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HomeMy WebLinkAbout08-1448w TAMMY L. MALLIOS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Defendant PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 08- /V VF- Chu,-Z( , JOHN J. MALLIOS, 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 foregoing 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 in 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: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 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, PA 17013 Telephone: (717) 249-3166 'ALI TAMMY L. MALLIOS, ) Plaintiff ) VS. ) JOHN J. MALLIOS, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED 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 days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. TAMMY L. MALLIOS, Plaintiff VS. JOHN J. MALLIOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0,?_ l yy? IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, TAMMY L. MALLIOS, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is TAMMY L. MALLIOS, an adult individual who currently resides in Cumberland County, Pennsylvania. 2. The Defendant is JOHN J. MALLIOS, an adult individual who currently resides at 3967 Brookridge Drive in Mechanicsburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 19 February 1984 in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. .•. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. ue L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 h t th tatements made in this Complaint are true and correct I verify t o e s understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: TAMMY L. LLIOS w TAMMY L. MALLIOS, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-1448 CIVIL TERM JOHN J. MALLIOS, DEFENDANT IN DIVORCE ACCEPTANCE OF SERVICE I, JOHN J. MALLIOS, hereby accept service of the original Complaint in Divorce and acknowledge receipt of a copy of the Complaint. Date: O g JOHN KMALLIOK C:% ? ? _? S'N ? 6`? ? i'! ? ' ?..'b" ^? ??. ?J ».? ? ? - v _. ?u L,?..+ ? .. .. v. ?,.?.? '?. ..t} .??.?' TAMMY L. MALLIOS, Plaintiff vs. JOHN J. MALLIOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1448 CIVIL TERM IN DIVORCE PLAINTIFF'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: COUNT 1- EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - ALIMONY 2. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 5. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 6. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV - COUNSEL FEES AND EXPENSES 7. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 8. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 9. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiffs attorney and the expenses of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in the litigation of this action. I L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this Petition for Economic Relief are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: Tammy L. Y9, Fs Vat V 'Yr F vi w P C? r_. TAMMY L. MALLIOS, Plaintiff VS. JOHN J. MALLIOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1448 CIVIL TERM IN DIVORCE PLAINTIFF'S MOTION TO COMPEL ANSWER TO DISCOVERY AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and files the following Motion to compel the Defendant's answer to Plaintiff's Request for Production of Documents and Things, based upon the following: The moving party herein is the Plaintiff. The responding party herein is the Defendant. 2. To Plaintiff's knowledge, Defendant is not represented by counsel. 3. On 27 January 2009, Plaintiff's counsel served upon Defendant, by regular mail, a Request for Production of Documents and Things. A copy of the Request is attached hereto and marked as EXHIBIT A. 4. Plaintiff's counsel is aware that Defendant received the Request because Defendant called Plaintiff's counsel upon receiving it and advised Plaintiff's counsel that he had previously provided certain tax returns directly to Plaintiff. 5. Defendant, through Plaintiff personally, has provided to Plaintiff and her attorney copies of the parties' personal tax returns for 2006 and 2007 and copies of the partnership tax return for Mallios Real Estate for the years 2005, 2006 and 2007. Otherwise, Defendant has not produced any of the documents described in Plaintiff's Request. 6. To date, Defendant has not produced any of the documents other than those listed in the preceding paragraph, has not filed an answer to Plaintiff's Request, and has not filed any objections to Plaintiff's Request. 7. Plaintiff is entitled to the documents she has requested and cannot prepare this case for negotiation or litigation, or take steps to protect her interests in marital property without the documents. As a result, Plaintiff is being serious prejudiced by Defendant's failure to comply with Plaintiff's Request for Production. 8. No prior Judge has been involved in this case or has entered an order in it. 9. Defendant does not concur in the relief requested in this Motion. WHEREFORE, Plaintiff moves this court to issue an order compelling the Defendant to produce the documents within ten (10) days of service of the order. S 1 L. Ande Attorney for Plaintiff Supreme Court ID 17225 525 North 120' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). Date: U !? 9 L. And CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon the Defendant herein by regular mail, postage prepaid, addressed as follows: Mr. John J. Mallios 3967 Brookridge Drive Mechanicsburg, PA 17055 /7 Date: ? April 2009 OYw--M-\:kb A ."' Amy Varkins retary for Samuel L. Andes EXHIBIT A TAMMY L. MALLIOS, Plaintiff vs. JOHN J. MALLIOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1448 CIVIL TERM IN DIVORCE REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS TO: Mr. John J. Mallios 3967 Brookridge Drive Mechanicsburg, PA 17055 You are requested, in accordance with Pa. R.C.P. 4009, to deliver to the office of the undersigned at 525 North 12'hStreet, Lemoyne, Pennsylvania, or otherwise make arrangements reasonably satisfactory to the undersigned, for his inspection or examination, copies of the following documents, articles, and things, within twenty (20) days of the date of this Request. For purposes of this Request, all computer records and information available on computer records or within computer programs, should be included within the Request for Production. That is, this Request is not limited to documents or "hard copies" of records, but should include computer records, tapes, disks, and other media as well as paper documents. 1. Copies of your personal tax returns for calendar years 2003 through 2006. The tax returns should include copies of all W-2 Statements, K-1 Schedules, 1099 Statements; or other documents which reflect income reported on the return and the copies you provide should be accurate copies of the returns as actually filed. -2. When available, or when prepared, whichever first occurs, a copy of your 2008 tax return, in the final form in which you intend to file it, together with all W-2 Statement, K-1 Schedules, 1099 Statements, and other documents that reflect income as reported on the return. Page 1 of 4 3. A copy of any partnership agreement or other agreement among the partners in the partnership known as Mallios Real Estate, together with all amendments or modifications of such agreement. 4. Copies of the federal income tax returns filed by Mallios Real Estate, for the years 2002 through 2006, together with all K-1 Schedules filed with the return. The copies you provide should be copies of the returns as actually filed. 5. When available or when filed, whichever first occurs, a copy of the final federal tax return foe 2008, for Mallios Real Estate, together with all K-1 Schedules. The copy provided should be an accurate and complete copy of the return as filed. 6. A copy of any partnership agreement or other agreement among the partners in the partnership known as T & J Partnership, together with all amendments or modifications of such agreement. 7. Copies of the federal income tax returns filed by T & J Partnership, for the years 2002 through 2007, together with all K-1 Schedules filed with the return. The copies you provide should be copies of the returns as actually filed. 8. When available or when filed, whichever first occurs, a copy of the final federal tax return foe 2008, for T & J Partnership, together with all K-1 Schedules. The copy provided should be an accurate and complete copy of the return as filed. 9. Copies of all W-2 Statements and 1099 Statements you received which reflect income received by you in tax year 2008. 10. Copies of monthly statements and the check registry, or whatever other form you used to keep track of deposits and disbursements, for any checking account or other bank account into which you make regular deposits or from which you pay expenses, for the period 1 January 2004 to the present. 11. Copies of statements showing the balance and activities in any and all accounts you hold, or anyone else holds for your benefit, in any financial institution, including, without limitation, 401 (k) Plans, individual retirement accounts, savings accounts, mutual fund accounts, stocks, bonds, or the like, for the period 1 January 2004 to the present. 12. Copies of statements showing the activity in and charges on all credit card and other credit accounts you have used for the period 1 January 2004 to the present. Page 2 of 4 13. Copies of the annual statements reflecting the balance owed at year end, payments made-during the year, and other information regarding any mortgage, commercial loan, or other obligations which you owe, individually or with any other party, for the period 1 January 2004 to the present. 2"Z?-a- SamueTI-Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12"' Street Lemoyne, PA 17043 (717) 761-5361 Page 3 of 4 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon the Defendant herein by regular mail, postage prepaid, addressed as follows: Mr. John J. Mallios 3967 Brookridge Drive Mechanicsburg, PA 17055 Date: January 2009 Amy Harkins lecretary for Samuel L. Andes Page 4 of 4 FILFT --C, :RICE C 1i 200, 9 Ar`R, 21 -2 A, i 9: 22 TAMMY L. MALLIOS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOHN J. MALLIOS, Defendant NO. 08-1448 CIVIL TERM ORDER OF COURT AND NOW, this 27t' day of April, 2009, upon consideration of Plaintiff's Motion to Compel Answer to Discovery, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of the date of t his order. BY THE COURT, Samuel L. Andes, Esq. 525 North 12`l' Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Plaintiff John J. Mallios 3967 Brookridge Drive Mechanicsburg, PA 17055 Defendant, pro Se :rc ?/aZ?o9 esley Oler, r., J. y 't t' a d.?:._r 10 l HIJ LZ M 6602 I. I TAMMY L. MALLIOS, Plaintiff V. JOHN J. MALLIOS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-1448 CIVIL ACTION -LAW DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO COMPEL ANSWER TO DISCOVERY Defendant, John J. Mallios, answers Plaintiff Motion to Compel Answer to Discovery as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part; denied in part. It is admitted that Plaintiff is entitled to answers to her requests. It is denied she is being seriously prejudiced. It was Defendant's understanding that Plaintiff and Defendant were going to work out a settlement between themselves without involving attorneys. However, Defendant is making arrangements to provide full answers to Plaintiffs requests within the next two weeks. 8. Admitted. 9. Defendant will voluntarily produce the documents and no order to compel is necessary. By: JO ALL S 3967 Brookridge Road Mechanicsburg, PA 17050 (717) 728-3696 Dated: ? ? VERIFICATION I, John J. Mallios, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: 07 John J. lios CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document to the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by hand-delivering a copy of the same to the following: Samuel L. Andes, Esquire 525 North 12'h Street P.O. Box 168 Lemoyne, PA 17043 By: JQJ,W J. MALLIOS 3967 Brookridge Road Mechanicsburg, PA 17050 (717) 728-3696 Dated: ?_ C/ a FILED-CIFFICE OF THE AP,)T'H ,?NOTA,RY 2009 MAY I I PH 3: 16 ?iJ???+?.?',.fr`1 rrttvrff..FhhU1??T?1? Pc! ui'dtlJirE, vJ?hV?r? TAMMY L. MALLIOS, Plaintiff V5. JOHN J. MALLIOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1448 CIVIL TERM IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves this Court to make absolute its Rule of 27 April 2009, based upon the following: 1. In January of 2009 Plaintiffs counsel served a Request for Production of Documents upon the Defendant. The Defendant never responded to that request. 2. On 22 April 2009, Plaintiff filed a Motion to Compel Answer to Discovery. This Court, by the Honorable J. Wesley Oler, Jr., issued a Rule to Show Cause in response to that motion. The Court's Rule was issued on 27 April 2009 and was returnable 14 days after date. 3. Thereafter, on 1 May 2009, Plaintiff served a copy of this Court's Rule and the Plaintiffs Motion to Compel Answer to Discovery upon the Defendant by regular mail. Plaintiff attempted to serve copies of those documents upon the Defendant by certified mail, but Defendant refused to claim the certified mail documents. 4. Defendant finally, in late June, 2009, provided copies of tax returns for himself and two businesses in which he is involved, as had been identified in Plaintiffs Request for Production of Documents. 5. Defendant did not, however, provide all of the documents identified in the Request for Production of Documents, including, but not limited to, the following: A. Copies of partnership agreements for two business entities in which the Defendant is involved (identified in Requests No. 3 and 6). B. Bank account statements and check registers (identified in Request No. 10). C. Copies of statements of financial accounts held by or for Defendant (Request No. 11). D. Credit card and other credit account statements (Request No. 12). E. Mortgage statements to confirm the balance owed on any debts secured by liens against real estate (Request No. 13). 6. Defendant failed to file a formal answer to Plaintiffs Request for Production of Documents, as required by the Rules of Court. 7. Without the information which Plaintiff has requested, she and her attorney cannot evaluate this case for purposes of negotiation or to prepare for litigation. Defendant's failure to produce this information and to comply with the Rules of Court prejudice Plaintiff. 8. Defendant does not concur in this motion or the relief requested herein. 9. Prior orders in this matter have been entered by the Honorable J. Wesley Oler, Jr., Judge of this Court. WHEREFORE, Plaintiff prays this Court to make absolute its Rule of 27 April 2009 and order the Defendant to produce the documents listed in Plaintiffs Request for Production of Documents, supported by a verified answer, within ten (10) days of the date of this Court's Order. Samuel L. An s Attorney for Plaintiff I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 7 4 / 0 9 -?? Sa el L. Andes CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon the Defendant herein by regular mail, postage prepaid, addressed as follows: Mr. John J. Mallios 3967 Brookridge Drive Mechanicsburg, PA 17055 Date: -7 6 0 9 amuel L. Andes R.r r } F yr c?11 [ , JUL 0 9 2004 6 TAMMY L. MALLIOS, Plaintiff Vs. JOHN J. MALLIOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1448 CIVIL TERM IN DIVORCE ORDER AND NOW this ltt day of Tjk?A 2009, upon consideration of Plaintiffs Motion to Make Rule Absolute, it appearing that the Defendant has not responded to our Rule issued on April 27, 2009, we hereby make the Rule absolute and order and direct as follows: 1. Defendant shall produce the documents described in Plaintiffs Request for Production, which have not already been produced, within '20 days of the date of this Order. 2. Defendant shall serve copies of the requested documents on Plaintiffs counsel, supported by a verified answer to Plaintiffs Request for Production of Documents, within Zto,) days of the date of this Order. Distribution: uel L. Andes, Attorney for Plaintiff, P.O. Box 168, Lemoyne, PA 17043 J. Mallios, Defendant, 3967 Brookridge Drive, Mechanicsburg, PA 17055 C'e5 12.S 112;z t LqCL DV "rur r1f%1 IDT FILED -Ui-Til ? OF TNT R ?.',TLt >,j()TARY 2009 JU 10 PHI 1: 48 f"'1 IS i,_, ifl, 4r ?a1'l.i 0 uE t?? - J'" THE "A'Ry 2010 JAN 2S AN 11: 25 TAMMY L. MALLIOS, Plaintiff cu'v' VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1448 JOHN J. MALLIOS, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw all claims for economic relief, including claims for equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses previously filed by or on behalf of the Plaintiff in this matter. Samuel L. Andes Attorney for Plaintiff P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 _ ILE?D--;"'i, Th, oTARY TAMMY L. MALLIOS, Plaintiff VS. JOHN J. MALLIOS, Defendant 2010 JAN 25 AH 11: 2 5 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 4 March 2008 and served upon the Defendant on or about 12 March 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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. Section 4904 relating to unsworn falsification to authorities. / 7Z/a Dated: C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1448 TAMMY L. MALLIOS, Plaintiff VS. JOHN J. MALLIOS, Defendant 2010 JAN 25 AN 11: 2 6 1rU?ihr v% (ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1448 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 4 March 2008 and served upon the Defendant on or about 12 March 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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. Section 4904 relating to unsworn falsification to authorities. Dated: JO J. MA LIOS 7t=KE ?TARI? r f P? TAMMY L. MALLIOS, Plaintiff 2010 J A H 25 A.? 1 i s 5 2 Cl?ir?u.. ? aw ? PEN. ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. JOHN J. MALLIOS, Defendant TO THE PROTHONOTARY: CIVIL ACTION - LAW NO. 08-1448 IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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) 2. Date and manner of service of the complaint: Filed on 4 March 2008 and served upon the Defendant on 12 March 2008. 3. Date of execution of the Affidavit of Consent required by 3301 (c) of the Divorce Code: by Plaintiff: 7 January2010 by Defendant: 5 January 2010 4. Related claims pending: none 5. Date of Plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: contemporaneously herewith. Date of Defendant's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: contemporaneously herewith. Samuel L.'-Andes- Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMY L. MALLIOS, V. JOHN J. MALLIOS, DIVORCE DECREE AND NOW, 72-v. Z?7 , 2 o 10 , it is ordered and decreed that TAMMY L. MALLIOS, plaintiff, and JOHN J. MALLIOS, , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (if no claims remain indicate "None.") None NO. 08-1448 J. By the Court, r? ce.?- , ? ? . a?5? is i ? ?o ?