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HomeMy WebLinkAbout07-6331f 4h CONNIE E. HANLEY, Plaintiff VS. RAYMOND P. HANLEY, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. D'7- 4331 c- f,/,l 4---,n. 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 foregoing 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 in 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 at: Office of the Prothonotary 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 ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 4 CONNIE E. HANLEY, Plaintiff VS. RAYMOND P. HANLEY, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. .i. CONNIE E. HANLEY, Plaintiff VS. RAYMOND P. HANLEY, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0?- &3 31 IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, CONNIE E. HANLEY, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is CONNIE E. HANLEY, an adult individual who currently resides at 309 Blacklatch Lane in Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is RAYMOND P. HANLEY, III, an adult individual who currently resides at 23 Houston Drive in Mechanicsburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 12 September 1992 in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. C?4 Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`h Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). -, OA? V Af Date: 2 C? r? lilt) cy: '.a a C r rv ? T_ CONNIE E. HANLEY, Plaintiff VS. RAYMOND P. HANLEY, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-6331 CIVIL TERM IN DIVORCE PLAINTIFF'S PETITION FOR EXCLUSIVE POSSESSION OF RESIDENCE AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the Court for exclusive possession of the marital residence of the parties located at 309 Blacklatch Lane in Camp Hill, Cumberland County, Pennsylvania, based upon the following: 1. The Petitioner herein is the Plaintiff. The Respondent is the Defendant. 2. The parties were married on 12 September 1992 and separated on or about 26 September 2007. During their marriage they acquired the residence at 309 Blacklatch Lane in Lower Allen Township, Cumberland County, which served as their marital residence for many years. 3. The parties are the parents of two minor children, Raymond Hanley, IV, now age 13, born 18 March 1994, and James Edward Hanley, now age 5, born 18 January 2002. 4. The parties separated on or about 26 September 2007 when the Defendant moved from the marital residence and commenced living elsewhere. After he moved out of the family residence, Defendant demanded that Plaintiff retain an attorney and file a divorce action, claiming that he wanted a prompt divorce. 5. On 6 November 2007, after he consulted with an attorney, Husband moved back into the marital residence, against Plaintiff's will. 6. Since moving back into the marital residence, Defendant has taken several steps which Plaintiff believes are intended to force her out of the marital residence. The Defendant's actions have included: A. He has locked her out of the house and attempted to prevent her re-entry on occasions when she leaves the house; B. He has interfered with Plaintiff's attempts to shower by turning off water to the shower or by reducing the water flow to the shower; C. He has tried to force himself upon Plaintiff by moving back into the bedroom she has occupied and refusing to leave when Plaintiff has attempted to go to bed; D. He has involved the children in disputes between the parties and made false statements about Plaintiff to the children; E. He has stopped all financial contributions to the living expenses of the family beyond the monthly mortgage payment; F. He has ceased providing the housing cleaning and other services which he previously provided as a stay at home parent. 7. Shortly after the parties separated, Defendant demanded the house be sold and unilaterally arranged to list the property for sale. Since moving back into the house, Defendant has attempted to persuade Plaintiff to sell him the house at a price substantially below that for which Defendant decided to list the house for sale. Defendant has now taken actions to obstruct or prevent the showing of the property for sale. 8. Defendant has recently become abusive toward the children. He recently kicked the parties' older son and on another occasion made the child exit the motor vehicle and walked home approximately one half mile in cold and raining weather without adequate clothing. 9. Plaintiff believes that Defendant has taken the actions described above in an effort to obtain a tactical advantage over Plaintiff in the divorce action. Specifically, Plaintiff believes that Defendant's intention is to force her out of the house so that he can remain in the house and have an advantage in any potential dispute over custody of the children or any potential dispute about ownership or distribution of the residence or any claims for alimony. 10. Defendant's conduct, particularly after moving back into the residence, has caused dispute, stress, and anxiety within the family and has adversely affected the stability and mental and emotional health of the parties' children. 11. Plaintiff seeks a return to the status quo that existed after Defendant II voluntarily caused the separation of the parties and before he returned to the house for tactical purposes. Plaintiff believes that the best interests of the children will be protected and preserved by such an award to her. 12. There has not been any prior Judge involved in the litigation between the parties up to this time. 13. Plaintiff believes that the Defendant will not, and does not, concur in her request for relief as set out in this petition. WHEREFORE, Plaintiff prays this Court to award her exclusive possession of the marital residence at 309 Blacklatch Lane and to exclude the Defendant from that residence until further order of court. Samuel L. Andes Attorney for Plaintiff Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 I , k I verify that the statements made in this Petition for Exclusive Possession are true and correct. I i7nderstand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: ??- // 1 -4- c? ?? ? i ??? ? ?, t-, . ? „? -, r f ?? ?'' ??? ::-- .? _f ? y? , y ? ? ? CONNIE E. HANLEY, Plaintiff VS. RAYMOND P. HANLEY, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-6331 CIVIL ACTION - AT 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, 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 I CONNIE E. HANLEY, Plaintiff VS. RAYMOND P. HANLEY, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6331 CIVIL ACTION - AT LAW - IN DIVORCE ANSWER AND COUNTERCLAIM AND NOW, comes the Defendant, Raymond P. Hanley, III, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., L.L.C., and responds to Plaintiff's Complaint in Divorce as follows: 1. Admitted. 2. Denied. Since the filing of the Divorce Complaint, Defendant has moved to 309 Blacklatch Lane, Camp Hill, Cumberland County, Pennsylvania 17011. i 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Paragraphs one (1) through eight (8) are incorporated herein by reference as if set forth specifically below. 10. Plaintiff has committed adultery. 11. This action is not collusive. WHEREFORE, Defendant respectfully requests the Court to enter a decree of divorce pursuant to § 3301(a)(2) of the Divorce Code. 12. Paragraphs one (1) through eleven (11) are incorporated herein by reference as if set forth specifically below. 13. During the course of the marriage, the parties acquired property and incurred debt, titled jointly, individually, or both, which remains in the possession of the individual parties. WHEREFORE, the Defendant respectfully requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors and thereby enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code. COUNT IV - SPOUSAL SUPPORT AND/OR AT.iMONY PFNDFNTF I,ITE, AND AI,TMnNY 14. Paragraphs one (1) through thirteen (13) are incorporated herein by reference as if set forth specifically below. 15. Defendant is unable to sustain himself during the course of litigation. 16. Defendant lacks sufficient property to provide for his reasonable needs and is unable to sustain himself through appropriate employment. 17. Defendant 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 his favor pursuant to Section 3701(a) and 3702 of the Divorce Code. WHEREFORE, Defendant 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 his favor pursuant to Section 3701(a) and 3702 of the Divorce Code. Respectfully Date: a `I 07 ?'arlin L. kl , E*Iiire Law Ze-cWeso. atrick F. Lauer, Jr., L.L.C. 2108 arket Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 RAYMOND P. HANLEY, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. CONNIE E. HANLEY, CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant CUSTODY I verify that the statements made in this Answer and Counterclaim 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: Signature: Raymond P. Hanley, III 'be- V l 4-> z? r -r 7 l CONNIE E. HANLEY, } Plaintiff ) } Vs. ) ) RAYMOND P. HANLEY, III, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-6331 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW this 31$? day of ?)#,t.Lmm v 200 in consideration of the attached Petition, a Rule to Show Cause is hereby issued upon the Defendant, to show cause, if any he has, why the relief prayed for therein should not be granted. Said Rule shall be served upon Defendant's counsel of record and returnable 10 days from date of service. BY THE COURT, Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) P.O. Box 168, Lemoyne, PA 17043 Marlin L. Markley, Esquire (Attorney for Defendant) 2108 Market Street, Camp Hill, PA 17011 ,.? Raymond P. Hanley, III, pro se 309 Blacklatch Lane, Camp Hill, PA 17011 91.0# NV i £ 330 LOOZ Ad'Cl O?y 'ICr-Cldl? ?0 CONNIE E. HANLEY, Plaintiff ) Vs. ) RAYMOND P. HANLEY, III, ) Defendant ) NOTICE TO DEFENDANT NAMED HEREIN: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-6331 CIVIL TERM IN DIVORCE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU, AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 CONNIE E. HANLEY, Plaintiff VS. RAYMOND P. HANLEY, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-6331 CIVIL TERM IN DIVORCE PLAINTIFF'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: COUNT I - EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - COUNSEL FEES AND EXPENSES 2. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 3. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 4. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiffs attorney and the expenses of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in the litigation of this action. Q L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this Petition for Economic Relief are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). s o• r'? 4y .? DATE : C nie V Hanley pip 8 W D - C-n c rl% 3 0 n ril :u CONNIE E. HANLEY, Plaintiff VS. RAYMOND P. HANLEY, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007-6331 CIVIL TERM CIVIL ACTION - AT LAW - IN DIVORCE ACCEPTANCE OF SERVICE I, Marlin L. Markley, Esquire, attorney for the Defendant in the above-captioned matter, accept service of the COMPLAINT IN DIVORCE pursuant to Pennsylvania Rule of Civil Procedure, Rule 1930.4(d). I certify that I am authorized to accept service on behalf of the Defendant. arlin ar ey, Esquire Date: //- 5;- Z O07 C :3 C - n' _ ?; 77 is r= C --r i LG ;..?} i'd'3 C Jund I e CONNIE E. HANLEY, Plaintiff VS. RAYMOND P. HANLEY, III, Defendant r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-6331 CIVIL TERM IN DIVORCE PLAINTIFF'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: COUNT I - EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - COUNSEL FEES AND EXPENSES 2. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 3. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litiqate her rights in this matter. 4. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiffs attorney and the expenses of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in the litigation of this action. am I L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 RKg I 1,331 a o? C> (P cb ?. cy • C> to s ? o Q o ° ?n Q (lb tP tom' J ? 07-633/ RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 HANLEY CONNIE E (VS) HANLEY RAYMOND P III Case Number 2007-06331 Received of RKS FOR DKB REFUND FOR RECEIPT 202663 Total Non-Cash..... + Total Cash......... + Change ............. - Receipt total...... _ $70.00 ------------------------ Distribution Of Payment Transaction Description Payment Amount 6836 ADD'L COUNTS 16.00 CUMBERLAND CO GENERAL FUND ADD'L COUNTS 16.00 CUMBERLAND CO GENERAL FUND JCP FEE 10.00 BUREAU OF RECEIPTS AND CONTROL JCP FEE 10.00 BUREAU OF RECEIPTS AND CONTROL REFUND 18.00 ANDES SAMUEL L $70.00 ,pea %%?ev e . -?lo?ded wee.e?p?*aosoo? on t-?o•og 70.00 Check# .00 .00 Receipt Date 1/10/2008 Receipt Time 14:23:36 Receipt No. 203007 ZiK3-3 07-4331 CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY 1756 ESCROW ACCOUNT CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Jan11 11, 2008 60-1503/313 DATE a1y PAY TOTHE Samuel L. Andes Esq. s ORDER OF 18$. 0 00 CUMBERLAND CO. PROX ONGTAR 18# 800CA, DOLLARS URPSTO" MN 07-6331 "refund" Hanley vs- Hanley N. 11500 17 5611' -1:0 3 13 150 36l: 108 1 L 1 17 II' - ) /"1 .7 L) C4 15070901102008 PYS405 Cumberland County Prothonotary's Office Manual Release Check Register Escrow 1/1D/2008 Tran Date Distribution Case No Accounting Amount Date Release -------------------------------------------------------------------------------- 3692 ANDES SAMUEL L Check Date: 01/10/2008 Check No.: 1756 REFUND 2007- 06331 PYMT/CHECK 18.00 1/10/2008 Payee total: 18.00 -------------------------------------------------------------------------------- Grand total: 18.00 `2i KS -5 4 CONNIE E. HANLEY, Plaintiff VS. RAYMOND P. HANLEY, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6331 CIVIL ACTION - AT LAW - IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFFS PETITION FOR EXCLUSIVE POSSESSION OF RESIDENCE AND NOW, comes the Defendant, Raymond P. Hanley, III, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., L.L.C., and responds to Plaintiffs Petition for Exclusive Possession of Residence as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part. Denied in part. The defendant admits that the parties separated on 26 September 2007 when the Defendant moved from the marital residence. It is denied that defendant demanded that plaintiff retain an attorney and file a divorce action, claiming that he wanted a prompt divorce. By way of reply, plaintiff advised defendant that she wanted a divorce and defendant responded that plaintiff would have to file because defendant was committed to working the marriage out. 5. Admitted. 6. Denied. It is denied that since moving back into the marital residence, defendant has taken steps intended to force plaintiff out of the marital residence. A. Denied. It is denied that defendant locked plaintiff out of the house and attempted to prevent her re-entry on occasions when she leaves the house; B. Denied. It is denied that defendant has interfered with plaintiff's attempts to shower by turning off water to the shower or by reducing the water flow to the shower; C. Denied. It is denied that defendant has tried to force himself upon plaintiff by moving back into the bedroom she has occupied and refusing to leave when plaintiff has attempted to go to bed; D. Denied. It is denied that defendant has involved the children in disputes between the parties and made false statements about plaintiff to the children; E. Denied. It is denied that defendant has stopped all financial contributions to the living expenses of the family beyond the monthly mortgage payment; F. Denied. It is denied that defendant has ceased providing the household cleaning and other services which he previously provided as a stay at home parent. 7. Denied. Plaintiff advised defendant that we are selling the house. Defendant was agreeable to sell the house at that time because he did not believe he could afford the house, and both parties signed a contract with a realtor to have the house sold. The parties were not getting any offers for the house while it was listed at $35,000.00 above the appraised value. Defendant learned that he could afford the house, obtained approval for a loan to refinance and purchase the house for $260,000.00, which is the appraised value and the price that plaintiff was willing to re-list the house for sale. 8. Denied. Since the parties separated the oldest son has began to play the parties against each, while defendant chooses to acknowledge this fact and therefore not allow this tc happen, plaintiff chooses to fall for the oldest sons plot. 9. Denied. It is denied that defendant has taken the actions described above in an effort to obtain a tactical advantage over plaintiff in the divorce action. 10. Denied. It is denied that defendant has conducted himself in a manner that would cause dispute, stress, and anxiety within the family and has adversely affected the stability and mental and emotional health of the parties' children. 11. The allegations set forth a conclusion of law to which no responsive pleading is required; but, to the extent they are deemed to be factual, the same are denied. 12. Admitted. 13. Admitted. WHEREFORE, the Defendant respectfully requests that this Honorable Court dismiss Plaintiff s Petition for Exclusive Possession of Residence. Date: January 15, 2008 Marli?r'L. Markl , Esquire Law Offices of atrick F. Lauer, Jr., L.L.C. 2108 Market Str. et, Aztec Building Camp Hill, Pennsylvania 17011-4706 IN 84745 Tel. (717) 763-1800 W RAYMOND P. HANLEY, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 07-6331 CONNIE E. HANLEY, CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant CUSTODY 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. § 4904, relating to unworn falsification to authorities. Date: Y,-/ s Zoa y Signature: J Raymond P. Hanley, I ?. ? ? f ?! ?... ---? t i ' ? ' 1 i C t .. .? ij7i `:? . C?"1 r -' ... _ ^" 1 _ s ?i ?, ..? CONNIE E. HANLEY, PLAINTIFF V. RAYMOND P. HANLEY, III, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-6331 CIVIL IN RE: PLAINTIFF'S PETITION FOR EXCLUSIVE POSSESSION OF RESIDENCE ORDER OF COURT AND NOW, this 25th day of January, 2008, upon consideration of the Plaintiff's Petition for Exclusive Possession of Residence and the Answer filed by the Defendant thereto, IT IS HEREBY ORDERED AND DIRECTED that a hearing on this matter will be held on Friday, May 16, 2008, at 9:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Pending said hearing IT IS FURTHER ORDERED AND DIRECTED that the parties are enjoined from encumbering, dissipating, selling or otherwise alienating any and all marital assets of the parties unless agreed upon by both parties. By the Court, -? ? sk M. L. Ebert, Jr., J. /amuel L. Andes, Esquire Attorney for Plaintiff arlin L. Markley, Esquire Attorney for Defendant bas i CONNIE E. HANLEY, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6331 RAYMOND P. HANLEY, III, Defendant PRAECIPE TO WITHDRAW PETITION FOR EXCLUSIVE POSSESSION OF RESIDENCE TO THE PROTHONOTARY: Please withdraw Plaintiff's Petition for Exclusive Possession of Residence previously filed in this matter. 18 April 2008 --Samuel L. And Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`h Street Lemoyne, Pa 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the following, by regular mail, postage prepaid, addressed as follows: The Honorable M.L. Ebert, Jr. Judge of the Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Marlin L. Markley, Esquire 2108 Market Street, Aztec Building Camp Hill, PA 17011 Date: 18 April 2008 a"jj V71 , Amy arkins ecretary for Samuel L. Andes .lam ..yam CONNIE E. HANLEY, Plaintiff/Respondent VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-6331 RAYMOND P. HANLEY, III, CIVIL ACTION - AT LAW - IN DIVORCE Defendant/Petitioner PETITION FOR ALIMONY PENDENTE LITE 1. Petitioner, Raymond P. Hanley, 111, is an adult individual residing at 309 Blacklatch Lane, Camp Hill, Cumberland County Pennsylvania 17011. Petitioner's date of birth is May 5, 1962, and his social security number is 209-46-1523. Respondent, Connie E. Hanley is an adult individual residing at New Cumberland, Pennsylvania. Respondent's date of birth is January 10, 1965, and her social security number is 174-56-8012. 2. The petition of Raymond P. Hanley, III, respectfully represents that on December 27, 2007, Petitioner filed an Answer and Counterclaim including a Count for Spousal Support and/or Alimony Pendente Lite, and Alimony to the Compliant in Divorce filed by Respondent. A copy of the Answer and Counterclaim is attached to this petition. WHEREFORE, Petitioner requests that the Court order alimony pendente lite. Respectfully submitted, Date: 2 Z. 2 bad Marlin L. Mary, E uire ` Law Offices of Pa ' k F. Lauer, Jr., LLC 2108 Market Stre ,Aztec Building Camp Hill, Penn ylvania 1 701 1-4706 ID# 84745 Tel. (717) 763-1800 CONNIE E. HANLEY, P l aintiff/Re spondent vs. RAYMOND P. HANLEY, III, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6331 : CIVIL ACTION - AT LAW - IN DIVORCE VERIFICATION I verify that the statements made in this Petition for Alimony Pendente Lite are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: Signature: /Z,/?- /44XLW, Raymond P. Hanley, III CONNIE E. HANLEY, Plaintiff VS. RAYMOND P. HANLEY, III, Defendant n. O r?' f n C--) -' - r`0 Cf T Y v .' f-7- r t _ - IN THE COURT OF COMMP PL BAS CUMBERLAND COUNTYNN •- o No. 07-6331 N) : CIVIL ACTION - AT 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, ol: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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 CONNIE E. HANLEY, Plaintiff vs. RAYMOND P. HANLEY, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6331 CIVIL ACTION - AT LAW - IN DIVORCE ANSWER AND COUNTERCLAIM AND NOW, comes the Defendant, Raymond P. Hanley, III, by and through his attorneys, the Law Offices of Patrick F. Lauer, Jr., L.L.C., and responds to Plaintiffs Complaint in Divorce as follows: 1. Admitted. 2. Denied. Since the filing of the Divorce Complaint, Defendant has moved to 309 Blacklatch Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. COUNT T - TRRETRIL VARLE. RRFAKDO 8. Admitted. 9. Paragraphs one (1) through eight (8) are incorporated herein by reference as if set forth specifically below. 10. Plaintiff has committed adultery. 11. This action is not collusive. WHEREFORE, Defendant respectfully requests the Court to enter a decree of divorce pursuant to § 3301(a)(2) of the Divorce Code. 12. Paragraphs one (1) through eleven (11) are incorporated herein by reference as if set forth specifically below. 13. During the course of the marriage, the parties acquired property and incurred debt, titled jointly, individually, or both, which remains in the possession of the individual parties. WHEREFORE, the Defendant respectfully requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors and thereby enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code. COUNT IV, - SPOUSAL SUPPORT AND/OR AMMONY PFNDFATF. T.TTF, AND AT,TMONY 14. Paragraphs one (1) through thirteen (13) are incorporated herein by reference as if set forth specifically below. 15. Defendant is unable to sustain himself during the course of litigation. 16. Defendant lacks sufficient property to provide for his reasonable needs and is unable to sustain himself through appropriate employment. 17. Defendant 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 his favor pursuant to Section 3701(a) and 3702 of the Divorce Code. WHEREFORE, Defendant respectfully requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter anorder of alimony in his favor pursuant to Section 3701(a) and 3702 of the Divorce Code. Respectfully in L. Wklef Date: ?a 7 07 Law O ces of ,,Patrick F. Lauer, Jr., L.L.C. 2108 . arket Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 r RAYMOND P. HANLEY, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. CONNIE E. HANLEY, CIVIL ACTION - AT LAW - IN DIVORCE/ Defendant CUSTODY I verify that the statements made in this Answer and Counterclaim are true and .correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: Signature: 1 - 4#7 Raymond P. Hanley, III ¦ CONNIE E. HANLEY, Plaintiff/Respondent VS. RAYMOND P. HANLEY, III, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6331 CIVIL ACTION - AT LAW - IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this 23`d day of July, 2008, causing a copy of the Petition for Alimony Pendente Lite be served upon the following person by First Class United States Mail, I postage pre-paid: Samuel L. Andes, Esq. PO Box 168 Lemoyne, PA 17043-0168 Marlin L-Wkley, Esquire 2108 Mar)(cet Street Camp 1, Pennsylvania 17011-4706 ID# 84 45 Tel. (717) 763-1800 ,?? , _y _, ? ? ? ... L. `?{ t ) ??. ? J ' iY .. t ?" . '4 t? ' .? CONNIE E. HANLEY, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-6331 CIVIL TERM RAYMOND P. HANLEY, III, IN DIVORCE Defendant/Petitioner : PACSES CASE NO: 405110195 ORDER OF COURT AND NOW, this 24th day of July, 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on August 18, 2008 at 10:30 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 1910.11© (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, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Marlin L. Markley, Esq. Samuel L. Andes, Esq. Date of Order: July 24, 2008 R. J. SIdday, (Conference Officer III 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 cc361 " `-=?i C 3 ?? ? k? ?. ?. -* ?, r" ---? ?? j r _ ?-: ?v ? ? ? ? Yj' ?? . ? CONNIE E. HANLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. RAYMOND P. HANLEY, III, Defendant/Petitioner CIVIL ACTION - DIVORCE NO. 07-6331 CIVIL TERM IN DIVORCE PACSES CASE: 405110195 ORDER OF COURT AND NOW to wit, this 20th day of August 2008, it is hereby Ordered that the Petition for Alimony Pendente Lite filed on July 23, 2008 in the above captioned matter is dismissed, without prejudice, pursuant to the parties having shared custody of the two children and maintaining separate households for the children. This Order shall become final twenty (20) 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 Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: DRO: R.J. Shadday xc: Petitioner Respondent Samuel L. Andes, Esq. Marlin L. Markley, Esq. Service Type: M Form OE-001 Worker: 21005 n C ` _j- rn r c '13 Commonwealth of Pennsylvania County of Cumberland, ss: CONNIE E. HANLEY, Plaintiff ) CIVIL ACTION - LAW vs. ) NO. 07-6331 RAYMOND P. HANLEY, III, ) IN DIVORCE Defendant ) Motion for Appointment of Master CONNIE E. HANLEY, Plaintiff moves the court to appoint a Master with respect to the following claims: (xxx) Divorce (xxx) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony (xxx) Counsel Fees ( ) Alimony Pendente Lite (xxx) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by Marlin L. Markley, Esquire. 3. The statutory ground(s) for divorce is: 3301 (c) of the Divorce Code 4. Check the applicable paragraph(s). (xxx) The action is not contested. ( ) An agreement has been reached with respect to the following claims: ( ) The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take % day. 7. Additional information, if any, relevant to the motion: 2 AIZ C?L Date S-aWruef L. Andes Attorney for Plaintiff AND NOW, 2008, , Esquire, is appointed Master with respect to the following claims: divorce, distribution of property, counsel fees, costs and expenses. BY THE COURT, J. ? C?.: a ? ?? ?1 b.a -F- ,' ? N ? , ? =?G a-? £„?. .. .? ? -i f r ._„? .? -F? tT Commonwealth of Pennsylvania County of Cumberland, ss: CONNIE E. HANLEY, Plaintiff ) CIVIL ACTION - LAW vs. ) NO. 07-6331 RAYMOND P. HANLEY, III, ) IN DIVORCE Defendant ) Motion for Appointment of Master OCT 0 3 Zuudo CONNIE E. HANLEY, Plaintiff moves the court to appoint a Master with respect to the following claims (xxx) Divorce (xxx) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony (xxx) Counsel Fees ( ) Alimony Pendente Lite (xxx) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by Marlin L. Markley, Esquire. 3. The statutory ground(s) for divorce is: 3301 (c) of the Divorce Code 4. Check the applicable paragraph(s). (xxx) The action is not contested. ( ) An agreement has been reached with respect to the following claims: ( ) The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take % day. 7. Additional information, if any, relevant to the motion: '-? W 2 ?c 2t Date Sa L. Andes ?P Attorney for Plaintiff AND NOW, 01h-&A, 7 2008, Esquire, is appointed Master with respect to the following claims: divorce, distribution of property, counsel fees, costs and expenses. BY COU J. 1?' ? J CC? =ry frt.. Q Ll i Fes" c..r l7 i-- C V N CONNIE E. HANLEY, Plaintiff VS. RAYMOND P. HANLEY, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-6331 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 29 October 2007 and served upon the Defendant on or about 5 November 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. 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 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. le-13. Dg Dated: S'^,g ?? ?? <? _ ?} "1"§ ", ;? l rv 'u?? CONNIE E. HANLEY, Plaintiff VS. RAYMOND P. HANLEY, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6331 CIVIL ACTION - AT LAW - IN DIVORCE PRAECIPE TO WITHDRAW AS COUNSEL Kindly withdraw my appearance as counsel for Raymond P. Hanley, III, Defendant with regard to the above-captioned matter. Date: 4 -20-2-001 arlin kley, Esquire Law Office f Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Attorney Withdrawing PRAECIPE TO ENTER APPEARANCE AS COUNSEL Kindly enter my appearance on behalf of Raymond P. Hanley, III, Defendant with regard to the above captioned matter. Date: 4-2o-ZDU? Marlin kley, Esquire Attorney I ID. No. 84745 112 Market Street, 6a' Floor Harrisburg, PA 17101 Telephone (717) 236-9391 Facsimile (717) 236-6602 Attorney Entering Appearance FILED-"t.i6.,` ;t47vI OF T TIARY 2009 APR 21 AM 11: 4 9 TY CONNIE E. HANLEY, Plaintiff VS. RAYMOND P. HANLEY, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6331 CIVIL ACTION - AT LAW - IN DIVORCE DEFENDANT'S MOTION FOR AN ORDER TO COMPEL PLAINTIFF TO ANSWER INTERROGATORIES AND PRODUCE REQUESTED DOCUMENTS The Defendant, Raymond P. Hanley, III, by and through his attorney, Marlin L. Markley, Jr., Esquire, hereby moves this Court to enter an Order pursuant to Pa.R.C.P. 1930.5(b) and 4019(a)(1)(i) for failure of Plaintiff, Comae E. Hanley, to answer interrogatories and produce requested documents, and in support thereof, avers the following: 1. Movant is the Defendant, Raymond P. Hanley, III. 2. Respondent is the Plaintiff, Connie E. Hanley. 3. On October 27, 2007, Plaintiff filed a Complaint for a Divorce under §3301(c) & (d) along with a count for equitable distribution. 4. Defendant filed an answer and counterclaim on December 27, 2007, with a count for equitable distribution and a count for spousal support and/or alimony pendent lite, and alimony. 5. On or about January 4, 2008, the plaintiff filed a petition with a count of equitable distribution and a count for counsel fees and expeses. 6. In order to develop properly the above economic claims, interrogatories and a request for production of documents were sent to plaintiff's counsel on June 5, 2009. See attached Exhibit "A". 7. Plaintiff's requests were served in accordance with Pa.R.C.P. 1930.5 and 4005, and were to be answered within thirty (30) days. 8. Plaintiff filed no objection to defendant's requests nor requested an extension of time for responding. 9. On August 11, 2009, defendant's counsel sent a letter to plaintiff's counsel indicating that answers to the interrogatories and requested documents had not been received and were past due. See attached Exhibit "B". 10. On August 24, 2009, plaintiff's counsel forwarded a letter to defendant's counsel indicating that he has not provided me with the requested answers and that he will meet with his client shortly and expects to be able to respond within the next few weeks. The answers and documents have not been received and are now more than eighty (80) days past due. 11. The answers and documents requested by defendant are essential to the proper development and presentation of his case. Without said answers and documents, defendant's case is unduly prejudiced. 12. Plaintiff's conduct in not responding to defendant's discovery request is totally unjustified, and has necessitated the filing of the instant Motion. 13. Defendant has made a good faith effort to resolve this discovery dispute. 14. The Honorable M.L. Ebert has issued orders previously for this case regarding issues not related to this petition. WHEREFORE, defendant respectfully requests that this Honorable Court enter an Order: A. compelling plaintiff to produce all of the documents requested by defendant within twenty (20) days of this Court's Order, and upon plaintiff's failure to comply within the allotted time period, to suffer sanctions to be imposed by further Order of Court; B. directing plaintiff to answer defendant's interrogatories within twenty (20) days of this Court's Order, and upon plaintiff's failure to comply within the allotted time period, to suffer sanctions to be imposed by further Order of Court; C. directing plaintiff to pay defendant's reasonable counsel fees and expenses incurred in connection with the filing, preparation and disposition of the instant Motion in the amount of $320.00; and D. granting further relief as is deemed necessary and just. Respectfully Date: September 28, 2009 Ja&I Marlin L. 3920 M et Stn Camp Hill, Perm ID# 84745 Tel. Jr., Esquire Suite 303 .vania 17011 17) 635-9538 CONNIE E. HANLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 07-6331 RAYMOND P. HANLEY, III, CIVIL ACTION - AT LAW - IN DIVORCE Defendant CERTIFICATE OF SERVICE I, Marlin L. Markley, Esquire, hereby certify that I have served a true and correct copy of the foregoing DEFENDANT'S MOTION FOR AN ORDER TO COMPEL PLAINTIFF TO ANSWER INTERROGATORIES AND PRODUCE REQUESTED DOCUMENTS upon the Plaintiffs counsel, by first class mail, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Date: September 28, 2009 Respectfully Marlin L. y, Jr., Esquire 3920 ket f7l et, Sui te 303 Camp Hill, P ylvania 17011 ID# 84745 EXHIBIT "A" FFC FOREMAN, FOREMAN & CARACIOLO, PC Telephone (717) 236-9391 ATTORNEYS AT LAW 112 Market Street, 61` Floor Veteran's Building Harrisburg, PA 17101 www.ffclaw.net June 5, 2009 Samuel L. Andes, Esq. PO Box 168 Lemoyne, PA 17043-0168 RE: Hanley v. Hanley, Divorce Cumberland County No. 2007-6331 Dear Samuel: Facsimile (717) 236-6602 Enclosed please find Defendant's Request for Production of Documents and Defendant's Interrogatories to Plaintiff. MLM/ Enclosure Cc: Ray Hanley Bruce D. Foreman, Esquire Jeff Foreman, Esquire Joseph D. Caraciolo, Esquire Marlin L. Markley, Esquire >q. bruce@FFClaw.net jeff@FFClaw.net joseph@FFClaw.net marlin@FFClaw.net CONNIE E. HANLEY, Plaintiff Vs. RAYMOND P. HANLEY, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6331 CIVIL CIVIL ACTION - AT LAW - IN DIVORCE DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS TO: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Attorney for Plaintiff Pursuant to Pennsylvania Rules of Civil Procedure No. 1930.5 and No. 4009.1, you are hereby requested to produce the below-listed documents and/or items for purposes of discovery. The documents and tangible things requested herein must be produced at the law office of Foreman, Foreman & Caraciolo, P.C., 112 Market Street, 6t' Floor, Harrisburg, Pennsylvania 17101 within thirty days. The request is as follows: 1. Copies of your personal 2007 & 2008 Federal, State, and Local Tax Returns, including all schedules and W-2's. 2. Copies of 2007 & 2008 Federal and State Tax Returns for A and C Euro, Inc., including all schedules and profit and loss statements. 3. All books and records showing any fringe benefits available to you from any business entity in which you have a legal or equitable ownership interest, including without limitation, auto expenses; travel expenses; personal living an entertainment expenses; bonuses; and life, health , accident and hospital insurance. 4. All records, bills, and invoices pertaining to the expenses and gross receipts relating to the conduct of the business in which you have an interest, for January 1, 2007 to the present, together with any supporting documents including, but not limited to, invoices, bills, receipts, checks, and other accounting records dealing you're your accounts payable and accounts receivable for the time period in question. 5. Copies of all deeds, mortgages, settlement sheets, appraisals and tax assessments for any real estate you or A and C Euro, Inc., have an interest in identified in your Answers to Interrogatories. 6. Copies of all statements for the time period of January 1, 2007 through present, evidencing your Answers to Interrogatories regarding all bank accounts, financial accounts, savings, investments, bonds, Certificates of Deposit, IRAs, 401(k)s, Savings Plans, stocks, mutual funds or fund shares. 7. Copies of any calendars, appointment books, etc., whether electronic or paper, indicating the scheduling of all appointments for A and C Euro, Inc., from January 1, 2007, through the present. 8. Copies of statements as of January 1, 2007, September 26, 2007, your date of separation if different, and present for all debts identified in your Answers to Interrogatories. 9. Copies of any expert reports you plan to submit at trial. 10. Attach all exhibits you plan to submit at trial. 11. Any other writing which is necessary to establish any values set forth in any of your Answers to Interrogatories. NOTE: As referred to herein "document" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes or meetings, or any other writing (including copies of any analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes or meetings, or any other writing (including copies of any of the foregoing, regardless of whether you are now in possession, custody, or control of the original) now in your possession, custody or control, your former or present counsel, agents, employees, officers, insurers, or any other person acting on our behalf. BY: dMar ' arkley, Esq. 112 M ke Street, 6t' Floor 01 Harrisburg, Pennsylvania 17101 Date: - ID# 84745 Tel. (717) 236-9391 Z Attorney for Defendant CONNIE E. HANLEY, Plaintiff VS. RAYMOND P. HANLEY, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6331 CIVIL CIVIL ACTION - AT LAW - IN DIVORCE DEFENDANT'S FIRST SET OF INTERROGATORIES TO PLAINTIFF TO: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Attorney for Plaintiff PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules of Civil Procedure No. 1930.5 and No. 4001, et seq., to serve upon the undersigned, within thirty (30) days after service of this Notice, your Answers in writing under oath to the following Interrogatories. Date: ((%% BY: Mary. arkley, Esq. 112 Market treet, 6t' Floor Harrisburg, Pennsylvania 17101 ID# 84745 Tel. (717) 236-9391 DEFINITIONS AND INSTRUCTIONS Answer every Interrogatory. No question is to be left blank. If the answer to an Interrogatory is "none" or "unknown", that must be written in the answer Whenever a date, amount or other computation or figure is requested, the exact date, amount, computation or figure is to be given unless it is unknown. If so, give the best estimate or approximation thereof and note that such answer is an estimate or approximation. A. Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however produced or reproduced and however formal or informal. In lieu of identifying documents, you may supply the documents or true and correct copies thereof. B. "Identify," when used in reference to a person, means to state in the answer in each instance her/his full name, present or last known residence address and telephone number of his/her present employer and position, if known. C. "Identify" when used in reference to a writing or document, means to state in the answer in each instance whether or not such document is known to be in existence at the time of making the answer, and (i) the date of the document; (ii) the type of document, e.g., letter, memorandum; (iii) the present or last known location (s) and custodian(s) of the document and all of its copies; (vi) the name, address, employer and position of each person who signed and/or prepared the document; (v) the document was sent; and (vi) a brief statement of the subject matter of each document. If any such document is no longer in disposition was made of it, the date, and the identity of the person or persons responsible for such disposition and policy, rule, order or other authority by which such disposition was made. D. Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (i) The means of communication (e.g., telephone, personal conversation, etc.); (ii) Where it took place; (iii) Its date; (iv) The names, addresses, employers and positions (a) of all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; (v) The substance of who said what and to whom and the order in which it was said; and; (vi) Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicated above. (vii) If you contend that you are not yet separated from your spouse, then answer any questions asking for information as of the date of separation as if the question asks for information as of the date of response to the Interrogatories. E. The term "you" shall be deemed to mean and refer to the party whom these Interrogatories have been propounded for answer and shall also be deemed to refer to anyone acting on your behalf. F. The words "incident" "accident" and "occurrence" shall be deemed to mean and refer to the incident, as set forth in Plaintiff's Complaint, which forms the basis for this lawsuit, G. These Interrogatories are deemed continuing and whenever additional information responsive to them is obtained by you, it shall be supplied to the Plaintiffs as though expressly requested by separate Interrogatories, as required by Rule 4007.4 of the Pennsylvania Rules of Civil Procedure. 1. For each individual employed by you, or A and C Euro, Inc., during the period of January 1, 2007 through the present, state: a. The name, last known address and telephone number of employee; b. Date employment began and ended (or if ongoing); c. Total amount of compensation paid to employee during the year 2007; d. Total amount of compensation paid to employee during the year 2008; e. Total amount of compensation paid to employee during the year 2009 year to date; ANSWER: 2. State the services that you (not the business) provide to customers of the business and what the normal fee and tip the customer pays for such service. ANSWER: 3. List all assets including real estate and inventory belonging to the business, their date of acquisition, value at acquisition, present market value and present location. ANSWER: 4. Identify all bank and savings and loan association accounts, time deposits, certificates of deposit, savings bonds, treasury notes, savings clubs, thrift plans, money market funds and checking accounts in your name or in which you have an interest (including business). For each, please provide: a. The location of the account; b. The account number or other identifying number; c. The value as of September 26, 2007; d. If you do not believe the date of separation was September 26, 2007, then list the date that you believe separation occurred and the value on such date e. The present value; f. Name and address of each co-owner; g. The identity of any custodian of a passbook, certificate, etc. ANSWER: 5. Identify all debts, liabilities, charges, bills or claims, contingent or liquidated, secured or unsecured, against you and/or A and C Euro, Inc.. For each, please provide: a. The name and address of the creditor; b. The account number or other identifying number; c. The amount owed as of September 26, 2007; d. If you do not believe the date of separation was September 26, 2007, then list the date that you believe separation occurred and the amount owed on such date; e. The present amount owed; f. What, if anything is used as collateral for the debt; ANSWER: CONNIE E. HANLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 07-6331 CIVIL RAYMOND P. HANLEY, III, CIVIL ACTION - AT LAW -1N DIVORCE Defendant VERIFICATION I, Connie E. Hanley, verify that the statements made in the foregoing Plaintiff's Answers to Defendant's First Set Of Interrogatories To Plaintiff are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Connie E. Hanley EXHIBIT "B" LAW OFFICE OF MARLIN L. MARKLEY, JR. 3920 MARKET STREET, SUITE 303 CAMP HILL, PENNSYLVANIA 17011 T(717) 635-9538 F(717) 635-9578 August 11, 2009 Samuel L. Andes, Esq. PO Box 168 Lemoyne, PA 17043-0168 RE: Hanley v. Hanley, Divorce Cumberland County No. 2007-6331 Dear Samuel: Please note for your records my change of address. As you may recall on June 5, 2009, I forwarded to you Interrogatories and a Request for Production of Documents, which answers were due on or before July 6, 2009. I have not yet received your client's answers to the interrogatories or the requested documents and no objection has been filed. Please forward your client's answers to these interrogatories and the requested documents to me immediately to avoid court involvement. Sincerely, 14arlin MLMI Cc: Raymond P. Hanley, III 0F 4 %V,?r 20SU30 N 1:44 Naar CONNIE E. HANLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RAMOND P. HANLEY, III, Defendant NO. 07-6331 CIVIL TERM ORDER OF COURT AND NOW, this 5 h day of October, 2009, upon consideration of Defendant's Motion for an Order To Compel Plaintiff To Answer Interrogatories and Produce Requested Documents, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, / Samuel L. Andes, Esq. P.O. Box 168 Lemoyne, PA 17043 ,/Attorney for Plaintiff Marlin L. Markley, Jr., Esq. 3920 Market Street Suite 303 Camp Hill, PA 17011 Attorney for Defendant :rc l2o t ES #?a7! u Icy gloy r; i Wesley Ol i Jr., J. FJLED-n,FRCE OF THIS PRO i fi!r`NUTARY 2009 OCT -5 PM 2= 4 5 PC' CONNIE E. HANLEY, Plaintiff vs. RAYMOND P. HANLEY, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-6331 CIVIL IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION TO COMPEL AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Answer to Plaintiff's Motion: I through 5. Admitted. 6. Plaintiff admits that Defendant's attorney served Interrogatories and a Request for Production of Documents on her attorney in June of 2009. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted in part and denied in part. Plaintiff admits the communications between counsel but denies that the Answers and documents have not been received. 11. Denied as stated. The parties have exchanged extensive discovery prior to Defendant's Interrogatories and Request for Production of Documents. Plaintiff does not believe that Defendant's preparation of the case has been unduly prejudiced. 12. Denied. The information requested by Defendant required Plaintiff to obtain permission from her partner to release some of the information requested, required Plaintiff to conduct extensive searches of records, and to obtain some information from third parties, all of which took substantial time. 13. Denied as stated. Defendant's counsel did not telephone or otherwise communicate with Plaintiff's counsel regarding the filing of the Motion to Compel. Page 1 of 3 14. Admitted. WHEREFORE, in light of the fact that Plaintiff has now answered Defendant's discovery requests, Plaintiff prays this court to deny Defendant's Motion for Sanctions so this case can proceed to a conclusion before the Master. S L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12' Street Lemoyne, PA 17043 (717) 761-5361 Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Marlin L. Markley, Esquire Veterans Building, 6th Floor 3920 Market Street, Suite 303 Camp Hill, PA 17011 Date: 28 October 2009 qVecretaary ns for Samuel L. Andes Page 3 of 3 FILEb, C E, yn1/ CF THE Lr":,) 20,39 00 i 29 Fri 2: 12 CtisM ??'sTY CONNIE E. HANLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RAMOND P. HANLEY, III, Defendant NO. 07-6331 CIVIL TERM ORDER OF COURT AND NOW, this P day of November, 2009, upon consideration of Defendant's Motion for an Order To Compel Plaintiff To Answer Interrogatories and Produce Requested Documents, and of Plaintiff's Answer to Defendant's Motion To Compel, a discovery conference is scheduled in chambers of the undersigned judge for Wednesday, December 30, 2009, at 2:00 p.m. ? Samuel L. Andes Esq. P.O. Box 168 Lemoyne, PA 17043 Attorney for Plaintiff .,, arlin L. Markley, Jr., Esq. 3920 Market Street Suite 303 Camp Hill, PA 17011 Attorney for Defendant :rc 1IlAy/6)r Ce>p r'ES' rn.,7t BY THE COURT, ALEFFICE ^fF THE PROTHONOTARY 2009 NOV -4 PM 2: 25 CONNIE E. HANLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RAMOND P. HANLEY, III, Defendant NO. 07-6331 CIVIL TERM ORDER OF COURT AND NOW, this 29 h day of December 2009, upon consideration of the attached letter from Marlin L. Markley, Jr., Esq., attorney for Defendant, the hearing previously scheduled for December 30, 2009, is CONTINUED GENERALLY. Counsel are directed to notify the Court by motion if a hearing in this matter is required or when a settlement has been reached. BY THE COURT, ? Samuel L. Andes, Esq. P.O. Box 168 Lemoyne, PA 17043 Attorney for Plaintiff ./ Marlin L. Markley, Jr., Esq. Suite 303 3920 Market Street Camp Hill, PA 17011 Attorney for Defendant :rc COP ' QS /hat t LL /Ala1161 F LED-ur- iCa. F.; Tt1Y f,.r THE 7009 DEC 3C PHI 4: 00 t.v A ( r s 12-29-'09 14;51 FROM-Marlin L Markley 717-635-9578 T-076 P0002/0002 F-202 LAW OFFICE OF MARLIN L. MARK LEY, JR. 39201 MUMT STREET, SUFM 303 CAMP HILL, PENNSYLVANIA 17011 T(717) 635-9538 1 F(717) 635-9578 December 29, 2009 Honorable J. 'W'esley Oler, Jr. VIA FAX ONLY Cumberland County Courthouse 717-240-6462 One Courthouse Square Carlisle, PA 17013 RE: Hanley v. Hanley, Divorce Cumberland County No. 2007-6331 Dear Judge O1er: A hearing to resolve a discovery matter in the above referenced case is scheduled in your courtroom tomorrow at 2:00 p.m.. I represent the Petitioner/Defendant, the Respondent/Plaintiff is represented by Samuel Andes, Esq. Mr. Andes and I wish to further pursue settlement negotiations in this matter. Mr. Andes and I agree to continue this matter generally and if necessary either counsel can motion the court to have this matter relisted for a hearing. If you have any questions or concerns regarding this matter, do not hesitate to contact me. Sincerely, Marlin L.kley, Jr., Esquire MLM/ Cc: Samuel L. Andes, Esquire (fax only 717-761-1435) CONNIE E. HANLEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V S. CIVIL DIVISION RAYMOND P. HANLEY, , : No. 07-6331 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divot decree: `~ V }'. I 1. Ground for divorce: Irretrievable breakdown under 3301 (c) =- (Strike out inapplicable section) = `: .:..- 2. Date and manner of service of the complaint: Complaint filed on 29 October 2007 and served within thirty days thereafter on Defend~t. 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff4 June 2010 ; by defendant 4 June 2010 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: N o :r e_... .~ r_ 1_ -n ~..a ~ ~ 1 f..,,_ ~~` ~_ f ~f~ i`~ •d.~ I' 1 .~. n.. =~i c.~: ~ (2) Date of filing and service of the plaintiff's 3301 (d) affidavit upon the respondent opposing party: 4. Related claims pending: None 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: 4 June 2010 Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: 4 June 2010 ttorney for Plaintiff/l7ef~da~t ~ ~ ~1,c-7 CONNIE E. HANLEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RAYMOND P. HANLEY, III, NO. 07-6331 CIVIL TERM DIVORCE DECREE AND NOW, ~J `y ~3 ~.~~~ , it is ordered and decreed that CONNIE E. HANLEY, plaintiff, and RAYMOND P. HANLEY, III, ,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, Attest: ~. ~C~l.Ka~ ~ -id3.Gc.2~ Protho otary 7•J~t-LO 7~ 1~ (d ~+~ ~«~ /l?C~'t1c.Q. Mcc,~ ~~~ -~-o ~r~ ~+.4,a n~.r~.,~.