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HomeMy WebLinkAbout04-1309TIMOTHY D. PUCHALSKI, Plaintiff VS. KELLY J. PUCHALSKI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .NO. : CIVIL ACTION-LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Court Administrator, Cumberland County Courthouse, Hanover Street, Carlisle, PA. 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 TIMOTHY D. PUCHALSKI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. KELLY J. PUCHALSKI, Defendant : CIVIL ACTION-LAW : IN DIVORCE COMPLAINT IN DIVORCE AND NOW COMES Plaintiff, Timothy D. Puchalski, by his attorneys, Purcell, Krug & Hailer, and avers as follows: DIVORCE PURSUANT TO SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Timothy D. Puchalski, an adult individual whose current address is 8 Hellam Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2, Defendant is Kelly J. Puchalski, an adult individual whose current address is 873 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 31, 1997, in Harrisburg, Pennsylvania. 5, There have been no prior actions in divorce or annulment between the parties. 6. The Plaintiff avers that there are two children of the parties under the age of 18: Tyler A. Puchalski, born February 28, 1994 and Bryce M, Puchalski, born June 7, 1997. 7. Neither of the parties in this action is presently a member of the Armed Forces. 6, The Plaintiff and Defendant are both citizens of the United States. 9. The Social Security Number of the Plaintiff is 205-48-1845 and the Social Security Number of the Defendant is 206-54-6483, 10. The marriage is irretrievably broken. 11. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling, Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 2 WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree in Divorce. Dated: PURCELL, KRUG & HALLER By 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. C Tinlo~[h~D.~uchalski TIMOTHY D. PUCHALSKI, Plaintiff VS. KELLY J. PUCHALSKI,~ Defendant : IN THE COURT OF C,OMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-1309 : CIVIL ACTION-LAW : IN DIVORCE AFFIDAVIT OF SERVICe: COMMONWEALTH OF PENNSYLVANIA ) SS; COUNTY OF DAUPHIN I, Carol Masich, secretary to, John W. Purcell, Jr., Attorney for the Plaintiff in the above action, hereby swear and affirm that on the 29t~ day of March, 2004, I sent, by certified mail, return receipt requested, deliver to addressee only, a certified copy of the Complaint in Divorce, containing Notice to Defend and Claim Rights to Kelly J. Puchaiski, the Defendant in the above action. The return receipt, duly sicjned by the Defendant is attached hereto and made a part hereof as Exhibit "A". Carol Masich ' Secretary to John W. Purcell, Jr. Sworn and subsc.~ed to befor. L~me thi~;_~_~day of ~ ~-2004' Notary Public ~ ! Bonita E. Prussa¢~ Notary Pub{ic J City of Harrisburg, Dauphin Court [_My Commission Expires ~ept. 26, 2~Y05 Member, Pennsylvania Association of Notaries · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Artich PS Fora [] Return Receipt for Merchandise [] Insured Mail f-f C.O.D. ' 4. Restricted Deliverv? (Extra Feet '~Yes ~2595-02-M-0835 Exhibit"A" SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this C~ day of ~'. ,2004, by and between Timothy D. Puchaiski, hereinafter referred to as "Husband", and Kelly J. Puchalski, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on March 31, 1997; and WHEREAS, there are two children of this marriage, Tyler A. Puchaiski, born February 28, 1994 and Bryce M. Puchalski, born June 7, 1997; and WHEREAS, certain differences have arisen between the parties as a result of which they separated on January 24, 2004 and now hve separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will distribute their marital property in a manner which is considered to be an equitable division of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, John W. Purcell, Jr. and Wife choosing not to retain an attorney, have come to the agreement, which follows: NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenant, promise and agree as follows: Separation and Property Settlement Ailreement Pa~e 2 1. Separation. It shall be lawful for each party at all times hereafter to hve separate and apart from the other party at such place that he or :~he may from time to time choose or deem fit. The foregoing provision shall not be taken as an. admission on the part of either party of the lawfulness of the causes leading to their living apart. 2. Interference. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit witch the other, nor in any way harass or malign the other, nor in any way interfere with l:he peaceful existence, separate and apart from the other. 3. Wife's Debts. Wife represents and warrants 1;o Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from andy and all claims or demands made against hinl by reason of debts or obligations incurred by her. 4. Husband's Debts. Husband represents and warrants to Wife that since the separation he has not and in the future he will not cont,:act or incur any debt or liability for which Wife or her estate might be responsible and shal~[ indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. Outstanding Joint Debts. The parties acknowledge and agree that they have no outstanding debts and obligations incurred prior to the signing of this Agreement, except as follows: The following debts shall be the sole responsibility and obligation of Husband A. NC Fed Cu loan for 2000 Plymouth Grand Voyager B. Mortgage C. Beneficial Finance Personal Loan D. Visa through NCFCU E. Chase Visa F. Sears Separation and Property Settlement AgrA~m~n~ The following debts shall be the sole responsibility and obligation of Wife A. School Loans B. GMAC loan for 2004 Saturn Ion In the event that either party contracted or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof, regardless of the name in which the account may have been charged, and such party shall indemnify, defend and hold the other party harmless frorn any clai[n,~ or demand made against that party by reason of such debt. 6. Equitable Distribution of Marital Property. The parties have attempted to distribute their marital property in a mariner which conforms to the criteria set forth in §3501 et. seq. of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is the second marriage for Husband and first for Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division cf same being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. Distribution of Personal Property. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property Separation and Property Settlement Agreement Pa~e 4 between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession,.and this Agreement shall have the effect of au assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property, of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the patay at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, pohcy or certificate of insurance or other sirrfilar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits, except as stated herein. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate prolperty and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whe'~her real or personal, whether such property was acquired before, during or after marriage, a~d neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. Distribution of Real Estate. Wife shall transfer to Husband concurrent with the execution of this Agreement, all of her interest in and title to their jointly owned real estate at 8 Hellam Drive, Mechanicsburg, Separation and Property Settlement A~re.m.~ Pa~e ~, Pennsylvania in exchange for which he agrees to be solely responsible for the mortgage obligation as well as for the payment of all current and future taxes, insurance and utility bills relative to said real estate. Husband covenants and agrees to pay and discharge said obligations on said premises, and agrees to indemnify Wife from any loss by reason of h/s default in the payment thereof, and agrees to save Wife hmrnless from any future liability with regard thereto, including the cost of defense and actual cou:~sel fees incurred to defend against an action brought against her by virtue of his default. C. Cash Distribution. In consideration for the transfer of the above referenced real estate, Husband shall pay to Wife the sum of $2,000.00 at the time of transfer. In addition, if Husband should ever sell the real estate, he will pay Wife an additional sum of $3,000.00. 7. Vehicles. Notwithstanding Paragraph 6 of thi.~: Agreement, Husband shall retain possession and ownership of the 2000 Plymouth Grand Voyager presently in his possession. Wife hereby transfers all of her right, title and interest in said vehicle to Husband. In consideration thereof, Husband shall assume full responsibility for payment and eventual satisfaction of any and all liens presently encumbering the vehicle, and to indemnify, defend and hold Wife harmless for the same. Wife hereby agrees re) sign any title or other documents necessary to transfer ownership of said vehicle at any time, upon demand, and further shall indemnify Husband for any costs, including actual counsel fees, incurred by Husband to enforce this provision. Not~vithstanding Paragraph 6 of this Agreement, Wife shall retain possession and ownership of the 2004 Saturn Ion presently in her possession. Husband hereby transfers all of his right, title and interest in said vehicle to Wife. In consideration thereof, Wife shall assume full responsibility for payment and eventual satisfaction of any and all liens presently encumbering the vehicle, and to indemnify, defend and hold Husband harmless for the same. Husband hereby agrees to sign any title or other documents necessary to transfer ownership of said vehicle at any time, upon demand, and further sh~dl indemnify Wife for any costs, includ/ng actual counsel fees, incurred by Wife to enforce t~ds provision. 8. Alimony. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and Separation and Propert~ Settlement A~lreement Pa~l'e ~ satisfactory to them, and are accepted by them in lieu o1! and in full and final settlement and satisfaction of any clairns or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support or alimony. Each party shall indemnify, defend and hold the other harmless against any future action for either support or alimony brought by or on behalf of the other, such indemnity to include the actual counsel fees of the defendant in any such future action. 9. Custody. Custody of the parties' minor children Hus. band and Wife shall have shared legal custody with Wife having primary physical custody, subject to Husband having temporary custody for purposes of visitation. Notwithstanding the above, Husband's visitation with his children shall be liberal and reasonable, including summer visitation for purposes of vacation with reasonable notice. The children shall remain inthe Mechanicsburg Area School District unless mutually agreed to by the parties. 10. Support. Husband shall pay to Wife for the maintenance, education and support of their minor children the sum of $100.00 per week. The parties understand that the support payment is based upon the circumstances now known to the parties, and they acknowledge that, as those circumstances change, one party's ability to pay and the other party's need for payment may also change. Consequently, this Agreement shall not bar either party from adjusting the term or amount of support due hereunder, either by negotiation with the other party, or, if necessary, by resort to a court of proper jurisdiction. In the event an order of support is entered by a coum of appropriate jurisdiction, which makes adequate provision for the support of the person or persons covered by this paragraph, this Agreement shall not have any continuing independent effect, but shall be deemed to have merged into~ and been replaced entirely by, the obligation to pay support pursu~mt to said court order. 11. Medical Insurance. In addition to the support payments provided for herein, Husband shall provide, at his sole expense, medical, dental and hospitalization insurance, or its reasonable equivalent (such as will pay benefits equivalent to those currently provided by the medical and hospital insurance now provided by Husb andes employer as of the date of this agreement), for the said children as long as he is required to make support payments hereunder or by any order of court. Separation and Property Settlement Agreem~n* Page '/ 12. Alimony Pendente Lite, Counsel Fees and Expenses. Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the par~ies is fair, adequate and satisfactory to them. Both parties shall accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or herea_Cter have against the other for alimony pendente lite, counsel fees or expenses, or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. Each pa~., y shall be responsible for his or her own counsel fees, and each agrees to indemnify, defend and save the other harmless from any action commenced against the other for alimony pendente lite, counsel fees and/or expenses. 13. Divorce. A Complaint in Divorce has bee~ filed to No. in the Court of Common Pleas of Cumberland County, Permsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an Affidavit evidencing their consent to the divorce, pursuant to §3301(c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harnfless from any and all additional expenses, including actual counsel fees resulting from any action brought to compel the refusing party to consent. E ach party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a Consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 14. Time of Distribution. The assets and interests to be transferred under and pursuant to this Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement. All spousal suppor~ and other such obligations, including alimony, shall immediately terminate. The parties shall cooperate by executing whatever documents are necessary to effectuate a divorce under §3301(c) or §3301(d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable by an assumpsit action for specific performance. However, upon refusal to consent, all distributed property shall be returned to the ParW originally in possession, until the time of final Decree. Separation and Property, Settlement A~Teement Page il 15. Release. Subiect to the provisions of this ,~kgreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, indemnify (including actual legal fees) and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente lite, and expenses which either of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except any ..and all causes of action for divorce and all causes of action for breach of any provision.,~ of this Agreement. E ach party also waives his or her right to request marital counseling, pur~suant to §3302 of the Divorce Code. 16. Waivers of Claims Against Estates. Except as herein otherwise provided, each party may dispose of his or her property in any way, sad each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's asta'~e, and any right existing now or in the future under the Pennsylvania Divorce Code, as amended from time to time, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 17. Rights on Execution. Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as ff they were never married. 18. Breach. In the event of breach of any of the terms of this Agreement, the nonbreaching party shall be paid, as part of any award o~: judgment against the breaching party, all costs, including actual counsel fees paid to his or her attorney. 19. Incorporation in Final Divorce. The te~ns of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. This Agreement shall survive in its entirety resolving the spousal support, alimony, property and Separation and Property Settlement Agreement Pa__a_a_a_a_a_a_a_~ other interests and fights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terrn.,~ shall take precedence over same, remaln/ng the Pfimary obligation of each party. This Agreement shall remain in fuli force and effect regardless of any change in the marital status of the parties, It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 20. Additional Instruments. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 21. Separability. In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 22. Entire Agreement. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants and undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribu, tion and division of marital and separate property are fair, equitable and satisfactory to them, based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property/n lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any Court of competent jurisdiction pursuant to Section 3502 of the Divorce code or any other laws. Husband and wife each voluntarily and intelligently waive and relinquish any fight to seek a Court ordered determination and distribution of marital property, but Separation and Prope~y Settlement Agre.m.,~t Page nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 23. Modification and Waiver. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing a~d executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of ~my subsequent default of the same or similar nature. 24. Intent. It is the intent of the parties by this Agre~ement to fully and finally foreclose any resort to the Courts for relief on the basis of any statute or case law presently existing or which may exist at some time in the future within the Commonwealth of Pennsylvania, including but not limited to equitable distribution, alimony and other relief under the Pennsylvania Divorce Code, as amended. This Agreement has been drafted and accepted on the basis that such resort would constitute a breach under this Agreement, entitling the nonbreaching party to reimbursement for actual counsel fees. Other than as provided by the terms of this instrument, it is intended that the Court shall treat the parties as if they had never entered into a marital relationship. This Agreement shall be interpreted and governed by the laws of the Commonwealth of Pennsylvania and, where such law is inconsistent, the terms of this instrument shall govem. 25. Voluntary Execution, The provisions of this Agreement and their legal effect have been fully explained to the paroles by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the as sets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 26. Descriptive Headings. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in detennining the rights or obligations of the parties. Separation and Property Settlement Agreement Pa~e ~ 1 27. Agreement Binding on Heirs. This Agreement shall be binding and shall inure to the benefit of the par~ies hereto, and their respective heirs, executors, administrators, successors and assigns. 28. Reconciliation. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. TIMOTHY D. PUCHALSKI, Plaintiff VS. KELLY J. PUCHALSKI, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 04-1309 · CiVil ACTION-LAW 'IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the divorce Code was filed on March 26, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and ser~,ice of the Complaint. 3. I consent to the entry of a final decree cf divorce after service of notice of intention to request entry of the decree. T~ri'~thy D Puchalski '-- '- - WAIVER OF NOTICE OF INTENTION 'to REQUEST ENTRY OF A DIVORCE DECREE', UNDER §3301(c) OF THE DIVORCE CODE 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 Prothonotary. I verify that the statements made in this Affidavit and Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ~ ~ o TIMOTHY D. PUCHALSKI, Plaintiff VS. KELLY J. PUCHALSKI, Defendant · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 04-1309 · CIVIL ACTION-LAW · IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3;301(c) of the divorce Code was filed on March 26, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint· 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree· WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 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 rne immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit and Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: TIMOTHY D. PUCHALSKI, VS. KELLY J. PUCHALSKI, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1309 : CIVIL ACTIOi'¢-LAW : IN DIVORCE PRAEcIPE TO TRANSMIT RECORD THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under Section (x) 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: April 1, 2004 by certified mail 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: July 6, 2004 by Defendant: July 6, 2004 (b) (1) Date of execution of the Plaintiffs Affidavit requi[red by Section 330 l(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: No economic claims have been raised. 5. (a) Date and manner of service of the Notice of Intention to file Praecipe to transmit record, a copy of which is attached: (b) Date of Plaintiff's Waiver of Notice in 3301(c) Divorc,e was filed with Prothonotary: Filed contemporaneously herewith Date of Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: Filed contemporaneously her~ti~ ~ ............ ~ ........ ~) JO~ W~-P~CELL, JR. E-SQ. IN THE COURT OF COMMON OFCUMBERLANDCOUNTY STATE OF PENNA. TIMOTHY D. PUCHALSKI Plaintiff VERSUS ¥~TLY 3_ PUC~LSKI Defendant No. 04-1309 PLEAS CIVI~ DECREE IN AND NOW, DECREED THAT DIVORCE Timothy D. Puchalski l : . 2004 , IT IS ORDERED AND , PLAINTIFF, AND Kelly J. Puchalski __, DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE SEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the Separation and Property Settlement Agreement between the parties dated April 6, 2004 is hereby incorporated as if set forth at length but shall not merge in the final Div~ between the parties. Any existing spousal support order/f~all hereinafter be deemed an order for alimony pendente lite if any ecoq~mic claims re~ain endin . :~. ~ ;~ BYlTh~ ~hpt. / P g .~i~l~ - - - ATTEST: · _ j.