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HomeMy WebLinkAbout04-0574IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND William David Peterson, Plaintiff 9 Butternut lane Mechanicsburg, Pennsylvania 17050 380-52-8197 Deborah Mary Peterson, Defendant 16 Maple Drive Mechanicsburg, Pennsylvania17050 160-56-9394 § CIVIL ACTION - LAW § CASE NO. § IN DIVORCE TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court for divorce. If you wish to defend against the claims set forth on the other side of this page, 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 this paper by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of you child or children. When the ground for 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, in Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE DIVORCE OF 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. Office of the Prothonotary CUMBERLAND County Courthouse Carlisle, PA. Telephone('T/t7 ) (,~'7- O:~-// IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND W111am David Paterson, Plaintiff 9 Butternut Lane Mechanicsburg, Pennsylvania 17050 380-52-8197 Deborah Mary Peterson 16 Maple Ddve Mechanicsburg, Pennsylvania 17050 160-56-9394 CIVIL ACTION - LAW 05/- 5-~7~ ~TERM CASE NO. IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is William David Paterson, who resides at: 9 Butternut Lane; Mechanicsburg, Pennsylvania 17050. 2. Defendant is Deborah Mary Petemon who resides at: 16 Maple Drive; Mechanicsburg, Pennsylvania 17050. 3. [] Plaintiff and/or [] Defendant have been a bona fide resident(s) of the Commonwealth of Pennsylvania for at least six months immediately prior to commencement of this action. 4. Plaintiff married Defendant on June 2, 1979 at Mundelein, Lake County, Illinois. Attached hereto and marked as Exhibit 'A' is the certificate of marriage evidencing said marriage. 5. Neither plaintiff nor defendant is in the military or naval services of the United States Or its allies within the provisions of the Soldier's and Sailor's Civil Relief Act of Congress 1940 and its amendments. 6. There has been a prior action of divorce between the parties (CASE # 95-4251 CIVIL), filed in Cumberland County, Pennsylvania in 1995. Said case is still in Active status. Both parties have lived separately and apart from one another since that time, exceeding eight years. 7. The marriage is irretrievably broken. 8. Plaintiff intends to file an affidavit Consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. Complaint for Divorce; Page Exhibit 'A' Certificate of Marriage IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND William David Peterson, Plaintiff 9 Butternut lane Mechanicsburg, Pennsylvania 17050 380-52-8197 Deborah Mary Peterson, Defendant 16 Maple Drive Mechanicsburg, Pennsylvania17050 160-56-9394 § CIVIL ACTION - LAW § CASE NO. § IN DIVORCE TERM COUNSELING NOTICE RULE 1920.45(a)*(1) The Divorce Code of Pennsylvania requires that you be notified of the availability of counseling where a divorce is sought under any of the following grounds: Section 3301 (a)(6) Indignities Section 3301 (c) Irretrievable breakdown Mutual Consent Section 3301 (d) Irretrievable breakdown Two/Three year separation A list of qualified professions is available for inspection in the Office of the Prothonotary CUMBERLAND County Courthouse Carlisle, PA. Telephone( ~ I "'J ) IN THE COURT OF COMMON PLEAS OF THE OF PENNSYLVANIA COUNTY CUMBERLAND William David Peterson, Plaintiff 9 Butternut lane Mechanicsburg, Pennsylvania 17050 380-52-8197 Deborah Mary Paterson, Defendant 16 Maple Drive Mechanicsburg, Pennsylvania17050 160-56-9394 JUDICIAL DISTRICT § CIVIL ACTION - LAW § CASE NO. § IN DIVORCE TERM AFFIDAVIT OF NON-MILITARY SERVICE William David Peterson, being duly sworn according to Law, deposes and says that Plaintiff knows by Plaintiff's own personal knowledge and therefore avers that the defendant, Deborah Mary Peterson, is 42 years of age and that Defendant is not in the military service of the United States or its allies, or otherwise within the provision of the Soldier's and Sailor's Civil Relief Act of Congress 1940 and its amendments and that the defendant is employed by Central Pennsylvania Ob/Gyn. S~,~¢.;,~x.lorn to and subscribed before me this the ~' day of '~~ary Public William David Peterson, Plaintiff No a A Seal Joseph L. Grov.e., Notary Public Silver Spring Twp., Cumberland County I My June 18, 200~ Con m Expires IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND William David Peterson, Plaintiff 9 Butternut lane Mechanicsburg, Pennsylvania 17050 380-52-8197 Deborah Mary Peterson, Defendant 16 Maple Drive Mechanicsburg, Pennsylvania17050 160-56-9394 § CIVIL ACTION - LAW § TERM § CASE NO. OF § IN DIVORCE AFFIDAVIT AS TO SIGNATURE William David Peterson, being duly sworn according to law, deposes and says that William David Peterson is the Plaintiff in the above-captioned divorce action; that William David Peterson is familiar with the signature of the Defendant; and that the signature on the Acceptance of Service attached hereto as Exhibit "A" is the signature of the Defendant, Deborah Mary Peterson. Date: ~ ' Willfam David Peterson, Plaintiff Sworn to and subscribed before me this the II +¼ day of Notary Public NOTARIAL SEAL JANET C. WALLETr, Notary Put~ic Etters, York County My Commission~.'E_Ez.xcres May 6, 2004 IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND William David Peterson, Plaintiff 9 Butternut lane Mechanicsburg, Pennsylvania 17050 380-52-8197 Deborah Mary Peterson, Defendant 16 Maple Drive Mechanicsburg, Pennsylvania17050 160-56-9394 § CIVIL ACTION - LAW § TERM § CASE NO. 0Y~ ~'7~ t', ,/,'/ § IN DIVORCE ACCEPTANCE OF SERVICE I, Deborah Mary Peterson, am the Defendant in the above entitled case and I do hereby accept service of the Complaint in Divorce filed in the above-captioned matter. Date Deborah Mai-y Pe'terson, defendant IN THE COURT OF COMMON PLEAS OF THE __ JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBI=RLAND William David Paterson, Pl~nfiff 30 Greenspdng Ddve Mechanlcsburg, Pennsylvania 17050 380-52-8197 Deborah Mary Peterson 16 Maple Drive Mechanicsburg, Pennsylvania 17050 160-56-9394 § CIVIL ACTION - LAW § TERM § CASE NO. 04-574-Civil § IN DIVORCE MARITAL SE'I'I'LEMENT AGREEMENT THIS AGREEMENT made and entered into this 13th day of May, 2004, between William David Peterson, residing at 30 Graenspdng Drive, Mechanicsburg, Pennsylvania 17050 and Deborah Mary Peterson, residing at 16 Maple Ddve, Mechanicsburg, Pennsylvania 17050. WHEREAS we were married to each other on June 2, 1979 and lived as husband and wife until such time as we separated on Deceraber 20, 1995 and have remained in a bona fide state of separation since that time; VVHEREAS there are the following unmarried child(ran) under the age of eighteen years bom to or adopted by the parties; and for the purposes of this Ag~reement, 'Child" shall include each child, whether one or more, who is a subject of this suit while that child is under the age of eighteen years and not otherwise emancipated. The following child under the age of eighteen years old was bom to or adopted by the parties of the marriage: Name Age Birthdate Social Secudty Number Ashlee Lynne Peterson 15 April 12, 1989 185-70-6181 WHEREAS a permanent breakdown of the rnar~age has arisen between us and we are now living separate and apart from each other; and WHEREAS we now intend, by this agreement, to make a final and complete settlement of all of our rights and obligations concerning division of property, spousal support, and employee retirement benefits; and WHEREAS in consideratfon of the premises and mutual promises and undertakings herein contained, and for the good and valuable consideration, the parties agree, to the following: I. THE PARTIES AGREE to live separate and apart from the other party, with the intention thereafter never again to resume the marital relationship, flee from any control, restreint or interference, direct or indirect with the other party, and in respects to live as if he or she were sole and unmarried. MUTUAL RELEASE: Wife and Husband from this date and at all time hereafter may purchase, acquire, own, hold, possess, encumber, dispose of and convey all classes and kinds of property both real and personal as though unmarried and free from consent, joinder and interference of the other party, it being the understanding and agreement on the part of each of the parties hereto theft in the sale, transfer and conveyance of any property hereafter, real or personal, it shall not be necessary in order for the grantee to have good title, that the other party hereto shall sign and execute to the grantee the deed, conveyance, deed of trust, mortgage or bill of sale conveying or selling the property, it being the agreement and covenant of the parties hereto that each has forever released and discharged the prope~ of the other from all claims, Marital Settlement Agreeraent; Page ] interest and estate on his or her pa~t, and that each shall be in the same position as if such party were single and unmerited. II. DIVISION OF PROPERTY: We agree that we have divided the property and debt of our marital estate. II1. NOTICE Each party shall send to the other party, within three days of its receipt, a copy of any correspondence from creditor or taxing authority concerning potential liability of the other pa~. IV. ALIMONY - MAINTENANCE Both pa~es agree to waive any rights or claims that either may now have or in the future to receive alimony, maintenance, or spousal support from each other. Both parties understand the full import iraport of this provision. V. NECESSARY DOCUMENTS THE PARTIES AGREE TO EXECUTE AND DELIVER TO the other parl¥ any documents that may be reasonably required to accomplish the intention of this instrument and shall do all other necessary things to this end. VI. SUBSEQUENT DISSOLUTION OF MARRIAGE: It is agreed that this Agreement may be offered into evidence by either party in any dissolution of marriage proceeding, and if acceptable to the Court, this Agreement shall be incorporated by reference in any Final Judgment that may be rendered. However, notwithstanding incorporation in the Final Judgment, this Agreement shall not be merged in but shall survive the Final Judgment and be binding on the parties at all times. VII. PARENTING PLAN: JOINT LEGAL CUSTODY WITH PRIMARY PHYSICAL CUSTODY: Husband and Wife shall each sha~'e Jointly the legal custody and cara of our minor children with Wife to have primary physical custody of Ashlde Lynne Pefemon, Our parenting relationship shall be guided by the following terms and conditions: Both parents shall have all rights and duties of a parent atall tlme~, including: the right to receive information from the other parent concerning the health, education and v~lfare of the child(ran); to confer with the other parent to the extent possible before making decisions ccencerning the health, education and welfare of the child9ren); of access to medical, dental, psychological and educational records of the child(ran); to consult with a physician, dentist or psychologist of the child(ran); the right to consult with school officials concerning the child(ren)'s welfare and educational status, including school activities; the right to attend school activities; the right to be designated on any records as a person to be notified in case of an emergency; and the right to manage the estate of the child to the extent the estate has been created by the parent or the parent's family. Both Parents shall confer with each uther on all Iraportant rnattera concareing the health, education and welfare of the children. If matters arise that they are unabts to agree upon, the issue shall be submitted to a professional for dispute resolution or arbitration. Both will encourage a positive relatlouship between the children and the other parent. Both Parents shall share jointly the following rights, duties, prlvilege~, and powers at ;all times: including: to direct the moral and religious training of the child(ran) during periods of possession; the duty of care, control, protection and reasonable discipline of the child(ran), including providing the child(ten) with clothing, food, shelter, and medical and dental care not involving an invasive procedure; and the power to consent to medical, dental and surgical treatment during an emergency involving an immediate danger to the health and safety of the child(ran). William David Peterson for Ashlee Lynne Paterson as non-custodial parent shall have the dght to physical possession of the children, AT ALL TIMES MUTUALLY AGRl=F:r)_upen by the parties. AGREED CHILD SUPPORT: The basis of the agreed support for the benefit of our children established by this agreement is based on the following facts: Marital Settlement Agreement; Page We make thie agreement freely without coercion, threat or duress. We declare that this agreement is in the best interest of our child(ren) and that the nemJe of the children will be adequately met by the agreed amount. We are fully informed of our ~ights concerning child support end of the guidelines for establishing child support put forth by the state and presumed to be in the best interest of the child(ten). The right to support has not been assigned to the office of the Attorney general in consideration for the receipt of payments fi.om the state for the support of the children and no public assistance application is pending. As for child eupport: The non-custodial parent. William David Paterson, hereinafter Obligor shall pay to the primary custodial parent, hereinafter Obligea, of Ashlee Lynne Paterson, a total of $1,083~33 per month, payable in the amount of $500 bi-weekly following the rendition of this agreement between and among the parties and a ~ike amount being due end payable on or before each subsequent bi-weakly schedule continuing until the earliest of any of the following conditions occur for any child subject to this suit: the child reaches the age of 18 years and thereafter so long as the child is fully enrolled in an accredited primary or secondary school program leading toward a high school diploma, until the end of the sch~01 term in which the child gradates; the child marries, the child's disabilities are otherwise removed for genel~al purposes; the child is otherwise emancipated; the child dies; or further agreement and order of the court Obligor's obligation to support the child(ren) shall not terminate upon Obligor's death but shall continue as a debt of Obligor~s estate. The child support obligation shall terminate upon the death of the custodial parent receiving child support provided the payor assumes full custody of the children, otherwise, the child support obligation shall continue being paid to the third party assuming primary custody and child rearing responsibilities for the children as successor to the primary custodial parent. MEDICAL HEALTH INSURANCE: For the term of the child support ob !]ation for each child, Husband/father shall carry and maintain medical health insurance for the benefit of said child(ran). The reasonable health care costs not covered by any policy of health shall ba paid as follows: Obligor shall pay 50% and Obligea shall pay 50%. DEPENDENT CHILD EXEMPTION: Wife shall have the dght to claim dependency exemption for Ashlee Lynne Paterson. VIII. AGREEMENT DESIGNED TO FACILITATE A DIVORCE OR DISSOLUTION OF THE PARTIES MARRIAGE: This agreement is entered into with the express intent to facilitate encourage, aid, and in any other manner lead to a divorce and or dissolution of the marriage between the parties hereto. IX.. SUBSEQUENT DISSOLUTION OF MARRIAGE: Respondent/Defendant herein, acknowledges receipt of a copy of the documeats to be filed herein with this agreement of the parties attached as Exhibit 'A', and states that he/she has read and understands the same. It is agreed that this Agreement shall be offered into evidence by either party in any dissolution of marriage proceeding, and if acceptable to the Court, this Agreement shall be incorporated by reference in any Final Judgment that may be rendered, and the parties shall be orderod to comply with all its provisions, and all its warranties and remedies provided in this agreement shall be preserved. However, notwithstanding incorporation in the Final Judgment. this Agreement shall not be merged in but shall sun~ive the Final Judgment and be binding on the parties for all times. X. REPRESENTATION The parties represent to each other: (a) Each had the right to independent counsel. Each party fully understands their legal rights and each is signing this Agreement freely and voluotadly, intending to be bound by it. (b) Each has made a full disclosure to the other of his or her current financial condition. (c) Each understands and agrees that this Agreement is intended to be the full and entire contract of the parties. Marital Settlement Agreement; Page (d) ~ach agrees that this Agreement and each provision of it is expressly made binding upon the heirs, assigns, executors, administrators, successors in interest and representatives of each party. XI. WAIVER OF BREACH No waiver of any breach by any party to the terms of this Agreement shall be deemed a waiver of any subsequent breach. XII. ENFORCEMENT OF THE AGREEMENT: Both parties agree that the Court granting the divorce, at the request of either party, insert in the Final Judgment a reservation of jurisdiction for the purpose of compelling either party to perform this Agreement, or any part thereof. The prevailing party shall be entitled to attomey's fees in connection with such proceeding. XIII. GOVERING LAW: This Agreement shall be interpreted and governed by the laws of the State of Pennsylvania. XIV. WAIVER OF SERVICE OF PROCESS AND FILING AN ANSWER: Defendant herein, acknowledges receipt of a copy of the documents to be filed herein, and states that he/she has read and understands the same, hereby waives the issuance, service and return of process upon him/her in this action enters a voluntary appearance in this cause, waiving all time and right to plead, answer or appear in this action, and consents that the same may be set down for tdal and heard by the court at the time hereafter without notice to, and in the absence of, this Defendant. XV. WAIVER OF EMPLOYEE AND/OR MILITARY RETAINER OR RETIREMENT BENEFITS: Both parties agree to waive any rights, interests, or claims, that either may now have or in the future to receive employee and/or military retainer or retirement benefits resulting from the past, present or f~ture employment and/or service of the other party in the Armed Forces of the United States. Both parties understand the full import of this provision. Marital Settlement Agreement; Page SIGNEDON THIS THE / ~ ~ STATE OF Pennsylvania § COUNTY of Cumberland §ss. Deborah Mary Paterson, Defendant Before me, the undersigned, a Notary Public on this ~ ;~ J~'ay of_~L, ,-~.~o'~- persona y appeared the above named Defendant, Deborah Mary Paterson, to m~ known to be the identical person who executed the above and foregoing Marital Settlement Agreement and personally acknowledged to me that he/sh.._e read, understood and signed the same; and that he/she executed the same as his/her free and voluntary act and deed for the uses and purposes therein set forthT"-- iN WITNESS WHEREOF, I have hereunto affixed my signature and official seal the day and date heretofore stated. COMMONWEALTH OF PENNSYLVANIA commission expires: ~. Sider ~pnng iwp., uuml3e.ar~ Ueunty I _c)q~5,~ J/~. ~o~q MyCommtssienE~imsNov. 17,2~07 Member, Pennsylvania Association Of Notaries SIGNED ON THIS THE DAY OF STATE OF Pennsylvania § COUNTY of Cumberland §ss. ~Nilliam David Peterson, Plaintiff Before me, the undersigned, a Notary Public, on this I-/~ay of ~?__.~A~, ~ o 0 ~, personally appeared the above named Plaintiff, William David Paterson, t:o me known to be the identical person who executed the above and foregoing Marital Settlement Agreement and personally acknowledged to me that he/she read, understood and signed the same; and that he/she executed the same as his/her free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto affixed my signature and official seal the day and date heretofore stated. My commission expires: Notary Public COMMONWEALTH OF PENNSYLVA~#A · ~a.~ wa~, N~,~t~ I . .~,,e~ 'r,,~ v~ o~ I I I ~~~ I Madtal Settlement Agreement; Page IN THE COURT OF COMMON PLEAS OF THE __ JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUME~ERLAND William David Petemon, Plaintiff § 30 Greenspring Ddve § Mechanicsburg, Pennsylvania 17050 § 380-52-8197 § VS. § Deborah Mary Petemon § 16 Maple Ddve § Mechanicsburg, Pennsylvania 17050 § 160-56-9394 § CIVIL ACTION - LAW TERM CASE NO. 04-574-Civil IN DIVORCE Dated: AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on the lO~.h dayof ~h~'-~ r¥ , 2. The marriage between the parties hereto is irretrievably broken. Ninety days have elapsed since the filing of the Complaint. 3. I am aware that marriage counseling is available and do not desire said counseling. 4. I state that I have mad copies of the Complaint for Divorce Under Section 3301 (c) of the Divorce Code, and I understand said Complaint. I waive any pleading periods and notices them may be. I hereby enter my consent to the entry of a final decree of divorce. I understand that I may lose dghts concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I vedfy that the statements made in this affidavit am ltme and correct. I understand that false statements heroin am made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. W~liam Dav dr~etemon, Plaintiff 0 .t ~ co ~ IN THE COUET OF COMMON PLEAS OF THE __ JUDICIAL DISTRICT OF PENNSYLVANIA COUN'FY cUMBERLAND William David Peterson, Plaintiff § 30 Greenspring Drive § Mechanicsburg, Pennsylvania 17050 § 380-52-8197 § VS. § Deborah Mary Peterson § 16 Maple D~ve § Mechanicsburg, Pennsylvania 17050 § 160-56-9394 § CIVIL ACTION - LAW TERM CASE NO. 04-574-Civil IN DIVORCE WA_IVER OF NOTICE OF INTENTION TI) RI[QUEST ENTRY OF A DIVORCE UNDF~R 6 3301(c) OF THE DIVORCE CODr I consent to the entry of a final divorce without notice. I understand that I may lose dghts conseming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I undemtand 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 vedfy 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. Section 4904 ralating to unswom falsification to authorities. 'Willi~"D'~d Peterson, Plaintiff IN THE COURT OF COMMON PLEAS OF THE __ JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBIERLAND William David Peterson, Plaintiff § 30 Greenspring Drive § Mechanicsbu~g, Pennsylvania 17050 § 380-52-8197 § vs. § Deborah Mary Peterson § 16 Maple Ddve § Mechanicsburg, Pennsylvania 17050 § 160-56-9394 § CIVIL ACTION - LAW TERM CASE NO. 04-574-Civil IN DIVORCE Dated: AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on the lOth dayof February , 2004 .. The ma~iage between the parties hereto is irretrievably broken. Ninety days have elapsed since the filing of the Complaint. I am aware that man'iage counseling is available and do not desire said counseling. I state that I have read copies of the Complaint for DNorce Under Section 3301(c) of the Divorce Code and I understand sa d Complaint. I waive any pleading periods and notices there may be. I hereby enter my consent to the entry of a final decn~e of divorce. 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 divome is granted. I vedfy that the statements made in this affidavit are ture and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authonties. Delx)rah Mary P'efefso-'-n, Defendant IN THE COURT OF COMMON PLEAS OF THE __ JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND William David Peterson, Plaintiff § 30 Greenspring Drive § Mechanicsburg, Pennsylvania 17050 § 380-52-8197 § Deborah Mary Peterson § 16 Maple Drive § Mechanicsburg, Pennsylvania 17050 § 160-56-9394 § CIVIL ACTION - LAW TERM CASE NO. 04-574-Civil lin DIVORCE WAIVER OF NOTICE OF INTENTION T,O REQUEST ENTRY OF A DIVORCE UNDER 6 3301(C~ OF THE DIVORCE CODF 1. I consent to the entry of a final divorce without notice. I undemtand that I may lose rights conseming alimony, division of property, lawyer's fees or expenses if I do not claim them before a diveme is granted. I understand that I will not be divorced until a divorce decree is entered by the CouR and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I vedfy 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. Section 4904 relating to unswom falsification to authohties. ~ ~ ~D~borah Mary~TPe~rson, Defen'a'ant IN THE COURT OF COMMON PLEAS OF THE __ JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY CUMBERLAND William David Peterson, Plaintiff § 30 Gmenspdng Drive § Mechanicsbuq3, Pennsylvania 17050 § 380.52-8197 § Deborah Mary Peterson § 16 Maple Drive § Mechanicsburg, Pennsylvania 17050 § 160-56-9394 § CIVIL ACTION - LAW TERM CASE NO. 04-574-Civil IN DIVORCE PRAECIPE TO TRANSMIT TO THE PROTHONOTARY Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: A Complaint in Divorce was filed on February 10, 2004 and served on Defendant, on February 10, 2004 by personal delivery and by Acceptance of Service 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code. By PlaintiffWilliam David Peterson: /V)o.~ j/> ~.~ By Defendant Deborah Mary Peterson 4. Related claims pending: None (Complete either (a) (b).) (a) Date and manner of service of the notice of iintention to file to transmit record, a copy of which is attached: (b) (1) Date Plaintiff's waiver of notice in 93301(c) Divorce was filed with the prothonotary: Filed simultaneously with Praeci~e to Transmit. (c) (2) Date Defendant's waiver of notice in §331:)1(c) Divorce was filed with the prothonotary: Filed simultaneously with Preecico to Transmit. 6. Attached hereto am: (a) The original proposed divorce decree - 2 (b) Affidavits of Consent (c) Waivers ~-'"~filham David Peterson, Petitioner Praecipe to Transmit Record; Page ] IN THE COURT OF COMMON PLEAS OF CUMBERLAND COIJNTY STATE OF PENNA. · WILLIAM DAVID PETERSON VERSUS DEBORA~ NARY NO. O4-q74-eivil DECREE IN DIVORCE DECREED THAT AND --'"'~~T IS ORDERED AND WTT,T.TAM ~AVTD p~T~0~_. ARE DIVORCED FROM THE BONDS OF MATRINIONY. , 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; ~ E~Y TH