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HomeMy WebLinkAbout06-3767HEIDI A. SMITH, Plaintiff Vs. TIMOTHY M. MERCURIO, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. b(a - 971.7 (21-u 6LC-T i nv CIVIL ACTION - LAW 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 or your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House One Courthouse Square Carlisle, Pennsylvania 17013 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, PENNSYLVANIA 17013 717-249-3166 HEIDI A. SMITH, Plaintiff VS. TIMOTHY M. MERCURIO, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - LAW : DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO TIMOTHY M. MERCURIO, JR., DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Diane S. Baker, Esquire I.D. No. 53200 27 S. Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 HEIDI A. SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. TIMOTHY M. MERCURIO, JR., CIVIL ACTION -LAW Defendant : IN DIVORCE COMPLAINT COUNT 1 - DIVORCE AND NOW comes Plaintiff, Heidi A. Smith, by her attorney, Diane S. Baker, Esquire, and files this Complaint, based upon the following: 1. Plaintiff, Heidi A. Smith, is an adult individual who currently resides at 2040 Hunter Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Timothy M. Mercurio, Jr., is an adult individual who currently resides at 528 2' Street, Highspire, Dauphin County, Pennsylvania 17034. 3. Plaintiff and Defendant were married on February 20, 2005, in Harrisburg, Pennsylvania. 4. Plaintiff and Defendant separated on or about October 27, 2005. 5. Plaintiff has been a bona fide resident of this Commonwealth for at least six (6) months immediately prior to the filing of this Complaint. 6. Defendant is not presently a member of the Armed Forces on active duty. Plaintiff is not presently a member of the Armed Forces on active duty. 7. There are no pending actions in divorce or annulment in this jurisdiction or in any other jurisdiction brought by either Plaintiff or Defendant above-named. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff avers that the marriage is irretrievably broken. COUNT 2-CLAIM FOR EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 above are herein incorporated by reference. 11. The Plaintiff and Defendant are owners of various items of personal property, furniture and household famishings acquired during the marriage which are subject to equitable distribution by the Court. 12. The Plaintiff and Defendant are owners of various motor vehicles acquired during the marriage which are subject to equitable distribution by the Court. 13. The Plaintiff and Defendant singly or jointly have interests in various bank accounts acquired during the marriage which are subject to equitable distribution by the Court. 14. Plaintiff and Defendant own or have an interest in real estate which is subject to equitable distribution by the Court. 15. The Plaintiff and the Defendant have acquired during the marriage other marital property which is subject to equitable distribution by the Court. WHEREFORE, Plaintiff requests the Court to enter a Decree: (a) Dissolving the marriage between Plaintiff and Defendant; (b) Equitably distributing all marital property owned by the parties hereto; (c) Such further relief as the Court may determine equitable and just. Respectfully submitted, DATE: <iane S. Baker, Esquire ?? ?(O Supreme Court ID #53200 (O 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 VERIFICATION I, HEIDI A. SMITH, verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of IS Pa.C.S. Section 4904 relating to unworn falsification to authorities. 6'1? a ( 4 HEIDI A. SMITH Ao Olt, V- o . p O t-I G ? d 70 HEIDI A. SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : iCUMBFPLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3767 TIMOTHY M. MERCURIO, JR., Defendant : CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I, Jay R. Braderman, Esquire, attorney for Defendant, Timothy M. Mercurio, Jr., hereby accept service of the Complaint in Divorce as of this, the ff day of July, 2006, and certify that I am authorized to accept service on my client's behalf. ? c co Alk N MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this? day of , 2006, by and between HEIDI A. SMITH, hereinafter referred to as "Wife", and TIMOTHY M. MERCURIO, JR., hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on February 20, 2005, and there is one child born of the parties, Timothy J. Mercurio, born September 14, 2003; 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 for the rest of their natural lives, 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 relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support 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 one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable considerations, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed a condonation on the part of either parry hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. 2. EFFECT OF DIVORCE DECREE. The parties agree that, unless 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. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divorce decree which may be entered with respect to them. The parties further agree that 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 sole purpose of enforcement of any of the provisions thereof and not for modification of the Agreement. 4. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution 2 date" of this Agreement shall be defined as the date of execution by the parry last executing this Agreement. 5. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Diane S. Baker, Esquire, and to husband by his attorney Jay R. Braderman, Esquire. Husband has been advised that he has a right to independent counsel and should obtain independent counsel but has chosen to waive that right and proceed without counsel. The parties acknowledge that they fully understand the facts and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 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. Each party agrees that he and she shall not, at any future time, raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 6. PERSONAL RIGHTS. Wife and Husband, at all times hereafter, may and shall live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. 3 7. SUBSEQUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent co-habitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. 8. MUTUAL RELEASES. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature or wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the nature of dower or curtesy 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 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 other country, or any rights which either parry may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relation 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 provision thereof. It is the intention of Husband and Wife to give to 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 4 . . i- , 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. 9. DATE OF SEPARATION. The parties agree that for the purpose of equitable distribution the date of separation of the parties was October 27, 2005. 10. RETIREMENT ACCOUNTS AND PENSION PLANS. Wife has been employed during the marriage by Cummins Power Systems and as a result of said employment is the title owner of a 401(k) plan a portion of which is marital property. Husband is not entitled to any retirement accounts earned during the marriage. Both parties hereby release and waive any and all interest, claim, or right that she or he may have to any and all retirement benefits (including pension or profit sharing benefits not yet distributed) or similar benefits of the other party. Both parties agree to cooperate in good faith and execute all documents necessary to effectuate this paragraph. 11. PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have divided their tangible personal property, including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art, pets and other personal property in as equitable a manner as possible. All such property currently in possession of Wife along with the items set forth on Exhibit A shall 5 become the sole and exclusive property of Wife. All such property currently in possession of Husband, except for those items set forth on Exhibit A, shall become the sole and exclusive property of Husband. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to the above items that shall become the sole and separate property of the other. Wife does however agree that she shall make reasonable efforts to allow Husband to visit with the dogs that she has retained, namely "Cece" and "Buster". 12. AFTER-ACQUIRED PERSONAL PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, 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. 13. AUTOMOBILES. The parties agree that there are no jointly owned vehicles. All vehicles are owned individually by the parties and both Husband and Wife waive any rights they may have to the vehicles owned by the other. 14. BAND ACCOUNTS. The parties agree that they have no remaining joint bank accounts. Any individual accounts owned by the parties shall become the sole and separate property of the party in whose name the account is currently titled and both parties waive any rights they may have to the bank account(s) of the other. 15. CURRENT LIABILITIES. Except as set forth elsewhere in this Agreement, the parties agree that they have no joint liabilities. All debts accumulated during the marriage are in the sole and separate name of the individual parties and shall become the sole and 6 separate responsibility of the named party. Both parties waive any rights they may have to any credit card incentives accumulated on the credit cards of the other. 16. WARRANTY AS TO EXISTING OBLIGATIONS. Each parry represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each parry agrees to indemnify and hold the other party harmless for 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. 17. WARRANTY AS TO FUTURE OBLIGATIONS. Wife and Husband each 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 for 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. 18. LIFE INSURANCE. All life insurance policies owned by the parties shall become the sole and separate property of the party in whose name the policy is in and both parties specifically waive any rights which they may have to said policies by virtue of having been a named beneficiary thereon. 19. REAL ESTATE. Wife is the title owner of a residence located at 528 2nd 7 Street, Highspire, Dauphin County, Pennsylvania. Wife agrees that she shall transfer this real estate to Husband and it shall become his sole and separate property. Husband shall be solely responsible for all debts related to the property (including mortgage, taxes, insurance and utilities) that have been incurred since the date of separation (October 27, 2005) and shall indemnify and hold Wife harmless therefrom. Husband further agrees that he shall refinance the existing mortgage with EMC Mortgage Corp., account number xxxxx7841 into his individual name within ninety (90) days of the date of execution of this Agreement. Assuming Husband successfully refinances the mortgage and pays all other expenses as set forth above, Wife shall execute a deed prepared by Husband to transfer the property. In the event that Husband either fails to refinance the existing mortgage within ninety (90) days or fails to pay any other expenses related to the residence, he shall immediately vacate the property on or before July 1, 2006. Wife shall then list the property for sale with a reputable real estate agent and the proceeds, if any, shall be divided equally between the parties after deductions for any outstanding mortgage payments or other expenses related to the premises that were incurred between October 27, 2005 and July 1, 2006. Husband shall also be entitled to any portion of the tax escrow account that he may have paid in excess of the taxes and insurance attributable since October 27, 2005. In the event that the sale proceeds are insufficient to pay the existing mortgage, Husband shall remain solely responsibly for any expenses incurred between October 27, 2005, and July 1, 2006, and the parties shall then divide the remaining debt equally and each shall indemnify and hold the other harmless therefrom. 20. HEALTHCARE COVERAGE. Both parties acknowledge that, effective the date of entry of a Decree in Divorce, it shall be their individual responsibility to provide their 8 own medical insurance coverage. To the extent medical insurance coverage is affected by marital status, it shall be the individual responsibility of Husband and Wife to immediately notify his or her employer of the change in marital status. 21. PAST DUE TAXES. The parties have heretofore filed joint Federal and state tax returns. 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. 22. BANKRUPTCY. It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her that have been initiated by others. 23. PAYMENT OF LEGAL FEES. Wife shall be responsible for payment of her legal fees and Husband shall be responsible for payment of his legal fees. 24. ALIMONY, ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT. Including the benefits provided for in this Agreement, Husband and Wife each have sufficient property and/or income to provide for his or her reasonable needs. Therefore, notwithstanding 9 any provision in the Divorce Code to the contrary, and except as otherwise specifically set forth in this Agreement, Wife and Husband expressly waive, discharge and release any and all rights or claims which he or she may have, now or hereafter, by reason of the parties' marriage, to alimony, alimony pendente lite, support, maintenance and/or any other such benefits resulting from the parties' status as husband and wife. It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any additional support from the other party, except as provided herein. 25. 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 transfers and subject to the carry-over basis provisions of the said Act. In the event that there is a transfer tax assessed then said tax shall be the responsibility of the party receiving the property. 26. MUTUAL CONSENT DIVORCE. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire additional marital counseling, and that they both consent to the entry of a decree in divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code, Act 26 of 1980, as may be amended (herein referred to as the Code). Accordingly, both parties agree to execute such consents, affidavits, or other documents and to direct their respective attorneys to file such consents, affidavits, or other documents as may be 10 necessary to promptly proceed to obtain a divorce pursuant to said Section 3301(c) of The Code. Upon request, to the extent permitted by the law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 27. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 28. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 29. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 30. AGREEMENT BINDING HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 31. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith (and within at least ten (10) days after demand therefor) execute any and all 11 e written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 32. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 33. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other that those expressly set forth herein. The parties further acknowledge that any previous agreements between them are incorporated herein. 34. ENFORCEMENT OF AGREEMENT. If either parry breaches any provision of this Agreement, the other parry shall have the right, at his or her selection, to sue for damages for such breach or to require specific performance. The party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other party in enforcing their rights under this Agreement or for seeking such other remedies of relief as may be available to him or her. 35. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and, in all other respects, 12 this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall, in no way, void or alter the remaining obligations of the parties. 36. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written. E S 4/?'' HEIDI A. SMITH 0, taQ?': TI OT 11,Y E CURI , JR. 13 EXHIBIT A ITEMS TO TRANSFER TO WIFE a. Antique chests (2) b. 2 Sets of dishes c. One-half of all Christmas decorations d. Wife's personal items and pre-marital memorabilia- high school items, photos, and miscellaneous knick-knacks 14 -. ???_.:: ?? .__? ? J HEIDI A. SMITH, Plaintiff VS. TIMOTHY M. MERCURIO, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3767 CIVIL TERM CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on June 30, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. 4. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. 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. 61 p4 D17 `l DATED: HEIDI A. SMITH 1 t. _ HEIDI A. SMITH, Plaintiff VS. TIMOTHY M. MERCURIO, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3767 CIVIL TERM : CIVIL ACTION - LAW : DIVORCE 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 unworn falsification to authorities. DATED: *EID1 SMITH CD HEIDI A. SMITH, Plaintiff VS. TIMOTHY M. MERCURIO, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3767 CIVIL TERM CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on June 30, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. 4. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. 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. oArEO ???? ,O?OTIV. ?R"?O, JRf HEIDI A. SMITH, Plaintiff VS. TIMOTHY M. MERCURIO, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3767 CIVIL TERM : CIVIL ACTION - LAW : DIVORCE 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. DATED: (/ T OTHY C O, JR. c? ? ?^ ? - ?' _- ? -, ? ?... ?.o ..Q ?, ?;% ; _ ........ ti;''.. r, te ?? "4„ HEIDI A. SMITH, Plaintiff VS. TIMOTHY M. MERCURIO, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-3767 : CIVIL ACTION - LAW : 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: First class mail pursuant to an Acceptance of Service signed by the attorney for the Defendant dated July 18, 2006, and filed with the Court August 8, 2006. 3. (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff on June 29, 2007; by the Defendant on June 25, 2007. 4. Related claims pending: Marital Settlement Agreement dated July 26, 2006, resolved all claims. 5. (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: same as this Praecipe. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: same as this Praecipe. DATE: Diane S. Baker, Esquire (j-7 Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 tJ :: _ - G"? - °°? -- ::? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. HEIDI A. SMITH NO. 06-3767 VERSUS TIMOTHY M. MERCURIO, JR. DECREE IN DIVORCE A A -dA AND NOW, , 2007 IT IS ORDERED AND DECREED THAT HEIDI A. SMITH PLAINTIFF, AND TTmaTHY M_ Mpprugmf TR DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ib" The Marital Settlement Agreement dated July 26, 2006, is incorporated but not merged into this D(hcree. BY THE CQCJRT: ATTEST: J. PROTHONOTARY nom''