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HomeMy WebLinkAbout95-01426 -f c .0 - o 7' J"" II.) c ,0 - o Eo t>> F J .3 Cil -:r - I . . *----~~~-~-~~-~--~--~).~-~~:.~..~_.~~.-~.~ $' ~ ~ ~ ~ $ ~ '.' ,~ ~ $ 8 w ',' ~ ',' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. ,', ~ JOANN CLlONSKY 'I I N ()...J".~.L...... ...........,...., 19 95 w ',' ~ ',' PLAIN.TIFF ~ Vel'RlIS w ... Lt:t: CLlONSKY ;: ~ Dt:Ft:NDANT ~ " S ~ ',' DECREE IN DIVORCE ~ ~q ~ " ,', ~ AND NOW, .. .. .... .... f 11-I,... t?-,:...., 19 ..~(., it is ordered and decreed that..".. ,-1l,l~~,<;:!-~9~~\<Y....,......................., plaintiff. and. . . , . . , , , , , . , , , , ,L.t:.t:. ,C.L.l,O.N.S,~Y, , , , , , . , , , . , . . . , . , , . . .. . , . , , " defendant. are divorced from the bonds of matrimony. ~ M :. a '.' i '.' ,~ ~ 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; NONt:. w ',' ~ ~ ,~t;, ~l?, ~':InJ:1~~, C!~1.>~~~1.>, ':I1,,~,1.>~9~~~1.>, r.~!Ir, r~!!, ~!'~~~!'Il!!, ;;~r.P!!!'l!!!Ir. ~IlF~~!D~!I", l"xecute $ by and bet.ween t.he parties, dated May 16, 1995, is incorporat.ed by reference ,iut..o, this, Decree, for ,the. purposes, of, enforcement.,. but., shall, not, be, deemed, to have been merged with Ihis Decree. ~ * ~ ~A;;L Alle.t: ~ e./JdJ&t. ~_.~?~,/ Lk.' ~'m k'~ . . ;// ,/ ~ Prothonotnry ~ ~ ',' ~ ~ ~I ~I ~ .. ~;.;t:- .:..:. .:. ~ .~~~~~~'~~*******_*oc.'~~.~ ~ ~ a '.' s ~.~ ~ $ S a '.' s a ~.. .', $ S ,.; S .;, " !, .', ~ ~ ~ ~ ~ '.' ,'~ ~ ,', ~ i ".~ *- '.' ~ ,,~ ~ ~ '.' ~ ',' ~ ~ '.' ~ ',' IS \ . }~ I' !~ (0.' I, ''0 i"o' !~ .ml-41IDDI,...,MloivAPril27; 199' . AGREEMENT MADE this Ivl,-I, day of , DCa.u _ AND 0 LEE 1995, by and between JOANN CLIONBRY ("Wife") _ ("Husband"), at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife having been CLIONSltY married on June 13, 1971, at Easton, Pennsylvania. WHEREAS, two (2) children were born of this marriage; said children being: John David Clionsky, born December 23, 1971; Rachel Lynn Clionsky, born October 4, 1978. 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 for the rest ot their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling ot all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all mattArs between them relating to the past, present and future support andlor maintenance of their children; the implementation of custody/visitation arrangements for the minor child of the parties; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. WHEREAS, this Agreement shall supersede and replace all prior agreements between the parties relating to the matters addressed herein SMIOtll..,\l\'DERHON.ok S.U'I(H 2917 NORTH FRONT STREET, HARRISBURG. PENNSYLVANIA 17110.1223 such that execution of this Agreement shall cancel, nullify and void any and all such prior agreements. NOW, THEREFORE, in consideration of the foregoing 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Secaration. The parties agree to the entry of a decree in divorce pursuant to section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of ( " t , 'i r , l , " i j I either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2. Division of Procertv. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. The following property shall become the sole and exclusive property of Husband: 1. 1987 Vanagon. - 2 - SMlfJ..:140 ~\N'DER"'OX B: H.\.("KH 2917 NORTH FRONT STREET. HARRISBURG. PENNSYLVANIA 17110-1223 2. 1982 Wave Runner and Trailer. 3. All certificates of Deposit and bank accounts in Husband's name including, but not limited to: a. Dauphin Deposit Bank Account 123-12258-7. b. Dauphin Deposit Bank Account 11045443-8. 4. Property located at 863 Pennsylvania Avenue, Lemoyne, Pennsylvania. s. Furnishings located at 2907 Dickinson Avenue, Camp Hill, Pennsylvania as follows: a. Dining room table and chairs, desk, and floor lamp. b. Living room leather furniture, TV, stereo equipment, glass table, marble top table and all model cars. c. Basement modular office furniture, safe, computer, file, wooden rocker. d. Bedroom cedar chest. e. Outdoor equipment will be shared or divided as the parties mutually agree. 6. Sole interest and liability in the following businesses: a. Coble's Transfer and storage. b. Modular systems, Inc. c. Kennedy, Clionsky & King. d. Rivers Edge Apartments. Husband's interest in the aforesaid businesses are subject to all liability, past, fresent, and future, whether or not said liab lity is disclosed or undisclosed, known or unknown. - J - SMlfU':J4. j\:\"J)Jo:JtHOS HI N.\f"U" 2917 NORTH FRONT STREET, HARRISBURG, PENNSYLVANIA 11110 122] Husband agrees to indemnify and save harmless Wife from any claim or liability that Wife may suffer or may be required to pay on account of any claim against, or liability of, the aforesaid businesses. Husband further agrees to defend Wife against any claims raised against Wife or involving Wife arising from any liability or potential liability of the aforesaid businesses. If Husband fails to defend Wife against any said claims, he shall reimburse Wife for any counsel fees, costs, and expenses associated with her defense against any such claims. B. The fOllowing property shall become the sole and exclusive property of Wife: 1. Real property located at 2907 Dickinson Avenue, Camp Hill, Pennsylvania. Wife hereby agrees that this property will not be sold prior to Rachel clionsky's high school graduation, unless Rachel elects to change school districts. 2. 1992 Volvo. 3. All Certificates of Deposit and bank accounts in Wife's name including, but not limited to: a. Dauphin Deposit Bank Account #5314619628. b. Dauphin Deposit Bank Account #2885045940. 4. All furniture, fixtures, household items and personal property located at 2907 Dickinson Avenue, Camp Hill, Pennsylvania that were not distributed to Husband above. 5. All of the parties' furniture located at Middletown storage. - 4 - SMlfJ.,.:I.. .\XOf:RHOX 8: H.'(:KH 2917 NORTH FRONT STREET, HARRISBURG. PENNSYLVANIA 17110.1223 3. Exeoution of Additional Doouments. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. ... Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 5. ComDlete Listina of ProDertv. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 6. Eauitable Distribution of ProDertv. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a - 5 - Sl'lIl1t:J.. ,\Xln:IlKON /I: S,H'KIi 2917 NORTH FRONT STREET, HARRISBURG, PENNSYLVANIA 17110-1223 part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 7. Relinauishment ot ownershin. Except as expressly provided herein, Husband forever relinquishes any right and interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 8. Atter-Acauired Pronertv. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are 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. 9. Debts. Husband and Wife agree to be responsible for the joint debts of the parties as follows: A. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands - 6 - Sl'IHHH.. .\N'VEltHON' ll: S.\('KH 2917 NORTH FRONT STREET, HARRISBURG. PENNSYLVANIA 17110,1223 whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 10. Child SUDDort. A. Husband shall pay to Wife for the use, benefit, support and maintenance of their minor child, Rachel Lynn Clionsky, the sum of Three Hundred ($300.00) Dollars per month. The support payments set forth herein shall continue until the child shall complete high school. In addition, all extraordinary expenses of the child shall be shared between the parties. B. Husband shall provide Blue Cross, Blue Shield, Major Medical or equivalent coverage for the benefit of the child for so long as he is obligated to contribute to her support, including college support, pursuant to the provisions of this agreement. C. Wife acknowledges that the provisions herein made for the support, maintenance and education of the child are fair, adequate, reasonable and satisfactory to her. The parties agree that in - 7 - HMlf)J.:IH .\:\.J)EIt....ON a: H.\.('KH 2917 NORTH FRONT STREET, HARRISBURG, PENNSYLVANIA 17110-1223 the event of a material change in the cost of living or the financial circumstances of either party, or of a change in the present custody arrangement, the amount of the support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by a court of competent jurisdiction. D. It is specifically and mutually understood and agreed and recognized by and between the parties hereto that Wife shall claim the U.S. Individual Income Tax and any other federal, state or local income or other tax exemptions for the child and that Husband will not interfere in any way or take any step or do any act which would interfere with Wife securing the benefit of such tax exemptions. 11. custodY. A. The parties agree that the legal custody of their child, Rachel Lynn Clionsky, shall be joint, with both parties having the right to make major parenting decisions affecting the child's health, education and welfare. Pri~ary physical custody shall be with Wife, with Husband to have partial physical custody as the parties mutually agree. During such times as the child resides with the parties as set forth above, the parent having physical custody shall be responsible for all aspects of child care, including medical, and shall have the duty to immediately advise the other parent of any unusual occurrence or any illness. - 8 - SMHH:I.. ,\:\'l)F.IlKOS II: H"('KK 2917 NORTH FRONT STREET. HARRISBURG, PENNSYLVANIA 17110-1223 B. The parties shall seek to foster and encourage the love, affection and respect of the child for each parent, and to that end will cooperate in the best interests of the child in implementing the schedule of partial custody. 12. Life Insurance. Regarding Husband's life insurance policies, Pacific Corinthian #025101300M and Kemper #FK-2058446, Rachel Lynn Clionsky, John David Clionsky, and Wife shall be named as the only and equal beneficiaries insuring Husband's life. Rachel, John, and Wife shall be irrevocable beneficiaries, and Husband shall maintain said policies until Rachel attains age 23. Regarding Wife's life insurance policies, Rachel Lynn Clionsky, John David Clionsky and Husband shall be named as the only and equal beneficiaries insuring Wife's life. Rachel, John, and Husband shall be irrevocable beneficiaries, and Wife shall maintain said policies until Rachel attains age 23. In the event that any of the aforementioned life insurance policies are scheduled to be cancelled for failure to pay premiums, either party shall immediately notify the other party of any such notice of cancellation. In that case, either party may pay the premiums for the other party's life insurance policy and charge the defualting party. 13. Health Insur~. Wife shall remain on the Modular Systems health care plan as guaranteed by COBRA. Husband shall pay the monthly premium for the aforesaid health insurance coverage until Rachel Lynn Clionsky graduates from high school. Upon Rachel's graduation from - 9 - tiMIO..=-.. ...\NDERMON It: H.\('KH 2917 NORTH FRONT STREET, HARRISBURG, PENNSYLVANIA 17110-1223 high school, wife may then assume monthly payments until the COBRA maximum length of coverage is attained. Husband shall notify Wife at i least sixty (60) days prior to any change in health care coverage or carrier. 14. Colleae Educat:ion of Rachel Lvnn ClionsJtv. Husband shall pay for all of Rachel Lynn Clionsky's college expenses including, but not limited to, tuition, room, board, transportation, clothing, books, laboratory fees, and activity fees. 15. Full Disclosure. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 16. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower - 10 - ~MllJt; I.. .\l\'IH'lItHOl'( II: S.U"UI 2917 NORTH FRONT STREET, HARRISBURG. PENNSYLVANIA 17110.1223 or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 17. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed - 11 - SHIO.:!.. .\l\'l)J'IRKOS a. S.U'ltH 2917 NORTH FRONT STREET, HARRISBURG. PENNSYLVANIA 171 10.1223 by such party hereunder. The Husband or wife agrees to give the other prompt written notice of any litigation threatened or instituted against ! , either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 18. General Provisions. 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. 19. Fair and Eaui table contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. acknowledges and accepts that this Agreement is, Each party under the 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 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. 20. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or - 12 - SMIO,.:I.. AN1>EIUiOS It: S.'('KM 2917 NORTH FRONT STREET, HARRISBURG, PENNSYLVANIA 17110,1223 her election, to sue for damages for breach thereof, to sue for specific performance, to rescind this Agreement, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 21. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 22. ~DDlicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. Non-Merqer. This Agreement shall not merge with any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. 24. ReDresentation. ~. This Agreement has been prepared by Smigel, Anderson & SaCks, counsel for Wife. said counsel at the commencement of and at all stages during the negotiation of this Agreement acted solely as counsel for Wife and has not advised or represented Husband in any manner whatsoever. Husband has read this Agreement carefully and thoroughly, and hereby represents that he fully understands each of its provisions, and therefore signs it voluntarily and without undue influence. - 13 - tiMIOEL. ANDERHO:\' a. ti.\(~KH 2917 NORTH FRONT STREET, HARRISBURG, PENNSYLVANIA 17110.1223 ~ - ~ '. :r:: 0- ".. ... M r.. ~:~... tu c,'. _ _.~ c<:et. :t :-0 .. ~~ ~ ?",7: ~ "" ... = :~ ~ ;.1 to, :.~.. -'l~'. :..> ~ . '. .. '" .., \ I' \ ' \,., \.0 ~ '-0 "'"' l'\J _ ~ " f0 ~ l\-< - . . . ;::J o.t") .-n G' A ........ I"\"> "'I""> .,... '" ~ . '.... ~ ("'"\ :-e-\,.n '-" ~:::) ~ --:.0 ' l"l ~ II ld 01 Q < ~ r:: ~ w_ ~ ~ 4( .. it .. _ ... .J III ~ _ .. I- .. )0 0 o i( Z ~ ~ =~d~~ III III x Z ~ =~~~e < 0 z . . t !:: ~ .:I .... (!l j III N III l: !!! .. II: ::l: II: III ~ , . I . . '. .. .. . v. I I I I I I I XII TBB COURT 01' COMMOII l'LBU CUKBBRLAHD COUNTY, l'BHIISYLVAIIXA 110. q j- - J 4 J-- {p (? '.-J.1- [.....) tAAt^- JOAIIII CLXOIlSItY, l'LAXII'l'Xl'1' LBB CLIOIlSItY, OBI'BllDAKT CXVXL ACTXON - OIVORCB YOU BAVB BBEN BUBO XN 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 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 marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6200 JOMDr CLIOIISJtY, llLAIIlTIl'1' IN THE COURT 01' COMMON IILBAS CUMBERLAND COUNTY, IIENNSYLVUIA Y. I I I I I I I NO. LBB CLIONSJtY, DEI'BNDUI'l' CIVIL ACTION - DIVORCE TO THB WITHIN IIAMED DEI'EHDUI'l'I You have been named as the Defendallt in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a Divorce Decree being handed down by the Court. A list of professional marriage counselors is available at the Domestic Relations Office, 113 North Hanover Street, CUmberland County, CarliSle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary 4lJO.I-4IDIVOICBCO...uINTIIBDI.... 0lI17/9! 10:1... JOUII CLIOIlSKY, I III TBB COURT O~ COKNOIl ~LBA8 l'LAIIlTU~ I CUKBBRLAND COUllTY, ~DDlSYLVUIA I v. I NO. I LBB CLIONSKY, I DB~DJDAIlT I CIVIL ACTION - DIVORCB TO TBB BONORABLE, THE JUDGES OP SAID COURT: AND NOW, comes Plaintiff, JOAHN CLIONSKY, by her attorneys, SNIGBL, ANDERSON' SACKS, and represents as follows: COUllT I OIVORCB UNDER SECTION 3301(0) OR 3301(4) OP THR DIVORCE CODE 1. Plaintiff is Joann Clionsky, who currently resides at 2907 Dickinson Avenue, Camp Hill, Cumberland county, Pennsylvania 17011 and has resided there since June 1977. 2. Defendant is Lee Clionsky, who currently resides at 2907 Dickinson Avenue, Camp Hill, Cumberland County, Pennsylvania 17011 and has resided there since June 1977. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 13, 1971, at Easton, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the Court require the parties to participate in counseling. WBBR..OR., Plaintiff requests the Court to enter a Decree of Divorce under Section 3301(c) or 3301(d) of the Divorce Code. SMIGEL, ANDERSON & SACKS Date: ~ /(~ !t,<' I BY: ~\'~ .~OY SMIGEL, ESgUIRB 10#09617 OSBPH B. D'AMICO, BsgUIR. 10#72653 2917 North Front Street Harrisburg, PA 17110-1223 (717) 234-2401 Attorneys for Plaintiff - 2 - ...... en - -~ .: I:::; W'(.-":"'~ ~"l__._. ... :.. ~~; <;..: .- ,:';i ~~:"'; :5 lD .... ~ ,. :I~ ~ :~~~ii ... :.:> ~ ~<-... . 43)()'I~APl'D OP CONaEirrIIDDMIIllIIW9' 10:59... JOANN CLIONSKY, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : No. 1426 CIVIL TERM 1995 . . LEE CLIONSKY, . . DEFENDANT CIVIL ACTION - DIVORCE ,M'}4'wA vrr OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under section 3301(C) of the Divorce Code was filed on March 20, 1995. 2. The marriage of plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree of 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. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being entered by the Court. . . 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: (JA-L.. r 3, /995 ~ /)~'~ '- f;La-,t-", e-.e<A ANN CLIONSKY :;::: - :== "'" ., c:o 0") '- ," >- ~,.- ((,f_ ,.,,:, ~,\'" ", ^~ ...... '2- ..;.,.'~- > ........ 'f_' -, .:"- ..... -::: ~~,~ 2~; - . , 4)]o'I~API'DoOP CONSOO/IDDMrU7/U)/95 2:0IIp0 , . '. JOANN CLIONSKY, . IN THE COURT OF COMMON PLEAS . PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . No. 1426 CIVIL TERM 1995 . . . LEE CLIONSKY, . . DEFENDANT . CIVIL ACTION - DIVORCE . AJ!'.l4'1uA VIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under section 3301(C) of the Divorce Code was filed on March 20, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree of 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. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being entered by the Court.