Loading...
HomeMy WebLinkAbout08-7330Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-6808 (facsimile) Counsel for Plaintiff RICHARD P. CLUGH, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. flR- 7331) Civil Term STEPHANIE J. CLUGH, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE TO DEFEND 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 with twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may also be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 Court Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 Paul J. Esposito, Esquire LD.,#25454 G0L1IBERCr KAT211dAN, 1s.C: 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161: (717) 234-6808 (facsimile) Counsel for Plaintiff RICHARD P. CLUGH, JR'.,.. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Civil Term STEPHANIE J. CLUGH, Defendant CIVIL ACTION -- LAW IN DIVORCE WAIVER OF COUNSELING RICHARD P. CLUGH, JR., being duly sworn according to law, deposes and says: l . I have been advised of the availability of marriage counseling and understand that 1-may. request that the Court require my spouse and I to participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 1. 8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: RICHARD P. CLUGH, Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff RICHARD P. CLUGH, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Civil Term STEPHANIE J. CLUGH, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE Plaintiff, RICHARD P. CLUGH, JR., is an adult individual, who currently resides at 510 Shippensburg Road, Cumberland County, Pennsylvania 17241. 2. Defendant, STEPHANIE J. CLUGH, is an adult individual, who currently resides at 4111 Farmside Drive, Perry Hall, Maryland 21236. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on September 9, 2003, in Newville, Cumberland County, Pennsylvania. Neither Plaintiff nor Defendant is in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions of divorce or annulment filed by either of the parties hereto. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff has 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. COUNTI 9. The averments of paragraphs 1 through 8 herein are hereby incorporated by reference thereto. 10. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff prays Your Honorable Court to: a) Enter a Decree in Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant; and b) Order such other relief as the Court deems just and reasonable. GOL ERG KATZMAN P.C. ' o, Esquire Paul J. prl?425454 Attorn y I. 320 Market Street Date: _ ? at)a? P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Attorney for Plaintiff 2 VERIFICATION I verify that the statements contained in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: /10 CHARD P. CLUGH, . ` ap 00 - r 00 LA 00 V ?,) _a t RICHARD P. CLUGH, JR., Plaintiff V. STEPHANIE J. CLUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 7330 Civil Action : IN DIVORCE ORDER OF COURT AND NOW, this day of , 2009, upon consideration of the attached petition for Alimony Pendente Lite, and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before ,the day of , 2009, at o'clock m. for a Conference, after which the hearing officer may recommend that an order for Alimony Pendente Lite be ordered. You are further ordered to bring to the conference: 1. A true copy of your most recent Federal Income Tax return, including W-2's as filed. 2. Your pay stufs for the preceding six (6) months. 3. The Income and Expense Statement attached to this order, completed as required by Rule 1910.11(c) 4. Verification of child care expenses. 5. Proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference, or bring the required documents, the court may issue a warrant for your arrest. FOR THE COURT, By Conference Officer 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 Bedford St. Carlisle, Pa. 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accomodations available to disabled individuals having business before the court, please contact our office. 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. 4 ?b RICHARD P. CLUGH, JR., Plaintiff V. STEPHANIE J. CLUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - 7330 Civil Action IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE 1. Petitioner, Stephanie J. Clugh, is a competent adult individual, who resides at 4111 Farmside Drive, Nottingham, Maryland, 21236. 2. Petitioner's date of birth is January 2, 1951 and her social security number has been provided to Domestic Relations in a separate document. 3. Respondent, Richard P. Clugh, is a competent adult individual, whose address is 510 Shippensburg, Newville, Pa. 17241. 4. Respondent's date of birth is October 10, 1954 and his social security number has been provided to Domestic Relations in a separate document. 5. A petition for additional claims which Equitable Distribution, Alimony, and Alimony Pendente Lite, Fees`and Costs was filed under the above-captioned docket number contemporaneously with this petition. WHEREFORE, Petition requests that the Court Order alimony pendente lite. Respectfully submi Date: I 5_ 9 J uire No. 79465 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER STEPHANIE J. CLUGH ? :? t?"' -- ?.:s ? z. ? ? ?? i?. : ? J, .3 ?A ?. ?. ? "1, rG ? ) 1 / 1 "'i '°? "'? , IL RICHARD P. CLUGH, JR., Plaintiff V. STEPHANIE J. CLUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - 7330 Civil Action : IN DIVORCE NOTICE TO PLEAD To: Richard P. Clugh, Plaintiff c/o Paul Esposito, Esquire GOLDBERG KATZMAN, P.C. 320 Market St. P.O. Box 1268 Harrisburg, Pa. 17108-1268 You are hereby notified to file a written response to the enclosed Defendant's Petition for Economic Relief within Twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, )/7AA/V% Date: ?g e Adams; Esquire No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT . • RICHARD P. CLUGH, JR., Plaintiff V. STEPHANIE J. CLUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 7330 Civil Action IN DIVORCE DEFENDANT'S PETITION FOR ADDITIONAL CLAIMS AND NOW COMES, Petitioner/Defendant, Stephanie J. Clugh, by and through her Attorney, Jane Adams, Esquire, and respectfully represents the following: COUNT I - EQUITABLE DISTRIBUTION OF PROPERTY 1. Plaintiff/Respondent is Richard P. Clugh, Jr., (hereinafter referred to as "Husband") who currently resides at 510 N. Shippensburg Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant/Petitioner is Stephanie J. Clugh, (hereinafter referred to as "Wife"), who currently resides at 4111 Farmside Drive, Nottingham, Maryland, 21236. 3. The parties were married on September 6, 2003. 4. Wife left the marital home on October 10, 2008. 5. On December 17, 2008, Husband filed an action in Divorce under the above-captioned number. 6. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 7. During the course of the marriage, the parties incurred numerous debts. 8. Husband and Wife have been unable to agree as to an equitable division of said marital property and debts. 9. Wife is seeking an equitable division of all marital property. WHEREFORE, Petitioner prays this Honorable Court, after requiring full disclosure by the Husband to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - ALIMONY 10. Items 1- 9 are herein incorporated by reference. 11. Wife lacks sufficient property or income to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 12. Wife is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 13. Husband is self-employed and enjoys a substantial income from which he is able to contribute the support and maintenance of Wife and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Wife prays this Honorable Court to enter an Order awarding her from Husband permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 14. Paragraphs 1 - 13 are incorporated herein by reference. 15. Wife lacks sufficient property to provide for her reasonable means and her needs during the course of this litigation and is unable to support herself through appropriate employment. 16. Wife requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 17. Husband enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, the Wife requests that this Honorable Court enter an award of Alimony Pendente Lite until final hearing. I COUNT IV - COUNSEL FEES, COSTS AND EXPENSES 18. Paragraphs 1- 17 are incorporated herein by reference. 19. Wife is without sufficient funds to retain counsel to represent her in this matter. 20. Without counsel, Wife cannot adequately prosecute her claims against Husband and cannot adequately litigate her rights in this matter. 21. Husband enjoys a substantial income and is well able to bear the expense of Wife's attorney and the expense of this litigation. WHEREFORE, Wife requests this Honorable Court to enter an award of counsel fees, costs, and expenses. Date: e Adams, Esquire I No.79465 7'W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT VERIFICATION I verify that the statements made in this PETITION 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: ,/s/a9 Stephanie J. C , Petit io C`? C=l 1 _ .tom 44. ? ? i m 1 00 •? n W RICHARD P. CLUGH, JR., THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-7330 CIVIL TERM STEPHANIE J. CLUGH, IN DIVORCE Defendant/Petitioner : PACSES NO: 322110591 ORDER OF COURT AND NOW, this 9th day of January 2009, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on January 29, 2009 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (l) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Jane Adams, Esq. Paul J. Esposito, Esq. R. J. S dday, APL Coordinator Date of Order: January 9. 2009 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 6 3 J+i fi Co Paul J. Esposito I.D. #25454 Goldberg Katzman, P.C. 320 Market Street, Strawberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attornevs for Plaintiff RICHARD P. CLUGH, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHANIE J. CLUGH, Defendant NO. 08-7330 - Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, PAUL J. ESPOSITO, ESQUIRE, who being duly sworn according to law deposes and says that on December 19, 2008, he served a certified copy of the Complaint in Divorce by certified mail, restricted delivery, to Stephanie J. Clugh, at 4111 Farmside Drive, Perry Hall, Pennsylvania 21236, and the certified mail receipt card signed by Stephanie J. Clugh on December 22, 2008, is attached hereto and made a hereo PAUL J S SITO Sworn to and subscribed before me this !,?*'day of , 2008. `ally A. Mar , Notary Public My Commission Expires: 9i-1 '1 end to I IF AL+H OF 12ENNSYLVANIA Notarial Seal Sally A. Marsh, Notary Public City Of Harrisburg, Dauphin County My Commission E)Ores Sept. 17, 2010 :0DMAIPCD0CS00CS)97938V2 'ember, Pennsylvania Association of Notaries s c ¦ Cor o to ftami 1,`2, `end 3: AIst? d6TVkte Nam 4 N Pm tri W dblivsry Is desired. ¦ Print your name and address on ft reverse so that we can return the card to you. i Atta this card to the back of the maiipfece, or on the front If space permits. 1. Article Addressed to: J 42 0. Is Nivery address d ftu,t from if ? Yes ' If YES, enter deNmy address below: O No Stephanie I Clugh 4111 Farmside Drive Perry Hall, PA 21236 P'7r%-rRIC.TFr) DELIVERY a type pWwow mw la Bp w mum Cl Regis wW )tP& m ReoW for Mwdrerrd w ? butnd MeN Cy CAA. 4. Ilmdricsed OeNuerlrt Oft Feel IIIfYbs 2. ArWeNumber 7006 2760 0005 6542 7184 Mer"arfromsentl Amw Ps' Form 3811, Fdowy am Owrttflt ft MM O&OW 102te5402-Wtsw C1 r , , C_ 4 -Tl G RICHARD P. CLUGH, JR., THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-7330 CIVIL TERM STEPHANIE J. CLUGH, IN DIVORCE Defendant/Petitioner PACSES NO: 322110591 ORDER OF COURT AND NOW, this 2nd day of March 2009, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on A[?ril 1.2009 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Jane Adams, Esq. Paul J. Esposito, Esq. Date of Order: March 2. 2009 4J.s ,PL Coordinator YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ID RICHARD P. CLUGH, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-7330 CIVIL TERM STEPHANIE J. CLUGH, IN DIVORCE Defendant/Petitioner PACSES CASE: 322110591 ORDER OF COURT AND NOW to wit, this 1 st day of April, 2009, it is hereby Ordered that the Petition for Alimony Pendente Lite, filed on January 7, 2009 in the above captioned matter, without prejudice, pursuant to the parties' incomes, circumstances and equal earning capacities. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: ley Oler, Jr., J. J. W V DRO: R.J. Shadday xc: Petitioner Respondent Jane Adams, Esq. Paul J. Esposito, Esq. Form OE-001 Service Type: M Worker: 21005 FILED-OFFiC {r THE MOTH MITARY 2009 APR -8 PH 3: n 4 V V ai.. 'i.;'ti-ti L-, 'UNTY PENT Yid e YAW. f? RICHARD PL CLUGH, JR., Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY V. STEPHANIE J. CLUGH, Defendant/Petitioner : NO. 08-7330 CIVIL TERM : IN DIVORCE : PACSES CASE: 322110591 DEMAND FOR HEARING DE NOVO To the Domestic Relations Section: Defendant/Petitioner, by and through her attorneys, Scaringi & Scaringi, P.C., hereby requests a hearing de novo on her Petition for Alimony Pendent Lite. Respectfully submitted, SCARINGI, P. By: 14, FFr9hk C. Sluzis, Esquire ornev for Defendant/Petitic ID# 43829 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: (717) 657-7770 Fax: (717) 657-7797 Email: frankkscaringilaw.com RICHARD PL CLUGH, JR., Plaintiff/Respondent V. STEPHANIE J. CLUGH, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY NO. 08-7330 CIVIL TERM IN DIVORCE PACSES CASE: 322110591 CE,R\TIFICATE OF SERVICE AND NOW, this ? y day of April, 2009, I, Frank C. Sluzis, Esquire, do hereby state that I served a true and correct copy of the foregoing document upon the following individual in the manner indicated. VIA FIRST CLASS U.S. MAIL, POSTAGE PRE-PAID Paul J. Esposito, Esquire Attorney for Plaintiff/Respondent Goldberg Katzman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 c Frank C. Sluzis, Esquire F;i. 2069 API 2-D PM 3: 3 9 ?, r In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION STEPHANIE J. CLUGH ) Docket Number 08-7330 CIVIL Plaintiff ) VS. ) PACKS Case Number 3 2 2110 5 91 RICHARD P. CLUGH JR. ) Defendant ) Other State ID Number ORDER OF COURT You, STEPHANIE J. CLUGH plaintiff/defendant of C/O ASHLEY CIOKA, 4111 FARMSIDE DR, NOTTINGHAM, MD. 21236-1673-11 are ordered to appear at DOMESTIC RELATIONS HEARING RM C/O HEARING ROOM, DOMESTIC RELATIONS OFFICE, 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 before a hearing officer of the Domestic Relations Section, on the JUNE 3, 2009 at 8:3OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-509 Rev. 1 Service Type M Worker ID 21302 CLUGH V. CLUGH PACSES Case Number: 322110591 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: 1aa JUDGE J 4esley Oler, ., Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Rev. 1 Service Type M Worker ID 21302 IL L 2099 Art, 30 PH , 1 :3 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION STEPHANIE J. CLUGH ) Docket Number 08-7330 CIVIL Plaintiff ) vs. ) PACSES Case Number 322110591 RICHARD P. CLUGH JR. ) Defendant ) Other State ID Number ORDER OF COURT You, RICHARD P. CLUGH JR. 510 SHIPPISBURG RD, NEWVILLE, PA. 17241 are ordered to appear at DOMESTIC RELATIONS HEARING RM plaintiff/defendant of C/O HEARING ROOM, DOMESTIC RELATIONS OFFICE, 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 before a,hearing officer of the Domestic Relations Section, on the JUNE 3, 2009 at 8: 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 CLUGH V. CLUGH PACSES Case Number: 322110591 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. Date of Order: YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Rev. I Service Type M Worker ID 21302 BY THE COURT: ?_f1 F- ( y? } L?j. ki v„i i?i i ., ,? ??t Li??9{ I q??14 RICHARD P. CLUGH, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 08-7330 CIVIL TERM STEPHANIE J. CLUGH, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 17, 2008. The marriage of 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. Section 4904 relating to unsworn falsification to authorities. Date: Stephani J. Clugh RLED-O=HCE O THE PPC)i9: _, MY 7009 JUN -5 PM 3: 54 IN MI. PENNSYLVANA RICHARD P. CLUGH, JR., Plaintiff V. STEPHANIE J. CLUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 08-7330 CIVIL TERM CIVIL ACTION -- LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 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. Section 4904 relating to unsworn falsification to authorities. Date: p Steph ie J. Clugh RLED-OFFICE OF THE PROTHONOTARY 2009 JUN -5 PM 3* 5 4 PENNSYLVANIA RICHARD P. CLUGH, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 08-7330 CIVIL TERM STEPHANIE J. CLUGH, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 17, 2008. The marriage of 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. Section 4904 relating to unsworn falsification to authorities. Date: -C C Richard P. Clugh, Jr. FlLQ-?Wl OF THE PPOI*H QT Y 2809 JUN -5 Pit 3* 55 i?V4itt'-' c?sl wENNSin?'v gtL.Yr' 1. 3 tt T f ANA RICHARD P. CLUGH, JR., Plaintiff V. STEPHANIE J. CLUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 08-7330 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 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. Section 4904 relating to unsworn falsification to authorities. Date: Richard P. Clugh, Jr. A - FCE OF V PROTHONOTARY 2609 JUN -5 PM 3: 55 PENNSYLVANIA STEPHANIE J. CLUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION RICHARD P. CLUGH, JR., PACSES NO. 890110572 Defendant DOCKET NO. 1136 SUPPORT 2008 RICHARD P. CLUGH, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION STEPHANIE J. CLUGH, : PACSES NO. 322110591 Defendant/Petitioner: DOCKET NO. 08-7330 CIVIL TERM ORDER OF COURT AND NOW, this It day of June, 2009, this matter having been scheduled for a hearing de novo before the Support Master on the Wife's claims for spousal support and alimony pendente lite, and the parties having reached an agreement on all outstanding issues, it is ordered and decreed that the Wife's complaint for spousal support and her petition for alimony pendente lite are dismissed without prejudice. Cc: Stephanie J. Clugh Richard P. Clugh Frank C. Sluzis, Esquire For the Wife Paul J. Esposito, Esquire For the Husband DRO By the Court, OF TH , i'' ' ;VnrAR,Y 2009 jUN --9 PH 3-' 21 + _, ' iVTy Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN. P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-6808 (facsimile) Counsel for Plarxtiff RICHARD P. CLUGH, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHANIE J. CLUGH, Defendant NO. 08-7330 -Civil Term CIVIL ACTION - LAW IN DIVORCE PRAEC'TPF TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA Kindly withdraw the claims contained in Defendant's Petition for Additional Claims, namely: Count I - Equitable Distribution of Property; Count II - Alimony; Count III - Alimony Pendente Lite; Count IV - Counsel Fees, Costs and Expenses, filed in behalf of Defendant in the above-captioned action. Dated: Sc'aKngi & Scaringi 2000 Linglestown Road, Suite Harrisburg, PA 17110 Attorneys for Defendant 106 AN CERTIFICATE OF SERVICE On this day of 2009, I certify that a copy of the foregoing was served upon the following party or. counsel of record by delivering same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Paul J. Esposito, Esquire Goldberg Katzman, P.C. P.O. Box 1268 larrisbw g, PA 17108-1268 Attorney foj Attorneys for Defendant .r' OF THE P^;, ""DNOTAPY 2609 JUN 18 Fib 1: 3 (yg_ 7330 MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this ?J day of 2009, by and O between RICHARD P. CLUGH, JR., (hereinafter referred to as "Husband") and STEPHANIE J. CLUGH, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on September A 2003, at Newville, Cumberland County, Pennsylvania; and WHEREAS, the parties separated on or about February 26, 2009; and WHEREAS, no children were born to the marriage; and WHEREAS, Husband and Wife are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settlement of all matters between them relating to the ownership and equitable distribution of their real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates and in obtaining a Divorce Decree. NOW, THEREFORE, for and in consideration of the mutual promises herein contained, and in consideration of other good and valuable consideration, and intending to be legally bound hereby, the parties mutually promise, covenant and agree as follows: 1. PERSONAL RIGHTS A. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she may from time to time choose or deem fit, free from any control, restraint or interference by the other, subject to the further provisions of this Agreement. The provisions of this Agreement shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living separate and apart. B. 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 or 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. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 3. HUSBAND'S DEBTS Husband represents and warrants to Wife that he has not and, in the future, will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by 2 reason of debts or obligations incurred by him. More specifically, Husband shall be solely responsible for the Visa account with AmeriChoice Federal Credit Union having a current balance of approximately $19,000.00, Capital One Visa have a current balance of $1,253.00, Wells Fargo account having an approximate balance of $1,000.00, and Lowe's account having an approximate balance of $1,500.00. 4. WIFE'S DEBTS Wife represents and warrants to Husband that she has not and, in the future, will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 5. OUTSTANDING JOINT DEBTS Except as otherwise specifically provided in this Agreement, Husband and Wife acknowledge and agree that they have no outstanding debts and obligations which were jointly incurred by them during their marriage. &AAWd ' ?/ 1 ! S. y f a ttJf /ATIT 6. LIABILITY NOT LISTED Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, for which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred, or may hereinafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 7. DISPOSITION OF REAL PROPERTY The parties acknowledge that they are the owners, as tenants by the entireties, of that certain house and lot and all improvements thereupon situate at 510 Shippensburg Road, 3 Newville, Cumberland County, Pennsylvania, the former marital residence. The parties hereby agree that Husband shall be the sole and exclusive owner of said real property and shall be permitted to take any action with respect thereto that he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest that she may have in and to said real property. Wife shall, immediately upon presentation of same, execute a deed conveying all of her right, title and interest in and to said property to Husband. Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the aforesaid property, including but not limited to the mortgage with IndyMac Federal Bank, real estate taxes, insurance premiums, assessments, utilities, maintenance and repairs. Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense which may be incurred in connection with such liabilities and expenses or otherwise resulting from Husband's ownership interest in the marital residence. 8. DIVISION OF PERSONAL PROPERTY The parties hereby agree that they have divided their separate and marital personal property to their mutual satisfaction. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. 9. MOTOR VEHICLES a. 2005 Kia Sedona Minivan - Husband shall retain possession of and receive as his sole and separate property the 2005 Kia Sedona Minivan for his own use and disposition. Husband shall be solely responsible for all expenses associated with said vehicle, including but not limited to insurance and maintenance. 4 b. 1994 Dodge Ram 1500 Pick-up Truck - Husband shall retain possession of and receive as his sole and separate property the 1994 Dodge Ram 1500 Pick-up Truck for his own use and disposition. Husband shall be solely responsible for all expenses associated with said vehicle, including but not limited to insurance and maintenance. C. 2005 Harley Davidson Softail Motorcycle - Husband shall retain possession of and receive as his sole and separate property the 2005 Harley Davidson Softa.il motorcycle for his own use and disposition. Husband shall be solely responsible for all expenses associated with said motorcycle, including but not limited to the loan incurred by him for its purchase, insurance and maintenance. d. 2002 Volkswagen Beetle - Wife shall retain possession of and receive as her sole and separate property the 2002 Volkswagen Beetle for her own use and disposition. Wife shall be solely responsible for all expenses associated with said vehicle, including but not limited to the loan incurred by her for its purchase, insurance and maintenance. e. 2007 Suzuki 650 Motorcycle - Wife shall retain possession of and receive as her sole and separate property the 2007 Suzuki 650 Motorcycle. The parties acknowledge that title to said motorcycle is in Husband's name alone as is the loan incurred for its purchase with Member's First Federal Credit Union having an approximate balance of $5,000.00. Husband shall immediately take all steps necessary to satisfy the aforesaid loan in full and transfer ownership of the motorcycle to Wife. 10. FINANCIAL ACCOUNTS Husband and Wife acknowledge that they have maintained various accounts during their marriage in both their individual and joint names. The parties hereby agree that Husband shall retain any and all accounts in his name alone, including but not limited to his checking account at Orrstown Bank and his savings account at AmeriChoice Federal Credit Union. The parties further agree that Wife shall retain any and all accounts in her name alone, including but not limited to the joint checking account at Orrstown Bank. The parties shall immediately take all steps necessary to have Husband's name removed from the joint checking account at Orrstown Bank. 11. AFTER-ACQUIRED PROPERTY The parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, real, personal or mixed, tangible or intangible, which are or were acquired by him or her after the parties' 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. 12. DISCLOSURE OF ASSETS AND WAIVER OF PROCEDURAL RIGHTS Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code, as amended, or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or 6 assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns with respect to this divorce, alleging that there was a denial of any rights to full disclosure, or that there was any duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. The parties acknowledge that a breach of this Agreement does, however, remain actionable. 13. PRIOR TAX RETURNS The parties acknowledge that they have heretofore filed certain joint income tax returns. The parties hereby agree that in the future, if any penalties or interest or any liability for failure to declare income or as a result of disallowance of a claimed deduction shall be assessed by the United States Internal Revenue Service, Commonwealth of Pennsylvania or other taxing authority, said penalties or interest shall be paid by and solely attributable to and be the responsibility of the party failing to declare said income or claiming the deduction. In addition, the responsible party shall indemnify, defend and hold the other party harmless against all tax, penalty, and interest payments, as well as attorney and accounting fees incurred arising from the failure to declare income or disallowance of the claimed deduction. The parties further agree that each will immediately forward to the other a copy of any deficiency notice or other correspondence received by either of them from the Internal Revenue Service, Commonwealth of Pennsylvania or other taxing authority, concerning tax years for which a joint return has been filed. The responsible party shall have ten (10) days after receipt of notice to either pay the taxing authority or defend the innocent party against the taxing authority. Thereafter, the innocent party shall have the right to secure his/her own counsel and the responsible party shall pay the reasonable and necessary fees thereof. 7 14. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY Husband and Wife hereby waive and relinquish all rights, if any either may have, to spousal support, alimony pendente lite and alimony. 15. COUNSEL FEES. COSTS AND EXPENSES Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and in the preparation and execution of this Agreement. 16. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Paul J. Esposito, Esquire; and Wife by her counsel, Frank C Sluzis, Esquire. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. 17. WAIVER OF INHERITANCE RIGHTS Unless otherwise specifically provided in this Agreement, as of the date of execution of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any Trust of the other or in which the other has an interest and each of the parties hereby waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania or any other jurisdiction. 8 18. WAIVER OF BENEFICIARY DESIGNATION As of the date of execution of this Agreement, unless otherwise specifically set forth herein, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding any continuing marital status between the parties, each shall sign whatever documents are necessary to enable the other to designate new beneficiaries for retirement plans, insurance policies and similar assets in order to conform with law. 19. RELEASE OF CLAIMS. a. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever 9 he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. b. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in or as to any breach of this Agreement, each party hereby absolutely and unconditionally releases and forever 10 discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. d. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. Husband and Wife acknowledge that Husband has instituted a no-fault action in divorce against Wife docketed to No. 08-7330 in the Court of Common Pleas of Cumberland County, Pennsylvania. 11 The parties shall, promptly and without delay, proceed with the said divorce action, and execute all documents necessary to conclude the divorce immediately upon presentation of same. 20. MUTUAL COOPERATION Husband and Wife agree that each will forthwith (and within at least ten (10) days after demand therefore) execute any and all writings, instruments, assignments, releases, satisfactions, deeds, mortgages or such other writings as may be desirable or necessary for the proper effectuation of this Agreement. 21. MODIFICATION AND WAIVER A modification or waiver of any 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. 22. TAX ADVICE Each party acknowledges that his or her counsel has not made any representations to that party regarding the tax consequences or tax effect of any of the matters set forth herein, and has instead advised him or her to seek the assistance of an accountant or tax attorney to provide advice as to the tax consequences of this Agreement or any ramifications thereof, and that each party's counsel has given no recommendation, advice, opinion or statement concerning the tax consequences of this Agreement. 23. AGREEMENT BINDING ON HEIRS The death of either party hereto shall not terminate the requirements of this Agreement for any and all payments or settlements to be made hereunder. Any payments due hereunder shall be made by the personal representative or executor of the deceased from his or 12 her estate. This Agreement shall be binding upon the heirs, executors, administrators, legal representatives and assigns of both parties hereto. 24. MUTUAL RELEASE Husband and Wife each do hereby mutually release, remise, quit-claim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property, including income and gain from property hereafter accruing, of the other or against the estate of each other, of whatever nature and wheresoever situate, which she or he now has, or at any time hereafter may have against each other, the estate of the other or any part thereof, whether arising out of any former act, contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's rights or widower's rights, family exemption or similar allowance, or under the Intestate Law, or the rights to take against the spouse's Will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of the surviving spouse to participate in a deceased spouse's estate or any right which a wife or a husband may have or at any time hereafter may have for the past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital separation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any part hereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full and complete general release with respect to any and all property of any kind or nature, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatever nature arising or which may arise under this Agreement or for the breach of any part of this Agreement, subject, 13 however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 25. GENERAL DUTY TO INDEMNIFY Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, for which the other party is or may be liable. Each party covenants that if any claim, action or proceeding is initiated seeking to hold the other party liable for any debt, obligation, liability, act or omission related to the marriage of the parties for which that party is responsible under the terms of this Agreement, the responsible party will, at his or her sole expense, defend the other against the claim, action or proceeding. In addition, each party covenants that he or she will indemnify and hold harmless the other party with respect to all Damages arising from such action or proceeding. The terms "Damages," as used in this Agreement shall include, without limitation, any loss, cost or other liability that results from the prosecution of any claim, action or proceeding, including reasonable attorney's fees and other expenses incurred in the prosecution of the claim, action or proceeding or in an attempt to avoid such litigation. To be includible, "Damages" must result from an inaccurate representation made by or on behalf of either party to the other in or pursuant to this Agreement, or from a breach of any of the covenants, promises or obligations made by or incurred by either party in or pursuant to this Agreement. Each party agrees to give the other prompt written notice of any litigation, demand, claim, action or proceeding that is threatened or instituted against him or her and that might constitute the basis of a claim for indemnity pursuant to the terms of this paragraph. 14 Y 11 26. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. 27. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or 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. 28. WARRANTY Husband and Wife acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fair and equitable to each of them. 29. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 30. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 15 31. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 32. EFFECTIVE DATE This Agreement shall be immediately effective upon execution by the parties and is not subject to any conditions precedent such as the parties' divorce. 33. SANCTIONS FOR NON-COMPLIANCE In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms hereof, the breaching party will pay all attorney's fees, court costs and expenses (including interest and travel costs if applicable) which are incurred by the other party in enforcing this Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and attorney's fees incurred by the non-breaching party in protecting and enforcing his or her rights under this Agreement. 34. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the 16 parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: 67 17-k- RICHARD P. CLUGH, . .2. A' A. It Mvf", STEP ANIE J. 1?91GH 17 OF THE F 20ui 3 ? 13 F`. C u i; T Paul J. Esposito, Esquire I.D. #23454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-6808 (facsimile) Counsel for Plaintiff RICHARD P. CLUGH, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHANIE J. CLUGH, Defendant NO. 08-7330 - Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: decree: Transmit the record, together with the following information, to the Court for entry of a divorce Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: December 22, 2008, via certified mail - restricted delivery, signed for by Defendant. 3. (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff on June 3. 2009 ; by Defendant on June 3, 2009 (b)(1) Date of execution of the Affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: June 5, 2009 Date Defendant's Waiver of Notice in § 3301 c) Divorce was filed with the prothonotary: June 5, 2009 Attorney for Pl ' iff f r?r? };??????? i ZOQ9 .':?? ? ? ??? 1 ? t ????1 z?Y RICHARD P. CLUGH, JR., Plaintiff V. STEPHANIE J. CLUGH. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7330 -Civil Term DIVORCE DECREE AND NOW, T q-, r Z ?( Z6j0 it is ordered and decreed that RICHARD P. CLUGH, JR. , Plaintiff, and STEPHANIE J. CLUGH , 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.") AND IT IS FURTHER ORDERED AND DECREED. that the terms. provisions and conditions of a certain Marriage Settlement Agreement between the parties dated June 3 2009, are hereby incorporated in this Decree by reference as fully as though the same were set forth herein at length. Said Agreement shall not merge with. but shall survive- this Decree. By the Court, 3 . / /D Cevf AO 5p??- O