disclose and provide for herein. 5. Legal Fees. Each party agrees that they shall be responsible for their own legal and other fees incurred by them in connection with this domestic relations matter unless otherwise specified herein or otherwise agreed to by them. 6. Automobiles. Upon execution hereof., the parties agree that they each shall retain sole ownership of the automobile they have in their possession at the date of execution hereunder. 7. Other Writings. Each of the parties hereto agrees to promptly execute any and all documents, deeds, waivers, bills of sale, tax returns or other writings reasonably necessary to carry out the intent of this Agreement. 8. Further Debt. (a) Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and 4 shall indemnify and save harmless Husband from any and all claims or demands, including attorneys' fees and costs, made against him by reason of debts or obligations incurred by her. (b) Husband shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands, including attorneys' fees and costs, made against her by reason of debts or obligations incurred by him. 9. Mutual Release. Except as otherwise provided herein and so long as this Agreement is not canceled by subsequent agreement, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present and future, specifically from the following: alimony pendente lite; alimony; spousal support; division of property; claims or rights of dower and right to live in the House; right to act as executor or administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in any life insurance policy of the other unless specifically named otherwise or as required herein; and any claim or right in the distributive share or intestate share of the other party's estate, all unless specified to the contrary herein or in a subsequent writing signed by the parties hereto. 5 10. Tax Return. Each party shall be solely liable, for any tax liability from 2002 forward and each shall indemnify, defend and hold the other harmless from and' against any such liability for tax years commencing in 2002 and thereafter. As to all tax years prior to 2002, each party represents and warrants to the other that each has provided true and accurate information concerning all income from all sources, all deductions and legitimate business expenses and that, to the best of the knowledge of each, all such tax returns have been true, correct and accurate. In the event the Internal Revenue Service or any other taxing agency shall examine or audit such returns and shall determine there was or has been a failure to state incomE; or a disallowance of claimed deductions, the person who failed to disclose such income or who inaccurately or incorrectly claimed such deductions shall bear sole responsibility for the payment of any such additional tax liabilities, penalties, interest or the :like which may be thereafter assessed and shall indemnify and save the other party harmless of and from any and all claims, demands, suits, actions or causes of action, costs and expenses, (including reasonable attorney's fees), to which such person or party may become exposed or liable by reason of such additional taxes, penalties, interest or the, like. 11. Medical/Health Insurance. Upon execution hereof, each party shall be responsible for their own medical/health insurance and the maintenance thereof, if any. 6 be in default shall be liable for all expenses, including reasonable attorneys' fees, incurred as a result of such proceedings. 16. Agreement Voluntary and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties; (b) Enters into this Agreement voluntarily after receiving the advice of independent counsel or, having been advised to consult independent counsel, has knowingly and voluntarily chosen to forego such consultation; (c) Has given careful and mature thought to the making of this Agreement; (d)Has carefully read each provision of this Agreement; and (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 17. Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 18. Applicable Law. This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 8 COMMONWEALTH Of PENNSYLVANIA COUNTY OF CUMBERLAND · SS.: On this, the /~, day of ~ , 2003, a Notary Public, the undersigned officer, personally appeared LiSa Mbrie Clarkel-known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notaw-~-Frdblic ~ My Commission Expires: (SEAL) I NOTARIAL SEAL CONNIE R. SHULTZ, Nolary Public M, .ech~anicsburg Bom.. Cumbe'laod County i My t.,ommission Expires August 19. 2006 · SS.: On this, the ~ day of ~n 2003, a Notary Public, the undersigned officer, personally appeared Clarke, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ublic ' -- ~ My Commission Expires: (SEAL) NOTARIAL SEAL CONNIE R. SHULTZ, Nola~ Public Mechanicsburg Boro. i Cumberland County My Commission Expires August 19, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. Plaintiff Versus MATTHEW ALAN CLARKE, Defendant DECREE IN ~.~ AND NOW, ...... ~. 2.0.03., it is ordered and ~/ .... plointiff, end ......~,~w.Ma.o.¢~r..~ ........ , defendont, ore divorced from the bonds of motrimony. The court retoins jurisdiction of the following cloims which hove been roised of record in this oction for which a finol order hos not yet been entered; .by refecence