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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF
LARRY E. SOUDER,
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Plaintiff
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VERSUS
SUZANNE M. SOUDER,
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PENNA.
No. 2000-1095
Defendant
DECREE IN
DIVORCE
NOW'~ 20
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AND
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DECREED THAT
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AND
A ~~)2-~
2000 IT IS ORDERED AND
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LARRY E. SOUDER
, PLA(NT(fF,
SUZANNE M. SOUDER
, DEFENDAN_T,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The parties' Marital Property and Settlement Agreement dated May
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30, 2000 shall be incorporated but not merged into this Divorce
Decree.
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By THE COURT:
J.
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PROTHONOTARY
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LARRY E. SOUDER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYL VANIA
vs.
CIVIL ACTION - LAW
SUZANNE M. SOUDER,
Defendant
NO. 2000-1095 CIVIL TERM
IN DIVORCE
MARITAL PROPERTY AND SETTLEMENT AGREEMENT
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TIlls Agreement, made and entered into this _"=3i/ day of /111 Y , 2000,
I
between Snzanne M.' Souder, presently residing at 300 Long Meadow Street, Mechanicsburg,
Cumberland County, Pennsylvania, hereinafter referred to as "Wife," and Larry E. Souder,
presently residbg at 390 Heisey Road, Mechanicsburg, Cumberland County, Pennsylvania,
hereinafterreferred to as "Husband."
WHEREAS, the parties hereto are now Wife and Husband, having been lawfully manied to
each other on November 18,1972 b Lebanon County, Pennsylvania; and,
WHEREAS, certain differences have arisen by and between the parties as a result of which
they have now separated and the parties hereto are desirous of settling fully and finally their
respective financial and property rights and obligation as between each other bcluding, without
limitation by specification: 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 of Wife; and in general, the settlbg of any and all claims and possible claims by one
against the other or against their respective estates; and,
WHEREAS, both and each of the parties hereto have been advised of their legal rights and
the implications of this Agreement and the legal consequences that may and will ensue from the
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execution hereof, and each has had the opportunity to consult with his or her own competent legal
counsel bdependent of each other; and,
WHEREAS, each party warrants, as part of the consideration of this Agreement, that each
has fully and completely disclosed all information of a fInancial nature requested by the other, and
that no information of such nature has been subject to distortion or in any manner being
misrepresented; and
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WHEREAS, other than as set forth herein, Wife desires fInally and forever to relbquish all
of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or
inchoate, b and to the real and personal property of the Husband, now owned by him or which in
the future may be owned by him, and all rights to counsel fees, or expenses and other than as set
forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or
surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and
personal estate of the Wife, currently owned by her or which she may own in the future;
NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby
mutually agree as follows:
I. Advice of Counsel. Husband and Wife acknowledge that they have been given the
opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their
legal effect in advance of the date set forth above to pem1.it such bdependent review. Each party
acknowledges that he or she has had the opportunity to receive independent legal advice from
counsel of his or her selection, and that each fully understands the facts and has been fully informed
as to his or her legal rights and obligation, and each party acknowledges and accepts that this
Agreement is, and under the circumstances, fair and equitable, after having the opportunity to
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receive such advice and with such knowledge, and that execution of this Agreement is not the result
of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges
that he or she has had the opportunity to be fully advised by his or her respective attorney of the
impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all
marital rights of the parties incIudbg divorce, alimony, alimony pendente lite, equitable distribution
of all marital property or property owned or possessed bdividually by the other, counsel fees and
costs of litigation and, fully knowing the same and hamg the opportunity to be fully advised of his
or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging
that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and
waives his or her respective right to have the Court of Common Pleas of Cumberland County, or
any other court of competent jurisdiction, make any determination or order effecting the respective
parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital
property, counsel fees and costs of litigation.
2. Separation. Husband and Wife do hereby mutually agree and consent to live
separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times
hereafter to live separate and apart from each other, and to reside, from time to time, at such place
or places as they respectfully shall deem fit, free from any control or restraint or interference, direct
or indirect, by each other.
3. No Molestation, Harassment or Interference. Neither party shall molest, harass
or bterfere with the other or compel or endeavor to compel the other to cohabit or dwell with him
or her by any means whatsoever.
4. Mutual Property and Estate Waiver. Except as otherwise expressly set forth
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herein, in which event such express provision shall take precedence over this paragraph, the parties
hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights
in the property or estate of the other, and to that end both parties waive, reli11quish, and forbear the
rights of dower or curtesy, rights to bherit, rights to claim or take the Husband or Wife's or family
exemption or allowance, to be vested with letters of administration or letters testamentary, or to
take against any will of the other, and each agrees with the other if either should die intestate, his or
her share shall descend to vest i11 his or her heirs at law, personal representatives, and next of kin,
excluding the other as though he or she had died a widow or widower. And each further agrees that
should the other die testate, his or her property shall descend to and vest in those persons set forth in
the other's Last Will and Testament as though the spouse so designated as beneficiary had
predeceased the testator. The parties further agree that they may and can hereafter, as though
umnarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real
estate and personal property which either of them now or hereafter own or possess and further agree
that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so.
The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of
this power hereby given be necessary, the right and the power to appoint one or more times any
person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the
other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit
claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her
real or personal property, but without any power to impose personal liability for breach of warranty
or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22
of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an
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equitable distribution of married property ordered by the Court pursuant to Section 3502 of the
Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any
legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or
otherwise for the other, and to that end each of the parties hereto does hereby waive any rig,.l-J.t to
receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial
assistance whatsoever from the other, except as otherwise expressly provided for herein.
5. Division 'ofPersonal Property.
The parties agree that they have divided their personal property includbg all household
items, to their mutual satisfaction b accordance with the division of property attached hereto as
Exhibit A. Other items not listed on Exhibit A but in the respective parties' possession at the time
of the signing of this Agreement shall become and remain the bdividuaI property of that party, with
the other party waiving any and all claims or interest in said property.
AUTOMOBILES: Further, the parties have agreed that Wife shall retain possession of the
1990 Honda, and Husband shall retain the 1986 Chevrolet SlO pickup truck and the 1969 Ford
Mustang. The parties agree to execute any and all documents necessary to transfer the vehicles to
the respective owner.
BANK ACCOUNTS: The parties hereby agree that all bank accounts have been divided to
the parties satisfaction.
MUTUAL FUND: The parties agree that Wife shall take possession of the Snlith Barney
account and it shall be her sole and bdividuaI property hereinafter. Husband agrees to execute all
documents necessary to effectuate the transfer.
LIFE INSURANCE: The parties agree that Husband shall retain the term life insurance
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policy presently in his name and may treat it as his sole and individual property hereinafter.
From and after the date of the signing of this Agreement both parties shall have complete
freedom of disposition as to their separate property which is in their possession or control pursuant
to this Agreement and may mortgage, sell, grant, conveyor otherwise encumber or dispose of such
property, whether real or personal, whether such property was acquired before, during or after
marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed,
mortgage, or other instrument of the other pertaining to such disposition of property.
6 . Debts. The parties acknowledge that once the mortgage on the marital
residence, which is expected to be satisfied with the sale of the marital residence, no other
marital debt exists.
7. Future Debts. The parties further agree that neither will incur any more future
debts for which the other may be held liable, and if either party incurs a debt for which the other
will be liable, that party incurring such debt will indemnifY and hold the other harmless from any
and all liability thereof.
8. Real Property. It is hereby acknowledged by both parties that they are the co-
owners of real property located at 300 Long Meadow Street, Mechanicsburg, Cumberland
County, Pennsylvania, which has a mortgage thereon in both parties' names. The real property is
presently under contract for sale and said sale is expected to settle on May 30, 2000. The net
proceeds from the sale of the house shall be distributed as follows: Wife shall receive
$32,000.00; Husband shall receive the remaining amount. Any proceeds from the sale of
personalty from the house shall be divided equally among the parties. The parties shall also
share any escrow or insurance refunds related to the resale.
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Husband and Wife agree to cooperate and to sign any and all documents necessary to
accomplish the transfer of the real property.
9. Support, Alimony and Alimony Pendente Lite. Both parties agree to waive any
present or future rights to spousal support, alimony and alimony pendente lite.
10. lRAs: It is acknowledged that the parties own separate IRA accounts in the
following approximate amounts: Husband $26,805.99; Wife $5,148.68. The parties agree that
the IRA account shall be equalized among them by transferring an amount from Husband's
account into wife's account.
11. Retirement: The parties acknowledge that Wife has a retirement account through
her employment with the Presbyterian Home in the approximate amount of $26,330.20 and
Husband maintains through his employment a 401K account in the approximate amount of
$5,011.56. The parties agree that Husband shall retain sole ownership of the 401K account. The
parties further agree that a Qualified Domestic Relations Order (QDRO) be entered dividing
equally among the parties the present value of Wife's retirement account.
12. Counsel fees. Each party agrees that they shall pay their respective counsel fees.
13. Divorce. The parties acknowledge their intention and agreement to proceed in an
action in divorce to obtain a final decree in divorce by mutual consent on the grounds that their
marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either
party in any divorce action. The parties agree to execute any and all documents necessary for the
entry of a fmal divorce decree.
14. Breach. In the event that either party breaches any provision of this Marital
Property and Settlement Agreement, he or she shall be responsible for any and all costs incurred to
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enforce the terms hereof, including, but not limited to, court costs and reasonable cOWlSel fees of
the other party. In the event of breach, the other party shall have the right, at his or her election, to
sue for damages for such breach or to seek such other and additional remedies as may be available
to him or her.
15. Enforcement. The parties agree that this marital settlement agreement or any part
or parts hereof may be enforced in any court of competent jurisdiction.
16. Applicable Law and Execution. The parties hereto agree that this marital
settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and
shall bind the parties hereto and their respective heirs, executors and assigns. This document shall
be executed as original and multiple copies.
17. The Entire Agreement. The parties acknowledge and agree that this marital
settlement agreement contains the entire understanding of the parties and supersedes any prior
agreement between them. There are no other representations, warranties, promises, covenants or
understandings between the parties other than those expressly set forth herein.
18. Incorporation and Judgment for Divorce. In the event that either Husband or
Wife at any time hereafter obtain a divorce in the action for divorce presently pending between
them, or otherwise, this agreement and all of its provisions shall be incorporated into any such
judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce,
shall retain the right to enforce the provisions and terms of this marital settlement agreement.
19. Additional Instruments. Each of the parties shall on demand or within a
reasonable period thereafter, execute and deliver any and all other documents and do or cause to be
done any other act or thing that may be necessary or desirable to effectuate the provisions and
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purposes of this Agreement. If either party fails on demand to comply with this provision, that
party shall pay to the other all attomey's fees, costs, and other expenses reasonably incurred as a
result of such failure,
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year frrst
written above.
WITNESS:
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PRES6YTE~Y ~~~~L~
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Souder Division of Marital Property
5/16/00
Lany
Grill
Saw Horses
chain saw
riding mower
push mower
gas cans
antique lanterns
1 tyNCR/stand from basement
Hoover vacuum
metal clothes closet
little microwave
antique chair with yane seat
1 large crockpot w!removal crock
ironstone dishes
I garbage can
2 lamps from the attic
livingroom 5Ofalloveseat
hand tools
other items previously agreed upon
glasses
air compressor
iron
rocker on porch
sattelite dish
Suzi
small ladder
3 cubby bookcase/small bookcase (basement)
my books/music
bookcase (living room)
2 rockers (living room)
2 tables & stool (living room)
stereo
dry sink
lithographs/artwork given to me
pole lamp (living room)
computer/accessories
piano ane! instruments
plllStic she.1ving (basement)
washing machine
Fantom vacuum
ironing boardflI'Ol\
sewing machine
lingerie chest (basement)
vanity/stool!mirror from kitchen
silverwarelCorelle dishes
club aluminum pots/pans
Crockpot wi removeable crock
bread machine
microwave/ convection oven
cranberry crown stemware
1 bookcase (Colleen's room)
2 nightstands (Colleen's room)
2 lamps (Colleen's room)
I mauresslbox spring (Jeremy's room)
other assorted small applianceslkitchen utensils
Christmas onwnents
Precious Moment!/Ami Angel collection
family antiques
my tool box and band tools
all other things previously agieed upon
It was agreed that linens and duplicates of cooking utensils/pans will be divided,
To be given to our son, Jeremy:
large aluminum ladder
lawn tools
sII1J1!1 snowblower
dolly
microwave cart on porch
EXHIBIT A
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LARRY E. SOUDER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 2000-1095 Civil Term
SUZANNE M. SOUDER,
Defendant
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 ~3301( c) of the Divorce Code.
2, Date and manner of service of the complaint: United States Mail, Certified Mail,
Restricted Delivery on March 3, 2000.
3, Date of execution of the affidavit of consent required by S 3301(c) of the Divorce
Code: by Plaintiff: June 9, 2000; by Defendant: June 8, 2000.
4. Related claims pending: All matters have been resolved pursuant to the Marital
Property and Settlement Agreement reached by the parties dated May 30, 2000 and
incorporated, but not merged into the Decree.
5, Date Plaintiffs Waiver of Notice in S33 0 1 ( c) Divorce was filed with Prothonotary:
June 12,2000, Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with
Prothonotary: June 15, 2000.
arbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717)-774-1445
Supreme Court II) #32317
Attorney for Defendant
Dated: June 14, 2000
-"
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LARRY E. SOUDER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CillvIBERLAND COUNTY, PENNSYLVANIA
v,
NO. 2000-1095 Civil Term
SUZANNE M, SOUDER,
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true
and correct copy of the foregoing Plaintiff's Praecipe to Transmit Record, in the above-
captioned matter upon the following individual by first class mail, postage prepaid, addressed as
follows:
Jacqueline M. Verney, Esquire
44 south Hanover Street
Carlisle, PA 17013
DATED: June 14, 2000
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, P A 17070
(717) 774-1445
Supreme Court I,D. No, 32317
Attorney for Defendant
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LARRY E. SOUDER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, ENNSYLV ANIA
VS.
CIVIL ACTION - LAW
NO. 2000- / () 10' CIVIL TERM
SUZANNE M. SOUDER,
Defendant
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
will proceed without you and a decree in divorce or annulment may 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 or your children,
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street,
Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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
(717) 249-3166
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LARRY E. SOUDER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO.2000- 1695 CIVIL
SUZANNE M. SOUDER,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR 3301 (0) OF THE
DIVORCE CODE
AND NOW comes Larry E, Souder, plaintiff herein, by and through his attorney, Jacqueline
M, Verney, Esquire, and represents the following:
I, Plaintiff is Larry E, Souder, an adult individual, currently residing at 390 Heisey Road,
Mechanicsburg, Cumberland County, Pennsylvania, 17055,
2, Defendant is Suzarme M, Souder, an adult individual, currently residing at 300 Long Meadow
Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055,
3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and
have been so for at least six months immediately previous to the filing of this complaint.
4, Plaintiff and Defendant were married on November 18, 1972 in Lebanon County,
Pennsylvania.
5. There have been no prior actions for divorce or armulment between the parties,
6, The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may
have the right to request that the Court require the parties to participate in counseling,
Having been so advised Plaintiff does not desire the Court to order counseling,
7, This marriage is irretrievably broken,
WHEREFORE, Plaintiff prays Your Honorable Court enter a decree in divorce,
Respectfully submitted,
cq ine M, Verney, ES~ ''6'
Supreme Ct. JD, 23167
44 South Hanover Street
Carlisle, P A 17013
(717) 243-9190
Attorney for Plaintiff
Date:
VERIFICATION
I verifY that the statements made in the foregoing divorce complaint are true and correct,
I understand that false statements herein made are subject to the penalties of 18 Pa,C,S. Section
4904 relating to unsworn falsification to authorities.
J -;2s~o{)
Date
>
LARRY E. SOUDER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 2000 -1095 CIVIL TERM
SUZANNE M. SOUDER,
Defendant
: IN DIVORCE
AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA.R.C.P. 1930.4(c)
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
I, Jacqueline M, Verney, Esquire, being duly sworn according to law, deposes and
says that she is the attorney for the plaintiff, Larry E, Souder, and that she did serve a true
and correct copy of the divorce Complaint that was filed in the above matter, by U,S, mail,
postage prepaid, certified mail return receipt requested, unto the defendant, Suzanne M,
Souder, on March 3,2000. The receipt form is attached hereto as EXHIBIT "A",
~,i
ac 'eline M, Verney, Esquir 23167
44 S, Hanover Street
Carlisle, P A 17013
(717) 243-9190
Attorney for Plaintiff
Sworn to and subscribed before me this 8"f+-.day of
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,2000.
NOTARIAL SEAL
DENISE PINAMONTJ, Notary Public
Carlisle Borough, Cumberland County
My Commission Expires Nov. 20. 2000
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C;; SENDER:
"C -Complete items 1 and/or 2 for additional services.
Vi -Complete items 3, 4a, 'and-4b. .
e .Prlnt your name and address on the reverse of this form so that we can return this
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ell -Wlits.Retum R8CBlpt Requested" on the mailplece below the artfcle number.
:5 _The Return Receipt Will show to whom the article was delivered and the date
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EXHIBIT A
'" CAffU:iitf, l'tA "l70n "
. Jo.- v
, ,
.-
LARRY E. SOUDER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
v,
: NO. 2000-1095
SUZANNE M. SOUDER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
February 28,2000,
2, The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days
have elapsed since the filing and service of the Complaint,
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
4. r understand that r may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a divorce is granted,
5, r verifY that the statements made in this affidavit are true and correct. r understand
that false statements are made subject to the penalties of 18 Pa. C,S,A. Section 4904 relating to
unsworn falsification to authorities.
DATE: 6-9-06
~ {~J~
r:;ARR~OuDER
, A
, ,
J
LARRY E. SOUDER,
Plaintiff
v.
IN THE COURT OF C0l\1l\10N PLEAS
CillvffiERLAND COUNTY, PENNSYL VANIA
NO: 2000-1095
SUZANNE M, SOUDER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(c) OF THE DIVORCE CODE
1, I consent to the entry of a final decree of divorce without notice,
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! 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 ofthe decree will be sent to me immediately after it is filed with the prothonotary.
I verifY that the statements made in this affidavit are true and correct, I understand that false
statement herein are made subject to the penalties of 18 Pa.C.S, 94904 relating to unsworn
falsification to authorities,
DATE:
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LARRY E. SOUDER,
Plaintiff
v,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 2000-1095
SUZANNE M. SOUDER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
February 28,2000,
2. The marriage of the Plaintiff and Defendant is irretrievably broken, Ninety days
have elapsed since the filing and service of the Complaint.
3, I consent to the entry ofafinal decree of divorce after service of notice of
intention to request entry of the decree.
4, I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI do not claim them before a divorce is granted,
5. I verifY that the statements made in this affidavit are true and correct, I understand
that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to
unsworn falsification to authorities,
DATE: t*~O
~7tr_L~
.;/ SU NE M. SOUDER
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LARRY E, SOUDER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO: 2000-1095
SUZANNE M, SOUDER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF ~OTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(c) OF THF. DIVORCE CODE
I, 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 ifI do not claim them before a divorce is granted,
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary.
I verifY that the statements made in this affidavit are true and correct, I understand that false
statement herein are made subject to the penalties of 18 Pa,C.S. 94904 relating to unsworn
falsification to authorities.
DATE: lIf/oO
A~~$ 7x,~
, UZ NE M. SOUDER
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LARRY E, SOUDER,
Plaintiff
v,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
: NO. 2000-1095 CIVIL TERM
SUZANNE M, SOUDER,
Defendant
: In Divorce
OUALIFIED DOMESTIC RELATIONS ORDER
FOR BENEFITS PLAN OF THE PRESBYTERIAN CHURCH (U.S.A.)
1. The parties, come by their attorneys, and upon joint motion, respectfully request the
Court to enter the following Domestic Relations Order relating to the division of the interests of
SUZANNE M, SOUDER in the benefits Plan of the Presbyterian Church (U,S.A).
2. SUZANNE M. SOUDER (Social Security No, 178-42-1602, DOB May 29,1952)
(hereinafter referred to as "Member") is the Defendant in this matter and a Member of the Benefits
Plan ofthe Presbyterian Church (U,S,A.), Her last known mailing address is 503 Allenview Drive,
Mechanicsburg, Pennsylvania 17055.
3. LARRY E. SOUDER (Social Security No. 209-36-1061, DOB August 31, 1951)
(hereinafter referred to as "Alternate Payee") is the Plaintiff in this matter. His last known mailing
address is 390 Heisey Road, Mechanicsburg, Pennsylvania 17055,
4, The benefits Plan of the Presbyterian Church (U,S,A,) (hereinafter referred to as the
"Benefits Plan") is a "church plan" as defined in Section 414(e) of the Internal Revenue Code of 1986
and in Title I of the Employee Retirement Income Security Act as the same may be amended from
time to time,
. ",
5, The Benefits Plan is administered by the Board of Pensions of the Presbyterian Church
(U.S.A.), 2000 Market Street, Philadelphia, Pennsylvania 19103-3298,
6, The Benefits Plan provides, in Section 18,2, that an Alternate Payee may become
entitled to receive a portion of the Member's Retirement or survivor's pension benefit pursuant to
a Domestic Relations Order issued by a court of competent jurisdiction,
7. The parties were married on November 18,1972, separated on October 7,1999 and
divorced on June 20, 2000
8. The parties agree to divide the Member's accrued interest in the Benefit Plan as
follows:
(a) The pension credits that are subject to division under this Order (the "Marital
Pension Credits") are the credits earned from January 1, 1991 through
October 7, 1999,
(b) Alternate Payee is entitled to receive, and shall be paid directly beginning the
earliest allowable date, a monthly retirement pension calculated as follows:
The benefit payable on fifty per cent (50%) of the Marital Pension Credits as
defined in the preceding paragraph,
(c) Alternate payee is entitled to receive, and shall be paid directly beginning the
earliest allowable date, a monthly survivor's pension calculated as follows:
The benefit payable on fifty per cent (50%) of the Marital Pension Credits (as
defined in the preceding paragraph),
2
"
9, All benefits payable to the Alternate Payee shall be increased prorata to the extent that
experience apportionments are granted on account of credits accrued by the Member in the Benefits
Plan,
10, This qualified domestic relations order is not intended to require the Benefits Plan to
provide any type or form of benefits or any option not otherwise provided by the Benefits Plan, nor
shall this Order require the Benefits Plan to provide for increased benefits not required by the Plan,
11. This Order does not require the Benefits Plan to provide benefits to the Alternate
Payee that are required to be paid to another alternate payee under another order previously
determined to be a qualified domestic relations order.
12, All benefits payable under the Benefits Plan other than those payable to LARRY E,
SOUDER as specifically set forth above shall be paid to SUZANNE M. SOUDER in such a manner
and form as she may elect in her sole and undivided discretion, subject only to Benefits Plan
requirements,
13, While it is anticipated that the Board of Pensions will pay directly to LARRY E.
SOUDER. the benefits awarded to him, SUZANNE M. SOUDER is designated a constructive trustee
to the extent she receives any retirement benefits under the Plan that are due to LARRY E, SOUDER
but paid to SUZANNE M. SOUDER.
3
"
IT IS FURTHER ORDERED that a true copy of this Order be served upon the Plan
Administrator, and that this Order shall take affect immediately and shall remain in affect until further
Order of the Court, Until this Order is determined to be a QDRO, this court shall retain jurisdiction
to modifY the same,
Entered this5~y of ~ 2000,
Barbara Sumple-Sullivan, Esquire
Attorney for Member
b~~1. ~9h,~~/
acq line M, Verney, Esqurre
Attorney for Alternate Payee
~.).. 0
~~~~S
J,
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~ Suz e M, Souder
Member
~c. LuL
Larry E. So r :7
Alternate Payee
4
Pl~D-oFF\CE
OF THE PPOTHONOT.ARY
00 JUL -5 AM 10: 04
CUM8ERlAND COUNlY
PENNSYlYANiA
-,-..,
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COMMONWEALTH OF PENNSYLVANIA
COUR.T OF COMMON PLEAS
NOTICE OF APPEAL
fROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
dOOD- lOgin
(',;,'1 I~rm
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the
dote and in the case mentio below:.
o..lJ 5h'1( '.01..11. 6
NAME Of
4- 0 .piKe
ADDIlfSS Of APl'E
C 1-efiJh er .s
itY)-e-.~
aTY
ott-3_o
MAG. DIST. NO OR NAME OF D.J.
It
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APPELLANT
(oefend8nt)
C/ea.n 600C-e, j)
G1nr'S
""IE JOOGMENT
NO
CV 12 ocoo,+<o 1_'1 ~
IT 19
This block will be signed ONLY when this notation is required under Po. R. P JP. No.
1oo8B.
This Notice of Appeal, when received by the District Justice. will operate as 0
SUPERSEDEAS to fhe judgment for possession in this case.
SignatJ.Jre of Prothonotary or Deputy
If appellant was IMANT (see Pa, R,C'p,J.P, No,
1001(6) in action before DistJ'ictJustice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R,C.P.J.P, No. 1001 (7) in action before District Justice,
IF NOT USED, detach from copy of notice 0' appeal to be served upon appellee),
PRAECIPE: To Prothonotary
" Enter ",Ie upon WGL~ 1\ e r 13, -6l"\Ao. Ue. . appellee{s), to file a complaint In this appeal
.J Name of appellee(s)
(Common Pleas No. dOW-IDqLo C..,j,II€.rM ) within twenty (20) days after service of rule or suffer entry of judgment of non pro~
"'i:--~
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----
Signature of appellant or his attorney or agent
RULE: To
WQ~I\.o€.r:;
6r-erJo..
Name of appe'~s)
l.-e--e.-
, appellee{s).
(l) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered maiL
(2) If you do not file a complaint within this ftme, a'JUDGMENT Of NON PROS Will BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Date: \="e \J, d.~;n, -WD~
~~(Yl(lnn (~
'$gnatufe 6f Profhonol1ry or Deputy
AOPC 312-84
COURT FILE TO BE FILED WITH PROTHONOTARY
~
., ~::
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
COMMONWEALTH OF PENNSYLVANIA
- -
(ThiS proof of service MUST BE FiLED WITHIN TEN (10) DA YS 'AFTER -iiling the notice of appeal, Check applicable boxes)
COUNTY OF
~- ..._r r_
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AFFIDAVIT: I hereby swear <:lr affirm that I served
o a copy of the Notice of Appeal, Common Pleas No. j upon the District Justice des~gnated therein on
(date of service) 0 by personal service 0 by (certified) (reglsfered) mail. sender's
teceiJJ! attached hereto. and upon the appellee. (name) ; on
,-19_ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto,
o and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appeIJee(s) to whom
the Rule was addressed on , 19~ 0 by personal service 0 by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS
DAY OF
,19_
Signature of affiant
Signature i:if official before whom affidavit was made
Tille of official
My commission expires on
, 19_
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'COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-04
NOTICE OF JUDGMENTJTRANSCR1PT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
'wAGNER, BRENDA LEE I
5272 DEERFIELD AVE.
MECHANICSBURG, PA 17055
Mag, D\s\. NQ.:
DJName: HOIl.
THOMAS A. PLACEY
Add"'" 104 S. SPORTING HILL RD.
MECHANICSBURG, PA
L
.J
VS,
('leA/vel? .$
DRY CLNRS I
T",phM" (717) 761-8230 17055
DEFENDANT: NAME and ADDRESS
InONALD SMITH/CLEAN SCENE
4407 CARLISLE PIKE
MECHANICSBURG, PA 17055
L
,DONALD SMITH/CLEAN SCENE DRY CLNRS
4407 CARLISLE PIKE
MECHANICSBURG, PA 17055
Docket No,: CV-0000461-99
Date Filed: 11/30/99
.J
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THIS IS TO NOTIFY YOU THAT:
Judgment: ' ,
FOR PLl\INTTFF
[K]
[K]
Judgment was entered for:
(Name)
W:a.~1\]""RR "RRRJ\TT);a T.RR
Judgment was entered against: (Name)
DON/\T,D !'lMT'1'H/~T,R/\N !'lr.RNR DRV r.T,NR!'l
in the amount of $
1 R'! 22 on:
(Date of Judgment)
1 I'll Inn
,
o Defendants are jointly and severally liable,
o Damages will be assessed on:
o This case dismissed without prejudice.
(Date & Time)
O Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
Amount of Judgment $ 121.22
Judgment Costs $ 62.00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 183.22
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
o
o
Levy is stayed lor
days or 0 generally stayed,
Objection to levy has been filed and hearing will be heid:
-------
Date: ,.Piace:'
Time:
,
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUD<>1'1ENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOT~BE-CO, T OF COMM9N.."f6'E'e.15, CIYILplVISION, YOU
MUST INCLUDE A COpy ~ICltS-t<fOTlyE 0 JUDGMENTITRANSCRIP FORMWITH.Y:OUR I'1Qi1'ICE OF APPEAL.
,,--- ---- - ,
1- 3 \ - 0\2\ Date -------- , District Justice
I certily that this is a true and correct
\-:3 \-(}O Date
.s containing the judgment.
. :,'District Justice
l
,
My commission expires' first Monday of January,
AOPC 315.99
2004
SEAL
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CURTIS R. LONG
Prothonotary
Cumberland County
One Courthouse Square
Carlisle, P A 17013
;.,~~;,{;
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to "
'(Noe",
MOVeD LS'
FoRWAADI:"NO ADDRESS
ATTEMP1Eo ~~'10ER EXi>tm;ll>
lJNCLAtMEOO f lCNOWN
folO SUCH STR REFUSED
NO SUCH I'iEr
INSUFFlC1t!'!..MBI'iR
~" ADDRESS
Donald Smith
c/o Clean Scene Dry Cleaners
4407 Carlisle Pike
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i 70:t::S~~::~:;:~
U,S. P~S
IPI Hill )Hl un. .nUn!! I H.... H .tl i... f.; HIIp!
va.
In the Court of Common Pleas of
Cumberland County, Pennsylvania
)Oq",
No. 1:Ofi9 Civil 2000
Brenda Lee Wagner,
Plaintiff
Donald Smith and Clean
Scenes Dry Cleaners,
defendants
Civil Term
PRAECIPE FOR ENTRY OF JUDGEMENT
TO THE PROTHONTARY OF THE COURT OF SAID COUNTY:
Please enter the judgement in favor of the plaintiff and against the defendants
based on an arbitrator's award entered August 7th, 2000 with interest from the date
of the award, no appeal having been filed. I hereby certify of a demand was mailed
by first class regular mail, and priority mail with delivery conformation receipted, to
all parties who appeared in JhiS action 15th May, 2001. ..J" d :J <? Y'I e tV T ,- rJ 1 h e. A mo u,/J
orf'iJ{J 3<(, ere D..J. {oc.7 (p C),"'O 0 1),(>0( Co!{;/ s: if, s. <> D
Date: 61112001
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION - Q.l.I '" ba( j ANd <20'
vs.
( ) CONFESSED JUDGEMENT
(X) OTHER
: FILE NO.1 096 CIVIL TERM 2000
BRENDA LEE WAGNER,
PLAINTIFF
) : AMOUNT DUE $ 239.98
DONALDSMITHand 4'107 ~,iY~,~,
CLEAN SpENES DRY CLEANERS, 110':D: INTEREST $ 228.90 @ 6%
'i 30'1 L~ ~FENDANT
diX.-~. 4.JLy.1?.. )111.2. : ATTY'S COMM $ 0.00
: COSTS $102-~, .,
c.. os:) s: b.J : b ;:].0
to-"T~ 07/u?r {J}/S;,c>o
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment
sale, contract, or account based on a confession of judgement, but if it does, it is based on the
appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real
property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt,
interest and costs, upon the following described property of the defendant: all tangible real
personal and business property of the defendant found at the following addresses: 4407
Carlise Pike Mechanicsburg, Pa. 17050 and 4309 Linglestown Road Box 3 Harrisburg, Pa.,
17112,
Dated 31, May, 2001.
Signature:~ ~ ?/~
Printed Name: Brenda Lee Wagner
Address: 5272 Deerfield Avenue
Mechanicsburg Pa, 17050-6842
Telephone; 717-991-9561
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
bA"lphirJ Co. 2 0 f?,
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( ) CON~E~U~~MENT
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(X) OTHER::< c.n '<
BRENDA LEE WAGNER,
PLAINTIFF
vs.
: FILE NO. 1096 CIVIL TERM 2000
: AMOUNT DUE $ 239.98
: INTEREST $ 228.90 @6%
: ATTY'S COMM $ 0.00
COSTS $4e2:00
COSI Sl.o,j iiro;;J, 00
Co<:Ts OT~erVir:;;.Oo
DONALD SMITH and
CLEAN SCENES DRY CLEANERS,
DEFENDANT
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment
sale, contract, or account based on a confession of judgement, but if it c;loes, it is based on the
appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real
property pursuantto Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt,
interest and costs, upon the following described property of the defendant: all tangible real
personal and business property of the c;lefendant found at the following addresses: 4407
Cal'lise Pike Mechanicsburg, Pa.17050 and 4309 Linglestown Road Box 3 Harrisburg, Pa.
17112.
Dated 31, May, 2001.
Signature~~~Jd~
Printed Name: Brenda Lee Wagner
Address: 5272 Deerfield Avenue
Mechanicsburg Pa, 17050-6842
Telephone: 717-991-9561
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states this writ is returned STAYED.
Sheriff's Costs
Advance Costs:
Sheriff 's Costs
!?n50~oo(\n
46.10
103.90
Docketing
Poundage
Proth8hotary
Milage
Su=harge
$ 18.00
.90
1.00
6.20
20.00
46.10
Refund to Atty 7/2/01
Sworn and Subscribed to before me
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this 3! ,M-d,ay of ~
R. Thanas Kline, Sheriff
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WRIT OF EXECUT!ON and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO, 00-10<:)6 CIVIL Ill: TERM
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CU11berland COUNTY:
To satisfy the debt, interest and costs due RT"f'nda Lee Waaner
S?7? f),o~rF;plt1 Z'!.vl'=>n11l='r Mt='rnAnir.sblI~9' Pa. 17050-6842
PLAINTIFF(S)
from TlnnFl1d Rnitn 4407 Carlisle Pike. Mechanicsburq, Pa. 17050
Clean Sr.enes Drv Cleaners 4309 Linqlestown Road, Box 3, Harrisburg, Pa. 17112
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell
All tanqible real personal and ' business. property of the defendant found at the following
addresses: 4407 Carlisle Pike, Mechanicsburg, Pa. and 4309 Linglestown Road, Box 3,
~~rr;Qrnlr~ p~ 1711?
(2) You are also directed to a.ttach the property of the defendant(s) nof levied upon in the possession of
GARNISHEE(S) as follows:
and to notify the garnlshee(s) that: (a) an attachment has been issued; (b) the garnishee(s) islare enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other
than a named garnishee, you are directed to notify himlherthat helshe has been added as a garnishee and is enjoined as above
stated,
Amount Due
Interest
Atty's Comm
Atty Paid
Plaintiff Paid
S 239.98
L.L.
%
Due Prothy >; 1 _ 00
Other Costs $ii? 00 n. ,L Costs
$l~ 00 Qtner Costs
S ??R gO @ 6'1<
S 39 .00
Date:
,1110'" 1, 2001
Curtis R. Long
Prothonotary 1 Civil Division
by:
r;."I~ Q-~
Deputy
REQUESTING PARTY:
Name . Brenda L~ Waaner
Address:
t::;?7? 1lI:>a.,....-F;a.ln Z'!.vpnllp.
M",r.nanir.sburg. Pa. 17050-6842
Attorney for:
Telephone: -211.:,.991-9561
Supreme Court 10 No.
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Commonwealth of Pennsylvania
Qmnty.of.C~land
Court of Common ,Pleas
Brenda Lee Wagner
v.
Cgmmglll!Was.-No..20QO...W9.6--CMI-Term
,,,
Donald Smith and
Cleau-Scene.Dl:y Cleaners
NOTICE
~
You-luUleJ~eensued.il1 CO'I''! If-yoU-wish-.ro.defend..against,the claims set fqth in
the following pages, you must take action within twenty (20) days after this complaint
andJlotic".re s<:lrved"by entPring a vn-itten apr".T~n"" r"TSQn.\ly 01' by attnrn"yand
filing in writing with the court your defenses or objections to the claims set forth against
yoo.,-Y Q'l ate wamed.that...it:YO'1 fail to.do-so-the-ca.se...~proceed witho'lt YO'1 !l!\d a
judgment may be entered against you by the court without further notice for any money
,..1~1toed 1n tbe- CO"1pl~;nt or -fnr ~ny othPT ("l~im or relipf' rpq.J1edpd by the..pl~1ntlff You
may lose money or property or other rights important to you, - '
lCOU-SlIDULD-1.:AKE-':t:HIS--l!.AJ!E.R-TO-YOUR-LAWYER A::r-ONq:, IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TFT F'PHO'NF THF OFFTl:F ~FT EQFTH RFT OW,-TOEThID.oUT WHFRF you -, -
CAN GET LEGAL HELP.
GTJMtmRLAm>-COUNT-Y~AR
ASSOCIATION J
2 ~.A"enJ]e Carlisle.EA--17013
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Commonwealth of Pennsylvania
County of Cumberland
Court of Common Pleas
Brenda Lee Wagner
Common Pleas No. 2000-1096 Civil Term
v.
Donald Smith and
Clean Scene Dry Cleaners
COMPLAINT
v{
v;.
Complainant is Brenda Lee Wagner, an individual, with an address at 5272 Deerfield
Avenue, Mechanicsburg PA 17055.
Defendant is Donald Smith and Clean Scene Dry Cleaners with a business address at 4407
Carlisle Pike, Mechanicsburg P A 17055,
3, On May 11, 1999 Complainant dropped off 8 two piece suits, 2 skirts, 1 sweater, and I pair
of slacks for dry cleaning at Defendant's place of business, True and correct copies of the
receipts Defendant provided to Complainant are attached as exhibit 1,
4, On November 20, 1999 Complainant went to Clean Scene Dry Cleaners to pay for and pick
up the garments indicated.
5, When the clerk brought the order out, the clerk pointed out that 2 items were damaged,
6, The 2 damaged items were Rayon and Acetate jackets that were part of two different suits.
7. Both jackets were damaged on the left arm below the shoulder seam with a jagged hole.
8. Complainant had another item cleaned by Defendant's business one month prior to dropping
off the items in question that was also returned with the same type of tear at the bottom of a
short sleeve, which would be the same location.
9. Complainant refused to pay for any of the dry cleaning until Defendant made some attempt
at reparations for the damaged items,
10, There was no one in the store at that time with any authority to make any settlement,
however the clerk allowed the Complainant to leave with the undamaged items, after having
completed a damage claim form, A true and correct copy of the damage claim form is
attached as exhibit 2,
11, Complainant left the store without the damaged items.
12.10 days later, November 30, 1999, Complainant paid the entire cleaning bill, $48,88, which included
the damaged items, but the defendant did not turn over the damaged items to the Complainant,
13. Defendant has not made any offer to recompense the Complainant for the damaged items.
14, The two snits that no longer had jackets originally cost Complainant $229,98,
15, Complainant has been unable to find jackets to match the remaining skirts,
16, On November 30, 1999 Complainant filed a Civil Complainant against the defendant with
District Justice Thomas A, Placey, docket #CV -0000461-99.
17. A hearing was held on January 24, 2000 before District Justice Thomas Placey.
18. On January 31, 2000 the District Justice rendered judgement for Complainant in the amount of
$121.22 plus $62.00 costs for a total of$183.22,
19, Complainant dropped off the items with the Defendant for cleaning and safekeeping until such time
as they were picked up, Defendant failed to live up to that responsibility,
20, Defendant was negligent in taking care of the garments while they were in his care, custody and
control.
Therefore, Complainant asks for damages in the amount of$229,98 plus cost of dry-cleaning, $9,98,
plus court costs along with allowable accrued interest,
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Date
SUITS M
SLACKS M
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COATS'
S. COATS L I M
SHIRTS I L I I M
SWEA TEF<S L I M
JACKETS I L 1-1 M
ROBES I L M
DRESSES .1
SKIRTS I
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BLOUSES
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CUSTOMER FULL NAME--;l3(t,,{~ WIEr--- ' DATE: /!,J.{)/1f
,PHONE DAy:991- _ dLl.(I-::-~~VENING:
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/'? '-~DROP OFF DATE: 5'1 J J II I
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PROBLE,M: Ce 79N' PICK UP DATE: 1/ /.20/9 ~
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COLOR: ~,a _ k4~'* ~~~i -- ,;sI$jU~ '(~~-
LABEL: Y'/fZ9111J[:- ~-- ~ ku4-A ClA...M.dJ
SIZE: I <6'vJ
AGE:RIf)W~, tjlU ffl,-
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STEP~ING PROBLEM:
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INVOICE NUMBER:
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DOES CUSTOMER HAVE PICK UP SLIP? c;j NO
DOES CUSTOMER HAVE ORGINAL RECEIPT? YEc NO
WERE JOURNALS DONE? YES NO DATES:
WAS THE STORAGE AREA CHECKED? YES NO
DID ANOTHER TRY TO WORK ON ITEM? YES NO
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VERIFICATION
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I verify that the facts set forth in the foregoing complaint are true and correct to the best of my
knowledge, information and belief. I understand that this verification is made subject to the
penalties of 18 Pa,C,S, section 4904 relating to unsworn falsification to authorities,
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renda Lee Wagner
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CERTIFI~TE DF SERVICE
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I hereby certify that on this date I have served a true and correct copy of the
Complaint upon all parties by first class and registerednmail on March 18, 2000
at the fo~owing address:
Donald Smi th
Clean Scene Dry Cleaners
4407 Carlisle Pike
Mechanic$burg ~ l7D55
Respectfully submitted,
1:f~a~uJ~
Claimant
Dated: Ma=:b.. ~ =
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Commonwealth of Pennsylvania
County of Cumberland
Court of Common Pleas
Brenda Lee Wagner
.
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.
vs.
Common Pleas No. 2000-1096
Civil Term
Donald Smith and Clean Scene
Dry Cleaners
:
ANSWER TO THE COMPLAINT
1. Agree
2. Agree
3, Agree
4, Agree - Note: This was' 6 months later. Please see copy of Act enclosed.
5. Agree
6. Agree
7. Agree
8. Not aware of any prior problems.
9. Agree
10. The Complainant refused to pay for any of the items and walked out of
the store without paying the $48.88 due. We then called the police.
1 I ,Agree
1 2. Complainant never asked for the damaged items.
13 .Please see copy of Act enclosed.
l4.Unknown
lS.Unknown
l6.Agree
1 7. Agree
18,Judge rendered judgment in the amount of $4.99 for the dry cleaning and
$229.98 for the replacement of the two suits. The amount were set offby
storage charges of$113.75. Concluding in the judgment being for
$121.22 plus court cost. We do not feel the Judge gave adequent
consideration to the Act. Also, our storage charge is $3.00 per week, per
order, for any orders left over 30 days, adding up to a storage charge of
$330.00
",., --
19.Please see copy of Act enclosed,
20.We stress that customers pick up their clothing within 30 days. We post
signs, it's stated on the back of our invoices and we notifY customers by
telephone. We did in fact call Ms. Wagner after 30 days and sent a
notice after 90 days, with no response. We don't have a separate place
for storage, therefore the items stay on the conveyer which limits us in
space and the clothing will go around the conveyer at least 60,000 times
within a 6 month period, which has the potential of causing damage.
~.I41~4e~
Signature of Defendant
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RETAIL CLBJL1IJERS OR LAUNDERERS - 'QNC:wAIN5D GA.l&IENTS
Act of 1~e8, P.L, le60, No. 17$
AN ACT
PrcvidiJ1g for the diF.lposa;1 of unclaime~ ...ga~lr.ents.
The Gen~ral Assembly of the Conrruonwealth of PennsylVallia
hereby enact a as follows:
Section 1. Unc2aimed ga~"'t'nellt8.
A garm~nt left wi t]1 a reta-i J. dry cleaner Dr reta J 1 launderer
for dry cleaning or laundering may be disposed of by the dry
cleaner or l~ur'J..derer_ w,ithouc lia.bility or reg;ponsibility _for the
garme~t or for proceeds realized from it~ disposal, provided tne
requirements of this act are complied with,
Section 2. Receipt for garments.
A~ the time a dry cleaner or launderer receivee g~rments from
a c'Ul3tomsr ::cer cleaning or lau::.-::.d.e:riI"_g, the dry cleanel'" or
laL~nde1"'e:r shall :provide l.a t'11e custom~r a deposit receipt
containing_ ~h~ ~~me ~nd mailing acld~e~s of the c~etomer, a basic
desoription ,qf _tl)~ g~rTllEn~ts a19J:'lg, \IJith ~ e~.~t,::me~t. .~; ,,_~~,~_ '._ _..
q-,"l.:;,~ntity of each garment left:, an' itemization of the charges fer
the work to he d.one ahd the projected date when the g;;:t.rmenta
shall be ready for pickup by the customer.
Section 3. Notice.
If a garment is not retriev"d. and paid for by a customer
within 90 days or the ready date speCified 011 the custom",r's
~~eccipt 1 t.he cleaner OL- launderer may provide a writte:l notioe
to the c~sto~e~ hy certified mail, return receipt ~eqL1eated,
mailed to the OClstomer at the addxess givsn on the deposit
receipt. Such notioe shall specify the amount owing to the
cleaner cr launderer ali:d state that the garment sha:1 be
~ disposed of by the cleaner or'launderer within 30 days fram the
date of delivery af the notice unless the garment is claimed by
th., customer and all ch3rgeB are paid in Iull.
3ection 4. Refused C~ unclaimed notices.
If a notice mailed pursuant to section 3 is ret~rned to the
cleaner or launderer as being unclaimed or delivery refused, the
oleaner or l~underer shall eend a_eecond notice to the customer'
by mail, fh'st class postage prepaid,.rith a certificate of
mailing, indicating that the garment will be disposed of by the
cleaner or launderer within 30 days of the date of mailing of
the letL",r unless the garment.'ia claimed by Lhe customer and all
charges are paid in full,
Seotion 5~ Disposal of unclaimed property.
If a cust.omer does not claim a garment and pay all charges
due and owing, inCluding the cost of mailing the notices
specified in section;; 3 and 4, and an:1l charge for stco<,a.ge,
within 30 days of the receipt of a notice mailed in accordance
with section 3 or within 30 days of the mailing of a notice ~n
accordance with section 4 or within 30 days of the date a notice
mail~d in accordance with section 4 is returned to the sender
with a no~ation that the addressee has moved and left no
forwarding addrese, the cleaner or launderer may dispose of the
gal.~m=2:.1t in any manner illh.;;l.csoever. The notio.a specified in
section 3 shall be considered to be received by the addressee if
signed fer by the addressee O~ by a person signing on behalf of
the addresse".
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Sec~icn 6. Charitable donation.
Without regard to the provisions of eecti9ns 2, 3, 4 and 5,
any garment whi~h remains unclaimed for ~ period of one year
from the ready date indicated on the garment receipt may be
donated by the cleaher or launderer to any charitable., religious
Dr eduoational organization o:f a cle:aner.-i' s~ or l~undererl 8-
~hoiae, provided the crg~~ization falls within the definition of
tax-exempt crq~lization as specified in section 501(c) (3) of the
Internal Revellue Code of 1954 (68A stat. 3, 26 U.S.C. ~
SOl(e) (3)), The donation shall be made only if the cleaner or
launderer first sends to the customer, at the address listed on
the garment receipt" by mai 1, postage prepaid, includ.t ng a
certifica~e of_ mailing, a notice th~t the garment will be eo
disposed of subs~~\~nt to 30 days from the mailing date of the
notice if the garment is not claimed and all outstanding chargee
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Sectiml 7. Public notioe of disposal procedures.
A cleaner or l~Uhd~rer shall promin~~tly display at eacn
location where garments are received from the publio a sign
indicat; ng that garrn,mt.s not claimed wit,hin '"0 days u[ th" Heady
date may be disposed of by che cleaner or Iaunqerer, after
not.ic.e. ..to,. the _ cu.st.o1ll..eX",_.aG pr.oyid.ed by 1 a1~.~~.,~. ,~:_ ._:,_ :......~ U" ,.....
S~ction 8. .Other remedies.
The provisions of the ~ot ot May 7, 1925 (P.L.S57, No.200),
.=::ntitledJ u~ act to p~~ovide f_ot" the elale of property a.gainst
\\1hich ~. commO:rl la"\ll- J.ie.::'l ll'l,QY exist for repairs and material; and
the met.hod of procsdu:::-e thereO-ll, II shall continue to be available
to cleaner ~.nd 1 aunde1:"e1" bai.lees or: personal property as
heretofore, as shall any ether ro~odies provided by the oommon
law or statutory law of thia Commonwealth, to the extent that
they are not inconeistent with the provisions of this act.
Seotion 9. Effective date.
This act, sha:;'l cake ",:Eieet 111 60 d";ys.
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BRENDA LEE WAGNER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUM:BERLAND COUNTY, PENNSYLVANIA
DONALD SMITH, and
CLEAN SCENE DRY CLEANERS
Defendants
!~
NOTICE OF HEARING
TO:
Lauralee Baker, Esquire
3510 E. TrindIe Road
Camp Hill, PA 17011
Brenda Lee Wagner
5272 DeerfieId Ave,
Mer.hanicsburg, PA 17055
Timothy Colgan, Esquire
1 South Baltimore St,
Dillsburg, PA 17019
Donald Smith
Clo Clean Scene Dry Cleaners
4407 Carlisle Pike
Mechanicsburg, P A 17055
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AND NOW, this 19th day of July 2000, you are hereby notified that the Arbitrators
appointed in the above captioned matter will hold a hearing for the purpose of their
appointment as follows:
DATE: August 7,2000
TIME: 1:15pm
PLACE: Law Office of James M, Bach
352 S, Sporting Hill Road
Mechanicsburg, PA n055
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Counsel shall immediately notify all arbitrators if settlement is reached prior to the
hearing, Anyone who finds the hearing date unsuitable is responsible for making
arrangements with counsel for a suitable date, time and place,
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Date
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SM. BACH, ESQUIRE
3 S, Sporting Hill Road
echanicsburg, P A 17055
(717) 737-2033
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Parties wishing to argue legal points will be expected to have copies of relevant
materials for each arbitrator and oPIlosing counsel at the commencement of the hearing.
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Cc: Court Administrator
Prothonotary Bulletin-Board
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Brenda Lee Wagner
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 2000-1096
CIVIL
Donald Smith and
Clean Scene Dry Cleaners
RULE 1312-1,
The Petition for Appointment of Arbitrators shall be substantially in the followiog form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO TIIE HONORABLE, THE JUDGES OF SAID COURT:
Brenda Lee Wagner ,~fel<~e plainti~in the above action (or actions),
respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of the plaintiff in the action is $ sO 1. 9 6 "" in t e J:: est
The counterclaim of the defendant in the action is 0
The following attorneys are ioterested in the case(s) as counselor are otherwise disqualified to sit as arbitrators:
None
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
Respectfully SUbmitte~
~4~
ORDER OF COURT
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,1'9_, io consideration of the ~
Esq" 07~ ./
Esq" and
actions) as prayed for,
,Esq" are appointed arbitrators io the above captioned action (or
P,J,
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COMMONWEALTH_OF PENNSYLVANIA
COURT OF COMMON PLEAS -
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NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
JCOD- IOql.o
G~'I/7frm
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NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court C!.f Common Pleas an appeal from the judgment rendered by the District Justice on the
date and in the case mentimrd below:
'1b1.G\IJ Sml'+K.JeJ.(26.m, .6(et1e.]r CI-elJ/nu.s 0<1-3-0
APPBlANT' ......" MAG. DIST. -N R OJ.
4''107 na.r/isl-e. A'Ke . Vl1-e~ fA 1765"-
ESS OF LLANl -crrv-- - _ ~lF- F E
DATEOF..IlJDGMfNT
1-31, 06
IN THE CASE Of (P1alrrtitf)
WOo q t\,d, tx'G1\d./l...
L-<<.-e
(oefenaanrT"
vs.LtJN):\LJ) 9fW(I-I/CleMl .6CeJ\c .Dr'! C/nrs
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LT 19
This block will be signed ONLY when this notafion is requiredur1d...~Po. R,CP.JP,No.
1008a '
This Notice of Appeal. when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
(
If appellant was IMANT (see Pa, R.GP,JP, No,
1001(6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO r:iU
(This section of form to be used ONLY when appellant was DEfENDANT (see Pa, HC'p,J,P"Noc 1001(7) in action before District Justice,
IF NOT USED, detach from copy of notice of appeal to be servefi upon appellee),
PRAECIPE: To Prothonotory
Enter rule upon LuG. "l /'\ e r, .6r t:.>!'\~ Le. e ~.:: c ~appellee(s), to file 0 comploint in this oppeol
p"" ,") .. . Name of appel/ee(s) ....
(Common Pleos No. ' ,,- em -IOqlo (,t" I I Term ) within twei\1"Y(20) days after service of rule or suffer entry of judgment of non pro~
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. "'...... '" .?f..-- Signature of appeDant or hIS .attorney or agent
RULE: To lJci'.\1' e (", ":' Of -e~ I-e -e.. ,oppellee(s),
.:;;~ ~:.:~. ,~ ,.~~~~/?f~8f!!!!.;~%~J..-c-:::.:'~~" _" ;";~'.~~-:::~."~~~~' .." :::,J:..,;~':' ":..- -..~.-~.' ~'.'''':.~''- .d-;:'-.";~-; ,". ~,...~".L;.,_~,....-.:~'.t._...:C'-~,~_- '$_'-~' -=:'.. _ _ ~_
Dote: \r€.-Ic, 'd.'6-\h '::lOCO
,,19_,___+
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(1) You are notified that a rule is hereby entered upon you'fo file a complaint in this appeal w!thio.twenty-(20} days afte~ the.date of
, fth' I~ by I by fid d 'I ,,,\,., , ~~.""" ,.
serVice 0 IS rue upon you persona service or certi e or registere mal. ~,:~.. . .>P .,.:':/.....l~, .
':, :>:: ,',. ,..'/k ..
(2) If you do not file a comploint within this time, 0 JUDGMENT OF NON PROS WIL~t~N~RED' A;AIr:.l~~ Y~~~;"
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--~ - > ~ ~Ure Of PrOthonr:Xary Of Deputy
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(3) The date of service of this rule if service was by mail is the date of mailing.
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AOPC312-64
COURT FILE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This prool 01 service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice Of appeal, Chac~ applicable boxes)
COMMONWEALTH OF PENNSYL.VANIA
COUNTY OF
; ns_
AFFICA VIT: I hereby swean:ir affirm that I served
o a copy of the Notice of Appeal, Common Pleas No, :;)0='-1 Qq./.,. , upon the Districy.!!slice designated therein on
(date of service) ;!.~ ~-co ..... _,_,.. __ .' _CL9Y persona'-se-'Vi"e_,flJ by~(registered) mail, sender's
receipt attached hereto, and upon the appellee, (name) I!,,,-^(\,, Le"- CU~er' ...,. , on
3 -~ , 19~ 0 by p<;rsonalse,rvic,e_121. by 6rtifieiJ) (registered) mail, sender's receipt attached hereto,
o and further that I se{ved the Rule to File a Complaint accompanying the above Notice of Appeal upon the appeilee(s) to whom
the Rule was addressed on 3- ~ " 19~ 0 by personal s~rviceJX by (certified) (~
mail, send~r's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS .q,dl DAY OF I!I~ ..;t'l>fJ;O
~i~d../!6J//AIh
Signature of official before whom affida.vit was msdl:}
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Signature of affiant -
Tit/e'of officfal
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My commlS$ion expires on
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Notarial Seal
Michael Cherewka, Notary Public
WonnlaysbUll)BolO, Cumb8rfandCounly
My Commission expires Fob. 5, 2001
Memoor, PennsylvarnaAs!:r.JdalIonotNotaries
'PROTHONOTARY .
CUMBERLAND COUNTY COURTHouS
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013~33fT1