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HomeMy WebLinkAbout02-1363MARY SUSAN MCGRAW, NICHOLAS MAMONE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : No.O2--Igb3 CIVIL TERM : IN DIVORCE NOTICE 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 ~vithout 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 at the Cumberland County Court House, High and Hanover Streets, Carlisle. 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 TIdE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 MARY SUSAN MCGRAW, NICHOLAS MAMONE, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. O~-l,~.,..~ CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Mary Susan McGraw, who currently resides at 4738 Brian Road, Mechanicsburg, Pennsylvania 17050, Cumberland County, Pennsylvania, and has resided there since March 9, 2002. 2. Defendant is Nicholas Mamone, who currently resides at 43 Sunfire Avenue, Camp Hill 17011, since February 18, 1993, 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on January 1, 1996, at Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that 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. 10. marriage. 11. property. COUNT II Request for Equitable Distribution Under Section 3502 of the Divorce Code Paragraphs 1 through 8, of Plaintiff' s Complaint are incorporated herein by reference. Plaintiff and Defendant have acquired property, both real and personal during their Plaintiff and Defendant have been unable to agree as to an equitable distribution of said WHEREFORE, Plaintiff respectfully requests 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. COUNT III Request for Alimony Pendente Lite and Alimony Under Section 3701 and Section 3702 of the Divorce Code 12. Paragraphs 1 through 11 of Plaintiff's Complaint are incorporated herein by reference. 13. Plaintiff is unable to sustain herself during the course of this litigation. 14. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 15. Plaintiff requests the Court to enter an Award of Alimony Pendente Lite until final hearing, and thereupon to enter an Order of Alimony in her favor, pursuant to Section 3701 and Section 3702 of the Divorce Code. 16. Plaintiffrequires reasonable support to adequately maintain herself in accordance with the standards of living established during the marriage. WHEREFORE, Defendant respectfhlly requests the Court to enter an award of Alimony ?endente Lite until final hearing, and thereupon to enter an Order of Alimony in her favor, pursuant to Section 3701 and Section 3702 of the Divorce Code. ANDREWS & JOHNSON By:. ~ ~ffneys for Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 I verify 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. § 4904, relating to unsworn falsification to authorities. Date: MarjffSu I~l-c~3-raw'~Plainti~'~ - - MARY SUSAN MCGRAW Plaintiff NICHOLAS MAMONE Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COU ~TY, PENNSYLVANIA : CIVIL ACTION - LA~ : : NO.: 02-1363 CIVIL : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was file 2. The marriage of plaintiff and defendant is irretrievably broken and ~ from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service ofnoti entry of the decree. I verify that the statements made in this affidavit are true and correct. I: statements herein are made subject to the penalties of 18 Pa.C.S.§4904 r, falsification to authorities. June 21, 2002 Nicholas Mamon on March 19, 2002. aety days have elapsed of intention to request. nderstand that false ~'lating to unswom Defendant MARY SUSAN MCGRAW Plaintiff NICHOLAS MAMONE Defendant : IN THE COURT OF O : CUMBERLAND COUI : : CIVIL ACTION - LA~ : NO.: 02-1363 CIVIL TI : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DEC] UNDER § 3301(e) OF THI~ DIVORCE COI 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division ofp 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 enten a copy of the decree will be sent to me immediately after it is filed with' I verify that the statements made in this affidavit are tree and correct. I statements herein are made subject to the penalties of 18 Pa.C.S.{}4904 falsification to authorities. June 21, 2002 Nicholas Mamone )MMON PLEAS OF [TY, PENNSYLVANIA )peny, lawyers's fees or ,,d by the Court, and that aeprothonotary. aderstand that false lating to unswom Defendant MARY SUSAN MCGRAW Plaintiff NICHOLAS MAMONE Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-1363 CIVIL TERM : IN DIVORCE MARITAL SETTLEMENT AGREEMENT AGREEMENT, made this t'~'t~ day of April 2002, between Mary Susan McGraw (hereinafter called "Wife") and Nicholas Mamone (hereinafter called HHusband"). WITNESSETH: The parties hereto are Wife and Husband, having been married on January 1, 1996, at Harrisburg, Dauphin County, P.4. There were no children born of this marriage. Diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto desire to settle fully and finally their respective financial and p~operty rights and obligations as between each other, including without limitation: (1) the settling of all matters between them relating to the ownership &real and personal property; (2) the settling of all matters between them relating to the past, present and t~ture support and/or maintenance of Wife by Husband and of Husband by Wife; and (3) in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, W'tfe and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL Wife and Husband declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of her and his selection; that Wife has been independently represented by Taylor P. Andrews, Esquire and that Husband, aware of his right to legal representation, declares that it is his express, voluntary and knowing intention not to obtain counsel and he chooses instead to represent himself with respect to the preparation and execution of this Agreement. 2. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be flee from all control, restraint, interference or authority, direct or indkect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct,, carry on and engage in any business, occupation, profession or employment that to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes that led to, or resulted in, the continuation oftheh' living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 3. PERSONAL PROPERTY Automobiles: Husband shall transfer title of the 1999 Honda Civic LX and the 2000 Honda Civic EX from joint ownership to Wife, and Husband shall also assume all payments of the automobile loans for the two vehicles [approximately $16,000], and Husband shall indemnify and protect Wife from any loss or expense related to the automobile loans. Husband shall transfer the title to the vehicles as soon as he is able to do so, but no later than such time as Husband shall settle on a mortgage refinancing the real estate that will be transferred to Husband, or, if Husband is unable to obtain the mortgage financing referenced hereafter, no later than such time that there is settlement on the sale of the parties' home at 43 Sunfire Ave., Camp Hill, Pa. Husband shall refinance the automobile loans so that there is no legal obligation remaining from Wife. Wife shall pay costs of title and registration transfers, and Wife shall be responsible for providing insurance coverage for the automobiles fi'om the date that title is transferred to Wife's name. Other tangible personal property: Except as otherwise provided herein, the parties acknowledge that they have heretofore divided between them, at the time of their separation, all their tangible personal property to their mutual satisfaction, except as otherwise stated. Henceforth, each of them shall own, have and enjoy independently of any dalm or right of the other all items of personal property of every kind, now and hereafter owned, or held by him or her, with full power to dispose of same as fully and effectively in all respects and for all purposes as if he or she were unmarried. The property to be transferred is set forth on Schedule "A" attached hereto. All listed property shall be transferred within 14 days of the execution of this agreement, unless the parties shall agree in writing that an item may remain in possession of the party who possesses but does not own the property. Any such writing should also indicate the parties' agreement as to when the object will be transferred. All items not listed that were the joint property of the parties shall become the property of possessor at the time this agreement is signed except as referenced by the above provisions and Schedule "A. Intangible personal property: No later than April 26, 2002 Husband shall pay to Wife the balance of his Certificate of Deposit at PSECU that was identified for Wife's daughter's education and this amount shall not be less than $49,665.63. Husband shall produce documents to establish the balance of the CD at the time it is redeemed or transferred to Wife. Except as provided immediately above, Husband and Wife each waive and relinquish ali right and claim in and to the intangible property registered to the other including but not limited to all rights or claims to the IRA'S, 4010c)'s, retirement accounts, pension benefits, Federal Government Thrffi Savings accounts, savings accounts, certificates of deposit, mutual funds, or other investments or account s. 4. REAL PROPERTY Within 10 business days after the signing of this agreement, Husband shall apply for a mortgage to refinance the existing mortgages on 43 Sunfire Ave., Camp Hill, PA 17011. Husband agrees to accept a mortgage up to a principal value of the lesser of, 75% of the appraised market value of the property or $201,000, and with interest up to 7 ~ % pre annum, and for a term up to 15 years. If Husband obtains such financing, he shall settle on the mortgage no later than 120 days from the signing of this agreement. At such time Wife shall convey, transfer and grant to Husband her right, title and interest in the real estate situated and located at 43 Sunfire Ave., Camp Hill, PA 17011, and Husband will pay to Wife, One Hundred Thousand ($100,000) dollars. Husband shall pay all costs incidental to the financing and the transfer of ownership. From the date of this Agreement, Husband agrees to assume as his sole obligation any and ail mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises, and Husband agrees and covenants to indemni~ and hold Wife harmless from any such liability or obligation. If Husband shail not have obtained a commitment for the financing referenced above within 60 days of the signing of this agreement, Husband agrees that he and Wife shail list the property for saie with a realtor agreed upon by Husband and Wife for a price agreed upon by Husband and Wife. If Husband and Wife cannot agree upon a realtor, the power to select the realtor for a 90-day listing shall be determined by a flip of the coin. If the parties cannot agree upon a listing price, the property shall be initially listed at its tax assessed vaiue and shall be reduced thereafter 2% per month that the house remains unsold. The house shail remain listed continuously until it sells. If an original 90-day listing expires without the house being sold, a new listing shall be made with a realtor agreed upon by the parties. If the parties are unable to agree upon a realtor the same process described above shall be used unless a coin flip was used to determine the original listing realtor. Ifa coin flip was previously used, the other party shall have the power to designate the listing realtor. At such time as the property shall sell, at settlement Wife shall convey, transfer and grant to Husband or his designee her right, title and interest in the reai estate situated and located at 43 Sunfire Ave., Camp Hill, PA 17011, and Wife shall receive 85% of the net proceeds of sale, and Husband shall receive 15% of the net proceeds of sale. 5. WARRANTIES Husband and Wife each warrant to the other that they have disclosed ail existing marital property or non-maritai property. Each warrants that he/she has not conceaied or failed to disclose the existence of any maritai or non-maritai property. 6. SUPPORT The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantiai and adequate fund with which to provide themselves, sufficient financiai resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, support or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support f~om the other party. 7. TAX RETURNS Husband and Wife agree to sign federai returns for the calendar year 2001 with the filing status [joint or married filing separately] that will reduce the total tax dollars owed to the federai government to the lowest possible figure. If this is a joint tax return the parties agree that the payment by Husband with his individual return shall apply to the parties joint obligation, and Wife shall pay the baiance of taxes that are due. 8. IVIEDICAL INSURANCE Until the date of the parties' divorce, Husband shall continue to provide health insurance benefits for Wife and Wife's daughter, Eliza Hunter, through the Federal Employees Health Benefits Act Plan in which he was enrolled on the date of separation of the parties. Should Wife wish to apply to continue benefits under the same Federal Employees Health Benefits Act Plan after the date of divorce, Husband shall cooperate with Wife in making her application by providing her with the name, address, and telephone number of the USDA personnel to which Wife may make application. Husband shall have no other obligations other than set forth in this section, regarding Wife's health insurance after the date of divorce. 9. LIFE INSURANCE . Husband shall continue Wife as the named beneficiary of his existing Federal Government life insurance policies in the amount of at least $110,000, plus an additional $110,000 in the case of accidental death until such time as the existing notes secured by mortgages on 43 Sunfire Ave., Camp Hill, PA 17011 are satisfied. I0. LIABILITIES Wife and Husband each covenant, warrant and represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other prior to or after the effective date of this Agreement, except as may be otherwise provided by the terms of this Agreement. 11. NO BAR TO FURTHER PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available. It is agreed that this Agreement shall not be impaired by any divorce decree which may be granted but shall continue in full force and effect notwithstanding the granting of any such decree. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 12. DIVORCE Wife has commenced a divorce action in the Cumberland County Court of Common Pleas at No. 02-1363. Husband and Wife agree to sign and file consents to the entry of a Divorce decree after June 20, 2002, and before June 30, 2002. At the same time that a consent for divorce is filed Husband and Wife shall also sign and file a written waiver of notice that the other party is seeking the entry of a divorce decree. The terms of this agreement shall be incorporated into the divorce decree, but shall not be merged into the divorce decree. 13. MUTUAL RELEASE Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereat~er accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against the other, the estate of such other or any pan thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's fights, family exemption or similar allowance, or under the intestate laws, or the fight to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or ail other fights ora surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any fights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of W'ffe and Husband to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all fights and agreements and obligations of whatsoever nature arising or which may arise under this A~eement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 14. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least ten days at~er demand therefor) execute any and ail written instruments, 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 effectuaily the terms of this Agreemem. 15. SUCCESSORS' RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 16. ENTIRE AGRRg-MENT Wife and Husband do hereby covenant and warrant that this Agreement comains all of the representations, promises and agreemems made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any , other term, condition, clause or provision of this Agreement. 17. BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until tennlneted pursuant to the terms of this Agreement. The failure of eitber party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. If one party breaches this agreement, and the other party must seek action by the Court to enforce the agreement, the non-breaching party may recover from the breaching party his/her own reasonable counsel fees and costs of litigation. 18. SEPARABILITY 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 her or his obligations under any one or more of the paragraphs herein, with the exception oftbe satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 19. NOTICE PROVISIONS (a) Notice to Husband shall be sent by first class mail, .to 43 Sunfire Ave., Camp Hill, PA 17011, or such other address as Husband from time to time may designate in writing. (b) Notice to Wife shall be sent by first class mail, to 4738 Brian Rd., Mechanicsburg, PA 17050, and Taylor P. Andrews, Esquire, 78 W. Pomfret St., Carlisle, PA, or such other address as Wife from time to time may designate in writing. 20. HEADINGS Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meanings, construction or effect. 21. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed. 22. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as parties hereto, acknowledge the receipt of a duly executed copy hereof. Nicholas Mamone, Husband COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) On this, the /~2~day of April, 2002, before me, the subscriber, a Nota~ Public for the Conunonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared MARY SUSAN MCGRAW and in due form of law acknowledged the above Agreement to be her act and deed and desired the sarae to be recorded as such. C~ven under? ~nd and s~ of o~ t~,/~ J MY COMMISSION EXPIRES APRIL 26, 2003 LMember, Pennsylvania ~ COIVEViONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMB~ On this, the/~ ~day of April, SS. 2002, before me, the subscriber, a Notary Public for the Cormnonwealth of Pennsylvania, residing in the County of Cumberland, personally appeared NICHOLAS MAMONE and in due form of law acknowledged the above Agreement to be his act and deed and desired the same to be recorded as such. NOTARIAL SEAL LINDA E. HERMAN, Notary Public Camp Hill Boro. Cumberland County My Commission Expires Aug. 26, 2004 SCHEDU[~ A Property to be transferred from Husband to Wife: Furniture from Eliza's bedroom purchased at Liebman's o Desk and matching chair o Vanity and matching stool o Armoire · Bedside stand from Eliza's room MARY SUSAN MCGRAW, NICHOLAS MAMONE, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02~1363 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this ~'~ day of March 2002, I, Taylor P. Andrews, Esquire, attorney for Mary Susan McGraw, Plaintiff in the above-captioned action, hereby swear that I have served a true copy of the Complaint in Divorce, with Notice to Defend and Claim Rights, executed by the Plaintiff in the above- captioned matter, upon the Defendant at his residence at 43 Sunfire Avenue, Camp Hill, PA 17011, by depositing the same in the U.S. Mail, postage prepaid, certified, deliver to addressee only, return receipt requested. A copy of the return receipt card signed by the Defendant on March 22, 2002, indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. ANDREWS & JOHNSON By: ~ rne~Andrews y for Plaintiff Sw~ .m~0~nd subscribed to before me this ~ d ~t/~ ay of March 2002. NOTARIAL SEAL I SHELLY SEXTON, NOTARY PUBLIC I CARLISLE BORO, CUMBERLAND COUNTY ~ MY COMMISSION EXPIRES APRIL 26, 2003 I Member, Pennsylvania Association of Notaries I ' I Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is de,ired. · print your name and addree~ ~ the revel~e · Atl~ch this card to the back of the mallpiece, or~3n the Wont if space permit~, 1. At,cie Addreesed lo: .~ .~ 2. Article Number PS Form 381 1, Mamh 2001 D. Is delivm'y If YES, erit~ delive~ Oorrteetic Return Receipt 102595-01-M-1424 Exhibit A MARY SUSAN MCGRAW, NICHOLAS MAMONE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-1363 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 20, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: MARY SUSAN MCGRAW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS MAMONE, Defendant : CIVIL ACTION - LAW : : NO. 02-1363 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: ary Su~r~ McGraw, Plaintiff - MARY SUSAN MCGRAW, Plaintiff NICHOLAS MAMONE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-1363 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: decree: Transmit the record, together with the following information, to the Court for entry of a divorce 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2 Date and manner of service of the complaint: March 22, 2002 restricted, certified mail, return receipt requested. 3. (a) Date of execution of the affidavit of consent required by Section 3301(c) of the June 21, 2002 Divorce Code: by the Plaintiff June 23, 2002; by Defendant 4. Related claims pending: None 5. Prothonotary: Prothonotary: Date: June 27, 2002 Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the June 27, 2002 Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the June 27, 2002 ANDREWS & JOHNSON By: ~ ~e stp ~Ao~n~;;~v~ 't rEe;tq ' Carlisle, PA 17013 (717) 243-0123 Supreme Court ID No. 15641 IN ThE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. MARY SUSAN MCGRAW, .............................. Plaintiff ............................... Versus ~OLAS MAMONE, ............... D~fendant ......................... DECREE IN ,, AND NOW, ~ {~ ~...~' i~i:, ' ' ' ............................. is oraerea ana :. decreed that .~...~..s.u.s.~. MCGRAW ....................... plaintiff, and ................ ~z¢~a~.As .MANa~S .......................... , 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: Th~ parties h~reby incorporate their Marital .................. Agremme~ .~a~e~. A~ril. 17, . 2002, ......................... Prothonotary -~ 0 ' .51 ' L