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HomeMy WebLinkAbout99-07763 (2)A V O L. JOAN PEACHEY, Plaintif /Pctitioner VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 99-7763 CIVIL TERM ELI B. PEACHEY, IN DIVORCE Defendant/Respondent DR# 29,332 Pacses# 6421111901 ORDER OF COURT AND NOW, this 18' day of January, 2000, upon consideration of the attached Petition for Alimony Pendente Litc and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R 1 Shaddav on February 2 2000 at 9:00 A.M._ for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pcndente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding sir (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.114 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hurler, President Judge Mail copies on Petitioner 1-18-00 lo: < Respondent 1 Edward Weintraub, Esquire Date of Order: January 18, 2000 R. J. Sha day, Conference 06iccr YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW 7.0 FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE. PENNSYLVANIA 17013 (717) 249-3166 ;.4_a p M i uJn N `-?/ c' N G-' u r;?cL 14. U cz O i L. JOAN PEACHEY, ' IN THE COURT OF COMMON PLEAS Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA Vs. • NO. ELI B. PEACHEY ' CIVIL ACTION - LAW Defendant ' IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 L. JOAN PEACHEY, Plaintiff VS. ¦ ELI B. PEACHEY ' Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 9R- 776,3 04 f %.U.... CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER §3301 OF THE DIVORCE CODE 1. Plaintiff is L. Joan Peachey, who currently resides at Bunker Hill Aparments, Yuerdon Drive, Apartment 1111-C-1, Camp Hill, Cumberland County, Pennsylvania 17001-0087. 2. Defendant is Eli B. Peachey, who currently resides at 25 Margery Road, Belleville, Pennsylvania 17004. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on August 19, 1960. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The 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. COUNT 1. REQUEST FOR A FAULT DIVORCE UNDER §3301(a)(b) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 10. This action is not collusive as defined by §3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(a)(b) of the Divorce Code. COUNT SS. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The marriage of the parties is irretrievably broken. 13. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff ,. respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT III. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 15. The marriage of the Parties is irretrievably broken. 16. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT IV. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER §3323, §3501, §3502 and §3503 OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT V. REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER §3502(d) OF THE DIVORCE CODE 19. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 20. During the course of the marriage, Defendant has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. 21. Pursuant to Section 3502(d), Plaintiff requests Defendant be directed to continue maintenance of said policies. WHEREFORE, Plaintiff respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Defendant to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. COUNT VI. REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER §3701, §3702 and §3704 OF THE DIVORCE CODE 22. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 23. Plaintiff is unable to sustain herself during the course of litigation. 24. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 25. Plaintiff requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3704 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701, 3702 and 3704 of the Divorce Code. COUNT VII. REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER §3702 OF THE DIVORCE CODE 26. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 27. Plaintiff has employed Edward J. Weintraub, Esquire, to represent her in this matrimonial cause. 28. Plaintiff is unable to pay her counsel fees, costs and expenses and Defendant is more than able to pay them. 29. Defendant is employed and has the ability to pay Plaintiff's counsel fees, costs and expenses. 30. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. COUNT VIII. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 31. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 32. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 33. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 34. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce code, the Court approve and incorporate such agreement in the final divorce decree. Respectfully submitted: BY: EDWAR J. WEINTRAUB, ESQUIRE 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 ID #17441 ATTORNEY FOR PLAINTIFF Date: 17/ YiJ q VERIFICATION y, hereby swear and affirm that the facts contained in rorce are true and correct and are made subject to the X904 relating to unsworn falsification to authorities. L. Jo Peachey, Plaintiff c? V P ? A O' ?o a a lzz? i= t ,r i' i. rI i . l L r ? w Jy U L. JOAN PEACHEY, IN THE COURT OF COMMON PLEAS OF PlaintiR7Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO.99-7763 CIVILTERM ELI B. PEACHEY, IN DIVORCE Defendant/Respondent DR# 29,332 Pacscsii 642101901 ORDER OF COURT NOTICE OF RESCHEDULED CONFERENCE AND NOW, (his 8n' day of February, 2000, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that (hc parties and their respective counsel appear before R.J. Shaddav on Februarp 15, 2000 at 9:00 A .M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.1 11) (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 2-8-00 to: < Respondent Edward Weintraub, Esquire Mark Schwartz, Esquire Dale of Order: February 8. 2000 J. sill d/day,'Confcrcncc Olliccr YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 ._. ?_ r• = cr, ?_ ?_ ?^ '? E? ::_,, ? _ '' _ _ ?: ? _ _ _ j - :1 LU - 1.. i C? L:- i ? r? r ; ?? i? -- --_.. ?. L. JOAN PEACHEV, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO.99-7763 CIVILTERM ELI B. PEACHEY, IN DIVORCE Defcndant/Respondent DR# 29,332 Pacses# 642101901 ORDER OF COURT NOTICE OF RESCHEDULED CONFERENCE AND NOW. this 24"' day of February. 2000, upon consideration of the Petition for Alimony Pcndcntc Litc and/or counsel fees. it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on April 28, 2000 at 9:00 A.M. fora conference. at 13 N. Hanover St.. Carlisle. PA 17013, after which the conference officer may recommend that ;fit Order for Alimony Pcndcntc Life be entered. YOU are further ordered to bring to the conference (1) a true copy of your most recent Federal Income Tax Retum, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order. completed as required by Rule 1910.1 I:C) (4) verification of child care expenses (5) proof of medical coverage which van may have. or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT. George E. Hoffer. President Judge Mail.copios on Petitioner 2-24-00 to: < Respondent Edward Weintraub. Esquire r Mark Schwartz, Esquire Date of Order: Fcbnuarv 24, 2000 '? J. Shadday. Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE. PENNSYLVANIA 17013 (717) 249-3166 ?, _" ; ° - <?, 'J .] :i ?- _... L. JOAN PEACHEY, VS. ELI B. PEACHEY Plaintiff Defendant * IN THE COURT OF COMMON PLEAS " CUMBERLAND COUNTY,PENNSYLVANIA * NO. 99-7763 Civil Term * CIVIL ACTION - LAW * IN DIVORCE CERTIFICATE OF SERVICE I, Emily A.Vislocky, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on April 12, 2000 1 served a true and correct copy of a Motion for Compliance filed on April 12, 2000 upon Mark Schwartz, Esquire, counsel for Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Mark Schwartz, Esquire West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013-3222 Date: 5D ??- .: , ? ??.? ' 4. ' ?? , '• _l ? ? ?/) /_ ??? l _ _) iJ L. JOAN PEACHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ELI B. PEACHEY, Defendant NO. 99-7763 CIVIL TERM ORDER OF COURT AND NOW, this th 'day of April, 2000, upon consideration of Plaintiff's Motion for Compliance, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, I. esley Oler, Jr., J Edward J. Weintraub, Esq. 2650 North Third Street Harrisburg, PA 17110 Attorney for Plaintiff Mark Schwartz, Esq. 60 West Pomfret Street Carlisle, PA 17013-3222 Attorney for Defendant :rc 4J r L. JOAN PEACHEY, Plaintiff VS. ELI B. PEACHEY Defendant ' IN THE COURT OF COMMON PLEAS ' CUMBERLAND COUNTY,PENNSYLVANIA ` NO. 99-7763 Civil Term ' CIVIL ACTION - LAW * IN DIVORCE I, Heather N. Carey, do hereby certify that on the date set forth below I served a true and correct copy of the Plaintiff's Request for Production of Documents by Defendant upon Eli B. Peachy, by depositing same in the United States Mail, First Class, postage prepaid, addressed as follows: Eli B. Peachy 390 Zook Road Allensville, PA 17002 AND Eli B. Peachy 25 Margery Road Belleville, PA 17004 Date: 1x136 M AIL (it r4?4 He tither N. Carey CLA Edward J. Weint aub and Associates 2650 North T ird Street Harrisburg, PA 17110 (717) 238-2200 fC, u . l-` 1 A , L. JOAN PEACHEY, ` IN THE COURT OF COMMON PLEAS Plaintiff ` CUMBERLAND COUNTY,PENNSYLVANIA s VS. • NO. 99.7763 Civil Term ELI B. PEACHEY • CIVIL ACTION - LAW Defendant • IN DIVORCE I, Heather N. Carey, do hereby certify that on the date set forth below I served a true and correct copy of the General Interrogatories (First Set) From Plaintiff To Defendant upon Eli B. Peachy, by depositing same in the United States Mail, First Class, postage prepaid, addressed as follows: Eli B. Peachy 390 Zook Road Allensville, PA 17002 AND Eli B. Peachy 25 Margery Road Belleville, PA 17004 Date:_ /aV1:k) // /-// Oar" 6 (, / Heather N. Carey CLA Edward J. Wei pt/raub and Associates 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 L` 1 ? ?' ??- - C,_ - '1' t:. _? .. _ _ ?.. Cv ;fGyp. L. JOAN PEACHEY, ' IN THE COURT OF COMMON PLEAS Plaintiff ' CUMBERLAND COUNTY,PENNSYLVANIA VS. ' NO. 99-7763 Civil Term ELI B. PEACHEY • CIVIL ACTION - LAW Defendant ' IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF DAUPHIN AND NOW, this 4th day of January, 2000, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Heather N. Carey, who being duly sworn according to law, deposes and says that on December 30, 1999, she mailed a certified copy of a Complaint in Divorce by certified mail, restricted delivery, return receipt requested, to Eli B. Peachey, 390 Zook Road, Allensville, PA 17002, and the same was received by him on December 31, 1999, as indicated by the return receipt card which is attached hereto. Heather . Carey, LA Edward J. Wain aub and Associates 2650 North ird Street Harrisburg, PA 17110 717-238-2200 Sworn to and subscribed before me on this day of 2000. otary Public EMILYA. RITZ hbtAry Public Hamspurg Clry, Dau Phin Courty L. JOAN PEACHEY, IN THE COURT OF COMMON PLEAS Plaintiff ' CUMBERLAND COUNTY,PENNSYLVANIA VS. • NO. 99-7763 Civil Term ELI B. PEACHEY CIVIL ACTION - LAW Defendant • IN DIVORCE t" S D R: '$ .0omptateeemsl arWor2fWaWtx(W SerNCes. I also wish to receive the following services (for an a sComplets hems 3, 4e, and 4b. •Pdrd yaw name and address an su reverse of this lam w cut ws can Mum this extra fee): 8 . card to 9.i .Attach orm to the hoM of the mdlpl.ce, or on the back It apace does not 1 „cr Addressee's Address Z pemat. •W,be'Retum Racelpt Requesred'on the melldecwasiowlheankle number .The Rolm Receipt Wit show to whom me adltle was deWered and are date 2.0 Restricted Delivery t9i ?y e delivered. Consult pastmaslerforfee. y 3. Article Addressed lo: 4a. Article Number Z 6 a95 77 E m ' peacbr< Ear B 4b. Service Type m E .8 je/0 Zod? /PU d ? Registered Certified , ; I A'???rLtVr//Cr-{f /7U412 (3 Express Mail ? Insured 5 m , ? Return Receipt for Merdtandise O COD ' 7. Date of Delivery c ` 5. Received By: (Print Name) 8. Addressee's Address (only it requested nd too Is aid) m P a Fc g 6. gneturA(C sse _orAg&e x PS Form 3811. December 1994 a N U_ rl l'J f, U C> L. JOAN PEACHEY, Plaintiff " IN THE COURT OF COMMON PLEAS , Vs. ELI B. PEACHEY Defendant CUMBERLAND COUNTY,PENNSYLVANIA " NO. 99-7763 CIVIL TERM " CIVIL ACTION - LAW " IN DIVORCE ORDER OF COURT AND NOW, this day of , 2000, upon consideration of the within Motion for Compliance, it is ORDERED that the Defendant, Eli B. Peachey, file his Answers to the General Interrogatories (First Set) From Plaintiff to Defendant and file his Answers to Plaintiff's Request for Production of Documents pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure and Produce the requested documents within fifteen (15) days of service upon him of this Order. The Defendant is ORDERED to pay counsel fees to the Plaintiff in the amount of $1,000, payable within 30 days of the entry of this Order. BY THE COURT, J. 4 f .Gro L. JOAN PEACHEY, IN THE COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY,PENNSYLVANIA • VS. • NO. 99-7763 CIVIL TERM ELI B. PEACHEY • CIVIL ACTION - LAW Defendant ' IN DIVORCE PLAINTIFF'S MOTION FOR COMPLIANCE AND NOW comes the Plaintiff, L. Joan Peachey, by and through her attorney, Edward J. Weintraub, Esquire, and files the within Motion for Compliance as follows: 1. Plaintiff L. Joan Peachey files this motion under the authority of Rule 4019 of the Pennsylvania Rules of Civil Procedure. 2. The parties were married on August 19, 1960, separated on December 28, 1999 and Plaintiff filed the within Divorce action on December 30, 1999. 3. Defendant is represented by Mark D. Schwartz, Esquire, of the law offices of Irwin, McKnight & Hughes. 4. On or about December 30, 1999, Defendant was served with a Request for Production of Documents pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure. 5. On or about December 30, 1999, Defendant was served with General Interrogatories (First Set) from Plaintiff to Defendant pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure. 6. In accordance with Rule 4009.12 of the Pennsylvania Rules of Civil Procedure, Defendant on or about January 31, 2000 should have served Plaintiff with answers to the Request for Production of Documents and answer to the Interrogatories. 7. On February 23, 2000, Plaintiff's counsel had a telephone conversation with Attorney Schwartz, indicating that Defendant's responses would be forthcoming "around March 1, 2000." 8. On March 14, 2000, Plaintiff's counsel sent correspondence to Attorney Schwartz inquiring as to the Defendant's responses to discovery. On March 27, 2000, Plaintiff's counsel received a letter from Attorney Schwartz saying Defendant's responses would be delivered to Plaintiff's counsel by the end of March. 9. The Plaintiff has received no answers from Defendant to the above mentioned Request or Interrogatories. 10. Since the Defendant has failed to answer the Plaintiff's Request for Production of Documents, has failed to produce the requested documents and has failed to answer the General Interrogatories (First Set) from Plaintiff to Defendant, the Plaintiff has incurred reasonable counsel fees in connection with the preparation and presentation of this motion. 11. The failure of the Defendant to answer the request and produce the documents and to answer the interrogatories impedes Plaintiff's efforts to proceed v _t. to equitable distribution and a final decree of divorce. WHEREFORE, Plaintiff requests the Court to make an appropriate Order in accordance with Rules 4019, 1920.22(b) and 4005 of the Pennsylvania Rules of Civil Procedure, to award counsel fees to Plaintiff of $1,000 for Defendant's failure to timely answer the request and produce the documents and to timely answer the interrogatories, and to direct the Defendant to answer the Request and produce the documents and to Answer the Interrogatories within fifteen (15) days of service of the Court's Order. Dated: I ATTORNEY FOR PLAINTIFF 2650 North Third Street Harrisburg, PA 17110 Attorney Id. #17441 (717) 238-2200 ?- `., :,; ;t .:; l ?: '- _ : ?3 :,; _- ?: ?_ ,: .-, `•-' o U fr?c L. JOAN PEACHEY, VS. ELI B. PEACHEY Plaintiff Defendant " IN THE COURT OF COMMON PLEAS " CUMBERLAND COUNTY,PENNSYLVANIA * NO. 99-7763 Civil Term " " CIVIL ACTION - LAW " IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on April 19, 2000 1 served a true and correct copy of a Order of Court regarding Plaintiff's Motion for Compliance dated 17, 2000 upon Mark Schwartz, Esquire, counsel for Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Mark Schwartz, Esquire West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013-3222 Date: ?i Lb Mist D. Le man 1 "'', G ?. t; ?i ?, - _- .- ?: ?4nYT1 L. JOAN PEACHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99 - 7763 CIVIL TERM ELI B. PEACHY, IN DIVORCE DcfcndanURcspondent DR# 29,3332 Pacses# 642101901 ORDER OFCOURT NOTICE OF RESCHEDULED CONFERENCE AND NOW, this 27^' day of July, 2000, upon consideration of file Petition for Alimony Pcndcntc Litc and/or counsel fees. it is hereby directed that the parties and their respective counsel appear before R.J. Shaddae on Aaeust 22. 2000 at 10.30 A.M. for if conference. at 13 N. Hanover St.. Carlisle. PA 17013, afcr which the conference oficcr may recommend that an Order for Alimony Pcndcntc Lite be entered. YOU arc further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as fated (2) your pay stubs for the preceding six (6) months (3) file Income and Expense Statement attached to this order, completed as required by Rule 191().11$; (4) ecrification of child care expenses (5) proof of medical coverage which you new have, or may have available to you IF you fail to appear for the conference or bring the required documents- the Coon may issue a warrant for yourarrest. BY THE COURT. George E. Hofer. President Judge Mail copies onPetitioner 7-27-00 to: e- < Respondent Edward Weintraub. Esquire J Mark Schwartz, Esquire ?? rte. t Date of Order. July 27. 20110 J. Shadday. Conference Offlecr ` YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE. PENNSYLVANIA 17013 (717) 249-3166 L. JOAN ITACIIEY, Plaintiff/Petitioner VS. P,LI R. PEACIII;Y Defendant/Respondent DR 29,332 PACSES ID 642101901 IN'T'111; COURTOI' COMMON PLEAS CIIMI;rRI,AND COUN'T'Y, PENNSYLVANIA : DOMESTIC RELA'T'IONS SEC'T'ION : CIVIL AC'T'ION - LAW NO. 99-7765 CIVIL'I'P,RM ORDER OF COURT AND NOW, this 24"' day of August, 2000, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $265.00 per month and Respondent's monthly net income/earning capacity is $3,000.00 per month, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $1,050.00 a month payable monthly as follows; $1,000.00 per month for alimony pendente lite and $50.00 per month on arrears. First payment due on or before October 1, 2000. The effective date of the order is October I, 2000. Parties agree that a sum of $3,500.00 be added to the account balance on October I, 2000 and that husband will pay, directly, a monthly sum of $750.00 for the months of August and September, 2000. This order is based upon an agreement of the parties through their counsel. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: L. Joan Peachey. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 691 10 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the respondent and 100% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday BY THE COURT, Mailed copies on Petitioner 3506V to: < Respondent Edward Weintraub, Esquire Murk Schwan; Esquire Edward E.Guido J. -_, ?? = r ,?,- _ -;< -- =,=? ?_? ??? ?.; _- _, .,i J ._. U I L. JOAN PEACHEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA VS. NO. 99-7763 Civil Term ELI B. PEACHEY CIVIL ACTION - LAW Defendant IN DIVORCE PRAEC.IP_E_OR WITHDRAW 0EAP2EARAd.CE Please withdraw my appearance on behalf of Plaintiff, L. Joan Peachy, in the above captioned matter without prejudice. Date: ?g f ward J. Weintra , Esquire 2RAE_MEE TO ENTER APPEARAN-CE Please enter my appearance on behalf of Plaintiff, L. Joan Peachy, in the above captioned matter. Date: a ` r David tr -- (=. _ c•; ?"? c; - _' :?:? _ _?.ct ??' ::: j t Y GV The Court of Comon Pleas of County, Pennsylvania File No. 1999.07763 PEACHEYLJOAN vs PEACHEY ELI B STATEMENT OF INTENTION TO PROCEED Tote Court. .t ?AWAZ_ intends to proceed with the above captioned matter. Date: / ,?4- -% d'( ??? le Attorney for LT ,* 1 i IIJ?' CV '--? U, l U' ?• o ' L ..T - U ,jam cl U AS OF CASE#. Ig99-7763 HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LILLIAN J. PEACHEY ) Docket Number 99-7763 CIVIL Plaintiff ) Vs. ) PACSES Case Number 642101901 ELI B. PEACHEY ) Defendant ) Other State ID Number Order AND NOW to wit, this JANUARY 5, 2007 it is hereby Ordered that: SHOULD THE DEFENDANT FALL IN ARREARS, PAYMENTS ARE TO BE INCREASED BY $1.50 PER MONTH FOR PAYMENT ON SAID ARREARS. BY THE COURT: JUDGE Form OE-520 Service Type M Worker ID 21205 C C 71 4 ?S ; . - FI 1- t11 Z ?- . ?-C N a _ LILLIAN J. PEACHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99-7763 CIVIL TERM ELI B. PEACHEY, IN DIVORCE Defendant/Respondent PACSES Case No: 642101901 ORDER OF COURT AND NOW to wit, on this 17th day of June, 2013, it is hereby Ordered that the Alimony Pendente Lite order in this case be terminated and vacated, effective June 6, 2013, due to the demise of the Defendant/Respondent. There is no balance due the Plaintiff/Petitioner. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with tth� Office of the Prothonotary for a hearing de novo before the Court. � = cn'" Cnc -< --j —{ 1 C-- . co BY THE CO. RT Edward E. Guido, a J. DRO: R.J. Shadday xc: Petitioner Respondent David A. Goldman, Esq. Mark D. Schwartz, Esq. Form OE-001 Service Type:M Worker:21005 Eli B . Peachey Lewistown Sentinel Eli B. Peachey BELLEVILLE - Eli B. Peachey, 76, of 25 Margery Road, Belleville, died at 3:45 p.m. Thursday, June 6, 2013, at University Hospital, in El Paso, Texas. He was born June 20, 1937, in Belleville, a son of the late Daniel Y. and Fannie (Peachey) Peachey. His wife, Lillian Joan (Unruh) Peachey, of Ithaca, Mich., whom he married on Aug. 26, 1960, survives. He is also survived by children, Marlin Peachey and wife, Lorinda, of Belleville, and Irene Lawson and husband, Dale, of Parrish, Fla., and grandchildren, Vincent, Clark, Kayla and Sheldon Peachey. He was preceded in death by brothers, Joseph I., Ben Z., Daniel J. and Aaron Z., and sisters, Mrs. Daniel (Rachel) Swarey, Mrs. John (Salina) Renno and Sadie Peachey. For a time, he owned and operated an auto repair business at the intersection of Green Lane and state Route 655, Belleville. Later, he owned and operated Peachey's Stove Shop, Mill Creek. After selling his business, he continues installing and servicing heating systems. He loved his grandchildren and enjoyed doing things for them. He always had an optimistic outlook on life and enjoyed helping others. A funeral service will be held at 10:30 a.m. Thursday, at Rock Haven Church, in Belleville, with Stanton Schmidt and Henry Swarey officiating. A viewing will be held from 5 to 8 p.m. Wednesday, at the church. Interment will be held in the Rock Haven Cemetery. Arrangements are under the care of Henderson Funeral Home Inc., 3813 W. Main St., Belleville.