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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF
PENNA.
JOANNE C. BABAIAN,
Plaintiff
;'\(), 97-120
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~ ROBERT C. CYPCAR.
~ Defendant
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DECREE IN
DIVORCE
AND NOW", ,;J,.".I.)- ,l~""""""" 197,'7". it is ordered and
decreed that" , " ' , " " , ,J,OANNE ,c,, ,BABAIAN., , , '" , ," , , '" ' .". plaintiff,
and..,..",....,..,...., ,ROBERT, C:, CYPCAR",.."""....,.., defendant,
are divorced from the bonds of matrimony.
~ 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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t.l\d1Y\a9l1lll.0rd
JOANNE C. BABAIAN, IN THE COURT OF COMMON PLEAS
Plaintiff . CUMERLAND COUNTY, PENNSYLVANIA
.
v. NO. 97-120 IN DIVORCE
.
.
ROBERT C. CYPCAR, CIVIL ACTION - DIVORCE
Defendant
ORDER
AND HOW, this
IS tl.
day of
Jelll
, 1997, the
property settlement Agreement between the parties dated June 19, 1997,
and attached hereto is hereby incorporated into the Decree in Divorce.
BY THE COURT:
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TO
\'aU ARB "SREBY IlOTIPlBD TO PlU!
" ftITI'IIll REIll'OIlBB TO TIIB
SIlCLOBBD
wmtIN 1WIlNfY (1Ol DAYS FlUJIo\
BBIlVICB HBREOf OR "JUDOMBNI'
MAY BB BNl'BRED AOIJIlST \'aU
BY
LAW OFFICES
HAHAllS liI KOUNOUPlS
"PROPBBB'iOllAL cORPORATIOIl
PARK p\.\ZA
MOO BATH PllCll . Burrn 100
BBTII1.BHBM. PBIlNSYLVANIA leD17-2@
(b10) 1Ib5.2(:D8
NOV 1 6 199~~
WllDO HJlRBIIYCBJmpYTHAT ~
TIIB wrnuN IB" TRUB AIlD
CXllIIlIlC\'CXlI'l'oPTHB()llI(lIIlAL
PIUID IN THIS ACI101l
BY
"TTORIlBY
"TTORIlBY
tl\.qm'b.b~l.n..b.\~M'l
^GRE~~MENT
qr(t
THIS AGREEMEHT, made tllis I - day of
,,-)7', N t.-
, 1997,
by and between JOANNE C. BABAIAN, of Cumberland County, Pennsylvania,
(hereinafter referred to as "Wife"), and ROBERT C. CYPCAR of Cumberland
County, Pennsylvania, (hereinafter referred to as "Husband");
WIT N E SSE l' II:
WHEREAS, Husband and Wife were lawfully married on April 22, 1995,
in Mechanicsburg, Cumberland County, Pennsylvania, and,
WHEREAS, no children have been born of this marriage.
HOW 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:
1. Disclosure of Assets. Each party asserts that he or she
has made a full and fair disclosure of all of the real and personal
property of any nature whatsoever belonging in any way to each of them
of all debts and encumbrances incurred in any manner whatsoever by each
of them, of all sources and amounts of income received or receivable by
each party, and of every other fact relating in any way to the subject
matter of this agreement. These disclosures are part of the consider-
ation made by each party for entering into this agreement.
-1-
2. Preoaration of AQreement. This agreement has been
prepared by the attorney for the Wife. Each party has been represented
by an independent attorney, who was selected by the party whom he or she
represents, in the negotiation of this agreement. This agreement has
been fully explained to each party by that party's attorney. Each party
has carefully read this agreement and is completely aware, not only of
its contents, but also of its legal effect.
3. Lawfulness of Seoaration. It shall be lawful for each
party at all times hereafter to live separate and apart from the other
party at such place as he or she may from time to time 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.
4. Freedom from 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.
5. Release of Claims. Wife and Husband each do hereby
mutually remise, release, quit-claim and forever discharge the other and
the estate of such other, for all time to come, and for all purposes
whatsoever, of and from any and all rights, titles and interests, or
-2-
claims in or against the property (including income and gain from
property hereafter accruing) of the other or against the estate of such
other, of whatever nature and wheresoever situate, which she or he now
has or at any time hereafter may have against such other, the estate of
such other or any part thereof, whether arising out of any former acts,
contracts, engagements or liabilities of such other or by way of dower
or curtesy, or claims in the nature of dower or curtesy of widow's or
widower's rights, family exemption or similar allowance, or under the
intestate laws, or the right to take against the Spouse's willi or the
right to treat a lifetime conveyance by the other as testamentary, or
all other rights of a surviving spouse to participate in a deceased
spouse's estate, whether arising under the laws of (a) Pennsylvania, (b)
any state, commonwealth or territory of the United States, or (c) any
other country, or any rights which Wife may have or at any time
hereafter have for past, present or future support or maintenance,
alimony, alimony pendente lite, counsel fees, costs or expenses, whether
arising as a result of the marital relation or otherwise, except, and
only except, all rights and agreements and obligations of whatsoever
nature arising or which may arise under this agreement or for the breach
of any thereof. It is the intention of Wife and Husband to give to each
other by the execution of this agreement a full, complete and general
release with respect to any and all property of any kind or nature,
real, personal or mixed, which the other now owns or may hereafter
acquire, except and only except all rights and agreements and obliga-
tions of whatsoever nature arising or which may arise under this
-3-
agreement or for the breach of any thereof, subject, however, to the
implementation and satisfaction of the conditions precedent as set forth
herein above.
6. Warrantv as to Future ObliQations. Each party repre-
sents that they have not contracted any debt or liability for the other
for which the estate of the other party may be responsible or liable,
and that except only for the rights arising out of this agreement,
neither party will hereafter incur any liability whatsoever for which
the other party or the estate of the other party, will be liable. Each
party agrees to indemnify or hold the other party harmless from and
against all future obligations of every kind incurred by them.
7. Personal Prooertv. Both parties herein agree that any of
Wife's and/or her children's household goods, personal effects,
clothing, kitchen appliances, kitchen ware, washer and dryer and other
personal items that were brought into the marriage still remaining in
the marital home after this agreement is signed will be removed within
thirty days of the signing of this agreement. Husband agrees to provide
ample time for the removal of Wife's property from the home during this
time period. Husband further agrees not to hinder, harass, or in
anyway, or at anytime, prevent Wife from removing her property from the
home. Husband agrees not to destroy, discard, remove, hide, give away,
donate, sell, or deny wife of any of her personal property. Husband is
to allow Wife full and free access to those areas of the marital home
where items may be stored to remove Wife's property. Husband agrees to
cooperate with the removal of anything that may block Wife's access to
-4-
and removal of her personal property from any stored area. Any property
that should remain in the marital home after said date will become the
sole and separate property of Husband. Each of the parties does hereby
specifically waive, release, renounce and forever abandon whatever
claims, if any, she or he may have with respect to any of the above
items which are the sole and separate property of the other.
B.
Cash.
All cash presently in the possession of either
party shall be and remain their separate property, free and clear of any
claim whatsoever on the part of the other.
9. Prooertv Hot Provided For. The parties hereto agree that
they have, by the terms of this agreement, settled, to their mutual
satisfaction, all rights that either may have in their property, whether
owned by them jointly or separately, real and personal, and wheresoever
situated. Any property not specifically provided for in this agreement,
which the Husband or Wife owns or has the right to control or possess,
shall be and remain his or her property, free and clear from any claim
on the part of the other.
10. Real Estate. Wife hereby agrees to convey, transfer and
grant to Husband her right, title and interest in the real estate
situated and located at 224 Ewe Road, Mechanicsburg, Cumberland County,
Pennsylvania, contemporaneous with Husband's payment in full of the sum
of THIRTEEN THOUSAND AND FIVE HUNDRED DOLLARS ($13,500) to Wife, and
Wife's full release from the existing mortgage on said property. From
the date of this agreement, Husband agrees to assume as his sole
obligation any and all mortgage payments, taxes, claims, damages or
-5-
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other expenses incurred in connection with said premises, and Husband
obligation.
Husband shall deliver to wife this same sum of THIRTEEN
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agrees and covenants to hold Wife harmless from any such liability or
THOUSAND AND FIVE HUNDRED DOLLARS for said property simultaneous with
Wife's execution of all papers necessary to have a final decree in
divorce entered in the Court of Common Pleas of Cumberland County,
Pennsylvania. Husband shall be solely responsible for all maintenance
and repair, mortgage payments, insurance payments, taxes, claims,
demands or other expenses including but not limited to water, cable
television, electric, trash and sewer incurred in connection with said
premises and Husband agrees and covenants to hold Wife harmless from any
auch liability or obligations.
11. Waiver of Alimonv. The parties herein acknowledge that
by this agreement they have each respectively secured and maintained a
substantial and adequate fund with which to provide themselves suffi-
cient financial resources to provide for their comfort, maintenance and
support in the station of life in which they are accustomed. Wife and
Husband do hereby waive, release and give up any rights they may
respectively have against the other for alimony, support, alimony
pendente lite or maintenance.
It shall lJe from the date of this
agreement the sole responsibility of each of the respective parties to
sustain themselves without seeking any support from the other party.
12. pavment of Attornev Fees. Each party of this agreement
hereby agrees that each of them will be solely responsible for the full
payment of all attorney's fees and other costs heretofore and hereafter
-6-
incurred, respectively, by each of them in connection with the negotia-
tion, preparation, and execution of this agreement, and in connection
with any action commenced by either party with respect to the divorce of
the parties. Each party further agrees hereby to indemnify and hold the
other party harmless from any demand, claim, loss, cost and expense
(including additional attorney's fees) arising from a failure to pay all
of the aforesaid attorney's fees and other costs.
13. Informed and Voluntary Execution. Each party to this
agreement acknowledges and declares that he or she, respectively:
a. Is fully and completely informed as to the facts
relating to the subject matter of this agreement and as to the rights
and liabilities of both parties.
b. Enters into this agreement voluntarily after
receiving the advice of independent counsel, free from fraud, undue
influence, coercion or duress of any kind.
c. Has given careful and mature thought to the making of
this agreement.
d. Has carefully read each provision of this agreement.
e. Fully and completely understands each provision of
this agreement.
14. Subsequent Divorce. The parties hereby acknowledge that
Wife has filed a complaint in divorce in Cumberland County to Docket No.
97-120, claiming that the marriage is irretrievably broken under Section
330l(c) of the Pennsylvania Divorce Code. Husband hereby expresses his
agreement that the marriage is irretrievably broken and expresses his
-7-
intent to execute any and all affidavits or other documents nocoooary
for the parties to obtain an absolute divorce purBuant to SBction
330l(c) of the Divorce Code at the samo time aB ho oxocutoo thio
agreement. The partieB hereby waive all rightB to requeBt court ordered
counseling under the Divorce Code. It is further specifically under-
stood and agreed by the parties that the proviBions of thio agreement ao
to equitable distribution of property of the parties are accepted by
each party as a final settlement for all purposes whatooever aD
contemplated by the Pennsylvania Divorce Code.
Should a decree, judgment or order of divorce be obtained by either
of the parties in this or any other otate, country or juriudiction, each
of the parties hereby consents and agrees that thia agreement and all of
its covenants shall not be affected in any way by uuch aeparation or
divorce; and that nothing in any such decree, judgment, order or further
modification or revision thereof shall alter, amend or vary any term of
this agreement, whether or not either or both of the partieD uhall
remarry. It is the specific intent of the partieD to permit thiu
agreement to aurvive any judgment and to be forllver bi nding and
conclusive upon the partiea.
15. Mutual Coooeration. The lIuaband and the wife ohall each
concurrently herewith, or at any timo hereafter on tho demand of the
other, execute any other documento or inotrumenlll, and do or cauoo to bo
done any other acts and things au may be neceaoary or convenient to
carry out the intents and purpoaea of thia agreement.
-8-
16. Severabilitv. If any provision in this agreement is held
by a court of competent jurisdiction to be invalid, void, or unenforce-
able, the remaining provisions shall nevertheless continue in full force
and effect without being impaired in invalidated in any way.
17. Reconciliation. If there should be a reconciliation of
the parties after the date of execution of this agreement, this
agreement shall nevertheless continue in full force until it is modified
or abrogated by another written instrument to that effect signed by each
of the parties hereto.
lB. Future Earninqs. All inco.ne, earnings or other property
received or acquired by either party to this agreement on or after the
date of execution of this agreement shall be the sole and separate
property of the receiving or acquiring party. Each party, as of the
effective date of this agreement, does hereby and forever waive, release
and relinquish all right, title and interest in all ouch income,
earnings or other property so received or acquired by the other.
19. waiver of Riqhts. Each of the parties hereby irrevocably
waive all rights which he or she may have to request any court to
equitably distribute the marital property of the parties or to have
alimony, alimony pendente lite or counsel fees awarded to either party,
it being the express intention of the parties hereto to fully settle all
claims which they have with respect to each other in this agreement.
Each of the parties further agree to consent to the entry of a Decree in
Divorce.
-9-
20. Waiver of Breach. The waiver of any term, condition,
clause or provision of this agreement shall in no way be deemed or
considered a waiver of any other term, condition, clauoe or proviaion of
this agreement.
21. Survival of Aqreement. If any term, condition, clauoe or
provision of this agreement shall, by ito reaoonable interpretation, be
intended to survive and extend beyond the termination of the marriage
relationship presently existing between the partieo hereto, oaid term or
terma, condition or conditions, clauue or clnuDeD, provision or
provisions, shall be so construed, being the exprlluU intention of both
parties hereto to have this agreemont govern thoir ro14tionahip now or
hereafter, irrespective of their marital utatuu.
22. Jurisdiction. This agreoment uhali be construed under
the lawa of the Commonwealth of Pennoyl\'ania, and both parties consent
and agree to the jurisdiction of the Court of COllunon Pleao of Cumberland
County, Pennsylvania, on account of any uuit or action brought with
reapect to this agreement or any provioionD or maltero referred to in
any provisions thereof.
23. Aqreement BindinQ on Partie. and Heir.. This agreement
shall be binding in all !to terms, conditionu, clauaes and provisions of
the parties hereto and their reapective heira, administrators, executors
and assigns.
IH WITNESS WHEREOF, the partieD have hereunto set their hands and
seals the day and year above firat written.
-10-
IH WITNESS WHEREOF, the parties have hereunto set their hands and
seals the day and year above first written.
(~t'&VH t
( OANNE C.
3, ,
L ,J.,n, tJ.--,J
BAaAIAN
(SEAL)
ROBERT C.
(SEAL)
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-11-
.rOANNE C. IlAIlAlArl, IN TIII~ COURT OF COMMON PI.I::^~;
Pinlntil'r :
CUHOERl.^ND COUNTY, PENNSYI.V^NI^
VS. CIVIL DIVISION
:
NO. ')7-120 CIVIL TERM
ROBERT C. CYPCAR, :
Defendant
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 divorce: irretrievable breakdown under S3301(c)
XlJM:kt!!~)(x},(k of the Divorce Code. (Strike out inapplicable section).
2. Date and manner of service of the complaint: Jan. 10, 1997, Certified
Mail, Restricted Delivery, Return Receipt Requested, postage prepaid.
J. Complete either paragraph (a) 0" (b).
(a) Date of execution of the affidavit of consent required
by SJJOI(c) of the Divorce Code: by plaintiff June 19, 1997
by
defendant
.Tune 19. 1997
(b)(l) Date of execution of the affidavit required by
of the Divorce Code: : (2) Date of filing
S330l(d)
and
service of the plaintiff's affidavit upon the r~spondent:
4. Related claims pending:
NO CLAIMS RAISED
5. Complete either (a) or (b).
la) Date and manner of service of the notice of intention to
file praecipe to transmit record, a copy of which is attached:
(b) Date plaintiff'o
filed with the Prothonctary:
Date defendant's
filed with the Prothonotary:
Waiver of Not.ice in
9 -II' ~'1--
S3301(c) Divcrce was
Waiver of Notice in
7 - /1 7' T-
S3301(c) Divorce was
------:.
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Elizabeth B. Stano,
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Attorney ~~~~l!~)
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JOANNE C. BABAIAN,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - /20 Cu.A-it. ~-t-~
ROBERT C. CYPCAR,
Defendant
.
.
CIVIL ACTION - LAW
IN DIVORCE
HOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the
claims set forth in the following pageo, you must take prompt action.
You are warned that if you fail to do so, the case may proceed without
you and a Decree of Divorce or annulment may be entered against you by
the Court. A judgment may also be entered against you for any other
claim or relief requested in these papers by the plaintiff. You may
lose 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 requeat marriage counaeling. A
list of marriage counselora is available in the Office o~ the
Prothonotary at the Cumberland County Courthouse, Carlisle, PA 17013.
IN YOU DO HOT 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
HOT 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
Fourth Floor
Cumberland Countv Courthouse
Carlisle. PA 17013
Telephone: (7171 240-6200
tl\dlv\b.~.l.n.com\l-'l
v.
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
NO. c,')./.Jv <ll~JJU''1
JOANNE C. BABAIAN,
Plaintiff
ROBERT C. CYPCAR,
Defendant
CIVIL ACTION LAW
IN DIVORCE
COMPLAINT
1. The Plaintiff in this action is Joanne c. Babaian, an adult
individual, who currently resides at 224 Ewe Road, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
2. The Defendant in this action is Robert C. Cypcar, an adult
individual, who currently resides at 224 Ewe Road, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
3. Both the Plaintiff and the Defendant have been bona fide
residento of the Commonwealth of Pennaylvania for at least six (6)
months immediately previous to the filing of this complaint.
4. The Plaintiff and Defendant were lawfully joined in marriage
on April 22, 1995, in Mechanicsburg, cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment
between the parties hereto in this or any other jurisdiction.
6. The Plaintiff avers as the grounds upon which this action is
based is that the marriage between the parties hereto is
irretrievably broken.
-1-
I U\d1v\1lu,llu'V.dt
JOANNE C. BABAIAN I I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. NO. 97-120
ROBERT C. CYPCAR, CIVIL ACTION LAW
Dsfendant IN DIVORCE
.AFFIDA vrr OF SERVICE
COMMONWEALTH OF PENNSYLVANIA)
) ss.
COUNTY OF CUMBERLAND )
I, ELIZABETH B. STONE, of Stone LaFaver & Stone, attorneys for
the plaintiff hereby certify that I served the Complaint in Divorce in
the above captioned matter on the defendant, Robert C. Cypcar, at 224
Ewe Road, Mechanicsburg, PA 17055, by United Stateo Certified Mail,
postage prepaid, restricted delivery on January 10, 1997, as evidenced
by the attached Certified Mail return receipts.
~7'-
ELIZABETH B. STONE" ESQUIRE
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SWORN TO AND SUBSCRIBED
befQ~e me this /~~ day
of \J.1""A"r-- I 1997.
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IG1ve R. ~..1ri:! [...1,11
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My "'~_~.' ElotO. ell.' -.cOiro Carlt,
VUlIIlIIl:o:Dl GcpIC:: 'f~-....dl ~7. 1997
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JOANNE C. BABAIAN , IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. NO.
ROBERT C. CYPCAR, CIVIL ACTION IN DIVORCE
Defendant
WAIVER OF HOT ICE OF INTEHTIOH TO REQUEST ENTRY
OF DIVORCE DECREE UHDEK S3301(c) OF TH~ DIVORCE CODE
1. I consent to the entry of a final decree of divorce without
notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer'a fees or expenses if I do not claim them
before a divorce ia 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 statements made in this affidavit are true and
correct. I understand that false statements herein are made subject
to the penalties of IB Pa. C.S. S4904 relating to unsworn falsifica-
tion to authorities.
~t" {!. ~-
JO E C. BABAIAN, Plaintiff
Date:
~1I/1\1 / ?i/QCj 7
tl\d1v\1.~1v..not
JOANNE C. BABAIAN ,
Plaintiff
~
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
:
I NO. 97-120
:
ROBERT C. CYPCAR,
Defendant
CIVIL ACTION
IN DIVORCE
.
.
WAIVER OF NOTICE OF INTENTION TO REQUP.ST. ENTRY
OF DIVORCE DECREE UHDER 53301(c) OF THE DIVORCE CODE
I. I consent to the entry of a final decree of divorce without
notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer'a fees or expenses 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 statements made in thio affidavit are true and
correct. I understand that false statements heLein are made subject
to the penalties of IB Pa. C.S. S4904 relating to unsworn falsifica-
tion to authorities.
Date/It-: lr~)
( I
.//11
, Defendant