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HomeMy WebLinkAbout01-5849IN THE COURT OF COMMON PLEAS OF E urn ~,ecla, d Co u n ~, PENNSYLVANIA (CIVIL DIVISION) TAMARA J. PIFER, Plaintiff VS. CHARLES E. PIFER, Defendant DIVORCE ACTION No. o/- ~¥~ ~ NOTICE TO DEFEND 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 judgracnt 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 marriage counselors is available in the Office of the Prothonotary at 200 Main Street, Brookville, Pennsylvania 15825. 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. IN THE COURT OF COMMON PLEAS OF C u m bet!an ([ COUNTY, (CWIL DMSION) TAMARA J. PIFER, VS. Plaintiff CHARLES E. PIFER, Defendant DIVORCE ACTION No. Type of Pleading: Complaint in Divorce (CIVIL DIVISION) TAMARA J. PIFER, : Plaintiff : VS. CHARLES E. PIFER, : Defendant : DIVORCE ACTION No. Or- ~q£¥ q ~ COMPLAINT OF DIVORCE COUNT I ~30I(c) 1. Plaintiff is Tamara J. Pifer, who currently resides at ol ti ~ Oc6[~ar] '1) r/vc -Dilb~c~ ~ Pennsylvania. 2. Defendant is Charles E. Pifer, who currently resides at 245 South York Road, Dillsburg, Pennsylvania. 3. Plaintiff and Defendant have been residents of the commonwealth of Pennsylvania, for at least six months immediately previous to the filing of this Complaint. 4. 'The Plaintiffand Defendant were married in March, 1990, in Alvarado, Texas. 5. Plaintiff affirms that neither he nor Defendant are currently in the military service of Ihe Ulfited States or its allies as defined by the Soldiers' and Sailors' Relief Act of 1940, as amended. 6. There are three (3) children bom of this marriage: Lynette Pifer, date of birth: April 20, 1983; Charles Pi£er, date of birth: February 27, 1985; and Kevin Pifer, date of birth: November 22, 1987. There have been prior actions of divorce or for annulment between the parties. The marriage is irretrievably broken. 9. 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. WHEREFORE, Plaintiff requests the Court to enter an Order dissolving the marriage between Plaintiff and Defendant. IO. Plaintiffand Defendant seeks joint legal custody of the following children: Charles Pifer, Date of Birth: February 27, 1985; and Kevin Pifer, Date of Birth: November 22, 1987. 110 The children were not born out of wedlock. 1 £, The natural Mother of the minor children is the Plaintiff, Tamara J. Pifer, residing at the aforesaid address. 13, The natural Father of the minor children is the Defendant, Charles E. Pifer, residing at the aforesaid address. 1tI, The relationship of the Plaintiff to the minor children is that of natural mother. l.g. The relationship of the Defendant to the minor children is that of natural father. 'l O. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the minor children in this or another Court. 17, Plaintiffhas no information ora custody proceeding concerning the children. 18, Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children. Itt, The best interest and permanent welfare of the children would be served by granting the parties joint legal custody of Kevin Pifer and Charles Pifer ' 3.-cO. Each parent's parental rights to the children have not been terminated and tile person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests this Court to grant custody of the minor children of the marriage pursuant to the attached Property Settlement Agreement. VERIFICATION I hereby verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to Unsworn Falsification to Authorities. J PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into on thiso?'7 day of September, 2001 by and between, CHARLES E. PIFER residing at 245 South York Road, Dillsburg, Commonwealth of Pennsylvania; and TAMARA J. PIFER residing at 211 Orchard Dr., Dillsburg, Commonwealth of Pennsylvania, here- inafter referred to as "Wife": WITNESSETH: WHEREAS, Husband and Wife were married to each other in March, 1990 in Alvarado, Texas, and this marriage still subsists; WHEREAS, there are three children bom of this marriage; Lynette Pifer, date of birth: April 20, 1983; Charles Pifer, date of birth: February 27, 1985; and Kevin Pifer, date of birth: November 22, 1987. WHEREAS, the parties by this Agreement desire to settle all questions relating to the disposition of their respective interests in assets accumulated by them,'or either of them during the marriage, the payments of obligations, disposition and determination of all claims of the parties against each other in other related matters. WHEREAS, Wife by the execution of this Agreement, desires to live separate and apart without any interference fi'om Husband and be able to live her life and conduct her financial affairs as if she were unmarried. WHEREAS, the parties specifically agree that upon execution of this Agreement, Husband shall not harass Wife or interfere with her fight to live her life and conduct her affairs as if unmarried, and Wife shall not harass Husband or interfere with his fight to live his life and conduct his affairs as if unmarried. NOW, THEREFORE, for and in consideration of the mutual covenants, promises, and undertakings herein set forth and of the acts to be performed by each party for the benefit of the other, the parties agree as follows: CUSTODY o Husband and Wife shall have-shared legal cusmay of' Char[es Pifer a~td Kevin Pifer. Wife shall have primary physical custody ofKevin Pifer. Husband shall have primary physical custody of Charles Pifer. The parties shall alternate weekend visitation of Charles Pifer and Kevin Pifer so that the boys are together each weekend at Husband or Wife's house. The parties shall meet at a halfway point to exchange the appropriata Child. It is expressly understood by both parties that neither shall do anything directly or indirectly to alienate their childrens' affection for the other, or color their childrens' attitude toward the other. The parties agree to consult and cooperate with respect to their children so as to advance, in a maximum degree, his/her health, emotional, and physical well-being and to give and afford him/her the affection of both parties and a sense of security. Both parties shall conduct themselves in a manner which shall be best for the interest, welfare, and, happiness of their children, and neither party shall do an}thing that shall affect tl~ morals, health, and welfare of their children to their detriment. The parties shall endeavor to guide their children so as to promote the affectional relationship between : their children and their father and their children and their mother. PERSONAL PROPERTY AND AUTOMOBILES Hust~and shall have the personal property set forth below and this Agreement shall constitute a bill of sale for same. Husband shall be responsible for all debt associated with the assets and in particular shall be responsible for the payment for all costs and expenses incident to the use, possession and operation of the motor vehicle(s) in his possession and shall further hold Wife harmless from any debt encumbering said assets: a. Savings account - $1,500.00; b. Tangible personal property in marital home; c. Tractor;, d. Diesel tmck; e. Motorcycle; f. Dodge maxi van; g. Ford GT; h. IRA; and i. Texas account - $600.00 Wife shall have the personal property set forth below and this Agreement shall constitute a bill of sale for same. Wife shall be responsible t'or all debt associated with the assets and in particular shall be responsible for the payment £or all costs and expenses incident to the use, possession and operation of the motor vehicle and shall fi~rther hold Husband harmless fi-om any debt encumbering s~id assets: a. 1988 Voyager; b. Tangible personal possessions in marital home; c. Black stereo; d. Small appliances in kitchen; and e. Oak table, recliner and china. f. Oak bedroom dresser set PENSION FUNDS AND BANK ACCOUNTS Each party represents that n~ither possess rights in pension plans~ 401K plans and any other pension or pm fit sharing plan in either name. 6. Wife waives her interest in Husband's IRA account. EQUITABLE DISTR1RUTION 7. Husband shall.pay Wife $5,150.00 within ax months of the s gning of this Agreement. MISCELLANEOUS I0. 11. In the event Wife files for a divorce, this Agreement shall be introduced into evidence and incorporated into any Judgment which may be entered in any such action. In any event, this Agreement shall not merge in such Judgment, but shM! survive any such Judgment. Each party shall execute thos~v~mocu~enta necessary to secure an absolute divorce in the Court of Co on Plea~ of~ pursuant to Sec~on 3301 (c) of the Divorce Code. This Agreement shall be introduced into evidence and incorporated into any Judgment which may be entered in any such action. In any event, this Agreement shall not merge in such Judgment, but shall survive any such Judgment. Husband and Wife shall, from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further im'lrumeuts which may be reasonably required to give full force and effect to the provisions of this Agreement. Except as herein otherwise provided, each party may dispose of his or her propen'y in any. way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction, to share in the property or the .estate of the other as a result of the marital relationship, including, without limitation, dower, cunesy, right to equitable distribution, statutory allowance, widow's allowance, homestead rights, right to take in inteatacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each party, will, at the request of the other, execute, acknowledge, and deliver any and all 12. 13. 14. 15. 16. 17. 18. instruments that may be necessary or advisable to can~ into effect this mutual waiver and relinquishment of all such interest, fights, and claims. Except as expressly set forth in this Agreement, or as may arise out of the making of this Agreement, each of the parties hereby releases the other of and fi'om any and all claims and demands for damages of any and every nature which either of the parties ever had, now has, or may hereafter have against the other, arising out of or in connection with any matter or thing whatsoever up to the date of this Agreement. A modification or waive of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist on strict performance of any of the pwviaions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. This Agreement, containing the entire understanding of the parties, shall be binding on the parties, their heirs, executors, ~miniffffators, and assJ~s. In the event of any dispute arising out of this Agreement or the performance thereof, Husband and Wife agree that all attempts should be made between them to settle the dispute by agreement before using the Courts of any determination. This Agreement is entered into in the Commonwealth of Pennsylvania and shall be eoustmed and interpreted under and in accordance with the Laws of the Commonwealth of Pennsylvania. ffany of the provisions of this Agreement are held to be invalid or unenforceable, ail other provisions shall, nevertheless, continue in full force and effect. 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 Laws of the Commonwealth of Penusylvania. 19. HUSBAND AND WIFE ACKNOWLEDGE THERE HAS BEEN NO EVALUATION OF THE ASSETS~ NEVERTHELESS~ THE PARTIES ACKNOWLEDGE THIS IS A FAIR AGREEMENT AND IS NOT THE RESULT OF ANY FRAUD~ DURESS~ OR UNDUE INFLUENCE EXERCISED BY EITHER PARTY UPON THE OTHER BY ANY OTHER PERSON OR PERSONS UPON EITHER~ AND THEY FURTHER AGREE THIS AGREEMENT CONTAINS THE ENTIRE UNDERSTANDING OF THE PARTIES~ THERE ARE NO REPRESENTATIONS~ PROMISES~ WARRANTIES~ COVENANTS~ OR UNDERTAKINGS OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN. 20. 21. HUSBAND ACKNOWLEDGES HE HAS REVIEWED EACH AND EVERY TERM OF THIS AGREEMENT. HE UNDERSTANDS '1'1~ MEANING OF EACH PROVISION OF THIS AGREEMENT. HUSBAND UNDERSTANDS HE SHOULD NOT SIGN BENEATH THIS PARAGRAPH NOR 'rmS AGREEMENT UNLESS E~E FULLY COMPREHENDS MEANING OF EACH AND EVERY ~ERM OF THIS AG]~EEMENT. BY EXECUT~IG IMMEDIATELY BENEATH 'r~i~q PARAGRAPH, HUSBAND EVIDENCES HIS CHARLES E. PIFER WIFE ACKNOWLEDGES SHE HAS REVIEWED EACH AND EVERY TERM OF TInS AGREE1HENT. SHE UNDERSTANDS THE MEANING OF EACH PROVISION OF THIS AGREEMENT. EACH PROVISION WHICH Su~: DID NOT UNDERSTAND HAS BEEN ADEQUATELY EXI~LAINED TO HER AND WE, R A~rORNEY HAS ADVISED n~.R THAT 1~ SI~ SO REQUESTED SHE COULD RECEIVE A WI~'F~N STATEMENT SETTING FORTH ~ MEANING OF EACH TERM OF THIS AGI?~,~MENT AND TH~ CONSEQUENCES OF EACH TERM. BY EXECUTING IMMEDIATELY BENEATH THIS PARAGRAPH, WIFE EVIDENCES HER COMPLETE AND THOROUGH UNDERSTANDING OF 'rms DOCLrM~NT. WllrE HAS BEEN ADVISED THAT SHOULD NOT SIGN BENEATIt 'I'H~-~ PARAGRAPH NOR Tl~-q AGREEMENT UNLESS SI~, FULLY COMPRE~:NDS 'rl~ MEANIING OF EACH AND EVERY TERM OF THIS AGREEMENT. IN WITNESS WHEREOF, the parties have signed, sealed~ delivered, and acknowledged this Agreem7. CHAR[LES E. PIFBR TAMARA J. PIFBR ~/ Commonwealth of Pennsylvania ) .*SS: County of~r~/./~..- ) BE IT RElV[EMBERED, that on th~._~ay of September, 2001, before me, the undersigned officer, personally appeared CHARLES E. PIFF~' 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 official seal. ,. Commonwealth of Pennsylvania County ) :SS: ) Notary Public NOTARIAL sEAL i LI ~.~nda L, Willis, Notary PubliC/ ~L.~?.?~eio .~..,,?,,~- . ., . ~. BE IT REMEMBERED, that on the~.~day of September, 2001,before me, the undersigned officer, personally appeared TAMARA J. PIFEK, 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 pu_tposes therein contained. In Witness Whereof; I hereunto set my hand and official seal. Notary Public Notaflal Seal I Kathlean A. Smotlzer, Notary Public IWormleysburg Bom, Cumberland County [ My Commission Expires Oct. 6, 2003 /% ~oc~l # Z~ IN THE COURT OF COMMON PLEAS OF, Cot r6b. t\a~ ~[ ~ Go , PENNSYLVANIA (CIVIL DIVISION) TAMARA J. PIFER, : Plaintiff : : VS. : . CHARLES E. PIFER, : Defendant : DIVORCE ACTION No. OOO~- 05~q~ AFFIDAVIT OF CONSENT UNDER SECTION 3301(e) 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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. I verify that the statements made in this affidavit are true and a correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: IN THE COURT OF COMMON PLEAS OF Ct~vq }>~c~¢}n~[ (CIVIL DIVISION) PENNSYLVANIA TAMARA J. PIFER, Plaintiff VS. CHARLES E. PIFER, Defendant DIVORCE ACTION No. 0.oo~-- os~q WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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. 4904 relating to unsworn falsification to authorities. Date: 1N THE COURT OF COMMON PLEAS OF. Et~rn be~on c~ Go , PENNSYLVANIA (CIVIL DiVISION) TAMARA J. PIFER, Plaintiff VS. CHARLES E. PIFER, Defendant DIVORCE ACTION No. goo~- O5~q AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on 0 ek.o~e Io 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 oPproperty, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and a correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: IN THE COURT OF COMMON PLEAS OF Ca (n tg~c_lonc[ 0~ ~ PENNSYLVANIA (CWIL DIVISION) TAMARA J. PIFER, Plaintiff VS. DIVORCE ACTION . : No. O. OOJC osc~qc~ CHARLES E. PIFER, : Defendant : WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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. 4904 relating to unsworn falsification to authorities. Date:O)/D/O ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. o~O(~- O5~)qc{ CIVILTERM 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) .33~1-~)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: /O-/~)- O J - 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 o/-JO'O;~ ; by defendant " (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: 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: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: (3 I- lC) -O ;~ Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 01"- lO - O~ Attorney for Plaintiff / Defendant INThe COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of ~ PENNA. 'DIai n{;~-~ No. I VERSUS de~ncl an-{- DECREE IN DIVORCE AND NOW, DECREED THAT AND ('~¥ ~::}l ~ I ~ c~ ~'~ , ~.Oo ~ IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE fOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY The COURT: / : PROTHONOTARY