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HomeMy WebLinkAbout08-70931 ANNE E. CLEMMONS IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. p g' - 70 q 3 RICHARD L. CLEMMONS, JR. CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE 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 judgement 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at: The Office of the Prothonotary, 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 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800)990-9108 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 ANNE E. CLEMMONS IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. RICHARD L. CLEMMONS, JR. CIVIL ACTION - LAW Defendant IN DIVORCE NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800)990-9108 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717)236-9428 • FAX(717)236-2817 ANNE E. CLEMMONS Plaintiff VS. RICHARD L. CLEMMONS, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. Oar-- 7693 C,,, -j 7-i u•- CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Anne E. Clemmons, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Complaint in Divorce and in support thereof avers as follows: 1. Plaintiff is Anne E. Clemmons, an adult individual who currently resides at 325 Glendale Street, Carlisle, Pennsylvania. 2. Defendant is Richard L. Clemmons, Jr., an adult individual who currently resides at 4614 Central Avenue N.E., Washington D.C. 20019-5233. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 14, 1996 in Camp Hill, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the United States Army or its allies. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the court require the parties to participate in counseling, being so MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 advised, Plaintiff waives that right. 9. Plaintiff requests the Court to enter a Decree of Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. WHEREFORE, Plaintiff, Anne Clemmons, respectfully requests this Honorable Court enter a Decree in Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. COUNTS COUNTI EQUITABLE DISTRIBUTION 10. Paragraphs one through nine of the Complaint are incorporated by reference as if fully set forth herein. 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under the Divorce Code. 12. Plaintiff requests that this Honorable Court equitably distribute all marital property pursuant to the Divorce Code. WHEREFORE, Plaintiff, Anne Clemmons, respectfully requests this Honorable Court equitably distribute all property, both real and personal, tangible and intangible, acquired by the parties during their marriage. COUNT II ALIMONY PENDENTE LITE SUPPORT COUNSEL FEES AND EXPENSES 13. Paragraphs one through twelve of the Complaint are incorporated by reference as if fully set forth herein. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 14. By reason of this action, Plaintiff will be put to considerable expense in the preparation of this case, in the employment of counsel, and the payment of costs. 15. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation, and unable to appropriately maintain herself during the pendency of this action. 16. Plaintiff s income is not sufficient to provide for her reasonable needs and pay her attorneys' fees and the costs of this litigation. 17. Defendant has adequate earnings to provide support and alimony pendente lite to the Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff, Anne Clemmons, respectfully requests this Honorable Court compel the Defendant to pay Plaintiff alimony pendente lite, support, counsel fees, costs and expenses of this action. COUNT III ALIMONY 18. Paragraphs one through seventeen of the Complaint are incorporated by reference as if fully set forth herein. 19. Plaintiff lacks sufficient property to provide for her reasonable needs. 20. Plaintiff is unable to sufficiently support herself through appropriate employment. 21. Defendant has sufficient income and assets to provide continuing support and to pay alimony to the Plaintiff. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 w WHEREFORE, Plaintiff, Anne Clemmons, respectfully requests this Honorable Court compel Defendant to pay alimony to Plaintiff. Respectfully submitted, r Laurie A. S Attorney I.D. 6132 V Meyers, Desfor, S ltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 + r VERIFICATION I, Anne Clemmons , verify that the statements made in this Complaint in Divorce are 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. Section 4904, relating to unsworn falsification to authorities. Dated: 12/3/08 ( X) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 -s C U? P N Z7 1 ` Y a g F 0 G r` rT i l J VJ Tye u/ ?1? ANNE E. CLEMMONS IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 76 9 c N; ?"t rr? RICHARD L. CLEMMONS, JR. CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Anne E. Clemmons_, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Complaint for Custody and in support thereof avers as follows: 1. The Plaintiff is Anne E. Clemmons, an adult individual residing at 325 Glendale Street, Carlisle, Pennsylvania. 2. The Defendant is Richard L. Clemmons, Jr., an adult individual residing at 4614 Central Avenue N.E., Washington D.C. 20019-5233. 3. Plaintiff seeks custody of the following children: Name Present Address Date of Birth Samuel Thomas Clemmons 325 Glendale Street 1/16/1998 Carlisle, PA Daniel Kato Clemmons 325 Glendale Street 1/5/2000 Carlisle, PA The children were not born out of wedlock. The children are presently in the custody of Anne Clemmons, who resides at 325 Glendale Street, Carlisle, PA. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 r During the past five years, the children have resided with the following persons and at the following addresses: (List All Persons) (List All Addresses Dates Plaintiff and Defendant 325 Glendale Street Until 8/24/2008 Carlisle, PA Plaintiff 325 Glendale Street 8/24/2008 to present Carlisle, PA The mother of the children is Anne Clemmons, currently residing at 325 Glendale Street, Carlisle, PA. She is married. The father of the children is Richard Clemmons, Jr., currently residing at 4614 Central Avenue N.E., Washington D.C. 20019-5233. He is married. 4. The relationship of Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: Name Relationship Samuel Clemmons Son Daniel Clemmons Son 5. The relationship of Defendant to the children is that of Father. The Defendant currently resides with the following persons: Name Relationship Unknown 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff has been the children's primary caregiver since their birth. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff, Anne Clemmons, requests the court to grant primary physical custody of the children to her, with rights of partial physical custody in Defendant. Respectfully submitted, MEYERS, DESFOR, SALTZGIVER & BOYLE B _ Y Laurie A. S Attorney for PlaW Attorney ID No. 61 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 I 7 VERIFICATION I, Anne Clemmons , verify that the statements made in this Complaint for Custody are true and correct to the bes of my knowledge, information and belief. I understand that fal statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 12/3/08 m (g ) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 ell c C A ?e r r-- nt w f".Z _) r7 i r AFFIDAVIT OF SERVICE Docket No: 08-7093 Civil Action - Law Cumberland County Court ANNE E. CLEMMONS VS. RICHARD L. CLEMMONS JR. I, Matthew E. Hunt of Matthew E. Hunt Private Investigations, 2281 Forest Hills Drive, Harrisburg, Dauphin County, PA 17112-1035, being duly sworn according to law, do depose and state that I personally hand delivered a true and correct Complaint in Divorce; Complaint for Custody dated December 3rd, 2008, issued by Cumberland County Prothonotary, at the request of Laurie Saltzgiver, Esquire, on Richard L. CLEMMONS JR., 325 Glendale Drive, Carlisle, Pa. by hand-delivering said subpoena to Richard L. CLEMMONS JR. at his residence at 8:50 AM on Sunday, December 7th, 2008, for his further attention and prompt action in reference to the above captioned case. ??1 Server: Matthew E. Hunt Private Investigator 2281 Forest Hills Drive Harrisburg, Pa. 17112 t... w Z)r ANNE E. CLEMMONS Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA-' crlTh N do C2) vs. : NO. 08-7093 RICHARD L. CLEMMONS, JR: : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT ..c C0 A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 3, 2008. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 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: 7/°2-// Anne E. Clemmons, Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 ANNE E. CLEMMONS : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 08-7093 RICHARD L. CLEMMONS, JR. : CIVIL ACTION - LAW Defendant : IN DIVORCE 0 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE Y 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 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 7/ 2,"' 1 C&gni E. Clemmons, Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 ANNE E. CLEMMONS : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.08-7093 RICHARD L. CLEMMONS, JR. : CIVIL ACTION - LAW Defencirnt : IN DIVORCE z,-1 r— I .w ria az cry AFFIDAVIT OF CONSENT. -< i -T, -0 c cEA A Complaint in Divorce under Section 3301(c).of the Divorce Code was-filec ortr) • December 3, 2008. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 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: cV% -/ / L/ Richard L. Clemmons, Jr., MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 ANNE E. CLEMMONS : IN THE COURT. OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 08-7093 RICHARD L. CLEMMONS, JR. : CIVIL ACTION - LAW Defendant : IN DIVORCE iD Cr ]• m W : ITt WAIVER OF NOTICE OF INTENTION TO REQUEST F ENTRY OF A DIVORCE DECREE UNDER is:5 43301(C) OF THE DIVORCE CODE < r.w 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 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. Date937%(4-/ Richard L. Clemmons, Jr., Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1082 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 _tioe--2093 FILEO-OFFICE OF THE PROTHONOTARY ?ORAL 30 PM 1:55 CUMBERLAND COUNTY PENNISIARKENI SETTLEMENT AGREEMENT THIS AGREEMENT made this I -t-day of — , 2014 by and between Anne E. Clemmons (hereinafter referred to as "Wife") of Carlisle, Cumberland County, Pennsylvania and Richard L. Clemmons, Jr. (hereinafter referred to as "Husband") of Woodbridge, VA. WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 14, 1996 in Cumberland County, Pennsylvania; and WHEREAS, two children have been conceived of this marriage; namely, Samuel Clemmons, born on January 16, 1998 and Daniel Clemmons born on January 5, 2000; and WHEREAS, diverse differences and difficulties have arisen between the parties respecting their interests, rights and title in and to certain property, real and/or personal, owned by or in possession of the said parties to either of them; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations and to amicably adjust, compromise and forever settle all property rights and all rights in, to or against each other's property or estate of any kind or nature whatsoever, including property heretofore or subsequently acquired by either party and to settle all disputes existing between them, including any and all claims for Wife's and/or Husband's rights to equitable distribution, maintenance and/or support, alimony, alimony pendente lite, counsel fees and costs; and WHEREAS, the parties acknowledge and agree that in entering into this Agreement, including foregoing waivers, they are each relying on truth and completeness in all material respects as to all information provided by the other party hereto regarding the assets of such person. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements hereinafter contained, each of the parties hereto intending to be legally bound hereby promises, covenants and agrees as follows: DIVORCE: The parties agree that their marriage is irretrievably broken and that they mutually consent to a divorce and agree and have executed all necessary Affidavits of Consent and Waivers of Notice forms required by the court for the entry of a mutual consent divorce. The parties agree to file said Affidavits and Waivers with the Court and file the appropriate documents to request a Decree in Divorce from the bonds of matrimony under Section 3301'(c) of the Divorce Code. •2. FULL FORCE AND EFFECT: This Agreement shall continue in full force and effect until such time of final Decree in Divorce is entered. 3. AGREEMENT TO CONTINUE IN EVENT OF DIVORCE: In the event that the marriage of the parties hereto is terminated by divorce, this Agreement shall nevertheless remain in full force and effect, and shall survive such decree and shall not in any way be affected thereby, except as provided for herein. 4. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 5. WIFE'S DEBTS: Wife represents and warrants to Husband that since the date the divorce was filed, to wit, December 3, 2008, she has not and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 6. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the divorce was filed, to wit, December 3, 2008, he has not and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 7. DISCOVERY/FINANCIAL DISCLOSURE: The parties agree and acknowledge that they have each had the opportunity to conduct discovery and investigation of the assets of both parties. Wife acknowledges that she has had the opportunity to conduct discovery of Husband's assets. Husband acknowledges that he had the opportunity to conduct discovery of Wife's assets. The parties agree and acknowledge that they have made full and fair disclosure of all of their assets and income to the other party. The parties acknowledge that they have both been given the opportunity to conduct investigation into all assets and income, whether separate or marital, prior to entry into this agreement. Both Husband and Wife acknowledge they have had full and fair disclosure of all assets prior to execution of this agreement. Furtheimore, the parties acknowledge that they have both had full disclosure as to both parties' income and financial condition. MUTUAL RELEASES: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except any or all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Pennsylvania Divorce Code and all subsequent amendments, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The fact that a party brings an action to enforce the property agreement as incorporated in the divorce decree, under the Pennsylvania Divorce Code and all subsequent amendments, does not give either party the right to raise other claims under the Divorce Code, specifically waived and released by this paragraph and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. 9. RELEASE OF TESTAMENTARY CLAIMS: 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 agree that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would 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. 10. AGREEMENT BINDING ON HEIRS: The parties acknowledge that except as provided for in this Agreement, each of the parties shall have the right to dispose of their respective property by Last Will and Testament, and that each party waives the right to take under the Will of the other. This Agreement shall be binding on the respective heirs, executors, administrators and assigns of the parties thereto. 11. ENTIRE AGREEMENT: This Agreement represents the entire agreement between the parties. There are no representations, promises, agreements, conditions, or warranties between the parties other than those set forth herein. 12. LEGAL ADVICE/VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and has had the benefit of counsel of Laurie A. Saltzgiver, Esquire, as her attorney. Husband has not retained an attorney to represent him in this action, however, Husband has been aware at all times during this action, of his right to seek legal advice and legal counsel. Wife acknowledges that she has received independent legal advice from counsel and she fully understands the facts and has been fully informed of her legal rights and obligations. Husband acknowledges his right to seek independent legal advice from counsel and to have legal counsel review the within agreement. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice or with knowledge of the right to seek 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. Also, Wife acknowledges that she has been fully advised by her attorney of the current Pennsylvania Divorce Law and Husband is aware of his right to consult with an attorney and with this knowledge each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives their respective right to have the Court make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs and expenses. 13. DIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph. 14. EQUITABLE DISTRIBUTION: a. Checking/Savings Accounts: Wife shall keep as her sole and exclusive possession any and all checking and savings accounts in her name alone. Husband waives any and all right or claim to said checking and savings accounts. Husband shall keep as his sole and exclusive possession any and all checking and savings accounts in his name alone. Wife waives any and all right or claim to said checking and savings accounts. b. Pension Plans/IRAS/401(k)'s/Retirement Vehicles: Wife shall keep as her sole and exclusive possession any and all pension plans, IRAs, 401(k)s, or retirement vehicles in her name alone. Husband waives any and all right or claim to said pension plans, IRAs, 401(k)s, or retirement vehicles. Husband shall keep as his sole and exclusive possession any and all pension plans, IRAs, 401(k)s, or retirement vehicles in his name alone. Wife waives any and all right or claim to said pens on plans, IRAs, 401(k)s, or retirement vehicles. c. Automobiles: Wife shall keep any and all automobiles in her name and in her possession as her sole and exclusive possession, free and clear of any claim or demand by Husband. The parties agree that Wife shall retain the joint 2001 Saturn automobile. Husband will execute the title and all necessary paperwork to transfer the automobile into Wife's name alone. Husband shall keep any and all automobiles in his name and in his possession as his sole and exclusive possession, free and clear of any claim or demand by Wife. The parties agree to execute any and all documentation necessary to give effect to the above paragraphs. d. Debts, School Loans, Credit Card Debts: Wife shall be responsible for any and all debts, school loans, and/or credit card debts in her name alone. Wife shall indemnify and save harmless Husband from any and all claim or demand made against him for said debts, school loans, and/or credit card debts. Husband shall be responsible for any and all debts, school loans, and/or credit card debts in his name alone. Husband shall indemnify and save harmless Wife from any and all claim or demand made against her for said debts, school loans, and/or credit card debts. e. Life Insurance: The parties agree that Wife shall be the owner of the Thrivent Life Insurance policy on which Husband is the named insured. Wife shall be responsible to pay all premiums on said policy. Husband will execute any and all documents necessary to give effect to the above paragraph. The parties agree Wife shall also be the owner of the Thrivent Life Insurance policy on which Wife is the named insured. Wife shall be responsible to pay all premiums on said policy. Husband will execute any and all documents necessary to give effect to the above paragraph. 15. CHILDREN'S ACCOUNTS: The parties acknowledge that there are currently custodial college savings accounts for each of the boys at PNC Bank. These custodial accounts carry Husband's name as custodian. The parties agree that these accounts shall continue to be held with Husband as custodian and that the accounts shall be used for the children's secondary and college educations. These funds shall be used for tuition, room and board. Husband agrees to provide Wife with documentation of these accounts and the withdrawals from the accounts for the children's education, upon Wife's request. 16. CUSTODY: The parties agree that they shall share legal custody of their two minor children. Wife shall have primary physical custody of the children. Husband shall have rights of partial physical custody of the children, as the parties may agree. The parties agree to work together and be flexible regarding the custody schedule and all issues involving the children. 17. WAIVER OF RIGHT TO ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, COUNSEL FEES, COSTS AND EXPENSES: The parties hereby acknowledge that they each waive their right to request alimony, alimony pendente lite, spousal support, counsel fees, costs and expenses from the other unless otherwise provided for in this Agreement. 18. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 19. ADDITIONAL INSTRUMENTS: a. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. b. This Agreement shall be incorporated into a Divorce Decree But not merged therein. 20. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 22. 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 full force, effect, and operation. 23. EXECUTION DATE: The execution date shall be defined as the date both parties have signed this Agreement. In the event that the parties do not sign this Agreement at the same time, the execution date shall be the date the last party has signed. 24. APPLICABLE LAW: This Agreement shall be construed pursuant to the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above -written. tY? Anne Clemmons chard Clemmons, Jr. ANNE E. CLEMMONS Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLGAI NO. 08-7093 rn m rn- rrt r- W pG o, G .m c)d -0 c -1 L\ s RICHARD L. CLEMMONS, JR. : 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: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Personally served on the Defendant on December 7, 2008. 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the plaintiff July 22, 2014 ; by the defendant July 17, 2014 . 4. Related claims pending: No other claims are pending. 5. (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: July 25, 2014. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: July 25, 2014. Laurie • . Sa tzgi ,'squire Attorney for Plain iff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 (; : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ANNE E. CLEMMONS • V. : • RICHARD L. CLEMMONS, JR. : NO. 08-7093 DIVORCE DECREE AND NOW, au ' cj6 /I/ , it is ordered and decreed that ANNE E. CLEMMONS , plaintiff, and RICHARD L. CLEMMONS, JR. , 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 July 17, 2014 is hereby incorporated, but not merged herein. By the Court, _ _ _ _ _ Attest: J. • l 'r,� P othonotary pfrA W 499p 03.):1:311-e U hdoJ-03?}oN Jane��l�� e °f, P-91!" hdo0 t