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HomeMy WebLinkAbout09-0295 SAAD SYED, Plaintiff V. HOMAMA CHAUDHARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :ANNULMENT : NO. 09- 0Cl CIVIL TERM 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, Cumberland County Courthouse, 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 before the court. You must attend the scheduled conference or hearing. SAAD SYED, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW :ANNULMENT HOMAMA CHAUDHARY, Defendant : NO. 09- CIVIL TERM ANNULMENT COMPLAINT The plaintiff, Saad Syed, by his attorneys, the Family Law Clinic, sets forth the following cause of action in annulment: ANNULMENT UNDER 23 Pa.C.S. M3304(a)(3) AND 3305(a)(5) Plaintiff is Saad Syed. Defendant is Homama Chaudhary. 2. Plaintiff, Saad Syed, has resided at 860 Carlwynne Manor Court, A-308, Carlisle, Cumberland County, PA 17013 since August 2007. 3. Defendant, Homama Chaudhary, currently resides at 483 Pinewood Road, Philadelphia, Philadelphia County, PA 19116. 4. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this complaint. 5. Plaintiff and Defendant were married on December 11, 2008 in Carlisle, Cumberland County, Pennsylvania. 6. Plaintiff is seeking an annulment of the marriage pursuant to 23 Pa. C.S. §3304(a)(3) because Defendant did not intend to consent to the marriage. 7. In the alternative, Plaintiff is seeking an annulment pursuant to 23 Pa. C.S. §3305(a)(5) because Plaintiff was induced to enter into the marriage due to fraud attributable to Defendant and there has been no subsequent voluntary cohabitation after knowledge of the fraud. There have been no prior actions for divorce or for annulment between the parties. WHEREFORE, Plaintiff requests the court to enter a decree of annulment. Rebecca Faul -r Certified Legal Intern f&a;j ROBERT E. RAINS Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date I- ?? -ay Plaintiff Saad Sye Y ? a ,, ,: c7 c_ ,rte. ,,? ? nt ? r- -r, ? ? ` ? „ -- , , ,a ?_ ?.:..? =c- ? j : T1 :-f ` ?! -t SAAD SYED, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW :ANNULMENT HOMAMA CHAUDHARY, ; Defendant : NO. 09-a9? CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Saad Syed, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal services to the party. Date ??u 1? / I, C Respectfully submitted, Rebecca Fa lkner Certified Legal Intern -F- 64?1 ROBERT E. RAINS Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 l7i SAAD SYED, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW :ANNULMENT HOMAMA CHAUDHARY, ?qs Defendant NO. 09-925 CIVIL TERM MOTION FOR APPOINTMENT OF MASTER Saad Syed, Plaintiff, through his counsel, the Family Law Clinic, moves the court to appoint a Master with respect to the following claims: () Divorce () Distribution of Property (X) Annulment O Support O Alimony O Counsel Fees O Alimony Pendente Lite O Costs and Expenses Plaintiff, in support of the motion, states: 1. Discovery is complete as to the claim for which the appointment of a master is requested. 2. The non-moving party has not appeared in the action. 3. Plaintiff filed for annulment on January 22, 2009 under §§ 3304(a)(3) and 3305(a)(5) of the Divorce Code. 4. Defendant was served with the Annulment Complaint on January 26, 2009. 5. The action involves complex issues of law and/or fact. 6. A hearing is expected to take two hours. WHEREFORE, Plaintiff requests that a master be appointed to hear the Annulment claim. ,J) - 18, ?&6 eLce - ju Date Rebecca Faul r Certified Legal Intern I r Robert E. Rains Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Fax 717-243-3639 C?`l SAAD SYED, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW :ANULMENT HOMAMA CHAUDHARY, Defendant NO. 09-295 CIVIL TERM CERTIFICATE OF SERVICE I, Rebecca Faulkner, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Annulment Complaint on Homama Chaudhary, residing at 483 Pinewood Road, Philadelphia, Pa 19116, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Homama Chaudhary, on the the 26th day of January, 2009 as evidenced by the attached green card. Rebecca er Certified Legal Intern P4 ? & Robert E. Rains Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street r Carlisle, PA 17013 (717) 243-2968 ru ? Fax: (717) 243-3639 .n ru ` m 0 0 0 0 Ir m 0 Ln 0 C3 r- a r-- C=) CJ co t? s :.`' )rn `"W„ FEB " 9 20 96 SAAD SYED, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW :ANNULMENT HOMAMA CHAUDHARY, o29S Defendant NO. 094IN CIVIL TERM ORDER APPOINTING MASTER AND NOW, this Xe4day ofo7" 2009, Robert Elicker, Esquire, is appointed master with respect to the following claim: Alimony. By t ourt: G J. MOVING PARTY Name: Saad Syed Attorney's Name: Rebecca Faulkner, Certified Legal Intern Robert E. Rains, Supervising Attorney Attorney's Address: Dickinson School of Law Family Law Clinic 45 North Pitt Street, Carlisle, PA 17013 Attorney's Telephone #: (717) 243-2968 NON-MOVING PARTY Name: Homama Chaudhary Attorney's Name: Attorney's Address: Attorney's Telephone #: ?7`? f "` Y ?,.. i_ ? ? `? .? ?- ! °?? ?? C?! 4 , _...( ., n ?? , t, <7 ?. l.? _. ..-.-. I '.... t.._.' y ! ? V ?{ SAAD SYED, Plaintiff V. HOMAMA CHAUDHARY, Defendant 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW :ANNULMENT NO. 09-295 CIVIL TERM MASTER'S REPORT Proceedings held before E. Robert Elicker, II, Master 9 North Hanover Street, Carlisle, Pennsylvania Proceedings held on May 27, 2009, commencing at 2:30 p.m. APPEARANCES: Robert E. Rains, Esq. and Rebecca Faulkner, Certified Legal Intern Counsel for Plaintiff • PROCEDURAL HISTORY • The annulment complaint was filed on January 22, 2009, raising grounds for annulment pursuant to 23 Pa C.S. §3304(a)(3), whereby the marriage shall be declared void because either party did not intend to consent to the marriage, and 23 Pa C.S. §3305(a)(5), whereby the marriage shall be declared voidable because one party was induced to enter into the marriage due to fraud. Defendant was served with the complaint by United States mail, certified, restricted delivery, return receipt requested on January 26, 2009. The Master was appointed on motion of Plaintiff on February 18, 2009. The Master scheduled a hearing for May 27, 2009 and sent notice to both parties. Defendant is not represented by counsel. The notice sent to Defendant at her address in Philadelphia, Pennsylvania has not been returned from the postal service as unclaimed. The hearing on the annulment claim was held on May 27, 2009 at 2:30 p.m. Plaintiff appeared with his counsel. Defendant did not appear. Testimony was placed on the record. The record was closed and the Master proceeded to prepare and file his report. FINDINGS OF FACT 1. Plaintiff, Saad Syed, resides at 860 Carlwynne Manor Court, A-308, Carlisle,: Cumberland County, Pennsylvania 17013; Defendant, Homama Chaudhary, resides at 483 Pinewood Road, Philadelphia, Philadelphia County, Pennsylvania 19116. 2. There are no jurisdictional issues in this case. Plaintiff has resided in this county and the Commonwealth for a period in excess of six months prior to the commencement of this annulment action. 3. The parties were married in a civil ceremony before the Honorable Kevin A. Hess on December 11, 2008 in Carlisle, Pennsylvania. They have remained separate and apart from that date. 0 • 4. The annulment complaint was served on Defendant by United States mail, certified, restricted delivery, return receipt requested on January 26, 2009. A return of service is made part of the record. 5. Notice of the hearing before the Master scheduled for May 27, 2009 was sent to Defendant at 483 Pinewood Road, Philadelphia, Pennsylvania 19116. The notice was not returned to the Master's office by the postal service. 6. Plaintiff and Defendant have only seen one another three times, and there has been no cohabitation or consummation of their marriage. 7. Plaintiff and Defendant are Muslims. Following their religious tradition, their families entered into an arranged marriage agreement in the fall of 2008. Also following their religious tradition, Defendant is under her father's custody, and thus he made all communications and decisions regarding the arranged marriage on Defendant's behalf. 8. The parties first saw one another on August 24, 2008 at Defendant's home in Philadelphia, Pennsylvania. At this meeting, the parties' families entered into an agreement for Plaintiff and Defendant to marry. Plaintiff and Defendant did not speak to one another on this occasion. 9. Plaintiff's family asked Defendant's family if they required any payment as part of the marital agreement. Defendant's family said they did not. 10. The parties saw one another for the second time on November 20, 2008. On this date, the parties and their families met in Philadelphia, Pennsylvania to apply for the parties' marriage license. 11. The parties saw one another for the third time on December 11, 2008 when they were married in a civil ceremony before the Honorable Kevin A. Hess in Carlisle, Pennsylvania. They exchanged civil vows but did not kiss or exchange rings. Immediately following the civil ceremony, Defendant returned to her home in Philadelphia, Pennsylvania without Plaintiff. 12. A three-day religious ceremony, known as a rukhsati and commencing on December 20, 2008, was to follow the civil ceremony. To the parties, the rukhsati would signify their actual marriage. 13. After the civil marriage, but prior to the religious ceremony, Defendant's father contacted Plaintiff's family and, for the first time, made a demand for twenty thousand dollars. Defendant's father told Plaintiff and his family that if they did not meet his demand for twenty thousand dollars he would not present his daughter for the rukhsati. 14. Plaintiff and his family refused to meet Defendant's father's demand of payment of twenty thousand dollars. Defendant's father called off the rukhsati on Defendant's behalf. • C? 15. Plaintiff and Defendant have neither seen nor spoken to one another since December 11, 2008, the day of their civil marriage ceremony. 16. In the eyes of the parties, their families, and their religion, the parties have not entered into the marital state because the rukhsati has not been performed. CONCLUSION OF LAW Defendant did not intend to consent to the marriage, and as such, the civil marriage entered into on December 11, 2008 is void pursuant to 23 Pa C.S. §3304(a)(3). DISCUSSION The conduct that Defendant and her father, as her intermediary, engaged in toward Plaintiff and his family, as set forth in the testimony and as outlined in the findings of fact set forth above, was of such a nature as to show that Defendant did not intend to consent to enter into the marital state when she purported to do so on December 11, 2008. Both Plaintiff and Defendant are Muslims. In keeping with their religious tradition, the parties' families entered into an agreement for an arranged marriage between Plaintiff and Defendant. Also in keeping with their religious tradition, Defendant is under her father's custody, and thus Defendant's father made all communications and decisions regarding the arranged marriage on Defendant's behalf. The parties were married in a civil ceremony conducted on December 11, 2008. However, in the eyes of the parties and their religious community, this ceremony was simply a legal precursor to their actual marriage to be entered into in a three-day religious celebration, known as a rukhsati, commencing on December 20, 2008. To Plaintiff and Defendant, the rukhsati would signify their actual union as husband and wife. Plaintiff entered into the civil marriage in good faith and in reliance upon Defendant's father's • • prior assurance that he would not require payment for allowing his daughter to enter into the marriage. Defendant's father, however, demanded payment of twenty thousand dollars after Plaintiff and Defendant took part in the civil ceremony. This monetary demand subsequent to the civil ceremony but prior to the religious ceremony shows that Defendant did not intent to consent to the marriage. Defendant's father told Plaintiff that if he and his family refused to make this payment, Defendant's father would call off the religious ceremony. Thus, Defendant's intent to consent to the marriage was contingent on Plaintiff's payment of twenty thousand dollars to her father, a condition only made known to plaintiff and his family after the civil ceremony. Since Plaintiff and his family refused to pay the twenty thousand dollars, which had not been bargained for, Defendant did not enter into the marital state, and her voiced consent at the civil ceremony on December 11, 2008, was a nullity. RECOMMENDATION It is the Master's recommendation that Plaintiff is entitled to an annulment under 23 Pa C.S. §3304(a)(3) because Defendant did not intend to consent to enter into the ;state of marriage. Respectfully submitted, E. Robert Elicker, II Divorce Master • • 1 THE MASTER: Today is Wednesday, May 27, 2 2009. Today is the date set for a hearing in the 3 above-captioned annulment proceedings. 4 Present in the hearing room are the 5 Plaintiff, Saad Syed, and his counsel, Rebecca Faulkner, 6 certified legal intern, and the supervising attorney with 7 Ms. Faulkner, Robert E. Rains, both from the Family Law 8 Clinic. Ms. Faulkner and Mr. Rains have filed a consent 9 and approval for appearance under Pa.B.A.R. 321, which is 10 part of the file. 11 Notice of today's hearing was sent to the 12 Defendant, Homama Chaudhary, to an address in Philadelphia, 13 specifically 483 Pinewood Road, Philadelphia, Pennsylvania 14 19116. The date of the notice was April 16, 2009. The 15 notice of the date of the hearing for May 27, 2009, was sent 16 to the Defendant by regular mail from the Master's office. 17 The Master has not received any returned mail indicating 18 that the mail was not received by the Defendant. The notice 19 was sent by regular mail in the United States Post Office in 20 Carlisle. The Defendant has not appeared today although, 21 as indicated, notice was properly sent to her at the 22 Philadelphia address. 23 The marriage ceremony was conducted in 24 Carlisle, Pennsylvania, before the Honorable Kevin A. Hess 25 on December 11, 2008. Mr. Syed is going to be sworn and 1 • • 1 will testify regarding the circumstances following the 2 marriage ceremony which would lead us to make a conclusion 3 regarding the annulment of this relationship pursuant to the 4 Pennsylvania Divorce Code. Mr. Syed has pled in the 5 alternative grounds for annulment. The Master, after 6 hearing the testimony, will make an appropriate 7 recommendation after having heard and reviewed the facts 8 surrounding the marriage ceremony and what transpired 9 thereafter. 10 Whereupon, SAAD SYED, having been duly sworn, 11 testified as follows: 12 DIRECT EXAMINATION 13 BY MS. FAULKNER: 14 Q Can you, please, state your name? 15 A Saad Syed. 16 Q And can you tell us your address? 17 A 860 Carlwynne Manor Court, A-308, Carlisle, 18 PA 17013. 19 Q And what is your age? 20 A Twenty-five. 21 Q And why are you currently residing in 22 Carlisle, Pennsylvania? 23 A I'm attending the Penn State Dickinson School 24 of Law. I just graduated in May. 25 (Whereupon, Plaintiff's Exhibit No. 1 was 2 • • 1 marked for identification.) 2 BY MS. FAULKNER: 3 Q Do you recognize this document? 4 A Yes. It is my sworn affidavit. 5 Q Do you recognize -- is this your signature on 6 the last page? 7 A Yes, it is. 8 Q To the best of your knowledge, is the 9 information contained in this statement, in the first two 10 pages, accurate? 11 A Yes, it is. 12 THE MASTER: What you have prepared and 13 provided us in the statement is a description of what 14 occurred regarding your civil ceremony before Judge Hess and 15 what occurred after that ceremony which leads you to this 16 proceeding today; is that correct? 17 THE WITNESS: Correct. 18 THE MASTER: All right. Thank you. We are 19 adjourned. 20 (Whereupon, proceedings adjourned at 2:45 21 p.m.) 22 23 24 25 3 i ? CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the abovecause and that this is a correct transcript of same. Traci J. Colyer Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. I ate E. Robert Elicker, II Divorce Master 4 • 0 SAAD SYED, IN THE COURT OF COMMON PLEAS OF. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW :ANNULMENT HOMAMA CHAUDHARY, Defendant NO. 09-295 CIVIL TERM STATEMENT OF SAAD SYED I declare that the following is a true and correct statement to the best of my knowledge: 1. I, Saad Syed, plaintiff, reside at 860 Carlwynne Manor Court, A-308, Carlisle, Cumberland County, Pennsylvania 17013; Defendant, Homama Chaudhary, resides at 483 Pinewood Road, Philadelphia, Philadelphia County, Pennsylvania 19116. 2. I have resided in this county and the Commonwealth for a period in excess of six months prior to the commencement of this annulment action. 3. I was married to Defendant in a civil ceremony before the Honorable Kevin A. Hess on December 11, 2008 in Carlisle, Pennsylvania. We have remained separate and apart from that date. 4. The annulment complaint was served on Defendant by United States mail, certified, restricted delivery, return receipt requested on January 26, 2009. 5. I have only seen Defendant three times, and there has been no cohabitation or consummation of our marriage. 6. Defendant and I are Muslims. Following our religious tradition, our families entered into an arranged marriage agreement in the fall of 2008. Also following our religious tradition, Defendant is under her father's custody, and thus he made all communications and decisions regarding the arranged marriage on Defendant's behalf. 7. Defendant and I first saw one another on August 24, 2008 at Defendant's home in Philadelphia, Pennsylvania. At this meeting, our families entered into an agreement for Defendant and me to marry. We did not speak to one another on this occasion. 0 0 8. My family asked Defendant's family if they required any payment as part of the marital agreement. Defendant's family said they did not. 9. Defendant and I saw one another for the second time on November 20, 2008. On this date, Defendant and I, and our families, met in Philadelphia, Pennsylvania to apply for our marriage license. 10. Defendant and I saw one another for the third time on December 11, 2008 when we were married in a civil ceremony before the Honorable Kevin A. Hess in Carlisle, Pennsylvania. We exchanged civil vows but did not kiss or exchange rings. Immediately ?. following the civil ceremony, Defendant returned to her home in Philadelphia, Pennsylvania without me. 11. A three-day religious ceremony, known as a rukhsati and commencing on December 20, 2008, was to follow the civil ceremony. To Defendant and me, the rukhsati would signify our actual marriage. 12. After the civil marriage, but prior to the religious ceremony, Defendant's father contacted my family and, for the first time, made a demand for twenty thousand dollars. Defendant's father told me and my family that if we did not meet his demand for twenty thousand dollars he would not present Defendant for the rukhsati. 13. My family and I refused to meet Defendant's father's demand of payment of twenty thousand dollars. Defendant's father called off the rukhsati on Defendant's behalf. 14. I have neither seen nor spoken to Defendant since December 11, 2008, the day of our civil marriage ceremony. 15. In the eyes of myself, Defendant, our families, and our religion, we have not entered into the marital state because the rukhsati has not been performed. 16. I entered into the civil marriage in good faith and in reliance upon Defendant's father's assurance that he would not require payment for allowing his daughter to enter into the marriage. 17. Had I knovPprior to the civil ceremony that Defendant's father would demand payment of twenty thousand dollars in exchange for presenting his daughter at the rukhsati I would not have entered into the marriage. 0 0 AFFIDAVIT I, Saad S. Syed, verify that the statements made in the foregoing Statement 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 uthorities. L ". Z. S Syed Sw to and scri d before me, ZNotary Public, this 27th day o ay, 2009 NOTARIAL SEAL Susan J. Lamma, Notary Public Borough of Carlisle, Cumberland County My Commission Expires May 2, 2013 n:7 T J: +yr? ? PLAwrr" T ?rl`iilr -,-27- 17 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Saad Syed Plaintiff VS. No. 09-295 Homama Chandhary Civil 20 Defendant It appearing that the Master's report in the above stated case has been filed for ten (10) days, that no exceptions have been filed thereto, that the costs have been fully paid and that all the requirements of law and Rules of Court have been met, you are hereby directed to submit the said case to the Court of Common Pleas of Cumberland County, Pennsylvania, at the next sitting thereof. TO: Att rney for Plaintiff n DATED : / 1? ?4C>>^ i I, C 44r-t.-S 'P. Z-VAq , Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, do hereby certify that the costs in the above stated case, have all been paid, including the Master's fee. ar- Pro 0 RL..E?-OFFICE OF T PPTHNOTARY 2009 JUN I I PM 12. 42 CLUB-ii "I"DUNRY PB N'?S'r'LVANIA SAAD SYED, Plaintiff V. HOMAMA CHAUDHARY, Defendant IN THE COURT OF COMMON PLEAS' OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW :ANNULMENT : NO. 09-295 CIVIL TERM DECREE OF ANNULMENT AND NOW, this /L "day of2009, it is ordered and dec eed that the marriage between Saad Syed, Plaintiff, and Homama Chaudhary, Defendant, is declared void pursuant to 23 Pa.C.S. §3304(a)(3). The court retains jurisdiction of any claims raised by the parties to this a tion for which a final order has not yet been entered. Those claims are as follows: Non . By the Court,