HomeMy WebLinkAbout09-2356
TRUDY A. ELLIS, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
V. NO.
CLIFFORD W. ELLIS, CIVIL ACTION - LAW
Defendant IN DIVORCE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You are warned that if you fail to do so,
the case may proceed without you and a decree of divorce or annulment may be entered against you
by the Court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania
17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS'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 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or (800) 990-9108
OM &
Nu UI AKIS
Michelle L. Sommer, Esquire
Attorney I.D. #: 93034
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
TRUDY A. ELLIS,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO.
CLIFFORD W. ELLIS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
1. Plaintiff is Trudy A. Ellis, who currently resides at 1027 Oakville Road, Newville,
Cumberland County, Pennsylvania.
2. Defendant is Clifford W. Ellis, who currently resides at 224 North Bedford Street, Carlisle,
Cumberland County, Pennsylvania.
3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least
six (6) months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on July 9, 2007 at Newville, Cumberland County,
Pennsylvania.
COUNT I - DIVORCE
5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference
as though set forth in full.
6. There have been no prior actions of divorce or for annulment between the parties.
7. Divorce is sought pursuant to the provisions of the Divorce Code, §§ 3301 (a), (c) and
3301(d), in that:
a. Plaintiff is the innocent and injured spouse as the Defendant has committed
adultery.
b. The marriage is irretrievably broken.
c. Plaintiff and Defendant have lived separate and apart since October 3, 2008 and
continue to do so.
8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to
request that the court require the parties to participate in such counseling.
9. The Plaintiff in this action is not a member of the Armed forces.
WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce.
COUNT II - EQUITABLE DISTRIBUTION
10. Paragraphs one (1) through nine (9) of this Complaint are incorporated herein by reference
as though set forth in full.
11. Plaintiff and Defendant have acquired property, both real and personal, during their
marriage from July 9, 2007, until October 3, 2008, the date of their separation, which
property is "marital property".
12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in
value during the marriage and/or which has been exchanged for other property, which has
increased in value during the marriage, all of which property is "marital property".
13. Plaintiff and Defendant have been unable to agree as to an equitable division of said
property prior to the filing of this Complaint.
WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital
property.
COUNT III - ALIMONY
14. Paragraphs one (1) through thirteen (13) of this Complaint are incorporated herein by
reference as though set forth in full.
15. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to
support herself through appropriate employment.
16. Plaintiff requires reasonable support to maintain herself adequately in accordance with the
standard of living established during the marriage.
WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony.
COUNT IV - COUNSEL FEES AND COSTS
17. Paragraphs one (1) through sixteen (16) of this Complaint are incorporated herein by
reference as though set forth in full.
18. Plaintiff has retained the law offices of ABOM & KUTULAKIS, L.L.P., but is unable to pay the
necessary and reasonable attorney's fees for said counsel.
19. Plaintiff may need to hire experts to appraise the marital property but she lacks funds to pay
the necessary and reasonable fees.
WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim
counsel fees, costs and expenses and to order such additional sutras hereafter as may be deemed
necessary and appropriate, and at final hearing to award such additional counsel fees, costs and
expenses as are deemed necessary and appropriate.
DATE
Respectfully submitted,
ABOM & KUTULAKIS, L.L.P.
JTV"'km ?-t &WV&
Michelle L. Somm squire
Supreme Court ID No. 93034
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
I, Trudy A. Ellis, verify that the statements made in this Divorce Complaint 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. §4904
relating to unsworn falsification to authorities.
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Dat
TRUDY A. S
OF THE P ^'.j V" ARY
2009 APR 114 PH 2: 28
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Michelle L. Sommer, Esquire
Attorney I.D. #: 93034
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
TRUDY A. ELLIS, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
V. NO. 09-2356
CLIFFORD W. ELLIS, CIVIL ACTION - LAW
Defendant IN DIVORCE
AFFIDAVIT OF SERVICE
I, Michelle L. Sommer, Esquire, hereby certify that I did serve a true and correct copy of the
Complaint under Sections 3301 (a), (c) and (d) of the Divorce Code, upon the Defendant, by
depositing, or causing to be deposited, same in the U.S. mail, certified, restricted delivery, postage
prepaid, on Clifford Ellis, at Carlisle, Pennsylvania, addressed as follows:
Clifford W. Ellis
711 North Pitt Street
Carlisle, PA 17013
Return card acknowledging receipt on April 24, 2009 is attached as Exhibit "A".
Date:' Oq
ABOM&KUMLAKrs; LLP
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Michelle L. Somme , squire
Attorney I.D. No: 93034
36 South Hanover Street
Carlisle, PA 17013
(717)249-0900
Attorney for Plaintiff
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2009 APP 27 h 10: 5
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TRUDY A. ELLIS n/k/a
TRUDY ANN NEAL,
Plaintiff
v.
CLIFFORD W. ELLIS,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
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PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made and concluded as of the 1~ day of ~~~^ /
2010, by and between Trudy A. Ellis, now known as Trudy Ann Neal, (hereinafter referred to as
"Wife"), and Clifford W. Ellis, (hereinafter referred to as "Husband"), being of, and consenting
to, for all purposes of jurisdiction concerning this Agreement, the Commonwealth of
Pennsylvania.
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife having been lawfully joined in
marriage on July 9, 2007, and diverse unhappy differences, disputes, misunderstandings and
difficulties have arisen between the parties, as a result of which they are living separate and apart;
and
WHEREAS, Wife may be entitled to payment by Husband or Husband may be entitled to
payment by Wife for support and maintenance in any support proceeding and/or alimony,
alimony pendente lite, counsel fees, legal costs and expenses pertaining to or in any divorce
proceedings; and
WHEREAS, certain differences and disputes have arisen or may arise 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 or either of them; and
WHEREAS, certain differences and disputes have arisen or may arise between the
parties respecting their respective or mutual obligations with regard to various claims by third
parties; and
WHEREAS, it is the desire of the parties, after long and careful consideration, to
amicably adjust, compromise and settle all property rights and all rights in, to or against each
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other's property or estate, 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 maintenance and/or support, alimony, counsel fees, costs and any other right or
interest arising out of or by reason of their marriage.
NOW, THEREFORE, in consideration of the promises and of the several mutual
promises and/or covenants and/or agreements hereinafter contained, each of the parties hereto,
intending to be legally bound hereby, promises, covenants and agrees as follows:
Effective Date of Agreement
This agreement will become effective and binding upon both parties upon execution.
2. Date of Execution
The phrases "date of execution" or "execution date" of this Agreement shall be defined as
the day of the execution by the party last executing this Agreement.
3. Mutual Releases and Waivers
Except as provided for in this Agreement, Husband and Wife each forever releases,
remises, discharges and quitclaims the other and the estate of the other, for all time to come and
for all purposes whatsoever, from any action of any nature whatsoever in law or in equity, and
forever releases, remises, discharges and quitclaims the other and the estate of such other, for all
time to come, and for all purposes whatsoever, of and from any and all rights, titles, interests or
claims in or against the other, or in or to the real, personal and/or mixed property of the other
(including income, appreciation and gain from property hereafter accruing), and all rights, titles,
interests and claims which he or she now has or ever may have in and/or to the other's estate, and
each and every additional right, title, interest and claim he or she has or ever may have against
the other, his or her heirs, executors, administrators and assigns, excepting only the obligations,
rights and claims imposed or inuring to the benefit of either of the parties by reason of the terms
of this Agreement.
Each of the parties hereto further covenants and agrees for herself and himself, and her or
his heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue
the other party or her or his heirs, executors, administrators or assigns, for the purpose of
enforcing any of the rights relinquished under this paragraph.
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It is further specifically understood and agreed by and between the parties hereto that
Wife and Husband accept the provisions made and set forth in this Agreement by Husband for
Wife and or Wife for Husband, in lieu of and in full settlement and satisfaction of any and all of
the Wife's rights against Husband or Husband's rights against Wife, for any past, present and
future claims on account of support and maintenance or any other right or interest arising out of
the marriage, that is specifically understood and agreed that the payments, transfers and other
considerations herein recited so comprehend and discharge any and all such claims by Wife
against Husband, and Husband against Wife, and are, inter alia, in full settlement and satisfaction
in lieu of Husband's and Wife's past, present and future claims against each other on account of
maintenance and support, alimony and also alimony pendente lite, counsel fees, costs and
expenses and any other charge of any nature whatsoever arising out of their marital relationship
and/or pertaining to any divorce proceeding which have been or may be instituted by Wife in any
court in the Commonwealth of Pennsylvania or any other jurisdiction and/or any divorce
proceeding which may have been or may be instituted by Husband in any court in the
Commonwealth of Pennsylvania or any other jurisdiction or any other counsel fees, costs and
expenses incurred or to be charged by any counsel or arising in any manner whatsoever.
Wife and Husband agree that, except as may be otherwise provided herein, neither party
may apply to any court for a modification of this Agreement, with respect to alimony and
distribution of property, whether pursuant to the Divorce Code or any other present or future
statute or authority. Except as provided for in this agreement, it shall be the sole responsibility of
Wife and Husband to sustain themselves without seeking any support from the other party from
the date of the execution of this Agreement. In the event that either of the parties shall
nevertheless seek such a modification, that party shall indemnify and hold the other party
harmless from and against any loss resulting therefrom, including attorney's fees and costs.
4. 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
agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the
person or persons who would have become entitled thereto as if the decedent had been the last to
die. This provision is intended to constitute a mutual waiver by the parties of any rights to take
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against each other's last Wills under the present or future laws of any jurisdiction whatsoever and
is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each.
Either party may, however, make such provision for the other as he or she may desire in and by
his or her Last Will and Testament; and each of the parties further covenants and agrees that he
or she will permit any Will of the other to be probated and allow administration upon his or her
personal, real or mixed estate and effects to be taken out by the person or persons who would
have been entitled to do so had Husband or Wife died during the lifetime of the other; and that
neither Husband nor Wife will claim against or contest the Will and the estate of the other. Each
of the parties hereby releases, relinquishes and waives any and all rights to act as executor or
executrix or administrator or administratrx of the other party's estate. Each of the parties hereto
further covenants and agrees for himself and herself and his or her heirs, executors,
administrators or assigns that he or she will never at any time hereafter sue the other party or his
or her heirs, executors, administrators or assigns for the purpose of enforcing any of the rights
relinquished under this paragraph.
5. Separation and Non-Molestation Agreement
It shall be lawful for Wife and Husband at all times hereafter to live separately and apart
from each other and to reside from time to time at such place or places as they shall respectively
deem fit, free from any authority, control, restraint or interference, direct or indirect, by each
other. Each party agrees that he or she will not compel or endeavor to compel the other to
cohabit or dwell with him or her by any legal or other proceedings. Each may have for her or his
separate use and benefit the right to conduct, carry on or engage in any business, profession or
occupation. Neither of the parties shall, in any way whatsoever, interfere with the other's
employment or occupation, directly or indirectly. Wife and Husband shall not molest, harass,
disturb or malign each other or the respective families, employees or employers of each other.
The parties are free to mutually and voluntarily make any efforts at reconciliation as he, she or
they shall deem proper. The foregoing provisions, however, shall not be taken to be an
admission on the part of either Husband or Wife of the lawfulness of or unlawfulness of the
cause leading to their living apart.
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6. Legal Advice
The parties have had every opportunity to have the attorney of their choice fully explain
the provisions of this Agreement. The Wife has employed and had the benefit of counsel of
Michelle L. Sommer, Esquire, as her attorney. The Husband has employed and had the benefit of
counsel of Andrew H. Shaw, Esquire, as his attorney. Each party acknowledges that he or she
has had the opportunity to receive independent legal advice from counsel of his or her selection
and that each fully understands the facts and has been fully informed as to his or her legal rights
and obligations and each party acknowledges and accepts that this Agreement is, under the
circumstances, fair and equitable, and that it is being entered into freely and voluntarily after
having received such advice and with such knowledge, and that the 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.
7. Divorce
Prior to the execution of this Agreement, Wife filed a divorce action in the Court of
Common Pleas of Cumberland County, seeking a Divorce Decree pursuant to Sections 3301(a),
(c) and (d) of the Divorce Code. Wife agrees to prosecute at her expense said divorce action in a
diligent and expeditious manner.
The parties agree that upon the expiration of the requisite ninety (90) day waiting period
they will execute Affidavits of Consent, consenting to a no-fault divorce pursuant to Section
3301(c) of the Divorce Code, the originals of which will be filed with the Office of the
Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania.
It is specifically understood and agreed by and between the parties and each does hereby
warrant and represent to the other as defined in the Divorce Code that their marriage is
irretrievably broken. If, after the execution of this Agreement, either party delays or contests the
obtaining of a final unappealed Divorce Decree, that person shall be fully responsible for all
attorney's fees, costs and expenses incurred by the other in obtaining the final decree in divorce
so delayed.
Further, Wife and Husband each knowingly and understandingly hereby waive any and all
possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of
public policy, unenforceable in whole or in part. Wife and Husband each does hereby warrant,
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covenant and agree that, in any possible event, she and he is and shall forever be estopped from
asserting any illegality or unenforceability as to all or any part of this Agreement.
8. Effect of Divorce Decree
It is specifically understood and agreed by and between the parties hereto and each of the
said parties does hereby warrant and represent to the other that unless otherwise specifically
provided for herein, the Agreement shall continue in full force and effect regardless of any
change in the marital status of the parties, shall continue in full force and effect after such time as
a final decree in divorce may be entered, and shall survive and not be merged into any such
judgment, order or decree.
9. Effect of No Divorce
This Agreement will remain in full force and effect even if there is no divorce.
10. Equitable Distribution
Prior to the execution of this Agreement, the parties have made full and honest disclosure
of the non-marital, marital and individual assets and debts. The parties hereto mutually agree
that they have effected a satisfactory division of the furniture, household furnishings, appliances
and other household personal property between them. The parties mutually agree that Wife shall,
from and after the date hereof, be the sole and separate owner of all such tangible personal
property presently in her possession and that Husband hereby releases and relinquishes any right,
title or interest he may have had in the past or now has in the tangible personal property in Wife's
possession. The parties further agree that Husband shall, from and after the date hereof, be the
sole and separate owner of all such tangible personal property presently in his possession and that
Wife hereby releases and relinquishes any right, title or interest she may have had in the past or
now has in the tangible personal property in Husband's possession.
With respect to the marital residence, the parties agree that Wife shall refinance the
existing loan related to the marital residence, thereby removing Husband from any obligation
related to the marital residence. At the time of refinancing by Wife, Husband shall convey to
Wife any interest he may have in the marital residence.
11. Financial Disclosure
Husband and Wife hereby verify, acknowledge and confirm that they have made full
financial disclosure to the other of any and all assets and income, including but not limited to,
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money, accounts, investments and any and all tangible and intangible personal property and real
property prior to separation; and that neither party is hiding or otherwise failing to inform and/or
disclose to the other, of assets or income to which the other party may be entitled to for purposes
of equitable distribution, alimony, alimony pendente lite or otherwise. In the event that either
party is found in breach of this provision, the non-breaching party shall be entitled to
modification of the equitable distribution, alimony, alimony pendente lite provisions, or related
provisions, as stated herein; or as to any other relief the court may deem proper.
12. Bankruptcy
Husband and Wife agree that any payments due by Husband to Wife or by Wife to
Husband pursuant to this Agreement, shall not be dischargeable in bankruptcy in the event that
either party files for personal bankruptcy under Chapter 7 or 11 of the Bankruptcy Code; or as a
business under Chapter 11 of the Bankruptcy Code; nor shall any such debts be listed as debts in
any petition for bankruptcy filed by or on behalf of either party.
13. Tax Treatment
The parties agree that Husband and Wife shall file separate tax returns for tax year 2009.
14. Breach
In the event that either Husband or Wife fails to comply with the terms, provisions, and
conditions as stated in this Agreement and/or fails to fulfill their respective financial obligations
as stated in this Agreement, said party shall be in breach of this Agreement and upon
determination by the Court of said breach, the non-breaching party shall be entitled to
enforcement of this Agreement by contempt.
15. Divorce
Husband and Wife agree that this Agreement shall be incorporated, but shall not merge,
into the final Decree in Divorce entered herein and that this Agreement shall be enforceable in
contempt.
16. Waiver of Alimony Pendente Lite Alimonv, Support and Legal Fees
Except as is otherwise specifically provided herein, each party hereby specifically
releases, relinquishes and discharges any right he or she may have against the other for any past,
present or future claims on account of spousal support, maintenance, alimony, alimony pendente
lite, counsel fees, costs or expenses or on account of any other right or interest arising out of the
7
marriage. It is specifically understood and agreed by and between the parties that this Agreement
comprehends and discharges any and all such claims by Wife against Husband, and Husband
against Wife, notwithstanding that the financial circumstances of the parties may change in the
future. Each party hereby agrees that neither party may apply to any Court for a modification of
this Agreement with respect to spousal support, maintenance, alimony, alimony pendente lite or
counsel fees whether pursuant to the Divorce code or any other present or future statute or
authority. It shall be the responsibility of each party to sustain themselves without seeking any
spousal support, maintenance, alimony, alimony pendente lite, counsel fees or costs from the
other party from the date of the execution of this agreement.
17. Warranty as to Existing Obligations
During the course of the marriage, Wife and Husband incurred certain liabilities. With
respect to the liabilities arising from the marriage which were incurred prior to the date of the
execution of this Agreement, Wife and Husband each covenants, represents, warrants and agrees
that, except as may be otherwise specifically provided for by the terms of this Agreement, as of
the date of execution of this Agreement, no liabilities remain which were incurred by that party
(or on that party's behalf) for which the other party may be deemed liable and if any such
liabilities should be determined to have existed as of the date of execution of this Agreement,
except as set forth in this Agreement, the party who incurred that liability now and at all time
hereafter shall indemnify and hold harmless from and against any such liabilities, or costs or
expenses, including attorney's fees, relating thereto.
18. Warranty as to Future Obligations
Wife and Husband each covenants, represents, warrants and agrees that, except as may be
otherwise specifically provided by the terms of this Agreement, neither of them shall hereafter
incur any liability whatsoever for which the other or the estate of the other may be liable and each
now and at all times hereafter shall indemnify and hold the other party harmless from and against
any such liabilities, costs or expenses, including attorney's fees, relating thereto by the other
party after the date of the execution of this Agreement.
19. Default or Delay in Obligations of Performance Under Agreement
In the event that either party defaults with respect to any obligation to be performed
hereunder, and in addition to any and all other remedies within ten (10) days after sending of a
8
written notice by certified mail to the defaulting party specifying said default, the defaulting party
hereby agrees to indemnify the party injured, or to reimburse him or her for any and all attorney's
fees and disbursements resulting from or made necessary by the bringing of any suit or other
proceeding, whether by complaint or counterclaim to enforce any obligation or to collect such
payment, provided such suit or other proceeding results in a judgment, decree or order in favor of
the suing party. In the event such suit or other proceeding results in a judgment, decree or order
against the suing party, the suing party shall reimburse the other party for any and all expenses,
costs and attorney's fees resulting from or made necessary by virtue of the bringing of such suit
or proceeding.
If such default is remedied after the commencement of this suit, or other proceeding
referred to in the above paragraph, the indemnity and reimbursement obligation shall be
operative with the same force and effect as if judgment, decree or order had been made in favor
of the party bringing such suit or other proceeding.
20. Independent Separate Covenants
It is specifically understood and agreed by and between the parties hereto that each
paragraph shall be deemed to be a separate and independent covenant and agreement, and a
breach by Wife or Husband of any provision of this Agreement shall not justify or excuse breach
or default by Wife or Husband of any other provision of this Agreement.
21. Confirmatory Documents
Husband and Wife covenant and agree that they will forthwith (and within at least fifteen
(15) days after demand therefore) execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper
effectuation of this Agreement.
22. Entire Agreement, Merger and Integration
Husband and Wife do hereby covenant and warrant that this Agreement contains all of the
representations, promises and agreements made by either of them to the other for the purposes set
forth in the preamble herein above; that there are no claims, promises or representations not
herein contained, either oral or written, which shall or may be charged or enforced or enforceable
unless reduced to writing and signed by both parties hereto; and the waiver of any term,
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condition, clause or provision of this Agreement shall in no way be deemed or considered a
waiver of any other term, condition, clause of provision of this Agreement.
It is agreed by and between the parties that this Agreement shall be incorporated into, but
not merged, with the parties' final decree in divorce for enforcement purposes only. This
Agreement shall survive the Divorce Decree.
23. Agreement Binding on Heirs
The terms, provisions and conditions of this agreement shall be binding upon any and all
of the heirs, executors, administrators, successors or assigns of either of the respective patties
hereto, except as otherwise herein provided.
24. 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.
25. Headings
Any headings preceding the text of the several paragraphs or subparagraphs hereof are
inserted only for the convenience of reference and shall not constitute a part of this Agreement,
nor shall they affect its meaning, construction or effect.
26. Waiver or Modification to be in Writing
No modification or waiver of any of the terms hereof shall be valid unless in writing and
signed by both parties.
27. Notice Provision
(a.) Notice to Husband shall be sent by certified mail, return receipt requested, to his
primary residence or such other address as Husband from time to time may designate in writing.
(b.) Notice to Wife shall be sent by certified mail, return receipts requested, to her
primary residence or such other address as Wife from time to time may designate in writing.
28. Law of Pennsylvania Applicable
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania which are in effect as of the date of the execution of this Agreement.
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29. No Waiver of Default
This Agreement shall remain in full force and effect unless and until terminated under
and pursuant to the terms of this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall in no way affect the right of such
party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be
construed as a waiver of any subsequent default of the same of similar nature, nor shall it be
construed as a waiver of strict performance of any other obligations herein.
30. Counterparts
This Agreement may be executed in counterparts, each of which will be an original and
which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written:
Dater ~ ~ 1 Q
Date: I' ~ `~ . ~l~` U
Date: ~'/~~',~ '~1~
Date: ~`" ~ a
C~~~
Trudy Ann ea
l,'~-
Witness
Cli o .Ellis
Witness
11
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this, the ~ day of ~, 2010, before me, a Notary Public
for the Commonwealth of Pennsylvania, ersonall a- eared Trud Ann Neal known to me to
P Y PP Y ,
be the person whose name is subscribed to the within Agreement and acknowledged that she
executed the same to the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
~~ .
NOTARY PUBLIC
Corr~monwea?th cf Pcnns ivania
^OT.~!~i.ro~ ~El-tip
DE~Sr;i,~i i ~. r!~;~ t4i, 6vt~tary Public
Mec~:~nicrh,:ai,., ~~;;,; , G ~ ~~,'+a of Cumberland
AAy C;c~~~~~ ~ -, ~~~~ .: ~ ~ J+arar~ 11, 2010
COUNTY OF CUMBERLAND
.~
On this, the ~_ day of , 2010, before me, a Notary Public
for the Commonwealth of Pennsylvania, persona y Clifford W. Ellis, known to me to be the
person whose name is subscribed to the within Agreement and acknowledged that he executed
the same to the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
CC'~UlMONWEALTH OF PENNSYLVARrt
Notarial Seat
Kristi L. Monnett, Notary public
CarAsle Boro, Cumberland County
My Commission Expires Jan. 3t1, 2012
Member, Pennsylvania Association of Notaries
N TARY PUBL C
12
4
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OM ~'
KuTUL~Is
Michelle L. mer, Esquire
Attorney I.D. #: 93034
2 West High Street
Cazlisle, PA 17013
(717)249-0900
TRUDY A. ELLIS, n/k/a,
TRUDY ANN NEAL,
Plaintiff
v.
CLIFFORD W. ELLIS,
Defendant
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 09-2356
CIVIL ACTION -LAW
IN DIVORCE
PRAE('IPE To TRANSMIT THE RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry
of a divorce decree:
1. Ground(s) for Divorce:
a. Irretrievable Breakdown under ~3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint:
a. Personal Service on Clifford W. Ellis, as evidenced by Acceptance of
Service filed on Apri127, 2009.
3. Date of execution of the Affidavit of Consent required by ~3301(c) of the
Divorce Code:
a. by Plaintiff: January 14, 2009
b. by Defendant: January 15, 2009
4. All economic claims previously raised have been settled by filing of the
Marital Settlement Agreement dated
5. Date Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary:
a. by Plaintiff: January 19, 2009
b. by Defendant: January 19, 2009
DATE ~ I ~ ~~.~ I V
Respectfully submitted,
ABOM & KvTVLAxIS, L.L.P.
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Michelle L. Somm ,Esquire
Supreme Court ID No. 93034
2 West High Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plainti~
ABOM CSZ'
j~LiTLiLAKIS
Michelle L. Sommer, Esquire
Attorney I.D. #: 93034
2 West High Street
Cazlisle, PA 17013
(717) 249-0900
TRUDY A. ELLIS, n/k/a,
TRUDY ANN NEAL,
Plaintiff
v.
CLIFFORD W. ELLIS,
Defendant
FIL~~:„~rCE
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 09-2356
CIVIL ACTION -LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in divorce under ~3301(c) of the Divorce Code was filed on
April 14, 2009.
2. 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.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. X4904 relating
to unsworn falsification to authorities.
Date: ~~~'~' ~~~~1~
CLI RD W. E IS
OM ~'
LILAKIS
Michelle L. Sommer, Esquire
Attorney I.D. #: 93034
2 West High Street
Cazlisle, PA 17013
(717)249-0900
TRUDY A. ELLIS, n/k/a,
TRUDY ANN NEAL,
Plaintiff
v.
CLIFFORD W. ELLIS,
Defendant
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 09-2356
CIVIL ACTION -LAW
IN DNORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER ~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. X4904 relating to unsworn falsification to authorities.
Date: ~'~~.~~h~~
C ORD W. LLIS
D JAN 2 5 2010 '~
------------------------
OM ~'
LILAKIS
Michelle L. Sommer, Esquire
Attorney I.D. #: 93034
2 West High Street
Carlisle, PA 17013
(717) 249-0900
TRUDY A. ELLIS, n/k/a,
TRUDY ANN NEAL,
Plaintiff
v.
CLIFFORD W. ELLIS,
Defendant
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 09-2356
CIVIL ACTION -LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in divorce under ~3301(c) of the Divorce Code was filed on
Apri114, 2009.
2. 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.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. X4904 relating
to unsworn falsification to authorities.
Date:~I-l~-~v1~ ~~ l~X
TRUDY A.
OM ~'
LILAKIS
Michelle L. mer, Esquire
Attorney I.D. #: 93034
2 West High Street
Cazlisle, PA 17013
(717)249-0900
TRUDY A. ELLIS, n/k/a,
TRUDY ANN NEAL,
Plaintiff
v.
CLIFFORD W. ELLIS,
Defendant
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'fir THE n.:~;~'r~ ,^~~;^fTA~Y
2Q 10 J~~~ 19 ~ 2~ 4 ~
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 09-2356
CIVIL ACTION -LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER ~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. X4904 relating to unsworn falsification to authorities.
Date: ~' 1 ~ _ ~~ ~~
TRUDY A. AL
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TRUDY A. ELLIS n/k/a TRUDY ANN NEAL
V.
CLIFFORD W. ELLIS NO 09-2356
DIVORCE DECREE
AND NOW, ~ e.`n~.~ov~y 2 Z, ~ ~ ~ , it is ordered and decreed that
TRUDY A. ELLIS n/k/a TRUDY ANN NEAL plaintiff, and
CLIFFORD W. ELLIS
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 Property Settlement Agreement dated January 15, 2010, is incorporated but not
merged.
By the Court,
Attest: ~J.
'1
otary
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