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HomeMy WebLinkAbout03-5344MELISSA MERCER, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 03 - WILLIAM MERCER, : CWIL ACTION - AT LAW Defendant : DWORCE/CUSTODY NOTICE TO DEFEND AND CI,AIM RIGHTfl 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 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MELISSA MERCER, Plaintiff VS. WILLIAM MERCER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION - AT LAW : DIVORCE/CUSTODY COMPI,AINT IN DIVORCE UNDER SECTIONS 3301 (e) ar 3301 (d) OF THE. DIVORCE CODE The Pla'mtiff, iMelissa Mercer, by and through her attorney, Jeannd B. Costopoulos, Esquire, avers the following: 1. The Plaintiff, Melissa Mercer, is an adult individual who currently resides at 8 Richland Lane, Apt. 108, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant, William Mercer, is an adult individual who currently resides at 2271 Hampton (keen Boulevard, Apt. 105, Melbourne, Florida, 32935. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on September 4, 1997 in Paterson, Passaic County, New Jersey. Count I - Divorce 5. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Neither Plaintiffnor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. The Plaintiff has been advised that counseling is available and that the Plaintiffmay have the rigJat to request that the court require the parties to participate in counseling. 10. There are two (2) dependant children from this marriage, namely Elijah P. Mercer, bom July 20, 2001, and Joshua A. Mercer, born April 9, 2003. 11. This action is not collusive. WHEREFORE, Plaintiff requests the court to enter a Decree dissolving the marriage between Plaintiff and Defendant. Cmmt II - Cu~qfody 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. Elijah P. Mercer 13. The Plaintiff seeks primary of the following children: Present Residence Ages 8 Richland Ln, Apt. 108 2 years Camp Hill, PA 17011 DOB 7/20/01 Joshua A. Mercer 8 Richland Ln, Apt. 108 6 months Camp Hill, PA 17011 DOB 4/9/03 The children are presently in the custody of their mother, Plaintiff Melissa Mercer, currently residing at 8 Richland latne, Apt. 108, Camp Hill, Cumberland County, Pennsylvania 17011. For the past six months, the children have resided with the following person and at the following address: Name Address Dates Plaintiff 8 Richland Ln, Apt. 108 5/1/03 to Camp Hill, PA 17011 present The natural mother of the children is Melissa Mercer, Plaintiff, currently residing at 8 Richland Lane, Apt. 108, Camp Hill, Cumberland County, Pennsylvania, 17011. The natural father of the children is William Mercer, Defendant, currently residing at 2271 Hampton Green Boulevard, Apt. 105, Melbourne, Florida, 32935. 14. The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff currently resides with the following persons: the subject children. 15. The relationship of the Defendant to the child is that of natural father. To Plaintiffs knowledge, Defendant resides with his girlfriend and his girlfriend's daughter. 16. Plaintiff has not participated as a party or wimess, or in another capacity, in other litigation concerning the custody of the children in this or another court. 17. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the children or claims to have physical custody or visitation rights with respect to the children. 18. The best interests and permanent welfare of the children will be served by granting the relief requested because: (a) (b) (c) Plaintiffis the natural mother of the children. Plaintiffhas established a relationship with the children. Plaintiff desires to continue exercising parental duties and enjoys the love and affection of the children. (d) The children should be permitted to enjoy the love, affection, and emotional support which can be provided by their natural mother. (e) The Plainfiffhas been the primary caretaker of the children since birth. 19. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to flfs action. No other persons are known to have or claim a right to custody or visitation of the children to be given notice of the pendency of this action and the right to intervene. WHEREFORE, the Plaintiff respectfully requests this Honorable court to grant her primary physical custody of her children, subject to periods of partiai custody with Defendant. Count III -Alimony, Alimony Pendente l,ite 20. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 21. Plaintiff lacks the sufficient property and resources to provide for her reasonable means. 22. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage and to cover attorneys fees pending the instant divorce litigation. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendante lite and alimony until final hearing and thereafter. RESPECTFULLY SUBMITTED: Je e~B.~ostopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 PA Supreme Court ID No. 68735 /~/(]3 Telephone: (717)790-9546 Dated: ( ¢ Fax: (717) 790-6019 ATTORNEY FOR PLAINTIFF MELISSA MERCER, Plaintiff VS. WILLIAM MERCER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. : : CIVIL ACTION - AT LAW : DIVORCE/CUSTODY VERIFICATION I, Melissa Mercer, hereby 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 unswom falsification to authorities. Date: Signature: Melissa Mercer MELISSA MERCER PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5344 CIVIL ACTION LAW WILL~M MERCER : ~CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, October 16, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the concil at 39 West Main Street, Mechanicsbur$, PA 17055 on Wednesday, November 12, 2003 at 1:00 for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a tempor~ 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 ali existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, ator, 'M or By: /s/ Dawn S. Sunday. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the America 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 arrangement must be made at least 72 hours prior to any hearing or business before the court. You must attend the schedu 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 TIlE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MELISSA MERCER, Plaintiff VS. WILLIAM MERCER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-5344 CIVIL ACTION - AT LAW DIVORCE Pl ,AINTI I~'lq'~ PF. TITION FOR CONFF,,Ri~.NCF, OR I-IF, ARING RF~GARFIING A1 .IMONY AND NOW, comes the Defendant, Melissa Mercer, by and through her attorney, Jeann6 B. Costopoulos, Esquire, and respectfully represents as follows in support of this Petition: 1. The Petitioner is the Plaintiff above-named. 2. The Respondent is the Defendant above-named. 3. Plaintiff filed a Complaint in Div°rce °n Oct°ber 8' 2003' which c°ntains a request f°r alimony pendente lite. 4. Plaintiff desires that a c°nference °r hearing be held t° address her alim°ny pendente lite claim. WHEREFORE, Plaintiff respectfully requests that a conference or hearing be scheduled regarding her request for alimony pendente lite. RESPECTFULLY SUBMITTED: je~S, Esqair~ ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 /"//~3/d) Phone: (717) 790-9546 Dated: Supreme Ct. ID No. 68735 MELISSA MERCER, Plaintiff VS. WILLIAM MERCER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-5344 : : CIVIL ACTION - AT LAW : DIVORCE CERTIFICATE OF ~ERVICE I, Jeann~ B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: William Mercer 2271 Hampton Green Blvd., Apt 105 Melbourne, FL 32935 BY: Jeann6 B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 MELISSA MERCER, Plaintiff VS. WILLIAM MERCER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5344 CiVIL ACTION LAW IN CUSTODY .ORDER OF COURT AND NOW, this ! ~'~ day of A/, ~&.../,~.r ------ , 2003, upon consideration of the attache~ustody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Melissa Mercer, shall have legal custody of'Elijah p. Mercer, bom July 20, 2001, and Joshua A. Mercer, bom April 9, 2003. The parties agree that although the Mother shall be responsible to make all major decisions affecting the Children, the Mother shall promptly notify the Father of any major decisions which have been made for the Chikh.en. including all major medical, religious and educational decisions. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the and medical records and information. Children including, but not limited to, school 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children for a full week over the Thanksgiving holiday in 2003. The Father shall be responsible to pay all transportation costs for the Children and the adult accompanying the Children for transfers of custody, including the Mother if the Mother travels to Florida. The Father's oeriod nr~,, ..... ..... ~tuay unaer this provision shall take place at his residence in Florida, either with the Father traveling between Florida and Pennsylvania for exchanges of custody or the Mother accompanying the Children to and fi.om Florida as arranged by agreement between the parties. 4. In the event the Father plans to personally transport the Children between Pennsylvania and Florida for the November period of custody, the Father shall provide documentation to the Mother advance of the period of custody confirming he has purchased roundtrip tickets for both the Father in the Children. In addition, the Father shall have an extended period of custody with the Children in and Pennsylvania for a day to re-establish contact prior to transporting them to Florida for the period of custody. 5. In the event that the parties agree that the Mother will[ be accompanying the Children rboeut~n~tet~_n~.syl~a,nia~ ~d Florida for the November period of custody, the Father shall - o · "u~pa~rnnenc~c~ts~rtheM~the~andtheChildrent~theM~the~atIeastthr~efu~yvsi.dmethe advance. 6. The Father shall be present with the Children during any visits with the Father's relatives during his period of custody in Florida. 7. Pending the Mother's anticipated relocation to Florida, the Father shall have additional periods of custody with the Children as arranged by agreement between the part/es. Unless otherwise agreed between the parties, the Father shall be responsible for ali transportation costs for exchanges of custody. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The part/es may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: e'~anne B. Costopoulos, Esquire - Counsel for Mother ~¢'illiam Mercer - Father MELISSA MERCER, Plaintiff VS. WILLIAM MERCER Defendant IN THE CO'URT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5344 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME Elijah P. Mercer Joshua ("Anthony") Mercer DATE OF BIRTH CURRENTLY IN CUSTODY OF July 20, 2001 Mother April 9, 2003 Mother 2. A Conciliation Conference was held on November 12, 2003 with the following individuals in attendance: The Mother, Melissa Mercer, attended the conference in person, and the Father, William Mercer, who resides in Florida, participated by telephone. The Mother's counsel, Jeanne B. Costopoulos, Esquire was not present at the conference. The Father is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Custody Conciliator MELISSA MERCER, Plaintiff/Petitioner VS. WILLIAM MERCER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2003-5344 CIVIL TERM IN DIVORCE Pacses# 599105975 ORDER OF COURT AND NOW, this 24th day of November, 2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadda¥ on December 17t 2003 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 1~7013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-Ts as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expanses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George £. Hoffer President Judge Mail copies on Petitioner 11-24-03 to: < Respondent Date of Order: November 24, 2003 ~?d "R. J. day( Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR C, ANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 MELISSA MERCER, Plaintiff VS. WILLIAM MERCER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-5344 CIVIL ACTION - AT LAW DIVORCE PLAINTII~i*'~ PETITION EOI~ CONEERENCE OR HEAI~ING REGAI~I~IN~ AI,IMONy PENI)ENTE 1 JTE AND NOW, comes the Defendant, Melissa Mercer, by and through her attorney, Jeann6 B. Costopoulos, Esquire, and respectfully represents as follows in support of this Petition: 1. The Petitioner is the Plaintiffabove-named. 2. The Respondent is the Defendant above-named. 3. Plaintifffiled a Complaint in Divorce on October 8, 2003, which contains a request for alimony pendente lite. 4. Plaintiffdesires that a conference or hearing be held to address her alimony pendente lite claim. WHEREFORE, Plaintiff respectfully requests that a conference or hearing be scheduled regarding her request for alimony pendente lite. Dated: RESPECTFULLY SUBMITTED: Jeann6 B Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 MELISSA MERCER, Plaimiff VS. WILLIAM MERCER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-5344 : : CIVIL ACTION - AT LAW : DIVORCE CERTIFICATE OF SERVICE I, Jeann~ B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: William Mercer 2271 Hampton Green Blvd., Apt 105 Melbourne, FL 32935 BY: Jeann~ B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. 1D No. 68735 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MELISSA A. MERCER VS. WILLIAM MERCER Plaintiff Defendant ) Docket Nmnber ) ) PACSES Case Number ) ) Other State ID Number 03-5344 CIVIL 599105975 ORDER ANDNOW, to wit on this 17TH DAY OF DECEMBER, 2003 IT IS ltEREBY ORDERED that the © Complaint for Support or C) Petition to Modify or (~) Other ALIMONY PENDENTE LITE filed on NOVEMBER 13, 2003 in the above captioned matter is dismissed without prejudice due to: THE DEFENDANT RESIDING IN THE STATE OF FLORIDA AND THE FLORIDA STATUTES WILL NOT ADDRESS SPOUSAL SUPPORT, SUPPORT FOR FORMER SPC,USES, OR DIVORCE MATTERS THAT ARE pENDING IN ANOTHER JURISDICTION. C) The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff defendant Jeanne Costopoulos, Esquire Kevin A. Hess ~3DGE Form OE-506 Service Type M Worker ID 21005 MELISSA MERCER, Plaintiff VS. WILLIAM MERCER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-5344 CWIL ACTION - AT LAW DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE llNI~ER ~ECTION ~Ol (e) OF TI-IE I~IVORCE CC}I~F, 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 of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotm% 4. 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 unswom falsification to authorities. Dated: Signature: Melissa Mercer MELISSA MERCER, Plaintiff VS. WILLIAM MERCER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-5344 : : CIVIL ACTION - AT LAW : DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(e) OF THE DIVORCE CODE AND WAIVER t3F CtqlIN~EI,ING 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October 8, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the ent~ ora final decree of divorce after service of notice of intention to request entry of the decree. 4. 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 unswom falsification to authorities. Date: Il~'/~/'{ Signature: ~ f~ct~ Melissa Mercer MELISSA MERCER, Plaintiff VS. WILLIAM MERCER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-5344 : : CWIL ACTION - AT LAW : DWORCE AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I, Jeann6 B. Costopoulos, Esquire, verify that the Complaint in Divorce was served upon the Defendant indicated above on October 23, 2003, by first class, Certified Mail No. 7000 1530 0001 6001 7766, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements of Pa.R.C.P. § 1930.4. By: J~B.~ B. Costopouios, Esquire - Attorney for Plaintiff 5000 Ritter Road, Suite 202, Box 779 Mechanicsburg, PA 17055 Phone: (717) 790-9546 PA S.Ct. ID No. 68735 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. or on the front if space permits. /~ ~ { 05' ~. Serv~ceTy~ Express Mail Return Receipt for Merchandise C.O.D. MELISSA MERCER, Plaintiff VS. WILLIAM MERCER, Defendant : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-5344 : : CIVIL ACTION - AT LAW : DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF TH~ DIVORCE CODE ANT} WAIVER OF CO[~I,~I~,L1NG 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 8, 2003. 2. The marriage of the Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry ora final decree o£divorce after service of notice o£intention to request entry of the decree. 4. I veri& 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 unswom faisification to authorities. Date:,): William Mercer MELISSA MERCER, Plaintiff VS. WILLIAM MERCER, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-5344 CIVIL ACTION - AT LAW DWORCE Dated: DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION ?,~fli (e) OF TItle, DIVORCE CODE l. I consent to the entry of a final decree of divorce 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 Prothonotary. 4. 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 unswom falsification to authorities. 6~'e/' 0~( Signature: William Mercer MELISSA MERCER, OF{PRIVATE } Plaintiff VS. WILLIAM MERCER, Defendant THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-5344 CWIL ACTION - AT LAW DWORCE PR AECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Service by certified mail no. 7000 1530 0001 6001 7766 on 10/23/2003. See attached Affidavit of Service. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by the Plaintiff.' 1/28/2004; by the Defendant: 2/9/2004. 4. Relal~l claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301(c) divorce was filed with the prothonotary: 2/4/2004. Date Defendant's Waiver of Notice in §3301(c) divorce was filed with the prothonotary: filed simultaneously with this Praecipe to Transmit Record. Respectfully Submitted: Jeann 'e~. Costopouios, Esq~re~''~'''~ .... Attorney for Plaintiff 5000 Ritter Road, Suite 202, Box 779 Mechanicsburg, PA 17055 Phone: (717) 790-9546 PA S.Ct. ID No. 68735 Dated: IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF .~. PENNA. MELISSA MERCER, Plaintiff NO. 03-5344 Civil Term VERSUS WILLIAM MERCER, Defendant DECREE IN DIVORCE AND NOW, ~'/~z~'~; -?'~ , ~d~ ~/ , ~t IS ORDERED AND DECREED THAT MELISSA MERCER , PLAINTIFF, AND WILLIAM MERCER ,DEFENDANT; ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THiS ACT]ON FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NO~Ie. 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