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PROPERTY SETTLEMENT AGREEMENT
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THIS AGREEMENT, Made this ...!!.!.....-' day of August, 1998, by and between
ROBERT W. WAEGER, hereinafter referred to as "Husband", and MARIE 0, CLARK,
hereinafter referred to as 'Wife,"
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on June 16, 1990; and
WHEREAS, no children were born of this marriage; and
WHEREAS, certain differences have arisen between the parties as a result of
which they have separated and now live separate and apart from one another, and are
desirous, therefore, of entering into an Agreement which will provide for support,
distribute their marital property, and will provide for their mutual responsibilities and rights
growing out of the marriage relationship; and
WHEREAS, the parties hereto, fully understand and agree that Wife is represented
by Sandra L. Meilton, Esquire and that Husband has the right to have the advice of
independent counsel prior to the signing of this Agreement, and that by signing this
Agreement, Husband recognizes that he fully understands the legal impact of this
Agreement and waives his right to have the Agreement reviewed by an independent
attorney of his choosing and further intends to be legally bound by the terms of this
Agreement.
NOW THEREFORE, in consideration of the above recitals and the following
covenants and promises mutually made and mutually to be kept, the parties heretofore,
intending to be legally bound and to legally bind their heirs, successors and assigns
thereby, covenant, promise and agree as follows:
1, SEPARATION:
It shall be lawfu! for each party at all times hereafter to live separate and
apart from the other at such place or places as he or she may from time to time choose
or deem fit.
2, INTERFERENCE:
Each party shall be free from interference, authority and contact by the
other, as fully as if he or she were single and unmarried, except as may be necessary
to carry out the provisions of this Agreement, Neither party shall molest the other nor
attempt to endeavor to molest the other, nor compel the other to cohabit with the other,
nor in any way harass or malign the other, nor in any way interfere with the peaceful
existence, separate and apart from the other in all respects as if he or she were single
and unmarried,
3, WIFE'S DEBTS:
Wife represents and warrants to Husband that since their separation in July
of 1994, she has not, and in the future she will not, contract or incur any debt or liability
for which Husband or his estate might be responsible and shall indemnify and save
Husband harmless from any and all claims or demands made against him by reason of
debts or obligations incurred by her.
4, HUSBAND'S DEBTS:
Husband represents and warrants to Wife that since their separation in July
of 1994, he has not, and In the future he will not, contract or incur any debt or liability for
which Wife or her estate might be responsible and shail indemnify and save Wife
harmless from any and all claims or demands made against her by reason of debts or
obligations incurred by him,
5, OUTSTANDING JOINT DEBTS~
Husband agrees to pay ail outstanding joint debts and obligations of the
Husband and Wife incurred prior to the separation of the parties hereto, as set forth
herein, All further debts incurred by the parties shail be their individual responsibility,
Husband and Wife acknowledge and agree that they have no outstanding
joint debts and obligations incurred prior to the signing of this Agreement, except as
foilows:
A. Pennsylvania Housiog F;inance - Amount owed $39,000,
B, penn~y'(~~n~I~~tio~l~i~a~~;~ L~mount owed $8,884.
C, Federal Income Tax - Amount owed $22,000, , l>,(ld)J ll"~("
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Husband agrees to satisfy these debts in accordance with their terms and
further agrees to hold Wife harmless on ail such obligations, If any claim, action, or
proceeding is hereinafter instituted seeking to hold Wife liable for such debts or
obligations, the Husband wiil, at his sole expense, defend Wife against any such claim,
action, or proceeding, whether or not weil founded, and indemnify her against any loss
resulting therefrom, Further, if Wife's name remains on any of said debt, Husband
agrees to take ail steps necessary to have Wife's name removed from said debt within
ninety (90) days of signing this Agreement.
6, CASH PAYMENTS:
Husband agrees to pay Wife the amount of $32,000, plus interest for Wife's
advancement of payment toward the marital residence located at 1107 Tiverton Road,
Mechanicsurg, Cumberland County, Pennsylvania, Husband agrees to pay instailments
of $158.40 biweekly, This amount has been calculated to include interest at a rate of
seven percjlnt (7%) amortized over a period of five (5) years, Said payments shail begin
AugustJO, 1998 and continue through August 10; 2000, In accordance with this
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payment schedule, Husband shall have made payments over a two (2) year period
amountiilg to a total of $8,236,80 ($158.40 x 52 = $8,236,80), At the end of the two (2)
year period, Husband agrees to pay Wife the remaining balance of $25,200, which
Includes interest at a rate of five percent (5%), Husband agrees to execute a Judgment
Note to memorialize the foregoing terms within 30 days of signing this ,A,greement,
7. BANKRUPTCY:
The parties specifically agree that the cash payment of $32,000,00, plus
interest, payable by Husband to Wife is not intended to be a debt which is affected by
a discharge in bankruptcy, They further specifically intend that Husband's obligations
under the terms of this Agreement shall not be subject to discharge in bankruptcy
because they acknowledge that such are necessary for Wife to meet her financial
obligations and to support and maintain her standard of living, Husband represents that
there are no bankruptcy proceedings presently pending in which he is involved, Husband
expressly agrees not to file a bankruptcy action prior to the completion of his obligations
pursuant to this paragraph, This debt shall not be discharged in a bankruptcy action filed
by or on behalf of Husband,
If Husband files for bankruptcy, this Agreement shall constitute conclusive
evidence of the parties' intent that the obligations of this paragraph are in the nature of
maintenance and are not dischargeable under current bankruptcy law or under any
amendment thereto, Further, if Husband institutes any action in bankruptcy or any other
bankruptcy proceeding is instituted in which Wife's right to these payments becomes a
matter for judiCIal review, Husband agrees to consent to any motion filed by Wife with the
bankruptcy courts, wherein she may request that the bankruptcy courts abstain from
deciding the dischargeability of this obligation and any other obligations to her hereunder
in order to allow the appropriate Court of Common Pleas to rule upon this issue,
Furthermore, in the event that, at any time prior to Husband's fulfillment of
all of the financial obligations set forth In the Agreement, he declares personal or
professional bankruptcy, and the U,S, Bankruptcy Court, contrary to the terms of this
Agreement, declares that any or all of the said payments required hereunder are
dischargeable, then and in that event the Marital Settlement Agreement shall become
null and void, Wife shall have the absolute right to prosecute her economic claims in the
divorce action as they relate to this Agreement.
8, MUTUAL RELEASE:
Subject to the provisions of this Agreement, each party has released and
discharged, and by this Agreement does for himself or herself, and his or her heirs, legal
representatives, executors, administrators and assigns, releases and discharges the
other of and from all causes of action, claims, rights or demands arising from their
marriage, which either of the parties ever had or now has against the other, except any
or all cause or causes of action for divorce and except in any or all causes of action for
breach of any provisions of this Agreement. Subject to the provisions of this Agreement
each party waives his or her right to alimony and equitable distribution of property
notwithstanding the Pennsylvania "Divorce Code" known as Act No, 26-1980 and as
3
amended by Act No, 13-1988, Each party also waives his/her right to request marital
counseling pursuant to 23 Pa,C,S,A, Section 3302,
9, DIVISION OF PERSONAL PROPERTY:
The parties hereto mutually agree that they have effected a satisfactory
division of the furniture, household furnishings, appliances, and other household personal
property between them, and they mutually agree that each party shall from and after the
date hereof be the sole and separate owner of all such tangible personal property
presently in his or her possession, and this Agreement shall have the effect of an
assignment or bill of sale from each party to the other for such property as may be in the
individual possession of each of the parties hereto,
The parties hereto have divided between themselves, to their mutual
satisfaction, all items of tangible and intangible marital property, Neither party shall make
any claim to any such items of marital property, or of the separate personal property of
either party, which are now in the possession and/or under the control of the other,
Should it become necessary, the parties each agree to sign, upon request, any titles or
documents necessary to give effect to this paragraph, Property shall be deemed to be
in the possession or under the control of either party if, in the case of tangible personal
property, the item is physically in the possession or control of the party at the time of the
signing of this Agreement and, in the case of intangible personal property, if any physical
or written evidence of ownership, such as passbook, checkbook, policy or certificate of
insurance or other similar writing is in the possession or control of the party, Husband
and Wife shall each be deemed to bel in the possession and control of their own
individual pension or other employee benefit plans or retirement benefits of any nature
to which either party may have a vested or contingent right or interest at the time of the
signing of this Agreement, and neither will make any claim against the other for any
interest in such benefits,
From and after the date of the signing of this Agreement both parties shall
have complete freedom of disposition as to their separate property and any property
which is in his/her possession or control pursuant to this Agreement and may mortgage,
sell, grant, convey, 'lr otherwise encumber or dispose of such property, whether real or
personal, whether such property was acquired before, during or after marriage, and
neither Husband nur Wife need join in, consent to, or acknowledge any deed, mortgage,
or other instrument of the other pertaining to such disposition of property,
10, REAL ESTATE:
The parties agree that Husband is the sole owner of real estate situate at
210 Glenside Lane, Camp Hill, Pennsylvania and that said real estate is subject to a
mortgage listed only in the name of Husband, Wife agrees to transfer any and all
interest she may have in said real estate to Husband, Wife shall sign a Quitclaim Deed
relinquishing any interest she may have in said real estate, Husband shall assume
responsibility for all debts and liabilities incident to the property and shall indemnify and
hold Wife harmless against any such debt.
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11, MOTOR VEHICLES:
The parties agree that each shall have possession of and receive as his or her
sole and separate property the vehicles currently in his/her possession and titled in
his/her name with all rights under any insurance policy thereon, and the responsibility
for payment of any outstanding indebtedness pertaining thereto and insurance thereon,
and each shall Indemnify and hold the other harmless from any liability, cost or expense
including attorney's fees, incurred in connection with the vehicle transferred by the terms
of this Agreement.
12, PENSION AND RETIREMENT PLAN
Husband shall retain any and all pension benefits which he has by virtue of his
employment with PHICO, Wife agrees to waive all of her right, title and interest to any
and all pension benefits which Husband has by virtue of his employment with PHICO and
to sign any and all documents necessary to enforce this provision,
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Wife shall retain her pension and retirement with PHICO, her 401 (k) and/or
deferred compensation and her IRA witA ISle" Ilt flHleQ, Husband agrees to waive all
of his right, title and interest to these and any other pensions or retirement plans created
on behalf of or existing in Wife's name and further agrees sign any and all documents
necessary to enforce this provision,
13, ALIMONY:
Both parties acknowledge and agree that the provIsions of this Agreement
providing for equitable distribution of marital property are fair, adequate and satisfactory
to them and are accepted by them in lieu of and in full and final settlement and
satisfaction of any claims or demands that either may now or hereafter have against the
other for support, maintenance or alimony, Husband and Wife further, voluntarily and
intelligently waive and relinquish any right to seek from the other any payment for
support or alimony,
14. ALIMONY PENDENTE LITE. COUNSEL FEES, AND EXPENSES:
Husband and Wife acknowledge and agree that the provisions of this Agreement
providing for the equitable distribution of marital property of the parties are fair, adequate
and satisfactory to them, Both parties agree to accept the provisions set forth in this
Agreement in lieu of and in full and final settlement and satisfaction of all claims and
demands that either may now or hereafter have against the other for alimony pendente
lite, counsel fees or expenses or any other provision for their support and maintenance
before, during and after the commencement of any proceedings for divorce or annulment
between the parties,
15, WAIVERS OF CLAIMS AGAINST ESTATES:
Except as herein otherwise provided, each party may dispose of his or her
property in any way, and each party hereby waives and relinquishes any and all rights
he or she may now have or hereafter acquire, under the present or future laws of any
5
jurisdiction, to share in the property or the estate of the other as a result of the marital
relationship, including without limitation, dower, curtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the will of the other, and right
to act as administrator or executor of the other's estate, Each will, at the request of the
other, execute, acknowledge and deliver any and all instruments which may be
necessary or advisable to carry into effect this mutual waiver and relinquishment of all
such interests, rights and claims,
16, MUTUAL CONSENT DIVORCE:
The parties agree and acknowledge that their marriage is irretrievably broken, that
they do not desire marital counseling, and that they both consent to the entry of a decree
in divorce pursuant to 23 Pa,C,S,A, Section 3301 (c), Accordingly, both parties agree to
execute at the appropriate time and file such consents, affidavits, or other documents as
may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa,C,SA
Section 3301 (c), Upon request, to the extent permilled by law and the applicable Rules
of Civil Procedure, the named defendant in such divorce action shall execute any waivers
of notice or other waivers necessary to expedite such divorce,
It is the intention of the parties that the Agreement shall survive any action for
divorce which may be instituted or prosecuted by either party and no order, judgment
or decree of divorce, temporary, final or permanent, shall affect or modify the financial
terms of this Agreement. This Agreement shall be incorporated in but shall not merge
into any such judgment or decree of final divorce, but shall be incorporated for the
purposes of enforcement only,
17, BREACH AND ENFORCEMENT:
If either party breaches any provision of this Agreement, the other party shall have
the right, at his or her election, to sue for damages for such breach, or seek such other
remedies or relief as may be available to him or her, and the party breaching this
Agreement shall be responsible for payment of legal fees and costs incurred by the
other in enforcing his or her rights under this Agreement,
18, ADDITIONAL INSTRUMENTS:
Each of the parties shall from time to time, at the request of the other, execute,
acknowledge and deliver to the other party any and all further instruments that may be
reasonably required to give full force and effect to the provisions of this Agreement.
19, OPPORTUNITY TO OBTAIN ADVICE OF INDEPENDENT TAX COUNSEL
OR ACCOUNTANT:
Both parties acknowledge and agree that they have had the opportunity to retain
tax allorneys, accountants, tax advisors, or certified public accountants with reference
to the tax Implications of this Agreement, Further, Wife has not been given any tax
advice whatsoever by her allorney, Further, Wife acknowledges that she has been
advised, by her allorney, to seek her own independent tax advice by retaining a tax
allorney, accountant, tax advisor or certified public accountant with reference to the tax
6
implications involved in this Agreement. Husband fully understands and agrees that ne
has the right to have independent counsel review the tax consequences of this
Agreement, Further, the parties acknowledge and agree that their signatures to this
Agreement serve as their acknowledgment that they have read this particular paragraph
and have had the opportunity to seek independent tax advice,
20, VOLUNTARY EXECUTION
The Wife acknowledges that Sandra L. Meilton, attorney, has acted as legal
counsel to her in connection with the negotiation and preparation of this Propert)'
Settlement Agreement. The Husband acknowledges that, by copy of this Agreement, he
has been advised of his right to seek the advice of counsel of his own choice in
connection with any matter pertaining to this Agreement or the divorce action filed by
him, Upon that provision, Husband and Wife acknowledge and represent that the
provisions of this are fully understood by both parties and each party acknowledges that
the Agreement is in all respects fair and equitable, that it is being entered into voluntarily
and knowingly and that it is not the result of any duress or undue influence; Husband
further acknowledges that he had the opportunity to seek the advice of legal counsel for
the purpose of having the legal effect of the provisions herein fully explained to him, and
that if he chose not to seek such legal counsel, such action was taken by him voluntarily
of his own free will,
21, ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties and there are no
representations, warranties, covenants or undertakings other than those expressly set
forth herein, Husband and Wife acknowledge and agree that the provisions of this
Agreement with respect to the distribution and division of marital and separate property
are fair, equitable and satisfactory to them based on the length of their marriage and
other relevant factors which have been taken into consideration by the parties, Both
parties hereby accept the provisions of this Agreement with respect to the division of
property in lieu of and in full and final settlement and satisfaction of all claims and
demands that they may now have or hereafter have against the other for equitable
distribution of their property by any court of competent jurisdiction pursuant to 23
Pa,C,S.A. Section 3501 et, ~ or any other laws, Husband and Wife each voluntarily
and intelligently waive and relinquish any right to seek a court ordered determination and
distribution of marital property, but nothing herein contained shall constitute a waiver by
either party of any rights to seek the relief of any court for the purpose of enforcing the
provisions of this Agreement.
22, DISCLOSURE
Husband and Wife each represent and warrant to the other that he or she has
made a fult and complete disclosure to the other of all assets of any nature whatsoever
in which such party has an interest, the sources and amount of the income of such party
or every type whatsoever and of all other facts relating to the subject matter of this
Agreement.
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COMMONWEALTH OF PENNSYLVANIA )
( SS:
COUNTY OF CUMBERLAND )
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Public, the undersigned officer, personally appeared
jilt\ I ;,.- 7), ()il/- AI ,known to me (or satisfactorily proven) to be
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the person whose name is subscribed to the foregoing Property Settlement
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On this, the ..-t.- day of
, 199.1, before me, a Notary
Agreement and acknowledged that he/she executed the same for the purposes
therein contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Nota.ol Seal
Nancy E, Joozenlla, NotlIIy PublIc
Hantaburg, DaupNn COunly
My Commlslllon ElIpIrua May Ie, 2000
M.mber, Pennsylvania Assod.1lton 01 Hlllana
COMMONWEALTH OF PENNSYLVANIA l
( 55:
COUNTY OF CUMBERLAND l
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Public, the undersigned officer, personally appeared
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the person whose name is subscribed to the foregoing Property Settlement
On this. the I f/. day of
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. 199.l... before me, a Notary
, known to me (or satisfactorily proven) to be
Agreement and acknowledged that he/she executed the same for the purposes
therein contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Notarial Seal
Nancy E, J&SlOOIta. Notaty Public
Harrlsllulg, OaupNn COU/Il'j
My Comm_n Expilel May 18. 2000
Mtmblf, I'orI/l6ylvIAIa Al&aDlB1loII 01 Notarill
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IN THE COURT OF COM!'ION PLEAS OF
CUHBERLAND COUNTY. PENNSYLVANIA
OOBERT W. WI\EGZR,
Plaintiff
NO .94-5451
CIVIL
19
VB.
MARIE CLARK WJ\EGER,
Defendant
PRAECIPE TO TRANSHIT 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 jij~~~1 3301(c)
;~ of the Divorce Code.
(Strike out inapplicable section.)
2. Date and manner of service of the complaint:
Acceptance of Service by Defendant, executed 9/23/94
3. (Complete either paragraph (a) or (b) .)
(a)
3301(c)
JlMl(<l$ of the
Date of execution of the affidavit of consent required by Section
by defendant
Divorce Code: by the plaintiff December 22. 1998
December 22, 1998
(b) (1) Date of execution of the plaintiff's affidavit required by
Section 201(d) of the Divorce Code:
(2) date of service of the plaintiff's affidavit upon the defendant:
4. Related claims pending:
None.
Naiver of Notice forms executed by the parties on December 22, 1998
, Jc/Kt~t,c t;('.'fJ~d'l-~-f~ '
'Attorney for ~
,. (Defendant)
ROBERT W. WAEGER,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaint if f
NO. 94-5451
v.
CIVIL ACTION - - LAW
MARIE CLARK WAEGER,
-
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Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Di.vorce 'mder Section 3301 (c) of the
Divorce Code was filed on September 23, 1994.
2 .
The
marriage
of
Plaintiff
and
Defendant
is
irretrievably broken and ninety (90) days have elapsed from the
date of the filing and service of the Complaint.
3. I consent to the entry of a final decree in 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 falsifi.cation to authorities.
Date: 12-22-98
IlllllliL. C
Marie Clark Waeger,
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, "?:flilil'tF 1l0TICE
You have been sued in court. If you wish to defend against tho
claims set forth in the following pages, YOII must take prompt
action. You are warned that if you fail to do so, the case may
proceed withollt 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 requc$ted 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.
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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 Cumberland County Court House, High and Hanover
Street, Carlisle.
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.
~iOU 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 CA~ GET LEGAL
HELP.
Court Administrator, Fourth Floor
Cumberland County Court House
Carlisle, PA 17013
(717) 240-6200
ROBERT W. WAEGER
IN THE COURT OF C0MMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. '/'I. f'lIi Civil ~
T.:l/l".-~
MARIE CLARK WAEGER
In Divorce
Defendant
COMPLAINT IN DIVORCE UNDER
SECTION 330l(c) OF THE D1VORCE CODE
1. Plaintiff is Robert W. Waeger, who currently resides
at 1107 Tiverton Road,
Mechanicsburg,
Cumberland County,
pennsylvania 17055 and has resided there since December 1990.
2. Defendant is Marie Clark Waeger, who currently
resides at 1082 Tunberry Court, Mechanicsburg, Cumberland County,
Pennsylvania 17055 and has resided there since August of 1994.
3. Plaintiff and Defendant have been bona fide residents
in the Commonwealth for at least six months immediately previous to
the filing of this Complaint.
4. Plaintiff and Defendant were married on June 16, 1990
in Mechanicsburg, Cumberland County, Pennsylvania.
5. The marriage is irretrievably broken.
6. There have been no prior actions of divorce or
annulment between the parties.
7. The parties have been advised that counseling is
available and the Plaintiff is aware that he may have the right to
request that the Court require the parties to participate in
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counseling.
8. Plaintiff requests the Court to enter a Decree in
Divorce.
I verify that the statements made in this Complaint are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. S4904, relating to
unsworn falsification to authorities.
Robert
DATE:
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Robert W. Waeger, uire
204 state street
Harr':'sburg PA 17
(717) 233-1000
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ROBERT W. WAEGER . IN THE COURT OF COMMON PLEAS
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CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
.
. No.?f6j-,; Civil
v. : 1994
MARIE CLARK WAlmER
In Divorce
Defendant :
ACCEPTANCE OF SERVICE
I, Marie Clark Waeger, do hereby accept service of the
Complaint in Divorce Under Section 330l(c) of the Divorce Code,
filed by Robert W. Waeger, Plaintiff, on the date indicated below.
DATE: Q/.11jtH
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Marie Clark Waeger "
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ROBERT W. WAEGER,
vs.
In tho Court of COMMON PLEAS of
Cumberland
xDtaop\Wl County
94-5451 CIVIL
of..... ""."........."""", ,........."'...._... T ann, 19
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MARIE CLARK WAEGER,
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Defendant
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PROTHONOTARY:
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Please enter my appearance in the above matter for the
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Defendant, Marie Clark Waeger.
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To TUC2ER RENSBERG & SWARTZ
Robert A. Farina
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Sandr4 L. Meilton
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ROBERTW, WAEGER
IN TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
1'luintitT
NO, 94.5451 Civil 1994
v,
MARIE CLARK WAEGER
In Divorce
Defendant
PETITION TO OPEN OR REINSTATE COMPLAINT IN DIVORCE.
1. Petitioner is Robert W. Waeger, Plaintiff. who filed a Complaint in Divorce on
September 23, 1994,
2.
Defendant, Marie Clark Waeger, accepted service of said Complaint on
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September 23, 1994,
3, During the year 1997. Petitioner and Defendant received notice that the
Cumberland County Court would purge its "old" pending cases. Said parties issued a joint
request respectfully requesting the Court to not purge said Divorce Complaint which was granted
and said Divorce Complaint remained open,
4, Petitioner and Defendant han: justleamed that in August of 1998, said Complaint
in Divorce was dismissed for inactivity by Ihis Ilonorable ('ourt,
5, The parties herein never received notice of any inactivity purge list nor did we
reccive any noticc of said dismissal. Plaintiff, Robcrt W. Waeger. has represcnted himself in this
mailer and used his law offiee address of ~().j State Street. Ilarrisburg. 1'1\ li.lr over ~() years,
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6, Defendant, Marie Clark Waeger is now represented by Sandra MeHton. Esquire,
Both Marie Clark Waeger and Sandra Meilton, Esquire, concur with this Petition. as a properly
settlement agreement has been reached to finalize this divorce.
THEREFORE, all parties and their respective counsel respectfully request this Honorable
Courlto re-instate said Complaint in Divorce so to allow finalization of this Divorce within thirty
(30) days.
DATE:
2
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ROBERT W. WAEGER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-5451
v.
CIVIL ACTION -- LAW
MARIE CLARK WAEGER,
Defendant
IN DIVORCE
ELECTION TO RESUME PRIOR NAME
I, Marie Clark Waeger, do hereby elect to resume my
prior name, to wit: Marie D. Clark. I have been divorced from my
former husband by Decree in the Court of Common Pleas of
cumberland County, Pennsylvania, entered to the above number and
term on December 30, 1998, and give this written notice avowing my
intention in accordance with the provisions of the DIVORCE CODE,
Act No. 1980-26 Section 702.
)t\Cl/UL tffuL U)~
Marie Clark Waeger, be known as
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Marie D. Clark
Sworn 1:0 a
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Notaty Public
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ubsc;;ibed
s i /<1"-1...., day
1999.
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9528.1
Nolanal Seal
M Sunn L lam.son, Notlry Public
"h'"\ICIOu'1l BOlll, CumclNlrnl County
My CommlUlon r~,,"I', ~'b, n.2oo2
MtmDtr, PtnnlYlvlnl. AUOCllllon ot Nalarl..
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