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HomeMy WebLinkAbout10-2876IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,, PENNSYLVANIA CIVIL ACTION - LAW In Re: The marriage of Laura R. Dimino cn- o Plaintiff E3 `n vs. No. (FI- 10 - r ? 7 w -, f:_7 Michael R. Dimino Defendant C' a =< NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Lancaster County Courthouse, 50 North Duke Street, 2nd floor, Lancaster, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE "THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE TELEPHONE: 717-249-3166 ly, )OPW 10sh IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW In Re: The marriage of Laura R. Dimino Plaintiff • vs. No. CI- / Michael R. Dimino Defendant COMPLAINT UNDER§ 3301(c) OF THE DOMESTIC RELATIONS CODE 1. Plaintiff is Laura R. Dimino, who resides at 729 Laurel Lane, Hampden Township, Cumberland County, Pennsylvania. She has resided there since July 8, 2009. 2. Defendant is Michael R. Dimino, who resides at 729 Laurel Lane, Hampden Township, Cumberland County, Pennsylvania. He has resided there since July 8, 2009. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 19, 1999, in Kenmore, Erie County, New York. 5. There have been no prior actions of divorce of annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The parties have entered into a Separation Agreement, attached as Exhibit A in this proceeding. The parties intend that the Separation Agreement settle 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 relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, alimony pendente lite and/or maintenance of Michael by Laura or of Laura by Michael; the settling of all matters between them relating to the past, present, and future support and/or maintenance of their minor children; the implementation of custody/visitation arrangements for the children of the parties; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. The parties desire that the Separation Agreement be incorporated into any decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce, and further requests that such decree incorporate the Separation Agreement, attached hereto as Exhibit A. I verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. DATED: 4 /2 q N Plaintiff • • G Q O_ 0 ti 1?. V' W I• I• I . 1• • Exhibit A CUSTODY AND MARRIAGE-SETTLEMENT AGREEMENT I. Parties This agreement is between Michael R. Dimino (Father) and Laura R. Dimino (Mother) and embodies the arrangement between them for the custody of their two children, Michael R. Dimino Jr. and Steven L. Dimino, as well as for the distribution of marital property and the support of the parties and their children. Father and Mother are collectively herein referred to as parents or the parties. II. Scope This agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. The alimony and equitable-distribution provisions herein shall not be subject to modification under any circumstances. This agreement shall be offered in evidence in the parties' divorce action, and if acceptable to the Court shall be incorporated by reference in any decree that may be granted. III. Effective Date This agreement will become effective at such time as Mother leaves the marital residence at 729 Laurel Lane, Mechanicsburg, Pennsylvania and takes up residence elsewhere. Unless otherwise stated, the provisions of this agreement shall continue in force until such time as both children establish a residency apart from the parents, whether for the purpose of attending college or otherwise. IV. Legal Custody The parties hereby agree that Mother and Father will have shared legal custody of both children, with each parent having an equal role in major decisions affecting the children's health, education, and religion. The parent with physical custody shall be entitled to seek emergency medical attention for the children as necessary, notwithstanding an inability to contact the other parent. In the event that emergency medical attention is sought, the parent seeking such treatment will endeavor to notify the other parent as promptly as circumstances permit by telephone or other similar means. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, etc. Both parents may attend school conferences and activities. At all times, both parents shall have full access to each child's schedule, including school schedules, extracurricular activities, music and sports schedules, and the like. Each party shall enable the children to communicate with the other parent by phone or through other media as circumstances permit. I Exhibit A Both parties shall endeavor to reinforce the children's belief that they are loved by both parents. Further, each party agrees to give support to the other in the role as parent and to uphold the other parent as one whom the children should love. V. Physical Custody A. The parties hereby agree that Father and Mother will share physical custody according to the following three-week cycle: 1. During the first week of the three-week period, Mother shall have custody for two weekday nights, the exact nights to be determined by agreement of the parties. In semesters where Father teaches evening classes, Mother's two weekday nights shall be the nights of Father's classes, unless otherwise agreed to by the parties. In semesters where Father does not teach at night, Mother's two weekday nights shall be determined by agreement of the parties, bearing in mind each party's commitments, but with Mother's preferences given priority. Mother's custody under this paragraph shall commence at the end of the children's school day (or at 3:00 p.m. if they do not have school). Thus, Mother will be responsible for picking the children up from school or meeting the school bus. Mother's custody shall continue until the beginning of the children's school the next day or, if they do not have school, 12:00 noon. Where Mother's two custodial weekdays are consecutive, her period of custody shall continue uninterrupted from the end of school (or 3:00 p.m.) on the first day through the beginning of school (or 12:00 noon) on the day after the second. 2. During the second week of the three-week period, Mother shall have custody for three weekday nights, the exact nights to be determined by agreement of the parties. In semesters where Father teaches evening classes, Mother's three weekday nights shall include Father's teaching days. In semesters where Father does not teach at night, Mother's three weekday nights shall be determined by agreement of the parties, bearing in mind each party's commitments, but with Mother's preferences given priority. 3. During the third week of the three-week period, Mother shall have custody for two weekday nights, as well as Friday and Saturday nights or Saturday and Sunday nights as the parties agree. The weekday period of custody shall occur as described in paragraph 1. Friday/Saturday custody shall commence at the end of the school day on Friday (or 3:00 p.m. if there is no school), and conclude at 7:00 on Sunday. Saturday/Sunday custody shall commence at 12:00 noon Saturday and end at the beginning of the school day Monday morning (or at 12:00 noon if there is no school). 2 Exhibit A 4. Following the third week of the three-week period, another three-week period shall begin, with custody proceeding as described in paragraph (A)(1). 5. At times not covered by paragraphs V(A)(1)-(4), Father shall enjoy physical custody. B. On the children's birthdays, the parent with physical custody shall endeavor to make the date a happy occasion. In the event that a child's birthday is not a school day, each parent should be allowed to have one meal with the child. If one parent plans a party or event, the other parent should be informed and permitted to attend. The parents agree to arrange physical custody such that they alternate years in which they have custody on the children's birthdays, such days of Mother's custody counting as Mother's custodial days under section A. C. Mother shall have custody of the children for the Thanksgiving holiday in odd years. Such custody shall commence on the day before Thanksgiving at the end of the school day (or 3:00 p.m. if there is no school) until 12:00 noon on the Saturday following Thanksgiving. In years where Mother has custody during Thanksgiving, the following week shall be designated as the first week in the three-week cycle described in paragraphs V(A)(1)-(5). D. The parent without custody for Thanksgiving shall have custody on Christmas Day during the same calendar year, unless s/he declines; physical custody shall begin at 8:00 p.m. on December 24 and continue through December 26 at 3:00 p.m. The parent without physical custody on Christmas Day shall have physical custody from the end of the school day on December 23 (or 3:00 p.m. if there is no school) until December 24 at 8:00 p.m. Mother's custodial days under this paragraph shall be count as Mother's custodial days under section A. E. Mother shall have custody on Mother's Day, from 9:00 a.m. until 7:00 p.m., annually. F. Father shall have custody on Father's Day, from 9:00 a.m. until 7:00 p.m., annually. G. The parties may from time to time agree to depart from this schedule, as they see fit. Alterations to this custody schedule shall be roughly reciprocal, so that if one parent obtains custody for an additional period beyond that provided for herein, the other parent may obtain additional physical custody of an equivalent amount at another time. 3 Exhibit A H. The parent with physical custody agrees to transport each child to sporting events in which the child is participating (including games and practices of whatever sport the child is playing at the time), after-school events, concerts, and the like. Both parents agree that one sport per child per season is a reasonable obligation. If either child is good enough to play on a travel sports team, such that games or practices are regularly more than thirty miles from home, and if Mother shall decline to transport the child(ren) to such games or practices, Father will assume the transportation responsibility. As appropriate, given the activity and the child's age, the parent with physical custody agrees to supervise the child during the event. Such parent shall not fail in these obligations merely because it would be inconvenient to spend the required time or travel the required distance. In the event that the parent with physical custody concludes that emergency conditions such as bad weather, illness, etc., make travel unsafe, that parent shall consult with the other parent, who shall have the option to undertake the travel if he or she can do so safely. 1. Where physical custody is to commence upon the children's release from school, the responsibility for picking up the children or meeting the school bus shall rest with the parent gaining custody. Where one parent is to transfer physical custody to the other, the parent relinquishing custody shall be responsible for transporting the children to the residence of the parent gaining custody, unless both parties agree on an alternative location. Such transportation may be effected by the designee of the parent responsible for arranging transportation, and need not be effected by the parent him- or herself. J. When the parent with physical custody is unable to supervise the child(ren) for a period exceeding two hours, the non-custodial parent shall be informed of such inability and shall have the option to supervise the child(ren) during that period. If the non-custodial parent declines to supervise the child(ren) during that period, the custodial parent shall arrange for responsible supervision in the custodial parent's discretion. The provisions of this paragraph shall not apply, however, if supervision would be provided by the children's paternal grandparents, Patricia and Michael Dimino, or either of them. K. Neither parent shall permit either child to be in the vicinity of underage consumption of alcoholic beverages or illegal drug use, nor shall either parent permit either child to consume alcohol or illegal drugs, nor shall either parent knowingly permit either child to access pornography. If Mother violates this provision, her physical custody of the children and child-support payments shall be halved for a period of one year. If Father violates this provision, Father and Mother shall reverse the periods of custody described in 4 Exhibit A paragraphs (A)(I)-(5) of this section for a period of one year, and his child- support obligations will increase by half. L. The parent with physical custody shall be responsible for the costs incurred by the children during the period of such custody, including but not limited to costs associated with food and entertainment. This obligation does not imply that Mother relinquishes her entitlement to child support, as agreed to below. Father shall bear the costs of enrolling the children in after-school programs, music lessons and instruments, sports, and the like. The parties shall share equally the costs of clothing the children, except that Father shall bear the full costs of sports equipment and uniforms. M. The parent with physical custody shall be responsible for ensuring that each child completes the homework due the day following the end of such custodial period. The parent with physical custody is responsible for ensuring that each child completes a reasonable portion of long-term homework assignments during the custodial period. The parent with physical custody is responsible for ensuring that each child practices his music lessons and performs other similar activities as required. N. Neither child may be permitted to travel out-of-state without the express consent of both parents, unless accompanied by a parent. During visits to the children's relatives, their grandparents may assume physical custody of the children in Father's absence, but no more than fourteen days of such custody shall be permitted in any calendar year without the permission of Mother. 0. It shall be the obligation of each parent to make each child available to the other in accordance with the physical custody schedule and to encourage them to participate in the plan hereby agreed to. VI. Relocation A. Neither party shall remove the minor children from the Cumberland Valley School District for the purpose of changing the residence of the children permanently, without the permission of the other party or the Court of Common Pleas of Cumberland County. A party violating this provision shall be liable to the other party for all costs of locating the removing party, including travel expenses, counsel fees, detective fees, lost wages, and all other similar costs; litigating custody or visitation rights associated with the removal, including court fees, counsel fees, and the costs of transportation and lodging for the other party, witnesses, and counsel; and transporting the children to and from the non-removing party for that party's periods of custody. 5 Exhibit A B. Should Mother take up residence more than 50 miles from the residence of the children while Father continues to live within the Cumberland Valley School District, Mother shall forfeit all child support and all other kinds of support (but shall retain any right to equitable property distribution, as provided for below), and her partial custody shall consist of three weeks during the summer, at least two of which must be consecutive; one week from December 26 through January l; and the period from the day before Thanksgiving until the Saturday after Thanksgiving annually, in addition to other times agreed to by the parties. The three-week period during the summer shall be agreed to by the parties each year by June 1, bearing in mind the children's school and sports schedules. Mother shall be responsible for the costs of transporting the children under this paragraph, including 50 cents per mile driven by Father. Father shall accompany the children to the airport, should air travel be necessary, but shall not be obligated to accompany the children on the flight. If the children are too young to travel on their own, Mother shall have the option of traveling with the children herself or paying all of Father's travel expenses to accompany the children and stay near Mother's residence during the visit. C. Should Father desire to move with the children within the Cumberland Valley School District, there shall be no alteration in the custody arrangement. D. No relocation shall affect the legal custody of the children, which shall remain as stated above. VII. Property Distribution The parties agree to divide their marital property as follows: A. Laura shall take the following items of personal property: 1. Mirrored dresser in master bedroom 2. Chest of drawers matching mirrored dresser 3. Dining room table, chairs, and bookcases 4. Two pieces of artwork: the depiction of the Paul Revere House and the watercolor Venetian scene 5. China cabinet & hutch 6. Pine entertainment center from sunroom 7. Desk in extra bedroom 8. Table in extra bedroom 9. Speakers from family room 10.AV components: receiver, CD player, cassette deck, VCR/DVD player, wooden turntable 11.32" television 12. Elliptical cross-trainer 6 Exhibit A 13. Light-colored recliner in master bedroom 14. Striped love seat in basement 15. Bookcase built by Laura's dad 16. Bookcase from extra bedroom 17. Small round table in family room 18. The parties' 2008 Mazda Tribute. Laura shall be responsible for all expenses relating to the vehicle, including but not limited to insurance, registration, repairs, fuel, etc. 19. Approximately half of the parties' dishes, silverware, and assorted other kitchen implements 20. Approximately half of the parties' towels and linens 21. The Hewlett-Packard laptop computer and the Samsung printer 22. White dresser in basement 23. Game table in sunroom 24. One iron 25. Mixer 26. Griddle 27. White toaster oven 28. Nightstands from master bedroom 29. Four lamps 30. One alarm clock from master bedroom 31. White table in basement 32. White stand/cart in family room B. Michael shall hold sole ownership of the marital residence at 729 Laurel Lane, Mechanicsburg, Pennsylvania. He shall be responsible for all costs of maintenance, insurance, taxes, and repairs with respect to the property, and Laura shall cease to have any interest in the property whatsoever. Laura's name shall be removed from the deed and the mortgage. Michael shall compensate Laura for her interest in the property by paying her $650 per month for five years, for a total of $39,000. The payments shall not be adjusted for inflation and no interest shall accrue on the sum, except that Michael shall be obligated to pay 5% annualized interest on any amounts overdue. Such payments shall be due on the first business day of each month, with the first such payment having been received on April 1, 2010. C. On March 29, 2010, Laura received and cashed an $11,000 check from the parties' joint checking account. Laura renounces any claim on the remainder of the funds in the parties' joint bank or brokerage accounts or in Michael's bank or brokerage accounts. Whenever convenient for him, Michael shall transfer the remaining assets of the parties' joint accounts into accounts controlled exclusively by him, and shall close the parties' joint accounts. 7 Exhibit A D. Laura will remove Michael's name from the parties' credit-card accounts. Michael will pay for any of his purchases made before such removal has taken effect. E. Michael and Laura each waive any interest in the other's IRAs, other retirement accounts, and any other retirement benefits provided, or which may be provided, by any employer or any government. F. Michael waives any interest in Laura's life-insurance policy, and shall bear no responsibility for funding it. Michael shall maintain his SBLI life insurance policy (or shall establish a policy with the same value) until both of the parties' children reach 21 years old, and the parties' children shall be beneficiaries of such policy. F. All marital property not discussed above shall be Michael's sole property. G. Each party has had an opportunity to verify the financial disclosure of the other. Discovery has been conducted to the satisfaction of each party. Each party has had the opportunity to investigate further the financial disclosure of the other, and has had access to the books and records necessary to investigate further. Each party had an opportunity to do an independent valuation of the assets, liabilities, and income of the other party. To the extent either party decided not to pursue further discovery and investigation, he or she did so voluntarily and specifically waives the right to challenge this agreement based on the absence of full and fair disclosure. VIII. Child Support A. Father agrees to pay monthly child support of $600 until Michael R. Dimino Jr. reaches 18 years of age. From that point until Steven L. Dimino reaches 18 years of age, the child-support obligation shall be $300 per month. These figures shall not be adjusted for inflation. Such payments shall be due on the first business day of each month, beginning May 1, 2010. One payment of $100 will be due on April 24, 2010 to cover child support for the last week of April, assuming that Mother obtains a new residence by that date. Payments for the months in which the children turn 18 shall be prorated based on the number of days in the month prior to the child's birthday. B. Notwithstanding paragraph VIII(A) above, if at any point Mother's individual gross total income reaches 50% of Father's, child support shall be reduced by two percent for every one-percent increase in the ratio of Mother's income to Father's. For example, if Mother's individual income is 65% of Father's, monthly child support will decrease by 30%. If Mother's total income is less than $50,000 annually and she cohabits with a person whose total income exceeds $75,000, Mother shall be deemed to have a total income which 8 Exhibit A includes all of her income plus half of her cohabiting partner's total income unless Father also cohabits with a person whose total income exceeds $75,000, in which case only Mother's and Father's individual incomes will be considered for purposes of this paragraph. C. Father agrees to provide medical insurance to both children through his employer for as long as permitted by the employer's health-insurance plan. D. If Mother obtains employment with superior health benefits to that provided by Father's employer, Mother shall acquire general medical benefits for the children through her employer (relieving Father of his obligation to do so under paragraph VIII(C)). If Mother's employer will not pay in full for these benefits, Father will reimburse Mother for her cost for these medical benefits on a monthly basis as long as her gross household income remains below 60% of Father's. If Mother's employment enables her to obtain specific medical benefits, such as vision or dental coverage, and if she is allowed to acquire such benefits for the children, Mother will do so. If Mother's employer will not pay in full for these benefits, Mother will pay for them, provided that her income is above $40,000 and the cost per month per child does not exceed 1% of her household gross income. If the cost does exceed 1% of Mother's household gross income, Father shall pay the excess. IX. Alimony and Alimony Pendente Lite A. Laura expressly agrees that there shall be no alimony or alimony pendente lite. B. Michael will continue to fund Laura's medical insurance as long as the parties remain married. Laura, however, shall bear the cost of any co-payments for her treatment or medications, as well as any charge for medical procedures or medications in excess of the amount covered by insurance, and shall bear the full cost of any of her medical procedures or medications not covered by insurance. C. The payments required by this agreement shall constitute the extent of the parties' financial obligations with respect to each other, and no further payments shall be required at any time before or after the entry of any divorce decree. 9 Exhibit A X. Taxes A. Any tax liability or penalties for tax years 2009 or earlier shall be Michael's sole responsibility. Likewise, any refunds or adjustments concerning taxes paid or withheld for tax years 2009 or earlier shall be Michael's property. B. The parties agree to file 2010 taxes as "married filing jointly," provided that it is legal to do so. The parties shall split tax liability in 2010 proportionally according to their respective total incomes, except that Laura shall not be required to pay in excess of $1200 for federal taxes. Michael agrees to hire a tax preparer by March 10, 2011 to prepare 2010 taxes. Michael will pay the cost of such tax preparation. C. Michael shall receive the child tax credit and all other tax benefits relating to the children. XI. Effect of Death A. In the event that either party dies while this agreement is effective, the other party shall assume full custody of the children. If Father dies while this agreement is effective, Mother shall allow the children's grandparents reasonable periods of visitation. B. If Father dies while this agreement is effective, his heirs shall be obligated to continue the child-support payments and the payments concerning property distribution provided for herein. C. If Mother dies while this agreement is effective, any remaining child-support payments will be negated. Any remaining property-distribution payments shall be divided equally and placed in trust for Michael Jr. and Steven. D. If either child dies while this agreement is effective, child-support payments will be halved. If both children die while this agreement is effective, child- support payments will be eliminated. Property-distribution payments will be unaffected by the death of either child or both children. XII. Incorporation into Divorce Decree The terms of this agreement shall be incorporated into any divorce decree which may be entered with respect to the parties but shall not be merged into such decree. The Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the agreement for the purpose of enforcement of any of the provisions thereof. It is the intention of the parties that except as specifically stated otherwise the obligations in this agreement shall not be modifiable by the Court and shall retain their contractual nature in any enforcement proceeding. 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. XIII. Integration 10 Exhibit A Whereas, diverse unhappy differences, disputes, and difficulties have arisen between the parties and it is the parties' intention to live separate and apart for the rest of their lives, and the parties are desirous of setting 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 relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present, and future support, alimony, alimony pendente lite and/or maintenance of Michael by Laura or of Laura by Michael; the settling of all matters between them relating to the past, present, and future support and/or maintenance of their minor children; the implementation of custody/visitation arrangements for the children of the parties; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, the parties enter into this agreement. This agreement constitutes the entire understanding of the parties. There are no representations or warranties other than those expressly set forth herein. XIV. Date of Execution S ?- This agreement is entered into the Z / day of r 2010, in ct ,eA o County, Pennsylvania, by the undersigned parties, intending to be legally bound hereby. Laura R. Dimino Michael R. Dimino I1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On theme day of , 2010, before me, Judy A. Hancock, the undersigned officer, personall appeare ©u , of known to me (or satisfactorily proven)'to be the person w`Tfose name is subscribed to the within instrument, and acknowledged that she/he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Ju Q AH co c, Notary Public My ml ss4ed Expires: 1/21/2014 COMMONWEALTH OF PENNSYLVANIA DOCUMENT: Notarial Seal Judy A. Hancock, Notary public F-Msyu sq uehanna Twp., Dauphin County Custody and Marriage Settlement Agreement Commhsilon Espk+as Jan. 21, 2014 Member, pe"mrmar"d A"adatlon of Notaries VERIFICATION I verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATED: Plaintiff 3 IN THE COURT OF COMMON PLEASOF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW In Re: The marriage of Laura R Dimino n _? , . Plaintiff - ' , - i-7 - a (?? G??7?0 CI l vt VS. No. - w ; Michael R. Dimino Defendant ° ACCEPTANCE OF SERVICE I, Michael R. Dimino, Defendant in the above-captioned action, depose and say that on this date, I hereby accept service of the Complaint in Divorce and Notice to Defend and Claim Rights with Notice of Availability of Counseling. 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. CS. § 4904 relating to unworn falsification to authorities. s Dated: Ile) ? ? -.?? 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW In Re: The marriage of Laura R. Dimino Plaintiff vs. No. CI- L C> 10 - 02 $ 'J (p Michael R. Dimino Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on Apri129, 2010. 2. The marriage of 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 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 herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: ~~I -7 ~ I ~O ~c~ ~ ~ Plaintiff D n ~ ~-; c - O _~- - '! c_ -„ In ~_ - - „~ --" ,J - v= 3 ~. ~ -, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW In Re: The marriage of Laura R. Dimino Plaintiff vs. No. cI- 2 ~ ~ o - ~ 2 g ~ ~ Michael R. Dimino Defendant 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 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. n Dated: g ~ ~ 7 ~~ ~ o ~,U /( Gt 1 C . ~!~n1.r.,..,,5 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW In Re: The marriage of Laura R. Dimino Plaintiff vs. Michael R. Dimino Defendant No. CI- 2 O 1 ~ - O 2 $ ~ Co AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on April 29, 2010. 2. The marriage of 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 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 herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. 7 /~ ~~O ~ c R Dated: / ~ ~S'' Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW In Re: The marriage of Laura R. Dimino Plaintiff vs. No. CI- 2 Q t p- C7 2$ ~ Co Michael R. Dimino Defendant 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 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. Dat ~/ G 8 ~d ~ ~ _ ~-~-~-' ed. Defendant c"~ p ~ , C-~ c~ ..# = .F-_ -.~ r _' ~ L _7 i -T_~.. 3 s. . K~ ~. ~ ~_. ~e `i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW In Re: The marriage of Laura R. Dimino a ," Plaintiff ~ O -_, . .J -- Michael R. Dimino ~ Defendant ~- c r 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: . 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff ~ ~ I -7 ~ 1 ~ by Defendant ~ ~ Z ~ ~ I O 4. Related claims pending: None. 5. Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the Decree is to be entered under § 3301(d)(1)(i) of the Divorce Code. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: ~S/~7 /lam Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: g~~~~-~ ( Plaintiff ( )Defendant