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Home My WebLink About09-5745CONSTANCE M. MALLIOS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. v > - 5-? v y(? 7e - NICKOLAS J. MALLIOS, Defendant 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 Telephone: (717) 249-3166 CONSTANCE M. MALLIOS, Plaintiff vs. NICKOLAS 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. CONSTANCE M. MALLIOS, Plaintiff vs. NICKOLAS J. MALLIOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. G? ?/ 5 7y 5' ?Cr f / IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, CONSTANCE M. MALLIOS, by his/her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is CONSTANCE M. MALLIOS, an adult individual who currently resides at 6 Triplett Court in Dillsburg, York County, Pennsylvania. 2. The Defendant is NICKOLAS J. MALLIOS, an adult individual who currently resides at 18 Parker Spring Avenue in Carlisle, 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 September 1984 in Boiling Springs, 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. COUNT II - EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 9. 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 III - COUNSEL FEES AND EXPENSES 10. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 11. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 12. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Plaintiff prays this Honorable Court- to order Defendant to pay the legal, fees and expenses incurred by Plaintiff in this litigation of this action. uel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`h Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 9. Q C%C CONSTANCE M. MALLIOS VOTARy ad ?. 3 Pd l G G., D U a,.,Cd 6z"- ,t ) 405 0 CONSTANCE M. MALLIOS, ) Plaintiff ) VS. ) NICKOLAS J. MALLIOS, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. oq- 57 y5 ? - T;:-IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in early September 2004, and have continued to live separately and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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. c Date: /.QQ ac& CONSTANCE M. MALLIOS FILED--Qt=FICE OF THE PPnTL rv,) TARY 1009 AUG 20 Ah 8: 39 !J ?-?. cGc. ?u? k4p , 17 0 a U V C /J /7a/9 Sheriff s Office of Cumberland County R Thomas Kline ~~~°~! '. 1 ~ `~~ OF ~ P ~~;~ ' ~ ~ ~;~~T~~?Y Sheriff ~a~at~ ~~ ~nin(~rr~~~~h ~i ~C Ronny R Anderson ., ,,, ~,, Chief Deputy ~ _ ~~~~ 5~~~ '" ~ ~i'i .3• Li ~ ~' '~~. Jody S Smith E. -~-y Civil Process Sergeant F' `~ ~ " ~' `~ ~r ~iFF C't.?~Jl ~~`~ ~ ~ ~ Edward L Schorpp Solicitor Constance M. Mallios vs. Nickolas J. Mallios Case Number 2009-5745 SHERIFF'S RETURN OF SERVICE 08/29/2009 01:53 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 29, 2009 at 1353 hours, he served a true copy of the within, Complaint and Notice upon the within named defendant, to wit: Nickolas J. Mallios, by making known unto himself personally, at 18 Parker Spring Avenue Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.84 SO ANSWERS, August 31, 2009 R THOMAS KLINE, SHERIFF ~ %~4~~, Deputy Sheriff 1 ~ iY:_ .. CONSTANCE M. MALLIOS, Plaintiff 2Q10 ~~t~l'~ t ( t i"'1 ~C.~ ~~ ~.. ,) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NICKOLAS J. MALLIOS, Defendant CIVIL ACTION -LAW NO. 2009-5745 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on20 August 2009 and served upon the Defendant on or about 29 August 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: `-~~~~_ CONSTANCE M. MALLIOS 'J ~f C 1'i~i'..1~ ,.i~u-,I~ti~ 1 Z~~QF1t~~ ~ ~ ~I~~~ ~$ C~1~1 :::' _. ~.., ' i . ~,. ~~, CONSTANCE M. MALLIOS, ` ' '''' ' ~'' `' ~' IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION -LAW NICKOLAS J. MALLIOS, ) NO. 09-5745 CIVIL TERM Defendant ) IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 20 August 2009 and served upon the Defendant on or about 29 August 2009. 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 e~:penses 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. pL •l/ ~C~~ Dated: NICKOL . MALLIOS CONSTANCE M. MALLIOS, '~ I Plaintiff vs. NICKOLAS J. MALLIOS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.09-5745 CIVIL TERM IN DIVORCE TO THE PROTHONOTARY: PRAECIPE Please withdraw all economic claims previously raised in the above matter by the Plaintiff Constance M. Mallios. Date: 11 February 2010 Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 c> N c ~: - . ~~ _~ ' yJ _ --i -~~ ~ --J -C F~LL~~~al~! 14,1 2610 ~3r~1 I I ~,`~ 12~ ~ 9 CONSTANCE M. MALLIOS, Plaintiff vs. NICKOLAS J. MALLIOS, Defendant Cull ;),, , _; r ~I~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-5745 CIVIL TERM IN DIVORCE TO THE PROTHONOTARY: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Grounds for divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Affidavit of Service indicating service on or about 29 August 2009. 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: 11 February 2010 by Defendant: 11 Februar~2010 Code: (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None 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 Section 3301(c) Divorce was filed with the Prothonotary: Dated 11 February 2010 and field contemporaneously herewith. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Dated 11 February 2010 and filed contemporaneously herewith. __~ Date: 11 February 2010 By Samuel L. An s Attorney for Plaintiff Supreme Court ID # 17225 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CONSTANCE M. MALLIOS, Plaintiff ) NO. 09-5745 CIVIL TERM vs. ) NICKOLAS J. MALLIOS, ~ IN DIVORCE Defendant ) NOTICE TO RESUME PRIOR SURNAME NOTICE IS HEREBY GIVEN that CONSTANCE M. MALLIOS, Plaintiff in the above matter, [select one by marking "x"]: V prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of CONSTANCE M. W ILLIAMS, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: 2 ~( C~ ?,~ ?-7 (~? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ( SS.. /-~ ~ ~, CONSTANCE M. MALLIOS Signature of name being resumed CONSTANCE M. W ILLIAMS On the c~/~ day of~j , 2010, before me, the undersigned officer, personally AN M. MA'LLIOS known me or satisfactoril roven to be the erson whose appeared CONST CE ( y p ) p name is signed to the within Notice to Resume Prior Surname and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL pudic v/ ,j ~~ !'~ AMY M: ~A41<4NS, N°t~~ otary blic Lemoyne Boro., Cumberland County p r.. f`nrnr-;cr, fits Fy,~irnM ~ ....__._.~... ~E(,~~_ r"~, •r 7~ ~~~-z-~.nr..,;~~T~,FY 1110 f lr'ii\ ~ ~ ~~ ! • UL C~ ,~, vto _ .j'~l'~.• r~;. ,.,, y .. ~ 3 ~ ~3