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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
?x
STATE OF PENNA.
GLEN E. SARGEANT,
NO. - 99-6262 .Xi.v.il.
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.... ELAINE E.D. SARGEANT,. _
DECREE IN
DI VORCE IQ I
AND NOW, ........... 1,9 Po?---it is ordered and
decreed that ....Glen • E.. S4rgeant• , . , , • , • . • , plaintiff,
and ..... )r1.aine..E,D:..Sarge.ant........... 'i
•••••••••........, defendant,
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 s
been entered; •:;
The Marriage Settlement A reement between the parties shall be
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incorporated but shall not merge with the ft,nal,,I?PPKgq. in •Wvorce.
ny T Cour
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Prothonotnry
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GLEN E. SARGEANT, : IN THE COURT Of COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99.6262 CIVIL
ELAINE E.D. SARGEANT, CIVIL ACTION - LAW
Defendant 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:
I. Ground for divorce: irretrievable breakdown under Section
(X) 3301 (c) ( ) 3301 (d) of the Divorce Code. (Check applicable section.)
2. Date and manner of service of the Complaint: October 20, 1999,
by Certified Mail.
3. Complete either (a) or (b).
(a) Date of execution of the Affidavit of Consent required by
Section 3301(c) of the Divorce Code: May 8, 2002, by Plaintiff, May 8, 2002, by
Defendant.
(b) (1) Date of execution of the Plaintiffs Affidavit required by
Section 3301(d) of the Divorce Code:
(2) Date of service of the Plaintiffs Affidavit upon the
Defendant:
4. Related claims pending: The Marriage Settlement Agreement
between the parties shall be incorporated but shall not merge with the final Decree in
Divorce.
5. Complete either (a) or (b).
(a) Date and manner of service of Notice of Intention to file
Praecipe to Transmit Record, a copy of which is attached:
(b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was
filed with the Prothonotary: May 15, 2002.
Date Defendant's Waiver of Notice in §3301(c) Divorce was
filed with the Prothonotary: May 15, 2002.
6. Social Security Numbers:
(a) Plaintiff: 184-48-7540
(b) Defendant: 191-46-1025
elo
ttomey for Plaintiff
CL.
C!
MARRIAGE SETTLEMENT AGREEMENT
By and between
Elaine Sargeant
-AND-
Glen Sargeant
Dated: 6- t- , 2002
INDEX
PAGE
1. Divorce and Separation ................................................................ 4
2. Division of Property ..................................................................... 4
3. Income Tax Prior Returns ............................................................ 6
4. Execution of Additional Documents ........................................... 6
5. Transfers Subject to Liens ........................................................... 7
6. Complete Listing of Property ...................................................... 7
7. Equitable Distribution of Property .............................................. 7
8. Relinquishment of Ownership ..................................................... 7
9. After-Acquired Property .............................................................. 8
10. Debts ............................................................................................. 8
11. Bankruptcy ................................................................................... 9
12 Alimony ........................................................................................ 9
13. Full Disclosure ............................................................................. 9
14. Releases ........................................................................................ 10
15. Indemnification ............................................................................ 10
16. General Provisions ....................................................................... 11
17. Fair and Equitable Contents ......................................................... 11
18. Breach ........................................................................................... 12
19. Independent Separate Covenants ................................................. 12
20 id Clauses
V 12
. ................................................................................
o
21 Execution of Documents 13
. ..............................................................
22. Applicable Law ............................................................................ 13
23. Non-Merger .................................................................................. 13
24. Disclosure and Waiver of Procedural Rights .............................. 13
25. Tax Advice ................................................................................... 14
26. Representation of Parties ............................................................. 15
Signature Page .............................................................................. 15
Acknowledgement Page ............................................................... 16
MARRIAGE SETTLEMENT AGREEMENT
AGREEMENT MADE this _6'r" day of , 2002, by
and between Elaine Sargeant -AND- Glen 5argeant, at I larrisburg, Penn Ivania.
WHEREAS, the parties hereto are husband and wife, having been married
on March 7, 1980, at Cumberland County, Pennsylvania.
WHEREAS, diverse and unhappy differences, disputes and difficulties
have arisen between the panics 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 fully
and finally their respective financial and property rights and obligations as between each
other including, without limitation by specification: settling of all matters between them
relating to the ownership and equitable distribution of real and personal property; settling
of all matters between them relating to the past, present and future support, alimony
and/or maintenance of Wife by I lusband or I iusband by Wife; and in general, the settling
of any and all claims and possible claims by one against the other or against their
respective estates. The parties separated on January 3, 1997.
NOW, THEREFORE„ in consideration of the aforegoing premises and of
the mutual promises, covenants and undertakings hereinafter set forth and for other good
and valuable consideration, receipt of which is hereby acknowledged by each of the
parties, Wife and I-lusband, each intending to be legally bound hereby, covenant and
agree as follows:
1. Divorce and Separation. The parties agree to the entry of a
decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and
Wife shall at all times hereafter have the right to live separate and apart from each other
and to reside from time to time at such place or places as they shall respectively deem fit,
free from any control, restraint, or interference whatsoever by the other. Neither party
shall molest the other or endeavor to compel the other to cohabit or dwell with him or her
by any legal or other proceedings. The foregoing provision shall not be taken to be an
admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the
cause leading to their living apart. A reconciliation will not void the provisions of this
Agreement.
2. Division of Property. Husband and Wife agree that the following
constitutes an equitable distribution of the marital property:
A. The following shall become the sole and exclusive property of
Husband:
1. husband shall retain any pension plans and/or retirement
plans and/or employee stocks or savings plans, mid/or 401 K plans
and/or any and all other employment benefits, which he has
accumulated during the course of his past or present employment.
2. husband shall retain the marital residence at 607 East
Winding Hill Road, Mechanicsburg, Cumberland County,
Pennsylvania. In consideration thereto, as well as in consideration
of all other conveyances within this Agreement. Husband and Wife
agree that Husband shall pay unto Wile the sum of $53,233, as
4 /0 /&45
more fully set forth in Paragraph 2 (13)(2) below. I lusband further
agrees to refinance the mortgage on said marital home and further
promises to indemnify Wife and hold Wife harmless for any losses
which she may suffer thereto.
3. Husband shall retain ownership of the Prudential account,
the Service Master account, and the New York Life account.
B. The following shall become the sole and exclusive property of Wife:
1. Wife shall retain any pension plans and/or retirement plans
and/or employee stocks or savings plans, and/or 401 K plans and/or
any and all other employment benefits, which she has accumulated
during the course of her past or present employment.
2. In consideration for the aforegoing, specifically Wife's
conveyance and/or waiver of her right, title or interest unto the
marital residence, as well as Husband's retirement plans and/or
401 K plan, Husband agrees to pay unto Wife the sum of $53,233.
This sum shall be paid within one year of the date of the divorce,
and it shall be in the form of cash, or a share of I lusband's
retirement plan, at I lusband's option. In furtherance thereto, Wife
shall sign a Deed to the marital residence contemporaneously with
the signing of this agreement. I lowever, l lusband's attorney shall
hold the Deed in escrow until such time as Husband makes fill
payment of $53,233 unto Wife.
S ?/1,?I
C. All personal property in the possession of each party as of the date of
execution of this Agreement shall remain the sole and separate property of each party
respectively.
D. The parties acknowledge that they have each made to the other a full
accounting of their respective assets, estate, liabilities, and other sources of income and
based thereon they mutually agree that the property listed above constitutes the entire
marital property.
3. Income Tax Prior Returns. The parties have heretofore flied
joint federal and state tax returns. Roth parties agree that in the event any deficiency in
federal, state or local income tax is proposed, or any assessment of any such tax is made
against either of them, each will indemnify and hold harmless the other from and against
any loss or liability for any such tax deficiency or assessment and any interest, penalty
and expense incurred in connection therewith. Such tax, interest, penalty or expense shall
be paid solely and entirely by the individual who is finally determined to be the cause of
the misrepresentations or failures to disclose the nature and extent of his or her separate
income on the aforesaid joint returns.
4. Execution of Additional Documents. The parties agree to each
sign Affidavits of Consent upon the expiration of ninety (90) days following the filing
and service of the Divorce Complaint. The parties agree to execute any deeds,
assignments, titles or other instruments necessary and appropriate to accomplish the
aforesaid division of property.
5. Transfers Subiect to Liens. Notwithstanding any other
provisions in this document all property transferred hereunder is subject to the existing
lien or liens set forth above. The respective transferee of such property agrees to
indemnify and save harmless the other party from any claim or liability that such other
party may suffer or may be required to pay on account of such lien or encumbrance.
6. Complete Listing of Property. The parties represent and warrant
to each other that the property described in this Agreement represents all of the property
in which they have any right, title and interest, and that such property is subject to no
mortgage, pledge, lien, security interest, encumbrance or charge except those which are
disclosed herein. Specifically, the only real assets of the parties are the marital residence
and Husband's retirement accounts.
7. Equitable Distribution of Property. By this Agreement, the
parties have intended to effect an equitable distribution of their jointly owned property.
The parties have determined that an equitable division of such property conforms to a just
and right standard, with due regard to the rights of each party. The division of existing
marital property is not intended by the parties to constitute in any way a sale or exchange
of assets, and the division is being effectuated without the introduction of outside funds
or other property not constituting a part of the marital estate. It is the intention of the
parties to treat all transfers of property herein as non-taxable.
8. Relinquishment of Ownership. Except as provided herein,
Husband forever relinquishes any right or interest he may now or hereatler have in any
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assets now belonging to Wife, and Wife forever relinquishes any right or interest she may
now or hereafter have in any assets now belonging to Husband.
9. After-Acquired Property. Each of the parties shall hereafter own
and enjoy independently of any claim or right of the other, all items of property, be they
real, personal or mixed, tangible or intangible, which are hereafter acquired by him or
her, with full power in him or her to dispose of the same as fully and effectively, in all
respects and for all purposes as though he or she were unmarried.
10. Debts.
A. Husband and Wife agree to be responsible for the joint debts of
the parties as follows: There are no joint debts, other than the mortgage on the marital
residence as more fully set forth in paragraph 12 (C).
B. All debts, contracts, obligations or liabilities incurred at any
time in the past or future by either party will be paid promptly by said party, unless and
except as otherwise specifically set forth in this Agreement; and each of the parties hereto
further promises, covenants and agrees that each will now and at all times hereafter save
harmless and keep the other or his or her estate indemnified and save harmless from all
debts or liabilities incurred by him or her, as the case may be, and from all actions, claims
and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever pertaining to such actions, claims and demands. Neither party
shall, as of the date of this Agreement, contract nor incur any debt or liability for which
the other or his or her property may be responsible, and shall indemnify and save
harmless the other from any and all claims or demands made against him or her by reason
Ael?5
of debts or obligations incurred by him or her and from all expenses, legal costs, and
counsel fees unless provided to the contrary herein.
C. It is agreed between the panics that I lusband shall refinance
any and all mortgages against the marital residence which arc presently in the names of
both parties, within one year from the date of this Agreement. In furtherance thereto,
Wife's name shall at that time be removed from said obligations, and Husband shall be
solely responsible thereafter. It is further understood that pending refinancing, Husband
shall maintain sole liability for payment of the mortgage on the marital residence, and he
shall further be required to reimburse and otherwise indemnify Wife for any losses which
she may suffer, in the event he should fail to make said mortgage payments.
I1. Bankruptcy or Reoreanization Proceedings. The parties hereby
agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and
expressly agree to reaffirm any and all obligations contained herein. In the event a party
files such bankruptcy and pursuant thereto obtains a discharge of any obligations
assumed hereunder, the other party shall have the right to terminate this Agreement in
which event the division of the parties' marital assets and all other rights determined by
this Agreement shall be subject to court determination the saute as if this Agreement had
never been entered into.
12. Alimony. The panics mutually agree to forego or waive any right
to alimony, alimony pendcntc litc, and spousal support.
13. Full Disclosure. Each party hereto confirms that he or she has
relied on the completeness and substantial accuracy of financial disclosures of the other
9 '.?"Z')
as an inducement to enter into this Agreement. The parties acknowledge that there has
been no formal discovery conducted in their pending divorce action and that neither has
filed an Inventory and Appraisement as required by §3505(b) of the Pennsylvania
Divorce Code. The rights of either party to pursue a claim for equitable distribution of
any interest owned by the other party in an asset prior to the date of execution hereof
which interest was not disclosed or known by the other party or his or her counsel prior to
the execution of this Agreement is expressly reserved.
14. Releases. Each party does hereby remise, release, quitclaim and
forever discharge the other and the estate of the other from any and every claim that each
other may now have, or hereafter have or can have at any time, against the other, or in
and to or against the other's estate, or any part thereof, whether arising out of any former
contracts, engagements or liabilities of the other, or by way of dower or claim in the
nature of dower, widow's rights, or under the intestate laws, or the right to take against
each other's will, or for support or maintenance, or of any other nature whatsoever,
except any rights accruing under this Agreement or as otherwise stated in this Agreement.
15. Indemnification. Each party represents aid warrants to the other
that he or she has not incurred any debt, obligation, or other liability, other than described
in this Agreement, on which the other party is or may be liable. Each party covenants
and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold
the other party liable for any other debts, obligations, liability, act or omission ol'such
party, such party will at his or her sole expense, delend the other against any such claim
or demand, whether or not well-founded, and that he or she will indemnil'y and hold
10
harmless the other party in respect of all damages as resulting therefrom. Damages as
used herein shall include any claim, action, demand, loss, cost, expense, penalty, and
other damage, including without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or in opposing the
imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any
inaccurate representation made by or on behalf of either Husband or Wife to the other in
this Agreement, any breach of the warranties made by Husband or Wife to the other in
this Agreement, or breach or default in performance by Husband or Wife of any of the
obligations to be performed by such party hereunder. The Husband or Wife agrees to
give the other prompt written notice of any litigation threatened or instituted against
either party which might constitute the basis for a claim for indemnity pursuant to the
terms of this Agreement.
16. General Provisions. This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior agreements and negotiations
between them. There are no representations or warranties other than those expressly set
forth herein.
17. Fair and Equitable Contents. The provisions of this Agreement
and their legal effect have been fully explained to the parties by their respective counsel.
Each party acknowledges that he or she has received independent legal advise from
counsel of his or her selection and that each fully understands the facts and has been fully
informed as to his or her legal rights and obligations. Each party acknowledges and
accepts that this Agreement is, under the circumstances, fair and equitable, and that it is
??,7,5
being entered into freely and voluntarily after having received such advice and with such
knowledge, and that execution of this Agreement is not the result of any duress or undue
influence and that it is not the result of any collusion or improper or illegal agreement or
agreements.
18. Breach. It is expressly stipulated that if either party fails in the
due performance of any of his or her material obligations under this Agreement, the other
party shall have the right, at his or her election, to sue for damages for breach thereof, to
sue for specific performance, or to seek any other legal remedies as may be available, and
the defaulting party shall pay the reasonable legal fees for any services rendered by the
non-defaulting party's attorney in any action or proceeding to compel performance
hereunder.
19. Indenendent Separate Covenants. It is specifically understood
and agreed by and between the parties hereto that each paragraph hereof shall be deented
to be a separate and independent Agreement.
20. 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 Agreement and
in all other respects this Agreement shall be valid and continue in fill force, effect and
operation.
12 1b
21. Execution of Documents. Each party shall on demand execute
any other documents that may be necessary or advisable to carry out the provisions of
this Agreement.
23. Applicable Law. This Agreement shall be construed under the
laws of the Commonwealth of Pennsylvania.
24. Non-Mereer. This Agreement shall not merge with any
subsequent decree in divorce between the parties but shall survive such decree and be
entirely independent thereof. This Agreement shall be incorporated for the purposes of
enforcement only into any Decree in Divorce which may be entered with respect to the
parties, but shall not be deemed to have been merged with such Decree.
25. Disclosure and Waiver of Procedural Rights. Each party
understand that he or she has the right to obtain from the other party a complete Inventory
or list of all property that either or both parties own at this time or owned as of the date of
separation, and that each party has the right to have all such property valued by means of
appraisals or otherwise. Both parties understand that they have the right to have court
held hearings and make decisions cm the matters covered by this Agreement. Both
parties understand that a court decision concerning the parties' respective rights and
obligations might be different from the provisions of this Agreement.
Each party acknowledges that this Agreement is fair and equitable, that it
adequately provides for his or her needs and is in his or her best interests, and that the
Agreement is not the result of any fraud, duress, or undue influence exercised by either
13
party upon the other or by any other person or persons upon either party. Both parties
hereby waive the following procedural rights:
a. The right to obtain an Inventory and Appraisement of all marital
and non-marital property as defined by the Pennsylvania Divorce Code.
b. The right to obtain an Income and Expense Statement of the other
party as provide by the Pennsylvania Divorce Code.
C. The right to have property identified and appraised,
d. The right to discovery as provided by the Pennsylvania Rules of
Civil Procedure.
C. The right to have the Court determine which property is marital
and which is non-marital, and equitably distribute between the parties that
property which the Court determines to be marital, and to set aside to a
party that property which the Court determines to be that party's non-
marital property.
The right to have the Court decide any other rights, remedies,
privileges, or obligations covered by this Agreement and/or arising out of
the marital relationship, including but not limited to possible claims for
divorce, child or spousal support, alimony, alimony pendente lite,
equitable distribution, custody, visitation, and counsel fees, costs and
expenses.
25. Tax Advice. Both parties hereto hereby acknowledge and agree
that they have had the opportunity to retain their own accountants, certified public
accountants, tax advisor, or tax attorney with reference to the tax implications of this
14 ,I ,t b
Agreement. Further, neither party has been given any tax advice by their respective
attorneys. Further, both parties hereby acknowledge that they have been advised, by their
respective attorneys, to seek their own independent tax advice by retaining an accountant,
certified public accountant, tax attorney, or tax advisor, with reference to the tax
implications involved in this Agreement. Further, the parties acknowledge and agree that
their signatures to this Agreement serve as their acknowledgement that they have read
this particular paragraph and have had the opportunity to seek independent tax advice.
26. Representation of Parties. The parties have mutually worked out
the terms of this Marriage Settlement Agreement. Wife has been represented by
Marianne E. Rudebusch, Esquire. Husband has been represented by Mark T. Silliker,
Esquire.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
?-?l?.a ?crcea u
81ainC Sargcanl
15
COMMONWEALTHI OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
On this 6^ day of , 2002, before me Subscriber, a
Notary Public, for the Commonwealth of I •nnsylvania, came Elaine Sargeant, known to
me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement
Agreement.
Elaine Sargeant
Witness my hand and Notarial seal, the day and year aforesaid.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
L Notary Public
My Commission Expites
NOTARIAN+ BEAT,
James F. Clay,,
CemPHlnBao., beftWOeue6
SS: MYCommissbnExPlrolA*Z04
..
On this LIS"' day of ttit ..4 2002, before me Subscriber, a
Notary Public, for the Commonwealth of Pennsylvania, came Glen Sargeant, known to
me or satisfactorily proven to be the Ilusband in the aforegoing Marriage Settlement
Agreement. ,
Glen Sargeant
Witness my hand and Notarial seal, the day and year aforesaid.
Notary
James F.
16
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GLEN E. SARGEANT,
Plaintiff
v.
ELAINE E.D. SARGEANT,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
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.
When the ground for the divorce is indignities or
irretrievable breakdown of marriage, you may request marriage
counseling. A list of marriage counselors is available in the
office of the Prothonotary, Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
GLEN E. SARGEANT, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
1
V. NO. Z (aeri
ELAINE E. D. SARGEANT, CIVIL ACTION - LAW
Defendant IN DIVORCE
COMPLAINT IN DIVORCE
1. The Plaintiff is Glen E. Sargeant, an adult
individual currently residing at 607 East Winding Hill Road,
Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. The Defendant is Elaine E. D. Sargeant, an adult
individual currently residing at 115 Rolo Court, Mechanicsburg,
Cumberland County, Pennsylvania, 17055.
3. Plaintiff and Defendant have been bona fide residents
in the Commonwealth of Pennsylvania, for a period in excess of six
(6) months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on March 7, 1980
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. This action is not collusive.
7. Plaintiff and Defendant separated on or about January
3, 1997.
8. The grounds for divorce are: The marriage is
irretrievably broken.
9. Plaintiff and Defendant have two children under the
age of eighteen, namely Jacob Sargeant, born December 3, 1985, and
Rebecca Sargeant, born January 27, 1982.
10. Plaintiff has been advised of the availability of
marriage counseling and understands that he may request that
his spouse and he participate in counseling.
11. Plaintiff does not request that the Court require
that his spouse and he participate in counseling prior to a divorce
decree being handed down by this Court.
WHEREFORE, Plaintiff requests this Honorable Court enter
a final Decree in Divorce.
COUNT I - EQUITABLE DISTRIBUTION
12. Paragraphs one through eleven are incorporated by
reference herein.
13. During their marriage, Plaintiff and Defendant have
acquired various items of marital property, both real and personal,
which are subject to equitable distribution under Sections 3501 &L,
sea, of the Divorce Code of 1980.
WHEREFORE, Plaintiff respectfully requests this
Honorable Court equitably distribute all marital property.
Date: L l 2 ?
Respectfully_ ted,
i
00
Mark T. Silliker, Esquire
5922 Linglestown Road
Harrisburg, PA 17112
(717) 671-1500
I.D. No. 33671
A F F I D A V I T
Q ?, l A
I, ? ?? "? , hereby certify that the aforegoing
is true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn
falsification to authorities.
Dated: !0-/?- g5
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GLEN E. SARGEANT,
Plaintiff
V.
ELAINE E.D. SARGEANT,
Defendant
IN TI IE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6262 CIVIL
CIVIL ACTION-LAW
IN DIVORCE
CERTIFICATE OF SERVICE
The undersigned, Renee Dreisbach, hereby certifies that a copy ofa
Complaint in Divorce was served upon Elaine E.D. Sargcant, on October 20, 1999, by
Certified Mail, return receipt requested, addressed as follows:
Elaine Sargcant
115 Rolo Court
Mechanicsburg, PA 17055
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GLEN E. SARGEANT, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 99.6262 CIVIL
ELAINE E.D. SARGEANT. : CIVIL ACTION - LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSF,NT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on October 13, 1999.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. 1 consent to the entry of a Final Decree in Divorce after service of
notice of intention to request entry of the decree.
verify that the statements made in this Affidavit are true and correct. 1
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unsworn falsifications to authorities.
Date: U Z '4" ep L
Glen E. Sargeant
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GLEN E. SARGEANT, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
ELAINE E.D. SARGEANT,
Defendant
No. 99.6262 CIVIL
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c)
OF THE DIVORCE CODE
1. 1 consent to the entry of a final Decree in Divorce without notice.
2. 1 understand that 1 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. 1 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.
Section 4904 relating to unsworn falsification to authorities.
Date: 5-si -UL 4 ' xG -
Glen E. Sargeant 61
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GLEN E. SARGEANT,
Plaintiff
V.
ELAINE E.D. SARGEANT,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-6262 CIVIL
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on October 13, 1999.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. 1 consent to the entry of a Final Decree in Divorce alter 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
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904, relating to unswom falsifications to authorities.
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Elaine E.D. Sargeant
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GLEN E. SARGEANT, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 99.6262 CIVIL
ELAINE E.D. SARGEANT, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c)
OF THE DIVORCE CODE
1. 1 consent to the entry of a final Decree in Divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted.
3. 1 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 arc made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Date: 5 A- U L
Maine I:.D. Sargeant
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g IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
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GLEN E. SARGEANT,
Not. 9g-6262 Ciyil.....
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ELAINE E.D. SARGEANT, ?IfL?
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DECREE IN
DIVORCE
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AND NOW . ............................. 19......, it is ordered and
decreed that ...Glen .E,. Sargeant ............................ plaintiff,
ft and ...... Elaine..E.D....Sargeant ............................ defendant,
are divorced from the bonds of matrimony.
P, The court retains jurisdiction of the followin
81 been raised of record in this action for which a
been entered,
The Marriage Settlement Agreement between
...................................................
k fPco;pprAte0. b0-aball..not. merge. with the.
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Attest:
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i claims which have s
al order has not yet
he parties shall be
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inal..Decr.ee . in-Divorce.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAN
GLEN SARGEANT,
Plaintiff
v.
ELAINE SARGEANT,
Defendant
NO. 99-6262
IN DIVORCE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA:
Please withdraw the appearance of Maryann Murphy, Esquire on
behalf of the Defendant in the above referenced matter.
Respectfully Submitted,
Dated: laig Igi
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AkQAXAt Vk JJ
Maryann Murphy, Esqu re
845 Sir Thomas Court, Suite llA
Harrisburg, PA 17109
(717) 540-8600
Id. No. 61900
Please enter the appearance of Marianne E. Rudebusch, Esquire
on behalf of the Defendant in the above referenced matter.
Respectfully Submitted,
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Marianne E. Rudebusch, Esquire
845 Sir Thomas Court, Suite 11B
Harrisburg, PA 17109
(717) 657-0632
Id. No. 63522
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GLEN E. SARGEANT, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-6262 CIVIL
ELAINE E. D. SARGEANT. CIVIL ACTION - LAW
Defendant : IN DIVORCE
MOTION FOR ENTRY OF A
QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW comes the Plaintiff, Glen E. Sargeant, by and through his
attorneys, the Law Offices Of Silliker and Reinhold, and respectfully requests this
Honorable Court enter the attached Qualified Domestic Relations Order, which has been
consented to by the parties, as an Order of Court and in support thereof avers the
following:
1. Plaintiff, Glenn E. Sargeant, is an adult individual residing at 607 East
Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant, Elaine E. D. Sargeant, is an adult individual residing at
4539 Rolo Court, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. The parties are formerly husband and wife, having been married on
March 7, 1980.
NOV 01 2002
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4. The parties were divorced on May 29, 2002.
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5. The parties have voluntarily entered into a Marriage Settlement
Agreement, the terms and conditions of which provided for a transfer of an amount equal
to $17,233.00 from Glen E. Sargent's Prudential Insurance Company of America
Variable Investment Plan Contract Number 97 676 377 over unto an account to be
opened by Defendant, Elaine E.D. Sargeant.
6. The parties have agreed upon the terms and conditions of a Qualified
Domestic Relations Order relative thereto, and in furtherance thereto, the parties
respectfully request this Honorable Court accept the proposed Qualified Domestic
Relations Order and make it an Order of this Honorable Court.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter
their stipulation as a Qualified Domestic Relations Order.
Dated: Respectfully submitted,,
MAT. Stlhker, Esquire
5922 l.inglcstown Road
Harrisburg, PA 17112
(717) 671-1500
ID No. 33671
Attorney for Plaintiff
Dated: 9-1f3 -O Z
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Glen E.Sargeant
Elaine E.b.Sargcant
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GLEN E. SARGEANT,
Plaintiff
V.
ELAINE E. D. SARGEANT,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-6262 CIVIL
: CIVIL ACTION- LAW
: IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
1. Plaintiff, Glenn E. Sargeant, is an adult individual residing at 607 East
Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant, Elaine E. D. Sargeant, is an adult individual residing at
4539 Rolo Court, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. This Order relates ?o the division of marital property rights between the
parties and in no way provides for child support or alimony payments from
llusband/Participant unto Wife.
4. This Order relates to the Prudential Insurance Company of America
Variable Investment Plan, Contract Number 97 676 377, which is the plan subject to this
Order. It is acknowledged between the parties that Defendant has a Variable Investment
Plan, through The Prudential Insurance Company of America, Prudential Annuity Service
Center, P.O. Box 7960, Philadelphia, PA 19101, and the parties have further agreed that
Defendant shall transfer an amount equal to $17,233.00 from said variable investment
over unto an account to he opened by Defendant, Elaine E.D. Sargeant.
5. Payment shall be made unto Elaine E. D. Sargcant, the former spouse
of the Participant otherwise known as the Alternate Payee. The Participant of the
Prudential Insurance Company of America Variable Investment Plan is Glen E. Sargeant,
social security number 184-48-7540, and his address is 607 East Winding Hill Road,
Mechanicsburg, Cumberland County, PA 17055.
6. The Alternate Payce, Elaine E.D. Sargcant, former spouse of the
Participant Glen E. Sargeant, has a social security number of 191-46-1025, and her
address is 4539 Rolo Court, Mechanicsburg, PA 17055.
7. It is understood that the aforegoing transfer shall be a rollover from one
retirement account into another, and in furtherance thereto, Elaine E.D. Sargcant will
open up a retirement account that will allow her to roll said money over into her own
retirement account, so that it will be considered a tax free transfer.
8. The Prudential Insurance Company of America is hereby directed to
pay and/or otherwise transfer an amount equal to $17,233.00 from Participant, Glen E.
Sargeant's Variable Investment Plan unto Alternate Payee, Elaine E.D. Sargcant, and this
shall be considered her marital share of the Variable Investment Plan.
9. The parties were married on or about March 7, 1980 and divorced on or
about May 29, 2002.
10. Nothing contained in this Order shall in any way require the Plan to
provide any form, type, or amount of benefit not otherwise available under the Plan in
accordance with applicable law.
11. This shall be considered a Qualified Domestic Relations Order.
BY THE COURT:
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