HomeMy WebLinkAbout00-06045
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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PENNA.
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STATE OF
~ TIMOTHY S. WOLF,
Plaintiff
No. 00-60Lf5
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VERSUS
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JANE G. WOLF,
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Defendant
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DECREE IN
DIVORCE
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"72"'P' , IT IS ORDERED AND
AND NOW,
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TIMOTHY S. WOLF
PLAINTIFF,
DECREED THAT
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JANE G. WOLF
, DEFENDANT,
AND
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECaRf~~ ~HIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; VV\J\I\..t
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The Marital Settlement Agreement of June 12, 2001, is
hereby incorporated.
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TIMOTHY S. WOLF,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERlAND COUNTY, PENNSYLVANIA
v.
: NO. 00-6045
CIVIL TERM
JANE C. WOLF,
: IN DIVORCE
Defendant
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 the divorce is irretrievable breakdown under Section of 3301(c)
of the Divorce Code.
2. The Complaint was placed in the U.S. Mail, certified, restricted delivery,
on September 1, 2000, and service was accepted on September 5, 2000,
3. Plaintiff's Affidavit of Consent required by Section 3301(c) of the Divorce
Code is dated June 12, 2001, and the Defendant's Affidavit of Consent required by
Section 3301(c) of the Divorce Code is dated June 11, 2001.
4. There are no related claims pending. An Agreement of the parties dated
June 12, 2001, is to be incorporated into the Decree in Divorce.
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Respectfully submitted,
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JACOBSEN & MILKES
52 E. High Street
Carlisle, P A 17013
(717) 249-6427
Attorney for Plaintiff
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TIMOTHY S. WOLF,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLV ANlA
v.
: NO. 00-6045
CMLTERM
JANE C. WOLF,
: IN DIVORCE
Defendant
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT is made this \ d~ day of June 2001, by and between
TIMOTHY S. WOLF ("Husband") and JANE C. WOLF, ("Wife").
WHEREAS, the parties were married on March 18, 1989, and have remained
married since that time; and
WHEREAS, certain differences have arisen between the parties and, as a
consequence, they are living separate and apart from each other; and
WHEREAS the parties wish to set forth certain covenants and understandings
regarding their separation and their respective property rights;
NOW THEREFORE, in consideration of the mutual promIses and
undertakings contained herein, the parties hereto, intending to be legally bound,
covenant and agree as follows:
1. VOLUNTARY AGREEMENT: It is acknowledged by the parties that
this Agreement is entered into voluntarily and after due deliberation by each of them.
Husband is represented by Samuel W. Milkes, Esq., Jacobsen & Milkes and Wife is
not represented.
2. SEPARATION AND NON-INTERFERENCE: It shall be lawful for
Wife and Husband at all times hereafter to live separate and apart from each other
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and to reside from time to time at such place or places as they shall respectively deem
fit, free from any control, restraint, harassment or interference, indirect or direct,
frOnI each other. The foregoing provisions shall not be taken to be an admission on
the part of either party of the lawfulness or unlawfulness of the causes leading them
to live apart.
3. DIVORCE ACTION: The parties acknowledge that an action for
divorce between them has been filed by Husband in the Court of Common Pleas of
CUlllberland County, Pennsylvania, at the above referenced caption. The parties
hereby acknowledge their intention and agreement to proceed in said action to obtain
a final decree in divorce by mutual consent on the grounds that their marriage is
irretrievably broken, and to settle, amicably and fully hereby, all claims which might
be raised by either party in the divorce action. The parties acknowledge that they
will execute the necessary Affidavits of Consent for the entry of a final divorce decree
in the pending action as soon as the law allows them to do so.
4. KNOWLEDGE OF MARITAL ESTATE: Each party agrees that she
or he each fully understands the facts surrounding this divorce, and each has had the
opportunity to be fully informed as to her or his legal rights and obligations. Each
party acknowledges and accepts that this Agreement is, under the circumstances, fair
and equitable, and that it is being entered into freely and voluntarily after Wife's
opportunity to consult with an attorney of her choosing and Husband's consultation
with his attorney. The execution of the Agreement is not the result of any duress or
undue influence, and it is not the result of any collusion or improper illegal
agreement or agreements. The parties acknowledge that each has been fully
informed of, or is familiar with, the wealth, property, state, and income of the other,
and each party is hereby satisfied that such information is true and correct.
During the course of the marriage, it is generally Wife who has handled the
finances and she is very much familiar with the economic status of both parties.
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Both parties are specifically aware of the respective income and assets of their
marriage, including any income tax returns which have been filed, any bank accounts
which have been held in either or both names, and any retirements funds, including
the Oppenheimer Funds held as an IRA by Wife, and the PSERS retirement benefits
held by Husband. Statements of accounts of both of these investments have been
exchanged recently by the parties.
5. PERSONAL PROPERTY: The parties agree that they have generally
divided all personal property, in a manner satisfactory to each of them. Each shall
retain and be the full owner of any and all personal property now in his or her
possession. In addition, there are certain items of personal property which are to be
considered Wife's property, but which remain in the possession of Husband, due to
Wife's inability at present to retrieve that property. So long as it is retrieved within
one year of the date of this Agreement, Wife shall be entitled to full ownership of the
following personal property, which is now in Husband's possession:
1. Pine hutch.
2. Mission furniture including a coffee table and chair.
3. Sofa.
4. Stuffed chair in small room.
5. Instruments including a Selmer tenor Saxophone, a Buffet clarinet, a King
clarinet and a Cleveland flute.
6. House plants.
If Wife fails to retrieve the property within one year, it shall be considered the
sole property of Husband.
6. PRE-MARITAL PROPERTY: The parties agree that any property
which might be considered premarital is in the possession of, or is titled in that
parties' name and each is full owner of any such property in his or her possession.
7. MARITAL HOME: The parties are currently owners of a home and real
estate located at 11 Waterloo Road, Carlisle, Pennsylvania, which is secured by a
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mortgage and also has recorded against it a home equity loan. The mortgage
currently has a balance of approximately $75,000.00 and the home equity loan
currently has a balance of approximately $15,000.00. The mortgage is in joint names
and the home equity loan is in Husband's name only.
The parties agree that within two years of the date ofthis agreement, Husband
shall secure refinancing of the mortgage, so as to reflect this debt in his name only,
and not in joint names. Wife shall cooperate in any manner necessary to assist in
this. Commensurate with this refinancing, Wife agrees to deed to Husband, in his
name only, the jointly owned property.
In the event that Husband is unable to secure refinancing within the two-year
time frame, the house shall then be placed for sale at market price in order to satisfy
outstanding marital debts. Any proceeds beyond the payoff of the joint debt shall be
payable to Husband.
In the event that the real estate is to be sold, either because Husband is unable
to refinance and is required to do so under the terms of this Agreement or for any
other reason, Wife shall have a first option to purchase the real estate at an appraised
market value, through an appraiser agreed upon by the parties or an appraiser
appointed by the Court if the parties are unable to agree. If Wife should at any time
in the future purchase this property and if either or both of the dogs are still living,
that would have an impact upon the section in this Agreement having to do with the
dogs.
If for any reason Husband fails to fulfill his obligation to pay on the marital
debt secured against this home, until such time as the home has been sold or
refinanced in his name, and if this obligation remains unpaid for a period of sixty
days or more, Wife may, at her option, move into the home and Husband shall vacate
the home. In this event, Wife shall assume full and sole responsibility for any debts
secured against the home and she shall forthwith secure refinancing for any such
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debts in her name only. If Wife opts not to take possession of the home, or if she
takes possession but fails to secure financing within ninety days of her taking
possession, the home shall immediately be sold, under the terms set forth above.
8. ACCESS TO HOME AND STATUS OF DOGS: The parties are the
owners of two Labrador dogs, one named Coz and the other named Amy. Both
Husband and Wife are close to these dogs and wish to make arrangements for the
best treatment of the dogs themselves and arrangements for both parties to be able to
continue to have contact with the dogs. Effective the date of this Agreement, the dogs
shall be considered Husband's, with the following conditions. Wife shall have
reasonable and regular opportunity to visit with the dogs at Husband's residence. If
at some point in time this becomes infeasible, due to strain in the relationship or a
remarriage of either of the parties, or other circUlllstances which might not be
envisioned at the present time, Wife shall continue to be allowed regular access to the
dogs but arrangements would then have to be made for this to occur at some other
location. In any event, Wife may spend time with the dogs, as of the date of this
agreement, either at the residence or at other locations of her choosing, for reasonable
periods of time. If Husband were to move to a different address, while either or both
of the dogs are still living, and if that address still has reasonable accommodations for
these dogs, the terms of this agreement will remain in effect. If Husband moves to a
location not suitable for these dogs, the terms of this section would then be
renegotiated in order to assure that the best interests of the dogs themselves is being
provided for. If the parties are unable to reach an agreement, either may petition the
court for a decision as to how to deal with the changed circumstances. Before
bringing any court action, however, the parties would first be required to make all
efforts to avoid this, including consulting with the Humane Society or other
appropriate animal interest organizations.
If at some point, under the terms of this Agreement, Wife purchases the
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residence owned by Husband and either or both of the dogs are still living, the dogs
would remain at the residence and would become the property of Wife, if she elects
this, effective the date of her taking ownership of the residence. Husband would have
the same rights and opportunity to spend time with the dogs as has been provided for
Wife under the terms of this Agreement.
Further, in the event Wife is able to secure a residence which is adequate for
and allows the dogs to be with her, Wife will have reasonable and regular opportunity
to have possession, or custody of the two dogs, at times agree upon by the parties. If
the dog, Coz, should die first, the dog, Amy shall be considered Wife's dog, with
Husband having the same rights to have custody of this dog as Wife had with the
dogs under the terms of this Agreement.
9. RETIREMENT/SAVINGS: The parties acknowledge that certain
retirements benefits may be payable to each of them. Specifically, in connection with
Husband's employment with the Carlisle Area School District, he has accrued
retirement benefits which will be payable to him in the future and which were
accrued during the marriage. These may include both retirement itself and some
investments funded during the marriage. Wife may also have accrued retirement
benefits from past employment and she has an IRA.
The parties specifically agree not to raise any claim towards any such
retirement, pension, IRA, 401(k) or similar investments now in the name of the other
party or accrued by the other party. In the event that any further documents need to
be signed, or in the event that a court order needs to be entered reflecting this
agreement, the parties agree to cooperate in any manner necessary to accomplish
that end.
The only savings of any significance is approximately $400.00 in a credit union
fund and this is to be considered fully property of Wife.
10. MEDICAL INSURANCE: Wife is currently covered under Husband's
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medical insurance in connection with his employment with the Carlisle Area School
District. Husband agrees to cooperate in any manner necessary to assist Wife in
being able to carry that insurance on, even after divorce, through COBRA benefits.
This shall be fully at Wife's expense, however.
11. LIFE INSURANCE: Husband agrees to maintain a life insurance
policy on his own life, naming Wife as beneficiary, in an amount of at least
$150,000.00 so long as either or both of the dogs is still living at Husband's home.
Any disability policies currently held or which might be held in the future by
Husband, and any other life insurance policies shall be and remain his sole property
with his discretion as to who to name as beneficiary.
12. DEBTS: Each party shall be responsible for his or her premarital debt
incurred by him or her and any other debt in his or her own name, unless otherwise
addressed in this Agreement.
13. AUTOMOBILES: Wife shall retain full ownership of the 1994 Mazda
pick-up truck which is fully paid for and which is titled in her name.
Husband shall retain full ownership of the 2000 Honda Civic, which is financed
in his name only and is titled in his name.
14. BANKRUPTCY: Each party agrees that in the event he or she should
file for bankruptcy, he or she shall indemnify and hold the other harmless for any
indebtedness or liability this causes the other person and that such obligation shall
not be dischargeable in bankruptcy, or shall be reaffirmed if it is discharged.
15. COUNSEL FEES: Each party shall be individually responsible for
payment of his or her counsel fees incurred by him or her in connection with any
matters having to do with this divorce.
16. NON-MERGER IN DIVORCE DECREE: The parties agree that in
the event of absolute divorce between them, they shall nonetheless continue to be
bound by all the terms of this Agreement, and neither this Agreement, nor the terms
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hereof, shall be deemed to have been merged in any decree or judgment granted in
the divorce action, but shall survive and be forever binding upon the parties.
17. EXECUTION OF DOCUMENTS: Each of the parties shall, from time
to time at the request of each other, execute, acknowledge and deliver to the other
party any and all further instruments that may reasonably be required in order to
give full force and effect to the provisions of this Agreement.
18. MUTUAL RELEASE: Except as provided for in this Agreement, the
parties hereby remise, release, quit-claim and forever discharge each other and the
estate of each other, for all time to come, and for all purposes whatsoever, from any
and every claim, including alimony, alimony pendente lite, spousal support, equitable
distribution of marital property, counsel fees or costs under the Divorce Reform Act,
or otherwise, that they make or hereafter make in and to or against each other's
estates or any parts thereof, whether by way of dower or curtesy, or under the
intestate laws, or the right to take or elect against the other's will, except only such
rights as accrue pursuant to this Agreement.
19. NON-WAIVER: The failure of either party to insist in anyone or more
instances upon the strict performance of any of the terms hereof in this Agreement
shall not be construed as a waiver or relinquishment of such term or terms in the
future.
20. BREACH: In the event that either party breaches any provision of this
Agreement, he or she shall be responsible for any and all costs incurred to enforce the
Agreement, including, but not limited to, court costs and counsel fees of the other
party. In the event of breach, the other party shall have the right, at his or her
election, to sue for damages for such breach or to seek such other and additional
remedies as may be available to him or her, including equitable enforcement of the
Agreement.
21. ENFORCEMENT: The parties agree that this Agreement or any part
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or parts hereof may be enforced in any court of competent jurisdiction.
22. APPLICABLE LAW AND EXECUTION: The parties hereto agree
that this Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania, and shall bind the parties hereto, and their respective heirs, executors
and assigns. This Agreement shall be executed as original in quadruplicate.
23. ENTIRE AGREEMENT: The parties acknowledge and agree that this
Agreement contains the entire understanding of the parties and supersedes any prior
agreement between them. There are no other representations, warranties, promises,
covenants or understandings between the parties other than those expressly set forth
herein.
24. INCORPORATION IN JUDGMENT FOR DIVORCE: In the event
that either Husband or Wife at any time hereafter obtain a divorce, this Agreement
and all of its provisions shall be incorporated into any such judgment for divorce,
either directly or by reference. The Court, on entry of judgment for divorce shall
retain the right to enforce the provisions and the terms of the Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
as of the day and year first above written.
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TIMOTHY S. WOLF
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SAMUEL W. MILKES, ESQ.
ATTORNEY FOR HUSBAND
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TIMOTHY S. WOLF,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLV ANlA
; NO. oo-fj)45" CML TERM
JANE C. WOLF,
: IN DIVORCE
Defendant
NOTH~R TO ORFRNn A NO (;T.A 1M R1C:-HT~
You have been sued in court. If you wish to defend against the claims set forth
in the following pages, you must take prompt action. You are warned that if you fail
to do so, the case may proceed without you and a decree of divorce or annulment may
be entered against you by the Court. A judgment may also be entered against you for
any other claim or relief requested in these papers by the Plaintiff. You may lose
money or property or other rights important to you, including custody or visitation of
your children.
When the ground for the divorce is indignities or irretrievable breakdown of
the marriage, you may request marriage counseling. A list of 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
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TIMOTHY S. WOLF,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
: NO. 00- 4,0 95"CML TERM
JANE C. WOLF,
: IN DIVORCE
Defendant
r.OMPT.ATN'T' TN OTVORr.R
COUNT I - DIVORCE
1. Plaintiff is TIMOTHY S. WOLF, presently residing at nWaterloo Road,
Carlisle, Cumberland County, Pennsylvania, 17013.
2. Defendant is JANE C. WOLF, presently residing at 545 pi Street,
Carlisle, Cumberland County, Pennsylvania, 17013.
3. Plaintiff has been a bona fide resident in the Commonwealth for at least
six months immediately previous to the filing ofthis Complaint.
4. The Plaintiff and Defendant were married March 18, 1989.
5. There have been no prior actions of divorce or for annulment between
the parties in this or any othf)l' jurisdiction
6. Neither party to this action in divorce is currently a member of the
Armed Forces of the United States of America.
7. Plaintiff has been advised that counseling is available and that the
Plaintiff may have the right to request that the Court require the parties to
participate in counseling.
8. The marriage between the parties hereto is irretrievably broken.
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9. Plaintiff requests the Court to enter a decree of divorce.
WHEREFORE, the Plaintiff requests this Court to:
a. Enter a final Decree of Divorce divorcing the Plaintiff from the
Defendant; and
b. Grant such further relief as it shall deem proper and just.
Respectfully submitted,
*#
BY: Samuel W. Milkes
JACOBSEN & MILKES
52 E. High Street
Carlisle, P A 17013
(717) 249-6427
(717) 249-8427 - Fax
Attorney No. 30130
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VERIFICATION
I hereby verify that the statements made in the foregoing 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.
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TIMOTHY . OLF
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TIMOTHY S. WOLF,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-6045
CIVIL TERM
JANE C. WOLF,
: IN DIVORCE
Defendant
c;F.R'T'TFTc;A'T'F. OF ~F.RVTc;F.
I, Shelley Eichelberger, hereby certifY that a true and correct copy of a Notice
To Defend Rights and Claim Rights and a true and correct copy of a Complaint In
Divorce Under Section 3301(c), was duly served for the Defendant, Jane C. Wolf, by a
registered letter deposited in the U.S. Mail on September 1, 2000, addressed as
follows:
.
Jane C. Wolf
545 First Street
Carlisle, PA 17013
And further that this attached card demonstrates that on September 5, 2000,
the Defendant was served.
I hereby verify that the statements made in the foregoing 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: q I ~ 100
0~ [L}L_9~
Shelley EI berger J
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-ill" name"ahd address on the reverse of this-form so that we can return this extra fee):
card oyou. 81
. - this .... to the f10nt of the mailpIeca, or on the back K spaca <Ioea not 1. 0 Addressee'. Address I'
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. Write "Retum Receipt Recluested" on the mallJ)lecebelowthjlartlole number. 2. III Restricted Delivery
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3. Article Addressed to: 48. A~e Number II
. Jane Wolf Z 33L 878 285 ~
545 First Street 4b. S.rvlce Typ. i
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TIMOTHY S. WOLF,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERlAND COUNTY, PENNSYLVANIA
v.
: NO. 00-6045
CIVIL TERM
JANE C. WOLF,
: IN DIVORCE
Defendant
AFFIDA VlT OF CONSENT
L A Complaint in Divorce under the Divorce code was filed May 30, 2000,
on the grounds that the marriage of the parties is irretrievably broken.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
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.
I verify that the statements made in the Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. 94904 relating to unsworn falsification to authorities.
Date: (p / / d ) 0 /
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Tinlothy S. oU :::;
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TIMOTHY S. WOLF,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-6045
CIVIL TERM
JANE C. WOLF,
: IN DNORCE
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DNORCE DECREE
UNDER 3301(c) OF THE DNORCE 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 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 affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. S4904 relating to unsworn falsification to authorities
Date: (g / IJI 0 I
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Timothy S. olf
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TIMOTIIY S. WOLF,
Plaintiff
: IN TIIE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, ~SYLVANIA
v.
: NO. 00-6045
avn. TERM
JANE C. WOLF,
: IN DIVORCE
Defendant
AFFlDA VIT OF CONSENT
1. A Complaint in Divorce under the Divorce code was filed September 1,
2000, on the grounds that the marriage of the parties is irretrievably
broken.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce.
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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 the Affidavit are true and correct, I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. 94904 relating to unsworn falsification to authorities.
Date: C, -11- 0 (
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TIMOTIIY S. WOLF,
Plaintiff
: IN TIIE COURT OF COMMON PLEAS
: CUMBERlAND COUNTY, PENNSYLVANIA
v.
: NO. 00-6045
CIVIL TERM
JANE C. WOLF,
: IN DIVORCE
Defendant
WAIVER OF NOTICE OF INTENTION TO REQlUEST
ENfRY OF A DIVORCE DECREE
UNDER 3301(c) OF TIIE 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 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 affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. ~4904 relating to unsworn falsification to authorities
Date: G _1/-01
~c~
e C. Wolf
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