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HomeMy WebLinkAbout99-05911 IF, 21 f(' d n rt rr ^f ET If': JIQ I :try} r!xr <i'[kl CX Y ,. i r ..f +t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ALAN E. BOUDER Plaintiff 11 No. 99-5911 VERSUS MICHELLE BOUDER Defendant DECREE IN DIVORCE AND NOW, Fu v„ 2y . Leoe , IT IS ORDERED AND DECREED THAT ALAN E. BOUDER , PLAINTIFF, AND MICHELLE BOUDER , 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; NONE BY THE COURT: AT TES J. OTHONOTARY -,6 4 ALAN E. BOUDER, Plaintiff V. MICHELLE BOUDER, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5911 CIVIL TERM IN DIVORCE Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for the divorce is irretrievable breakdown under Section of 3301(c) of the Divorce Code. 2. Defendant signed an Acceptance of Service for service of Divorce Complaint on September 28, 1999. 3. Plaintiffs Affidavit required by Section 3301(c) of the Divorce Code was executed by the Plaintiff on January 22, 2000. 4. Defendant's Affidavit required by Section 3301(c) of the Divorce Code was executed by the Defendant on January 21, 2000. 5. There are no related claims pending. Respectfully submitted, ?C ANDREA C. ? A BSEN JACOBSEN ILKES 36 South Pitt Street Carlisle, PA 17013-3220 (717) 249-6427 Attorney for Plaintiff ' Cl- ALAN E. BOUDER, Plaintiff V. MICHELLE L. BOUDER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99- j ? I CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the 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, 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ALAN E. BOUDER, Plaintiff V. MICHELLE L. BOUDER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-57// CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is ALAN E. BOUDER, presently residing at 31 Prospect Road, Carlisle, Cumberland County, Pennsylvania, 17013. 1. Defendant is MICHELLE L. BOUDER, presently residing at 7 Pine Road, Apt 102, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065-1934. 2. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 3. The Plaintiff and Defendant were married May 2, 1981 in Cumberland County, PA. 4. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 5. Neither party to this action in divorce is currently a member of the Armed Forces of the United States of America. 6. Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 7. The marriage between the parties hereto is irretrievably broken. 8. Plaintiff requests the Court to enter a decree of divorce. 9. WHEREFORE, the Plaintiff requests this Court to: a. Enter a final Decree of Divorce divorcing the Plaintiff from the Defendant; and b. Grant such further relief as it shall deem proper and just. Respectfully submitted, 4Y:A &aC. acobsen JACOBILKES 5 2 E. High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 Attorney No. 20952 I I hereby 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. Section 4904, relating to unsworn falsification to authorities. ALAN E. BOUDER 6 Ci.: ?t P. CJ ?? CJ ?? P s v 0 70 ALAN E. BOUDER, Plaintiff V. MICHELLE L. BOUDER Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANLA, NO. 99-5911 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the Divorce code was filed on October 1, 1999m 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 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. In addition, I specifically acknowledge that a full and final settlement of all property and other rights of the parties has been entered between the Pla:'ntiff and Defendant by a Marital Settlement Agreement. 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: -60 A( >, ? ? ALAN E. BOUDER M ALAN E. BOUDER, Plaintiff V. MICHELLE L. BOUDER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5911 IN DIVORCE CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the Divorce code was filed on October 1, 1999m 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 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. In addition, I specifically acknowledge that a full and final settlement of all property and other rights of the parties has been entered between the Plaintiff and Defendant by a Marital Settlement Agreement. 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: oa MICHELLE L. BOUDER G` 7- 1= Ci M :'J i; ? i -' ' -- 'l J _ c? i' n - `j LU L._, a_ L,.- (? ? :.J ALAN E. BOUDER, Plaintiff V. MICHELLE L. BOUDER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5911 IN DIVORCE CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE 1. I consent to the entry of a final decree of 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: /"))10 '6P, ?o. ALAN E. BOUDER ?- C'') jl C' F-- ut?., r i . ', <'C -? t fi ; ?. . _ co ' n ? ;? ?' ` n 4; 4a. il . '?1- .__ U .. .? i I ALAN E. BOUDER, Plaintiff V. MICHELLE L. BOUDER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-5911 : IN DIVORCE CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE 1. I consent to the entry of a final decree of 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: I-2I-06 Q"Mtk f?) I' t- I ;i (J ALAN E. BOUDER, Plaintiff V. MICHELLE L. BOUDER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- Sq 1lCIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I confirm that I received and accepted service of the Divorce Complaint filed in this matter on September 28, 1999, and I recognize that I am the Defendant in this action. QM AA-? • ?-B _ Michelle L. Bouder 7 Pine Road, Apt 102 Mt. Holly Springs, PA 17065-1934 u u' O" i rC' Ci c. fr. r i ,w. Y ? a ? f V ALAN E. BOUDER, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- S9 11 CIVIL TERM MICHELLE L. BOUDER, : IN DIVORCE Defendant : LL'' ORDER OF COURT AND NOW, this L&ay of Acre ?zf.L, 1999 having reviewed the Stipulation for Child Custody of parties and counsel in this matter, it is hereby ORDERED AND DECREED that: 1. The parties shall enjoy shared legal custody of their minor sons, ALAN E. BOUDER, JR. and JONATHAN L. BOUDER, as contemplated by 23 Pa.C.S. §5301. 2. Primary physical custody of ALAN E. BOUDER, JR. and JONATHAN L. BOUDER, shall be with their Father, ALAN E. BOUDER. 3. Partial physical custody of ALAN E. BOUDER, JR. and JONATHAN L. BOUDER, shall be with their Mother, MICHELLE L. BOUDER, during periods of visitation and at such times as the parties may agree, the exact times and periods to be determined by the circumstances. 4. By their Stipulation, the parties have agreed that under the current circumstances, the said Stipulation for Child Custody will serve the best interests of the children. In the event of a change in circumstances, either party may at any time in the future petition the Court for a modification for this Order. Ville-. it ;z 4' 6 ')1666 1`FT}1x`,;? 5. Should either party at any time in the future petition for a modification of the Order of Court based upon their Stipulation, the Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. BY THE COURT: z ALAN E. BOUDER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-5911 CIVIL TERM MICHELLE L. BOUDER : IN DIVORCE Defendant STIPULATION FOR CUSTODY AND NOW, this 5jr day of SW (1, 1999, the parties hereto, enter into a Stipulation for Custody as follows: WHEREAS, the parties hereto are wife and husband who have agreed to separate and to live separate and apart; and WHEREAS, the parties are the parents of Alan E. Bouder, Jr., born September 15, 1983, presently age 16, and Jonathan L. Bouder, born April 4, 1985, presently age 14; and WHEREAS, the parties have reached an agreement regarding the best interests of their said minor children. NOW THEREFORE, Plaintiff Alan E. Bouder (Father) and Defendant Michelle L. Bouder (Mother) do agree and stipulate as follows: 1. Plaintiff (Father) is Alan E. Bouder, residing at 31 Prospect Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant (Mother) is Michelle E. Bouder, with legal residence at 7 Pine Road, Apt 102, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065- 1934. X: ?.v 3. This action is brought with regard to the two children born to the marriage of the parties: The parties are husband and wife. The children are presently in the custody of Father, who resides at 31 Prospect Road, Carlisle, Cumberland County, Pennsylvania, with the children. During the last five years, the children lived with each other and both parents at 31 Prospect Road, Carlisle, Cumberland County, Pennsylvania, until July 1999, and since then with Father at that address. 4. Legal custody of the children shall be shared by the parties. 5. Primary physical custody of the children shall be enjoyed by Father, Plaintiff, Alan E. Bouder. 6. Partial physical custody of the children shall be enjoyed by Mother, Michelle L. Bouder, for visitation at such times as the parties may agree, the exact times and periods to be determined by the circumstances. 7. The parties have 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. 8. The parties have no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 9. The parties do not know of a person, not a party to the proceedings, who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 10. It is the desire and intention of the parties hereto that this Stipulation For Child Custody be filed of record in the Court of Common Pleas of Cumberland County, Pennsylvania, and that it be endorsed as an Order of Court so as to have the full effect thereof. The parties agree that under the current circumstances this Stipulation for Child Custody will serve the best interests of Alan E. Bouder, Jr. and Jonathan L. Bouder. 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 this Stipulation. t M1 ? 11. The parties agree that should either party at any time in the future petition the Court for a modification of the Order of Court based upon this Stipulation, the Cumberland County Court of Common Pleas shall retain jurisdiction of this matter, unless otherwise agreed by the parties. The Plaintiff and Defendant do verify that they stipulate as set forth above and that the statements herein are true and correct to the best of their knowledge and information and belief. Plaintiff and Defendant understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. ??? `l i 11J?.4tRk.CX ?• _1..)6ukX.fJ? ALAN E. BOUDER MICHELLE L. BOUDER Plaintiff Defendant tr u U ill J u? P ? n v ALAN E. BOUDER, Plaintiff V. MICHELLE L. BOUDER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 99-Oq Jt CIVIL TERM IN DIVORCE WAIVER OF COUNSELING ALAN E. BOUDER, 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 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: w r ALAN E. BOUDER 5 % cA r c uJly O ' .1 . l c i W :'r]2 c t O ccn U A