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HomeMy WebLinkAbout99-04683.i C N. .Z i r? 1 A •'a iL F MM O• Z y cnZm .? A < o<v O D n _v N i i d ee? •:? • :o • •;?:• <? • :? • <? • te• <r,• .? • <s • te• •:? • t? • :e• •;? • :?: ce• •;e•': -.;? •;>;?x:•x%:<? •:? •r e•:. s, x? •:ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. BRENDA L. WINSTON, 99-9683 CIVIL Plaintiff ?<) ......................... ................. Vrisus DAVID E. WINSTON, Defendant its 99 DECREE IN DIVORCE AND NOW it is rdered and ? . .................... .. ..... , o decreed that .. ........... BRENDA .L...WINSTQN................ plaintiff, and ........... .....DAVID .E.. •WINSTJON....................... defendant, are divorced from the bonds of matrimony. The terms of the i marriage Settlement Agreement entered into by the parties on ' June 9, 2000, The court are incorpo ated h r i retains junsciction oef then following claims which have been raised of record in this action for which a final order has not yet been entered; None ............................................... s By t ? Attest: J. •. f ? ?e?ti?Y 1 lI . Prothonotary I do r f' THIS MARITAL SETTLEMENT AGREEMENT is made as of the ? day of v 2000, by and between Brenda L. Winston, an adult individual residing at 50 amstable Road, Carlisle, Cumberland County, Pennsylvania (hereinafter "Wife"), and David E. Winston, an adult individual residing at 4184 Cove Court, Apt. 107, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Husband"). Recitals The background of this Agreement is as follows: R-1. The parties hereto, being Husband and Wife, were lawfully married on December 23, 1975, in Hollidaysburg, Blair County, Pennsylvania. R-2. Differences have arisen between Husband and Wife and, as a result, they live separate and apart from each other and have done so continuously since November 1, 1998. R-3. Wife has filed a divorce action under § 3301(c) and § 3301(d) of the Pennsylvania Divorce Code in Cumberland County, Pennsylvania, which action is docketed to No. 99-4683 Civil (the "Divorce Action"). R-4. Husband and Wife desire to settle and determine finally, and for all time, their mutual property right, support, and other matters related in any way to the Divorce Action. R-5. There is one son born of the marriage between Husband and Wife, Gregory A. Winston, now of the age of majority. NOW THEREFORE, in consideration of the mutual promises, covenants, and undertakings herein contained, the parties hereto, each IN7EAVING TO BE LEGALLY BOUND HEREBY, agree as follows: 1. Recilnlr• The Recitals set forth above are incorporated herein by reference as if set forth in full. 2. b . It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in the Divorce Code, their marriage is irretrievably broken. Wife filed the Divorce Action on or about August 4, 1999, and the parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all action) necessary to assure that a divorce pursuant to § 3301(c) of the Divorce Code is entered as soon as possible. This Agreement shall be incorporated by reference, but not merged into the Divorce Decree presented to the Court. 3. ??prnu.snl Srrnport. Husband and Wife agree that by the execution of this Agreement they have waived all rights of any nature to spousal support, alimony and/or alimony pendente lite. The only support obligation that is preserved from Husband to Wife is the obligation for Husband to continue to provide health insurance to Wife at the current levels now in force, until December 31, 2000, or until Wife obtains similar insurance coverage as the result of employment, whichever shall first occur. 4. Marital Residence. The parties had previously owned, as the marital residence, certain property situate at 504 North Front Street, Wormleysburg, Pennsylvania (the "Real -2- r Property"), which Real Property has been sold and the net proceeds thereof are currently being held in a money market fund with The Vanguard Group (the "Net Proceeds"), and which fund has a balance as of March 31, 2000, of $102,022.06. The Net Proceeds, including interest, shall be evenly divided between the parties by counsel for Husband who shall liquidate the account and hold the proceeds in escrow to be distributed as provided herein. 5. Business Assets. The parties acknowledge that Husband shall be the sole owner of Professional Solutions, Inc. (the "Business") which is a marital asset. Wife agrees to transfer any and all interest she may have in and to the Business, and Husband agrees to pay to Wife the sum of $100,000.00 in exchange for Wife's waiver of all interest in and to the Business. Husband shall indemnify and hold Wife harmless from all liability now existing or which shall occur in the future of any nature related to the business. The parties agree that the Husband shall deposit with his attorney the amounts necessary, when combined with Husband's share of the house proceeds as defined above, to equal to $100,000.00. Counsel for Husband shall deliver this payment to Wife along with her share of the house proceeds upon her execution of this Agreement and all other documents necessary to complete the divorce. The parties acknowledge that Wife is currently employed in the Business and that upon executing of this Agreement Husband shall have the sole authority to hire or fire any and all employees, including Wife. 6.nilohle Disirihuiion of Persona/ Property. Husband and Wife acknowledge that, except as specifically set forth herein, they have divided all personal property acquired during -3- the marriage to their mutual satisfaction. 7. Air Miles. The parties acknowledge that they have accumulated certain air miles resulting from certain business and personal purchases prior to the date of separation. The parties agree to evenly divide the amount of these air miles as existed on the date of separation. 8. Automobiles. Husband and Wife agree that Wife shall retain full ownership of the 1998 Dodge Caravan and Husband hereby waives any right, title or interest that he may have in said automobile. Further, Husband and Wife agree that Husband shall retain full ownership of the 1999 Ford Ranger pickup truck and Wife hereby waives any right, title or interest she may have in said automobile. Each party shall be responsible for all payments on loans secured by such party's automobile, repairs, insurance and all other costs incurred as a result of such ownership and each agrees to execute any documents reasonably required by the other to effectuate the intent hereof within five (5) days of the request of either party. 9. IRA mid/or Retirement Accounts. Husband and Wife each, by this Agreement, expressly waive and relinquish any and all right or interest that the other may have in and to the other's retirment, profit sharing, IRA's and any other plans and/or incentives. 10. Lay Issues. The parties acknowledge and agree that any and all distribution which occur through this Agreement constitute a non-taxable division of marital property. -4- r 11. A,fier-A9OIiredPronerrv. Husband and Wife acknowledge that they have been living separate and apart since November 1, 1998, each party expressly waives and relinquishes any right or interest he or she may have in property, real, personal, or mixed, purchased or otherwise acquired by the other party after the date of separation as set forth above. 12. Joint Debls. Husband and Wife represent that there are no joint debts or other joint obligations incurred by either of them currently outstanding. Each party shall be solely responsible and each hereby indemnifies and holds the other party harmless from any and all debts, liabilities, and obligations. 13. Future Deblr. Neither party shall contract or incur any debt or liability for which the other party or his or her property or his or her estate might be responsible, and shall indemnify and save harmless the other party from any and all claims or demands. 14. Indemnificalion. Each party hereby expressly agrees to indemnify and hold harmless the other from any and all liablity, direct or indirect, including attorneys' fees and costs, that may arise in connection with any obligation, for which the party has agreed hereunder to bear sole responsibility, or which the party has failed to disclose and provide for herein. 15. Other Wrilinnr. Each of the parties hereto agrees to execute any and all documents, deeds, bills of sale or other writings necessary to cant' out the intent of this Agreement or any part thereof, without undue delay or objection. 16. Counsel Fees. Husband agrees to pay $1,000.00 in Wife's attorney fees by providing $1,000.00 to be held in escrow by Husband's counsel and distributed as provided in the -5- paragraph concerning the distribution of the Real Property and Business proceeds. 17. Mnnia Except as otherwise specifically provided herein, the parties hereby release and discharge, absolutely and forever, each other and Wife releases and discharges the Business from any and all rights, claims and demands, past, present, or future, specifically, without limitation, from the following: alimony pendente lite, alimony, spousal support, division of property, claims or rights of dower and right to live in the marital residence, right to act as executor or administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other, any claim or right as beneficiary in any life insurance policy of the other; and any claim or right in the distributive share or intestate share of the other party's estate. 18. F tir er m n1/i1mn nr. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. This Agreement may be amended by the parties only by a written instrument signed by both parties hereto. 19. Nonwaiver of Pgrformance. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of the 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. 20. Invalidity- 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, -6- this Agreement shall be valid and continue in full force, effect and operation as if such provision had not been initially included. The failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 21. re c . If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for such breach at law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 22. Governing Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 23. Successors in Interest. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 24. Legal F/&ct. The provisions of this Agreement are intended to effect a legally binding property settlement between the parties. Wife has been represented by Kathleen Carey Daley, Esquire, and Husband has been represented by Wix, Wenger & Weidner and Stephen J. Dzuranin, Esquire. Each party acknowledges that he or she each has read this Agreement, has been afforded sufficient time to discuss this -7- Agreement and all financial information related to this Agreement with counsel, fully understands the facts, and has been fully informed as to his or her legal rights and obligations by counsel, and each party acknowledges and accepts that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that this Agreement and the execution thereof is not the result of any duress, undue influence or collusion. IN WITNESS WHEREOI , the parties hereto have set their hands and seals the day and year first above written. Q, WITNESS WIFE: Brenda L. Winston HUSBAND: David E. Winston -8- BRENDA L. WINSTON, Plaintiff V. DAVID E. WINSTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4683 CIVIL 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 divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service ofthe complaint: August 9,1999; certified mail, restricted delivery 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff: June 22, 2000; by Defendant: June 9, 2000. (b)(1) Date of execution of the affidavit required by§3301(d)of the Divorce Code: N/A; (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: N/A. 4. Related claims pending: None 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record; a copy of which is attached: N/A (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 23, 2000 Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 23, 2000 ra D M Z m CA 0 3 n ^? D n v_ N BRENDA L. WINSTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. : NO. y'9 yl??3 DAVID E. WINSTON, Defendant IN DIVORCE NOTICE TO 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. 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 request marriage counseling. A list of manage counselors is available in the office of the Prothonotary, Cumberland County Courthouse, High and Hanover Streets, 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demands y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la cone en for nut escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates pare usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 BRENDA L. WINSTON, Plaintiff V. DAVID E. WINSTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. IN DIVORCE COUNT I DIVORCE AND NOW comes the above Plaintiff, Brenda L. Winston, by her attorney, Kathleen Carey Daley, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: The Plaintiff, Brenda L. Winston, is an adult individual who resides at 504 N. Front Street, Wormleysburg, Cumberland County, Pennsylvania. 2. The Defendant, David E. Winston, is an adult individual who resides at 4184 Cove Court, Apt. 107, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 4. The Plaintiff and Defendant were marred on December 23, 1975, in Hollidaysburg, Blair County, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 6. The cause(s) of action and section(s) of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on November 1, 1998. 7. There have been no prior actions in divorce between the parties. g. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. 9. The parties may enter into a written agreement with regard to support, alimony and property division. In the event that such an agreement is executed by the parties, the agreement may be incorporated by the court into the final Decree of Divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNTII EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of their marriage, December 23, 1975, until the date of their separation, November 1, 1998. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. COUNT III ALIMONY 13. Paragraphs 1 through 12 of this Complaint are incorporated herein by reference as though set forth in full. 14. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 15. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony in her favor. COUNT IV ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 16. Paragraphs 1 through 15 of the Complaint are incorporated herein by reference as though set forth in full. 17. Defendant earns in excess of Forty Thousand Four Hundred ($40,400.00) Dollars gross per year and has assets which have not yet been ascertained. 18. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. I verify that the statements made in this Complaint 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 unswom falsification to authorities. By: /_Lel .IG, • '?/ .gam/ Brenda L. Winston, Plaintiff Date: a-R_-` q By: Kat teen Carey Daley, Esqui e Attorney No. 30078 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff U: i ?i ?' [V .'far t• _ ) S7 <ci v D ? A c? ?s V ? y P Z Z ?Zm o <v 0 D 0 ? N _ BRENDA L. WINSTON, Plaintiff V. DAVID E. WINSTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 994683 CIVIL IN DIVORCE AFFIDAVIT OF SERVICE Kathleen Carey Daley, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 9th day of August, 1999, she did serve upon David E. Winston, the Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending to him, by certified mail, restricted delivery, to 4184 Cove Court, Apt. 107, Mechanicsburg, Pennsylvania 17055. The receipt for said Complaint is attached. Said copy ofthe Complaint was duly endorsed with notice to Defendant to appear and answer or the matter would proceed without him. By: Attorney No. 30078 1029 Scenery Drive Harrisburg, PA Ifu (717) 657-4795 Attorney for Plaintiff Esq. Sworn to bscribed before me this day 2000 SENDER: I also wish to receive the eCompbb hams/ sndforifforaddlonal services. CornpMe hems 3,45, and 4b. . folbwin9 services for an rune and WErew on the reverse of No form so out we= relum this • Prl u r dnt yo extra fee): y a u e Aftech Je io m to the from of the meilpleoa, or on the back h apace does not ca 1. ? Addressee's Address ppaa""h' R th b l th dd b i 3Restdcted Delivery e num e ow e ar s. e r i te Reim R e article Nl allow fo era artlde was delivered end the dale R t i t ill to S p w e ece p w ece e ed Consufl postmaster for lee tlNw rr . ee e,e.1eM ,.,..r- 3. Antc a Adtlressed to. 1 r jpld?tv?o?\i\-- 1U1??c LU ?QG??LL4I CSY,?'? 1 1 5. Received By: (Print ftm S . SI mature: (Address Ovt X I 2 G dt ! PSPS Fonn3811, DecDecember 1994 ad cenmed Mail ? Insured cebt for Merchandise 0 COD ,C/ ? Jy ressee's Addb ress (Onry 1! requested and lee is paid) tozseseesmzs n- v) ' y U : I ? J C,v 'I U) iu !J2 .i ? n _ti r BRENDA L. WINSTON, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 99-4683 CIVIL DAVID E. WINSTON, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under §3301(c) of the Divorce Code was filed on August 4, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. Date: &0 By: ' BRENDA L. WINSTON, Plaintiff Social SecurityNo. /a d `l a 43 ? I ?) l .. 1 lD , } D M ?s ,I o -c ?mm 5 v m m O• Z Z C cn Z m c se < & O 10 .n T D n .rte ? BRENDA L. WINSTON, Plaintiff V. DAVID E. WINSTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4683 CIVIL IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(0 OF THE DIVORCE CODE 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's fees or expenses if I do not claim them before a divorce is granted. 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 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: Lo Cy By: ? o(, G? - ?? BRENDA L. WINSTON, Plaintiff BRENDA L. WINSTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. DAVID E. WINSTON, NO. 99-4683 CIVIL Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on August 4, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 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 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. \ avid E. Winston, Defendant Social Security No. 733-44-7034 DATE: June 9, 2000 u? ?- cv ? tl ?. 1,J CV • :111] _? 11fL c-J U D C= § -00 m CT Z m 01 Z ? p ? 0 NDa ? Z '17 Dm n v N _ BRENDA L. WINSTON, Plaintiff V. DAVID E. WINSTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4683 CIVIL IN DIVORCE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand 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. 3. 1 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 18 Pa.C.S. §4904 relating to unsworn falsifications to authontie "_ t tom) ^ ---?- avid E. Winston, Defendant DATED: June 9, 2000 i' f- ' ?O CL CL D a mm s 0, ZZ O ZZM y K <o O ND T ? ' H D n N BRENDA L. WINSTON, Plaintiff V. DAVID E. WINSTON, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 994683 CIVIL IN DIVORCE PRAECIPE Please withdraw Count II, Equitable Distribution, Count III, Alimony, and Count IV, Alimony Pendente Lite, Counsel Fees, Costs and Expenses, from the Divorce Complaint which was filed on August 4, 1999, in the above-captioned divorce action. Respectfully submitted, LAW OFFICES Date: 6 -? -Gu Kathleen Carey Dal Attorney No. 3007F 1 1029 Scenery Driv Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff