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"f IN THE COURT OF COMMON Pt P,A(z
OF CUMBERLAND COUNTY
;? STATE OF PENNA.
TINA L. HOYAUX,
........... .
e Plaintiff " ..
............ .
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Vcrsils
GARY L. HOYAUX
Defendant ;i
DECREE IN
DIVORCE
AND NOW,..... !? ....... , 99x.... , it is ordered and .4 . ..... i
decreed that ... TINA, L. • HOYAUX, , • . . • • .... • • plaintiff,
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and .....GARY .L, . fWAUX .................................... defendant,
ore divorced from the bonds of matrimony.
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The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered; MA'--e
The Parties' Separation Agreement dated January 19,•20PO,is
incorporated herein and the court has jurisd'?tion over no other
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Prolhonotary
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TINA L. HOYAUX ,
Plaintiff
VS.
GARY L. HOYAUX,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
! CIVIL ACTION -LAW
: NO. 99-3154 CIVIL TERM
IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Please incorporate the attached Separation and Property Settlement Agreement, dated January 19,
2000 into the above-captioned divorce action.
Respectfully submitted,
Libe Loft I/
4 Ea9 Liberty Avenue
Carlisle, PA 17013
Dated: June 29, 2000
SEPARATION AND PROPERTY SE17LEMENT AGREEMENT
THIS AGREEMENT Made this q tl day of January, 2000, by and between TINA L. HOYAUX
(hereinafter referred to as WIFE) and GARY L. HOYAUX (hereinafter referred to as HUSBAND);
WITNESSETH:
WHEREAS, the parties hereto were married on May 25, 1990, in Reeds Gap, Juniata County,
Pennsylvania; have been and are HUSBAND and WIFE; and during this union, Wife's children were
adopted by Husband to wit: Matthew L. Hoyaux born November 9, 1982 and Michael L. Hoyaux, born
March 10, 1985, hereafter referred to as the "children."
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 of their natural lives,
and the parties hereto are desirous of settling fully and finally their respective financial and property rights
and obligations as between each other, including, without limitation by specification; the settling of all
matters between them relating to the ownership and equitable distribution of real and personal property;
settling of all matters between them relating to the past, present and future support and/or maintenance of
the WIFE, the settling of any and all claims and possible claims by one against the other or against their
respective estate.
NOW, THEREFORE, in consideration of the 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 hereto, WIFE and HUSBAND, each intending to be legally bound,
hereby covenant and agree as follows:
1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be
considered to affect or bar the right of WIFE or HUSBAND to a limited or absolute divorce on lawful
grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either
party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part
of either party hereto of any act or acts on the part of the other party which have occurred prior to the date
hereof. The parties intend to secure a mutual consent divorce.
2. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided
herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may
be entered with respect to the parties.
3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the
terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect
to them.
4. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart
from the other party as such place as he or she may from time to time choose or deem fit. The foregoing
provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness
of the causes leading to their living apart.
5. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other,
as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of
this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel
the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with
the peaceful existence, separate and apart from the other.
b. WIFE'S DEBTS: WIFE represents and warrants to HUSBAND that since their separation, she has
not and in the future she will not contract or incur any debt or liability for which HUSBAND or his estate
might be responsible and shall indemnify and save harmless HUSBAND from any and all claims or demands
made against him by reasons of debts or obligations incurred by her.
7. HUSBAND'S DEBTS: HUSBAND represents and warrants to WIFE that since their separation
he has not and in the future he will not contract or incur any debt or liability for which WIFE or her estate
might be responsible and shall indemnify and save harmless WIFE from any and all claims or demands made
against her by reason of debts or obligations incurred by him.
8. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party has released and
discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives,
executors, administrators and assigns, release and discharge the other of and from all causes of action,
claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has
against the other, except any or all cause or causes of action for divorce and except any or all causes of
action from breach of any provisions of this Agreement.
9. REAL PROPERTY: The parties do not own any real estate.
10. DIVISION OF PERSONAL PROPERTY:
(a) The parties have heretofore divided their personal property to their mutual satisfaction.
Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other
party, all items of personal property of every kind, nature and description and wheresoever situated, which
are now owned or held by or which may hereafter belong to the HUSBAND or WIFE respectfully, with full
power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all
purposes as if he or she were unmarried. All items of personal property shall be divided between the parties
as provided herein:
(b) Personal Effects: All items of personal effects such as, but not limited to: jewelry,
luggage, sports equipment, hobby collections and books, but not including furniture or any property,
personal or otherwise specifically disposed of pursuant to this agreement, shall become the absolute and sole
property of that party who has had the principal use thereof or to whom the property was given or for whom
it was purchased, and each party hereby surrenders any interest he or she may have in any such tangible
personal property of the other.n (g o? _
t e e J er-dresser d-nd-3-guna. HUSBAN.D_is-to-
mamcnts. Q?OI JI f
(c) Intangible Personal Property (other than Life Insurance): All stocks, bonds, cash, and
sums on deposit in checking and saving accounts (owned by either or both parties) have been or will be
divided to the mutual satisfaction of the parties.
(d) Possession of firearm: The parties agree that the .44 Magnum and its accompanying
holster is the property of the WIFE. The HUSBAND shall maintain possession of this gun until his death
at which time possession shall automatically revert to the WIFE. HUSBAND may return this gun to WIFE
at any time prior to his death, but absent such an agreement must undertake all efforts to maintain the gun
in good working condition and take all appropriate measures associated with the prudent storage of firearms.
(e) Debts: The WIFE shall be responsible for all.existing joint debts and liabilities incurred
by the parties prior to their separation except as provided herein. The HUSBAND shall be responsible for
the Harley charge card and the Truck payment. The WIFE shall be responsible for all other existing debts
and liabilities incurred in her own name prior to the separation, including the Discover Card, Visa/Fingerhut
account and her car payment. In lieu of collecting child support, the HUSBAND shall pay to WIFE
$1375.00 per month. These payments shall be made by the first of each month and shall continue until
Michael is 18 years of age or completes high school, whichever event occurs first. The WIFE shall apply
this sum to those joint debts she is responsible for at her discretion and shall advise the HUSBAND of the
status of any such account at his reasonable request. WIFE shall undertake all reasonable efforts to pay each
obligation in a timely fashion.
(C) The parties further agree that neither will incur any future debts for which the other may be held
liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will
hold the other harmless from any and all liability thereon.
(g) In the event that HUSBAND acquires any real estate after the parties' separation and prior to the
parties' divorce, the WIFE shall waive any and all interest she might have in that real estate.
11. AFTER ACQUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and
enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible,
hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and
effectively, in all respect and for all purposes, as though he or she were unmarried.
12. CUSTODY: Primary physical custody of the children shall be with the WIFE. Visitation shall
be as the parties may agree, so long as each party discloses his or her address. In the event of travel plans,
each party shall notify the other party in advance as to the intended location and a means to reach the other
parent in the event of an emergency
13. COUNSEL FEES: The HUSBAND shall pay to WIFE $350.00 toward her counsel fees and
expenses. Husband shall pay this sum to James J. Kayer within 30 days of receipt of invoice.
14 SOCIAL SECURITY PAYMENTS: Any Social Security checks that Wife receives in
"Husband's name" will be forwarded to him each month. It is anticipated that these checks will be in the
sum of $224.00 per month.
15. LIFE INSURANCE: Husband shall maintain all existing Life Insurance policies that are in effect
at the time of execution of this agreement and shall designate his four children, including the two boys
referenced previously in this agreement as well as the HUSBAND's daughters from his prior relationship,
as the equal irrevocable beneficiaries to these policies. HUSBAND may direct any insurance company to
pay all costs associated with his funeral prior to paving the children's benefits.
16. DIVORCE: The parties hereto agree to enter into a mutual consent divorce. WIFE agrees to
pursue the divorce and to be the Plaintiff therein. HUSBAND agrees to sign the necessary documents,
including an Affidavit of Consent and further instruments that may be reasonably required to give full force
and effect to the provisions of this Agreement. WIFE reserves the right to withhold from executing her
Affidavit of Consent in the divorce until after June 1, 2000.
17. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or
her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall 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, courtesy,
statutory allowance, widow's allowance, 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 will, at the request of the other,
execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into
effect this mutual waiver and relinquishment of all such interests, rights and claims.
18. BREACH: If either party breaches any provision of this Agreement, the other party shall have
the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as
may be available to him or her, and the party breaching this contract shall be responsible for payment of legal
fees and costs incurred by the other in enforcing their rights under this Agreement.
19. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be
determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreement and in all other respects this agreement shall be valid and
continue in full force, effect and operation.
20. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only.
They shall have no effect whatsoever in determining the rights or obligations of the parties.
21, INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and
between the parties hereto that each paragraph hereof shall be deemed to be a separate mid independent
covenant and agreement.
22. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of
the other, execute, acknowledge and deliver to the other party any and all further instruments that may be
reasonable required to give full force and effect to the provisions of this Agreement.
23. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth
of Pennsylvania and more specifically under the Divorce Code of 1980.
24. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.
25. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and
there are no representations, warranties, covenants or undertakings other than those expressly set forth
herein.
26. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this
Agreement shall be effective only if made in writing and executed with the sane formality as this
Agreement. The failure of either party to insist upon 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.
27. WAIVER OF RIGHTS: The parties hereto have been informed of their rights or have been
advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, Act of April
2, 1980, Number 1980-26, particularly the provisions for alimony, alimony pendente lite, equitable
distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall
conclusively provide for the distribution of property under the said law and hereby waive, release and
relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite,
equitable distribution of marital property, counsel fees or expenses. From the date hereof, each party may
acquire either personal or real property in their own name, Any property so acquired shall be owned solely
by the individual and shall not be subject to any claim whatsoever by the other party.
28. EXECUTION OF DOCUMENTS: Both parties hereby agree to execute any documents required
to implement this Agreement.
29. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the substantial
accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first
above written.
TINA L. HO1rA U9
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TINA L. FIOYAUX : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION -LAW
NO. 99-3154 CIVIL TERM
GARY L. HOYAUX,
Defendant : IN DIVORCE
PRAECIPF, TO TRANSMIT RFCORU
TO THE PROTHONOTARY:
Please transmit the record, together with the following information to the court for entry of a divorce
decree:
1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code.
2. Date and manner of service of the complaint: Certified Mail, Restricted Delivery, May 25, 1999.
3. Complete either Paragraph A or B.
A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: By
the Plaintiff, June 2, 2000; By the Defendant June 26, 2000.
none. B. (1) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code:
.
(2) Date of service of the Plaintiffs affidavit upon the Defendant: none
4. Related claims pending: The Parties, Separation Agreement dated January 19, 2000 is
incorporated herein and the court has jurisdiction over no other claims.
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: none
B. Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary June 2,
2000; Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary June 29, 2000.
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TINA L. HOYAUX
Plaintiff
VS.
GARY L. HOYAUX,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99- CIVIL TERM
315?-
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following
pages, you must take prompt action. You are warned that if you fail to do so, the case may 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage
counselling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES
OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO
CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with
Disabilities Act of 1990. For information about acoessiblc facilities and reasonable accommodations available to disabled
individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours
prior to any hearing or business before the court. You must attend the scheduled conference or hearing.
James J. Kayer, Esquire
Attorney for Plaintiff
Liberty Loft
4 East Liberty Avenue
Carlisle, PA 17013
(717) 243-7922
TINA L. HOYAUX IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
NO. 99- CIVIL TERM
GARY L. HOYAUX,
Defendant IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE
COMES NOW, Plaintiff TINA L. HOYAUX, through his attorney, James J. Kayer, Esquire and
avers as follows:
COUNT I - DIVORCE
1. Plaintiff is TINA L. HOYAUX, who resides at 484 Shed Road, Newville, Cumberland County,
Pennsylvania 17241.
2. Defendant is GARY L. HOYAUX, who resides at 22 West Big Spring Avenue, Apt. #2,
Newville, Cumberland County, Pennsylvania, 17241.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six
months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married May26, 1990 at L-Z Independence Reeds Gap,
Juniata County, Pennsylvania.
5. There have been no prior actions of divorce filed in this matter.
6. Plaintiff and Defendant are not members of the United States Armed Forces.
7. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) of
the Divorce Code.
8. 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 a decree of divorce.
Respectfully submitted,
Jamds J. Kayer, Fsquire
Liberty Loft!
4 Liberty Avenue
Ca lisle, M' 17013
(717) 243-7922
VERIFICATION OF PLEADINGS
'file foregoing document is based upon infonmation which has been gathered by illy
counsel and myself in the preparation of this action. The language of the document may, in pan,
be lite language of my counsel and not my own. I have read the statements made in this
document and to the extent that it is based upon information which I have given to my counsel,
it is true and correct to the best of my ]mowledge, information and belief. To the extent that the
contents of the statements are that of counsel, I have relied upon counsel in making this
Verification. 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: On ? a . 99 , 1999???,•_
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TINA L. HOYAUX
Plaintiff
VS.
GARY L. HOYAUX,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-3154 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF SERVICE BY MAIL
PURSUANT TO Pa. R.C.P. 1920.4(a)(1)(ii)
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
I, James J. Kayer, Esquire, being duly sworn according to law, deposes and says that he is
the attorney for Plaintiff, TINA L. HOYAUX, and that he did serve a true and correct copy of the
Notice to Defend and Complaint in Divorce that was filed in the above matter, by U.S. Mail,
postage prepaid, certified with restricted delivery, return receipt requested, unto the Defendant,
GARY L. HOYAUX June 25, 1999. The return receipt is attached hereto.
Sworn to and subscribed before me
tliis,',-S<day of June,
1/1-Cu al
atary Public
DENISE PINAMONTI. Notary Public
Carlisle Borough. Cumberland County
My Commission Expires Nov. 20. 2000
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TINA L. HOYAUX ,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- LAW
NO. 99-3154 CIVIL TERM
GARY L. HOYAUX,
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF i
UNDER & 330I(c) OF THE DIVORCE CODE
1. 1 consent to the entry of a final decree of divorce without notice.
2. 1 understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or
expenses if 1 do not claim them before a divorce is granted.
3. 1 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.
AFFIDAVIT OF CONSENT
1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 24, 1999.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from
the date of filing the Complaint.
3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry
of the decree.
4. 1 understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or
expenses if 1 do not claim them before a divorce is granted.
I verify that the statements made in this Waiver and 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 unswom
falsification to authorities.
DATE: '2000 -/" ? p-4c .c S(
TINA L. HOYAUX '
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TINA L. HOYAUX IN THE COURT OF COMMON PLEAS OF
Plaintiff' CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION- LAW
NO. 99-3154 CIVIL TERM
GARY L. HOYAUX,
Defendant : IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECI
UNDER 4 3301fc1 OF THE DIVORCE CODE
l . I consent to the entry of a final decree of divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if 1 do not claim them before a divorce is granted.
3. 1 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
AFFIDAVIT OF CONSENT
1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 24, 1999.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from
the date of filing the Complaint.
3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry
of the decree.
4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if 1 do not claim them before a divorce is granted.
1 verify that the statements made in this Waiver and Affidavit are true and correct. 1 understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom
falsification to authorities.
DATE:, 2000
GARY -IOYA 3
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