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HomeMy WebLinkAbout08-7189 Melanie L. Butz, Pro Se 109 Race Street Boiling Springs, PA 1707 (717) 249-1937 melschen@comcast.net Melanie L. Butz, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW NO. John A. Butz, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD T HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFO MATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 1701 (717) 249-3166 Melanie L. Butz, Pro Se %9 Race Street Boiling Springs, PA 1707 (717) 249-1937 melschen@comcast.net Melanie L. Butz, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. OF- ?) P9 ( 7j__- John A. Butz, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, Melanie L. Butz and seeks to obtain a Decree in Divorce from the above named Defendant, John A. Butz, upon the grounds hereinafter set forth. 1. Plaintiff is Melanie L. Butz, an adult individual, who currently resides at 109 Race Street, Boiling Springs, PA 17007. 2. Defendant is John A. Butz an adult individual, who currently resides at 124 Fairway Drive, Dillsburg, PA 17019. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complain.. 4. The Plaintiff and Defendant were married on October 24, 2003, in Akron, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States or any of its allies. 8. The Plaintiff has beep advised of the availability of marriage counseling and understands that he/she may request that the Court require the parties to participate in counseling. 9. The Plaintiff avers that the grounds on which the action is based are that the marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a Decree in Divorce. 2 WHEREFORE, Plaintiff prays that your Honorable Court enter a Decree in Divorce dissolving the marriage between the parties. Respectfully submitted, DATE: 1,2- ??. p yS Melanie L. Butz, Pro Se 109 Race Street Boiling Springs, PA 1707 (717) 249-1937 meischen@comcast.net 3 VERIFICATIO-N I verify that the statements made in the foregoing Complaint In Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswonh falsification to authorities. DATED: - `I 0 $? Melanie L. Butz, Plaintiff 4 n `Yl r -r , \„4 n d `= an M" 1.t7 ? f . -1 Meianie L. BUM Pro se 109 Race Street Bolling Springs, PA 1707 (717) 249-1937 melschen@comcast.net Melanie L. Butz, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 08-7189 John A. Butz, Defendant IN DIVORCE AFFIDAVIT OF SERVICE OF DIVORCE COMPLAINT I, Melanie L. Butz, being duly sworn according to law depose and say that on December 11, 2008, 1 served a Complaint In Divorce upon Defendant John A. Butz by depositing a true and correct copy of same in the possession of the United States mail, certified mail, return receipt requested, addressed at AAA Insurance, 701 S. West Street, Suite C, Carlisle, PA 17013. A copy of the signed return receipt card is attached hereto. DATE: MELANIE L. BUTZ, Pro 109 Race Street Boiling Springs, PA 17007 meischen@comcast.net (717) 701-1523 RLMOM OF THE PRON. D ARY 2M9 APR --1 FM b. 2 7 p 9:? - c:?j MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of April, 2009, by and between John A. Butz, now of 124 Fairway Drive, Dillsburg, Pennsylvania 17019, hereinafter referred to as "Husband", -AND- Melanie L. Butz, now of 109 Race Street, Boiling Springs, Pennsylvania 17007, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 24, 2003, in Akron, Pennsylvania, and there are no children born of this marriage; and WHEREAS, diverse unhappy marital difficulties have arisen between the parties, causing them to believe that their marriage is irretrievably broken, as a result of which the parties intend to live separate and apart from one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; 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 of real and personal property; the settling of all matters between them relating to the past, present, or future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claim and possible claims by one against the other or against their respective e , particular(* those responsibilities and rights growing out of the marriage relationship; a 'a d -1- WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; and that both parties are cognizant of their right to legal representation, declares that it is their express, voluntary, and knowing intention not to avail themselves of their right to counsel and they choose instead to represent themselves with respect to the preparation and execution of this Agreement. The parties acknowledge that they fully understand the facts and they acknowledge and accept that this Agreement, is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, 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 improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has either been fully advised by his or her respective attorney or has voluntarily waived his or her right to receive legal advice of the impact of the Pennsylvania Divorce Code, whereby the Court has the power and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property owned or possessed individually by either, counsel fees and costs of litigation. Nonetheless, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties and waives his and her respective right to have the Court Of Common Pleas of Cumberland County or any other court of competent jurisdiction make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. SEPARATION. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside, from time to time, at such place or places as they shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. 2. SUBSEQUENT DIVORCE. The parties hereby agree that Wife has filed a Complaint in Divorce in The Court Of Common Pleas Of Cumberland County, Pennsylvania, Docket Number 08-7189 CIV, on the basis that the marriage is irretrievably broken under the no-fault, mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code as soon as practicable. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. Neither party to such action shall seek alimony, alimony pendente lite, or support or maintenance of any nature contrary to the provisions of this Agreement. It is further specifically understood and agreed by the parties that the provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees 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, -3- judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. Notwithstanding the provisions of the Pennsylvania Divorce Code or of any law to the contrary, none of the terms and provisions of this Agreement shall be subject to modification by the Court or in any fashion other than as set forth hereinafter. It is specifically agreed, however, that this Agreement shall be subject to enforcement under the provisions of the Pennsylvania Divorce Code or, at the option at the aggrieved party, by a suit against the alleged breaching party either in law or in equity. 3. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. DEBTS AND OBLIGATIONS. Husband represents and warrants to Wife that he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation. Wife represents and warrants to Husband that she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation. -4- Except as otherwise specifically set forth herein, each party shall be solely responsible for any debts or liabilities incurred in his or her individual name at any time, and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of such debts or obligations. 5. MUTUAL RELEASES. Husband and Wife do hereby mutually remise, release, quit-claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such 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 courtesy; or claims in the nature of dower or courtesy, 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 Pennsylvania, any state, commonwealth or territory of the United States, or any other country; or any rights which either party may now 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 provision hereof. It is the intention of Husband and Wife 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 hereof. -5- 6. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereby agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other household personal property between them. The parties mutually agree that each party shall retain such items of household furnishings and other tangible personal property as is presently in his/her possession, and that each party hereby releases and relinquishes any right, title or interest he/she may have had in the past or now has in the aforesaid tangible personal property in the other party's possession. 7. DISTRIBUTION OF CASH ASSETS. Except as set forth herein, each party shall retain as his or her sole and separate property, free and clear from any claim, right, title or interest on the part of the other, any bank or depository account or cash assets of any nature, now in his or her respective individual name. 8. VEHICLES AND DISRTIBUTION OF CERTAIN ASSETS AND LIABILITIES. Although the parties have equitably divided Household, Personal Property and Cash Assets as stated above, there exists certain listings of joint and individual assets and liabilities for which the parties desire to set forth their respective rights and obligations. A listing of the party's individual and joint Assets and Liabilities are set forth on Exhibit A attached hereto and incorporated herein. With respect to said Assets and Liabilities in Exhibit A the parties agree as follows: A. Wife shall transfer and hereby releases and relinquishes any right, title or interest she may have had in the past or now has in the real property known and numbered as 109 Race Street, Boiling Springs, Pennsylvania. As soon as practical after the execution of this Agreement, Husband shall refinance said real property and pay off the debt (Mortgage) on the real property currently with M&T Bank in the amount of $78,632.16, upon said refinance, Husband shall pay to Wife the amount of $10,000.00. -6- In addition to the first mortgage, Husband and Wife acknowledge that there exists a second mortgage to Members 1s' Federal Credit Union in the amount of $6,586.05. Said loan shall be paid as part of the aforesaid refinance. B. Husband shall retain as his sole and separate property the following vehicle: 1. 2001 Chevrolet Cavalier VIN 1 G1 JC524127404940; and he will assume responsibility for all expenses associated with the said vehicle, including the provision of automobile insurance. Wife waives any claim, right, title or interest in said vehicle. C. Wife shall retain as her sole and separate property the following vehicle: 1. 1999 Chevrolet Prism VIN 1Y1SK5284XZ429145, which is encumbered by a loan through AmeriChoice Federal Credit Union in her own individual name. Husband waives any claim, right, title or interest in said vehicle. 9. 2009 TAX RETURN. The parties agree that they will file separate federal income tax returns for the 2009 calendar year. 10. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the 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. -7- 11. ENTIRE AGREEMENT. This Agreement contains the entire, complete and exclusive understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 12. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 13. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 14. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her, regardless of whether the issues relating to the breach are resolved by settlement or by determination of the court. In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of 15 days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 15. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. -8- 16. VOID CLAUSES. 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. 17. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: I (SEAL) J, /A L (SEAL) Melanie L. Butz -9- COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the 1154 _ day of April, 2009, before me, the undersigned officer, personally appeared John A. Butz and Melanie L. Butz, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within Agreement, and ack- nowledged that they executed the same for the purposes therein contained. Notary Public . COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DARCIE A. NEIL, Notary Public Boro of Carlisle, Cumberland County My Commk0n" ryr,;", him,, 14 qn''9 -10- FUD4 DffifE OF Tff PR07HCNOTARY 2809 APR - I Phi 2.2 7 c OoLWN PENhOU" f. V Melanie L. Butz, Pro Se 109 Race Street Boiling Springs, PA 1707 (717) 701-1523 me1schen@comeast.net Melanie L. Butz, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 08-7189 John A. Butz, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 9, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 reque entry of the decree. 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: April 1, 2009 Rr°? OF'ftE i?NOTIIR'Y iI 2869APR - 1 M f:27 "W4, V+aianie L. Butz. Pro Se Race Street Boiling Springs, PA 1707 (717) 701-1523 rnsischen@corneast.net Melanie L. Butz, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 08-7189 John A. Butz, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) AND §3301(D) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree In 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 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 Waiver of Notice are true and correct. I OF THE T? ' 204 APR --1 PM D27 NTY 4 1 Aelanis L. Butz. Pro Se All Race Street Boiling Springs, PA 1707 17171701-1523 meischen@comcast.net Melanie L. Butz, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 08-7189 John A. Butz, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 9, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. 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: April 1, 2009 elanie Butz BUD-OF ME OF THE P#1ARY 2009 APR - I IM 2: 27 cLWBE-f,u44u COUNTY PEWMA? Oolanie L. Butz, Pro Se t09 Race Street Boiling Springs, PA 1707 (717) 701-1523 melschen@comcast.net Melanie L. Butz, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 08-7189 John A. Butz, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(C) AND §3301(D) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree In 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 and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I • I verity that the statements made in this Waiver of Notice are true and co, understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: April 1, 2009 -2- Rl-URCE OF THE PROIJ4 3TARY 2N9 API; -1 PH 2, 2 7 C E= OJUW P?IVti?YL1A / -1 Islanie L. Butz. Pro Se Race Street Boiling Springs, PA 1707 17171701-1523 melschen@comcast.net Melanie L. Butz, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 08-7189 John A. Butz, Defendant IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that Plaintiff in the above matter 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 Stauffer, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Dated: April 1, 2009 L Signature ignature of name A g re ed I COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the day of April, 2009, before me, the undersigned officer, - 9! - personally appeared Melanie L. Butz, known to me (or satisfactorily proven) to be the persons whose name is subscribed to the within Notice, and acknowledged that they executed the same for the purposes therein contained. Notary Public COMMONWEALTH OF POSSYLVAN NOTARIAL q DARCIE A. NEIL Notarv Public Boru of Carlme My Commission Exnires Nov. 44, !q FIUM-OffiCE OF THE PRDTPMTARY 249 APR -1 P"2,29 S" i) t:OJUM PEMJSYI.Y" 1 Melanie L. Butz. Pro Se 109 Race Street Boiling Springs, PA 1707 (717) 701-1523 melschen@comcast.net Melanie L. Butz, V. John A. Butz, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW NO. 08-7199 Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) or 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the Complaint: December 11, 2008 by certified mail. See attached signature card. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff on April 1, 2009; by Defendant on April 1, 2009. J 4. Related claims pending: None 5. Date Plaintiffs Waiver Of Notice was filed with the Prothonotary: April 1, 2009. 6. Date Defendant's Waiver Of Notice was filed with the Prothonotary: April 1, 2009. Respectfully submitted, DATE: u' I 0 L. . Melanie L. Butz, Pro Se 109 Race Street Boiling Springs, PA 1707 (717) 701-1523 meIschen@comcast.net A. Signature ent a Complete Items 1, 2, and 3. Also Complete Addressee item 41t Restricted [?slivery Is desired. - . ; E print your name and address on the reverse a c. a of Delivery so that we can return the card to You. B ` p _/'/ ' a Attach this card to the back of the mailpiece,? ; ?,, '? 5c + Yes or on the front if space permits. D. Is delMq addMs W: NG if YES, enter del , 1. Article Addressed to: Q OL ScR? - C '10? 5 Wyk V.11 -1 C) 3. Seprice Type QIA Certified Mail 0 kxpress Mai? ® Registered [(Retum Receipt fer Merchandise 11 insured Mail 0 C.O.D. 4. Restricted Delivery(? (Extra Fee) 0 Yes 2. AvWe Number ?GO? 2560 0001 2021 .5624 (n,ndw from ae vke tabu! a 102595-02-M-I Domestic Return Rteaeipt P$ Form 3811, February 2004 RL.£D--JFRCE OF THE PROD C IIOTARY 2009 APR -2 PM 3: 14 CUIV 1-d"LINTY Melanie L. Butz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. John A. Butz NO. 08-7189 DIVORCE bECREE AND NOW, ?_&oj , it is ordered and decreed that Melanie L. Butz plaintiff, and John A. Butz , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, . ? , .?. `?'?? .?