The URL can be used to link to this page

Home My WebLink About10-3385Lindsay Gingrich Maclay, Esquire F??;1 DALEY ZUCKER MEILTON MILER & GINGRICH, LLC C11C A 1029 Scenery Drive Harrisburg, PA 17109 r (717) 657-4795 2010 Iii, i t- I 1mac1ay 2dzmmglaw.com IN THE COURT OF COMMON PLEAS 6 ", -` CUMBERLAND COUNTY, PENNSYLVANIA KERRY E. MALONEY, Plaintiff No. /G 335 V. KRISTEN C. Y. MALONEY, Defendant CIVIL ACTION - LAW (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 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, One Courthouse Square, 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 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, Pennsylvania 17013 (717) 249-3166 Date: '1? 20 2b 10 ae) #7? DALEY ZUCKER MEILTON MINER & GINGRIC , LLC By: Gi Ma lay, Esquil preme urt ID 4 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 Attorneys for Plaintiff Lindsay Gingrich Maclay, Esquire DALEY ZUCKER WILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclay(a)dzinmglaw. com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRY E. MALONEY, Plaintiff No. 10 - 3 3 YS-0v 1 V. CIVIL ACTION - LAW KRISTEN C. Y. MALONEY, Defendant (In Divorce) COMPLAINT UNDER § 3301(c) OR § 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Kerry E. Maloney, who currently resides at 126 N. 27`x' Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Kristen C. Maloney, who currently resides at 111 B S. 24'x' Street, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 9, 1993, in Harrisburg, Pennsylvania. 5. Two children were born of this marriage, namely: Evynn M. Maloney, whose date of birth is March 17, 1998, and Kellen T. Maloney, whose date of birth is December 29, 1999. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The parties have been advised of the availability of marriage counseling and their ability to request that the Court require the parties to participate in counseling. They have been further advised that they can obtain a list of counselors from the Cumberland County Prothonotary's Office. Having been so advised Plaintiff does not desire the Court to order counseling. See Plaintiff's Affidavit attached hereto as Exhibit "A" and incorporated herein by reference. 8. Plaintiff is a member of the Army Reserves and Defendant is not a member of the United States armed forces. 9. The cause(s) of action and section(s) of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file and Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on or about April 11, 2010, when Wife left the marital residence. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant from the bonds of matrimony. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: 2 l] 2 t? By: ?rJ.e',rf ..? x.....,.. -7, ? y. S preme Vort #87954 1029 SceDrive Harrisburg, Pennsylvania 17109 Attorneys for Plaintff Exhibit "A" A IVIVI l A V19P I, Kerry E. Maloney, being duly sworn according to law, depose and say: (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 by the court. 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: Kerry E. Maloney laintiff VERIFICATION I, Kerry E. Maloney, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Dated: 0 116 I '? ?A o, Z I K &y E. Maloney, aintiff Lindsay Gingrich Maclay, Esquire ~(~(~-~a G ~;w' DALEY ZUCKER MEILTON MINER & GINGRICH, LLC ~i~ ~C F}F`,;,t' ?.('r~f1"~'l1ftY 1029 Scenery Drive Harrisburg, PA 17109 ZQ{Q .~~~~ ~~ ~~ 2~ ~ ` (717)657-4795 lmaclay~a~dzmmglaw com ~,~ :~, ,~fi~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KERRY E. MALONEY, ; Plaintiff No. 2O I O " ,33 W ~il V l 1. v. CIVIL ACTION -LAW KRISTEN C. Y. MALONEY, ; :Defendant (ln Divorce) ACCEPTANCE OF SERVICE ~` AND NOW, this day of , 2010, I, Elizabeth S. Beckley, Esquire, hereby accept service on behalf of Defen t, of a certified copy of the Complaint in Divorce filed by Plaintiff with the Court on May 21, 2010. ~liza~eth S. Beck Beckley & Madden 212 N. Third Street P.O. Box 11998 Harrisburg, PA 17108 Counsel for Defendant KERRY E. MALONEY, :IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW JN DIVORCE KRISTEN C.Y.MALONEY, -nom; N - Defendant/Petitioner :NO. 10-3385 mm t-- 7C - + PETITION FOR EQUITABLE DISTRIBUTION, COUNSEL FEES, COS Nif EXPENSES AND ALIMONY 4 AND NOW comes the Defendant/Petitioner, Kristen C.Y. Maloney, who, by and through her attorneys, Elizabeth S. Beckley, Esquire, Charles O. Beckley, H, Esquire, and Beckley & Madden, of Counsel, files this Petition for Equitable Distribution, Counsel Fees, Costs and Expenses and Alimony, in which she avers that: 1. Defendant/Petitioner, Kristen C.Y. Maloney, is an adult individual residing at 2620 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Plaintiff/Respondent, Kerry E. Maloney, is an adult individual residing at 126 N 27th Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff/Respondent filed a Divorce Complaint in this matter on or about May 20, 2010, at the above-captioned docket number. 4. Plaintiff/Respondent and Defendant/Petitioner have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. O"A ?a-t. 50 -P1 al? C)O. o X91 pv? a-7 s?tfj? 5. Plaintiff/Respondent and Defendant/Petitioner each owned, prior to the marriage, both real and personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property, subject to equitable distribution under the Divorce Code. 6. Plaintiff/Respondent and Defendant/Petitioner have been unable to agree as to an equitable division of said property. 7. Defendant/Petitioner lacks sufficient property to provide for her reasonable means and is unable to support herself in the standard of living established during the marriage through appropriate employment. 8. Defendant/Petitioner has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 9. Defendant/Petitioner requires reasonable alimony to adequately maintain herself in accordance with the standard of living established during the marriage. 10. Plaintiff/Respondent has adequate earnings to provide for the Defendant's/Petitioner's support and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant/Petitioner, Kristen C.Y. Maloney, respectfully requests the Court to: (1) divide all marital property equitably between the parties; (2) enter an award of counsel fees, costs and expenses; and (3) enter an award of alimony in 2 her favor. DATED: S r ,d t?--- of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 Respectfully submitted, VERIFICATION I, Kristen C. Y. Maloney, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. r DATED: I Kristen C. Y. M ncy CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, :Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 may.. _, DATED: S f ? f ?.-- *Ze it IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA KERRY E. MALONEY, Plaintiff No. 10-3385 V. CIVIL ACTION- LAW Wr-' ,r- KRISTEN C. Y. MALONEY, -< Defendant In Divorce)F PRAECIPE =' TO THE PROTHONOTARY: Kindly withdraw the appearance of Daley Zucker Meilton Miner & Gingrich, LLC, as counsel for Plaintiff in the above-captioned matter. Daley Zucker Meilton Miner& Gingrich, LLC Date: Sandra L. Meilton, E uire Attorney I.D.No. 32551 635 N. 12`h Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 smeilton @dzmmglaw.com Kindly enter the appearance of Lindsay Gingrich Maclay, Esquire as counsel for the Plaintiff in the above-captioned matter. Law Offices of Peter J. Russo, P.C. Date: U Li dsay Oirich NfaclaT, Esqui 5 06 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 (717) 591-1755 lgmaclay @pjrlaw.com