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HomeMy WebLinkAbout94-06299 , , , , ' hi, " " , " , , , . I " , " " " " " .,0 , :' . " " 1,_1'/". l'I,,'r""W ;;'1(\ :.1 1),\) 1',0 ):\',:,d' "1:<:;,::,/ I'JI:1:', .l.(it/i' :--'/,I','\;;\ , d-1)j'JllllJ_ I I if,(/,;.\Ji,: "," "I'_'il; -, ,.' ''"':....''':'.. ...i;:,IM~ \,;,j}\'~ II; ',. ,,::/i{~;: .' -1;!~-\'II~,:'~t .,_:_,,':'i;);-n I: i ~ .. l~r, " ,I,; . ,. l~.'fi ' , "',,\f,' li:'-,{1;11'- \ii;;;:'-}-~~ '1,,:, ,III' ',,:i;j;J'~ , ", ""L'ff ,.Af , I ~"s- 'p,;i,.! ','J ,Ihif'- i;_~~t, i;i:'-_t~ -1'.:,:1), !,-;i,I.,t '/!:.. 1'-""- ;!,)!~l .". ',Ii'!' I '('JII', (.'t\1'1{, '.' ::3~(1, I,lj"! ,'I' 'I;W~ :"::~~~' .,,/f , '~. J .;,'1 ,,' I :"; ;'i~~~', I,Jlr' 11'1. 1 ,~/1 ':.iHI . 'l~ M 1.11 ~ , ' ': Ii[l,y .. :,,.t!IU~' ,,'I , ( I :l~'i ~ , ',:'~~ , ".'lfJJ '-, -;,\:J:.~ j'-'Jj_;~IJ 1'I.t'1 !:' t,i~' jllL'G t'" , , I' , 1 I, , " , " " .- , , , , , , , ,'.1 ~ \ '. , , , , " " , . " " I, >0, I' , Ii " '" " , " 1 " , " " , ,'I . " [d)'- 'I" "i>, ',III' " " " " L I't: il, '" " 1,'1 I,' '" , .. " ,I; " " ': .'II ", .,., " 0'.\ ,-I, '" , , I r;1 ',I " ',. I, ii, ii', 1." , ' ~ j , . , \ ,. " , . 0- \ ..0-' <-a ~ " ,":i I.' :.\' ,y: , , ,,,',' ;; ,.I.,i ,. .1 " I ,; '. _, t~ f , ~ .- - - .. ... _~~l!_~~_~~'!'>_:~-:~~~~...:.~_~~~'..:<<~_~"'.:_ :*~"'~'.:*.'- _.~'. ... ... --~ . . . . . . ~ 8 8 8 ~ . * * 8 II IN THE COURT OF COMMON PLEAS OF CUMBERL.AND COUNTY STATE OF * PENNA, REBECCA A. CLARK, PLAINTIFF ~ 0, 94-:-6299 Clv~~HTeqlll) V~ll':-Hl~l ..DENNIS J. CLARK, DEFENDANT DECREE IN DIVORCE AND NOW, ' . . ~ ,1.~ . . .. ", 19 (il~.. , it is ordered and decreed that, , , . , . . . . . .fl~B,E,GC!,< .A.. . CL,AflK. , ' , , . , . . . . , . ., , . . ., plaintiff. and. . . . . .. . .. , . , , .. , , IlENNI.S . J... .CLAR,K . .. ..."... , . ., 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 0 final order has not yet been enlered; ~A... THE MARRIAGE SETTLEMENT AGREEMENT DATED MARCH 20, 1995, IS : ~~c;o~~:~~~~:ED: ~N;~, ~~';~. DE,CR~~: ,BY: R~~E~:E,~~E..: . .T~#R'~~~~~:T . SHALL , HOWEVER, MERGE WITH THIS DECREE. r"LHt' / Gy The _~.. Atte'l.:.-~:i,/.l/<t<'< f' IU<'~ ~~~~ J. /.1; ~ry7 ,,,'- F ~&. 1Ja-~ / .......r('\~honoti\ry , ~ :i1 -..._---~~------------- . . . , iii 8 ~ . Ii f~ !.~ ~ ," Ii , . .,. ," '~ :~ \~ ~ ~ ~ ~ ~,~ " '~i ! , ,I 'fll l!' .~ ,[,I "i' "! . .... 0;0- , vs. IN THE COURT OF COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA NO, 94-6299 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE REBECCA A. CLARK, PLAINTIFF DENNIS J. CLARK, DEFENDANT PRAZCI'. TO T~'MIT RKCORD 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 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: CERTIFIED MAIL/RESTRICTED DELIVERY RECEIVED ON NOVEMBER 8, 1994. 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 the Plaintiff: MARCH 20, 1995; by the Defendant: MARCH 17, 1995. (b) (1) Date of execution of the Defendant. s affidavit required by Section 3301(d) of the Divorce Code: N/A. (2) Date of service of the Defendant's affidavit upon the Plaintiff: N/A. 4. Related claims pending: NONE; ALL ISSUES RESOLVED BY THE PARTIES MARRIAGE SETTLEMENT AGREEMENT DATED MARCH 20, 1995 AND FILED or RECORD IN THIS CASE. 5. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: N/A. , ESQUIR Plaintiff ~ . ~r- , ~..1' .t, t,t,IO;:; ':l~c..'I,,; tt: '.s:~...~ r")' ~. ./1 '," ,.J,'L. 01 -U-'Z I \.lW "~I ~L' ~ '"'::a; . ::> ...", <> I, ~ Ie \6 f'" .! I' .' ~. ~. . . . 4.. . I 'I' ~I ~ ,~~ vs. IN THE COURT OP COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA NO. 94- CP2Qq-CIVIL TERM REBECCA A. CLARK, PLAINTIFF DENNIS J. CLARK, DEFENDANT CIVIL ACTION - LAW IN DIVORCE .OTIC. YOU HAVJI: BE!N SUED IN COURT. If you wieh to defend againet the claim. Bet forth in the following pagel, you muet take prompt action. You are warned that if you fail to do 80, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may aleo be entered against you for any other claim or relief reque.ted in the.. papers by the Plaintiff. You may lose money or property or other rights important to you, including cU8tody or vi8itation of your children. When the ground for divorce is indignitiee or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION or PROPERTY, COUNSEL rEES OR EXPENSES BEFORE THE FINAL DECREE or DIVORCE OR ANNULMENT IS GRANTED, YOU KAY LOSE THE RIGHT TO CLAIM ANY or THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVJI: A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OrrICE SET PORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 DIANI. G. uocurr ATToaNI.y"n.uw _ T.INDU .GAD CAM. HILL, ." .1011 1 -, . ,. REBECCA A. CLARK, PLAINTIFF IN THE COURT OF COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA VB. NO. 94- -CIVIL TERM DENNIS J. CLARK, DEF!NDANT CIVIL ACTION - LAW IN DIVORCE COMPLAIn AND NOW, thiB ~ay of ~,Q'" ~ 19 q'-1 , comes the plaintiff, Reb~cca A. Clark, by her attorney, DIANE G. RADCLIFF, ESQUIRE, and files this complaint in Divorce of which the following is a statement: ~UI'f I I DIVORCa 1. The plaintiff, Rebecca A. Clark, is an adult individual residing at 7073 Carlisle Pike, Lot 139, Carlisle, Cumberland county, Pennsylvania, since 1984. 2, The Defendant, Dennis J. Clark, is an adult individual reeiding at 7073 Carlisle Pike, Lot 139, Carlisle, Cumberland County, Pennsylvania, eince 1984. 3. plaintiff and/or Defendant have been bona fide reaidents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4, Plaintiff and Defendant were married on September 1, 1984 at Mechanic,burg, penneylvania. DtANI. G, RADCLlfr ATTOaNlY,AT.J.AW _ '.'NDLI .O"D roAM' MII.1, ,Ai 11011 2 .. . , 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based are: (a) That the marriage is irretrievably broken. Or in the alternative, (b) That Defendant has offered such indignities to the person of the plaintiff, the innocent and injured epouse, as to render her condition intolerable and life burdensome, and that this action ie not collusive. Or in the alternative, (c) That the parties are now living separate and apart, and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at leaat two (2) years and that the marriage ie irretrievably broken. DUNI G. IADCurr ATrOaNIY,AT.UW _ .,..>lDU .OAD CAM. "II.L, ..... 1"11 3 .. '. WHBurORB, plaintiff request. th1a Honorable Court to entel:' a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully submitted, I DlANI G, a"DCLnr Al..0al'lIY.AT.UW _ U'''lIU .DAD CAll' HILL, f4 '"'' 4 " VlIlIPICA~IO. REBECCA A. CLARK verifi.. that the statements made in this Complaint are true and correct. REBECCA A. CLARK understands that falee statements herein are made subject to the penalties of 18 Pa. c.s. Section 4904, relating to unsworn falsification to authorities. ----~ ""-_/1 (:::/~C, . DIANI G, RADCLIff "TJOINlY."T,LAW _ nlNDLI 104D GAil' HILL, 'oO 11111 ~ IE ~ c-r, >.~ '" ,- .lr '.&' ~" ''''I ,'~, '<:~"''- ., ,~. . ~ ',,') iIJo,;; , 1: I', .~ , -'" './" "'" ... :a; ~3]~ ~i~; ~<!J , ,. . . . . , , . Till 19~, IUUUlIAG. ..ftl,-1I'1' AGU".T AGUIIMIII'1' made this r:!1/1!f!. day Of~' by and between U.ICCA A. CLARK ("WIFE") of Mechanicsburg, pennsylvania, and D."II J. CLJ.IUt ("HUSBAND") of Carlisle, Pennsylvania. W I If . . I I I If . I WBIUAl, the parties hereto are HUSBAND and WIFE, having been married Qn September 1, 1984 in Mechanicsburg, Pennsylvania, There was one child born of this marriage: Dennis J. Clark, Jr., born April 12, 1985; and WBIU.l.I, 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 1 the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIfE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and OIANI G, RADCLIff "nOaNIY."T.UW S+tI Ta'NDI.1 ROAD (:AiM' HILL, .,\ 11111 1 . all claims and possible claims by one againlt the other or againet their respective estates. .OW, TB.UrOD, in consideration of the premi.e. and 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 partiee hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows: 1. I.CO.PORATIO. OP P......LI. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully Bet forth in the body of the Agreement. 2. .O-FAULT DIVO.C.. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code in WIFE'S Cumberland County divorce action docketed to number 94-6299 Civil Term, filed on November 4, 1994. Upon the signing of this Agreement the parties shall execute and flle all documents and papers, including affidavite of consent, eo a divorce decree may be entered. bIAN! G, aAocurr AnOaNlY.AT.tAW _ TalNDlI aO"D CAM, HilL. ." 17.11 2 . 3. UIUl.....T TO .a I.CO.POIlAT.D I. DIVO.Ca Daea.. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them, but shall not m~rqe with such decree, each party maintaining contractual as well as court ordered remedies in the event of any breach of this Agreement. .. VOLU1ITUY ...CUTIO. JUI1) PAID.It- or AAU....IIT. Each party acknowledges that this Agr.eement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances. Further, HUSBAND acknowledges that he has been advised of his right to be advised by an attorney of his own choosing prior to entering into this Agreement and that he voluntarlly has decided not to retain such counsel, and further acknowledges that he has read or hftd a full and complete opportunity to read this Agreement that he understands his legal rights and obligations pertaining to the parties' marital relationship and the dissolution of the marriage. HUSBAND accepts said Agreement as being fair and equitable and states that his acceptance i. not based on any advice or representation made by WIrE'S DIANE G. aADCurr ATTOaNIY.AT.LAW _ Ta'I'lPI.1 aOAP (All' HIU" ,,, 11811 3 counsel, Diane G. Radcliff, Esquire, nor has any such advice and/or representation been given to HUSBAND by _aid counsel. s. DIICLOIURR"-O MAIYlR OF PROCIDURAL RIG.~'. Each party understands that he or she has the right to obtain from the other party a complete inventory or lilt of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by meanl of appraisals or otherwise. Both parties understand that they have the right to have a cour.t hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interest6, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. hereby waive the following procedural rights: Both partie_ DIANI G. .AOCLlff ATTOaNlY,AT,LAW S+tI '..NDLI 1040 CAM' Hill, ..... 17011 4 a. The right to obtain an inventory and appraisement of all mat"ital and non-marital property as defined by the pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party os provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the <:ourt determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that parties' non-marital property. f. The right to have the court decide any other rights, remedies, privilegee, or obligations covered by thie Agreement and/or arising out of the marital relationehip, including but not limited to possible claime for divorce, child or spousal support, alimony, alimony pendente lite (temporary DIANI G, .Aocurr 4nOaNIY.,\T.L4W _ ".'NOll .OAD CAM, Hill. 'A 11011 5 ;1 alimony) / equitable diBtribution, custody, visitation, and counsel fees, co.ts and exp.n.e.. f j, I " \ .. 'ROPIRTr DIVIIIO.. HUSBAND and WIFE do hereby acknowledge that they have previously agreed to a division of their property. With respect to said agreement the parties agree as follows: (A) HUSBAND shall receive and/or retain sole owner8hip of the following property as his sole and separate property: (1) any vehicle title in HUSBAND'S 801e name; (2) any bank accounts or deposits of mon.y held in HUSBAND'S sole name; (3) any retirement plan8 or account8 in which HUSBAND is the plan Darticipant; (4) all household goods and furnishings, tool. and personal effects in HUSBAND'S posse8sion; and (5) all insurance policies of which HUSBAND 18 the sole owner. I ~ l\ , t, ~i ! \, , " " 'j (B) WIFE shall receive and/or retain sole ownership of the following property a. her sole and separate pr.operty: (1) any vehicle title in WIFE'S sol. name; (2) any bank accounts or deposits of mon.y held in WIFE'S sole name; OtANI G, RADCLIff ATTORNlY"n.u,w ,... TlINDLI lOAD (All' Mill. 'A I"" 6 (3) any retirement plans or account. in which WIFE is the plan participant; (4) all houaehold goods and furr.iehinga, tool. and personal effects in WIFE'S poasession; and (5) all insurance policiea of which WIFE i. the sole owner. (C) The parties' jointly own~d mobile home ahall become the sole and separate property of HUSBAND, subject to the following terms and conditions: (1) Since the title to the mobile home is held by the purchase price financing bank, WIrE shall execute a power of attorney authorizing HUSBAND to sign her name to the title so as to transfer title to the mobile home into his sole name upon payment in full or refinancing of the loan owed to the financing bank under which WIre: is liable. This power of attorney shall be held in escrow by WIrB'S attorney and shall be delivered to HUSBAND upon HUSBAND providing proof that the financing loan haa been satisfied or upon HUSBAND'S securing a liability releaa. for WIPE of her obligations under that debt. DIAHI G, .ADCurr ATJOaNIY.AT.l,o\W _ UINDLI ROAD (AM' HII.L. ,.. 11'" 7 . . (2) HUSBAND ahall keep the mobile home in good maintenance and repair, keep it properly insured, and shall keep it free and clear of all further liens and encumbrances excepting the existing lien of the purchase price finance debt and ehall promptly pay when due the costs of maintenance, insurance, taxes, and all installments due under the purchase price financing debt and shall indemnify WIFE therefrom. To protect WIFE'S credit and rights herein provided, WIFE shall have the right and option, but not the obligation, to contribute to the costs and expenses aforesaid in the event HUSBAND fails to promptly pay the aerne when due and, if WIFE exercises said right, HUSBAND shall immediately reimburse WIFE for her contributions together with interest thereon at the rate of one ( 1\) percent per month until said reimbursement is made. (3) Within three (3) years of the date of this Agreement, HUSBAND shall apply for refinancing of the purchase price financing debt in his sole name so as to secure a release of all liability of HJrE thereunder. If HUSBAND is unable to obtain such DIANI (1. RADCLlrr "nO.HU.,n.LAW _ TlllNllU AOAll ClAM' HIli., 'A "0" 8 refinance at that time, HUSBAND ahall reapply for said ref inancing every two (2) years thereafter until the refinancing is secured or until the debt is paid in full. (4) Should HUSBAND fail to make the required monthly installments due under the purchase price debt or should he fail to pay for the expenses for maintenance, insurance and taxes and becomes two ( 2 ) months delinquent in any of the aforeaaid payments, regardless of whether or not WIrB has made contributions to said expenaes pursuant to her option set forth in subparagraph (C)(2) above, or should he permit other liens and encumbrances to attach to the mobile home and should fail to satisfy the same within two (2) months then, in such event and at WIFE'S request, the mobile home shall be listed for sale, which listing ahall include, if reasonable under the circumstancea, the employment of a qualified selling agent for purposes of marketing and selling the mobile home. The parties shall accept any roaaonable offera to purchase the mobile home, which for purpoeea of this Agreement shall be deemed to be any offer to DIANI. G, UDeLlrr AnOaNIY.AlT.UW _ T.INDU .OAD CAN' Hill, ,,, 11111 9 purchase which result in the payoff of the existing loan balances on the mobile home, together with any amounts neceuary to reimburse WIF! for any contributions made by her after the date of this Agreement on account of said loan., maintenance, taxes and insurance at the time the offer to purchase is made, if WIFE desire. the inclusion thereof in the sales price. upon settlement the proceeds shall be applied first to all normal and reasonable settlement costs including, but not limited to the payoff of the then existing loan balances and the payment of any selling commissiond; then to WIFE for an amount necessary to reimburse her for her contribution. aforesaid; and then to HUSBAND for the remainder of the proceeds, if any. If the proceeds are insufficient to reimburse WIFE for her contributions aforesaid, HUSBAND shall nonetheless be required to make said reimbursement from hi. separate funds in accordance with the provi.ion. of subparagraph (C)(2) above. (5) The mobile home shall continue to be held in joint ownership by HUSBAND and WIrE with right. DIAN! G, RADCUff ATToaNIt.AT.UW _ T_INDLI _OAD U'" HILl, fA 11011 10 of survivorship until the purchase price debt is refinanced by HUSBAND into his sole name or paid in full. Said joint ownership shall not be deemsd to otherwise affect or impair the right. and obligations set forth in this paragraph, except to the extent that if one party dies the other party shall be vested in sole title and ownership to the mobile home, subject to the purchase price financing herein set forth. 7. APTIR-ACQUIRlD PROPIRTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, with or without non-marital a..ets, since November 9, 1994, the date of the parties' separation, with full power in him or her to dispose of the same a. fully and effectively, in aU respects and for all purpose., as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph. 11 , ' e. MJ.RI~J.L D..~.. The parties acknowledge that they have previoualy divided the obligations and payments requir~d thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall indemnify, protect and aave the other party harmless therefrom. 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 agrees to pay it as the 8ame shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debt8, obligations and liabilities. From the date of execution of thi8 Agreement, each party shall use only those credit carda and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 9. MAIYlR or I...RI~~C.. Each of the parties hereto does specifically waive, ralease, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to the estate of the other party and any inheritance of any kind or nature whatsoever previously or in the future received by DIAN~ G, uocurr "nOaNIY.,n.L.\W s.HI TalNDU ROAD tAlIIP HILL, U .1011 12 , ' ., or from the other party. The provision. of this pa~~graph ahall not be deemed to prevent either party from hereafter executing a will, trust agreement or life insurance policy beneficiary designation conferring upon the other party a benefit upon that party's death and any auch will, truat agreement or life insurance policy beneficia&y designation executed hereafter shall be binding and enforceable, notwithstanding the provisions of this Paragraph. 10. ...UUPTCY. The parties hereby agree that the provisions of thi. Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the divi.ion of the parties' marital assets and all other right. determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 11. lacONl '10 PRIO... UW"'.. The parties have heretofore filed joint federal and .tate returns. Both parties agree that in the event any deficiency in federal, state or local income! tax ia proposed, or any DUNl G, ."DCLur ATJOINlY.AT,I.AW _T.INDLl.O~D CAM' "n.l. 'A. 17111 13 a..e..ment of any .uch tax i. made again.t either of them, each wUl indemnify and hold harmle.. the other from and again.t any lo.s or liability for any .uch tax deficiency or a.sessment therewith. Such tax, interest, penalty or expenee shall be paid solely and entirely by the individual who i. finally determined to be the cause of the misrepreeentation. or failures to disclose the nature and extent of his or her separate income on the aforesaid joint return.. 12. WAIVliR or ALIMOln, ALIMO.Y ...Dln. LI'1'., 'I'OU'AL 'UPPOR'1'. MAIII'1'.....C. DO CO''1'I. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, again.t the other for alimony, alimony pendente lite, .pou.al support, maintenance, counsel fees and co.ts. 13 . CU''l'OOY. WIFE shall have primary custody of the parties' minor son, Dennis J. Clark, Jr. HUSBAND shall have right. of partial custody of the son at such times as the partie. shall mutually agree. U. WAIVliR 01. IIOOIrlCJ.'1'IO. '1'0 I. IR "1'1'1.0. No modification or waiver of any of the term. hereof ehall be valid unl... in writing and .igned by both parti.. and no waiver of any breach hereof or default hereunder .hall DlANI G, a,\!)(;u rr ATrOaNlY,U.I.AW _ TlINDI.I .O~D CAlf' Hill. P4 .1011 14 be deemed a waiver of any subsequent default of the same or ,similar nature. 15. ~AL CooPBRATIOa. Each party shall, at any time and from time to time hereafter, take any and all ateps and execute, acknowledge and deliver to the other party, any and all f.urther instrument. and/or document that the other party may reasonably require for the purpoee of giving full force and effect to the provisions of this Agreement u. AOUBMBIIT III.DI.O OB .BIRI,. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 11 . I.TaORATIO.. This Agreement conetitutes the entire understanding of the parties and supersedes any and all prior agreementa and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 11 . 0'1'.8. DOCUMBIIT.l.TIOB. WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor) , execute any and all written instruments, assignment., releases, satisfaction., deeds, notes, .tock OIANI G. ."ocLlrr "nOaNIY,AT.LAW _ nlNDlI .OAD CAllI, Hill, PA "'II 15 . , certificates, or such other writing. as may be nece.sary or desirable for the proper effectuation of thi. Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terns of this Agreement. It. BBACH. If for any reason either HUSBAND or WIFE fails to perform his or her obligations hereunder to the other spouse, and the other spouse incurs any expense thereby (including but not limited to legal fees and costS) in enforcing hiB or her rights, the non-breaching party shall have the right, at hil or her election, to sue in law or in equity to enforce any rights and remedies which the party may have and the spoule who failed to perform the obligations agrees to indemnify the other spouse and hold him or her har.mless from any and all luch expenses. 20. .RVlRABlLlTY. If any term, condition, clause or provilion of thil Agreement shall be determined or declared to be void or invalid in law or otherwiee, then only that term, condition, claule or provilion Ihall be stricken from thil Agreement and in aU other relpects this Agreement shell be valid and continue in full force, effect and operation, Likewi.e, the DIAl'll G, .ADCLlff ATrOINIY..o\T.UW _ TlINDLI .OAD c......, Hill. ... 17011 16 . . failure of any party to meet his or her obligationa under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligationa of the partie.. 21. LAW OF P....WLV"IA APPLICABL8. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 22. BIUI.O. lOT 'UT OF AOUlMRft. Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agre1ment nor. shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND BACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF 'l'HIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. II WI~... ".UOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: '- (SIAL) DIAH! Q, IlADCurr ATTOaNIY.AY.UW _UllllllUJOAD CAli' HILL, .. 11111 17 , ' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this the .-f}(ti!J day of lint1JL,(lJ, , 19~, before me the un~gned off(c~f,' personally appeared, REBECCA A. CLARK, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purpoae8 therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial 8eal. COMMONWEALTH OF PENNSYLVANIA Notan", SoaI ~,Z,S/'Iah"",NulJo!y",blc .., c wx1Wp" C"'''llr>nnnrJ r""'n!\r ""1 .OllltnlS&lon F.~rl:!3 July 3. 1998 SS. COUNTY OF CUMBERLAND On this the /r/.l}.. day of /rYI !1/U1.ltJ , 19~, before me the undersigned officer, per80nally appeared, DENNIS J. CLARK, known to me (or satisfactorily proven) to be the per80n whose name i8 sub8cribed to the within Agreement, and acknowledged that he executed the 811me for the purp08e8 therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. (JIw Jta~ P. BtIC NotA^"' geeI """" Z, S/'I."&n. NolNy "'blc MIot~I~80)l ~., C11mtwtandCOUntv MyCumlrllSlllOnE"I1llllllJUly3,100!l DIANI G, aAOCLnr "nOaNIY.AT,LA"" _UINDU lOAD (;AM. HIL1.. ,,, "It. 18 . . . t " ~ '. , RlBECCA A. CLARK, PLAINTIFF IN THE COURT OF COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-6299 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE V8. DENNIS J. CLARK, DEFENDANT CIRlIrICJ.II or IIRVICI I hereby certify that a true and correct copy of the Complaint in Divorce has been served upon the Defendent, DENNIS J. CLARI(, Certified Hail, Restricted Delivery on the 8th day of November, 1994.. The return receipt i8 attached hereto as Exhibit "A" and made a part hereof. Respectfully submitted, DIANE G, RADCLIff ""OaNlY.n.LAW _ TIINDLlIOAD CAMP HlU, fA 11011 Z 30S 7'~3 LOI] .. . 2: Receipt for . Certified Mall No Illt!UU1I1Ctt CO\lern\Ju prO\lllh,d ~llr4'~\ 00 nflt WUJ for InllltlHHltHlal Mell lSolJ Ae'JfH8ll1 . _ 8! ~ I I ! """""'" r: ';\lIl".l"ltl""","" """"T""':"'1";",;"" 1'"llJl" ".",.,tl '.,., V''''.'I 11)1,\1 i,'"",I" ....,.."., "ii'~/'" .....j ..'....r..._.__ I ......: " -, 'f.~_l ____H, , I'~'-"'''''' ,., I " . ,.. yeur ....., Md ....... on ... rtVWH .flNe r.nn. to .... .e ... , -....-.-. . A.................. ""'.,............... or .,.1teM If...., '-.........., I . ......Nlttum"""""~ Uj.......,.....MIow................ , ",._......IIIlI_._..._ItwH_......_ 'I ~~ c.a..,t. =. c.,III4.' c,t.:,... u". ~ '''0 ~~.- ~. ~A . , I . (, , 11Io wIIIt lO,....... ... '...... ....... "., III ..... "":' , ,. 0 AM. 1111"'" .v.& _ '___'14 DOMII1'IC M'MIN MCI DIANE G, RADCLiff ATlORNlY.AT.LAW S+tIl'aJNDLI ROAD CAMP HILL. 'A 11011 EXHIBIT "A" . . . , OIANI. C. UDeLlrr ATrOaNIY.AT.LAW _ nl"DU lOAD CAlli. HILL, 'A "1" . .' . REBECCA A. CLARK, PLAINTIFF IN THE COURT OF COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-6299 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE vs. DENNIS J. CLARK, DEFENDANT J.rrIDAVIT or CO. lilT TO DIVVI'I &liD IO.-'UTICI'ATIOII II COUIIIILIao 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 4, 1994. 2. Defendant acknowledges that service of the Complaint was made by certified mail/restricted delivery on November 8, 1994. 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. Being so advised, I do not request that the Court require counseling prior to a Decree in Divorce being handed down by the Court. 5. I consent to the entry of a final Decree in Divorce. 6. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. I verify that the statements made in this Affidavit are true and correct, I underatand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: g~ I 1- 9 C; o~~~A~~/ D S J. CLA~ ~ ~ . E ~ C"') s:::s . ,..~ "'.... .r", ..... -;~, J4j(.'\.., '> ~~u~,. ~.:I.~I- ~.~ '.. ". ,.,1 ,....(/1, - -"J! '.....or. I~"U.J ...i. ~14ln. ,.x :::> ...... o , " . . . " . REBECCA A. CLARK, PLAINTIFF vs. IN THE COURT or COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-6299 CIVIL TERM DENNIS J, CLARK, DEFENDANT CIVIL ACTION - LAW IN DIVORCE J.rrlDAVlT or CO....T 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code WAS filed on November 4, 1994. 2. The marriage of Plaintiff and Defendant h irretrievably broken and ninety (90) daye have elapeed from ttle date of filing the Complaint. 3, I consent to the entry of a final Decree in Divorce. 4, I understand that if a claim for alimony, alimony pendente lite, marital property or counael feea or expensea has not bee filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost, I verify that the statements made in this Affidavit are true and correct. I understand that false atatemente herein ace made aubject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authoritiea. Dated: ~ \~o \"""~' , . ~'A~C , DIAHI G, UDeLl" A"OaNlY.n.tAw _ TlINDLI 104D CA... Hilt. fA 11111 ~,_. ,. !' I .' i , ( " , fI E 0:0 '" (Y) ;1: I I I f. i ~ J! ~.. ....... .... ~11; .... I.I.J. ...-) ~.., ~ u.;a......r, \: <<.,C'l ,I'. :"j ::~,'.:~ "'", '", ,;' ~j Z .. J.;q.)~ I'~ ;;> :tir.} ';,' " " ..