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HomeMy WebLinkAbout97-04618 . ~ ~ SANDRA CLARK, Plalntltl' : IN HIE COURT OF COMMON PL,EAS : CUMllEI~L^ND COUNTY, PENNSYL VANIA vs, : NO, 97-4618, JOHN CLARK, Oefendanl : IN DIVORCE STIPULATION \] .p {") I. ,.1 1', IJ 'iI 'r:1 'II I, , " ". , " ,'- 'I,',f d" ,') , .' I , ., , ..' .111 " I " J 1'.') AND NOW this _ day of December, 1997, the above named parties hereby sllpulale to Ihe entry of a Qualified Domestic Relations Order !nthe form attBched hereto. -.VtfI/>>~d/ / a/~ ~ Sandra Cl'ark , I " " ' 1. Separat ion, It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit, The foregoing provision shall not be taken as sn admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. Interference, Each party shall be free from the interference, authority and control 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 or attempt or endeavor to molest the other, nor in any way to harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart, of the other, Each of the parties hereto understands and agrees that neither shall do or say anything to the child of the parties at any time which might in any way influence the child adversely against the other party, 3. Division of Real J?rocertv, Husband and Wife acknowledge that the real estate owned by the parties as tenants by the . entireties situate at 10 Winter Drive, Dillsburg, York County, Pennsylvania is being sold, and each agrees to cooperate fully in the consummation of an existing contract to sell the property for a selling price of $136,000,00, Upon sale and settlement of the real property which is currently scheduled to occur on or before December 10, 1997, the net proceeds, after deduction of the normal and reasonable costs of sale, including real estate brokers' 2 commissions, payments of liens and encumbrances, and also including the payoff of a certain Sovereign Bank first mortgage loan (Account No, 009-6013060) having a current balance of approximately $96,000.00 and the payoff of a certain equity loan to Fulton Bank (Account No. 0641364384), shall be divided and distributed as follows I (a) Husband shall receive at the time of settlement a sum equal to fifty percent (50%) of the total net proceeds from the sale of the real estate plus $10,500,00 less $1,300,00 representing one-half of the agreed-upon value of the Ford Escort automobile referred to in Paragraph 4(a) below. (b) The remaining proceeds of the sale shall be distributed to Wife at the time of settlement, Pending settlement, Husband shall be solely responsible for the payment of all costs of ownership and maintenance of the marital real property and Husband shall pay, when and as due, all payments required to be made to Sovereign Bank on account of the first mortgage (Account No, 009-6013060) having a current balance of approximately $95,000.00 and on the equity loan to Fulton Bank (Account No, 0641354384), 4, Division of Personal Prooertv. (a) Vehicles, Wife's 1990 Pontiac LeMans vehicle' shall be and remain the sole and separate property of Wife free and clear of all right, title, interest or 3 claim of Husband. Husband's 19BB ~ontiac GrandAm automobile shall be and remain the sole and separate property of Husband free and clear of all right, title, interest or claim of Wife, /j 1988 Ford Escort heretofore titled in the name of Wife shall be transferred to Husband upon the execution of this Agreement, with Husband to bear any costs and taxes associated with such transfer. (b) Bank Accounts. All of the parties' accounts heretofore held in joint names have been distributed between the parties and each party hereby waives any right, title, interest or claim in and to any checking, savings or other type of bank or deposit accounts held in the name or for the benefit of the other party individually, The foregoing notwithstanding, the parties agree and acknowledge that Wife had removed from joint savings accounts at or about the time of the separation of the parties a total net sum equal to $21,000,00, which said amount the parties acknowledge to constitute marital property distributable to the parties. Wife shall retain such account in her sole name free and clear of any right, title, interest or claim of Husband with respect thereto. (c) Pensions, Retirement Benefits, etc. Husband's employment, at the Thompson Through Learning <I ~ corporation, Husband participates in a 401lk) or other deferred compensation program, which said account has a value or balance of approximately $1,800.00, Said account shall be and remain the sole and separate property of Husband, free and clear of all claims of Wife, contemporaneously with the execution hereof and as part' of the entry of a Decree in Divorce, the parties shall enter into a stipulation and take such other steps as may be required to obtain a Qualified Domestic Relations Order assigning and transferring one-half of such Individual Retirement Account at Core states Bank. N.A. to the Wife as an Alternate payee, Wife's Individual Retirement Account as heretofore maintained at putnam Investments and having an approximate value of $1,900.00 shall be and remain the separate property of Wife, free and clear of any right, title, interest or claim of Husband, Wife shall retain any and all right, title and interest and as her sole and separate property the value accruing to her benefit in her employer's retirement or pension system, all of which such interest is, to wife's knowledge, unvested at the present time, (d) Investment Account. Husband's interest in a certain Investment Account maintained at Lind-Waldock and 5 CQmpany, the value of which is approximately $600,00, shall be and l'emain the lIole and separate property of Husband free and clear of any right, title, interest or claim of Wife. (e) Miscellaneous Personal Procsrty, Except as herein otherwise provided, all other personal property heretofore owned and used in common by the parties shall be and become the individual property of the party in possession thereof at the time of execution of this Agreement, free and clear of any and all claims of the other party. Each party hereby waives any and all claims that he or she may have against the other for property hereby distributed to the other party. The foregoing provision regarding miscellaneous personal property notwithstanding, each party acknowledges that photos, films or videotapes, particularly those depicting the parties' daughter, Kelly, have been divided equally between the parties to their mutual satisfaction but, in the event the parties each desire to retain the same photo, film or videotape, then the parties shall share equally in the expense and cost reasonably required in order to make a reproduction or copy of such photo, film or videotape, Should it become necessary at any time for either party to execute any titles or other documents to give effect to this 6 paragraph 4, it shall be done immediately upon the requeat of the other party. 5, Custodv and Visitation, Husband and Wife ",hall share legal custody of their child, Kelly A, Clark, and acknowledge that it is their mutual intent to the greatest ext~nt practicable to share physical custody of such child, In the event of a disagreement of the parties, each parent shall retain the right to seek an Order from a court of competent jurisdiction regarding custody and visitation. Husband agrees to continue to provide such medical, dental and other health insurance as Husband has heretofore provided for the parties' child or such equivalent coverage as Husband may choose and purchase in the event current or existing coverages shall change or no longer be available, All non-covered medical, dental, eye care, prescription and/or orthodontic expenses for the child shall be paid by Husband, 6, Child SUl:leort I Seoussl Suel:lort / Alimony, For and in consideration of wife's withdrawal and waiver of the right to seek an award of spousal support, alimony pendente lite and/or permanent alimony, Husband hereby agrees that he will not at any time commence, pursue or prosecute an action to seek child support for the minor child, Kelly, it being acknowledged that Husband's obligation to provide support or to pay alimony to Wife would be roughly equivalent to the amount which Wife would be required to pay as child support, In the event any action for support is 7 commenoed or prosecuted againl3t Wife, Husband agrees to and shall indemnify and save Wife harmlel3S of and from any and all amounts which Wife ill required to pay as a result of any such support action, including the amount of any real30nable attorneys' fees Wife may incur in the defenl3e of l3uch proceedings. Additionally, if HUl3band hereafter commence 13 or prosecutes an action for contributionl3 for child l3upport or l3imilar purpol3e with respect to the minor child, Kelly, and against Wife, this Agreement's provisionl3 regarding waiver of Wife's entitlement to alimony shall immediately become null and void and of no further force and effect, and Wife shall be thereafter entitled to receive from Husband a periodic payment of alimony in an amount equal to any amount Wife may be required to pay as child l3upport, and the parties agree that the entry of a Decree in Divorce incorporating the terml3 of this Agreement shall not operate as a bar to the reopening of the divorce proceedings fo;: purposel3 of enforcement of such alimony award. 7. Tax on prooertv Divil3ion, The parties hereby agree and express their intent that any tranl3fers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 or other similar tax acts (hereinafter the "Act"), specifically, the provisions of the said Act pertaining to transfers of property between spousel3 or former spouses. The partiel3 agree to sign and cause to be filed any electionl3 or other documents required by the Internal Revenue 8 service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfers and subject to the carry-over bRSis provisions of said Act. As to transfers to which the Act may not or does not apply, Husband shall be solely responsible for any and all taxes that may be assessed or become due from Husband, and Wife shall be solely responsible for any and all taxes that may be assessed or become due from Wife as a result of or arising from this Agreement, 8. Full Disclosure. Husband and Wife each represent and warrant to the other that he and she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, of all liabilities I of the source and amount of the income of such party of every type whatsoever, and of all other facts relating to the subject matter of this Agreement. Husband and Wife each acknowledge that they are aware of their ability to require formal verification regarding assets, liabilities and the like by means of discovery or otherwise within the Divorce Action, and each hereby waives the right to seek such discovery or to otherwise compel a more formal disclosure, each party being fully aware of the nature and extent of all of the parties' assets, liabilities and the like and the values of all such assets and/or the amounts of any liabilities, 9. Additional IrlstrumejlU, Each of the parties shall .on demand execute and deliver to the other any deeds, bills of sale, 9 car titles, assignments, consents, tax returns and any other documents and shall do or cause to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement, 10. Wife's Debts. Wife represents and warrants to Husband that she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her, 11. Husband' s Qebts, Husband represents and warrants to Wife that he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him, Husband agrees to be and remain solely responsible for the full payment of a credit account at Hechinger's (Account No, 34-5215-000679-0) having an approximate balance of $520.00. Husband also agrees to remain solely liable for and to promptly pay from any amounts distributable to him at the time of settlement on the sale of the marital real estate a certain dental bill for Husband owing to Machodi & Klein in the approximate amount of $900,00. 12. Waivers of Claims, Except as herein otherwise provided, each party may dispose of his or her property in any way/ and each 10 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, widow's allowance, right to take in intestacy, right to take against the Will of the other, right to claim or seek equitable distribution of property, alimony, alimony pendente lite, spousal support, counsel fees or expenses, and 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. 13. Leaal Reoresentation, Husband and Wife acknowledge that Husband has been represented with respect to the negotiation, preparation and execution of this Agreement by John W, Purcell, Esquire, and Wife has been represented by Bruce F. Bratton, Esquire, Husband and Wife each acknowledge that they fully understand the legal impact of this Agreement and intend to be legally bound by the terms of this Agreement, 14, Voluntarv Execution. The provisions of this Agreement are fully understood by both parties, and each party acknowledges that this 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, Each of the parties hereto acknowledges that it 11 is his or her express intent to waive and/or settle any and all economic claims arising from or by virtue of the marital relationship between the parties, except as herein otherwise provided to the contrary, and each further acknowledges that he or she understands, whether he or she has sought independ~nt legal counselor not, that he or she has read this Agreement and fully understands the terms hereof and accepts the terms of this Agreement in place of and in full satisfaction of and with the intent to settle any claim for distribution of any property right (including equitable distribution of marital property), alimony, spousal support, alimony pendente lite (except as may be reopened as hereinabove provided) I counsel fees and other litigation expenses, or any other economic claims arising from or out of the marital relationship, 15. Action in Divorce, Simultaneously herewith, Husband and Wife shall execute Affidavits of Consent to the entry of a Decree in Divorce and such other documents as shall be reasonably required to obtain a Decree in Divorce in the Divorce Action and shall deliver same simultaneously to Wife's attorney. In the event a Decree in Divorce is entered, the terms of this Agreement shall be incorporated in such Decree and shall not be modified or affected by such Decree, H:, Br.each. In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other 12 remedies available at law or in eqllity, to recover from the breaching party all costs which the non-breaching party may incur, including reasonable attorneys' fees, in any action or pro~eeding to enforce the terms of this Agruement, 17. Entire Aoreel1\lID.t., 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, 18, Modification and Waiver, Any modification or waiver of any provision 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 default of the same or similar nature. 19, Governino Law. This Agreement shall be governed by and shall be construed in accordance with ,the laws of the Commonwealth of Pennsylvania. 20, Indeoendent Seoarate Covenants. 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 covenant and agreement, 21, 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 13 " " ." I, .1 ',..1 .. , " " ...... ,. I' I, , ' " , . , n '" '~ ... ,1~ 1,1 " " 'I I I ,. ) j .~, .... , ':"\ i..'] , ,r') i ; .'/ '''1. )., '1' ".. ;;,? ~" , .. '''t' '~ " ! III ~:! '" , "~w-..-._)1 ~""~-"-:Y'\. ~~. .-)'--:... ._ ; . . -. ~ , , ~ JOHN CLARK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PE~NSYLVANIA CIVIL ACTION - LAW NO, 97-4618 IN DIVORCE SANDRA CLARK, plaint iff v. PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY I Transmit the record, together with the following information, to the Court for entry of a Divorce Decreel 1, around for divorce I Irretrievable breakdown under section 3301(C) of the Divor~e Code. 2, Date and manner of service of the complaint ~ By Acceptance of Service executed by Defendant on september 24, 1997 and filed October 15, 1997, 3, (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code I By plaintiff on December 10, 1997 and by Defendant on December 10, 1997, (b) Date of Execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code I Not applicable, 4, Related claims pending I None. 5. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the Decree is to be entered under Section 3301 (c) of the Divorce Codel Not applicable, or, date of execution of Waiver of Notice of Intent I By Plaintiff on December 10, 1997 and by D~fendant on December 10, 1997, and date of filing of Waiver I ..41(JjUX( It ,1997. 6, Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the Decree is to be entered under Section 3301 (d) (i) of the Divorce Code I Not applicable, Respectfully submitted, MARTS~~;? / By ~cx---- Bruce F. Bratton, Esquire Attorney 1.0. No, 23949 2515 North Front Street p, 0, Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Date I / ~ J~m ft. {l1 Attorneys for plaintiff " " I " \I J " " " I ,..) I ,\~r') .:) !,.~ -...1 I,". r:1 '"'H II , , ,<Ij(' II , , I, .''/ c ~ , I ..f" i' , " I :1 , . _l. ( ; , I I .. . ....... i ! " <<;:) -. " ,I , " p~oceder sin usted y oecreto de divorciaa anu1amiento puede ser emitido en su contra par 1a Corte. Una decisi6n puede tambi6n ser emitida en su contra por cua1quier otra queja 0 compensaci6n rec1amados por e1 demandante. Usted puede perder dinero, 0 propiedades u otras derechos importantes para usted. Cuando 1a base para el divorcio as indignidades 0 rompimiento irreparable del matrimonio, usted puede soUcitar consejo matrimonial. Una lista de consejero/l matrimoniales est.1 disponible en la oEicina del Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO PINAL DB DIVORCIO 0 ANULAMII!:NTO SEA EMITIDO, USTED PUEDE PERDER EL DBRBCHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. III NO TIBNE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONnE PUEDE OBTENER ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone I (717) 240-6200 Dat~ ~3 f.J~l.4d ?7 l/U- By Esquire Attorney I.D. No. 23949 2515 North Front Street P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Attorneys for Plaintiff 2 . " SANDRA CLARK, Plainti'ff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. q1~ '1(,,11' Cl~ u.u.... IN DIVORCE v. JOHN CLARK, Defendant COMPLAINT UNDER SECTIONS 3301(c) AND Cd) OF THE DIVORCE CODE 1. plaintiff is Sandra Clark, who currently resides at 5325 Oxfor.d Drive, Apt. 117, Mechanicsburg, Cumberland County, pennsylvania. 2. Defendant is John Clark, who currently resides at 10 Winter Drive, Dillsburg, York County, Pennsylvania. 3. plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on or about January 14, 1978 in New Bedford, Massachusetts. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request that the Court require the parties to participate in counseling. 7. plaintiff avers as the grounds upon which this action is basedl , , ~~ fl ,n '.iI ~ t.. ~~ ,I ~ ;~; j [', -... I , . ..; 1"'1 ~ ;- , f' ~ (, I~I ;~ """ ," ... ~ J .~. "'1 " l. ~I' ~ tX -....J .' " :.L. ' " 'I .' ~ ~ J.I (,' t.1 . "I ,~) , .. ,,' ~'1 '-,I ~1 -, -1-- , ... '" ,~ Pl~ , ~ " I , ' , " I' , I' , . I . SANDRA CLARK, I IN TH~ COURT OF COMMON PLSAS plaint if f t CUMBER~AND COUNTY, pENNSY~VANIA t v. I CIVIL ACTION - LAW t NO. 97-4618 JOHN CLARK, t Defendant t IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Sections 3301 (c) and Cd) of the Divorce code was filed on August 26, 199'7. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed frot~ the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of Notice of Intention to Reque:;t Entry of the Decree. 4. I understand that I may lose rights concerning alimony, division of property, attorneys' fees or expenses if I do not claim them before a divorce is granted. 5. I have been advised of the availabil ity of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require tha~ my spouse and I participate in counseling prior to the divorce becoming final. 6. I am not a member of the armed forces of the United States of America nor any of its allies. 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. Section 4904 relating to unsworn falsification to authorities. Date: ~2.,J/~/l'/7 \~~1f{~ ~Jt/ Sandra Clar , pla ntiff " . , " " " " " (j '-'I ''il 1;_1) ...., i~' ,) ., 0 i-I( 1'1*" " / ','I "." . ~.. '1'1 " e fJI I'." , " #r(1 ;-, ~r; "::Il .!,:i). .'- , /\" ,.- .. 'oj ",. ,...., ~.., ") (J1 " '". , , " , I. , , It' I SANDRA CLARK, plaintiff IN THE COURT OF COMMON pL~AS. CUMB~RLAND COUNTY, pENNSYLVANIA CIVIL ACTION - LAW NO. 97-4618 IN DIVORCE v. JOHN CLARK, D"fendant AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Sections 3301(c) and Cd) of the Divorce Code was filed on August 26, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of Notice of Intention to Request Entry of the Decree. 4. I understand that I may lose rights concerning alimony, division of property, attorneys' fees or expenses if I do not claim them before a divorce is granted. 5. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 6. I am not a member of the armed forces of the United States of America nor any of its allies. 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.Section 4904 relating to unsworn falsification to authoritie. ;' ,/.. Date: IPl;;~h?,.'4f: ~ I ' " . . , , , ': , , :11 " " " " I, , , , , " (;., ~1J '. , , ., 'II , , "r "~it .. in;" "~I ';"'1 ) II'" " ..- ,!I} ", ..:'\ '~ ., ',) 1,., ., ,~ . \1 t;,. , , :i,l \' 1:": .. '1,1 , . I,.jo ',II ,,' , r/l ". , , " , 1 " " . . 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