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HomeMy WebLinkAbout08-6290e 40 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ANDREA M. MESAROS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0 9 JOHN M. MESAROS, III, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ANDREA M. MESAROS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0, G .zoo JOHN M. MESAROS, III, : CIVIL ACTION -LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Andrea M. Mesaros, an adult individual residing at 2171 Merrimac Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is John M. Mesaros, III, an adult individual residing at 300 West Main Street, Apt. D, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on August 31, 1996 in Wilkes Barre, Pennsylvania. 5. There are two (2) children born of this marriage being Johnny M. Mesaros, IV (Born: November 5, 2000) and Sydney M. Mesaros (Born: June 25, 2002). 6. The parties separated on May 17, 2008. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor 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. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9 of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, Andrea M. Mesaros, prays this Honorable Court to enter judgment: 2 A. Awarding Plaintiff a decree in divorce; and B. Awarding other relief as the Court deems just and Dated: October 22, 2008 drbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 3 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ANDREA M. MESAROS, : IN THE COURT OF COMMON PLEAS Plaintiff V. JOHN M. MESAROS, III, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 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. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: ld - /5 , 2008 JAII. 40 #1 90? REA A MESAROS Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ANDREA M. MESAROS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN M. MESAROS, III, Defendant : NO. CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, Andrea M. Mesaros, hereby certify that the facts set forth in the foregoing Pleading are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: /0 -15- , 2008 a M ?? cil-"09:3 REA M. MESAROS C tx? Q m ? ? y ?"-3 o am` (= l7 c-n Barbara Sumple-Sullivan, Esquire. Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ANDREA M. MESAROS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN M. MESAROS, III, Defendant : NO. 08 - 6290 CIVIL ACTION -LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Jennifer L. Spears, Esquire, hereby accepts service and acknowledge receipt of the above- captioned Complaint in Divorce on behalf of my client, John M. Mesaros, III, having received said Complaint on the 2Z'Orday of 2008. I hereby indicate I am authorized by my client to accept service on his behalf. r ya?A J . Spears, Esquire Attorn for Defendant Martson Law Offices 10 East High Street Carlisle, PA 17013 Telephone: (717) 243-3341 Supreme Court I.D.: ? .tea ? L?] ewF ?'1 ? ..............{iii ? ??.w ; !,. ?. . ? ?t'1" Jf ? ?..,.. ? i..rd FMLESI eW13199 MaaroA13199.1.mw Jennifer L. Spears, Esquire I.D. 87445 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant 1TNER N0TAR't 2011 AU"13 29 V411: L3 "UJMSERLAND COUN'T`, PENNSYLVANIA ANDREA M. MESAROS, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN M. MESAROS, Ill, Defendant : NO. 08 - 6290 CIVIL ACTION -LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this day of August, 2011, by and between JOHN M. MESAROS, III, of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Husband") and ANDREA M. MESAROS, of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were married on August 31, 1996, in Pennsylvania; WHEREAS, the parties are the natural parents of two minor children: John M. Mesaros, IV (DOB: November 5, 2000) and Sydney M. Mesaros (DOB: June 25, 2002); 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, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to cant' out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania on October 23, 2008, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. 2 Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or flusher modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent j urisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this 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. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the 3 property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Jennifer L. Spears, Esquire, counsel for Husband and Barbara Sumple-Sullivan, Esquire, counsel for Wife. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is 4 familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. CUSTODY: Both parties shall enjoy shared legal and physical custody of the children, with Wife having primary physical custody and Husband having partial custody as the parties have been practicing. 5 12. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Husband shall remove his remaining personal property at Wife's residence within thirty (30) days of the execution of this Agreement. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 13. DIVISION OF REAL PROPERTY: At the time of the separation, there was an outstanding mortgage which was refinanced solely by Wife. Husband has already executed a deed (dated September 2010) conveying all of his interest in, right and title to the parties' marital residence at 2171 Merrimac Avenue, Mechanicsburg, Pennsylvania to Wife in consideration for equitable distribution made in this Agreement. From the date of the deed, Wife has been and will remain the sole owner ofthe property. Wife shall remain solely responsible for any and all mortgage payments, taxes, utilities, insurance premiums, or other liabilities relating to said property. 14. BANK ACCOUNTS. CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction at the time of separation. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 15. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to their respective vehicles. 6 16. AFTER-ACOUIRED 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, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, 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. 17. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2011. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 18. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 19. WAIVER OF ALIMONY: Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or 7 hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs, except for alimony pendente lite or spousal support payable by Husband to Wife prior to the date of execution of this Agreement. 20. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: Husband will retain his Express Scripts 401(k) and Fulton Financial IRA, in and to which Wife will waive any and all right. Wife will retain her IRA in and to which Husband will waive any and all right, except that Wife shall transfer to Husband the sum of $10,000.00 from her Fulton Financial IRA via roll over pursuant to a Qualified Domestic Relations Order. 21. INVESTMENT PROPERTIES: Husband owns investment properties with other owners as part of Kyzer-Mesaros, LLC; Pharma Enterprises, LLC; Hollywood Property Management, LLC and Hollywood Restaurant Group, LLC (Garrason's Tavern). Wife waives any and all rights in those properties and Husband agrees to indemnify and hold Wife harmless on the liabilities associated with the properties. 22. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. 23. HEALTH INSURANCE: Each party is responsible for their own health insurance and uninsured medical expenses. 24. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 25. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be 8 responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 26. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and 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, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, 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 such interests, rights and claims. 27. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 29. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 30. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 9 31. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 32. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 33. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 34. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 35. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. vI (SEAL) JOHN M. M AROS, III EAL) ANDREA M. SAROS 10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS On this, day o 2011, before me a Notary Public, personally appeared John M. Mesaros, III, known me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. -11 IN WITNESS WHEREOF, I hereunto set my hand COMMONWEALTH OF PENNSYLVANIA Not MSI beat _ Barbara Sumple-Sullivan, Cumberland Public County New i ??mjres Nov. 15, 2011 MEMBER, PENNSYLVANIA A-ROC7ATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS On this, thday of ?be 11, before me, a Notary Public, personally appeared Andrea M. Mesaros, known t me to the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto COMMONWEALTH OF PENNSYLVANIA Notarial Seal Barbara Sumple-Sullivan, Notary Public New Cumberland Born, Cumberland County MY Commission Expires Nov. 15, 2011 MEMBER, P e- NSYLVANIA ASSOCIATION of NOTARIES 11 Notary Public Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 +-f-'E P Ci NON07AF,'- MI AUG 29 AM1I:02 ANDREA M. MESAROS, Plaintiff V. JOHN M. MESAROS, III, Defendant N:rFI4VWWRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 6290 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 23, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: AN REAM. MES ROS Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ANDREA M. MESAROS, Plaintiff v. JOHN M. MESAROS, III, Defendant PPOTHONGTAR 2JI I AU3, 29 AM II: 02 PEMCUM A'N NO. 08 - 6290 T OF COMMON PLEAS D COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 23, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: 0/7, I(- JOHN N .- SAROS Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 q.. _CFt=ICl ' ? , °CTNONOTAf,,i 1111 AUG 29 AH 11:02 vU p8uRLAN 0 COUNTY ANDREA M. MESAROS, Plaintiff V. JOHN M. MESAROS, III, Defendant : IN THE CO OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - 6290 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 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 are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unswom falsification to authorities. DATE: ANDREA M. ME AROS hE Pi? ?10NO TO,,, Barbara Sumple-Sullivan, Esquire 201 r 29 Supreme Court 432317 AU G : U 549 Bridge Street UMBERLANO COUNTY New Cumberland, PA 17070 PENNSYLVANIA (717) 774-1445 ANDREA M. MESAROS, IN THE COURT OF COMMON PLEAS Plaintiff V. JOHN M. MESAROS, III, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - 6290 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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. 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 are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unswom falsification to authorities. DATE: Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ANDREA M. MESAROS, Plaintiff U -HONOTAR 20111 AUG 29 AM 11: 613 t1MQC01 A 4en V. JOHN M. MESAROS, III, Defendant : NO. 08 - 6290 OP COMMON PLEAS COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service executed by Attorney for Defendant on October 27, 2008, and filed October 31, 2008. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: August 25, 2011; by Defendant: August 25, 2011. 4. Related claims pending: None. All matters have been resolved by the parties' Marital Settlement Agreement dated August 25, 2011, which is incorporated with the Decree, but shall not be merged therewith. 5. Date Plaintiffs Waiver of Notice in §3301(c) Di August 29, 2011. Date Defendant's Waiver of Notice Prothonotary: August 29, 2011. 7, Dated: August 26, 2011 was filed with Prothonotary: 1(c) Divorce was filed with Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Defendant 10 Barbara Sumple-Sullivan, Esquire Supreme Court 932317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 ANDREA M. MESAROS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08 - 6290 JOHN M. MESAROS, III, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Jennifer L. Spears, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013/ DATED: August 26, 2011 ?- Barbara'8finfple-Sullivan-,Es gi 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff ANDREA M. MESAROS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN M. MESAROS, III NO. 08 - 6290 DIVORCE DECREE AND NOW, «r ? 30 it is ordered and decreed that ANDREA M. MESAROS plaintiff, and JOHN M. MESAROS, III , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. All matters have been resolved by the parties' Marital Settlement Agreement dated August 25, 2011, which shall be incorporated, but not merged into this Decree in Divorce. By the Court, r0 MAC l C? ?C?, ?C ?W - s"AlYd? o - /l• ?'Lo f' S drs. L9 ??