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HomeMy WebLinkAbout99-03469 I , X" "Ir s i m v i 0 a i a e i P L e r Q i f F ii A IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY STATE OF ?A. ~ PENNA. WENDY LOUISE RIGGS, I? ................. Plaintiff .................... i Versus RICHARD DALE RIGGS, ........................... . ........................ Defendant No-g469 ............ ................. 1999 0 DECREE IN I VORCQQE AND NOW, l ?j. 19.11 . , it is ordered and decreed that ....... WENDY• LOUISE ,RjGG,$ . • • • , • • • . , . • . • , , plaintiff, and ......RICHARD. AALF. RIGGS ............................... 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; The parties' Marriage Settlement..Agre.ement..dated.Octaber..9,••1999 ?•• sh " all"b"e"incorporated herein and the court has Ctip.n.over no other claims. AAAA ANN& P. J. Pro III (lilt, t a ry t 0 ;co 3 Ip N m p C U > n , a Cf) W N " ld L V ' fO O ? G N C' m a? o a C A o (9 2 N C Y L .n CJ • 1 E WENDY W. RIGGS, Plaintiff VS. RICHARD DALE RIGGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 3469 CIVIL TERM IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please incorporate the attached Marriage Settlement Agreement, dated October 9, 1998, to the above-captioned divorce action. Respectfully submitted, Dated: October 8, 1999 4 East Liberty Avenue Carlisle, PA 17013 SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT Made this 9 day of 0c(v it IL _, 1998, by and between WENDY W. RIGGS (hereinafter referred to as WIFE) and RICHARD DALE. RIGGS (hereinafter referred to as HUSBAND); WITNESSETH: WHEREAS, the parties hereto were married on June 16, 1973, in Fayetteville, North Carolina; have been and are HUSBAND and WIFE. 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 I 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. 6. WIFE'S DEBTS: WIFE represents and warrants to HUSBAND that commencing September 1, 1998 and continuing into 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 DEBT: HUSBAND represents and warrants to WIFE that commencing September 1, 1998 and continuing into 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 reasons 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 marital home at 29 Eastwood Drive, Carlisle, Pennsylvania shall be sold and the net proceeds derived from that sale shall be split equally between the parties. 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 lie or she may have in any such tangible personal property of the other. (c) Military Pension: The HUSBAND recognizes that his military pension is a property asset divisible as part of this property settlement agreement. Since the parties have been married and lived as HUSBAND and WIFE for a significant period of the HUSBAND's military service prior to this agreement, the HUSBAND agrees that thirty-five percent (35 %) of his disposable military pension shall be the sole and exclusive property of the WIFE. The HUSBAND further agrees that he has obtained and shall maintain in full effect and force, irrevocably, the Survivor's Benefit Program at a rate of 10% for the benefit of the WIFE. All amounts hereunder are to be paid by allotment from HUSBAND's Military Retirement Pay. HUSBAND is currently receiving a portion of his pension as disability pay. The parties recognize that the WIFE has no right or claim against the disability portion of the HUSBAND's military pension. The calculation of each parties' respective shares shall only consider that portion of the pension which is not allocated toward disability pay. The parties understand and anticipate that at an undetermined time in the future, HUSBAND's disability may increase proportionate to his regular military retirement. (d) WIFE's Pension: The parties agree that the retirement and pension that the WIFE has earned through the Pennsylvania State Employee's Retirement Service shall be her sole and exclusive property. The HUSBAND agrees to waive any and all rights or claims he has to any portion of this pension and shall execute any documents necessary to confirm this waiver. (e) The parties jointly held mutual fund administered by Edward Jones shall be the sole and exclusive property of the HUSBAND. (f) The tax shelter annuity acquired through Shippensburg Area School District shall be the sole and exclusive property of the WIFE. (g) Bank Accounts: The parties shall equally share the business account established with Financial Trust. The WIFE shall receive the first $1,000.00 that is held in the parties' joint savings account. The remainder shall then be split evenly between the parties. (h) Motor Vehicles: The parties own a number of motor vehicles that they wish to divide between themselves. The 1997 Chevrolet Blazer shall be the sole and exclusive property of the WIFE, together with any lien thereon. The 1996 Suzuki Sidekick and 1984 Chevrolet Blazer will be the property of the HUSBAND, together with any liens encumbering those vehicles. The 1977 pickup truck that is jointly owned by the parties shall be sold and the proceeds raised from that sale shall be split evenly between the parties. The parties agree to execute any and all documents necessary to effect transfer of title on these vehicles in accordance with the provisions stated above. Each party shall independently refinance the obligation owing upon their respective vehicle, and shall be solely responsible to make payments on any vehicle in his or her respective possession. Each party shall also be responsible to insure the vehicles in their respective possession. (i) Term Life Insurance: The parties agree to maintain all term life insurance policies currently in existence as of the date of execution of this document. Neither party shall change the beneficiary of such policies without the prior written consent of the other party. 0) Home Business: The parties agree that the business known as Wood Artistry by Wendy Riggs that has been conducted out of their home jointly by the parties shall become the sole property of the WIFE. The HUSBAND waives any and all rights or claims that he has to any income derived from the business, any assets that are associated with the business, and any inventory associated with the business. As of the date of execution of this document, the WIFE shall hold the HUSBAND harmless and indemnify him from any and all liability arising from the conduct of the business. The WIFE shall also be solely responsible for any debts that arise from the conduct of the business. (k) WIFE's Inheritance: The parties agree that any property or funds that the WIFE has received as a result of the inheritance from her mother shall remain her property solely. The HUSBAND waives any claim or interest that he may have regarding such property or funds. (1) Debts: The parties agree that they shall split the existing debt equally between them. This division will be in any manner that is mutually agreed upon between the parties. The parties further agree that effective September 1, 1998, they will attempt to modify their personal finances in such a way so as to confirm that all future debt incurred at that time shall be associated solely with the party who incurred that debt. Each party agrees to waive any right to reimbursement for any such post- separation debt incurred and satisfied. The parties may at their mutual agreement utilize the proceeds from the sale of the marital home to satisfy any pre-existing joint debts. Such use of the proceeds of the sale of the real estate must be based upon a mutual agreement of the parties to do so. 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. ALIMONY: Each party hereby waives any right or claim they may have to receive alimony, spousal support, alimony pendent lite or other maintenance that they may have as a result of the separation or divorce action. 13. COUNSEL FEES: The parties shall equally share in all counsel fees associated with the preparation of this document and the pursuit of a divorce. 14. OPPORTUNITY TO REVIEW: Both parties have had ample opportunity to review this agreement. By executing the document, they confirm that they understand the terms of the agreement and find those terms to be acceptable to them. Each party has had the opportunity to review the agreement with counsel of his or her choice. The WIFE has elected to be represented by James J. Kayer, Esquire. The HUSBAND has elected to represent himself, after having been advised that he has the right to obtain independent counsel of his own. Each party has fully disclosed their assets and agree that no attempt at fraud or duress has been made in the execution of these documents. 15. DI_ VORCE: 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. 16. 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. 17. 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. 18. 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. 19. 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 20. 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 and independent covenant and agreement. 21. 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. 22. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980. 23. 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. 24. 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. 25. TH DIFICATION 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 same 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. 26. 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. 27. EXECUTION OF DOCUMENTS: Both parties hereby agree to execute any documents required to implement this Agreement. 28. FINANCIAL DI CLOS RE: 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. Win ss ,-- WENDY . RIGGVU Witness RICHARD DALE RI WENDY RIGGS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. ; CIVIL ACTION - LAW RICHARD DALE RiGGS, : NO. 99 - 3469 CIVIL TERM Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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: Acceptance of Service signed June 14, 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 10/12/99; By the Defendant 10/14/99. B. (1) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: none (2) Date of service of the Plaintiffs affidavit upon the Defendant: none 4. Related claims pending: The parties' Marriage Settlement Agreement dated October 9, 1999 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 Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 10/26/99; Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary 10/26/99. _?i Attorney for C', 1- "i rig :;r n" C\j m i u r-, 1 it col O m j 0 C W ¢o 3 O ° L ? m N O N V J > a Cl) W c , l0 0 `r c cv • Q) L. N N m r a'^ o (L) LC ? '? N Y a ? c? c w o IA V L ? t t T -tl t WENDY W. RIGGS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW NO. 99 - t CIVIL TERM RICHARD DALE RIGGS, 3 69 Defendant : 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 maybe 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 counseling. 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 accessible 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 _. WENDY W. RIGGS, Plaintiff VS. RICHARD DALE RIGGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE COMES NOW, Plaintiff WENDY W. RIGGS, through her attorney, James J. Kayer, Esquire and avers as follows: COUNT I - DIVORCE 1. Plaintiff is WENDY W. RIGGS, who resides at 127 Cumberland Avenue, Shippensburg, Franklin County, Pennsylvania, 17257. 2. Defendant is RICHARD DALE RIGGS, who resides at Apartment 104, 5082 Lilac Lane, Harrisburg, Dauphin County, Pennsylvania, 17111. 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 on June 16, 1973 in Fayetteville, North Carolina. 5. There have been no prior actions of divorce filed in this matter. 6. Defendant is a former member 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. • 1 WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Respectfully submitted, James J. Kayer, ts( Liberty Loft 4 Libe y Aven e Carlis , PA 17013 (717) 3-7922 The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the document ntay, in part, be the language of my counsel and not my own. 1 have read the statements made in this document and to file extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, 1 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: L'J ( 1999 .'\\ ?I?? `? •:J ??. W i? (_' ' `1[?: ? n ?: , ' ^ 'a _; `r'.? r: ( .? c„ -. ?? -? WENDY W. RIGGS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW NO. 99 - CIVIL TERM RICHARD DALE RIGGS, 34(ocl Defendant : IN DIVORCE ACCEPTANCE OF SERVICE 1, Richard Dale Riggs, hereby accept service this d, of June, 1999 of the Notice to Defend and Complaint in Divorce tiled in the above captioned matter. Richard Dale Riggs 1 LLC]1 ?- N rn O Cl C') J U m c ro c o > 3'A a? O o A N ?. ?, UI m a .ca . CV O ? U ..J T C) W C O ? C N CC . d a ?a? iC ao Oa c9 a` -'N n J UY W. IGGS,_ Plaintiff vs. K A Pr Liberty. Loft.• :'4 E. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 3469 CIVIL TERM RICHARD DALE RIGGS, Defendant : IN DIVORCE UNDER & 3301(c) OF THE DI VORCER r yr CODE 1 consent to the entry ofa 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 I do not claim them before a divorce is granted. 3. I understand that 1 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 June 8, 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 f 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. 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: X02 ?/ 1999 /,)`?J WENS W. RIGGSJ (/ N C M o > o T ? N e' (D m a m 0 cp P J > i ul 5, co r ca N O d C N ' • ` y L ?? ?aC i o a J y L ? V J C D % N i;t7 v ac Vic, z? = ti. ?3ci c = bon cn j M < Kayer'and Brown r' ".A Professiorial corporation, -' Liberty Loft '•,4 E. Liberty Avenue . • ! Carlisle, PA 17013 (717) 243-7922 WENDY W. RIGGS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. RICHARD DALE RIGGS, Defendant : CIVIL ACTION - LAW :NO.99-3469 CIVILTERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of P, final decree of divorce without notice. 2. 1 understand char 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. 1 understand that 1 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 June 8, 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. 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: IyOC-T 1999 -' RICHARD DALE RIGG