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Home My WebLink About97-01618 7 j;,u/9"1 - CrJ2A C'1'Y m II ;l..:c.L lo fJ/7 G.,,,{tL "u..,., 1'C. L- y,,~ i lteL -I cJ Pc..(2/. I, . ., I ' , i .. ~ MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 3'& day of ...PJp'; ( , 1997, by and between William M. Clark, (hereinafter referred to as "Husband, ") and Carole Lee Clark, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on June 16, 1989; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, there were no children born of this marriage; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to 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 maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit 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 the other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 1 " 3. DIVISION OF PERSONAL PROPERTY The parties have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. Neither party will make any claim to any such items which are now in the possession or under the control of the other. 4. AUTOMOBILES 7. MARITAL DEBTS Wife shall have all rights, responsibilities, duties and title to the 1989 Ford Bronco II and Husband shall have all rights, responsibilities, duties and title to the 1990 Dodge Ram. Wife shall transfer the title to the Dodge Ram to Husband. Each party shall be fully responsible and liable for any and all loans, maintenance, insurance, or other costs associated with the ownership of their respective vehicles. Each party agrees to indemnify and hold the other harmless for any liability arising from the vehicle in their possession. 5. DIVISION OF REAL PROPERTY The parties agree that the marital home at 8 Laurel Drive, Mechanicsburg, Cumberland County, Pennsylvania, shall be sold and the net proceeds shall be equally divided. The parties agree to equally share the costs incurred in preparing the house for sale. 6. PENSION AND RETIREMENT ACCOUNTS Husband and Wife shall maintain their separate pension and/or retirement accounts. Husband relinquishes any and all rights he may have in Wife's pension or retirement accounts and Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts. Husband shall be responsible and hold Wife harmless for all debts solely in his name and Wife shall be responsible and hold Husband harmless for all marital debts solely in her name. All outstanding joint debts shall be satisfied from the proceeds of the sale of the marital residence. Any undisclosed or unknown debts that may arise will be the responsibility of the party who incurred them and the responsible party agrees to hold the other harmless. The parties acknowledge that they owe and shall pay to wife's parents the sum of $800.00 from the proceeds of the sale of the marital home. 2 .. 8. FILING OF IRS RETURN Husband and Wife agree to file a joint tax return for tax year 1996 and separate tax returns in all subsequent years. The parties expect a 1996 tax refund in the amount of $1,466.00. The parties agree to equally divide the tax refund. The parties anticipate a capital gain on the sale of their marital residence. It is agreed that each party shall report and be responsible for 1/2 of the capital gain as determined by a mutually agreed upon tax accountant. Each party shall indemnify and hold the other harmless for hiS/her share of the capital gain. It is understood that either party may have the right to rollover his/her share of the capital gain. Either party, may upon written agreement of the other, after payment of valuable consideration, elect to assume total responsibility for the capital gain realized by the sale of the marital home. 9. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that upon the expiration of the 90 day waiting period each party shall sign the documents necessary to obtain a 3301(c) no fault divorce. 10. INCORPORATION This agreement is to be incorporated into any subsequent Degree in Divorce. 11. CONTINUED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement execute any and all written instruments assignments, releases, titles, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 12. BREACH If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaChing this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 3 13. VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 14. NAIVER OF CLAIMS AGAINST ESTATES 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 may now have or hereafter acquire under the present or 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, curtesy, statutory allowance, widows 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. 15. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 16. MODIFICATION AND WAIVER Any modifi~ation or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities 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 default of the same or similar nature. 17 . PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void and of no affect. 18. EN'XlRE 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. 19. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 4 Commonwealth of Pennsylvania: County of (Ju.",J.tJan# : ss J.. PERSONALLY APPEARED BEFORE ME, this II day of this I.lv?Le I 1997, a notary public, in and for the Commonwealth of P~YlVania, William M. Clark, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. , ; !. ss iii SlI"ION jO UOll2POSSV 2IU2^I!suuad ',aqwaVj ooo~ 'c ~ eunr SeJldx3 UOIS9IWWO:> AVj .\luno:> ullldnoo 'OJnQS1J.lOH Oljqnd .\JOION 'lIaS.O:> sawer AO^,OH leas leuOlON CA~4~ ~ Nota P/J lie Co~monwealth of Pennsylvania: County of Cumberland PERSONALLY APPEARED BEFORE ME, this If day of this O~ , 1997, a notary public, in and for the Commonwealth of P~~sYlvania, Carole Lee Clark, known to me (or satisfactorily proven to be) the persoll whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contaj.n,;d. NOlarlal Seal Harvoy Jamas Cassoll, Nolary Public Harrisburg, Oauphln County My Commission Explros June 13, 2000 Member, Pennsylvania Association 01 Notaries c;,(~) a~ (2~ Notavui&ic 2 ,.. II) ( 0- r" ", j ,-', " II: -. ( ,. V. . L:.. ("it.. 1\.,' " L, l. , .. , :J II: ::.-' f ":.. , ,. ,- ...I U '" (,) .,., \,(l t- b~ '" i~ , lLl~'l ..::; ()~; . __... I U~-.: " ():,: .l,> " '- . w: .. .:;,1" > [1_: >,e. 1-' -', ,"-- 1,1. ('- -' U G' U ~ CAROLE LEE CLARK, I IN THE COURT OF COMMON PLEAS PLAINTIFF I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. 97 - It-II CIVIL TERM I WILLIAM M. CLARK, I IN DIVORCE DEFENDANT I COMPLAINT UNDER SECTION 3301(0) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Carole Lee Clark who resides at 8 Laurel Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is William M. Clark who resides at 8 Laurel Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 16, 1989, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. CAROLE LEE CLARK, . IN THE COURT OF COMMON PLEAS . PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA . I V. I NO. 97-IG/J CIVIL TERM I WILLIAM M. CLARK, I IN DIVORCE DEFENDANT I AFPIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 31, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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 acknowledge that pursuant to Rule 1920.42 (e) I have waived the requirement that I receive notice of intention to request entry of ~ the decree. 4. 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 7- /0-97 {lil../Ut.{l ~ Cl-cuJ-e.. Carole Lee Clark ,.,t:'~ >- \.!l (~ (": ,... ..:.: , , I.Ilr",: -, , - (). ft' t":'. " , , 9: c' , L:'C . - ~'~ .,1, , :. " ~ j G:~ :c' ':"- -'J ", ..... " u c' 0 -,. t.;> .;-. b- r-",I , j:-: (", -. " I.;.. ( ) 4 " Co( ~~: . L:". -:_1 cjl. fi)~ ,/.' :.:L ~:.; ~~ " J r:' '" " "- :~ , C c.;..~ U . '. , , CAROLE LEE CLARK, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 16/8 CIVIL TERM WILLIAM M. CLARK, DEFENDANT IN DIVORCE 1. I consent to the entry of a final decree 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. ''ill '" WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) OF THE DIVORCE CODE I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: lltJ- 17 "J6' . 1/'-' ,- '/} /1- M I ;<~!/. iM~ William M. Clark '- l!) .- i.;: {'.: I., r:: h II./=- -,' ( ).' i!: ~. I~~ .'-i U.. I' C," LTi.l "-:_111 i L.. -- j, . = u, r-. , U 0" ej . . , , Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the attached Acceptance of Service, the Complaint was received by the Defendant on April 3, 1997. is CAROLE LEE CLARK, PLAINTIFF v. IN THE COURT or COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 1618 CIVIL TERM WILLIAM M. CLARK, DEFENDANT IN DIVORCE CERTIFICATE OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by depositing the same in the United States mail on April 1, 1997, pursuant to Rule 1920.4 of the Amendments to the 17'u-mtY /), &uu Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 ..... In :>: h"; "- i=-. ; " ,!., -- ~); , . -, I.l;: L!.,l ,- 0', 0 ' , fI:'; J(:. _ J, :~~ W,,:. -,' i-' -, ", ..... .j 0 '-~ U Dated: -1-- 3 -'17 tiU~~ /lit??- William M. Clark 8 Laurel Drive Mechanicsburg, PA 17055 DEFENDANT ~. ~ . .. . CAROLE LEE CLARK, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1618 CIVIL TERM WILLIAM M. CLARK, DEFENDANT IN DIVORCE ACCEPTANCE OF SERVICE I, William M. Clark, accept service of the Complaint In Divorce in the above captioned matter. ... ~) ~ (Y. , , ~'\. , j:-: .. I lie! c'. " H: ~: '-'- C1:_ r. ~ C", 1;./ __I, ',' u~.. :.:; ,., i., , r- ~.3 U CO :.J ... ....... , " CAROLE LEE CLARK, PLAINTIFF I I I I I I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 1618 CIVIL TERM IN DIVORCE v. WILLIAM M. CLARK, DEFENDANT. AFFIDAVIT OF INTENTION TO RESUME PRIOR SURNAME COMMONWEALTH OF PENNSYLVANIA . . . . COUNTY OF CUMBERLAND . . CAROLE LEE CLARK, being duly sworn according to law, deposes and says that she is the Plaintiff in the above-captioned divorce 11.4 tLd 7/lt/17 action in which a final decreeAfrom the bonds of matrimony was entered and she hereby elects to resume her prior surname of CAROLE LEE WIAN and, therefore, gives this written notice avowing said intention, in accordance with #704 of the Act of November l5, 1972, P.L. 1063, 54 PA.C.S.A. 704. r rM.~& .)t.c Ci 04L Carole Lee Clark To be known as C M~..Lc ~e. t.J~ Carole Lee Wi an Sworn and subscribed to before me this JJ. ....~ay , 1997. olarial Soal H mes Cossell, Notary Public arrlsburg, Dauphin County My Commission Expires Juno 13, 2000 Member, Pennsylvania Association 01 Notaries 'II' I: ,