Divorce - Clayton, Bruce I_6/14/2007.., : - _ -. __ _,... _. ��
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STATE OF INDIANA
COUNTY OF GIBSON
IN RE THE MARRIAGE OF
PHYLLIS J. CLAYTON,
Petitioner,
BRUCE I. CLAYTON,
Respondent.
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IN THE GIBSON CIRCUIT COURT
CAUSE NO. 26CD01-0512-DR-0163
SUMMARY DISSOLUTION OF MARRIAGE DECREE
(January 23, 2006)
Comes no�v the Petitioner/Wife, Phyllis J. Clayton (hereinafter "Wife"), by her
attorney, Gregory D. Stiefvater of the Bob Zoss La�v Office, and the Respondent/Husband,
Bruce I. Clayton (hereinafter "Husband"), pro se, and as evidenced by the parti�s'
signatures hereon. The Court NOW FINDS that this cause has been duly filed and
pending for more than sixty (60) days last past; that one or both of the parties have been
continuous residents oi Gibson County for more than three (3) months and of the Stat2 of
Indiana for more than six (6) months immediately prior to the commencement of this
proceeding; that the Husband has been served evith notice of the pendency of this cause;
that both parties have submitted to the jurisdiction of this Court and further stipulate that
this Court has in rem jurisdiction over the marriage of the parties; that the Wife is not
pregnant; that the parties have filed their verified pleading waiving Final Hearing and their
�vritten agreement made in accordance �vith Indiana la��r that this Court no�v has
jurisdiction of the parti�s hereto and the subject matter hereof; that the material allegations
of the Wife's Petition for Dissolution of Ntarriage are true and that there has been an
irretrievable breakdo:^m in the parties' marriage relations; that the Court should no�v issue
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its Summary Dissolution Decree herein dissoiving the parties' marriage.
And the Court does further find that ail issues framed by the_pleadings are
justiciable herein relating to (a) the parties' property; (b) their separate liabilities for the
payment of debts and obligations; and (c) the costs and expenses of this proceeding,
including attorney fees, as well as all other incidents of their marriage and the dissolution
thereof have been fully and freely negotiated and fully agreed upon by each of the parties
hereto.
The Court, having considered the parties' aforesaid agreement, the provisions oi
Indiana Code relating to the desirability of property settlement agreements, the disposition
of marital property and other relevant factors, does NOW FIND that the parties' said
agreement ��ias entered into freely and voluntarily; that each of the ierms and provisions
of the aforesaid agreement should noUi be approved, ratified and confirmed by the Court
and incorporated in the Decree; the parties in �+�riting have each moved the Court to
incorporate and merg= their agreement �-vithin and as a part of this Decree by reciting and
stating the same herein verbatim, and each have evidenced their acceptance and approval
of the terms and provisions of said agreement as herein stated by endorsing their personal
approval upon this Decree.
And the Court does no�v make and enter its Summary Dissolution Decree herein in
accordance 4vith its a�oresaid findings and the parties' aforesaid agreement.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED by
this Court as folloN�s:
REAL ESTATE: That the Wife shall be the o�vner of the parties' former marital
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residence located at 427 Cherry, Patoka, Gibson County, Indiana, free and clear of any
ciaim by the Husband and the Husband shall execute and deliver a Quit Claim Deed
transferring all of his right, title and interest therein to the Wife. Provided, however, that
the Wife shall be responsible for payment of all debts and expenses relating to her
continued ownership and occupancy of said real estate including, without limitation, r2al
estate taxes, insurance and utilities in a timely manner and shall hoid the Husband
harmless from payment thereof.
PERSONAL PROPERTY: That the parties shall attempt to equally divide by value
their personal property consisting of furniture, furnishings, appliances, personal effects,
clothing and je�velry in a mutually agreeable manner and those items now in the Wiie's
possession shall be her sole and separate property, free and clear of any claim by the
Husband and those items in the Husband's possession shall be his sole and separate
property, free and clear of any claim by the Vdife. Provided, ho�vever, that both parties
have continued to reside in the former marital residence during the pendency of this action
and the Husband shall have thirty (30) days after he vacates the premises �vithin which to
remove his designated personal property.
VEHICLES: That the Wife shall be the o�vner of the 2000 Chevrolet Prism
automobile, free and clear of any claim by the Husband and the Husband shall execute
and deliver any instruments necessary to effectuate the transfer of title to said vehicle to
the Wife. There is no purchase indebtedness against said vehicle. Provided, ho�vever,
that the �Vife shall be responsible for payment of any debts or expens�s occasioned by her
continued ownership and use of said vehicle and shall hoid the Husband harmless from
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payment thereof.
That the Husband shall be the o�vner of the 1990 Toyota Corolla automobile, free
and clear of any claim by the Wife and the Wife shall execute and deliver any instruments
necessary to effectuate the transfer of title to said vehicle to the Husband. There is no
purchase indebtedness against said vehicle. Provided, however, that the Husband shall
be responsible for payment of any debts or expenses occasioned by his continued
o�vnership and use of said vehicle in a timely manner and shall hold the Wife harmless
from payment thereof.
INDEBTEDNESS: That each party shall be responsible for payment of his or her
own separate indebtedness standing in his or her own individual separate name since the
filing date of the Petition for Dissolution of Marriage, and each party shall hold the other
party harmless from payment thereof.
BANK ACCOUNTS: That each party shall be the o�vner of his or her own separate
checking, savings or other bank accounts and all amounts on deposit therein standing in
his or her individual name, free and clear of any claim by the other.
PENSION SAVINGS AND RETIREMENT BENEFITS: That the Husband is
vested in a certain pension �vith his former employer, """`. The Court hereby issues its
Qualified Domestic Relations Order in a separate document setting off and awarding to the
Wife ""% thereof and setting off and awarding to the Husband """0/o thereof as of this
date. The Court hereby retains jurisdiction over this matter for the purpose of issuing such
further Orders as may be necessary so that said Qualified Domestic Relations Order
complies �vith all requirements oi federal and state laev and further complies with the
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reasonable requirements as may be imposed by the plan administrator.
RESTORATION OF MAIDEN NAME: That the Wife has requested restoration of
her maiden name of "Phyllis Jean Overton" and the Court therefore restores to the Wife
said maiden name and from and after this date she shall legally be known by said name
and the Court therefore restores to the Wife said maiden name and from and after this
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da±e she shall legally be known by said name.
ATTORNEY FEES: That the Husband shall be responsible for payment of 5400
of the Wife's attorney fees to Robert E. Zoss, Sr„ one-half (Yz) payable within thirty (30)
and the remaining one-half (Yz) payable �vithin sixty (60) days and shall hold the Wife
harmless from paym2nt thereof. The Wife shall be responsible for payment of the
remainder of her attorney fees incurred in connection �vith this action and shall hold the
Husband harmless from payment thereof.
VOLUNTARY EXECUTION: The parties in this cause ackno:��ledge that each is
making this settlement agreement by his or her own N�ill and volition and in an effor� to
amicably reach an agreement ���hich �vill be in the best interest of the parties. They
acknoevledge hereby that no coercion or undue influence has been used against either
party in the making of this settlement agreement.
RELEASE: Each party does hereby release and discharge the other from all other
claims, rights and duties arising out of said marital relationship, and said parties mutually
agree that each party hereto may freely sell, encumber or othervvise dispose of his or her
o�vn property by gift, bill of sale or a last will and testament, except as specifically set out
herein. Each party is by these presents, hereby barred from any and all rights or claims
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by way of inheritance, descent and distribution, all rights and claims as widow, widower,
heir, distributee, survivor or next of kin, and all other rights or claims whatsoever in or to
the estate of the other, whether real or personal and whether now owned or hereinafter
required which may, in any manner, arise or occur by virtue of said marriage.
EXECUTION OF DOCUMENTS: That each of the parties are to be and they hereby
are ORDERED to give full force and effect to each and all of the terms and provisions of
this Decree and upon reasonable request execute and deliver to the other or any other
appropriate person any assignm2nts, bills of sale, certificates of title, deeds, releases or
other documents that may be reasonably necessary to evidence their compliance �vith
each of the terms of this Decree.
FULL DISCLOSURE: That both parties ackno�vledge that they have made a full
and complete disclosure of all assets and liabilities of the marriage, that they have not
transferred, encumbered, concealed ordisposed of anysuch property during the pendency
of this action and in a�l respects have acted openly and honestly in respect to such issue.
DISSOLUTION OF THE MARRIAGE: That the marriage of the parties hereto be,
and it is hereby, adjudged dissolved and the parties be, and they hereby are, restored to
the status of single persons.
The Court therefore enters its Summary Dissolution of Marriage Decree under
Indiana Code 31-15-2-13.
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SO ORDERED this day of
APPROVED AS TO FORM AND CONTENT:
Phyllis J. Clayton,
Petitioner/Wife
Gregory D. Stiefvater, Atty. �25818-82
Bob Zoss La�^� Office
2405 N. Green River Road
Evansville, IN 47715
Telephone: (812) 471-8502
Attorney for PetitionerMlife
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Walter H. Palmer, Judge
Gibson Circuit Court
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Bruce I. Clayton, pro se
RespondenUHusband