HomeMy WebLinkAbout97-04618
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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
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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.
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Sandra Cl'ark
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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'
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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
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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
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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
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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
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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
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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
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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,
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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
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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
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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
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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
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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
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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
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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
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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
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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: ~
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