Loading...
HomeMy WebLinkAbout08-6137PTILESTfients\ 12842 Clever\ 12842. Ldivcom Created: 9/20/04 0:06PM Revised: 10/13/08 9:28AM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARY E. CLEVER, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- &13'2 6;0-d CIVIL ACTION - LAW ERNEST S. CLEVER, 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 of the marriage, you may request marriage counseling. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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 CLAIM 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r • MARY E. CLEVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08- G 13 7 a ?- CIVIL ACTION - LAW ERNEST S. CLEVER, : Defendant IN DIVORCE DIVORCE COMPLAINT UNDER SECTION 3301(0) OF THE DIVORCE CODE 1. Plaintiff is Mary E. Clever, who currently resides at 31 Cambridge Court, Carlisle, PA 17013. 2. Defendant is Ernest S. Clever, who currently resides at 355 Graham Street, Carlisle, PA 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 30, 1970, in Huntingdon, PA. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a Decree dissolving the marriage between Plaintiff and Defendant. MARTSON LAW OFFICES By '-A 0- 1N k-V el ---z Thomas J. iams, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: October 13, 2008 . wk VERIFICATION The foregoing Divorce Complaint is based upon information 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 document and to the extent that the document is based upon information which I have given to my counsel, it is true 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. W /cq cxa C9 N C3 I' PIL. ES&Chenu 1'S4' Clear 1'542. Laos Created: 1) 20 tbl 0.00"1 Retied. 111_108 2 .33Pb1 Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I. D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARY E. CLEVER, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ERNEST S. CLEVER, Defendant NO. 08-6137 CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, Ernest S. Clever, Defendant, hereby accepted service of a true and correct copy of the Complaint under Section 3301 (c) of the Divorce Code on the date written below. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Ernest . Clever, Defen ant C) r-.4 C7 Q RECEIVED OCT 2 T ARrSON Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARY E. CLEVER, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ERNEST S. CLEVER, Defendant NO. 08-6137 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on October 14, 2008 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. § 4904 relating to unsworn falsification to authorities. Y' - - I Date: , 2 V-j?f Mary. Clever, aintiff t L ? Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARY E. CLEVER, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6137 CIVIL ACTION - LAW IN DIVORCE ERNEST S. CLEVER, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301 (d) OF THE DIVORCE CODE 1. 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 4M!;LCIever, aintiff OA G4 FARLESThents\12842 Clever\12842.1\12842. Laomon Revised: 1/27/09 8:46ANf Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARY E. CLEVER, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ERNEST S. CLEVER, Defendant NO. 08-6137 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on October 14, 2008. 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. § 4904 relating to unsworn falsification to authorities. Date: 46; ?& 2 Ernest S. Clever, Defendant .` -rt '??? ? r ? ` ?., <. f'"" ?= ? s 47 -? "Yi .?_ WA "?7" ^^^"'??? Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARY E. CLEVER, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6137 CIVIL ACTION - LAW ERNEST S. CLEVER, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) OF THE DIVORCE CODE 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: /;, Ernest S. Clever, Defendant it ?;l rn w w F:\F1LESUieets\12842 Ckva\12842.1\12842.1.msa Revised: 1/16/09 2:16PM Thomas J. Williams, Esquire I.D. No. 17512 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARY E. CLEVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08- 6137 CIVIL ACTION - LAW ERNEST S. CLEVER, Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT This Agreement, made this,,V--/"day of , 2009, by and between ERNEST S. CLEVER, of 355 Graham Street, arlisle, Pe lvania, (hereinafter referred to as "Husband") and MARY E. CLEVER, of 31 Cambridge Court, Carlisle, Pennsylvania (hereinafter referred to as "Wife") WHEREAS, the parties hereto are Husband and Wife, having been married on May 30,1970, in Huntingdon, Pennsylvania, and are the parents of Elizabeth Clever Fisher, an emancipated adult; and WHEREAS, difficulties have arisen between the parties as a result of which they now desire to live separate and apart and by this Agreement, to settle all financial and property rights between them; and WHEREAS, this Agreement is being made in contemplation of a divorce action being filed concurrently with the execution hereof; and WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain independent legal advice of counsel of their selection, and that before signing this Agreement, each has either been fully advised by counsel of their rights and obligations under the law and this Agreement, or else have waived their right to legal advice. Each party hereby confirms that he or she has read carefully and fully understands the terms, conditions and provisions of this Agreement and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the Agreement freely and voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement they have been fully advised by their respective counsel of their rights and obligations, have read carefully and understand the terms of this Agreement, and have freely consented to this Agreement, believing it to be fair, just and equitable; and WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all property which would be considered "marital property" under the Pennsylvania Divorce Reform Act, whether titled or owned separately or jointly as well as the value and extent of nonmarital property held or expected to be held by each other. NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows: 1. SEPARATION: Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with any person for associating with the other. 2. RELEASE: Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted or suffered to be done by said other party prior to and including the date hereof, further, the parties 2 acknowledge that all rights under the Pennsylvania Divorce Code that are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any causes of action in absolute divorce which either party may have against the other. 3. DIVORCE: The parties hereby acknowledge that Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania on October 14, 2008, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The terms of this Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to the parties, and the court shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions hereof. 4. 2008 INCOME TAX RETURNS: The parties shall file Federal Income Tax Return(s) for 2008 in away that minimizes the total tax liability of both parties. In that regard, Husband shall prepare returns as if the parties' filing status was "married-filing separate," and also "married" so that the respective tax liabilites may be compared. The tax liability, as well as any resulting refund based on over-withholding, shall then be divided pro rata between the parties in accordance with their respective tax liabilities. In the event there is a refund, the refund check shall be divided pro rata. In the event there is tax due, the parties shall each be responsible for their pro rata share of the payment due with the tax return. 5. PERSONAL PROPERTY: The parties have heretofore divided all personal property, both tangible and intangible, that would be subject to equitable division under the Pennsylvania Divorce Code. Upon the execution 3 of this Agreement, title to all such property shall be vested in the person currently having possession of same. 6. REAL PROPERTY: The parties hold joint title to a parcel, improved with a home (marital residence), with the address of 355 Graham Street, Carlisle, Pennsylvania 17013, which is currently in the exclusive possession of Husband. Upon the execution of this Agreement, Wife will prepare and deliver to Husband a Deed transferring her right, title and interest to the marital residence to Husband. Husband shall accept and record such Deed so that he will have sole title to same. Debts which constitute liens on the marital residence shall be the sole responsibility of Husband, who shall indemnify, defend and hold Wife harmless from any claim with respect to such debts. 7. DEBTS: A. FUTURE DEBT: Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase or purchases which either of them may hereafter make and shall not hereafter create any engagements, debts or obligations in the name of or against each other. Except as specifically provided herein, each agrees to hold the other free and harmless from any and all debts and other obligations which he or she may have incurred since the date of the separation and agrees to indemnify and defend the other party from any claim regarding same. B. SECURED DEBT: As previously mentioned, the marital residence is encumbered by a mortgage and home equity loan. Husband will make all required payments when due, and indemnify, defend and hold Wife harmless from any claim with respect thereto. C. UNSECURED DEBT: Other than the secured debts referred to above, the parties have no joint debt. D. INDIVIDUAL DEBT: Each party shall be responsible for any debt incurred by him or herself and shall indemnify defend and hold the other party harmless against any claim with respect thereto. 4 8. WIFE'S MAIDEN NAME: Immediately upon the divorce becoming final, Wife shall retake her maiden name and cease using the surname "Clever." 9. RETIREMENT: Husband has a retirement account at Orrstown Bank with an approximate current value of $26,000.00. Wife has a retirement account at Mutual of America with an approximate current value of $145,000.00. Immediately upon the execution of this Agreement, Wife will prepare and file with the Court a Qualified Domestic Relations Order (QDRO) transferring $15,000.00 from Wife's account to Husband's account. 10. EXECUTION OF DOCUMENTS: The parties agree to execute all documents that are reasonably necessary to effectuate the purpose of this Agreement. In the event that either party shall refuse or fail to execute and/or acknowledge any such document, then the other party shall have, and is hereby granted, the right and power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact for the other party to so execute and acknowledge such documents. 11. BREACH: In the event of litigation arising out of this Agreement, the prevailing party shall be entitled to be reimbursed for the reasonable costs of such litigation, including attorney's fees. In the event neither party is completely successful in the prosecution or defense of such litigation, the Court shall apportion and award the costs in such manner as the Court deems just and fair under all the circumstances. 12. MEDICAL INSURANCE: After the date of divorce, each party shall be responsible for their own medical insurance and expenses. 5 13. CONTRACT INTERPRETATION: For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. 14. 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 is or has been acquired by him or her after the date of separation, 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. 15. ADDRESS AND TELEPHONE NUMBER OF PARTIES: As long as any obligations remain to be performed pursuant to the provisions of this Agreement, each party shall have the affirmative obligation to keep the other informed of his or her residence address and telephone number, and shall promptly notify the other in writing of any change of address by giving the new residence address and telephone number. 16. MISCELLANEOUS: A. This Agreement constitutes the entire agreement between the parties, being the final and complete settlement of all matters between them and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein. B. This Agreement may not be amended, modified, altered or revoked except in writing executed by both the parties hereto. C. This Agreement may not be assigned by either party without the prior written consent of the other party. 6 D. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes, and all of which together shall constitute one and the same instrument. E. This Agreement shall be binding upon the parties hereto, their heirs, executors, administrators and assigns. F. This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania in effect as of the execution date of this Agreement. G. Jurisdiction over the parties with regard to any matter covered by this Agreement shall be in Cumberland County, Pennsylvania. Any reference herein to a court shall be deemed a reference to the Court of Common Pleas of Cumberland County, Pennsylvania. H. The failure to strictly enforce any part of this Agreement shall not be deemed a waiver thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part of this Agreement. 1. All payments or communications pertaining to matters provided for in this Agreement may be made or given if delivered or mailed to a party, at such address as either party shall designate to the other in writing from time to time, or, if no such designation is made, then to the address as set forth above. J. Titles are for convenience and ease of reference only and are not to be considered part of the Agreement for purposes of interpretation. K. The term of this Agreement shall continue indefinitely from the effective date hereof and shall, to the extent possible, survive any future reconciliation of the parties unless they specifically provide otherwise in writing. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written, intending to be legally bound hereby. WITNESS`: V Ernest S. Clever, Husban Mary E. 09,6'r, Wife 7 COMMONWEALTH OF PENNSYLVANIA ) :SS COUNTY OF / ) On this, the ??~ `day of ?* ?? - 2009, before me, the undersigned officer, personally appeared Ernest S. Clever, known to me (or satisfactorily 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. y C° ??? (SEAL) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Victoria L. Otto, Notary Public Carlisle Borough, Cumberland County COMMONWEALTH OF PENNSYLVANIA ) M commission ex ires December 20, 2010 / :SS COUNTY OF On this, the Z2' day of , 2009, before me, the undersigned officer, personally appeared Mary E. Clever, kn to me r satisfactorily 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 WHEREOF, I hereunto y hand and official seal. ?t ccw (SEAL) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Victoria L. Otto, Notary Public Carlisle Borough, Cumberland County M commission expires December 20, 2010 8 5 .37 F.FILES `Clients`.12842 Clever, 12842.1\12842.I.pre Revised: 24,09 3:31 PM. Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARY E. CLEVER, Plaintiff V. ERNEST S. CLEVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6137 CIVIL ACTION - LAW 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) of the Divorce Code. 2. Date and manner of service of the complaint: Via Acceptance of service on October 23, 2008, as filed. 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; January 28, 2009; by the Defendant; January 28, 2009. 4. Related claims pending: All claims have been resolved by a Marital Settlement Agreement dated January 22, 2009. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 3, 2009. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 3, 2009. Date: February 4 , 2009 MARTSON LAW OFFICES By 1Af^•*• I UA ^As.-? Thomas J. V lliams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff C) o o C ° -n t a. -n - 4 ?3? CrIk rn a. 4 VII I' Thomas J. Williams, Esquire I.D. No. 17512 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARY E. CLEVER, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ERNEST S. CLEVER, Defendant NO. 08- 6137 CIVIL ACTION - LAW : IN DIVORCE STIPULATION Pursuant to the Marital Settlement Agreement signed by the parties dated January aa, , 2009, Mary E. Clever and Ernest S. Clever and their counsel hereby agree and stipulate that the Court may sign the attached Qualified Domestic Relations Order for the purpose of effectuating a transfer of $15,000.00 from the Simplified Employee Pension Plan of Mary E. Clever held by Mutual of America to the John W. Gleim, Jr., Inc., 401 K Profit Sharing Plan of Ernest S. Clever held by Orrstown Bank, located at 77 East King Street, Shippensburg, Pennsylvania 17257. 1'-.e?g2o Date 211. 109 Date /- ? --2 --d :- Date Mary E. ever, Plaintiff Thomas J. Wi iams, Esquire Attorney for Plaintiff Mary E. Clever Ernest S. Clever, Defendant, Pro Se : IN THE COURT OF COMMON PLEAS OF MARY E. CLEVER : CUMBERLAND COUNTY, PENNSYLVANIA V. : ERNEST S. CLEVER NO. 08-6137 DIVORCE DECREE W. 3AND NOW, 0106 ! , it is ordered and decreed that MARY E. CLEVER , plaintiff, and ERNEST S. CLEVER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Marital Settlement Agreement dated January 22, 2009, is incorporated but but not merged into this Decree. Attest: J. A' .6 „rf- Prothonotary O"w t v . F:\FILESVCIieots\12842 C1ever\12842.1\12842.I.QDR0.wpd Revised 1/16109 2:16PM Thomas J. Williams, Esquire I.D. No. 17512 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARY E. CLEVER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ERNEST S. CLEVER, Defendant NO. 08- 6137 CIVIL ACTION - LAW : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, upon consideration of the Stipulation executed by the parties and their counsel, it is hereby ORDERED ADJUDGED AND DECREED as follows: 1. Plaintiff Mary E. Clever is an adult individual residing at 31 Cambridge Court, Carlisle, Pennsylvania 17013. 2. Defendant Ernest S. Clever is an adult individual residing at 355 Graham Street, Carlisle, Pennsylvania 17013. 3. Plaintiff MaryE. Clever is employed by the Carlisle Health and Wellness Foundation and she is a participant in a retirement plan held by Mutual of America and administered by the Carlisle Area Health and Wellness Foundation. 4. Defendant Ernest S. Clever is employed by John W. Gleim, Jr., Inc., and he is a participant in a retirement plan held by Orrstown Bank and administered by John W. Gleim, Jr. 5. The parties acknowledge that pursuant to Paragraph 8 of the Marital Settlement Agreement, which was signed by the parties dated JanuaryZL, 2009, an amount of $15,000.00 shall be transferred from the Simplified Employee Pension Plan of Mary E. Clever held by Mutual of America to the John W. Gleim, Jr., Inc., 401K Profit Sharing Plan of Ernest S. Clever held by Orrstown Bank, located at 77 East King Street, Shippensburg, Pennsylvania 17257. r 6. The parties shall execute all documents that are reasonably necessary to effectuate the purpose of this Qualified Domestic Relations Order. 7. The Court shall retain jurisdiction over the above-referenced matter to enter such further Orders as may be necessary to effectuate the purpose of this Qualified Domestic Relations Order. Executed this 104* of Y , 2009. J. cc: Thomas J. Williams, Esquire Mr. Ernest S. Clever C'" FAFILES\ClicnU\12842 Ckva112842.1\12842.1.QDR0.wpd P ry ZS :1 old I 1 G3J 69OZ r, ?k Thomas J. Williams, Esquire I.D. No. 17512 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARY E. CLEVER, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ERNEST S. CLEVER, Defendant NO. 08- 6137 CIVIL ACTION - LAW : IN DIVORCE STIPULATION Pursuant to the Marital Settlement Agreement signed by the parties dated January a ?z , 2004, Mary E. Clever and Ernest S. Clever and their counsel hereby agree and stipulate that the Court may sign the attached Qualified Domestic Relations Order for the purpose of effectuating a transfer of $15,000.00 from the Simplified Employee Pension Plan of Mary E. Clever held by Mutual of America to the John W. Gleim, Jr., Inc., 401 K Profit Sharing Plan of Ernest S. Clever held by Orrstown Bank, located at 77 East King Street, Shippensburg, Pennsylvania 17257. Date zI 't 10 9 Date /-?2.2 -d? Date Mary E. ever, Plaintiff ,- t-w wow 1A- C- ---,?. Thomas J. Williams, Esquire Attorney for Plaintiff Mary E. Clever Ernest S. Clever, Defendant, Pro Se F:\FILFS\CGrnt3\12842 Clover 12842,1M842.notice Created: 9/20104 0:06PM Revised: 2/19109 8:41AM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARY E. CLEVER, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ERNEST S. CLEVER, Defendant NO. 08-6137 CIVIL ACTION - LAW : IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter having been granted a Final Decree in Divorce from the bonds of matrimony on the February 10, 2009, hereby elects to retak0 and hereafter use her previous name of Mary Elizabeth McManus and gives this written notice avowing her intention in accordance with the provisions of the Act of December 16,1982, P.L. 1300, No. 295, Section 2, 54 Pa. C.S.A. Section 704. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On tha041'-dav of. name is(subscribed to the witb the purpose therein contained. ( gna Lir - married name) Mary E. Clever G (Signatur - to be i6iown as) Mary Elizabeth McManus :SS. 2009, before a Notary Public, personally aPPe led ? 2*2% aknown to me to be the person wh se acknowledged that she executed the foregoing or IN WITNESS WHEREOF, I have hereunto set y hand and N 'al Seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL /L a Victoria L. Otto, Notary Public Notary Public Carlisle Borough, Cumberland County My commission expires December 20, 201 0 ? d (C>, V W cam. V N -.Y r7i co .r- -V Mt Co 77: -Tj L. J q"S 1