Loading...
HomeMy WebLinkAbout08-2471MELISSA ANN BODAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LA? •/ ??7 NO. 10 • Jq?l r v MICHAEL BODAN, Defendant IN DIVORCE NOTICE TO DEFEND 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 at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 SAIDIS, FLOWER & LINDSAY SAIDIS, LEVDSM .±rtomvets?nruw 26 West High Street Carlisle, PA J", BY? Matas, t-squire ttre Court ID # 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff MELISSA ANN BODAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 68 - .?Y?' I MICHAEL BODAN, ` Defendant IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Melissa Ann Bodan, an adult individual currently residing at 1303 North West Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Michael Bodan, an adult individual currently residing at 526 Clermont Drive, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 26, 2005 in Fairfield, Adams County, Pennsylvania. 5. There has been no other prior action for divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to SAMIS, FLOWER & LINDSAY ATNANEYS•AT.IAW 26 West High Street Carlisle, PA request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 7. The parties' marriage is irretrievably broken. 8. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P. S. Section 3301(c) of the Domestic Relations Code. COUNT I EQUITABLE DISTRIBUTION 9. The averments in paragraphs 1 through 8 are incorporated hereto as if fully set forth herein. 10. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff requests this Court to equitably divide the marital property. Respectfully submitted, I C?-? L --?" MaryTuyWtas, Esc Attorne No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAMIS, FLOWER & LINDSAY ,vro??snruw 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S Section 4904, relating to unsworn falsifications to authorities. DATE: Zl s B n, Plaintiff SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 0 A e gyp? ? ?. a ?.7 Him ` .. w Cr7 { p J M? J MELISSA ANN BODAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2008-2471 -CIVIL TERM MICHAEL BODAN, Defendant IN DIVORCE A Complaint in Divorce under § 3301(c) of the Divorce Code was filed April 16, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. 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: ID Gds- DEFENDANT'S AFFIDAVIT OF CONSENT MICHAEL BODAN DEFENDANT'S 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. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SAMIS, FLOWER & LINDSAY ATFOW&YS•AP 26 West High Street Carlisle, PA 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 to the best of my knowledge, information and belief. 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: MICHAEL BOD N CZ, Cr 5 ? w ? R r-° MELISSA ANN BODAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 20eiS_-261 ?l ?;v?? TU?? MICHAEL BODAN, ; Defendant IN DIVORCE ACCEPTANCE OF SERVICE SAMIS, FLOWER & LINDSAY nnotwetsnruw 26 West High Street Carlisle, PA I, MICHAEL BODAN, Defendant, accept service of the Divorce Complaint in the above-captioned matter. 04/18/08 Date MICHAEL BODAN ?? ?'r C3 ? ?? ---a X77 ? ? ?'` _ ?? ,?.. ::t ?:? ? fir;. MELISSA ANN BODAN, Plaintiff V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-2471 -CIVIL TERM MICHAEL BODAN, Defendant IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this CIOL day of albg?2z , 2008, between Michael A. Bodan, of Harrisburg, Dauphin County, Pennsylvania, hereinafter referred to as Husband, and Melissa A. Bodan, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on November 26, 2005, in Fairfield, Adams County, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland Commonwealth of Pennsylvania, to Number 2008-2471 Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R4: The parties also desire to settle their issues of custody of their minor child, Dempsey Elizabeth Bodan, born December 20, 2007; counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live 1 separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to cant' out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action, and will execute and file the necessary documents to finalize the divorce after the expiration of ninety (90) days of the service of the Complaint and the moving party shall move for the entry of the divorce decree at that time. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. (3) REAL PROPERTY: Wife is the owner of certain real estate with improvements thereon erected and known and numbered as 1303 North West Street, Carlisle, Cumberland County, Pennsylvania. Husband waives all right, title and interest he has or may have had to the property. Husband shall not reenter the property, with the exception identified herein in paragraph (6), for the purpose of removing his personal belongings. Wife shall have exclusive possession, control and maintenance of said property, from the date of separation forward. Wife shall pay for all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Wife hereby shall hold Husband harmless and indemnify Husband from any loss thereon. These mortgages are listed in Wife's name individually. At her option, Wife shall sell the property. In the event she sells the property, Wife shall pay 2 the sum of THREE THOUSAND ($3000.00) AND 00/100 DOLLARS to Husband within 30 days of settlement. (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: i. Capital One, with an approximate date of separation balance of $4900; ii. PSECU, with an approximate date of separation balance of $4,800; iii. Citibank, with an approximate date of separation balance of $400; iv. US Department of Education, with an approximate date of separation balance of $8,000; V. AED, with an approximate date of separation balance of $33,000; vi. Capital One, with an approximate date of separation balance of $7,000; vii. PSECU, with an approximate date of separation balance of $2,600; viii. Citibank, with an approximate date of separation balance of $150; ix. Value City Furniture, with an approximate date of separation balance of $600; X. Sallie Mae, with an approximate date of separation balance of $28,000; A. Bank of America, with an approximate date of separation balance of $16,000. 1: Husband shall pay the obligations to the creditors listed in subparagraphs i. through v. by making timely monthly payments in at least the minimum amount required by the creditors until paid in full. 2: Wife shall pay the obligations to the creditors listed in subparagraphs vi. through A. by making timely monthly payments in at least the minimum amount required by the creditors until paid in full. Each party shall pay the outstanding joint debts as set forth herein and further agrees to 3 indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. B: Post Separation Debt: In the event that either parry contracted or incurred any debt since the date of separation on January 7, 2008, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Wife shall maintain the 2007 CRV, titled in her name individually. Husband shall maintain sole possession of the 2003 Pontiac Vibe, titled in his name individually. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them. The parties shall refer to the attached Exhibit A. Husband shall retain all property that is marked with his name and Wife shall retain all property that is marked with her name. Husband shall have 30 days from the date of execution of this Agreement to remove all of his property from the real estate at 1303 North West Street, Carlisle, Pennsylvania. Husband shall have the right to re-enter the home to remove the property for the purpose of removing his property within this 30 day period, but shall not be permitted to re-enter the real estate after the expiration of the 30 day period. Any property that Husband fails or refuses 4 to remove from Wife's residence after the expiration of the 30 day period shall be considered abandoned, and Wife shall have the right to dispose of or retain as she chooses. Other than the items listed on the attached Exhibit A, the parties mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. Husband specifically waives any and all right, title or interest he has or may have in Wife's retirement, pension, deferred compensation account and the like, that she has earned through her employment with her present employer, the Bermudian Springs High School, as well as with any prior employer's retirement plans. Wife specifically waives any and all right, title or interest she has or may have in Husband's retirement, pension, deferred compensation account and the like, that he has earned through his employment with his present employer, PA Managements Program through the Commonwealth of PA, as well as with any prior employer's plans. (8) CUSTODY OF CHILDREN: The parties agree that legal custody of their minor child, Dempsey Elizabeth Bodan, born December 20, 2007, shall be joint, with both parties having the right to make major parenting decisions affecting the child's health, education and welfare. Each parent shall be entitled to all records and information pertaining to the children 5 including, but not limited to, school and medical records and information Wife/Mother shall have primary physical custody of the child subject to Husband's/Father's periods of visitation as the parties may agree. In addition, the parties agree that Wife/Mother shall be permitted to relocate outside of the Commonwealth of Pennsylvania, provided she continue to offer visitation to Husband at reasonable times consistent with the child's best interests and that she make him aware of her address and telephone number at all times. Husband shall be permitted to relocate outside the Commonwealth of Pennsylvania, as well. Husband must provide his address and telephone number to Wife at all times. Jurisdiction of any custody action shall be wherever Wife/Mother resides. Husband and Wife shall share equally all costs related to transportation for purposes of custody exchanges. These costs will be incurred only at such times as Husband and Wife deem it necessary and at their discretion. The parties shall attempt to exchange information relating to the costs anticipated to be incurred prior to all custody exchanges. Husband and Wife shall provide Blue Cross/Blue Shield, major medical or equivalent coverage for the benefit of the minor child so long as each party is able to provide said coverage at a reasonable cost through his or her employment. The parties shall share any non-covered or extraordinary medical and/or dental expenses equally. (9) ALIMONY: WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (10) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Marylou Matas, 6 Esquire and, Husband is represented by James Miller, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (11) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (12) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of 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. (13) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement, with the exception of the terms of custody in Paragraph 8, to be null and void and to terminate this Agreement, with the exception of the terms of custody in Paragraph 8, in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (15) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (16) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (17) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: 8 A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may 9 hereafter have, against or with respect to the other. (18) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (19) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (20) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (21) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (22) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WIT SS: ate liss dan Date Michael A. Bodan 10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this day of Cc&)/C? 2008, before me, the undersigned officer, personally appeared, MELISSA A. BODAN, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Not ry Public NOTARIAL SEAL MERLENE J. MARHEVKA, NOTARY PUBLIC CARLISLE, CUMBERLAND COUNTY, PA MY COMMISSION EXPIRES JUNE 8, 2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this p'tg day of ?pe? , 2008, before me, the undersigned officer, personally appeared MICHAEL A. BODAN, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my ha COMMONWEALTH OF PFNNSYLVANII / NOTARIAL SEAL LBoro M. BURKHOLDER, Notary Public Carlisle, Cumberland County mission Ex ires June 7 2011 Notary Pu and official seal. 11 MELISSA ANN BODAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2008-2471 -CIVIL TERM MICHAEL BODAN, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed April 16, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. 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?) 3d o s M& IS A ANN BODAN PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SAMIS, FLOWER & LINDSAY ATMAT:?W 26 West High Street Carlisle, PA 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 to the best of my knowledge, information and belief. 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: Ile MEL ANN BODAN -77 MELISSA ANN BODAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2008-2471 CIVIL TERM MICHAEL BODAN, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on April 17, 2008, via certified mail. Proof of service was filed with the Court on October 29, 2008. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was executed: By Plaintiff: On October 30, 2008 and filed with the Prothonotary on October 31, 2008. By Defendant: On October 28, 2008 and filed with the Prothonotary on October 29, 2008. 4. Related claims pending: None. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was executed: By Plaintiff: On October 30, 2008 and filed with the Prothonotary on October 31, 2008. By Defendant: On October 28, 2008 and filed with the Prothonotary on October 29, 2008. SAIDIS, FLOWER & LINDSAY A3TURNEY5•AD 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY -MaAL--kiXL Mary ou tas, Es ire Supreme Court ID No. 84919 26 West, High Street Carlisle, PA 17013 717-243-6222 ?_A ??:? <??, _.. ,` ? '? Y f? ?,? L?? `sA? ?, a ,,. 5..,,... "?.. MELISSA ANN BODAN 2008-2471 No. VERSUS MICHAEL BODAN DECREE IN DIVORCE AND NOW, 4 IT IS ORDERED AND -_000;a MELISSA ANN BODAN DECREED THAT PLAINTIFF, AND MICHAEL BODAN DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO,Rp IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; l?v/fvpf?'A?C? The terms of the Separation and Property Settlement Agreement dated October 28, 2008, are incorporated, but not merged, into this Decree in Divorce. BY THE OURT: ATTEST: J , ROTHONOTARY --------------- I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. - `?~ 1w ,5,16 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA n Plaintiff Z?? I Vs . File No. 2 DD 0a IN DIVORCE Y r 7 rIP"I Ukf-W Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated (( & , hereby elects to resume the prior surname of Yrl6L' Ca A,, T21? C> , and gives this written notice avowing his / her intention pursuant to the pro 4 P.S. 704. Date: ature igna a of a being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ?b ul4& On the -16-'4` day of 200 ?' before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. No Public NOTARK SEAL PROTHONOTARY NOTARY PUBLIC CARLISLE ERLANO COUNTY COURTHOUSE MY pfP p OF THE F, r?,?ARY 2009 JUN 25 F 1: 33 cil ,241 - as ? y?