Judge Rejection.

[gloria530]

What is the name of your state (only U.S. law)? PENNSYLVANIA'


I followed every single step to the "T" , I do not understand what he wants me to do now, and I have 19 days to do it. I just wanted to be divorced already and I am now just lost.


The following are what the judge sent back in the paper work.

1. "Improper Service. Plaintiff cannot make service of complaint" [ I have no idea what this means, but all the steps I followed I did as instructed ]

2. "Divorce Decree does not comply with Pa. Rule 1920.76" [ Wants the paperwork changed to his "Standards and Likings" which I can just change through word ]

3. "Claims Resolved by agreement which is sought to be incorporated into divorce decree must be raised by a pleading of record. Count II of complaint is not a claim for Edquitable Distribution" [ Complete blank here ]

4. "Acceptance of Service is not dated Properly" [ The date on the Acceptance of Service is the day he signed for the paperwork through certified mail ]



Thanks to any individual that is willing to lend a hand.

-Gloria

 

[Just Blue]

What is the name of your state (only U.S. law)? PENNSYLVANIA'


I followed every single step to the "T" , I do not understand what he wants me to do now, and I have 19 days to do it. I just wanted to be divorced already and I am now just lost.


The following are what the judge sent back in the paper work.

1. "Improper Service. Plaintiff cannot make service of complaint" [ I have no idea what this means, but all the steps I followed I did as instructed ]

2. "Divorce Decree does not comply with Pa. Rule 1920.76" [ Wants the paperwork changed to his "Standards and Likings" which I can just change through word ]

3. "Claims Resolved by agreement which is sought to be incorporated into divorce decree must be raised by a pleading of record. Count II of complaint is not a claim for Edquitable Distribution" [ Complete blank here ]

4. "Acceptance of Service is not dated Properly" [ The date on the Acceptance of Service is the day he signed for the paperwork through certified mail ]



Thanks to any individual that is willing to lend a hand.

-Gloria

I am thinking you are Pro Se in this case?

 

[Silverplum]

You need to use your county's Rules of Court, which should be on their website.

1. Did you properly serve your X?

2. Relates to those Rules I mentioned.

3. You are trying to incorporate a previous agreement into your decree, and have done it without proper motion. You need to read and learn what to filr. (Pro se is tough work!)

4. Perhaps it's too late.

 

[sandyclaus]

What is the name of your state (only U.S. law)? PENNSYLVANIA'


I followed every single step to the "T" , I do not understand what he wants me to do now, and I have 19 days to do it. I just wanted to be divorced already and I am now just lost.


The following are what the judge sent back in the paper work.

1. "Improper Service. Plaintiff cannot make service of complaint" [ I have no idea what this means, but all the steps I followed I did as instructed ]

2. "Divorce Decree does not comply with Pa. Rule 1920.76" [ Wants the paperwork changed to his "Standards and Likings" which I can just change through word ]

3. "Claims Resolved by agreement which is sought to be incorporated into divorce decree must be raised by a pleading of record. Count II of complaint is not a claim for Edquitable Distribution" [ Complete blank here ]

4. "Acceptance of Service is not dated Properly" [ The date on the Acceptance of Service is the day he signed for the paperwork through certified mail ]



Thanks to any individual that is willing to lend a hand.

-Gloria

You need to use your county's Rules of Court, which should be on their website.

1. Did you properly serve your X?

2. Relates to those Rules I mentioned.

3. You are trying to incorporate a previous agreement into your decree, and have done it without proper motion. You need to read and learn what to filr. (Pro se is tough work!)

4. Perhaps it's too late.

I believe #1 refers to the possibility that the Plaintiff (OP) was the one who served the papers. Service would be improper because the Plaintiff is not allowed to serve her own papers upon the Defendant.

Per Pa. Rule 1930.4(a), original process in all domestic relations matters may be served by the sheriff or a competent adult. A "competent adult" is further defined in Rule 76 as an individual eighteen years of age or older who is neither a party to the action nor an employee or a relative of a party.

 

[single317dad]

1. According to the statute posted previously, certified mail is an acceptable form of service. You might want to try service via sheriff, a process server, or another adult who can properly fill out a proof of service form. http://www.pacode.com/secure/data/231/chapter1930/s1930.4.html

(c) Service by Mail. Except in Protection from Abuse matters unless authorized by special order of court pursuant to subdivision (b) above, original process may also be served by mailing the complaint and order to appear, if required, to the defendant’s last known address by both regular and certified mail. Delivery of the certified mail must be restricted to addressee only, and a return receipt must be requested.

That means you have to pay the extra fees for return receipt and restricted delivery.

2. http://www.pacode.com/secure/data/231/chapter1920/s1920.76.html

The decree of divorce shall be substantially in the following form:

(Caption)
DECREE

AND NOW,

, 19
, it is ordered and decreed that
, plaintiff, and
, defendant, are divorced from the bonds of matrimony.
The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered.

Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending.
BY THE COURT:

3. I'm guessing you've asked for something that you and your spouse agreed to in the second paragraph of your complaint. Either that, or he expected you to do so and you have not.

4. See #1. The whole service issue may hinge on him not dating the form properly. For example, I like to date things 2014-01-10, but that's not acceptable in some forums.

 

[gloria530]

Hello all!

Thank you for quickly responding and trying to assist me , I greatly appreciate it!

1. He was served the papers via certified mail and I was given the delivery confirmation and his signature that he had received it by the carrier directly, he actually went and picked up the package from the postal master.

2. The judge had given me the decree paper back with the notations of what he wants fixed and rewritten, I believe this one i can handle as he noted everything he wants changed and how he wants it.

3. I am starting to think this has to deal with child support and belongings, which I we did agree upon certain factors, but the clerk handed me back this sheet and said she did not need it, I am starting to think she did not know what she was doing and this was suppose to be filed as well?

4. As for the Acceptance of Service date.... I believe I may have found out what the issue with that is, The clerk when i had to mail him the certified mail, did not include this with the package to mail to him. So it was dated 10/24/13 and it was Delivered "Picked Up" by him 9/13/13 which I believe the acceptance of service needs to say as the date and NOT 10/24/2013 (Because that is 61 days and not 90, which PA Requires you to wait)


Thanks again! I think I am understanding this all a little more as you are guiding me in the right direction!

-Gloria