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Home My WebLink About04-5961 MARTHA S. CAMACHO, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.(Y.I- ~q~1 G/~tl'-r~ MICHAEL J. CAREY, Defendant CIVIL ACTION - LAW 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 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 located at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 {800}-990-9108 or {717}249-3166 MARTHA S. CAMACHO, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0'-1 - .s'9i. r C!w;L 7~ MICHAEL J. CAREY, Defendant CIVIL ACTION - LAW DIVORCE COUNT I COMPLAINT UNDER SECTION 330l(c) OF THE DIVORCE CODE 1. Plaintiff is Martha S. Camacho, who currently resides in Cumberland County , Pennsylvania and has so resided since June 2004. Her mailing address is P.O. Box 382, Lemoyne, PA 17043. 2. Defendant is Michael Joseph Carey, who currently resides at New Haven Correctional Center, 245 Whalley Avenue, New Haven, Connecticut 06511. 3. Plaintiff has been bona fide resident in the Commonwealth of Pennsylvania since around April 2002. 4. The Plaintiff and Defendant were married on February 14, 2002. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The parties have been separated since August 2002. 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. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. COUNT II REQUEST FOR DIVORCE DUE TO IRRETRIEVABLE BREAKDOWN UNDER 3301(d) OF THE DIVORCE CODE 9. Paragraphs 1 through 8 are incorporated herein by reference. 10. The marriage of the parties is irretrievably broken. 11. Two (2) years have elapsed since the date of separation of Plaintiff and Defendant - that date being in August of 2002. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court require the parties to participate in such counseling. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree in Divorce, pursuant to Section 3301(d) of the Divorce Code. COUNT III REQUEST FOR DIVORCE DUE TO INDIGNITIES UNDER 3301(a) (6) OF THE DIVORCE CODE 13. Paragraphs 1 through 12 are incorporated herein by reference. 14. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render Plaintiff's conditionintolerable and life burdensome. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. YOFFE & YOFFE, P.C. By /JfJLl/-v Ifl/lJJ, ,jlFfRE~N. YO~:~ ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net MARTHA S. CAMACHO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. MICHAEL J. CAREY, Defendant CIVIL ACTION - LAW DIVORCE VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true 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. ~4904 relating to unsworn falsification to authorities. Dated: ~e:~c~ l 0 ~ ......... It ...a \> ......... .......... ~ (I r--.> ~ ~ ~ = ~ ~':.:.> ..s:..- ~.' I . ~ - ~l' ~ ~ ~ I ii -~ C) i;~~ i:.;", ...;.:: n1 f== f',.') l)~ -0 ~:~;~ ) '-0 (,) :.:l~ ~ ~. I -0 ;J:;:-d ." ~~ :,;?t5 (' C' ':? om :i'~ -"I -:z:-. -.-=1 f.i -< N :..<: - OL/ - set!..l G,-,~lY~ AFFIDAVIT OF SERVICE State of Connecticut) SS: Uncasville County of New London) February 2, 2005 Before me, the undersigned authority, this day personally appeared Joshua C. Martin, who having been first duly sworn, deposes and says: I Joshua C. Martin, a State Marshal of the County of New London, State of Connecticut, am authorized to serve process in this State. On the 2nd day of February, 2005, I served the Divorce Complaint (Time Stamped November 29, 2004), Acceptance of Service Document, and letter dated January 28, 2005, upon Michael Joseph Carey, by leaving said documents with and in his hands at Corrigan-Radgowski Correctional Center, 986 Norwich-New London Tpke., Uncasville, Connecticut. /1 tr-- / JosL~ C. Martin " State Marshal subscrib,ed and slj-orn to before me: ~f t-(nrlAdf~ 2005. UMMA~- Nota Public My comnission expires: ELIZABETH A. MARSHALL NOTARY PUBLIC tl'i COMMISSION EXPIRES SEP. 30, 2008 .-y::> "5 ::1-- ~ fJ., ...... f'\ (J:> N J:' po, ~ ~ co - MARTHA S CAMACHO, Plaintiff . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYL VANIA vs. . NO. 04-5961 CIVIL TERM MICHAEL J CAREY, Defendant . CIVIL ACTION - LAW . DIVORCE AFFIDA VII OF CONSENT 1. A Complaint in Divorce under g3301(c) of the Divorce Code was filed on November 29, 2004. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. g4904 relating to unsworn falsification to authorities DateX' \ CJ _ v2. b- oS X;&,~ QG1...n~ M THA S. CAMACHO (') f'; ,..., c.:~ 0<;:;::' en o -n --l :c_ rn-'-' r- :-am i2'~Y ::jC.J '".... -;-i ~~~ ~~ 5J -< .,0:.... = -< I CiJ 4J N MARTHA S. CAMACHO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO, 04-5961 CIVIL TERM MICHAEL J CAREY, Defendant : CIVIL ACTION - LAW : DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A D1VORCE DECREE UNDER &3301(c) AND 93301(d) OF THE DIVORCE CODE 1, I consent to the entry of a final Decree in 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 are made subject to the penalties of 18 Pa.C.S, 94904 relating to unsworn falsification to authorities, DateX \ 0 _ ;U~,-O ':) ;6 ~ (1 ,,, fY\lo MARTHA S. CAMACHO () c --- r--> = co eft - "'- C) """ I 0:> f,?, =r..,., fhp -"o!;Q "\'1'-,-<' ;~')(-, ;~~ ^') ~~ '< -,~ :z: N -- MARTHAS, CAMACHO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVAN1A vs, : NO, 04-5961 CIVIL TERM MICHAEL 1 CAREY, Defendant : CIVIL ACTION - LAW : DIVORCE AFFlDA VIT OF CONSENT 1. A Complaint in Divorce unders3301(c) of the Divorce Code was filed on November 29, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint 3, I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. 1 verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.94904 relating to unsworn falsitication to authorities, p'''lo(; ~, rJ2~ T MICHAEL J. CARE~ o ~~; "-> = ,= c.t' o ." ':T!." n1r=- -''.:In': ""'9 ~-.J(~ .~-,. :::_'2f-f1 um ~ :)5 -< d ~~ I co :'? -~" N MARTHA S CAMACHO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO, 04-5961 CIVIL TERM MICHAEL J CAREY, Defendant : CIVIL ACTION - LAW : DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER9330](c) AND93301(d) OF THE DIVORCE CODE I. I consent to the entry of a final Decree in 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 are made subject to the penalties of 18 Pa.CS. $4904 relating to unsworn falsification to authorities Date Ie) I Y /06- mA.wJ.~~ }..l1CHAEL], CAiT?EY -~- "'" c;.:J ~ - ~- o ....c 1 CO -:;::; -'" _:"'- ~ ::?,..,-, h1p:: ",al;r:\ "J.,...- ;:')() .~':f.t ;,)"'" :'~~f..l n ~~ eM ~ - - r0 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ) COUNTY BRANCH MARTHA S. CAMACHO Plaintiff ) ) CIVIL ACTION - LAW vs. ) ) ) NO. 04-5961 MICHAEL J. CAREY Defendant ) PRAECIPE TO 1RANSMIT THE RECORD 1. Grounds for divorce: x Section 3301(c) of the Divorce Code Section 3301(d) of the Divorce Code 2. (a) Date complaint filed: November 29, 2004 (b) Date of service of the complaint: February 2, 2005 (c) If service 30 days after date of filing, date complaint reinstated: Pa.R.C.P. 404 allows for 90 days for service. Complaint was not reinstated but it did not have to be. (d) Manner of service of the reinstated complaint: Certified mail, restricted delivery to and return receipt signed by defendant. First-class mail - not returned, certified mail refused, 15 days have elapsed Date of mailing: Date certified mail refused Personal service by Sheriff and/or Deputy Sheriff X Personal service by competent adult other than Sheriff (Aftidavit attached) Acceptance of service (copy attached) By publication pursuant to Order of Court (Copy of Order attached) . 3. (a) Affidavit of consent required by Section 3301(c) of the Divorce Code: Date of execution: Plaintiff 10/26/2005 Defendant 10/14/2005 Date of filing: Plaintiff Defendant (herewith) (herewith) (b) Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: Date of execution: Date of service upon defendant: 4. Related claims pending: None 5. (a) Date of service of the notice of intention to request entry of divorce decree, copy of which is attached: Marmer of service of notice of intention: Certified mail First-class mail Personal service Acceptance of service Publication pursuant to Order of Court Other (b) Date waiver of notice of intention to request entry of divorce decree was filed with the Prothonotary: By plaintiff: By defendant: Herewith Herewith VERIFICATION I verify that the statements made in this praecipe are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Yaffe & Yaffe, P.C. Date: November 5,2005 By /IAJJh//J~ Cf1ftfEey N.'Yaffe, Esq. Attorney for Plaintiff . Olj - S9t..! C.ioll <--r~ AFFIDAVIT OF SERVICE State of Connecticut) 55: lJncasville County of New London) ,ebruary 2, 2005 Before me, the undersigned authority, this day personally appeared Joshua C. Martin, who having been first duly sworn, deposes and says: I Joshua C. Martin, a State Marshal of the County of New London, State of Connecticut, am authorized to serve process in this State. On the 2nd day of ,ebruary, 2005, I served the D1vorce Complaint (Time Stamped November 29, 2004), Acceptance of Service DOCUlllent, and letter dated January 28, 2005, upon Michael Joseph Carey, by leaving said documents with and in his hands at Corrigan-Radgowski Correctional Center, 986 Norwich-New London Tpke., lJncasvi1le, Connecticut. ;( //JOS ua C. Martin v State Marshal () C," (-'-' ~ 11 Subscribed and s~rn to before me: ~f t"GOr\h;1,\1 2005. lliMA~ Nota Public -n r'; ",-1 t.'..i My commission expires; C~\ EUZABETH A. MARSHALL NOTARY PUBUC MYCOIIt.IISS1ONEXPIRfS SEP.~. 2006 ----------- ,...., t;~~:O ~ ~?.." ..c-?, , cP >'" Q, --' ::C-r>, rnf""- -oeD ~1'}V ,",..,) fL. ~:.'\:;?, ..r_""I) ~,~(.') .)'>'i..~n S\ ;~ -n :J;: .- .' -- I"" . . . . . . . . . :t: :t::+.:+. :to: :+.:+.:+. :+.:+.:+.:+.:+.:+.:+.:+.:+.:+.:+.:+.:+.:+.:+.:+.:+.:+.:+.:+.:+.:+.+++++ ++++++++++++++++~ . . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY . . . . . . PENNA. STATE OF . . Martha S. Camacho . . . . 04-5961 No. . . . . . VERSUS Michael J. Carey . . . . DECREE IN . . . . . . DIVORCE . . . tJ~/~ ~1f:3oA./t1 . "Jodf " [T [S ORDERED AND AND NOW, . . . Martha S. Camacho DECREED THAT , PLA[NT[FF, . . Michael J. Carey , DEFENDANT, AND . . . . . . ARE D[VORCED FROM THE BONDS OF MATR[MONY, . . . THE COURT RETA[NS JUR[SD[CT[ON OF THE FOLLOW[NG CLA[MS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACT[ON FOR WHICH A F[NAL ORDER HAS NOT YET BEEN ENTERED; . . None . . . . . . . . . . . . . . . . . Of.;+: +;+::ti Of. ++ . . . . . . . . ~ 7 . . ATTE'T'~ ~ ( ~. PROTHONOTARY J. . . . ... + + + + ++ ;+: + ++++++ + + + ++ + + . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . . . . -d~ .2 ~?_/ ~~ 50- J{" '// #-f' jl::/ 2- /ITVI#' ~() ';:YJ .so, / t.' . If . ., #I "