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HomeMy WebLinkAbout08-2578Thomas D. Gould, Esquire I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 CHRIS A. UPDEGROVE, PLAINTIFF V. MARGARET A. UPDEGRO` rJ , DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - ,?S 7,rCIVIL TERM IN Di iwr)t-4V 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Third floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 CHRIS A. UPDEG_ROVE, PLAINTIFF V. MARGARET A. UPDEGROVE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - aJ 7F CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Chris A. Updegrove who resides at 324 Glendale Drive, Shiremanstown, Cumberland, Pennsylvania 17011. 2. The Defendant is Margaret A. Updegrove who resides at 324 Glendale Drive, Shiremanstown, Cumberland County, Pennsylvania 17011. 3. The Plaintiff and Defendant have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 25, 2005 in Tower City, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction.. 6. The marriage is irretrievably broken. 7. The Defendant is. not a member of the Armed Services of the United States or any of its Allies. 8. There were no children born of this marriage. 9. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the court to enter a decree of a ui`v yr Cc . Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION 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. L/ 1- og' Date: C Chris A. Upde rove f NOTICE 9F AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a i divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(c) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Cl ^' ` r? TI -71 kAj a? G, 0 ?K.a o2, ; 7 ? Ci? -T Z.- MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this / 7 ""-day of v/ 2008 by and between CHRIS A. UPDEGROVE (hereinafter referred to as CHRIS), and MARGARET A. UPDEGROVE (hereinafter referred to as PEGGY), WHEREAS, CHRIS and PEGGY were married on June 25, 2005 in Tower City, Pennsylvania; and WHEREAS, no children were born of this marriage; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of PEGGY and CHRIS to live separate and independent from each other for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to past, present and future support and alimony; and in general, the settling of any and all claims by one against the other or against their respective estates; and WHEREAS, CHRIS and PEGGY entered into a Collaborative Law Participation Agreement dated April 16, 2008, and have used the Collaborative Law Process in negotiating this Agreement. w ? 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, CHRIS and PEGGY, each intending to be legally bound, hereby covenant and agree as follows: 1. Separation: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. Interference: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Nothing in this paragraph shall prevent CHRIS and PEGGY from having contact by their mutual agreement. 3. Subsequent Divorce: The parties acknowledge that CHRIS has filed a Complaint in Divorce in Cumberland County, Pennsylvania, docketed to number 2008 - 2578 CIVIL TERM, claiming that the marriage is irretrievably broken under the no-fault provision of Section 3301(c) and (d) of the Pennsylvania Divorce Code. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. It is specifically understood and agreed by the parties that the provisions of this 2 Agreement as to equitable distribution of property of the parties and alimony are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. CHRIS and PEGGY agree, upon the expiration of the mandatory 90-day waiting period, July 22, 2008, to execute and allow to be filed their Affidavit of Consent and Waiver of Notice forms so as to permit the divorce to become final. CHRIS's attorney, upon receipt of the signed documents, shall file them and any other necessary documents to obtain a Decree in Divorce. Upon execution of this Agreement, CHRIS and PEGGY hereby consent and agree that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement unless modified in writing by both parties. It is specifically agreed that a copy of this Agreement, will be incorporated by reference, but not merged, into the Decree in Divorce. It is the specific intent of the parties to permit this Agreement to survive any decree and to be forever binding and conclusive upon the parties. 4. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the day upon which it is executed by the parties if they have each executed the agreement on the same date. Otherwise, the "date of execution" 3 or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. Distribution Date: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as specified herein. 6. Mutual Release: CHRIS and PEGGY 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, title 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 he or she 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, agreements 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 country, or any rights which either party may have or at any time hereafter shall have for past, present or future 4 support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and obligation of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of CHRIS and PEGGY 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 provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7. Advice of Counsel: The provisions of this Agreement and their legal effect have been fully explained to CHRIS by his attorney, THOMAS D. GOULD, ESQUIRE, and to PEGGY by her attorney, DAWN S. SUNDAY, ESQUIRE. CHRIS and PEGGY acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily 5 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. 8. Subsequent Reconciliation: The parties agree that the terms of this Agreement shall not be affected in any way by their subsequent cohabitation or resumption of marital relations, unless the parties specifically agree otherwise in writing. 9. Warran!y as to Existing Obligations: Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligation arising out of this Agreement. 10. EXISTING DEBTS: CHRIS and PEGGY acknowledge that the following is a complete list of their debts: (a) The mortgage on the marital residence located at 324 Glendale Drive, Shiremanstown, Cumberland County, Pennsylvania in joint names with a balance of $122,487.03 as of June 2008; 6 (b) A loan on the 2006 Honda Ridgeline Pick-Up Truck in CHRIS's individual name with a balance of approximately $19,000.00. The parties agree that they shall each pay one-half (1/2) of the mortgage each month until CHRIS moves out, expected to be on or about July 15, 2008. After CHRIS vacates the former marital home, PEGGY agrees to be solely and exclusively responsible for the mortgage and other expenses related to the former marital home. Peggy further agrees to indemnify CHRIS and hold him harmless from any and all liability for same. CHRIS agrees to be solely and exclusively responsible for the payment of the loan on his 2006 Honda Ridgeline. CHRIS further agrees to indemnify PEGGY and hold her harmless from any and all liability for same. The parties acknowledge that there are no other debts. 11. Warranty as to Future Obligations: CHRIS and PEGGY each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 7 12. Marital Residence and Other Real Property: The parties own, as tenants by the entireties, real property located at 324 Glendale Drive, Shiremanstown, Cumberland County, Pennsylvania. The home has been valued at $176,000.00 by a mutually accepted licensed appraiser. CHRIS and PEGGY agree that PEGGY shall have sole and exclusive ownership and possession of the marital residence and that she will pay CHRIS $20,000.00 as his share of the marital home equity. Until CHRIS vacates the home, estimated to be on or about July 15, 2008, both parties shall have the right to reside in the home. PEGGY will continue to pay CHRIS $400.00 for the month of June. For the month of July, each party agrees to pay one-half (1/2) of the household expenses for the marital home, including utilities (prorated to the date of actual separation). CHRIS agrees to pay one-half (1/2) of the mortgage for the month of July without pro-ration. After CHRIS vacates the premises, PEGGY agrees to be solely and exclusively responsible for any and all expenses associated with the marital home, including the mortgage, taxes, insurance and maintenance. PEGGY further agrees to indemnify CHRIS and hold him harmless from any and all liability for same. The mortgage is currently in joint names. PEGGY agrees that she shall take prompt action to remove CHRIS from any liability on the current mortgage. It is anticipated that the refinancing will occur at or about the time that CHRIS vacates the 8 A k home. CHRIS shall execute the Deed, prepared by PEGGY's attorney, at the time of receipt of the $20,000.00. 13. Personal Property: CHRIS and PEGGY agree that they have prepared a listing of their personal property and have divided all of their household personal property between themselves to their mutual satisfaction. CHRIS and PEGGY waive their rights to have the personal property appraised. It is specially agreed that CHRIS is to have the 50" TV with surround sound, VCR & DVD player. CHRIS is to pay PEGGY $250.00 and leave her the lawn mower, leaf blower, hedge trimmer, weed wacker, water hoses and extension ladder. Neither party shall make any claim to any such item of marital property, or of the separate personal property of either party, except as provided for in this Agreement. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. 14. Financial Accounts: The parties agree that they have equitably divided any joint financial accounts. CHRIS and PEGGY agree to maintain their separate accounts and each waives any right or interest they may have in the others. 15. PensioWRetirement Ben! its: The parties agree that CHRIS shall become the sole and exclusive owner of his Federal pension and any other of his retirement accounts. PEGGY shall become the sole and exclusive owner of her Commonwealth pension and any other of her retirement accounts. 9 CHRIS and PEGGY hereby waive their respective rights, title and interest to the other party's pension/ retirement benefits. Both parties waive their respective rights to have these pension/ retirement benefits valued. 16. Waiver of Beneficiary Designations: Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme. The parties by the terms of this Agreement specifically waive the rights of spouse beneficiaries established by federal or state statute including ERISA. Each party expressly states that it is his or her intention to revoke by the terms of this Agreement any beneficiary designations naming the other party which are in effect as of the date of execution of this Agreement. If the other parry continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Not withstanding the foregoing, however, in the event that either party hereto specifically designates the other party as a beneficiary after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. 17. Motor Vehicles: The parties acknowledge that CHRIS is the owner of the 2005 Honda Ridgeline. He shall be responsible for all loans, insurance, maintenance or other costs and expenses related to his vehicle. He shall indemnify and hold PEGGY harmless for any 10 4 1 liability related to his vehicle. PEGGY is the owner of the 2003 Pontiac GrandAm. She shall be responsible for all loans, insurance, maintenance or other costs and expenses related to her vehicle. She shall indemnify and hold CHRIS harmless for any liability related to her vehicle. 18. After Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 19. Applicability of Tax Law to PropgM Transfers: The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (herein the "Act"), specifically, the provisions of said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 20. Bankrup" or Reorganization Proceedings: In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted 11 under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 21. Waiver of Spousal Support, Alimony Pendente Lite and Legal Fees: CHRIS and PEGGY waive any rights they may have to spousal support, maintenance and alimony pendente lite. The parties agree to pay their own attorney's fees. 22. Waiver of Alimony: CHRIS and PEGGY acknowledge that by this Agreement they have respectively secured and maintained an adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance and support. CHRIS and PEGGY hereby waive, release and give up any rights they may respectively have against the other for alimony. It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to 12 sustain themselves without seeking any support from the other party. 23. Full Disclosure: CHRIS and PEGGY each acknowledge that he/she was advised of his/her right to full and complete disclosure by the other of all assets in which the other party has an interest. Each party had the opportunity to request information and receive copies of any documents requested relevant to the content of this Agreement. Peggy and Chris acknowledge that she/he has been provided with any documents or information that she/he believe to be important or material to decision-making regarding the content of this Agreement.. 24. Disclosure and Waiver of Procedural Rights: Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have the Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Both parties waive the following procedural rights: (a) The right to obtain an Inventory and Appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code, 13 ,_# e (b) The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania Divorce Code; (c) The right to have the Court determine which property is marital and which is non-marital and equitably distribute between the parties that property which the Court determines to be marital; (d) The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite, counsel fees, costs and expenses. 25. Health Insurance: The parties acknowledge that they each will continue to provide their own health insurance coverage and be responsible for all of their own co-pays, deductibles and out-of-pocket expenses. 26. Waiver or Mod cation to be in Writing No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 27. Mutual Cooperation: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may 14 reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 28. Applicable Law: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 29. Agreement Binding on Heirs: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 30. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 31. Other Documentation: CHRIS and PEGGY covenant and agree that they will forthwith 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 this Agreement. 32. No Waiver on Default: This Agreement shall remain in full force and effect unless and until terminated under and 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 in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provisions hereof be 15 construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 33. Severability: 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 his or her obligation under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 34. Enforcement of Agreement: If either party believes that the other party has breached any provision of this Agreement, the parties agree to return to the Collaborative Law Process or seek mediation to resolve the issue. If the parties are unable to resolve the issues through the Collaborative Law Process or mediation, a party shall have the right at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her. The party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this agreement. 35. Headings Not Part of Agreement Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of 16 reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day and year first above written. Thomas D. Gould, Esquire Dawn S. Sunday, Esquire CHRIS A. UPDEGR VE MARG ET A. UPD RO 17 CI co CHRIS A. UPDEGROVE, . PLAINTIFF V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2578 CIVIL TERM MARGARET A. UPDEGROVE, IN DIVORCE DEFENDANT AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 22, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. n DATED: ?d D - /-? CHRIS A. UPDEG VE r\, r? r7l f-P c 1 r"'t CHRIS A. UPDEGROVE, PLAINTIFF V. MARGARET A. UPDEGROVE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2578 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 22, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 17--,;-G - O h ? -M?TA.UVD&G ?...Q MAR OVE tie C=5 a ;TT r;- wry-. 4 „ d r"s w.. S S' CHRIS A. UPDEGROVE, PLAINTIFF V. MARGARET A. UPDEGROVE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2578 CIVIL TERM IN DIVORCE WAIVER OF N OTIC E OF I NTENTION TO REQUEST ENTRY O F A DIVORC E DECREE UNDER SECTION 3 301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 2 l zz- DATED: E-H-RIS A. UP EGROVE --7 L. y ?y ••'j P 'it CHRIS A. UPDEGROVE, PLAINTIFF V. MARGARET A. UPDEGROVE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2578 CIVIL TERM IN DIVORCE WAIVER OF NOTIC E OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVO RCE CODE 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: -" CD ` O r?? ?•• --U? MAR A. UPDEGRO - </ co ig 7 i CHRIS A. UPDEGROVE, PLAINTIFF V. MARGARET A. UPDEGROVE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 -.157$ CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce on behalf of Margaret A. Updegrove and certify that I am authorized to do so. 6241- 23 -Jook- ce-??---?C DATE Dawn S. Sunday, Es ire I.D. # 39 WEST MAIN STREET MECHANICSBURG, PA 17055 (717) 730-9622 : ' ` ? i . co .? . .. f CHRIS A. UPDEGROVE, Plaintiff V. MARGARET A. UPDEGROVE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 2578 CIVIL TERM CIVIL ACTION - LAW DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the 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 the complaint: On April 23, 2008, Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff, July 23, 2008; By Defendant, July 26, 2008. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on July 28, 2008. Date Defendant's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on July 28, 2008. Thomas D. Gould, Esquire C +v 77, co r , 31- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CHRIS A. UPDEGROVE, II NO. 2008 - 2578 CIVIL VERSUS MARGARET A. UPDEGROVE Defendant DECREE IN DIVORCE czkt 3.03/•*I AND NOW, ?, IT IS ORDERED AND DECREED THAT CHRIS A. UPDEGROVE , PLAINTIFF, AND MARGARET A. UPDEGROVE , 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; THE MARITAL SETTLEMENT AGREEMENT DATED JULY 17, 2008 IS HEREBY INCORPORATED INTO T ATTEST: J. PROTHONOTARY A47