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HomeMy WebLinkAbout96-05990 ~ ""0' J . -; c ~. 1 ::r ) [/ ~ F JI I I I 0\ 0-1 0- l.{) -~~~-~-~-**-*~*~.~~*~)~***~*~~~~ ~ _._,----,_.'--,,-----,--'''--~-,._...... ,'-"'-"-~ ..-,.----.--...--- ~ ~ $ ,', ~ ~I ~ $ ,;, 0:; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY !'Jt STATE OF ~~~ PENNA. "",,~,;,.rr ~ S ~ GARRY L. HUDSON 1996 ." ~ 5990 PLAINTIFF 1\ I I. ~ " w .' Vt'r;;lIS CATHERINE M. HUDSON ~ '.' $. '.' DEFENDANT ." ~ " ~ DECREE IN DIVORCE AND NOW~~....~~'" 19,~6.." it Is ordered and Garry L. Hudson decreed that, , , " ., , ,. , , , ., .,.. ......' , , . .. " ' , ", ., .. , , .. .. , , ". plaintiff, Catherine M. Hudson and. , , . , ,. ,. ., , , ,. .... , , ,. , , ,.. . . . ..., ".. .. , .,.. " , , , , ' , . , ..... defendant, ore divorced from the bonds of matrimony. * ~ ~~ ~ (, 8 $ ~ ,;, 0:; 8 w '.' The court retains jurisdiction 01 the following claims which have been raised 01 record in this action for which a final order has not yet been entered; ~e\AJL ~ '.' ,;, " w '.' The Marital Settlement Agreement dated October 3, 1996 ........ ......"......."",.""........"....."..,.. .....,..".... .... ,..'.", ." ~ . l.s, .J:1~r,~br, .i.~c;:orp,~rat,ed, i~,t~, thI,s, D,ec~~~. ,~>~I'YJ~C,e!' , " , , , , , , , , . U, T~~~'I<~./ , Alle5t:"-':-'..j, "_~' ffJ.",,//;. /] -/~ ~ J, ~U'- r...r '" "-'P . ~ ~t.~'-', /:.':,~/~..,-t".'2{"2:y t /). ...... u! [].,-/ . '/':::'1;#10:-; / .~r"; :-?'J )' Prothonotary ~ ~.' ii. ,.' ~ ~ " ,;, ~ ~ " ~ ~ ~---~- :.~;, ~;, .:<<' '.. .. .:.:- -:.;. -:.:- .:.:. -:+:- ":.;. ':0&:' ':+;. .:+:- .:.:- -:t;' .:+:- .:.:.' ~ '.' ~ ~ '.' ,;, ;:> ~ '.' ~ '. ~ ;:> ." ~ ~ ~ '.' ~ " ." ~ ~ ~ ~'., ~ .' ~ ,;, ;:> ~ ~. ~ ~ '.' ~ ,~ ." ~ ~ '.' $ ~ ~ ~ /,., ,:~ '~ ~ ~ * ~ ~ ,~ :~ Qo.//096 &J or!'tOI~ ;U-f<%'~ ~c4 d~ 'eJo.)7 .f;; 71~~ /1"~::;V7J' dtl- ./ '. v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA NO. 96 - 5990 CIVIL TERM IN DIVORCE GARRY L. HUDSON, PLAINTIFF CATHERINE M. HUDSON, DEFENDANT PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: November 4, 1996 by certifiod restricted delivery U.S. Mail on the Defendant; and Acceptance of Service signed by the Defendant, dated November 9, 1996. 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: N/A (b)(l) Date of execution of the plaintiff's affidavit required by section 3301(d) of the Divorce Code: November 22, 1996; (2) Date of service of the plaintiff's affidavit upon the defendant: November 27, 1996. 4. Related claims pending: No claims pending, all claims were resolved by Marital Settlement Agreement dated october 3, 1996. ;~.- ....c-.- ~ .._-~...:;.. -------~----' chael s. Travis Attorney for plaintiff ~ . 5. Date and manner of service of the notice of intention to file praecipe to trllnsmit record, a copy of which is attached: November 27, 1996 by certified restricted delivery U.S. Mail on the Defendant, under section 3301(d)(1)(i) of the Divorce Code. h- ~ ,- - ,.. ...,~ \'-i (.:J _:1.-( 'iF ( ) :-.. ~ -- -:.:~.~~~~ ~. U- co ;.-' I" 1 1 ~.. ~ '; , 1 ,- --Iv t-: \ ,p u:.' . \,<. L:~ ~~ . "-' p, _0 :J u co' l) .... .' SEPARATION AND PROPERTY SETTLEMENT AGREEMENT r "l r:;, \ This agreement made this 2-_of~\"0 \:;.l. ~ 1996, by and between Catherine M, Hudson of Dauphin County, Pennsylvania party of the first part, hereafter referred to as "Wife" and Garry L, Hudson of Cumberland County, Pennsylvania. party of the second part, hereinafter referred to as "Husband", WITNESSETH: WHEREAS, Husband and Wife were married on June 24, 1978. WHEREAS, there are two minor children of this marriage. Jamie L. Hudson bom April 1, 1979 and Michael J, Hudson born September 26. 1980; WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differenclls have arisen between the parties hereto and as a consequence, they have lived separate and apart since November 9, 1991; WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony, support and other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and: WHEREAS, the parties hereto have mutually entered into an agreement of the division of their jointly owned assets, the provision for the liabilities they own, and provision for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing, Page 2 NOW THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending 10 be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby convenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time as such place or places as they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife or the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2,1 This agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce, provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto form commencing, instituting or prosecuting any action or actions for divorce, whether absolute or other wise, upon just, legal and proper ground, nor to prevent either party from defending any such action which as been, mayor shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. H:Jsband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. Page 3 It is Husband's intention to file a Divorce action in the Court of Common Pleas of Dauphin County, Pennsylvania. The parties agree that they shall execute Affidavits of Consent and Waivers of Notice after the mandatory period of time has passed since the filing of the aforementioned Divorce. :Z.:Z It is further specifically understood and agreed that the provisions of this agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce, and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2,3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto, Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree ARTICLE III EOUlTAOLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set torth in Section 401 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of the marriage, the prior marriages of the parties, the age, health, station, amount and sources of income, vocational skill, employability, estate, liabilities, and needs for each of the parties, the contribution of one party to education, training or increased earning power to the other party, the opportunity of each party for future acquisition of capital assets and income, the sources of income of both parties, including but not limited to medical, Page 5 ARTICLE IV REAL ESTATE 4.1 The parties acknowledge that they are joint owners of the marital home located at In Florence Drive, Harrisburg, Dauphin County, Pennsylvania, 17112. Husband agrees to transfer all right, title and interest in the property unto Wife Husband agrees to execute a deed transferring his interest in said property contemporarneously with the signing of this Agreement. The parties acknowledge that they are jointly liable for the mortgage with Harris Savings which is secured by said real property. Wife agrees to be solely responsible for the mortgage payments and agrees to indemnify and hold Husband harmless therefrom ARTICLE V DEBTS OF THE PARTIES 5,1 Each party agrees to pay all debts incurred by him or her individually since the date of separation. Each party shall indemnify and hold harmless the other party from all claims and/or demands made against him or her. ARTICLE VI TAX RETURNS 6.1 Husband and Wife agree that they will file separate tax returns for 1996. ARTICLE VII COUNSEL FEES 7.1 Advice of Counsel The provisions of this Agreement and their legal effect are fully understood by the parties. The parties understand their legal rights and obligations. Wife has been represented in this matter by William Smith, Esquire of Harrisburg, Pennsylvania Husband has been represented in this matter by Keith B. DeArmond, Esquire of Camp Hill, Pennsylvania. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledgc that execution of this Agreement is not thc result of any duress or undue inl1uence and that it is not the result of any collusion or improper or illegal agreement or agreements. Page 6 7.2 Counsel Fees The parties agree to be responsible lor their respective costs and attorneys fees associated with this action. 7.3 Mutual Release Husband and Wife each do hereby mutually rer.lise, release, quitclaim and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and wheresoever situate, which he or she now has or at any time hereafter against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contacts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the interstate laws, or the right to take against the spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquirc, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 7,4 Release of Testamentary Claims Except as provided for in this Agreement, each of the parties hereto shall have the rights to dispose of his or her property by Last Will and Testament, or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled hereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's last Wills under the present or future laws of any jurisdiction whatsoever and is intended to confer third party beneficiary rights upon the other heirs and beneficiaries of each other party hereto. Either party may, however, make such provisions for the other as he or she may desire in and by his or her Last Will and Testament. Page 7 Each of the parties Iilrther covenants and agrees that hc or she will permit any Will of the other to be probated and allow administration upon his or her personal, real or mixed estate and effects to be taken out by the person or persons who would have been entitled to do so had lIusband or Wife died during the lifetime of the other and that ncither lIusbanj nor Wire will claim against or contest the Will and the estate of thc other Each of the parties hereby releases, relinquishcs and waives any and all rights to act as cxccutor or exccutrix or administrator or administratrix of thc other party's estate. Each of the partics hcreto further covenants and agrees lor himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the othcr party or his or her heirs, executors, administrators, or assigns, for the purpose of entorcing any of the rights relinquishcd under this Paragraph 7,5 Warranties. Each party represents that thcy have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless form and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenants, represent and agree that each will, now at all times hereafter, ave harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, exccpt as is otherwise specifically provided for by the terms of this Agreement and that ncither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 7,6 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 7.7 Husband and Wife covenant and agrce that thcy willlorthwith cxecute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement. and as their respective counsel shall mutually agrec should be so executed in order to carry fully and clfectively the tcrms of this agreement. .' GARRY L. HUDSON, I IN THE COURT or COMMON PLEAS PLAINTIFF I CUMBERLAND COUNTY, PENNSYLVANIA I NO. 96 - S'<NO v. I CIVIL TERM I CATHERINE M. HUDSON, I IN DIVORCE DEFENDANT I NOTICE TO DErEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pagest 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 is indignities or irretrievable breakdown of the marriaget you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High streets, 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 Court Administrator Cumberland County Courthouse Fourth Floor Hanover and High Streets Carlisle, PA 17013 (717) 697-0371 Ext 6200 GARRY L. HUDSON, . IN THE COURT OF COMMON PLEAS . PLAINTIFF I CUMBERLAND COUNTY,PENNSYLVANIA I v. I NO. 96 - CIVIL TERM I CATHERINE N. HUDSON, I IN DIVORCE DEFENDANT I COMPLAINT UNDER SECTION 3301(0) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Garry L. Hudson who resides at 111 A Wincot Court, Mechanicsburg, Cumbsrland County, Pennsylvania 17055. 2. The Defendant is Catherine M. Hudson who resides at 172 Florence, Harrisburg, Dauphin County, Pennsylvania 17112. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 24, 1978 in Beaver County, Pennsylvania. 5. There was a prior Divorce Action, 1074 Civil 1992, in Dauphin County which was dismissed by the Court for inactivity. There are no pending actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. , GARRY L. HUDSON, I IN THB COURT or COMMON PL&AS PLAINTIFF I CUMBBRLAND COUNTY,PBNHSYLVANIA I v. I NO. 96 - 5990 CIVIL TBRM I CATHBRINB M. HUDSON, . IN DIVORCB . DBFBNDANT . . CERTIFICATE OF SERVICE I, Michael S. Travis, attorney for plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by Certified ~lai1 No. Z 430 556 845, restricted delivery, return receipt requested, by depositing the same in the united States mail on October 31, 1996, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil procedure relating to the Divorce Code. As indicated by the signed Domestic Mail Return Receipt attached hereto, the Complaint was received by the Defendant on November 4, 1996. ::--. '----- Michael S. Travis ID # 77399 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 ~ \0 E ;:;, r. N :_1~ ff (.]~1 .... (...)::3i: n: :1~ - '>- () co ., 'i!I E ~;:')~ II: U ,":jrrJ ',' I" qc;: .=- CJ U. \0 ~ 0 C"\ (r. \D -.... [C_ ~... C N :~).- I~ ('):"'J :r::: l.)~\' -' a.. :I;::J ":"'4?M ,.; co ::.~/~ U; c. ~.. lIt U l;Sra r~: l') Ina... 0 ~ to. u:> ,.;. c' , : < \ 1 I I I I I \ I I I I , , GARRY L. HUDSON, I IN THE COURT or COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. 96 - 5990 CIVIL TERM I CATHERINE M. HUDSON, I IN DIVORCE DEFENDANT I NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in November of 1991 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of propertYt 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 correct. I understand that false statements herein are made subject to the penalties of 18 Pa.e.s, 4904 relating to unsworn falsification to authorities. Date: \\- 22~~ ~~-:~-A GARRY L. HUDSON i-. C-! III ~ t~ ell ~ \. . ,. C)i, f.~': \'.1 L',l' 1.>' , G:. \.,' ,. 'J .~ ,..., OARRY L. HUDSON, I IN THE COURT or COMMON PLEAS PLAINTIFr I CUMBERLAHDCOUHTY, PENNSYLVANIA I v. I NO. 96 - 5990 CIVIL TERM I CATHERINE M. HUDSON, I IN DIVORCE DErENDMlT I NOTICE or INTENTION TO REQUEST ENTRY or DIVORCE DECREE TO: CATHERINE M. HUDSON You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit. Therefore, on or after December 14, 1996t the plaintiff can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court fin answer with your signature notarized or verified or a counter- affidavit by the above date, the court can enter a final decree in divorce. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. 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 Court Administrator Cumberland County Courthouse Fourth Floor Hanover and High streets Carlisle, PA 17013 (717) 697-0371 Ext 6200 . ~ \D :r - t:; Ig .. ;- ':>: N ~ _l ";; -- ~.I"",' c;.: -' ?:: -"-_1 ~.. (;- C. co .:. 'iil Et: - /,1" l!' u t~iE F!:: Lu Q ~ -0 0 a, .--..J ~ -- GARRY L. HUDSON, PLAINTI.... I I I I I I I IN THE COURT 0.. COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96 - 5~90 CIVIL TERM IN DIVORCE v. CATHBRINE N. HUDSON, DEVENDUT DE..ENDANT'S COUNTBR-AF"IDAVIT UNDER SECTION 3301(d) 0.. THE DIVORCe: CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is noe irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this counter-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: Catherine M. Hudson , . GARRY L. HUDSON, : IN THE COURT OP COMMON PLEAS PLAINTIFP : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 96 - 5990 CIVIL TERM : CATHERINE M. HUDSON, : IN DIVORCE DEFENDANT : PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: November 4, 1996 by certified restricted delivery U.S. Mail on the Defendant; and Acceptance of Service si~ed by the Defendant, dated November 9, 1996. 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: N/A (b) (1) Date OF_ e~ecution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: November 22, 1996; (2) Date of service of the plaintiff's affidavit upon the defendant: November 27, 1996. 4. Date of execution of Defendant 1 s Counter-Affidavit under Section 3301(d) of the Divorce Code: U"'"ll/vr.)l, 1996. -. ., ~ C'J C7. i:!: .. :~? ~ ': LUC'l - . It, l.2(:i :s (....J;.,. P"l .- '-"'-1 ~r. -": ~ C ,... . ~.'; I.: LL N j':.!;< ii:'11 (.., 1.'_' I '.J f~ L' , :!~u... c:. lo. to ::5 0 en (,) .. OAJtRt L. HUJ)SON, I IN THE COURT 0.. COMMON PLUS PLAINTIF" I CUMBERLAlfDCOUHTt, PEHHStLVANIA I v. I NO. 96 - 5990 CIVIL TERM I CATHERINE M. HUDSON, I IN DIVORCE DErENDAHT I WAIVER 0.. NOTICE 0.. INTENTION TO REOUEST ENTRt 0.. A DIVORCE DECREE UNDER SECTION 3301(dl or THE DIVORCE CODE 1. I consent to the entry of a final decree without notice. 2. I division of them before understand that I may lose rights concerning alimony, property, lawyer's fees or expenses if I do not claim 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 subject to the penalties of 18 Pa. e.s. Section 4904 relating to unsworn falsification to authorities. DATED: /v:/:;t~k6 4~~~/- Catherine M. Hudson i? "I '- - l:;; f ~., .. - ~') ~: - t;, -,.. ()~ .- -J .-oj -r.1: .... '0.," .~ . ~:. --., r- -.. lo ('.I ., E.:P~ L-'. d(iJ {~; l' , ~e_ C::' u_ '" ::J 0 0' (.) . I GARRY L. HUDSOII, I IN THE COUR~ OF COMMOII PLEAS PLAIIITIFF I CUMBERLAND COUJrn, PBRJlSrLVAJlIA I v. I 110. 96 - 5990 CIVIL TERM I CA~HERIHB M. HUDOOII, I III DIVORCE DEFBIIDAJI~ I DEFEHDAJI~'S COUHTER-AFrIDAVI~ UNDER SEC~IOH 3301(d) or ~ DIVORCB CODE 1. Check either (a) or (b): ~a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): . vfa) I do not wish to make any claims for economic relief. 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. ' : . (b) I wish to claim alimony, division of property, important rights. . . economic relief which may include lawyer'S fees or expenses or other I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements he~ein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. (?;?#-~'~/~ Catherine M. Hudson Date: I.~# ?J/?- it; "I is .~ ~~ .. r~ .:)..-r.: - 'J . :t: t);~~ i~,i ~ ~~ ;~~ r- :~'; I~.~ (~. N "S ;~ -:t u i' \U 1L ,no. el ...-- ~ ,." :5 ..n U ., CATHERINE M. HUDSON, DEFENDANT 96-5990 CIVIL TERM GARRY L. HUDSON, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ORDER OF COURT AND NOW, this 23rd day of December, 1996, the request of plaintiff for the entry of a final decree In divorce upon praecipe to transmit the record, IS DENIED at this time. The notice of Intention to request entry of a divorce decree provided to defendant on the same date as plaintiff's affidavit under Section 3301 (d) of the Divorce Code was served. Twenty days must pass from the date of service of the Section 3301 (d) affidavit before the notice of Intention to request entry of a divorce decree may be sent. Burdick v. Burdick, 41 CumberlancrL.J ~;?91). By the Coury / / Michael S. Travis, Esquire For Plaintiff Catherine M. Hudson, Pro sa 172 Florence Drive Harrisburg, PA 17112 > Cl,f'-"" ~".......f,.d I ~ . J. v. 'i (,. :saa