HomeMy WebLinkAbout99-02902
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1 C-
III! THE COURT OF COMMON
OF CUMBERLAND COUNTY
STATE O
e MS
F 1 PENNA.
..................CINDY. GINTER........ _ ...... !
........
Plaintiff
............... __...... .......... _........ _..............
Versus
DAMEN R. GINTER, SR...r........ 'I
_ .....................
Defendant
PLEAS
No.9 -.2902.... CIVIL TERM 19
DECREE IN
DIVORCE
AND NOW, 190.6*\ ., it is ordered and
decreed that ......... UND}', GINTE.R , ... • ...... • • ........: • .. , plaintiff,
and ................... DAMEN .R...GINTER,. SR, .............. , defendant,
are divorced from the bonds of matrimony.
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The court retains jurisdiction of the following claims which have
o been raised of record in this action for which a final order has not yet
been entered;
No-issues -are •outstanding.••No-issues -were -raised-by•either. party ..........
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CINDY GINTER,
Plaintiff
V.
DAMEN R. GINTER, SR.,
Defendant
To the Prothonotary:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-2902 Civil Term
CIVIL ACTION - LAW
DIVORCE
PRAECIPE OF TRANSMIT RECORD
Transmit the record, together with the following information, to the court for
entry of a divorce decree:
1. Ground for divorce:
Irretrievable breakdown under Section 3301(D) of the Divorce Code.
2. Date of filing and manner of service of the complaint:
a. Date of filing of Complaint: 5/13/99
b. Manner of service of Complaint: certified mail restricted delivery
c. Date of Service of Complaint: 5/17/99
3. Date of execution of the affidavit of consent required by Section 3301 (c) of
the Divorce Code:
a. Plaintiff.: N/A
b. Defendant: N/A
OR
Date of execution of the Plaintiff's affidavit required by Section 3301(d) of
the Divorce Code and date of service of the Plaintiff's 3301 (d) affidavit upon
the Defendant:
a. Date of execution: 5/11/99
b. Date of filing: 5/13/99
C. Date of service: 5/17/99
4. Related claims pending:
No issues are pending. No issues were raised by either party in these
proceedings.
S. Date and manner of service of the Notice of Intention to file Praecipe to
Transmit Record, a copy of which is attached, if the decree is to be entered
under Section 3301(d)(1)(i) of the Divorce Code:
a. Date of Service: 6/14/99
b. Manner of Service: HAND DELIVERY
OR
Date Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary:
a. Plaintiff's Waiver: N/A
b. Defendant's Waiver: N/A
CLIFF, ESQUIRE
3448 Trindle Road
Camp Hill, PA 17011
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CINDY GINTER,
Plaintiff
V. : NO. 99-2902 Civil Term
DAMEN R. GINTER, SR., : CIVIL ACTION - LAW
Defendant DIVQRCE
I, Diane G. Radcliff, Esquire, being duly affirmed according
Ito law, deposes and says:
A true and correct copy of the Notice of Intent to Request
Entry of Divorce Decree and 3301(d) Counter-Affidavit was served
upon the Defendant, Damen R. Ginter, Sr., by Personal Service, Hand
Delivery at the Law Offices of Diane G. Radcliff, Esquire, 3448
Trindle Road, Camp Hill, PA 17011 the 14th day of June, 1999.
Respectfully sub,' ted,
3448 Tri e Road
amp ill, PA 17 011
Phone: (717) 737-0100
Fax: (717) 975-0695
I.D. No. 32112
Attorney for Plaintiff
Sworn to and subscribed before me
a Notary Public in and for
r! ?!?!!?? County, Pennsylvania
this 14-W -day of ? C_ , 199 ,
NOTARY PUBLIC
DIANE G. RADCLIFF
11 EDOborah . Donley, Notary Public
3"8 TRINDLE ROAD
CAMP HILL. PA 17011
47171737.0100
My commission expires:
Notarial Seal
OrO. Cumberland Coun ly
on Expires Sept 23 +nor,
nncmhnr opnnq,n?a n.: l ?. nr:••,. ..
DIANE G. RADCLIFF
3446 TRINDLE ROAD
CAMP HILL. PA 17011
(717) 737-0100
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CINDY GINTER,
Plaintiff
V. NO.Z,99-2902 Civil Term
DAMEN R. GINTER, SR., : CIVIL ACTION - LAW
Defendant DIVORCE
NOTT OF INTENTION TO REQUEST
F.NTRy OF 3301 (d) DIVORCE DECREE
TO: DAMEN R. GINTER, SR.,
DEFENDANT 4
You have been sued in an action for divorce. You have failed
to answer the Complaint or file a counter-affidavit to the 3301(d)
affidavit. Therefore, on or after July 6, 1999, the other party
can request the court to enter a final decree in divorce.
If you do not file with the Prothonotary of the court an
answer with your signature notarized or verified or a counter-
affidavit by the above date, the court can enter a final decree in
divorce. A counter-affidavit which you may file with the
Prothonotary of the court is attached to this notice.
Unless you have already filed with the court a written claim
for economic relief, you must do so by the above date or the court
may grant the divorce and you will lose forever the right to ask
for economic relief. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH
THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. The
filing of the form counter-affidavit alone does not protect your
economic claims.
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CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
4
Respectfully suh> tted,
ec lrin le xoaa
PA 17011
Supreme Court ID # 32112
Phone: (717) 737-0100
Fax: (717) 975-0697
Attorney for Plaintiff
DIANE G. RADCLIFF
3448 TUNDLE ROAD
CAMP HILL, PA 17011
(717) 737-0100 11
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.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CINDY GINTER,
Plaintiff
V. : N0..1,99-2902 Civil Term
DAMEN R. GINTER, SR., CIVIL ACTION - LAW
Defendant DIVORCE
COUNTER-AV TDAVTT UNDER rT Sa 7 07Cd1
OF TRF. DIYQRcE nnnn
1. Check either (a) or (b) :
[ l (a) I do not opposg the entry of a divorce decree.
[ ] (b) I oppose the entry of a divorce decree because
Check (i), (ii) or both:
[ l (i) The parties to this action have not lived
separate and apart for a period of at least
two 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.
[ ] (b) I wish to claim economic relief which may include
alimony, division of property, lawyer's fees or
expenses or other important rights.
I understand that in addition to checking (b) above, I must
also file all of my economic claims with the Prothonotary in
writing and serve them on the other party. If I fail to do so
before the date set forth on the Notice of Intention to Request
Divorce Decree, the divorce decree may be entered without further
delay.
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:
P-aint1LT e en ant
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL. PA 17011
(717) 737-0100
VOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE
3ND YOU DO NOT WISH ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT I
71LE THIS COUNTER-AFFIDAVIT.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CINDY GINTER,
Plaintiff
V. c NO. gg .2 901. l? vcy 71t.-
DAMEN R. GINTER, SR., ; CIVIL ACTION - LAW
Defendant DIVORCE
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737.0100
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for 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 Cumberland County Courthouse, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY;
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CINDY GINTER,
Plaintiff
V. : NO. 9?'j • ,290 l.euc? ;'
DAMEN R. GINTER, SR., CIVIL ACTION - LAW
Defendant DIVORCE
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737-011
day of
AND NOW, this 1j' 1999, comes the
7.?
Plaintiff, Cindy Ginter, by her attorney, DIANE G. RADCLIFF,
ESQUIRE, and files this Complaint in Divorce of which the following
is a statement:
COUNT I• DIVORCE
1. The Plaintiff is Cindy Ginter, an adult individual residing at
409 Ross Avenue, Lot 9, Cumberland County, New Cumberland,
Pennsylvania 17070.
2. The Defendant is Damen R. Ginter, Sr., an adult individual
residing at 4 Haveford Circle, Manchester, PA 17345.
3. Plaintiff and/or Defendant have been bona fide residents of
the Commonwealth for at least six (6) months previous to the
filing of this Complaint.
4. Plaintiff and Defendant were married on 5/25/91 at
Mechanicsburg, Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or annulment
between the parties.
6. Plaintiff has been advised of the availability of counseling
and the right to request that the Court require the parties to
-2-
participate in counseling.
,I 7. The Defendant is not a member of the Armed Services of the
United states or any of its Allies.
8. The Plaintiff avers that the grounds on which the action is
based are:
a. That the marriage is irretrievably broken;
and/or in the alternative,
b. That the parties are now living separate and apart, and
concurrently herewith, Plaintiff is submitting an
Affidavit alleging that the parties have lived separate
and apart for at least two (2) years and that the
marriage is irretrievably broken.
WHEREFORE, Plaintiff requests this Honorable Court to enter a
decree in divorce, divorcing the Plaintiff and Defendant.
Respectfully submitted,
DIAN , J2ADCL F, ESQU
Camp Hi PA 17011
eme Court ID 432112
Phone: (717) 737-0100
Fax: (717) 975-0697
Attorney for Plaintiff
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 7370100 -3-
VERIFICATION
I verify that the statements made in this Complaint are true
and correct. I understands that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904, relating to
unsworn falsification to authorities.
Cin y Gi ter
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737.0100
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DIANE G. RADCLIFF
)ACA 1WNDLi ROAD
CAMP 1111.1, 1'A 17011
(717)7)7.0100
CINDY GINTER,
Plaintiff
v.
DAMEN R. GINTER, SR.,
Defendant
CIVIL ACTION - SLAW
NO . qGj . :190 2 ?Cuc 0 T1-.
IN DIVORCE
If you wish to deny any of the statements set forth in this
Affidavit, you must file a counter-affidavit within twenty days
after this Affidavit has been served on you or the statements will
be admitted.
AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1. The parties to this action separated on February 3, 1995 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 the penalties of 18 Pa.C.S. Section 4904 relating to
Insworn falsifications to authorities.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CINDY GINTER,
Plaintiff
V. ; NO. 99-2902 Civil Term
DAMEN R. GINTER, SR., ; CIVIL ACTION - LAW
Defendant DIVORCE
CERTIFICATE O SERVICE
I hereby certify that a true and correct copy of the Complaint
in Divorce and 3301(d) Affidavit has been served upon the
Defendant, Damen R. Ginter, Sr., by Certified Mail, Restricted
Delivery on May 17, 1999. The return receipt is attached hereto as
Exhibit "A" and made a part hereof.
Respectfully submitted,
j e Road
mp Hill, P A 17011
Ph 7) 737-0100
Fax: (717) 975-0695
Supreme Court ID #32112
Attorney for Plaintiff
DIANE '!'RA
3448 TRINDLI3 ROAD
CAMP IIILL,, PA 17011
(717) 737-0100
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EXHIBIT "A"
RETURN RECEIPT
OIANIi G. RAIX'1 IIT
:1449 7 RINDLf. ROAD
CAMP 1111.1., PA 17011
1 171737.ORx1
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CINDY GINTER,
Plaintiff.
V. NO. 99-2902 Civil Term
DAMEN R. GINTER, SR., CIVIL ACTION - LAW
Defendant DIVORCE
I, Diane G. Radcliff, Esquire, being duly affirmed according
to law, deposes and says:
A true and correct copy of the Notice of Intent to Request
Entry of Divorce Decree and 3301(d) Counter-Affidavit was served
upon the Defendant, Damen R. Ginter, Sr., by Personal Service, Hand
Delivery at the Law Offices of Diane G. Radcliff, Esquire, 3448
Trindle Road, Camp Hill, PA 17011 the 14th day of June, 1999.
Respectfully sub ' ted,
3448 Tri e Road yVK
amp Mill, PA 17 011
Phone: (717) 737-0100
Fax: (717) 975-0695
I.D. No. 32112
Attorney for Plaintiff
Sworn to and subscribed before me
a Notary Public in and for
Count Pennsylvania
this 14 day of 199.7-
NOTARY PUBLIC
DIANE G. RADCLIPP
3418 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737-0100
My commission expires:
Notarial Seal
Debprah L. Donley, Notary Public
Camp Hill 6oro. Cumberland County
My Commission Expires Sepl 23 i noy
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CINDY GINTER,
Plaintiff
V.
DAMEN R. GINTER, SR.,
Defendant
NO. 99-2902 Civil Term
: CIVIL ACTION - LAW
: DIVORCE
12t=ER-AFFI1)AVTT =MR G TQ 1-4011d)
OF THE DTVOF nnm
1. `Check either (a) or (b):
rI (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
two years.
[ l (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.
[ ] (b) I wish to claim economic relief which may include
alimony, division of property, lawyer's fees or
expenses or other important rights.
DIANE. G. RAllCL11-F
1448 T1UNDLG ROAD
CAMP HILL. PA 17011
(717) 717010(1
I understand that in addition to checking (b) above, I must
also file all of my economic claims with the Prothonotary in
writing and serve them on the other party. If I fail to do so
before the date set forth on the Notice of Intention to Request
Divorce Decree, the divorce decree may be entered without further
delay.
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.
ainti De e ant
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE
AND YOU DO NOT WISH ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT
FILE THIS COUNTER-AFFIDAVIT.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737.0100
11CINDY GINTER,
Plaintiff
V.
DAMEN R. GINTER, SR.,
Defendant
NO. 99 -2902
CIVIL ACTION - LAW
CUSTODY
0 I SENT C TQTOn__ Y ORnm
AND NOW THIS -VA"ay of AA 4?99, upon consideration
of the within Stipulation, IT IS HEREBY ORDERED AND DECREED that
the terms of the parties' Stipulation are entered as an Order of
Court, the same as if they had been entered after a full and
complete hearing on the issues resolved by the Court.
Distribution to:
Diane G. Radcliff, Esquire
3448 Trindle Road
=amp Hill, PA 17011 b/a`f/97
?amen R. Ginter, Sr.
I Haveford Circle
7anchester, PA 17345
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CINDY GINTER,
Plaintiff.
V. NO.
DAMEN R. GINTER, SR., CIVIL ACTION - LAW
Defendant CUSTODY
STIPULATED AGREEMENT
This Agreement made this jy r1-1 day of 300 1999 by and
between Cindy L. Ginter of 409 Ross Avenue, Lot 9, New Cumberland,
Pennsylvania (`Mother") and Damen R. Ginter, Sr. of 4 Haveford
Circle, Manchester, PA 17345, ("Father") pertaining to custody and.
support of their minor child, Damen R. Ginter, Jr., born July 26,
1991 ("the Child").
WITNESSETH
DIANE G. RADCLIFF
3"S TRINDLE ROAD
CAMP HILL, PA 17011
(7171737.0100
WHEREAS, the parties are the natural parents of a minor child,
Damen R. Ginter, Jr., born July 26, 1991 ("the Child"); and
WHEREAS, there are currently no existing agreements or orders
of court pertaining to custody of the Child; and
WHEREAS, Father is obligated to pay Mother child support in
the amount of $44.00 per week plus $5.00 on the arrears by Order,
dated September 3, 1996 and entered into the Court of Common Pleas
of Cumberland County, Pennsylvania, Domestic Relations Section, and
docketed to No. 852-S-94, PACES No. 136000055, DR No. 23044; and
.1) .
WHEREAS, the parties are desirous of entering into an
agreement pertaining to the support and custody of the Child.
NOW THEREFORE, in consideration of the premises and mutual
promises hereinafter set forth and in further consideration of the
best interest of the Child, the parties hereto, each intending to
be legally bound hereby, do covenant and agree as follows:
1. Mother shall have sole physical and legal custody of the
Child.
2. Father hereby waives all rights to legal and physical custody
of the Child.
3. In consideration of Father's waiver of his custody rights of
the Child, Mother agrees to suspend and terminate her
aforesaid support action and to cancel all arrears due and
owing by Father to Mother thereunder. This paragraph shall
not be deemed, however, to act, as a suspension of any arrears
due the Department of Puh'ic welfare, if any.
4. In the event Father ever seeks and/or obtains any right to
have legal and/or physical custody of the Child and such event
is not proceeded by Mother seeking or obtaining child support
from Father, then upon such event, the following shall apply:
a. Mother's support action shall be immediately
reinstated.
b. Father shall owe Mother child support arrears,
equals the child support arrears being canceled
pursuant to the provisions of paragraph 3 above,
which amount shall be added as arrears to the
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL. PA 17011
(717) 737-1-100 -3-
support order to be entered either by way of
reinstatement- of the existing support action or as
part of any new support action to be filed by
Mother.
C. A new support order shall be entered from the date
of Mother's request for child support in an amount
to be established by the Domestic Relations Office
in accordance with the support guidelines currently
in effect.
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737.0100
d. Any arrears due under this Agreement, or under the
new support order shall be immediately due and
payable and collectable under any procedure allowed
by law as well as by any method permitted under the
Domestic Relations law as it currently exists, or
as hereafter acted or amended.
5. At the request of either party, the terms of this Stipulated
Agreement shall be entered as a consensual order of court in
any court having jurisdiction of the matters governed by this
agreement and shall remain in effect unless modified by
further order of court, the parties specifically authorizing
that court to enter an order incorporating the terms hereof.
IN WITNESS WHEREOF, the parties have set their hands and seals
the day and year first above written.
fitness TE
Date:
-4-
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
(717) 737.0100
i
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D/A ?f A/.?i1 3` Y/mot
AMEN R''. GINTER, $P..
Date:4//??-/ 7
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On this the //"?day of ?/Q1./ 19?, before me
the undersigned o zcer, persona ly apeare Cindy L. Ginter,
known to me (or satisfactorily proven) to- be the person whose name
is subscribed to the within Agreement, and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and notarial seal.
Notarial Seat
Deborah L. Donley. Notary Public
Damp HIII Boro, Cumberland County NOTARY P L 02
My Commission Expires Sept. 23, 1999
em t, nnsmoa Association of Notaries
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On this the 111"14 day of 197y before me
the undersigned officer, pers na ,.y appearee Darren R. Ginter,
known to me (or satisfactorily proven) to be the person whose name
is subscribed to the within Agreement, and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial
seal.
NOTARY PUBLIC
Notarial Seal
Deborah L. Donley, Notary Public
Camp Hill Boro, Cumberland County
My Commission Expires Sept. 23, 1999
Membar vnnnovlvama a•r"O"ation of Notaries
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL. PA 17011
(717) 797-0100 -6-
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