HomeMy WebLinkAbout03-3224
MARY LYNN CASEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2003-W!CIVIL TERM
DON L. CASEY,
Defendant
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 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania 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, Pennsylvania 17013
717-249-3166
1-800-990-9108
MARY LYNN CASEY
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYL VANIA
v.
NO. 2003 - 3224
DON L. CASEY
Defendant
CIVIL ACTION-LAW
DEFENDANT'S PETITION FOR JOINDER OF A CLAIM FOR PROPERTY
DISTRIBUTION
I. This Divorce Action was initiated on July 8, 2003, on the ground that the
marriage between the parties is irretrievably broken,
2. On December 22,2003, the Defendant made a motion to the Court for the
appointment of a Master with respect to the Distribution of Property,
3, On December 23, 2003, this Court ordered that E, Robert Elicker, Esquire,
be appointed Master with respect to the Distribution of Property.
4. Defendant has not as of yet formally joined the claim for Distribution of
Property with this action for divorce,
5, Defendant hereby formally joins the claim for Distribution of Property
with this action for divorce,
WHEREFORE, Defendant requests this Honorable Court to equitably distribute
property as is deemed necessary and appropriate.
Respe,;tfully submitted,
John C. Porter
JhS:f~
Counsel for Plaintiff
PA Sup. Ct. ID# 90152
61 W. Louther St.
Carlisle, PA 17013
717-249-1177
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AMERICANS WITH DISABILITIES
ACT OF 1990
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 prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
MARY LYNN CASEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
Defendant
2003- $<;rCIVIL TERM
IN DIVORCE
DON L. CASEY,
COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c)
OF THE DIVORCE CODE
NOW comes the Plaintiff, Mary Lynn Casey, by her attorney, Marcus A. McKnight, III,
Esquire, and files this Complaint in Divorce against the Defendant, Don L. Casey, representing as
follows:
I. The Plaintiff is Mary Lynn Casey, an adult individual residing at 1471 Pine Road,
Carlisle, Cumberland County, Pennsylvania 17013.
2. The Defendant is Don L. Casey, an adult individual residing at 1471 Pine Road,
Carlisle, Cumberland County, Pennsylvania 17013.
3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six
months prior to the filing of this action in divorce.
4. The Plaintiff and the Defendant were married on February 14, 1991.
5. There have been no prior actions of divorce or for annulment between the parties.
6. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon
which this action is based that the marriage between the parties is irretrievably broken.
7. The Plaintiff avers that she has been advised of the availability of counseling and that
said party has the right to request that the court require the parties to participate in counseling.
WHEREFORE, the Plaintiff demands judgment dissolving the marriage between the
two parties.
Respectfully submitted,
By:
Marcus . McKni
Attorney for Plainti
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court LD. No, 25476
Date: July 8, 2003
VERIFICATION
The foregoing Complaint is based upon information which has been gathered by my
counsel and me in the preparation of this action. I have read the statements made in this
Complaint and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
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Date: July J 2003
MARY LYNN CASEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
2003-
CIVIL TERM
DON L. CASEY,
Defendant
IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down.
I verifY that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: July 8, 2003
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MARY LYNN CASEY
PLAINTIFF
v.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
DON L. CASEY
DEFENDANT
03-3224 CIVIL ACTION - LAW
IN DIVORCE
Certificate of Service
I, John C. Porter, Counsel for the Defendant, Don L. Casey, hereby certifY that
true and correct copies of the Defendant's Request to Plaintiffto Produce Docwnents
Pursuant to Pa. R.C.P. 1930.5 and Pa. R.C.P. 4009.11 in the above captioned case was
served to the Counsel of Record for the Plaintiff, Mary Lynn Casey in the following
manner:
First Class Prepaid Postage to
Marcus A. McKnight, III, Esquire
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, PA 17013
on this <J +\,. day of January, 2004.
)~l::fJk-
Counsel for Plaintiff
PA Sup. Ct. ID# 90152
61 W. Louther St.
Carlisle, P A 17013
717-249-1177
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MARY LYNN CASEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2003-3224 CIVIL TERM
DON L. CASEY,
Defendant
IN DIVORCE
DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT
The defendant, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:
// /;/
, 2004
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DONL. CAY
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MARY LYNN CASEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2003-3224 CIVIL TERM
DON L. CASEY,
Defendant
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July
8, 2003.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsification to authorities.
Date:
1/ //;
, 2004
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MARY LYNN CASEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2003-3224 CIVIL TERM
DON L. CASEY,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:
1/ ~I
, 2004
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DON L. CASEY ./
Defendant ..
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MARY LYNN CASEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
v.
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2003-32:24 CIVIL TERM
DON L. CASEY,
Defendant
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OFiCONSENT
1. A Complaint in Divorce under Section 3301(c) of the: Divorce Code was filed on July
8, 2003.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
4. 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 made are subject to the penalties of ~8 Pa. C. S. Section 4904 relating to
unsworn falsification to authorities.
, 2004
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Date: November 30
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MARY LYNN CASEY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2003-32:24 CIVIL TERM
DON L. CASEY,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECRE~ lUNDER
SECTION 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 concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is grant1ed.
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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: November 30 , 2004
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MARY LYNN CASEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 03 - 3224 CIV~L
DON L. CASEY,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
I
/4f-
day of
2005, the economic claims raised in the proceed ngs having been
resolved in accordance with a marriage settleme t agreement
dated October 28, 2004, the appointment of the aster is
vacated and counsel can file a praecipe transmi ting the record
to the Court requesting a final decree in divor e.
BY THE COUR ,
Geo
cc:
Marcus A. McKnight, III
Attorney for Plaintiff
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John C. Porter
Attorney for Defendant
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,., 't'''' 't' 'to; 't' + '+',., + '+' ++
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
MARY LYNN CASEY,
No.
2003-3224 CIVIL TERM
Plaintiff
CIVIL ACTION - LAW
VERSUS
DON L. CASEY,
IN DIVORCE
Defendant
DECREE IN
DIVORCE
~
/3
-~.;l.' ~7/.M.
~s , IT IS ORDERED AND
AND NOW,
MARY LYNN CASEY
DECREED THAT
, PLAINTIFF,
DON L. CASEY
AND
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY,
THE COURT RETAINS JURfSDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The Marriage Settlement Agreement dated October 28, 2004 and signed by
the
arties is hereb
incor orat
to t is Divorce
but not mer ed.
PROTHONOTARY
T:
ATTEST:
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