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HomeMy WebLinkAbout03-2158MARK A YOHE, Plaintiff V. MARY M. SHANKLE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : IN EQUITY : NO. O~- ,,7,.15~$' : DECLARATORY JUDGMENT ACTION FOR DECLARATORY JUDGMENT AND NOW, comes Plaintiff, Mark A. Yohe, by and through his attorney, Marylou Matas, Esquire and Griffie & Associates, and files the within complaint setting forth his claim for a declaratory judgment: 1. Plaintiff is Mark A. Yohe, an adult individual currently residing at 1601 York Road, Carlisle, Cumberland County, Pennsylvania. Defendant is Mary M. Shankle, an adult individual currently residing at 273 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania. 3. The jurisdiction of this Court is invoked pursuant to 23 Pa. C.S.A. §3306. Defendant herein initiated an action in divorce docketed to No. 02-4451 in the Court of Common Pleas of Cumberland County ("Divorce Complaint") on September 17, 2002, which Complaint includes counts for equitable distribution and alimony pendente lite. A copy of said Complaint is attached hereto and incorporated herein by reference as Exhibit "A." In the Divorce Complaint, Defendant herein alleges that "Plaintiff and Defendant have been married since at least October l, 1980 when Plaintiff and Defendant 10. 11. 12. lived in Dauphin County, Pennsylvania." 4.) (see Divorce Complaint at paragraph Plaintiff herein, Mark A. Yohe, denies any marriage ever existed between the parties. Defendant herein alleges within the Divorce Complaint that the parties "are married by principals of common law marriage." (see Divorce Complaint at paragraph 4.) In Defendant's Complaint in Divorce, she fails to determination that the parties were common law married allege any basis for a Plaintiff herein denies that a valid marriage ever existed between him and Defendant herein by virtue of the doctrine of common law marriage or otherwise. Plaintiff's delay in filing this action is due to Defendant's continued statements since the date of filing the Divorce Complaint that she intended to withdraw the Divorce Complaint. Following the filing of the Divorce Complaint, Defendant herein filed a Motion for a Hearing on Defendant's claim for Alimony Pendente Lite. The most efficient and expedient manner for determining the invalidity or validity of the purported marriage of the parties is a declaration by this Court. 13. An action for declaratory judgment will permit the parties to pursue discovery pursuant to the Pennsylvania Rules of Civil Procedure, should that be necessary. WHEREFORE, Plaintiff, Mark A. Yohe, requests this Honorable Court to: 1. Issue a stay of the divome proceedings, including the alimony pendente lite claim, pending resolution of the within declaratory judgment action; 2. Issue a judgment declaring that Mark A. Yohe and Mary M. Shankle are not husband and wife; and 3. Award costs of this action to Plaintiff and such other relief and declaration of the rights and legal relations of the parties to this action as to the Court may deem just and proper. Respectfully submitted, Mary'I~:~._,Matas, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: MARK A~ YOHE,~l~inti'ff MARY M. SHANKLE MARK A. YOHE, Plaintiff Defendant · IN THE COURT OF coMMoN PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW - ¢4f/ ctvi[ r P.M · IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following ~l~ages, 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 p.roperty or other fights important to you, including custody or visitation ofyour 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 ANNULET 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 ~.~. ~r~ :e. Carl/s:le, PA 17013 Phone: (717)'249-3166 MARY M. SHANKLE Vo MARK A. YOHE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. CIVIL TERM : : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Mary M. Shanlde, an adult individual,, who currently resides at 273 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania. 2. Defendant is Mark A. Yohe, an adult individual, who currently resides at 1601 York Road, Carlisle, Cumberland County, Pennsylvania; since 1997. 3. Plaintiffand Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. The Plalntiffand Defendant are married by principals of common law, and have been married since at least October 1, 1980 when Plaintiff and Defendant lived in Dauphin County, Pennsylvarfia. 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. Plaintiffhas been advised ,that counseling is available, and that Plaintiffmay 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. COUNT II .Request for Equitable Distribution Under Section 3507, of the Divorce Code 9. Paragraphs I through 8, of Plaintiff's Complaint are incorporated herein by reference. 10. Plaintiffand Defendant have acquired property, both real and personal during their marriage. 11. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiffrespectfully 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 Cod e, 12. Paragraphs 1 through 1 1 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 £mal heating, and thereupon to enter an Order of Alimony in her fayor, pursuant to Section 3701 and Section 3702 of the Divorce Code. 16. Defendant requires reasonable support to adequately maintain herself in accordance with the standards of living e~tablished during the marriage. WHEREFORE, Defendant respectfully requests the Court to enter an award of Alimony Pendeate Lite until final hearing, and thereupon to enter an Order of Alimony in her fav0.r, pursuant to Section 3701 and Section 3702 of the Divorce Code. ANDREWS & JOHNSON By: ~ 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 unswom falsification to authorities. Date: Maty~t~. Shankle, Plaintiff MARK A. YOHE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY M. SHANKLE, DEFENDANT 03-2158 CIVIL TERM ORDER OF COURT AND NOW, this I~;:~ day of May, 2003, IT IS ORDERED: (1) The divorce action at 02-4451 is stayed pending a final order as to the existence of a marriage between plaintiff and defendant herein. (2) This declaratory judgment action shall proceed pursuant to Pa. Rule of Civil Procedure 1601. oarylou Matas, Esquire r Plaintiff .~aylor P. Andrews, Esquire For Defendant :sal Edgar B. Bayley, J. 05-13 MARK A. YOHE, MARY M. SHANKLE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : :NO. 03-2158 CIVIL TERM : : IN EQUITY DEFENDANT'S ANSWER Mary M. Shanlde, by her attorney, Taylor P. Andrews, Esq., respectfully answers the Plaintiff's Action for Declaratory Judgment as follows: 2. 3. 4. 5. 6. 7. 8. complaint. 9. 10. Admitted. Admitted. No response is required. Admitted. Admitted. Admitted. Admitted. Admitted. By way of further answer no specification of facts is required for a divorce See number 6 above. Proof is demanded. 11. Admitted. 12. Denied. The most efficient and expeditious manner to determine the invalidity or validity of the purported marriage would be a hearing with the support master appealable to the Common Pleas Court. 13. This is a conclusion of law and no answer is required. WHEREFORE, Defendant, Mary M. Shankle, requests this Honorable Court to dismiss this Declaratory Judgment action and order that the action for Alimony Pendente Lite proceed without delay. By:. ~ Tay)6[P. Andrews, Esq. Atprnfly for- Defendant 78~ Pomfret Street Carlisle, PA 17013 (717) 243-0123 I verify that the statements made in the foregoing Answer 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. Mary M.-Sh0~kle"'- - - MARK A. YOHE, MARY M. SHANKLE, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : :NO. 03-2158 CIVILTERM : : IN EQUITY CERTIFICATE OF SERVICE I hereby certify that on this date,~ /'~) ., 2003, I mailed a copy of Defendant's Answer to the following person at the following address by U.S. Mail, delivered to: Marylou Matas, Esquire 200 North Hanover Street Carlisle, PA 17013 I verify that the statements made in the foregoing Certificate of Service 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. ANDREWS & JOHNSON By: ~-'~ Attorney for Defendant 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123