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HomeMy WebLinkAbout97-00088 " {) .~ ~ - .... 'l ~ .., ). ,~ .. -. - G ~ ( ~ I~ , ::l '- I (. ,C> < ..( ! ~ t \ , .I/#~y utA" {'~/" .41.4 ~ ~~ ,'I t! (;U '71tYt~ I~ 2' df tl.'i->1 a.k 111:1111.1111"', tJdllk d('(:OIIIlL:i ,1I1d tet i rt.~mPllt ,lccounts. Wi te "1""'11 \1',11 ly w.liv":l ,lilY intereut or' right uhe may have to the '1'''''111:11 "1'11 i"'lwion of 1I11Bband. All otlwr property haB been amicably divided. ("n The part ies agree that legal custody of their minor chi ld, Itlaiah J. Mallin, shall be joint, with both parties having the dght to make majcr parenting decisions affecting the children's health, education and welfare. Primary physical custody of the child shall likewise be joint and each parent shall be awarded equal time with said child, the dates and times to be decided by mutual agreement of the parties, and holiday days to be divided equally. (8) Both parties hereby waive any right to child support and maintenance of their minor child. However, the parties mutually agree that Husband will provide medical coverage for the benefit of the child and Wife hereby agrees that upon Husband's request, she will be responsible for one-half of non-covered or extraordinary medical or dental expenses for said minor child. Husband shall be entitled to claim the child as a dependent for his fed",ra:'.. income t.ax pv:.pOs~l" SAlOIS. .HUFF & MASLAND A~AT-u.W 16 W. HI&!> SU'" c..tllll., PA (9) Neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. 3 (10) '1'11,' I'd" iI''' d() 1I"ld,y Wd'Tdlll, "'1'1":;"111, ,lCkllowl..d(I" I. ~ J and ,It] I',,!> tlldL ",,,-,11 in tully d'HI cnlllpl..tfdy illlonned at, alld i:; familial' with, till' w"dlLII, u"d ,1I1d penlon,ll property, e:;tate dnd " assetn, earningH and i ncom.. of the otlH'r and Lllat each has made a full dnd complete disclosure to the other ot his and her entire assets and liabilities and any further enumel'dt:ion or statement thereof in this Agreement is specifically waived. (11) Husband and Wife acknowledge that each of them has read and understand his and her rights and resp'msibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (12) It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims which have been raised or may be rai!:led in .\n action for divorce. (13) Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, SAlOIS, :HUFF & MASLAND ATTOIJrEYS-AT-tAW 16 w. 11I&1> Sir'" Clrlblt. PA representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: 4 ^, ^Il Il.dlllll y. ('1.1il1l:i, ('.Ill:;":; ld .}('lll)lI, CLll1ldtjP!;, J i' , ('unl n, ('Olltllhlll iOIl:;, ('XP('Il:H':J tll' dt'm.llld:: wlldt:iG(~v(~r ill Idw OJ" in t!quitYj ! B. All I iqllt.n, t.itle, int.en"lt 01' cl.limn in 01' to any pl"operty of 11\1, ollwI', whethel" real, penJOnal 01: mixed and whether now nWI1Pci OJ het'parter acquir(~dj C. All riglltn of curtesy and dower and all claims or rights in the netllt"" of. curtesy and dower; D. All widow or widower's rights; E. All rights, title and interest or claims in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any ath,,'- t':oltntt'y, t~;-rit:cry I state or political subdivision. F. All rights or claims to any accounting; SAlOIS. iHUFF & MAS LAND ATmlM:1'I-ATot.AW 16 w. 11I&11 Sir'" C.ulblC!.PA G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; 5 II. ^ll r Illli! ::1 ('Idilll:;, dl'1II.1I1d~i, Ildbi I il i":l dlld obliq.lIiOll:l oil i:lill,! 11IIdl'I Iltl' plovi'lillll:l III I hI' 1'1'1I11llylvdlli.l DivotTI' COdl', ^el )(, 01 l'JIlO, ,Ul t.I\I' ll,lml' may be ,lI11(,lIded from time 10 lIlliI', dlld 1I11dl'r till' pnlViuiolln of allY uimi lar statute ellaetl'd by ,lilY otlll~r country, ntat.., territory or political nllbdivinioll; 1. ^ll rightu, claimu, demando, liabilities and obligatio:1s each party now holO, or ma" hereafter ha':e, against or with respect to the other. (14) This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (15) In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce a:;d sh311 be f>~ltirel~1 ind-=pcndent th-=r-=cf. (16) In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist SAlOIS. ,HUFF & MASLAND A~AT-t.AW 16 W.III&h Sir'" Cull.lt, PA in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees, court costs and expenses incurred by the other party in enforcing the Agreement. 6 (1'/) Till:; ^<l,t.t'llH'111 ('(JI1:11111l1I':: Ill,' t'lll il(l Illldl.t::ldlldiwJ $ r bl'twI'('J1 lilt' pdl1 II':; oIlld t.hen' .ln' 110 {'oVPIl<ll1l:;, condition:;, }'('prf':Jt'llt .It ion:;, or dCjt'l'l'l1lPIlf.:l, orill or WI'it 1:('11, of tiny n,ltun~ whatnoeve1', oth"I' I han thane herein contained. (18) This ^']l'eemenl nh.]] 1 bind the part ien he1'el.o, their reHpect ive hpi rn, (~Xl~C'utnrn ilnd dnniqlHJ. IN WITNESS WHEREOF, the [lar-tien hereto intending to be legally bound have hereunto set their hitnds and seal3 "he d:lY ;;nd year first wricte~ abov~. ,I L, Mallin l!llitl- 5r Wlt s ~ SAlOIS, .HUFF & MASLAND A~Aftt.AW 16 w, 1lI&h Slim C.rllal., PA 7 u .....'.........' .~JdH, O/..H:.n~n.,~ ,;, UU ,'.. ....' ':-~' . ,"'~":~_ .L:~' _ _ ' ': I ' _ , ',,/- -,-,,' ' . . ". --,T-.~.' - ~ ,'" ' .: . '_~_' . %J.- ", . -'- , ,--'.':,-, ..; . '- . ., . ' . " ,.-":: - ;,~~: '. ' _::.,,~~- .....:'; S,," <" ,-- : ,~i< , ..~::~?:~"~if':. ..... .' ,; c' '.: :;::,.: --., " d'~,:,-o., __. "",.':". , ,: ',-,i,__ ", . ,~.,. . " ,',',i':- -,,:~ '. ' ,~ i.' -----""-, ,..,'.'.':h; ~ " :'" ,Co: .,' :- .,--, ":' ;:;- '-'. "" ".,' :, :" ',--;': ..'-' "" ,<., .~, ,;j:f;,.r:: c )~ ie;' " ': ,/" ,":' ;': ,', ::'- " ,.;~.. 'i'-, <" 'c> '.-- "i ,::;,~,,',:":'-:,\., --:: .;,',,:- '::-'; ","'" '>,-li..:.-;'.:''-;,,; ',', ""-'- ,~[:,:"'__: i, -'c ':"'.' \0. 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',:,{:; :::~\1~ ~) I~~~ -,;' " ,::,i:::; J r , J:' f I I t ~ r I KRISTINA LEE MALLIN. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, , ' MARK HUGH MALLIN. Defendant CIVIL ACTION LAW NO, 97,88 IN DIVORCE a v.m. AFFIDA VIT OF CONSENT I, A Complaint in divorce under Section 3301 (c) and (d) ofthc Divorce Codc was filed on January 7. 1997 and servcd upon Defcndant on January 9, 1997. 2. The marriage of plaintiff and defendant is irrctrievably broken and ninety days have elapsed from the date of filing and serviceofthc Complaint. 3. I consent to thc cntry of a final decrce of divorcc afier service of notice of intention to request entry of the decrec. 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, Date:~ /)fKUmt'nt II: 1I8j76 1 t { . KRISTINA LEE MALLIN, I'laintill' COllRT OF (:()MMON I'LEAS ClIMHERLANU COLJNTV,I'ENNSVI:V ANIA v. MARK HLJGH MALLIN, Iklcndant CIVIL ACTION LAW NO, In,!!!! IN DIVORCE a \',m, AFFIDA VIT OF CONSENT I. A Complaint in divorce under Section 3301 (c) and (d) of the Divorce Code was filed on January 7, 1997 and served upon Defendant on January 9, 1997. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit arc true and correct. I understand that false statements herein arc made subject to the penalties of 18 Pr<.C.S. ~ 4904 relating to unsworn falsification to authorities. Date:~ rJil!?j~;1 MARK MALLIN /)ocum('nt II. ]}!Ij./R J ~ . , KRISTINA LEE MALLIN, Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MARK HUGH MALLIN, Dcfcndant CIVIL ACTION LAW NO, 97,88 IN DIVORCE a V.III. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER !i 3301 (e) OF THE DIVORCE CODE J. I consent to the entry of a final decree of divorce without notice. 2. I undcrstand 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 enlered 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. Date: '.:\bo\o~ /JOC'1IMtfll M' ]18$761 v, COURT OF COMMON I'LEAS CUMIJERLANI> COUNTY, I'ENNSYLV ANIA CIVIL ACTION - LAW NO, 97,88 KRISTINA LEE MALLIN, Plaintitl' MARK HUGH MALLIN, Defendant IN DIVORCE a v.m, CERTIFICATE OF SERVICE AND NOW, this 2r;'~ day of March, 2002, I, Melissa L. Van Eck, Esquire. of Metzger. Wickersham, Knauss & Erb, allomeys for Dclcndant, Mark H. Mailing, hereby certify that I served a copy of the Praecipe to Transmit Record this day by depositing the same in the United States mail, postage prepaid. at Harrisburg, Pennsylvania, addressed to: Kristina L. Mallin 194 H Perry Manor Newport, PA 17074 Plaintijf METZGER, WICKERSHAM, KNAUSS & ERB '--~';Vp iJ \h~ ~bl, Melissa L. Van Ec ,EsqUIre Allomey Id. 85869 3211 North Front Street PO Box 5300 Harrisburg, PA 17110-0300 (717) 238,8187 AI/orney.filr De.f;!I1dan/ Mark Mallin Dale: March X2002 " /)onmlt'''' Is ~ JtlJ 77. / (J~ ;;:) "" iT,; Lf) >- l(J ~ ,.... ,-- J- .. >~ ~ ~~: N -:)~ .............. -..... (., ... ~L ,~ ::~~~ "- f"'-.. ," I 1.3- rI\ c. r- ~ ~ L, I .: (I) .-.::J "Q - ~ I ' _.... .);< 4 ~ ....... ." '.:)iCl .... l'- r-:" ." -; l' 1 u.. f'-' ~ u_ ..i~ 0 r- :J Vo 0' 0 \:5 ~ ~~~ - ,.'-. --: .... '"w" .. .. ~. . , JIL~ A. McCRACKEN 552 Ch tto..,.y At Law Chamt>ors:;,t>orsbUrg TNst B1dg, (7~)~~~~~nia 17201 ,r '. IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA Cumberland County Kristina Lee Mallin, Plaintiff Civil Action - Law vs, No, ? 1 - JJ (/ ( ,l( ( Mark Hugh Mallin, Defendant In Divorce a v,m, 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, Cumberland County Courthouse, Carlisle, 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Court Administrator, 4th Floor, Cumberland County Courthouse Carlisle, I' A 17013 (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the Court, You must attend the scheduled conference or hearing, IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA Cumberland County Kristina Lee Mallin, PlaintilT Civil Action - Law vs, No, 't''l' S j (';'l,J ~,~ Mark Hugh Mallin, Defendant In Divorce a v.m, COMPLAINT NOW comes the plaintilT and for cause of action against the defendant says: COUNT ONE DIVORCE - NO FAULT I. PlaintilT is Kristina Lee Mallin, who resides at 207 Ridge Road, Carlisle, Cumberland County, Pennsylvania since 1985, 2, Defendant is Mark Hugh Mallin, who resides at 207 Ridge Road, Carlisle, Cumberland County, Pennsylvania since 1985, 3, PlaintilT has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this complaint. 4, The plaintilT and defendant were married on November 25, 1988 in Gettysburg, Adams County, Pennsylvania, 5, There has been no prior action for divorce or annulment between the parties, 6, The marriage is irretrievably broker.. 7, The plaintifl'has been advised of the availability ofeounseling and that the plaintiff may have the right to request that the Court require the parties to participate in counseling, 8, Plaintiff requests the Court to enter a decree of divorce. Respectfully submitted, 1'( (. , / : 'I ( >-1 1:.' ~ I <.. '(. r (., / 10; t ;.. L"~ --,- JfiI A. McCracken Attorney for Plaintiff I verilY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities, I - ,-:; ,'j '7 Date ^ , . f! {!;/, \. SAIDIS, SHUFF & MASLAND ^TTOR~"[VS.AT.[..\W 26 W, IIIgh S".., Carlisle. PA IN THE COURT OF COMMON PLEASE OF THE gru JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND KRISTINA LEE MALLIN, Plaintiff CIVIL ACTION LAW V, NO. 97-88 MARK HUGH MALLIN, Defendant IN DIVORCE a v.m. DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND ~';.~.lVEr\ 6r~ l~C/.:'lCE Ot IhTEi/rl(:'i~ ',i'C h~QUE;~T ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 1, 1997. 2. Defendant acknowledges and accepts service of the Complaint on January 9',1997, 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not clai them before a divorce is granted. 6. 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 De s~nL tc I~le iiilr:'i.:::J":'dtLl~/ 6f:~::r it i.s ::::~c:~ ~:.:~h the Prothonot2.ry. 7. I have been advised of the availability of marriage counselling and understand that I may request that the court require counselling. I do not request that the court require counselling. 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 0:' 18 Pa. C,S. Section 4904 relating to unsworn falsification t:::, authorities. i , 7) 1 , DATED: ') l;) 1777 )'/ f ' . "J1 ',; ~U~II ' , --'-'- Mark Hugh, allin, Defendant 1 r t KRISTINA LEE MALLIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MARK HUGH MALLIN, Defendant CIVIL ACTION LAW NO. 97,88 IN DIVORCE a v.m, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER ~ 330J(c) OF THE DIVORCE CODE I. 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, 3. I understand that I will not be divorced until a divorce decree is entered by the I l i I I I l I : lawyer's fees or expenses if I do not claim them before a divorce is granted. 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. Date: ?"h,o\o"J. ~ Kr' tina Lee Mallin l)ocumrnl N' 1/8r'61 ! KRISTINA LEE MALLIN, Plaintiff v, MARK HUGH MALLIN, Defendant IN TilE COURT OF COMMON PLElIS OF CUMBERLAND CO~NTY, PENNSYLVANIlI CIVIL ACTION - LlIW IN DIVCRCE 97'88 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of October, 2001, in the case of Mallin versus Mallin at No. 97'88 Term, and it appearing that docket activity has recently occurred in the case, the case is stricken from the purge list and shall remain active. Jill A, McCracken, Esquire 80 N. Second St. Chambersburg, PA 17201-1819 For the Plaintiff Mark Hugh Mallin, Defendant 207 Ridge Road Carlisle, PA 17013 pcb By the Court, ~, Jr" J, ~ ~~ ~o ,-,0\ \.... \\,')..\1 Pro se () C.l :0.1 , C, .~ ""(~ i ) ~)l. -- l'~ '. ',;) ,-' , ..-:"' 'I':': , , . :( ,. ;.} Yt . :'l ? -. . ',';., , t) ".