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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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Said Agreement shall not
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STATE OF
PENNA.
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KEVIN W. CLAPPER
Plaintiff
No.
00-5275
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VERSUS
DECREE IN
DIVORCE
~~ IS ORDERED AND
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DECREEOD THAT
KEVIN W. CLAPPER
, PLAINTIFF,
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, DEFENDANT,
, ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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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; None. IT IS BEIRTHER ORDERED, ADJUDGED and
DECREED, that the terms, provisions and conditions of a certain
Marital Settlement Agreement between the parties dated March 6,
2002, and attached hereto, are ed in this Decree by
refer nce fu tho
SIERRA M. CLAPPF.R
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Defendant
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AND NOW,~ 1.
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AND
SIERRA M. CLAPPER
survive this Decree
ATTES". ~
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PROTHONOTARY
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PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 1D.1i day of Maven
,2002,
is by and between:
KEVIN W. CLAPPER, of 906 Hummel Avenue in Lemoyne, Pennsylvania, hereinafter
referred to as "Husband"; and
SIERRA M. CLAPPER, of 1422 Timber Brook Drive in Mechanicsburg, Pennsylvania,
hereinafter referred to as "Wife."
WITNESSETH:
i
WHEREAS, the parties hereto are husband and wife, having been married on 11
April 1992 and are the parents of one minor child: Hayden Devereaux Clapper, born 24
September 1992, hereinafter referred to as "child"; and
WHEREAS, certain difficulties have arisen between the parties hereto which have
rnade them desirous of living separate and apart from one another and Husband has
initiated an action in divorce filed to No. 00-5275 before the Court of Common Pleas of
Cumberland County, Pennsylvania.
WHEREAS, the parties wish to enter into an agreement for the division of their
cornrnon property and to define their respective rights;duties, and obligations; and
WHEREAS, the parties hereto have mutually entered into an agreement for the
division of their assets, the provision for the liabilities they owe, and provision for the
resolution of their mutual differences, after both parties have had full and ample
opportunity to consult with their respective attorneys, and the parties now wish to have
that agreement reduced to writing.
NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the
mutually made and to be kept promises set forth hereinafter, and for other and good
valuable considerations, and intending to be legally bound and to legally bind their heirs,
successors, assigns, and personal representatives, do hereby covenant, promise, and
agree as follows:
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1. CHILD SUPPORT. Husband and Wife acknowledge that they are parties to an
action for support filed to No. 412 S 2000 (PACSES Case No. 696102280) before the
Court of Common Pleas of Cumberland County, Pennsylvania, and, in light of that order,
this agreement makes no further provision for the financial support of their minor child.
2. LIFE INSURANCE. Husband agrees that he will maintain insurance on his life
which will pay a death benefit for at least $50,000.00, and maintain the parties' child,
Hayden Devereaux Clapper, as the sole beneficiary of such insurance, until the said
Hayden Devereaux Clapper attains the age of 25 years. Husband further agrees that he
shall pay all premiums and take all other actions necessary to maintain such insurance in
full force and effect, shall not borrow against, pledge, or assign said insurance or take any
action which would diminish the death benefits under the said policy, and will provide
proof to Wife, at least annually, that such insurance is in full force and effect and in full
compliance with the provisions of this agreement.
3. REAL ESTATE. The parties acknowledge that they have previously transferred
to Wife's name alone, the property at 1422 Timber Brook Drive in Mechanicsburg,
Pennsylvania. Husband does hereby waive and release any further claim to or interest in
said property and confirms it to be the sole and separate property of Wife.
4. CREDIT UNION ASSETS. The parties acknowledge that, during the marriage,
they acquired an account and a certificate of deposit with Pennsylvania State Ernployees
Credit Union and that the total value of those assets, at the time the parties separated in
March of 1999, was approximately $1,300.00. The parties acknowledge that those
assets have, since separation, been transferred to Wife's name alone. Husband hereby
releases any claim to or interest in those said assets and confirms them to be sole and
separate property of Wife.
5. VISA CREDIT CARD. The parties acknowledge that, during the marriage, that
they had a VISA credit card issued by the Pennsylvania State Employees Credit Union.
Husband shall, contemporaneously with the execution of this agreement, pay Wife the
Page 2 of 8
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sum of One Thousand One Hundred ($1,100.00) Dollars in consideration of which, Wife
shall pay and satisfy that account and shall indemnify and save harmless Husband from
any cost or expense caused to him by her failure to do so. The parties further agree that,
effectively immediately, neither party will use or create any charges on the said VISA card
account and the account will be closed and terminated as soon as the credit union permits
the account to be closed and terrninated.
6. OTHER ASSETS. The parties acknowledge that, during the marriage, each of
thern had checking and saving accounts at the Post Mark Federal Credit Union, Cornmerce
Bank, and Fulton Bank. Each of the parties does hereby waive and claim to the accounts
in those institutions held by the other and confirms those accounts, and the funds and
assets therein, to be the sole and separate property of the other.
7. PERSONAL PROPERTY. The parties hereto mutually agree that they have
effected a satisfactory division of the furniture, household furnishings, appliances, and
other household and personal property between them and they mutually agree that each
party shall, frorn and after the date hereof, be the sole and separate owner of all such
tangible personal property presently in his or her possession, whether said property was
heretofore owned jointly or individually by the parties hereto, and this agreement shall
have the effect of an assignment or receipt from each party to the other for such property
as may be in the individual possessions of each of the parties hereto, the effective date of
said bill of sale to be contemporaneous with the date of the execution of this Agreement.
8. WAIVER OF ALIMONY. SUPPORT AND ALIMONY PENDENTE LITE. The
parties acknowledge that they are aware of the income, education, income potential, and
assets and holdings of the other or have had full and ample opportunity to become familiar
with such items. Both parties acknowledge that they are able to support and maintain
themselves comfortably, without contribution from the other beyond that as provided for
in this Property Settlement Agreement, upon the income and assets owned by each of
them. The parties hereby accept the mutual covenants and terms of this Agreement and
Page 3 of 8
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the benefits and properties passed to them hereunder in lieu of any and all further rights
to support or alimony for themself, counsel fees, and alimony pendente lite at this time
and during any and all further or future actions of divorce brought by either of the parties
hereto and the parties do hereby remise, release, quit claim, and relinquish forever any
and all right to support, alimony, alimony pendente lite, counsel fees and expenses
beyond those provided for herein, during the pendency of or as a result of any such
actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute,
at this time and at any time in the future.
9. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of
them have had a full and ample opportunity to consult with counsel of their choice
regarding their clairns arising out of the marriage and divorce and that they have
specifically reviewed their rights to the equitable distribution of marital property, including
rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the
right to have the court review the assets and claims of the parties and decide them as
part of the divorce action. Being aware of those rights, and being aware of the marital
property owned by each of the parties, the parties hereto, in consideration of the other
terms and provision of this agreement, do hereby waive, release and quitclaim any further
right to have a court or any other tribunal equitably distribute or divide their rnarital
property and do hereby further waive, release and quitclaim any and all claim against or
interest in assets now currently in the possession or held in the name of the other, it
being their intention to accept the terms and provisions of this agreement in full
satisfaction of all of their claims to the marital property of the parties and the equitable
distribution of the same.
10. WAIVER OF ESTATE RIGHTS. Husbilnd releases his inchoate intestate right in
the estate of Wife and Wife releases her inchoate intestate rights in the estate of
Husband, and each of the parties hereto by these presents for himself or herself, his or
her heirs, executors, administrators, or assigns, does remise, release, quit claim, and
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forever discharge the other party hereto, his or her heirs, executors, administrators, or
assigns, or any of them, of any and all claims, demands, damages, actions, causes of
action or suits of law or in equity, of whatsoever kind or nature, for or because of any
matter or thing done, omitted, or suffered to be done by such other party prior to the date
hereof; except that this release shall in no way exonerate or discharge either party hereto
from the obligations and promises made and imposed by reason of this agreement and
shall in no way affect any cause of action in absolute divorce which either party may have
against the other.
11. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein
otherwise provided, each party hereto may dispose of his or her property in any way, and
each party hereby expressly waives and relinquishes any and all rights he or she may now
have or hereafter acquire, under the present or future laws of any jurisdiction, to share in
the property or the estate of the other as a result of the marital relationship, including,
without limitation, the right to equitable division of rnarital property, alimony, alirnony
pendente lite, and counsel fees, except as provided for otherwise in this Agreement,
dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right
to take against the will of the other, and right to act as administrator or executor of the
other's estate, and each will, at the request of the other, execute, acknowledge, and
deliver any and all instruments which may be necessary or advisable to carry into effect
this mutual waiver and relinquishment of all such interests, rights, and claims.
12. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent
to the other than neither of them has incurred any debts in the name of the other not
previously disclosed or provided for in this agreement. Each of the parties hereby
represents to the other that neither one of them have incurred or contracted for debts in
the name of the other or for which the other is or would be legally liable from and after
the date of the parties' separation. Both parties hereto mutually agree and promise that
neither will contract or otherwise incur debts in the other's or joint names without the
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prior permission and consent of the other party hereto. Both parties hereto represent and
warrant to the other party that they have not so contracted any debts unbeknownst to
the other up to the time and date of this Agreement.
13. DISCLOSURE. Both of the parties hereto represent to the other that they have
made full disclosure of the assets and income and income sources owned, controlled, or
enjoyed by either of them and that neither party hereto has withheld any financial
information from the other. Each of the parties represents that they have reviewed this
information with an attorney of their choice, or had the opportunity to review this
information with an attorney of their choice and voluntarily decided not to do so. Further,
the parties each acknowledge that they are aware that they have the right to compel the
other party to provide full financial information about all assets owned by either party and
all liabilities owed by either party and have the right to have a court force such disclosure
in a divorce action. Being aware of those rights, the parties expressly waive the right to
further disclosure or discovery regarding marital assets, liabilities, incomes, and finances
and agree that they are satisfied with their understanding of their legal rights and
obligations. Being so aware and satisfied, the parties mutually accept the terms and
provisions of this agreement in full satisfaction of any and all rights or obligations arising
of their marital status or the divorce action now pending or to be filed between them.
14. BREACH. In the event that any of the provisions of this agreement are
breached or violated by either of the parties, the other party shall be entitled to enforce
this agreement by an appropriate action in law or in equity or to take any other action to
which they are lawfully entitled to enforce this agreement or otherwise protect their
rights. In the event that such action is commenced by one of the parties and the other
party is found to have breached or violated any of the terms and provisions of this
agreement, the party having so violated or breached the agreement, shall be responsible
for and shall promptly pay upon demand the reasonable attorney's fees incurred by the
other party to enforce their rights hereunder.
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15. RELEASE. The parties acknowledge that the purpose of this agreement is to
divide all of their marital property, resolve all of the economic claims between them, and
terminate and conclude any and all claims one party may have against the other. The
parties acknowledge that each of them has had ample opportunity to consult with an
attorney of their choice and to obtain legal representation with regard to this agreement
and to the claims which they are terminating hereby. Consequently, each of the parties,
for themselves, their heirs, successors, and assigns, does hereby accept the terms and
provisions of this agreement in full satisfaction of any claims, of any nature, they may
have, or may ever have had, against the other party and each of the parties does hereby
waive, relinquish, release, and surrender forever any claim they have against the other
party, arising out of their marital relationship, or any other dealing between the parties
prior to the date of this agreement, provided, however, that this release shall not
exonerate either of the parties from the obligations they expressly make in this agreement,
which shall survive the date of this agreement until such obligations are fully performed.
16. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced
in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania.
17. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall
be declared void or invalid, only such part shall be deerned void and in all other respects
this Agreement shall remain valid and fully enforceable.
18. NON-WAIVER. The waiver of any term, condition, clause, or provision of this
Agreement shall in no way be deemed or considered a waiver of any other term,
condition, clause or provision of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
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( 55.:
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On this, the day of , 2002, before me, the undersigned
officer, personally appeared SIERRA M. CLAPPER known to me (or satisfactorily proven)
to be the person whose name is subscribed to the within instrument, and acknowledged
that said person executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA I
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COUNTY OF"€l::JM!'lERLAI<lO .vA01l+n::" )
On this, the ~day of f\.~ ,2002, before rne, the undersigned
officer, personally appeared KEVIN W. CLAPPER known to me (or satisfactorily proven) to
be the parson whose name is subscribed to the within instrument, and acknowledged that
said person executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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My Commission Expires:
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Notarial Seal
Sharon L Reisinger, Notary Public
Harrtsburg, Oauphin County
My Commission Expires Jan, 19, 2004
Member, Pennsylvania Association ot Notaries
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KEVlN W. CLAPPER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 00-5275 CIVIL TERM
SIERRA M. CLAPPER,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the ProthonotaIy:
Please 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: Service by certified mail no, P 149 800
535, Certificate of Service filed October 4, 2000.
3. Date of execution of the Affidavit of Consent required by ~3301( c) of the Divorce Code:
by the Plaintiff: March 28, 2002; by the Defendant: April 25, 2002.
4. Related claims pending: None.
5. Date Plaintiff's Waiver of Notice in ~3301(c) divorce was filed with the prothonotaIy:
April 26, 2002.
Date Defendant's Waiver of Notice in ~3301(c) divorce was filed with the prothonotaIy:
filed simultaneously with this Praecipe to Transmit Record.
Respectfully Submitted:
~ ---
Je~ B. Costopoulos, Esquire ----
Attorney for Plaintiff
1400 N. Second Street
Harrisburg, PA 17102
Phone: (717) 221-0900
PA S.Ct ill No. 687355
Dated:
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KEVIN W. CLAPPER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. OO-S~?S
CIVIL
SIERRA M. CLAPPER,
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 may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the di vorce is indigni ties or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary, Dauphin County Courthouse, Front &
Market Streets, Harrisburg, Pennsylvania 17101.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER I S FEES OR EXPENSES BEFORE A DIVORCE AR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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KEVIN W. CLAPPER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No.
CIVIL
SIERRA M. CLAPPER,
Defendant
IN DIVORCE
COMPLAINT
AND NOW comes Plaintiff, by his attorney, Kent H. Patterson,
and files this Complaint in Divorce, based upon the following:
1. Plaintiff, Kevin W. Clapper, is an adult individual
residing at 906 Hummel Avenue, Apartment 1, Borough of Lemoyne,
Cumberland County, Pennsylvania 17034.
2. Defendant, Sierra M. Clapper, is an adul t individual
residing
at
1422
Timberbrook
Drive,
Hampden
Township,
Mechanicsburg, Pennsylvania 17050.
3. Plaintiff has been bona fide resident in the COllllllonwealth
of Pennsylvania for at least six (6) months previous to the filing
of this Complaint.
4. Plaintiff and Defendant were married on April 11, 1992 in
State College, Pennsylvania.
5. There have been no prior actions for divorce or annulment
between the parties.
6. Plaintiff is a citizen of the United State of America.
7. Defendant is not a member of the Armed Services of the
United States or any of its allies.
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8. Plaintiff avers as the grounds on which this action is
based are that the marriage is irretrievably broken.
9. Plaintiff has been advised that counseling is available
and that the Plaintiff may have the right to request that the Court
require the parties participate in counseling.
10. Plaintiff requests the Court to enter a Decree in
Divorce.
WHEREFORE, Plaintiff requests Your Honorable Court to enter a
Decree of Divorce dissolving the marriage between Plaintiff and
Defendant and such further relief as the Court may determine
equitable and just.
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Kent H. Patterson
Attorney for Plaintiff
221 Pine Street
Harrisburg, PA 17101
(717) 238-4100
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VERIFICATION
I, Kevin W. Clapper, verify that the statements in the
foregoing Complaint are true and correct to the best of my
knowledge, information and belief. I understand that false
statements herein are made subject to penalties of 18 Pa.
C.S. 4904 relating to unsworn falsification to authorities.
IN It
Kevin W. Clapper
Date:
7-().s -Ob
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KEVIN W. CLAPPER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 00-5275
CIVIL
SIERRA M. CLAPPER,
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
I, Kent H. Patterson, attorney for Plaintiff, hereby
certify that I served Defendant with the Complaint in Divorce on
August 11, 2000 by mailing a copy of same by U.S. Certified Mail,
postage paid, addressed to Defendant as follows:
Sierra M. Clapper
1422 Timberbrook Drive
Mechanicsburg, PA 17050
Attached hereto is the sender's receipt and the return
receipt card which is signed by Sierra M. Clapper and indicates a
date of delivery of August 14, 2000.
i~,r/W~
ient H. Patterson
Attorney for Plaintiff
221 pine Street
Harrisburg, PA 17101
(717) 238-4100
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No.
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P 149 800 535
-Postage
Certified Fee
Spedal Delivery Fee
':i-ill.:
'':i "i . Complete items 1 and/or 2 for additional services.
. n . Complete items 3, 4a, -and 4b.
'IV . Print your name and address on the reverse of this form so that we can return this
~ card to you.
~ . Attach this form to the front of the mail piece, or on the back if space does not
::. permit.
. Write "Return Receipt Requested" on the mailpiece below the article number.
CI) . The Return Receipt will show to whom the article was delivered and the date
.s delivered.
S 3. Article Addressed to:
l~' Sierra (YJ, (]/o.pj7er
~' !L/,;J..;; /ihJb~rbrooK.,:Unve
/77ech an /cs bU{J- ?", /7flSl)
I also wish to receive the
following services (for an
extra fee),
1 ,0 Addressee's Address
2, 0" Restricted Delivery
Consult postmaster for fee.
4a. Article Number
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Plaintiff
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: IN 1HE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 00-5275 CIVIL TERM
SIERRA M. CLAPPER,
Defendant
: CIVIL ACTION - LAW
: DNORCE
.
PLAINTIFF'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c) OF THE DIVORCE CODE
AND WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301( c) of the Divorce Code was filed on July 27,
2000.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decreegf !!jy:orce after service of notice of intention to
request entry of the decree.
4. I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C. S. ~4904 relating to
Unswom falsification to authorities.
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Signature:
Kevin W. apper
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KEVIN W. CLAPPER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: No, 00-5275 CIVIL TERM
SIERRA M. CLAPPER,
Defendant
: CIVIL ACTION . LAW
: DIVORCE
PLAINTIFF'S WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
llNDER SECTION 3301W OF THE DIVORCE CODE
1. I consent to the entry of a :linal decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees, or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and
that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
4. I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of18 PaC-So ~4904 relating to
unsworn falsification to authorities.
Dated:
:/zcoI01-
Signature:
Kevin W. Cia
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KEVIN W. CLAPPER,
Plaintiff
: IN TIIE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No, 00-5275 CIVlL TERM
SIERRA M. CLAPPER,
Defendant
: CIVIL ACTION . LAW
: DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c) OF THE DIVORCE CODE
AND WAIVER OF COUNSELING
I. A Complaint in Divorce under Section 3301( c) of the Divorce Code was filed on July 27,
2000.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
4. I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~904 relating to
unsworn falsification to authorities.
Date: 4-").<;;-04--
Signature: ~~~~
Sierra M. Clapper
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KEVIN W. CLAPPER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No, 00-5275 CIVIL TERM
SIERRA M. CLAPPER,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
DEFENDANT'S WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 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 of the decree will be sent to me immediately after it is filed with the
Prothonotaiy.
4. I verifY that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 PaC.S. 94904 relating to
. unsworn falsification to authorities.
Dated: ~ -do 5'-0 d-
Signature: k~~~~
Sierra M Clapper
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KEVIN W. CLAPPER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00-5275 CIVIL
SIERRA M. CLAPPER,
Defendant
IN DIVORCE
NOTICE
If you wish to defend any of the statements set forth in this
Affidavit, you must file a Counter-Affidavit within twenty (20)
days after this Affidavit has been served on you or the statements
will be admitted.
AFFIDAVIT UNDER SECTION 330l(d)
OF THE DIVORCE CODE
1. The parties to this action separated on March 4, 1999, and
have continued to live separate and apart for a period of at least
two years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are made
subject to penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:
I-IY-OL
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KEVIN W. CLAPPER,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
SIERRA M. CLAPPER,
Defendant
NO. 00-5275 CIVIL TERM
IN DIVORCE
DEFENDANT'S COUNTER-AFFIDAVIT
UNDER SECTION 3301 (Dl OF THE DIVORCE CODE
1. Check either (a) or (b):
~ (a) I do not oppose the entry of a Divorce Decree.
(b) I oppose the entry of a Divorce Decree because
(check (i), (Ii) or both):
(i) The parties to this action have not
lived separate and apart for a period
of at least 2 years.
(Ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
(a) I do not wish to make any claims for economic relief. I
understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a
divorce is granted.
L (b) I wish to claim economic relief which may include alimony,
division of property, lawyer's fees or expenses or other important
rights.
I verify that the statements made in this Counter-Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S, Section 4904 relating
to unsworn falsification to authorities.
Date:
d-IS-O-,:}.-
J; l~Q~f-
SIERRA M. C PPE
-
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.
CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing Counter-Affidavit
upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as
follows:
Kent H. Patterson, Esquire
221 Pine Street
Harrisburg, PA 17101
Date: :2/ fJO / tWO')...
~. ~-04
Samuel L. Ande
Attorney for Defendant
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KEVIN W. CLAPPER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 00-5275 CIVIL
SIERRA M. CLAPPER,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
PRAECIPE TO ENTERlWITHDRAW APPEARANCE
To the Prothonotary:
Please withdraw the appearance of Kent H. Patterson, Esquire, as attorney for the Plaintiff,
Kevin W. Clapper.
DATED:)~).~- O'J.-.
BY:
LIl$~
~t H. Patterson, Esquire
221 Pine Street
Harrisburg, PA 17101
(717) 761-5361
Please enter the appearance of Jeanne B. Costopoulos, Esquire, as attorney for the Plaintiff,
Kevin W. Clapper.
DATED: J /:2!fA-
BY:
/:1
JeaHtle B. Costopoulos, Esquire
1400 North Second Street
Harrisburg,PA 17102
(717) 221-0900
PA Supreme Ct ill No. 68735
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KEVIN W. CLAPPER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: No. 00-5275 CIVIL
SIERRA M. CLAPPER,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
CERTIFICATE OF SERVICE
I hereby certity that I am this day serving a copy of the foregoing Praecipe to
Enter/Withdraw Appearance upon the person and in the manner indicated below, which service
satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
the same in the United States Mail, at Harrisburg, Pennsylvania, through first class certified
mail, prepaid and addressed as follows:
Samuel L. Andes, Esquire
525 North Twelfth Street
P.O. Box 168
Lemoyne, P A 17043
BY:
~ ---
Jean!e B. Costopoulos, Esquire
COSTOPOULOS & WELCH
1400 North Second Street
Harrisburg, P A 17102
ID# 68735 Tel. (717) 221-0900
ATTORNEY FOR PLAINTIFF
Date:
5/2.lrJ;(
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KEVIN W. CLAPPER,
Plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 00-5275 CIVIL TERM
SIERRA M. CLAPPER,
Defendant
IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME
NOTICE IS HEREBY GIVEN that SIERRA M. CLAPPER, Defendant in the above matter,
having been granted a Final Decree in Divorce on the 7th day of May 2002, Defendant,
hereby elects to resume the prior surname of SIERRA MARK, and gives this written notice
pursuant to the provisions of 54 P.S. S 704.
Date:
20 May 2002
~~
SIER~ M. CLA ~
~'O~fi^iL-
SIERRA MARK
COMMONWEALTH OF PENNSYLVANIA )
(SS.:
COUNTY OF CUMBERLAND )
On the 20th day of MAY , 2002, before me, the undersigned officer,
personally appeared SIERRA M. CLAPPER, known to me (or satisfactorily proven) to be the
person whose name is signed to the within Notice to Resume Prior Surname and acknowledged
that she executed the foregoing for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~.~
Notary blic.
NOl ARIAL SEAL
AMY M HARKINS NOTARVPUBlIC
EMOYNE 'BORO CUMBERLAND COUNTY
~Y COMMISSION' EXPIRES IAN, 31, 2005
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