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HomeMy WebLinkAbout03-5241PAULA GAFFNEY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. No. 03- 5-11/1 &,-a T, STILES M. GAFFNEY Defendant CIVIL ACTION - 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 you 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 at the Cumberland County Courthouse 1 Courthouse Square, Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMNET 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 LAYWER 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 REFERAL SERVICE 2 LMERTYAVENUE [',MLLE, PENAWYLVANL417013 (717) 249-3166 PAULA GAFFNEY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. No. 03 - Sd NY STILES M. GAFFNEY Defendant CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Paula Gaffney, by Bryan S. Walk Esq., and represents as follows: COUNTI DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Paula Gaffney, who currently resides at 929 Susan Circle, Enola, Cumberland County Pennsylvania for 1 year and 10 months. 2. Defendant is Stiles M. Gaffney, at 929 Susan Circle, Enola, Cumberland County Pennsylvania for 1 year and 10 months. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on, May 16, 1998 in, Mechanicsburg, Pennsylvania, Cumberland County. 5. There have been no prior actions of divorce or annulment between the parties except N/A 6. The marriage is irretrievably broken. 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. Plaintiff requests the Court to enter a Decree in Divorce. Br S.'Walk?/ 1. .# 63881 134 Sipe Avenue Hummelstown, PA 17036 (717) 533-3280 ATTORNEY FOR PLAINTIFF PAULA GAFFNEY V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. Plaintiff STILES M. GAFFNEY Defendant CIVIL ACTION - DIVORCE Certificate of Service I hereby certify that on the 2?hay of October 2003, a copy of the Divorce Complaint was served by certified mail, restricted delivery, return receipt requested, addressee copy of Plaintiff's Complaint in Divorce upon the person named below, in accordance with the applicable rules of procedure, addressed as follows: Stiles M. Gaffney 929 Susan Circle Enola, PA 17025 ? ryan S. Walk I.D.# 63881 134 Sipe Avenue Hummelstown, PA 17036 (717) 533-3280 ATTORNEY FOR PLAINTIFF VERIFICATION The undersigned verifies that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties at 18 Pa.C.S. A., 7,4904 relating to Unsworn Falsification to Authorities. DATE: /O /,0,:3 Plaintiff C r -) rrt'? r b _ G a_f PAULA GAFFNEY Plaintiff Vs STILES M. GAFFNEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5241 CAVIL TERM :CIVIL ACTION : IN DIVORCE PETITION TO COMPEL DISCOVERY NOW COMES Stiles Michael Gaffney, by and through her counsel, Saidis, Shuff, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on May 16, 1998. 2. The Respondent, Paula Gaffney, filed a Complaint in Divorce on October 3, 2003. 3. After several unsuccessful attempts at informal discovery, on May 18, 2003 Petitioner, through his counsel, served Respondent with a request for production of documents. A copy of the request for production of documents is attached hereto as Exhibit "A". 4. Thirty (30) days has passed and there has been no response to the request for production of documents. WHEREFORE, Petitioner prays this Honorablle Court to issue a Rule upon the SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Respondent to show cause why she should not be compelled to provide the documents requested. SAIDIS, SHUFF, FLOWER & LINDSAY Carol J. d y, Esquire ID# 446 3 26 West-Higfi Street Carlisle, PA 17013 (117) 243-6222 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ? f ?o a Date ID # 44693/ J 26 West Hi§bSWe Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition to Compel Discovery this aday of - 2004 by depositing same in the United States Mail, First Class, stage Prepaid, in Carlisle, Pennsylvania, addressed to: Bryan Walk, Esquire JAMES SMITH DIETTERICK & CONNELLY P.O. Box 650 Hershey, PA 17033 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys fo>;Petitioner , By: , Esquire 26-VVest High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA PAULA GAFFNEY Plaintiff vs STILES M. GAFFNEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5241 CIVIL TERM :CIVIL ACTION TO: Paula Gaffney, c/o Bryan Walk, Esquire 114 West Chocolate Ave., Hershey, PA 17033 PLEASE TAKE NOTICE THAT pursuant to Pa.R.C.P. 4003.3 and 4009, you are required to furnish at our office, on or before thirty (30) days after service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: Copy of your 2003 Federal Income Tax Return together with all 1099's and W2's received for 2003. 2. A copy of your most recent pay stub. A copy of your 2002 Federal Income Tax Return together with all W2's and 1099's received in 2002. SAIDIS SHUIT, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA 4. A copy of any accounts which you have at BellCo or Commerce Bank together with the check registers for those: accounts, checking and savings, from September 1, 2003 to the present. 5. A copy of your 401(k) statement for October 3 d, 2003. If you do not have a statement for that date please provide the statement received immediately preceding October 2003 and the statement immediately after October 3 , 2003. Additionally, please provide a copy of the most recent statement you have of your 401(k) plan. 6. Please provide a copy of the plan booklet for pension plans or any other retirement benefits at Pinnacle Health. Please include IRA at Pinnacle Health and the most recent statement you have of your entitlement you have under the pension plan. 7. Please provide a copy of all statements for any debts, which you claim to be marital debts. Provide all statements for such debts from January 1St, 2003 to the present. 8. All statements for any credit card account in your name individually or with any other person from June 1St, 2002 to August 31St, 2003. SAIDIS, SNUFF, FLOWER & LINDSAY Attorney or D end By: a of J. in say, Esquir ID 4469 2 High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SNUFF, FLOWER & LINDSAY AT 0MYS•AT•LAW 26 W. High Street Carlisle, PA 2 PAULA GAFFNEY :IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs : NO. 03-5241 CIVIL TERM STILES M. GAFFNEY :CIVIL ACTION Defendant r-FRTIFICA,T/F QE SERVICE AND now, this day of u 2004, I, Carol J. Lindsay, Esquire, of the law firm of S IS, SNUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Request for Production of Documents this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Paula Gaffney, c/o Bryan Walk, Esquire 114 West Chocolate Ave., Hershey, PA 1703:3 SAIDIS SHMT, FLOWER & LINDSAY ATrORNCYS•AT•IAW 26 W. Nigh street Carlisle, PA SAIDIS, SHUFF, FLOWER & LINDSAY Attorne for efen n - By: C of indsay, quire ID 4693 26 West High Street Carlisle, PA 17013 (717) 243-6222 I N C? (1 i rll ? ? G JUL 0 6 2004 PAULA GAFFNEY :IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs : NO. 03-5241 CIVIL TERM STILES M. GAFFNEY :CIVIL ACTION Defendant : IN DIVORCE ORDER OF COURT: SAIDIS SHUFF, FLOWER & LINDSAY ATl0M'Y5•AT•LAW 26 W. High Street Carlisle, PA AND NOW, this day of 2004, upon --' ,,f a consideration of the within Petition a Rule is issued on the Respondent to show cause why she should not produce the documents requested. Rule returnable & .,1 2004 in Courtroom at a IieMirT<J set for the a day of -0:GLVZ? 3C) of the Courthouse at Carlisle, Pennsylvania at --Jg_ o'clock at -70- M. By the Court, r 1-/'1 C??1 ( VM1 i i? I i ? ? J1 ?} }n L S .g 4 tJ h I ")nr wz At1`u'l0"vJ?,'10k? 31-x. ?u 1 Jim PAULA GAFFNEY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. STILES M. GAFFNEY Defendant No. 03-15241 CIVIL TERM CIVIL ACTION - DIVORCE PETITION TO COMPEL DISCOVERY NOW COMES, Paula Annette Gaffney, by and through her counsel, Bryan S. Walk, Esquire, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on May 16, 1998. 20032. The Plaintiff, Paula Gaffney, filed a Complaint in Divorce on October 3, . 3. Undersigned Counsel served upon the Defendant's attorney on July 2, 2004, a request for production of documents. A copy of the request for production of documents is attached hereto as Exhibit A. 4. Thirty (30) days has passed and there has been no response to the request for production of documents. WHEREFORE, Plaintiff prays this Honorable Court to issue a Rule upon the Defendant to show cause why he should not be compelled to provide the documents requested. Date: fi 6 -4y Respectfully Submitted: S. Walk 963881 114 W. Chocolate Avenue Hershey, PA 17033 (717) 533-8652 ATTORNEY FOR PLAINTIFF VERIFICATION I, the undersigned, do verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. Date: Z' < Bry S. Walk, Esquire IRS.# 63881 114 W. Chocolate Avenue Hershey, PA 17033 (717) 533-86 2 ATtd4ZN?I FOR PLAINTIFF PAULA GAFFNEY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. STILES M. GAFFNEY Defendant No. CIVIL ACTION - DIVORCE Certificate of Service I hereby certify that on the Ma day of J ? 2004, a copy of the Petition to Compel was served by hand delivery upon the person named below, in accordance with the applicable rules of procedure, addressed as follows: Carol J. Lindsay, Esquire SAIDIS, SHLIFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 Pan S. Walk I.D.# 63881 134 Sipe Avenue Hummelstown, PA 17036 (717) 533-3280 ATTORNEY FOR PLAINTIFF EXHIBIT A PAULA GAFFNEY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. No. 03.5241 CIVIL TERM STILES M. GAFFNEY Defendant CIVIL ACTION - DIVORCE REQUEST FOR PRODUCTION OF DiOCUMENTS TO: Styles M. Gaffney C/O Carol J. Lindsay, Esquire 26 High Street Carlisle, PA 17013 PLEASE TAKE NOTICE THAT pursuant to Pa. R.C.P. 4003.3 and 4009, you are required to fumish at our office, on or before thirty days after service hereof, a photo static copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody, or control and which are not protected by the attorney/client privilege; or, in the' alternative, produce the said matter at said time to permit inspection and copying thereof. 1 • Copy of your 2003 Federal Income Tax Return together with all 1099's and W2's received for 2003. 2. A copy of your most recent pay stub. 3. A copy of your 2002 Federal Income Tax Return together with all W2's and 1099's received in 2002, 4. A copy of any bank accounts which you have together with the check registers for those accounts, checking and savings, from September 1, 2003 to the present. 5• A copy of your 401(k) statement for October 3f°?, 2003. If you do not have a statement for that date please provide the statement received immediately preceding October 2003 and the statement immediately after October 3, 2003. Additionally, please provide a copy of the most recent statement you have of your 401(k) plan. 6• Please provide a copy of the plan booklet for pension plans or any other retirement benefit plans with your current employer. Please include the most recent statements you have of your under your pension plans. 7. Please provide a copy of all statements for any debts which you feel are marital from January 1, 2003 until present. 8. Please provide all statements for any credit card account in your name individually or with any other person from June 1, 2002 until August 31, 2003. Date:_ 7 Respectfully Submitted: i ? B n S: Walk --_"'--- I.D.# 63881 114 W. Chocolate Avenue Hershey, PA 1703;; (717) 533-8652 ATTORNEY FOR PLAINTIFF PAULA GAFFNEY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V No. 03-5241 CIVIL TERM STILES M. GAFFNEY Defendant CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE AND now this Z day of _?ulv h2004, 1 ereby certify that I served the within Request for Production of Do umentslthis ay by was served by certified mail, restricted delivery, return receipt requested, addressee copy of Plaintiffs Complaint in Divorce upon the person named below, in accordance with the applicable rules of procedure, addressed as follows: Carol J. Lindsay, Esquire SAIDIS, SHUFF, FLOWER 8, LINDSAY 26 West High Street Carlisle, PA 17013 Bryan S. Walk I.D.# 63881 114 W. Chocolate Avenue Hershey, PA 17033 (717) 533-86;52 ATTORNEY FOR PLAINTIFF C N o N ? rti CZ- N PAULA GAFFNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW . NO. 03-5241 CIVIL TERM STILES M. GAFFNEY, Defendant IN DIVORCE IN RE: PETITION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 26th day of August, 2004, this matter having been called for argument, the petition to compel discovery is granted, and the plaintiff is directed to respond to all outstanding requests for production of documents within thirty days or lodge a formal response in the event that information is for any reason unavailable. ,xr?yan S. Walk, Esquire For Paula Gaffney y`arol J. Lindsay, Esquire For Stiles M. Gaffney bg J By the Court, Kev' A. Hess, J. MOT, $S .6 bid LZ 9t?d q?pt OlctlgAo- PAULA GAFFNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-5241 CIVIL CIVIL ACTION - LAW STILES M. GAFFNEY, Defendant ORDER AND NOW, this 2 '?' day of September, 2004, a brief argument on the within motion to compel is set for Thursday, September 30, 2004, at 3:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Bryan S. Walk, Esquire For the Plaintiff Carol J. Lindsay, Esquire For the Defendant :rlm 4-va.- wy BY THE COURT, PAULA GAFFNEY PlaintifflRespondent Vs STILES M. GAFFNEY Defendant\Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5241 CIVIL TERM CIVIL ACTION PETITION FOR EMERGENCY RELIEF Now comes STILES MICHAEL GAFFNEY, by and through his counsel, SAIDIS, SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SHUFF, FLOWER & LINDSAY, P.C., and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on May 16, 1998 and having separated on October 3, 2003. 2. Respondent filed a Complaint in Divorce on or about October 3, 2003. 3. The parties are owners of a home at 929 Susan Circle, Enola, Cumberland County, Pennsylvania. 4. Subsequent to their separation and in anticipation that Wife would receive the marital home in equitable distribution, Wife refinanced the marital home so that Husband was no longer liable. The refinance took place on October 21, 2003. 5. Subsequent to the refinance, Wife moved from the marital home and Husband has been residing therein. By agreement of the parties, Husband has been paying to Wife one half of the mortgage payment each and every month. The mortgage payment is $924.50 and Husband's share, paid monthly is $462.25. 6. Upon information and belief the refinance erased the present mortgage with Old Cornerstone who assigned their interest to Citibank. 7. Because the mortgage is in Wife's name only, Husband has been unable to routinely check to see to it that she has paid the mortgage. Nevertheless, on October 11, 2004, in a letter to counsel, Petitioner asked for confirmation that the mortgage was current. 8. Within the last week, Petitioner has received telephone calls from Citibank and from Old Cornerstone seeking the Respondent. When closely queried, Old Cornerstone representative advised that the mortgage was four months in arrears. Therefore, upon information and belief, the house is in danger of foreclosure and past due mortgage payments total approximately $3,698.00. 9. Respondent has not advised that she was not paying the mortgage, but, rather, has continued to collect half of the mortgage payment from Petitioner although she was not remitting the payment to the lenders. The marital estate in this case is comprised mainly of the marital home and Petitioner believes and therefore avers that if the court does not act to require Respondent to bring the mortgage current the home will be lost in foreclosure. 10. Respondent continues to come to the marital home and remove property without advance notice or request for agreement to Petitioner and Petitioner believes and therefore avers that her unilateral action frustrates equitable distribution. WHEREFORE, Petitioner prays this Honorable Court to issue a rule on Respondent to show cause why she should not be required to bring the mortgage on the marital home immediately current and to reframe from entering the marital home and removing property without advance notice and agreement by Petitioner. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for 4 Carol J. Lindsay, sl ID# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION I, THE UNDERSIGNED, HEREBY VERIFY THAT THE STATEMENTS MADE HEREIN ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. § 4904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. S. Michael Gaffney, Petitioner Date:O'Cig /Dty SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA PAULA GAFFNEY PlaintifflRespondent Vs STILES M. GAFFNEY Defendant\Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5241 CIVIL TERM CIVIL ACTION CERTIFICATE OF SERVICE AND now, this o2 ?2 day of cavfY , 2004, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Emergency Relief this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Brian Walk, Esquire 114 West Chocolate Ave., Hershey, PA 17033 SAIDIS SHUFF, FLOWER & LINDSAY SAIDIS, SHUFF, FLOWER Attorneys for laintiff By: Carol J. Lindsa E: ID# 44693 26 West Hi tree Carlisle, PA 17013 (717) 243-6222 NDSAY ire 26 W. High Street Carlisle, PA ?., ? _r, - , 1^'?'? _ , ,,. ; r i j (Il i T l OCT 2 ?[,04? PAULA GAFFNEY PlaintiffiRespondent VS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5241 CIVIL TERM STILES M. GAFFNEY DefendantlPetitioner CIVIL ,ACTION ORDER OF COURT AND NOW, this 44,t day of A?2004, upon consideration of the within Petition, a Rule is issued on the Respondent, Paula Gaffney to show cause why she should not be ordered to immediately bring current the mortgage payments on the marital home and to refrain from entering the marital home to remove additional personalty without notice and agreement of the parties. Rule returnable at a hearing set for the (9-V day of 200Y in courtroom number at the courthouse at Carlisle, Pennsylvania at 0 o'clock A-m. Pending the hearing, Respondent is ordered to refrain from removing items from the marital home without providing advance notice to Petitioner and obtaining his approval. By the Court, SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA -oL? i V, 41 " PAULA GAFFNEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 03-5241 CIVIL CIVIL ACTION - LAW STILES M. GAFFNEY, Defendant IN RE: PETITION FOR EMERGENCY RELIEF ORDER AND NOW, this /Z " day of November, 2004, this matter having been called for hearing, on agreement of the parties, it is ordered and directed that: 1. The husband shall have exclusive possession of the marital home at 929 Susan Circle in Enola, Cumberland County, Pennsylvania, subject to the wife's right to remove property that is her own separate property from the home. This shall be accomplished by the wife providing, through counsel, a list of those items in the marital home which she wishes to remove. Assuming that husband is in agreement with the list of items, counsel will arrange a time for wife to pick up the items. 2. The wife is directed to execute a deed to the marital home transferring all of her right, title and interest in said home to husband. Husband's counsel mill hold the deed in escrow pending husband's refinancing of the marital home. The refinancing shall take place within forty-five days of the date of this order. If the husband is unable to refinance within that time, the house will be listed for sale and the proceeds of the sale will be placed in escrow pending equitable distribution. 3. The husband's claim with respect to the payment, to his wife, of one-half of the mortgage payments which he did not, in turn, remit to the mortgage company and for the OW 9 :Zl Wd 91 AON U UN payment of other obligations by him are preserved for equitable distribution. Similarly, none of the wife's claims shall be prejudiced by the transfer of the marital residence or otherwise. 4. Husband is enjoined from liquidating, removing, desr•oying, or otherwise tampering with any marital property in the home and any property which the wife claims as her own. ..Aeryan S. Walk, Esquire For the Plaintiff f?arol J. Lindsay, Esquire / For the Defendant Arn ii n-off BY THE COURT, Paula Gaffney vs Case No. 03-5241 Stiles M. Gaffney Statement of Intention to Proceed To the Court: Paula Gaffney intends to proceed with the above captioned matter. Print Name Bryan S. Walk Sign Name Date: 9/26/07 Attorneyfor Paula Gaffne Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. Aber giving tionce of intent to terminate an aakon ler iiiactiivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case. they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. ?"} +? ? ..s`; E=?,65 , ? ? ??-; -'..r ?, ~?? '`? _ =; ? ?ji?. ??, 7 i -? ? e Paula Gaff vs Stiles M. Gaffne To the Court: Paula Gaffney Print Name Bryan S. Walk Date: 9 / 9 / 1 0 intends to proceed with the above captioned matter. Sian Name Attorney for "Paula Gaffney Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. Il Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." if a patty wishes to pursue the matter., he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. C? Case No. 0 3 - 5 2 41,i- Lc. _' tc "~t?a W Statement of Intention to Proceed ?. N 11 rl`) tnr?t ,'{ PAULA GAFFNEY V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA STILES M. GAFFNEY Defendant No. 03-5241 Civil Term CIVIL ACTION - DIVORCE;; E_-)l -<> =© Proof of Service --A I, Bryan S. Walk, Esquire, who being duly sworn according to the law, hereby certify, that a copy of the Complaint in Divorce in the above-referenced divorce action was serviced on the Defendant on 10/9/2003 , by certified mail, certified number 7000 0600 0028 3149 0473 , return receipt requested, addressee only, as evidence by the return receipt card attached hereto and made part thereof. ryan S. Walk, Esquire I, Bryan S. Walk, Esquire, the undersigned, hereby verify and confirm that I have reviewed the foregoing document and statements contained herein are true and correct to the best of my knowledge and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. 4('111 Date B ,pjSn S. Walk, Esquire PAULA GAFFNEY Plaintiff , V. STILES M. GAFFNEY Defendant , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 03-5241 Civil Term CIVIL ACTION - DIVORCE Proof of Service • Compfels items 1, 2, and 3. Also complete Sig u item 4 if Restricted Delivery is desired. X ? Agent ¦ Print your name and address on the reverse Addressee so that we can return the card to you. g b ¦ Attach this card to the back of the maiipiece by t ate of Delivery , or on the front if space permits. 1. Article Addressed to: 1? D. Is delivery address 69 ftA a IL ? Yes If YES, entereliv address low: ? No Stiles M. Gaffney ` 929 SUBM Circle ?Q - ®nola r PA 17025 3. service Type 21(Zertified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number 7000 0500 0028 3149 0473 (transfer from service labeo PS Form 3811, August 2001 Domestic Return Receipt 102595.62-M-1035 PAULA GAFFNEY Plaintiff V. STILES M. GAFFNEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA, No. 03-5241 Civil Term s CIVIL ACTION - DIVORCE 2=o 5= 77 Proof of Service W .? I, Bryan S. Walk, Esquire, who being duly sworn according to the law, hereby certify, that a copy of the Affidavit under Section 3301(d) of the Divorce Code in the above-referenced divorce action was serviced on the Defendant on August 25, 2011 by U.S. Certified Mail number 7010 0290 0000 9174 6235 via restricted delivery as evidence by the return receipt card attached hereto and made part thereof. I also certify that a copy of the Notice of Intention to Request Entry of § 3301(d) Divorce Decree in the above-referenced divorce action was serviced on the Defendant by U.S. First Class Mail on or about September 14, 2011. I, Bryan S. Walk, Esquire, the undersigned, hereby verify and confirm that I have reviewed the foregoing document and statements contained herein are true and correct to the best of my knowledge and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dat-r- Walk, Esquire PAULA GAFFNEY Plaintiff V. STILES M. GAFFNEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 03-5241 Civil Term CIVIL ACTION - DIVORCE Proof of Service R Gomplete items. l,. 2, and 3. Also complete item 4 if Restricted DeNW.. Is de.sired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the malipkme, or on the front If space permits. 1. Article Addressed to: A. SVMdxe x ?+ ? Agent ? Addre B. Received by (4110 e) C. Date of Dgli D. Is delivery address; dwel rt from item 1? ? Yes If YES, enter delivery address below: ? No Adl-A'M- &AAn `?'1 ec h?.u.?sh?r5 A4 t 70sn 7roS? Service Type 9 certified mail ? Express Mail Registered ? Return Receipt for Merchandise ? Insured mail ? C.O.D. 4. Restricted Delkery? pit Fee) Yes 2. ArldelkwdW 7010 0290 0000 9174 6235 (Rarrdfrr Ava?aarrker AWW = PS Form 3611, Fsbrur 2W4 Domeatic FWWm FNOaipt 102516-e24A-IW , PAULA GAFFNEY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. No. 03-5241 Civil Term STILES M. GAFFNEY Defendant CIVIL ACTION - DIVOR4rn ?,;o C!3 ? NOTICE OF INTENTION TO REQUEST ENTRYc OF § 3301(d) DIVORCE DECREE, TO: Stiles M. Gaffney C7 -' 44 : c, You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after October 5, 2011, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT WISH TO 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 REFERAL SERVICE 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 PAULA GAFFNEY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. No. 03-5241 Civil Term STILES M. GAFFNEY Defendant CIVIL ACTION - DIVORCE-] ; COUNTER-AFFIDAVIT UNDER $ 3301 (d) OF THE DIVORCE CODE Check either (a) or (b): -? ?o C .? CD (a) I do not oppose the entry of a divorce decree. cr' (b) I oppose the entry of a divorce decree because (Check (i), (ii), or both) c], (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. 1 understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: Stiles M. Gaffney NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. PAULA GAFFNEY V. Plaintiff STILES M. GAFFNEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 03-5241 Civil Term 12 CIVIL ACTION - DIVORCZ?'r- - PREACIPE TO TRANSMIT RECORD' x? o To the Prothonotary: v C-1 Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: October. 9 2003, Certified letter, restricted delivery. 3. (Complete either paragraph (a) or (b).) (b) (1) Date of execution of the affidavit required by § 3301(d)(1) of the Divorce Code: August 15, 2011; (2) Date of filing and service of the plaintiff's affidavit upon the respondent: August 25, 2011 via Certified Mail restricted deliver (receipt attached) 4. Related claims pending:- None all claims settled by agreement 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe a copy of which is attached: September 14 2011 via First Class Mail Respectfully Walk, Esquire ID 63881 West Chocolate Ave Ste 1500 C3 Hershey, PA 17033 717-533-9040 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF PAULA GAFFNEY CUMBERLAND COUNTY, PENNSYLVANIA V. STILES M. GAFFNEY NO. 03-5241 DIVORCE DECREE AND NOW, GWA, le , toll , it is ordered and decreed that PAULA GAFFNEY , plaintiff, and STILES M. GAFFNEY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, odd ed -i? At/zf cval? J Led -7? ??? ce ? Co?u /yJc??