HomeMy WebLinkAbout95-05297
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF . PENNA.
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LORI RAE CLoppeR
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Pla~ntiff
i'\ o. 95-52.97... C.~Y~L. 19 95
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SCOTT ALAN CLOPPER
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Defendant
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DECREE IN
DIVORCE
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AND NOW, .. .~ ~. ~~~ .".\. .. .. . . . .. . " 19.<i .$.., it is ordered and
decreed that. . .Lori. .Rae. C.l.opper. . . . . . . . . . . . . . .. . . . . . . . . . . . " plaintiff,
and. . . . . .sco.tt. AI.an. C.lo!>l'er. . . . . . .. . . . . . . .. .. . . . . . . . . . . . '. 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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. The Marriage .Settlemen.tAgre.ement.. . da.ted. ~a.11ua1-"Y. .39 ,. J~~~... .
is .at.tached .hereto and. is. herehy.. inc.orpor.atli'd. .into. .this. .oecre-e.
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2.
The parties have allempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be final and shall forever detennine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
3.
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or inlerfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other.
4.
The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admilled by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she,
respectively:
2
(I) is represented by counsel of his or her own choosing;
(2) is fully and completely informed of the facts relating to the subject matter of
this Agreement and of the rights and liabilities of the parties;
(3) enters into this Agreement voluntarily after receiving the advice of counsel;
(4) has given careful and mature thought to the making of this Agreement;
(S) has carefully read each provision of this Agreement; and
(6) fully and complelely underslands each provision of this Agreement, both as to
the subject matter and legal effect.
This Agreement shall become effective immediately as of the date of execution.
S.
It is the purpose and intent of this Agreement 10 settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that conforms to
a just and fair standard, with due regard to the rights of each Party. The division of existing
Marital Property is not intended by the parties to conslitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate.
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
3
6.
Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mongage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any propeny is subject. Each party
funher represents that he or she has made a full and fair disclosure of all debts and obligations of
any nature for which he or she is currently liable or may become liable. Each further represents
and warrants that he or she has not made any gifts or transfers for inadequate consideration of
Marital Property without the prior consent of Ihe olher.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage.
7.
REAL EST m: The parties do not own any real estate.
8.
SPOUSAL SUPPORT AND ALIMONY: It is the mutual desire of the parties that
HUSBAND will not be required to pay suppon to the WIFE. WIFE will not provide any
financial suppon to the HUSBAND. The parties also waive any right they have to receive
alimony payments from the olher following the enlry of the Divorce Decree in this matter except
as provided in this paragraph.
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9.
TV: The parties agree that the personal property shall be divided
as follows:
a. WIFE shall receive all the personal property in her possession.
b. HUSBAND shall receive all the personal property in his possession.
The WIFE hereby waives all right and title which she may have in any personal property of
the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property
of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any
claim or right of the other party, all items of personal property of every kind, nature and
description and wherever situated, which are then owned or held by or which may hereafter
belong to the HUSBAND or WIFE 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 ifhe or she were unmarried.
Each party agrees that neither will incur obligations, liens or liabilities on account of the
other and that from the date of this Agreement, neither party shall contract or incur obligations,
liens or any liability whatsoever on account of the other.
10.
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a. WIFE agrees to waive any and all interest which she may have in
any and all automobiles of HUSBAND; and
b. HUSBAND agrees to waive any and all interest which he may have in
and sIlautomobiles ofWlFE. They each waive any claim which
they have in any automobiles owned by the other party,
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II.
Mi\IYTAL DEBTS: Each pany will be responsible for their own debts incurred after the
date of separation. HUSBAND has assumed responsibility for the Mortgage on the real estate
and for all responsibility for State and Federal tax obligations. HUSBAND agrees to hold
harmless WIFE from all responsibility for said loan and indemnify her if she is forced to pay any
sum toward the marital debt or the State and Federal taxes owed pursuant to the period of time
the panies were married.
12.
INSURANCE AND EMPLOYEE BENEFITS: The panies agree that any life
insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including
but not limited to retirement, profit sharing or medical benefits of either party, shall be their own.
WIFE waives all right, title and claim to HUSBAND'S employee benefils, and HUSBAND waives
all right, title, and claim to any of WIFE'S employee benefits.
13.
BENEFITS AND BANK ACCOUNT~: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of
the WIFE.
14
WIFE agrees to pay to HUSBAND Ihe sum of Two
Hundred and nolloo (5200.00) Dollars toward his legal expenses.
6
IS.
~: The panies both agree to cooperate with each other in oblaining a final
divorce of the marriage. It is agreed that the panies will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the pany who is seeking the divorce.
16.
DBJ:ACH: If either party breaches any provisions 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 pany breaching this contract should
be responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
17.
ADDITIONAL INSTRUMENT~: Each of the panies shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other pany any and all funher
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
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The provisions of this Agreement and their legal effect
have been fully explained to the panies by their respective counsel, and each party acknowledges
that the Agreement is fair and equitable, and that it is being entered into voluntari1y, and that it is
not the result of any duress or undue influence. The provisions of this Agreement are fully
understood by both panies and each pany acknowledges that the Agreement is fair and equitable,
7
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNlY OF CUMBERLAND
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PERSONALLY APPEARED BEFORE ME, this ~day of ~"~III1"'A '
1998, a Notary Public, in and for the Commonweallh of PeMsylvania and County of Culriberland,
LORI RAE CLOPPER, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Marriage Settlemenl Agreement, and acknowledges thaI she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
NoIar1al Seal
Mattha L. Noel. Notary PublIC
CaIliIlI Boro. Cumbell&ncl County
My Commllllon Explree Sept. 1 a, 1 Me
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COMMONWEALTH OF PENNSYLVANIA
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COUNlY OF CUMBERLAND
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PERSONALLY APPEARED BEFORE ME, this {p 'fI" day ofr/e...L LA.. ~ '
1998, a Notary Public, in and for the Commonwealth of PeMsylvania and County of Cumb~d,
SCOTT ALAN CLOPPER, known to me (or satisfactorily proven) to be the person whose name
is subscribed to the wilhin Marriage Settlemenl Agreement , and acknowledges that he execuled
the same for the purposes therein conlained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY.
: PENNSYLVANIA
: QS-SJ.Q7
: NO. CIVIL TERM
LORI RAE CLOPPER.
Plaintiff
SCOTT ALAN CLOPPER,
Defendant
: IN DIVORCE
NOTICE 1'0 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. Ajudgment may also be
entered against you for any other claim or relief requested in these papers by the
Plaintiff. You may lose money or property or other rights important to you.
including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of
the marriage. you may request marriage counseling. A list of marriage counselors
is available in the Office of the Prothonotary. Cumberland County Courthouse.
Carlisle, Pennsylvania 17013.
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.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17018
TELEPHONE: 717.240.8200
v,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
qs- 5JQ,
: NO. CML TERM
LORI RAE CLOPPER,
Plaintiff
SCOTT ALAN CLOPPER,
Defendant
: IN DIVORCE
.QQM.PLAINT UtiD..ER SECTION 3301(c) OR 3301(d)
OF THE DIVORCE CODE
1. Plaintiff is Lori Rae Clopper, who resides at USAG HQ, Box 7, Carlisle
Barracks, Cumberland County, Pennsylvania.
2. Defendant is Scott Alan Clopper, who resides at 561 Pine Road,
Carlisle, Cumberland County, Pennsylvania.
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. The Plaintiff and Defendant were married on August 5, 1995, in
Carlisle, Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between
the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available and that
Plaintiff may have the right to request that the Court require the parties to
participate in counseling.
8. The Plaintiff is a member of the United States Army.
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: NO. 95-5297 CIVIL TERM
SCOTI ALAN CLOPPER,
Defendant
: IN DIVORCE
Af'fIDA VIT Of CONSENT
1. A Complaint in Divorce under the Divorce code was filed on October 4, 1995,
on the grounds that the marriage of the parties is irretrievably broken.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have ejapsed from the dale of filing the Complaint.
3. I consent to the entry of a final decree of divorce.
4. I undersland that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do nol claim them before a divorce is granled,
In addition, I specifically acknowledge that a full and final settlement of all
property and other rights of the parties has been entered between the Plaintiff and
Defendant by a Marital Seulement Agreement.
I verify thai the stalements made in the Affidavil are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. A
4904 relating to unsworn falsification 10 aUlhorilies.
Date: rAJo.nC)f3
,R f(~L~r
LORI RAE CLOPPER
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LORI RAE CWPPER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
.
.
95-5297 CIVIL TERM
scon ALAN CWPPER,
Defendant
IN DIVORCE
Af1lPA VI1 OF CQNSENT AND
WAIVER OF NOTICE OF INTENTIQN TO REO~ST
may OF A DJVORCE DECREE UNDER
~ECTIO~ 33011d OF THE DIVORCE COQE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 4, 1995,
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing of the Complaint.
3. I consent to the entry of a final Decree of Divorce without notice.
4, I understand that I may lose rights concerning alimony, division of property. lawyer's
fees or expenses ifl do not claim them before a divorce is granted.
5. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C,S, Section 4904 relating to
unsworn falsification to authorities,
Date: , ).... _ ,)..It
,1996
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scon ALAN CLO PER
Defendant
LORI RAE CWPPER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION. LAW
.
.
95-5297 CIVIL TERM
scon ALAN CWPPER,
Defendant
IN DIVORCE
DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT
The defendant, being duly sworn according to law, deposes and says:
1. 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.
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa, C.S. Section 4904, relating to
unsworn falsification to authorities.
Date:
\. ,. d...~ ,1996
~I~i\!~^
con A N PPER
LORI RAE CLOPPER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
95-5297 CIVIL
SCOTT ALAN CLOPPER,
Defendant
IN DIVORCE
AND NOW, this
ORDER OF COURT
2.(. "fl., day of November, 1997, upon consideration of Plain tilT's
praecipe to transmit record, and it appearing that Plaintiffs affidavit under Section 3301(d) of
the Divorce Code and PlaintilT's notice of intention to request entry of divorce decree were
served simultaneously, in contravention of the holding in Burdick v. Burdick, 41 Cumberland
L.J. 64 (1991) (Bayley, J.), a divorce decree will not be entered at this time, without prejudice to
the parties' rights to correct the deficiency and submit a new praecipe to transmit.
BY THE COURT,
Samuel W. Milkes, Esquire
52 E. High Street
Carlisle, PA 17013
PlaintilT's Attorney
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Marcus A. McKnight, 111, Esquire
60 W. Pomfret Street
Carlisle, PA 17013
Defendant's Attorney
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LORI RAE CLOPPER,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 95-5297 CML TERM
SCOTT ALAN CLOPPER
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 the divorce is irretrievable breakdown under Section 3301(d)(1))
of the Divorce Code.
2. The Divorce Complaint was served by first-class U.S. mail, restricted
delivery, return receipt requested on October 11, 1995, and the return receipt card was
signed by the Defendant, Scott Allen Clopper, on October 12, 1995.
3. Date of execution of the affidavit required by Section 3301(d) of the Divorce
Code is October 14, 1997; date of filing and service of the plaintiff's affidavit upon the
respondent October 31, 1997.
4. There are no related claims pending.
5. On October 31, 1997, the Notice of Intention to Request Entry of Section
3301(d) Divorce Decree, was served upon Defendant, by U.S. Mail, firat class, postage
prepaid, a copy of which is attached.
DATE: \\\~\\~l
Respectfully submitted,
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: S uel . Milkes, Esq.
JACOBSEN & MILKES
52 East High Street
Carlisle, PA 17013
(717) 249-6427
Attorney No. 33130
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 95-5297 CML TERM
LORI RAE CLOPPER,
Plaintiff
SCOTT ALAN CLOPPER,
Defendant
: IN DIVORCE
NOTICE OF INTENTION TO REQUEST ENTRY
OF ~ 3301(d) DIVORCE DECREE
TO: Scott Allen Cloooer
You have been sued in an action for divorce. You have failed to answer the
complaint of file a counter.affidavit to the ~ 3301(d) affidavit. Therefore, on or after
November 20, 1997, the other party can request the court to enter a final decree in
divorce.
If you do not file with the prothonotary of the court an answer with your
signature notarized or verified or a counter.affidavit by the above date, the court can
enter a final decree in divorce. A counter affidavit which you may me with the
prothonotary of the court is attached to this notice.
Unless you have already tiled with the court a written claim for economic relief,
you must do so by the date in the paragraph above, or the court may grant the divorce
and you will lose forever the right to ask for economic relief. The tiling of the form
counter.affidavit alone does not protect your economic claims.
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.
COURT ADMINISTRATOR, THIRD FLOOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A 17013
TELEPHONE: 717.240-6200
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NOTICE: IF YOU DO NOT WISH TO OPPOSE TfU!: ENTRY
OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE
ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT
FILE THIS COUNTER-AFFIDAVIT.
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LORI RAE CLOPPER,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 95-5297 CML TERM
SCOTT ALAN CLOPPER,
Defendant
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Erin Pharris, hereby certify that a true and correct Notice of Intention to
Request Entry of ~ 3301(d) Divorce Decree and a Counter Affidavit Under ~ 3301(d)
of the Divorce Code in the above captioned matter were duly served upon Scott Allen
Clopper by depositing them in the U.S. Mail, on October 31, 1997, first class, postage
prepaid, addressed as follows:
Scott Allen Clopper
561 Pine Road
Carlisle, PA 17013
I hereby verify that the statements made in the foregoing are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. Section 4904, relating
to unaworn falsification to authorities.
Dated: /oJ?;/ JJlf '7
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Erin Pharris
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 95-5297 CML TERM
LORI RAE CLOPPER,
Plaintiff
SCOTT ALAN CLOPPER,
Defendant
: IN DIVORCE
CERTIE,ICATE OF SERVICE
I, Jennifer L. Coyle, hereby certify that a true and correct copy of the Complaint
under Section 3301(C) of the Divorce Code in the above-captioned matter was duly
served upon SCOTT CLOPPER, Defendant in the above-captioned matter, by
depositing it in the U.S. Mail, certified, restricted delivery, on October 11, 1995,
addressed as folIowa:
Scott Clopper
561 Pine Road
Carlisle, PA 17013
I hereby verify that the statements made in the foregoing are true and correct.
I understand that faIse statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904, relating to unsworn faIsification to authorities.
Dated: /0111 jCl.5
.
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. October 1990 .U.l.lIl'O: ,_, DOMESTIC RETURN RECEIPT
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WRI RAE CWPPER,
PLAINTIFF
: IN mE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
SCOTI ALAN CWPPER,
DEFENDANT
95-5297 CIVU.
IN DIVORCE
PRAECIPE.l:O ENTER
AN APPEARANCE
To Lawrence E. Welker, Protbonotary
Please enter my appearance on behalf of the defendant, Scott Alan Clopper, in this case.
Respectful1y submitted,
IRWIN, McKNIGHT & HUGHES
nIt Esquire
Attorney for Scott Alan Clopper
Date: October 25, 1995