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HomeMy WebLinkAbout08-6579 Debra R. Mehaffie, Esquire Attorney I.D. No. 90951 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 (717) 657-7797 fax Attorney for Plaintiff JENNIFER L. CLARK Plaintiff -v- TOD W. CLARK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ai - f D J`^ 7? ?l ?l T ?m CIVIL ACTION IN DIVORCE/CUSTODY 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 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quesjas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, elcaso puede proceder sin usted y decreto de divorcia o anulamiento puede ser emitido en su contra por law Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted Puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades or rompimiento irreparable del matrimonio, usted puede solicitor consejo matrimonial. Una lista de conser os matrimonales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, 1 Courthouse Square, Carlisle, Pennsylvania, 17013. SI USTED NO RELAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITITDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 J Debra R. Mehaffie, Esquire Attorney I.D. No. 90951 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 (717) 657-7797 fax Attorney for Plaintiff JENNIFER L. CLARK Plaintiff -v- TOD W. CLARK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 69- GSW Cr,.P ?? CIVIL ACTION IN DIVORCE/CUSTODY COMPLAINT UNDER SECTION 3301(c) and 3301(d)(1) OF THE DIVORCE CODE 1. The Plaintiff is JENNIFER L. CLARK, an adult individual who currently resides at 817 Factory Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is TOD W. CLARK, an adult individual whose last known address is 7386 Wertzville Road, Carlisle, Cumberland County, Pennsylvania, 17015. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 21, 2004 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. The marriage is irretrievably broken. 6. Plaintiff avers that this action is not collusive. 7. Plaintiff avers that neither party is an active member of the United States Military or its allies. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff avers the grounds for divorce: a. the marriage is irretrievably broken. WHEREFORE, Plaintiff prays for divorce from the bonds of matrimony existing between Plaintiff and Defendant. COUNTI CUSTODY 10. Paragraphs 1 through 9 above are incorporated herein by reference as though set forth in full. 11. There is one minor child of the marriage, namely Jarrett A Clark, born December 5, 2004. 12. The child is presently in the physical custody of Plaintiff/Mother who resides at 817 Factory Street, Carlisle, Cumberland County, Pennsylvania. 13. Since birth, the child has resided with the following persons and at the following addresses: ADDRESSES 817 Factory Street Carlisle, PA 17013 3742 Rutherford Road Harrisburg, PA 17111 5086 Lilac Lane, Apt. 201 Harrisburg, PA 17111 PERSONS Plaintiff Georgia Marston (Grandmother) Tom Marston (Grandfather) Plaintiff Defendant Plaintiff Defendant DATES 8/18/2007 - present 6/1/2006 - 8/17/2007 12/5/2004 - 5/31/2006 J 14. The relationship of Plaintiff to children is that of natural parent. 15. The relationship of Defendant to children is that of natural parent. 16. Plaintiff believes that Plaintiff and Defendant will be able to reach an agreement with respect to custody that can be entered as a Stipulation Agreement with the Court. However, in the event that an agreement is not reached, Plaintiff requests that an Order be entered granting shared legal custody to the parties, primary physical custody to Plaintiff and that Defendant be awarded periods of partial custody. WHEREFORE, Plaintiff requests this Honorable Court to enter a Stipulation Agreement with respect to custody of the parties minor child if an agreement can be reached. In the alternative, Plaintiff respectfully requests that this Court enter an Order granting shared legal custody to the parties, primary physical custody of the minor child to Plaintiff with periods of partial custody to Defendant. WHEREFORE, Plaintiff, JENNIFER L. CLARK, prays this Court to: a. Award Plaintiff a Decree in Divorce; b. Award Plaintiff primary physical custody of the minor child and provide Defendant with periods of partial custody; and c. Grant such further relief as the Court may deem equitable and just. Dated: 7C l 1\. A'ALJ" 11 1 A" LJy b.. ARINGI & SCARINGI, P.C. Attorney I.D. 90951 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 (717) 657-7797 fax debra cer scaringilaw.com ATTORNEY FOR PLAINTIFF JENNIFER L. CLARK : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -v- : NO. TOD W. CLARK : CIVIL ACTION Defendant : IN DIVORCE/CUSTODY VERIFICATION I, JENNIFER L. CLARK, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: / A ji j i, k pio 1j, J TT L. CLARK, Plaintiff { Debra R. Mehaffie, Esquire Attorney I.D. No. 90951 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 (717) 657-7797 fax Attorney for Plaintiff JENNIFER L. CLARK : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -v- : NO. TOD W. CLARK : CIVIL ACTION Defendant : IN DIVORCE/CUSTODY AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: 1? ?g AOAW? it ?QUk J IFE CLARK, Plaintiff ? w 411 1) fi ?-- CO O JENNIFER L. CLARK : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -v- : NO. 08-6579 TOD W. CLARK : CIVIL ACTION Defendant : IN DIVORCE/CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF DAUPHIN I, Amanda L. Emerson, Paralegal with Scaringi & Scaringi, P.C., being duly sworn according to law, depose and say that a true and correct copy of the Divorce Complaint in the above-captioned action was served upon Defendant TOD W. CLARK by way of Certified Mail, Restricted Delivery, Return Receipt Requested on December 3, 2008, as evidenced by the attached green card and printout from www.us s.com. To the best of my knowledge, the signature on the attached green card is that of TOD W. CLARK. I2.1 2o0 Dated Sworn to and subscribed before me this 'jt ?L day of 2008. Notary Public My Commission Expires: NOTARIAL SEAL COMMMC M RM MOhry Public SMMMMAMNA TWP. DAUPHIN COUN-V Mb CNI Maio" Ex0res .lam 2 rulimiua L. r-merson, Paralegal Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 4 IlwtQ viol Y1 LISPS - Track & Confirm Page 1 of 1 UNITED STATES POSTAL SEWIC Home I Help Track & Confirm Track & Confirm Search Results Label/Receipt Number: 7003 1680 0007 08891439 - .......- - °- Detailed Results: Track & Coiftm • Delivered, December 03, 2008, 4:15 pm, ANNVILLE, PA 17003 Enter Label/Receipt Number. • Notice Left, December 03, 2008,12:45 pm, ANNVILLE, PA 17003 < sack . Rem to USPUOM How > Notification Optiorls Track & Confirm by email .............. Get current event information or updates for your item sent to you or others by email. Go> Site Map Contact Us Forms Gov't Services Jobs Privacy Policy Terms of Use National & Premier Accounts Copyright@ 1999-2007 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA ¦ Complete items 1, 2, and 3. Also complete A. Signature ti item 4 if Restricted Delivery is desired. d 0 A? ¦ Print your name and address on the reverse 0 Add so that we can return the card to you. B. Received by (Printed ) Date of ¦ Attach this card to the back of the mailpiece, o or on the front if space permits. 1. Article Addressed to: D. Is delivery address d' from Item 1? 0 Yes X00 If YES, enter delivery add below: 14 vi, L/ ? {NL F-^ % It 3 9) DatA t/• ?{/1 V `? 1 Service Type Ell - 3 . iced Mail 0 Express Mail egistered 0 Return Receipt for Merchandise ?f Y W ?? L 5 1 ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) )ifyes 2. Article Number 7003 1680 0007 0889 1439 (Tisralbr lydm awvvfae ? PS Form 3811, February 2004 Domestic Retum Receipt 1102695-M41-11540 http://trkcnfrrnl .smi.usps.com/PTSIntemetWeb/InterLabelDetail.do 12/9/2008 r ? ._.. °? .__ , r-v a ? ( ? C , ,?, E .. ? ; ?. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JENNIFER L. CLARK, Plaintiff V. : NO. o8-6579-Civil Term TOD W. CLARK, Defendant : IN DIVORCE / CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER JENNIFER L. CLARK (hereinafter referred to as "MOTHER"), and TOD W. CLARK (hereinafter referred to as "FATHER"), stipulate and agree to the entry of an Order of Court awarding custody of their natural child JARRETT M. CLARK, born December 5, 2004 as follows: 1. The parents agree to share legal custody of the minor child. The parents agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each parent agrees not to impair the other parent's rights to shared legal custody of the child. Each parent agrees not to attempt to alienate the affections of the child from the other parent. Each parent shall notify the other of any activity or circumstance concerning his or her child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. Section 53og, each parent shall be entitled to complete and full information from any doctor, dentist, teacher, counselor, or other professional and to have copies of any reports or information given to either of them as a parent as authorized by statute. 2. Mother shall have primary physical custody of the minor child. Father shall have periods of partial physical custody in accordance with the following schedule: a. Two weekends a month, said weekends being weekends as agreed to by the parties. Said weekends will commence on Friday at 4:00 PM until Sunday at 4:00 PM. b. At other times as mutually agreed to by the parties. 3. The parents agree that each shall have the right of first refusal to care for the children if the other parent will be away from the children for a period of three (3) hours or more. Before a third party is asked to baby-sit, MOTHER and FATHER both agree to contact the other to give that parent the opportunity to have the children. 4. Holidays: The parents agree to the following schedule: (a) Thanksgiving - In even numbered years, FATHER shall have the right of custody from the Wednesday before Thanksgiving at 2:00 PM until Thanksgiving Day at 2:00 PM, with MOTHER having custody from Thanksgiving Day at 2:00 PM until the Friday after Thanksgiving at 2:00 PM. In odd numbered years, MOTHER shall have the right of custody from the Wednesday before Thanksgiving at 2:0o PM until Thanksgiving Day at 2:00 PM, with FATHER having custody from Thanksgiving Day at 2:00 PM until the Friday after Thanksgiving at 2:00 PM. 2 Is (b) Christmas - In even numbered years, MOTHER shall have the right of custody from December 24th at 3:00 PM through December 25th at noon, with FATHER having custody from December 25th at noon through December 26th at ii:oo AM. In odd numbered years, FATHER shall have the right of custody from December 24th at 3: oo PM through December 25th at noon, with MOTHER having custody from December 25th at noon through December 26th at ii:oo AM. (c) New Years - MOTHER shall have New Years in 2009 an in all odd years thereafter, and FATHER shall have NewYears in 201o and in all even years thereafter. The holiday time shall be from New Years' Eve at 5:00 p.m. until New Years' Day at 5:00 P.M. (d) Easter -FATHER shall have Easter in odd years and MOTHER shall have Easter in all even years. The Easter holiday is defined as Easter Sunday from 2: oo PM until 7:00 PM. (e) Mother's Day and Father's Day - MOTHER shall have Mother's Day and FATHER shall have Father's Day each year. The hours shall be from the Saturday before the holiday at 7:00 P.M. until Sunday at 7:00 p.m. (f) Memorial Day / Fourth of July- MOTHER shall always have custody during the Memorial Day Weekend and Fourth of July holiday. (g) Labor Day - FATHER shall have the right of custody Labor Day weekend in all even numbered years, and MOTHER shall have the right of custody Labor Day weekend in all odd numbered years thereafter. Labor Day holiday shall be defined as the Sunday preceding Labor day at 2:00 PM until Monday at 2:00 PM. (h) Trick-or-Treat - FATHER shall have the child for Trick or Treat in all even numbered years and MOTHER shall have the child for Trick or Treat in all odd numbered 3 years. In the event Trick or Treat is on different days in the parents' respective neighborhoods, both of them shall have the child for Trick or Treat. (i) Child's Birthday - MOTHER and FATHER shall both have the opportunity to see the child on his birthday. 5. Summer/Vacation - The parents agree that they shall both have the opportunity to have three (3) weeks of vacation time with the child each year. These weeks can be consecutive or nonconsecutive. The parents agree to give each other thirty (3o) days written notice of their chosen weeks. In the event both parents choose the same week(s), the parent who gives first notice shall prevail. 6. The parents agree that the holiday and vacation schedules shall take precedence over the regular parenting schedule. 7. The parents agree to permit and support the children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with the regular parenting schedule resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the children which might interfere with the regular parenting schedule. 8. The parties shall share transportation with the receiving parent transporting the child. At all times, the child shall be secured in age appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child. 4 9. The parties have negotiated this Agreement based upon the parties' current residences. If either party intends to establish residency outside of Cumberland County, he or she must give to the other at least ninety (9o) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event that the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. io. The parents agree that for twelve (12) hours prior to and during any period of custody, they shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 11. The parents agree that each shall be entitled to reasonable telephone contact with the child when in the custody of the other parent. 12. Both parents agree to establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Communication should always take place directly between the parents, without using the child as an intermediary. ii. The parents agree that this Stipulation shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania, for approval and for entry of an 5 Order awarding custody as set forth herein. 12. The parents hereby request that this Honorable Court enter such an Order which shall replace and supercede any and all prior Orders and shall remain in full force and effect pending further Order of Court. IN WITNESS WHEREOF, the parties have executed this Stipulation for Entry of a Custody Order on the date indicated below. U q - Ai?- vo'l jj, " Tj- Date Witness NN E L. CLARK / --2 .:) -O ? l? ??g 0&4? Date Witness TOD W. CLARK 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . SS. On this 20 day o w.6 009 before me, the undersigned officer, personally appeared JENNIFER L. CLARK, 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. G'V Notary Public NOVAK U& MMMLRAWAM NN" Pdk IVB MMNA TWO OAWW 08MY COMMONWEALTH OF PENNSYLVANIA P V-t 1 t j : ss. COUNTY OF On this ?? day of GlVl O- , 2009, before me, the undersigned officer, personally appeared TOD W. CLARK, 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. at Notary Public rr? Al1AMDA ? IMMMOM aWAM ?rM SNOW COMM MnMMM1NMM EMI !. !11! 7 JAN JAVAOM T YTOW VA MMa W. T AtNIMt'MlOllil# 3tQS ,S Apl, i AGO" ~Vow vtow * ~ AM 1 NWASWMW IM.T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JENNIFER L. CLARK, Plaintiff V. : NO. 08-6579-Civil Term TOD W. CLARK, Defendant : IN DIVORCE / CUSTODY ODDER ?1h AND NOW, this 7•? day of ?o?? J A+' y , 2009, upon consideration of the Stipulation for Entry of Custody Order filed to the above-captioned docket, the Court hereby incorporates the Stipulation by reference into this Order of Court. BY THE COURT: Judge Di tribution: ebra R. Mehaffie, Esquire, 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110 yTod W. Clark, 7386 Wertzville Road, Carlisle, Pa 17015 I- f ?o?t rn?t I 1 : I I1 6? VtIf ' Guo Z 61! _ JENNIFER L. CLARK : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -v- : NO. 08-6579 TOD W. CLARK : CIVIL ACTION Defendant : IN DIVORCE/CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 6, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. 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 unsworn falsification to authorities. Date: o O? V 1 ife . Clark, Plaintiff C"a ti °r .- y F JENNIFER L. CLARK Plaintiff -v- TOD W. CLARK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6579 CIVIL ACTION IN DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c)(d) OF THE DIVORCE CODE 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 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. I verify that the statements made in this Waiver 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: ?? t"3 "a ri Fr ,r -D ?.> JENNIFER L. CLARK : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -v- : NO. 08-6579 TOD W. CLARK : CIVIL ACTION Defendant : IN DIVORCE/CUSTODY AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 6, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. 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 unsworn falsification to authorities. Date: --s,- Tod W. Clark, Defendant i 1 . } rn • , JENNIFER L. CLARK Plaintiff -v- TOD W. CLARK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6579 CIVIL ACTION IN DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)(d) 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 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. I verify that the statements made in this Waiver 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: °?l Tod W. Clark, Defendant .j I Scaringi & Scaringi, P.C. Debra R. Mehaffie, Esquire I.D. No. 90951 2000 Linglestown Road, Suite 106 Harrisburg, Pa 17110 (717) 657-7770 Attorney for Plaintiff JENNIFER L. CLARK Plaintiff -v- TOD W. CLARK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6579 CIVIL ACTION IN DIVORCE/CUSTODY 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: By Certified Mail, Return Receipt, Restricted Delivery. Defendant accepted service on December 3, 2008. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff March 6, 2009; by Defendant on March 6, 2009. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: 0 a'V6 1 1 i 2001. ---jr Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the F Prothonotary: ,? IZ I i l z00 Meliaffie, Esquire I.D. No. 90951 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 office Attorney for Jennifer L. Clark, Plaintiff N '-D F T AJ 4 1 `R Jennifer L. Clark V. Tod W. Clark IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6579 DIVORCE DECREE AND NOW, M av 00 , it is ordered and decreed that Jennifer L. Clark plaintiff, and Tod W. Clark , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None."). None. The Marital Settlement Agreement dated March 6, 2009 shall be incgrporated but not merged herewith. By the Court, '*K -0? Attest: J. pit& ,,?- rothonotary ,7 A A4V ?a? r 6Q 1 ?I .,, fi