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HomeMy WebLinkAbout07-0466CRYSTAL L. MAHONEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. ANDREW T. MAHONEY, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lase money or property or other rights important to you including custody or visitation of your children. When the grounds for the divorce are indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse. 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 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisdao que si usted no se defiende, la corte tomara medidas y puede entrar una orde contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIAMENTE. SI NO TIENNE ABOGAD O SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA PUEDA CONSEGUIR ASSISTENCIA LEGAL: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Mi¢ hael J. PylosPr,-hIsc- Attorney Id. o. 58851 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff CRYSTAL L. MAHONEY, Plaintiff V. ANDREW T. MAHONEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. 0'7-'/4,4 ? Tt? : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) OR SECTION 3301(D) OF THE DIVORCE DECREE CODE AND NOW, comes the Plaintiff, Crystal L. Mahoney, by and through her attorney, of The Law Office of Darrell C. Dethlefs, seeks to obtain a Decree in Divorce from the Bonds of matrimony with the above-named Defendant and in support of her Complaint avers the following: Plaintiff, Crystal L. Mahoney, is an adult individual, who currently resides at 203 East Pine Street, Mount Holly Springs, Cumberland County, Pennsylvania. The Plaintiff's social security number is 201-60-0629. 2. Defendant, Andrew T. Mahoney, is an adult individual, who currently resides at 300 Oak Drive, Mount Holly Springs, Cumberland County, Pennsylvania. The Defendant's social security number is 170-70-5448. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on August 18, 2001 in Carlisle, Pennsylvania. 5. The Plaintiff and Defendant are citizens of the United States of America. 6. The Plaintiff is not a member of the Armed Services of the United States or any of its allies. 7. The Defendant is a member of the United States Army Reserves in an inactive status. 8. Plaintiff has been advised of the availability of counseling and that she and the Defendant may have the right to request that the Court require the parties to participate in such counseling. 9. There have been no other divorce proceeding filed in this matter. COUNTI REQUEST FOR DIVORCE DUE TO IRRETRIEVABLE BREAKDOWN UNDER 3301(C) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 11. The marriage of the parties is irretrievably broken. 12. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that the Defendant may also file such an affidavit consenting to a divorce. 13. Plaintiff has been advised of the availability of counseling and that she and the Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to divorce after ninety (90) days have elapsed from filing of the Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(C) of the Divorce Code. COUNT II REQUEST FOR DIVORCE DUE TO IRRETRIEVABLE BREAKDOWN UNDER 3301(D) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 15. The Marriage of the parties is irretrievably broken. 16. After a period of two (2) years has elapsed form the date of separation, Plaintiff intends to file her affidavit of having lived separate and apart. J o 17. Plaintiff has been advised of the availability of counseling and the Plaintiff and Defendant have the right to request the Court to require parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed her affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(D) of the Divorce Code. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 18. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 19 Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 20 Plaintiff and Defendant have been able to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully denies this Honorable Court to enter an Order distributing all of the aforementioned property, real and personal, as the Court may deem equitable and just, plus costs. Respectfully Submit d Date: 1 r rq I q By: Michael . Pykosh, Esquire Attorney Id. No.: 58851 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff • i CRYSTAL L. MAHONEY, Plaintiff V. ANDREW T. MAHONEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION - LAW IN DIVORCE VERIFICATION I hereby verify that the statements of fact made in the foregoing Complaint in Divorce, are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. I Date: ` q W. i- ?? Crys ah ney ? ? O O Q V? O $ d ?c a a C? O rya tV 1V w cn CC) O --t Frib T} t'i 1 -r3?7 y r7 s'r7 CRYSTAL L. MAHONEY, Plaintiff V. ANDREW T. MAHONEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. O 7 ? L) : CIVIL ACTION -LAW : DIVORCE ACTION MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into between ANDREW T. MAHONEY and CRYSTAL L. MAHONEY, hereinafter referred to as Husband and Wife. The parties were married on August 18, 2001. As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, and all other rights and obligations arising out of the marriage relationship. It is therefore agreed: 1. CONSIDERATION The consideration for this Agreement is the mutual promises and agreements herein contained. 2. SEPARATION AND NONINTERFERENCE A. It will be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem frt. B. Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither shall bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASE Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands whatsoever, in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce. Initials f l-h L L 4. FULL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever and of all other facts relating to the subject matter of this Agreement. Both parties represent that the terms of this Agreement have been fully explained to them by their respective counsel or that both parties have had the opportunity to have legal counsel review and fully explain the terms of this Agreement. Andrew T. Mahoney acknowledges that Michael J. Pykosh is Wife's attorney. Andrew T. Mahoney acknowledges that he has had adequate time to review this agreement and consult with an attorney. Initials A ?M 68 5. EQUITABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 6. SUBSEQUENT DIVORCE A. AGREEMENT NOT PREDICATED ON DIVORCE - It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever by stopped from asserting any illegality or unenforceability as to all or any part of this Agreement. Initials B. ENTRY AS PART OF DECREE - It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purpose of enforcement only. C. MUTUAL CONSENT DIVORCE - The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by 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. 7. DIVISION OF PERSONAL PROPERTY Wife agrees that all of the property in the possession of Husband as of July 1, 2006, shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife as of July, 1, 2006, shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items, which shall become the sole and separate property of the other. 8. VEHICLES Husband and Wife agree that the vehicles which are titled in both names are to be divided as follows. Husband shall solely retain the 2003 Ford Explorer. Wife agrees to execute the title to and any other document to provide Husband with sole ownership of said Ford Explorer. Wife shall retain the 2002 Mercury Cougar. Husband agrees to execute the title to and any other document to provide wife with sole ownership of said Mercury Cougar. The parties shall execute said titles with in seven (7) days of the other parties request. 9. LIABILITIES Husband and Wife agree that Husband shall be responsible for the following debt: All mortgages on the property located at 300 Oak Drive, Mount Holly Springs, PA 17065 a. REAL PROPERTY The real estate at 300 Oak Drive, Mount Holly Springs, PA 17065 shall be the property of Andrew T. Mahoney. Crystal L. Mahoney has signed a Deed relative to the property for a consideration. Said consideration is filed as a lien on the property to be paid in full at the time of any/all ownership transfer(s) to a third party(s). Initials hN b. CHILD SUPPORT The parties further agree that both shall receive the annual tax credit for the one of the two children. Initials ?Vl? 10. 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, acquired by him or her after July 1, 2006, 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. 11. DISPOSITION OF PROPERTY From and after the date of the signing of this Agreement, both parities shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to , or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 12. PAYMENT OF SPECIFIED OBLIGATIONS The parties agree that the following constitute joint marital obligations, which shall be paid by the following person: A. Wife - 1. All debts incurred by wife since the parties separation. 2. Any loan on the automobile titled solely in wife's name. 3. All credit cards in her name. B. Husband - 1. All debts incurred by Husband since the parties separation. 2. Any loan on the automobile titled solely in husband's name. 3. All credit cards in his name. 13. LEGAL FEES Each parry is responsible for their own legal fees with respect to this matter. 14. ALIMONY Both parties acknowledge and agree that the provisions of this Agreement providing for 4 equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for alimony pendente lite or alimony. Initials 4o U, 15. PENSION PROGRAM Each party hereto shall maintain sole ownership over his or her individual pension plan, profit sharing or similar retirement plan acquired individually or as the result of contributions by his or her employer. Wife hereby releases any interest that she has in the retirement benefits of Husband accumulated as the result of his employment and any other additional benefits he may have accrued. Husband hereby releases any interest that he has in the retirement benefits of Wife accumulated as the result of her employment and any other additional benefits she may have accrued. This waiver is a full and complete discharge of each parties' marital claim. 16. MISCELLANEOUS All assets including, but not limited to, savings accounts, checking accounts, certificates of deposit, life insurance policies shall be the sole and separate property of the title holder of said asset. The life insurance policies currently established with Ohio National Life with coverage of $300,000.00 per party shall remain as is with the understanding as follows unless otherwise agreed to by both parties: A. Crystal L. Mahoney shall retain Andrew T. Mahoney as sole beneficiary until the parties youngest child turns eighteen (18) years old. Once the youngest child turns eighteen (18) years old the beneficiary may change to whomever Crystal L. Mahoney chooses. B. Andrew T. Mahoney shall retain Crystal L. Mahoney as sole beneficiary until the parties youngest child turns eighteen (18) years old. Once the youngest child turns eighteen (18) years old the beneficiary may change to whomever Andrew T. Mahoney chooses The parties believe and agree, that the division of property hereto made by this Agreement is a non-taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. 17. GENERAL PROVISIONS A. 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 parry may be responsible or liable except as may be provided for in this Agreement. Each parry agrees to indemnify or 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. B. WARRANTY AS TO FUTURE OBLIGATIONS - Wife and Husband each covenant, warrant, represent, and agree that each will now and at all times hereafter save harmless and keep the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. SEVERABILITY - 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. Likewise, the failure of any party to meet his or her 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. D. OTHER DOCUMENTATION - Wife and Husband covenant and agree that they will forthwith execute any and all written assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. E. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parities, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. F. 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. G. MUTUAL COOPERATION - Each party shall, at any time and from to 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. H. LAW GOVERNING - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 1. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. J. NO WAIVER OR 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 breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or 6 referenced and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise provide, each party may dispose of his or her property in any way, and each parry hereby waives and relinquishes any and all rights he or she may have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, courtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or executor of the others estate, and each party will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. M. ATTORNEY'S FEES FOR ENFORCEMENT - In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay for all reasonable attorney's fees, court costs, and expenses incurred by the other party in enforcing the Agreement. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed and sealed this Agreement on the day of M Gr Lh , 2007• In the presence of 4 Cti -i CRYSTAL L. MAHONEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-466 ANDREW T. MAHONEY, Defendant : CIVIL ACTION -LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, Andrew T. Mahoney, hereby certify that I have received a service of the Complaint filed in the above captioned matter on the .2 7 day of January, 2007. V Date Andrew T. Mahoney a te y; , ?. .. ce ? ? -. . ,.i ?. . . . CP CRYSTAL L. MAHONEY. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-466 ANDREW T. MAHONEY, , Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1 • A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 22, 2007. 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. 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.A. Section 4904,relating to unsworn falsification to authorities. Date: 4.Crystt Mahoney, Plaintiff 4 C-1 CRYSTAL L. MAHONEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ANDREW T. MAHONEY, : NO. 07-466 Defendant : CIVIL ACTION - LAW : IN DIVORCE I • I consent to 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 a 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.A.Section 4904 relating to unsworn falsification to authorities. Date: C tAL.M o ney, Plaintiff C- 5111 C-D 1 CRYSTAL L. MAHONEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-466 ANDREW T. MAHONEY, Defendant : CIVIL ACTION - LAW IN DIVORCE 1. I consent to 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 a 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.A.Section 4904 relating to unsworn falsification to authorities. 000, Date: 3 --c-D C) Andrew T. Mahoney, Defendant ?°; +v ?-;: ?:: ..r Y- ?, -;? , ,:' .. r- -,.? --,F ,.. -: .; ,- ?. ? _,_, _?_ ,. ..,? CRYSTAL L. MAHONEY. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-466 ANDREW T. MAHONEY, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 22, 2007. 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. 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.A. Section 4904 relating to unsworn falsification to authorities. Date: -) drew T. Mahoney, efen ant c` K>t 3 C Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrel C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mp ky oshAdcdlaw.net Attorney for Plaintiff CRYSTAL L. MAHONEY : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE ANDREW T. MAHONEY : NO. 07466 CIVIL TERM Defendant : 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 Section (x) 3301 C ( ) 3301 D of the Divorce Code. (Check applicable code) 2. Date and manner of service of the complaint: Hand Delivered on January 27, 2007 Certificate of Service was filed 3. (Complete either paragraph (A) or (B).) (A) Date of execution of the Affidavit of Consent required by Section 3301 (C) of the divorce code: By Plaintiff 01-14-08; by Defendant 01-14-08. (B) (l) Date of execution of the Plaintiff's Affidavit required by Section 3301 (D) of the Divorce Code: N/A; (2) Date of filing and service of the Plaintiff's Affidavit upon the respondent N/A. 4. Related claims pending: Economic claims raised have been resolved through the Marriaee Settlement Agreement dated March 12, 2007, 5. (Complete either (a) or (b).) (A) Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: (B) Date Plaintiff's Waiver of Notice in § 3301 (c) Divorce was filed with the Prothonotary: 01-16-08 Date Defendant's Waiver of Notice in § 3301 (c) Divorce filed with the Prothonotary: 01-16-08 ichael J. Py s , squire Law Office o D ell C. Dethlefs 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 ? ra cx " F7 ? t, x.. Cra ?C r1o FrI M tts fir, ?z e? N CP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. C2y.6&i L. Mahoney, .ea.i n,t ill VERSUS ,4nclR?pzw 7. Oahorzey, Relenclan.t N O. 07-466 C.ivii 7vAm DECREE IN DIVORCE AND NOW, ?riGrz,?, 2008 , IT IS ORDERED AND DECREED THAT Q-y,3?tce L Nahoney PLAINTIFF, AND flnrLrc? 7. 8ahoney 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; ,4" economic c aim.6 have .been ?sztt -ed ey wa tten agAzement dated Nalcch 12, 2007. The -telzm,3 and cond i,t_i.on,3 o l .the Mavz-i.age Sege` wjzY- AgAeemen f Iiied in .th.i_,6 ma-ttelc ?haU e.e rnco zpo zatecL into but zha U no•t Lz me2ged .into .tiu.,s Deer ee. BY THE COURT: ATTE ` J PROTHONOTARY ,Ogv? -?o /v7~ -,?v ', - , , a