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Home My WebLink About02-1054 vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; No. Dd.-"- J D3f Civil Term ABIGAIL M.C. CAREY, Plaintiff ERNEST R. CAREY, Defendant : ACTION IN 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 A venue Carlisle, Pa. 17013 (717) 249-3166 vs. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. OJ- ~Ja:5'f Civil Term ACTION IN DIVORCE ABIGAIL M.C. CAREY, Plaintiff ERNEST R. CAREY, Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Abigail M.C. Carey, a competent adult individual, who has resided at 800 Burgners Road, Carlisle, Cumberland County, Pennsylvania, since January 3, 2002. 2. Defendant is Ernest R. Carey, a competent adult individual, who resides at 1546 Long Run Road, Schuylkill Haven, Schuylkill County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on June 2, 2001 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have one child together, namely, Cameron Jacob Carey, d.o.b. March 14,2000. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken; and/or (b) That the Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. 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 unsworn falsification to authorities. Respectfully submitted, Date: cR. ~8 . O~ J I. . No. 79465 7 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF -;~ i\:. (j~ ~~ ~ - - ~ ~ @ <:\s~ 6:-. Q ~ (fi ~ 0 c> C ['0 ? :K ~"". -aUI ::::;<Jio , ~D mrn ;:0 Z:Ir I zr;;- .r::- c..:: ~;,' (~) !<o :;:~'" T !-, ~0 ::t' '''"j "-yl "'~ ~7('" ---0 <? C) "'c .--j :z r::- :l:: =< ..." J;:'" -< . . ABIGAIL M.C. CAREY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 1054 Civil Term 2002 ERNEST R. CAREY, Defendant : ACTION IN DIVORCE AFFIDAVIT OF SERVICE OF NOTICE TO DEFEND ANDCOMPLAINT AND NOW, this March 7, 2002, I, Jane Adams, Esquire, hereby certify that on March 6, 2002, a true and correct copy of the NOTICE TO DEFEND AND COMPLAINT were served, via certified mail, restricted delivery, return receipt requested, addressed to: Ernest R. Carey 1546 Long Run Road Schuylkill Haven, Pa. 17972-8982 DEFENDANT Respectfully Submitted: ane Adams, Esquire . . No. 79465 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF . Compie\e I*na 1. 2, and 3. - compIole ~em 4 H ~ DelIv\l1y 18 dlIllINd. . PI1nI yaM narf1!.lInd lIdc:trI8ii llII the ...- SO thai" can""'" the card to you. . Attach tIlI8 card to the back of the mallplece. or on the lronl H space permits. 1. ArtIcle_to: A. ~ by~Pr1tIt CIewty) 1::-rA~(- ~ C. SlgnatuI'O X D.II~__lIcmItem1? H YES, enter dIIivery _ below: " o Agent .."'! 0_ OYoe o No ~e.~ Jb-Y~~Rwn~ 5vhuy/~1I ~/fc.- J 7?7(),. -~d-. 2. ArtlcIeNumber~ U () -6 (JlwI'ferrrom~~ \,~~ ~7l)(1()Q ~ Tf~\b '76 7/ PS Fonn 3111 i. MIlICh 2001 DomootIC Return RecelpI , 3. _Type O~MoIl Ao"Islalod 0 Return RecelpI for_1M o Inourod Moll 0 C.O.D. ~-- ~ - --- 10258l5-01-M-142" . ABIGAIL M.C. CAREY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 1054 Civil Term 2002 ERNEST R. CAREY, Defendant : ACTION IN DIVORCE NOTICE TO RESUME PRIOR SURNAME. To the Prothonotary: Notice is hereby given that the Plaintiff in the above matter: X prior to the entry of a Final Decree in divorce. OR _ after the entry of a Final Decree in Divorce hereby elects to resume the prior surname of MILLER and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. s704. Date:o_~a-o~ ~.f ML!lAdW ABIGAI .C. MILLER Signature of Name being resumed. COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the ~~ ~; of YYJ ~002 before me, the undersigned officer, personally appeared .Qh~1Yl c.. ~ known to me, (or satisfactorily proven) to be the person whose n e is subscribed to th . thin instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. . ~QD~ tary Public , NOTARlALSEAL . JANE E ADA.~S, Notaly Public My commission expires: Carlisle BolO, Cumberland County My Commission Explres Sept. 6, 2004 0 Rg fE 0 ~ :J: -I) d?(~' .:z;:.,. ;::: f:!/ -- -y., r ~ .. <r:- I'\) !',.::..;;.' ~ C/) ~l:' "y ~"'''I 'Ii ;:s~,- i}'rg ~ ~C.J -n )\ "- Uo-l $C --",. d~'i:! ~ '-""'C" v, J...' ....i ;S; ~ ~ c- ""< < ~ ~ ;:::, ~~.' t' Cn 5,) '"" ABIGAIL M.C. CAREY, Plaintiff IN THE COURT OF COMMON PLE S CUMBERLAND COUNTY, PENNSY VANIA V5. No. 1054 Civil Term 2002 ERNEST R. CAREY, '. ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301 (c) of the Divorce Code was filed on March 4,2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety d ys have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of i tention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also u derstand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to u sworn falsification to authorities. Date: 4/' /6.5 WAIVER OF NOTICE OF INTENTION TO RE~UEST ENTRY OF A DIVORCE DECREE UNO R '3301 (c) OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of prope y, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonota I verify that the statements made in this affidavit are true and correct. I und rstand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating t unsworn falsification to authorities. Date: tf /1 /OJ ~ (') c: s:: '"UCD n1n Z~:C 2:C (fJ",-, -<" ~"~~. ~2": >-:< )> "-- C /- ~ a w )::lIo ""U :::u o "'1'1 ;:p '.0 ~'..!_~ i'" \D ) (~S -i-i '-n :0 .c,-, iT) ~:; -~ :0 -< , ABIGAIL M.C. CAREY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 1054 Civil Term 2002 ERNEST R. CAREY, : ACTION IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under ~3301 (c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by certified mail. restricted delivery, return receipt reauested, delivered on~ .~ - " - 6 ~ 3. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce Code: By Plaintiff: Lf - Lf -0 ~S By Defendant: Y - / - 6 '3 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: Lf - q .- 3 Date Plaintiff's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: Lf - / Lf - 3 Respectfully Submitted: Date: Y c / Lt, 3 r - Q ~ "'tJI) , n'7f;.- ~? ;~~ ;""/--" ~<~:: ~~,':' 1; ~?: :?-: -..1 -<:; ;.~~ -' ''') .') 0'\ '" '" if. '" '" '" '" '" "'''' '" '" "'if. if. if. if.if. if. if. if. if. if. if. if. if. if. if. if. if. if. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Abigail M.C. Carey, Plaintiff No. 02 - 1054 Civil Term No. VERSUS Ernest R. Carey, Defendant DECREE IN DIVORCE AND NOW'~~{ J.ltJ Abigail M.C. Carey 6tl'l 07 PM. ,~ IT IS ORDERED AND DECREED THAT , PLAI NTIFF, AND Ernest R. Carey , 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. d~ ( ROTHONOTARY '" "'''' '" "'if. if."'if.'" '" '" "''''if. "''''if.''' if. if. J. if. if. if. if. if. if. if. '" if. if. ",,,,If. ~b~~ ~ W5e-11 ~/(;?P~ ~ ~ n [??'5e,1' . , . ,. . y ~\.,' 4 ,', .. ..' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CITIFINANCIAL MORTGAGE COMPANY, INC. FIKIA ASSOCIATES HOME EQUITY SERVICES, INC., Plaintiff v. : NO. 02-1054 Civil Term BLAIR W. TRUMP, ANNA MAY TRUMP, : CML ACTION - LAW Defendants PRELIMINARY OBJECTIONS OF DEFENDANT. ANNA MAY TRUMP TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Anna May Trump, by her attorney, who files the within Preliminary Objections to Plaintiff s Complaint, as follows: I. PRELIMINARY OBJECTION RAISING FAILURE TO CONFORM TO RULES OF COURT OR LAW. 1. Plaintiff s complaint alleges a cause of action in mortgage foreclosure against defendants Blair W, Trump and Anna May Trump, and was filed on or about March 11,2003. 2, Plaintiffs complaint alleges in paragraph 3 that on or about May 26, 2001, defendants executed a mortgage in favor of Plaintiff lender. 3. On or about April 18, 2003, Plaintiff filed a "Suggestion of Death" certifying that the defendant Blair W. Trump, died on or about November 14,2000. 4. Therefore, it is impossible that on 05/26/01 defendants executed a mortgage docwnent. 5, A defendant must be a person who actually or legally exists and the responsibility for bringing suit against the proper defendant rests upon the plaintiff. 6, A decedent cannot be named as a defendant in an action and Plaintiff subsequent filing of a "Suggestion of Death" does not cure an improperly filed action. 7, Plaintiff had notice prior to filing the within action that defendant Blair W, Trump was deceased but chose to ignore that information, WHEREFORE, defendants respectfully request that plaintiffs complaint be dismissed for failure to comply with rule of court. II. PRELIMINARY OBJECTION RAISING INSUFFICIENCY OF COMPLAINT 8. Objecting Defendant incorporates by reference the averments of Paragraphs 1 through 7 above, as if set forth herein at length, 9. Pa,Rc'P, 1019 provides that a pleading shall state specifically whether any claim is based upon a writing and, if so, the pleader should attach a copy of the writing to the complaint. \1). }1. Plaintiff alleges in paragraph 3 of its complaint that: "On OS/26/01 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF.,.." \ \. ~. Plaintiff fails to attach a copy of the "mortgage" or applicable portions of the loan docwnents and, therefore, Plaintiffs allegation directly contradicts the "Suggestion of Death" filed by Plaintiff on 4/18/03 that states: "defendant BLAIR W. TRUMP is deceased -- date of death on or about 11/14/00", ,2..)4. Plaintiff fails to allege its cause of action in a precise and summary form and there is a patent inconsistency between the "Suggestion of Death" filed by Plaintiff and the averments of its pleading regarding the date the alleged mortgage docwnent was signed. \ 3. }6. As a result of plaintiff's vagueness in stating the grounds of its pleading, defendant's ability to respond will be unduly impaired. WHEREFORE, Defendant respectfully request that Plaintiffs' Complaint be dismissed for failure to comply with law. Respectfully submitted, ~,~ Stephen ,Portko,Esquire #34538 101 South V.S, Route 15 Dillsburg, P A 17019 (717)432-9706 Attorney for Defendant Anna May Trump FEDERMAN AND PHELAN, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center Plaza Suite 1400 Philadelphia, P A 19103 (215) 563-7000 CITIFINANCIAL MORTGAGE COMPANY, INC., COURT OF COMMON PLEAS F/KfA ASSOCIATES HOME EQUITY CIVll.. DIVISION SERVICES, INC. v. CUMBERLAND COUNTY BLAIR W. TRUMP ANNA MAY TRUMP NO. 03-1054 SUGGESTION OF DEATH RE: DEFENDANT BLAIR W. TRUMP AND RELEASE OF DEFENDANT'S LIABILITY COMMONWEALTH OF PENNSYLVANIA: FRANCIS S. HALLINAN, ESQUIRE, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief, the Defendant, BLAIR W, TRUMP is deceased -_ date of death on or about 11114/00. Plaintiff hereby releases BLAIR W. TRUMP from liability for the debt secured by the mortgage, As the, property was owned by defendants, BLAIR W. TRUMP AND ANNA MAY TRUMP as tenants by the entireties, upon the death of BLAIR W, TRUMP, ANNA MAY TRUMP became sole owner of the mortgaged premises as surviving tenant by the entirety. FEDERMAN AND PHELAN By: rancis S, Hallinan, Esquire Attorney for Plaintiff Dated: ~/1~/D3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Preliminary Objections was provided by U.S. Mail, postage prepaid, first class, to the following: Francis S. Hallinan. Esquire FEDERMAN AND PHELAN, LLP One Penn Center Plaza, Suite 1400 Philadelphia, Pennsylvania 19103 Date: sf C52-./ () 3 ~~ BY: j Stephe K. Portko ~ o c ",.. 4::.. -0 OJ mn; Z.JJ ;::: c-. en}; ~~. ..;.> f;"; .c::' -( o w :x :00. -< I N o ." ::;:! ~1~ r, -~1 fT1 ,,'jy .. J ~') 1~ ~rl ~o ~~:;rq ,...; ~ 5:J ~ o r::- (]"I