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HomeMy WebLinkAbout04-6448 CANDACE J. CLARK, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 2004- lottl{f CIVIL TERM JAYF. CLARK, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of marriage, you must request marriage counseling. A list of marriage counselors is avail- able in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLffiLE, PENNSY~:~ MAX J. SMITH, JR:., Esquire JARAD W. HANDELMAN, Esquire Attorney for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 CANDACE J. CLARK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2004- ~44r CIVIL TERM JAYF. CLARK, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, CANDACE J. CLARK, by her attorney, MAX 1. SMITH, JR., Esquire, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more fully set forth: 1. The Plaintiff, CANDACE J. CLARK, is an adult individual and citizen of the United States of America, whose address is 1315 English Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, JAY F. CLARK, is an adult individual and citizen of the United States of America, whose address is 2159 Bordeaux Court, Harrisburg, Dauphin County, Penn- sylvania 17112. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing ofthis Complaint. 4. Plaintiff and Defendant were married on or about March 4, 1978 in Lakeland, Florida. 5. Plaintiff avers that there are no children of the parties under the age of 18. 6. Neither Plaintiff nor Defendant is a member of the United States Armed Services. 7. Plaintiff and Defendant have both been advised of the availability of marital counseling and that each may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff avers that there has been no prior action for divorce or annulment of the marriage filed by either party in this or any other jurisdiction. 9. Plaintiff avers that the marriage is irretrievably broken. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT II - EQUlT ABLE DISTRIBUTION 10. Paragraphs one (1) through nine (9) are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property". 12. Plaintiff and Defendant may have owned prior to the marriage property, both real and personal, which property 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 is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint. WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. COUNT III - ALIMONY 14. Paragraphs one (1) through thirteen (13) 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 adequately support herself through appropriate employment. 16. Plaintiff requests reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests the Court to enter an award of reasonable temporary alimony and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter. COUNT IV - ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES 17. Paragraphs one (1) through sixteen (16) are incorporated herein by reference as though set forth in full. 18. Plaintiff is without adequate funds to pay the costs and expenses of this litigation, and is, likewise, without funds to maintain herself during the pendency of this litigation. WHEREFORE, Plaintiff requests the Court to enter an Order requiring Defendant to pay Plaintiff alimony pendente lite, counsel fees and expenses of the litigation. Respectfully submitted, Date: December tL-- , 2004 rb,gu:; MAX 1. SMITH, ;"(j Esqurre J.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 I verify that the statements made in this Complaint 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. c~~7'~) ~ 7[\ ~ D -v ~ E r ~ 6' ~ D 0 ~ . ~ 0 ~ c;. () D f (Vw r- ::p,~ ~~ r---.. 2? :7"~ ~~~ '" .-1 f' ";J _. . ~ I",.' \ ,"i'I_1 () ., It.,; r"'",' . r....) I" (".') l':. 1 ::,""l .. );": : ' . 111 _.- I .. I : :-', :1 ( I,) : ~l -< C_" CANDACE J. CLARK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2004-6448 CIVIL TERM JAY F. CLARK, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 7th day of January, 2005, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, certified mail #7003 2260 000565529152 at Hershey, Pennsylvania, addressed to: Jay F. Clark 2159 Bordeaux Court Harrisburg,PA 17112 Mailing and return receipt cards attached hereto. an0~~oo, I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ru LI'1 rl II"' U.S. Postal Service" CERTIFIED MAILM RECEIPT (DomestIc Mall Only; No Insurance Coverage Provided) FFICIAL USE .bO :;.30 /.7S- 3.m $ ~.J S- fT'l ~ lIhiI;~.....~<1'r.J::,-.-.~ _.f. .---------7/------------ ~s:_~,iLs:j-.--6.a-tsl~..L{.lc..u.tJ-d:---- , '.~ /7/1 ru LI'1 LI'1 Jlrf_S LI'1S. ~_ g I" o~~ 0___ JI(............._I ru ru Total Postage a. Fees . . .- / 7 Hen> " 4' \ .2005/ ~ 7003 2260 0005 bSS2 9152 . Complete Items 1. 2, and 3. Also complate 118m 4 if Aestrictad DeUvery is desired. . Print your name and address on the reverse 80 that we can return the can:! to you. . Attach this card to the back of the mailpieca, or on the front W spaca permits. 1. Article Addressed to: ~~~. ClarL' ~J ~9 BordeouJ), /lMr Hzn-r'I':> b lA Z9' I P ft >t'1) II ;}- 2. ArIlcle Number O()3 (TIomWlhlm - W*) ') P$ Fonn 3811 , February 2tlO4 3. .s,rvwe Type JII'Cer1llIe<I Mall [J ExprMs Mall [J Regls!enId jlI.ReIum Receipt tor M_ [J Insured Mall [J C.O.D. 4. Roalricted DeIlv9rI1 (Extra Ffi) .)iLt.. 9/0',< ,).;(100 OOt)S' {ps:r;; DomNIlc ReIum _pi 102595-02-M.1540 ~,: c.) -(,1 N I\.J r".~ .~ -1'" i'h "';". C') -/-\ MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this2b ~ day of -.fjp (tL , 2006, by and between JAY F. CLARK, 2159 Bordeaux Court, Harrisburg, Dauphin County, Pennsylvania (hereinafter referred to as "Husband"), and CANDACE J. CLARK, 1315 English Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on March 4,1978 in Lakeland, Florida. WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Debra D. Cantor, Esquire, of McNees Wallace & Nurick LLC, for Husband, and Max J. Smith, Jr., Esquire of James, Smith, Dietterick & Connelly, LLP, for Wife. Each party acknowledges that he or she has received 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, in 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 execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. -2- 2. DISCLOSURE OF ASSETS. 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 or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed 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 court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. 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. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. Each party retains the right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and liabilities, if it is later determined that there has been a failure to disclose, including but not limited to a claim of constructive trust. 3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he -3- or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the cause, which led to or resulted in the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. Wife has filed an action for divorce in Cumberland County, Pennsylvania filed to No. 2004-6448. Said action shall be limited to divorce and neither party may assert any ancillary economic claims otherwise authorized by the Divorce Code, which are specifically waived by the terms of this Agreement. Counsel for Wife shall execute a Praecipe withdrawing all such ancillary claims now pending of record at or prior to the execution of this Agreement. The parties agree that each shall sign and have duly acknowledged an Affidavit of Consent to a divorce and a Waiver of Notice upon execution of this Agreement. Said Affidavits and Waivers shall be promptly transmitted to counsel for Wife who will promptly file a Praecipe to Transmit Record and Vital Statistics form to precipitate the prompt entry of a decree of divorce. -4- 5. EQUITABLE DISTRIBUTION. 5.1. Marital Home. The parties acknowledge that they were the joint owners of that certain house and lot and all improvements thereupon situated at 608 Gale Road, Camp Hill, Cumberland County, Pennsylvania (the "Marital Home). The parties sold the Marital Home on September 15, 2005, which yielded net proceeds of $58,747.81. Approximately $46,600 of the net proceeds from the sale of the Marital Home was used to purchase real property at 2159 Bordeaux Court, Harrisburg, Dauphin County, Pennsylvania ("Husband's Home"), which is titled in Husband's name solely. The remainder of the net proceeds from the sale of the Marital Home was used to satisfy marital obligations. Wife does hereby set over, transfer and assign to Husband any and all of her right, title, claim and interest in and to all or any portion of Husband's Home. Husband agrees to be fully responsible and to indemnify and hold Wife harmless from any and all liability for or encumbering Husband's Home, including, but not limited to any mortgage or home equity loan encumbering Husband's Home. 5.2. Contents of Wife's Residence, Contents of Husband's Residence and Other Personal Propertv. 5.2.1. Husband shall and does hereby set over, transfer and assign to Wife all of his right, title, claim and interest in and to all of the contents of the residence at 1315 English Drive, Mechanicsburg, Cumberland County, Pennsylvania ("Wife's Home"), where Wife currently resides, including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, -5- jewelry, personalty and other items of tangible property of whatever nature currently located in Wife's Home as well as other jewelry and personal property in Wife's possession as of the date of this Agreement. 5.2.2. Wife shall and does hereby set over, transfer and assign to Husband all of her right, title and interest in and to all of the contents of Husband's Home, including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, personalty and other items of tangible property of whatever nature currently located in Husband's Home, as well as other jewelry and personal property in Husband's possession as of the date of this Agreement. 5.3. Marital Assets. The parties acknowledge that they are the owners of the following marital assets: PNC Money Market account # ending 1771 ($360.97); 100 Shares of MLNM common stock ($1,049.89); Marital Interest in Husband's Advanced Fabrication Services, Inc. 401(k) account ($34,108.73). 5.4. Wife shall and does hereby set over, transfer and assign to Husband all of her right, title claim and interest in and to all or any portion of the above- listed assets. Notwithstanding the above, Wife shall be named as the sole beneficiary of Husband's Advanced Fabrication Services, Inc. 401 (k) and shall be assigned Husband's 100 shares of MLNM stock until such time as Husband provides insurance as outlined in Paragraph 7 or completes his payment of alimony as required in Paragraph 6.1. -6- Thereafter, Husband may name any beneficiary he so desires. The assignment is limited to the extent of Husband's obligations under this agreement at the time of his death. Wife's Trust Fund. The parties acknowledge that Wife is the beneficiary of the Jessie S. Darr Trust f/b/o Candice Clark (the "Trust Fund"). Husband does hereby set over, transfer and assign to Wife any and all of his right, title, claim and interest in and to all or any portion of the Trust Fund. 5.5. Husband's Interest in Advanced Fabrication Services, Inc. The parties acknowledge that Husband is a one-fourth (1/4) partner in Advanced Fabrication Services, Inc. Wife does hereby set over, transfer and assign to Husband any and all of her right, title, claim and interest in and to all or any portion of Husband's interest in Advanced Fabrication Services, Inc. Husband agrees to be fully responsible and to indemnify and hold Wife harmless from any and all liability stemming from his interest in Advanced Fabrication Services, Inc., including but not limited to the Chase Auto Finance loan currently encumbering the 2003 H2 Hummer owned by Clark Sales Company. Clark Sales Company is the obligor on said loan Notwithstanding the above, should Husband die prior to the payment of alimony as outlined in Paragraph 6.1, and without the insurance coverage as outlined in paragraph 7, Husband hereby assigns to Wife his accrued commissions from Advanced Fabrication Services as well as his partnership equity in Advanced Fabrication Services. Said assignment is to the extent of the alimony obligation at the time of Husband's death calculated by multiplying $5,000 by the number of months remaining on the obligation -7- In the event Husband has not paid his obligations to Wife and does not have life insurance pursuant to Paragraph 7 and his interest in Advanced Fabrication Services, Inc. is divested whether by sale, transfer, or resignation, Husband shall set aside an amount equal to his obligation to Wife as security. Wife shall be named as the sole beneficiary on said account. 5.6. Motor Vehicles. With respect to the motor vehicles, the parties agree as follows: 5.6.1. 2002 Acura TL. The parties agree that the Acura TL shall hereinafter be the sole and exclusive property of Wife, subject to any and all liens and encumbrances, including but not limited to the American Honda Finance loan currently encumbering the 2002 Acura TL. Wife agrees to be fully responsible and to indemnify and hold Husband harmless from any and all liability for the 2002 Acura TL. 5.6.2. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof as necessary to make any conveyances on a tax-free basis if possible. The said document(s) shall be delivered to the party entitled to receive same pursuant hereto on the execution date. 5.7. Marital Liabilities. The parties acknowledge that marital liability existed in the following accounts: MBNA MasterCard account which was transferred to Chase, an account solely in Husband's name: PNC Bank credit account # ending 0961 which has been transferred to an account solely in Husband's name. ; -8- Direct Loans account transferred to Great Lakes # ending 7889 solely in Husband's name. Husband agrees to be fully responsible and to indemnify and hold Wife harmless from any and all liability for the above-listed obligations. 5.8. Lump Sum Payment to Wife. Beginning in July 2006, Husband shall pay $53,300 to Wife in annual installments of no less than $15,000 per annum. Said payments are for equitable distribution of the marital assets and shall be made no later than July of each year. Wife shall grant a reasonable extension of time if necessary. Should Husband die prior to the payment of these funds, Husband's assignment of his Advanced Fabrication Services 401(k), MLNM stock and earned commissions from Advanced Fabrication Services and American Wood Dryers, Inc. shall apply to those outstanding payments unless Husband has sufficient insurance benefits under Paragraph 7 to pay Wife the balance owed in this Paragraph. 5.9. Propertv of Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 5.10. Propertv of Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of -9- this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 5.11. Assumption of Encumbrances. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all of the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of property to be awarded to the other party warrants that all dues, fees, assessments, mortgages, taxes, insurance payments and the like attendant to such property are Gurrent, or if not current, notice of any arrearage or deficiency has been given to the receiving party prior to the execution of this Agreement. 5.12. Taxes. By this Agreement, the parties have intended to effectuate and equitably divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. Except as may be otherwise expressly provided herein, the division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the division of -10- the marital property and the marital settlement herein contained, each party shall receive each item of property at the tax basis that existed for the item immediately before the execution of this Agreement, and that this Agreement is not intended to affect the tax basis or tax status for the property received by the party. The parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any other source. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. For calendar year 2006 unless otherwise agreed, each party shall report the year 2005 earnings on the assets distributed to them on their respective federal, state and local tax returns for 2006. The parties agree to file a joint tax return in 200S. Husband agrees to be solely responsible for all tax liability in 2005 and to indemnify and hold Wife harmless from such obligation. -11- 5.13. Liabilitv 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, on which the 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 hereafter incur it, and each 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. 5.14. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 5.15. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 5.16. Warrantv as to Future Obliqations. Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she -12- has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts that provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 5.17. Release of Claims. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code. 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 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 except as set forth herein. The parties hereby expressly release and relinquish, each to the other, every claim, demand, right and interest he or she may have in or against the other, or against his or her estate, together with any income or earnings thereon, arising from and during the marriage and of or from any other reason growing out of the marital relationship. However, neither party is -13- released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of execution of this Agreement 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. 6. ALIMONY. 6.1. Monthlv Payments. Commencing January 1, 2006, Husband shall pay Wife alimony in the sum of $5,000 per month. Said alimony payments shall be due by the 151 day of each month. However, Husband's obligation to make such payments shall terminate upon the first to occur of the following events: (a) Wife's death; (b) Wife's remarriage; (c) Husband's death; or (d) January 31,2013, whichever comes first. Notwithstanding the foregoing, if Wife cohabits with a member of the opposite sex for a period in excess of thirty (30) consecutive days within a twelve-month period, then Husband's obligation to make such alimony payments shall terminate. Alimony shall be modifiable only in the event of Husband's disability or an involuntary loss of employment with American Wood Dryers, Inc.. 6.2. Tax Consequences. It is the intention, understanding and agreement of the parties that the cash payments Husband makes to Wife as described in Section 6.1 of this paragraph shall constitute spousal support or alimony as those terms are defined in the Internal Revenue Code of 1986, as amended, and any successor thereto, and that, accordingly, all such payments shall be includable in Wife's -14- gross income and deductible by Husband for federal income tax purposes pursuant to Sections 71 and 215 of the Internal Revenue Code. 6.3. Releases. The parties acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Except as provided for in this Agreement, it shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from the other party. In the event that either of the parties shall seek a modification of the terms of this paragraph, or in the event that Wife makes any claim for spousal support or alimony other than as provided for by the terms of this Agreement, that party shall -15- indemnify and hold the other party harmless from and against any loss resulting therefrom, including counsel fees and costs. 7. LIFE INSURANCE. The parties agree that Husband shall maintain a life insurance policy on which he shall be the insured and Wife shall be the irrevocable beneficiary the with an initial benefit amount of $420,000 until Husband's obligation to pay alimony to Wife as set forth in Paragraph 6.1 of this Agreement terminates. Husband shall have the right to decrease the value of the life insurance policy by $60,000 as of February 1 of 2007 and each year thereafter. Husband agrees to apply for life insurance no less than once a year and shall purchase insurance as provided herein as long as the premium is not in excess of $300 per month. , ,Should Husband die without life insurance coverage as outlined in this provision, Husband hereby assigns to Wife the accrued commissions with American Wood Dryers at the time of his death. Wife shall also be paid the value of 100 shares of MLNM stock at the time of Husband's death. Wife's entitlement to the insurance proceeds and/or assets identified in Paragraphs 5.3, 5.5 or 5.6 in lieu of insurance shall be limited to the outstanding alimony obligation at the time of Husband's death. Said obligation shall be calculated as $5,000, multiplied by the number of months remaining on the alimony term. To the extent necessary, Wife shall execute any documentation necessary to decline beneficiary amounts in excess of this obligation. In all cases, Husband shall list successor beneficiaries. -16- 8. COUNSEL FEES, COSTS AND EXPENSE~. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 9. WAIVER OF INHERITANCE RIGHTS. Effective upon the signing 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 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, and shall include all rights under the Pennsylvania Divorce Code. 10. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing and signed by each of the parties hereto. 11. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 12. BREACH. If either party hereto is in breach of any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all reasonable -17- costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 13. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other provision of this Agreement. 14. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be affected by registered or certified mail, return receipt requested. Notice to Wife will be sufficient if made or addressed to the following: 1315 English Road Mechanicsburg, PA 17055 and to Husband, if made or addressed to the following: 2159 Bordeaux Court Harrisburg, PA 17112 Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 15. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 16. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. -18- 17. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT. This Agreement shall remain in full force and effect even if the parties effect a reconciliation, cohabit as Husband and Wife or attempt to affect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any provision of this Agreement to be null and void. 18. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely of convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 19. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 20. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. -19- 21. MUTUAL COOPERATION. Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 22. AGREEMENT NOT TO BE MERGED. This Agreement shall remain in full force and effect in the event of the parties' divorce. This Agreement 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 not waived or released by this Agreement. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WITNESS UJ -20- . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF l)~~I'V) BEFORE ME, the undersigned authority, on this day personally appeared JAY F. CLARK, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~ +h. day of ~ 2006. ~ ~.R,OD~~ Notary Public . ..~~ NOTARiAL SEI\L i MICHELE S. BEERY, Notary NlIic I City 01 HllfTisburg, PA Dauphin County ! My CommlsSlOl1 Expires July 6 2006 __""_,., _,,_~._, _.~~..,._".__ I -21- COMMONWEALTH OF PENNSYLVANIA COUNTY OF {j~v..rV"\ BEFORE ME, the undersigned authority, on this day personally appeared CANDACE J. CLARK, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~.A..s~ day of ~: 2006. ~.-J.~ Notary Public , NOTARIAL SEAL I illllCHELE S. BEERY, Notary PlbIic I City of Hanisburg, P,~ Dauphin County i My Coml!'issi~ Expires July 6, 2006 -22- McNEES WALLACE & NURICK LLC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney 1.0. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantor@mwn.com CANDACE J. CLARK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-6448 JAY F. CLARK, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 22, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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.SA Section 4904 relating to unsworn falsification to authorities. /7 Dated: t>Y;><-/ c/6 c fi-'l-" /-? ;?%/- (' k~~..~ Candace J. Clark . McNEES WALLACE & NURICK LLC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney 1.0. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantor@mwn.com CANDACE J. CLARK, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-6448 JAY F. CLARK, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 22, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 Pn.C.SA Section 4904 relating to unsworn falsification to authorities. II Dated: 1/ z-<, (I:? ro Jay F. Clark McNEES WALLACE & NURICK LLC BY: DEBRA DENISON CANTOR, ESQUIRE Attomey I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantor@mwn.com CANDACE J. CLARK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-6448 JAY F. CLARK, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER li3301(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. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Dated: 4J .Y"t:.. c;?ot:: ~1o/cA:~~5 CANDACE J. C ARK McNEES WALLACE & NURICK LLC BY: DEBRA DENISON CANTOR, ESQUIRE Attomey I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantor@mwn.com CANDACE J. CLARK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-6448 JAY F. CLARK, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER li3301(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. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904 relating to unsworn falsification to authorities. Dated: 1/u'/ClC:. -------- CANDACE J. CLARK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2004-6448 CIVIL TERM JA Y F. CLARK, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under Section (X) 330 I (c) ( ) 330 I (d) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: Bv certified mail on Januarv 8, 2005. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) ofthe Divorce Code: by Plaintiff April 26, 2006 ; by Defendant April 26, 2006 (b)(l) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: ; (2) date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None Attorney for (X) Plainti ( ) Defendant +:+':+:++++:+:'f:f.'f:+:+ , , , , , , , , , + + + + + + + + + + + + + + + + + + + + + + + + + + + , + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ; ~s + ~ ... ., " .< 'f'f++'f'f++'f+'f+'f'f ++'f+'f+++'f+'f++'f'f++'f'f'f++'f++++++'f+++'f++++'f+ 'f+'f'f'f++++++ 'f++++++'f+++'f+++'f'f++++++++'f+'f++++:f.+++'f+++++++:f.++'f++'f+~ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++++'f++++++++++++'f+++~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. CANDACE J. CLARK, Plaintiff No. 2004-6448 VERSUS JAY F. CLARK, Defendant DECREE IN DIVORCE AND NOW, -----JJ,.J-Plt ~ 2006 IT IS ORDERED AND , DECREED THAT CANDACE J. , PLAINTIFF, CLARK AND JAY F. CLARK , 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; \)O~ Marital Settlement Agreement dated 26 April 2006, is hereby incorporated into the Final Divorce mmt. ..~ ~ PROTHONOTARY J. , 77'~.p ?;?C'/ g .niT' '-",,, 77~ ';{.:l /1 /; 7[;;s:'j!v-;Z /1e7'vr.V ~ ';::7f) ;Jc? /'S f .' -: " -err. RY 13 ;;1 3 06 n ?. uUN Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 c brunt CPBruntLaw.com Attorney for Plaintiff CANDACE J. CLARK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2004-6448 CIVIL TERM JAY F. CLARK, Defendant IN DIVORCE ADDENDUM TO MARRIAGE SETTLEMENT AGREEMENT DATED APRIL 26, 2006 ADDENDUM TO MARITAL SETTLEMENT AGREEMENT DATED APRIL 26, 2006 THIS ADDENDUM, made this day of 2010, by and between JAY F. CLARK, hereinafter referred to as "HUSBAND" - AND - CANDACE J. CLARK, hereinafter referred to as "WIFE", WITNESSETH: WHEREAS, the parties were formerly Husband and Wife, having been divorced on May 2, 2006, by decree of the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 2004-6448; and WHEREAS, the parties entered into a Marital Settlement Agreement dated April 26, 2006, whereby they resolved all economic claims arising from their marital relationship; and WHEREAS, the parties desire to modify the terms of the aforesaid Marital Settlement Agreement in certain respects; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Wife has been independently represented by counsel, CONSTANCE P. BRUNT, ESQUIRE, and that Husband, cognizant of his right to legal representation, declares that it is his express, voluntary, and knowing intention not to avail himself of his right to counsel and chooses instead to represent himself with respect to the preparation and execution of this Agreement. The parties acknowledge that they fully understand the facts and they acknowledge and accept that this Agreement, is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto, each intending to be legally bound hereby, covenant and agree as follows: 1. HUSBAND'S INTEREST IN ADVANCED FABRICATION SERVICES INC. Paragraph 5.5 of the aforesaid Marital Settlement Agreement dated April 26, 2006, is hereby modified to read as follows: "5.5. Husband's Interest in Advanced Fabrication Services Inc. The parties acknowledge that Husband is a one-fourth (1/4) partner in Advanced Fabrication Services, Inc. Wife does hereby set over, transfer and assign to Husband any and all of her right, title, claim and interest in and to all or any portion of Husband's interest in Advanced Fabrication Services, Inc. Husband agrees to be fully responsible and to indemnify and hold Wife harmless from any and all liability stemming from his interest in Advanced Fabrication Services, Inc., including but not limited to the Chase Auto Finance loan currently encumbering the 2003 H2 Hummer owned by Clark Sales Company. Clark Sales Company is the -2- obligor on said loan. Notwithstanding the above, should Husband die prior to the payment of alimony as outlined in Paragraph 6. 1, and without the insurance coverage as outlined in Paragraph 7, Husband hereby assigns to Wife his accrued commissions from Advanced Fabrication Services, Inc., as well as his ownership interest in the said corporation. Said assignment is to the extent of the remaining alimony obligation owed by Husband at the time of his death, calculated by multiplying $5,000.00 by the number of months remaining on the obligation through September 30, 2010, plus the remaining balance due on the total sum of $70,000.00 in alimony owed effective as of October 1, 2010. In the event Husband has not paid his alimony obligations to Wife pursuant to Paragraph 6.1 and does not have life insurance pursuant to Paragraph 7 and his interest in Advanced Fabrication Services, Inc., is divested, whether by sale, transfer, or resignation, Husband shall set aside an amount equal to his remaining alimony obligation to Wife as security. Wife shall be named as the sole beneficiary on said account." 2. ALIMONY. Paragraph 6.1.1 of the aforesaid Marital Settlement Agreement dated April 26, 2006, is hereby modified to read as follows: "6.1.1 Monthly Payments. Commencing January 1, 2006, and continuing through September 30, 2010, Husband shall pay Wife alimony in the sum of $5,000.00 per month. Thereafter, Husband shall pay Wife additional alimony in the total amount of $70,000.00, payable in monthly payments in the minimum amount of $3,000.00 and the maximum amount of $5,000.00 per month. Such monthly payments shall commence October 1, 2010, and continue until such time as the total amount of -3- $70,000.00 has been paid to Wife. All alimony payments provided herein shall be due by the first day of each month. However, Husband's obligation to make such payments shall terminate earlier upon the first to occur of the following events: (a) Wife's death; or (b) Husband's death. Wife's remarriage or cohabitation with a member of the opposite sex for any period of time shall not terminate or modify such alimony payments in any respect. Except as otherwise set forth herein, alimony shall not be subject to termination or modification." 3. LIFE INSURANCE. Paragraph 7 of the aforesaid Marital Settlement Agreement dated April 26, 2006, is hereby modified to read as follows: 7. Life Insurance. The parties agree that Husband shall maintain a life insurance policy on which he shall be the insured and Wife shall be the irrevocable beneficiary with an initial benefit amount of $420,000.00 until Husband's obligation to pay alimony to Wife as set forth in Paragraph 6.1 of this Agreement terminates. Husband shall have the right to decrease the value of the life insurance policy by $60,000.00 as of February 1, 2007 and each year thereafter. Husband agrees to apply for life insurance no less than once a year and shall purchase insurance as provided herein as long as the premium is not in excess of $300.00 per month. Should Husband die without life insurance coverage as outlined in this provision, Husband hereby assigns to Wife the accrued commissions with Advanced Fabrication Services, Inc. at the time of his death. Wife shall also be paid the value of 100 shares of MLNM stock at the time of Husband's death. Wife's entitlement to the insurance proceeds and/or assets identified in Paragraphs 5.3, 5.5 or 5.6 in lieu of insurance shall be limited -4- to the outstanding alimony obligation at the time of Husband's death. Said assignment is to the extent of the remaining alimony obligation owed by Husband at the time of his death, calculated by multiplying $5,000.00 by the number of months remaining on the obligation through September 30, 2010, plus the remaining balance due on the total sum of $70,000.00 in alimony owed effective as of October 1, 2010." 4. RATIFICATION OF MARITAL SETTLEMENT AGREEMENT DATED APRIL 26. 2006. In all other respects and except as modified herein, the parties hereby ratify and confirm the Marital Settlement Agreement dated April 26, 2006. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: (SEAL) DACE J. CLARK JAY F. CLARK (s,FAL) -5- COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . SS. On this day of 2010, before me, the undersigned officer, personally appeared CANDACE J. CLARK and JAY F. CLARK, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within Addendum to the Marital Settlement Agreement, and acknowledged that they executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA Notary Public Notarial Seal Constance P. Brunt, Notary Public Susquehanna Twp., Dauphin County M Commiaalon EVres Oct. 20, 2013