HomeMy WebLinkAbout94-02661
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND
COUNTY
STATE OF
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,James K. Reed
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Plaintiff
Vl'I....ns
,Randi L. Swanson Reed
Defendant
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DECREE IN
DIVORCE
ANDNOW..".~~.1.~.,., 19q~..,
it is ordered and
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decreed that. " , . ., .' , . ~!,!".e!l. !(,', ~!"!"!I. ,. . . , .. , , . . , " , . . . . .,. , " plaintiff,
and. ,. ., ., " ,. . , " ,. . . . .Randi ,L. ,5wansQn .J!.eeQ. " . " , . ., . . . ", defendant,
ore divorced from the bonds of matrimony,
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The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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AGREEMENT, made this ,.;2 X .N" day of 0..;,1.... (, -c, , 1994, by and
between Randi L. Swanson Reed of 2421 Berryhill Street, Harrisburg, Pennsylvania
17104, hereinafter referred to as "Wife", and James K. Reed of 509 S. College Street,
Carlisle, Pennsylvania 17013, hereinafter referred to as "Husband",
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on 5
December 1988 in Rockville, Montgomery County, Maryland. There were no children
bom of this marriage.
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen
between the parties and it is the intention of Wife and Husband to live separate and
apart, and the parties hereto desire to settle their respective financial rights and
obligations as between each other including: settling of matters between them relating
to the past, present and future support and/or maintenance of Wife by Husband,
WHEREAS, the parties hereto wish finally and for all time to settle and determine
their respective and other rights growing out of their marital relation; wish to live
separate and apart, and wish to enter into their property and separation Agreement;
WHEREAS, both and each of the parties hereto have been advised of their legal
rights and the implications of this Agreement and the legal consequences which may
and will ensue from the execution hereof:
WHEREAS, Wife acknowledges that she is thoroughly conversant with and
accurately knows the size, degree, and extent of the estate and income of Husband,
and Husband acknowledges that he is thoroughly conversant with and knows accurately
the size, degree and extent of the estate and income of Wife;
NOW, THEREFORE, in consideration of the promises and of the mutual
promises, covenants and undertakings hereinafter set forth which are hereby
acknowledged by each of the parties hereto, Wife and Husband, each intending to be
legally bound hereby, covenant and agree as follows:
I. ADVICE OF COUNSEL: The provisions of this Agreement and their legal
.' ffecl,.are fully understood by the parties who acknowledge that they have a right to
legarcOunsel. The parties acknowledge that they have received independent legal
:'.advice from counsel of their selection and that they have been fully informed as to their
;.-1eg81 :rights and obligations and they acknowledge and accept that this Agreement is, in
,~,!he circumstances, fair and equitable and that it is being entered into freely and
voluntarily after having received such advice and with such knowledge and that
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execution of this Agreement is not the result of any duress or undue influence and that it
is not the result of any collusion or improper or illegal agreement or agreements and the
parties hereto state that he or she, In the procurement and eXeCIJtion of this Agreement,
has not been subjected to any fraud, concealment, overreaching, imposition, coercion,
or other unfair dealing on the party of the other, or on the part of the other's counsel.
2. WARRANTY OF DISCLOSURE: The parties warrant and represent that they
have made a full disclosure of all assets and their valuation prior to the execution of this
Agreement. This disclosure was in the form of an informal exchange of information by
the parties and this Agreement between the parties is based upon this disclosure,
3. PERSONAL RIGHTS AND SEPARATION: Wife and Husband may and shall,
at all times hereafter, live separate and apart. They shall be free from any control,
restraint, interference or authority direct or indirect by the other in all respects as if they
were unmarried. They may reside at such place or places as they may select. Each
may. for his or her separate use or benefit, conduct, carry on, or engage in any
business, occupation, profession or employment which to him or her may seem
advisable, Wife and Husband shall not molest, harass, disturb or malign each other or
their respective families of each other nor compel or attempt to compel the other to
cohabit or dwell by any means or in any manner whatsoever with him or her.
4. DIVORCE PURSUANT TO SECTION 3301(0) OF THE DIVORCE CODE. The .
parties intend to secure a mutual consent, no.fault divorce pursuant to the terms of
Section 3301(c) of the Divorce Code of 1980.
5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties
agree that the terms of this Agreement may be incorporated into any divorce decree
which may be entered with respect to them, Notwithstanding such incorporation, this
Agreement shall not be merged in the decree, but shall survive the same and shall be
binding and conclusive on the parties for all times,
6, DATE OF EXECUTION: The "date of execution" or "execution date" of this
Agreement shall be 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.
7. PERSONAL PROPERTY: The parties have divided their personal property to
their satisfaction. Husband shall have exclusive possession of the parties' two (2)
dachshunds.
8, BANK ACCOUNTS: For the mutual promises and covenants contained in this
Agreement, Husband and Wife hereby waive all right, title and interest they may have
by equitable distribution In their respective bank accounts, checking or savings, if any,
and each party waives against the other any duty of accounting for disposition of any
jOintly held funds.
9. MOTOR VEHICLES: With respect to the motor vehicles owned by one or
both of the parties, they agree as follows:
a. Both parties shall retain exclusive ownership of all vehicles in their respective
possession at the time of the signing of this Agreement.
b, Wife shall retain possession and ownership of her 1993 Pontiac Firebird.
c, Husband shall retain possession and ownership of his 1993 Firebird Formula,
10, AFTER.ACQUIRED PERSONAL PROPERTY: Each of the parties shall
hereafter own and enjoy, independently of any claim or right of the other, all items of
personal property, tangible or Intangible, hereafter acquired by him or her with full
power, in him or her to dispose of the same as fully and effectively, in all respects and
for all purposes, as though he or she were unmarried,
II. REAL ESTATE: The parties hereto acknowledge and agree that they are
owners by the entireties of a certain improved tract of real estate situated in Carlisle,
Cumberland County, Pennsylvania recorded in Book V35, Page 727 of the Land
Records of Cumberland County with a mailing address of 509 S, College Street,
Carlisle, Pennsylvania 17013.
The parties agree that Husband shall have the option to refinance the marital
home into his own name no later than May I, 1995 provided that the payment of
$10,000.00 set forth in Paragraph 35 of this Agreement is made on or before November
I, 1994, If said property is not refinanced by May I, 1995, the property shall be placed on
the market by May 15, 1995 and Husband shall retain all proceeds of sale, Wife agrees
to convey all her right, title and interest without further consideration upon Husband's
refinancing the marital home no later than May I, 1995. Wife will execute any documents
necessary to assist Husband in refinancing said property,
If Husband fails to pay the $10,000,00 set forth in paragraph 35 of this Agreement
on or before November I, 1994, the property shall be placed on the market for sale no
later than November 15, 1994 and the parties will divide the proceeds equally,
The listing price, If necessary, of said property shall be the average of two fair
market appraisals as selected by each party.
Husband agrees to indemnify wife and hold her harmless from 8ny and all liability
for the mortgage, mortgage payments, costs and expenses of said home,
12. B!:CIPROCAL WAIVERS OF PENSION INTEREST:
a. Both parties waive any Interest they may have in any pension or profit-sharing
plan held by the other party,
13. DEBTS: Except as otherwise herein expressly provided, the parties shall and
do hereby mutually remise, release and forever discharge each other from any and all
actions, suits, debts, claims, demands and obligations whatsoever, both in law and in
equity, which either of them ever had, now has, or may hereafter have against the other
upon or by reason of any matter, cause or thing up to the date of the execution of this
Agreement.
Husband shall be responsible for the following marital debts. Husband
indemnifies and holds wife harmless from any and all liability for said debts.
a, DAFCU Consolidation Loan (Paid by Dec. 31, 1994)
b, DAFCU Visa (Paid by Dec. 31, 1994)
c, Norwest Financial (Paid by Dee, 31, 1994)
d, Resorts U,S,A, (Paid by Dec. 31, 1994)
e, Loan from Darleen and Larry Swanson in the amount of $6.000.00 (Paid by
Dec. 31, 1994)
14, WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that
they have not heretofore incurred or contracted for any debt or liability or obligation for
which the estate of the other party may be responsible or liable except as may be
provided for in this Agreement. Each party agrees to indemnify or hold the other party
harmless from and against any and all such debts, liabilities or obligations of every kind
which may have heretofore been incurred by them, Including those for necessities,
except for the obligations arising out of this Agreement.
15. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each
covenant, warrant, represent and agree that each will not and at all times hereafter save
harmless and keep the other indemnified from all debts, charges and liabilities incurred
by the other after the execution date of this Agreement, except as may be otherwise
specifically provided for by the terms of this Agreement and that neither of them shall
hereafter Incur any liability whatsoever for which the estate of the other may be liable,
16 WAIVER OF SUPPORT:
a, Husband hereby waives all his right to claim against Wife support, alimony,
alimony pendent lite, counsel fees and expenses.
b. Wife hereby waives all right to claim against Husband support, alimony,
alimony pendente lite, counsel fees and expenses,
17. MUTUAL RELEASES: Husband and wife each do hereby mutually remise,
release, quitclaim 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, title and
Interests, or 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 he or she 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 of liabilities of such other or by way of dower,
courtesy, or claims in the nature of dower or courtesy or 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 will; 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 either party may have or at any time hereafter have for past, present or future
support or maintenance, alimony, alimony pendente lite, counsel fees, equitable
distribution, 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 provision thereof. It is the intention of 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 whatsoever nature arising or which may arise under this Agreement or for
the breach of any provision thereof.
lB. DIVORCE: Husband has commenced an action for divorce from Wife
pursuant to Section 3301(c) of the Pennsylvania Divorce Code (irretrievable breakdown).
Both parties shall, at the time of the execution of this Agreement, furnish
Husband's attorney with an Affidavit evidencing that each of them consents to the
divorce, It is further agreed and understood that any decree of divorce issuing in this
matter shall reflect the fact that Husband will bear the cost of same in his individual
capacity.
a. Each of the parties agree that this Agreement represents a complete and final
agreement as to their respective property rights which arose from the marital relation
and therefore mutually waive any and all rights they may have under Section
3502(Equitable Distribution) of the Pennsylvania Code, Act No, 19BO-26.
b. This Agreement may be offered into evidence in the action for divorce and
may be incorporated by reference in the decree to be granted therein, Notwithstanding
such incorporation, this Agreement shall not be merged in the decree, but shall survive
the same and shall be binding and conclusive on the parties for all time.
19, LEGAL FEES: In the review and preparation of this Agreement each party
shall bear hislher own legal fees,
20, REMEDY FOR BREACH: If either party breaches any provision of this
Agreement, the other party shall have the right, at his or her election, either to sue for
damages for such breach in which event the breaching party shall be responsible for
payment for legal fees and costs incurred by the other in enforcing their rights
hereunder or to seek such other remedies or relief as may be available to him or her,
21. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that
this Agreement constitutes an equitable distribution of property both real and personal,
which was legally and beneficially acquired by Husband and Wife or either of them
during the marriage as contemplated by The Act of April 2, 1980, known as "The Divorce
Code." 23 P,S. 101, et seq, of the Commonwealth of Pennsylvania, and as amended,
22. SUMMARY OF EFFECT OF AGREEMENT: It is speCifically understood and
agreed by and between the parties hereto, and each party accepts the provisions herein
made in lieu of and in full settlement and satisfaction of any and all of said parties'
rights against the other for any past, present and future claims on account for support,
maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses,
equitable distribution of marital property and any other claims of each party including all
claims raised by them in the divorce action pending between the parties,
23. TAX CONSEQUENCES: By Agreement, the parties have intended to
effectuate and by this Agreement have equally divided their martial property, The
parties have determined that such equal division conforms to a right and just standard
with regard to the rights of each party. The division of existing marital property is not,
except as may be otherwise expressly provided herein, intended by the parties to
institute in any way a sale or exchange of assets and the division is being effected
without the introduction of outside funds of other property not constituting a part of the
marital estate.
24, MUTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT: Each
party shall, at any time and from time to time hereafter, take any and all steps to
execute, acknowledge and deliver to the other party any and all further instruments
and/or documents that the other party may reasonably require for the purposes of giving
full force and effect to the provisions of this Agreement.
25, RECONCILIATION: The parties shall only effect a legal reconciliation which
supersedes this agreement by their signed agreement containing a specific statement
that they have reconciled and that this agreement shall be null and void; otherwise, this
agreement shall remain in full force and effect. Further, the parties may attempt a
reconciliation, which action, if not consummated by the aforesaid agreement, shall not
affect in any way the legal affect of this agreement or cause any new marital rights or
obligations to accrue.
26, SEVERABILITY: 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 provisions shall be stricken from this Agreement
and in all other respects this Agreement shall be valid and continue in full force, effect
and operation. Likewise, the failure of any party to meet her or his obligations under
anyone 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,
27, NO WAIVER OF DEFAULT: This Agreement shall remain in full force and
effect unless and until terminated under and pursuant to the terms of this Agreement.
The failure of either party to insist upon strict performance of any of the provisions of
this Agreement shall in no way affect the right of such party hereafter to enforce the
same, nor shall the waiver of any breach of any provisions hereof be construed as a
waiver of any subsequent default of the same or similar nature, not shall it be construed
as a waiver of strict performance of any other obligations herein,
28. INTEGRATION: This Agreement constitutes the entire understanding of the
parties and supersedes any and all prior agreements and negotiations between them.
There are no representations or warranties other than those expressly set forth herein.
This Agreement shall survive integration by any court into any judgment for divorce and
shall continue to have independent legal significance as a written contract separate from
such judgment for divorce and may be enforced as an independent contract.
29, EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise
specifically provided herein, this Agreement shall continue in full force and effect after
such time as a final decree in divorce may be entered with respect to the parties.
30. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or
waiver of any of the terms hereof shall be valid unless in writing and signed by both
parties and no waiver of any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature,
31. CAPTIONS: The captions of this Agreement are inserted only as a mailer of
convenience and for reference and in no way defined, limit or describe the scope and
intent of this Agreement, nor in any way effect this Agreement.
32. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and
shall inure to the benefit of the parties hereto and their respective heirs, executors,
administrators, successors, and assigns.
33, LAW OF PENNSYLVANIA APPI,.ICABLE: This Agreement shall be
construed in accordance with the laws of the Commonwealth of Pennsylvania.
34. TAXES: The parties shall file separate income tax retums for tax year 1994
and agree to exchange tax returns for 1994 (Federal, State and Local) upon their
completion,
35, In consideration of wife's marital interest in all marital property, whether real
or personal, husband shall pay to wife the sum of $10,000.00, Said payment must be
made no later than November I, 1994 provided that both parties execute this agreement.
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IN WITNESS WHEREOF, the parties have set their hands and seals to two
counterparts of this Agreement, each of which shall constitute an original, the day and
year first above written.
Witness:
PL/i F /l'11/Y Y
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~ames K. Reed
COMMONW~TH OF. PENNSYLVANIA:
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COUNTY OF No :
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On this the ~ day of j. , 1994, before me, a notary public,
the undersigned officer, persona ry appeared Randi L. Swanson Reed, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that she executed the same for the purposes therein
contained,
In Witness Whereof, I hereunto set my hand and notarial seal.
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COMMONWEALTH OF PENNSYLVANIA:
SS
COUNTY OF FRANKLIN
On this the /i, day of ",'-,:'f ,1994,beforeme,anotarypublic,
the undersigned officer, personally appeared James K. Reed, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed the same for the purposes therein
contained.
In Witness Whereof, I hereunto set my hand and notarial seal.
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EXHIBIT A
ASSETS
Husband shall have possession and ownership of:
2 Dachshund male dogs
Piano
Bedroom Furniture
2 Desks
Loveseat and matching chair
Fishing Equipment
Books
Bear Print
Deer Print
Brook Trout Print
2 Carved Trout
Sony Stereo
Wife shall have possession and ownership of:
Robert Bateman Print
Rabbit Print
RCA Television (27")
Microwave
Dishes & Utensils
Dining Room Furniture
Garage Shelves
Fish tanks and equipment
Neither party has any undisclosed investments, IRA's or other assets.
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ames K. Reed
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
James K. Reed, * civil Action - Law
plaintiff *
*
v. * ~
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Randi L. Swanson Reed, *
Defendant * In Divorce a.v.m.
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 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 grounds 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, 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,
Legal Reference Service of Cumberland Counties
Cumberland County Courthouse, Carlisle, PA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
James K. Reed, * Civil Action - Law
Plaintif f *
*
v. * F.R.
*
*
Randi L, Swanson Reed. *
Defendant * In Divorce a.v,m.
COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE
1.
Plaintiff is James K, Reed, who currently resides
at 509 S. college Street. carlisle, Cumberland County,
Pennsylvania, since September. 1992,
2.
Defendant is Randi L. Swanson Reed. who currently
resides at 4224F Heathrow Court. Harrisburg, Dauphin County,
Pennsylvania. since July, 1993.
3.
plaintiff has been a bona fide resident of pennsylvania for
at least six months immediately previous to the filing of this
complaint.
4.
The Plaintiff and Defendant were married on 5 December 1988
in Rockville, Montgomery County, Maryland.
.,
5.
There have been no prior actions of divorce or for annulment
between the parties.
6.
plaintiff has been advised of the availability of counseling
and that he may have the right to request that the court require
the parties to participate in counseling.
7.
The marriage is irretrievably broken.
B.
plaintiff requests the court to enter a decree of divorce.
ames K. Reed, Esquire
Pro Se
David C. Cleaver & Assoc. P.C.
1035 wayne Avenue
Chambersburg, PA 17201
(717) 264-1110
I verify that statements made in this Complaint are true and
correct. I understand that false statements herein are made
subject to the penalties of perjury contained in 18 Pa.C.S.A.
Section 4904. relating to unswo 'fication t authorities.
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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. Section 4904 relating to
unsworn falsification to authorities.
Date: /(J/ 3'11 'f
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Plaintiff
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IN '1'HE COURT OF COM:l!O!. PLEAS
CUMBE~L~~D CCu~TY - PENNSYLVhNIA
James K. Reed.
CiVll Action - Law
plaintiff
vs.
94-2661 Civil Term
Randi L. Swanson Reed.
Defendant
In Divorce a.v,m.
i'.FFIDAVIT OF' C0NSIlli1:
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A Complaint in Dlvo:-ce under Section 3301 (clo:t!.:t:he c..u
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The marriage of Plaintifi and Defendant is i~r~rie~bly ,
Divorce Code was filed on May If. l~94.
2,
broken. and ninety (90) days have elapsed from ~he dat~ of tiling
the Complaint.
3 .
I consent to an e~try of a tinal decree of dlvorce.
4.
I understar.d r.hat I way lose rights concerning alimony,
division of property. laW'.t'er' s fees. or expenses jf I do nQt
claim them before a divorce is grantad,
5.
I understand that court costs in this rr.cltc.e~ are to be paid
by Plaintiff,
. .
,
.
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. Section 4904 relating to
unsworn falsification to authorities.
Dace: lO'~B'A'
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Defendant