HomeMy WebLinkAbout01-05849
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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PENNA.
STATE OF
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.J8mara J. 1>;~
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No. ;)001- 05f54 '7
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VERSUS
C'..h~rlf"<) E, Yl'-k-
de~nd ont
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DECREE IN
DIVORCE
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, i!.oO '-; IT IS ORDERED AND
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AND NOW,
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lAm Af'A
J, P"~e.r-
, PLAINTIFF,
DECREED THAT
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E. 7i~u
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AND
, DEFENDANT,
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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 RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
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PROTHONOTARY
BYTHE COUR;J
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PROPERTY SETTLEMENT AGREEMENT
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THIS AGREEMENT made and entered into on this& 7'f~ay 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":
WIT N E SSE T H:
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 born of this marriage; Lynette Pifer, date of birth:
Apri120, 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 from 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 rig.iIt to live her life and conduct her a;:Tairs as if
unmarried, and Wife shall not harass Husband or interfere with his right 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:
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CUSTODY
1. Husband and Wife shall
have shared legal custoay of Charfes Pifer and Kevin Pifer. Wife shall have primary
physical custody of Kevin 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 appropriate child.
2. 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 a.,d 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 himJher 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 anything that
shall affect themorals,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
3. Husband 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 propert'j in marital home;
c. Tractor;
d. Diesel truck;
e. Motorcycle;
f. Dodge maxi van;
g. Ford GT;
h. IRA; and
1. Texas account - $600.00
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4. Wife shall have the personal property set forth below and this Agreement shall constitute a
bill of sale for same. Wife 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 and shall further hold Husband
harmless from any debt encumbering said 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.
1. Oak bedroom dresser set
PENSION FUNDS AND BANK ACCOUNTS
5. Each party represents that neither possess rights in pension plans, 40lK plans and any
other pension or profit sharing plan in either name.
6. Wife waives her interest in Husband's IRA account.
EQUITABLE DISTRIBUTION
7. Husband shalJ,payWife$5.150.00 within six monthSClf the signing 'of this Agreement.
MISCELLANEOUS
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8.
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 shall survive any such Judgment.
Each party shall execute thos~joc1:P.e1}ts necessary to secure an absolute divorce in the
Court of Common Pleas of J~my"l. purstiant to Section 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.
9.
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 instruments 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 ofbis or her property 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, curtesy, right to equitable distribution, statutory allowance,
widow's allowance, homestead rights, right to take in intestacy, 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
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instruments that may be necessary or advisable to carry int~ effect this mutual waiver and
relinquishment of all such interest, rights, 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 from 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
ifmade 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 provisions of this Agreement shall
not be construed as a waiver of any subsequent default of the same or similar nature.
14.
This Agreement, containing the entire understanding of the parties, shall be binding on the
parties, their heirs, executors, administrators, and assigns.
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
construed and interpreted under and in accordance with the Laws of the Commonwealth of
Pennsylvania.
If any of the provisions of this Agreement are held to be invalid or unenforceable, all 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 Pennsylvania
HUSBAND AND WIFE ACKNOWLEDGE THERE HAS BEEN NO EVALUATION OF THE ASSETS,
NEVERTHELESS, THE PARTIES ACKNOWLEDGE THIS IS A FAIR AGIREEMENT AND IS NOT THE
RESULT OF ANY FRAUD, DURESS, OR UNDUE INFLUENCE EXERCISED BY EITHER PARTY UPON
TilE OTHER BY ANY OTHER PERSON ()R PERSONS UPON EITHER, AND THEY FURTHER AGREE
TillS AGREEMENT CONTAINS THE ENTIRE UNDERSTANDING OF THE PARTIES, THERE ARE NO
REPRESENTATIONS, PROMISES, WARRANTIES, COVENANTS, OR UNDERTAKINGS OTHER
TIlAN THOSE EXPRESSLY SET FORTH HEREIN.
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HUSBAND ACKNOWLEDGES HE HAS REVIEWED EACH AND EVERY TERM OF THIS
AGREEMENT. HE UNDERSTANDS THE MEANING OF EACH PROVISION OF THIS
AGREEMENT. HUSBAND UNDERSTANDS HE SHOULD NOT SIGN BENEATH TIDS
PARAGRAPH NOR THIS AGREEMENT UNLESS EiE FULLY COMPREHENDS THE
MEANING OF EACH AND EVERY tERM OF THIS AGREEMENT. BY EXECUTING
IMMEDIATELY BENEATH THIS PARAGRAPH, HUSBAND EVIDENCES IDS
COMPLETE AND THOROUGH UNDERSTANDIN~F rSADOCUMENT. a
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CHARLES E. PIFER
21.
WIFE ACKNOWLEDGES SHE HAS REVIEWED EACH AND EVERY TERM OF THIS
AGREEMENT. SHE UNDERSTANDS THE MEANING OF EACH PROVISION OF TIDS
AGREEMENT. EACH PROVISION WHICH SHE DID NOT UNDERSTAND HAS BEEN
ADEQUATELY EXPLAINED TO HER AND HER ATTORNEY HAS ADVISED HER THAT
IF SHE SO REQUESTED SHE COULD RECEIVE A WRITTEN STATEMENT SETTING
FORTH THE MEANING OF EACH TERM OF THIS AGREEMENT AND THE
CONSEQUENCES OF EACH TERM. BY EXECUTING IMMEDIATELY BENEATH THIS
PARAGRAPH, WIFE EVIDENCES HER COMPLETE AND THOROUGH
UNDERSTANDING OF THIS DOCUMENT. WIFE BAS BEEN ADVISED THAT SHE
SHOULD NOT SIGN BENEATH THIS PARAGRAPH NOR THIS AGREEMENT UNLESS
SHE FULLY COMPREHENDS THE MEANING OF EACH AND EVERY TERM OF THIS
AGREEMENT.
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IN WITNESS WHEREOF, the parties have signed, sealed, delivered, and aclmowledged
this Agreeme .
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CHARLES E. PIFER
Commonwealth of Pennsylvania
County of t lAm S~fl. LA',} '"
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BE IT REMEMBERED, that on th~ay of September, 2001. before me, the undersigned
officer, personally appeared CHARLES E. PIF'ER; lmown to me, (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument, and aclmowledged that he executed
the same for the pUIposes therein contained.
In Witness Whereof, I hereunto set my hand and official seal.
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Notary Public
NOTARIAL SEAL .
Linda L. Willis, Notary Public
Borough of Mechanicsburg, CountY of C~~b~;~~
My commission ~!!:,'res Sept. ,
Commonwealth of Pennsylvania
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BE IT REME1-ffiERED, that o~ the Jtday of September, 2001 . before me, the 1.:.,,:dersigned
officer, personally appeared TAMARA J. PIFER, lmown to me, (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument, and aclmowledged that she
executed the same for the pUIposes therein contained.
In Witness Whereof, I hereunto set my hand and official seal.
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Notary Public
Notarial Seal
Kathleen A. Smolize" Notary Public
Wormleysbu,g Boro, Cumberiand County
My Commission Expires Oct. 6, 2003
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IN THE COURT OF COMMON PLEAS
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CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NO. ;/001- oS~qq
CIVIL TERM
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)
3a91 (eI)(1) of the Divorce Code.
(Strike out inapplicable section).
2. Date and manner of service of the complaint: 10 - J 0- 0 I
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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 0/ -I 0 . 0 ;;l ; 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:
01-/0 -0&
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: () 1- \0 -0 d
Date defendant's Waiver of Notice in ~3301 (c) Divorce was filed with
the Prothonotary: D I~ ~O - 0 d.
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Attorney for Plaintiff / Defendant
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IN THE COURT OF COMMON PLEAS OFCuJl)l')erk4lld County, PENNSYL VANIA
(CIVIL DIVISION)
TAMARAJ. PIFER,
Plaintiff
vs.
DIVORCE ACTION
No. Of- (~'fq ~ ILL-
CHARLES E. PIFER,
Defendant
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 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 at 200 Main Street, Brookville, Pennsylvania 15825.
IF YOU DO NOT FILE A CLAIM FOR ALllvIONY, 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.
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IN THE COURT OF COMMON PLEAS OF C'LI m berlan d. COUNTY, PENN~L \fANIA
(CIVIL DMSION)
TAMARAJ. PIFER,
Plaintiff
DIVORCE ACTION
VB.
No.
CHARLES E. PIFER,
Defendant
Type of Pleading: Complaint in Divorce
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(CIVIL DIVISION)
TAMARA J. PIFER,
Plaintiff
DIVORCE ACTION
vs.
No. C!J- SS'tq ~ -ru-
CHARLES E. PIFER,
Defendant
COMPLAINT OF DIVORCE
COUNT I
3301(c)
l. Plaintiff is Tamara 1. Pifer, who currently resides at Olll' or~horlD ri \I~
D,II':;\~'(~h 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 ofthis Complaint.
4. . The Plaintiff and Defendant were married in March, 1990, in Alvarado, Texas.
5. Plaintiff affirms that neither he nor Defendant are currently in the military service
of the United States or its allies as defined by the Soldiers' and Sailors' Relief Act of 1940, as
amended.
6. There are three (3) children born 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.
7. There have been. prior actions of divorce or for annulment between the parties.
8. The marriage is irretrievably broken.
9. Plaintiff has been advised that cOUllseling is available and that Plaintiff may have
the right to request that the court require the parties to participate in cOUllseling.
WHEREFORE, Plaintiff requests the Court to enter an Order dissolving the marriage
between Plaintiff and Defendant.
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10, Plaintiff and Defendant seeks joint legal custody ofthe following children:
Charles Pifer, Date of Birth: February 27, 1985; and
Kevin Pifer, Date of Birth: November 22, 1987.
II , The children were not born out of wedlock.
I J.. 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.
14, The relationship of the Plaintiff to the minor children is that of natural mother.
1.5. The relationship of the Defendant to the minor children is that of natural father.
',If>. Plaintiff has not participated as a party or witness, or in another capacity, in other .
litigation concerning the custody ofthe minor children in this or another Court.
n. Plaintiff has no information of a custody proceeding concerning the children.
IS, Plaintiff does not know of a person not a party to these proceedings who has
physical custody ofthe children.
1'1, 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
,l.0. Each parent's parental rights to the children have not been terminated and the
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.
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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.
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IN THE COURT OF COMMON PLEAS OF, C\,triibe.r\a...ci \ <'.0 ,PENNSYLVANIA
(CIVIL DIVISION)
TAMARA J. PIFER,
Plaintiff
DIVORCE ACTION
No. ~b61- 05 '64 '1
vs.
CHARLES E. PIFER,
Defendant
AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c)
I. A complaint in divorce under Section 3301(c) ofthe Divorce Code was filed on
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 of property, lawyer's
fees or expenses in 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. 94904 relating to unsworn
falsification to authorities.
Date:
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IN THE COURT OF COMMON PLEAS OF Cu,^" b:t1lan d Co') PENNSYLVANIA
(CNIL DIVISION)
TAMARA J. PIFER,
Plaintiff
DIVORCE ACTION
vs.
No. ;)..00\- o5'6~ ~
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 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.
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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:;:/;~
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IN THE COURT OF COMMON PLEAS OF c.ui"'1ber-\ooJ CO ,PENNSYLVANIA
(CNIL DIVISION)
TAMARA J. PIFER,
Plaintiff
DIVORCE ACTION
No. ~bol- 05~lj 9
vs.
CHARLES E. PIFER,
Defendant
AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c)
I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
Oclobef" 10) ~OO,
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date ofthe 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. g4904 relating to unsworn
falsification to authorities.
Date: 0/ 11 () /00\
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IN THE COURT OF COMMON PLEAS OF (Llm berland 00 I PENNSYLVANIA
(CNIL DIVISION)
TAMARA J. PIFER,
Plaintiff
DIVORCE ACTION
No. d. 001, - 05 '6 ~ '1
vs.
CHARLES E. PIFER,
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
I. 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! 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: OJ II~
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