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HomeMy WebLinkAbout04-5015 DANIELLE R. CLEMMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CASE NO, 01./ - SOl~ C,u'I.LI~ DERRICK F. CLEMMER, Defendant CIVIL ACTION - DIVORCE TO: DERRICK F. CLEMMER 207 Geary Avenue New Cumberland, PA 17070 NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in the 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 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 Cumberland County Court House, I Courthouse Square, Carlisle, PAl 70 13. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TillS PAPER TO YOUR LAWVER 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 Legal Services 7th Hanover Street Carlisle, P A 17013 I A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquir otra queja 0 compensacion reclamado por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos imprtantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una listed de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, I Courthouse Square, Carlisle, PAl 7013, SI USTED NO RECLAMA PENSION ALIMENTlCIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUREDE PERDER EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS. USTED DEBE LLEV AR ESTE P APEL A UN ABOGADO DE INMEDIA TO. SI NO TlENE 0 NO PUESE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICNIA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASSITENCIA LEGAL. Cumberland County Legal Services 7th Hanover Street Carlisle, PA 17013 2 DANIELLE R. CLEMMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CASE NO. 04 - ~OIS (2v;L'----r~ DERRICK F, CLEMMER, Defendant CIVIL ACTION - DIVORCE DIVORCE COMPLAINT This 21.,.1 day of SePT~004, comes the Plaintiff, Danielle R. Clemmer, by her attorneys, Miller & Shultis, P.C., and files this Divorce Complaint against Defendant, Derrick F. Clemmer, pursuant to ~330l(c) of the Pennsylvania Divorce Code, whereof the following is a statement: I. Plaintiff is Danielle R. Clemmer, who currently resides at 107 Alessandra Court, Apartment 206, Frederick, Maryland, 21702. 2. Defendant is Derrick F. Clemmer, who currently resides at 207 Geary Avenue, New Cumberland, Pennsylvania, 17070. 3. Both parties have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on the lOth day of April, 1998, in Harrisburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions ofthe Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. The marriage is irretrievably broken. 3 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 requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Divorce Decree, dissolving the marriage of the parties, Respectfully submitted, MILLER & SHULTIS, P.C. By: 1,\A.Ul~ 1~ ~ Timothy 1. Shultis, Esquire I.D.#47638 249 York Street Hanover, PA 17331 (717) 630-8282 Attorney for Plaintiff 4 VERlFICA nON I, Danielle R. Clemmer, verify that the statements made in this Complaint are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: /y1sjt)Lf (\ ,o.~ . .( i / ) )-UI..&I1I; t'~'/J.l"''''~ Danielle R. Clemmer DANIELLE R. CLEMMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CASE NO, 04-5015 DERRICK F, CLEMMER, Defendant CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint on behalf of the Defendant, Derrick F, Clemmer, and certifY that I am authorized to do so, Date: \(j\\~~~ c;tIJ/)f---..- Lawrence J. Rosen, Esquire ID# Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102-33324 :.:::-J ;",: (,n C,", DANIELLE R. CLEMMER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04-5015 DERRICK F. CLEMMER, Defendant : CIVIL ACTION - IN DIVORCE AFFIDA VlT OF CONSENT I. A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October 4, 2004, 2. The marriage of plaintiff and defendant is irretrievably broken, Ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of final decree of divorce after service of notice of intention to request entry of decree. 4, I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if] 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, S 4904 relating to unsworn falsification to authorities. DATE: 1-'1-<3 " ~~ D F - EMMER r~":) , ~ t 'J (, I"l c,,:- (.r"! C' .------- DANIELLE R. CLEMMER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-5015 DERRICK F. CLEMMER, Defendant : CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE I, I consent to the entry of a final decree in divorce without notice, 2. I understand that I may lose my 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 prothonotary, 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, 9 4904 relating to unsworn falsification to authorities, DATE:~-~-O<" ~-2-r-c-- CK F, C MMER -- (- ,"", ,'......; C" ~, DANIELLE R. CLEMMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CASE NO, 04-5015 DERRICK F. CLEMMER, Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 9330I(c) of the Divorce Code was filed on October 4, 2004. 2, The marriage of 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. 94904 relating to unsworn falsification to authorities, Date: 1/4/06 r/, (jJ \ ,( ~!cU~ ~.R-h1 h1JlJ DanieIle R. Clemmer \.,. '4 - , r:? c: . DANIELLE R. CLEMMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CASE NO, 04-5015 DERRICK F, CLEMMER, Defendant CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(C) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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 affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, 94904 relating to unsworn falsification to authorities. Date: 1/4/06 DVtJ1JL 2C7,01~ Danielle R. Clemmer r--;.) , ~..~ , :.~ T"',; '-, ',' (r ,~.., DIVORCE INFORMATION SHEET PURSUANT TO ACT 2001-82, VITAL STATISTIC FORMS ARE NOT REQUIRED BY THE STATE EFFECTIVE JANUARY I, 2002. THE PROTHONOTARY IS REQUESTING THIS INFORMATION IN LIEU OF THE VITAL STATISTICS FORM. PLEASE FILL IN THE APPROPRlA TE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE DOCKET NUMBER: 04-5015 PLAINTIFF'S NAME: Danielle R. Clemmer PLAINTIFF'S ADDRESS: 5162 Tiverton Court. Frederick. MD 21703 DEFENDANT'S NAME: Derrick F, Clemmer DEFENDANT'S ADDRESS: 409 Ritter Road. Harrisburg. PA 17109 DATE OF MARRIAGE: April 10. 1998 DATE OF DECREE: " " DANIELLE R. CLEMMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CASE NO, 04-5015 CIVIL TERM DERRICK F, CLEMMER, Defendant CIVIL ACTION - DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this (}.r#' day of C1h,~ ,2005, by and between DANIELLE R. CLEMMER of 5162 Tiverton Court, Frederick, Maryland, 21703 (hereinafter referred to as "Wife"), and DERRICK F. CLEMMER of 409 Ritter Road, Harrisburg, Pennsylvania, 17109 (hereinafter referred to as "Husband"), WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on loth day of April, 1998, in Harrisburg, Pennsylvania; and WHEREAS, certain unhappy and irreconcilable differences have arisen between the parties, as a result, the parties have been living separate and apart since December 26,2003; and WHEREAS, it is the intention of the parties to enter into an Agreement under which their respective financial and property rights, and all other respective rights, remedies, privileges and obligations to each other arising out ofthe marriage relation, or otherwise, including those rights over which a Court will have jurisdiction, shall be fully prescribed and bounded thereby; and WHEREAS, both parties have made independent inquiry and investigation with respect to their respective legal rights, remedies privileges, and obligations, arising out of the marriage, \ or otherwise, and each has been fully informed of the other's assets, property, holdings, income and prospects; and WHEREAS, the parties hereto each warrant and represent to the other that they each fully understand all the terms, covenants, conditions, provisions, and obligations incumbent upon each of them by virtue of this Agreement to be performed or contemplated by each of them hereunder, and each believe the same to be fair, just, reasonable and to the respective individual best interest of each, and not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either. NOW THEREFORE, in consideration of the recitals set forth hereinabove, being incorporated by reference herein, and deemed an essential part hereof, and in further consideration of the promises contained in the Agreement, the parties hereto, intending to be legally bound, agree as follows: 1. PERSONAL RIGHTS: Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to her or him may seem advisable. 2. FULL DISCLOSURE: The parties hereby acknowledge and agree that each of them has made to the other a true, full complete disclosure of all property and interest which either or both of them have in all marital and separate property as defined by the Pennsylvania Divorce Code and they do hereby waive an inventory of said property. 2 " The parties further acknowledge and agree that they have each had an opportunity to value or have appraised any and all marital property, and they do hereby waive a formal appraisal of same, and no statement or representation by either party as to value shall be deemed a misstatement or misrepresentation to the other or be deemed fraudulent. Both the legal and practical effect of this Agreement in each and every respect and the financial status of the parties are fully understood by the parties and they both acknowledge that this Agreement is reasonable and that it is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either. 3. LEGAL ADVICE: The Wife has employed and has had the benefit of the counsel of Timothy J. Shultis, Esquire as her attorney, The Husband has employed and has had the benefit of the counsel of Lawrence 1. Rosen, Esquire as his attorney. 4. MUTUAL RELEASES: A. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments, as well as under any other law of any other jurisdiction. B. Except as otherwise expressly provided by this Agreement, each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from 3 .. any claims arising by virtue ofthe marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth or territory of the United States, or any other country. The parties each waive and release any and all right to receive insurance proceeds at the death of the other, whether as named beneficiary or otherwise, as well as any right to receive any portion of the estate of the other under his or her Will (if executed prior to the execution date hereof), or to act as personal representative of the estate of the other. C. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity, which either party now has against the other. 5. DEBTS: a. Both parties represent and warrant to the other party that they have not incurred any debts to which the other, or the estate of the other, may be held liable except as provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. 4 I 1_.. " b. The Wife agrees to assume and pay in due course those outstanding accounts as follows: Wife's student loans c, The Husband agrees to assume and pay in due course those outstanding accounts as follows: Husband's student loans d, Husband and Wife agree to jointly pay in due course the following account: Fulton Bank (approximate balance $1,400.00). 6. PERSONAL PROPERTY: A. Soecific Personal Pro{lertv The following assets shall be divided in the manner hereafter described: 1. The Husband agrees that all property now in the possession of the Wife shall be the sole and separate property of the Wife, including the proceeds from State Farm Insurance Company (approximately $809.00) representing the value of the 1997 Chevrolet Malibu. 2. The Wife agrees that all property now in the possession of the Husband shall be the sole and separate property of the Husband, including the 1995 Pathfinder. B. Retirement BenefitslProfit Sharine: The parties acknowledge that the marital property of the parties' respective retirement plans through PSERS. The parties further acknowledge that they have been informed of their respective right to obtain an independent appraisal ofthe other's interest in the said retirement plan. Husband and Wife hereby forever waives and relinquishes any right, interest or claim that they might otherwise have in and to the other's respective retirement plan, 5 C. Other: Henceforth, each :Jfthem shall own, have and enjoy independently of any claim or right of the other, all items of personal property of every kind, now and hereafter owned, or held by him or her, with full power to dispose of same as fully and effectively in all respects and for all purposes as if he or she were unmarried, 7. FINANCIAL ACCOUNTS: Husband and Wife have already divided all, if any, bank checking and savings accounts, life insurance policies, financial instruments and accounts, certificates of deposit, stocks, bonds, and accounts to the parties' satisfactions, Each party will retain sole ownership of all financial instruments and accounts currently in their possession. 8. TAXES: The parties will file separate future Tax Returns for all tax obligations, and any tax obligation shall be the responsibility of the individual party, Should said sums become due as a result of individually filed returns, the party which filed said return shall be solely responsible for all sums due, and shall indemnifY and hold harmless the other party for any payment thereon, 9. SUPPORT, ALIMONY, ALIMONY PENDENTE LITE AND COUNSEL FEES: The parties waive all other past, present and future rights provided in the 1980 Divorce Code, as amended, or any future laws and amendments including their rights to alimony, spousal support, equitable distribution, alimony pendente lite, costs and expenses, and attorneys fees, except as otherwise provided herein. 10. LIFE INSURANCE: Both parties agree to maintain life insurance policies in the amount of$250,000.00 and to designate their children, Tyler Lee Clemmer and Madelyn Rae Clemmer, or an appropriate Trustee for the benefit of their children, as primary irrevocable 6 beneficiaries thereof. The parents' obligation to name their children, or an appropriate Trustee for the benefit of their children, as beneficiaries of their respective insurance policies as aforesaid shall terminate at the time that each child obtains the age of twenty-one (2 I) years, at which time the Husband and Wife may designate anyone they desire as beneficiary of their respective policies, So long as the parties are bound under this paragraph, they shall: a. Promptly pay all premiums on these policies; b. Not create any lien on, not pledge and not borrow against these policies; c, Not change the designation of their children as irrevocable primary beneficiaries; notwithstanding, however, each party retains the right to name a Trustee as a beneficiary hereunder for the benefit of the children, d. Not change the method for payment of the principal sum of the children or Trustee for the benefit of the children, as irrevocable primary beneficiaries; e. Provide the other party, at his or her request with a copy of said policy. 11. SUCCESSORS' RIGHTS AND LIABILITIES: This Agreement, shall except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors, or assigns, 12. ENTIRE AGREEMENT: Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises, and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises, or representations not herein contained, either oral or written, which shall or may be charged or enforced unless reduced to writing and signed by both of the parties hereto; 7 .. " and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other terms, conditions clauses or provisions of this Agreement. 13. ADDITIONAL INSTRUMENTS: The Husband and Wife shall, at any and all times, upon request by the other party or his or her legal representatives, make, execute, and deliver any and all such other and further instruments, deeds, notes, release, car titles, tax forms, insurance forms, or such other writings as may be necessary or desirable for the purpose of giving full force and effect to the provisions of this Agreement. 14. GOVERNING LAW: All matters affecting the interpretations of this Agreement and the rights of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania, 15. INDEMNIFICATION UPON BREACH: Each party hereby agrees to pay all attorney's fees and costs of litigation that the other spouse may sustain or incur in any way whatsoever as a consequence of any default or breach by the other spouse of any terms or provisions of this Agreement; provided that the party who seeks to recover such attorney's fee, and costs oflitigation must first be successful in whole or in part, before such liability may be imposed, It is the specific agreement and intent of the parties that the breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 8 16. INDEPENDENT COVENANTS: Each of the respective rights and obligations of the parties hereunder shall be deemed independent and may be enforced independently irrespective of any of the other rights, and obligations set forth herein. In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiction that is applicable to this Agreement, such illegality or invalidity shall not affect in any way other provisions hereto, all of which shall continue, nevertheless, in full force and effect under the law of the country, state, or other jurisdiction that in applicable to this Agreement. 17. SUBSEOUENT DIVORCE: The parties intend to secure a mutual consent, no- fault divorce pursuant to the provisions of Section 330l(c) of the Pennsylvania Divorce Code of 1980, as amended. Both parties warrant that they will sign Affidavits of Consent. 18. NO MERGER IN DIVORCE DECREE: The provisions of the Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment of decree of divorce and shall be entirely independent thereof. IN WITNESS WHEREOF, the parties have hereto set their respective hands and seals the day and year first above-written, and they hereby acknowledge and agree that the provisions of this Agreement shall be executed in triplicate originals. WITNESS: '~i~r 'V' ______7 --. ~e/y!,~ 1 . . I . fl";P/J2 at~ b71j Danielle R. Clemmer 9 ',' ACKNOWLEDGEMENT STATE OF rm~~\fCUU~'\~, \\n I , ,r-! : ss. COUNTYOF\^~)~~ On this, the lit-" day of ,~S\,U.n ~ ~efore me, the undersigned officer, personally appeared Derrick F. Clemm r, known to me (or satlsfactonly proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. MY COMMISSION EXPIRES: C 0S'i\ ~ dr:VQuleD~-h Notary Public NNS'<TTV~'-^\ 'oNWEALTH OF FE ' '"--, CCM1, Notarial Seal . Aimee L. Pallbvits, Nota~ pubhc C'ty of Harri~l"lrb Dauphm County 1 " H~.'.. A 17 2007 My CommissIOn ~Kphes pr. . ACKNOWLEDGEMENT STATE OF ,/11/ltf'1J.4AJ'i> . COUNTYOF REOF~J<!.< On this, the ;(PTf/ day of Oc.72J!3 Ex::.. ,2005, before me, the undersigned officer, personally appeared Danielle R. Clemmer, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. : ss. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~e~ tary~ MY COMMISSION EXPIRES: s:- 13 -.d1,o:'J? 10 ~al __'1 ~, ~~:; ~,:l'., ..." g , - R, .-t -}:.-M ~::;X3 ",C) -<" ".;J~: - ~? N - , , t,~~ C') -.J,'f-n , , "::;:\ :s :"" DANIELLE R, CLEMMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CASE NO, 04-5015 DERRICK F. CLEMMER, Defendant CIVIL ACTION - 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: I. Ground for divorce: Irretrievable breakdown under ~3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service by Lawrence 1. Rosen, Esquire, at Krevsky & Rosen, P.c., 1101 North Front Street, Harrisburg, Pennsylvania 17102-33324 on October 13, 2004, 3, Date of execution of the Affidavit required by ~330 I (c) ofthe Divorce Code: by Plaintiff: January 4,2006; by Defendant: January 4, 2006. 4, Related claims pending: All economic claims ancillary to, and related to, the divorce have been amicably settled by the parties in a written Marriage Settlement Agreement dated October 28,2005, which Marriage Settlement Agreement shall be incorporated, but not merged, into the final divorce decree. 5, Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: January 24, 2006; Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: January 24, 2006, MILLER & SHULTIS, P.c. By: 11~L-vv1 J. 9vv- Timothy J, Shultis, Esquire LD, #47638 249 York Street Hanover, PA 17331 (717) 630-8282 Attorney for Plaintiff 0 "-" C1 (~"') C c:;~ ~n :;:";" 0."' "'T'\ " r'1 <:;::J W -0 ~. 1'0 W . . + + + + + + + . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + , . + + + + + + + +:+;r. Of .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + + . + . . + . , + , + . .. .. ... . :+ :+ :++ :+:++:+:+:+:+:f. ,.. ~ :+~:+:+ :+:++. :+:+:+:+:++.:+ :+:+ +:++:+:++ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF DANIELLE R. CLEMMER PENNA. No. 04-5015 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; VERSUS DERRICK F. CLEMMER DECREE IN DIVORCE AND NOW, F~l DECREED THAT Danielle R. Clemmer AND Derrick F. Clemmer ARE DIVORCED FROM THE BONDS OF MATRIMONY. NOr-\~ --) (~ ATTEST: .. ~ .. .. .. . .. ... .. . ... .. +:+:+:++ :+:+:+ 0.:11/.' () 3A.M 2006 , IT IS ORDERED AND , PLAINTIFF. , DEFENDANT, PROTHONOTARY ... . .. :+:+:+:++:+:++++++++:++:+:+ .. :1':++.:++ . . . + . . , . . . . . . . . . . . , . . . . . + . . . + . + . . . . . . + . + . , . . . . . + . . . + . . . . . , . . + . . . , . . . . . . . . . . . + . . . . . . . . + . . . J, + . . . , . . . . . . :+:+:+ +'l' 'o/Wt/ v:/ .~ /.?fT:?1/ ?~vd, '7r"P l/'/ P- /~~ ~nJ :J)j. QI.C "')(}.(j/ . e ...._-