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HomeMy WebLinkAbout02-4840CHERI LYNNE MCDONOUGH, PLAINTIFF V. JOHN CHARLES MCDONOUGH, SR, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE AND CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court for: X DIVORCE __ ALIMONY PENDENTE LITE X DIVISION OF PROPERTY __ ATTORNEY'S FEES & COURT COSTS __ PERMANENT ALIMONY __ CHILD SUPPORT X CUSTODY OTHER 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 Domestic Relations Office, Luzerne County Court of Common Pleas, Court House Annex II, 113 West North Street, Wilkes-Barre, PA 18711-1001. This list willbe made available to you upon request. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 By: BR~ Attorney for the Plaintiff 321 Clarks Valley Road PO Box 266 Dauphin, PA 17018 (717) 921-2192 CHERI L YNNE MCDONOUGH, PLAINTIFF V. JOHN CHARLES MCDONOUGH, SR, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ._ : CIVIL ACTION - DIVORCE AND CUSTODY COMPLAINT IN DIVORCE AND CUSTODY AND NOW, Plaintiff Cheri Lynne McDonough, by and through her attorney, Brett P Zankel, Esquire, who hereby Praecipes the Prothonotary to enter his appearance in this matter, files a Complaint in Divorce and Custody against Defendant, John Charles McDonough, St, and in support thereof, avers the following: 1. Plaintiff is Cheri Lynne McDonough, who currently resides at 316 S High Street, Mechanicsburg, Cumberland, Pennsylvania, since 2000. 2. Defendant is John Charles McDonough, St, who currently resides at an unknown address. 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Thc Plaintiff and the Defendant were married on June 27, 1986, in Uniontown, Fayette, Pennsylvania. 5. There are two (2) minor children, Meghann Marie McDonough and John Charles McDonough, Jr, born of this marriage. 6. There have been no prior actions in divorce or annulment between the parties. 7. The Plaintiff and the Defendant are both citizens of the United States. 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. 9. Defendant is not a member of the Armed Forces of the United States. COUNT I COMPLAINT UN~ER SECTION 3301(C) OR 3301(9) OF THE DIVORCE CO9E 10. Paragraphs 1 through 9 are incorporated herein by reference. 11. The Plaintiff avers that the marriage is irretrievably broken. 12. Plaintiff and Defendant have been separated since Monday, April 15, 2002. 13. 14. COUNT H COMPLAINT IN INDIGNITIES Paragraphs 1 through 12 are incorporated herein by reference. Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. 15. 16. COUNT Ili REQUEST FOR EQUITABLE DISTRIBUTION Paragraphs 1 through 14 are incorporated herein by reference. Plaintiff requests the Court to equitably divide, distribute or assign the marital property and debts between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant facts. COUNT IV CUSTODY 17. Paragraphs 1 through 29 are incorporated herein by reference. 18. Plaintiff is Cheri Lynne McDonough, "Mother", who currently resides at 316 S High Street, Mechanicsburg, Cumberland, Pennsylvania. 19. Defendant is John Charles McDonough, Sr, "Father", who currently resides at an unknown address. 20. Plaintiff seeks custody of the following children: a. Meghann Marie McDonough 12/24/86 15 316 S High St, Mechanicshurg b. John Charles McDonough, Jr 03/16/88 14 316 S High St, Mechanicsburg The children were bom in wedlock. The children presently reside with Plaintiff "Mother" at the marital residence. During the past two (2) years, the children resided with the following persons and at the following addresses: Mother and Father at 316 S High St, Mechanicsburg, PA The mother of the children is Cheri Lynne McDonough who currently resides at 316 S High St, Mechanicsburg, PA. She is married. The father of the children is John Charles McDonough, St, whose currently lives at an unknown address. He is married. 21. The relationship of Plaintiff to the children is that of Mother. 22. The relationship of Defendant to the children is that of Father. 23. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children on this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of the Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 24. The best interests and personal welfare of the children will be served by granting the relief requested because the children, ages 14 and 15, are in their adolescent formative stage and are confused by their father's depression and threats of suicide. Father is not a care giver, but instead relies on the Defendant and children to care for him. Father has no regular residence and due to his financial abuses and refusal to pay for utility service, is unable to get utility service in his own name. Father further has refused to provide any financial support for the children. The Mother, the nurturing parent, has a flexible work schedule which she has modified to maintain contact with these children, and maintains a socially acceptable structured environment for the best interests and welfare of the children. She has adequate resources to maintain a residence for the benefit of the children. Therefore the Mother is able to provide a stable, nurturing environment needed to raise the children to be educated, productive members of society. 25. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the children. WHEREFORE, Plaintiff prays your Honorable Court to: A. Enter a decree in divorce upon one of the alternative grounds for divorce set forth herein; B. Enter an order of equitable distribution of marital property; C. Enter an Order granting Plaintiff exclusive possession of the marital residence; D. Grant legal custody of the children, Meghann Marie McDonough and John Charles McDonough, Jr, to the Mother, Cheri Lynne McDonough; E. Grant such further relief as the Court may deem equitable and just. By~ 321 Clarks Valley Road PO Box 266 Dauphin, PA 17018 (717) 921-2192 VERIFICATION I verify that the statements made in the foregoing document 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. Date: CHERI LYNN~ MCDONOUGH CHERI LYNNE MCDONOUGH, PLAINTIFF VS JOHN CHARLES MCDONOUGH, SR, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4840 CIVIL CIVIL ACTION- DIVORCE AND CUSTODY RETURN OF SERVICE The undersigned, a suijuris individual, hereby certifies that he served the Complaint of Divorce on Glenn P Martin, pursuant to Pa. R.C.P. 404(2) on the 4~ day of October, 2002, by placing the same in the United States mail, certified, restricted delivery, postage prepaid. Service was effected on October 7, 2002, pursuant to Pa. R.C.P. 405(c), the signed United States Postal Service form PS 3811 is herewith attached as proof of mailing and service. A. Received by (P/ease Pdnt Cleady) L Date of DeliVeo/ · Complete items 1, 2, and 3. Also complete ~ 4 if Restricted Delivery is desired. · Print your name and address on the reverse · o that we can return the card to you. · Attach this card to the back of the mailpiece, or o~ the front if space, permits. 1. ~ Addressed to: 2. Article Number (Copy fram service labeO PS Form 3811, July 1999 [] Agent [] Addres~ s delivery addres [] Yes t below: [] No [] insured Mail Restricted Delivery? (Extra Fee) ,)~Yes 36.3 Domestic Return Receipt 102595 ~ M 17~ ATTORNEY FOR TI21~ PLAINTIFF 321 CLARKS VALLEY ROAD PO Box 266 DAUPHIN, PA 17018 (717) 921-2192 CHERI LYNNE MCDONOUGH, PLAINTIFF VS. JOHN CHARLES MCDONOUGH, SR, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-4840 C : CIVIL ACTION - DIVORCE AND CUSTODY D ate: AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE A complaint in divorce under §201(c) (no fault) of the Divorce Code was filed on October 3, 2002. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing of the Complaint. I consent to the entry of a final decree of divorce. All alimony and property rights are specifically delineated in a marital settlement agreement voluntarily entered into by the Parties and which will be integrated into the final divorce decree. I specifically waive all notice of the Intention to Transmit and the Transmission of the Record. 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. 4904 relating to unsworn falsification to authorities. CHERI L._.y2~'NE/ MCDONOUGH CHERI L YNNE MCDONOUGH, PLAINTIFF VS. JOHN CHARLES MCDONOUGH, SD, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4840 C CIVIL ACTION- DIVORCE AND CUSTODY Date: AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE 1. A complaint in divorce under §201(c) (no fault) of file Divorce Code was filed on October 3, 2002. 2. The marriage of file Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since file filing of file Complaint. 3. I consent to file entry of a final decree of divorce. 4. All alimony and property rights are specifically delineated in a marital settlement agreement voluntarily entered into by file Parties and which will be integrated into file final divorce decree. 5. I specifically waive all notice of file Intention to Transmit and file Transmission of file Record. 6. I verify that file statements made in this affidavit are true and correct. I understand that false statements herein are made subject to file penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. CHERI LYNNE MCDONOUGH, PLAINTIFF VS. JOHN CHARLES MCDONOUGH, SR, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4840 C CIVIL ACTION- DIVORCE AND CUSTODY WAIVER OF COUNSELING Date: I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I to participate in counseling prior to a divorce being handed down by the Court. 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. § 4904 relating to unsworn falsification to authorities. /]/~,r~ Id~_;v.~ By: ,~HN CHARLES MCDONOUGH, CHERI LYNNE MCDONOUGH, PLAINTIFF VS. JOHN CHARLES MCDONOUGH, SR, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4840 C CIVIL ACTION- DIVORCE AND CUSTODY WAIVER OF COUNSELING I have been advised of the availability of marriage com~seling and I understand that I may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I to participate in counseling prior to a divorce being handed down by the Court. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: By: ~ CHERI L~,I~E~cDONOUGH ~ CHERI LYNNE MCDONOUGH, PLAINTIFF VS. JOHN CHARLES MCDONOUGH, SR, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4840 C CIVIL ACTION- DIVORCE AND CUSTODY PROPERTY SETTLEMENT AGREEMENT This Agreement, made this ~ of . . _ etween Cheri Lynne McDonough, hereinafter referred to as "Wife", of 316 S High Street, Mechanicsburg, Cumberland County, Pennsylvania and John Charles McDonough, Sr, hereinafter referred to as "Husband", of 35 W Main Street, Mechanicsburg, Cumberland County, Pennsylvania. WITNESSETH Whereas, the parties hereto are husband and wife, having been married June 27, 1986, in Uniontown, Fayette County, Pennsylvania; Whereas, because of disputes and unhappy differences between the parties, divorce actions have been commenced in Cumberland County Court of Common Pleas to No. 02-4840 C, the parties have reached the following Agreement: ARTICLE ONE PURPOSE OF AGREEMENT It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties following their separation and prior to the entry of any decree in divorce. The parties intend and desire to settle all matters between them relating to the ownership and equitable distribution of any real and personal property, and the settling of all other miscellaneous obligations relative to each other, now and in the future, and the settling of any and all claims and possible claims against their respective estates. The parties intend to and have determined these issues in a manner which conforms to a just and right standard, with due regard to the rights of each party. ARTICLE TWO DIVISION OF MARITAL PROPERTY Real Estate: Each party hereby waives any and all claims that he or she may have in the other's real estate and property. Vehicle: Each party hereby waives any and all claims that he or she may have in the other's vehicles. Remaining Personal Property: The parties acknowledge that they have divided their household furniture, furnishings and other personal property upon terms that are mutually satisfactory. Waiver: Each of the parties does hereby specifically waive, release, renounce, and forever abandon whatever claims, if any, he or she may have with respect to any of the above items which are the sole and separate property of the other. ARTICLE THREE PENSION/RETIREMENT PLANS AND LIFE INSURANCE POLICIES Each party hereby waives any and all claims that he or she may have in the other's retirement, pension, IRA, or 401(k) plans, whether vested or not, or in the other's life insurance policies which exist at this time. ARTICLE FOt~l~ DEBTS The parties each owe, and have signed separate repayment agreements with St Mark's Lutheran Church of Mechanicsburg for one half of an $11, 000 debt regarding house rental. Husband has agreed to assume any and all other joint marital debts accrued prior to May 1, 2002, not including the debt delineated in paragraph (1) of this section. Except as otherwise provided in this Agreement, neither Husband nor Wife has any separate debts for which the other is obligated. Each party warrants to the other that he or she has not incurred' any debts, obligations, or other liability other than those described in this Agreement on which the other party is or may be liable, and each party covenants and agrees that if any claim, action or proceeding is hereafter brought, seeking to hold the other party liable on account of any other debts, obligations, liability, act or omission of such party, such party will, at his or her sole expense, defend the other party against such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party therefrom. ' ARTICLE FIVE DIVORCE AND SEPARATION Simultaneously with the execution of this Agreement, or as soon as legally permissible, the Husband and Wife agree to execute Affidavits of Consent pursuant to Section 3301(c) of the Divorce Code, and any other documents necessary to permit the entry of a final Decree in Divorce. The parties may and shall hereinafter continue to live separate and apart. Each shall be free from interference, authority and control, direct and indirect, by the other, as if he or she were sole and unmarried. ARTICLE SIX SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY Each party hereby waives any and all claims that he or she may ihave had, has or may have in the future for spousal support, alimony pendant lite, and alimony. ARTICLE SEVEN TIME OF DISTRIBUTION Distribution of all property contemplated shall be completed within twenty (20) days of the date that the Decree in Divorce is signed by the Court, or in the case of sale of the Real Property, as soon as practical after a sale is made, unless otherwise specified. ARTICLE EIGHT CUSTODY AND SUPPORT OF MINOR CHILDREN Custody: Husband and Wife agree that both parents shall share legal custody of the two (2) minor children, Meghann Marie McDonough, DOB 12/24/86, and John Charles McDonough, Jr, DOB 3/16/88. The Wife shall have primary physical custody of the two (2) children. Husband shall have liberal visitation of the two (2) children, as agreed upon by both parties and in best interest of the children. Support: Child support shall be paid by Husband to Wife in the amount of $200 weekly. ARTICLE NII~ P~LEASE OF ALL CLAIMS Each party, except as otherwise provided for in this Agreement, releases the other from all claims, liabilities, debts, obligations, actions, and causes of action of every kind that have been or will be incurred. However, neither party is relieved or discharged from any obligation under this Agreement or under any instrument or document executed pursuant to this Agreement. ARTICLE TEN AGREEMENT VOLUNTARILY AND FREELY UNDERSTOOD Each party to this Agreement acknowledges or declares that he or she, respectively: (a) is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties; (b) enters into this Agreement voluntarily, free from fraud, undue influence, coercion, or duress of any kind; (c) has given careful and mature thought to the making of this Agreement; (d) has carefully read each provision of this Agreement; (e) acknowledges that there has been a full and fair financial disclosure by both parties; (f) fully and completely understands each provision of this Agreement, and has employed an attorney to fully explain this agreement and all of that parties rights under the Divorce Code. ARTICLE ELEVEN WAIVER OF ESTATE RIGHTS Except as otherwise herein provided, each party hereby waives, releases, and relinquishes any and all rights that he or she may now have or hereafter acquire as the other party's spouse under the present or future laws of any jurisdiction; (a) to inherit any part of the estate of the other at his or her death; Co) (c) (d) to receive property from the estate of the other by bequest or devise, except under a will or codicil dated subsequent to the effective date of this Agreement; to act as personal representative of the estate of the other upon intestacy, unless nominated by another party legally entitled to so act; to act as personal representative under the will of the other; unless so nominated by a will or codicil dated subsequent to the effective date of this Agreement; (e) to claim a family allowance in the estate of the other. 2. With the exceptions contained in Article Three. ARTICLE TWELVE ATTORNEYS FEES Each party shall be responsible to pay his or her own individual attorney fees. ARTICLE THIRTEEN CONTAINMENT OF ENTIRE AGREEMENT HEREIN This Agreement supersedes any and all other Agreements, whether oral or in writing, between the parties relating to the rights and liabilities arising out of their marriage. This Agreement contains the entire agreement of the parties and is not subject to modification in any respect. ARTICLE FOURTEEN PARTIAL INVALIDITY If any provision of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way. ARTICLE FIFTEEN SUCCESSORS AND ASSIGNS This Agreement, except as otherwise expressly provided herein, shall be binding upon and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors in interest of the parties. ARTICLE SIXTEEN No WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. ARTICLE SEVENTEEN MUTUAL COOPERATION Each party shall, at any time, and from time to time hereafter, take any and all steps to execute, acknowledge, and deliver to the other party any and all instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. ARTICLE EIGHTEEN ACTION FOR ENFORCEMENT In any action for enforcement of any provision of this agreement, the prevailing party shall be entitled to an award of reasonable counsel fees and costs from the other party. ARTICLE NINETEEN FULL DISCLOSURE The parties do hereby warrant, represent, declare and acknowledge and agree that each is and has been fully and completely informed of the wealth, real and personal property, estate and assets of the other, and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities, and any further enumeration or statement thereof in this Agreement is hereby specifically waived; the parties do not wish to make or append hereto any further enumeration or statement of disclosure. ARTICLE TWENTY PREPARATION OF AGREEMENT This Agreement was negotiated between Husband and Wife, and no presumption shall be drawn in favor of or against either of the parties by virtue of its authorship. ARTICLE TWENTY-ONE LAWS OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, and any dispute arising hereunder shall be litigated by agreement of the parties in Cumberland County, Pennsylvania. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals on the date above first written. WITNESSES: CHE McD~Nou~HTM bATE CHERI LYNNE MCDONOUGH, PLAINTIFF VS. JOHN CHARLES MCDONOUGH, SR, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-4840 C CIVIL ACTION- DIVORCE AND CUSTODY PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for emry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under No Fault Section 201(c) of the Divorce Code. 2. Divorce filed October 3, 2002 3. Service of Complaint was effected on October 7, 2002 and the Return of Service was filed on or about October 9, 2002. Date of execution of the Affidavit of Consem, Waiver of Notice, and Waiver of Counseling required by Section 201(c) of the Divorce Code: by Plaintiff: March 10, 2003; by Defendant: March 10, 2003; and were filed on or about March 11, 2003. 5. This divorce is predicated upon the Court's approval and incorporation into the final Decree of a property Settlement Agreement ~ed on or about March 11, 2003. DATE I certify that the Notice of Intern to File Praecipe to Transmit as required by Rule 1920.42(C) was waived by the parties. I further certify that all other documents required by Rule 1920.42(C) are enclosed herewith. BRETT P ZANKEL, E~ ATTORNEY FOR THE P 321 CLARKS VALLEY ROAD PO Box 266 DAUPHIN, PA 17018 (717) 921-2192 ,AINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF Cheri Lynne McDonough Petitioner VERSUS John Charles McDonough, Sr Defendant PEN NA. 4840 C 2002 DECREE IN DIVORCE AND NOW, /07t~t3 /~'~' Cheri Lynne McDonough DECREED THAT , IT IS ORDERED AND , PLAINTIFF, AN D John Charles McDonough, Sr , 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; BY THE COUrt:// Jo PROTHONOTARY