HomeMy WebLinkAbout99-06351
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
r
...CYNTHIA SMITH..
u....G35.? .......... ................. 1999
Versus
LEONARn SMITH
DECREE IN
D I V O R C E 4-q,'3S1,,41,
AND NOW, ....../yl 4.t*14 ...?........ )]V.2000., it is ordered and
decreed that . MiTUTA .-RITTH ................................. plaintiff,
Lf:nNARn, f1ITH................................ defendant,
and ...................
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;
NONE
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CYNTHIA SMITH,
Plaintiff
Vs.
LEONARD SMITH,
Defendant
AND NOW, this
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 1999-6351
CIVIL ACTION - LAW
IN DIVORCE
7 44\ Day of M 6"A 2000, it is hereby
Ordered that the Separation Agreement dated May 16, 1999 and the Addendum to the
Separation Agreement dated August 30, 1999 are hereby made an Order of Court and
are incorporated herein and made apart hereof.
BY THE COURT:
J.
Distribution:
Prothonotary
Leonard Smith, Defendant, Pro se
Diane M. Rupich, Esquire, Attorney for Plaintiff'
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`SEPARATION AGREEMENT
THIS AGREFMF.NT, is made this /txL-day of
1999, by and bet%-xen:
CINDY SMITH, of Cumberland County. Pennsylvania. hereinafter referred
to as Wife:
-AND-
LEONARD SMITH, of Cumberland County. Pennsylvania. hereinafter
referred to as I-Imband:
WITNCSSFTH:
WHF.RFA.S. Husband and Wife were lawfully married on March 14. 1981 in
Harrisburg. Pennsylvania: and
WHF.RF.A!?. there are two minor children horn of the marriaee: namely:
Kevin. age I I years; and
Jeffrey. age 6 years.
causing them to believe that their marriage is irretrievably broken, as a result of which
they have separated and now live separate and apart from one another.
NOW THEREFORE, in consideration of the mutual promises, covenants and
undertakings hereinafter set forth and for other good and valuable consideration, the
receipt of which is hereby acknowledged by each of the parties hereto, husband and
wife, each intending to be legally bound, hereby covenant and agree as follows:
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
deem fit. Each party shall be free from interference, authority or 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
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existence, separate and apart from the other.
2. EFFECTIVE DATE,
The effective date of this Agreement shall be the "date of execution" or
"execution date", defined as the date upon which it is executed by the parties if they
have each executed the Agreement on the same date. Otherwise, the "date of
execution" or "execution date" of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
3. MUTUAL CONSENUADVICE OF COUNSEL.
Husband and wife acknowledge and understand the terms and conditions of
this Separation Agreement, acid wife is represented by Diane M. Rupich, Esquire, and
husband is not represented at this time. Each party acknowledges that he or she
has received or has been given an opportunity to receive independent legal advice from
counsel of his or her selection and was fully informed as to his or her legal rights and
obligations.
Husband and wife acknowledge that they fully understand the facts as to their
legal rights and obligations under this Agreement. Husband and wife acknowledge
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and accept that this Agreement is, under the circumstances, fair and equitable and that
it is being entered into freely and voluntarily, and that the execution of this Agreement
is not the result of any collusion or improper or illegal agreement or agreements.
4. FINANCIAL DISCLOSURE.
The parties confirm that each has relied on the substantial accuracy of the
financial disclosure of the other as an inducement to the execution of this Agreement.
5. DEBTS AND OBLIGATIONS.
Husband represents and warrants to wife that since the parties March 30, 1999,
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 such
debts or obligations incurred by him since the date of said separation, except as
otherwise set forth herein.
Wife represents and warrants to husband that since the parties March of 1999,
she has not, and in the future she will not contract or incur any debt or liability for
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which husband or his estate might be responsible and shall indemnify and save
husband harmless from any and all claims or demands made against him by reason
of such debts or obligations incurred by her since the date of said separation, except
as otherwise set forth herein.
6. REAL ESTATE
Husband and Wife hereby acknowledge that they are the joint owners of the real
estate located at 2 Lonk Lane, Mechanicsburg, Cumberland County, Pennsylvania,
and that said real estate is currently on the market and up for sale. The parties hereto
agree that upon sale of the real estate, and after payment of the first and second
mortgage, and all other liens against said real estate, that there will be a balance still
owed of approximately 433 , 00.00, and that there will not be any net proceeds
remaining to be divided between the parties.
Husband and wife hereby acknowledge that along with the deficiency balance
remaining on the real estate, there is a additional $65,800.00, approximately, in other
debt, such as credit cards and loans, and the parties herein, agree that said debt shall
be disbursed between them as follows:
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Husband hereby agrees to be solely responsible for the PSFCII debt -
$6,000.00. Mellon Flank credit card - $14,400.00. VIP loan through his retirement -
$14,000.00. and any and all deficiency balance from the sale of the real estate -
approximately 0 9000.00, and hereby indemnities and holds wife harmless from the
payment of these debts. Husband also agrees to he solely responsible for the
repayment of the sum of $5.654.00.. which is a loan he is taking against his retirement.
and paying to wite. see Pensions and Retirements set forth herein.
Wife hereby agrees to be solely responsible for the Chase mastercard -
$9,400.00, Wachovia credit card $5,500.00, First USA visa - $12.8110.011 and PSFCI I
debt - $3.700.00. and hereby indemnities and holds husband harmless from the
payment of these debts.
7. PERSONAL PROPERTY.
Except as set forth hereto, husband and wife have agreed that their personal
property has been divided to the parties' mutual satisfaction and neither party will
make any claims to the property possessed by the other. except as set forth hereto:
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8. PENSION AND RETIREMENT
Husband and Wife hereby acknowledge and confirm that husband has a
retirement/ 401 K plan through his employment, and upon payment of $5.654.00 to
wife, said payment to be made simultaneously with the signing of this Agreement.
wife hereby waives all of her right, title and interest in hushand's retirement/ 401 K
and any and all other employment related retirement benefits. Husband and wife
hereby acknowledge that wife is currently receiving a monthly income from her
retirement through the Commonwealth of Pennsylvania. and husband hereby waives
all of his right, title and interest in said employment related retirement of wife.
9. WAIVER OF MUM
The parties hereto fully understand their rights under and pursuant to the
Divorce Code. Act of 1980. No. 1980-26, as amended February 12. 1998. particularly
the provisions for alimony pendente lite. spousal support. equitable distribution of
marital property, attorneys fees. and expenses. Both parties agree that this Agreement
shall conclusively provide for the distribution of property under the said la%v and the
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parties hereby waive, release and forever relinquish any further rights they may
respectively have against the other for alimony, alimony pendente lite, spousal
support, equitable distribution of marital property, attorneys fees, and expenses,
except asset fimh herein,
10. MUTUAL RELEASE OF CLAIMS,
Except toy otherwise stated in this Agreement, husband and wife each do hereby
mutually remise, release, quitclaim and forever discharge the other, for all time
to conic, and liar all purposes whatsoever, of and from any and all rights, title and
interests, or claims in or against the property (including income and gain from the
property herealler accruing) of the other or against the estate of each other, of
whatever nature and wheresoever situate, which he or she now has or at any time
herealler may have; specifically including any rights which either party may have or
at tiny time hereafter have f'or past, present, or future spousal support, or maintenance,
alimony, alimony pendente lite, spousal support, equitable distribution of marital
property, attorneys fees, costs or expenses, whether arising as a result of the marital
relation or otherwise, except as set forth herein.
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It is the intention of the husband and wife 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
obligations of whatsoever nature arising or which may arise under this Agreement or
for the breach of any provision thereof.
Husband and Wife hereby agree that primary physical and legal custody of the
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minor children, Kevin and Jeffrey, shall be in mother Smith. Father, Leonard
Smith, shall be entitled to partial custody as set forth on the schedule attached hereto
and marked Exhibit "A".
Mother and Father hereby agree that the above schedule may be extended and
modified as mutually agreed upon between them.
Father hereby agrees to pay to Mother the sum of Three Hundred and no/100
($300.00) Dollars per morA-for the support of the minor children, said payment to
each and every month, commencing the
be received by mother by the 00
month of 017 4" ? Hiand further agrees to be solely responsible
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for the payment of the children's tuition in full, for attendance at c tholic schools:
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hc parties acknowledge nd confirm their agree ent t
'' that the minor children have,
prior to separation, and will continue to attend catholic schools until they have
graduated from high school. Father agrees that as the tuition is increased by the
institutions, he will be solely responsible for said increases.
Mother and father hereby agree that the above support amount payable to
mother shall continue for a period of three (3) years from the date of this Agreement.
Both parties realize that unnn-the expiration of said three (3) years, either party may
file through the
Domestic
for hn establishment of a
support Order. Father also u-ti derstands-that4lie.faile-6 make the payments as set
forth herein, mother may file through the appropriate domestic relations office for the
enforcement of this provision, or to modify this provision.
Mother and Father hereby acknowledge that custody and partial custody as set
forth above, may be modified or specified at any time, by either party filing with the
Court of appropriate jurisdiction a request to modify and seeking the assistance of said
Court.
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12. WAIVER OR MOD1F1 ATION TO B IN wRITiN
A modification or waiver of any of the terms of this Agreement shall be effective
only if in writing, signed by both parties, and executed with the same formality as this
Agreement. No waiver of any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature.
13. MUTUAL COOPFRATION
Each party shall, at any time and from time to time hereafter, take any and all
steps and execute, acknowledge and deliver to the other party, any and all future
instruments and/or documents that the other party may reasonably require for that
purpose of giving full force and effect to the provisions of the Agreement.
14. A .R ..M .NT BINDIN ON HFIR4
This Agreement shall be binding and shall inure to the benefit of the parties
hereto and their respective legatees, devises, heirs, executors, administrators,
successors, and assigns in the interest of the parties.
15. BREACH.
If either party breaches any provision of this Agreement, the other party shall
have the rights, at his or her election, to sue in 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 payment of attorneys fees and all costs incurred by the other in
enforcing his or her rights under this Agreement.
16. LAW OF PENNSYLVANIA APPLICABLE,
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania.
17. HEADINGS NOT PART OF AGREEMENT.
Any headings preceding the text of the several paragraphs/provisions and
subparagraphs hereof, are inserted solely for convenience of reference and shall not
constitute a part of this Agreement nor shall they affect its meaning, construction or
effect.
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18. DIVORCE.
The parties hereto agree that wife may file a divorce action on or about
October I. 1999. on the grounds that the marriage is irretrievably broken. and
husband hereby agrees that upon the expiration of the required ninety day waiting
period. namely. January of 2000. he will execute the necessary consents so that said
divorce action may become finalized. at that time. It is hereby agreed that Wife shall
be solely responsible for the payment of attorney's fees for the institution of said
divorce action.
It is the intention of Husband and Wife at this time. that the terms of this
Separation Agreement shall become a part of the final Decree in Divorce. and shall be
incorporated therein. but not merged therewith.
19. TIME SHARF.
The parties hereto agree that whichever one pays the maintenance fees on their
time share property in January. shall be permitted to utilize said time share that year.
It is anticipated that husband will pay the fees in January of 2000. and Wife in
January of 2001. and the parties shall alternate thereafter.
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20. INCOME..'!'
Husband and wife agree to file married filing jointly for the 1999 tax year.
and the parties :wree to share any tax refunds equally, one-half each. ac well as any
tax liability equally, one-half each. and commencing the year 2000, husband may
claim Kevin on I!is income tax return and wife may claim Jeffrey on her income tae
return and this sh ill continu 982.
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IN WI'T'NESS WHEREOF, the parties hereto have set their hands and seals
the day and year ! first above written.
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THIS ADDENDUM is made this ,j Day of)?L02L?1 ,19990
by and between:
CYNTHIA SMITH, hereinafter referred to as Wife;
AND
LEONARD SMITH, hereinafter referred to as Husband;
IN WITNESS WHEREOF, the parties hereto, intending to be legally
bound, do hereby agree to the following Addendum to the Separation Agreement
dated ,1999:
1. The payment of child support as provided for in Paragraph eleven (11) of the
Separation Agreement shall commence by Husband in the month following settlement
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of the sale of the marital real estate located at 2 Lonk Lane, Mechanicsburg,
Cumberland County, Pennsylvania and upon settlement of the sale of the 1995
Chevrolet Astro Van. Husband and Wife hereby agree that Husband shall receive
a sum of money from the sale of the 1995 Chevrolet Astro Van, said sum is
anticipated to be Three Thousand r Four Thousand ($3,000.00/$4,000.00) Dollars,
and is dependent upon the sales price received for the 1995 Chevrolet Astro Van, over
and above the sum of Ten Thousand ($10,000.00) Dollars.
2. The parties hereto ratify all other provisions of the Separation Agreement dated
'1999.
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IN WITNESS WHEREOF, the parties have signed their hands and seals the
day and year first above written.
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Witness
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Witness Leonard Smith
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CYNTHIA SMITH,
Plaintiff
Vs.
LEONARD SMITH,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 1999-6351
IN DIVORCE
Transmit the Record, together with the following information, to the Court for
entry of a divorce decree:
1. Ground for divorce: Irretrievably broken under Section (XX) 3301 (c) or
( ) 3301 (d) of the Divorce Code. (Check applicable section)
2. Date and manner of service of the Complaint: Certified Mail on October 27,
1999.
[Complete either Paragraph (a) or (b).]
(a) Date of execution of Affidavit of Consent required by Section
3301(c) of the Divorce Code by Plaintiff, January 31, 2000; by Defendant, January
30, 2000.
(b) Date of execution of Plaintiff's affidavit required by Section 3301 (d) of the
Divorce Code: N/A date of service of Plaintiffs affidavit upon Defendant: N/A.
4. Date of service of Notice of Intent to Finalize under Section 3301(d) of the
Divorce Code: N/A. Date of filing of Waiver of Notice of Intent to Finalize by
Plaintiff: simultaneously herewith; by Defendant: simultaneously herewith.
5. Related Claims Pending: None
BY: IT-/ -- - -7,1
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Diane M. RupicTi, squire
(717) 232-9724-
Attorney for (xx ) Plaintiff
( ) Defendant
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CYNTHIA SMITH, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS.
LEONARD SMITH,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
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 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.
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 T141S 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
1-800-990-9108
No, 99- &3 S
CYNTHIA SMITH,
Plaintiff
VS.
LEONARD SMITH,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 1999 • f, 3YI
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION 3301 (c) OF THE
DIVORCE CODE
I . The Plaintiff is Cynthia Smith, an adult individual who currently resides at 114
Ore Bank Road, Dillsburg, York County, Pennsylvania 17019 and whose social
security number is 173-544542.
2. The Defendant, Leonard Smith, is an adult individual, who currently resides
at 2 Harvard Place, Apartment A, Camp Hill, Cumberland County,
Pennsylvania 17055, and whose social security number is 205-44-1042.
3. Plaintiff and Defendant were married on March 14, 1981 in Harrisburg,
Pennsylvania.
4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for
a period of at least six (6) months prior to this filing.
5. Defendant is not a member of the Armed Services of the United States or its
allies.
6. Plaintiff and Defendant are both citizens of the United States.
7. There has been no prior action for divorce filed in any jurisdiction.
8. Plaintiff has been advised of the availability of marriage counseling, and has
waived said right.
9. There are two children born of the marriage.
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10, Plaintiff avers that the grounds on which this action is based are:
(a) That the marriage is irretrievably broken.
WHEREFORE, Plaintiff respectfully requests your Honorable
Court to grant a Decree in Divorce.
Respectrully submitted,
D1LS & RUPICH
BY:
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mane M: KujHcn, q'
1017 North Fr trcel
Harrisburg, PA 17102
(717) 232-9724
I.D. No. 71873
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I verify that the statements made in this Complaint in Divorce 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 unswom falsification to authorities.
Cyn&ia Smith
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CYNTHIA SMITH,
Plaintiff
Vs.
LEONARD SMITH,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 1999-6351
IN DIVORCE
I, Diane M. Rupich, Esquire, hereby certify that a true and correct copy of
the Complaint in Divorce under Section 3301 (c) of the Divorce Code was served
upon the Defendant, Leonard Smith, by First Class, United States, Certified Mail No.
Z 569 114 903 at his address of 2 Harvard Place, Apartment A, Camp Hill, Pa.
17011.
Attached hereto is the return receipt card executed by Leonard A. Smith
evidencing receipt of the same dated
er,27, 1999.
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Diane M. Rupic
(717) 232-9724
I.D. No. 71873
February 7, 2000
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CYNTHIA SMITH,
Plaintiff
LEONARD SMITH,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 1999-6351
DIVORCE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 18, 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. 1 consent to the entry of a final Deeree in Divorce.
4. 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.
5. 1 have been advised of the availability of marriage counseling, and being so
advised, I do not request that the Court require my spouse and myself to participate
in marriage counseling.
I verify that the statements made in this affidavit arc true and correct. I understand
that false statements made herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unswom falsification to authorities.
Date: 1 o
`Leonard Smith, Defendant
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CYNTHIA SMITH,
Plaintiff
Vs.
LEONARD SMITH,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-6351
CIVIL ACTION - LAW
IN DIVORCE
1. I consent to the entry of a final Decree in 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.
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 Waiver 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 unswom falsification to authorities.
Date: 1130 ?a a oo-eih.C?(
L onard Smith, Defendant
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CYNTHIA SMITH, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
No. 1999-6351
LEONARD SMITH,
Defendant
DIVORCE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 18, 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 in Divorce.
4. 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.
5. 1 have been advised of the availability of marriage counseling, and being so
advised, I do not request that the Court require my spouse and myself to participate
in marriage counseling.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements made herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unswom falsification to authorities.
Date: /- / 2? r?r/ )I CU?v
Cynthi Smith, Plaintiff
i ? ? i ? lat. YY r?.
CYNTHIA SMITH,
Plaintiff
Vs.
LEONARD SMITH,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-6351
CIVIL ACTION - LAW
IN DIVORCE
1. I consent to the entry of a final Decree in 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.
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 Waiver 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.
Date: /-3l- -2t-t-j
Cynthia Smith, Plaintiff
' "Y