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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF 't~~~ PENNA,
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ROSEMARY LOWTHER CLARK,
Plaintiff
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..L.AWRENCE H. CLARK,
Defendant
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DECREE IN
DIVORCE
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AND NOW, . .. ...... .. j/h#.. ... /'1... " 19 .~<... it is ordered and
decreed that . .~9p.E;~!~~X. .49\~:r.J~FiJ.l. P,~J.l!<.... . . ., . ... .... . ..... plaintiff.
and .... ~I\.I~~EN~.E: .M.. .c:r,.J;lRJ<. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. defendant,
are divorced from the bonds of matrimony,
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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;
'llie attached Property Settlement I\greement, dated September 16, 1994, is
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PROPERTY SETTLEMENT AGREEMENT
TillS AGREEMENT, made this !b t/J.. day of SEPlCt'I/(~) 1994 by and
between ROSEMARY LOWTHER CLARK of Cumberland County, Pennsylvania
(hereinafter referred to as WIFE), and LAWRENCE MICHAEL CLARK of
Cecil County, Maryland (hereinafter referred to as HUSBAND),
WHEREAS, HUSBAND and WIFE were lawfully married on March 12,
1994 in Cumberland County, Pennsylvania, and;
WHEREAS, no children were born of this marriage,
WHEREAS, diverse,
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, including without
limitation by specification: the settling of 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, present and future support and alimony; and
in general, the settling of any and all claims by one against the
other or against their respective estates,
NOW, 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
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and
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hereby acknowledged by each of the parties hereto, HUSBAND
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WIFE, each intending to be legally bound, hereby covenant and agree
as follows:
1. pepar~t.i!Ln.: It shall be lawful for each party at all
times hereafter to live separate and apart from the other party at
such place as he or she may from time to time chose or deem fit,
The foregoing provision shall not be taken as an admission on the
part of either party of the lawfulness or unlawfulness of the
causes leading to their living apart,
2.
.l.111;JLz;:ference: Each
party
shall
be
free
from
interference, authority, and contact by the other, as fully as if
he or she were ningle and unmarried, except as may be necessary to
carry out the provisions of this Agreement, Neither party shall
molest the other or attempt to endeavor to molest the other, nor
compel the other to cohabit with the other, or in any way harass or
malign the other, nor in any way interfere with the peaceful
existence of the other, while living separate and apart,
3, Subsequent Qlvorc~: The parties hereby acknowledge that
if a Complaint in Divorce is filed, it shall be filed by WIFE in
Cumberland County, Pennsylvania, HUSBAND agrees to pay all of the
costs and fees required by Cumberland county for a 3301(c)
Complaint in Divorce, claiming that the marriage is irretrievably
broken under the no-fault mutual consent provision of Section
3301(c) of the Pennsylvania Divorce Code, Both parties agree to
execute any and all affidavits or other documents necessary for the
parties to obtain an abnolute divorce pursuant to Section (c) of
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the Divorce Code. The parties hereby waive all rights to request
Court-ordered counseling under the Divorce Code,
It is further
specificallY understood and agreed by the parties that the
provisions of this Agreement as to equitable distribution of
property of the parties are accepted by each party as a final
settlement for all purposes whatsoever, as contemplated by the
Pennsylvania Divorce Code.
Should a decree, jUdgment or order of separation or divorce be
obtained by either of the parties in thill or any other state,
country or jurisdiction, each of the parties hereby consents and
agrees that this Agreement and all of its covenants shall be not
affected in any way by any such separation or divorce; and that
nothing in any such decree, jUdgment, order or further modification
or revision thereof shall alter, amend or vary any term of this
Agreement, whether or not either or both of the parties shall
remarry. It is specifically agreed, that a copy of this Agreement
or the substance of the provisions thereof, may be incorporated by
reference into any divorce, jUdgment or decree. It is the specific
intent of the parties to permit this Agreement to survive any
judgment and to be forever binding and conclusive upon the parties,
4.
Date of Execution:
"date
or
execution"
The
of
"execution date" of this Agreement shall be defined as the day upon
which it is executed by the parties if they have each executed the
agreement on the same date, Otherwise. the "date of execution" or
"execution date" of this Agreement shall be defined as the
date of
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oxecution by the party last executing this Agreement.
5.
Distribu~lo1L-Pate:
The transfer of property, funds
and/or documents provided for herein, shall only take place on the
"distribution date" which shall be defined as specified herein.
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6, Hutual Release: 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 purposes
whatsoever, of and from any and all rights, title and interests,
or claims in 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,
which he or she now has or at any time hereafter may have against
the other, the estate of such other or any part thereof, whether
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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 allowance, 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 (a)
Pennsylvania, (b) any State, Commonwealth or territory of the
United States, or (c) any country, or any rights which either party
may have or at any time hereafter shall have for past, present or
future support or maintenance, alimony, alimony pendente
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counsel fees, property division, costs or expenses, whether arising
as a result of the marital relations or otherwise, except, all
rights and obligation of whatsoever nature arising or which may
arise under this Agreement or for the breach of any provisions
thereof. It is the intention of HUSBAND and WIFE to give to each
other by the execution of this Agreement Ii 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 acquire, except and only except all right and agreements
and obligations of whatsoever nature arising or which may arise
under this Agreement or for the breach of any provision thereof,
It is further agreed that this Agreement shall be and constitute a
full and final resolution of any and all claim which each of the
parties may have against the other for equitable division of
property, alimony, counsel fees and expenses, alimony pendente lite
or any other claims pursuant to the Pennsylvania Divorce Code or
the divorce laws of any other jurisdiction,
7,
Advice of COLlnsel:
Both
parties
have
knowingly,
voluntarily, and intelligently waived the right to be represented
by counsel.
HUSBAND and WIFE acknowledge and accept that this Agreement
is, in the circumstances, fair and equitable and that it is being
entered into freely and voluntarily and that execution of this
Agreement is not the result of any duress or undue influence and
that it is not the result of any collusion or improper
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or illegal
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agreement or agreements. The parties further acknowledge that they
have each made to the other a full accounting of their respective
assets, estate, liabilities, and sources of income and that they
waive any specific enumeration thereof for the purpose of this
Agreement. Each party agrees that he and she shall not at any
future time raise a defense or otherwise the lack of such
disclosure in any legal proceeding involving this Agreement.
8,
Warranty aE to Existinq O~ations:
Each party
represents that he or she has not heretofore incurred or contracted
for any debt or liability or obligation for which the estate of the
other party may be responsible or liable except as may be provided
for in this Agreement, Each party agrees to indemnify and hold the
other party harmless for and against any and all such debts,
liabilities or obligations of every kind which may have heretofore
been incurred by them, including those for necessities, except for
the obligation arising out of this Agreement.
9.
Existinq Debts:
HUSBAND agrees to pay one thousand
five hundred ($1,500,00) dollars towards the BELCO credit card
balance.
HUSBAND further agrees to pay seventy-five (75%) percent or
seven hundred fifty ($750,00) dollars, whichever is less, towards
the USAA credit card balance which balance will be stated on the
October statement,
HUSBAND agrees to pay to WIFE, by the fifth (5th) day of each
month beginning on October 5, 1994, a sum equal to the minimum
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balances owed on each of the above accounts, WIFE agrees to make
payment directly to BELCO and USAA each month, The parties agree
that HUSBAND may pay to WIFE the entire balance of his obligations
on these two (2) accounts at any time, After HUSBAND has paid tho
entire balance of his obligations on these two (2) accounts to
WIFE, WIFE shall indemnify and hold HUSBAND harmless from any and
all liability for any remaining balances on BELCO and USAA,
WIFE agrees to pay the remaining balances on the BELCO and
USAA credit cards.
HUSBAND agrees to be solely responsible for the balance on the
MBNA credit card, and shall indemnify and hold WIFE harmless from
any and all liability for same,
HUSBAND shall be solely responsible for any other credit cards
or debts in his individual name; WIFE shall be solely responsible
for any other credit cards or debts in her individual name,
WIFE shall be solely responsible for the car loan for the 1995
Plymouth Neon, and shall indemnify and hold HUSBAND harmless from
any and all liability for same,
10, Marital Home:
HUSBAND shall have sole and exclusive
possession and ownership of the marital home located at 136 New
Road, Rising Sun, Cecil County, Maryland.
11, Warrall~p to Future OblJ-9!!.tiollf!: HUSBAND and WIFE each
covenant, warrant, represent and agree that, with the exception of
obligations set forth in this Agreement, neither of them
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hereafter incur any liability whatsoever for which the estate of
the other may be liable. Each party shall indemnify and hold
ha.mless the other party for and against any and all debts, charges
and liabilities incurred by the other after the execution date of
this Agreement, except as may be otherwise specifically provided
for by the terms of this Agreement,
12, Personal Property: HUSBAND agrees to pay WIFE the sum of
six hundred twenty ($620,00) dollars at the time of the execution
of this Agreement, The parties acknowledge that they have divided
all other personal property between themselves to their mutual
satisfaction, Neither party shall make any claim to any such item
of marital property, or of the separate personal property of either
party, which will be 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
effects 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 execution 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 to other similar
writing is in the possession or control of the party at the time of
the execution of this Agreement,
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notwithstanding,
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Anything to the contrary contained herein
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HUSBAND and WIFE shall be deemed to be solely and individually in
the possession, control and ownership of any pension or other
employee benefit plans or other employee benefits of any nature to
which either party may have a vested or contingent right or
interest, apart from the provisions of the Divorce Code, at the
time of the signing of this Agreement.
13, Hotor Vehicle: The parties agree that WIFE shall become
the sole and exclusive owner of the 1995 Plymouth Neon currently
titled in joint names, HUSBAND agrees to transfer title of said car
to WIFE within ten (10) days of the execution of this Agreement,
and WIFE agrees to make every reasonable effort to apply for the
refinancing of the car loan in her own individual name,
HUSBAND shall become the sole and exclusive owner of the 1991
Dodge Caravan titled in HUSBAND's name,
14, After Acquired Personal Property:
Each of the parties
shall hereafter own and enjoy, independently of any claims or right
of the other, all items of personal property, tangible or
intangible, hereafter acquired by him or her, with full power in
him or her to dispose of the same as fully and effectively, in all
respects and for all purposes, as though he or she were unmarried,
15, Applicability of Tax Law to Property Transfers: The
parties hereby agree and express their intent that any transfers of
property pursuant to this Agreement shall be within the scope and
applicability of the Deficit Reduction Act of 1984 (herein the
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pertaining to
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"Act"), specificallY, the provisions of said Act
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transfers of property between spouses or former spouses, The
parties agree to sign and cause to be filed any elections or other
documents required by the Internal Revenue Service to render the
Act applicable to the transfers set forth in this Agreement,
without recognition of gain on such transfer and sUbject to the
carry-over basis provisions of said Act.
16, Waiver of Alimony Pe_ndf!!1J_lL.f!j.t.!L-"m~_f!Mal Fees: Each
party hereby waives any right to alimony pendente lite, The
parties agree to be responsible for their own attorney's fees,
17, Eull Di~closure: Each party asserts that he or she has
made a full and complete disclosure of all the real and personal
property of whatsoever nature and wheresoever located belonging in
any way to each of them, of all debts and encumbrances incurred in
any manner whatsoever by each of them, of all sources and amounts
of income received or receivable by each party, and of every other
fact relating in any way to the subject matter of this Agreement,
These disclosures are part of the consideration made by each party
for entering into this Agreement,
18, Waiver of Alimony: The parties herein acknowledge that
by this Agreement they have respectively secured and maintained a
substantial and adequate fund with which to provide for themselves
sufficient financial resources to provide for their comfort,
maintenance and support, in the station of life to which they are
accustomed. HUSBAND and WIFE do hereby waive, release and give up
any rights they may respectively have against the other
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alimony, spousal support or maintenance, It shall be free from the
execution of this Agreement the sole responsibility of each of the
respective parties to sustain themselves without seeking any
support from the other party,
19, Jncome Tax Returns: HUSBAND and WIFE agree to submit all
necessary income tax information to Randy Nead to determine the tax
consequences of the parties' filing separate returns or a joint
return for the 1994 tax year,
If HUSBAND has a tax liability by filing a separate return,
and WIFE is entitled to a refund by filing a separate return,
however, by filing a joint return, HUSBAND and WIFE would receive
a greater refund, the parties shall file a joint income tax return,
with WIFE first receiving the amount due under her separate return;
the balance of the refund shall be equally divided between the
parties,
If HUSBAND is entitled to a refund by filing a separate return
and WIFE has a tax liability by filing a separate return, however,
by filing a joint return HUSBAND and WIFE would receive a greater
refund, the parties shall file a joint income tax return, with
HUSBAND first receiving the amount due under his separate return;
the balance of the refund shall be equally divided between the
parties.
If both parties have a tax liability by filing separate
returns, however, by filing a joint return their liability would be
less, the parties shall file a joint income tax return,
with
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HUSBAND and WIFE each paying a proportional share of the liability,
If both parties have a tax liability by filing separate
returns, however, by filing a joint return they would be entitled
to a refund, said refund shall be equally divided between the
parties,
If both parties are entitled to receive a tax refund, however,
by filing a joint return, HUSBAND and WIFE would receive a greater
refund, the parties shall file a joint income tax return, with each
party first receiving the individual amounts due to her and him;
the balance of the refund shall be equally divided between the
parties,
HUSBAND agrees to be solely responsible for paying Randy Nead
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for these services,
For the 1995 tax year, and all subsequent years, the parties
agree that they shall file individual income tax returns,
20, ]n/iUrilnc;;p:
A, Me_dical_In_suran~!1.: HUSBAND agrees to continue to
provide medical insurance coverage for WIFE through his employer
while this coverage is at no cost to HUSBAND, or until such time as
WIFE is no longer able to receive such coverage by operation of
law, Should HUSBAND be required to pay for medical insurance
coverage for WIFE, prior to WIFE I S receiving medical insuranco
benefits through her employer, HUSBAND shall advise WIFE of same
and shall cooperate with WIFE and give WIFE the opportunity to pay
directly for her continued coverage,
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HUSBAND agrees to pay WIFE all monies received as
reimbursement for WIFE's medical claims from the health insurance
carrier within seven (7) days of receipt.
B, BOID~own~~~_IQ~Mrapc~: HUSBAND agrees to apply for
his own homeowners policy prior to the next renewal date, Until
HUSBAND has secured his own homeowners .policy, HUSBAND agrees to
th~"e~Jl~ /It-
pay WIFE the sum of twenty- Q( $2Q, 00) dollars by the fifth
(5th) day of each month beginning October 5, 1994, In the event
that the current rate for the homeowners pOlicy should increase,
HUSBAND agrees to pay the difference between the twenty-three
($23,00) dollars and the increase to WIFE by the fifth (5th) day of
each month, HUSBAND and WIFE acknowledge that HUSBAND shall not be
covered under WIFE's homeowners pOlicy at the time of the
finalization of the Divorce.
21. Annulment: The parties agree to cooperate in pursuing an
annulment in the Catholic Church. HUSBAND agrees to execute any and
all documents necessary to obtain said annulment from the Catholic
Church. HUSBAND further agrees to pay one-half (1/2) of all costs
involved in obtaining said annulment,
22, Waiver oLlfgili.fic;.at;ion t~pe in Writing: No modification
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
subsequent default of the same or similar nature.
23, ffut_u{lJJ;'oopqr.at,icm: Each party shall, at any time and
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from time to time hereafter, take any and all steps and execute,
acknowledge and deliver the other party any and all further
instruments and/or documents that the other party may reasonably
require for the purpose of giving full force and effect to the
provisions of this Agreement,
24. Applicable Law: This Agreement shall be construed in
accordance with the laws of the Commonwealth of Pennsylvania which
are in effect as of the date of execution of this Agreement,
25, !Jgreement Bindin(LJLn Heirs:
This Agreement shall be
binding and shall inure to the benefits of the parties hereto and
their respective heirs, executors, administrators, successors and
assigns,
26. Inteqration:
This Agreement constitutes the entire
understanding of the parties and supersedes any and all pr ior
agreements and negotiations between them,
There are no
representations or warranties other than those expressly set forth
herein,
27. Other Qocum~l1tatj.ol!: HUSBAND and WIFE covenant and agree
that they will forthwith execute any and all written instruments,
assignments, releases, satisfactions, deeds, notes or such other
writings as may be necessary or desirable for the proper
effectuation of this Agreement,
28, NQ__~Riv~L-Q1L-DefauJ_t: This Agreement shall re~ain in
full force and effect unless and until terminated under and
pursuant to the terms of this Agreement,
The failure of either
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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 tho same, nor shall the waiver of any default
or breach of any provisions hereof be construed as a waiver of any
subsequent default or breach of the same or similar nature, nor
shall it be construed as a waiver of strict performance of any
other obligations herein,
29 , Bevo!:abj,),i t..Y:
If any term, condition, clause or
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this
Agreement and in all other respects this Agreement shall be valid
and continue in full force, effect and operation. Likewise, the
failure of any party to meet his or her obligation under anyone or
more of the paragraphs herein. with the exception of the
satisfaction of the conditions precedent, shall in no way avoid or
alter the remaining obligations of the parties.
30, pr~gcft: 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, The party
breaching this contract shall be responsible for payment of
reasonable legal fees and costs incurred by the other in enforcing
their rights under this agreement,
31, l1e~dings }!Q.Ll'i!z:LQLJ\g~:JH!mlJnt: Any heading preceding
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the text of the several paragraphs a~d sUbparagraphs hereof are
inserted solely for convenience of reference and shall not
constitute a part of this Agreement nor shall they affect its
meaning, construction or effect,
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals this day and year first above written,
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Date itnes / .
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Date Witness
~~V'~ ~L
ROSRHARY~. CLARK
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
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SS,
On this the II. day of:$.-rL 1994,
before me the undersigned, personally appeared LAWRENCE M, CLARK,
known to me (or satisfactorily proven) to be the person whose name
is subscribed to the within Property Settlement Agreement, and
acknowledged that he executed the same for the purpose therein
contained,
IN WITNESS WHEREOF, I have set my hand and notarial seal,
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Notary Public
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COMMONWEALTH OF PENNSYLVANIA
COuti'n' OF
CUM htr"l..... ,>
ss,
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On this the 1(., doy of '5",,1 1994, before the
undersigned'officer, personally appeared ROSEMARY L. CLARK, known
to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Property Settlement Agreement, and
acknowledged that she executed the same for the purpose therein
contained,
IN WITNESS WHEREOF, I have hereunto set my hand and notarial
seal,
.._..JL~_c_r;L___
Notary publjc__L .
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, (J. NNSYLVANIA
: l' /-, /J A
: NO. 10 - ?5CU.q~L~ J.VL,r---
ROSEMARY LOWTHER CLARK,
Plaintiff
.
.
LAWRENCE H. CLARK,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend
against the claims set forth in the following pages, you must
take prompt action.
You are warned that if you fail to do so, the case
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 m'oney 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, Cumberland County
Courthouse, Carlisle, Cumberland County, Pennsylvania.
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 COURT ADMINISTRATOR
Cumberland County Courthouse, 4th Floor
Carlisle, Pennsylvania 17013
(717) 240-6200
. .
AVISO PARA DEFENDER Y RECf.AMAH 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 difiende, 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 cualquier
otra queja 0 compensacion reclamados por el demandante. Usted
puede perder dinero, 0 propiedades u otros derechos
importantes para usted.
Cuando la base para el divorcio es indignidades 0
rompimiento irreparable del matrimonio, usted pluede solicitar
consejo matrimonial. Una lista de consejeros matrimoniales
esta disponsible en la oficina del prothonotary, en la
Cumberland county Court of Common Pleas, South Hanover street,
Carlisle, Pennsylvania.
SI USTED NO RECLAHA PENSION ALlMENTICIA, PROPIEDAD
MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL
DECRETO FINAL DE DIVORCIO 0 ANULAHIENTO SEA EHITIDO. USTED
PUEDE PERDER EL DERECHO A RECLAHAR CUALQUIERA DE ELLOS.
USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INHEDIATO.
SI NO TIENE 0 NO PUEDE PAGAR UN ABOGAOO, VAYA 0 LLAME A LA
OFICINA INCICAOA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER
ASISTENCIA LEGAL.
CUMBERLAND COUNTY COURT ADMINISTRATOR
Cumberland county Courthouse, 4th Floor
Carlisle, pennsylvania 17013
Telefono (717) 240-6200
ROSEMARY LOWTHER CLARK, :
Plaintiff
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
v
.
.
NO.
.
.
LAWRENCE K. CLARK,
Defendant
:
CIVIL ACTION - DIVORCE
.
.
COMPLAINT UNDER SECTION 3301(c)
OF THE DIVORCE CODE
AND NOW comes ROSEMARY LOWTHER CLARK by and through her
attorney, Maryann Murphy, Esquire, who respectfully avers as
follows:
1. Plaintiff is Rosemary Lowther Clark, who currently
resides at 418 Huron Drive, Mechanicsburg, Cumberland County,
Pennsylvania.
2. Defendant is Lawrence M. Clark, who resides at 136
New Road, Rising Sun, Cecil County, Maryland.
3. Plaintiff has been a bona fide resident in the
Commonwealth for at least six months immediately previous to the
filing of this Complaint.
4. Plaintiff and Defendant were married on March 12,
1994 in Cumberland County, Pennsylvania.
5. There have been no prior actions for divorce or for
annulment between the parties.
6. Defendant is not a member of the Armed Forces of the
United States of America or any of its Allies.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised of the availability of
marriage counseling and that she may have the right to request the
Court to require the parties to participate in such counseling.
Being so advised, Plaintiff does not request that the court require
the parties to participate in counseling prior to a Divorce Decree
being handed down by the Court.
9. Plaintiff requests this Court to enter a Decree in
Divorce from the bonds of matrimony.
WHEREFORE, Plaintiff respectfully requests this
Honorable Court to enter a Decree dissolving the marriage between
the Plaintiff and Defendant.
Respectfully sUbmitted,
11 1.t.. .
urphy, Esqu re
Attorne for Plaintiff
2201 North Second Street
Harrisburg, PA 17110
(717) 233-6511
Supreme Court I.D. # 61900
CERTIFICATE OF SERVICE
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I, Maryann Murphy, Esquire, do hereby certify that a true and
correct copy of the within Complaint Under Section 3301(c) of the
Divorce Code was personally served upon the Defendant, Lawrence M.
Clark.
Date:
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ROSEMARY LOWTHER CLARK,
Plaintiff
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 - 803 civil Term
v
LAWRENCE M. CLARK,
Defendant
: CIVIL ACTION - DIVORCE
AFFIDAVIT OF SERVICE
I, Maryann Murphy, Esquire, depose and say:
1. That she is an adult individual residing in
Cumberland County, Pennsylvania.
2. That on February 21, 1995, a 3301 (c) Complaint in
Divorce was served, in the above-captioned case, to:
Lawrence M. Clark
136 New Road
Rising Sun, MD 21911
3. That on February 21, 1995, Lawrence M. Clark signed
the Acceptance of Service, which is attached to this affidavit.
,
L I
IV
urphy, Esqui
2201 Nor h Second Street
Harrisburg, PA 17110
(717) 233-6511
I.D. # 61900
. ..
'--
I ,. .
, ,'"
ROSEMARY LOWTHER CLARK, IN TilE COURT OF COMMON PLEAS
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
: L/s -803
v. . NO.
.
.
.
LAWRENCE K. CLARK, . CIVIL ACTION - LAW
.
Defendant .
.
. IN DIVORCE
.
ACCEPTANCE OF SERVICE
I, LAWRENCE M. CLARK, the Defendant in the above-captioned
case, do hereby depose and say that I personally received and
accepted service of a true and correct copy of the Complaint in
Divorce on the date written below.
I understand that false statements herein are made subject to
the penal ties of 18 Pa. C. S. Section 4904, relating to unsworn
falsification to authorities.
Date:
:J/J 1195
I
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.}(/"j,(;<!..'/I/ /1,( c.:t .
LA RENCE M. CLARK
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ROSEMARY LOWTHER CLARK,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 - 803 Civil Term
LAWRENCE M. CLARK,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Complaint was filed on February 14, 1995.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of the
filing of the Complaint.
3. I consent to the entry of a Final Decree in Divorce.
4..- I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them . I a divorce is granted.
before
0'
0,
5';' 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. Being so advised,
I do not request that my spouse and I participate in counseling
prior to a Decree in Divorce
being handed down by the Court.
p'..,;/ ,'J/.'
.-. fk'/)ICl',. {7-.'(,'~' f-t:..:1ovl3
ROSEMARY LOWTHER CLARK
V 'J/').~/15
Date
Sworn and s~cribed before
me this~day of
No'.arl!l! 5001
Maryrrll M.:rp.",y. ~J.~,ti'r" r:J~~':
HOrrir.r...lf!7, r..n~:pt~/l CO);,;, "
M,tComm1uulol1 FJ~~1t~~. S~:I'~ ':., i ':".,
~~Lil~I'i~.,;'""",,~
, ....
. .....
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 - 803 civil Term
ROSEMARY LOWTHER CLARK,
Plaintiff
LAWRENCE M. CLARK,
Defendant
.
.
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF COUNSELImi
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Complaint was filed on February 14, 1995.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of the
filing of the Complaint.
3. I consent to the entry of a Final Decree in Divorce.
4. 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.
5.
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. Being so advised,
I do not request that my spouse and I participate in counseling
prior to a Decree in
Divorce being handed down by th~ourt.
,/"--) '/ ...
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'---:--. -- /J( , /
. '((7.////.41.'.(1/ /l., l/L
, -..' L"'WRENCE M. CLARK
/'
71r:l c<'~ /196"
Oat
--
Sworn and subscribed before
this A!.r-l,h day of
)
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ROSEMARY LOWTHER CLARK, . IN THE COURT OF COMMON PLEAS
.
Plaintiff CUHBERLAND COUNTY, PENNSYLVANIA
v. . NO. 95-803 Civil Term
.
.
.
LAWRENCE M. CLARK, . CIVIL ACTION - LAW
.
Defendant . IN DIVORCE
.
AFFIDAVIT OF INTENTION TO
RESUME PRIOR NAME
COMMONWEALTH OF PENNSYLVANIA
:6S:
COUNTY OF
.
.
ROSEMARY LOWTHER CLARK being duly sworn according to law,
deposes and says that she is the Plaintiff in the above suit
in which a final decree from the bonds of matrimony was
entered and she elects to resume her prior name of ROSEMARY
LOWTHER, and, therefore, gives this written notice avowing
said intention in accordance with the provisions of the Act of
May 25, 1939 P.L. 192, as amended July 13, 1953 (23 P.S. 98).
~~v~c&~
ROSEMARY ~THER CLARK
(Married name)
to be known as
Rt~~~
(prior name)
Sworn to and subscribed to
before me this ~O day
of ~~~ , 1995
N~~~;~ '1 ~ ~
t10TARlAl SEAL
onrN~ lrNm KlAIIE, rl~lary PLclic
"J'r:~OJ'O. D>'Upt';ll Courtly
1,I/CO:r,'!:iIS Oil ['p'les Dc:. IG. 1097