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HomeMy WebLinkAbout04-1057 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEITH S. CLITES, Plaintiff v. CIVIL ACTION - LAW NO. 2004- (p 57 NICOLE R. CLITES, Defendant 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 ofthe marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOUDO NOT HAVE ALA WYER 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA KEITH S. CLITES, Plaintiff CNIL ACTION - LAW v. NO. 2004- NICOLE R. CLITES, Defendant IN DNORCE COMPLAINT IN DIVORCE AND NOW, this 11 th day of March, 2004 comes Plaintiff, Keith S. Clites, by and through his attorneys, Hanft & Knight, P.C., and files the following Complaint in Divorce, and in support thereof avers as follows: COUNT I: DIVORCE 1. The Plaintiff is Keith S. Clites, who resides at 11 Trine Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. The Defendant is Nicole R. Clites, who resides at 245 West Middlesex Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The Parties were married on May 28, 1998, in Boiling Springs, Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Section 3301(c) of the Divorce Code of 1980, as amended. 6. There have been no prior actions for divorce or annulment between the parties. 7. The P1aintiffhas been advised ofthe availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling, and Plaintiff waives same. WHEREFORE, Plaintiffrequests Your Honorable Court enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. COUNT II: CUSTODY 8. The averments set forth in Paragraphs 1 through7 above are incorporated herein by reference as if fully set forth herein. 9. The Plaintiff seeks shared legal and shared physical custody of the following child: Name Present Residence Age D/O/B Katlyn A. Clites 245 West Middlesex Drive 5 Carlisle, Pennsylvania 17013 August 3, 1998 10. The child was not born out of wedlock. II. The child is presently in the physical custody of both the Plaintiff and theDefendant. 12. In addition to the child's present address, during the past five years, the child has resided with the following persons at the following addresses: With Defendant at 1 I Trine A venue, Mt. Holly Springs, Pennsylvania. 13. The mother ofthe child is the Defendant, who resides at 245 West Middlesex Drive, Carlisle, Cumberland County, Pennsylvania. 14. The father of the child is the Plaintiff, who resides 11 Trine Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania. 15. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides alone, when the child is not with him. 16. The relationship of the Defendant to the child is that of mother. The Defendant currently resides with the child. 17. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or another court. The Plaintiff has no information of a custody proceeding concerning the custody of the child in this or any other court. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 18. The best interests and permanent welfare of the child will be served best by granting the relief requested because: a) The Plaintiff has shared physical and legal custody of the child since the child's birth; b) The Plaintiff provides the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; c) The Plaintiff is, and has always been, willing to accept custody of the child; and d) The Plaintiff continues to exercise parental duties and responsibilities and enjoy the love and affection of the child. 19. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court grant Plaintiff shared physical custody ofKatlyn A. Clites and grant the Plaintiff and Defendant hereto shared legal custody of Katlyn A. Clites. Respectfully submitted, HANFT & KNIGHT, P.c. Attorneys for Plaintiff FIUser FoJder\Firm Docs\Gendocs200JIJ J 73-1 divcompJainl. wpd VERIFICATION The foregoing Complaint in Divorce is based upon inforn1ation which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is [rue and correct to the best of my knowledge, information and belief To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. 42J Keith S. Clites F\User Folder\Firm DocslGendocs2003\317J.ldivcomplaillt. wpd ~~ ...... -tv "<\ ~~ ~'N l-' ~ 'f 1:: ~ /t ~ .~ ~ (-') "'.) C~':'::J r::-> 0 ") ;~ .:;f ::-,) ::i'i?~l '" (;, ",.~,~~ ~ ::_ i' ~ t..J r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEITH S. CLITES, Plaintiff v. CIVIL ACTION - LAW NO. 2004-1057 NICOLE R. CLITES, Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this n~ day of March, 2004, I, Michael J. Hanft, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint in Divorce was mailed on March 12, 2004, but actual service took place on March 15, 2004, by Defendant signing for a copy ofthe Complaint in Divorce which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Nicole R. Clites 245 W. Middlesex Drive Carlisle, Pennsylvania 17013 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, T & KNIGHT, P.C. chael J. Hanft, E uire Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 FIUser Folder\Firm DocsIGendocs200413173-1cer,serwpd Attorneys for Plaintiff Exhibit "A" c () ~"-- . "-' c:=> c::> .r- o -n .-1 :T.:::!J rllF -om :~J '-r} S~() "-"':"T, "-, -n (-)(:") ,--,('l't (..J -I ::E: "'.:>0-' :;~ CD -;:.; :~~>'" r,) ..r-- ~-'.... '""-. KEITH S. CLITES PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 04-1057 CIVIL ACTION LAW N[COLE R. CLITES DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 18, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Hubert X, Gilroy, Esq. at 4th Floor, Cumherland County Courthouse, Carlisle on Friday, April 16, 2004 , the conciliator, at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 bours prior to scheduled hearin~. FOR THE COURT. By: Isl Hubert X. Gilroy, Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of [990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our otlice. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AHORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTI! BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ cL~-JI. ~ ~ 447,; t1f' . ~i''Jr"' _ r V. vr' ,40 3/. ~ ~ 'Z ~..,~y ~Jt, /'(/.:3/.[' ~# fp ~~~.pq /?i?$r.c . ":,'. (~J co..~ III 01 ~ .(.., ,Ci (, ~J\1IHaDZ ,AUfl(),\rO'I'(-""i ."" '0 . ....-.:;:.,. II J.:;.J'2.~ .:Jill.:J :J01:t,IC..--U:!lI.7"J MAY 0 6 2004 r KEITH S, CLITES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NICOLE R. CLITES, Defendant NO. 2004 - 1057 IN CUSTODY COURT ORDER "I>t. AND NOW, this l{ day of May, 2004, the Condliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. BY THE COURT, , j' 1"'-" ~."-I ...... 1\.11\1 lU,.' ~ '; ~'.. ,on" .;~.;i\ji IV 08:2 Hd II AVW~aDl " '" r'''llfJl'''' , :JHl JO I\I.lV.l.Vi\>.) i VCtJ oJ ;J 38H:!O-031!.:J 04/25/2004 14:45 71 72431850 MDWO PAGE 03/05 F;\PJLES\OATAIll.t.l!\o-rlll\Ar~CiRNOOCO~\1090" 1.c51ip/tdll cn.ted: 61181113 3:35PM R.cvi~~; 4/26/04 3:;JfI'M 105lQ9,1 KEITH S. CLITES, Plaintiff IN THE couiu OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-1057 CIVIL ACTION -. LAW I IN DIVORCE NICOLE R. CLITES, Defendant CUSTODY STIPULATION AND AGRE:EMENT THIS AGREEMENT AND STIPULATION enterediinto the day and year hereinafter set forth, by and between NICOl.E R. CLITES (hereinafter referr~d to as "MOTHER") and KEITH S. CLITES (hereinafter referred to as "FATHER"). WHEREAS, the parties wish to enter into an agreement relative to custody and partial custody of the child, Katlyn A, Clites, born August 3,1998; NOW, THEREFOR/':, in consideration of the mutual Covcinants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties will have shared or joint legal custddy of the child, meaning the parties shall confer with each other on all matters of importance relating to the child's health, welfare, maintenance and education with a view toward obtaining and follo'wing a harmonious policy of the child's best interest. Each party shall keep the other infonned of the progress of the child's education and social adjustments. 2. FATHER shall have physical custody of the clild on the following schedule: (a) On alternate weekends from 6:00 p.m. Friday through 5:00 p.m. Sunday evening, excluding Mother's Day; (b) On New Year~ Day, Easter, Thanksgiving, L!JOOr Day, Memorial Day, Independence Day, the child's birthday, and FATHER's birthday from 8:00 a.m. until 2:00 p.m.; (c) From 2:00 p.m. on December 25 until 5:00 p.m. on December 26; (d) On Father's Day from 8:00 a.m. until 5:00 p.m/; and (e) Such other tin'es as the parties shall mutually ~gree. 04/25/2004 14:45 71 72431850 MDWO PAGE 04/05 3. MOTHER will have physical custody of the child at all other times not set forth above. 4. The parties will. keep each other advised immediately in the event of serious illness or medical emergency concenling the child and shall further take fillY necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she dlesires consistent with the proper medical care of the child. Each party shall be responsible for the day to day decisions while he or she has custody of the child. Neither party has the right to make: a unilateral decision regarding medical treatment (other tha" emergency treatment). It is agre,ed between the parties that any decisions regarding medical treatment (other than emergency treatment) to be rendered to the child will be made jointly. Each party agrees to keep the other apprized of any and all matters relating to the child's health, education, welfare and activities. 5. Neither parent shall do anything which may estrange the child from the other party, or injure the opinion of the (hild as to the other party, or which may hamper the free and natural development of the child's love or affection for the other party. 'FA TIlER shall have such additional visitation with the child as thll parties shall mutually agree. Both parties will endeavor to foster a relationship between the children and both parents. 6. Any modification or waiver of any of the pr@visions of this Agreement shall be effective only if made in writi 11g and only if executed with the saml~ formality as this Stipulation and Agreement 7. The parties desire that this Stipulation and Agreem1ent be made an Order of Court of the Court of Common Pleas of Cumberland County and 1'mither acknowledge that the Court of Common Pleas ofCwnberland County does, in fact, have jurisdic:tion over the issue of custody of the parties' minor child and shall retain such jurisdiction, shoo1d drcumstances change and either party desire or require moditication of said Order. 8. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing C/n the part of the other. 2 04/26/2004 14:46 71 72431850 MDWO PAGE 05/05 . ~ 9. The parties acknowledge that they have read 3.Il.d lmderstand the provisions of this I Agreement. Each party acknowledges that the Agreement is fair aald equitable and that it is not the result of any duress or undue influence, IN WITNESS WHEREOF, the parties hereto intencijng to be legally bound by the tenns hereof, set forth their hands a nd seals the day and year herein mentioned. WITNESS: ~AAJ~'~~~ ~~ C9~ Date:5J;I/DJ/ / I ~2nlM ~ CJ,O ~e R. Clites, other -3~~~ Keith S. Clites, Father Date: f'-:.2S'-() Y COMMONWEALTH OF PENNSYLVANIA ) 55. COUNTY OF CUMBERLAND ) On this, the Lf 'fA.- day of ~ ' ,2004, before me, the undersigned officer, personally appeared Nicole R. Clites, knowQ to me (or slitisfa.ctoriIy proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHER EOF, I hereunto set my hand andl ofllcial seal. NOTARIAL SEAL CORRINE L MYERS, NOTARY PUBLIC CARLISLE BORa, COUNTY OF CUMBERLAND MY COMMISSION EXPIRES MAY 27,2007 L~~ . 1'./1 A Notary Public) (SEAL) COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) On this, the,Qg!j.; day of IJfr; J ' ,2004, before me, the undersigned officer, personally appeared Keith S. Clites, known to me (or satisf:actori[y proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NoIariaI Seal Mary M. PrIce. Notary Pubic South MIddIoton Twp.. Cumbet1and County My Conmuicn ElcpIree Aug. 18.2007 Member. Pennlytv.nl. Allocl.tlon Of Notaries ~) . . l..):;uw otary Public (SEAL) 3 CERTIFICATE OF SERVICE I, Steven J. Shanahan, Esquire, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Stipulation and Agreement was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Michael J. Hanft, Esquire HANFT & KNIGHT, P.C. 19 Brookwood Avenue Suite 106 Carlisle, P A 17013 MARTS ON DEARDORFF WILLIAMS & OTTO BYSt~L&r~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 14,2004 4 o ,-- :::; '- ....., ~ r-=> ...- o '1", -I :C.,., rllp:: -nrn CcJy ~C:) -.,..- -rl ;~~'=3 i~3 ;:~I"n ~~3 --, .-c 4;- a F:\FlLES\DAT AFlLE\General\Current\ 1 0909_I.CUlOrderl \sjs Created: 5/14/04 7:1lAM Revised: 5/14/04 7:20AM 10909.1 KEITH S. CLITES, Plaintiff v. NICOLE R. CLITES, Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA o NO. 04-1057 CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this l ~ U, day of , 2004 upon Complaint of VVlJ1 Plaintiff and upon Agreement of the parties, the attached Stipulation and Agreement is hereby made an Order of Court, and all prior Orders, if any, on this matter are hereby vacated. ~~ IX ,,~.D\ o BY THE COL'RT: V:.\j'\f.!\"VS~',!~,J?d 111\if"\r,,-, ('l" :....",.,[n:) I\.!..! ';I ,'~ ,1,1 ,- : -'r ';; i 91 .., "J OJ J1:I,lhOOZ 1,(, .;( W /. ~'~'l"j AbV1Ci1JOi-LlOtid 3Hl :f0 3Jl:UO-{I~lH F:IFILESIDATAFILEIGenemIICurrent\I0909-1.affconsent Created: 6119/0311:30AM Revised 9/201049:28AM KEITH S. CLITES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-1057 CIVIL ACTION - LAW NICOLE R. CLITES, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. 11,2004. A Complaint in Divorce under 9 3301(c) ofthe Divorce Code was filed on March 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: )1) (p /r;~ ! .-~ = 5::'1 -~,> f'.' _J c=- o C" " - KEITH S. CLITES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-1057 CNIL ACTION - LAW NICOLE R. CLITES, Defendant IN DNORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &330Hc) AND & 330Hd) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. _.:". -,t,;,; N .......,! _"~ c:' ,,) C:~ r..:::;:" u, _',. _ l 2. I understand that I may lose rights concerning alimony, division of properij~ la*r's:'"jj fees or expenses if! 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties (jf 18 Pa. c.s. 9 4904 relating to unsworn falsification to authorities. Date: G;J~/r,s / I ----- ~ ~>L) '-..l ';~ ,,:,.J, f':> C0 - :-1, F:\FILES\DATAFILE\~eTaJ\Archive\GENDOC03\]0909_1 ,a,grftde Created: 6118J032:58PM Revised: 3/23/043:16PM ]0909.1 O~-/()Sf SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 2\ g}- day of ~~ 2004, by and between NICOLE R. CLITES of 245 West Middlesex Drive, Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "WIFE" AND KEITH S. CLITES of I I Trine Avenue, Mount Holly Springs, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "HUSBAND." WITNESSETH: WHEREAS, HUSBAND and WIFE were married on May 28, 1998, in Boiling Springs, Pennsylvania; and WHEREAS, HUSBAND and WIFE are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; and WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, HUSBAND and WIFE desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, waive their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with their respective attorneys, if they so desired, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to , , be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION AND NON-MOLESTATION AGREEMENT 1.1 It shall be lawful for HUSBAND and WIFE at all times hereafter 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 authority, control, restraint, or interference, direct or indirect, by each other. Each party agrees that he or she will not compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. Each may have for her or his separate use and benefit the right to conduct, carry on or engage in any business, profession or occupation. Neither of the parties shall, in any way whatsoever, interfere with the other's employment or occupation, directly or indirectly. HUSBAND and WIFE shall not molest, harass, disturb, or malign each other or the respective families, employees, or employers of each other. The parties are free to mutually and voluntarily make any efforts to reconciliation as he, she or they shall deem proper. The foregoing provisions, however, shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart, and shall not be taken to be an admission on the part of either HUSBAND or WIFE as to whether either party committed desertion and continues desertion, and nothing contained in this Agreement is to be deemed to justify any such continued desertion. ARTICLE II DIVORCE 2,1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either -2- party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by HUSBAND and WIFE, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing HUSBAND and WIFE to execute the Agreement. HUSBAND and WIFE each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. HUSBAND and WIFE do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and 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 should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such agreements. -3- ARTICLE III EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 40 I of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage, the prior marriages of the parties, the age, health, station, amount and sources ofincome, vocational skills, employability, estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party, the opportunity of each party for future acquisition of capital assets and income, the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits, the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard ofliving of the parties established during their marriage; and the economic circumstances of each party, including federal, state and local tax ramifications, at the time the division of the property is to become effective; and whether the party will be serving as the custodian of any dependent minor children. 3.2 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 effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3,3 Life Insurance. Each party agrees that the other party shall have sole ownership of any insurance policies owned by the other party. Each party shall have the right to borrow, cash in policies, change beneficiaries, and exercise any other incidents of ownership of their respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to transfer ownership in such policies to the respective party who presently owns such policies. -4- 3.4 Pension and Retirement Fund. Each party agrees that the other party shall retain sole ownership, possession and interest of any and all retirement, pension, profit-sharing or similar funds or accounts standing solely in his or her name. Each party shall have the right to borrow, cash in policies, change beneficiaries, and otherwise exercise any other incidents of ownership of his or her respective accounts, funds or policies, free of any right or claim by the other party. Each party agrees to sign any documents necessary to transfer ownership or ownership interest in such funds, accounts or policies to the respective party who presently owns such. 3.5 Personal Prooertv. The parties hereto have mutually agreed upon a division of their tangible personal property to their mutual satisfaction. On and after the date of the execution of this Agreement, the personal property shall be the sole and separate property of the person currently having possession of such property. 3.6 Subseauentlv Acauired Prooertv. HUSBAND and WIFE agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. HUSBAND and WIFE specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.7 Motor Vehicles. Each party shall retain sole and separate ownership of any motor vehicle currently titled in his or her name. Each party shall be responsible for any indebtedness encumbered by any motor vehicle standing in his or her name. 3.8 Intalllrlble Personal Prooertv. Each party shall retain sole and separate ownership of all intangible assets currently titled under his or her separate name, to include, but not be limited to, bank accounts, certificates of deposit, stocks, bonds, accounts receivable, negotiable instruments, brokerage "street" accounts, mutual funds, and any and all other intangible assets whatsoever. -5- ARTICLE IV RELEASE OF SUPPORT AND ALIMONY FOR HUSBAND AND WIFE 4.1 The parties herein acknowledge that by this Agreement they have been respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance and support in the station of life in which they are accustomed. HUSBAND and WIFE do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance. 4,2 HUSBAND and WIFE specifically waive, release and give up any rights for alimony pursuant to Chapter 5 of the Divorce Code. ARTICLE V DEBTS OF THE PARTIES 5,1 Each party represents to the other that except as otherwise specifically set forth in this Agreement, there are no major outstanding obligations of the parties, that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE VI CUSTODY OF MINOR CHILDREN 6.1 Lel!aI Custodv. The parties hereto shall have joint legal custody of their daughter, Katlyn A. Clites, born August 3, 1998. The parties shall confer with each other on all matters of importance relating to the child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the child's best interest, and each shall keep the other parent informed of the progress of the child's education and social adjustments. In the event of serious illness of the child at any time, the then-custodial parent shall notify the other parent immediately, informing the other parent ofthe nature of the illness. During such illness, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care ofthe -6- child. The word "illness" as used herein shall mean any disability which confines the child to bed under the direction of a licensed physician. 6,2 Phvsical Custodv. Primary physical custody of the minor child shall be with WIFE. HUSBAND shall have visitation with his daughter, Katlyn A. Clites, pursuant to a separate stipulation between the parties and Order of Court. ARTICLE VII MISCELLANEOUS PROVISIONS 7,1 Advice of Counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE has employed and had the benefit of Edward L. Schorpp, Esquire, as her attorney. HUSBAND has been advised of his right to secure independent legal counsel in connection with this matter. Each party acknowledges that he or she has received or has been advised to receive independent legal advice 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 and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is 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. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of, and is familiar with and cognizant of, the wealth, real and/or personal property, estate and assets, earnings and income of the other as set forth in this Agreement, and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities, and any further enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. -7- 7,2 Counsel Fees. Each party agrees to be responsible for his or her own legal fees and expenses, and each party hereby agrees to waive any claim for alimony, alimony pendente lite, counsel fees, expenses or costs. In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement and legal proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys fees, incurred as a result of such proceedings. 7.3 Mutual Releases and Waivers. A. Except as provided for in this Agreement, HUSBAND and WIFE each forever release, remise, discharge and quitclaim the other and the estate of the other, for all time to come and for all purposes whatsoever, from any action of any nature whatsoever in law or in equity, and forever release, remise, discharge and quitclaim the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles, interests, or claims in or against the other, or in or to the real, personal and/or mixed property of the other (including income, appreciation, and gain from property hereafter accruing), and all rights, titles, interest and claims which he or she now has or ever may have in and/or to the other's estate, and each and every additional right, title, interest and claim he or she has or ever may have against the other, his or her heirs, executors, administrators, and assigns, excepting only the obligations, rights and claims imposed or inuring to the benefit of either of the parties by reason of the terms of this Agreement. Each of the parties hereto further covenants and agrees for himself and herself, and his or her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this Paragraph. B. It is further specifically understood and agreed by and between the parties hereto that WIFE and HUSBAND accept the provisions made and set forth in this Agreement -8- '. ' by HUSBAND for WIFE and/or WIFE for HUSBAND, in lieu of and in full settlement and satisfaction of any and all of WIFE'S rights against HUSBAND or HUSBAND'S rights against WIFE for any past, present and future claims on account of support and maintenance or any other right or interest arising out of the marriage, that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by WIFE against HUSBAND, and HUSBAND against WIFE, and are, inter alia, in full settlement and satisfaction and in lieu of HUSBAND'S and WIFE'S past, present and future claims against each other on account of maintenance and support, alimony, and also alimony pendente lite, counsel fees, costs and expenses and any other charge of any nature whatsoever arising out of their marital relationship and/or pertaining to any divorce proceedings which have been or may be instituted by WIFE in any Court in the Commonwealth of Pennsylvania or any other jurisdiction and/or any divorce proceeding which may have been or may be instituted by HUSBAND in the Court in the Commonwealth of Pennsylvania or any other jurisdiction or any other counsel fees, costs and expenses incurred or to be charged by any counselor arising in any manner whatsoever. C. WIFE and HUSBAND agree that neither party may apply to any Court for a modification of this Agreement, with respect to alimony, distribution of property, or otherwise, whether pursuant to the Divorce Code or any other present or future statute or authority. Except as provided in this Agreement, it shall be the sole responsibility of WIFE and HUSBAND to sustain themselves without seeking any support from the other party from the date of the execution of this Agreement. In the event that either of the parties shall nevertheless seek such a modification, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom including attorney's fees and costs. D. Release of Testamentarv Ril!:hts. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament, or otherwise, and each of them agrees that the estate of the other, -9- whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's Last Wills under the present or future laws of any jurisdiction whatsoever and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her Last Will and Testament; and each ofthe parties further covenants and agrees that he or she will permit any Will of the other to be probated and allow administration upon his or her personal, real or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had HUSBAND or WIFE died during the lifetime of the other; and that neither HUSBAND or WIFE will claim against or contest the Will and the estate of the other. Each of the parties hereby releases, relinquishes and waives any and all rights to act as executor or executrix or administrator or administratrix of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators, or assigns, for the purpose of enforcing any of the rights relinquished under this Paragraph. 7.4 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. HUSBAND and WIFE each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other inderrmified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by -10- . - ~ ' ~ the terms of this Agreement, and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 7.5 No Oral Modification. No waiver or modification of any of the terms of this Agreement 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. 7.6 Coooeration in Execution of Documents. HUSBAND and WIFE 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 implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 7.7 Pennsvlvania Law Shall Govern. This 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. 7.8 Bindine Effect. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 7.9 Entire Al!reement. 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. 7.10 SeverabiIitv. If any term, condition, clause, section, 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 full force, effect and operation. Likewise, the failure of any party to -11- ",.. " meet his or her obligation under anyone or more of the Articles and Sections herein shall in no way void or alter the remaining obligations of the parties. 7.11 Eauitable Distribution Under Divorce Code. It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by HUSBAND and WIFE, or either of them, during the marriage, as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 7.12 Disclosure. The parties warrant and represent that they have made a full disclosure of all assets prior to the execution of this Agreement. 7.13 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either HUSBAND or WIFE until it shall have been fully satisfied and performed. The consideration for this contract and Agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. 7.14 Affidavits of Consent. In connection with any divorce action instituted by either party, each agrees to execute and deliver all documents, including but not limited to Affidavits of Consent, as requested by counsel to permit the entry of a final decree in divorce. 7.15 Reconciliation. The parties shall only effect a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation which action, if not consummated by the -12- ., '~ , " . aforesaid agreement, shall not affect in any way the legal effect of this Agreement or cause any new marital rights or obligations to accrue. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: JfJ t1"';- ~. G..'17: J~ /~D ic Ie R. Clites, Wife d-.J?d2 Keith S. Clites, Husband -13- C) ,...' c:..~ ,~ ~:,' o -Tl -r r'~ -, Ci c-, 0) '.~ ! "- I ~ \, - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEITH S. CLITES, Plaintiff v. CIVIL ACTION - LAW NO. 2004-1057 NICOLE R. CLITES, Defendant IN DIVORCE AFFIDAVIT OF CONSENT STATE OF PENNSYLVANIA ) : SS. ) COUNTY OF CUMBERLAND 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 11,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ofa final Decree of Divorce after service of notice of intention to request entry of the Decree. 4. I have been advised ofthe availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. 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. /':7/'1.#/,1 I V Date:~ll.t ,2005 ~ ( _ Keith S. Clites to and subscribed before me this aaYOf~,2005. Notary Pu c F:\User .'older\Firm Docs\Gendocs2005\3] 73-laflcollsent.wpd '\';~~?r,),: S~':i:l Do!ly M. :-;';::'JS€:, Sm.l~h i:.:]idc!:?t::, -'-we- MyCOilF:1i-:::::i,i1"i ~'(~'e.~ _r",::; Memb;r~-p''J;~i:lZ;'li'i8f:,j:; ~'":~,~_: ;,~ l'~'" ,..., C_':l (~,' <:...."'1 I N :\~ (,.) s:- f'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA KEITH S. CLITES, Plaintiff v. CNIL ACTION - LAW NO. 2004-1057 NICOLE R. CLITES, Defendant IN DNORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330HC) OF THE DIVORCE CODE I. I consent to the 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 in 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 ofthe 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. 94904 relating to unsworn falsification to authorities. Date: 5/2&/ OS ~d/ Keith S. Clites - C) 1 ~-- r-",:! <:::".:1 e~::> c.n ,- c:~: :-;.:.... ! N c:? N C) -i-j -l ~:c l'T r-nC: '" (~-} :~) ~~i ~{~ F:\FiLES\DAT AFILEIGeneraJICurremIJ0909-1_praetram; Created: 6/19/03l1,30AM Revised: 6117/05330PM KEITH S. CLITES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-1057 CIVIL ACTION - LAW NICOLE R. CLITES, 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: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) ofthe Divorce Code. 2. Date and manner of service of the complaint: Via certified mail, restricted delivery, return receipt requested on March IS, 2004 . 3. Date of execution ofthe Plaintiffs affidavit of consent required by Section 3301 (c) of the Divorce Code; May 26,2005; by the Defendant: May 26,2005. 4. Related claims pending: All claims have been resolved by the Marital Settlement Agreement dated September 21, 2004. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, ifthe decree is to be entered under Section 3301(d)(1 )(i) ofthe Divorce Code: Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: June 2,2005. Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary: May 27, 2005. DEARDORFF WILLIAMS & OTTO By J e ifi L. Spears, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: June 17, 2005 p '" 0 '"" "'" "i1 <.h <.... ::rJ fii Hi;:: -om -.: _~J,? C)(~) "V ;,:,;;:1.:.1', ....:...,. :'df5 .- w ~~.5 {"n (.0 :g CO "< . . . . . . . . . . . . . . A Marital Settlement Agreement dated September 21, 2004, is hereby incorporat' . . . . . . . . . . . . . . . . . . . . . . . . . . ~~~+'~~~+'++'++~~+'~+'+~ .. . .. . + + + ;I; . .. 't; +' + "':+. +++ +++++++++++ . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF F'ENNA. KEITH S. CLITES No. 2004-1057 VERSUS NICOLE R. CLITES DECREE IN . . DIVORCE . . . Jvnc. 2..3. z..oo~ ~ IT IS ORDERED AN D . . . AND NOW, . . DECREED THAT KEITH S. CLITES , PLAINTIFF, . NICOLE R. CLITES , 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; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. . but not merged into this Decree. ,'" 1 --.. ~.-.......:.;,.,,~ By THE COURT: We- fd- - ---' - ;.., , .. \.,. /' ......... ..\." ~ " - .-r:!" ... -. -....... .",- ..' ~.. ." ,~..... , , , ATT - . ~ . . . ...v ..... ~... _.:,:- '" . .' "- . ./J.;..-.....-.~~. ." .. ;..">;, ..~. \,j." '....-....'-'-' - ooooooo~~~~~~0ooooooo PROTHONOTARY - . . :t=:T. + +,:+::t= '+':T.+ +" :T.++++ +++++:+:+ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. ~ fp ~ ~ '?'J!!"- ft' it? , "'~...,? ~ A'Hl -J"'? 5f7H- 7 ~~. - ''t. ~.: . .j "... ".".., . ' 4 .... .. ,,'. ~ II t~ --