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HomeMy WebLinkAbout01-2974YVONNE D. CI F. MENT, : IN ~ COURT OF COMMON P~.~.AS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. O/- 7 THOMAS E. CI.FMENT, : CIVIL ACTION - LAW Defendant : DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend al/ainst 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 fights important to you, including custody or visitation ofyour 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 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 SHOULI) TARE THIS PAPER TO YOUR LAV+~/ER AT ONCE. !~ 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 A._~oei~fion 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 YVONNE D. CLI~MENT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. Od* -~ '~ 7,/ ~ ~ . THOMAS E. CLEMENT, : CIVIL ACTION - LAW Defendant : DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE The Plaimiff, Yvonn¢ D. Clement, by and through her attorney, Jeann~ B. Costopoulos, Esquire, avers the following~ Count I - Divorce 1. The Plaintiff, Yvonn¢ D. Clement, is an adult indlv/duai who currently resides at 25 E. Louther Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant, Thomas E. Clement, is un adult individual who currently resides at 2 Moereland Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania, ] 7065. 3. The Plaintiff and Defendant have been bona fide residents oftbe Commonwealth of Pennsylvania for at least six months immediately prior to the filing ofth/s Complaint. 4. Thc Plaintiffund the Defendant were married on August 15, 1989 in Cook County, Chicago, ]L. 5. There have been no prior actions of divorce or for annulment between the part/es. 6. The Pluintiffbas been advised that counseling is available and that the Plaintiff may have the right to request that the court require thc parties to participate in counseling. 7. There are no dependent children from this marriage. 8. This a~tion is not collusive. CouRt ll-Alimony~ Alimony Pendente Lite 9. The prior paragraphs of this Complaint am incorporated herein by reference thereto. 10. Pleiraiff lacks the sufficient property and resources to p~-o~de for her reasonable means. 11. Pleintiffrequires reasonable support to adequately mainluin berself in accordance with the slandard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite and alimony until final hearing and thereafter. Connt m- Eqnit~ble Distribntion of M~rit~l Property Pursuant to ~3S02 of the Divorce Code 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. While no seltlement has been reached as of the date of the filing of this Compleint, Plaintiff is and has always been w~lling to negotiate a fuir and reasonable settlement of all matters w~th Defendant to the extent that a written Settlement Al~'ment might be entered into between the parties prior to the time of bearing on this Divoree Complaint, PlaJntiffdesires llmt such written AIp~eement be approved by the Court and incorporated~ but not merged, in ~ Divoree Decree which might be entered dissolving the marriage between the parties. 14. Pla~ntiffand Defendant are the owner~ of various items of real and personal property, furniture and household furnishings acquired during their marriage which are subject to equiteble distribution by this court. 15. Plaintiff and Defendant are the owners of various moior vehicles, bank accounts, inveslrnents, insurance policies and retirement benefits acquired during their marriage which are subject to equitable dislribution by this court. WHEREFORE, Plaintiffrequests the Court to enter a Decree: A. Dissolving the marriage between Plaintiffand Defendant; B. Equitably disuibuting all properly owned by thc parties hereto; C. In thc event that a wriRan Separation Agreemer~ is reached between the parties hereto prior to the time oftbe hearing on this Complaint, Pla/ntiff respectfully requests that pursuant to the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree. D. For such further relief as the Court may determine equitable and just. RESPECTFULLY SUBMITTED: Jo~B~. Cos~opoulos, E~luire COSTOPOULOS & WELCH 1400 North Second Street Harrisburg, Pennsylvania 17102 PA Supreme Court ID No. 68735 ~'/ ~'/(Jl Telephone: (717)221-0900 Dated: [ Fax: (717) 221-0904 ATTORNEY FOR PLAINTIFF WON-NE D. ~, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. THOMAS E. CLEMENT, : CIVIL ACTION - LAW Defendant : DIVORCE VERIFICATION I, Yvonne D. Clement, hereby verify that th~ statements made in the foregoing Divorce Complaint are t~ue and correct. I understand that false statements herein a./e made subject to the penalties of 18 P~ C.S. ~4904, relating to unsworn falsification to authorities. Date: ~ Signature: J_~L~lf'd't~ ~ O_~)Yl'tl~rt~t- ( Y~enne D. Clem-ent ' YVONNE D. C[.~MF2qT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : No. 01-2974 CIVIL TERM THOMAS E. CLEMENT, : CIVIL ACTION - LAW Defendant : DIVORCE AFFll)AVIT OF SERVICE TO THE PROTHONOTARY: I, Jeann~ B. Costopoulos, ESCluire~ veri~ that the Complaint in Divorce was served upon the Defendant indicated above on May 26, 2001, by first clas~ Certified Mail No. Z 104 205 697, P P..C.P. §1930.4. Atmm~j for Plaintiff 1400 N. 8~ond H~'rislan~ PA 17102 Phon~: (717) 221-0900 PA $.Ct. ID lqo. 68735 ~"- 1994 "~ PS - I I I I I I Co.~opoulos & Welch 1400 N. End St. Harrisburg, PA 17102 YVONNt/D. CLEMENT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PL~INSYLVANIA : v. : No. 01-2974 CIVIL TF_.RM : THOMAS E. CLF. M]~Vr, : CIVIL ACTION - LAW Defendant : DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3~01(¢) OF THE DIVORCE CODE AND WAIVER OF COUNSELING I. A Complaint in D/vorce under Sect/on 330 i(c) of the Divome Code was filed on May 16, 2001. 2. The marr/a~ of the Pla/nt/ffand Defendant is ineU/evably broken and n/nety days have elapsed from the date of the filin~ and scrv/ce office Compla/nt 3. I consent to thc envy of a final decree of d/vorce after serv/ce of notice of/ntenfion to request enuy of thc decree. 4. I verif~ fl~at the statemerds made in this Affidavit are ime and corrcct Iunders~ndthaI false slaIemenis ~ are made subjcci to lhe penallies of 1 $ Pa.C.S. ~4904 relat~ to uaswom falsification ~o authorities. YVONNE D. CLEMENT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, ?ENNSYLVANIA : v. : No. 01-2974 CIVIL ~ : THOMAS E. CLEMENT, : CIVIL ACTION - LAW Defendant : DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3~01(c) OF ~ DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 16, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service or,he Compla/nt 3. I consent to the en~ of a final decree of divorce after service ofnofice ofintention to request onW of the dmree. 4. I vefify that the siatemeras made in this Affidavit are true and correct I~dthat false s~alements herein are made subject ~o the penalties of ! 8 P&C.S. §4904 relating to unswom falsification to authorities. Date: ~.'-~ O-"~n~.-~C~c~ ~. Signature.'~ ~.f~,/5 Thom~* E. Clement YVONNE D. CLEMENT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 01-2974 CIVIL TERM : THOMAS E. CLEMENT, : CIVIL ACTION - LAW Defendant : DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(¢) OF TNIC. DIVORCE CO~ 1. I consent to the enuy of a final decree of divorce without not/ce. 2. I understand that I may lose r//ht~ concem/~ *limony, d/v/sion of property, lawyer's fees, or expenses ifI do not chim them before a divorce is IFantecL 3. I undem~md fl~at I w/Il not be d/vorced unt/I a divorce de~ree/s entered by the Court and flmt a cow of the decree will be sent m rne immed~ately afler it is filed with the 4. I vefif~ that the statements made in this Afl~davi! are Irue and correct I understand that false statemen~ her~in are made subject to the penalties of 18 Pa.C.$. §4904 relafin~ to unswom falsificafioo to authodt/es. Da~ed: ~ Signature~ ( Yv6nne D. Clement YVONNE D. CLEMENT, : 1~ THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : No. 01-2974 CIVIL TERM : THOMAS E. CLEMENT, : CIVIL ACTION - LAW D~f~ndant : DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(e) OF THE DIVORCE CODE 1. I consent to ~e en~ of a final degree of divorce without nolice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is gnmted. 3. I undevaand thai I will not be divorced until a divorce dec~ree is enim~ by the Court and that a copy oflhe decree will be sent ~o me immediaIely after it is filed with Prothonota~. 4. I verify that the smi~rn~ made in fids Affidavit are Irue and correct. I und~sland thai false siatemems herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to Dated:c-~ ~ ~a'e- 2.~0~. Signature: ~ ~ ' ~ Thomas E. Clement YVONNE D. C~.~MENT, : IN THE COURT OF COMMON PLEAS Plaintiff : .CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 01-2974 CIVIL TERM : THOMAS E. CrJ~MENT, : CIVIL ACTION - LAW Defendant : DIVORCE PRAECIPE TO TRANSMIT RECORD To~e~ Please tnmsmit the record, ~ with the following inforrantion, to the Court fe~ entry of a divorce deo~: 1. Ground for Divorce: lxrelrievnblebrenkdownund~r§3301(o)oftheDivorceCod~ 2. DateandMannurofserviceoftheComplaint Service by certified mail no. Z104208 697 on May 26, 2001. See n-n~hed Affidavit of Service. 3. Date of execution of the A~davit of Consent requi~d by §3301(¢) of the Divorce Code: by the Plnintiff~ July 3, 2002 (filed 7/9/02); by the Defendnn~ June 24, 2002 (filed ?r~o~). 4. Relaled claims pendin~ No~e~ Please inco~orate ns+~hed Property Settlement 5. Dale PlaintifF's Wniver of Notice in §3301(c) divorce was filed with the prothonotary: filed simultnneously with thi_~ Pmecipe to Transmit Record. ~ Defendant's Wnive~ of Notice in §3301(c) divorce was filed with the pmtho~. P. esp~t~lly Submit~d: ^tton~ f~ Plaintiff 1400 N. 8~:ond Smut I-tn~bu~ PA 17102 Pho~: (717) 221-0900 P^ S.Ct. ID No. 68T~5 MARITAL SETTLEMENT AGRE~NT BY AND BETWEEN YVONNE D. CLEMENT AND THOMAS E. CLEMENT Jeam~,~ B. Co~topoulo~, Esquire COSTOPOULOS & WELCH 1400 North Second Street l-lani~,g. PA 17102 Telephone: (717) 22]-0900 Cou~el for Yvonno D. Clerae~t 'l'ill~ AG~E~NT is ~e t~s ~ ~ ~ ~y of ._~7 ,2~2, ~ ~d / ~ ~O~ D. C~ ~d ~O~ E. C~: W~SETB: WHE~AS, ~e ~ Th~ E. Cl~t (~ ~ ~ ~ "~-) ~ Yvo~e D. ~ (h~ ~ to u "W~*) m hu~ ~ ~ ~ ~ ~y m~ on ~ 15, 1989 h C~o, I~nois. WHE~ t~ ~ ~o ~ d~s ~li~ ~ ~d ~ t~r ~ fl.~ci~ ~u~ ~ th~ ~ m ~ o~p ~ ~ ~ ~, the ~n ~ ~t~ ~h~ or ~n~ thgr ~ e~. NOW, -s'~, ~ ~d~on ofrh~ ~ ~ oft~ ~g p~ ~s ~ ~ ~ ~ ~ ~ for ~ 8o~ ~d ~le ~n~io~ ~ ~ ~ I. ~ ~ ~ ~wl~ th~ be or ~e ~ ~ ~d~ ~le opp~W to ~ ~ le~ ~ ~m ~n~ offs ~ h~ ~i~ ~d ~at ~ ~ly ~s ~ ~s ~ ~y ~s ~s or ~ I~ d~s ~ ob~on~ ~d ~h ~ ~o~ ~ ~s ~ ~s ~ i~ in ~ ~m~ ~ ~d ~l~ ~d ~t is ~ ~ ~o ~y ~ ~lu~ ~d ~ the ~on ~s ~ is n~ ~ ~lt oF~ d~ or ~ue ~u~, ~ ~ it is nm ~e ~lt ~y ~ ~ ~e~ ~r or ~. ~ ~ C~, w~ the ~ ~ rbe ~ ~ duW ~ d~ ~ ~ ~ts o~the ~s ~ ~8 ~UY ~ of~ or b~ ~s ~, ~ ~ ~o ~ d~s ro ~e ~s Agrnemont, acknowled~in~ that the tenn~ and condition~ ~ forth herein are f~ir. just and equitable to each of the I~U'tise. and w~ive~ hi~ und her respective ri~ht to have th~ Court of Common Ple~ of Cumberland County, or any other court of compatont jurisdiction, nuke ;my de~o..:untion or order ~ the ~cfive parties' rif~hts to alimony, alimony uandente ~ support and maintenance, equitabla distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledgno that he or she is aware of his or her ~8ht to seek discovery, includin~ but not limited to, written interroptories, motions for production of dooxmants, the telcin8 oforel depositions, the filing o£inveotories, and all other means of diseove~ permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civli Procedure. Each of the parties further ackonwled~es that he or she understands the concept of ma~tal propaty under Pennsylvania law and each is aware or'his or her right to have the real nd/or personal property, estate and assets, earnings and income of'the other assessed or evaluated by the courts ofthis Commonwealth or any other court of competeot jurisdiction. The parties do hereby acknowledge that there has been fldl and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the exme of one party alone. Each pafly nsrnes that any riffht to fiu'ther disclosure, veluntion, anumaation or statement hereof'in this A~reement is hereby specifically waived, and the parties do not wish to make or append hereto any further eflumarst~on or statement. The paflies hereby acknowledgn end asFne that the division of assets as set forth in this Afg'eemont is fidr, reasonable and equitable, and is sufisfitctosy to them. Each of the parties hereto further coveuants and agrees ~r himself and herself'and his or her hel~ executors, administrators or assigns in any action of cooteflfion, direct or indirect, and allegn therein that there was a denial of any rights to fidl disclosure, or that there was any fraud, duress, undue influence or that there was a ~lure to have available fidi, proper and independent representation by legal counsel. ~ Husband and Wi~e may, at ali times heresfler, live separate and apart. Each shall he flee fi'om ell control, restraint, inter~-rence and authority, direct or indirect, by the other. Eanh may reside at such pinea or places as he or she may select. Eachmay, foF his or her separate use or benefit, conduct, earr~j on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wi~ shell not molest, harass, disturb or malisn each other or Initials: '~--~.C,~ 2 lflitinls: ~ the respective familias ofench other, nor compel or attempt to compel the other to cohabit or dwe,]l by any means or in any mermer whatsoever with him or her. Neither party will interfere with the use, ownership, ~joymant or disposition oflmy prope~'y now owned by or hereina~er acquired by the other. 4, MTTTU&L CONS~.NT DIVOI~('~. It is the im~ntion of the pardea, and the pattias ngme, that by this Asrcement they have resolved all ancilhuy economic issues related to separation and foture divorce and that any divorce action with respect to these parties shall be limited to a claim for divorce ouly. The partice anlmowledBethat Wife has filed a Complaint in Divorcein the Court of Common Pleas of Oonhedand County, Pennsylvania, docketed at 01-2974 Civil. The parties ngren that upon the expiration of the ninety (90) day waiting period provided for under Sec'don 3301(c) of the Divorce Code, each will promptly siBn an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Enuy of Divorce Decree and deliver same to counsel for Wife, who shah promptly submit said affidavits and waivers to the court along with a Prascipe to Transmit Record and any and all other documents necessary to precipitate the prompt entry of a divorce decree. S. EOUITASLE DIST~mUTION. (a) ~ The parties acknowiedge thet they are the ovate~ of that certain house and lot and ail impmvemants thereupon situated at 2 Mooreland Avenue, Mount Holly Springs, Pennsylvania 17065 (hereinaRer referred to as the "Marital Residence"). The (1) The parties agree that they wish to sefl the marital residence and split the proceeds equally aRer paying offail costs, expenses and liabilities associated with or attn'butable to the Marital Reaidence, rngardlass of when such cost or liability arose, including, but not limited to, the existing mortgnge, taxes, insurance premiums, utilities, maintenance and ~-pairs. The pa~tiea each ngran to cooperate fidly with any realtor or other pm'ty involved with the 9ale of the Marital Residence. The parties further aBren to fully cooperate with each other regarding equal division of the proceeds of the sale to each other. (2) At the time of sale of the Marital Rasidence, Husband and Wife shall cooperate fully with the execution and deliverance of an appropriate deed, conveying to the Buyer) all of the parties' right, title, cialm and inmmt in the Mari~ Residence. Commencing on the execution date ofthis Ag~nent, any and all hon,,~own~ policies, title policies, and any other polk~ ofinsur~mce with req~t to the Marital Rasidsoce shall be deemed to be endomed to reflect both parties as equal owners theranfand each, therefore, shall be entitled to receive eqtm] portions cfi' any payments now or hereaRer due under any such insurance policy. (b) ~l~1~$U~Ll~19~. The I~rtias ngree that they have divided by a~'eemont between themselves =ti furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jeweby, mss, carpo~ household appliances and equipment. Any personalty or furnishings now located in Wife's current residence as of the execution date of this Agreement shall be and remain Wife's sole and separate property, floe of any and all right, title, dalm or interest of Husband. Any personalty or furnishings now located in Husband's currem ~sidence u of the execution date of this As'cement shall be and remain Husband's sole and separate propen'y, free of any and all right, title, claim or interest Of W'Ee. (c) ~ Husband n~ree~ that W'Ee shali retein possessinn of and n~ceive as her sole and separate properly the 1998 Toyota Camry as well as any vehicle(s) curremly titled in Wife's name, along with all rights under any insurance policies thereon and with all raspomibility for payment of any outstanding indebtedness pert~ thereto and insurance thereon, flee of'any and all fight, title, cialm or interest ofHushand. W'Ee shah indenu~ and hold Husband and his property harmless from any and all liability, cost or expense, includin~ actual attorneys fees, inoured in connection with said vehicle(s). WEe a~rees that Huslamd shall r~uin possession of and receive as his sole and separate property the 1998 Toyota 4-mnnc~ as well as any vchinle(s) cumnrdy titled in Husband's name, along with all rights under any insurance policies thereon sad with all responsibility for payment of'any outstanding indebtedness pertaining thereto and insurance thereon, free ofany and all right, title, claim or interest of Wifu. Husband shall indemnify and hold Wife and her property hmulass from any and all liability, oust or expense, including actual attorneys fees, incurred in connection with said vehicle(s). waives any and aH right, title, claim or interest that he or she may have in and to any ~ Mi policies ofinsuran~ owned by or insurin~ the life of tim other, includin~ cash surrende~ value, if troy, lind al~o sp~ifir, ally to inr.~de a wnivel' oflmy beneficiary desi~nntlon thereunder. (I) Pension and Retir~n~,~t ~11~,,11~, Wife and Husband each herel~ specifically rel~ses and waives shy and all right, title, claim or interest that he or she may have in and ~o any and nil retirement benefits (includin~ but not limited to pension or profit sharin8 benefits, deterred ~ompensation plans, 401(k) plans, e~nploye~ savinss and thfiR plans, individunl retireraent accounts or other similar bem~ts) of'the other party, specifically to include a waiver of any spousal annuity bene~.s and/or bene~cimy designafious fl~'eunder. The parties a~ree that they shall execute any documents pumumt to the Retirement Equity Act or any similar act that may be required fi'om time to time to accomplish the purposes of this subparagraph. Cash Aeeoun~a. ~toelm and (l) W'~e asrees that Husband shall retain as his sole and sepnrate property, fi~e fi~m any and all risht, rifle, claim or interest of'W'~-e~ shy and all stocks, bouds, inves~nents, sums of cash in savinss or checking accounts, mutual Funds, stock accounts, or any other assets ot'a s'unilar nature which now are tiffed in Husb~d'$ name nlo~. (2) Husl~md asrees that W'tFe shall re~ain as her sole and sepm~te prolm~, fi, ce ~rom ~ny and all risht, rifle, claim or inte~st of'Husband, any and all stocks, bond~, investments, sums o£cash in savings or checkin~ accounts, mutual funds, stock accounts, or shy other assets oFa similar nature which now are titled in Wi~s name nlone. (3) Both Im~es ~ that neither shall access the otlm's fimmeinl accounts in any mannm-, whether electro~cally or by other means. Ail joint ~n~cial accounts have been closed and the proceeds divided betwmm the parties. Further, each party warrants and ~prese~ts that all joint credit accounts have been closed and the balances on those accomus paid in gull. Each psrty warrnnts snd represents that he and she hsve p~id in fidl ~ obfi~atJons on joim credit accounts for which the ot~' psr~ was liable. (b) ~ As of the execo~ion cl~e of t~is Asz~mmt, any end all property not spec~ addressed herein shall be owned by the part~ to whom the prope~y is tiffed; and if untitled, the party in possession. This A~rcement shall constitute a sufficient bill of sale to evidcoce the transfer ofeny and all rishts in such property from each to the other. (i) ~ The parties agree that Wife shall own, posasas, and enjoy, free from any chiim of Hushend, the property ~marded to her by the te~ns of this A~resmcor Husband hereby quitclaims, assigns end conveys to WEe all such prope~y, and waives and relinquishes eny and all rights thereto, to~ather with any insurance policies onverin8 that property, and any escrow accounts rciatin8 to that pmpon'y. This Agreement shall constitute a sufficient bill of sale to evidence the transfer ofeny and all rights in such property from Hushend to Wife. 0) ~Z~ The parties a~ree that Husband shall own, possess, and esi°Y, frce from enY cinim of W'Ee, the property awarded to him by the te~ms of this Agreement. WEe hereby quitclaims, assigns and conveys to Husband all such propen'y, end waives and relinquishes any and all rights thereto, together with any insurance policies coverin~ that property, and any escrow accounts relatln8 to that I~q~Y. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rishts in such propesty from WEe to Husband. (k) Aseumnfion (1) Commencin8 on the execution date of this A~'esment, Husband shall he sulcly responsible for eny and all ilabilit~es he has incurred at any time solciy in bis (2) Commencln~ on the execution date of this Agreement, Wife shall he solely responsible for any and all liabilities she has incem~i at eny time solely in her (3) Unless otherwise provided he~ each party hereby assumes the debts, encurnbrencas, taxes end liens on all the property each will hold subsequent to the effective date of this Agreement. F,a~h party ~rces to indemnify and hold lmrmless the other party and his or her prol~rty fi.om any chiim or Uability that the other pa~ will suffer or may be required to pay because oftbe debts, eflcumbrances or lians assomed by the other pursuant to this Asreemmt. (I) ~, Each party ~sants and wsrnmts to the other that he or she has not incurred any debt, obliBat~on or other li~, other than those described in this ASreemant, on which the other party is or may be liable. A liability not disclosed in this ABreement will be the sole responsibility of'tbe party who has incurred or may bermdter incur it, and such party aSreas to pay it as the same dudl become due, and to indemni~/and hold the othe~ pasty and his or her property harmless fi.om any and ail such debts, obliBatiuns and liabilit]as. (m) ~ ~ any cJaim, actiun or proceedins; is herea~er initisted saekinS to hold WiFe liable ~or the debts or obliptions assumed by Husbend under this Asreemen~ Husband will, at his sole expense, de~efld WJ~e aBainst any such claim, action or proceedin8, whether or not wnil-~mmded, and indenmi~ her and her property' asainst any damaSes or loss resoltinS therefi~)m, incluclin8, but not limited to, costs oFcourt and reasonable attorn~ t'ees aetuaily incurred by W~ in cuuneotiun thesm,;ith. (n) hdemnifltalhn ~R'n;hend ~'a~l~ Chiinl, aCt~oz] OT pf'OC~ iS hereB~er initiated sedcin8 to hold Husband liable For the debts or obliBations assumed by WiFe under this ABreement, Wi~e will, at her sole e=pense* de,nd Husband aBninst any such claim, action or pro~ whether or not well-fixmded, and indem~ him and his property *?;-~st any damasas or loss rasultin8 thc-e; urn, inoludin8, but not limited to, costs ot~court arid reasonable attorney ~es actually incurred by Husbend in connection therewith. (O) Warranty ~e to Futuq ~hiboei~.. Husbend and V~LFe each represcflts and wammts to the other that he or che will not any time in the t~uture incor or contrant any dabt, cberSe or liability ~r which the other, the otbe~'s lepl reps~sefltatives, property or estate may be mspunsJble. From the date o~'execut~un o~this Asreemant, each pm'ty slm]l use only those credit cards and accounts ~or which that parly is individually liable. Each petty hereby asrees to indemni~/, save and hold the other and his or her ~ bermlass fi.om ~ lisbliity, loss, cost or tnitinis: '~'-'~ (-'~ 7 Initials: e~pense whatsoever, including reasonable attorney ~ acttmlly incurred in the evm~t of'breach hereo£ &, ~.d~O~,_~F~. Husband and W~ heresy expressly waive, discharse and ~rom the par~es' status as Imslmnd and wife. The pm'ties fi~rther release and waive any rights they may have to seek modification of'the terms of this ~ in a court or'law or equity, it bain8 understood that the ~)resoin~ con~tutes a final determination ~or all time or'either partes oblisation to contribute to the support and maintenance or'the other. ?. COUNSEL F~-q- COSTS AND EXPEN~q~.q Each part7 shall be solely responsible ~or his or her own leBal ~ees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriase, and the preparation and execution of'this ASreement. S. WAIVER OF I]~m~.~rI'ANCE ]~l~t~T,~, Un]ess othe~vise spec~cafly provided in th~s Asreement. as of'the executlon date of'this Asreement, Husband and Wife each waives all ~shts of' inharitance in the estate of'the other, any fisht to elact to take asainst the witl or any trust of ~ o~ ~ ~ which the other hu an inte~-st, and each of'the parties waives any additional ~hts which said party bas or may have by reason ot'their mar~, except the riBhts saved or created by the temu or'this ABreement. This wa]ve~ sludl be construed 8eneral]y and shah include, but not be timited to, a waive~ ot'all fiBhts provided under the laws or'Pennsylvania, or any other jurisdiction, and shall include all ~shts unde~ the Pennsylvania Divorce Code. 9. WAIVER OF BENEFlt"3,t=y DESIGNATION_ Unless other-wise speci~caJ]y set F:orth in rids ABreement, each party hereto spec~cal]y waives any and ~11 bena~cimy riBhts and ~ ~ Mi ~hts as a survivin8 spouse in and to any .___~__, Im~it or like pro~ram carryin~ a bendicim~ designation which belonss to the otlm. party unde~ the terms of'this A~eeme~, inc~ but not limited to, pensions and retirement plans of'any sort or nature, de.fl'ed ~ompe~_t_;on phn=. life insurance pollcjes, annuities. stock accounts, bank accounts, final pay checks or any other post-death distribution shame, and each pray expressly states that it is his and her intention to revoke by the roms or'this Asreement any bendiclm7 desisnations namin8 the other which are in effect as ot'~.e date of execution of'this Asreeme~t. If'and in the evem the other party continues to be muned as bene~cimy and no altwnate beneficimy is otherwise designated, the bene~my shall be deemed to be the estate of the d_,~e__~_sed party. ~o. ~ (a) Wife and Husband acknowledge and a~ree that the prope~y dispositions provided for herein constitute an equitable dis~bution of their assets and liabilities pumatnt to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division ofthei~ property except as provided for in this Asreement. Furthermore, except as otherwise provided for in this Asreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she nmy have in property Wansf~nxed to the other party pursuant to this Agreement or identified in this ABreement as belonging to the other party, and each patty aBrees nev~ to assert any claim to said prope~y or proceeds in the future. However, neither party is released or discharsed from any obligation unde~ this Agreement or any instrument or document executed pursuant to this Agreement. Husband and W'~ shall hereafter own and enjoy indep~ of any clnJm or right of the other, all items of personal property, tangible or int~ble, acquired by him or her f~om the execution date of this Asreement with ~11 power in him or her to dispose of the same fidly and effectively for all pmgoses. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other f~r all purposes from any and all rights and obligations which either party nmy have or nt any time hereaRer has for past, present or future support or nmintenance, alimony nendente ~ alimony, equitable distribution, counsel fees, costs, expenses, and any othe~ risltt or obligation, economic or otherwise, whether arising out of the marital relationship or othenvise, includin8 ~ rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jutisdiction, except and only except all rights and oblinations arising under this Agreemeat or for the breach of any of its provisions. Neither party shall have any obli~tion to the other not expressly set forth herein. Initials: '~"t~ C.,' 9 Initials: (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assiSns, propa~y and estate from any and all riBhts, claims, daoumds or obligations asising out of or by virtue of the mat~ relationship of the parties whathe~ now existing claims arise out of any former or future acts, contrant~, ~,a~m~ttz or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or sJmlhlr allowance, or under the intestate laws or the right to take against the spouse's will, or the tight t~ treat a lifetime conveyance by the other as testamantary or all other tights ora surviving spouse to participate in a deceased spouse*s es~ whether arising under the laws of Panasylvania, any state, commonwmdth or te~itory of the United States, or (d) Except for the obligations of the parties comained in this Asreement and such tights as are expressly reserved herein, each party #yes ~o the other by the execution of this ABreement an absolute and unconditionni release and discheq~ from all causes of action, cinims, tiBhts or demands whatsoever in law or in equity, which either party ever had or now has %o~nst the other. 1 !. PIt~SERVATION OF i~C~_~-o Each party will keep and preserve for a pedod of four (4) years fi'ora the date of thcir divorce decree all financial records relating to the marital estate, and each party will allow the other party ancess to those records in the evant of tax andits. 12. ~QP-I~A.']~. No modification, rescission, or amendment to this Agreement shall he effective unless in writing silpled by each of the parties heretu' 13. ~ IFnither Party to this Agreewneat resorts to a lawsuit or other ingal action purmmnt to the provisions of the Divorce Code or otiose to enforce the provisions of this ABr~ the prevailing party shall he entitled to recover his or her reasonable out of pocket expenses, including bet not limited to reasonable counsel fees, actually incurred, from the other as a part ofthejudsment entered in such, as the same shall be determined by the Court, unless the Com't determines that the action was reasonable instituted and de~'anded, and, irt that event, the parties shall bear their own expenses and attorney fees. Provided, however, that neithe~ party ~h,Jt be liable t'or the other pm'ties' expenses incurred in any child custody or child support action instituted to change the parties' respective rights and obliBations with respect to child custody or child support as specifically set forth in this Agreement. 14. ~ The waiver by one pan, y of any bre~tch o~.this Asre~nent by the other party will not be deemed a waive~ of any other breach or any provision of this ABreement. 15. NO~CE. Any notice to be ~iven under this Asreement by elther party to the other shal1 be in wfitin~ and may be effected by certified mail, tatum receipt requested, or alternatively may be effected by regular mail to the party's at~nley of record.. 16. ~P,~,~m~L~. All acts contemplated by this ABreement shall be construed and enforced under the substantive laws or'thc Commonwealth or'Pennsylvania (without relpud to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Asreement. 17. ~.~. The 'date of execution# or "execution date" or'this Asreement shall be defined as the date upon which the parties siBned the ABreement tfthey do so on the same date, or if not on the mmic date, then the date on which the ABreement was si~ned by the last party to execute this Asreement. 18. ~ This Asreement shall become eft~ective and binding upon both parties on the execution date. 19. Elfin, CT OIr RECONC~,WATION. COHABITATION OR DIVORt'~. This reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Asreement also shall continue in full force and effect in the event ofthe parties' divorce. There shall be no motUfication or waiver of any of the terms hereof unless the pan'les in writin8 execute a statmnent declarin8 this ABreement or any term of this Asreement to be null and void. 20. HEADINGS NOT PART O1~ ,~*~zr.M~NT. Any headinBs preceding the text of the sevend paragraphs and subparasraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this A~ nor slufll they atT*eot its meani~ construction or effect. 21. AGREEMENT BINDING ON PARTIES AND RF. Iu.q~ This Agreement slM] bind the psrtins hero nd their respective heirs, executors, administrators, lepl representatives, assisns, nd su~esanrs in any interest oftha pmies. 22. ~a~t ~[~[~ F, ach pray achnowiedges that he or ah~ has cawofully resd this Agreement, inc]udin8 any and all other dooaments to widch it refer, such other documents being incorporated herein by reference; that he or ah-. has Imm affi~rded ample oppommity to discuss its provisions with an attorney of his or her own choice, and has executed it volumsrily; and that this instrument expresses the andre ssreemant betwem the pmies concerning the subjects it purports to cover and supermies any and all prior asreemanu between the parties. This Asreement should he interpreted fairly and simply, and not strictly for or aS~nst althar of the parties. 23. MUTUAL COOPERATION. F-ach pray shall, on demand, execute and deriver to the other any deeds, bills of sale, essisnments, cop..~nts to ch~,~ of heneficinty desisantlons, tax returns, and other docomeats, and ahall do or canse to he done every other aot or thing that may he necessmy or desirable to e~-toate the pmv~sions and puq~oses of this Asreement. [falt~' party unreasonably fails on demand to comply with these provi~ons, that party shall pay to the other pray ~ ressonabl'' attorney fees, costs, and other expanses actualJy incurred as a result of such failure. 24. ENFORCEMENT RIGBTS. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, u amended, and in addition, shall retain any remedies in law or in equity under this Asreemem as an independent co~t~-t. Such rmp. edies in law or equity are specifically not waived or released. IN WITNESS WII~REOF, the parties he, to set thalr hands and seals on thc dates of'their aclmowledsments. TI"IOM~$ E. ~ ~ ./ COMMONWEALTH OF PENNSYLVANIA BEFORE ME, the undersigned authority, on this day personally appeared THO~VlAS E. CI.P. MENT, known to me to be the person who executed th~ foregoing instrument, and who acknowled~d to mo that he executed some for the purposes and considerstions thm'~n expre, sBed. ~ ,2002. 0 Nomria] Sen Betty R. Standridse Nota~, Publ c Carlisle Bom, Cumb~dlmd County m~on exptr~s: InitisJs: '~-/ 13 ]nitilds: ~ STATE OF MXCI-HGAN ) ) county OF C. ) BEFORE ME, the undersi~ed authority, on thin day pe~onn{ly appeared YVONNE D. CLEMENT, known to me to be the person who executed the ibregoin8 instrument, mhd who acknowledged to me that she executed same for the proposes and ~omMerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this {~-/~' day of /J~1~,44 _ ,2002. N~tai7 Public J~ and State ofJIJddOi .~11;,~ Typed or printed name of'Nota~: ~ commission expires: [ ' Ln?wJALSEAL ] NOTAlty pUBLiC 9TAT~ O~ n ~ _~__ ] Initials: "~'~ ]4 Initials: ~:~ INTHE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATe OF ~*i PENNA. N O. O ~ VERSUS THOMAS E. CLEMENT DECREE IN DIVORCE AND NOW,,~ 30 , ~ool- , it is ORDeReD AND DecReeD THAT YVONNE D. CLEMENT , PLAINTIFF, AND THOMAS E. CLEMENT , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT ReTAINS JURISDICTION Of THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. It is further Ordared, Adjudged, and Decreed, that the terms, provisions and conditions of a certain 2002, and attached hereto, are incorporated in this Decree in Divorce by reference aB thouqh fu11¥ Bet forth herein at lenath.