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Home My WebLink About01-1399 JONNIE A. LEAPHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W THOMAS NILES GOLLICK, SR., Defendant : NO. CNIL TERM 01 - I )99 : 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 judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff Y ou 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 Court House, High and Hanover Streets, Carlisle. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF PROPERTY, LA WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MA Y LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HA VE 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 A venue Carlisle, P A 17013 Phone: (717) 249-3166 JONNIE A. LEAPHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LA W : · /399 : NO.t"'- CIVIL TERM : IN DIVORCE THOMAS NILES GOLLICK, SR., Defendant COMPLAINT UNDER SECTION 3301(c)or 3301(d) OF THE DIVORCE CODE 1. Plaintiffis Jonnie A. Leaphart, who currently resides at P.O. Box 11, Mt. Holly Springs, Cumberland County, Pennsylvania, since 1999. 2. Defendant is Thomas Niles Gollock, Sr., who currently resides at 1809 Willow Road, Carlisle, Cumberland County, Pennsylvania, since 1990. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married in a Common Law Marriage on February 19, 1998. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. 155 South Hanover Street Carlisle. Pennsvlvania 17013 I . ~~O?Jll:nfl-eJl ::l!aNJ '~/{tce4 717.241.6070 · 800.734~490 · FAx: 717.241.6878 WWW.romingerlaw.com.law@romlngerlaw.com 1 North Main Street Chambersburg; Pennsylvania 17201 COUNT II: REOUEST FOR EOUIT ABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 (d) OF THE DOMESTIC RELATIONS CODE 1. The prior paragraphs of this Complaint are incorporated by reference. 2. Plaintiff and Defendant have acquired property, both real and personal, during their marrIage. 3 · Plaintiff and Defendant have been unable to agree to an equitable distribution of said property . WHEREFORE, Plaintiff respectfully requests the Court to enter an Order equitably distributing the parties marital property pursuant to Section 3502 (d) of the Divorce Code. I verify that the statements made in this Complaint 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: A Z~~~06/ .. By: ~ Karl E. Rominger, Esquire Attorney for Plaintiff 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 >- (1) g; ~ ~ ..... o 0' ~~g~; ~ ~5 ~~, ~ )""'l!'. S ~~.:: Lt- ':~~:: t,.L (~ ~ ?5~ 0< :x: ~ c:t (J ~ ~~ (,1) ("'-J ~~~ Z ~Z :"-UJ r-' ~ C\.. ~:-E ::;:~ ~:: ~ (..J CJ ~ ~ ~ .~ ~ iJ ..::;: ~'~ ~! ~~ ~ ~ .~ I ~ ~ ~8 G 8 ~ ~ "" ~lj ~~4 ~~ ~ ~"'C)' ~ ~ ............ ~ C') 1~ .1:.... ~.Q ~ c o~ 61- Xc c ~l ~cD Il):!j 1l)"'C .-c U co ~ s .... .... u ~ ~ ~ " "... .... .... G) " C) c ...6 -; c S S CD C LL--= J:: ~ . ~ en i:' 0 ; Ceo- C c ~. :El ~ S ! € 0; ~ Q Zo:s i ~ .c 'C ....i · & .c OJ: E ~.s C .... U.l: :; ~ ~,g r:: JONNIE A. LEAPHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ~ CIVIL ACTION - LA W THOMAS NILES GOLLICK, SR., Defendant : NO. 01-1399 CIVIL TERM : IN DIVORCE PETITION FOR SPECIAL RELIEF AND BIFURCATION AND NOW, comes Jonnie A. Leaphart, by and through her privately retained counsel, Karl E. Rominger, Esquire and seeks special relief under the Divorce Code and avers as follows: 1. Your Petitioner inadvertently became married to Respondent when she executed Affidavits of a common law marriage in order to place the Respondent on her health insurance. 2. On March 12, 2001, your Petitioner initiated an action in divorce. 3. The parties have not lived together for a period of approximately four (4) years. 4. There are no assets of great value which need to be divided amongst the parties, but there are outstanding issues as to debts, which a Master mayor may not have to assign. 5. The Pennsylvania Department of Transportation is renegotiating its' health insurance contracts, and your Petitioner may be forced to expend large sums of money to obtain health care coverage and those sums of money will increase substantially if Respondent remains on her health insurance. 6. There is no reason why Respondent need remain on Petitioner's health insurance, and has had the benefit of the same for many years without providing anything back to Petitioner. 7. Petitioner thus seeks either a bifurcation of the divorce so that the property issues for equitable distribution and the like may be handled later, while enabling her to provide proof of a divorce to the health insurer. 8. In the alternative, an Order of Court granting Petitioner the right to remove her husband from the health insurance may be acceptable for the insurer. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant her Petition for Special Relief and bifurcate her divorce so that she may avoid the additional cost of health care, and allow the parties to handle the equitable distribution issues subsequently. Respectfully submitted, ROMINGER & BAYLEY ;.~ J-----. - .. ....,.F. Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff Date: May 14, 2003 VERIFICATION 1 verify that 1 am the petitioner and that the statements made in the foregoing Petition are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C. S. ~ 4904, relating to unsworn falsification to authorities. Date: __'f J 'f )13 ".." ,"~', ( ) . -,: ~~/n;~ -A A~'{{~L (~\ Jonnle Leaphart JONNIE A. LEAPHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. THOMAS NILES GOLLICK, SR., Defendant : NO. 01-1399 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the Petition for Special Relief and Bifurcation upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Herschel Lock, Esquire 3107 N. Front Street Harrisburg, PA 171109-1310 ~ /~:~._-~ _.....~/ Karl E. Rominger, Esquire Attorney for Plaintiff Dated: May 14, 2003 -c: n (~: ~: f:=' - >-- '--"- C) c::. :.:~ (~~: r" ) ,,- ( ~) JONNIE A. LEAPHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. THOMAS NILES GOLLICK, SR., Defendant : NO. 01-1399 CIVIL TERM : IN DIVORCE ORDER OF COURT AND NOW, this ~ay of -1VI ," "1 ' 2003, a Rule to Show Cause is issued on the Respondent to show cause why the special relief requested by the Petitioner in her Petition for Special Relief should not be granted. Rule returnable within 2- () days of~~:~ ~flhis Order. ! / / . / /. {// ~ , ""/ J. Distribution: Karl E. Rominger, Esquire Herschel Lock, Esquire ~ ~ ~/{,-o_~ ~ V';>l\:'...\~)".S;\l ~\i:Jd l..: \;...... r.~. ,-, '.'!~::'-/\JriJ '.1 ; J · f. 1 0"...., -'. - 1 I ,.1, ". ~ "'.' ...~ .~ November 26, 2003 Karl v. Rominger, Esq. 155 S. Hanover Street Carlisle, PA 17013 RE: Leaphart v. Gollick divorce Dear Karl: Approximately five weeks have past since our in-chambers conference with Judge Oler. At that time, as a result of our understanding an Order of Court was entered which obligates your client to file in a timely fashion a praecipe for appointment of a Divorce Master. To date, that has not been done and I ask you to let me know status of it. The Court's Order reaffirms Ms. Leaphart's responsibility to keep her husband under the Commonwealth sponsored health insurance program she has available to her. Towards that end, I ask you for confirmation that he is covered under it and to send me copies of the cards he needs indicating his coverage. If there is any problem with my client's health insurance coverage or providing him cards, I ask you to let me know immediately. Thanking you for your prompt attention into these matters, I am Sincerely, Herschel Lock HL/cf cc: Thomas Gallick December l2, 2003 Karl v. Rominger, Esq. l55 s. Hanover street carlisle, PA l70l3 RE: Leaphart v. Gollick divorce Dear Karl: I wrote several weeks ago concerning the above matter to inquire the statuS of your client complying with the court'S Order by filing for a Master's hearing. To date, I have not heard back from yOU and I ask yOU to let me know as soon as possible if Ms. Leaphart will do so. AdditionallY, the court'S order reaffirmed that Ms. Leaphart keep her husband insured on the health insurance program available to her through her employment with the commonwealth of pennsylvania and I asked YOU to provide me copies of the cards indicating such coverage. I have not yet received them. I prefer dealing with these matters informally instead of through the court and hope Ms. Leaphart'S cooperation will enable that to occur. Sincerely, Herschel Lock HLjcf cc: Thomas Gollick January 29, 2004 Karl v. Rominger, Esq. 155 S. Hanover street Carlisle, PA 17013 RE: Leaphart v. Gollick divorce Dear Karl: Enclosed herein please find a courtesy copy of the petition and Order I am filing in the above noted matter. Sincerely, Herschel Lock HL/cf Enclosure bc: Thomas Gallick RECEI\!t:U &~ FEB 4 20J3 LAW OFFICES - 155 SOUTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 N@romingerlaw .com NW .romi nger\aw .com TEL: i17 .241.6070 fAX: 717.241.6878 ARL E. ROMlNGER, ESQ. ~RK F . BAYLEY, ESQ. February 3., 2003 Herscl1e\ L.ock 3107 N. Front St. Harrisburg. PA 17110-1310 RE: LEAPHART v. GOLLICK DOCKET NO. 01-1399 Dear Attorney Lock: Enclosed please find a copy of a Motion for an Order Appointing a Master for the dispute between our clients. I note that there is a duty on both of us to work out a schedule of marital and non-nlartia\ assets. p\(:ase contact my office to schedule a time and date for you and I to conference and r~solve ho\v the schedule should be filled out. If I do not hear back from you in the next ten (10) days, 1 \\"i\l assume that your client is not planning on cooperating with preparing this matter for the Master, and 1 will prepare it unilaterally. Thank you for your time and attention. Sincerely 'I ;' /',:-, ,; /:.,' Karl E. Rominger, Esquire KER: Ijj Enclosure ce. Jonnie Leapl1art ADVOCACY - ADVICE - ANSWERS Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA JONNIE A. LEAPHART, v. : CIVIL ACTION - LAW THOMAS NILES GOLLICK, SR., Defendant : NO. 01 - 1399 CIVIL TERM : IN DIVORCE ORDER APPOINTING MASTER AND NOW, this day of , Karl E. Rominger, Esquire, is appointed Master with respect to the following claims: By the Court: J. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JONNIE A. LEAPHART, v. : CIVIL ACTION - LAW THOMAS NILES GOLLICK, SR., Defendant : NO. 01 - 1399 CIVIL TERM : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Jonnie A. Leaphart Plaintiff, moves the Court to appoint a Master with respect to the following claims: (x) Divorce (x) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pel1del1te Lite ( ) 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 his attorney, Hershel Lock, Esquire. 3. The statutory ground for divorce is a irretrievable breakdown of the marriage. 4. An agreement has been reached with respect to the following claims: (a) The action is contested with respect to the following claims: 5. The action involves/does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, ifany, relevant to the Motion: N/A Date: Karl E. Rominger, Esquire Attorney for Plaintiff ~ ... ~ ~ ~ ~~ .., ~ 7 .., ..,rJ1 .., _. ~ e:.O ~~ ~~ ~ ... a < ~ 0 S-:N (] ~ ~ > rL1 ..., ~ ;:0 II I I I I I I I r -1 2 Q = I ~ = .., _. ..... = - > fI.J rIJ ~ ...... - - r I. I < = - = ~ ~ > I~ 00 ~ I~ ~ J I - ~ -. ~ I = fI.J Q .., ~ = ~ I~ ., = = ~ ~ rIJ L I I I I I I I I I .J 2- o 2- ~ > :-c ~. 00 =- Q ., ..... 00 = a a = ~ Q ~ ..... =- ~ ..... ~ C'IJ ..... a. 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C ~ == c ..... ~ Q ~ Q ....... ~ =- ~ ~ 0 ~ 0- r ....... , r I , L r :c. ~ ~ Q: ~ == ~ ~ ....... =- = ..... ~ ... ..... ..... 0- ~ Q ~ ~ ., ~ e. 5. ('I.} c -0 -= Q .., ....... Q ~ ...... =- ~ ~ ..... = a. ~ > ;C ... ., ;> r- e ~ ~ .., ~ JONNIE A. LEAPHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW THOMAS NILES GOLLICK, SR. NO. 01-1399 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of October, 2003, upon consideration of Plaintiff's Petition for Special Relief and Bifurcation, and purusant to an agreement reached in chambers between Plaintiff's counsel, Karl E. Rominger, Esquire, and Defendant's counsel, Herschel Lock, Esquire, it is ordered and directed as follows: 1. It is agreed upon between the parties that the instant petition be withdrawn without prejudice to either party and be allowed to be refiled as circumstances or events dictate; 2. Plaintiff/Petitioner agrees to file timely a praecipe for appointment of Master; 3. Plaintiff/Petitioner and Defendant/Respondent agree to cooperate with timely filing the income and expense and inventory and appraisement forms necessary to move forward with a Divorce Master's hearing; and 4. Petitioner/Plaintiff agrees to reaffirm that Defendant/Respondent is still covered by her state-sponsored health insurance program and will continue \if ~ i't..~{\ l"S \f f,J3cl ,I'. ~ r<;,":';'-'. ,"" ". :~.,..!.~:~qV'Jr1J ; U' · U I tJ 11 '- ~ ..", ~f i, I ~ '~or (\11 I' lJ vt. ;.JJ:.-tJ.:'...:; '+',:, .;._....... ....~; :.~:{.LL :10 3J:j:~C;.. (]~J11j to be so covered until further Order of Court or direction of the Master. ~arl E. Rominger, Esquire For the Plaintiff/Petitioner ~erschel Lock, Esquire For the Defendant/Respondent wcy By the Court, J \l RKs /0-/4.$ JONNIE A. LEAPHART, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THOMAS NILES GOLLICK, JR., Defendant NO. 01-1399 CIVIL ACTION - LAW DEF'ENDANT I S ANSWER. TO PLAINTIFF I S PETITION FOR SPECIAL RELIEF attorney, Herschel Lock, Esquire, and files his Answer to AND NOW, comes Defendant THOMAS NILES GaLLICK, JR., by his Plaintiff's Petition for Special Relief as follows, to wit: 1. Denied and, by way of further answer, it is averred that Plaintiff, an adult individual claiming no intellectual incapacity or disability, knowingly and purposefully took actions necessary to create a common law marriage between her and Defendant. 2. Admitted and, by way of further answer, it is averred that her under Section 3301(c) or 3301(d) of the Divorce Code, but, Plaintiff's Divorce Complaint requested that a divorce be granted despite that and the passage of OVer two years since her separation from Defendant, she has failed to have her case Scheduled before the Divorce Master. even though Plaintiff requested in her Divorce Complaint that a 3. Admitted and, by way of further answer, it is averred that divorce be granted under either Section 3301(c) or 3301(d) of the Divorce Code and more than 2 years have passed since she and the Divorce Master. Defendant separated she has failed to have her case scheduled before 4. Admitted in part and denied in part. By way of further answer, while it is admitted that the parties are not people of substantial economic means, it is denied that they have no marital assets of value nor debts of significant amount to be equitably divided by the Divorce Master. s. After reasonable investigation Respondent is without knowledge as to the truth of the averments of Paragraph 5 as they relate to future events arising from contract negotiations between the Commonwealth of Pennsylvania and its employees' union and proof thereof is hereby demanded. By way of further answer though, it is averred that Defendant is presently covered by the health insurance plan provided Plaintiff through her employment with the Commonwealth and at no cost to Plaintiff. It is further averred that upon divorce Defendant will not be able to avail himself to such coverage without paying a significant sum therefore which would cause him great financial hardship. 6. Denied and, by way of further answer, it is averred that Defendant's present coverage under Plaintiff's health insurance plan greatly benefits him but, in no fashion, harms Plaintiff. 7. While it is admitted that Plaintiff seeks to bifurcate her divorce action, it is denied that doing so would presently benefit her in any fashion since Defendant's health insurance coverage costs her nothing and the economic count of her Divorce Complaint would still have to be dealt with after bifurcation. 8. While it is admitted that Plaintiff wishes Defendant to be removed from her health insurance, it is denied that there exists any factual, legal or equitable basis for doing so. NEW MATTER incorporated herein by reference thereto. 9. The averments of Paragraphs 1 through 8 hereof are over two years ago. 10. Plaintiff filed her Divorce Complaint against Defendant 11. Since that time, Plaintiff has failed to move the matter towards conclusion by scheduling it for a Divorce Master's hearing. 12. Defendant believes and avers that Plaintiff's present request to bifurcate the divorce count of her Complaint from its count for equitable distribution would not obviate the need for a Divorce Master's hearing and is merely a vindicative attempt by her to harm Defendant by denying him the present "no cost" health insurance coverage he presently enjoys as a result of his marriage to Defendant. for bifurcation s granted it would cause him great economic harm 13. Defendant believes and aVers that if Plaintiff's request without presently benefiting Plaintiff. Plaintiff her prayed for relief. WHEREFORE, Defendant prays your Honorable Court to deny DATED: fj/OJ I Respectfully SUbmitted: I ~~ey/rI( HERSCHEL LOCK, ESQUIRE Attorney for Defendant 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 VER!FICATION I verify that the statements made in the foregoing Answer are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 6i3i03 o c: s: -0 [.C rrt fr -. Z ..-- t75 ':~-:- ~i:. z- ~.: ~~ Z "':"'-:t -<. o w o -'~l , ~ 1"....,_ -..... -...!... -- ..-! ...!. ..~ ! (..J'~ rn ,. ...... .L u. ~ f'~ '\ -n '. (0) m ~,...J -t -I.~ ~i,J -< -0 r"..) .. -- ~ \0 JONNIE A. LEAPHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW THOMAS NILES GOLLICK, SR., Defendant NO. 01-1399 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of July, 2003, upon consideration of Plaintiff's Petition for Special Relief and Bifurcation, and of Defendant's Answer to Plaintiffs Petition for Special Relief, a hearing is scheduled for Monday, October 13, 2003, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ~arl E. Rominger, Esq. 155 South Hanover Street Carlisle, P A 17013 Attorney for Plaintiff ;~ ~erschel Lock, Esq. 3107 North Front Street Harrisburg, PA 17110-1310 Attorney for Defendant > ayvi,(l) O.~ ul KS 01-30.()3 :rc ViN\I^1^SN~~3d AJJ~r('~i:.~~: (~r-...:\r;;~j?~}\Jn~ :8 S :6 ~.~V 0 E .111f' 80 J U\'!"li....>, ,"",'..: I (' .I:,~,_'. :;l'-Ll':' .10 /\Uv. ~..'i '.Ow'1 l......~......;~j ~.:.. ~ 38i.-:l:{O-{J31 Lj JONNIE A. LEAPHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW THOMAS NILES GOLLICK, SR., Defendant NO. 01-1399 CIVIL TERM ORDER OF COURT AND NOW, this 1 st day of March, 2004, upon consideration of Defendant's Petition for Contempt, and of Plaintiffs Answer to Rule To Show Cause, a hearing is scheduled for Wednesday, May 19, 2004, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Herschel Lock, Esq. 3107 North Front Street Harrisburg, PA 17110-1310 Attorney for Defendant ~~.~ tJ.3- ();) - 0.., ~~ :rc ~,~ l\fc//\ -1 ;\S' f\S"'J:J d I\Lf\!i~C)~ (~I\r~.'rlJ.,}:tSV\Jn8 2 I : (; ~!'!d 2 - ~~!VtJ ~OOl Atr'.iJ~ (::\~C)! {l C~}3d 3~1.i 3J':1:~o-C13l:j J() .w\.... JONNIE A. LEAPHART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW THOMAS NILES GaLLICK, SR., Defendant NO. 01-1399 CIVIL TERM PETITION FOR CONTEMPT AND NOW, comes Defendant THOMAS NILES GaLLICK, SR., by his attorney, Herschel Lock, Esquire, and files his Petition for Contempt as follows, to wit: 1. Petitioner herein is Defendant in the above referenced divorce action. 2. On or about October 13, 2003, a hearing was scheduled before your Honorable Court to consider Plaintiff's Petition to have Defendant removed from her health insurance. 3. At the date and time of the scheduled hearing, Plaintiff in essence withdrew her Petition aforesaid and, by agreement of the parties, an Order of Court was entered which, inter alia, obligated Defendant to both file a Praecipe for Appointment of Master and to health insurance. confirm that Defendant was still covered by her employment sponsored (See Exhibit "A" attached hereto) 4. Since then Plaintiff has neither filed a Praecipe for Appointment of Master nor has she confirmed for Defendant that he is still covered by her health insurance despite Defendant's request that she do so. 5. Defendant believes and avers that Plaintiff's failure to act as above noted is in violation of your Honorable Court's Order aforesaid and, therefore, places her in contempt thereof. 6. Plaintiff believes and avers that Defendant's failure to act in accordance with your Honorable Court's Order of aforesaid is injurious to him. WHEREFORE Defendant requests that your Honorable Court to consider as follows: a) finding Plaintiff in Contempt of the October 13, 2003, Order; b) direct that Plaintiff immediately follow the dictates of said Order; c) direct Plaintiff provide Defendant with health insurance cards; d) pay Defendant's legal fees in bringing this Petition; and e) enter any other order deemed appropriate. DATED: 1-28-04 Respectfully Submitted: ~1~tZJ ~:I\ HERSCHEL LOCK, ESQUIRE Attorney for Defendant 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 JONNIE A. LEAPHART, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. THOMAS NILES GOLLICK, SR. NO. 01-1399 CIVIL TERM ORDER OF COllRT AND NOW, this 13th day of October, 2003, upon consideration of Plaintiff's Petition for Special Relief and Bifurcation, and purusant to an agreement reached in chambers between plaintiff's counsel, Karl E. Rominger, Esquire, and Defendant's counsel, Herschel Lock, Esquire, it is ordered and directed as follows: 1. It is agreed upon between the parties Lhat the instant petition be withdrawn without prejudice to either party and be allowed to be refiled as circumstances or events dictate; 2. Plaintiff/Petitioner agrees to file timely a praecipe for appointment of Master; 3. Plaintiff/Petitioner and Defendant/Respondent agree to cooperate with timely filing the income and expense and inventory and appraisement forms necessary to move forward with a Divorce Master's hearing; and 4. Petitioner/Plaintiff agrees to reaffirm that Defendant/Respondent is still covered by her state-sponsored health insurance program and will continue EXHIBIT "A" to be so covered until further Order of Court or direction of the Master. Karl E. Rominger, Esquire For the Plaintiff/Petitioner Herschel Lock, Esquire For the Defendant/Respondent wcy By the Court, VERIFICATION I verify that the statemen~s made in the foregoing Petition are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 1-28-04 Q c__ ~:? ~~~ ;~!~ ~: ~:~ ~;~ L- :.2 .... ~ c::::>> ~ ~ ~~ ~~ bo '-'m ~ ?fj ~ C- :P- :z: w o -0 3: N .. s;- eN o ~r ' ?On4 JONNIE A. LEAPHART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW THOMAS NILES GOLLICK, SR., Defendant NO. 01-1399 CIVIL TERM AND NOW, this ,It ORDER f...~ . day of .Ju.LJ.,".L(;";~Y, 2004, upon review of the within Petition IT IS HEREBY ORDERED AND DECREED that Plaintiff show cause, if any she has, why the relief requested herein by Defendant should not be granted. Rule returnable within 10 days of service. BY THE COURT: J. .... F1LEO-o:t:F1CE OF THE PROTl-!O~.~OTt\RY 200~ fEB I 0 Al1 9: 21 CUt~ .~ }::, :~>-.r,: ~.:." -. it.~; ("\/"I~ ~~\ rT\( ;j;.,...,-: '''''~ " '1.....'_. oJ ;",,/1 ~ I PE.r.,; t<s...~t v:;t<1J\ c{:-f ~f. ~ ~ .~ ~r jJ ~ .f: 2.~ (; Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JONNIE A. LEAPHART, v. CIVIL ACTION - LAW THOMAS NILES GOLLICK, SR., Defendant : NO. 01 - 1399 CIVIL TERM : IN DIVORCE ORDER OF COURT AND NOW, this _ day of , 2004, going upon the review of the Petition of Defendant for Contempt, and Plaintiffs Answer thereto, Defendant's Petition for Contempt is denied. By the Court: J. Distribution: Karl E. Rominger, Esquire l-Ierschel Lock, Esquire Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JONNIE A. LEAPHART, v. CIVIL ACTION - LAW THOMAS NILES GOLLICK, SR., Defendant : NO. 01 - 1399 CIVIL TERM : IN DIVORCE PLAINTIFF'S ANSWER TO RULE TO SHOW CAUSE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. By way of further answer, Defendant has continued to use the health insurance, and has in fact used the health insurance in approximately the last thirty (30) to forty-five (45) days. Therefore, Defendant knows he is still covered by her health insurance. Further, Local Rule requires that the Praecipe for an Appointment for Master include a joint statement of matters and property, this has not been completed by either party and therefore, both are equally to blame. Further, it appears that the only outstanding property issues are actually debt issues which are being raised by Defendant. 5. Is a conclusion of law and requires no answer. By way of further answer, Plaintiff has substantially complied with the Order of Court, Defendant knows he has insurance, and Defendant and Plaintiffs counsel must submit the joint statement before a Praecipe is possible. 6. Denied and strict proof of the same is demanded. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's Petition or in the alternative enter an Order directing Plaintiffs counsel and defense counsel to meet and complete the joint statement required for a Praecipe to List for the Master to be filed. Respectfully submitted, ROMINGER, BAYLEY & WHARE . arl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff Date: February 20, 2004 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JONNIE A. LEAPHART, v. CIVIL ACTION - LA W THOMAS NILES GOLLICK, SR., Defendant : NO. 01 - 1399 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the PlaintifFs Answer to Rule to Show Cause upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Herschel Lock 3107 N. Front Street Harrisburg, P A 17110-1310 ......... ...................."'r~.........._....I.... ..... . .arl E. Rominger, Esquire Attorney for Plaintiff Dated: February 20, 2004 (") r--... ., c) c_~ ~.~~; ~ -n ..;... ~, :.-;1 I"' .- ro"1 rii -n ~.:, r::,;;: ~~."~ .-;--1 ~ f'..) Y 0 ..~. -; r:.~:'~: ::.:~ (') : ~T:: -T, -r.J ~:~~ :IJ ; (-) ", .. , ; r-n "::- ('. ~, .._-) --.., ::-.1 -:,:-.. 0 ~~J -~ Ul .....(": - JONNIE A. LEAPHART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW THOMAS NILES GOLLICK, SR. Defendant 01-1399 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of May, 2004, upon consideration and agreement of the parties, Plaintiff is adjudicated as being in contempt of the Court's October 13th, 2003, Order entered herein and the sentence of the Court is that the Plaintiff serve 48 hours of incarceration in the Cumberland County Prison. However, commitment of sentence is deferred, and conditions of purge are as follows: 1. Plaintiff will file with the Prothonotary within 3 days of the date hereof, her precipe for appointment of Divorce Master. 2. Defendant shall file with the Prothonotary within 15 days of the date hereof, his Income and Expense and his Inventory and Appraisement forms. 3. Plaintiff shall, within 15 days of the Defendant's filings of the aforesaid statements by Defendant, file her Income and Expense and Inventory and Expense statements with the Prothonotary. 4. Within 15 days of the date hereof, Plaintiff shall pay legal fees in the amount of $350.00 to Defendant's counsel. 5. Within 30 days of the date hereof, Plaintiff shall provide Defendant with written reaffirmation of his continued coverage by her health insurance coverage provided by her employer. # AlNr3Yt:!X7~~.~'?;~~1vr:o I ':' : 1/ t.. r fl .... {, I, ~ 11 5' A (iU MOl MJ\fj.G\/Ol-ilOi:/d 3(11 :fa 3JU:!O-031l::1 By the Court, ~arl E. Rominger, Esquire For the Plaintiff/Respondent :mae ~erschel Lock, Esquire For the Defendant/Petitioner JONNIE A. LEAPHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ~ CIVIL ACTION - LA W THOMAS NILES GOLLICK, SR., Defendant : NO. 01 - 1399 CIVIL TERM : IN DIVORCE ORDER APPOINTING MASTER AND NOW, this ,1 'I Pt- day of At I--- ' 2004, <: tC 6kr~uire, is appointed Master with respect to the following claims: Distribution of property and counsel fees. By the Court: Distribution: ~arl E. Rominger, Esquire ~rshel Lock, Esquire ~ b-O~ O.5.7v VIr" r"I " ~ (\i\ l' '.-' I V, \~ -./1 \ 1/\''';; -J t \i ::'Ie., U~ 'nr"l ,"i.o, ~.l-"~ !'-'''if!\fna I I \ ~ . u - ~ I ',.; ~.. :; . 0>; .'1-'" I !f 'i J. ", .0. · . .... . . ~ .... '.~.. . f f Z :8 Wd ~2 ).\1101 ~aDl J\tJilO;\JOHlOod' 3}tl :10 30fj;O--<J31l:1 JONNIE A. LEAPHART, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA v. : CIVIL ACTION - LAW THOMAS NILES GOLLICK, SR., Defendant : NO. 01 - 1399 CIVIL TERM : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Jonnie A. Leaphart Plaintiff, moves the Court to appoint a Master with respect to the following claims: (x ) Divorce (x) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony (x) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the Motion states: I. 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 his attorney, Hershel Lock, Esquire. 3. The statutory ground for divorce is a irretrievable breakdown of the marriage. 4. The action is contested with respect to the following claims: Distribution of property and counsel fees. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the Motion: N/A Date: May 24, 2004 Respectfully submitted, ROMINGER, BAYLEY & WHARE /~ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff C> ~ ~.;. -r, fiJ nl r;,oJ 2:.::r i ~~ :::l -< ,....", c:;::) ~ o "'1 -I :r: rll~ -nm :09 S?, c) -.c -or I c::> :u -~... ~.) 8m ::;.-: "* '-'-~ .. "'... :x :0- -< N .::- --c,1 ~ 1'''' \.D INCOME AND EXPENSE STATEMENT OF THOMAS NILES GOLLICK, JR. INCOME Employer: US Dept. of Defense Address: DDSP-DLA, New CUmberland, PA Type of Work: Warehouse Payroll Number: 187-44-8632 Pay Period (weekly, bi-weekly, etc.): Bi-weekly Cl- 1~?9 C~~( Co- l ~l. Gross Pay per Pay Period: $1,152.90 Itemized Payroll Deductions: Federal Withholding Social Security Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Other (specify) Union TSP Savings Medicare FEGLI FEGLI Optional QASDI Debt Routine Net Pay per Pay Period 138.73 18.44 35.40 8.35 11.00 104.40 16.71 4.52 12.60 71.48 18.18 $713.13 Other Income: Interest Week Month Year (Fill in A~DroDriate Columnt $ Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compo Workmen's Comp. Total $ TOTAL INCOME $713.13 Home Mortgage/rent Maintenance Utilities Electric Gas Oil Telephone Water Sewer Other Employment Public transportation Lunch Taxes Real Estate Personal property Income Insurance Homeowners Automobile Life EXPENSES Weekly Monthly Yearly (Fill in Aooropriate Columnt $590.00 100.00 35.00 50.00 26.00 100.00 63.00 36.00 Accident Weekly Monthly Yearly (Fill in AooroOriate Colum~ Health Other Automobile Payments Fuel 450.00 Repairs 130.00 Medical Doctor Dentist 10.00 Orthodontist 20.00 HoSpital Medicine Special needs (glasses, braces, orthopedic devices) 30.00 Education Private school Parochial school College Religious Personal Clothing Food Barber/hairdresser Credit payments Credit card Charge account Memberships Loans Credit Union Miscellaneous Household help Child care Papers/books/magazines Entertainment Pay TV Vacation Gifts Legal fees Charitable contributions Other child support Alimony payments Other TOTAL EXPENSES Weekly Monthly Yearly (Fill in Approoriate Column} PROPERTY OWNED Ownership* Description Value H !Y ;[ Checking account Commerce Bank $60.00 X Savings accounts Commerce Bank $10.00 X Credit Union StockS/bonds Real estate 1809 Willow Rd. $78,000 X CarliSle, PA Other IRA - Charles $30,000 X Schwab TOTAL $108,070 * H = Husband, W = Wife, J = Joint LIABILITIES OF PARTIES ( X ) Plaintiff ( ) Defendant marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages. Secured X 1. Mortgages 2. JUdgments 3. Liens 4. Other secured liabilities Contingent or Deferred 10. Contracts or Agreements 11. Promissory Notes 12. Lawsuits 13. Options 14. Taxes 15. Other contingent or deferred liabilities ASSETS OF PARTIES ( X ) Plaintiff ( ) Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. X 1. Real property X 2. Motor vehicles 3. Stocks, bonds, securities, and options 4. Certificates of deposit X 5. Checking accounts, cash X 6. Savings accounts, money market and savings certificates 7. Contents of safe deposit boxes 8. Trusts 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) 10. Annuities 11. Gifts 12. Inheritances 13. Patents, copyrights, inventions, royalties 14. Personal property outside the home 15. Businesses (list all owners, including percentage of ownership, and Officer/director positions held by a party with company) 16. Employment termination benefits - severance pay, worker's compensation Claim/award 17. Profit sharing plans 18. Pension plans (indicate employee contribution and date plan vests) X 19. Retirement plans, individual retirement accounts X 20. Disability payments 21. Litigation claims (matured and unmatured) 22. MilitarY/V.A. benefits 23. Education benefits X 24. Debts due, including loans, mortgages held 25. Household furnishings and personalty (include as a total category and attached itemized list of distribution of such assets is in dispute 26. Other MARITAL PROPERTY: (X) Plaintiff ( ) Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as to the date this action was commenced. ITEM NO. 1 DESCRIPTION: 1809 Willow Rd. Carlisle VALUE: $75,000 DATE OF VALUATION: 1997 durinq time of marriage & prior to separation NON-MARITAL PORTION: All except for any increaser in value AMOUNT/NATURE OF ANY LIEN: 3 mortqages (see liabilities) ITEM NO. 5/6 DESCRIPTION: Commerce Bank - checkingLsavings VALUE: Minimal DATE OF VALUATION: Time of separation NON-MARITAL PORTION: None AMOUNT/NATURE OF ANY LIEN: None ITEM NO. 19 DESCRIPTION: Husband's retirement-Calabrese & Sons _VALUE: Unk. DATE OF VALUATION: NON-MARITAL PORTION: All exce~t for any increase in value during marriaqe & ~rior to seoaration AMOUNT /NATURE OF ANY LIEN: None ITEM NO. 20 DESCRIPTION: Wife's Workers Comp Settlement VALUE: $25-30,000 DATE OF VALUATION: When received during marriaqe & prior to separation NON-MARITAL PORTION: -0- AIvfOUNT/NATURE OF ANY LIEN: None TOTAL VALUE OF PROPERTY IN HUSBAND I S POSSESSION: NON-MARITAL PROPERTY: (X) Plaintiff ( ) Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. ITEM NO. 2 DESCRIPTION: 1985 Ford Blazer VALUE: $600 DATE OF VALUATION: 11/03 REASON FOR EXCLUSION: Owned prior to marriaqe AMOUNT/NATURE OF ANY LIEN: -0- ITEM NO. DESCRIPTION: VALUE: DATE OF VALUATION: REASON FOR EXCLUSION: AMOUNT /NATURE OF ANY LIEN: ITEM NO. DESCRIPTION: VALUE: DATE OF VALUATION: REASON FOR EXCLUSION: AMOUNT /NATURE OF ANY LIEN: ITEM NO. DESCRIPTION: VALUE: DATE OF VALUATION: REASON FOR EXCLUSION: AMOUNT /NATURE OF ANY LIEN: PROPERTY TRANSFERRED: (X) Plaintiff ( ) Defendant lists all property in which either or both spouses had a legal or equitable interest individually or with any other person and which has been transferred within the preceding three years. ITEM NO. 2 DESCRIPTION: 1987 Chevrolet NAME OF OWNER: Husband DATE OF TRANSFER: 11/03 CONSIDERATION: $800 PERSON TO WHOM TRANSFERRED: Trade in ITEM NO. DESCRIPTION: NAME OF OWNER: DATE OF TRANSFER: CONSIDERATION: PERSON TO WHOM TRANSFERRED: ITEM NO. DESCRIPTION: NAME OF OWNER: DATE OF TRANSFER: CONSIDERATION: PERSON TO WHOM TRANSFERRED: ITEM NO. DESCRIPTION: ~IAME OF OWNER: DATE OF TRANSFER: CONSIDERATION: PERSON TO WHOM TRANSFERRED: LIABILITIES: (X) Plaintiff ( ) Defendant lists all liabilities of either or both spouses alone or with any person as of the date of separation. ITEM NO. 1 DESCRIPTION: Mortgaqe - Bank of America AMOUNT OF DEBT PRESENTLY: $44,187.34 AMOUNT OF DEBT AT SEPARATION: DATE DEBT INCURRED, INITIAL AMOUNT OF INDEBTEDNESS AND PURPOSES OF DEBT: $54,000 - 1991 AMOUNT PAID BY DEBTOR SINCE DATE OF SEPARATION: $590 per Month ITEM NO. 1 DESCRIPTION: Mortqaqe - Conseco (Greentree) AMOUNT OF DEBT PRESENTLY: $15.500 AMOUNT OF DEBT AT SEPARATION: $17.500 DATE DEBT INCURRED, INITIAL AMOUNT OF INDEBTEDNESS AND PURPOSES OF DEBT: $18,100 - 1997 AMOu~T PAID BY DEBTOR SINCE DATE OF SEPARATION: $226 per Month ITEM NO. 7 DESCRIPTION: Household Realtv Corp. AMOUNT OF DEBT PRESENTLY: $15.000 ao?rox. AMOUNT OF DEBT AT SEPARATION: $10,000 aoprox. DATE DEBT INCURRED, INITIAL AMOUNT OF INDEBTEDNESS AND PURPOSES OF DEBT: $10,000 borrowed to payoff wife's credit cards. Loan in wife's name but secured by Husband's home. Wife filed for bankruptcy and debt was. in essence. transferred solely to Husband. AMOUNT PAID BY DEBTOR SINCE DATE OF SEPARATION: -0- I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. Sec. 4904 related to unsworn falsification to authorities. I verify that I have reviewed this form with my client and to the best of my knowledge the answers herein are true and correct. ~JJ Jrll HERSCHEL LOCK, ESQUIRE Attorney for Defendant JONNIE A. LEAPHART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-1399 THOMAS NILES GOLLICK, JR., Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Herschel Lock, Esquire, do hereby certify that on this 2nd day of June 2004, I served a copy of the Income and Expense Statement and Inventory and Appraisement by depositing same in the United States Post Office, certified mail, return receipt requested, at Harrisburg, Pennsylvania, as follows: Karl V. Rominger, Esq. 155 S. 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V) V) I-l C.H C'\ '-J = = = <= = = V) '-J Ut = = V) V) ~ ~ = ~ = Ut <= <= = = V) QC Ut <= = V) I-l = = = = ~ ~ 0 trj ~ ~ > ~ ~ 00 ~ ~ ~ n trj ~ trj 0 > ~ trj ~ ~ ~ z n ~ ~ ~ ~ ~ ~ ~ > n ~ 0 z ~ 00 00 ~ z ~ ~ ~ z ~ ~ 00 00 ~ ~ ~ ~ ~ ~ ~ ~ ~ 00 ~ > ~ ~ 0 ~ 00 z ~ ~ '-" == ~ ~ ~ ~ ~ ~ ~ tit ~ ~ -= tit = tit = ......J = = = = tit = = = = = = = VERIFICATION I verifY that I am the petitioner and that the statements made in the foregoing Petition 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. Dat~#~V .. .,~ (', I ~F , '\~\;~~~~eatL ~~'-('jt~\O]tl -.... '>- t!~ ~~ t~~ ~) t~) @f~ LC ~_f ~ u- o ('oJ ...:t ,- ~:.:; If . ("'"J ~..;? .r~ l ..: - ~ _ ..~~ p4....- . ..." ~:: -~"~"~_i Li- ro -. ". :; (-" - c;. .,..':, :;.;..) . J .... ~ ......... ..... c-, C-: ::J C'...., ~~-: C) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JONNIE A. LEAPHART, Plaintiff Civil Action -- Law v. Docket No. 01-1399 CIVIL TERM THOMAS NILES GOLLlCK SR., Defendant PLAINTIFF'S PETITION FOR BIFURCATION TO TIIE HONORABLE, TIIE JUDGES OF SAID COURT: AND NOW comes Plaintiff, JONNIE LEAPHART, by and through her attorney Karl E. Rominger, Esquire avers the following: 1. Plaintiff JONNIE LEAPHART is an adult individual who resides at P.O, Box 345 Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant mOMAS GOLLlCK SR. is an adult individual who resides at 1809 Willow Street, Carlisle, Cumberland County, Pennsylvania 17013, 3, On March 12,2001, your Petitioner initiated an action for divorce, 4, The parties have not lived together for approximately (6) six years. 5, The Petitioner's employer is renegotiating its health insurance and Petitioner may be forced to expand large sums of money to obtain health (:are coverage, and those sums of money will increase substantially if Respondent remains on her health insurance, 6, There is no reason why Respondent need remain on Petitioner's health insurance, and has had benefit of the same for many years, 7. Plaintiff wishes to remarry, 8, Bifurcation will not prejudice the rights of either party, WHEREFORE, Petitioner respectfully requests that this Honorable Court issue a Rule upon Husband to show cause why a bifurcated Decre<~ in Divorce should not be entered with the following provisions: (a) All economic issues or other marital claims shall be preserved; (b) The Dead Man's Rule and the provisions of the Dead Man's Statute shall be waived in the event of the death of either party hereto prior to final resolution of all economic issues of other marital claims; and (c) Until final resolution of all the economic issues or other marital claims, the parties hereto are hereby enjoined from alienating, assigninr>> concealing, conveying, dissipating, encumbering, pledging, secreting, transferring or otherwise disposing of any marital property, Respectfully Submitted, ROMINGER ,BAYLEY & WHARE ? - Date: J 0 - Ii -D 5 Karl E, Rominger, Esquire 1 SS South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Supreme Court ill # 81924 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JONNIE A. LEAPHART, Plaintiff Civil Action .- Law v. Docket No. 01-1399 CIVIL TERM THOMAS NILES GOLLICK SR., Defendant VERIFICATION I verify that the statements made in this Petition for Bifurcation are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. S4904, relating to unsworn falsification to authorities. Date:~5 ,~ce6~f- J6mPe Leaphart, PI~ntiff ( ./ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JONNIE A. LEAPHART, Plaintiff Civil Action - Law v. Docket No. 01-1399 CIVIL TERM THOMAS NILES GOLLlCK SR., Defendant CERTIFICATE OF SERVIC~ I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Plaintiff's Petition for Bifurcation upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Herschel Lock 3107 N. Front Street Harrisburg, PA 17110-1310 Dated: Ii)? /trll S ~ ~- Karl E. Rominger, Esquire Attorney for Plaintiff (") c~ ,...> C;:::l' c~ :c..f1 c> r> --' I 0' .,',. j"-- , (~: ::< -n ::'1~ o --n 1.--n ;Jf,,'], ~-.-.,,, "/; ;.- (1 i:'~fA ~- )\ ''',. <1.) :.<. '-:? r..r - JONNIE A. LEAPHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW THOMAS NILES GOLLICK, SR., Defendant NO. 01-1399 CIVIL TERM ORDER OF COURT AND NOW, this lih day of October, 2005, upon consideration of Plaintiffs Petition for Bifurcation, a hearing is scheduled for Wednesday, February 8, 2005, at 9:30 a.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, .A6rl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff ~rschel Lock, Esq. 3107 North Front Street Harrisburg, P A 17110-1310 Attorney for Defendant --l IJ- -05 \O-\J :rc ,!n8 '1 Z :[) I,P;! S I DO SOOZ .J..Hvi.O;-,!\'~,< 3H1 dO :OU:,';:)-{i:r(!~1 JONNIE A. LEAPHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW THOMAS NILES GOLLICK, SR., Defendant NO. 01-1399 CIVIL TERM AMENDED ORDER OF COURT AND NOW, this 17th day of October, 2005, the prior order of court in this matter dated October 12, 2005, is hereby amended to reflect the date of the hearing scheduled on Plaintiff's Petition for Bifurcation to be Wednesday, February 8, 2006, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J. J ,.,Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, P A 17013 Attorney for Plaintiff )1erschel Lock, Esq. 3107 North Front Street Harrisburg, P A 17110-1310 Attorney for Defendant --1 :rc (' t, ,J ~j ~ -t.. 1.1 souz .::1(\ - JONNIE A. LEAPHART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-1399 THOMAS NILES GaLLICK, JR., Defendant CIVIL ACTION - LAW DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR BIFURCATION WITH NEW MATTER AND NOW, comes Defendant THOMAS NILES GaLLICK, JR., by his attorney, Herschel Lock, Esquire, and files his Answer to Plaintiff's Petition for Bifurcation follows, to wit: 1. Admitted. 2_ Admitted. 3. Admitted. 4. Admitted. 5. After reasonable investigation, Defendant is without knowledge as to the truth of the averments and proof thereof is hereby demanded. By way of further answer though, Defendant avers that he has been and continues to be covered by Plaintiff's health insurance plan provided through her employment with the Commonwealth of Pennsylvania at no cost to either him or her. 6. Denied and, by way of further answer, it is averred that being covered free of charge by Plaintiff's employment provided health insurance plan so long as he is married to Plaintiff is of a significant monetary benefit to Defendant while, at the same time, has no adverse monetary impact on Plaintiff. 7. After reasonable investigation, Defendant is without knowledge as to the truth of the averments and proof thereof is hereby demanded. . 8. Denied and, by way of further answer, it is averred that after a divorce is granted Defendant will not be allowed to be covered at no cost by Plaintiff's health insurance plan provided through her employment with the Commonwealth of Pennsylvania. NEW MATTER 9. The answers and averments of Paragraphs 1 through 8 hereof are incorporated herein by reference thereto. 10. On or about May 14, 2003 Plaintiff filed a petition for Special Relief and Bifurcation of the instance divorce action. 11_ On or about June 5, 2003, Respondent filed his Answer to Petitioner's Petition for Special Relief and, in it, averred that a bifurcation of this divorce action would harm him inasmuch as it would cause him to no longer be able to be covered at no cost by Petitioner's health insurance plan provided through her employment with the Commonwealth of Pennsylvania. 12. Petitioner's aforesaid Bifurcation Petition was denied. 13. Defendant believes and avers that Plaintiff's instant petition for Bifurcation has already, in essence, been considered and rejected by your Honorable Court. WHEREFORE, Respondent prays your Honorable Court to deny Petitioner her prayed for relief. DATED: 10-28-05 ~;:21 'ubmmed, HERSCHEL LOCK, ESQUIRE Attorney for Defendant 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 . VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements made herein are subject to the penalties of 18 Fa. C.S_ Section 4904 relating to unsworn falsification to authorities. DATED: 10-28-05 SR.. -~, \ c~:;, .,> i.:~} r: o c::;, r-" "'" ~ ~ .-I c.,) /_"': C t--7CJ y~~ ::::-\ .-<. ,-------------- - o "'r1 .-l ::t:...,-, t'11r -01-<1 :nQ \i\~). (~~ ~;.:~ ('5.,..-1 ~ _:0 ~ --0 ~ <.!? 1'0> - - JONNIE A. LEAPHART, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW THOMAS NILES GOLLICK, SR. Defendant 01-1399 CIVIL TERM IN RE: PETITION FOR BIFURCATION ORDER OF COURT AND NOW, this 8th day of February, 2006, upon consideration of Plaintiff's Petition for Bifurcation, and following a hearing held on this date, the record is declared closed, and the matter is taken under advisement. By the Court, Karl E. Rominger, Esquire 155 S. Hanover Street Carlisle, PA 17013-3455 For the Plaintiff ).q tiP /Y .....u. u. W-j .4-1-"J;L{.I..,~.-l. Jt" Herschel Lock, Esquire 3107 N. Front Street Harrisburg, PA 17110-1343 For the Defendant :mae ,'- eil h21 F-': ,~:':J ~j L.:_ u_ () J_; JONNIE A. LEAPHART, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION ~ LAW THOMAS NILES GOLLICK, SR. Defendant NO. 01-1399 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR BIFURCATION BEFORE OLER, J. ORDER OF COURT AND NOW, this 20th day of February, 2006, upon consideration of Plaintiff's Petition for Bifurcation, and following a hearing held on February 8, 2006, the petition is denied. BY THE COURT, Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, P A 17013 Attorney for Plaintiff /?4. Herschel Lock, Esq. 3107 North Front Street Harrisburg, P A 1711 0-1310 Attorney for Defendant )-}~--00 (!~ ~ J1-JS remains on her health insurance,,,16 that "Plaintiff wishes to remarry,,,I? and that "[b )ifurcation will not prejudice the rights of either party.,,\8 Defendant filed an answer in opposition to the petition on October 31,2005. \9 At a hearing held by the court on Plaintiffs petition, the evidence tended to show that (a) Plaintiff has medical problems in the form of dry eyes and neck and back problems, (b) Plaintiff mayor may not have cancer, (c) medical insurance coverage is provided free of charge through Plaintiffs employer to PlaintitT and Defendant, (d) at some point in the future this insurance coverage may not continue to be free, (e) Plaintiff would like to remarry, (1) Defendant suffers from diabetes for which he takes Glucovance and Actos, (g) Defendant also suffers from a condition for which he takes Wellbutrin, and (h) the loss of insurance coverage provided by Plaintiffs employer would be a financial hardship for Defendant20 DISCUSSION Under Section 3323(c.l) of the Domestic Relations Code, "the court may enter a decree of divorce or annulment prior to the final determination and disposition of [economic claims) if, , , the movmg party has demonstrated. . , compelling circumstances exist for the entry of the decree of divorce or annulment, . . and sufficient economic protections have been provided for the other party during the pendency of the disposition of [economic claims ],,,21 "[B)ifurcation should not be made pro-forma." Frank & Gale, Pennsylvania Family Practice Manual 96.06, at 192 (1990). 16 Plaintiff's Petition for Bifurcation. ~ 5, flied October 6,2005 (emphasis added), 17 Plaintiff's Petition for Bifurcation, ~ 7, filed October 6, 2005, 18 Plaintiff's Petition for Bifurcation, ~ 8, filed October 6, 2005, " Defendant's Answer to Plaintiff's Petition for Bifurcation with New Matter, filed October 31, 2005, 20 N.T, _-__ Hearing, February 8, 2006, 21 Act of December 19, 1990, P,L. 1240, {/2, as amended, 23 Pa, C,S, 93323(c,l) (emphasis added), 3 Rather, such a determination should be made only after the disadvantages and the advantages have been carefully explored and analyzed, Each case must be reviewed on its own facts and only following the court's determination that the consequences of bifurcating the case will be of greater benefit than not bifurcating, should it grant the petition. Walk v, Walk. 318 Pa. Super. 311, 317-18, 464 A.2d 1359, 1362 (1983). In the present case, where the economic issue between the parties involves only a division of debt, where Plaintiff could have long since secured a resolution of the case through the master's process and thus "gotten on with her life," where a bifurcation would cause a financial hardship to Defendant through the loss of insurance coverage, where any loss to Plaintiff through provision of continued coverage is entirely hypothetical at this time, and where Plaintiff's medical condition in terms of cancer is also hypothetical and Defendant's medical condition in the form of diabetes is not hypothetical, the court is unable to conclude (a) that sufficient economic protections will be provided to Defendant should bifurcation be ordered, (b) that the consequences of bifurcating the case will be of greater benefit than not bifurcating, or (c) that "compelling circumstances" exist for entry of a divorce decree at this time, For these reasons, the following order will be entered: ORDER OF COURT AND NOW, this 20th day of February, 2006, upon consideration of Plaintiff's Petition for Bifurcation, and following a hearing held on February 8, 2006, the petition is denied. .. BY THE COURT, sl 1. Weslev 0 ler, Jr. J. Wesley Oler, Jr., J. 4 Karl E, Rominger, Esq. 155 South Hanover Street Carlisle, P A 17013 Attorney for Plaintiff Herschel Lock, Esq. 3107 North Front Street Harrisburg, P A 1711 0-1310 Attorney for Defendant 5