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DA VID E, CLAPPER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACfION . LAW
: NO. 95-4248 CIVIL TERM
REBECCA M. CLAPPER,
Defendant
: IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Please incorporate the allached Separ.tlioll and Property Settlement Agreement, dated August 7,
1995, to the above-captioned divorce action,
Respectfully,
quire
Allomey for Plaintiff
cc: David E. Clapper, Plainliff
Rebecca M. Clapper, Defendant, pm Sf!
SEPARATION AND PROPERTY SETTLEMENT AGREEMFJIT
THIS AGREEMENT Made this 7th day of August, 1995. by and between REBECCA M.
CLAPPER (hereinafter referred to as WIFE) and DAVID E. CLAPPER (hereinafter referred to as
HUSBAND):
WITNESSETH:
WHEREAS, the parties hereto have been married since December of 1983 due to their common
law marriage status; have been and are HUSBAND and WIFE: and as a result of this union, two
children were born to wit: MATTHEW R. CLAPPER, born September 18, 1984 and SARAH G.
CLAPPER, born November 10. 1986. hereafter referred to as the "children",
WHEREAS, diverse, unhappy differences. disputes and difficulties have arisen between the
parties and it is the intention of WIFE and HUSBAND 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, withoutlimitatiDn by specification:
the settling of all matters between them relating to the ownership and equitable distribution of real and
personal property; settling of all matters between them relating to the past, present and future support
and/or maintenance of the WIFE, the settling of any and all claims and possible claims by one against
the other or against their respective estate.
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 hereby acknowledged by each of the parties hereto. WIFE and HUSBAND, each intending to be
legally bound, hereby covenant and agree as follows:
Page I of 8
1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not
be considered to affect or bar the right of WIFE or HUSBAND to a limited or absolute divorce on
lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available
to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation
on the part of either party hereto of any act or acts on the part of the other party which have occurred
prior to the date hereof. The parties intend to secure a mutual consent divorce.
2. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and effect after such time as a final decree
in divorce may be entered with respect to the parties.
3, AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that
the terms of this Agreement shall be incorporated into any divorce decree which may be entered with
respect to them.
4. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and
apart from the other party as such place as he or she may from time to time choose or deem fit. The
foregoing provisions 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.
5. 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 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, separate and apart from the other,
Page 2 of 8
6, WIFE'S DEBTS: WIFE represents and warrants to HUSBAND that since their separation 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 harmless HUSBAND from any and all
claims or demands made against him by reasons of debts or obligations incurred by her.
7. HUSBAND'S DEBTS: HUSBAND represents and warrants to WIFE that since their
separation 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 shall indemnify and save harmless WIFE from any and all claims
or demands made against her by reasDn of debts or obligations incurred by him,
8. MUTUAL RELEASE: Subject 10 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, release and discharge the other of and from all
causes of action. claims, rights, or demands, whatsoever in law or equity, 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
any or all causes of action from breach of any provisions of this Agreement.
9, REAL PROPERTY: The marital home at 210 Opossum Lake Road. Carlisle, Pennsylvania
17013, shall be the property of the HUSBAND together with any lien thereon. HUSBAND shall pay
to WIFE $2,750.00 in consideration for her interest in the Opossum Lake Road property. Payments
shall be in the amount of $50.00 per week and shall commence no later than August 28, 1995.
The property located at 204 Ponderosa Road. Carlisle, Cumberland County, Pennsylvania, titled
to David E. Clapper, shall be transferred to James Dunn through a conditional Sales Agreement at a
future unspecified date.
Page 3 of 8
10. DIVISION OF PERSONAL PROPERTY:
(a) The parties have heretofore divided their personal property to their mutual satisfactiGn.
Henceforth, each of the parties shall own. have and enjoy, independently of any claim of right of the
other party, all items of personal property of every kind, nature and description and wheresoever
situated, which are now owned or held by or which may hereafter belolig to the HUSBAND or WIFE
respectfully, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually,
in all respects and for all purposes as if he or she were unmarried. All items of personal property shall
be divided between the parties as provided herein:
(b) Personal Effects: All items of personal effects such as. but not limited to: jewelry,
luggage, sports equipment, hobby collections and books, but not including furniture or any property,
personal or otherwise specifically disposed of pursuant to this agreement. shall become the absolute and
sole property of that party who has had the principal use thereof or to whom the property was given
or for whom it was purchased, and each party hereby surrenders any interest he or she may have in any
such tangible personal property of the other. Transfer of personal property shall occur on August 7.
1995 no later than 6:00 p.m.
(c) Intangible Personal Property (other than Life Insurance): All stocks, bonds. cash, and
sums on deposit in checking and saving accounts (owned by either or both parties) have been or will
be divided to the mutual satisfaction of the parties,
(d) Pension: The parties recognize that HUSBAND's pension is a property asset divisible
as part of this property selllement agreement, The parties therefore agree that WIFE waives any and
all rights or claim she has or will have with regard to the pension,
Page 4 of 8
(e) Furniture and other Tangible Property: All furniture and other Iangible personal
property not disposed of pursuant to other paragraphs of this agreement shall be the property of the
WIFE.
<0 Debts: The HUSBAND shall be responsible for all existing joint debts and liabilities
incurred by the parties prior to their separation except as otherwise provided herein. The HUSBAND
shall also be responsible for all existing debts and liabilities incurred in his own name prior to the
separation. The WIFE shall be responsible for all existing debts and liabilities incurred in her own
name prior to the separation,
(g) The parties further agree that neither will incur any future debts for which the other
may be held liable, and if either party incurs a debt for which the other will be liable, that party
incurring such debt will hold the other harmless from any and all liability thereon.
II, AFTER ACOUIRED 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, Iangible or
inlangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as
fully and effectively, in all respect and for all purposes, as though he or she were unmarried,
12. CUSTODY: The parties shall share legal and physical custody of the children, The children
shall allend schools within the Big Spring School District although the WIFE currently resides outside
of that school district. For the purpose of 1995 income laX filing, the HUSBAND shall have the right
to claim both children as exemptions, In all future years. the parties shall split this exemption with the
HUSBAND claiming SARAH and the WIFE claiming MATIHEW,
13. DIVORCE: The parties hereto agree to enter into a mutual consent divorce. HUSBAND
agrees to pursue the divorce and to be the Plaintiff therein. WIFE agrees to sign the necessary
Page 5 of 8
documents, including an Affidavit of Consent and further instruments that may be reasonably required
to give full force and effect to the provisions of this Agreement,
14. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present or future laws of any jurisdiction, to share
in the property or the estate of the other as a result of the marital relationship, including without
limitation, dower, courtesy, statutory allowance. widow's allowance. right to take in intestacy, right to
lake against the Will of the other, and right to act as administrator or executor of the other's estate, and
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.
IS. BREACH: 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 contract shall be responsible
for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement.
16. VOID CLAUSES: 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.
17. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience
only. They shall have no effect whatsoever in determining the rights or obligations of the parties,
PlIge 6 of 8
18. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by
and between the parties hereto that each paragraph hereof shall be deemed to be a separate and
independelll covenalll and agreement.
19. 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 reasonable required to give full force and effect to the provisions of this Agreement.
20. APPLICABLE LAW: This Agreemelll shall be construed under the laws of the
Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980.
21. AGREEMENT BINDING ON HEIRS: This Agreemelll shall be binding and shall inure to
the benefit of the parties hereto and their respective heirs, executors. administrators, successors and
assigns.
22. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties
and there are no representations, warralllies. covenants or undertakings other than those expressly set
forth herein.
23, MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this
Agreemelll shall be effective only if made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict performance of any of the provisions of this
Agreement shall not be construed as a waiver of any subsequent default of the same Dr similar nature,
24, WAIVER OF RIGHTS: The parties hereto have been informed of their rights or have been
advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, Act of
April 2, 1980, Number 1980-26. particularly the provisions for alimony. alimony pendellle lite,
equitable distribution of marital property. counsel fees or expenses, Both parties agree that this
Page 7 of 8
Agreement shall conclusively provide for lhe distribulion of property under the said law and hereby
waive, release and relinquish any further rights they may respeclively have against the other for
alimony, alimony pendeJ1le Iile, equitable distribulion of marital property, counsel fees or expenses,
From the date hereof, each party may acquire either personal or real properly in their own name. Any
property so acquired shall be owned solely by the individual and shall not be subjecl to any claim
whatsoever by the olher party.
25. EXECUTION OF DOCUMENTS: Bolh parties hereby agree to execute any documents
required to implement this Agreement,
26. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the substantial
accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement.
IN WITNESS WHEREOF, the parties herelo have set their hands and seals the dale and year
ss.
COUNTY OF CUMBERLAND
On this, the 7th day of August. 1995. before me, a notary public in and for the County of
Cumberland, Commonweallh of Pennsylvania, lhe undersigned officer, persDnallyappeared David E.
Clapper and Rebecca M. Clapper known to me (or satisfactorily proven) to be the persons whose names
are subscribed to the within instrument, and acknowledged that they executed the same for the purposes
therein cGntained.
IN WITNESS WH~REgE., I hereunto set~d and official seal.
~~~M 11 wU-A.
NOlary Public
I"dge 8 of 8
NOTARIAL SEAL
DENISE SNIDER. NDTARY PUBLIC
CARLISLE BORO, CUMBERLAND COUNTY
MY COMMISSION EXPIRES OCT. 28, 1996
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DA VID E. CLAPPER.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
vs,
: CIVIL ACrJON - LAW
: NO. 95-4248 CIVIL TERM
REBECCA M, CLAPPER.
Defendunt
; IN DIVORCE
PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS
TO: Joan E. Carey, Esquire
und Rebecca Clapper
Legal Services, Inc,
8 Irvine Row
Carlisle, PA 17013
Plaintiff, pursuant to R. C. p, No. 4009, hereby request Rebecca Clupper to produce and pennit
for inspection materials as set forth below at the offices of Kayer & Brown, 4 East Liberty A venue,
Otriisle, Pennsylvania, 17013 by November 3, 1995 at 10:00 a,m,
(I) A wooden pipe, made of an unknown wood, tan in color. approximately 4 inches in
length, I inch in height, and 1 inch in width, TIlis pipe is designed to be used with tobacco or some
similar substance,
Respect fully,
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Jurnes 1. Kriyer, E~lire
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K~yer an~ Brown
Liberty Loft
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4 Easl Liberty Avenue
Otriisle, PA 17013
(717) 243-7922
vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 95-4248 CIVIL TERM
DA VID E. CLAPPER,
Pluintiff
REBECCA M. CLAPPER,
Dcfcndunt
: IN DIVORCE
CERTIFICATE OF SERVICE
I hereby cenify thut u tme copy of the foregoing Plaintirrs Request for Production of
Documents und ll1ings was served on Dcfendunt's counsel by first-class mail, postage
prepaid, by forwarding a tme and correct copy unto:
Joan E. Carey, Esquire
Legal Services, Inc.
S Irvine Row
Carlisle, PA 17013
Date ld:',ft.,
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLVANIA
: CIVIL ACnON - LAW
: NO. 95-4248 CIVil. TERM
DA VID E. CLAPPER,
Pluintiff
REBECCA M. CLAPPER,
Dcfendunt
: IN DIVORCE
PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS
TO: Murk Edwards
17 E. PODlfret Street
Carlisle. PA 17013
Pluintiff, pursuunt to R. C. 1'. No. 4009, hereby request Murk Edwards to produce and permit for
inspection Illaterials as set fonh below at the offices of Kayer & Brown, 4 Eust Libeny A venue. Carlisle,
Pennsylvania, 17013 by Novembcr 3,1995 at 10:00 a.m.
(I) A wooden pipe. mudc of un unknown wood, tun in color, approximately 4 inches in
length, I inch in height, und 1 inch in width. ll1is pipe is designed to be uscd with tobucco or some
similur substance.
Respectfully,
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Jumes p. Ku jer, ~quire
Kuyer ;und Brow
Libenr Lofe
4 Eusl Libeny Avenue
Glrlisle, PA 17013
(717) 243-7922
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-4248 CIVIL TERM
IN DIVORCE
DAVID E. CLAPPER
. .
. .
. .
. .
. .
. .
REBECCA M. CLAPPER
. .
. .
COUNTERCLAIM IN DIVORCE
Defendant/counter-plaintiff avers, by way of
counterclaim:
COUNT I - EOUITABLE DISTRIBUTION
1. Defendant counter-plaintiff is Rebecca M. Clapper.
2. plaintiff is David E. Clapper, plaintiff in this
action.
3. Plaintiff and defendant/counter-plaintiff are the
joint owners as tenants by the entireties of various items
of personal property, furniture and household furnishings
acquired during the marriage which are subject to equitable
distribution by this Court.
2. Defendant/counter-plaintiff requests this Honorable
Court to equitably divide all marital property of the
parties.
COUNT II - COUNSEL FEES. COSTS AND EXPENSES
3. Defendant/counter-plaintiff does not have
sufficient funds to pay counsel fees and expenses incidental
to this action.
4. Defendant/counter-plaintiff requests this Honorable
Court to award her counsel fees and expenses.
COUNT III - ALIMONY. ALIMONY PENDENTE LITB
5. Defendant/counter-plaintiff does not have sufficient
funds to support herself.
6. Defendant/counter-plaintiff requests this Honorable
Court to award her alimony, alimony pendente lite.
WHEREFORE, defendant respectfully requests this
Honorable Court to grant the relief requested.
Respectfully submitted,
~"~M"j.."R.///I~~__
l Attorney for Defendant/
Counter-Plaintiff
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 10 Pa.C.S. Sec. 4904
relating to unsworn falsification to authorities.
Dated:
(:))
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AND NOW, "~"k?-:."",,,.. 19.,,~!l,. it is ordered and ,;.
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PLEAS
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David E. Clapper,
Plaintiff
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....' 4248-
1"11.....................
CIVIL TERM
1995
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Rebecca M. Clapper,
Defendant
IN DIVORCE
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decreed that,. . " ,. "Davi.d .E.. .ClappeJ:, ",' ,,' "" '" ., " '" plaintiff,
and......... ,~~~!l.C:~~. ~I"..~~~.!>I?~!-"...................,..,..., 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;
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.., rN,c.QijpORATE, MARRIAGE, SE.TTLE~IENT, AGREEMENT.. .. "" "" "..,.",..
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III
David E. Clapper,
Plaintiff
IN WE CCXJRT OF CCMo1ON PLEAS OF
CUMBERLAND COUNI'Y, PENNSYLVANIA
NO. 4248
CIVIL
19 95
V6.
Rebecca M. Clapper,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the fallowing information. to the court
for entry of a divorce decree:
1. Grounds for divorce: irretrievable breakd~n under Section 3301 (c)
Nlfl! f.NYl!)/ of the Divorce Code. (Strike out inapplicable section)
2. Date and manner of service of the canplaint: Certified Mail, return
receipt requested on August 16, 1995.
3. Canplete either Paragraph A. or B.
" ~
A. Da~e of execution of the affidavit of consent required by Section
3301 (c) of the Divorce Code: by the plaintiff 6/10/96
by the defendant
; .., .
6/5/96
'0"
B. (1) Date of execution of the plaintiff's affidavit required by
Section 3301 (d) of the Divorce Code:
(2) Date of service of the plaintiff's affidavit upon the defendant:
4. Related claims pending: Incorporate ~Iarriage Settlement Agreement.
5. Indicate date and manner of service of the notice of intention to file
praecipe to transmit record. and attach a copy of said notice under Section
3301 (d)(l)(i) of the Divorce Code
Waiver of Notice signed by Defendant on
June 5, 1996. Waiver of Notice signed by Plaintiff on 6/10/96
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DA VID E, CLAPPER,
Pluintiff
: IN THE COURT or COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
vs.
: CIVIL ACI'ION - LAW
: NO, 95- r 1. It s> CIVIL TERM
: IN DIVORCE
REBECCA M, CLAPPEI~,
Dcfendunt
NOTICE TO DEFENI> AND CLAII\I RIGHTS
YOU HAVE BEEN SUED IN COURT, If yon wish to defcnd uguinstthc c1uims set fonh in
the following puges, yon mnst IlIkc prompt uction, Yon are wurned thut if yon fnil to do so, the cuse
muy procecd without yon 1I11llu decrcc of divorcc or unnnlmentnmy he entcred uguinst you by the Conn,
A judgmcnt may also he entered against yon for any other claim or relief reqnested in thesc pupers by
the Pluintiff, You may lose money or prnpcny or other rights imponant to you. incllllling cnstody or
visitntion of your children,
When thc gronnds for divorce is indignitics or irrctrievuhle hrenkdownof the nmrriuge, younmy
requcst nlllrringe counsclling, A list of nmrriugc connselors is uvuiluhlc in the Prothonotnry's Office nt
the Cnll1herlund Connty Connhouse. Curlisle. Pcnnsylvaniu,
IF YOU DO NOT FILE A CLAII\I FOR ALlI\IONY. DIVISION OF PROPERTY.
LAWYER'S FEES OR EXPENSES, BEFORE A mVORCE OR ANNULI\IENT IS GRANTED,
YOU MAY LOSE THE RIGHT 1'0 CLAII\1 ANY OF THEI\I.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW 1'0 FIND OUT WHERE YOU CAN (JET LEGAL HELP.
coun Administrutor - rllurth rloor
Cumherlallll County Connhousc
Gtrlislc. Pcnnsylvuniu 17013
Telephone (717) 240-6200
Jumes J, Knyer, Esquirc
Attorncy for Plnintiff
Liheny Loft
4 Enst Liheny A Vl'nue
Curlislc.PA 17013
(717) 243-7922
DA VID E, CLAPPER.
Pluintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: CIVIL ACrJON - LA W
: NO, 95 CIVIL TERM
REBECCA M, CLAPPER.
Dcfendunt
: IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION 3JOl{c) OF THE DIVORCE CODE
COMES NOW, Pluintiff DA VID E, CLAPPER, throngh his Ullnntey, James J, Kuyer, Esquire
and uvers us follows:
COUNT I - DIVORCE
I. Plllintiff is DAVID E, CLAPPER, who resides ut 210 Opossnm Luke Roud, Curlisle,
Cnmberluml County, Peunsylvuniu 17013,
2, Defendunt is REBECCA M, CLAPPER, whose resides ut 17 E, Pomfret Street, Carlisle,
CU1l1berlund County, Peunsylvuniu 17013,
3, Pluintiff und Defendunt huve been bonu fide residents of the Connnouweulth for ut leas!
six months i1l1111ediutely previous to the filing of this Compluint,
4, TIle Pluintiff uud Dcfeudunt lire married by vinue of common law murriuge occurring on
or uoout Decembcr 15. 1983,
5, ll1ere have bcen no prior uctions of divorcc filed in this muller,
6, Pluintiff aud Defendunt lire not members of thc United Stutes Anned Forces,
7, TIle murriage is irrclrievllbly brokcn, und thc punics urc procccding undcr Scction 330 I (c)
of the Divorce Code,
""
WHEREFORE. Plaintiff requests the coun to enter u decree of divorce,
Respectfully submitted,
VERIFICATION OF PLEADINGS
111e foregoing Petition is based upon infonnation which hus been gathered by DIY
counselund myself in the prepaflltion of this action, The lunguage of the Petition may in pun
be the lunguuge of my counsel und not my own, I have read the stutements Illude in this
Petition und to the extent that it is based upon informution which I have given to my counsel,
it Is tme und correct to the best of my knowledge, information und belief, To the extent that
the contents of the &1utements are that of counsel. I have relied upon counsel in making this
Verification, I understand that fulse statements herein mude ure subject to the penalties of 18
Pu,C,S,A, Section 4904, relating to unswom falsificatio
Dute:
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CERTIFICATE OF SERVICE
1 hereby certify thut a tme copy of the foregoing Notice and Complaint in Divorce wus served
on Defendl\l1t. by First class mail, postage prepaid, Cenified mail, restricted delivery, by forwurding u
true l\I1d correct copy unto:
Rebec:cu M. Clapper
17 E. Pomfret Street
Carlisle, PA 17013
Dated: f/j-t
,1995
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO, 95-4248 CIVIL TERM
DA VID E, CLAPPER.
Plaintiff
REBECCA M, CLAPPER,
Defendunt
: IN DIVORCE
AFFIDAVIT OF SERVICE BY MAIL
PURSUANT TO PH, R.C.P. 1920,4(al(1)(iI)
COMMONWEALTH OF PENNSYLVANIA
: SS,
COUNTY OF CUMBERLAND
I, Jumes J, Kayer, Esquire, being duly swom uccording to law. deposes und says thut
he is the uttomey for plaintiff, DAVID E, CLAPPER, und thut he did serve a true lII1d correct
copy of the Complaint in Divorce that was filed in the ubove mutter, by U,S, Mail, po~1age
prepaid, cenified delivery, retum receipt requested, unto the Defendunt, REBECCA M,
CLAPPER on August 16, 1995, ll1e receipt form is uttuched hereto as Exhibit "A",
4'-:1 ..
JU1l1i J. ~u~e'r. &; uire
Swom to und subscribed before me this c:2 j 1St- duy 0~'1995,
--- ~ SV)('Jv,
Notary Public
NOTARIAL SEAL
DENISE SNIDER. ND1ARY PUBLIC
CARLISLE BORO, CUMBERLAND COUN1Y
MY COMMISSION EXPIRES OC1. 28, m96
Mtlllbtl, Pt""'''';' Almi.li.. ., N,tal,n
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EXIIIBIT "A"
DA VID E, CLAPPER.
Pluillliff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: CIVIL ACTION - LAW
: NO, 95-4248 CIVIL TERM
REBECCA M, CLAPPER,
Defendunt
: IN DIVORCE
AFFIDA VIT OF CONSENT
?
I. A Compluint in divorce under Section 3301(c) of the Divorce Code wu.~ filed on November
-
19. 1993,
2, The lI1urriuge of pluillliff und defendunt is irretrievably broken und ninety duys have elapsed
from the date of filing the Compluint,
3, I consent to the entry of u filUlI decree of divorce,
4, I understund that Imuy lose rights concerning ulimony. division of propeny, luwyer's fees or
, .
expenses if I do not claim them before a divorce is granted,
r ~erify thut the statements made in this affidavit ure tme and correct. I understand that fulse
.
stutements herein are made subject to the penulties of 18 Pu, C.S, section 4904 relating to unsworn
falsification to uuthorities,
DatJ Ir7f?~ jt'N0
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REBECCA M. CLAPPER
"114-
Sworn to and subscribed before me this.5 day of June, I
LJltt1lA'Cl Lrt,,-,,-'e.~
Notury Public
OO~Jn"cl n ~otatlc1' Selll
,. .C~I:,sk! Bo'to ~~k~',!: Notary Pubt
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MON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
vs,
: CIVIL ACTION - LAW
: NO, 95-4248 CIVIL TERM
REBECCA M, CLAPPER,
Defendulll
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE
UNDER !i 3301(c) OF THE DIVORCE CODE
I. I consent to the entry of u finul decree of divorce withont notice,
2, I understund that I may lose rights concerning ulimony. division of property, lawyer's fees or
expenses if I do not claim them before a divorce is gmnted,
3, I understund that I will not be divorced untilu divorce decree is entered by the Coun and that
a copy of the decree will be sent to me immediutely after it is filed with the prothonotary,
I verify that the stutements made in this affiduvit are tme and correct. I understand that false
statements ~herein life mude subject to the penalties of 18 Pu, C,S, ~ 4904 reluting to unsworn fulsification
to uuthorities,
DA-Pf6, jf/Il~
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REBECCA M. CLAPPER
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DA VID E, CLAPPER,
Pluintiff
: 111I THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
vs,
: CIVIL ACTION - LAW
: NO, 95-4248 CIVIL TERM
REBECCA M, CLAPPER.
Defcndant
: IN DIVORCE
AFFIDA VIT OF CONSENT
?
I
\, A Complaint in divorce under Section 330 I (c) of the Divorce Code was filed on November
19,1993,
2, ll1e marriage of pluintiff und defendant is irretrievubly broken und ninety days huve elapsed
from the dute of filing the Compluint,
3, I consent to the elllry of u filllll decree of divorce,
4. I understund thut I may lose rights cC\f1ceming ulimony, division of propeny, luwyel's fees or
expenses if I do not claim them before u divorce is grunted,
1 verify thut the ~1atements 1l1ude in chis uffiduvit ure tme und correct, I understand that false
statements herein ure made subject to the penu1ties of 18 I'u, C,S, section 4904 reluting to unswom
falsification to uuthorities,
Date: 1- 1'0 - (t &
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Swom to and subscribed before me this ff) - duy of June, 1996,
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Noti1ri.11 Sp:11 .
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DA VID E, CLAPPER,
Pluintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: CIVIL ACTION - LAW
: NO, 95-4248 CIVIL TERM
REBECCA M, CLAPPER.
Dcfendunt
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE
UNDER & 330((c) OF THE DIVORCE CODE
I, I consent to the entry of a finul decree of divorce without notice,
2, I understllnd that I muy lose rights concerning ulimony, division of propeny, luwyer's fees or
expenses if I do not cluim them before a divorce is grunted,
3, I understand that I will not be divorced until a divorce decree is entered by the Coun und that
a copy of the decree will be sent to me immediately ufter it is filed with the prothonotary,
I verify thut the !o1utemellls mude in this uffiduvit ure tme and correCl, I understl\l1d that false
statements herein are made subject to the penulties of 18 Pa, C,S, ~ 4904 relating to unsworn falsificution
to uuthorities.
DATE: ~ -10 -P?
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