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HomeMy WebLinkAbout08-7517' Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) JAMES E. DAUGHERTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAWI DIANA L. DAUGHERTY, 0 8 Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed against 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 with 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, 1 Courthouse Square, Carlisle, Pennsylvania, 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 BY An rew C. Sheely, Es PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff ` Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) JAMES E. DAUGHERTY, Plaintiff VS. DIANA L. DAUGHERTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 08 - 75/1 IN DIVORCE NOTICE OF RIGHT TO COUNSELING YOU are one of the parties in the above-captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties with a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors if available in the office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) JAMES E. DAUGHERTY, Plaintiff vs. DIANA L. DAUGHERTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -__ ..LAW 0 8 - 7 SJ 7 nn ;j (? ??. IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is JAMES E. DAUGHERTY, an adult individual who currently resides at 262 Clark Street, Lemoyne, Cumberland County, Pennsylvania. 2. Defendant is DIANA L. DAUGHERTY, an adult individual who currently resides at 262 Clark Street, Lemoyne, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant were residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married in Mechanicsburg, Pennsylvania, on May 6, 1995. 5. There have been no prior actions of divorce or annulment between the parties. 6. Neither party is a member of the armed forces of the United States of America. 7. Plaintiff has been advised of the availability of marriage counseling and understands that he may have the right to request that the court require the parties hereto to participate in counseling. COUNT 1 - DIVORCE - IRRECONCILABLE DIFFERENCES 8. Paragraphs 1 - 7 are incorporated herein as if set forth at length. 9. The marriage between the parties is irretrievably broken. 10. After ninety (90) days have elapsed from the date of filing the divorce complaint, Plaintiff intends to file an affidavit consenting to a divorce and Plaintiff believes Defendant may also file such an affidavit. 11. This divorce action is not collusive. 12. The parties separated on or about December 29, 2008. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from filing of this Divorce Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code. COUNT II - DIVORCE - 3301(d) 13. Paragraphs 1 - 12 are incorporated herein as if set forth at length. 2 14. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file his affidavit of having lived separate and apart. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed his affidavit of consent, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III. CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 15. The allegations in Paragraphs 1 - 14 are incorporated herein and made a part hereof. 16. Plaintiff and Defendant are the owners of various personal property, motor vehicles, bank accounts, retirement accounts, retirement assets and insurance policies acquired during their marriage. 17. Plaintiff and Defendant are the owners of real property acquired during their marriage. 18. Plaintiff and Defendant have acquired various marital debts during the period of their marriage. 3 WHEREFORE, Plaintiff requests your Honorable Court equitably distribute the parties marital property, including marital debt, and including any such further relief as the Court may determine equitable and just. Date: December 2008 Respectfully submitted, Andrew C. Sheely, Esquire Attorney for Plaintiff PA ID No. 62469 P.O. Box 95 127 S. Market Street Mechanicsburg, PA 17055 717-697-7050 4 Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) JAMES E. DAUGHERTY, Plaintiff VS. DIANA L. DAUGHERTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 08 - IN DIVORCE AFFIDAVIT James E. Daugherty, being duly sworn according to law, deposes and says: (1) I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. (2) I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. s E. Daugherty VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: December 2008 ,wdames E. Daugherty `J t Y W rlr-i /^/ yJ kRj- 4ip- 7 t -y} h ?? . IS Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) JAMES E. DAUGHERTY, Plaintiff VS. DIANA L. DAUGHERTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 08 - 7517 IN DIVORCE AFFIDAVIT OF SERVING COMPLAINT COMMONWEALTH OF PENNSYLVANIA . : SS COUNTY OF CUMBERLAND ANDREW C. SHEELY, being duly sworn according to law, deposes and says that a true and correct copy of the Divorce Complaint in the above-captioned matter to be served upon DIANA L. DAUGHERTY, Defendant, by Certified Mail, Return Receipt Requested, as indicated by the attached receipt card on January 10, 2009. ,4d,jo- AN REW C. SHEELY SWORN to and subscribed before me this day of January, 2009. Notary P blic My Commission Expires: NOTAM BWMOWW,, Public mm My Go r 2010 0 ' GompWe items 1; 2, mid 3. Also complete Wom 4 it Restricted Delivery is desired. ¦ 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 mailpiecf or on the front if space permits. 1. Article Addressed to: [N L--5 k<r4 piansa i..• 7 r w RlE*1 FcTED PELr V E-4 Y A DD QE 55,CF b"r4 4' ,2¢a Cta,-k ,S tree Celndy j eI r - l?oy3 Mechanicsburg Main Post Office 2. Article Number (Copy from service laW MECHANICSBURG, Pennsylvania - 170553459 PS Form 3811, July 1999 4134870055 -0097 01/02/2009 (800)275-8777 12:22:14 PM Sales Receipt Product Sale Unit Final Description Qty Price Price LEMOYNE PA 17043 Zone-1 $1.00 First-Class Large Env 1.80 oz. Return Rcp t (Green Card) $2.20 Restricted Delivery $4.30 Certified $2.70 Label 70012510000030292035 Issue PVI: =_____== $10.20 LEMOYNE PA 17043 Zone-1 $1.00 First-Class Large Env 1.80 oz. Issue PVI: Total: Paid by: A. P%celved by (Plettse Print Clearly) B. Date of Delivery L C. SNature 0 Agent X 0 Addressee D. ivery address different it ? 0 Yes If YES, enter delivery address below: 0 No 3. Sent' Type Certffied Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? F A a Fee) WI// les 7001 2510 0000 3029 2035 $1.00 $11.20 Personal Check $11.20 Order stamps at USPS.com/shop or call 1-800-Stamp24. Go to USPS.oom/clicknship to print shipping labels with postage. For other information call 1-800-ASK-USPS. Bill#: 1000304083925 Clerk: 16 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business >rxrcxrrrrrtxrcx?c?rrcxt? xxrcrrrrrt?r>tr>r?r>r,r?r>rx>rx,t>r>t?rrr?r>t>r sere,itex?rrrx>Y>trx>rrrx>t,i>r>r?c?r>r><>r>rx>r>rtt,r>t>rxxx>r?rre?rx x HELP US SERVE YOU BETTER Go to: http://gx.gallup.com/pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS *rt>r>r,r,rrct?,t?xxx?rxxx?rx?r?rrrxrrxrrxx?cx>trx>rrrrt?rtr>rtrtr Ln m 0 ti Postage $ rL r3 ?. 16 M Certified Fee Postmark C7 Return Receipt Fee Here 3 (Endorsement Required) C3 Restricted Delivery Fee C] (Endorsement Required) C7 Total Postage & Fees $ '1li • 2i1 I,1 /02/2Ijf14 "t sent ro t'S r e ra Street, Apt No.; C] or PO Box No. .7-4 Z, e[!ir ILI„C 6 a ----- City State. Zlw+ ----------------- - ------------------ G 414 m n-'- Domestic Return Receipt 102595-00-M-0952 Customer Copy E J Y r? G ? ? UO Q JAMES E. DAUGHERTY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-7517 ° ? -TI 11 J ,- DIANA L. DAUGHERTY, : CIVIL ACTION - LAW --- r 771 Defendant : IN DIVORCE NOTICE 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 judgement 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at: The Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 *rp.00 po ATM 00 aOR9 .G p'#dgb3r7 a MEYERS, DESFOR, SALTZGIVER 8t BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 JAMES E. DAUGHERTY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-7517 DIANA L. DAUGHERTY, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 - FAX (717) 236-2817 JAMES E. DAUGHERTY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-7517 DIANA L. DAUGHERTY, : CIVIL ACTION - LAW Defendant : IN DIVORCE DEFENDANT'S ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE AND NOW, comes the Defendant, Diana L. Daugherty, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Answer and Counterclaim to Complaint in Divorce and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. No answer required. COUNTI DIVORCE - IRRECONCILABLE DIFFERENCES 8. No answer required. 9. Admitted. 10. No answer required. 11. Admitted. MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 11 12. Admitted. WHEREFORE, Defendant, Diana Daugherty, respects this Honorable Court enter a Decree in Divorce pursuant to 3301(c) of the Divorce Code. COUNT II DIVORCE 3301M) 1113. No answer required. 14. No answer required. WHEREFORE, Defendant, Diana Daugherty, requests this Honorable Court issue a divorce pursuant to section 3301(d) of the Divorce Code. COUNT III EQUITABLE DISTRIBUTION 15. No answer required. 116. Admitted. 17. Admitted. 18. Denied. Defendant is not aware of any marital debts other than the loans against the parties automobiles. WHEREFORE, Defendant, Diana Daugherty, requests this Honorable Court equitably distribute all marital property pursuant to the Divorce Code. COUNTERCLAIM COUNT IV ADULTERY 19. Paragraphs one through eighteen of the Complaint in Divorce are incorporated by MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 reference as if fully set forth herein. 20. The Plaintiff in this action has committed adultery during the term of the marriage. 21. The grounds upon which this action is based are 23 Pa. C.S.A. §3301(a)(2), as the Plaintiff has committed adultery pursuant to that Section of the Divorce Code. 22. Defendant requests the Court to enter a Decree of Divorce pursuant to Section 3301(a)(2) of the Divorce Code. WHEREFORE, Defendant, Diana Daugherty, requests this Honorable Court issue a Decree in Divorce divorcing him from the bonds of matrimony pursuant to Section 3301(a)(2) of the Divorce Code. COUNT V ALIMONY 23. Paragraphs one through twenty-two of the Complaint in Divorce and Answer and Counterclaim to Complaint in Divorce are incorporated by reference as if fully set forth herein. 24. Defendant lacks sufficient property to provide for her reasonable needs. 25. Defendant is unable to sufficiently support herself through appropriate employment. 26. Plaintiff has sufficient income and assets to provide continuing support and to pay alimony to the Defendant. WHEREFORE, Defendant, Diana Daugherty requests this Honorable Court compel Plaintiff to pay alimony to Defendant. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 COUNT VI ALIMONY PENDENTE LITE SUPPORT COUNSEL FEES AND EXPENSES 27. Paragraphs one through twenty-six of the Complaint in Divorce and Answer and Counterclaim to Complaint in Divorce are incorporated by reference as if fully set forth herein. 28. By reason of this action, Defendant will be put to considerable expense in the preparation of this case, in the employment of counsel, and the payment of costs. 29. Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation, and unable to appropriately maintain herself during the pendency of this action. 30. Defendant's income is not sufficient to provide for her reasonable needs and pay her attorneys' fees and the costs of this litigation. 31. Plaintiff has adequate earnings to provide support and alimony pendente lite to the Defendant and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant, Diana Daugherty, requests this Honorable Court compel the Plaintiff to pay Defendant alimony pendente lite, support, counsel fees, costs and expenses of this action. MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Attorney I.D. 613 Meyers, Desfor, Saltzgiver 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Defendant MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 - FAX (717) 236-2817 Boyle Respectfully submitted, VERIFICATION I, Diana Daugherty , verify that the statements made in this Defendant's Answer to Complaint in Divorce and Counterclaim are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. < Dated: v CV, ( ) Plaintiff ( g ) Defendant MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 JAMES E. DAUGHERTY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-7517 DIANA L. DAUGHERTY, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this -- day of April, 2010, that a copy of the foregoing Defendant's Answer and Counterclaim to Complaint in Divorce was mailed, first-class, postage prepaid to: Andrew C. Sheely, Esquire 127 S. Market Street MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 P.O. Box 95 R ~' JAMES E. DAUGHERTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . ~ ~ c~ '~ vs. CIVIL ACTION - Law ~ ~ --i ~ -=°' ~ -,g. r-rc ~-, r- DIANA L. DAUGHERTY, 08 - 7517 CIVIL TERM ~=~ -~ mt?~~ Defendant `~~ '~`'' - ~~~' =~~ MOTION FOR APPOINTMENT OF MASTER ca ~ rv rn JAMES E. DAUGHERTY, Plaintiff, moves the Court to appo ~t sd' Master with respect to the following claims: (X) Divorce (X) Distribution of Property (X) Alimony (X) A.P.L, Attorney fees and costs and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a Master is requested, excepting updated values. (2) The defendant has appeared in the action by her attorney, Laurie A. Saltzgiver, EsQUire. (3) The Statutory basis for divorce is 23 Pa C.S.A. ~ 3301(c). (4) Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: None c. The action is contested with respect to the following claims: Equitable Distribution, Alimony, Counsel Fees and costs. (5) The action does not involve complex issues of law/fact. (6) The hearing is expected to take 1 day (7) Additional information rel ant to the tion: None Date: lV~Z(o/lp An r w C. Sheely, Esqu re Attorney for Plaintiff ORDER APPOINTING MASTER AND NOW, 2010, E. Robert Elicker, Esquire, is appointed Master with respect to the following claims: Divorce and all claims raised in the action. By the Court: J. ~ I JAMES E. DAUGHERTY, Plaintiff vs. DIANA L. DAUGHERTY, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - Law 08 - 7517 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify on this 26 day of October, 2010, that the foregoing Motion for the appointment of the Divorce Master was mailed, first-class, postage pre-paid to: Laurie A. Saltzgiver, Esquire Meyers, Desfor, Saltzgiver & Boyle P.O. Box 1062 410 North Second Street Harrisburg, PA 17108 Andrew C. Sheely, Esquire Attorney for Plaintiff w 7 _ ~ ~,C N ~rn JAMES E. DAUGHERTY, Plaintiff, moves the Court to appoi~at ~' ~ Master with respect to the following claims: (X) Divorce (X) Distribution of Property (X) Alimony (X) A.P.L, Attorney fees and costs n JAMES E . DAUGHERTY, IN THE COURT OF COMMON PLEAS OF~CT ? 7 2OtO Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA -,~ ~-y Q ° vs. CIVIL ACTION - Law ~ ® --i S ~~ ~ ~~ DIANA L. DAUGHERTY, 08 - 7517 CIVIL TERM ~/ .~_r~~ ~ ~ ~ ._ Defendant vat ~'`' ~~`_'~ ~~" -~ MOTION FOR APPOINTMENT OF MASTER =~~ ~ ° ~ ~' c3 ~ c~ and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a Master is requested, excepting updated values. (2) The defendant has appeared in the action by her attorney, Laurie A. Saltzgiver, Esctuire. (3) The Statutory basis for divorce is 23 Pa C.S.A. ~ 3301(c). (4) Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: None c. The action is contested with respect to the following claims: Equitable Distribution, Alimony, Counsel Fees and costs (5) The action does not involve complex issues of law/fact. (6) The hearing is expected to take l day (7) Additional information rel ant to the tion: None Date: l~~zs°/?~ An r w C. Sheely, Esqu re Attorney for Plaintiff ORDER APPOINTING MASTER ~~ N o c ~ -`~ -~ ~~ a ~ AND NOW, -~' 7e 2010, E. Robert Elicl o rn~ Esquire, is appointed Master with respect to the following ams,~ -a~ Divorce and all claims raised in the action. .-~~ ;,v ~p n , .,., {a ~-~ t~ES ry~,a ~ ~( By the Court : ~ ~ z=~ `~-~ ° o ~ R . ~~ "- ( ~c ca ~~ J ,~ ca ~ i%4l !d ~-,- .•-n JAMES E. DA GHERTY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - Law C .? .02 DIANA L. DA GHERTY, :08 - 7517 CIVIL TERM z? -vim efendant „Wr_ o° O Z 0'n n ?r Z! Z_O O? PRAECIPE TO WITHDRAW APPEARANCE I, Andrew C. Sheely, Esquire, withdraw my appearance as attorney of record for, James E. Daugherty, Plaintiff in the above-captioned case. 22-/ -A" f Andrew C. Sheely, Esquir 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 PRAECIPE TO ENTER APPEARANCE I, Nichole M. Staley O'Gorman, Esquire, enter my appearance as attorney of record for, James E , Plaintiff in the above-captioned case. Date liChole M. Stgey O' G( 1820 Linglestdwn Road Harrisburg, PA 17110 Nichole M. Staley O'Gorman, Esquire I. D. # 79866 1820 Linglestown Road Harrisburg, PA 17110 PH: (717) 236-9777 FX: (717) 236-9779 nogorman@staleyogormanlaw.com Attorney for Plaintiff JAMES E. DAUGHERTY, Plaintiff V. DIANA L. DAUGHERTY, Defendant C t' r.a 4 CD "Fi zr rrlr- == r r _ "°r*s -<D - o? z o-n !V CD? rn a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7517 CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR RULE TO FILE BILL OF PARTICULARS TO THE PROTHONOTARY: Please enter a Rule as of course upon the Defendant, Diana L. Daugherty, to file a Bill of Particulars within twenty (20) days after?ervice of this Rule or suffer judgment of non pros. j f? V Nichole M. S a ey O' o an, Esquire I.D. No. 798 6 1820 Lingles own Road Harrisburg, PA 17110 Dated: ?Jq (717) 236-9777 1 RULE AND NOW, this 114 day of , 2011, a Rule is entered on Diana L. Daugherty, Defendant herein, to file a Bill of Particulars within twenty days after service of this Rule or suffer judgment of non pros. Date: 7//// I xd 11?-?Uff ar.Ei David D. Buell, Prothonotary JAMES E. DAUGHERTY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-7517 DIANA L. DAUGHERTY, : CIVIL ACTION - LAW' Defendant : IN DIVORCE ?r BILL OF PARTICULARS -- ?w t In compliance with the Rule entered by the Prothonotary in the above-captioned --- action, the Defendant, Diana L . Daugherty submits the following Bill of Particulars. My Husband had a number of affairs during our marriage. In September of 2007, I found a used condom in his truck. It was in the backseat in a plastic grocery bag. I confronted my Husband at that time and he said, I quote, "it was just a f I don't know why you're so upset about it." We later reconciled our marriage and got back together in late 2007. 3. In 2008, my Husband was working for the American Water Company in Phillipsburg, Pennsylvania. He was staying in Clearfield and he acquired a number of female friends that he went out drinking and partying with. During this period of time, he frequently went out drinking and partying with Jane, his boss at American Water Company. 4. During this period of time, I am aware that my Husband went out with a number of other people to "Denny's Beer Barrel Pub" for dinner. My Husband mentioned to me that he met a woman named "Heather" that night. He also mentioned this Heather on a number of other occasions. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 5. In May of 2008, I found a number of women's telephone numbers in my Husband's cellular telephone contacts. "Heather" was listed in the contacts as well as some other women. I confronted my Husband about this, but he denied that anything was going on. After this occasion, my Husband got a personal cellular telephone and he did not tell me. 6. Also during this period of time, in 2008, my Husband became very secretive and was coming and going without telling me where he was. My Husband would frequently be away overnight and not tell me where he was. In approximately July 2008, my Husband was supposed to be helping his sister and brother-in-law at his sister's home in Mechanicsburg. They were remodeling the family room. My Husband would leave our house on Saturday morning and not come back until Sunday evening. My Husband would not return my calls, and would not tell me where he was. During this period of time, my Husband frequently took calls on his cellular phone and went outside to talk to whomever had called him. Also during this period of time, mid-2008, my Husband would shut down his computer whenever I came into the room. There was no communication between us and my Husband claimed that he was unhappy and that something was missing from our marriage. My Husband was frequently away from the home overnight, and I was certain that he was having an affair. For the last few months prior to our separation in December of 2008, my Husband would come home from work on a Thursday night, take a shower and leave until MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Saturday or Sunday. Sometimes on the weekends he would come home to take a shower on Saturday and leave again. 11. In November of 2008, my brother moved into a new home and we helped him move. Later we were hanging out with my brother and having pizza and beer. I went over my Husband just to touch him and rub his back and he said, "get away from me". 12. I was very concerned because even though we had engaged in marriage counseling in early 2008, my Husband's behavior during that year severely changed. He became secretive and would come and go as he pleased without keeping me advised of his whereabouts. When I found the contact list with the women's numbers, I just knew that something was going on. Between my Husband's behavior, his partying and mentioning other women, and finding the same woman's telephone number in his cell phone, I could tell that he was engaged in an affair. 13. During this period time my Husband also didn't care about anything and his whole persona changed. He appeared to me to be irresponsible. My Husband was very evasive towards me and any concerns that I had or any efforts that I made to have some communication and some relationship with him were blown off. I asked my Husband about other women, but I could tell that he was lying to me. 4. During this period of time our sexual relationship was non-existent. 5. My Husband committed adultery during the term of our marriage in violation of our marriage vows. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Respectfully submitted, P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Defendant MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street VERIFICATION I, Diana Dauqhert , verify that the statements made in this Bill of Particulars are true and correct to the best of my knowledge, information and belief. I understand that fall statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 8/1/11 ( ) Plaintiff ( X) Defendant MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 JAMES E. DAUGHERTY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-7517 DIANA L. DAUGHERTY, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this ? _ day of August, 2011, that a copy of the foregoing Bill of Particulars was mailed, first-class, postage prepaid to: Nichole M. Staley O'Gorman, Esquire 1820 Linglestown Road Harrisburg, PA 17110 Laurie X Sz Attorney for MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Diana Daugherty Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW - IN DIVORCE James Daugherty NO. 08-7517 Defendant QUALIFIED DOMESTIC RELATIONS ORDER This Order relates to the provision of marital property rights to the Alternate Payee. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p) and §206(d) of the Employee Retirement Income Security Act of 1974 as amended ("ERISA"). The Court enters this QDRO pursuant to its authority under 23 P.C.S.A. §3502. 3. This QDhO applies to the I.B.E. vJ. Local No. 143 Annuity Fund ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. James Daugherty ("Participant") is a participant in the Plan. Diana Daugherty ("Alternate Payee"), the former spouse of the Participant, is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: James Daugherty 1429 Apple Drive Apt. rjq J Mechanicsburg, PA 17055 Social Security #: See Addendum Date of Birth: See Addendum t? 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are Diana Daugherty 2706 Banks Street Harrisburg, PA 17103 Social Security #: See Addendum Date of Birth: See Addendum The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is $68,635.00 of the Participant's vested account balance as of the date of distribution. The Alternate Payee's assigned benefit shall be paid entirely from the Participant's interest in the Core Bond Enhanced Index/PIM Fund. 8. The Plan shall distribute to the Alternate Payee her benefits (as designated in Paragraph 7 of this Order), as soon as administratively feasible following the Plan Administrator's approval of this Order and the Plan's receipt of the Alternate Payee's withdrawal forms to effectuate the distribution. 9. The distribution shall be made as a lump sum payment to the Alternate Payee. The Alternate Payee may direct a rollover to an Individual Retirement Account or another eligible retirement plan. 10. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 11. This QDRO does not require the Plan to provide increased benefits. 12. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 13. On and after the date that this Order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the right to name a beneficiary, to the extent permitted under the Plan. 14. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) day of receipt. 17. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 18. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 19. The Alternate Payee's right to the amount assigned to her under this QDRO shall not be affected by the Participant's death (whether before or after benefit payments to the Alternate Payee have commenced). In the event of the Alternate Payee's death prior to the commencement of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO as soon as practicable to any beneficiary designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate Payee's issue, in accordance with the terms of the Plan. The Fund shall not treat the Alternate Payee as the Participant's spouse for purposes of the Participant's joint and survivor annuity, or pre-retirement survivor annuity, resulting from the accrued benefit in which the Participant retains a separate interest. 20. The Plan shall treat this QDRO in accordance with Code §414(p)(7). As soon as administratively practicable after receipt of the proposed QDRO, while the Plan is determining whether this Order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee. 21. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 22. In the case of a conflict between the terms of this QDRO, and the terms of the Plan, the terms of the Plan shall prevail. 1 23. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. Accepted and ordered this day of BY THE COURT CONSENT TO ORDER: Plaintiff/Alternat ayee Date W?t At for D to Alternate Payee Judge f?l . S-l?1ey 'N iehole Ogwry an t ? i65 . Laurie A.? fiver, , hi C __ o ..., rn? =:M .c ?-a m X C) C) I Qr A . Cn ??