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* IN THE COURT OF COMMON PLEAS S
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* OF CUMBERLAND COUNTY ~
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* ,loLl 8
* STATE OF ~~ PENNSYLVANIA I
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* CHRISTOPHER R, LEADER." 8
8' No,. 2494...... 1996 8
8 Plaint if f .
8 Voro"., 8
. GAIL M, LEADER 8
8 Defendant 8
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! DECREE IN .
~ DIVORCE g
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~ AND NOW, .... \)~,....,..,.., 19,...." it is ordered and 8
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'" decreed that,. Pl~q1;q~II~~,~, .J:E~Ji:~.."..,.",.,..,.,.",..,. p aintiff,
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6 and. , . .. .. , , , .. GA~~, M:. !.E~~~, .... , . . .. . . . .. , . . . . , . , . , , , . . . " defendant, '
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. 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; NONE
THIS AGREEMENT OF DECEMBER 19. 1996. [S HEREBY J.NCORPORATEO INTO THE FINAL
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,DIVORCE. DECREE.,..
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SEP~TXON AND PROPERTY SETTLEMENT ~GREEMENT
THIS AGREEMENT, made this lct~\......day o:1Jc.ot\\Der , 1996,
by and between GAIL M. LEADER, hereinafter referred to as "Wife",
and CHRISTOPHER R. LEJWER, hereinafter referred to AB "Husband".
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on July 2,
19871 and
WHEREAS, certain differences have arisen between the pnrties
as a result of which they have separated and now live separate and
ftpart from one another, and are desirous, therefore, of entering
into an Agreement which will provide for support, distribute their
m~rital property, and will provide for their mutual
responsibilities and rights growing out of the marriage
relationship 1 and
WHEREAS, the parties hereto, ~fter being properly advised by
their reBpective counsel, Husband, by his attorney, Francis M.
Socha, and Wife by her attorney, Thomas D. Gould, have come to the
following agxeement.
NOW, THEREtORE, in consideration of the above recitals and the
following covenants and promis{ls mutual;,y made and mutually to be
kept, the partieB heretofore, iatending to be legally bound and to
logally bind their heirB, Buccessors and assigns theroby, covenant,
promise and agree as follOWJ:
1. SEPARATION:
It shall be lawful for each party at all times hereafter
to live separate and apart from the other at such place or places
as he or she may from time to time choose or de'ilm fit.
2. INTERFERENCE:
Each party shall be free from interference, authority and
contact by the other, as fully as if he or she were single and
unmarried, except as may be necessary to carry out the provisions
of this Agreement. Neither party shall molest the other 110r
attempt to endeavor to molest the other, nor compel the other to
cohabit with the other, nor in any way harass or mali.gn the other,
nor in any way interfere with the peaceful existence, separate and
.
apart trom the other in all respects as it he or she were single
and unmarried.
J. WIPErs DEBTS:
Wife represents and warrants to Husband that since their
separation on May 9, 1996, Ihe has not, and in the tuture she will
not, contract or incur any debt or liability tor which Husband or
hil estate might be responsible and shall indemnity and eave
Husband harmless trom any and all claims or demands made against
him by reason ot debts or obligations incurred by her.
4. HUSBAND'S DEBTS:
Husband represents and warrants to Wite that since their
separation on May 9, 1996, 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 Wife
harmless from any and all claims or demands made against her by
reason of debts or obligations incurred by him.
5. OUTSTANDING JOINT DEBTS:
Husband and Wife acknowledge and agree that they have no
outstanding debts and obligations of the Husband and Wife incurred
prior to the signing of this Agreement, except as follows:
a. Members lst Federal Credit Union loan, Account
.154650 in the approximate balance of $7,900.00
b. Postmark Credit Union, Account .5164, principal
balances in the amount of $5,567.00 and $11,521.46.
The parties agree that Wife shall assume the
responsibility tor paying the loan to Members 1st Federal Credit
union and Husband shall assume responsibility for paying the loans
to the Postmark Credit Union.
The parties agree to indemnify and hold each other
harmless trom and all claims and demands made against the either
party by reason of the assumption of the debts and obligations as
set forth in Paragraph 5.
Both parties agree to use their best efforts to rsfinance
the loans in Paragraph 5(a) and (b) in order to secure the release
of the party not assuming the respective loan.
2
.
6 . MUTUAL RELEASE:
Subject to the provisions of this Agreement, each party
waives his or her right to alimony and any further distribution of
property inasmuch as the partiBs hereto agree that this Agreement
provides for an equitable distribution of their marital property in
accordance with the Divorce Code of 1980, aB amended. Subject to
the proviBions of this Agreement, each party has released and
discharged, and by this Agreement does for himself or herself, and
hiB or her heirs, legal representatives, executors, administrators
and assignB, release and diBcharge the other of and from all causes
of action, claimB, 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
in any or all causes of action for breach of any provisions of this
Agreement. Each party also waives his or her right to request
marital counseling purBuant to Section 202 of the Divorce Code.
7. EOUITABLE DISTRIBUTION OF MARITAL PROPERTY:
The parties have attempted to distribute their marital
property in a manner which confirms to the criteria set forth in
Section 40 1 of the Pennsylvania Divorce Code, and taking into
account the following considerations: the length of the marriage;
the age, health, station, amount and sources of income, vocational
skills, employability, estate, liabilities and needs of each of the
parties; the contribution of each party to the education, training
or increased earning power of the other party; the opportunity of
each party for future acquisitions of capital assets and income;
the sources of income of both parties, including but not limi tad to
medical, retirement, insurance or other benefits; the contribution
or dissipation of each party in the acquisition, preservation,
depreciation or appreciation of the marital property, including the
contribution of each spouse as a homemaker; the value of the
property set apart to each party; the standard of living of the
parties established during the marriage; and the economic
circumstances of each party at the time the division of property is
to become effective.
The division of existing marital property is not intended
by the parties to constitute in any way a sale or exchange of
assets, funds or other property not constituting marital property.
The division of property under this Agreement shall be in full
satisfaction of all marital rights of the parties.
A. DISTRIBUTION OF PERSONAL PROPERTY:
The parties hereto mutually agree that they have effected
a satisfactory division of the furniture, household furnishings,
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appliances, and other household personal property between them, and
they mutually agree that each party shall from and after the date
hereof be the sole and separate owner of all such tangible personal
property presently in his or her pOBsession.
The parties hereto have divided between themselves, to
their mutual satisfaction, all items of tangible and intangible
marital property. Neither party shall make any claim to any such
items of marital property, or of the separate personal property of
either party, which are now in the possession and/or under the
control of the other. Should it become necessary, the parties each
agree to sign, upon request, any titles or documents necessary to
give effect to this paragraph. Property shall be deemed to be in
the possession or under the control of either party if, in the case
of tangible personal prop.}rty, the item is physically in the
possession or control of the party at the time of the signing of
this Agreement and, in the Cdse of intangible personal property, if
any physical or written evidence of ownership, such as paBsbook,
checkbook, policy or certificate of insurance or other similar
writing is in the possession or control of the party. Husband and
Wife shall each be deemed to be in the possession and control of
his or her own individual pension or other employee benefit plans
or retirement benefits of any nature with the exception of Social
Security benefits to which either party may have a vested or
contingent right or interest at the time of the signing of this
Agreement, and neither will make any claim against the other for
any interest in such benefits.
From and after the date of the signing of this Agreement,
both parties shall have complete freedom of disposition as to
his/her separate property and any property which is in their
pOBsession or control pursuant to this Agreement and may mortgage,
sell, grant, convey, or otherwise encumber or dispose of such
property, whether real or personal, whether such property was
acquired before, during or after marriage, and neither Husband nor
Wife need join in, consent to, or acknowledge any deed, mortgage,
or other instrument of the other pertaining to such disposition of
property.
B. MARITAL HOME:
The parties own, as tenants by the entireties, improved
real property located at 304 James Street, Mechanicsburg,
Cumberland County, Pennsylvania. The parties agree that they will
sell the marital residence at a price mutually agreed upon.
proceeds
agreeing
Husband shall receive the first $2,000.00 of
from the sale of the marital home with the
to split the remaining net proceeds equally.
the net
parties
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9. MOTOR VEHICLES:
With respect to the motor vehicles owned by one or both
of the parties, they agree as follows:
(a) The 1988 Dodge Caravan shall become the sole and
exclusive property of Wife. The title to the Baid
motor vehicle shall be executed by the parties, if
appropriate, for effecting tran3fer as herein
provided, on the date of execution of this
Agreement and the said executed title shall be
delivered to the proper parties on the distribution
date.
(b) The 1993 Dodge Dakota Sport shall become the sole
and exclusive property of Husband.
9 . CUSTOlU..L
The parties shall share legal custody of their minor
child, Spencer Leader, born November 12, 1987. Both Wife and
Husband Bhall have full access to all information concerning the
minor child including, but not limited to; medical information,
educational information, counBelors, teachers, etc. Both parents
shall be informed of important medical, educational, religious and
other matters affecting the minor child and shall have input into
decisions affecting such matters.
The parties shall have equal shared physical custody of
the minor child. Such alternate custody shall be on a week-to-week
basis commencing at 5:00 p.m. on Sunday with alternate parent and
concluding at 5:00 p.m. the following Sunday. The parties shall
mutually agree to visitation on holidays and birthdays.
The parties agree that they shall alternate naming the
minor child as a tax deduction on a year-to-ye^r baBis. They
further agree to execute all IRS documents necessary to confirm
such agreement.
10. PENSION PLAN:
Parties release any interest in the opposite spouse's
Pension accumulated during the course of their marriage.
5
11. COUNSEL FEES AND EXPENSES:
Busband and Wife acknowledge and agree that the
provisions of this Agreement providing for the equitable
distribution of marital property of the parties are fair, adequate
and satisfactory to them. Both parties agree to accept the
provisions set forth in this Agreement in lieu of and in full and
final settlement and satisfaction of all claims and demands that
either may now or hereafter have against the other for alimony
pendente lite, counsel fees or expenses or any other provisions for
their support and maintenance before, during and after the
commencement of any proceedings for divorce or annulment between
the parties.
12. INCOME TAX RETURNS:
The parties have heretofore filed joint federal and state
tax returns. The parties agree that for 1996 and all subsequent
tax years, they shall filed individual returns. Both parties agree
that in the event any deficiency in federal, state or local income
tax is proposed, or any assessment of any such tax is made against
either of them, each will indemnify and hold harmless the other
from and against any loss or liability for any such tax deficiency
or assessment and any interest, penalty and expense incurred in
connection therewith. Such tax, interest, penalty or expense shall
be paid solely and entirely by the individual who is finally
determined to be the cause of the misrepresentations or failures to
disclose the nature and extent of his or her separate income on the
aforesaid joint returns.
13. WAIVERS OF CLAIMS AGAINST ESTATES:
Except as herein otherwise provided, each party may
dispose of his or her property in any way, and each party hereby
waives and relinquishes any and all rights he or she may now have
or hereafter acquire, under the present or future laws of any
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 take against the
will of the other, and right to act as administrator or executor of
the other's estate. Each will, at the request of the other,
execute, acknowledge and deliver any and all instruments which may
be necessary or advisable to carry into effect this mutual waiver
and relinquishment of all such interests, rights and claims.
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14. SUBSEOUENT DIVORCE:
Husband has filed a no-fault complaint in divorce against
Wife. Husband and Wife each agree to sign an affidavit of consent
to be filed in Baid divorce action. The parties further agree that
each party will be responsible for their respective attorney's
fees. In the event such divorce action is concluded, the parties
shall be bound by all the terms of this Agr.eement which may be
incorporated by referenced into the Divorce Decree, shall not be
merged in such Decree, and shall not be modified, but shall in all
respects survive the same and be further binding and concluBive
upon the parties.
It is the intention of the parties that the Agreement
shall survive any action for divorce which may be instituted or
prosecuted by either party and no order, judgment or decree of
divorce, temporary, final or permanent, shall affect or modify the
financial terms of this Agreement. This Agreement may be
incorporated in but shall not merge into any such judgment or
decree of final divorce, but shall be incorporated for the purposes
of enforcement only.
15. BREACH AND ENFORCEMENT:
If either party breaches any prov~s~on 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
rolief as may be available to him or her, and the party breaching
this Agreement should be responsible for payment of legal fees and
COBts incurred by the other in enforcing his or her rights under
this Agreement.
A. It is expressly understood and agreed by and b~tween the
parties hereto that this Agreement may be specifically enfor.ced by
either HUBband or Wife in Equity, and the parties hereto agree that
if an action to enforce this Agreement is brought in Equity by
either party, the other party will make no objection on the alleged
ground of lack of jurisdiction of said Court on the ground that
thBre is an adequate remedy at law. The parties do not intend or
purport hereby to improperly confer jurisdiction on a Court in
Equity by this Agreement, but they agree as provided herein for the
forum of equity in mutual recognition of the present state of the
law, and in recognition of the general jurisdiction of Courts in
Equity over agreements such as this one.
B. Notwithstanding anything to the contrary herein, Husband
and Wife may also proceed with an action at law for redress of his
or her rights under the terms of this Agreement, and in such event
it is specifically understood and agreed that for and in specific
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consideration of the other previsions and covenants of this
Agreement, each shall waive any right to a jury trial so as to
expedite the hearing and disposition of such case and so as to
avoid delay.
C. Each party further hereby agrees to pay and to save and
hold harmlesB the other party from any and all attorney's fees and
costs of litigation that either may sustain, or incur or become
liable for, in any way whatsoever, or shall pay upon, or in
consequence of any default or breach by the other of any of their
terms or provisions of this Agreement by reason of which either
party shall be obliged to retain or engage counsel to initiate or
maintain or defend proceedings against the other at law or equi.ty
or both in any way whatBoever; provided that the party seeks to
recover such attorney's fees, and costs of litigation must first be
successful in whole or in part, before there would be any liability
for attorney's fees and costs of litigation. It is the specific
agreement and intent of the parties that a breaching or wrongdoing
party ~hall bear the burden and obligation of any and all costs and
expenBes and counsel fees incurred by himself or herBslf as well as
the other party in endeavoring to protect and enforce his or her
rights under this Agreement.
16. ADDITIONAL INSTRUMENTS:
Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other
party any and all further instruments that may be reasonably
required to give full force and effect to the provisionB of this
Agreement.
17. VOLUNTARY EXECUTION:
The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective
counsel, and each party acknowledges that the Agreement is fair and
equitable, that it is being entered into voluntarily, with full
knowledge of the assets of both parties, and that it is not the
result of any duress or undue influence. The parties acknowledge
that they have been furnishBd with all information relating to the
financial affairs of the other which has been requested by ,each of
them or by their respective counsel.
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18. ENTIRE AGREEMENT:
This Agreement containB the entire understanding of the
parties and there are no representations, warranties, covenants or
undertakings other than those expressly set forth herein. Husband
and Wife acknowledge and agree that the provisions of this
Agreement with respect to the distribution and division of marital
and Beparate property are fair, equitable and satisfactory to them
based on the length of their marriage and other relevant factors
which have been taken into consideration by the parties. Both
parties hereby accept the provisions of this Agreement with reBpect
to the division of property in lieu of and in full and final
settlement and satisfaction of all claims and demands that they may
now have or hereafter have against the other for equitable
distribution of their property by any court of competent
juriBdiction pursuant to Section 401(d) of the Divorce Code or any
other laws. Husband and wife each voluntarily and intelligently
waive and relinquish any right to seek a court ordered
determination and diBtribution of marital property, but nothing
herein contained shall constitute a waiv~r by either party of any
rights to seek the relief of any court for the purpose of enforcing
the provisions of this Agreement.
19. DISCLOSURE:
Husband and wife each represent and warrant to the other
that he or she has made a full and complete dieclosure to the other
party of all assets of any nature whatsoever in which such party
has an interest, the sources and amount of the income of such party
or every type whatsoever and of all other facts relating to the
subject matter of this Agreement.
The partieB hereto acknowledge that they were aware of
their right to pursue discovery, including issuing interrogatories,
and with this knowledge, they parties have waived their right to
undertake discovery.
20. MODIFICATION AND WAIVER:
A modification or waiver of any of the provisions of this
Agreement 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 perfo~nce of any of the provisions of
this Agreement shall not be construed as a waiver of any subsequent
defaul t of the same or similar nature.
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21. PRIOR AGREEMENT:
It is understood and agreed that any and all property
lettlement agreements which mayor have been executBd prior to the
date and time of thia Agreement are null and void and of no effect.
22. DESCRIPTIVE HEADINGS:
only.
rights
The descriptive headings used herein are for convenience
They shall have no effect whatsoever in determining the
or obligations of the parties.
23. 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 Beparate and independent covenant and agreement.
24. APPLICABLE LAW:
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
25. 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 thia Agreement shall be valid and continue in full force,
effect and operation.
26. AGREEMENT BINDING ON HEIRS:
This Agreement shall be binding and shall inure
benefit of the parties hereto and their respective
executors, administrators, successors, and assigns.
to the
heirs,
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CHRISTOPHER R. LEADER : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA
:
v. : NO. 96-2494 Civil Term
:
GAIL M. LEADER : CIVIL ACTION - LAW
Defendant IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
TranBmit the record, togdther with the following
information, to the court for entry of a divorce degree:
1. Ground for divorce: Irretrievable breakdown under
.ection 330l(c) of the divorce code.
2. Date and manner of service of the complaint:
May 7, 1996 - CERTIFIED MAIL
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the Affidavit Of Consent
required by Section 330l(c) of the Divorce Code: by the
Plaintiff: December 19, 1996; by the Defendant: November 22,
1996.
(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: N
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CHRISTOPHER R. LEADER I IN THE COURT OF COMMON PLEAS
Plaintiff I CUMBERLAND COUNTY PENNSYLVANIA
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v. I NO. 96-2494 Civil Term
I
GAIL M. LEADER I CIVIL ACTION - LAW
Defendant I IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under section 3301C of the
divorce Code was filed May 7, 1996,
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days hav~ elapsed from the
date of the filing of this Complaint.
3. I consent to the entry of a Final Decree in Divorce.
4. I underBtand 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 understand I may request that the Court require my
.pouse and I to participate in marriage counseling, being so
advised, I do not request that the Court require my spouBe and I
to participate in marriage counseling.
I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4904, relating to unBworn
falBification to authorities.
DATE: ~2 \ ly \q V
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~TOPHER R. LEADER
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CHRISTOPHER R. LEADER I IN THE COURT OF COMMON PLEAS
Plaintiff I CUMBERLAND COUNTY PENNSYLVAlIIA
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v. I NO. 96-2494 civil Term
.
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GAIL M. LEADER . CIVIL ACTION - LAW
.
Defendant IN DIVORCE
WAIVER 0' NOTICE 0' INTENTION
TO REQUEST ENTRY 0' A DIVORCE DECREE
UlDER 3301(c) 0' THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce
without notice.
2. I underBtand that I may lOBe rightB concerning alimony,
division of property, lawyer'B fBes or expenseB if I do not claim
them before a divorce is granted.
3. 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 Btatements made in this affidavit are true
and correct. I understand that falBe BtatementB herein are made
subject to the penaltieB of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Datel \L. - \C\ - Cil;
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OPHER R. LEADER
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CHRISTOPHER R. LEADER I IN THE COURT OF COMMON PLEAS
Plaintiff I CUMBERLAND COUNTY PENNSYLVANIA
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v. I NO. 96-2494 Civil Term
GAIL M. LEADER CIVIL ACTION - LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under Section 3301c of the
divorce Code was filed May 7, 1996.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from the
date of the filing of thiB Complaint.
3. I consent to the entry of a Final Decree in Divorce.
4. I understand that I may lose rights concerning alimony,
diviBion of property, lawyer's fees, or expenses if I do not
claim them before a divorce is granted.
5. I understand I may request that the Court require my
BpouBe and I to participate in marriage counseling, being so
advised, I do not request that the Court require my Bpouse and I
to participate in mar.riage counseling.
I underBtand that falBe statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4904, relating to unBwora
falBification to authorities.
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DATE I /: .
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GAIL '~~ LEADER i :,111 L._ .
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CHRISTOPHER R. LEADER I IN THE COURT OF COMMON PLEAS
Plaintiff I CUMBERLAND COUNTY PENNSYLVANIA
I
v. I NO. 96-2494 civil Term
I
GAIL M. LEADER I CIVIL ACTION - LAW
Defendant I IN DIVORCE
"AI\~R OF NOTICI OF INTINTION
TO REQUIST INTRY OF A DIVORCE OICRII
UNOIR 3301(0) OF THI OIVORCI COOl
1. I consent to the entry of a final decree of divorce
without notice.
2. I underBtand that I may lose rightB concerning alimony,
division of property, lawyer's fees or expenseB if I do not claim
them before a divorce iB granted.
3. 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 immediatBly after it is filed with the
prothonotary.
I verify that the statements made in thiB affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Datel / /
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GAIL M. LEADER
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