HomeMy WebLinkAbout01-04952IN THE COURT OF COMMON PLEAS
DONALD K. COFFEE
Plaintiff
N O. 01-4952 CIVIL TERM
VERSUS
DEBBIE J. COFFEE,
Defendant
DECREE IN
DIVORCE
AND NQ W, ~~„OVL~, IO eJ '~ 2002 IT IS ORDERED AND
DECREED THAT DONALD Ki, COFFEE _, PLAINTIFF,
AND DEBBIE J. COFFEE ,DEFENDANT,
ARE DIVORGED 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;
No issues are outstanding. All issues have been resolved and settled by
the Parties' Marriage Settlement Agreement dated November 4, 2002, filed
of record and incorporated into, but not merged with, this Decree.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD K. COFFEE,
Plaintiff NO. 01-4952 CIVIL TERM
V. CIVIL ACTION - LAW
IN DIVORCE
DEBBIE J. COFFEE,
Defendant
TO TH8 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 Section 3301(c) of the Divorce Code.
2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT:
a. Da. of filing of Complain 8/23/01
b. Mann r of ,-,.; of ompla;n Acceptance of Service by Defendant
c. Date of Gervice of Complain 8/27/01
3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF
THE DIVORCE CODE:
a, Plaintiff; 10/18/02
b. Defendant; 11/03/02
08
DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301(D) OF
THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON
THE DEFENDANT:
a. Da- of ~ ion: N/A
b. Date of Filing: N/A
c. Da of ryic N/A
4. RELATED CLAIMS PENDING:
No issues are pending. All issues have been resolved pursuant to the parties'
Marital Agreement dated November 3, 2002, which Agreement is to be incorporated
into but not merged with the Divorce Decree.
5. DATE AND MANNER
TRANSMIT RECORD,
UNDER SECTION 33
a. Date of SeY
b. Manner of
DATE WAIVER OF
OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO
A COPY OF WHICH IS ATTACHHD, IF THE DECREE IS TO BE ENTERED
O1(D)(1)(I) OF THE DIVORCE CODE:
~.: N/A
r~ vide: N/A
08
NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE
PROTHONOTARY:
a. Plain iff' Wai r; 10/21/02
b. pef_ ndan Wa;v r; 11/05/02
G. CLIFF, ESQUIRE
rindle Road
Camp Hill, PA 17011
Supreme Court ID # 32112
Phone: (717) 737-0100
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DONALD K. COFFEE,
Plaintiff
v.
DEBBIE J. COFFEE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. Ql- y9~ a Cist~
CIVIL ACTION -LAW
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.
When the ground for 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 at the Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania 17013.
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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166
DONALD K. COFFEE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
DEBBIE J. COFFEE, :CIVIL ACTION -LAW
Defendant : IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff, Donald K. Coffee, is an adult individual who currently resides at
911 Willcliffe Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. His
date of birth is February 13, 1954, and his social security number is 259-94-8773.
2. Defendant, Debbie J. Coffee, is an adult individual who currently resides at
27 Sycamore Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. Her date
of birth is March 24, 1955, and her social security number is unknown.
3. Plaintiff and Defendant have been bonafide residents in the Commonwealth
of Pennsylvania for a period of at least six (6) months immediately previous to the filing
of this Complaint in Divorce.
4. The Plaintiff and Defendant were marred on December 9, 1980, in Macon,
Georgia.
5. The marriage is irretrievably broken.
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 requests the Court to enter a decree of divorce.
COUNTI
ALIMONY
8. The averments of paragraphs 1 through 7 are incorporated herein by
reference as though fully set forth at length.
9. The Plaintiff believes and therefore avers that he is entitled to an award of
alimony pursuant to the provisions of the Divorce Code.
COUNT II
ALIMONY PENDENTE LITE, COUNSEL
FEES. COSTS AND EXPENSES
10. The averments of paragraphs 1 through 9 are incorporated herein by
reference as though fully set forth at length.
11. The Plaintiff believes and therefore avers that he is entitled to an award of
reasonable alimony pendente lite, counsel fees, costs and expenses.
12. Defendant is fully well and able to pay Plaintiff alimony pendente lite,
counsel fees, costs and expenses incidental to this divorce action.
WHEREFORE, Plaintiff respectfully requests the Court enter a decree:
a. Dissolving the marriage between Plaintiff and Defendant;
b. Directing the Defendant to pay alimony to the Plaintiff;
d. Directing the Defendant to pay alimony pendente lite and Plaintiff s
counsel fees, costs and expenses incidental to this divorce; and
e. Granting such further relief as the Court may determine equitable and just.
Respectfully submitted,
~vc~,~.~ r~"
Heather M. Faust
Attorney ID #77947 ,
Killian & Gephart
218 Pine Street
Harrisburg, PA 17101
(717)232-1851
Dated: August 22, 2001
Attorneys for Plaintiff
VERIFICATION
I hereby verify that the statements of fact made in the foregoing document are true
and correct to the best of my knowledge, information and belief. I understand that any false
statements made therein are subject to the penalties contained in 18 Pa.C.S.A. §4904,
relating to unsworn falsification to author` --
g~ZL~~d
CERTIFICATE OF SERVICE
I hereby certify that I have served a hue and correct copy of the foregoing
Complaint in Divorce upon the following by depositing a copy of same in the United
States mail, regular and certified, restricted delivery, return receipt, postage prepaid,
addressed as follows:
Ms. Debbie J. Coffee
27 Sycamore Drive
Mechanicsburg, PA 17050
Kimberly J. Hain ( ~
Administrative As~
Killian & Gephart
218 Pine Street
Harrisburg, PA 17101
(717)232-1851
Dated: August ~ , 2001
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD K. COFFEE,
Plaintiff
NO. 01-4952 CIVIL TERM
V.
DEBBIE J. COFFEE,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce
Code was filed on August 23, 2001.
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. Section 4904 relating to
unsworn falsification to authc
Dated: ~ ~ Y
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD K. COFFEE,
Plaintiff NO. 01-4952 CIVIL TERM
V. CIVIL ACTION - LAW
IN DIVORCE
DEBBIE J. COFFEE,
Defendant
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 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 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 Waiver are true and
'correct. I understand that false tatements herein are made
subject to the penalties of 18 Pa.C.S. Sectio 4904 relating to
unsworn falsification to authorities.
Dated: ~®~~ ~ ~-
D FFEE
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DONALD K. COFFEE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. DOCKET NO.Ol-4952
DEBBIE J. COFFEE, :CIVIL ACTION -LAW
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF COUNSELING
A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
August 23, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days
have elapsed since the date of filing and service of the Complaint.
I consent to the entry of a Final Decree of Divorce after service of notice of
intention to request entry of the decree.
4. I have been advised of the availability of marriage counseling and understand that I
may request that the Court require that my spouse and I participate in counseling. I further
understand that the Court maintains a list of marriage counselors in the Prothonotary's Office,
which list is available to me upon request. Being so advised, I do not request that the Court
require that my spouse and I participate in counseling prior to a decree 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. Section 4904, relating to
unsworn falsification to authorities.
Date: / ~ ~/
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.J :D
DONALD K. COFFEE,
Plaintiff
vs.
DEBBIE 7. COFFEE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO.Ol-4952
CIVIL ACTION -LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a Final Decree of Divorce without further notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I tmderstand 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. Section 4904, relating to
unsworn falsification to authorities.
Date:
DEBBIE O
.-.
yan7lFS SMm-J D[ ttzxtty & CONNII.LY tLr
Max J. Smith, 7r.
mjsjr@jsdlegal.com
PdAIPJ OFFICE.
134 SIPR AVENUE
HUMMELSTOWN, Pid
17036
November 21, 2001 MAILING ADDRE651
P, o. RaX 6so
HERSFE'/, PA 17D33
iEL. 717.633.3280
FAX 717.5332795
INFO@JSDLEGALCOM
Office of Divorce Master
HARRISBURG OFFICE:
Attn: E. Robert Flicker, II, Esquire 1oa „z bVALNGT `T.
HARRISBURG, FA n1o1
9 North Hanover Street x171 z3e-4776
Carlisle, PA 17013
In re: Coffee v. Coffee
No. 01-4952
In Divorce GARY ~. JAMES
MAX J. SMIrH, JR.
KAREN D1IRKIN
Dear BOb: JOHN J. CONNELLV, JR.
STUART J. MAGDULE
STEVEN A. $TINE
Enclosedy~lease find the Certification of discover/ document which I have sipy~ed on SCOTT A. DIETLERICK
y 'J D" GREGORY K. RICHARDS
behalf of Debbie J. Coffee in the above matter. RIC"ARD ~. DAHLEN
SUSAN M. KAOEL
JARAD W. HANDELMAN
To date, there has been no request made by the other side for any information, and to the DONNA M. MULLIN
EDwAflD P. s, EBER
please be assured that we shall yy~~rom{~tl accommodate
extent an such re(~uest is made
P Y
y NEIL w. vAHN
,
R Y BERNARD A. RYAN, JR.
Ms. Faust and her clieht. This is a simple case involving minimal assets and few, if any,
valuation issues.
In view of the foregoing, we look forward to the scheduling of a pre-trial conference at
your earliest convenience.
Thank you for your kind attention.
~rery traly years,
JAMES MITH, DURHIN & CONNELLY LLP
~~
Max J. Smith, Jr.
MJS,Jr.:amk
Enclosure
cc: Heather M. Faust, Esquire w/enc
Debbie J. Coffee
RN~`f. 2(~ ~d~
DONALD K. COFFEE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. N0. 01 - 4952 CIVIL
DEBBIE J. COFFEE,
Defendant IN DIVORCE
T0: Heather M. Faust Attorney for Plaintiff
Max J. Smith, Jr. Attorney for Defendant
DATE: Thursday, November 15, 2001
CERTIFICATION
~~°~~ I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
~o~~o~o~
DATE COUNSEL FOR P INTIFF ( )
COUNSEL FOR DEFENDANT (k )
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF $OTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
ins
DONALD K. COFFEE,
Plaintiff
v.
DEBBIE J. COFFEE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO.O1-4952
CIVIL ACTION -LAW
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.
When the ground for 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 at the Cumberland County Courthouse, One Courthouse
Square, Carlisle, Pennsylvania 17013.
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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166
DONALD K. COFFEE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. :DOCKET NO.Ol-4952
DEBBIE J. COFFEE, :CIVIL ACTION -LAW
Defendant : IN DIVORCE
AMENDED COMPLAINT IN DIVORCE
Plaintiff, Donald K. Coffee, is an adult individual who currently resides at
911 Willcliffe Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. His date
of birth is February 13, 1954, and his social security number is 259-94-8773.
2. Defendant, Debbie J. Coffee, is an adult individual who currently resides at
27 Sycamore Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. Her date
of birth is March 24, 1955, and her social security number is 265-11-9055.
Plaintiff and Defendant have been bonafide residents in the Commonwealth
of Pennsylvara for a period of at least six (6) months immediately previous to the filing
of this Complaint in Divorce.
4. The Plaintiff and Defendant were married on December 9, 1980, in Macon,
Georgia.
5. The marriage is irretrievably broken.
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 requests the Court to enter a decree of divorce.
COUNTI
ALIMONY
8. The averments of paragraphs 1 through 7 are incorporated herein by
reference as though fully set forth at length.
9. The Plaintiff believes and therefore avers that he is entitled to an award of
alimony pursuant to the provisions of the Divorce Code.
COUNT II
ALIMONY PENDENTE LITE. COUNSEL
FEES. COSTS AND EXPENSES
10. The averments of paragraphs 1 through 9 are incorporated herein by
reference as though fully set forth at length.
11. The Plaintiff believes and therefore avers that he is entitled to an award of
reasonable alimony pendente lite, counsel fees, costs and expenses.
12. Defendant is fully well and able to pay Plaintiff alimony pendente lite,
counsel fees, costs and expenses incidental to this divorce action.
COUNT III
EQUITABLE DISTRIBUTION OF
MARITAL PROPERTY
13. The averments of paragraphs 1 through 12 are incorporated herein by
reference as though fully set forth at length.
14. The Plaintiff and Defendant are the owners of various items of property
acquired during their marriage which are subject to equitable distribution by this Court.
2
WHEREFORE, Plaintiff respectfully requests the Court enter a decree:
a. Dissolving the marriage between Plaintiff and Defendant;
b. Directing the Defendant to pay alimony to the Plaintiff;
d. Directing the Defendant to pay alimony pendente lite and Plaintiff s counsel
fees, costs and expenses incidental to this divorce;
e. Equitably distributing all marital property owned by the parties hereto; and
f. Granting such further relief as the Court may determine equitable and just.
Respectfully submitted,
~d h ~ ~ ~cucAt
Heather M. Faust
Attorney ID #77947
Killian & Gephart
218 Pine Street
Harrisburg, PA 17101
(717)232-1851
Dated: December 13, 2001
Attorneys for Plaintiff
3
VERIFICATION
I hereby verify that the statements of fact made in the foregoing document are true
and correct to the best of my knowledge, information and belief. I understand that any false
statements made therein are subject to the penalties contained in 18 Pa.C.S.A. §4904,
relating to unsworn falsification to author`~~~
~a~~ 310
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the foregoing
Amended Complaint in Divorce upon the following by depositing a copy of same in the
United States mail, postage prepaid, addressed as follows:
Max J. Smith, Esquire
James Smith Durkin & Connelly LLP
134 Sipe Avenue
Hershey, PA 17036
Administrative Vista
Killian & Gephart
218 Pine Street
Harrisburg, PA 17101
(717)232-1851
Dated: December ~,~~ , 2001
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD K. COFFEE,
Plaintiff NO. 01-4952 CIVIL TERM
V. CIVIL ACTION - LAW
IN DIVORCE
DEBBIE J. COFFEE,
Defendant
TO THE PROTHONOTARY OF THE SAID COURT:
Please enter the appearance of Diane G. Radcliff, Esquire, as
attorney for the Plaintiff, Donald K. Coffee in the above captioned
matter. The said Diane G. Radcliff, Esquire, having taken over the
representation of the Plaintiff from his prior legal counsel,
Heather M. Faust, Esquire.
Respectfully submitted,
i
DIAIy.E~G~RADC IFF, ESQUIRE
34 8 Trindle oad
Camp Hill, PA 17011
PHONE: (717) 737-0100
I.D. No. 32112
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD K. COFFEE,
Plaintiff
V.
DEBBIE J. COFFEE,
Defendant
NO. 01-4952 CIVIL TERM
CIVIL ACTION -LAW
IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this 4th day of November, 2002, I, Diane G. Radcliff, Esquire, hereby certify
that I have this day served true and correct copies of the following documents:
1. Praecipe for Entry of Appearance;
2. Defendant's Acceptance of Service of Divorce Complaint;
3. Defendant's Affidavit of Consent;
4. Defendant's Waiver of Notice of Intention to Request Entry of Divorce
Decree;
5. Divorce Information Sheet;
6. Social Security Information Sheet;
7. Vital Statistics Form;
8. Plaintiffs Affidavit of Consent;
9. Plaintiff's Waiver of Notice of Intention to Request Entry of Decree;
10. Marital Agreement dated November 4, 2002;
11. Proposed Divorce Decree;
12. November 4, 2002 letter to Divorce Master requesting revocation of
appointment of Divorce Master.
~ ... ~. .
upon Defendant's Attorney ,Max J. Smith, Jr., Esquire, by mailing the same by first class
mail, postage prepaid, addressed as follows:
Max J. Smith, Jr., Esquire
134 Sipe Avenue
Hummelstown, PA 17036
Respectfully submitted,
DI DCLIFF, ESQUIRE
34 8 Trindle oad I
Ca ', A 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
DONALD K. COFFEE,
Plaintiff
V.
DEBBIE J. COFFEE,
Defendant
N0. 01-4952 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ~~ day of I~Jp~~002, by and
between DEBBIE J. COFFEE (hereinafter called "Wife") and DONALD K.
COFFEE (hereinafter called "Husband.")
WITNESSETH:
WHEREAS, Husband and Wife were married on December 9, 1983; and,
WHEREAS, There has been one (1) child born of this marriage, to
wit: Lauren T. Coffee, born September 5, 1991; and,
WHEREAS, the parties hereto desire to fix and determine by this
Marital Settlement Agreement the rights and claims that have accrued to
each of them in the estate and real and personal property of the other
by reason of the marriage, and all economic rights of every kind and
description arising from the marital relationship, including but not
limited to present and future rights of inheritance, support,
maintenance, alimony, payment of counsel fees and equitable distribution
and to accept the provisions of this Agreement in lieu of and in full
discharge, settlement and satisfaction of all such rights and claims.
NOW THEREFORE, in consideration of the premises and of the
marriage, and in further consideration of the mutual promises and
undertakings hereinafter set forth, each intending to be legally bound
hereby, the parties agree as follows:
1. SEPARATION. It shall be lawful for each party at all times
hereafter to live separate and apart from the other party at such
place as he or she may from time to time choose or deem fit. The
foregoing provisions shall not be taken as an admission on the part
~: ,
of either party of the lawfulness or unlawfulness of the causes
leading to their living apart.
2, TNTF.FFERF.N('F., Edch party shall be free from interference,
authority and contact by the other, as fully as if he or she were
single and unmarried except as may be necessary to carry out the
provisions of this Agreement.
3. WIFE'S DEBTS. Wife represents and warrants to Husband that as of
the date of separation she has not incurred, and in the future she
will not contact or incur, any debts or liability for which Husband
or his estate might be responsible and shall indemnify and save
harmless Husband from any and all claims or demands made against
him by reason of debts or obligations incurred by her. Any and all
loans, and/or debts and charge accounts presently in Wife's name
alone shall be Wife's sole and separate responsibility for payment
thereof, and Wife agrees to indemnify and save harmless Husband
from any loss he may sustain, including attorney fees, as a result
of any default in payment by Wife.
4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as
of the date of the separation he has not incurred, and in the
future he will not contract or incur, any debt or liability for
which Wife or her estate might be responsible and shall indemnify
and save harmless Wife from any and all claims or demands made
against her by reason of debts or obligations incurred by him. Any
and all loans, and/or debts and charge accounts, including the
First USA Visa account, presently in Husband's name alone shall be
Husband's sole and separate responsibility for payment thereof, and
Husband agrees to indemnify and save harmless Wife from any loss
she may sustain, including attorney fees, as a result of any
default in payment by Husband.
5. JOINT DEBTS. Wife shall be solely responsible for payment and
satisfaction of the CAP First MasterCard balance which existed at
the time of separation, August 18, 2001, which Wife represents she
has paid (either directly or by balance transfer) and instead
currently has a credit card account with Direct Merchants which
account shall also be paid solely by her. Wife shall indemnify and
save harmless Husband from any loss he may sustain, including
attorney fees, as a result of any default in payment of the
aforesaid accounts by Wife.
6, FQ rmpgr.E Dr m rgrrrON. Husband and Wife acknowledge and agree
that the provisions of this Agreement with respect to the.
distribution and division of marital and separate property are
fair, equitable and satisfactory to them based on the length of
their marriage and other relevant factors which have been taken
into consideration by the parties. Both parties hereby accept the
provisions of this Agreement with respect to division of property
in lieu of and in full and final settlement and satisfaction of all
claims and demands that they may now have or hereafter have against
the other for the equitable distribution of their property by any
court of competent jurisdiction pursuant to Section 3502 of The
Divorce Code or any other laws. Husband and Wife voluntarily and
intelligently waive and relinquish any right to seek a court
ordered determination and distribution of marital property, but
nothing herein contained shall constitute a waiver by either party
or any rights to seek the relief of any court for the purpose of
enforcing the provisions of this Agreement.
7. REAL ESTATE. The parties are the joint owners as tenants by the
entireties of a certain tract of improved real estate known and
numbered as 27 Sycamore Drive, Mechanicsburg, PA 17050,
(hereinafter referred to as the "Real Estate"), heretofore utilized
as the parties' marital residence. The Real is subject to a
mortgage owed to Washington Mutual and a second mortgage owed to
PNC (hereafter referred to as the "Mortgages"). With respect to
the Real Estate and the Mortgages, the parties agree as follows:
a. Listing and Sale: The Real Estate is currently listed for
sale with Jack Gaughen Realty at an initial listing price of
$215,500.00. The parties shall hereafter continue to have the
Real Estate listed for sale with this real estate broker, or
any other mutually agreeable real estate broker and shall
hereafter market the property so that it can be sold. The
Real Estate shall be sold at the best obtainable price that
pays off the Mortgages, provided that Wife is able to find
suitable replacement housing at that time. The parties
further agree to follow and abide by all reasonable advice as
to listing and sales price suggested by their real estate
broker.
b. Distribution of Proceeds: Upon the sale and settlement of the
Real Estate, the net proceeds derived, after payment of the
Mortgages and all other normal and reasonable settlement
costs, shall be paid to Wife.
c. Refinance or Assunnt~on and Deed mransfer: The foregoing
notwithstanding, if the Real Estate is not sold within one (1)
,~~~.
year of the date of this Agreement, the following shall apply:
1. Annlic= ation: Within ten (10) business days of the date
of expiration of the said one (1) year period, Wife shall
apply for an assumption or refinance of the Mortgages,
such as would result in a release of any and all
liability that husband may have under or pursuant to the
Mortgages and the Notes underlying the Mortgages.
2. Comn~et~on of Assumption or Refinance: Wife shall
complete that assumption or refinancing within seventy
(70) days of the date of expiration of the said one (1)
year period.
3. Deed Transfer: On the date of completion of the
assumption or refinance, Husband shall make, execute and
deliver the deed in the usual form conveying,
transferring and granting to Wife all of his right, title
and interest in and to the Real Estate, which deed shall
be delivered to Wife on that date for recordation.
4. Covenants. Restrictions and Liens: The conveyance of the
Real Ejstate by Husband to Wife shall be under and subject
to any covenants, restrictions, liens and encumbrances of
record.
d. Payment of Expenses: Pending the sale and settlement of the
Real Estate, or conveyance thereof to Wife as heretofore
provided, Wife shall be solely responsible for and shall pay
the monthly payments required on the Mortgages and all other
household expenses including, but not limited to, real estate
taxes, municipal assessments, insurance, utilities,
maintenance and repair and the like, whether incurred in the
past, present or future, and shall indemnify, protect and save
Husband harmless therefrom.
e. Taxes: To the extent any taxes arise as the result of the
sale of the Real Estate including, but not limited to, capital
gains taxes or the equivalent, Wife shall be responsible for
the timely and prompt reporting of that gain on her
appropriate tax returns and shall be liable for payment of any
and all taxes resulting therefrom, including, but not limited
to, capital gains taxes or the equivalent, and further Wife
shall indemnify, protect and hold Husband harmless therefrom.
f, TnAiamnifiratinn; Wlfe shall indemnify, protect and save
Husband harmless from any loss he may sustain, including
attorney fees, as a result of any default in payment of the
aforesaid obligations assumed by Wife pursuant to the
provisions of this Paragraph.
$, ]~T~7T$TO~T OF PERSONAL PROPF•R'r'~' ACCOLTATT'S A~ VEHICLES. The parties
have divided between them, to their mutual satisfaction, the
personal effects, bank accounts, household furniture and
furnishings and all other articles of personal property which have
heretofore been used by them in common. In furtherance of the
foregoing the following shall apply:
a. Wife's Vehicle: Wife shall be entitled to exclusive ownership
of the 1999 Ford Explorer currently in her possession, and
that Husband shall relinquish any and all interest he may have
in same. Wife agrees to be solely responsible for payment of
any and all encumbrances, and other expenses affect such
vehicle. Wife agrees to indemnify and save harmless Husband
from any loss he may sustain, including attorney fees, as a
result of any default in payment by Wife.
b. Husband's Vehicle: Husband shall be entitled to exclusive
possession of the leased 1998 Toyota Camry currently in his
possession, and that Wife shall relinquish any and all
interest she may have in same. Husband agrees to be solely
responsible for payment of the lease, and all other expenses
affecting such vehicle. Husband agrees to indemnify and save
harmless Wife from any loss she may sustain, including
attorney fees, as a result of any default in payment by
Husband.
c. Title Transfer: The parties further agree to execute any
vehicle titles, Power of Attorney or other documents necessary
to give this Paragraph full force and effect, upon request.
d. Other Personal Property: All other Personal Property in the
possession of Husband shall be the sole and separate property
of Husband, and all other Personal Property in the possession
of Wife shall be the sole and separate property of Wife.
9. P ~hT TOId ~ EMP .QVNT hT"' BF'N TT
of certain pension plans and/or
stock or savings plans, and/or
accumulated during the course
Husband and Wife are the owners
retirement plans
401 (k) accounts
of their past
and/or employee
which they have
and/or present
employment. It is hereby specifically agreed that Husband and Wife
each shall forever relinquish to the other his or her right, title
and interest in said pension plans and/or retirement plans and/or
employee stock or savings plans, as well as all other employment
benefits, of the other. Specifically included herein are all
benefits to which Husband is entitled through his employment with
Herre Bros., and all benefits to which Wife is entitled through
Harrisburg Television, Inc.,/WHIM-TV. The parties agree to execute
any and all documentation necessary to effectuate the terms herein
contained.
10. CH1LD SUPPORT. The parties have agreed that on a temporary basis
Husband shall pay child support in the amount of $200.00 per month,
which amount shall be paid on the 1st day of each month for the
month in advance. The payments shall be made by Husband directly
to Wife. The child support amount shall be subject to modification
based on a change in circumstances of either party. It is
acknowledged that there is a Support Order entered to PACSES No.
429103984, Court of Common Pleas of Cumberland County, which Order
was previously suspended by Wife as the result of Husband's prior
loss of employment. That case shall not be terminated, but shall
remain of record, and may be reactivated at any time desired by
Wife. Upon such reactivation, all child support payments shall be
made through Domestic Relations and not directly to Wife. Husband
shall receive credit against any arrears or amounts calculated
under the Order for any direct support payments made by him for
and/or after the period of time commencing on or after the
effective date of the reactivated or new order.
11. A?.2??ON1'. The parties hereto agree and do hereby waive any right
and/or claim they may have, both now and in the future, or in
connection with the pending divorce action between the parties
against the other party for alimony, alimony pendente lite, spousal
support and maintenance.
12. COUNSEL FEES. Husband and Wife agree to be solely responsible for
payment of his or her attorney fees incurred in connection with
this Agreement and the pending divorce action between the parties.
13. L1FE INSURANCE. Husband and Wife agree to maintain whatever life
insurance policies exist as of the date of this agreement which
insure their respective lives naming the minor child as irrevocable
beneficiary until she attains age 21. That beneficiary designation
may be an outright designation of the child as the beneficiary, or
by designating a guardian or trustee to received the death benefits
on behalf or for the benefit of the child pursuant to the terms of
his or her will, a written document, or otherwise. Proof of
beneficiary designation and payment of premiums shall be furnished
annually upon request.
14. FINANCIAL DISCLOSURE. The parties have disclosed to each other and
they are aware of the extent of each other's income, assets,
liabilities, holdings and estates. Husband and Wife confirm that
by executing this Agreement each forever waives any future right to
set aside said Agreement, or to defend against its enforcement or
any portion thereof based upon the absence of such a disclosure by
the other party, or based upon any claim that it is inequitable,
unconscionable or does not make a reasonable provision for one or
the other of them.
16. SUBSEQUENT DIVORCE. Nothing herein contained shall be deemed to
prevent either of the parties from maintaining a suit for absolute
divorce against the other in any jurisdiction, nor to bar the other
from demanding any such suit.
17. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of
Consent and Waiver of Notice of Intention to Request Entry of a
Divorce Decree to facilitate entry of a divorce decree pursuant to
Section 3301 (c) of the Divorce Code contemporaneously with
execution of this Agreement.
18. BREACH. If either party breaches any provision of this Agreement,
the other party shall have the right, at his or her election, to
sue for damages, including attorney fees, for such breach, or
pursue any other remedies or relief as may be available to him or
her respectively in law, equity and as provided in the Divorce
Code.
19. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to
time, at the request of the other, execute, acknowledge, and
deliver to the other party any and all further instruments,
including Deeds and other real estate-related documents, titles,
pension documents, or other documents that may be reasonably
required to give full force and effect to the provisions of this
Agreement.
20. VO.'~'ARv X. rrTON. The provisions of this Agreement and their
legal effect have been fully explained to the parties by Max J.
Smith, Jr., Esquire, attorney for Wife, and Diane G. Radcliff,
Esquire, attorney for Husband, and each party acknowledges that the
Agreement is fair and equitable, that full disclosure has been made
by each respective party to the other, that it being entered into
voluntarily, and that it is not the result of any duress or undue
influence. Wife and Husband acknowledge that they have been
furnished with all information relating to the financial affairs of
the other, which has been requested by them respectively.
21. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise
provided, each party may dispose of his or her property in any way,
and each party hereby waives, and relinquishes any and all rights
he or she may now or hereafter acquire, under the present or future
laws of any jurisdiction, to share in the property or the estate of
the other as a result of the marital relationship, including,
without limitation, dower, curtest', statutory allowance, widow's
allowance, right to take property against the Will of the other,
and the right. to act as administrator or executor of the other's
estate, and each will, at the request of the other, execute,
acknowledge and delivery any and all instruments which may be
necessary or advisable to carry into effect this mutual waiver and
relinquishment of all such interest, rights and claims.
22. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall
bind the parties hereto and their respective heirs, executors,
administrators, legal representatives and assigns. This Agreement
shall survive a decree of divorce between the parties in any
jurisdiction and any other order which may be entered in accordance
with this Agreement. In the event that a Decree of Divorce is
entered in the Court of Common Pleas of Cumberland County,
Pennsylvania or in the event that a Decree in Divorce is entered in
any other jurisdiction, the parties agree to incorporate this
Agreement in the Divorce Decree for purposes of enforcement but
that this agreement shall not merge with that divorce decree. It
is the specific intent of the parties to be bound by the provisions
hereof in lieu of any other claim or order of support, maintenance,
alimony, equitable distribution, counsel fees, costs, maintenance
of insurance, equitable relief or property settlement or with
regard to any other provision hereof. In the event that any final
order of court is entered in any jurisdiction with respect to the
parties hereto which is contrary to the provisions hereof, then the
rights and responsibilities of each of the parties hereto shall be
relieved or adjusted to the extent necessary to conform to this
Agreement.
22, F.T7TTRF. AGFF.F.MENT, Th1S Agreement contains the entire understanding
of the parties, and there are no representations, warranties,
.~.,
covenants or undertakings other than those expressly set forth
herein.
24. MODIFICATION AND WAIVER. A modification or waiver of any of the
provisions of this Agreement shall be effective only if made in
writing and executed with the same formality as 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 or any subsequent default of the same or similar nature.
25. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in
determining the rights or obligations of the parties.
26. IRREVOCABLE AGREEMENT. It is understood and agreed to by and
between the respective parties hereto that the property division-
distribution effected by the herein Agreement is IRREVOCABLE and
that such division-distribution shall not be affected by any future
change in circumstances of the respective parties OR by other
statutory or judicial alternatives which may be available to the
respective parties under prior, current of future laws of the
Commonwealth of Pennsylvania or any other jurisdiction. Except as
provided herein, the parties hereby waive any respective rights to
financial support and/or alimony and/or pension or future
expectancies each may respectively have under prior, current or
future laws or case decisions.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals the day and year first above
Seal}
WITNESS
Date:
Seal}
rvi lava
Date: ~ ~ V ~~
Date: C ~~/_~
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JAn~s SMrrx D~xm & CONNELLY T T P
Max J. Smith, Sr.
mjsjr@jsdlegal.com
f/IgIN OFFICE'.
134 SIFE AVENUE
HUMMELSTOWN, PA
P036
MAILING ADDRESS
P.O. BOX 650
HERSHEY, PA 17033
TEL. 71' 533 3280
FAX 717.533.2795
January 2, 2002 INFOCoJJ50LEGAL.COM
HARRISBURG OFFICE:
108-1t2 WALNUT ST.
HARRISBURG. PA P101
(7177 23&4776
Office of Divorce Master
Attn: E. Robert Elicker, II, Esquire
9 North Hanover Street
Carlisle, PA 17013
GARY L JAMES
MAx J. SMITH, JR.
/~
In re: Coffee V. Coffee KAREN DURKIN
JOHN J. CONNELLY, JR.
No. 01-4952 STUART J. MAGDULE
In Divorce STEVEN A. sTINE
SCOTT A. DIETTERICK
GREGORY K. RICHARDS
RICHARD L DAHLEN
Dear BOb: SUSAN M. KADEL
JARAD W. HANDELMAN
DONNA M. MuwN
Enclosed please find a copy of my letter to Heather Faust dated January 2
2002
which is NEERER
Now w v<
,
, R
in response to her follow-up request for informal discovery information dated December BERNARD A. RYAN, Jfl.
7, 2001. Please schedule the pre-trial conference at your earliest opportunity.
Thank you for your kind attention.
Very truly yours,
Jr1ME5, ITH, DURKIN & CONNELLY LLP
Max J. Smith, Jr.
MJS,Jr.:amk
Enclosure
cc: Debbie J. Coffee
Heather M. Faust, Esquire
lAV>FS SMITH DURIQN & CONNELLY LLP
Max S. Smith, Jr.
mjsjr@jsdlegal.com
January 2, 2002
Killian & Gephart, LLP
Attn: Heather M. Faust, Esquire
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
In re: Coffee v. Coffee
No. 01-4952
In Divorce
Dear Heather:
The following information is being submitted in response to the numbered paragraphs of
your letter dated December 7, 2001:
1. The balance of my client's checking account as of August 18, 2001 was
$2,180.45, and the cuirent account balance is $941.56. Please see copy of enclosed
statement regarding said account, which had been held with First Union, and now is with
PNC.
2. On July 27, 2001, the balance of the First USA Visa card was $1,685. Debbie
made a payment of $1,000 on August 20, 2001, leaving a balance of $685. Debbie paid
that amount ($685) the following month. Her husband placed two charges on such
account on August 14 and August 15 for $874.47, and therefore any balance remaining
on the account are charges he made. Please note that all bills have been sent to Mr.
Coffee since October, and Debbie's name is no longer on the account. Thus, Mr. Coffee
would need to request copies of the August and September statements to verify the
foregoing information.
3. There were no other accounts, investments or assets of any nature at the time of
separation, on or about August 18, 2001.
Thank you for your attention and cooperation.
Very truly yours,
JAMES /J''TH~, DURKIN & CONNELLY LLP
Max J. mith; Jr.
MJS,Jr.:amk
cc: Debbie J. Coffee
GARY L. JAMES
MAx J. SMITH, JR.
KAREN DURKIN
JOHN J. GONNELLV, JR.
Srunm J. MAG W LE
STEVEN A. STINE
SCOTL A. DIETTERICK
GREGORY K. RICHARDS
RICHARD L. DAHLEN
SUSAN M. KADEL
JARAD W. HANDELMAN
DONNA M. MuwN
EDWARD P. SEEBER
NEIL W. YAHN
BERNARD A. RYAN, JR.
E. Robert Elicker, II, Esquire
JAMFS SMm-I DURIQN & CONNELLY LLP
Max J. Smith, Jr.
mjsjr@jsdlegal.com
December 5, 2001
MAIV CERCE
.34 9~PC TVEC'JF
' HiIN}ME-_BTOWN PA
(7OSF
;~IAwNC ,wDBSS-
Office ofDivorce Master ~.o. Box s5o
Attn: P,. Robert Elicker, R, Esquire >IERSHeV PA ,%C33
9 North Hanover Street TES- "'-533.323U
FAX ]125332795
CarhSle, FA 1'013 INFO(a?JSDLEGALCOM
' HARRISBURG OFFICE:
Coffee v
Coffee
I 108-112 WALNUT ST.
.
n re: HARRISBURG, RA n,a,
No. 01-4952 °"' 238-4"s
In Divorce
Dear Bob:
Enclosed please find a copy of my letter to Attorney Faust
which is in response to her GARY L. JAMES
,
informal discovery request. Because this case concerns her client's claim for APL and MAx J. SMIrH, JR.
KAREN DURKIN
there are few issues of e uitable distribution to resolve I resYtectfull re uest that ou JDHN J. CoNNELLV, JR.
q , p Y q Y STUAPT J. MAGDULE
schedule the pre-trial conference at your earliest possible opportunity. This is a case in srEVEN A. SnNE
Score A. DIETTERIGK
which Ms. Faust's client is the moving party, is seeking APL and the ninety days have GREOOaY K. RICHAROs
run. Thus, as you might expect, my client wishes to have all issues brought to a RICHARD L. DAHLEN
susAN M. KAOE~
conclusion as soon as y~raetJeable JARAD W. HANDELMAN
.
Y DONNA M. MULLIN
EDWARD P. SEEEER
,~/- H
Thank you for yonr kind attention and cons>deratJOn. NEIL W. YAHN
BERNARD A. RYAN. JR.
Very Uuly yours,
JAMES SMITH, DURKIN & CONNELLY LLP
,~~ ~~~
Max J. Smith, Jr.
MJS,Jr.:amk
Enclosure
cc: Heather M. Faust, Esquire
Debbie J. Coffee
JAMFS SNIlTH DURIQN & CONNELLY LLP
Max J. Smith, Jr.
mjsjr@jsdlegal.com
December 4, 2001
I:~~ n rv:_~ ..:,i~r,~.
Killian & Gephart, LLP -~~ =_' ~-
Attn: Heather M. Faust, Esquire r
218 Pine Street '
=.
P.O. Box 886 ~~~~-,:i;~_._~E,~~L~,_~I,,,
Harrisburg, PA 17108-0886 I~u~,l;r II.- ~~~--I~~
,itiaia ~seL ~ ~c. ~.-., I t ua
In re: Coffee v. Coffee p"' `'~' "'E
No. 01-4952
In Divorce
Dear Heather:
GARY L. JAMES
Pursuant to your informal discovery request, enclosed please fmd copies of the following MPX J. SMITH, JR.
KAREN DURKIN
documents: JOHN J. CONNELLY, JR.
sTl1ART J. MACOULE
STEVEN A. STINE
SOOTT A. DIETTERICK
1. Ms. Coffee's most recent 401k plan statement through September 30 GRECOav K. RicHAROs
,
2001; RIGHARO L. DAHLEN
SUSAN M. KAOEL
2
Residential appraisal report of Vicki Wickwire dated March 21
2001; JARAO W. HANOELMAN
.
, DONNA M. MuwN
3
Washington Mutual Loan Statement showing first mort
e balance as of
a EDWARD P. SEEEER
.
g
g NEIL W. YARN
October 29, 2001; and BERNARD A. RYAN, JR.
4. PNC Bank letter dated November 30, 2001 showing second mortgage
balance as of November 29, 2001.
I assume that your receipt of these documents satisfies your discovery request.
Therefore, enclosed please find a copy of my letter to Mr. Elicker asking that the pre-trial
conference be scheduled at his earliest convenience.
Thank you for your attention, and please let me know if you have any questions.
Very truly yours,
JAMES1 ~T`H, DLiRKIN & CONNELLY LLP
V i ' `~~
Max J. Smith, Jr.
MJS,Jr::mgg
Enclosures
cc: Debbie J. Coffee
DONALD K. COFFEE,
Plaintiff
vs.
DEBBIE J. COFFEE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.Ol-4952
CIV1L ACTION -LAW
IN DIVORCE
DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE
AND NOW COMES the Defendant, DEBBIE J. COFFEE, by her attorney, MAX J.
SMITH, 7R., Esquire, and respectfully Answers the Plaintiff s Complaint as follows:
1. Admitted.
2. Admitted with clarification. Defendant's social security number is 265-11-
9055.
3. Admitted.
4. Admitted with clarification. While the parties were married on December 9,
1980, they were divorced some time later, and remarried on or about 1986.
5.-7. Admitted.
COUNTI
ALIMONY
8. Neither admitted nor denied, as no response is required.
9. Denied. Plaintiff is gainfully employed, and therefore Plaintiff is not entitled
to an award of alimony.
COUNT II
ALIMONY PENDENTE LTI'E COUNSEL FEES COSTS AND EXPENSES
10. Neither admitted nor denied, as no response is required.
11. Denied. Plaintiff is gainfully employed, and therefore Plaintiff is not entitled
to an award of reasonable alimony pendente lite, counsel fees, costs and expenses.
11. Denied. Plaintiff is gainfully employed and therefore able to pay his counsel
fees, costs and expenses. It is further denied that Defendant is fully well and able to pay
alimony pendente lite, costs and expenses.
WHEREFORE, Defendant prays this Honorable Court to:
(a) grant a divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code;
(b) deny Plaintiffs request for alimony;
(c) deny Plaintiff's request for alimony pendente lite, counsel fees, costs and
expenses;
(d) deny any and all other relief which has been requested by Plaintiff; and
(e) order such further relief as the Court may determine equitable and just.
Respectfully submitted,
Date: September ~, 2001
MAX J. SMITH, JR. squire
I.D. No. 32114
James, Smith, Durkin & Connelly us
P.O. Box 650
Hershey, PA 17033
(717)533-3280
I verify that the statements made in this Answer are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904,
relating to unsworn falsification to authorities.
DEB IE J. C FEE .
DONALD K. COFFEE, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO.Ol-4952
DEBBIE J. COFFEE, :CIVIL ACTION -LAW
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this ~ day of September, 2001, I, MAX J. SMITH, JR., Esquire,
Attorney for Defendant, hereby certify that I have this day sent a copy of Defendant's Answer
to Complaint in Divorce by depositing a certified copy of the same in the United States mail,
postage prepaid, at Hershey, Pennsylvania, addressed to:
Killian & Gephart
Attn: Heather M. Faust, Esquire
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
MAX J. SMITH, JR., squire
I.D. No. 32114
JAMES, SMTI'H, DURKIN & CONNELLY ur
P.O. Box 650
Hershey, PA 17033
(717)533-3280
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD K. COFFEE,
Plaintiff
V.
DEBBIE J. COFFEE,
Defendant
NO. 01-4952 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
I, DEBBIE J. COFFEE the Defendant in the above captioned
action, hereby accept service of the Complaint filed in the above
captioned matter on August 23, 2001
Date: A~c3ust 27,E
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD K. COFFEE,
Plaintiff NO. 01-4952 CIVIL TERM
V. CIVIL ACTION - LAW
IN DIVORCE
DEBBIE J. COFFEE,
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce
Code was filed on August 23, 2001.
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. Section 4904 relating to
unsworn falsification to authc
Dated: ~ ~ ~~~
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD K. COFFEE,
Plaintiff N0. 01-4952 CIVIL TERM
V. CIVIL ACTION - LAW
IN DIVORCE
DEBBIE J. COFFEE,
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) 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 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 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 waiver are true and
correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities. ~
Dated: ~~ 3~~ •} -~
DEBB E J. C EE
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SOCIAL SECURITY INFORMATION SHEET
PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1, ALL DIVORCES MUST INCLUDE THE
PARTIES' SOCIAL SECURITY NUMBERS.
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE
PROTHONOTARY'S OFFICE.
DATE
COUNTY Cumberland County, PA
DOCKET NUMBER No. 01-4952
PLAINTIFF'S NAME Donald Kane Coffee
PLAINTIFF'S SS # 259-94-8773
DEFENDANT'S NAME Debbie Joy Coffee
DEFENDANT'S SS# 265-11-9055
I:I THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ill
DONALD K. COFFEE
Plaintiff
vs.
DEBBIE J. COFFEE
N0. 01-4952 19
MOTION FOR APPOINTMENT OF MASTER
Debbie J. Coffee (~~Ck~ (Defendant), moves the court to appoint
a master with respect to the fallowing claims:
(X ) Divorce ( ) Distribution of Property
( ) Annulment ( ) Support
(X ) Alimony ( g ) Counsel Fees
(X ) Alimony Pendente Lite (X ) Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims(s) for which the
appointment of a master is reque1sted.
(2) Th~1~9Fff$~~) (#~Egc>~~~C appeared in the action (psememxa;lxhry)
(by his attorney, Haa1-har M_ Fanny ,Esquire).
(3) The staturory ground(s) for divorce (is) (a07P7A
i rretri_evahl_a hrPakdnwn
(4) Delete the inapplicable paragraph(s):
(a) The action i= not contested.
(b) An agreement has been reached with respect to the
following claims: _
(c) The action is contested with respect to the following
C13i1II5: alimnn~, alimnn~ nPnAanto litp, nnnn4al. faac, rnatc G ~YgenSE4
(5) The action (~.i}}{t~7S) (does not involve) complex issues of law
or fact.
(6) The hearing is expected to take one-half ~11Dffix$) (days).
(7) Additional information, if any. relexant to the motion:
Date: November 5, 2001
r
AND NOW ,+J~p~/I9 ,1'~J~t- ~/l~i~Ge-cl~ ~~~ Esquire,
is appointed master with respect to the following claims:
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DONALD K. COFFEE, : IN THE COURT OF COMMON PLEAS OF
Petitioner/Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. : DOCKET NO.O1-4952
DEBBIE J. COFFEE, :CIVIL ACTION -LAW
Respondent/Defendant : IN DIVORCE
NOTICE
You are hereby notified that the Cumberland County Court has scheduled a
hearing in the above-captioned case to be held in the Domestic Relations Court Room,
Cumberland County Domestic Relations Office, l3 North Hanover Street, Carlisle,
Pennsylvania, before the Support Master of said Court, which hearing you are required to
attend on
200_, at a.m/p.m..
You are fiu ther ordered to bring to the hearing:
1. a true copy of your most recent Federal Income Tax Return, as filed;
2. your pay stubs for the preceding six months;
3. a completed Income and Expense Statement in the form attached to this notice;
and
4. a statement from your employer of your earnings and deductions on the enclosed
Earnings Report.
If you fail to appear for the hearing the Court may issue a warrant for your arrest.
If you fail to bring the required documents, the Court may hold you in contempt.
BY THE COURT
George E. Hoffer
President Judge
Date: BY
Michael R. Rundle, Esquire
Cumberland County Support Master
DONALD K. COFFEE,
Petitioner/Plaintiff
v.
DEBBIE J. COFFEE,
Respondent/Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 01-4952
CIVIL ACTION -LAW
IN DIVORCE
PETITION FOR ALIMONY PENDENTE LITE,
COUNSEL FEES, COSTS AND EXPENSES
The Petitioner is Donald K. Coffee, an adult individual, who currently
resides at 911 Willcliffe Drive, Mechanicsburg, Cumberland County, Pennsylvania
17055. His date of birth is February 13, 1954, and his social security number is 259-94-
8773.
2. The Respondent is Debbie J. Coffee, an adult individual who currently
resides at 27 Sycamore Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050.
Her date of birth is March 24, 1955, and her social security number is 265-11-9055.
3. The Petitioner and Respondent are parties to a divorce action filed by the
Petitioner in the Court of Common Pleas of Cumberland County docketed to the above
term and number.
4. The Petitioner requested alimony pendente lite, counsel fees, costs and
expenses in the Complaint in Divorce filed on August 23, 2001. (A copy of the
Complaint in Divorce is attached hereto as Exhibit A and is incorporated herein).
5. The Petitioner is in need of support and maintenance during the pendency
of the above-captioned suit for divorce.
6. The Petitioner believes and therefore avers that the Respondent is able to
pay Petitioner reasonable alimony pendente lite, counsel fees, costs and expenses during
the pendency of this litigation.
WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter
an order granting him alimony pendente lite, counsel fees, costs and expenses.
Respectfully submitted,
d~.C~~a n t C~R1~
Heather M. Faust
Attorney ID #77947
Killian & Gephart
218 Pine Street
Harrisburg, PA 17101
(717)232-1851
Dated: November 28, 2001
Attorneys for Petitioner/Plaintiff
2
VERIFICATION
I hereby verify that the statements of fact made in the foregoing document are true
and correct to the best of my knowledge, information and belief. I understand that any. false
statements made therein are subject to the penalties contained in 18 Pa.C.S.A. §4904,
relating to unsworn falsification to author*;P~
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DONALD K. COFFEE,
Plaintiff
v.
DEBBIE J. COFFEE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. Cpl- Ll ~T ~
CIVIL ACTION -LAW
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 maybe
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.
When the ground for 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 at the Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania 17013.
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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166
DONALD K. COFFEE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff ; CiJMBERLAND COUNTY, PENNSYLVANIA
v. : NO.
DEBBIE J. COFFEE, :CIVIL ACTION -LAW
Defendant : IN DIVORCE
COMPLAINT IN DIVORCE
Plaintiff, Donald K. Coffee, is an adult individual who currently resides at
911 Willcliffe Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. His
date of birth is February 13, 1954, and his social security number is 259-94-8773.
Defendant, Debbie J. Coffee, is an adult individual who currently resides at
27 Sycamore Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. Her date
of birth is March 24, 1955, and her social security number is unknown.
Plaintiff and Defendant have been bonafide residents in the Commonwealth
of Pennsylvania for a period of at least six (6) months immediately previous to the filing
of this Complaint in Divorce.
4. The Plaintiff and Defendant were married on December 9, 1980, in Macon,
Georgia.
The marriage is irretrievably broken.
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 requests the Court to enter a decree of divorce.
COUNTI
ALIMONY
8. The averments of paragraphs 1 through 7 are incorporated herein by
reference as though fully set forth at length.
The Plaintiff believes and therefore avers that he is entitled to an award of
alimony pursuant to the provisions of the Divorce Code.
COUNT II
ALIMONY PENDENTE LITE. COUNSEL
FEES COSTS AND EXPENSES
10. The averments of paragraphs 1 through 9 are incorporated herein by
reference as though fully set forth at length.
11. The Plaintiff believes and therefore avers that he is entitled to an award of
reasonable alimony pendente lite, counsel fees, costs and expenses.
12. Defendant is fully well and able to pay Plaintiff alimony pendente lite,
counsel fees, costs and expenses incidental to this divorce action.
WHEREFORE, Plaintiff respectfully requests the Court enter a decree:
a. Dissolving the marriage between Plaintiff and Defendant;
b. Directing the Defendant to pay alimony to the Plaintiff;
d. Directing the Defendant to pay alimony pendente lice and Plaintiff s
counsel fees, costs and expenses incidental to this divorce; and
e. Granting such further relief as the Court may determine equitable and just.
Respectfully submitted,
Heather M. Faust
Attorney ID #77947
Killian & Gephart
218 Pine Street
Harrisburg, PA 17101
(717)232-1851
Dated: August 22, 2001
Attorneys for Plaintiff
VERIFICATION
I hereby verify that the statements of fact made in the foregoing document are true
and correct to the best of my knowledge, information and belief. I understand that any false
statements made therein are subject to the penalties contained in 18 Pa.C.S.A. §4904,
relating to unsworn falsification to author.' '
~~ZL(a~
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the foregoing
Complaint in Divorce upon the following by depositing a copy of same in the United
States mail, regular and certified, restricted delivery, return receipt, postage prepaid,
addressed as follows:
Ms. Debbie J. Coffee
27 Sycamore Drive
Mechanicsburg, PA 17050
218 Pine Street
Harrisburg, PA 17101
(717)232-1851
Dated: August ~ , 2001
Killian & Gephart
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the foregoing Petition
for Alimony Pendente Lite, Counsel Fees, Costs and Expenses upon the following by
depositing a copy of same in the United States mail, regular mail, postage prepaid,
addressed as follows:
Max J. Smith, Esquire
James Smith Durkin & Connelly LLP
134 Sipe Avenue
Hershey, PA 17036
Michael R. Rundle, Esquire (HAND-DELIVER
Support Master
9 North Hanover Street
Carlisle, PA 17013
R.J. Shadday (HAND-DELIVERI~
Conference Officer
Cumberland County Domestic Relations Section
13 North Hanover Street
P.O. Box 320
Carlisle, PA 17013
~C~
Rho da Lang
Administrative Assistant
Killian & Gephart
218 Pine Street
Harrisburg, PA 17101
(717)232-1851
Dated: November 29, 2001
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CIVIL ACTION - LAW
vs. NO.O1-4952 CIVIL 19
DEBBIE J. COFFEE IN DIVORCE
Defendant
STATUS SHEET
,~~
DONALA K. COFFEE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. N0. 01 - 4952 CIVIL
DEBBIE J. COFFEE,
Defendant IN DIVORCE
T0: Heather M. Faust
Max J. Smith, Jr
Attorney for Plaintiff
Attorney for Defendant
DATE: Thursday, November 15, 2001
CERTIFICATION
Z certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE COUNSEL FOR PLAINTIFF ( )
COUNSEL FOR DEFENDANT ( )
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
~~ANI~ ~. ]EZA~C][a~l~]F~ ]ES~~J~][~]E
Aaa®ffney at ]Law
3448 Trindle Road Phone: (717) 737-0100
Camp Hill, Pennsylvania 17011 Facsimile: (717) 975-0697
November 4, 2002
E. Robert Elicker, II, Esquire
Cumberland County Divorce Master's Office
9 North Hanover Street
Carlisle, PA 17013
Re: Donald K. Coffee v. Debbie J. coffee
Cumberland County divorce Action
Docket No. 01-4952 Civil Term
Revocation of Master's Appointment
Dear Master Elicker:
I am pleased to advise you that on November 4, 2002 the
parties reached an agreement in the above matter. I have forwarded
the original November 4, 2002 Marital Agreement to the Prothonotary
for filing of record together with the Defendant's Affidavit of
Consent and Waiver of Notice Form. Plaintiff's Affidavit and
waiver were previously filed on October 21, 2002.
As per your normal procedure, two (2) copies of the November
4, 2002 Marital Agreement are enclosed with this letter. I would
appreciate it if you would take the necessary action to have your
appointment revoked so that the I may file the Praecipe to Transmit
the Record to secure the entry of the divorce decree.
Thank you for your attention in this matter.
DGR/dr
Enclosure(s):
Two (2) Copies of
cc: Max J. Smith, Jr.
Donald K. Coffee
Marital Agreement
Esquire
Very truly yours,
~-~
FF' Q E
r
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717)240-6535
E. Robert Elicker, 11
Divorce Master
Tract Jo Colyer
Office Manager/Reporter
January 14, 2002
Heather F. Faust
Attorney at Law
KILLIAN & GEPHART
218 Pine Street
Harrisburg, PA 17108-0886
West Shore
697-0371 Ext. 6535
Max J. Smith, Jr., Esquire
JAMES, SMITH, DURKIN & CONNELLY
P.O. Box 650
Hershey, PA 17033-0650
RE: Donald K. Coffee vs. Debbie J. Coffee
No. Ol - 4952 Civil
In Divorce
Dear Ms. Faust and Mr. Smith:
Mr. Smith has confirmed that discovery is complete; attorney Faust indicates that
there are some outstanding discovery issues concerning the existence and value of "major
marital assets".
Six weeks have passed since the certification documents have been completed and
I believe that it is time that we go forward with the directive for pretrial statements.
A divorce complaint was filed on August 23, 2001, raising grounds for divorce of
irretrievable breakdown of the marriage and the economic claims of alimony, alimony
pendente lite, and counsel fees and costs. No claim for equitable distribution was raised
in the complaint.
I assume that the parties will either sign affidavits of consent or have been
separated for a period in excess of two years so that the divorce con proceed under
Section 3301(c) of the Domestic Relations Code. Inasmuch as the Plaintiff is receiving
alimony pendente lite, it is incumbent on her to move this case forward. If she is not
willing to cooperate in obtaining a divorce then her alimony pendente lite will be in
Ms. Faust and Mr. Smith, Attorneys at Law
14 January 2002
Page 2
jeopardy. Having said that, I am going to proceed with the directive for pretrial
statements.
In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a
pretrial statement on or before Monday, February 11, 2002. Upon receipt of the pretrial
statements, I will immediately schedule apre-hearing conference with counsel to discuss
the issues and, if necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE: Sanctions for failure to file the pretrial statements are set
forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED
IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY
TO OPPOSING COUNSEL.
FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED
BY THE MASTER MAY RESULT IN THE MASTER'S
APPOINTMENT BEING VACATED.
SMITH B. GEPHART
THOMAS W. SCOTT
JANE GOWEN PENNY
TERRENCE J. McGOWAN
PAULA J. McDERMOTT
J. PAUL HELVY
MICHAEL 1. O'CONNOR
HEATHER M. PnusT
THE LAW FIRM OF
HILLIAN & GEPHART, LLP
218 PINE STREET
P. O. BOX 886
HARRISBURG, PENNSYLVANIA 17108-0886
TELEPHONE (717) 232-1851
FAX NO. (717) 238-0592
www.killiangephart. com
November 29, 2001
OfCounse6
JOHN D. RH,UAN
By Hand-Delivery
E. Robert Elicker, II, Esquire
Office of the Divorce Master
Cumberland County Court of Common Pleas
9 North Hanover Street
Carlisle, PA 17013
Re: Donald % Coffee v. Debbie J. Coffee
Docket No. 01-4952 (In Divorce; Cumberland Co.)
Dear Mr. Elicker:
Enclosed please find the Certification of discovery document that I have
completed on behalf of my client, Donald K. Coffee. Please be advised that the
Complaint in Divorce was filed on August 23, 2001, and, although the parties have
actively engaged in the voluntary exchange of documents regarding their respective
incomes, that has been the extent of the exchange of information. In light of the
foregoing, I believe that the issuance of any pre-trial directives would be premature at this
juncture. As always, if you should have any questions or concerns regarding this matter,
please do not hesitate to contact me.
Very truly yours,
t~.tr~x ~-~~t
Heather M. Faust
HMF/kjh
Enclosure
ec: Max J. Smith, Esquire
Mr. Donald K. Coffee
DONALD K. COFFEE
Plaintiff
vs.
DEBBIE J. COFFEE,
Defendant
T0: Heather M. Faust
Max J. Smith, Jr
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01 - 4952 CIVIL
IN DIVORCE
Attorney for Plaintiff
Attorney for Defendant
DATE: Thursday, November 15, 2001
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
In order to prepare :the case for trial, Plaintiff requires
information from Defendant concerning the existence and value of the major
marital assets in the case, as well as the major marital debts in the case.
At the present time, there are no outstanding interrogatories or discovery
motions.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
Counsel for-the. parties have agreed to the exchange of
documentation listed in paragYaph (a). In the event that Defendant's
responses to Plaintiff's request for information are not forthcoming, Plaintif
intends to serve interrogatories and requests for the prdduction of documents
within the next thirty (30) days. Plaintiff anticipates that, with
Defendant's cooperation, discovery will be complete within ninety (90) days.
i(~aalG~ ~a~nt
DATE COUNSEL FOR PLAINTIFF (x )
COUNSEL FOR DEFENDANT ( )
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE,, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NCT REPRESENTED, CERTIFY T~;AT DISCOVEPY
IS COMPLETE, A DIRECTIVE. TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
Y~~
DONALD K. COFFEE,
Plaintiff
v.
DEBBIE J. COFFEE,
Defendant
IN THE COURT OF COMMON PL"EAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.O1-4952
CIVIL ACTION -LAW
IN DIVORCE
INCOME AND EXPENSE STATEMENT
OF
DEBBIE J. COFFEE
Defendant files the following Income and Expense Statement and verifies that the statements
made herein are tme and correct. Defendant understands that false statements herein are
made subject to the penalties of 18 Pa. C.S. Sec 4904 relating to unswom falsification
to authorities. I / \ 1I ~ /I /J i
DEBBIE J. COFiF~E V //
INCOME:
Employer: WHTM-TV
Address: 3235 Hoffman Street, Harrisburo, PA
Type of Work: Television advertising sales
Payroll Number: 6389
Pay Period (Weekly, Biweekly, etc.): Biweekly
Gross Pay Per Pay Period: $3,230.77 + $1,333.00 monthly avg. commission
Itemized Payroll Deductions:
Federal Withholding: 450.62
Social Security 200.30
State Income Tax 90.09
Local Wage Tax 32.31
Medicare 46.15
Retirement 387.69
Savings Bonds
Credit Union
Life Insurance
Health Insurance 13.29
Other (specify):
Disability 6.63
NET PAY PER PAY PERIOD $2,003.19 +$700 net/month commission
Other Income: Week Month Year
(Fill in Appropriate Column)
Interest
Dividends
Pension
Annuity
Social Security
Rents
Royalties
Expense Account
Gifts
Unemployment Comp.
Workmen's Comp.
Spousal Support
Child Support
TOTAL
EXPENSES Week Month Year
HOME
Mortgage/Rent 1,196.22
Maintenance 83.33
Repairs 83.33
UTILITIES
Electric 100.00
Gas 200.00
Oil
Telephone 60.00
Water 35.00
Sewer 36.67 .
Trash 30.00
EMPLOYMENT
Public Transportation
Lunch 151.55
TAXES
School 33.33
Real Estate 165.42
Personal Property 33.33
Income
EXPENSES
INSiJRANCE
Homeowners
Automobile
Life
Accident
Health
Renters
AUTOMOBILE
Payments
Fuel
Repairs
Maintenance
Licenses
Registration
Auto Club
MEDICAL
Week Month Year
(Fill in Appropriate Column)
45.42
58.77
23.88
250.00
194.85
25.00
41.67
Doctor
Dentist
Orthodontist
Hospital
Medicine
Special needs (glasses,
braces, orthopedic devices
EDUCATION
Private
Parochial School
College (Fund)
Religious
School lunches
Books/misc.
PERSONAL
Clothing
Food
Barber/Hairdresser
Personal Care
Laundry/Dry Cleaning
Hobbies
Credit Cazds
Emergency Savings
Memberships
12.50
8.33
50.00
30.00
16.67
400.00
43.30
5.83
250.00
649.50
44.00
151.55
100.00
100.00
500.00
16.67
EXPENSES
LOANS
Week Month Year
(Fill in Appropriate Column)
401(k) loan
Home Equity
MISCELLANEOUS
Household Help
Child Care
PapersBooks/Magazines
Entertainment
Pay TV
Vacafion
Gifts
Legal Fees
Charitable Contributions
Pet Expense
Instrument Rental
Summer Camp
Other Support
Alimony Payments
OTI~R
House Alarm Monitoring
TOTAL EXPENSES
275.00
482.90
20.00
303.10
31.33
208.33
108.33
208.33
41.67
25.00
26.00
41.67
30.00
$ 7,027.78
DONALD K. COFFEE, : IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO.Ol-4952
DEBBIE 7. COFF)/E, :CIVIL ACTION -LAW
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this ~ day of January, 2002, I, MAX J. SMITH, 7R., Esquire, Attorney
for Defendant, hereby certify that I have this day sent a copy of Income and Expense Statement
by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey,
Pennsylvania, addressed to:
Killian & Gephart, LLP
Attn: Heather M. Faust, Esquire
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
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MAX J. "SMITH, JR squire
I.D. No. 32114
James, Smith, Durkin & Connelly u_r
P.O. Box 650
Hershey, PA 17033
(717)533-3280
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DONALD K. COFFEE, : IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO.OI-4952
DEBBIE J. COFFEE, :CIVIL ACTION -LAW
Defendant : IN DIVORCE
INVENTORY AND APPRAISEMENT
OF
DEBBIE J. COFFEE
Defendant files the following inventory and appraisement of all property owned or
possessed by either party at the time this action was commenced and all property transferred
within the preceding three years.
Defendant verifies that the statements made in this inventory and appraisement are true
and correct. Defendant understands that false statements herein are made subject to the penalties
of 18 Pa. C.S. §4904 relating to unsworn falsification to aut~ritie~. _ ~ . .
DEBBIE J.
ASSETS OF PARTIES
Defendant marks on the list below those items applicable to
the case at bar and itemizes the assets on the following pages.
If an item has been appraised, a copy of the appraisal report is
att ached.
(X) 1. Real property
(x) 2. Motor vehicles
( ) 3. Stocks, bonds, securities and options
( ) 4. Certificates of deposit
(x) 5. Checking accounts, cash
(X) 6. Savings accounts, money market and savings
certificates
( ) 7. Contents of safe deposit boxes
( ) 8. Trusts
(X) 9. Life insurance policies (indicated face value,
cash surrender value and current beneficiaries)
( ) 10. Annuities
( ) 11. Gifts
( ) 12. Inheritance
( ) 13. Inheritance
( ) 14. Patents, copyrights, inventions, royalties
( ) 15. Businesses (list all owners, including percentage of
ownership, and officer/director positions held by a
party with company)
( ) 16. Employment termination benefits - severance pay,
workman's compensation claim/award
( ) 17. Profit sharing plans
( ) 18. Pension plans (indicate employee contribution and date
plan vests)
(X) 19. Retirement plans, Individual Retirement Accounts
( ) 20. Disability payments
( ) 21. Litigation claims (matured and unmatured)
( ) 22. Military/V.A. benefits
( ) 23. Education benefits
( ) 24. Debts due, including loans, mortgages held
( ) 25. Household furnishings and personalty (include as a
total category and attach itemized list if
distribution of such assets is in dispute)
( ) 26. Other
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LIABILITIES OF PARTIES
Defendant marks on the list below those items applicable to
the case at bar and itemizes the liabilities on the following
page:
SECURED
(X) 1. Mortgages
( ) 2. Judgment ,
( ) 3. Liens
(X) 4. Other secured liabilities
UNSECURED
(X) 5. Credit card balances
( ) 6. Purchases
( ) 7. Loan payments
( ) 8. Notes payable
( ) 9. other unsecured liabilities
CONTINGENT OR DEFERRED
( ) 10. Contracts or Agreements
( ) 11. Promissory Notes
( ) 12. Lawsuits
( ) 13. Options
( ) 14. Taxes
( ) 15. Other contingent or deferred liabilities
DONALD K. COFFEE, : IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO.OI-4952
DEBBIE J. COFFEE, :CIVIL ACTION -LAW
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
2r
AND NOW, this J,4}h day of D seer, 2003, I, MAX J. SMP1'H, JR., Esquire, Attorney
for Defendant, hereby certify that I have this day sent a copy of Inventory and Appraisement by
depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey,
Pennsylvania, addressed to:
Killian & Gephart, LLP
Attn: Heather M. Faust, Esquire
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
'b~ l./ --
MAX J. SMITH, 7R., Esq ' e
I.D. No. 32114
James, Smith, Durkin & Connelly u-r
P.O. Box 650
Hershey, PA 17033
(717)533-3280
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JAMES SMtTJI D[JRIQN Br CONNELLY LLP
Max J. Smith, Jr.
mjsjr@jsdlegal.com
January 15, 2002
Office of Divorce Master
Attn: E. Robert Elicker, II, Esquire
9 North Hanauer Street
Carlisle, PA 17013
In re: Coffee v. Coffee
No. 01-4952
In Divorce
Dear Bob:
Thank you for your letter dated January 14, 2002:
The fourth paragraph of your letter makes reference to the Plaintiff being the wife, who
has made a claim for alimony pendente lite. That is not the case, as the Plaintiff actually
is the husband, Donald K. Coffee, who is pursuing alimony pendente lite, against my
client, Debbie J. Coffee, the Defendant. Thus, it is incumbent upon the Plaintiff, Mr.
Coffee, to move this case forward, as we have requested all along.
Thank you for your kind attention.
Very truly yours,
JAMES, SMITH, DiJRKIN & CONNELLY LLP
~~,
Max J. Smith, Jr.
MJS,Jr.:amk
cc: Heather M. Faust, Esquire
Debbie J. Coffee
- <v7~LP
i ur.r.I~L~i cveN, Fa
C.:SF.
Lean iuG ,~DI;F-;iS
P.o Rix ~_sa
HE~r-F-l, 7+A 17099
TEL / .-".3.3780
f-AX ]1]S.iS T°5
INFOQJSDL[GALCOM
GARY L. JAMES
Max J. SMITH, JR.
KAREN DURKIN
JOHN J. CONNELLY, JR.
STEVEN A. STINE
ScoTr A. DIETTERICK
GRecoav K. RICHARDs
RICHARD L DAHLEN
SUSAN M'. KADEL
JARAD W. HANDELMAN
DONNA M. MuwN
EDWARD P. SEEKER
NEIL W. YAHN
BERNARD A. RYAN, JR.
OF COUNSEL
ANORew M. (3ARBIN
~. _... ,._ _,_.a,., .,._.. __ ....
SMITHS. GEPHgRT
THOMAS W. SC(riT
JANE GowEN PJamr
TF,RRENCE J. McGOWAN
PAULA J. McDERMOTT
7. PAUL F/F7:VY
MICHAEL 7.0'CONNOR
HEATHER M. FgUST
THE LAW FIRM OF
HILLIAN & GEPHART, LLP
218 PINE STREET
P. O. BOX 886
HARRISBURG, PENNSYLVANIA 17108-0886
TELEPHONE (717) 232-1851
FAX NO. (717) 238-0592
www.killiangephart.com
Of Counsel:
7oHH D. xn,LwN
December 7, 2001
Via Fax (717) 533-2795
and Regular 1VIai1
Max J. Smith, Esquire
James Smith Durkin & Connelly LLP
134 Sipe Avenue
Hershey, PA 17036
Re: Donald ~ Coffee v. Debbie J. Coffee
Docket No. 01-4952 (In Divorce; Cumberland CoJ
Dear Mr. Smith:
I am in receipt of your correspondence dated December 4, 2001, regarding my
informal discovery request.. As a follow-up thereto, please provide me with information
regarding the following:
The balances of the parties' bank accounts, as of the date of
separation, and as of the present date, as well as any documentation
in support thereof;
2. The balance of the First USA Visa Card, as of the date of separation
and as of the present date; as well as any documentation in support
thereof; and
Max J. Smith, Esquire
December 7, 2001
Page 2
3. The existence of any other investments or assets in general in
Mrs. Coffee's name at the time of separation. As we discussed, Mr.
Coffee believes that Mrs. Coffee has investments other than her
401(K) plan.
I look forward to hearing from you in this regard,
Very truly yours,
~°~LC'L. ~c~~
Heather M. Faust
HMF/kjh
cc: B. Robert Elicker, II, Esquire (by fax and regular mail)
Mr. Donald Coffee
DONALD K. COFFEE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. O1- 4952 CIVIL
DEBBIE J. COFFEE,
Defendant IN DIVORCE
ORDER OF COURT
AND NOW, this
~.
day of ,
2002, the economic claims raised in the proceedings having
been resolved in accordance with a marital settlement
agreement dated November 4, 2002, the appointment of the
Master is vacated and counsel can file a praecipe
transmitting the record to the Court requesting a final
decree in divorce.
cc: Diane G. Radcliff
Attorney for Plaintiff
BY THE COURT,
Geo o er, P. .
~~luE //- O(. v .1~
Max J. Smith, Jr.
Attorney for Defendant
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