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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF +? PENNA.
TODD LOUIS FI611,Eii.
Plaintiff
VERSUS
MELI3Sd JEAN FISHiiH,
Defendant
AND
DECREE IN
DIVORCE
AND NOW, 2007 IT IS ORDERED AND
DECREED THAT T'O'DD LOUISTC'DD »?;1?E:it? :it PLAINTIFF,
ME:LISSik JEMI rIS11; :H
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
,DEFENDANT,
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;
N wa-
N O. 99-6540 Civil Term
BY
ATTEST: J.
PROTHONOTARY
The Separation Agreement and Property Settlement dated is hereby
incorporated into, but shall not merge with, this Decree.
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7
TODD LOUIS FISHER,
Plaintiff
V.
MELISSA JEAN FISHER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6540 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
SEPARATION AGREEMENT AND PROPERTY SETTLEMENT
This Agreement, made and entered into this 19"9 day of a&2eW- ,
2001, between MELISSA JEAN FISHER, of Mechanicsburg, Cumberland County, Pennsylvania,
hereinafter referred to as "Wife", and TODD LOUIS FISHER, of Camp Hill, Cumberland County,
Pennsylvania, hereinafter referred to as "Husband".
WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married
to each other on September 14, 1991 in Mechanicsburg, Cumberland County, Pennsylvania;
WHEREAS, there has been one (1) child bom of this manage between Husband and
Wife, to wit: TARA JEAN FISHER, bom March 2, 1989.
WHEREAS, the parties hereto are now living separate and apart and desire to enter into an
Agreement respecting their property rights, regardless of the actual separation or other character
thereof and their other rights, including the Wife's right to support and maintenance;
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
execution hereof, and each has had the opportunity to consult with his or her own competent legal
counsel independent of each other;
WHEREAS, each party warrants, as part of the consideration of this Agreement, that each
has fully and completely disclosed all infomnation 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
WHEREAS, other than as set forth lierein, Wife desires finally and forever to relinquish all
of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving
spouse or otherwise, actual, currently existing, or inchoate, in 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
alimony, alimony pendente lite, 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, and all rights to alimony,
alimony pendente lite, counsel fees or expenses;
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NOW, THEREFORE, lie parties hereto intending to be legally bound hereby do hereby f,
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mutually agree as follows:
1. 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.
2. No Molestation, Harassment or Interference. Neither party shall molest, harass
or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him
or her by any means whatsoever.
3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth
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, relinquish, and forbear the
rights of dower or curtcsy, rights to inherit, 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 in 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
unmarried, 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.
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 equitable
distribution of married property ordered by the Court subsequent 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 right 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.
4. Child Custody. Husband and Wife hereby agree that they shall share legal custody
of their children. Wife shall have primary physical custody of the children and Husband shall have
liberel periods of partial custody and visitation at such times as agreed upon by the parties, which
shall include, at a minimum, one evening per week and every other weekend..
5. Support
A. Child Support. For so long as Husband remains current in his obligation for monthly
payments to The Associates Home Equity Services as provided in Paragraph 7 of this Agreement,
Wife agrees that she shall not file for child support modification until after Husband's obligations
for said payments shall cease. In the event that Husband shall become delinquent in said payments
by more than sixty (60) days, Wife shall be entitled to file for child support without any adverse
effect upon Husband's obligations in Paragraph 7 herein. In the event that the parties cannot agree
on an amount for child support to commence after Husband's obligation in Paragraph 7 has
concluded, and thereafter, child support shall be determined by lie appropriate county Domestic
Relations Office.
B. Medical Care for the Children. The parties agree that the children shall be carried upon
the employer sponsored medical insurance programs provided to Husband. Ilie parties further
agree that any medical or dental expenses for the children not covered by insurance shall be divided
equally between them.
6. Division of Personal Property. Except as otherwise provided herein, the parties
agree that all items of personal property obtained by the parties during their marriage had been
divided amongst the parties to their mutual satisfaction. Henceforth, each of the parties shall own,
have and enjoy, independently of any claim of right of the other party, all items of personal property
of every kind, nature and description and wheresoever situated which arc now owned or held by or
which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband
or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or
she were unmarred.
7. Debts. The parties are jointly pursuing a bankruptcy action in the United States
Bankruptcy Court for the Middle District of Pennsylvania. The parties hereby agree that in
consideration for Husband's transfer of his interest in the marital real estate to Wife, Wife shall
reaffirm the first mortgage obligation in favor of Norwest Mortgage, Inc. and the second mortgage
obligation in favor of The Associates Home Equity Services, as assigned from Life Bank. Wife
shall become solely responsible for the first mortgage obligation. For so long as Wife resides in the
marital real estate or until the second mortgage obligation is paid in full, whichever shall conic
earlier, Husband agrees to pay to The Associates Home Equity Services the sum of $306.93 per
month. For so long as Husband remains current on said payments, Wife agrees that she shall not
file for modification of child support. In the event that Wife shall file for modification of current
child support order which is in the amount of $50.00 per week, Husband's obligation to make
payments to The Associates Home Equity Services herein shall cease.
8. Future Debts. The parties further agree that neither will incur any more further
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 hold the other harmless from any and all liability
thereof.
9. Real Property. The parties agree that the real property located at I Mellwood Lane,
Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania, shall become the sole
and separate property of Wife. Husband agrees to transfer all his right, title and interest in and to
said real estate now titled in the name of Husband and Wife as tenants by the entireties to Wife and
agrees to immediately execute now and in the future any and all deeds, documents or papers
necessary to effect such transfer of title upon request. Wife further agrees that she shall reaffirm the
first mortgage obligation to Norwest Mortgage, Inc. and the second mortgage obligation to The
Associates Home Equity Services, as assigned from Life Bank, secured by said property.
Hereinafter, Wife shall be solely responsible for the first mortgage obligation. Husband's liability
for the second mortgage obligation shall be controlled as set forth in Paragraph 7 herein.
10. Waiver of Alimony. In consideration of the mutual agreement of the parties
voluntarily to live separate and apart and the provisions contained herein for the respective benefit
of the parties and other good and valuable consideration, the parties agree to waive any and all
claims for any alimony.
It. Pension. Both parties agree to waive any claims they may have to any pension or
employment benefits of any kind, earned during the marriage, by time other party.
12. Divorce. The parties acknowledge that an action for divorce between them has
been filed by Husband and is presently pending between them in the Court of Common Pleas of
Cumberland County to the caption Todd Louis Fisher v. Melissa Jean Fisher, No. 99-6540 Civil
Term. Tlrc parties acknowledge their intention and agreement to proceed in said action to obtain a
final decree in divorce by mutual consent on time grounds that their marriage is irretrievably broken,
and to settle amicably and fully hereby all claims raised by either party in the divorce action. The
parties acknowledge they have executed simultaneously herewith the necessary Affidavits of
Consent for die entry of a final divorce decree in that action.
13. Breach. In the event that either party breaches any provision of this Separation and
Property Settlement Agreement, lie or she shall be responsible for any and all costs incurred to
enforce the terms hereof, including, but not limited to, court costs and reasonable counsel 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.
14. Enforcement. The panics agree that this marital settlement agreement or any part
or parts hereof may be enforced in any court of competent jurisdiction.
15. 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.
16. 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.
17. 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, but shall not
merge with, any such judgment for divorce, either directly or by reference. 77te Court, on entry of
judgment for divorce, shall retain the right to enforce the provisions and terns of this marital
settlement agreement.
18. 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
purposes of this Agreement. If either party fails on demand to comply with this provision, that
party shall pay to the other all attorneys 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 first
written above.
WITNESS:
TODD LOUIS
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SS
On the 1_1 a,} day of OcT c-IZ , 2001, before me, the undersigned officer, a
Notary Public, personally appeared MELISSA JEAN FISHER, known to me or satisfactorily
proven to be the person whose name is subscribed to the within instrument, and acknowledge that
she executed the foregoing for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NOTARY PUBLIC
New CumberlarM Born., Cumberland Co.
COMMONWEALTH OF PENNSYLVANIA: My Commission Expires June 21, 2004
COUNTY OF CUMBERLAND
: SS
On the day of (?)a?lL , 2001, before me, the undersigned officer, a
Notary Public, personally appeared TODD LOUIS FISHER, known to me or satisfactorily proven
to be the person whose name is subscribed to die within instrument, and acknowledge tint he
executed the foregoing for die purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
F4
NOTARY PUBLIC
NOTARIAL SEAL
ROBERT PETER KLINE, Notary Public
New Cumberland Boro., Cumberland Co.
My Commission Erplres June 21, 2004
NOTARIAL SEAL
ROBERT PETER KUNE, Notary Public
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TODD LOUIS FISHER,
Plaintiff
V.
MELISSA JEAN FISHER,
Defendant
:1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-6540 CIVIL TERM
: CIVIL ACTION - LAW
: 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 Section 3301(d)(1) of the
Divorce Code.
2. Date and manner of service of the Complaint: Certified mail on October 28, 1999.
3. Date of execution of the Affidavit of Consent required by Section 3301(d) of the
Divorce Code: October 17, 2001; date of filing and service of Plaintiffs Affidavit upon
Respondent: October 17, 2001.
4. Related claims pending: None. All related claims have been resolved pursuant to
Separation Agreement and Property Settlement dated October 17, 2001, which shall be
incorporated by reference, but which shall not merge with the Divorce Decree entered in this
matter.
5. Indicate date and manner of service of the notice of intention to file pmecipe to
transmit record, a copy of which is attached: October 17, 2001, by personal service.
Respectfully submitted,
oh4l
Date
{?lti. --200. J?'V (-A/451L
Kirstin M. Sweigard, Esquire
KLINE LAW OFFICE
714 Bridge Street
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiff
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TODD LOUIS FISHER,
Plaintiff
V.
MELISSA JEAN FISHER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99- j 4AIC) CIVIL TERM
CIVIL ACTION - LAW
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 of 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
TODD LOUIS FISHER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO. 99- C S?yo CIVIL TERM
MELISSA JEAN FISHER, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is TODD LOUIS FISHER, an adult individual, currently residing at 707
Pear Street, Apt. N2, Lemoyne, Cumberland County, Pennsylvania.
2. Defendant is MELISSA JEAN FISHER, an adult individual, currently residing at 1
MCIwoGd Lane, Mechanicsburg (Silver Spring Township), Cumberland County, Pennsylvania.
3. Plaintiff and Defendant are bonafide 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 September 14, 1991 in Mechanicsburg,
Cumberland County, Pennsylvania.
5. There have been no prior actions for divorce or annulment between the parties.
6. The Defendant is not a member of the Armed Forces of the United States of
America, or its Allies.
7. The Plaintiff has been advised of the availability of counseling and the right to
request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff
does not desire that the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are citizens of the United States of America.
9. The parties have lived separate and apart since approximately February 1, 1999 and
continue to live separate and apart as of the date of this Complaint.
10. The parties' marriage is irretrievably broken.
11. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety
days from the date of the filing of this Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce.
Respectfully Submitted,
2q-oc.T- nqn
Date ROBERT PETER KLINE, E QUIRE
331 Bridge Street, Suite 350
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing Divorce Complaint are true and correct. 1
understand that false statements herein made are subject to the penalties of Pa.C.S. Section 4904
relating to unswom falsification to authorities.
Date TODD LOUIS FISHER
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TODD LOUIS FISHER,
Plaintiff
V.
MELISSA JEAN FISHER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6540 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICE OF INTENTION TO REQUEST ENTRY OF
0301(4) DIVORCE DECREE
To: Melissa Jean Fisher, Defendant
You have been sued in an action for divorce. You have failed to answer the complaint or
rile a counter-affidavit to the §3301(d) affidavit. Therefore, on or after November 7, 2001, 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. The filing of the form counter-affidavit alone does not protect your economic
claims.
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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TODD LOUIS FISHER,
Plaintiff
V.
MELISSA JEAN FISHER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6540 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1. The parties to this action separated on or about February 1, 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 1 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. §4904 RELATING TO UNSWORN FALSIFICATION TO
AUTHORITIES.
Date:
TODD LOUIS FISHER, Plaintiff
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TODD LOUIS FISHER,
Plaintiff
V.
MELISSA JEAN FISHER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-6540 CIVIL. TERM
: CIVIL ACTION - LAW
: IN DIVORCE
COUNTER-AFFIDAVIT UNDER §3301(d)
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
two years.
0 (ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
Q (a)1 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.
Q (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 notice to me, and 1 shall be unable thereafter to file any economic claims.
I verify that the statements made in this affidavit arc true and correct. 1 understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom
falsification to authorities.
Date:
MELISSA JEAN FISHER, Defendant
NOTICE: IF YOU DO NOT WISH TO OPPOSE TI IE ENTRY OF A DIVORCE DECREE AND
YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD
NOT FILE THIS COUNTER-AFFIDAVIT.
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TODD LOUIS FISHER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-6540 CIVIL TERM
MELISSA JEAN FISHER, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
AFFIDAVIT OF SERVICE
I HEREBY CERTIFY THAT I served a certified copy of the Complaint in Divorce filed in
the above captioned case upon Defendant, by certified mail, return receipt requested on October 28,
1999, addressed to :
Melissa Jean Fisher
1 Melwood Lane
Mechanicsburg, PA 17055
and did thereafter receive same as evidenced by the attached Post Office receipt card dated
October 30, 1999.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF
SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,
INFORMATION AND BELIEF. 1 UNDERSTAND THAT FALSE STATEMENTS HEREIN
MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
Date
331 Bridge Street, Suite 350
Post Office Box 461
New Cumberland, PA 17070-0461
(717) 770-2540
Attorney for Plaintiff
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