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Home My WebLink About01-1922 FX ~ . Kayer and Brown Attorneys At Law A Professional Corporation Liberty Loft 4 E. Liberty Avenue Carlisle, Pennsylvania 17013 e-mail: jkayer@epix.net Telephone: (717) 243-7922 FAX: (717) 2'43-0946 Certified Mail- 2452 472 456. Raymond J. Mackey, Jr. 123 Opossum Lake Road Carlisle P A 17013 May 15, 2001 RE: Mackev vs. Mackev - In Divorce . Dear Mr. Mackey: Please find enclosed for your reference a Plaintiffs Affidavit, Defendant's Counter Affidavit and Notice ofIntention to Request Entry of a Divorce Decree. Please review the Defendant's Counter Affidavit carefully and complete it as appropriate. It is important for you to tile your response with the Courthouse within 20 days of receipt of same. Ms. Mackey has also asked me to inquire to determine whether you would sign an agreement that would confirm that you will continue to be allowed within the marital home and that at the time that the home is sold that the proceeds would be split equally between the two of you. In the event that you were to predecease my client, she would receive the entire interest in the home. My client would also like to obtain certain items that remain in the home including the rest of her set of dishes, a picture from her grandparents, a clock given to her by her son, any cook ware that you don't want, or any other items that you might not want. She simply requests what the realtors refereed to as a "tight oftirst refusal" with regard to any items that you intend to dispose of from the home. Please get back to me at your earliest opportunity as to whether you will agree to this request as well. Assuming that you will, 1 can incorporate in the agreement which will address the ownership and sale of the home. I look forward to hearing from you or your counsel within the next two weeks. Very truly yours, JJK/vjg Encls. cc: Maralyrm Mackey Raymond J. ~fackey, 11,./7'1 f~' I'" I . JarnllS J. Kay 'J- .il Ii 11 'J .. \ , Jr. (regular mail) ,~' ~ "''"''1'-,' ,". ,.<1' , -; ",~,;,;, , MARAL YNN MACKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 01 - ) 9,;).:b CIVIL TERM RAYMOND 1. MACKEY, JR. 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 following pages, you must take prompt action. You are wamed 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the 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 TillS 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 - Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone (717) 240-6200 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 priodo any hearing or business before the court. You must attend the scheduled conference or hearing. James J. Kayer, Esquire Attorney for Plaintiff Liberty Loft 4 East Liberty Avenue Carlisle, PA 17013 . vs. (717) 243-7922 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 - ;q.l;L CIVIL TERM MARAL YNN MACKEY, Plaintiff RAYMOND J. MACKEY, JR. Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) and 3301(d) OF THE DIVORCE CODE COMES NOW, Plaintiff MaraIynn Mackey, through her attorney, James J. Kayer, Esquire and avers as follows: COUNT I - DIVORCE 1. Plaintiff is MaraIynn Mackey', an adult individual, whose current address is Apt#: 5, 537 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Raymond J. Mackey, Jr., an adult individual, whose current home ofrecord is 123 Opossum Lake Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 23, 1968 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce filed in this matter. 6. Plaintiff and Defendant are not members of the United States Armed Forces. 7. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) and Section 3301(d) of the Divorce Code. 8. 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. , .~ . , :', 'o,..__i,'.-' ,,-, . WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Respectfully submitted, Date: March 26, 2001 " ;.'" , ~rr' . ~ , , "..J""'~f"' '___";'"~''"" ,I... 'IV "~1,;;;i-&.k . '. VERIFICATION OF PLEADINGS The foregoing document is based upon infonnation which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my cOlillsel and not my own. I have read the statements made in this document and to the cxtent that it is based upon infonnation which I have givcn to my counsel, it is true and correct to the best of my knowledge, infonnation and belief. To the extent that the contents of the statemcnts are that of counscl, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 P A. C.S. S 4904, relating to unsworn falsification to authorities. Date771udJl.3. ~/, 7J7aA--d~~dc~, ,;/' / ,. .;-1 --, -T .:' .,' ".--'~ '--~,} iIill MARAL YNN MACKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 01 - 1922 CIVIL TERM RAYMOND J. MACKEY, JR. Defendant : IN DIVORCE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO Pa. R.C.P. 1920.4(a)(1)(ii) COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND I, James J. Kayer, Esquire, being duly sworn according to law, deposes and says that he is the attorney for plaintiff, Maryalynn Mackey, and that he did serve a true and correct copy of the Complaint in Divorce that was filed in the above matter, by U.S. Mail, postage prepaid, certified with restricted delivery, return receipt requested, unto the Defendant, Raymond Mackey, Jr., on April 16, 2001. The receipt form is attached hereto. '. Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address ~m the reverse so that we ca!1 return the card to you. . Attach this card to the back of the mailpiece, or on the front il space permits. NOTARIAL SEAL Vickie J. Group. Notary Public Borough of Carlisle, County of Cumberland My Commission Expires Aug. 30, 2004 fu~OOI\W'~f\- ~~~Ff08 ~ 3. SeNic pe ertified Mail 0 Ex~ Mail o Registered B'1teturn Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) es 2. Article Number (C~ frO'2..1Jd.bep 11_ """7 f..-{ <:5 '-tW( PS Form 3811, July 1999 Domestic Return Receipt 102595-GG-M-1789 + ~ ~~ _I ,'. .,.l 'i1 > ""'''''':. .. " ~'~-',. "'. ,. ~'- ",-'-i~"'h.;;".'i, " ~. MARAL YNN MACKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 01 - 1922 CIVIL TERM RAYMOND 1. MACKEY, JR. Defendant : IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit 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 I. The parties to this action separated on or about September 1998 and have continued to live separate 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 aIimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 4. No prior actions of divorce have been filed with the Court. I verify that the statements made in this affidavit are true and correct. I understand the faIse statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn faIsification to authorities. Date: .~- / / - ,2001 /n=~ d.A0 MARAL YNN CKEY . . ~ . ,"" -'.',.," ". ~ ,,- '~,: . MARAL YNN MACKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 01 - 1922 CIVIL TERM RAYMOND 1. MACKEY, JR. Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (d) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail, Restricted Delivery, April 16, 2001. 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 the Plaintiff; By the Defendant. B. (I) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: none. (2) Date of service of the Plaintiffs affidavit upon the Defendant: May 15, 2001 3. Related claims pending: None 4. 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: May 15, 2001 certified (returned mail) and regular mail (not returned). Prothonotary: ; Prothonotary. B. Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Date Defendant's Waiver of Not" e in 3301(c) Divorce was filed with the ~iW~~!I~l!~~.\Ji'&,t)Ji;(!iH&i",ilf<,!!<;;,;iH;"..u;"'im~l1W,y1i~lilf~J1tw.-~.,{"S%,~iii>~f;;I'lll'!~'I<i:i~~'''lWW<.'iW_ilIif'. .1 ::S!lL:!Il!LJllI!l' - [~""r 1. ...~ ,., ~- ,'~.._. 'co>. . ~".. ~ ~~. c. .'0_ JIlt 1l~.J:I 'I n ~ <. 0 C C~ C T1 S- ,_ -vcr: mrr. ::~ ,-c- Z:J~' ZC A ~Z~ CO ~o ..~ ';..-' -"'(') ~o ~ ~ ~~~~ -0 r:- )>c -I ~ N :1>' :n C,.) -< ."~.- ~fi" MARAL YNN MACKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW RAYMOND J. MACKEY, : JR., Defendant NO. 01-1922 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of July, 2001, upon consideration of Plaintiff's praecipe to transrnit record, and it appearing that Plaintiff's notice of intention to request entry of a divorce decree was served upon Defendant at the same tirne as Plaintiff's affidavit under Section 3301(d) of the Divorce Code, in contravention of the holding in Commonwealth v. Burdick, 41 Cumberland L.J. 64 (1991), a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiency and file a new praecipe to transmit record. BY THE COURT, ~ t~J)~ 1~L,-6~ ~ J James J. Kayer, Esq. 4 Liberty Avenue Carlisle, PA 17013 Attorney for Plaintiff Raymond J. Mackey, Jr. 123 Opossum Lake Road Carlisle, P A 17013 Defendant, Pro Se :rc , 0~\r,rJr-\ \;fN~/t\l(\..:;I':'; ~_:~;~~f\\(\J ,-.'::'-r", r'~,''-.:: \.':\~~">", ,~\ \ ,~\, ',I I ! '" N\'11'.....' - ~"'_' -",.'-,',\\0 ," \ \ 1~\ l, 5 \ :0 \:',4 '~.'J . 1'-]' nf [\' 'I.'"~~- .._ .' ,j~j!m~ ...1 - ,~ l -. ,.;" . ~M ^ ~~ MARAL YNN MACKEY, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 - 1922 CIVIL TERM RAYMOND J. MACKEY, JR. Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (d) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail, Restricted Delivery, April 16, 2001. 3. Complete either Paragraph A or B. A. Date of execution ofthe affidavit of consent required by Section 3301 (c) of the Divorce Code: By the Plaintiff; By the Defendant. B. (I) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: none. (2) Date of service ofthe Plaintiffs affidavit upon the Defendant: May 15,2001 3. Related claims pending: None 4. 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: July 10,2001 certified (returned mail) and regular mail (not returned). Prothonotary:; Prothonotary. B. Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Date Defendant's Waiver of No' e in 3301(c) Divorce was filed with the i i , \ i V ~~~~~~""'~~H~",-"&,ru,;-l"";,'M,,,!.,',-,~~'.r;,,-"'iISi~ J..~"jp-"J/r,I[:~L_,<~J!!L.._ ~ ~..~ [l~ t",_..~r."~ _,,,",.."' ~'''''' '.",>' ," >," ,,ow' <<, ,~., 0 __ . ,~ ~ I .,1"'. ,'" " "'". . ~~'~'j ~ "l\!!!!''''' "" (") 0 0 c: "n -uS:: :Do ,.-! mOO c f~llJ~ z~ G? tJj~ I ,;J;E w ~o C~/'\ :I> ':',:'1;';';:::- ~o ~ ;~a 5>8 If? 6n1 ~ N >i :n co -< ~ ~-.. Telephone: (717) 243-7922 CERTIFIED MAIL RESTRICTED DELIVERY RETURN RECEIPT REQUESTED Z 452 472 447 Raymond J. Mackey, Jr. 123 Opossum Lake Road Carlisle PA 17013 ~ ' l; 1..-.....1' , ":" Kayer and Brown Attorneys At Law A Professional eorporation Liberty Loft 4 E. Liberty Avenue Carlisle. Pennsylvania 17013 e-mail: jkayer@epix.net July 10,2001 RE: Mackev vs. Mackev - In Divorce Dear Mr. Mackey: ~~ '~,. Wi.~",,~.J-""J:; FAX: (717) 243-0946 Please find enclosed for your reference a Notice ofIntention to Request Entry of a Divorce Q~cree. Please review the Defendant's Counter Affidavit carefully and complete it as appropriate. It is important for you to file your response with the Courthouse within 20 days of receipt of same. JJKlvjg Encls. cc: Maralynn Mackey Very truly yours, <01~~ $c~. James J. Kayer J " i2 r0 ~ 1$ 'iij I!! '" Vl r :::iE " .CIl :r 'C"&= Q):2~ ru ;: ~- U> ._... r:a '" t::a.~ E :r Q) ~g B ~ U e ~ . ~~ . . .~ ~ g~ . ru " - ~ .l' IDa.., >$ . ~J; .~:a! Ll1 .~ o8E ~ l ., . U) dI ~_'" . 1il :r 10.... <l:l 0 ". a'; t55 m * . .. '" Cf)....O- . .> '" oC5'(;i am a - Q.~ Q) . .. Ua .- ~ 0 N .s.- ~ ~ ~ '" OJ ~olJ ~~ a. " ~~~og . al 1il " ... . f E E E o>l:l .. S ~ '0 .S ~ 00<<1)(;6 . . ::::I 0 .a.u ~ 0 . ~ . Q)~ 01><6 ::>0::2:0 "- u U) 0: 0: 0:0 a. 966 ~ IPdv '009& UlJO=l Sd "." ,-,' ";.,.,_""'~' r~_:~,,"" ..;....;.""~'~~".;1ili-b~b,"A!,"-",'>,..,,",".t."-"l~d-"'!dUt~~1:t'~~ ",~.'-'.~ ""'"'---jjil~~]ltIi:'l~'ll:f""_@~~lfj 'ii,v. ~-' '.l.i:IJl -.01 "=,~ ,,-~-=. ~,' ,,~. .~- -,,~.". ,.~~"= "~"<..., <' ~., ' I, ~ , ~ "'-' g <::> ,-") ~~1 ;;::: 2': .-'--\ -om :1~~ rnrn en z:n I ;l~:~~ ~~ w -C- O :t>" --r'~-i '< (.:.;;:0 ~o :;r,: 40 ~g I.f3 Oln .'--\ ~ N ~ o:l '< ~ , ~ , ." "' "'-~,~ , . I: h- . . . .. .. ... . . . IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY . STATE OF . . MAR~LYNN MACKEY, Plaintiff VE:RSUS RAYMOND J. MACKEY, JR. Defendant . . PENNA. No. 01-1922 Civil Term DECREE IN DIVORCE . AND NOW,J" 0~' ""'+ b , Z6<J I , IT IS ORDERED AND DECREED THAT MARALYNN MACKEY , PLAINTIFF, AND RAYMOND J. MACKEY, JR. , 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; . . . . . . OTARY . . . :aiili.~' jl ,., ,.,,.,,.,,., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . ~,;i~~~a~miit[~ill!nil'l1i!!l~'"~~~'- '.oil '--.J~~~gli~~ ,,' .ll!iHllliii" ,,- ,~ -;:h7:Z ~ ~L, ~-~ ~~ ~ ~ :;;~A'LS~;,:,:~~U;~,~JLJ:~;,,,^JJ.:~~;!!t~,;,)'_~,"}~U'.J"JLiC"" '_"~Y'_ "-~,,. ':""", ',~,~_," ''* ,"", ~ "," .q -1-- L,,,,,,,,,__ It?- ?- .t- IC?" 'l'$ . . !-, ;,,/ " . ali