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HomeMy WebLinkAbout96-02823 ~ Of'" ~ ~ ~ '-l I I r' 'ii, " ~ \, " '-w ~ ~ I I " " c ~ " I I I - .. ~ '.. I, 1V fC') '1 ... '1/ , ~ 0" I I ~ oj . MARITAL PROPIRTY AND 81TTLIKINT AORIIHINt 2( ,., ::> day of April, 1997, THIS AGREEMENT, made this by and between Laurie A. Snyder, party of the first part, here- inafter referred to as "Wife", and Harold J. Lepley, party of the aecond part, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on May 12, 1990 and separated on April 2, 1996; and WHEREAS, the parties have a child from the marriage, namely Kristin M. Lepley, O.O.B. 10/5/92; and WHEREAS, certain differences have arisen by and between the parties as a result of which they have now separated, living apart from one another, and the parties hereto are desirous of settling fully and finally their respective financial and proper- ty rights and obligations as between each other including, without ljmitation 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, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims a~d possible claims by one against the other or against their re- spective estates. "I. ~ A WHEREAS, the parties being fully advised as to their respective rights, duties and obligations growing out of their marital status, partJ.cularly with respect to the relp.vant sec- tions of the Divorce Code, Act of April 2, 1980, P.L. 63, Act No. 26, as amen~, 23 P.S. 3101 et sea., and being fully aware of their right to consult with or having consulted with their respective legal counselor advisors, namely, Andrew C. Sheely, Esquire, Attorney for Wife, and at one point, Jay R. Braderman, Esquire, Attorney for Husband, and having had the opportunity and ability to request a full and complete disclosure of income and assets from the other, and reviewing this Agreement, have come to an agreement as to each and all of their said matters of property and relations; and WHEREAS, Wife has filed a No-fault Complaint in Divorce, said complaint being docketed in t~e Cumberland county Prothonotary's Office at No. 96 - 2823. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter set forth, each of the parties hereto intending to be legally bound hereby by affixing their hands and seals agree as follows: 1. ADVICE OF COUNSEL Husband and Wife acknowledge that they have been given the opportunity to obtain the advice of counsel regarding the 2 . ~ provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel from his or her selection, and that each fully understands the facts and has been fully informed as to his her or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, and the circumstances, fair and equitable, after having the opportunity to receive such advice and with such knowledge, and that execution of this Agreement is not the result of any im- proper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has had the opportunity to be fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or pos- sessed individually by the othor, counsel fees and costs of litigation and, fully knowing the same and having the opportunity to be fully advised if his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth therein are fair, just and equitable to each of the parties, and waives his and her 3 , . respective right to have the Court of Common Pleas of Cumberland county, or any other court of competent jurisdiction, make any determination or order effecting the respective parties rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from each other in such place or places as he or she may from time to time choose fit. 3.~ Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other or their respective families, or compel or endeavor to compel the other to cohabitate or dwell with him or her, or to in any way harass or malign the other or their respective families. 4. WAIVER OF CLAIMS AGAINST ESTATES Except as otherwise provided herein, Husband relin- quishes his inchoate intestate right and his right to act as a personal representative in the estate of Wife, and Wife relin- quishes her inchoate intestate right and her right to act as a personal representative in the estate of Husband. Each of the parties hereto by their presents, for himself or herself, his or 4 , - . her heirs, executors, administrators or assigns, does remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns or any of them, of any and all claims, demands, damages, actions, causes of actions, suits, at law or equity, of whatsoever kind or nature, for or because of any matter or thing omitted or suffered to be done by said other party prior to and including the date hereof, except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreemenc and shall in no way affect any cause of action in absolute divorce which either party may have against each other. 5. MARITAL PROPERTY The parties hereto acknowledge that during their marriage they have acquired, individually or jointly, various assets and property, including the following: (A) 12 Argali Lane, Mechanicsburg, Lower Allen Town- Ship, Penn~ylvania (marital residence); and (B) Members United Federal Credit Union with an estimated savings account balance of $32,000.00; and (C) Commerce Bank cheCking account with an estimated balance of $1,500.00; and 5 . . (D) Dauphin Deposit Bank Checking account with an estimated balance of $1,500.00; and (E) Provident Lifo Insurance Policy No. 7152085 with face value of $50,000.00 and an estimated cash value of $2,733.00; and (F) 1995 Honda Accord with an estimated value of $10,000.00; and (G) 1988 Isuzu Trooper with an estimated value of $5,000.00; and (H) 1987 Ford Conversion Van with an estimated value of $3,000.00; and (I) Increase in value of Teamnters Reti~ement Plan since May 12, 1990; and (J) Increase in value of American Mutual Retirement Account since May 12, 1990; and (K) Magellan Fund (401K) with an estimated value of $900.00; and (L) Miscellaneous personal property, including furni- ture, personal items, jewelry, increase in value of non-marital property, sporting goods and equipment, coins and cash and other miscellaneous items of marital and non-marital property; and (M) Miscellaneous marital and non-marital gifts; and (N) Avstar mortgage with an estimated pay-off 6 . $75,000.00 (marital debt) I Husband and Wife acknowledge that they are aware of their respective rights pursuant to the Divorce Code of 1980, as amended, to obtain formal valuations or appraisals of the marital residence, and other items of marital property. The parties hereby waive any necessity for completing or attaching any financial disclosure(s). Each party further acknowledges the opportunity to attach a full and complete financial disclosure and that such disclosure is not desired to effectuate a fair and equitable resolution of their marital rights, duties and obliga- tions as provided in the Divorce Code of 1980, ~s amended. 6. PERSONAL PROPERTY The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, 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 posses- sion, whether said property is heretofore owned jointly or individually by the parties hereto, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual posses- sions of each of the parties hereto. 7 The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible 3nd intangible marital property. Neither party shall make any claim to any .u~h 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. From and after the date of the signing of this Agree- ment both parties shall have complete freedom of disposition as to their separate property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, conveyor 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. 7. REAL ESTATE Husband agrees to transfer his right, title and in- terest in and to the parcel of jointly-owned real estate with improvements thereon situate at 12 Argali Lane, Mechanicsburg, Lower Allen Township, Cumberland County, Pennsylvania, as more specifically described in Deed Book "I", Volume 36, Page 379, as recorded in the Cumberland County Recorder of Deeds Office, to 8 . ! . wife and to sign all documents necessary to effect said transfer of the title to the real estate to her name individually. The documents necessary to transfer title from Husband and Wife to Wife to the jointly-owned real estate will be signed simul- taneously herewith. Wife agrees to assume and save Husband harml~ss from any obligation which he may be liable in association with the real property located at 12 Argali Lane, Mechanicsburg, Lower Allen Township, Cumberland County, Pennsylvania. Wife agrees that upon delivery of the deed to the jointly-owned real estate, she will indemnify Husband on account of any obligation he may have to her on account of the mortgage with Avatar Mortgage Corpora- tion and any other obligation including municipal liens, real estate taxes, sewer and water assessments, fire and casualty insurance, and utilities. 8. LOAN FROM HUSBAND In order to achieve an equit- able distribution of marital assets, Husband and Wife agree that Wife is indebted to Husband in the amount of ten thousand dollars ($10,000.00). Wife's debt to Husband shall be evidenced by this Agreement and by Wife's signing a Judgment Note which shall be signed contemporaneously with this Agreement. Wife agrees to repay this amount within seven (7) years, at seven (7) percent interest, compounded annually. 9 In the event that wife defaults under the terms and condi- tions of this paragraph, Husband shall notify wife in writing of such default. In the event wif& fails to comply with this paragraph, and remains in default for a period in excess of fourteen (14) days after written notice from Husband, Husband may determine the amount due pursuant to the confession of judgement note, record such judgment in the amount that remains unpaid by Wife and execution shall immediately follow. All financial obligatioQ!j, undertaken by wife in this HJL-. V\/r' ~ shall be binding on ftt!r" heirs, executors, administra- " paragraph tors, successors and assigns, and shall constitute a charge against her estate, notwithstanding any other provision of this Agreement. 9. MOTOR VEHICLES The parties hereto agree that Husband shall be entitled to have the sole and exclusive control, benefit, use and title of the 1988 Isuzu Trooper and the 1987 Ford Conversion Van. The parties agree that Wife shall have the sole and exclusive con- trol, benefit, use and title of the 1995 Honda Accord and the parties further agree to transfer title of the motor vehicles within thirty (30) days from the date of this Agreement, as necessary. 10. MISCELLANEOUS 10 (A). The parties hereto acknowledge and agree that any and all savings and checking accounts, as well as certificates of deposit and other investment accounts, owned by them jointly Qr singly, have been dividnd to their mutual and individual sati- sfaction. Husband shall be entitled to sole and exclusive posses- sion of the Members united Federal Cr.edit Union Savings Account and the Dauphin Deposit Checking Account. wife shall be entitled to sole and excl.usive possession of the Commerce Bank checking account. (B) Neither party hereto shall make a claim upon the other for accumulated pension, profit-sharing, retirement sup- port, retirement benefits, insurance policies, IRA's, or any retirement-related benefits. Specifically, Husband shall be entitled to sole and exclusive possession of the benefits from the Teamsters Retirement Plan and Wife shall be entitled to sole and exclusive possession of the American Mutual Retirement plan and the Magellan Fund 40l(k) plan. (C) The parties hereto acknowledge and agree that any and all life insurance policies owned by them jointly or singly have been divided to their mutual and individual satisfaction. Each party hereto acknowledges that they have in their sole possession those policy or policies of life insurance which they intend to keep and retain as their sole and exclusive property 11 and, turther, each party shall have the right to designate the beneticiaries of said policies. specifically, Wife shall main- tain full and exclusive possession of the Provident Life In- surance Policy No. 7152085. (0) The division of existing marital property is not, except as otherwise expressly provided herein, intended by the parties to constitute in any way, a sale or exchange of assets and the division is being affected without the introduction of outside funds or other pr.operty not constituting a part of the marital estate. As a part of an equitable divJ.sion of the marital properties and the marital settlement herein contained, the parties hereto agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. (E) Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 12 (F) Each party represents and warrants to the other that each shall file separate income tax returns for tax year 1996 and thereafter. Information maintained by on~ party which is necessary to complete any subsequent income tax return by the other party shall not be unreasonably withheld upon the request of either party. 11. DEBTS OF HUSBAND AND WIFE The parties hereto agree that any and all obligations incurred subsequent to the date of separation, said date being April 2, 1996, shall be the sole and individual responsibility of the party incurring the obligation. Husband represents and warrants to Wife that from the signing of this Agreement 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 reason of debts or obligations incurred by him. Wife represents and warrants to Husband that from the signing of this Agreement 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 reason of debts or obligations incurred by her. 13 .' 12. CUSTODY Husband and Wife acknowledge that all issues involving custody and temporary custody and visitation wlth respect to the child have been resolved. Husband and wife agree that the parties shall share legal custody of the child and that Wife shall maintain primary physical custody of the child. Nothing contained in this Agr.eement, however, is intended to or shall prevent either paI'ty from filing a petition or complaint far custody in any Court with appropriate jurisdic- tion in the event Husband and Wife cannot agree as to custody of the children. 13. SUPPORT FOR CHILDREN Husband and Wife have been advised to the general guidelines in Pennsylvania concerning payment of child support in proportion to the parties respective incomes. Notwithstanding such review, Husband and Wife have reached a verbal understanding as to the payment of child support by Husband. This Agreement is not intended to supersede the Pennsylvania support guidelines and nothing set forth in this Marital Agree- ment shall prejudice the right of either party to file a child support action in any Court of appropriate jurisdiction not- withstanding the terms of this Agreement in the event modifica- tion is necessary or at the request of either party. 14 14. ALIMONY. SUPPORT AND MAINTENANCE Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support, alimony and maintenance and, further, waive and relin- quish any rights to division of property, other than provided in this Agreement and, finally, waive any rights to alimony pendente lite, counsel fees and court costs. Husband and Wife both agree that they have been respectively advised and are aware of the contents of the provisions of the Divorce Code, as amended, in Pennsylvania, wherein considerations are set forth in determining an appropriate amount, if any, to be paid in the form of alimony. After being fully advised of the contents of the Divorce Code, as amended, both parties voluntarily and intelligently waive and relinquish any right t~ seek from the other payment for support, alimony and maintenance. 15. MUTUAL RELEASE 15 Subject to the provisions of this Agreement, .ach party waives his or her right to alimony and further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code, as amended. Subject to the provisions of this Agreement, each party has released and dis- charged 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 what- soever in law or equity, which either of the parties ever hnd or now has against the other, except any or all cause or. causos of action for divorce or except in any or all causes of action for breach of any provisiona of this Agreement. Each party a180 waives their right to request marital counselillg pursuant to Section 3302 of the Divorce Code. 16. SUBSEOUENT DIVORCE A decree in divor.ce entered by a court of competent juriSdiction to either party shall not suspend, supersede or affect the terms of this Agreement. Both parties agree, if requested, to enter a Consent Order or Orders concerning the provisions of this Agreement in the Court of Common Ploas of Cumberland County, Pennsylvania, or any other Court of competent 16 jurisdiction, as a part of a resolution of any divorce action filed or to be filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall be contingent upon the granting of a Divorce Decree to either party by the Court of ~ommOI\ Pleas of Cumberland county, Pennsylvania, or any other Court of competent jurisdiction. Furthermore, both parties hereto agree, if requested, to execute the appropriate affidavits and consents to secure a No-fa~lt Divorce as may be required by the Divorce Code, as amended. Both parties hereto agree that this Agreement may be incorporated into a separate Court Order but shall not merge in such order. 17. ENTIRE AGREEMENT This Agreement contains 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 separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors whJ.ch have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu 17 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 jurisdiction pursuant to section 3502 of the Divorce Code or any amendments thereto. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 18. YQLYNTARY EXECUTlQli 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 i. 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 furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 19. ADDITIO~AL INSTRUMENTS Husband and Wife shall from time to time at the request of the other, execute, acknowledge and deliver to the other party 18 any and all further instruments that may be reasonably required to give full force and effect to the conditions of this Agree- ment. 20. MODIFICATION AND WAIVER Any 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 performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or construed as a wdlver of any other term, condition, clause or provision of this Agreement. 21. BREACH If either party hereto breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for such breach, or seek other remedies or relief as may be available to him or her. Both parties agree and are aware that non-compliance with any provision of this Agree- ment permits either party to pursue appropriate legal remedies, including sanctions as set forth in 23 Pa. C.S.A. ~3105. Each party further hereby agrees to save and hold harmless the other party from any and all attorneys' fees, costa 19 and legal expenses and expenses that either may sustain, or incur or become liable or answerable for, in any way whatsoever, or shall pay upon, or in consequence of, any default or breach by the other of ~ny of the terms or provisions of this Agreement by reason of which either party shall or shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both or in any way what- soever, provided that the party who seeks to recover such attorneys' fees, costs and legal expenses and expenses must first be successful in whole or in part, before there would be any liability for attorneys' fees, costs, legal expenses and expenses. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by the other party in endeavoring to protect and enforce his or her rights under this Agreement. All remedies provided by law and all remedies provided for in this Agreement for enforcement of the Agreement shall be deemed to be cumulative and the exercise of one remedy shall not bar or prevent th~ pursuit of any other remedy and either party may elect to pursue such remedies simultaneously and the exercise of a remedy one or more times shall not exhaust ita use or prevent further pursuit of such remedy. 20 22. DESCRIPTIVE HEADINGS The descriptive headings used herein are tor convenience only. They shall not have any effect whatsoever in determining the rights 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 separate and independent covenant and agreement. 24. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. For purposes of contract inter- pretation and for purposes of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by their respective attorneys. 25. ~LAUSES If any term, conditions, 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. 26. BINDING AGREEMENT 21 " .... Lf) ',.. !,';. N ~ '; ; I'~ ('I "i,'i Ll.t~:) - 1:.. 0" '\,: ";. ~~iJ fE~: (l... .,:oj " ~( r-- ,"ii ~"\ '. ~ ~ I /"=- .". ,.. :I[U ; I.: ,:... .'r.,l.. r-- "'t ," II. t- (3 <:) C' 'I I , , " i; C') :- ~ t.; ~f~ N ;~5 ,1-;" -:" )~e I. '. j2 c,. ,=::; >- ~ r- (~ f.,): I '. . t;jl, ' ~ r.:; J''E lj~ '1 "" I). " j... "'" ". 'I, ,.. a ~.) Q'l . , , " LAURIE A. SNYDER, . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff VB. Defendant 96 _'.f,) I (',uit 'I,.". IN DIVORCE HAROLD J. LEPLEY .OTIC. TO D...ND AND CLAIM RIOHTS You have been sued in Court. If you wish to defend against the claim. .et forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed against you and a decree in 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 money or property or other rights important to you, including custody or visitation with 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 at the Cumberland County Courthouse, carlisle, 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. Court Administrator 1 Courthouse Square Cumberland County Courthouse Carlisle, Pennsylvania (717) 240-6200 (717) 697-0371 By: ~v.JAJ (' 81..u. Andrew C. Sheely, PA. 1.0. No. 6246 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff LAURIE A. SNYDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 96 _ .1)) J (".,( Ti,-~ IN DIVORCE va. HAROLD J. LEPLEY, Defendant COMPLAINT 1. Plaintiff is Laurie A. Snyder, who currently resides at 12 Argali Lane, Mechanicsburg (Lower Allen Township), Cumberland County, Pennsylvania. 2. Defendant is Harold J. Lepley, who curr.ently r~sides at 422A Pleasant View Road, New Cumberland (Fairview TownShip), York County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 12, 1990. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of marriage counseling and understands that she may have the right to request that the court require the parties hereto to participate in counseling. 7. Plaintiff avers as the grounds upon which this action is based is that: (A) That the marriage between tho parties hereto is irretrievably broken and that the Plaintiff and Defendant have lived aeparate and apart since April 2, 1995, or, in the alternative; LAURIE A. SNYDER, PlainUtt vs. IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 96 - ~"JJ\ I ".1 T'J.,. IN DIVORCE HAROLD J. LEPLEY, Defendant A..IDAVIT Laurie A. Snyder, 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 Domestic Relations 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 by the Court. I understand that false statements herein are made subject to th~ penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsi- fication to authorities. / ! j, 1 '::'/~U-vt ~ ( , 10" 'J Laurie A. Snyder f SWORN to and subscribed before me:his .;>I4t. day of '7/ :(~') _L!a..tztc. .'. .'L t ,) 'NU 2.rl1 Notary Publi"c My Commission Ex ires: NOrAnlAl S~Al CATflEnlN~ J. 8AAR~, NOfARY PUBLIC SHIREMANSTOWN BORO, CUMBERLAND CO, PA. MY COMMISSION miRES SEPT 9,1999 , 1996. J ~ v) ~ ',) 'N "J ~ J " I' '., ,~ " '\11 ~ i ~ (,'Z' '0 , r.,1 , , , <.. '. '. 'I I' , , " , , , I , , 1;.' "~I .', 1;,-1 1:= .. UI~. ~~~ ":;:s ()"I' . (f-\ r._. !-:.! <l t Et 1'-. \t'l J, I ....J!I ,r.-; f". 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