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Home My WebLink About01-5272ANDREW G. FAIDLEY VS. KATHLEEN A. MACKAY Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O,- CIVIL ACTION - NOTICE TO DEFEND AND CLAIM RIGHTS YOU RAVE 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, Cumberland County Courhouse, 1 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 RAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR'LAWYER AT ONCE. IF YOU DO NOT RAVE 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 Cumberland County Courthouse 4th Floor, Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 ANDREW G. FAIDLEY, Plaintiff V. KATHLEEN A. MACKAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0,- CIVIL ACTION-DIVORCE 1. The at 10 Marshall Pennsylvania. 2. resides 29732. 3. COMPLAINT IN DIVORCE COUNT NO. Plaintiff is Andrew G. Drive, 1 Faidley who currently resides #I-01, Camp Hill, Cumberland County, The Defendant is Kathleen A. Mackay who currently at 1904 Paces Landing Avenue, Rock Hill, South Caroline Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least three (3) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant are both citizens of the United States of ~tmerica. 5. The Defendant is not a member of the Armed Services of the United States or any of its allies. 6. The Plaintiff and Defendant wore married on May , in Benton County, Arkansas. 7. There have been no prior actions of divorce or annulment between the parties. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Decree: Defendant; WHEREFORE, the Plaintiff requests the Court to enter a (a) Dissolving the marriage between Plaintiff and Dated: PANNEBAKER AND JONES, P.C. Attorneys for Plaintiff Peter R Hen~inger, ~., Esquire I.D. #44873 4000 Vine Street Middletown, PA 17057 Telephone: (717) 944-1333 VERIFICATION I verify that and correct. I understand that subject to the penalty of 18 Pa. falsification to authorities. the statements made false C.S.A. in this Complaint are true statements herein are made ~4904, relating to unsworn :sls FAIDLEY DIVORCE 8 ~ ANDREW G. FAIDLEY, Plaintiff KATHLEEN A. MACKAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. I Ter CIVIL ACTION-DIVORCE PROOF OF SERVICE BY CERTIFIED MAIL I, Peter R. Henninger, Jr., Esquire, of the law firm of Pannebaker and Jones, P.C., being duly sworn according to law, deposes and says that he did serve a copy of the Complaint in Divorce in the above-captioned matter, G. Faidley, September, filed on behalf of Andrew to the above term and number on the 11th day of 2001, by mailing a copy of said Complaint in Divorce by Certified Mail, Return Receipt Requested, to the last known address, that being: 1904 Paces Landing Avenue, Rock Hill, SC 29732. The original Return Receipt, as well as the receipt for Certified Mail No. 70993400001548929495 are attached evidencing the delivery of the above referred Complaint in Divorce. Date: /~/~ , 2001 SWORN and subscribed to bef.°,.r~.-;this ~/~-~.L day :sls FAIE~EY PROOFOFSERVICE PANNEBAKER & JONES, P.C. By:~ Pet ~er R. Henhinger, Ur., Esquzre I.D. #44873 4000 Vine Street Middletown, PA 17057-3596 Telephone: (717) 944-1333 PRH-FAIDLEY #17108 item 4 if Restricted Delivery is desired. · Print your name and address o~ the reverse so that we can mtum the cerd to you. · Attach this card to the back of the mailpisce, or on the front if space permits. KAMEN A. 1904 P~es Landing Avenue Rock Hill, SC 29732 D. is de~ eddress d if YES, e~er delivery address below: OYes 3. Service 'Type I [~Nifled Mall r'l Express Mall ~ Registell~d i~ Re~urn Rec~ J r'l insured Mall r'l C.O.D." : , 4. Restricted Delivery? tExtta Fee) r-I Yes 7099' 3/~0 PS Form 3811, July 1999 Dome~lo Return Receist 10G~'~ f~ 1789 ANDREW G. FAIDLEY, Plaintiff V. KATHLEEN A. MACKAY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA : : NO. : : CIVIL ACTION- DIVORCE ; DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S DIVORCE COMPLAINT IN THE NATURE OF A MOTION TO DISMISS AND NOW, this~.t/ day of November 2001, comes the defendant, Kathleen A. Mackay, by and through her attorneys, Courtney L. Kishel, Esquire, and The Law Offices of Richard C. Gaffney, and respectfully requests this Honorable Court to dismiss plaintiff's divorce complaint, and in support thereof, avers the following: Plaintiff, Andrew Faidley, filed a divorce complaint in Cumberland County on September 7, 2001. Defendant, Kathleen Mackay was served a copy of the divorce complaint via certified mail, on September 27, 2001. The divorce complaint avers that Defendant is a resident of South Carolina. Defendant Mackay admits that she resides at 1904 Paces Landing Avenue, Rock Hill South Carolina 29732. Ms. Mackay has in fact never resided in Pennsylvania. The parties last resided as husband and wife in South Carolina. The divorce complaint further avers that Plaintiff Faidley has "been a bona fide resident of the Commonwealth of Pennsylvania for at least three (3) months immediately previous to the filing of this Complaint." 10. 11. Accordingly to Pa.R.Civ. P. 1920.12, a divorce complaint must aver that either party is a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the commencement of action. Plaintiff has not averred that either party has been a bona fide resident of the Commonwealth for at least six (6) months immediately previous to the commencement of the action. The divorce complaint fails to aver the necessary period of residence and is therefore void for failing to comply with the provisions of Pa.R.Civ. P. 1920.12. Ms. Mackay subsequently filed a divorce complaint in South Caroline on October 19, 2001. Mr. Faildley was subsequently served a copy via certified mail. A hearing is temporarily scheduled for November 28, 2001 on that matter. WHEREFORE, the Defendant respectfully requests this Honorable Court to dismiss the divorce complaint in Cumberland County since Plaintiff failed to comply with the provisions of Pa.R.Civ. P. 1920.12, and permit the divorce to proceed in South Carolina where personal jurisdiction exists. Respectfully Submitted, Law Offices of Richard C. Gaffney C~t~tney L. Ki~e-~squire -- PA Supreme CMart ID# 81509 2120 Market Street, Suite 101 Camp Hill, PA 17011 975-9033 11/26Y':'2'991 16::35 B~332~JllB5 D.$. b$OLLYClqE:(:~( I ve6f~ that tho sml~nents nmde in ~his ~ompb/nt ore lruc md correct. 1 ~ dm false smlemems hc~in ere nmdc subject to the penalties of I~ Pa. CS.A. ~4~04, zela6ng to u~wom falsificntlon Io an~m'i~ies. ANDREW G. FAIDLEY, Plaintiff V. KATHLEEN A. MACKAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5272 CIVIL ACTION- DIVORCE CERTIFICATE OF SERVICE I, Courtney L. Kishel, Esquire, hereby certify that I have served a true and correct copy of the Preliminary Objections to Plaintiff's counsel via United States certified mail this 13t~ day of December, 2001 addressed to: Mr. Peter R. Henninger, Jr., Esquire Law Offices of Pannebaker and Jones, P.C. 4000 Vine Street Middletown, Pennsylvania 17057-3596 c' ney L. k]sl~ Esqulr~ Attorney ID# 8151)9 ANDREW G. FAIDLEY, Plaintiff Ve KATHLEEN A. MACKAY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA : : NO. 01-5272 : : CIVIL ACTION- DIVORCE DEFENDANT'S MOTION TO DISMISS COMPLAINT AND NOW, this 7th day of Januaxy 2002, comes the above-named Defendant, by and through her attorneys, Courtney L. Kishel, Esquire and The Law Offices of Richard C. Gaffney, and respectfully requests This Honorable Court to dismiss the above- captioned action, and in support thereof avers the following: 1. On September 7, 2001, pla'mtiff, Andrew Faidley filed a divome complaint in Cumberland County. The divorce complaint averred that plaintiff was a bona fide resident of the Commonwealth of Pennsylvania for at least three (3) months prior to filing the complaint. According to Pa.R.Civ.P. 1920.12, a divome complaint must state "an averment that the plaintiff, defendant or both have resided in the Commonwealth for at least six months immediately previous to the commencement of the action." 4. Accordingly, the divorce complaint filed by plaintiffwas deficient on its face for failing to comply with Pa.R.Civ. P. 1920.12. On November 27, 2001, defendant, Kathleen Mackay, filed Preliminary Objections to Plaintiff's Divorce Complaint In the Nature of a Motion to Dismiss, stating that the plaintiff failed to comply with Pa.R.Civ. P 1920.12. The preliminary objections were filed pursuant to Pa.R.Civ. P 1028 (a)(2), which states that preliminary objections may be filed for "failure of a pleading to conform to law or rule of court..." Pa.R.Civ. P.1028(a)(2). 7. Accordingly, under Pa.R.Civ.P. 1028 (a)(2), a responsive pleading is not necessary as the Court may nde based on information provided in the record. 8. Opposing counsel, Mr. Peter Henninger, Esquire, was served a copy of the Preliminary Objections on December 14, 2001. (See Exhibit A). 9. Twenty (20) days have expired from the date of service of Defendant's Preliminary Objections on opposing counsel, and there has been no response filed on behalf of Plaintiff. 10. Defendant has properly filed a divorce complaint in South Carolina on October 19,2001, whereupon Mr. Faidley was served a copy via certified mail. Said action is still pending in the Courts of South Carolina. WHEREFORE, the Defendant, Kathleen A.Mackay, respectfully requests This Honorable Court to dismiss the divorce complaint pending in Cumberland County, as it is deficient on its face for failing to comply with Pa.R. Civ. P 1920.12, and permit the divorce to proceed in South Carolina. Respectfully Submitted, The Law Offices of Richard C. Oaffney Courtney L. Kish~[1, Esquire EXH'rBZT A CERTIFICATE OF SERVICE I, Courtney L. Kishel, Esquire, hereby certify that I have served a tree and correct copy of the Preliminary Objections to Plaintiff's counsel via United States certified mail this 7th day of January, 2002 addressed to: Mr. Peter R. Henninger, Jr., Esquire Law Offices of Pannebaker and Jones, P.C. 4000 Vine Street Middletown, Pennsylvania 17057-3596 Courtney-IJ. Ki~el, Esquire Attorney ID# 81509 ANDREW G. FAIDLEY, : Plaintiff : : vs. : 01-5272 CIVIL : KATHLEEN A. MACKAY, : CIVIL ACTION - LAW Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: DEFENDANT'S MOTION TO DISMISS COMPLAINT ORDER AND NOW, this ~. ~ r day of January, 2002, a nde is issued on the plaintiff to show cause why the relief requested in the within motion to dismiss ought not to be granted. This nde returnable ten (10) days after service. BY THE COURT, ANDREW G. FAIDLEY, Plaintiff/Petitioner KATHLEEN A. MACKAY, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5272 : : CIVIL ACTION- DIVORCE ; PETITION TO MAKE RULE ABSOLUTE AND NOW, this 12th day of February, 2002, comes the Defendant, Kathleen A. MacKay, by and through her attorneys, the Law Offices of Richard C. Gaffney, who respectfully requests that this Honorable Court grant this Petition to Make Rule Absolute and in support thereof avers as follows: On November 27, 2001, the Defendant filed Preliminary Objections to Plaintiff's Divorce Complaint in the Nature of a Motion to Dismiss for failing to comply with Pa.R.C.P. 1920.12, which states that a party must be a bona fide resident of the Commonwealth of Pennsylvania for at least 6 months prior to filing, On January 7, 2002, the Defendant subsequently filed a Motion to Dismiss Complaint asking this Honorable Court to dismiss the Complaint in Divorce. In January 28, 2002, the Honorable Kevin A. Hess, issued a Rule to Show Cause on the Plaintiff regarding said Motion to Dismiss, returnable within 10 days of service. Ten days have passed from the issuance and service of the Rule to Show Cause and no response to the Rule has been filed by Plaintiff. WHEREFORE, Defendant, Kathleen A. MacKay, respectfully requests that this Honorable Court grant her Petition to Make Rule Absolute and Dismiss Plaintiff's Complaint in Divorce. Respectfully Submitted, THE LAW OFFICES OF RICHARD C. GAFFNEY Courtney I~. Ki~l, Esquire -- The Law Offices of Richard C. Gaffney 2120 Market Street Suite 101 Camp Hill, PA 17011 (717) 975-9033 CERTIFICATE OF SERVICE I, Courtney L. Kishel, Esquire, hereby certify that I have served a true and correct copy of this Petition to Plaintiff's counsel via United States certified mail this 12th day of February 2002 addressed to: Mr. Peter R. Henninger, Jr., Esquire Law Offices of Parmebaker and Jones, P.C. 4000 Vine Street Middletown, Pennsylvania 17057-3596 ~oUr~m~yY I~9Esqmre ANDREW G. FAIDLEY, Plaintiff/Petitioner KATHLEEN A. MACKAY, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5272 : : CIVIL ACTION- DIVORCE : PETITION TO MAKE RULE ABSOLUTE AND NOW, this 12th day of February, 2002, comes the Defendant, Kathleen A. MacKay, by and through her attorneys, the Law Offices of Richard C. Gaffney, who respectfully requests that this Honorable Court grant this Petition to Make Rule Absolute and in support thereof avers as follows: On November 27, 2001, the Defendant filed Preliminary Objections to Plaintiff's Divorce Complaint in the Nature ora Motion to Dismiss for failing to comply with Pa.R.C.P. 1920.12, which states that a party must be a bona fide resident of the Commonwealth of Pennsylvania for at least 6 months prior to filing, On January 7, 2002, the Defendant subsequently filed a Motion to Dismiss Complaint asking this Honorable Court to dismiss the Complaint in Divorce. In January 28, 2002, the Honorable Kevin A. Hess, issued a Rule to Show Cause on the Plaintiff regarding said Motion to Dismiss, returnable within 10 days of service. Ten days have passed from the issuance and service of the Rule to Show Cause and no response to the Rule has been filed by Plaintiff. WHEREFORE, Defendant, Kathleen A. MacKay, respectfully requests that this Honorable Court grant her Petition to Make Rule Absolute and Dismiss Plaintiff's Complaint in Divorce. Respectfully Submitted, THE LAW OFFICES OF R1CHARD C. GAFFNEY Courtney I~. Kis~l, Esquir~ -- The Law Offices of Richard C. Gaffney 2120 Market Street Suite 101 Camp Hill, PA 17011 (717) 975-9033 CERTIFICATE OF SERVICE I, Courtney L. Kishel, Esquire, hereby certify that I have served a true and correct copy of this Petition to Plaintiff's counsel via United States certified mail this 12th day of February 2002 addressed to: Mr. Peter R. Henninger, Jr., Esquire Law Offices of Pannebaker and Jones, P.C. 4000 Vine Street Middletown, Pennsylvania 17057-3596 CourteSy L. Kill, l, Esquir-~ Attorney ID# 8~09 ANDREW G. FAIDLEY, Plaintiff/Petitioner KATHLEEN A. MACKAY, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5272 : : CIVIL ACTION- DIVORCE COURT ORDER AND NOW, this /~'~ay of February, 2002, after due consideration of Attorney's foregoing Motion to Dismiss, filed pursuant to Pa.R. Civ. P. 1920.12, and after a review of the record in this case, IT IS HEREBY ORDERED AND DECREED THAT, the Plaintiff's Complaint in Divorce is hereby dismissed for failing to comply with the provisions of Pa.R. Civ. P. 1920.12. ~BqOO ~' '" '~