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HomeMy WebLinkAbout06-1036 JEFFREY A. CLUKEY, Plaintiff VS. SHERRI M. CLUKEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006- 163L Civil Term 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 CARLISLE, PENNSYLVANIA .17013 J/J MAX J. SMITH, JR., N uire JARAD W. HANDEL AN, Esquire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 JEFFREY A. CLUKEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 2006- 1636 Civil Term SHERRI M. CLUKEY, CIVIL ACTION -LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, JEFFREY A. CLUKEY, by his attorney, MAX J. SMITH, JR., Esquire, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more fully set forth: The Plaintiff, JEFFREY A. CLUKEY, is an adult individual and citizen of the United States of America, whose address is 45 Hellam Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, SHERRI M. CLUKEY, is an adult individual and citizen of the United States of America, whose address is 45 Hellam Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 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 of this Complaint. 4. Plaintiff and Defendant were married on or about October 21, 1995 in Lemoyne, Pennsylvania. 5. Plaintiff avers that there are two (2) children of the parties under the age of 18, namely: Avery J. Clukey, born December 1, 1999 and Gabriel T. Clukey, born May 13, 2003. 6. Neither Plaintiff nor Defendant is a member of the United States Armed Services. 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. Plaintiff avers that there has been no prior action for divorce or annulment of the marriage filed by either parry in this or any other jurisdiction. 9. Plaintiff avers that the marriage is irretrievably broken, pursuant to Section 3301(c) of The Pennsylvania Divorce Code Act 206 of 1990. 10. Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render his condition intolerable and life burdensome, pursuant to Section 3301(a)(6) of The Pennsylvania Divorce Code Act 206 of 1990. 11. This action is not collusive. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. Date: February 1 I '2006 Respectfully submitted, AZ MAX J. SMIT , J Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 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. z4/ . K Y ?i ' ;+? Lrl C?z JEFFREY A. CLUKEY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2006-1036 Civil Term SHERRI M. CLUKEY, CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF DAUPHIN BEFORE ME, personally appeared JOHN R. ZIMMERMAN, who being duly sworn according to law, deposes and says that he did serve in person the Complaint in Divorce upon Sherri M. Clukey at Department of Conservation and Natural Resources, 6"' Floor, Rachel Carson State Office Building, Harrisburg, Pennsylvania; service having been made on the 22nd day of February, 2006 at 9:50 a.m. SWORN and subscribed to before me this _23r" day of February, 2006. NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Alisa M. Stine, Notary Public Derry Twp., Dauphin County My Commission Expires Nov. 19.2007 JO R. ZIMME AN M Pmber. Pennsylvania Association Of Notaries .. __ ,, •10/13/2006 14:23 7172438227 1 JEFFREY A. CLUKEY, Plaintiff VS. SHERRI M. CLUKEY, Defendant BROUJOS & GIL.ROY, PC PAGE 04 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1036 CIVIL TREM CIVIL ACTION -LAW IN DIVORCE STIPULATION The parties to the above captioned divorce and custody action hereby agree and stipulate that the Court may enter the custody Order in the form as attached. WITNES /41 4 Max J. Smith, Jr., squire Jeffrey AAtlukiy e /?v & 41t_/ Hubert X. Gilro , Esquire Sherri M. Clnkey C-ir, A'- • 40% JEFFREY A. CLUKEY, Plaintiff VS. SHERRI M. CLUKEY, Defendant NOV 0 82006 h4 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1036 CIVIL TREM CIVIL ACTION -LAW IN DIVORCE COURT ORDER AND NOW, this I - day of 2006, upon consideration of the attached Stipulation, it is ordered and directed that the following custody Order is put in place to be effective upon the parties no longer residing together: 1. Father, Jeffrey A. Clukey, and the Mother, Sherri M. Clukey, shall enjoy shared legal custody and shared physical custody of Avery J. Clukey, born December 1, 1999 and Gabriel T. Clukey, born May 13, 2003. 2. Physical custody shall be handled pursuant to an agreement between the parties subject, however, to the clear understanding that the parties shall share equally physical custody. Absent some other agreement between the parties, the parties shall work under a 2-2-3 day schedule alternating each week. 3. Both parents shall enjoy a right-of-first refusal with respect to providing care for the minor children when the custodial parent is unable to provide such care. In the event the custodial parent must be away from the children for a period of three and one-half (3.5) hours or more as a result of work or other commitments, the custodial parent must contact the non-custodial parent to see if he or she would be willing to provide day care for the minor children. The non-custodial parent shall have no obligation to provide day care in this situation but must be given the first opportunity to provide such day care in the event the custodial parent will be unavailable as set forth above. 4. The parties shall also share custody or alternate custody on major holidays and birthdays pursuant to a schedule reached by the parties. BY THE COURT: , 4/ Ob Judge Cc: Aax J. Smith, Jr., Esquire, n? ,/4Iubert X. Gilroy, Esquire ? C? ? ?,j', ? t ,.? ta('1? ? ?? ? ?`? ?? ?1 ? t ? " 1 ? .+W ?? ? ?1?,,,di ... 7 ., 10/13/2006 14:23 7172438227 JEFFREY A. CLUKEY, Plaintiff Vs. SHERRI M. CLUKEY, , Defendant BROUJOS & GILROY, PC : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-1036 CIVIL TREM : CIVIL ACTION -LAW : IN DIVORCE STIPULATION The parties to the above captioned divorce and custody action hereby agree and stipulate that the Court may enter the custody Order in the form as attached. WITNES Max J. Smith, Jr., squire Hubert X. Gilroj, Esquire Jeffrey A. Tlukiy Sherri M. Clukcy 04 tw ?3 TJ C.:: ? - fY5 'T7 er. TfJ ?7 d= JEFFREY A. CLUKEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-01036 CIVIL TERM SHERRI M. CLUKEY, : CIVIL ACTION - LAW Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER ® Plaintiff ? Defendant, moves the court to appoint a master with respect to the following claims: ® Divorce ® Distribution of Property ? Annulment ? Support ? Alimony ? Counsel Fees ? Alimony Pendente Lite ? Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of master is requested. 2. The non-moving party ® has ? has not appeared in the action ? personally ® by counsel, Hubert X. Gilroy, Esquire. 3. The statutory ground(s) for divorce ? is ® are irretrievable breakdown and indignities. 4. Delete the inapplicable paragraph(s): (a) The aGtien is_ not cGentested-. (b) An agreement has been reached 4.vith respeGt to the following rala*M& (c) The action is contested with respect to the following claims: equitable distribution. 5. The action ? involves ® does not involve complex issues of law or fact. 6. The hearing is expected to take (hours) one-half (days). 7. Additional information, if any, relevant to the motion: Date: September 19, 2008 10 r 11 Name: Max J. Smith, Jr., Esquir Attorney for ® Plaintiff ? Defendant AND NOW ,20 Esquire, is appointed master with respect to the following claims: BY THE COURT: J. co JEFFREY A. CLUKEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2006-1036 Civil Term SHERRI M. CLUKEY, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE You are hereby notified to file a written response to the enclosed Petition within twenty (20) days from service hereof or a judgment may be entered against you. A"y'9& M J. SMITH, JR squire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mis@,jsdc.com JEFFREY A. CLUKEY, Plaintiff VS. SHERRI M. CLUKEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1036 Civil Term CIVIL ACTION -LAW IN DIVORCE PETITION FOR EQUITABLE DISTRIBUTION OF PROPERTY AND NOW comes the Plaintiff, JEFFREY A. CLUKEY, by his attorney MAX J. SMITH, JR., Esquire, and respectfully states as follows: 1. Plaintiff filed a divorce Complaint pursuant to the no-fault and fault provisions of the Pennsylvania Divorce Code on February 21, 2006, entered to the within term and number. 2. There has been no responsive pleading filed to date in this matter by the Defendant. 3. During the course of the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution by the court. 4. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff respectfully requests that at such time as a divorce Decree may be entered, equitably divide the marital property remaining between the parties. Respectfully submitted, Date: September 4-, 2008 P C YA MAX J. SMITH, JR squire James, Smith, Dietterick & Connelly LLr P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Sep-19-2008 11:51am From-HOUSE APPROPRIATIONS COMMITTEE 7177832913 T-349 P 001/001 F-618 1 verify that the statements made in this Petition are true and correct. I understand that 2alse statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. _<? 6" /e4 - - ? / &,A JEFFREE A. CLUKEY JEFFREY A. CLUKEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2006-1036 Civil Term SHERRI M. CLUKEY, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this ` I day of September, 2008, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Petition for Equitable Distribution by depositing a copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Martson, Deardorff, Williams, Otto, Gilroy & Faller Attn: Hubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013-3015 MAX J. SMITH, JR., Pquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 'Xi a w !V CO I_ ? f t T{MY SEP 1 g ?uua JEFFREY A. CLUKEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-01036 CIVIL TERM SHERRI M. CLUKEY, : CIVIL ACTION - LAW Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER ® Plaintiff ? Defendant, moves the court to appoint a master with respect to the following claims: ® Divorce ® Distribution of Property ? Annulment ? Support ? Alimony ? Counsel Fees ? Alimony Pendente Lite ? Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of master is requested. 2. The non-movinLparty ® has F-1 has not appeared in the action ? personally by counsel, Hubert X. Gilroy, Esquire. 3. The statutory ground(s) for divorce ? is ® are irretrievable breakdown and indignities. 4. Delete the inapplicable paragraph(s): (c) The action is contested with respect to the following claims: equitable distribution. 5. The action ? involves ® does not involve complex issues of law or fact. 6. The hearing is expected to take (hours) one-half (days). 7. Additional information, if any, relevant to the motion: Date: September 19, 2008 Name: Max J. Smith, Jr., Esquir Attorney for ® Plaintiff ? Defendant AND NOW S , 20 Esquire, is appointed master with respect to the following claims: 11.4? '4 BY T COURT: i IV J. f -eta F:\F1LES\C6ents\12498 Clukey\12498.I.pretrial.wpd Revised: 12/12/08 2:58PM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 & 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant JEFFREY A. CLUKEY, Plaintiff VS. SHERRI M. CLUKEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1036 CIVIL TREM : CIVIL ACTION -LAW : IN DIVORCE DEFENDANT SHERRI CLUKEY'S PRE-TRIAL STATEMENT AND NOW, comes Defendant, Sherri M. Clukey, by and through her attorneys, Martson Deardorff Williams Otto Gilroy & Faller, files the following Pre-Trial Statement pursuant to Pennsylvania Rules of Civil Procedure 1920.33(b): 1. BACKGROUND: The parties were married on October 21, 1995 and separated on February 21, 2006 when Husband filed for divorce. This is the first marriage for both parties. Two children were born of the marriage: Avery J. Clukey, born December 1, 1999 and Gabriel T. Clukey, born May 13, 2003. The parties share custody of the children. Wife is 35 years old and Husband is 39 years old. II. ASSETS: The parties jointly own a marital residence at 45 Hellam Drive, Mechanicsburg, Cumberland County, Pennsylvania. Husband has remained in the home since the filing of the Complaint in divorce, and Wife left the marital home in October of 2006 after the Complaint was filed. Husband has maintained an interest in keeping the home and buying Wife out, but the amount of equity in the home has not been agreed upon. The parties obtained an appraisal recently showing the value as $210,000, however Wife feels this is low because that was the purchase price several years ago. Wife will obtain her own appraisal. The current mortgage balance is somewhere around $150- 155,000. The parties each have vehicles and each will retain their own vehicle and any loans thereon. Both Husband and Wife work for the Commonwealth and have SERS pensions. Husbarnd also has a Deferred Compensation account through the State. Further, the parties have and IRA and other investments with MML Investors, and an investment account with Dreyfus. Husband has a Vanguard account which he maintains was a premarital gift. The parties had accounts with Wachovia (checking, savings and money market) that have been divided, but not equally or satisfactorily. Additionally, there is small CD at PSECU. Personal property is not completely divided, but the parties will try to resolve that outside of the Divorce Master proceedings, if possible. Finally, Husband transferred $45,000 from the joint account at the time of separation into 529 plans for the children. Wife will agree to leave these assets for the kids so long as her name is on the accounts as well. III. EXPERT WITNESSES: Wife will obtain her own appraiser for the real estate and may call that person as a witness. The parties will need to value their pensions and will need an actuary to do so. Wife will propose that both parties use Conrad Siegel and pay for their respective pensions to be appraised. IV. WITNESSES: Defendant does not anticipate calling any other witnesses, not a party, at this time but reserves the right to supplement this prior to a hearing with notice to the Plaintiff and the Divorce Master. V. EXHIBITS: Exhibits will be exchanged with Plaintiff prior to hearing. VI. INCOME: Wife works for the Pennsylvania Department of Conservation and Natural Resources making approximately $44,800 per year. Husband works for the Pennsylvania House of Representatives Appropriations Committee making approximately $72,000 per year. VII. COUNSEL FEES: Both parties have retained counsel throughout these proceedings and should be responsible for their own attorney fees. VIII. PERSONAL PROPERTY: The parties have agreed how to divide their personal property to their mutual satisfaction. IX. MARITAL DEBTS: The parties have a mortgage on the marital residence and Wife's vehicle is encumbered. Wife will remain responsible for her vehicle loan and Husband must assume and refinance the mortgage when he buys Wife out. X. PROPOSED RESOLUTION: Wife is requesting a 55/45 distribution of assets and debts. Respectfully submitted, MARTSON LAW OFFICES By JCnntu r . Spears, Esquire I.D. m ber 87445 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: December 15, 2008 Attorneys for Defendant CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Pretrial Statement was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Max J. Smith, Jr., Esquire JAMES, SMITH, DIETTERICK & CONNELLY, LLP P.O. Box 650 Hershey, PA 17033 MARTSON LAW OFFICES y Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: December 15, 2008 ??? `=` i ?: r--? _, a ??..? --re ?`, ?> r,, ,, _.- c,? ? v ? ' -?- r t: a .?.? Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mjs@jsdc.com JEFFREY A. CLUKEY, Plaintiff VS. SHERRI M. CLUKEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-01036 CIVIL TERM : CIVIL ACTION - DIVORCE PRE-TRIAL STATEMENT OF PLAINTIFF, JEFFREY A. CLUKEY PURSUANT TO PA.R.C.P. 1920.33(6) 1. ASSETS A. MARITAL ASSETS ASSET VALUE DATE OF VALUATION NON-MARITAL PORTION LIEN 45 Hellam Drive $210,000.00 Present No Yes Mechanicsburg, (approximately PA 17055 $161,000.00) (Marital Residence) A. MARITAL ASSETS (CONTINUED) ASSET VALUE DATE OF NON-MARITAL LIEN VALUATION PORTION Vanguard $14,703.68 March 2006 Yes No Mutual Fund Wachovia $61,864.38 February 2007 Yes No Mutual Fund MML Investor $20,532.77 February 2006 No No Services Account Wachovia Est. $110,000.00 March 2006 No No Checking (account divided Account (J) equally at DOS) PSECU C.D. Est. $2,000 - Est. 2006 No No (W) $3,000 SERS $32,010.46 Present Yes No Retirement (Wl SERS $37,514.18 December 2006 Yes No Retirement (H) Deferred $23,687.06 December 2006 Yes No Compensation (H) 2009 Stimulus $1,800.00 Present No No Income Tax Check 1997 Plymouth TBD Present No No Voyager Van 2005 Saturn TBD Present No No View (W) B. NON-MARITAL ASSETS ASSET VALUE DATE OF LIEN REASON VALUATION FOR EXCLUSION Post-separation TBD Post-separation No Increase increase in resulting from value of post- retirement separation assets in Part contributions A. Post-separation TBD Post-separation No Increase increase in resulting from value of post- investment separation accounts in contributions Part A. Navy Federal $100.00 Present No Owned by H Credit Union prior to Account (H) marriage Checking and TBD Present No Acquired by Savings parties' post- Accounts separation (H & W) II. EXPERT WITNESSES Plaintiff reserves the right to call Mark Heckman, residential real estate appraiser, as an expert witness in support of the valuation of the marital residence, if necessary. In addition, Plaintiff reserves the right to call an expert to substantiate the marital value of the retirement assets, if necessary. Plaintiff reserves the right to retain additional expert witnesses as may be required prior to trial and to cross-examine any expert witness retained by Defendant for trial. III. LIST OF FACT WITNESSES Plaintiff anticipates calling only the parties as witnesses. Plaintiff reserves the right to cross-examine any witness called by Defendant at the time of trial and to offer rebuttal witnesses at the time of trial in response to Defendant's presentation. Plaintiff reserves the right to supplement this response prior to trial. IV. LIST OF EXHIBITS 1. Plaintiff will present statements of all assets listed in Part A. above to substantiate the listed account values. 2. Plaintiff will present Kelly Blue Book Values to substantiate the values of the motor vehicles listed in Part A. above. 3. Plaintiff will present a deed to the real property listed in Part A. 4. Plaintiff will present a copy of the real estate appraisal of the real property listed in Part A. above. 5. Plaintiff will present documentation establishing the value of any asset and/or liability listed in either of the parties' Inventory and Appraisement. 6. Plaintiff will present a copy of his current paystub. 7. Plaintiff will present copies of the joint tax returns for 2006 and 2007. 4 8. Plaintiff reserves the right to supplement this response prior to trial and offer additional exhibits at the time of trial. V. PARTIES' INCOMES Domestic relations determined Plaintiff's monthly net income to be $3,950.95. Defendant's net income was determined to be $2,804.11. Plaintiff will provide a current paystub and the joint 2007 income tax return at the time of trial to substantiate the incomes of the parties. VI. PARTIES' EXPENSES Plaintiff will file an expense statement and present same as an exhibit at the time of trial. It is anticipated that Defendant will also file and present such statement at the time of trial. VII. VALUATION OF RETIREMENT ASSETS The retirement assets listed in Part A. are capable of valuation by reference to the statements for said accounts, without the need for expert valuation. Statements of the retirement assets will be presented at the time of trial. VIII. COUNSEL FEES The parties should be responsible for their own counsel fees. An award of attorney fees to either party is not warranted in this case. IX. PERSONAL PROPERTY The parties anticipate being able to divide their personal property equitably, without addressing such property in the Master's proceeding or further involvement from the Court. To the extent they cannot, Plaintiff reserves the right to submit valuation of specific items of personal property to the Master and/or to request a distribution of such property to Plaintiff as part of the equitable distribution in the case. X. MARITAL DEBTS DEBT AMOUNT AS OF DOS DATE DEBT INCURRED INITIAL AMOUNT OF DEBTIPURPOSE PAYMENTS SINCE DOS EVIDENCE Mortgage $161,000.00 During Purchase of home By Husband Statements (current) Marriage DOS Balance TBD Taxes TBD During Income tax By Husband Checks Marriage liability of parties Plaintiff seeks a credit in the equitable distribution of the marital property accounting for the monies he has expended post-separation in payment of the mortgage, taxes, and insurance on the former marital residence. In addition, Plaintiff seeks Wife's contribution to the joint income taxes that Husband has paid post-separation without contribution from Defendant. 6 XI. PROPOSED ECONOMIC RESOLUTION The marital assets of the parties shall be divided equally, with each spouse retaining his/her respective retirement accounts and all cash, personal property and vehicles currently in his/her respective possession. Husband shall retain the marital residence, and shall refinance the mortgage thereon. To the extent such distribution does not provide Wife with fifty (50%) percent of the assets, the difference shall be paid from either the mortgage refinancing or other liquid assets of the parties. Husband shall retain the Vanguard account, which is a non-marital asset. There shall be no alimony payable by either party to the other, and each spouse shall pay his/her separate attorney fees, costs and expenses. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY LLP Date: December 15, 2008 By: kc?" - MAX J. SMITH, ., SQUIRE I.D. No. 32114 JARAD W. HANDELMAN, ESQUIRE I.D. No. 82629 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff, Jeffrey A. Clukey 7 JEFFREY A. CLUKEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2006-1036 Civil Term SHERRI M. CLUKEY, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 16th day of December, 2008, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Pre-Trial Statement of Plaintiff by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Office of Divorce Master Attn: E. Robert Elicker,11, Esquire 9 North Hanover Street Carlisle, PA 17013-3014 Martson, Deardorff, Williams, Otto, Gilroy & Faller Attn: Hubert X. Gilroy, Esquire 10 East High Street Carlisle, PA 17013-3015 MAX J. SMITH, squire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ?? r? t-?, ?? ` :;,' c-- --? r `? ?' .-.,-? ??. ?`e !'i ?ti ,! J FAF1LES\C1knt3A2498 ClukW12498.1.ConsAffPlain Created: 9/20/04 0:06PM Revised: 6/23/09 7:54AM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant JEFFREY A. CLUKEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-01036 CIVIL ACTION - LAW SHERRI M. CLUKEY, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 17, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: - L11-1 Jeffre A ukey, Plaintiff -1 - cc CF VE 23 t. 26 Cvt y 1r r 1 lr? F:\FMES\Ctian\12498 C1ukey\12498.I.WwvaDd Crated: 920/04 0:06PM Revised: 623/09 7:56AM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant JEFFREY A. CLUKEY, Plaintiff V. SHERRI M. CLUKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-01036 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(4) 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 16 ?,/ 2 71K ? Jeffrey A. ey, Plaintiff 101 P TILESChanu;12498 Ctukey.12498.1.ConsA$Dd Crated: 920/04 0:06PM Revised; 6123/09 7,53AM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant JEFFREY A. CLUKEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-01036 CIVIL ACTION - LAW SHERRI M. CLUKEY, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 17, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: 6 "073 v FILED, 'FCE )T?-!?' OTARY OF -ME pp,,, 2449 JUN 23 FM 1: 26 VY4i YY /4{ 1v JrJ ?V,;N 1 F:` RLEWlients' 12498 Clukey\12498. I . WsiverPlam Crated: 9120/04 0:06PM Revised: 6/23/09 7:58AM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant JEFFREY A. CLUKEY, Plaintiff V. SHERRI M. CLUKEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-01036 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §2301(c) AND § 3301(,d) 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: (D -a -? - a 9 Ftl.t}' tC ARY OF E p , , 2009 jjt4 23 i{ t 0 i JEFFREY A. CLUKEY, Plaintiff VS. SHERRI M. CLUKEY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 1036 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this 144W " day of , 2009, the economic claims raised in the proceed'ng having been resolved in accordance with a marital settlement agreement dated July 6, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: .JXax J. Smith, Jr. Attorney for Plaintiff 6?lrh' )ert X. Gilroy Attorney for Defendant EdgQr-S,AWI LL . Uri aolL.o?,,:? J41r av, aol:?17 cam,. Cam. ?A- FAFILESTlients\12498 ClukW12498.I.marital settlement agreement Created: 7/30/04 9:12AM Revised: 6/24/09 10:34AM Hubert X. Gilroy, Esquire I.D. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JEFFREY A. CLUKEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-01036 CIVIL ACTION - LAW SHERRI M. CLUKEY, Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this t day of 2009, by and between Jeffrey A. Clukey, of Cumberland County, Pennsylvania (hereinafter referred to as "Husband") and Sherri M. Clukey, of Cumberland County, Pennsylvania (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were married on October 21, 1995, in Pennsylvania; WHEREAS, two children,Avery J. Clukey, born December 1, 1999 and Gabriel T. Clukey, born May 13, 2003, have been born of the marriage of the parties; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and 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 by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt 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. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Husband filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties 2 are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 3 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Hubert X. Gilroy, Esquire, counsel for Wife and Max J. Smith, Esquire, counsel for Husband. 4 The parties acknowledge that each has received independent legal advice from counsel ofhis or her own selection, that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party also acknowledges that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 5 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. DISTRIBUTION OF PROPERTY: The parties agree for distribution of marital property as follows: A. The parties jointly own Real Estate at 45 Hellam Drive, Mechanicsburg, Pennsylvania (Real Estate). Wife shall execute a deed conveying the Real Estate to Husband, which deed shall be prepared by counsel for Husband. The deed shall be held in escrow by counsel for Wife and provided to legal counsel for Husband in conjunction with Husband's refinancing of the existing mortgage on the Real Estate to remove Wife's name from the mortgage. Husband agrees to proceed in a reasonably diligent fashion to accomplish said refinance within ninety days from the date of this Agreement. In conjunction with the transfer of the Real Estate, Husband agrees to assume the existing mortgage on the Real Estate and to indemnify and hold Wife harmless in connection with said mortgage. B. Contemporaneous with the signing of this agreement, Husband shall pay to Wife $95,000.00 payable to Martson Law Offices as legal counsel for Sherri M. Clukey. 6 C. The parties agree that the Vanguard account with an approximate value of $2,800.00, the Wachovia Securities with an approximate value of $39,000.00 and the MML IRA account $9,578.00 shall be the sole and exclusive property of Husband and Wife will execute any and all documentation as may be required to confirm Husband's ownership in said accounts. D. The parties agree that the MML Investors account with an approximate value $,5900.00 shall be the exclusive property of Wife and Husband will execute any and all documentation as required to accomplish that ownership. E. Wife has an SERS account through her employment with an approximate value of $35,000.00. The parties agree that said account shall be the exclusive property of Wife and Husband hereby relinquishes any claim or ownership in said account. Husband agrees to execute any and all documentation as required to confirm Wife's sole ownership of this account. F. Husband has an SERS account in the approximate value of $84,000.00 and a Deferred Compensation account in the approximate value of $17,500.00. The parties agree that Husband shall have exclusive ownership of both accounts. Wife shall execute any and all documentation as required to confirm Husband's sole ownership of these accounts. G. Attached to this Agreement and marked Exhibit `A' is a listing of personal property. For items of personal property where there is a checkmark noted next to those items, Husband shall deliver those items to Wife. Those items marked with an `X' shall be retained by Husband, and Wife shall also deliver to Husband the framed Terry Bradshaw football jersey. These items of personal property shall be delivered to the respective party within thirty days of the date of this Agreement. H. There exists a 529 account currently in Husband's name which is opened for the benefit of the two minor children of the parties. Husband agrees to execute any and all documentation as required to include Wife's name as the joint owner on that account and to insure that both Wife and Husband have equal access and control over said account. The parties agree that the funds in this account along with any 7 accumulated earnings or interest shall be used for the benefit of the parties two minor children. 12. BANK ACCOUNTS. CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 13. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to their respective vehicles. 14. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, 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. 15. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2009. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 8 16. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 17. WAIVER OF ALIMONY: Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs, except for alimony pendente lite or spousal support payable by Husband to Wife prior to the date of execution of this Agreement. 18. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. 19. HEALTH INSURANCE: Each party is responsible for their own health insurance and uninsured medical expenses. 20. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 9 21. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 22. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 23. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 24. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 25. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 10 26. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 27. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 28. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 29. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 30. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 31. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. [Signatures are found on the following page.] 11 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. WITNESS COMMONWEALTH OF PENNSYLVANIA. COUNTY OF : SS (SEAL) (SEAL) On this, G41" day of taS? 2009 before me a Notary Public, personally appeared Jeffrey A. Clukey, knowfik be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Alisa M. Stine, Notary Public Derry Twp., Dauphin County Notary Public My Commission Expires Nov. 19, 2011 COMMO XV V ?MARIA : SS COUNTY OF CUMBERLAND On this, the & day of Ja? _, 2009 before me, a Notary Public, personally appeared Sherri M. Cllnkey, kno to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. COMMONWEALTH OF PENNSYLVANIA w? Notarial Seal Shelly Brooks, Notary Public Carlisle Born, Cumberland County i My Commission Expires Aug. 5, 2009 ,..?q j?aer, Pennsylvania Assrciation of Notaries U Public 12 JEFFREY A. CLUKEY, Plaintiff VS. SHERRI M. CLUKEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1036 Civil Term 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: 1. Ground for divorce: irretrievable breakdown under Section (X) 3301 (c) ( ) 3301 (d) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: By personal service on February 22, 2006. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff June 23, 2009 ; by Defendant June 23, 2009 (b)(1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: Defendant: ; (2) date of service of the Plaintiff's affidavit upon the 4. Related claims pending: None Gy Attorney for (X) ntiff ( ) Defendant -, RILU-, OF THE U, ;.,? IN THE COURT OF COMMON PLEAS OF JEFFREY A. CLUKEY : CUMBERLAND COUNTY, PENNSYLVANIA V. SHERRI M. CLUKEY NO. 2006-01036 CIVIL TERM DIVORCE DECREE AND NOW, ?ufy S, 2Q°5 , it is ordered and decreed that JEFFREY A. CLUKEY , plaintiff, and SHERRI M. CLUKEY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Marital Settlement Agreement dated 6 July 2009, is hereby incorporated into the Final Divorce Decree. By the Court, i1 ? Attest: J. Proth notary g.s •o? ? ? ?, t ? ?s, ?y ? „?