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HomeMy WebLinkAbout04-1793JANE MARIE HUTCHESON, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA ; vs. : NO.C)q-17~.3 CIVILTERM ; TIMOTHY JOSEPH HUTCHESON, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE / CUSTODY 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 thc 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 Courthons¢, 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. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 1-800-990-9108 JANE MARIE HUTCHESON, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO. CY-/~ 17°~3 CIVIL TERM ; TIMOTHY JOSEPH HUTCHE~SON, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE / CUSTODY COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 330HC) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, JANE MARIE HUTCHESON, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce and custody. 1. Plaintiffis JANE MARIE HUTCHESON, an adult individual, who resides at 263 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The Plaintiff has resided in Cumberland County for over one (1) year. 2. Defendant is TIMOTHY JOSEPH HUTCHESON, an adult individual, who resides at 6409 Cannon Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on December 2, 1989. 5. There have been no prior actions of divorce or for annulmem between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaimiffhas been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Neither Plaintiff nor Defendant has ever been a member of the United States Military Services. 9. Plaintiff and Defendant have two (2) children from their marriage, KATHERINE ELIZABETH HUTCHESON, bom April 29, 1990 and JACOB ALEXANDER HUTCHESON, bom October 4, 1996 COUNT I - REOUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301trc} OF TIlE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiffintends to file an Affidavit consenting to the divorce. Plaintiffbelieves Defendant may also file such an affidavit. Wlt'EREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, JANE MARIE HUTCI:IESON, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301 (c) of the Divorce Code. COUNT H - REOUEST FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Cotnt to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff, JANE MARIE HUTCHESON, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT III - REOUEST FOR CONFIRMATION OF CUSTODY UNDER SECTIONS 3104fa)~2) and 3323~b) OF THE DIVORCE CODE 14, Paragraphs 1 through 13 of this Complaint are incorporated herein by reference thereto. 15. The parties are the parents of the following minor children who reside with the Defendant at this time: NAME AGE SEX DATE OF BIRTH KATHERINE ELIZABETH HUTCHESON 14 years Female April 29, 1990 JACOB AI,EXANDER HUTCHESON 8 years Male October 4, 1996 16. During the past five (5) years the children have resided with the parties and at the addresses herein indicated: WITH WHOM ADDRESS FROM/TO Plaintiff and Defendant 263 Salem Church Road 1998 to February 9, 2004 Mechanicsburg PA Plaintiff 263 Salem Church Road February 9, 2004 to Present 17. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 18. There are no other proceedings pending involving custody of the children in this or any other state. 19. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation fights with respect to the children. 20. The best interests of the children will be served if Plaintiff and Defendant have Shared Legal Custody and Shared Physical Custody of their children. WltEREFORE, Plaintiff, JANE MARIE HUTCltESON, requests this Honorable Court grant Plaimiff, JANE MARIE HUTCHESON, and Defendant, TIMOTHY JOSEPH HUTCI:iESON, Shared Legal Custody of the minor children, KATltERINE ELIZABETH HUTCHESON and JACOB AI,EXANDER HUTCglESON with Primary Physical Custody to the Plaimiff, JANE MARIE ltUTCi~ESON and Partial Physical Custody of the minor children, KATHERINE ELIZABETH HUTCHESON and JACOB ALEXANI)ER HUTCHESON to the Defendant, TIMOTItY JOSEPH HUTCItESON. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Counsel for Plaintiff // PA I.D. # 64991k~J 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are tree and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. JANE MARIE HUTCHESON JANE MARIE HUTCHESON : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 04-1793 CIVIL ACTION LAW TIMOTHY JOSEPH HUTCHESON : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, May 04, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear belbre Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Thursday, June 03, 2004 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference ma'/ provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy. Esq. mhc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business betbre the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17C, 13 Telephone (717) 249-3166 JANE MARIE HUTCHESON, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERIJ~ND COUNTY, · PENNSYLVANIA vs. : NO. 04-1793 CIVIL TERM : TIMOTHY JOSEPH HUTCHESON, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE / CUSTODY ACCEPTANCE OF SERVICE TO THE PROTHONOTARY: I hereby accept service of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, in the above matter. Respectfully submitted, Defendant JANE MARIE HUTCHESON, IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 04-1793 CIVIL TERM V. CIVIL ACTION - LAW TIMOTHY JOSEPH HUTCHESON, : IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 7th day of June, 2004, the parties havincj reached an agreement which has been memorialized in a Stipulation to be filed with this Court, llhe Conciliator hereby relinquishes jurisdiction of the above captioned matter. Melissa Peel Gre~vy, Esquire Custody Co~ciliator Dist: Susan Kay Candiello, Esquire, 5021 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050 Timothy Joseph Hutcheson, 6409 Cannon Ddve, Mechancisbu~g, PA 17050 :230200 JANE MARIE HUTCHESON, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA : vs. : NO. 04-17931 CIVIL TERM : TIMOTHY JOSEPH HUTCHESON, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE / CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY The Plaintiff (hereinafter sometimes referred to as "Mother") is JANE MARIE HUTCHESON, who currently resides at 263 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The Defendant (hereinafter sometimes referred to as "Father") is TIMOTHY JOSEPH HUTCHESON, who currently resides at 6409 Cannon [)rive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. KATHERINE ELIZABETH HUTCHESON (hereinafter sometimes referred to as "Katherine"), born on April 29, 1990, and JACOB ALEXANDER HUTCHESON (hereinafter sometimes referred to as "Jacob"), born on October 4, 1996, are the subjects of this Stipulation for Agreed Order of Custody. It is Plaintiff and Defendant's belief that it is in the best interests of their minor children to have a meaningful ongoing relationship with both their natural Mother and natural Father, provided the children are in a safe environment. WHEREFORE, Plaintiff, JANE MARIE HUTCHESON, and Defendant, TIMOTHY JOSEPH HUTCHESON, have entered into a mutual agreement regarding thc custody of their children and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff and Defendant shall share Legal Custody (as defined in 23 Pa.C.S.A. Section 5302) of their minor children, KATHERINE ELIZABETH HUTCHESON and JACOB ALEXANDER HUTCHESON. 2. All decisions affecting their children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in their children's best interest. 3. Mother and Father agree to keep the other informed of the progress of their children's education and social adjustments. Mother and Father agree not to impair the other's right to shared legal or physical custody of their children. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus; of the other for the physical and emotional well-being of their children. 4. While in the presence of their children, neither M,other nor Father shall make, or permit any other person to make, any remarks or do anything which could in any way be 2 construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their children should respect and love. 5. It shall be the obligation of each parent to make their children available to the other in accordance with the physical custody schedule and to encourage their children to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult Mth him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. Both parents' names shall be listed with the school their children attends as parents to be contacted in the event of an emergency, and to be notified regarding school events. Each party shall provide the other, promptly after receipt, with copies of report cards and notification of major school events 9. Neither Mother nor Father shall schedule activities or appointments for their children which would require their attendance or participation at said activity or appointment during a time when their children are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. Mother Shall have Primary Physical Custody and Father Shall have Partial Physical Custody of their minor children, Katherine Elizabeth Hutcheson and Jacob Alexander Hutcheson, according to the following schedule: A. Father has a schedule which rotates through three (3) different shifts every twenty-eight (28) days. Father shall have the children the evenings of the second and forth days of his 7:30 to 3:30 shift ("day" shift). The seventh day of Father's day shift Father shall have the children beginning Friday evening through Sunday evening. When Father is working 11:30 to 7:30 a.m. ("night" shift) Father shall have the children the evening of his third and fifth days on the night shift for visitation. Father shall have the children for the two (2) days of his break before beginning his 3:30 to 11:30 p.m. ("evening" shift). During Father's evening shift Father may request to have the children one (1) or more mornings and early afternoon occurring during this shift. Father shall then have the children for the four (4) days and three (3) nights of Father's break before beginning his 28 day schedule again; B. Mother agrees to share holidays with Father in an equitable manner, in accordance with Father's employment schedule. The parties agree to cooperate in sharing the children for holidays amicably and as equitably as can be done in 4 accordance with Father's employment schedule. The holidays to be shared shall include, but not be limited to the following: 1) New Year's Eve and Day; 2) Easter; 3) Memorial Day; 4) Independence Day; 5) Labor Day; 6) Thanksgiving Day; and 7) Christmas. D. Father shall have the children on Father's Day and Mother shall have the children on Mother's Day (depending upon Father's employment schedule); E. Mother and Father shall each have the option of requesting one to two (1-2) non-consecutive weeks of vacation during the, year with their children, providing a minimum of thirty (30) days' notice of the time requested is given to the other party; F. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation. All permanent changes in periods of custody from those contained in this custody agreement shall be made in writing and signed by both parties; G. Ail holidays, vacations, and specially designated times for visitation with their children shall supersede the regularly scheduled visitation. 5 11. The parent with physical custody of their children agrees to keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which their children have become involved. 12. Mother and Father agree to provide each other, with current information regarding their children. Mother and Father also agree to have each other listed as an emergency contact with any adult and/or agency their children interact with. 13. Mother and Father agree to be responsible fi>r any ordinary everyday expenses which occur during their individual custody periods with their children. 14. At any time either parent shall take the children to a different location overnight, the party with custody of the children shall provide the other party with the location where the children will be and a telephone number to be able to speak w:ith them. 15. At any times when the parties desire to take the children out of the Commonwealth of Pennsylvania, they must contact each other prior to taking the children out of Pennsylvania, in a timely manner and provide the other parent with a telephone number and a location where the children can be contacted and a time they will return to Pennsylvania. 16. Mother and Father shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by b~ COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the .(~? day of ~ t~rx~.~ , 2004, before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified tl~tat she was personally present when JANE MARIE HUTCHESON and TIMOTHY JOSEPH[ HUTCHESON whose names are subscribed to the within Stipulation for Custody, executed the same, and that said persons acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. Notar~ Public My Com~nission Expires: t~n~s O JANE MARIE HUTCHESON, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA : vs. : NO. 04-1793 CIVIL TERM TIMOTHY JOSEPH HUTCHESON, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR CUSTODY ORDER OF COURT AND NOW, this 2¢3~ day of -_'J'~) C' ,2004, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, &~NE MARIE HUTCHESON, and Defendant, TIMOTHY JOSEPH HUTCHESON, shall SHARE LEGAL CUSTODY and Plaintiff, JANE MARIE HUTCHESON, shall have PRIMARY PHYSICAL CUSTODY and Defendant, TIMOTHY JOSEPH HUTCItESON shall have PARTIAL PHYSICAL CUSTODY of their minor children, KATHERINE ELIZABETH HUTCHESON and JACOB ALEXANDER HUTCHESON, in accordance with the language contained in the within Stipulation. BY THE COURT, J. MARITAL PROPERTY SETrI.F MENT AGREEMENT THIS AGREEMENT is entered into this ~ day of..~L~..~' 2004, by and between JANE MARIE HUTCHESON and TIMOTHY JOSEPH HUTCHESON. RECITALS Wife's Birthday and Social Security Number: July 18, 1965 184-54-8092 Husband's Birthday and Social Security Number: June 6, 1968 194-62-2491 Date of Marriage: December 2, 1989 Place of Marriage: Mechanicsburg, Pennsylvania Last Marital Residence: 263 Salem Church Road, Mechanicsburg, Cumberland County, PA 17050 Date of Separation: February 9, 2004 Children: KATHERINE ELIZABETH HUTCHESON, born on April 29, 1990 JACOB ALEXANDER HUTCHESON, born on October 4, 1996 Pending Court Proceedings: None DivorceCourt of Common Pleas No. 04-1793 of Cumberland County, Pennsylvania WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart 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: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promisea, covenants and undertaklnss hor¢inafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other at all times and at ail locations, including but not limited to each party's place of work, nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts. contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate daws, 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. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat thc right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 2 (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from al/ causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE 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 deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Wife shall be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be 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. 3 ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Wife. Husband has been apprised of his need for counsel and has waived his right to counsel. (Please see Waiver of Right to Counsel attached hereto and made a part hereof at £xhibit "A".) The parties acknowledge that each has been advised of their right to obtain independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. WAIVER OR MODIFICATION 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 or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 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. ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith within a reasonable time, but not longer than thirty (30) days after demand is made by the other party, 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. NO WAIVER OF 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 breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the panics. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Susan Kay Candiello, F_.squire, at the Law Firm of Susan Kay Candiello, P.C., 5021 East Trindle Road, Mechanicsburg, Pennsylvania 17050, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Timothy Joseph Hutcheson, at 6409 Cannon Drive, Mechanicsburg, Pennsylvania, 17050, or such other address as Husband from time to time may designate in writing. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BANKRUPTCY 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 under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by thc creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' 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 any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION A~'fEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS The parties hereby agree that all of the support and alimony provisions contained in this Agreement (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. A'ITORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. ,EQUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that ail of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. 7 2. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The 2001 Grand Caravan, jointly leased in Husband and Wife's names, shall hereafter be the sole and exclusive property of Wife. Husband's name cannot be removed from this lease agreement. Husband shall waive all right, title and interest he may have in this vehicle. Wife agrees to be solely responsible for all lease payments, insurance, loans, and all other expenses associated with this vehicle until such time as the lease expires. Wife may then determine what she wants to do with the leased vehicle. B. The 2003 Ford Taurus, titled in Husband's name alone shall hereafter be the sole and exclusive property of Husband. There is a loan on this vehicle, which is in Husband's name alone. Husband shall be fully responsible for the payment of this loan and all insurance and expenses associated with this vehicle. Wife shall waive all right, title and interest she may have in this vehicle. · C. The pat~ies agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. D. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle he conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienhoider as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or/ienholder. 3. BANK ACCOUNTS The parties presently have a joint checking and savings account with Members First. The parties have agreed to use the monies in these accounts to pay marital debt and expenses. Wife shall keep these accounts and Husband shall cooperate fully in removing his name from these accounts within thirty (30) days of the execution date of this Agreement. Husband shall at that time specifically waive, release, renounce and forever abandon any claims which he may have with respect to these accounts. The funds from these accounts shall hereafter be the sole and exclusive property of Wife. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 8 4. LIFE INSURANCE Any life insurance Husband and Wife may presently have is term life insurance. The parties agree to name their children as equal beneficiaries of their life insurance with the other parent as the trustee for the proceeds from their life insurance policy for their children. Husband and Wife agree to specifically release and waive any and all interest, claim or right in each other's life insurance policy. 5. RETIREMENT INTEREST Wife Wife has an IRA with ING through her present employer, Cumberland Perry ARC. Husband hereby agrees to specifically release and waive any and all interest, claim or right he may have in Wife's IRA. Wife does not have any retirement interests. Hnsband Husband does not have any retirement benefits. 6. MARITAL RESIDENCE / DIVISION OF EQUITY Marital Residence/Value Wife has requested to keep the marital residence and Husband has agreed. Wife shall hereafter be responsible for all taxes, insurance, loans, liens, and mortgages on the marital residence. Wife and Husband have agreed Wife shall refinance the marital residence, no later than thirty (30) days following the execution of this Agreement. The parties have agreed Wife shall take out al/the equity she is able which is presently in the marital residence. These monies from the equity in the marital residence shall be utilized to pay off the majority of all marital debt. Husband agrees to sign a deed and all necessary documents at the time of the refinancing of the marital residence, transferring al/ Husband's right, title and interest in the marital residence to Wife. 8. JOINT DEBTS AND LIABILITIES The joint debts incurred during the marriage and unsatisfied at the time of the execution of this Agreement are as follows: I) Mortgage on the Marital Residence Wife shall refinance the mortgage on the marital residence removing Husband's name from the mortgage. Wife shall be responsible for all mortgages, loans, liens, taxes, and insurance on the marital residence. ' 2) Capital One (?) This is a joint credit account. The parties have agreed this account shall be paid in full from the equity from the marital residence refinancing. This account shall then be closed. 3) Visa (Wife) This is a joint credit account with Wife as the primary. The parties have agreed this account shall be paid in full from the equity from the marital residence refinancing. This account shall then be closed. 4) Visa (Husband) This is a joint credit account with Husband as the primary. The parties have agreed this account shall be paid in full from the equity from the marital residence refinancing. This account shall then be closed. 5) Persona/Line of Credit This is a joint line of credit account. The parties have agreed this account shall be paid in full from the equity from the marital residence refinancing. This line of credit account shall then be closed. 6) Lease on 2001 Grand Caravan This is a lease in joint names. Husband's name cannot be removed from this lease. Wife has agreed to be fully responsible for this lease and all expenses associated with this vehicle. 7) Loan for 2003 Ford Taurus This is a loan in Husband's name only. Husband has agreed to be fully responsible for this loan and all expenses associated with this vehicle. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either pat~y in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 9. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. ' B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. l0 D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 10. AFYER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, persona] or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, 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. 11. SUPPORT AND ALIMONY Husband agrees to pay to Wife monthly support payments in the amount of Four Hundred Thirty Dollars and No Cents ($430.00) for thirty-six (36) months. These monies shall not be considered as alimony and shall not be taxable as income to Wife. Husband shall make these payments on the fifteenth (15~h~ and no later than the thirtieth (30~h) day of each month. Husband's first payment shall begin on August 15.h, 2004 with Husband's last payment to be made on July 15~", 2007. These alimony payments to Wife shall terminate upon Wife's cohabitation as man and wife with another man, as defined by PA statutes and laws, and Wife's marriage. These alimony payments to Wife shall terminate upon the death of either Husband or Wife. The amount of alimony paid to Wife may be subject to revision, in accordance with the Pennsylvania Domestic Relations laws for spousal support in effect at the time, if both or either of the parties experience a material change in their individual incomes. 13. INCOME TAX RETURNS Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 14. COUNSEL FEES AND EXPENSES The parties agree each to share equally the counsel fees and expenses incurred with Susan Kay Candiello, Esquire in obtaining this divorce. tl Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. ANE MAR E U?C HES ON ~ / - A WIFE COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : On this, the ~'4~ day of ,~J ~rx~. , 2004, before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when JANE MARIE HUTCHESON and TIMOTHY JOSEPH HUTCHESON, whose names are subscribed to the within Marital Property Settlement Agreement, executed the same, and that said persons acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. My Commission Expires: 12 JANE MARIE HUTCHESON, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA : vs. : NO. 04-1793 CIVIL TERM _. TIMOTHY JOSEPH HUTCHESON, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE WAIVER OF RIGHT TO COUNSEL FOE .MARITAL PROPERTY SE'I'I'LEMENT AGREEMENT I, TIMOTHY JOSEPH HUTCHESON, do hereby acknowledge that I am the Husband in this divorce action. I have agreed to and executed the attached Marital Property Settlement Agreement voluntarily. 1 am not under any duress, nor were there any threats or promises made to me to coerce my execution of this Agreement. I fully understand my property rights as Husband in this divorce action are determined by this Marital Property Settlement Agreement. I agree to fulfill my responsibilities and obligations under this Marital Property Settlement Agreement. ! have been advised of and do hereby waive my rights to an attor to represent me on the of the Marital Property Settlement Agreement. ,' my rlgms~.~at.~y to. n, .~ issue COMMONWEALTH OF PENNSYLVANIA : / : SS: COUNTy OF CUMBERLAND : On this, the ~ day of ,'~[J/~, ,2004, before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when TIMOTHY JOSEPH HUTCHESON whose names are subscribed to the within Waiver of Right to Counsel, executed the same, and that said persons acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. . Notary Pu~li~ My Commission Expires: EXHIBIT "A" {.___~ c~n,~,~ ~,~. ~:~'..'.'~ / JANE MARIE HUTCHESON, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA : vs. : NO. 04-1793 CIVIL TERM ; TIMOTHY JOSEPH HUTCHESON, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 4, 2004. 2. The marriage between the Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date offiling the Complaint. 3. I consent to the entry of a final Decree in Divorce, at~er the se~dce of notice of intention to request entry of the decree. 4. I understand that ifa claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will he lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I fi~rther understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. I understand that false statements heroin are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. DATE - I - I JANE MARIE HU~C?ttE~ON' JANE MARIE HUTCHESON, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA : vs. : NO. 04-1793 CIVIL TERM : TIMOTHY JOSEPH HUTCHESON, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY (~F. DIVORCE DF_X~U~E UNDER SEL'HON 330Hcl OF DIVORCE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division ofpropmy, lawyer's fees or expenses ifI 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 alter it is filed with the I verify that the statements made in tMs affidavit are true and correct. I understand that false staternents bemin are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE $~'E MARIE HUTCHE~bN~ ..... JANE MARIE HUTCR'E~SON, : IN ~ COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA : vs. : NO. 04-1793 CIVIL TERM : TIMOTHY JOSEPH HUTCI~SON, : ~ ACTION - LAW DEFENDANT : ACTION FOR DIVORCE .AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 4, 2004. 2. The marri~e between the Plaimiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filinS the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service ofnotice of intention to request entry of the decree. 4. I understand that ifa claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised ofthe availability of marrinse counseling, and onderstand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ttttrcI SON JANE MAR~ HUTCHESON, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA : vs. : NO. 04-1793 CIVIL TERM : TIMOTHY JOSEPH HUTCI~rSON, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DEC~I~ UNDER SECTION 3301(c~ OF DIVORCE CODF, 1. I consent to tho entry ora final decree ofdivoree without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 prothonot~uy. I verify that the statements made in this affidavit are wae and correct. I understand that false s~atemems herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. D-~'TI~ [ T~ HL~CHESON JANE MARI~ HUTCI~F~SON, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA : vs. : NO. 04-1793 CIVIL TERM : TIMOTHY JOSEPH HUTCm~SON, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE .PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(¢) of the Divorce Code. 2. Date and manner of service of Complaint: The Defendant, Timothy Joseph Hutcheson, signed the Acceptance of Service on May 14a, 2004. Said Acceptance of Service was filed with the Cumberland Coun~ Prothonotary on May 18a' 2004. 3. Date ofexecution of the Affidavit of Consent required by Section 3301(¢) of the Divorce Code by: Plaintiff.' August 16'~' 2004 Defendant: August 16e, 2004 (a) Related claims pendlnS: None (b) Claims withdrawn: None (¢) Claims settled by agreement of the pa~ies: All claims (d) Please see the Marital Properly Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. 4. I certify that the Waiver ofNotice oflntention to Request Entry ora Divorce Decree Under Section 3301(¢) .ofDivorce Code, as required by Rule 1920.42(e)(1), was executed on August 16a, 2004 by the Piaintiffand on August 16e' 2004 by the Defendant, and that these documents are being filed simultaneously with this Praecipe to Transmit Record. I furthe~ cea-tify that all other documents required by Rule 1920.42 are enclosed herewith. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDll~.LLO, P.C. Co~mselfor !a.~'.'_~F. squir~ 5021 East Tr dFe Road Suite 100 Meohanicsburg pA 17050 (717) 79a-19ao INTHE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~,, PENNA. Jane ~arie Hutcheso~ P£aintiff NO. 04-1793 Civil 7er~ VERSUS 7i~oth~ Joseph Hutcheson Defendant DECREE IN DIVORCE ^ND .ow, ~-r~.'~-/~-~ ~ , z~°~l, 'T 'S ORDERED AND DECREED THAT Jan. e ~a~.ip_ ~u. tch~so~ , PLAINTIFF, AND 7il~o~_h~/ Josaph Elztchesoll. , 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;