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: IN THE COURT OF COMMON PLEAS :
. OF CUMBERLAND COUNTY .
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8 * .
. STATE OF PENNA.
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! RICHARD D. PORTER "...., II '.'
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. ,CYNTHIA L. PORTER .. ..,... 1.111 ;
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: DECREE IN .
. DIVORCE .
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~ AND NOW, . . , . . . . , .~!'-.~ ~, , . }-,~ , , " 19. ,9,'( '. it is ordered and 8
: decreed that ""."", IlICtulElO. 0., PORTER" " " " " " . " .. , " ". plaintiff, ~
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. an. . . , . . . . . , , , . . . . . . . ,CYNTHIA .1." .P.<lR'tER . . . . . , , , . . . . . . . , . , , " e en ant, .
. are divorced from the bonds of matrimony. .
. :
. 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; a
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-6224 CIVIL
RICHARD D. PORTER,
Plaintiff
CYNTHIA L, PORTER,
Defendant
IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please enter the Marriage Settlement Agreement as on record, Thank you.
MARTSON, DEARDORFF. WILLIAMS'" OTTO
By O~kO~ ~
Daniel K. Deardorff, Esquire
Ten East High Street
Carlisle. PA 17013
(717) 243-3341
Attorneys for Plaintiff
Date: November 21. 1994
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this ~day of ~,
19~, by and between CYNTHIA A. PORTER ("WIFE") of 22
Douglas Court, Carlisle, Pennsylvania 17013 and RICHARD
DAVID PORTER ("HUSBAND") of Cumberland County, pennsyl-
vania.
WIT N E SSE T H:
WHEREAS, the parties hereto are HUSBAND and WIFE.
having been married on December 17, 1960 in Harrisburg,
Pennsylvania.
There were two chi ldren born of thi s
marriage: Douglas Porter, born November 21,1973 and
Marjorie Porter Goodyear born May 7, 1966 (now
emancipated) .
WHEREAS, diverse and unhappy differences, disputes
and difficulties have arisen between the parties and it
is the intention of HUSBAND and WIFE to live separate
and apart for the rest of their natural lives, and the
parties hereto are desirous of settling fully and
finally their respective financial and property rights
and obligations as between each other includin9,
without limitation by specification: the settling of
IIANr. G. RADCLIff
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all matters between them relating to the ownership and
equitable distribution of real and personal property;
the settling of all matters between them relating to
the past, pt'esent and future support, alimony and/or
maintenance of WIFE by HUSBAND or of HUSBAND by WIFF;
and in general, the settling of any and all claims and
possible claims by one against the other or against
their respective estates,
NOli, THEREFORE, in consideration of the premises
and of the mutual promises, covenants and undertakings
hereinafter set forth and for other good and valuable
consideration, receipt of which is hereby acknowledged
by each of the parties hereto, WIFE and HUSBAND, each
intending to be legally bound hereby, covenant and
agree as follows:
1. INCORPORATION OF PREAMBLE.
The reci tals set forth in the Preamble to this
Agreement are incorporated herein an~ made a part
hereof as if fully set forth in the body of the Agree-
ment,
2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS.
This Agreement shall not be considered to affect
or bar the right of HUSBAND and WIFE to an absolute
divorc!! on lawful grounds if such grounds now exist or
IIANI G. RADCLiff
.\ nOaNlY.,\ r.L\W
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not merge with the Divorce Decree, but rather, it con-
tinues to have independent contractual significance and
each party maintains their contractual remedies.
6. DATE OF EXECUTION.
The "date of execution" or "execution date" of
th i s Agreement sha 11 be defi ned as the date of execu.
tion by the party last executing this Agreement.
7. DISTRIBUTION DATE.
The transfer of property, funds and/or documents
provided for herein shall only take place on the
"distr'ibution date" which shall be defined as the date
of execution of this Agreement unless otherwise
specified herein.
8. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT
Each party acknowledges that this Agreement has
been entered into of his or her own volition, with full
knowledge of the facts and full disclosure of their
separate and joint estates, and that each believes this
AgreE:ment to be reasonable under the circumstances.
further, HUSBAND acknowledges that he has been advised
of his right to be advised by an attorney of his own
choosing prior to entering into this Agreement and that
he voluntarily has decided not to retain such counsel,
and further acknowledges that he accepts said Agreement
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11ANl G. IlAOCLUf
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IIANI G. RADCLIff
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his or her needs and is in his or her best interests,
and that the Agreement 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 party. Both parties hereby waive the following
procedural rights:
a. The right to obtain an inventory and ap-
praisement of all marital and separate property as
defined by the Pennsylvania Divorce Code.
b. The right to obtain an income and ex-
pense statement of the other party as provided by
the Pennsylvania Divorce Code.
c. The ri ght to have the court determi ne
which property is marital and which is non-
marital, and equitably distribute between the
parties that property which the court determines
to be marital.
d. The right to have the court dec i de any
other rights, remedies, privileges, or obligations
covered by this Agreement, including but not
limited to possible claims for divorce, child or
spousal support. alimony, alimony pendente lite
(temporary alimony), custody, visitation, and
counsel fees, costs and expenses.
6
,
11. PERSONAL PROPERTY.
HUSBAND and WIFE do hereby acknowledge that they
have
previously
divided
their
tangible personal
property including, but without limitation, jewelry,
clothes, furniture, furnishings. rugs, carpets, house-
hold equipment and appliances, tools, pictures, books,
works of art and other personal property and hereafter
WIFE agrees that all of the property in the possession
of HUSBAND shall be the sole and separate property of
HUSBAND: and HUSBAND agrees that all of the property in
the possession of WIFE shall be the sole and separate
property of WIFE.
The parties do hereby specifically
waive, release, renounce and forever abandon whatever
claims, if any, he or she may have with respect to the
above items which shall become the sole and separate
property of the other.
12. AFTER-ACQUIRED PROPERTY.
Each of the parties shall hereafter own and enjoy,
independently of any claim or right of the other, all
property, tangible or intangible, real, personal or
mixed, acquired by him or her, since May 27, 1991, with
full power in him or her to dispose of the same as
fully and effectively, in all respects and for all pur-
poses, as though he or she were unmarried.
lIANt G. .AOCLlff
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.
13. DIVISION OF VEHICLES.
With respect to the vehicles owned by one or both
of the parties, they agree as follo~s:
(a) 1990 Buick Century shall be the sole and ex-
clusive property of WIFE.
The title to said vehicle or Power of Attorney is
said vehicle is title is unavailable shall be executed
by the parties, if appropriate, for effectuating trans-
fer as herein provided on the date of execution of this
Agreement and said executed title or Power of Attorney
shall be delivered to the proper party on the distribu-
tion date.
In t.he event any vehicle is subject to a
lien or encumbrance the party receiving said vehicle as
his or her property shall take it subject to said lien
and/or encumbrance and shall be solely responsible
therefor and said party further agrees to indemnify,
protect and save the other party harmless from said
lien or encumbrance.
Each of the part i es hereto does
specifically waive. release. renounce and forever aban-
don whatever right, title and interest ~hey may have in
the vehicles that shall become the sole and separate
property of the other pursuant to the terms of this
Paragraph.
)IANt G, RADCLIff
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14. DIVISION~ REAL ESTATE.
Upon the execution of this Agreement. HUSBAND
shall make, execute and deliver all of the normal and
required documents conveying, transferring and granting
unto WIFE all of his right, title and interest in and
to the improved real estate known and numbered as 22
Douglas Court, Carlisle, Cumberland County, Pennsyl-
vania heretofore utilized as the parties' marital
residence.
Said conveyance shall be subject and under
the existing first mortgage with First Federal Savings
and Loan, sole payment of which mortgage is hereby as-
sumed by WIFE who agrees to indemnify, protect and save
HUSBAND harmless therefrom.
15. EACH PARTY RETAINS OWN PENSION PLANS.
Each of the parties does specifically waive,
release, renounce and forever abandon all of theil'
right, title, interest or claim, whatever it may be, in
any Pension Plan, Retirement Plan, Profit Sharing Plan.
401-K Plan, Keogh Plan, Stock Plan, Tax Deferred
Savings Plan and/or any employee benefit plan of the
other party, whethp.r acquired through said other
party's employment or otherwise, and hereafter said
Pension Plan, Retirement Plan, Profit Sharing Plan,
40'I-K Plan, Keogh Plan, Savings Plan, Tax Deferred
9
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Savings Plan and/or any employee benefit plan shall be-
come the sole and separate property of the party in
which name or through whose employment said plan is
carried.
16. DIVISION OF BANK ACCOUNTS/STOCK/LIFE
INSURANCE.
The parties acknowledge and agree that they have
previously divided to their mutual satisfaction all of
their bank accounts, certificates of deposit, IRA ac-
counts, bonds, shares of stock, investment plans and
life insurance cash value and hereafter WIFE agrees
that all said bank accounts, certificates of deposit,
IRA accounts, bonds, shares of stock, investment plans
and life insurance cash value in the possession of HUS-
BAND sha 11 become the so 1 e and separate property of
fIUSBAND; and HUSBAND agrees that all the said bank ac-
counts, certificates of deposit, IRA accounts, bonds,
shares of stock, investment plans and life insurance
cash value in the possession of the WIFE shall become
the sole and separate property of the WIFE.
Each of
the parties does speCifically waive, release, renounce
and forever abandon whatever right, title, interest or
claim, he or she may have in any bank account, certifi-
cates of deposit, IRA accounts, bonds, shares of stock,
).ANI G. RADCLIff
,\nO.NIl-" f.L\W
J..... "aINDI.1 .CJAIl
LUI, HII.l. P.' 111111
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investment plans and life insurance cash value that is
to become the so 1 e and separate property of the ot.her
pursuant to the terms hereof,
17. WAIVER OF INHERITANCE.
Each of the parties hereto does specifically
waive, release, renounce and forever abandon any right,
title, interest and claim, if any, either party may
have in and to any inheritance of any kind or nature
whatsoever previously or in the future received by the
other party.
18. WIFE'S DEBTS.
WIFE represents and warrants to HUSBAND that since
the parties' marital separation she has not contracted
or incurred any debt or liability for which HUSBAND or
his estate might be responsible and WIFE further repre-
sents and warrants to HUSBAND that she will not con-
tract or incur any debt or 1.i abi Ii ty after the execu-
tio~ of this Agreement, for which HUSBAND or his estate
might be responsible.
WIFE shall indemnify and save
harmless HUSBAND from any and all claims or demands
made ~gainst him by reason of debts or obligations in-
curred by her.
19. HUSBAND'S DEBTS.
HUSBAND represents and warrants to WIFE that since
11
IIANl G. RADCLIff
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'.ANI G. .AOCLlff
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the parties' marital separation he has not contracted
or incurred any debt or liability for which WIFE or her
estate might be responsible and HUSBAND further repre-
sents and warrants to WIFE that he will not contract or
incur any debt or liability after the execution of this
Agreement, for which WIFE or her estate might be
responsible. HUSBAND shall indemnify and save harmless
WIFE from any and all cl aims or demands made against
her by reason of debts or obligations incurred by him.
20. BANKRUPTCY.
The parties hereby agree that the provisions of
this Agreement shall not be dischargeable in bankruptcy
and expressly agree to reaffirm any and all obligations
contained herein.
21. SOCIAL SECURITY BENEFITS.
The parties agree that subject to the rules and
regulations of the Social Security Administration, each
of the parties shall continue to be eligible for Social
Security benefits to which he or she would ordinarily
be qualified as a party to a divorce after a marri,age
of ten (10) years or more in duration, if the parties'
marriage is determined to be of ten (10) or more years
1n duration.
22. INCOME TAX PRIOR RETURNS.
12
" .
right and/or claim they may have, both now and in the
future, against the other for alimony. alimony pendente
lite, spousal support, maintenance, counsel fees and
costs.
25. PERSONAL RIGHTS.
HUSBAND and WIFE may and shall, at all times
hereafter, live separate and apart. They shall be free
from any control, restraint, interference or authority,
direct or indirect, by the other in all respects as
fully as if they were unmarried.
They may res i de at
such place or places as they may select. Each may, for
his or her separate use or benefit, conduct, carryon
and engage in any business, occupation, profession or
employment which to him or her may seem adv1'sable.
HUSBAND and WIFE shall not molest, harass, disturb or
malign each other or the r'espective families of each
other nor compel or attempt to compel the other to
cohabi t or' dwell by any means or in any manner what-
soever with him or her.
26. MUTUAL RELEASES.
HUSBAND and WIFE each do hereby mutually remise,
release, quitclaim and forever discharge the other and
the estate of such other, for all time to come, and for
all pur p 0 s e s what so eve r , of and f r em any and all
.IANI (;. .AIX~L1rr
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rights, title and interests, or claims tn or against
the property (including income and gain from property
hereafter accruing) of the other or against the estate
of such other, of whatever nature and wheresoever
situate, whir.h he or she now has or at any time
hereafter ma,Y have against such other, the estate of
such other or any part thereof, whether arising out of
any former acts, contracts, engagements or liabilities
of such other or by way of dower or curtesy, or claims
in the nature of dower or curtesy or widow's or
widower's rights, family exemption or similar al-
lowance, or under the intestate laws, or the right to
take against the spouse's will; or the right to treat a
1 ifetime conveyance by the other as testatmentary, or
all other rights of a surviving spouse to participate
in a deceased spouse's estate, whether arising under
the laws of (a) the Commonwealth of Pennsylvania, (b)
State, Commonwealth or territory of the United States,
or (c) any other country, or any ri ghts which either
party may have or at any time hereafter have for past,
present or future support or maintenance, alimony,
alimony pendente lite, counsel fees, equitable dis-
tribution, costs of expenses, whether arising as a
result of the marital relation or otherwise, except,
'lANE G. RADCLIff
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and only except. all rights and agreements and obliga-
tions of whatsoever nature arising or which may artse
under this Agreement or for the breach of any provision
thereof.
It is the intention of HUSBAND and WIFE to
give to each other by the execution of this Agreement a
full, complete and general release with respect to any
and all property of any kind or nature, real, personal
or mixed, which the other now owns or may hereafter ac-
quire, except and only except all rights and agreements
and obligations of whatsoever nature arising or which
may arise under this Agreement or for the breach of any
provisions thereof.
27. WAIVER OR MODIFICATION TO BE IN WRITING.
No mod1fication or waiver of any of the terms
hereof shall be valid unless in writing and signed by
both parties and no waiver of any breach hereof or
default hereunder shall be deemed a waiver of any sub-
sequent default of the same or similar nature.
28. MUTUAL COOPERATION.
Each party shall, at any time and from time to
time hereafter, take any and all steps and execute, ac-
knowledge and deliver to the other party, any and all
further instruments and/or documents that the other
party may reasonably require for the purpose of giving
16
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IIANI G. IlAOCLlrr
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,.... 'aINDI.J Io.-\D
CUI' ifilL '.-\ 11011
32. NO WAIVER OF DEFAULT.
This Agreement shall remain 1n full force and ef.
feet unless and unt II terml nate under and pursuant to
the terms of th i s Agreement.
The failure of either
party to Insist upon strict performance of any of the
provisions of this Agreement shall In no way affect the
right of such party hereafter to enforce the same, nor
shall the waiver of any subsequent default of the same
or similar nature, nor shall it be construed as a
waiver of strict performance of any other obligations
herein.
33. BREACH.
If for any reason either the Husband or the Wife
falls to perform his or her obligations hereunder to
the other spouse, and the other spouse Incurs any ex-
pense thereby (including but not 1 iml ted to legal fees
and costs) In enforcing his or her rights, the non-
breaching party shall have the right, at his or her
election, to sue in law or in equity to enforce any
r'lghts and remedies which the party may have and the
spouse who failed to perform the obllgat1ons agrees to
I~demnlfy the other spouse and hold him or her harmless
for any and aTl such expenses.
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Praecipe waa aerved thil date by
deJlOllitinr l8Dle in the Poat Office at Carliale, PA, lint cl8la mail, poatare prepaid, addre8aed
81 fonowa:
Diane G. Radcliff, Eaquire
3448 Trindle Road
Camp Hill, PA 17011
MARTSON, DEARDORFF, WILLIAMS & 0Tl'0
8y 0~ k f).,~
Daniel K. Deardorff, Eaquire
Ten Eaat High Street
Carliale, PA 17013
(717) 243.3341
Attorneys for Plaintiff
Dated: November 21, 1994
.........1:V.f"MV... DOI."I"I'PLIIto'"
a.-. 11Ill/l"'~""'AM
................"'..-
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 94-6224 CIVIL
RICHARD D. PORTER.
Plaintiff
CYNTHIA L. PORTER,
Defendant
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 330 I (d)( I) of the Divorce
Code.
2. Date and manner of service of the complaint: October 31, 1994, by certified mail,
return receipt requested.
3. (Complete either paragraph (a) or (b).)
(b) (I) Date of execution of the Plaintift's Affidavit required by Section
3301 (d) of the Dh'orce Code: October 31, 1994
(2) Date of service of the Plaintift's Affidavit upon the Defendant:
November 3, 1994.
4 it is also requested that the attached Marriage Settlement Agreement be incorporated
into the Divorce Decree.
S. Service of the Notice oflntentjon to Transmit the Record was made on Defendant
on December I, 1994, by certified mail, retum receipt requested. A copy of said Notice is attached
hereto.
MARTSON, DEARDORFF, WILLIAMS & OTTO
By
Daniel K. Oeardo ,Esquire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Oat.: Dec.mb.r I. 1994
CYNTHIA L. PORTER,
Defendant
IN DIVORCE
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 94.6224 CIVIL
RICHARD D. PORTER,
Plaintiff
NOTICE OF INTENTION TO TRANSMIT THE RECORD
Please be advised that Plaintiff Richard D. Porter intends to transmit the record in the above
captioned divorce action on or about December 5, 1994. Please contact your attorney iCyou have
any questions.
MARTSON, DEARDORFF. WILLIAMS & OTTO
By 0., jk~
Daniel K. Deardorff, Esquire
T en East High Street
Carlisle. PA 17013
(717) 243.3341
Attorneys tor Plaintiff
Date: December I, 1994
CERTIFICATE OF SERVICE
. I hereby certify that a copy of the foregoing Praecipe to Tranilmlt Record wu aerved
thia date by depoaitinr aame in the Poet Office at Carliale, FA, tint clua mall. poatere
prepaid, addreaaed 81 follows:
Ma. Cynthia L. Porter
22 Douelu Court
Carliele, PA 17013
MARTSON. DEARDORFF, WILLIAMS & 0Tl'0
By 5)~- .J ce. 0- ~
Daniel K. Deardorff, Eequire
Ten E8It Hirh Street
Carlisle, PA 17013
(717) 243-3341
Attorneya for Plaintiff
Dated: December 1. 1994
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RICHARD D. PORTER,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
<;'I.~.J.J.'( ~
NO. CML
CYNTHIA L. PORTER,
Defendant
IN DIVORCE
COMPLAINT
1. Plaintiff ie Richard D. Porter, who currently reeidea at 4 Midland Drive, Mt.
Holly Springs, Cumberland County, Pennsylvania, 17066, and he haa resided there aince
December of 1992.
2. Defendant ie Cynthia L. Porter, who currently reeidee at 22 Douglu Court,
Carlisle, Cumberland County, Pennsylvania, 17013, and she h81 resided there eince 1978.
3. Plaintiff and Defendant have been bona lide reeidenta in the Commonwealth
of Pennsylvania for at le8lt six monthe immediately previoue to the filing of thie Complaint.
4. The Plaintiff and Defendant were married on December 17, 1960 in Dauphin
County. Penneylvania.
6. There have been no prior actions of divorce or for annulment between the
partiee.
6. The marriage is irretrievably broken and the parties have lived aeparate and
apart eince May 26, 1991.
7. Plaintiff h81 been advised that counseling is available and that Plaintiff may
have the right to requeet that the court require the partiee to participate in counaeling.
8. Plaintiff requeste the Court to enter a decree of divorce.
WHEREFORE, Plaintiff, Richard D. Porter, respectfully requeste thie honorable Court
to:
A. Enter a decree of divorce divorcing the Plaintiff from the bonda of matrimony
hereto fore exiating between him and the Defendant, Cynthia L. Porter;
B. Grant euch other relief 81 the Court deems just and re8lonable.
"~DA'AnI.I\OINIMJ-IMJlJ\""..t,COM''''
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
9'1. r..).2 'I
NO. CIVILr.u--
RICHARD D. PORTER,
Plaintiff
CYNTHIA L. PORTER,
Defendant
IN DIVORCE
NOTICE
If you wiah to deny any of the etatemente eet forth in this Affidavit. you muat file a
counter.affidavit within twenty (20) days after this affidavit hu been served on you or the
atatementa will be admitted.
PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1. The partiee to thie action separated on May 25, 1991. and have continued to
live separate and apart for a period of at le8lt two yeara.
2. The marriage ia irretrievably broken.
3. I undentand that I may lose righte concerning alimony, division of property,
lawyer'a feea or ellJlenaea if I do not claim them before a divorce ill granted.
I verify that the etatemente made in thia affidavit are true and correct. I underatand
that falM atatemente herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904
n_. to ~.- '''''.,,'ion to '7'""'~~
Date: 10/'11 JrrL
. , Richard . Porter, Plaintiff
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2 Certified Mall Receipt.
-~ No lnsuranctl Coveraga .Pro....ided
'"~ Do not ur;e lor Inlamalu,)Ilol Mall
, lC'J'.Q\ (See A~~)
SenitI)
Ms. Cynthia L. Porter
Str.et'" Nu
22 Douglas Court
po, SllItll ... liP Cooe
Carl isle. PA 17013
PolIng. $ S.;v
CIlr1Ir1.d Feu ,--.)
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Spltell,1 Oltll~.ry Fill
Rellrtctlld CellI/lilY F.,. :;-0
I Retum RItCDlpl Sh!)Wlnll ~::S.L
tn Wllum & Dllhl DIlUI/Qrlt'1
Retum RIt':Il!pt ShlWl'ln~11r1 '/011101",
! Ollt. Ilo Allll'ltS~ ,~I Ollll~"ry
TOTAL Post"II" $ 0;2..,
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Affidavit of Mallinr wu eerved thil date
by depoeitinr same in the Post Office at Carlisle, PA, lint c181e mail, poatage prepaid,
addressed 81 follows:
mane G. Radcliff, Eequire
3448 Trindle Road
Camp Hill, PA 17011
MARTSON, DEARDORFF, WILLIAMS & OTTO
By
Daniel K. Deardorff,
Ten E8It High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Dated: November 21, 1994
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