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HomeMy WebLinkAbout01-1922MARALYNN MACKEY, Plaintiff VS. RAYMOND J. MACKEY, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. O1- CIVIL TERM : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to de. fend 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 grounds for divome is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is avail~,ble 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 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. Court Administrator - Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17012; 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 prior to 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 MARALYNN MACKEY, Plaintiff VS. RAYMOND J. MACKEY, JR. Defendant (717) 2.43-7922 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 01 - /67 ;/,L CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) and 3301(d) OF THE DIVORCE CODE COMES NOW, Plaintiff Maralynn Mackey, through her attorney, James J. Kayer, Esquire and avers as follows: COUNT I - DIVORCE 1. Plaintiffis Maralynn 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 of record 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 Plaintiffand 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 ~ad that Plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Respectfully submitted, Date: March 26, 2001 Jam~{l~ Kaye~ ~s-o~re 4 Lil~erty Ave~tie j Carlyle, PA/~*0~ (717~ 243-7~2 ,J VERIFICATION OF PLEADINGS The foregoiug document is based upon information which has been gathered by my cotmsel and myself in the preparation of this action. The language of the document may, in part, be the language of my cotmsel at{d not my ov;n. I have read the statements made in this document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief'. To the extent that the contents of the statements are that of counsel, I have relied upon counsel irt making this Verification. I understand that false statements herein are made subject to the penallies of 18 PA. C.S. § 4904, relating to unsworn falsification to authorities. MARALYNN MACKEY, Plaintiff VS. RAYMOND J. MACKEY, JR. Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 01 - 1922 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO Pa. R.C.P. 1920.4(a)(1)(ii) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. 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. J:s J. I~uire Sworn to,and subscri, l~before ~n~this 18th da~ of April 2001 ..... [ --N~,t~ Public [ · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 2. Article Number (Co. py fron~ $e/~Jce, labet) PS Form 381 1, July 1999 r-1 Agent ;~ Addressee Yes [] No 3. Servic pe [] Registered 1=3"~eturn Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~es~''~- r IiM' NOTARIAL SEAL Vickie J. Group, Notary Public rough of Carlisle, County of Cumberland y Commission Expires Aug. 30, 2004 Domestic Return Receipt 102595-99-M-1789 MARALYNN MACKEY, Plaintiff VS. RAYMOND J. MACKEY, JR. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 - 1922 CIVIL TERM : : 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, 1. 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 alimony, division of property, lawyer's fees or expenses if I 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 tree and correct. I understand the false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ,2001 MARALYNN MACKEY, Plaintiff VS. RAYMOND J. MACKEY, JR. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 - 1922 CIVIL TERM : : iN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THEPROTHONOTARY: 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. (1) 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). B. Date Plaintiff's Waiver of Notice in 3301(c) Divome was filed with the Prothonotary:; Date Defendant's Waiver of Not)qe in 3301(c) Divorce was filed with the Prothonotary. / Atto~, for MARALYNN MACKEY, Plaintiff V. RAYMOND J. MACKEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1922 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of July, 2001, upon consideration of Plaintiff's praecipe to transmit record, and it appearing that Plaintiff's notice of intention to request entry of a divorce decree was served upon Defendant at the same time 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, James J. Kayer, Esq. 4 Liberty Avenue Carlisle, PA 17013 Attorney for Plaintiff Raymond J. Mackey, Jr. 123 Opossum Lake Road Carlisle, PA 17013 Defendant, Pro Se :rc MARALYNN MACKEY, Plaintiff VS. RAYMOND J. MACKEY, JR. Defendant IN THE COUR'r OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 01 - 1922 CIVIL TERM : : IN DIVORCE pRAECIPE TO TRANSMIT RECORI~ TO THE PROTHONOTARY: Please transmit the record, together with the following information to the court for entry of a divorce decree: I. 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. (1) 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: 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 Atto~n Telephone: (717) 243-7922 CERTIFIED MAIL RESTRICTED DELIVERY RETURN RECEIPT REQUESTED Z 452 472 447 Kayer and Brown Attorneys At Law A Professional Corpora[ion Liberty Loft 4 E. Liberty Avenue Carlisle, Pennsylvania 17'013 e-maih jkayer@epix.net July 10, 2001 FAX: (717) 243-0946 Raymond J. Mackey, Jr. 123 Opossum Lake Road Carlisle PA 17013 RE: Mackev vs. Macke¥ - In Divorce Dear Mr. Mackey: Please find enclosed for your reference a Notice of Intention 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 file your response with the Courthouse within 20 days of receipt of same. Very tmly yours, James J. Kayer JJKJvjg Encls. cc: Maralyrm Mackey S66[ l[ldv '00~ uJJo~ Scl IN THE COURT OF COMMON PLEAS MAR~LYNN MACKEY, Plaintiff OF CUMBERLAND COUNTY STATe Of ~,~,~ ? VERSUS RAYMOND J. MACKEY~ JR. Defendant PENNA. NO. 01-1922 Civil Term DECREE IN DIVORCE AND NOW, DECREED THAT AND MARALYNN MACKEY RAYMOND J. MACKEY, JR. , ~ I , IT IS ORDERED AND , PLAINT[ FF, , 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; NONE BY THE COURT: