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HomeMy WebLinkAbout97-03267 o "l \I ~ ~ ~ ~ V) \l ~ ~ ~ ' / / :--- - .,:) - t' ..,,) ti C't) . to \)'- . ~ . -:+:- .:+:. .:+:. .:+:- .:+:. .:+:. ':+:'_ -:.;. .:+:. .:.;. .:+:. -:.:- .:+;. .:~:. .:.:- 0:+:- .:.:- -:.:- .:+:. .:.;. :. .:+;.... "--':.:~i'~.:' .:+:. .:+:. .:.:. .:+>,. .:.:.~:.;o4J ~'I~--~~-~~'-'--- ---,-'---..,;------- --~-~-,---- ----- _........ ,-.- -------, --- ~ ~. S ;,.1 ~:. ~i ~' IN THE COURT OF COMMON PLEAS ~ OF CUMBERLAND COUNTY ~i '!;! '.'( ~ STATE OF ~, .r\~, ;~,~l)ttJ PEN N A 'c.";.~~' I . ~"~,.J;'.J- ..( ~ BETTY A. HUGHES ~ i\(), 3267 CIVIL 1<)97 ~ Plaintiff ~, \' t' r,';ll,~ ~ ROBERT D. HUGHES ~ Defendant ~ ~I! " ~ ". ,:.1 ~! ,:.1 ~I DECREE IN DIVORCE ~ AND NOW"" ,~I,I~,.l!>.tIL, 191i", it is ordered and decreed that ,Betty ,A", Hughes " """""",""',", plaintiff, and, , , , , , , , , , RO,bert,D, ' Hughes, , , , , , , , , , , , , , , , , , , , " 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; ~ ~ c' $ ,Marital, Settlement M,reementdated ,sep,telJ1ber15" ,1997. ,and""" Addendum, to, Marital Settlement Agreement dated J,une, 22"19,98,, $ $ ~ " 11, Tht'lJJ~IL oJ- 1, A".", 0 a.t, E' "JJ:) /'-<ilJ",,!,.fY ' ~~'k'< -K 0{i/r (1..4 ;/ ~;"'nlhnllot"ry ~ ~ ~ ~ ~ 7 ~ 7 '.:.:. .:.;. .~ - ~ ~.~..~.~.~..~..~..~..~..~..~.~..~.~,.~:':~..~,~':~,.~..~.,~.~..~-~:.~:.~* ~ .,' ~ $ ~ ~ ~ '.~ ~ .:> ~ ',' ~ ',' ~ " ~ s * ~ I~ * ~ c' s ~ I~ s ~ '" * ~ ~ ~ ,~ I' I~ /.. i: ,-' )'.' .~ ,~ ('.' ::~ ~ ~ ~ ~ ('/3.'/[ (},,( ~' ~~d a-/f 9~.:;,- 6; /3.;; f 7:'d~ /I!aW z: ~ ... .. Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, harassment or interference, indirect or direct, from each other. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness or unlawfulness of the causes leading them to live apart. 3. DIVORCE ACTION: The parties acknowledge that an action for divorce between them has been filed by Wife in the Court of Common Pleas of Cumberland County, Pennsylvania, Hughes v. Hughes, No. 97-3267, Civil Term, In Divorce. The parties hereby acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle, amicably and fully hereby, all claims which might be raised by either party in the divorce action. The parties acknowledge that they will execute the necessary Affidavits of Consent for the entry of a final divorce decree in the pending action upon the sale and final settlement of their marital residence, or on July 1, 1998, whichever shall first occur. 4. STIPULATION FOR CUSTODY: The parties are the parents of two minor children, SETH, born April 6, 1980, presently age 17, and KATY, born November 23, 1984, presently age 12. Their oldest child, NOAH, born May 10, 1978, is presently age 19. The parties hereby agree that the best interest of their minor children will be served by their joint legal and physical custody of their children, with the exact agreement as to residence of the children to be determined by the mutual 2 .. agreement of the parties as determined under the circumstances at the time of physical separation of the parties with consideration to the preferences of the children at that time. The parties agree to execute, simultaneously herewith, a STIPULATION FOR CUSTODY, and that said Stipulation shall be entered in the Court of Common Pleas of Cumberland County, Pennsylvania, and endorsed as an Order of Court with the full effect thereof. The parties acknowledge that in the event of a change in circumstances, either party may at any time in the future petition the Court for a modification for the Order of Court based upon the Stipulation. 5. CHILD SUPPORT: The parties acknowledge their obligation and intent to contribute toward the support of their minor children. On the basis of their anticipated shared physical custody of their minor children, and Wife's agreement to accept primary responsibility for the undergraduate educational expenses of the children, the parties agree that they will continue to share the cost of support and maintenance of the children while they continue to live jointly in the marital residence, and thereafter each party shall be individually responsible for the costs of support and maintenance of the children while the children are in her or his physical custody. 6. COLLEGE F,XPENSES: a. The parties acknowledge and agree that they have jointly contributed to the higher education of their son, NOAH, who is presently enrolled at Penn State Mont Alto, and it is their expectation that they will also contribute to the higher educations of their other two children. The parties acknowledge that at the present time, Wife's income and income potential is greater than that of Husband. On 3 .. such basis, Wife agrees that she will be primarily responsible for the undergraduate education expenses of the parties' children, and also for the vehicle insurance expenses of the children during their time of schooling. This agreement is contingent upon the income situation of the parties remaining approximately as at present. In the event of a significant change of circumstances of either party, Husband and Wife agree to share the education expenses of their children in accordance with their relative incomes and abilities to do so. 7. HEALTH AND HOSPITAL INSURANCE: The parties agree that Husband shall continue to provide health and hospital insurance to Wife and the parties' children, as provided by or through Husband's employer until such time as a final decree in divorce may be entered between the parties. The parties agree that after such time, Husband shall continue to provide health and hospital insurance for the benefit of their children through his employer and Wife shall obtain her own insurance, directly or pursuant to her COBRA rights through Husband's employer as she may determine. The parties agree to share equally the expense of any insurance co-payments of the children, or any uninsured medical expenses as may be incurred on behalf of the children. 8. INCOME TAX: Husband and Wife acknowledge and agree that it is their intention to remain married until at least January 1, 1998, and to file a joint Federal Income Tux return for 1997. The parties agree that for future years, contingent upon Wife's greater contribution to the support and maintenance of the children of the parties by reason of her payment of the children's higher education and 4 .. vehicle insurance expenses, the parties agree to execute such forms as may be needed to allow Wife to claim the parties' sons as her dependents for federal income tux purposes until the boys reach an age or circumstance when they are unable to be claimed. The parties further agree with regard to their daughter, that the right to claim her as a dependent for income tux purposes shall be accorded to the parent with whom she makes her primary residence. In the event that she resides with both parents then the parties shall agree to cooperate and jointly determine the right to claim their daughter based on their respective contributions to her support and maintenance and other agreed upon factors. 9. REAL PROPERTY: The parties acknowledge that they jointly own a residence and real property at 595 Mountain Road, Boiling Springs, Cumberland County, PA, and a building and real property at 218 York Road, Carlisle, Cumberland County, PA, which they agree to distribute between themselves as set forth herein. The parties acknowledge and certify that they own no other real property either jointly or individually. 10. SUBDIVISION OF MOUNTAIN ROAD REAL PROPERTY: The parties acknowledge that their jointly owned residence and approximately 17 acres of real property at 595 Mountain Road, Boiling Springs, P A, acquired by them during the marriage, is marital property. The parties acknowledge that a request for approval has been submitted to South Middleton Township for the right to subdivide the property into two separate tracts including the residence and five and one half (5 1/2) acres on one tract (marital residence tract) and the remaining eleven and one half (111/2) acres 5 .. on the other (undeveloped tract). The parties agree to share jointly the expense of subdividing the premises. 11. SALE OF MARITAL RESIDENCE: a. The parties acknowledge that the marital residence tract is presently listed for sale, subject to subdivision approval, at the listing price of Three hundred ninety-five Thousand Dollars ($395,000). The parties anticipate that they willjointly reside in the property until the house is sold and will jointly be responsible for the expenses of the house and real property. The parties agree to cooperate to facilitate the early sale of the marital residence tract. In the event that the property does not sell in a timely fashion, the parties agree to take such steps as may deemed appropriate or necessary to facilitate or expedite the sale of the premises including reduction of the sales price, or change of realtor, etc. b. The parties agree that upon the sale and final settlement of the premises, they shall apply the proceeds to the costs of sale to satisfy the remaining balance on the home equity loan secured against the property, and to satisfy the remaining balance on the loan secured against the property at 218 York Road, Carlisle, which is the site of Wife's professional office. The remaining proceeds from the sale of the marital residence tract, if any, shall be divided equally between the parties. In the event that the marital residence tract is not sold and settled by July 1, 1998, the terms of distribution of the proceeds of sale shall be subject to renegotiation between the parties, with an adjustment to be made, in an amount to be determined by the parties, in consideration of the relative contributions of the parties post-separation, to 6 J the upkeep and expenses of the premises. 12. MOUNTAIN ROAD UNDEVELOPED TRACT: The parties agree that upon approval for the subdivision of their Mountain Road real property into two separate tracts, and execution of this Agreement, in consideration of the mutual agreements hereunder, Wife shall releasc and convey to Husband all her right, title and interest in the undcvcloped tract which shall thereafter be Husband's exclusive property and shall execute a deed and any other documents necessary to confirm such conveyance and release. 13. 218 YORK ROAD REAL PROPERTY: The parties acknowledge that their jointly owned professional office building and real property at 218 York Road, Carlisle, PA, acquired by them during the marriage, is marital property. The parties agree that upon execution of this Agreement, in consideration of the mutual agreements hereunder, Husband shall release and convey to Wife all his right, title and interest in the 218 York Road property which shall thereafter be Wife's exclusive property and shall execute a dced and any othcr documents necessary to confirm such conveyance and release. 14. PERSONAL PROPERTY: a. The parties acknowledge that there has been considerable distribution between them of their financial holdings and investments, including business bank accounts, individual pension or retirement accounts, mutual fund accounts, vehicles, etc., and other items of their personal, tangible and intangible property, and, except as otherwise provided for in this agreement, or as may be 7 .. mutually agreed upon by the parties, each party agrees that the division of such property is to her or his mutual satisfaction, subject to the agreed upon distribution of household goods and furnishings and personal effects to be distributed by mutual consent of the parties. b. The parties acknowledge that all right, interest and title in Wife's chiropractic practice shall be retained exclusively by Wife. c. Except as otherwise provided for within this Agreement, each of the parties shall hereafter own and enjoy, independently of any claim or right of the other party, all items of personal, tangible and intangible property now or hereafter owned or held by her or him, with full power to dispose of the same effectively and for all purposes as if she or he were unmarried. 15. PENSION RIGHTS: The parties agree that they each waive any and all claims to or interest in any pension rights or retirement funds of the other party. 16. DEBTS OF THE PARTIES: a. The parties certify and acknowledge that they have at this time no joint debts or liabilities aside from the real estate indebtedness referenced above. b. The parties agree that they will not in the future contract or incur any debt or liability for which the other party, his or her property or estate, might be responsible and each further agrees to indemnify and save harmless the other party against any claims that may be asserted by anyone against the other party by reason thereof. 17. NON-MERGER IN DIVORCE DECREE: The parties agree that in the 8 .. event of absolute divorce between them, they shull nonetheless continue to be bound by all the terms of this Agreement, and neither this Agreement, nor the terms hereof, shall be deemed to have been merged in any decree or judgment granted in the divorce action, but shall survive and be forever binding upon the parties. 18. EXECUTION OF DOCUMENTS: Each of the parties shall, from time to time at the request of each other, execute, acknowledge and deliver to the other party any and all further inRtruments that may reasonably be required in order to give full force and effect to the provisions of this Agreement. 19. MUTUAL RELEASE AND COUNSEL FEES: a. Except as provided for in this Agreement, the parties hereby remise, release, quit-claim and forever discharge each other and the estate of each other, for all time to come, and for all purposes whatsoever, from any and every claim, including alimony, alimony pendente lite, spousal support, equitable distribution of marital property, distribution of future income or increase in value of the wife's chiropractic practice, the business ventures or reul property of either party, or any other personal property, tangible and intangible, or the development of such property by the other, or counsel fees or costs under the Divorce Reform Act, or otherwise, that have been or may be made or hereafter made in and to or against each other's estates or any parts thereof, by way or dower or curtesy, or under the intestate laws, or the right to take or elect against the other's will, except only such rights as accrue pursuant to this Agreement. b. Each party hereto agrees that he or she shall individually be 9 . responsible for any and all counsel fees and expenses incurred by him or her in connection with the preparation of this Agreement and the divorce between the parties. 20. NON-WAIVER: The failure of either party to insist in anyone or more instances upon the strict performance of any of the terms hereof in this Agreement shall not be construed as a waiver or relinquishment of such term or terms in the future. 21. RECONCILIATION: The parties agree that in the event of a reconciliation between them, this Agreement shall continue in full force and effect unless terminated by mutual written consent. 22. BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited t.o, court costs and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her, including equitable enforcement of the Agreement. 23. ENFORCEMENT: The parties agree that this Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 24. APPLICABLE LAW AND EXECUTION: The parties hereto agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and shall bind the parties hereto, and their respective heirs, executors 10 ,. .::' -,.. l'.: c. I-- /- I" '.' - , . .! " .. F~. ( .. -, -:i c, ., ; ; j; 1 ,',.J ) " J L. L I\L. q 0- 3dul c.. T. ADDENDUM TO MARITAL SETTLEMENT AGREEMENT OF BETTY A. HUGHES AND ROBERT D. HUGHES THIS ADDENDUM TO MARITAL SETTLEMENT AGREEMENT is made this ~fl".t;jay o~, 1998, by and between BETTY A. HUGHES ("Wife") and ROBERT D. HUGHES ("Husband"). The parties modify their agreement by the addition of the following addendum: 1. LEGAL ADVICE AND VOLUNTARY EXECUTION OF AGREEMENT: Husband and Wife each acknowledge that he and she have received or have had the opportunity to receive independent legal advice from counsel of his or her selection, and that each have determined to complete this Agreement. The parties acknowledge that Wife has been represented by Andrea C. Jacobsen, Esq., JACOBSEN & MILKES, as counsel in this matter and that Husband has elected to proceed without legal representation. Each party agrees that he or she each fully understands the facts, and each has had the opportunity to be fully informed as to his or her legul rights and obligations. The execution of the Agreement is not the result of any duress or undue influence, and it is not the result of any collusion or improper illegal Agreement or Agreements. The parties acknowledge that each has been fully informed with the wealth, property state, and income of the other, and each party is hereby satisfied that such information is true and correct. Each party acknowledges and accepts that this Agreement is in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after he or she has consulted with their counsel, notwithstanding Husband's decision not to have his counsel execute the Marital Settlement Agreement or this Addendum. 2. REAL PROPERTY: The parties acknowledge that they own no real property, jointly subject to equitable distribution between them as marital property. and that all other real property owned by them, individually or jointly with any other party, has been distributed between them in accordance with the terms of this Marital Settlement Agreement and is not subject to equitable distribution between them as marital property. 3. ENTIRE AGREEMENT: The parties acknowledge and a,,"Tee that their Marital Settlement Agreement dated September 15, 1997, as modified by this Addendum, contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth therein and in this Addendum. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year first above written. ~~i,)<- . BE A. H G ES ,Md~ ROBERT D. UG S ,. -- c . ~~ c:: I .,:"l~ " " ~"1 . ).. . : <: i' , .........';... ,! , ) ~ .. l-..~ f' ....L'2 ! I . -.:; ( c ...jJj "\~ .... .. n~ ) \.-1 ()' 0 ~t~t~lG2m~1~~2tG",~~~1~;:\i~}i:;:{;,';;':~;;~~~~~;~)'~q~ti:)l:t.:,:~l~~I~~l-t~;~~~'i,. ,~,; BETTY A. HUGHES, : IN THE C~~RT OF COMMO~:PL~AS.:6F2:,~::",'\,;,~:n,~)~):,.>,-' Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. On CIVIL TERM :1 , - 3::)(.,'1 ROBERT D. HUGHES, 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 may be entered against you by the Court. Ajudgment 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 irretrievallle breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 TELEPHONE: 717-240.6200 BETTY A. HUGHES, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL TERM : q7- ~~lt>( : IN DIVORCE ROBERT D. HUGHES, Defendant COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is BETTY A. HUGHES, who resides at 595 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania. 2. Defendant is Robert D. Hughes, who resides at 595 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 10, 1976, in Mt. Union, Huntingdon County, Pennsylvania, and have been living separate and apart since June 17, 1997. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. 8. Neither Plaintiff or Defendant is a member of the Armed Forces of the United States. WHEREFORE, Plaintiff requests the Court to enter a decree in divorce. EQUITABLE DISTRmUTION 9. Various items of real and personal property were acquired during the marriage and constitute marital property. 10. The Plaintiff requests that this property be divided equitably between them. WHEREFORE, Plaintiff requests equitable distribution of the marital property. CUSTODY 11. Plaintiff is BETTY A. HUGHES, residing at 595 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania. 12. Defendant is ROBERT D. HUGHES, residing at 595 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania. 13. The parties agree that it will be in the best interests of their children, SETH B. HUGHES, born April 6, 1980, and KATY M. HUGHES, born November 23, 1984, if they share primary physical and legal custody of the children. The children were not born out of wedlock. The children are presently in the physical custody of both Plaintiff and Defendant. For the past five years, the children have resided with both Plaintiff and Defendant at 595 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania. 14. The mother of the children is Plaintiff, BETTY A. HUGHES. She is married to the Defendant. 15. The father of the children is the Defendant, ROBERT D. HUGHES. He is married to the Plaintiff. 16. Plaintiff resides at 595 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania, with the Defendant and the parties' children. 17. Defendant resides at 595 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania, with the Plaintiff and the parties' children. 18. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 19. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 20. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims at this time to have custody or visitation rights with respect to the children. 21. Plaintiff and Defendant assert that it is in the children's best interests for both parents to share primary physical and legal custody of the children, because both Plaintiff and Defendant are loving parents well capable of caring for their children. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant primary physical and legal custody to both Plaintiff and Defendant. Respectfully submitted, €Jill '6 J (/7 Q~~, BY: Andre C. Jacobsen, Esq. JACOBSEN MILKES 52 East High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 20952 BETTY A. HUGHES, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CML TERM c1?_3:l~1 v. ROBERT D. HUGHES, Defendant : IN DIVORCE WAIVER OF COUNSELING BETTY A. HUGHES, Plaintiff herein, hereby states and certifies as follows: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 PaC.S. Section 4904, relating to unsworn falsification to authorities. - Dated: i 01\&1(1) /:L-,{;.' !-i-I-.~c BETTY A. HUGHES ,,.....,, II ....... 3 0 oJ ~ t -0 ~ >- l() >- u; ..:J to: 2 ..} -.l ,-~ c.~ ;~.~ lJJQ ~ ::r @ c..-'.', :.c \.. ,...... \[) "j- c-( : .-- .::.... ..~ :.-j Irl t..... ::t- al: ') () : (. "0 rf) O. 1/ L'.J11 T '!1 _.1, ~: :J ~ '1l u... ~. [. - ' '.:...:... j ~ u. r- :::; () (J "" u ~',~~'!i{~~<~~"'<'W,,,,,-ft' "'t/'---""" ,."",.",,",,,,-+~~ ..~ ijf?IJ~~!~~X~%~t7~~1,:~;Xi~;,~j'J~~!7.dT~:~~1:~:r~1.:;~~t~j~3~i~~~;~~~~ ,_ BETTY A. HUGHES, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-3267 CIVIL TERM ROBERT D. HUGHES, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT and WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER II 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under the Divorce code was filed on June 18, 1997, and served on June 27, 1997, on the grounds that the marriage of the parties is irretrievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of 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. , 5. 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 the 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. /) I Date: ! ( L Y .)i ;1~ Cl Xii:-- BETTY' . HUGHES /,),/ I' I I ' ,- , , , c:: .. ...... , ',r , , ; , .- , -- ,. -- , '.' '::. 1 -- ~ ::"1 c' -- .' f" , ~ J >.. U. ,: " , ,- ( " J cU , ,- ;:1 '-'- ;..:t ...; I ,- 00 ~) Co 0' U .:,. .!~~~re~~~~~~;fi~i~}~~{;~,~:~:~~~:.t~;:t~:~;{.~'i;,~';.li:,;';0:t;tti~1&~~~: BETTY A. HUGHES, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97-3267 CIVIL TERM v. ROBERT D. HUGHES, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT and WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under the Divorce code was fLIed on June 18, 1997, and served on June 27, 1997, on the grounds that the marriage of the parties is irretrievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of 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. 5. 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 the 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:, 0 t./'l \j.~ / ,/'/}: fl~ .J' fl~~f~ ROBERT D. HUGH i" . t fM'ii t ,t ~"":i .~ 'O-1.~~:~~~~::r!?~:)'~E:r;~:'f..";~<6:/i.'--~:'-',_.::~,:~i ;~~'_'~~\-'~,~:';~,~,'f~<~!;L.';''':-.iV;'f;?~fiK~~~J~~N~ ~ :',~?,.~,~,_~.~,'~.';.._:~,~,;?,_;>,;~~';,o,~~;~",~,',_-,:"';'_~.;'.~'.;.~,~~,',;, .... ~..;I ;;,::J ,c{:.'t:\....._.'?t...<\I';.\..:.~.'.' '.. ,. -'(711)~~7:" ".'." -'__~'_ :-_'''' '<;: -;,'~~"':-\'-""\:\';!i";'lirr!ii: ::.~. .... .. ;-; :-::r, .:. -,' .. ~:':- ,'- _-~---_ ~~.. ~< 1~1S1;;::~11l'1~~t~~~!~}::(~ ~;:;:}~~->i- :).:~t~: < ~i ,"- ':J;>"-V~;k';>~~' ~ ',~J ! )., r<;~ ~~.'~;.:-r,:~;:~,~:'-':;';C-~~~ 'B~:52:~:t~~~f:;~!;~':~~~~i- _ BETTY A. HUGHES, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND, COUNTY, PENNSYLVANIA : c'lll'3')(o'l : NO'- ,'- CML TERM v. ROBERT D. HUGHES, Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, ROBERT D. HUGHES, the Defendant in the above-captioned matter, accept service of the Complaint Under Section 3301(c) of the Divorce Code. I hereby verify that the statements made in the foregoing are true and correct. I understand that fal8e statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: (SIJ) jrl )r: {!' -! /~~~ ROBERT D. HUG S Mailing Address: 595 Mountain Road Boiling Springs, PA 17007 ~ >- ill ~ II; - i~ . .- u/...~ c:l " " ( ), . u_, '-. ". : O' , . . (:' [~ C': , E-:o:l .... '.... .. ~o.. 1I r- 5 () 0' u