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HomeMy WebLinkAbout03-2928Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 30l Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JEFFREY HUDAK, Plaintiff V. KELLY JO HUDAK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~3 - ,,,-'~,~ CiVil TERM CIVIL ACTION - LAW 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 pages by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JEFFREY HUDAK, KELLY JO HUDAK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : NO. C)3- ,,~q,,~ CIVIL TERM Defendant : CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 330f(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Jeffrey Hudak, by and through his attorneys, Johnson, Duffle, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Kelly Jo Hudek: 1. The Plaintiff is Jeffrey Hudak, an adult individual, residing at 1015 S. Waterford Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. Plaintiff's Social Security Number is 174-56- 3897. 2. The Defendant is Kelly Jo Hudak, an adult individual, residing at 212 Edenderry Way, Enola, Cumberland County, Pennsylvania 17025. Defendant's Social Security Number is 179-54-9023. 3. The Plaintiff and Defendant were married on May 19, 2001, in Vanport, Beaver County, Pennsylvania, and separated on or about June 1, 2003. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage counseling and he may have the right to request that the Court require the parties to participate in counseling. WNEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce under Section 3301(c) or 3301(d) of the Divorce Code. COUNT II - EQUITABLE DISTRIBUTION 8. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 7 inclusive, of the Complaint as if the same were set forth herein at length. 9. Plaintiff and Defendant have legally and beneficially acquired certain real and personal property during their marriage. 10. The parties have had some discussions regarding equitable distribution and Plaintiff is hopeful that the parties will be able to reach a written agreement which could be made into an Order of Court without the necessity litigation. WHEREFORe, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property. :214557 JOHNS~IE, STEWART & WEIDNER VERIFICATION I, Jeffrey Hudak, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JEFFREY HUDAK, Plaintiff V. KELLY JO HUDAK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT JEFFREY HUDAK, being duly sworn according to law, deposes and says: 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 Prothonotary's 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 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.C.S. {}4904, relating to unsworn falsification to authorities. Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Permsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JEFFREY HUDAK, KELLY JO HUDAK, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2928 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE RETURN OF SERVICE The undersigned makes the following return of service: The Complaint in Divorce was sent certified mail, restricted delivery, to the Defendant, Kelly Jo Hudak, on June 23, 2003 at 212 Edenderry Way, Enola, PA 17025. X A copy of the signed return receipt indicating service was completed on June 25, 2003 is attached hereto. The mail, refused and returned, is attached. A copy mailed to the Defendant at the same address by ordinary mail with the return address of the sender appearing thereon has not been returned within fifteen days after mailing. I, Melissa Peel Greevy, certify that I am a competent adult not a party to the action. I verify that the statements made in this affidavit and return of service 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. :214557-6 (Me'ssa ¢r~e'TGreevy · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse I.~SO that we can return the card to you. Attach this card to the back of the maitpiece, on the front if space permits. icle Addressed to: 2. Article Number rr~n~f, rfro~, 7001 2510 0001 [] Agem [] Addressee ;. Date of Delivery nl? []Yes [] No [] Express Mall [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4138 5435 PS Form 3811, August 2001 Domestic Return Receipt 10259S-0S-M-1540 JEFFREY HUDAK, Plaintiff KELLY JO HUDAK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-2928 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT IN DIVORCE AND COUNTERCLAIM AND NOW, comes the Defendant, by and through her attorney, Marianne E. Rudebusch, Esquire, and respectfully files the following Answer and Counterclaim: 1. Admitted. 2. Admitted. 3. Admitted in part, denied in part. It is admitted that the parties were married on 5/19/01 in Vanport, Beaver County, Pennsylvania. It is denied that the parties separated on or about June 1, 2003. The parties separated on May 24, 2003. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. The Defendant is without sufficient knowledge as to the truth of this averment and therefore, it is denied. COUNT II - EQUITABLE DISTRIBUTION 8. No Answer required. 9. Admitted. 10. Admitted in part, denied in part. It is admitted that the parties have had some discussions regarding equitable distribution. Defendant is without sufficient knowledge to form a belief as to the truth that Plaintiff is hopeful that the parties will be able to reach a written agreement which could be made into an Order of Court without the necessity of litigation and therefore, this averment is denied. COUNTERCLAIM CLAIM FOR ALIMONY PENDENTE LITE UNDER SECTION 3702 OF THE DIVORCE CODE 11. Defendant hereby incorporates by reference all of the averments contained in paragraphs 1 through 10 of this Answer and Counterclaim. 12. Defendant does not have sufficient funds to support herself during the pendency of this action. 13. Plaintiff is well able to pay support to Defendant. 14. Defendant requests this Court to grant her alimony pendente lite. WHEREFORE, Defendant respectfully requests this Honorable Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; and equitably distributing all property owned by the parties hereto; and directing the Plaintiff to pay alimony pendente lite to Defendant; and for such further relief as the Court may determine to be equitable and just. Respectfully Submitted, Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: JEFFREY HUDAK, Plaintiff KELLY JO HUDAK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-2928 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: -7- 2 ~- o~ Johnson, Duffle, Stewart & Weidner By: Mclissa Pecl Grcevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JEFFREY HUDAK, Plaintiff V. KELLY JO HUDAK, Defendant IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, NO. 03-2928 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, madethis ~'//~ da[o~/[z/~_.j~,2004, by and between KELLY JO HUDAK, of Enola, Pennsylvania, (hereinafter WIFE') and JE~tEY HUDAK, of Mechanicsburg, Pennsylvania, (hereinafter "HUSBAND"); WITNESSETH: WHEREAS, the parties hereto were married on May 19, 2001, in Van Port, Beaver County, Pennsylvania; and WHEREAS, a divorce action was filed by HUSBAND on or about June 20, 2003, in the Cumberland County Court of Common Pleas, and docketed at 03-2928 Civil Term; and WHEREAS, there are no minor children of the marriage; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including but not limited to: the equitable distribution of the marital property; past, present, and future spousal support; alimony, alimony pendente lite, and in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and by each party and for other good and valuable consideration, the parties, intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this agreement and their legal effect has been fully explained to the parties by their counsel. HUSBAND is represented by Melissa Peel Greevy, Esquire of Johnson Duffle, Stewart & Weidner WIFE is represented by Marianne E. Rudebusch, Esquire. Each party acknowledges that he or she has had the opportunity to discuss with counsel of their choosing, the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties further declare that each is executing the Agreement freely and voluntarily having obtained sufficient knowledge and disclosure of their respective legal rights and obligations. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. The parties agree to execute Affidavits of Consent for divorce and Waiver of Notice of Intention to Request Entry of a Divorce Decree contemporaneously with the execution of this Marital Settlement Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced -2- in the Divorce Decree. This Agreement shall not merge with the Divorce Decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the last party executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments excepts as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a life time conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. _FINANCIAL DISCLOSURF The parties represent and warrant that each have made full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Neither party wishes to make or append hereto any further enumeration or statement. Each party warrants -3- that he or she is not aware of any marital asset which is not identified in this Agreement. The parties confirrr that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the dght to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have a right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and the terms adequately provide for his or her interests, and that this Agreement is not the result of fraud, duress, or undue influence exercised by either party upon the other or by any person or persons upon either party. Each party further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors or assigns, in action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 6. .SEPARATION-INTERFERENCF. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as if fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct carry on and engage in any business, occupation, or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb or malign each other or the respective families of each other. 7. pEBT$. The parties agree that they shall take prompt action regarding any remaining joint credit accounts which have not been closed and agree that they shall immediately close such accounts. Any debt which was on a joint account as of May 24, 2003 shall be the debt of the maker and if unpaid shall be immediately paid or transferred to an individual account in the name of the party who created the debt. HUSBAND represents and warrants to WIFE that since May 24, 2003, 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 he shall indemnify and save WIFE harmless from any and all claims and demands made against her by reason of such debts or obligations incurred by him since May 24, 2003, -4- WIFE represents and warrants to HUSBAND that since May 24, 2003 she has not and in the future will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims and demands made against him by reason of such debts or obligations incurred by her since the May 24, 2003. 8. RETIREMENT BENEFITS. WIFE has a 401 (k) through her employer with a pre-marital value of nine thousand one hundred fifty ($9150) dollars as of June 30, 2001 and a value at June 30, 2003 of thirteen thousand five hundred seventy four ($13,574) dollars. HUSBAND has the option to purchase 250 shares of his employer's stock exercisable through his employer through 2008. The strike price is $2.20 per share. HUSBAND represents that the options are non-transferable and not assignable. HUSBAND and WIFE waive any and all right title or interest that one may have in any pension, 401(k) or retirement, stock option or employee benefi the other may have through his or her employer. 9. LIQUID MARITAL ASSETS The parties have agree that they had joint checking and savings accounts and credit union accounts at Members' First Credit Union and HUSBAND had a joint account with Jerome and Ann Hudak at the Navy Federal Credit Union. At the time of separation, WIFE removed funds from the parties' joint Members' First credit union account into an account in her name alone. Contemporaneously with the execution of this Agreement, WIFE will pay HUSBAND a single lump sum payment of seventeen thousand five hundred ($17,500) dollars. This payment is intended to represent equitable distribution of HUSBAND'S interest in the Members' First accounts and the marital home. Because this payment is in the nature of equitable distribution, it shall not be considered tax includable to HUSBAND, nor tax deductible to WIFE. WIFE shall retain the remaining funds in the Members' First accounts. HUSBAND shall retain the Navy Federal Credit Union account. Any other individual accounts now owned by the parties shall become the sole and separate property of the party in whose name the account is currently titled. Except as specified herein, both parties waive any rights they may have to the bank or credit union account(s) of the other. -5- 10. AUTOMOBILES. HUSBAND and WIFE agree that HUSBAND will retain the value of his 1998 Acura Integra, which has been traded in on another vehicle. HUSBAND shall be solely responsible for all costs associated with his vehicle, to include registration, maintenance, and insurance related to the vehicle. WIFE agrees to execute any documents needed to effect the transfer of all of her right, title and interest in said vehicle to HUSBAND alone. HUSBAND and WIFE agree that WIFE shall retain the value of the 1997 Chevrolet Cavalier, which ~s unencumbered. WIFE shall be solely responsible for all costs associated with her vehicle, to include registration, maintenance, and insurance related to the vehicle. HUSBAND agrees to execute any documents needed to effect the transfer of all of his right, title and interest in said vehicle to WIFE alone. 11. THE MARITAL HOME. The parties are the owners of a residence, which is madtal property, located at 212 Edenderry Way, Enola, Pennsylvania. The parties stipulate and agree that WIFE will refinance the marital home in her name alone, releasing HUSBAND from the mortgage obligation, and that the settlement shall occur no later than NINETY (90) days from the date of the execution of the Marital Settlement Agreement. WIFE represents that she has been pre-qualified for the mortgage. In conjunction with his release from the mortgage obligation and WIFE'S refinancing of the marital residence, HUSBAND will sign a deed conveying all of his right title and interest in the marital home to WIFE alone. 12. .HOUSEHOLD GOODS AND PERSONAL PROPER'P,'. The parties agree that they have previously divided the household goods, and personal property to their mutual satisfaction as illustrated in Exhibit "A", attached hereto. The parties agree that this distribution of goods and personal property is satisfactory and equitable. To the extent that the goods and property have not been received by the parties in accordance with this exhibit, the parties will promptly cooperate with making the goods available as needed to effect the intent of this Agreement. However, in no event shall the distribution of goods be delayed more than fifteen (15) days following the execution of this Agreement. -6- 13. ALIMONY. WIFE filed a support complaint in the Cumberland County Domestic Relations Section, docketed to 00636-S-2003, PACSES Case Number 908105640. A support conference is presently scheduled for February 4, 2003. HUSBAND and WIFE stipulate and agree that WIFE shall withdraw and discontinue her complaint for support, with prejudice, promptly after receiving the Marital Settlement Agreement, Affidavit of Consent and Waiver of Notice, executed by HUSBAND. HUSBAND and WIFE waive now and forever, any and all right or claim, past or future, to support from the other, whether the claim be in the form of mortgage contribution, medical support, alimony, alimony pendente lite, or spousal support. 14. 2003 TAXES AND PAST DUE TAX~=-~. HUSBAND and WIFE agree to file 2003 income tax returns jointly. In the event there are refunds, the shall share the refunds equally. HUSBAND and WIFE shall share equally the costs of the preparation of the 2003 income tax returns. The parties have heretofore filed joint Federal and state tax ratums. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 15. COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of the Agreement, including but not limited to the signing of documents. The parties will sign Affidavits of Consent and Waivers of Notice of Intent to Request Entry of a Divorce Decree contemporaneously with the execution of this Agreement. -7- 16. .ATTORNEY FEESt COURT COSTR, Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek contribution thereto from the other party except as otherwise expressly provided herein. HUSBAND shall bear the cost of his attorney in the Preparation of this Agreement. 17. .ATTORNEYS' FI=ES FOR ENFORCEMENT. In the event that either party breaches any provisions of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. However, the alleged breaching party shall not be required to pay the other party's attorney's fees, costs and expenses in the absence of a written demand by one party to the other providing days to comply and a subsequent written demand provided to the counsel of record. Demand shall be adequate if it is sent via certified mail and provides at least fourteen (14) calendar days from the date of mailing for compliance. For purposes of this provision, and in absence of notice to Defendant to the contrary, the Presumptive correct mailing address for notice to the Plaintiff shall be: JEFFREY HUDAK 1015 South Waterford Way Mechanicsburg, PA 17050 For purposes of this provision, and in absence of notice to the Plaintiff to the contrary, the presumptive correct mailing address for notice to the Defendant shall be: KELLY JO HUDAK 212 Edenderry Way Enola, PA 17025 In absence of a notice to the other party of change of address, a breaching or alleged breaching party shall not be relieved of obligation for attorney's fees, costs and expenses under this paragraph for failure to receive written demand. -8- It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 18. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a) The right to obtain an inventory and the appraisement of all marital and non- marital property; (b) The right to obtain an income and expense statement of either party; (c) The right to have all property identified and appraised; (d) The right to further discovery as provided by the Pennsylvania Rules of Civil Procedure and the Pennsylvania Divorce Code, including but not limited to, written interrogatories, motions for production of documents, the taking of oral deposition, any all other means of discovery permitted under the law; (e) The right to have the court make all determinations regarding marital and non- marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 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. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. -9- 21. 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 for herein. No modification of this Agreement shall be valid unless it be in writing and executed by both parties with the same formality as was this Agreement. 22. .CONTRACT INTERPRETATION~ For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first written above. Witness KELLY/JO' HUDAK Witness :223456 '~RE¥ HUDAK -10- COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF : Onthe /~ dayof ~"".~ .~ ,2004, beforeme, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared KELLY JO HUDAK to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first above written. / Notary Public COMMONWEALTH OF PENNSYLVANIA : COUNTY OF (. l{ lX_~'i: ~ / ~ ,~ : SS. On the .-~L'~ day of / ~',/"/~/i~ 2~_ ,2004, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersignd~l officer, personally appeared JEFFREY HUDAK, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first above written. / Notary P~blic L Kristee K. Myem, Notay Pub~ emoyne I~ro, Cumberland County MY Commission Exp n~s Dec. 2, 2006 Member, Pennsyk. ania Association Of Notaries -11 - EXHIBIT "A' Jeff Kelly Refrigerator Computer and software Printer, scanner and Computer table Shop Vac Electrolux vacuum cleaner Wok Japanese sushi dishes and chopsticks Book case in computer room Power drill with bit set VCR in living room Nail/screw holder in garage Dryer Yard tools, 1 snow shovel Holiday decorations DVD player Power tools, Dremmel set Recliner in living room Entertainment center in basement TV in basement Futon 2 chandeliers 3 ceiling fans Rugs Hose, gardening tools, Sprinklers, 1 snow shovel Living room set Bedroom set Grill Exercise equipment Dumbbells, rack Work out bench, Treadmill Digital camera and accessories Digital camcorder Entertainment center in living room China Baker's rack Washer Lawnmower Holiday decorations -12- Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JEFFREY HUDAK, Plaintiff V. KELLY JO HUDAK, Defendant IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2928 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Date: February 13, 2004 :223863-5 Please withdraw the Count for Equitable Distribution filed by Plaintiff in the above captioned matter. JOHNS~IE, ST,~ WEIDNER ~ '/ Ig~'lissa Peel Greevy CERTIFICATE OF SERVlCF AND NOW, this 13~ day of February, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing Praecipe upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 JOHNSO~FIE, STEWART & WEIDNER "-" "~lissa Peel Greevy I Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JEFFREY HUDAK, KELLY JO HUDAK, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2928 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 20, 2003. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about June 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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.C.S. {}4904 relating to unsworn falsification to authorities. Date: <~/~/0 4 ~ :223863 ~udak, Plaintiff Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JEFFREY HUDAK, Plaintiff V, KELLY JO HUDAK, Defendant IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2928 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREF UNDER SECTION 330'1(c) OF THE DIVORCE CODP 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of properly, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 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.C.S. {}4904 relating to unsworn falsification to authorities. Date: :223863-2 6d~k, Plaintiff Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JEFFREY HUDAK, Plaintiff V. KELLY JO HUDAK, Defendant IN THE COURT Of COMMON PLEAS Of THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2928 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 20,2003. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about June 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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.C.S. §4904 relating to unsworn falsification to authorities. Date: Z- :223863-3 Johnson, Duffle, Stewart & Weidner By: Melissa Peel Grcevy I.D. No. 77950 301 Market Street P. O. Box 109 Lcmoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff JEFFREY HUDAK, Plaintiff V, KELLY JO HUDAK, Defendant IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2928 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 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.C.S. {}4904 relating to unsworn falsification to authorities. Date: Kelly Jo/Hudak, Defendant :223863-4 JEFFREY HUDAK, Plaintiff KELLY JO HUDAK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-2928 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO WITHDRAW COUNTERCLAIM TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw Defendant's Counterclaim for Alimony Pendente Lite filed under Defendant's Answer to Plaintiff's Complaint in Divorce and Counterclaim on 8/1/03. Respectfully Submitted, Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Dated: IN THE COURT OF CC~MON PLEAS OF JEFFREY HUDAK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-2928 CIVIL TERM vs. KELLY JO HUDAK, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following inform~tion~ to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) ~X~) of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Mailed to De~endant via certified mail, restricted delivery on J~ne 23, 2003 and received by Defendant on June 25, 2003. Return of Service filed with this C~urt on July 2, 2003. 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 February 3, 2004 by the defendant February 4, 2004 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None.' The Marital Settlement Agreement dated February 4, 2004 shall be incorporated, but not merged, ,into the Decree in Di~qrce. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(1)(i) of the Divorce Code Waiver of Notice signed by Plaintiff on February 3, 200~-~iled concurrently herewith. waiver o~ Notice signed by Defendant on February 4, ~04 and filed concurrently herewith Attorney for' Plaintiff/Defendant Melissa Peel Greevy Attorney ID #77950 IN THE COURT OF COMMON PLEAS JEFFREY HUDAK, Plaintiff VERSUS KELLY JO HUDAK, Defendant OFCUMBERLAND COUNTY STATE OF PENNA. NO. 03-2928 CIVIL TERM DECREE IN DIVORCE AND NOW, DECREED THAT AND JEFFREY HUDAK KELLY JO HUDAK ARE DIVORCED FROM THE BONDS OF MATRIMONY. 2004, It IS ORDERED AND _, PLAINTIFF, __, DEFENDANT, 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 Marital Settlement Agreement dated February 4, 2004 shall be incorporated, but not merged, into this Decree in Divorce and is enforceable as an Order of Court as provided in 23 Pa.C.S. §3105. . gou; JEFFREY HUDAK, Plaintiff KELLY JO HUDAK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2928 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that the plaintiff in the above matter, having been granted a Final Decree in Divorce on the 26th day of Febmm3~ ,2004, hereby elected to retake and hereafter use her maiden name of KNOTT and gives this written notice avowing her intention in accordance with the provision of 54 Pa.C.S.A. Section 704(a). Date: Kelly Jo Hu&4k / TO BE KNOWN AS: Kelly Jo Knott / JEFFREY HUDAK, Plaintiff KELLY JO HUDAK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; : NO. 03-2928 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT On the /_~day of ~ , 2004, before me, a Notary Public, personally appeared Kelly Jo Hudak, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public (,~ KAT.[RINI[ A. FREY, NOTARY PUBUC tOWER P~ON ~e, DAUPHIN COUNTY ~ COM~mm ~P~ES ~EP~ 2, ~00~