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HomeMy WebLinkAbout08-20719-1 , PATRICK E. MIDGLEY, JR. Plaintiff V. ABIGAIL A. MIDGLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 68- c16"f' CIVIL TERM IN DIVORCE NOTICE 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 maybe 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 at the Cumberland County Court House, High and Hanover Streets, Carlisle. 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 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 PATRICK E. MIDGLEY, JR. Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ABIGAIL A. MIDGLEY, : NO. Z9 r CIVIL TERM Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) & (d) OF THE DIVORCE CODE 1. Plaintiff is Patrick E. Midgley, Jr., who currently resides at 127 Walnut Street, Carlisle, Cumberland County, Pennsylvania, since August 20, 2002. 2. Defendant is Abigail A. Midgley, who currently resides at 256 South Pitt Street, Carlisle, Cumberland County, Pennsylvania, since July 1, 2005. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on February 9, 2002, at Boiling Springs, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff and Defendant have lived separate and apart since July 1, 2005. 8. 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. WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce. ANDREWS & By: for P. Andrews, Esq. 15-1 Supreme Ct #: 15641 ttorneys for Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 I verify that the statements made in this Complaint 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: Patrick E. Midgley, Jr., es" aF W oo ni - r ? St, 6Q ? s ? ; c: 0o p cam.: } ;-r i 1 ` U l W% PATRICK E. MIDGLEY, JR. Plaintiff V. ABIGAIL A. MIDGLEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. C9- Z-O? Defendant CIVIL TERM IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on July 1, 2005, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 dating to unsworn falsification to authorities. Date: Patrick E. Midgley, Jr., PATRICK E. MIDGLEY, JR. Plaintiff V. ABIGAIL A. MIDGLEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM Defendant : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) (b) Check (1), (ii) or both): 2. Check either (a) or (b): I do not oppose the entry of a divorce decree. I oppose the entry of a divorce decree because (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: Abigail A. Midgley, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter-affidavit. ?7 - K{7 co PATRICK E. MIDGLEY, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW v?r ABIGAIL A. MIDGLEY, : NO. D?--2071 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AND NOW, this 6u' day of April, 2008, I, Taylor P. Andrews, Esquire, attorney for Patrick E. Midgley, Jr., Plaintiff in the above-captioned action, hereby swear that I have served a true copy of the Complaint in Divorce, with Notice to Defend and Claim Rights and the Affidavit Under Section 3301(d) of the Divorce Code with the Counter-Affidavit attached, executed by the Plaintiff in the above-captioned matter, upon the Defendant at her residence at 256 South Pitt Street, Carlisle, PA 17013, by depositing the same in the U. S. Mail, postage prepaid, certified, deliver to addressee only, return receipt requested. A copy of the return receipt card signed by the Defendant on April 2, 2008, indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. ANDREWS & JOHNSON By: Sworn and subscri ed to before me this _ day of , 2008. _i"ed'44 N ublic N " OF PENNSYLVANIA NOTARIAL SEAL SHELLY SEXTON, Notary Pubk Carlisle Bm' cm6sium County Corrw dnion 126, 2011 ?y ? 4 ?'! ?. I, ¦ Complete Nelms 1, 2, and 3. Also complete Item 4 H Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maUpiece, or on the front if space permits. 1. Article Addressed to: hh??071A 4,A?41 aSrsO&-A v ?rS t C, j,I Ins je , #0,# 176 13 a ignahrre X 4 0 Agent ( rAame) 0( -a © a t dW?wy fmf? 4 D. Is add different 11 ? Yes If YES, enter delivery address below: ? No w 3. Service Type , $(Certifled ma C3 Express Mail Registered ? Return Receipt for Merchandise ? Insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) yes 2. Amide Number (rransfw frm aervlae lrebe? 7007 1490 0001 7953 7794 PS Form 3811, February 2004 Domestic Rstum Receipt Exhibit A 102595-02-WIS40 c PATRICK E. MIDGLEY, JR. Plaintiff V. ABIGAIL A. MIDGLEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 05? NO. 41- ao'11 CIVIL TERM IN DIVORCE Defendant COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): a I do not oppose the entry of try a divorce decree.. (b) I oppose the entry of a divorce decree because Check (I), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): t/ (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 1 e? g 10CY Abigail A. Midgley, DefendanNOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter-affidavit. ?) _ ? -?-? 4 ? -€3 - ?'r; ? „ ,, ?.?. -== • L. ? -, --?, -. ? ...-. - 4 ? ?.? . f ? C_s.3 ..' '" ? '?+ --G PATRICK E. MIDGLEY, JR : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION - LAW ABIGAIL A. MIDGLEY : No. *8-2071 O ?- a 71 Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 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: 1/-/7` d `tom ,? c ?? PATRICK E. MIDGLEY, JR : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION - LAW ABIGAIL A. MIDGLEY : No. W-2071 0 8' Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 33010 OF THE DIVORCE CODE 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' . Abigail A. Midgley, Defendant r b i c-n PATRICK E. MIDGLEY, JR. Plaintiff V. ABIGAIL A. MIDGLEY, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 0'V NO. 6'/-2071 CIVIL TERM IN DIVORCE PRAECIPE I attached a Marital Settlement Agreement to file in the above captioned case. Respectfully submitted, ANDREWS & JOHNSON Date: April3p, 2008 By: aylor P. Andrews, Esq. Counsel for the Defendant 78 West Pomfret Street Carlisle, PA 17013 (717) 243-0123 Supreme Court ID No. 15641 cc: Richard R. Gan, Esquire 64 South Pitt Street Carlisle, PA 17013 PATRICK E. MIDGLEY, JR : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION - LAW ABIGAIL A. MIDGLEY : No. 08-2071 Defendant : IN DIVORCE MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this 17th day of April, 2008, between ABIGAIL A. MIDGLEY (hereinafter called "Wife") and PATRICK E. MIDGLEY, JR (hereinafter called "Husband"). WITNESSETH: The parties hereto are Wife and Husband, having been married on February 9, 2002, in Boiling Springs, Cumberland County, PA. There were two children born of this marriage: Haily K. Midgley, born April 6, 2000 Madeline A. Midgley, born April 21, 2002 Diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to divorce and to live separate and apart for the rest of their natural lives, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation: (1) the settling of all matters between them relating to the ownership of real and personal property including marital debt; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and of Husband by Wife; and (3) in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. I NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. DIVORCE The Parties acknowledge that a Divorce action has been commenced by Husband in Cumberland County, PA at the above captioned number. The Parties acknowledge that their marriage is irretrievably broken, and that they have lived separate and apart for more than two years. In light of the agreement to terms as set forth in this agreement, each party agrees to forego-the filing of all claims for economic relief in the Divorce action. Wife agrees to file an answer to Husband's affidavit of a 2 year separation in which Wife shall admit the separation. Each agrees to sign a waiver of notice that the moving party is seeking a decree and waivers will be filed with the Cumberland County Prothonotary within 7 days of the date of this agreement. Husband, as Plaintiff, will move for a divorce decree without delay after the aforesaid filings are completed. Husband shall provide Wife with a certified copy of the divorce decree that shall incorporate this agreement by reference, but which shall not merge with this agreement. I 2. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Taylor P. Andrews, Esquire, for Husband, and Richard R. Gan, Esquire, for Husband. Each party acknowledges that she or he has received independent legal advice 2 from counsel of her or his selection and that each fully understands the facts and has been fully informed as to her or his legal rights and obligations and 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 having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any - collusion or improper or illegal agreement or agreements. 3. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to her or him may seem advisable. 4. PERSONAL PROPERTY Wife and Husband do hereby acknowledge that, aside from the transfers referenced hereafter, they have heretofore divided the marital property, including, but without limitation, jewelry, clothes, 1 furniture and other personalty, and hereafter, Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. Husband agrees that he will transfer title and registration of Husband's 1997 Isuzu Trooper and Husband's 2002 Honda Accord to Wife. These transfers shall be made within 15 days of the signing of this agreement by both parties. Wife and Husband also agree that all intangible property shall remain the property of the registered or titled owner, and each hereby specifically waives, releases, renounces and forever abandons whatever claims, if any, she or he may have with respect to any intangible personal property in the other's name. 5. REAL PROPERTY Wife hereby agrees to convey, transfer and grant to Husband her right, title and interest in the real estate situated and located at 127 Walnut St., Carlisle, PA. Husband agrees to assume as her sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises, and Husband agrees and covenants to hold Wife harmless from any such liability or obligation. Wife agrees to sign whatever waiver, quitclaim, or deed that must be signed to establish Wife's entitlement to own and transfer the property as her individual property free and clear of any claims of Husband. To include the equitable division of the equity in this property as part of this marriage settlement, Husband shall pay Wife Fifteen Thousand ($15,000.00) Dollars at the time of the transfer. 6. SPOUSAL SUPPORT Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendent lite, or spousal support. It shall be, from the date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any alimony, alimony pendent lite, or spousal support from the other party. 7. LEGAL FEES Each party agrees to be responsible for her or his own legal fees and expenses. & ENFORCEMENT This Agreement shall be incorporated by reference in the Divorce decree, and either party who must seek Court action to enforce any terms of this agreement shall be entitled to collect reasonable attorney fees in any such action if he or she prevails. 9. MUTUAL RELEASE I Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against-the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime 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 (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. I 10. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least 15 days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of 11 this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectually the terms of this Agreement. 11. SUCCESSORS' RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 12. ENTIRE AGREEMENT Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other term, condition, clause or provision of this Agreement. 13. BINDING EFFECT OF AGREEMENT I This Agreement shall remain in full force and effect unless and until terminated pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 16 14. SEPARABILITY 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. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 15. HEADINGS Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meanings, construction or effect. 16. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed. I 17. CONTROLLING LAW This Agreement. shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 8 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as parties hereto, acknowledge the receipt of a duly executed copy-hereof. C aylor P. Andrews, Esq. Patrick E. COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND On this, the v/1"011 day of April, 2008, before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared Patrick E. Midgley, Jr and in due form of law acknowledged the above Agreement to be her act and deed and desired the same to be recorded as such. COMMON LtH OF PENNSYLVANIA NOTARIAL SEAL. SHELLY SEXTON, Notary Pubic Carlisle Boro, Cumberland County My Commission Expires April 26, 2011 COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND On this, the v - day of April, 2008, before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared Abigail A. Midgley and in due form of law acknowledged the above Agreement to be his act and deed and desired the same to be recorded as such. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHELLY SEXTON, Notary Public Carlisle Boro, Cumberland County -My Commission Exom it 26, 2011 Ivi 't ? i e Y1 R (; ?I; I'?'1 hJ -- c,a TI PATRICK E. MIDGLEY, JR Plaintiff V. ABIGAIL A. MIDGLEY Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW No. 08-2071 IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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(d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: April 2, 2008, by restricted, certified mail, return receipt requested. 3. (1) Date of execution of the Plaintiffs Affidavit required by Section 3301 (d) of the Divorce Code: April 17, 2008; (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: April 22, 2008 . 4. Related claims pending: None 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: April 2, 2008, by restricted, certified mail, return receipt requested. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: April 30r 2008 Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: April 30, 2008 ANDREWS & JOHNSON _ Date: Azr- ( , 2008 By: Ta r . And&-<vs, Esq. 7,9 st Pomfret Street arlisle, PA 17013 (717) 243-0123 Supreme Court ID No. 15641 C=3 b ? ? + rra IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. r PATRICK E. MIDGLEY,JR Plaintiff No. 08-2071 VERSUS ABIGAIL A. MIDGLEY Defendant DECREE IN DIVORCE AND NOW, • " J IT IS ORDERED AND DECREED THAT Patrick E. Midgley, Jr. PLAINTIFF, Abigail A. Midgley AND 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; NV's The parties Marital Settlement Agreement dated April 17, 2008 is hereby incorporated