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Home My WebLink About01-2582 FX A'=' ~>..."jj~" , , , :f. if.if.:f. , if. if.if. if.:f. , , :f.if. :f. :f. , if. if. :f.:f.:ti"',., , , , , , . , , . . . , , . . :tiif.if.:f. , IN THE COURT OF COMMON PLEAS , . OF CUMBERLAND COUNTY , , . PENNA. , , STATE OF . . , Jehll R. elesneR', , . . . , 01 - 2582 CiTil Term Plaintiff No. . , VERSUS . . LAah M. en f.n"."", , Defendant , , , . DECREE IN DIVORCE AND NOW.~}'l- ).leI , IT IS ORDERED AND , , , i t.t',~7~/A.. . , , , , . . . , , , . . DECREED THAT .J.h. 1l Clt!!lll<Pnll , PLAINTIFF, Leah M. ClemD1il1 , DEFENDANT, , AND . . , . 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; . . . , , , . , . . Nene . . . . , , , . . , . . . . . , J, ' . . . . , , PROTHONOTARY , . . , :f. :f. :f.:f.:f.:f.:f.:f. if.:ti :ti:f.:f.:ti:f.:ti:f.:tiif.:tiif.:ti ~ , , , , , , , , , " :f. :f.:ti:f. :f.:ti " ,~,., "', 'I "., , -1 ~' ~ I . "'," , , . . . , . . , , . . . , , . . . , , , . . . , , . . . . . . , , . . . . . , , , , , , , , . . , , . . , . , . , , . . , , ,,:::~~,,;";.,iti1Ii'_~"~~~~~if&~~;l\!h..ili!I\m~"""'~'~ ~"~;".~ ~~, ~.. 1''cX.t>/ 'if",).!? ;()/ ..... , ~.~ "",;i"~..'__ '..~, .. '. tW-~~~4a/~ ~~;ft~. ,",L".J~fL ,,! L!Lllll.ll!.[I,~I~l1tI.l!l\!UIJtl!L. ...".','.., ',' , L. "~ "e " '"' ~'"' ,..f,', __. '"' ..." i 01~ ~ . JOHN R. CLEMONS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. ; No. tJl- ()5'tJ. Civil Term LEAH M, CLEMONS, Defendant : 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 other claim or 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. Where 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 at the Office of the Prothonotary, Cwnberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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. Cwnberland County Bar Association 2 Liberty Avenue Carlisle, Pa. l7013 (717) 249-3166 !i~10' "T , S,'~ - , I, , -" , ~,L~ ,--", vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; No. 01- ;} Sf'.2- ~ Civil Term JOHN R. CLEMONS, Plaintiff LEAH M. CLEMONS, Defendant : ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is John R. Clemons, a competent adult individual, who has resided at 143 W. Middlesex Drive, Carlisle, Cumberland County, Peunsylvania, 17013 since October 2000. 2. Defendant is Leah M. Clemons, a competent adult individual, who has resided at 1180 Brandt Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055 since 1990. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on May 30, 1970 in Carthage, New York. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have three children together, however, all are competent adults above the age of eighteen. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. ~~'1 >. ~,-[ . , r '"-"~., '"' , .~ 10. The Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken; and! or (b) That the Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this Complaint are trne and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unswom falsification to authorities. Respectfully submitted, Date: ~ 30. cJ; J e Adams, Esquire .D. No. 79465 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTITF }'~, " " . '-I--~, l;l 15if cc_ .. !-~' ,~ ~ ~ C) ...&> ('. W I ~." "' ."'c'o'd",," ^'M'""'-""; '".~'rllnl~llr"'ijr"r~"~ 'f'j'i:{i ~ -- ~ ~ ~ ':t::, ~ " ~)\ ~ 0 0 c: <- ---- "1J . ~~ ..,. !Jl u" -,''" ~ ~ -.rr, ~'J". ~i2~: ."" '" CO> I ~ :-('~ d L r:'r- <:: -.' -0 Pc VJ Z.< _~'i". 1!t ~ j,.:U C r:-.:) 'Q z --, N :t::, -< ......1 ~ ~ ~d ~\ ~ :p o -,;'1 ~ r-- "'-T1 < ""')' ._~(~, -"',_-.-' _.--T1 ..:~ --n :.::;.~ C) :>:.;rn '~-' -, ;Ie> :.a -< "il!l!'III~~~'IroI'!n%~"?);I(!11l!W,,"~7<'J.~'WJ-:P;~~~~~'Jm'lI''''.mfI;!i'Mi~''!!t~~[~I~~J!I!!'f!&' ~ -., - ~ .. . JOHN R. CLEMONS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 01 - 2582 Civil Term LEAH M. CLEMONS, Defendant : ACTION IN DIVORCE AFFIDAVIT OF SERVICE OF NOTICE TO DEFEND AND COMPLAINT. AND NOW, this May 9, 2001, I, Jane Adams, Esquire, hereby certify that on or about May 4, 2001, a true and correct copy ofthe NOTICE TO DEFEND AND COMPLAINT were served, via certified mail, restricted delivery, return receipt requested, addressed to: Leah M. Clemons 1180 Brandt Road Mechanicsburg,Pa.17055 DEFENDANT Respectfully Submitted: J e Adams, Esquire I. . No. 79465 17 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 1,,~, _,.., ' "'.~,,'f", _,,, < _ _"_,,,, 1->.., , , ., .......""1' .~ a<~ ~~.. ~"~ .-" -, -"""= . ,~ . .. " 1'!lllIftIJI~". ''''-'', _<l"__ . "'" .... .". 'A"n " "1'llfT"'! In: . rrw ")""ffrlft'fli'>iF r ~. .. (') i:::;r C) c S :::,;'; -OCfJ -:-~:;;> mrT' ..< 2:3,' :.' ~~~i:' ~.t;:) ~:~j !;:c~ 'l~ ~: ::1>c' '. .s> . , ~:C) . . ,,, PC .-i :z ;;1 "'r> -< ~ -< -< ~~""'_ ,~p.ll'iI!'/ll@l"~"""'~:_'--l,."",*""~?@""t-~~~~I!l!'~iIY",ljl1'i!!!ifljl"!1;;Ij'~-'!II~.~" SENDER: CO.MPLETE THIS SECTION ' . CompletEr~1emS.1, 2, and 3. Also complete item 4 if Restricreia Delivery is desired. . Print your nar,r1e 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: ..~/h.~ /{S{);3~U 1J?ed1~v:>:>//f /7i/..n- PS Form 381" July 1999 2. Article Number (Copy from service label) . -- 3 ~ervlce Type ~'~~~M;;re .......[:r~eglstered o Insured Mail Domestic Return Receipt 102595-0Q-M.0952 :*',' '" . ... JOHN R. CLEMONS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 01 - 2582 Civil Term LEAH M. CLEMONS, Defendant ACTION IN DIVORCE . AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301 (c) of the Divorce Code was filed on May 1, 2001. , J 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 8113/0, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301/cl OF THE DIVORCE CODE 1. I consent to 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.' ~4904 relating to unsworn falsification to authorities. Date: SiD/D) rl~JZoLh15 J n R. Clemons, Plaintiff 1~~ ~ ",- .1 t.,-, , ~ I " -r.- -~ ~~ . ~ -~"._, "'l '1" __~ ~~~'-"""1 .~~ ~, """""" , . ~~ ~~. .~~" o C ? "1Ji'J'j rpr;.~ ~s:' ;:s ~;;c; ~c ::8 -:-;.-('-'" ;SC' ~ " 0;: :J' '.... ()) C:) -." .:t>. ~ ~~ ~-. G) -"t:r '::!t *' =".=~~,~ ",'~ '".1-S-:"'''l'rruu~'d'<;''w~ 41 {~~) --,""j ',:''/")' -,i-- i";:.1 ",.....:.. "-:_-=i-:; (~,~~? '~I .~ :J:J --<: ~""",..~.,"",!,!,,,,__~.^l1!'F.!i1!-.~'"4''''' '1<""","' i'!~~~,", ,,.~!~r?lilJj~""!Q~~P;ii1H?";")':';"'-''::''f:'''''"'<'''i':'';'''f!'''''-;!,,,,,.r:;~Y;,OOll!l;"!!i'.!WlR1lilliJii<l:~:;~'0J.~!~('*'?!":1i'":';~,~~~IiJ!!V It ... < ,"-.". v . JOHN R. CLEMONS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 01 - 2582 Civil Term LEAH M. CLEMONS, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on May 1, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: /0 tkc; 0/ c&cJ 772 (7J(.//7/lAg.) Leah M. Clemons, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301/cl OF THE DIVORCE CODE 1. I consent to 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. ~4904 relating to unsworn falsification to authorities. I/) tk9 tf/ tirA/?J (?~~~) eah M. Clemons, Defendant Date: "'_JIl, t, ,'-! ,-, . , I.. -,' "" .,_ "=',"01~""'_~""""''''1''''_'IlI>1'~. lil cq~ 11 ..~- ., ~~lJi!!!'~, ~ ~__~ ' '0__' -'-"-~-"""",""'"a'.;;~ o S ..,.. "1:1fj>; Q1ry'; tf;;." ~'E; .2.:(J :;;;0 c: ;.::: -j -<. (;I") "- illi ifl!']' " <:;) - (:-) -,'I ~ :-- ,?") ---1<.1 ;'".' !'ICH ~ f .: :'--:fS! '- c., ~..",. ~.;:' ,,~.:: ("": ~:fn, .""' :0 -:: _. _!"'P"I'1~~~.!l'~~'Gf"'f1"'\'~""""'r'--'-!~>;~S;;:-YTr.~;.RO:i;,-r,:.;l1\1!)l~~~~,",,F!,jrp:1't"'\i:"~:~ljl!i1l1~NJ~~~'~~~;' ( JOHN R. CLEMONS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 01 - 2582 Civil Term LEAH M. CLEMONS, Defendant : 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: 1. Ground for divorce: irretrievable breakdown under ~3301 (c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by certified mail. restricted delivery. return receipt requested. delivered on: May 4. 2001. 3. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce Code: By Plaintiff: August 13, 2001 By Defendant: August 10, 2001. 4, Related claims pending: None: marriage settlement agreement filed July 3. 2.QQ.L 5. Date Defendant's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: August 13, 2001. Date Plaintiff's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: August 13, 2001. Date:~. \4 ,e) \ Adams, Esquire o. 79465 7 outh Hanover St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff ''''j;jIl\1".--~~ ,'~ " I ~~, , ,~ -, .- _ ~ '~r - o_~ -"~ ,~ .. f JOHN R. CLEMONS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V5. No. 01 - 2582 Civil Term LEAH M. CLEMONS, Defendant ACTION IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made thi- ~day of VU AJ-€..-- , 2001, by and between, LEAH M. CLEMONS, of Mechanicsburi"'cG~be~land County, Pennsylvania, hereinafter referred to as "WIFE", and JOHN R. CLEMONS, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 30, 1970, in Carthage, New York, and; WHEREAS, there were three children born of this marriage, all of which have reached the age of eighteen and are competent adult individuals; WHEREAS, differences, disputes, and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle'their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one against the other or against their respective estates; NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. 2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel of JANE ADAMS, ESQUIRE, as his attorney. The Wife is PRO SE. Each party has carefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. WIFE has been advised of her right to counsel, voluntarily elected to forego representation, and understands that Jane Adams, Esquire is only representing HUSBAND. 3. SEPARATION. That the parties intend to maintain separate and permanent domiciles and to live apart from each other, It is the intention and purpose of this agreement to set forth their respective rights and duties while they continue to live apart from each other. Whereas a Complaint in Divorce was filed, both parties will agree to a No-Fault Divorce after the applicable ninety (90) day time period has run. ';1, '1-, .-, ,,"_, '.,', I.'" , "" " I The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 4. FREEDOM FROM INTERFERENCE. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 5. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Husband has filed a Complaint in Cumberland County, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301 (c) of the Pennsylvania Divorce Code. Wife hereby expresses her agreement that the marriage is irretrievably broken and expresses her intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not either or both of the parties shall remarry (it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of separation.) It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment, or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 6. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE. The transfer of property, funds, and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 8. MUTUAL RELEASE OF ALL CLAIMS. HUSBAND and WIFE each do hereby mutually remise; release, quit-claim and forever discharge the other and the estate of the other, of and from any and all rights; titles, and interests, 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, or whatever nature and wheresoever situate, which she or he 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 or by way of dower or curtesy, or claims in the nature of dower or curtesy of 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 ,..::~ . "V """j"~'_,"'~[~,,:""~_""".': ~ '. ,-^ _, _~_ l-:p~!, -.~I"r ~-- !lIIIIII~ all other rights of a surviving spouse to participate in the decease spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth, or territory of the United States, or any other country, or any rights which Wife 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 any 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. 9. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants represents that they have not contracted any debt or liability for the other or which the estate of the other party may be responsible or liable, and except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. 10. DIVISION OF PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, fumiture, furnishings, rugs, carpets, household equipment and appliances, picture's, books, works of art, and other personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically wavier, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 12. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or both of the parties, they agree as follows: (a) The 1993 Dodge Shadow shall be and remain the sole and exclusive property of Wife. (b) The 1994 Chrysler Minivan shall be and remain the sole and exclusive property of Husband. The titles to the. said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 13. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 14. ALIMONY and LEGAL FEES. Each party agrees to be responsible for his or her own legal fees and expenses. Husband agrees to pay Wife the amount of $500 alimony each and every month for an indefinite period of time. This obligation may be modified by mutual agreement of the parties, or on the basis of material change in the circumstances of the parties and shall not contractually obligate the Husband to pay Wife the sum of not less than $500 per month without regard to the circumstances of the parties. 15. INCOME TAX RETURNS. Husband and wife represent to each other that to the best of their knowledge all tax returns and other documents required to be filed with the Internal Revenue Service for calendar years 1970 through 2001 have been filed and that no notices have been received from the Internal Revenue Service which remain unresolved. Each party further represents to the other that to the best of his or her knowledge, the information set forth in the joint tax return for these calendar years was ,;;';;,!F!llll'Uftbll "-'" '-,- "P " ~ I; ~ and remains accurate as relates to his or her sole income and acknowledges that the other party relied on such representations in signing those returns. Therefore, if any deficiency in federal, state, or local income taxes is proposed, or any assessment of any such tax is made against the other party by reason of his or her having joined in the filing of joint federal, state or local income tax returns, Husband and Wife shall indemnify and hold harmless the other against and from any and all tax, interest, penalty, or expense relating from any such tax deficiency, including reasonable counsel and accounting fees, and such tax, interest, and penalties or expenses shall be paid solely and entirely by the responsible party as determined to be attributable to that party on account of misrepresentation or failure to disclose relevant information of income on the aforesaid joint returns. 16. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof 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. 17. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 18. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 19. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. OTHER DOCUMENTATION. Wife and Husband 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 effectuation of this Agreement. 21. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 22. SEVERABILITY. 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 provisions 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 obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 23. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this agreement. 24. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges and declares that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this ag~eement voluntarily, free from fraud, undue influence, coercion or .:;!fIfilI,>~ , ,,-'~' '" - ,.-- ,'C -I." ,):t'-~t' duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: Date: G ' d.9' 0/ COMMONWEALTH OF PENNSYLVANIA ri.1 COUNTY OF CUMBER~D On this, the ~ day , 2001, before me, the undersigned officer, personally appeared known to me, (or satisfactorily proven) to be the person whose name is subsc ed to the wit in instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~AJh If) ~~ H M. CLEMONS, Wi e Date: , ~ca/~, TNESS ~ COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) ~# On this, th day of ~ /?e.- , 2001, before me, the undersigned officer, personallyappeare .~ //), C1c"b~ known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 'A~~!ifR~ " ,_, _ p, ~ . ., -I;t;E~' .J, . . ~ \~'1-',.". '0"1,. ~"f ad~ My commission expires: NOT JANE E. ADA:.\~3, Nllla!y Public Cartl~!t} fJ!Jw, Cumoon~nd County My COl'nmission ~ffiS Sapt &, 2004 ~ ~~ -r ...... .......~.,...,,-~~ '''li' ,-,~,-~~ , ,-, - "' '.-',,".~ ~Jf ,<'--. ;:~: r - (;-~I ' E;~ :;;-~ )..":;. 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