HomeMy WebLinkAbout02-0071
II
LINDA R. McNELLY,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. O~- if
JEFFREY A. McNELLY,
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 foregoing pages, you must take prompt action. You are warned that if you fail to do
so, the case may proceed without you and a decree in divorce or annulment may be
entered against you by the court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available
in the Office of the Prothonotary at:
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
"
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LINDA R. McNELLY,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO.
JEFFREY A. McNELLY,
Defendant
IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a divorce proceeding filed
in the Court of Common Pleas of Cumberland County. This notice is to advise you that
in accordance with Section 3302 (d) of the Divorce Code, you may request that the court
require you and your spouse to attend marriage counseling prior to a divorce being handed
down by the court. A list of professional marriage counselors is available at the
Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are
advised that this list is kept as a convenience to you and you are not bound to choose a
counselor from this list. All necessary arrangements and the cost of counseling sessions
are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling
within twenty days of the date on which you receive this notice. Failure to do so will
constitute a waiver of your right to request counseling.
II
I'
LINDA R. McNELLY,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. O~-7/
JEFFREY A. McNELLY,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes the above-named Plaintiff, LINDA R. McNELLY, by her attorney,
Samuel L. Andes, and makes the following Complaint in Divorce:
1. The Plaintiff is LINDA R. McNELLY, an adult individual who currently resides at
102 Haldeman Avenue in New Cumberland, Cumberland County, Pennsylvania.
2. The Defendant is JEFFREY A. McNELLY, an adult individual who currently
resides at 102 Haldeman Avenue in New Cumberland, Cumberland County, Pennsylvania.
3. Both the Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for at least six months immediately previous to the filing
of this Complaint.
4. The Plaintiff and Defendant were married on 29 August 1981 in Harrisburg,
Dauphin County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised of the availability of marriage counseling and the
Plaintiff may have the right to request that the Court require the parties to participate in
counseling.
COUNT I - IRRETRIEVABLE BREAKDOWN
8. The Plaintiff requests this Court to enter a Decree in Divorce.
II
WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to
the Divorce Code of Pennsylvania.
COUNT II - EQUITABLE DISTRIBUTION
9. During the course of the marriage, the parties have acquired numerous items
of property, both real and personal, which are held in joint names and in the individual
names of each of the parties hereto.
WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by
the Defendant, to equitably divide the property, both real and personal, owned by the
parties hereto as martial property.
COUNT III - ALIMONY
10. Plaintiff lacks sufficient property to provide for her reasonable needs in
accordance with the standard of living of the parties established during the marriage.
11 . Plaintiff is unable to support herself in accordance with the standard of living
of the parties established during the marriage through appropriate employment.
12. The Defendant is employed and enjoys a substantial income from which he is
able to contribute to the support and maintenance of the Plaintiff and pay her alimony in
accordance with the Divorce Code of Pennsylvania.
WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding
Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate
to support and maintain Plaintiff in the station of life to which she has become
accustomed during the marriage.
COUNT IV - ALIMONY PENDENTE LITE
13. Plaintiff is without sufficient income to support and maintain herself during
the pendency of this action.
14. Defendant enjoys a substantial income and is well able to contribute to the
support and maintenance of Plaintiff during the course of this action.
II
WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her
reasonable alimony pendente lite during the pendency of this action.
COUNT V - COUNSEL FEES AND EXPENSES
15. Plaintiff is without sufficient funds to retain counsel to represent her in this
matter.
16. Without competent counsel, Plaintiff cannot adequately prosecute her claims
against Defendant and cannot adequately litigate her rights in this matter.
1 7. Defendant enjoys a substantial income and is well able to bear the expense of
Plaintiff's attorney and the expense of this litigation.
WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the
legal fees and expenses incurred by Plaintiff in this litigation of this action.
Date:
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Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF HEALTH
VITAL RECORDS
Cumberland
RECORDS OF
DIVORCE OR ANNULMENT
XXXX
STATE FILE NUMBER
COUNTY
STATE FILE DATE
HUSBAND
1, NAME
(FIRST)
(MIDDLE)
(LAST)
2, DATE (MONTH) (DAY) (YEAR)
OF
BIRTH February 18 1954
STATE 4, PLACE (STATE OR FOREIGN COUNTRY)
OF
PA BIRTH Pennsylvania
Jeffrey
A,
McNelly
COUNTY
3, RESIDENCE
STREET OR RD,
CITY, BORO OR TWP
102 Haldeman Avenue
New Cumberland
Cumberland
5, NUMBER
OF THIS
MARRIAGE
6, RACE
7, USUSAL OCCUPATION
WHITE
XX
BLACK
OTHER (SPECIFY)
Executive Director
8. MAIDEN NAME (FIRST) (MIDDLE) (LAST) 9, DATE (MONTH) (DAY) (YEAR)
OF
Rook Linda R. McNelly BIRTH September 11 1954
10, RESIDENCE STREET OR R,D. CITY, BORO OR TWP COUNTY STATE 11. PLACE (STATE OR FOREIGN COUNTRY)
OF
102 Haldeman Avenue New Cumberland Cumberland PA BIRTH Pennsylvania
12, NUMBER 13, RACE 14, USUSAL OCCUPATION
OF THIS 2 WHITE BLACK OTHER (SPECIFY)
MARRIAGE XX Hair Stylist
15, PLACE OF (COUNTY) (STATE OR FOREIGN COUNTRY) 16, DATE OF (MONTH) (DATE) (YEAR)
THIS THIS
MARRIAGE Dauphin Pennsylvania MARRIAGE August 29 1981
17A. NUMBER OF 178. NUMBER OF DEPENDENT 18, PLAINTIFF 19, DECREE GRANTED TO
CHILDREN THIS 2 CHILDREN UNDER 18 2 HUSBAND WIFE HUSBAND WIFE
MARRIAGE XX XX
20, NUMBER OF HUSBAND WIFE SPLIT CUSTODY 21, LEGAL GROUNDS FOR
CHILDREN TO DIVORCE OR ANNULMENT 3301 (C) DIVORCE CODE
CUSTODY OF
22, DATE OF DECREE (MONTH) (DAY) (YEAR) 23, DATE REPORT SENT (MONTH) (DAY) (YEAR)
TO VITAL RECORDS
WIFE
24, SIGNATURE OF
TRANSCRIBING CLERK
SOCIAL SECURITY NUMBERS
Linda R. McNelly
Jeffrey A. McNelly
184-36-7223
174-46-7297
II
II
LINDA R. McNELLY,
PLAINTIFF
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
V5.
CIVIL ACTION - LAW
NO. 02-71
JE.FFREY A, McNELLY,
DEFENDANT
IN DIVORCE
ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE
I hereby enter my appearance for the Defendant, Jeffrey A, McNelly, in the above-
captioned action. I acknowledge receipt of a true and correct copy of the Complaint in
Divorce filed in the above action on behalf of the Defendant.
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LINDA R. McNELLY,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 02-71
JEFFREY A. McNELLY,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this LY day of
i ' j~~,_ '<
, 2002, upon
!
consideration of the attached Petition for Special Relief, a hearing is scheduled for Court
Room No.
~ of the Cumberland County Courthouse, Carlisle, Pennsylvania, commence
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o'clock -t---.m., on .C 0.. the !~,! . day of / Cti:) , 2002.
at
Distribution:
BY THE COU,fl!',
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Samuel L. Andes, Esquire (Attorney for Plaintiff)
525 North 12th Street, Lemoyne, Pa 17043
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John J. Connelly, Jr., Esquire (Attorney for Defendant)
P.O. Box 650, Hershey, Pa 17033
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LINDA R. McNELLY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 02-71
JEFFREY A. McNELLY,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER OF COURT
AND NOW, this l~ day of '--rY\~ ,2002, upon consideration of the
()
request of counsel for the Defendant, the Hearing scheduled for Wednesday, May 15, 2002, at
3:15 p.m. is continued until Wednesday, June 12,2002, at 10:00 a.m.
Distribution:
J.
Samuel L. Andes, Esquire (Attorney for Plaintiff)
525 North 12th Street, Lemoyne, P A 17043
John 1. Connelly, Jr., Esquire (Attorney for Defendant)
Post Office Box 650, Hershey, P A 17033
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. II
LINDA R. McNELLY,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 02-71
JEFFREY A. McNELLY,
Defendant
IN DIVORCE
ORDER
AND NOW, this J:J~ day of SrH-W
agreement of the parties, we order and decree as follows:
1. Plaintiff Linda R. McNelly is hereby awarded exclusive possession of the marital
2002, upon the
residence at 102 Haldeman Avenue in New Cumberland, Cumberland County,
Pennsylvania, effective October 1, 2002. The Defendant Jeffrey A. McNelly shall vacate
the premises prior to that time and shall not enter the property thereafter without the prior
consent of Plaintiff.
2. Prior to September 1, 2002, the Plaintiff and Defendant will negotiate and agree
upon items of furnishings from the marital residence which the Defendant shall take to
furnish his new residence. The parties will cooperate with each other to accomplish this
agreement as soon as possible but no later than September 1, 2002. If the parties cannot
resolve this issue by agreement by September 1, 2002, the temporary distribution and
possession of those items shall be presented to the court for resolution upon the request
of either party. Defendant shall be responsible to remove his items from the house in
such a way as not to damage the house or any of its parts.
3. Defendant shall pay to Plaintiff, as support for herself and the parties' minor
child, Whitney, the sum of $1,500.00, commencing June 1, 2002. The payment shall be
made by the 5th day of each month and the parties acknowledge that Defendant has made
voluntarily payments since June 1, 2002, for which he will receive credits against his
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obligation under this paragraph. These payments will continue until modified or replaced
by a support order or other order of this court or a written agreement of the parties.
4. After October 1, 2002, Plaintiff and Defendant will share legal custody of their
minor child, Whitney McNelly. In addition to shared legal custody, the Plaintiff shall supply
to the Defendant pertinent information regarding the minor child including, but not limited
to, report cards, sports and activity schedules, health issues or other activities involving
the child, the purpose of which is to keep the Defendant actively informed and involved in
the life of his daughter. The information required of the Plaintiff to supply to the
Defendant shall specifically not include information the Defendant can receive directly
from the minor child's school. The Plaintiff shall have primary physical custody of the
child and Defendant shall have periods of temporary custody of the child which shall
include alternating weekends, one evening per week, two weeks of vacation during the
summer (which shall be exercised consecutively or separately at Defendant's election
considering the child's scheduled activities and wishes, and shall include his alternating
weekend periods) and alternating holidays. The parties are working with Richard Williams,
a counselor they have selected by mutual agreement, to determine the details of the
schedule of Defendant's temporary custody of the child as well as to provide family
therapy for the child and the Defendant. Both parties shall cooperate with Dr. Williams in
such counseling and Defendant shall pay Dr. Williams' fees for counseling sessions
involving the Defendant or his daughter. The Plaintiff shall be responsible for the expense
of her counseling sessions with Dr. Williams.
5. The parties acknowledge that the following investment accounts exist for the
benefit of their adult daughter, Ashley McNelly:
A. Vanguard Prime Money Market Account $692.00
B. Vanguard Traditional IRA $11,884.00
C. Vanguard Educational IRA $2,446.00
Defendant shall make, execute, acknowledge and deliver any and all documents necessary
to transfer ownership and control of these accounts to Ashley immediately.
I
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II
6. The parties acknowledge that the following investment accounts exist for the
benefit of their minor daughter, Whitney:
A. Vanguard Prime Money Market Account $2,135.00
B. Vanguard Educational IRA $2,433.00
The parties agree that such accounts shall be held after the date of this order by Plaintiff
as custodian for Whitney. The parties shall make, execute, acknowledge and deliver any
and all documents necessary to transfer these accounts into custodial accounts held by
Plaintiff for Whitney immediately.
7. The parties' claims and those presented on behalf of their daughters, to
accounts previously held in the daughters' names jointly with Defendant are hereby
reserved for later litigation, either before the Divorce Master or before this court. Both
parties reserve all claims and defenses relating to those accounts, for themselves and for
their children.
8. The parties shall promptly file a Motion for the Appointment of a Master so the
economic claims in this action may be addressed to the Master. To the extent necessary,
both parties will sign consents to the divorce action.
BY THE COURT,
Distribution:
J.
Samuel L. Andes, Esquire (Attorney for Plaintiff)
525 North 12th Street, Lemoyne, Pa 17043
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John J. Connelly, Jr., Esquire (Attorney for Defendant)
P.O. Box 650, Hershey, Pa 17033
SAMUEL L. ANDES
ATTORNEY AT LAW
323 NORTH TWELFTH STREET
P. o. BOX 168
LEMOYNE, PENNSYLVANIA 17043
TELEPHONE
(717) 761.:5361
11 September 2002
FAX
(717) 761.14315
The Honorable Kevin A. Hess
Judge of the Court of Common Pleas
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
RE: Linda R. McNelly vs. Jeffrey A. McNelly
No. 02-71-2002-CU
Dear Judge Hess:
Enclosed is a letter I had prepared to send to the Court Administrator
with the order in the above matter. I have been advised that the matter has
been assigned to you and so I enclose the letter and the order. Thank you for
your attention to this matter.
Sincerely,
~~des
amh / Enclosures
cc: John J. Connelly, Jr., Esquire
SAMUEL L. ANDES
ATTORNEY AT LAW
32:5 NORTH TWELFTH STREET
P. O. BOX IGa
LEMOYNE,PENNSYLVANLA 17043
TELEPHONE
(717) 761-~3el .
11 September 2002
FAX
(717) 761-14315
Taryn Dixon, Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
RE: Linda R. McNelly vs. Jeffrey A. McNelly
No. 02-71-2002-CU
Dear Taryn:
I represent the Plaintiff in the above matter and the Defendant is
represented by John J. Connelly, Jr. The parties appeared before Judge Bayley
for a hearing on my client's Petition for Interim Relief on 25 July 2002. The
parties were able to work out an agreement which made the hearing
unnecessary and we agreed we would submit an order to implement the terms
of that agreement. I enclose the original and three copies of the order that
John Connelly and I have drafted and approved for our clients.
Although the matter was originally assigned to Judge Bayley, it should
probably be assigned to another Judge now because Judge Bayley had
represented one of the parties many years ago.
If you have any questions, please contact me at your convenience.
Thank you for your cooperation.
Sincerely,
s&'AndeS
amh / Enclosures
cc: John J. Connelly, Jr., Esquire
The Honorable Kevin A. Hess
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II
LINDA R. McNELLY,
Plaintiff
IIN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
INO. 02-71
JEFFREY A. McNELLY,
Defendant
IN DIVORCE
MOTION FOR HEARING ON CLAIM FOR AUMONY PENDENTE UTE
AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and
moves this court to schedule a conference before the Domestic Relations Office and a
hearing before the Court if necessary, to determine Plaintiff's claim for alimony pendente
lite, as raised in her Divorce Complaint in Count IV, a copy of which is attached hereto.
mu L. And~DD.n
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
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LINDA R. McNELLY,
Plaintiff
vs.
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JEFFREY A. McNELLY,
Defendant
NO. Oz ~ '71
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to def,snd against the claims set forth in
the foregoing pages, you must take prompt action. You are warned that if you fail to do
so, the case may proceed without you and a decree in divorce or annulment may be
entered against you by the court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available
in the Office of the Prothonotary at:
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. A1NrV~I,V/~~Si~tY3d
JUt) ,,:',1 !J=]~V'qn:J
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Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-:3166
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LINDA R. McNELLY,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - lAW
NO. 02 -UT)
JEFFREY A. McNELLY,
Defendant
IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a divorce proceeding filed
in the Court of Common Pleas of Cumberland County. This notice is to advise you that
in accordance with Section 3302 (d) of the Divorce Code, you may request that the court
require you and your spouse to attend marriage counseHng prior to a divorce being handed
down by the court. A list of professional marriage counselors is available at the
Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are
advised that this list is kept as a convenience to you and you are not bound to choose a
counselor from this list. All necessary arrangements and the cost of counseling sessions
are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling
within twenty days of the date on which you receive this notice. Failure to do so will
constitute a waiver of your right to request counseling.
LINDA R. McNELLY,
Plaintiff
IN THE COURT OF COMMON
Pl,.EAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO.
JEFFREY A. McNELLY,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes the above-named Plaintiff, LINDA R. McNELLY, by her attorney,
Samuel L. Andes, and makes the following Complaint in Divorce:
1. The Plaintiff is LINDA R. McNELLY, an adult individual who currently resides at
102 Haldeman Avenue in New Cumberland, Cumberland County, Pennsylvania.
2. The Defendant is JEFFREY A. McNELLY, an adult individual who currently
resides at 102 Haldeman Avenue in New Cumberland, Cumberland County, Pennsylvania.
3. Both the Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for at least six months immediately previous to the filing
of this Complaint.
4. The Plaintiff and Defendant were married on 29 August 1981 in Harrisburg,
Dauphin County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised of the availability of marriage counseling and the
Plaintiff may have the right to request that the Court require the parties to participate in
counseling.
COUNT I - IRRETRIEVABLE BA:EAKDOWN
8. The Plaintiff requests this Court to enter a Decree in Divorce.
WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to
the Divorce Code of Pennsylvania.
COUNT II - EQUITABLE DISTRIBUTION
9. During the course of the marriage, the parti,es have acquired numerous items
of property, both real and personal, which are held in joint names and in the individual
names of each of the parties hereto.
WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by
the Defendant, to equitably divide the property, both real and personal, owned by the
parties hereto as martial property.
COUNT III - AlIMOl\lY
10. Plaintiff lacks sufficient property to provide for her reasonable needs in
accordance with the standard of living of the parties established during the marriage.
11 . Plaintiff is unable to support herself in accordance with the standard of living
of the parties established during the marriage through appropriate employment.
12. The Defendant is employed and enjoys a substantial income from which he is
able to contribute to the support and maintenance of the Plaintiff and pay her alimony in
accordance with the Divorce Code of Pennsylvania.
WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding
Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate
to support and maintain Plaintiff in the station of life to which she has become
accustomed during the marriage.
COUNT IV - ALIMONY PENDENTE LITE
13. Plaintiff is without sufficient income to support and maintain herself during
the pendency of this action.
14. Defendant enjoys a substantial income and is well able to contribute to the
support and maintenance of Plaintiff during the course of this action.
WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her
reasonable alimony pendente lite during the pendency of this action.
COUNT V - COUNSEL FEES AND EXPENSES
15. Plaintiff is without sufficient funds to retain counsel to represent her in this
matter.
16. Without competent counsel, Plaintiff cannot adequately prosecute her claims
against Defendant and cannot adequately litigate her rights in this matter.
17. Defendant enjoys a substantial income and is well able to bear the expense of
Plaintiff's attorney and the expense of this litigation.
WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the
legal fees and expenses incurred by Plaintiff in this litigation of this action.
Date:
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LINDA R. McN LL Y l.... j
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Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
LINDA R. McNELLY,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
JEFFREY A. McNELLY,
Defendant/Respondent
NO. 2002-71 CIVIL TERM
IN DIVORCE
PacseS# 830105097
ORDER OF COURT
AND NOW, this 5th day of December, 2002, upon consideration of the attached Petition for
Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective
counsel appear before R.J. Shaddav on Januarv 15. 2003 at 8:30 A.M. for a conference, at 13 N. Hanover
St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony
Pendente Lite be entered. NOTE: The Petition for Spousal Support alld Child Support previously
schethlled before Todd Moul will now be heard by RJ Shadday on the same date and time.
YOU are further ordered to bring to the conference:
(I) a true copy of your most recent Federal Income Tax Retum, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
191O.11()
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
BY THE COURT,
George E. Hoffer, President Judge
Mail copies on
12-5-02 to:
Petitioner
< Respondent
Samuel Andes, Esquire
John Connelly, Esquire
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Date of Order: December 5,2002
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YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR (:ANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIA nON
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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LINDA R. McNELLY,
Plaintifti'Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
JEFFREY A. McNELLY,
Defendanv1iespondent
NO. 2002-71 CIVIL TERM
IN DIVORCE
Pacses# 830105097
ORDER OF COURT
NOTICE OF RESCHEDULED CONF'ERENCE
AND NOW, this 9th day of January, 2003, upon consideration of the Petition for Alimony
Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear
before R.J. Shaddav on March 13. 2003 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, P A
17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be
entered. This date replaces the prior conference date of January 15, 2003.
YOU are further ordered to bring to the conference:
(1) a true copy of your most recent Federal Income Tax Retum, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
1910.11@
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
BY THE COURT,
George E. Hoffer, President Judge
Mail copies on
1-9-03 to:
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Petitioner
Respondent
John Connelly, Esquire
Samuel Andes, Esquire
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Date of 0nIer. Jaoumy 9, 2003 / , 1~~ooIn.:' Conference Office< <.,
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND lOUT WHERE YOU MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCL\TION
2 LIBERTY A VB.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
LINDA R. MCNELLY ) Docket Number 02-71 CIVIL
Plaintiff )
vs. ) PACSES Case Number 830105097
JEFFREY A. MCNELLY )
Defendant ) Other State ID Number
CONSENT ORDER
AND NOW, to wit on this
14TH DAY OF MARCH, 2003
IT IS HEREBY
ORDERED that the 0 Complaint for Support or 0 Petition to Modify or (i) Other
.~~
ALIMONY PENDENTE LITE
filed on DECEMBER 2, 2002 in the above captioned
matter is dismissed without prejudice due to:
AN ORDER OF SPOUSAL SUPPORT BEING ENTERED UNDER DOCKET NOS. 1075 S 2002 AND
PACSES #344105083.
o The Complaint or Petition may be reinstated upon written application of the plaintiff
petitioner.
DRO: RJ Shadday
xc: plaintiff
defendant
Samuel Andes~ Esquire
John Connelly~ Esquire
BY THE COURT:
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LINDA R. MCNELLY,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 02-71
JEFFREY A. MCNELLY,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on and
7 January 2002 served upon the Defendant on or about 1 I1arch 2002
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing of the complaint and the date of service of the complaint
on the Defendant.
3. I consent to the entry of a final decree in divorce either after service of a Notice of
Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of
Intention to Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that
the Court maintains a list of marriage counselors and that I may request the Court to require
my spouse and I to participate in counseling and, being so advised, do not request that the
Court require that my spouse and I participate in counseling prior to the divorce becoming
final.
I verify that the statements made in this Affidavit are true and correct and I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
13 June 2003
Date
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LINDA R. MCNELLY,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
JEFFREY A. ~CNELLY,
Defendant
1\10. 02-71
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREE UNDER SECTION 3301 ICI OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees, or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Waiver are true and correct. I understand
that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
13 June2003
Date
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LINDA R. McNELLY,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 02-71 CIVIL TERM
JEFFREY A. McNELLY,
DEFENDANT
: CIVIL ACTION - LAW
: IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
January 7, 2002.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days
have elapsed from the date of both the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of Notice ofIntention
to request entry of the Decree.
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DNORCE
DECREE UNDER l13301(c) OF THE DNORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by the
Court and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary.
I verifY that the statements made above are true and Gorrect. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. S4904, relating to unsworn
falsification to authorities.
Date: & - .:a cJ - 63
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LINDA R. McNELLY,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
JEFFREY A. McNelLY,
Defendant
NO. .01076 S 2002
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PRAECIPE
TO THE PROTHONOTARY:
Please enter judgment in favor of the Plaintiff, Linda R. McNelly and against the
Defendant, Jeffrey A. McNelly in the amount of $1,434.61, pursuant to the Certification
of Arrearage from the Cumberland County Domestic Relations Office, a certified copy of
which is attached hereto.
15 July 2003
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Samuel L. Andes
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
In the Court of Common Pleas of
Phone: (717) 240-6225
I, Todd A.
JULY 14, 2003
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Date
CUMBERLAND
County, Pennsylvania
DOMESl'IC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Fax: (717) 240-6248
JULY 14, 2003
Plaintiff Name: LINDA R. MCNELLY
Defendant Name: JEFFREY A. MCNELLY
Docket Number: 01075 S 2002
PACSES Case Number: 344105083
Other State ID Number:
Please note: All correspondence must include the PACSES Case Number.
Certification of Arrearage
Moul , hereby certify that arrearages on the above case as of
total $1,434.61
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LINDA R. McNELLY,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 02-71 CIVIL TERM
JEFFREY A. McNELLY,
Defendant
IN DIVORCE
PLAINTIFF'S PETITION FOR EMERGENCY RELIEF
AND NOW comes the above-named Plaintiff, and requests emergencw relief from
the court based upon the following:
1. The Petitioner herein is the Plaintiff. The Respondent herein is th~ Defendant.
2. Among the marital assets in this case are substantial financial accounts which
contain marital funds substantially in excess of $200,000.00.
3. All of the financial accounts have been under the exclusive contrbl of the
Defendant since prior to the parties' separation. As a result, Plaintiff has not had full
access to information about the account or to the funds within the accoun~.
4. Since the parties' separation, Plaintiff believes that Defendant hl\s made several
expenditures from the marital accounts to pay for his living expenses, his attorneys fees,
and various other personal items.
5. Plaintiff has a severe need for access to funds for several reasons, which
include:
A. The parties' oldest daughter is scheduled to return to coll~ge in
August and, at the present time, neither the daughter nor Plaintiff have
sufficient funds to pay her tuition and living expenses in college. Defendant
has refused to commit to pay any of those eXpElnSes.
B. Plaintiff's current income has been adequate to meet the Iroutine
expenses of her household and she is dependent upon the spousal ~nd child
support which Defendant has agreed to pay. Defendant is obligatEjd,
Page 2 of 5
pursuant to a support order entered before this Court to No. 1075 Support
2002, to pay $1,500.00 per month commencing 1 April 2003. To date,
Defendant has paid substantially less than the amount owed on the order. At
the present time the balance owed is almost half of the amount that $hould
have been paid. The failure of Defendant to pay the support has created a
severe financial hardship for Plaintiff.
C. Plaintiff currently owes the Internal Revenue Service more than
$2,000.00 in taxes for 2002 because she mistakenly made her tax deposit
to the Defendant's social security number, rather than her own. Plaiihtiff
currently does not have sufficient funds to make that payment to th~ IRS and
it continues to accrue interest and possibility penalty.
D. The Masters hearings in this matter are scheduled for July,and
August and Plaintiff requires funds to properly prepare for those heartings.
Without reasonable access to the marital funds, Plaintiff will not be able to! meet the
obligations she has to support herself, her children, and the household in which they all
live and will not be able to meet her other legal obligations.
6. The marital assets in this case are of sufficient value that Plaintif~ can receive
an advance on those accounts in the amount of $20,000.00, which she b$lieves will be
no more than the funds Defendant has already taken from the marital accqunts, without
interfering with the eventual distribution of marital property.
WHEREFORE. Plaintiff prays this court to order and direct Defendant to disburse to
Plaintiff, from the marital accounts, the sum of $20,000.00, to be credited against her
eventual share of the marital assets.
S&.-A~~-
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 1 7043
(717) 761-5361
Page 3 of 5
11- .
VERIFICATION
I verify that the statements made in this Petition for Special Relief are true and
correct. I understand that any false statements in this Petition for Special Relief are
subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities).
Date: &PJ.rro?J
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LINDA R. McN~Y
Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing Petition upon counsel for
the Defendant herein by regular mail, postage prepaid, addressed as follows:
John J. Connelly, Jr., Esquire
P.O. Box 650
Hershey, Pa 17033
Date: (old.~ \O~
rkins
cretary for Samuel L. Alhdes
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LINDA R. McNELLY,
Plaintiff
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vs.
JEFFREY A. McNELLY,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-71 CIVIL TERM
IN DIVORCE
ORDER OF COURT
AND NOW this I~ day of , A", 6UJ'f: 2003~ upon
consideration of the attached Petition for Emergency Relief a hearing is her,by scheduled
before the undersigned, to be held in Court Room No. ~~ of the Cumberland County
Courthouse in Carlisle, Pennsylvania, commencing at <j: 30 o'clock ,A .m. on
,,~~y _thel()fI,daYOf_ d~7;;hu~- i2003.
J.
DISTRIBUTION:
~amuel L. Andes, Esquire (Attorney for Plaintiff) 111- ~JI"/
525 North 12th Street, P.O. Box 168, Lemoyne, PA 17043
vI.Iohn J. Connelly, Jr., Esquire (Attorney for Defendant) .5!JJ. ~}.ttJ
P.O. Box 650, Hershey, PA 17033
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LINDA R. McNELLY,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 02-71
JEFFREY A. McNELLY,
Defendant
IN DIVORCE
STIPULATION
AND NOW come the above-named parties, by their attorneys who have executed this
Stipulation on their behalf, and stipulate and agree that the court should enter the attached Order
to resolve the matters raised in Plaintiff's Petition for Emergency Relief which is scheduled fora
hearing before the court on Friday, 10 October 2003.
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Attorney for Plaintiff, I Q I 01.
Date: 0 t-40.J
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]AMES 5MfrH DlEITERICK & CONNElLY UP
John J. Connelly, Jr.
jjcjr@jsdlegal.com
October 9,2003
Attention: Sandy
The Honorable Edward E. Guido
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
Re: Linda R. McNelly v, Jeffrey A. McNelly
No. 02-71
Dear Judge Guido:
Pursuant to my paralegal's telephone conversation with SiUldy, enclosed please
find the original and four copies of the Order of Court and Stipulation in the above-
referenced matter which will cancel the hearing scheduled for October 10, 2003 at 8:30
a.m.
I have enclosed self-addressed, stamped envelopes for both myself and Mr. Andes
for the Prothonotary to return the signed, certified Orders. Thank you.
Very truly yours,
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ohn J. Connelly, Jr. '~ 0
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cc: Samuel L. Andes, Esquire
Jeffrey A. McNelly
Enclosures
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VVWV';_J~;UC,COrv1
GARY L JAMES
MAX J. SMITH, JR.
JOHN J. CONNELLY, JR.
SCOTT A. DIETTERICK
JAMES F. SPADE
BRYAN S. WALK
MATTHEW CHABAL, III
GREGORY K. RICHARDS
SUSAN M. KADEL
JARAD W. HANDELMAN
DONNA M. MULLIN
EDWARD P. SEEBER
NEIL W. YAHN
COURTNEY L. KISHEL
KIMBERLY A. DEWITT
OF COUNSEL:
MANLEY DEAS &
KOCHALSKI, LLC
COLUMBUS, OH
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LINDA R. McNELLY,
Plaintiff
IIN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 02-71
JEFFREY A. McNELLY,
Defendant
IN DIVORCE
.tfI\ ORDER OF COURT
AND NOW, this /5_ day of October 2003, upon the agreement of the parties as
expressed by the written Stipulation of their counsel, we hereby order as follows:
1. The parties shall transfer to Wife, from the Vanguard Prime Money
Market Account currently registered in their joint names but controlled by Husband,
the sum of $30.453.00. The transfer shall be made within three (3) business days
of the date of this Order. Wife's distributive share of the marital assets shall be
charged with the value of that distribution in the amount of $30.453.00.
2. The parties shall distribute to Husband, as his sole property, the SEP
Brokerage Retirement Accounts he holds with Vanguard Securities which has an
approximate value of $21,745.00, and his Roth IRA Brokerage Account with
Vanguard Investments which has a value of approximately $8,708.00. The
distribution to Husband shall be made within three (::I) business days of the date of
this Order. Husband's distributive share of the marital assets shall be charged with
the total value of the assets within those accounts on the date the transfer to
Husband is complete.
This Order resolves the matters raised in Plaintiff's Petition for Emergency Relief which was
scheduled for a hearing before the undersigned on 10, 2003.
J.
Distribution:
VSamuel L. Andes, Esquire (Attorney for Plaintiff)
525 North 12th Street, Lemoyne, Pa 17043
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V John J. Connelly, Jr., Esquire (Attorney for Defendant)
P.O. Box 650, Hershey, PA 17033
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LINDA R. McNELLY,
Plaintiff
v.
JEFFREY A. McNELLY,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-71 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
ANSWERS TO INTERROGATORIES
Respectfully submitted,
JAMES, SMITH, DIETIERICK & CONNELLY
Question 1:
See attached Exhibit "A".
Question 2:
See attached Exhibit "B".
Question 3:
See attached Exhibit "B".
Question 4:
No.
Question 5:
I was terminated without cause (see Exhibit "B"). My beliefs for termination of
employment are as follows:
A. Poor economy causing businesses to have lower net income.
B. My perceived high income compared to some Board Member's incomes.
C. My age of 49, divorce matter with repeated filings and delays and my mother's
death, all of which caused me extreme stress and distraction from my duties.
D. Two major operations, arthritis and failing health, They can hire someone
younger and healthier for a lesser salary.
E. Association is losing money and convention was poorly attended.
F. Very dysfunctional and poorly managed Association Board of Directors.
G. Twenty-three years of employment in a vel)' political arena. The average
president/executive only lasts approximately seven years.
H. Upside down hierarchy of management staffing in office environment caused by
Board Member interventions.
1. Linda R. McNelly making statements to Board Members that, in effect, I had
cheated and robbed thousands of dollars from the Association over the years. This
was verbally relayed to the entire Board by a Board Member, Jim Krietzer, who
claimed such.
Question 6:
See attached Exhibit "Coo.
VERIFICA TION
I verifY that the statements made in this Pleading are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
Date:
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EXHIBIT "A"
DISPLAY ADVERTISERS
Name Page Telephone
Annaco 6 (800) 394-1300
Assoc. INSURANCE Services !BC (800) 822-3455
ATE (Midstate) 7 (800) 877-9620
Barney's Auto Parts 22 (215) 822-0188
Camden Iron & Metal, Inc. 5 (609) 365-750
Car-Part.com 20 (866) 227-7278
Chapman Auto Parts 19 (814) 583-5128
Eakin Auto 11 (814) 432-3153
First Choice Communications 13 (888) 555-4241
Gray, Harvey, Inc. 3 (215) 968-2948
IAA IFC (301) 372-8876
Jay's Auto Wrecking, Inc. 3 (814) 734-4022
Keystone Alliance Insurance 12 (610) 792-5353
Penn Recycling, Inc. !BC (570) 326-9241
Shumaker Williams 13 (717) 763-1121
Tri-State Auto Auction, Inc. 24 (610) 272-5224
Vander Haag's, Inc. 22 (712) 262-7000
w
(717) 763.1777 (800) 494-1777
FAX (717) 763-1787
WebSite:www.parts.org
E-mail: parts@parts.org
PARTS STAFF
President/CEO Jeff A. McNelly
Dir. of Sales/Marketing Vacant
Secretary Vacant
Associate Editor Pamela Brossman
Bookkeeper Peggy Hemmis
Counsel Keith A. Clark, Esq.
PARTS Committee Chairs 2003/04
Executive Committee Charlie Bauer
Insurance & Investment John Y Dung
Legislative Joe Grieco
Nominating Jim Kreitzer
Quality Assurance Joe Grieco
Education/Scholarship Michael Angelo
Technology Gene Noll
PARTS Trustees 2003/04
Stanley Laskey, Jr., See Term Expires 2004
John Young, Chm. Term Expires 2005
Harvey Gray, Jr. Term Expires 2006
Richard Cherico Term Expires 2007
:" Steve Baker Term Expires 2008
The PARTS Digest is published monthly by the
Pennsylvania Automotive Recycling Trade Society,
Executive Office located at 1106 Carlisle Road, Camp
Hill, PA 17011. Telephone (717) 763-1777. FAX
(717) 763-1787. Materials may not be reproduced
without written permission. Statements of fact or
opinion made by Exhibitors, Advertisers, or Authors are
made on the responsibility of the Exhibitors/Advertis.
ers/ Authors alone. and do not imply an opinion on the
part of the Officers, Directors, Members or Staff of
PARTS. Annual subscription rate for members of the
association is included in the dues billing. Additional
subscription for members is $25.00. Subscription for
non-members is $35.00. Advertising rates for color and
non-color are furnished upon request. Printing is offset
by Huggins Printing Company, Harrisburg, PA.
I '\I T II I S I S S l E
Chairman's Message ........................................................................................ 3
Mailbox ............................_................................................................................. 4
Scrap MarketReport ..................................................................................... 5-6
Auction Scrap Prices ........................................................................................7
Member Visits ..................................................................................................8
President/CEO's Column .................................;....................................... 10-11
Legislative Day................................................................................................ 14
Cover Story ..................................................................................................... 15
ARANews ................................................................................................. 19-20
InsurancePremium ........................................................................................ 22
Classified ........................................................................................................ 23
Lihrary ............................................................................................................ 24
OFFICERS
Chairman: Charles Bauer
Vice Chairman: Joseph Gricco
Secretary: Michael Angelo
Treasurer: Rick Cherico
Past Chmn.: Jim Kreitzer
Jay's Auto Wrecking, Inc.
Venice Auto Parts
Ai's Auto Parts
Chapman Auto Parts
Cumberland Auto Salvage, Inc.
814-734-4022
215-727-3610
215-322-2199
814-583-5128
717-732-1862
TERM EXPIRES:
Ron Renick
(Vacant)
Rocco Rossi, III
BOARD
OCTOBER 2004
OF DIRECTORS
Renick's Used Auto Parts
724-283-2166
Rossi Towing Service
610-265-0643
TERM EXPIRES:
Gene Noll
Steve Baker
Gene Weber
OCTOBER 2005
Vii/age Motors
Eakin Auto
Weber Brothers Auto
610-944-7688
814-432-3153
717-867-2151
TERM EXPIRES:
(Vacant)
Ellis Williams
Benji Huzsek
OCTOBER 2006
Capitol Auto Parts, Inc.
Route 51 Auto & Truck Parts
610-588-2121
800-501-3368
TERM EXPIRES:
Todd Mueller
Bob Fiegleman
Charles Morrone
OCTOBER 2007
Mueller's Auto Recycling & Sales 814-946-1295
Morgan Highway Auto Parts 570-343-8282
New Castle Auto Wrecking, Inc. 724-652.7733
ASSOCIATE
DIRECTOR
TERM EXPIRES: OCTOBER 2006
Robert Kegel Association INSURANCE Services 800-822-8376
LOCAL
ASSOCIATION
R E P S .
TO
BOARD
Eastern: Carl Dean
Western: Butch Battaglia
Wilcox Auto Salvage, Inc.
Battaglia Auto Wrecking, Inc.
215-257-3305
412-261-6477
NATIONAL
ASSOCIATION
R E P S.
Region # 4 Director: Doug Reinert
State Chairman: Dave Jordan
Chuck's Auto Salvage
Jordan Auto Parts
610-689-9545
724-943-4425
SEPTEMBER/OCTOBER 2003
EXHIBIT "B"
09/30/2003 12:59
7177637478
SHUMAKER WILLIAMS
PAGE 01/131
r-', SHUMAKER
. - 'Ii} WILLIAMSp.c.
/1' " LEGAL AND BUSINESS COUNSEL
/ ~........,../'
WRrTER'S DIRECT DIAL NUMBER: 717,909.1612
WRITER'S E~MAIL: cJark@ShLlmakerwilUams.com
September 30, 2003
CERTIFIED MAIL, RETURN RECEIPT REQUESTED
#7002 2030 0006 9053 2722
Jeffrey A. McNelly
1441 Hillcrest Court, Apt. 201
Camp Hill, PA 17011
RE: Our FHe No. 763-01(4)
Dear Mr. McNelly:
On behalf of the Pennsylvania Automotive Recycling Trade Society ("PARTS").
this is to notify you that PARTS hereby exercises its ability to terminate the Employment
Agreement dated September 30, 2001 by and between PARTS and you, pursuant to
paragraph 1 Old) of such Employment Agreement Such termination is effective
midnight, September 30, 2003.
KAe/klt: 159281
cc: Charlie Bauer - via telecopier (814) 734-4745
CORR~SPONCENCE:
P.O. BOX 88
HARRIS5URG. PA 17108
PHONE:717.763.1121
FAX:717.763.7419
STATE COllEGE, PA 814.234.3211
TOWSON, MD 410.825.5223
READJNG.PA 610.929.5808
maif@,Shvmakel'Williams.com
EXHIBIT "e"
. WEST SHORE TAX BUREAU
3607 ROSEMONT AVENUE
P.O. Box 656
CAMP Hill, PA 17001-0656
Phone (717) 975-8966
Fax (717) 975-8955
October 24, 2003
Mr. Jeffrey McNelly
1441 Hillcrest Court # 201
Camp Hill PA 17011
Dear Mr. McNelly:
This letter is in response to your application for the position of Executive Director of the West Shore Tax
Bureau. I wish to inform you that the Executive Director's position has been filled.
The response to our newspaper advertisement was overwhelming. A total of ninety-two applications were
received, The decision was difficult, as there were many outstanding candidates.
Thank you for your application and for your interest in the West Shore Tax Bureau.
d F. Hennance
Pr ,dent
West Shore Tax Bureau
Board of Directors
EFH/mad
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PEN NSTATE
~~
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(814) 863-0770
FAX: (814) 863-5495
Human Resources
Office of the President
The Pennsylvania State University
415 Old Main
University Park, P A 16802
PERSONAL AND CONFIDENTIAL
October 22, 2003
Mr. Jeff McNelly
1441 Hillcrest Court
#201
Camp Hill, PA 17011
Dear Mr. McNelly:
Thank you for your application for the position of Director of Governmental Relations for
Penn State's Milton S. Hershey Medical Center. Your interest in Penn State is welcomed
and appreciated.
The Search and Screening Committee will be reviewing all applications, and I assure you
every consideration will be given to your application. If additional information is required,
we will be in touch with you.
As part of the application process, please complete and return the enclosed Affirmati ve
Action Card to my attention at the above listed address at your earliest convenience. If you
have any questions about the process, please do not hesitate to contact me in writing.
Thank you again for your interest in Penn State.
Sincerely,
~1~~
Joseph T. Mattivi
Manager Human Resources II
The Pennsylvania State University
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Enclosure
Thineenth & Bern Streets
P,O, Box '5234
Reading. PA 19612-5~34
Telephone 61O-9~1-~381
Fax 610-921-7530
www.albright.edu
AlhrigbtGE
October 21,2003
MR. JEFF MCNEllY
1441 HillCREST COURT #201
CAMP Hill, PA 17011
Dear Mr. McNelly:
Thank you for your interest in Albright College. This letter will serve as receipt of
your resume. Enclosed is a postage-paid Equal Employment Opportunity Data
Collection Form, which is requested on a voluntary basis. Please complete and
mail.
Your resume is being reviewed to determine if it meets the criteria, identified for
the Adjunct Teacher position. Upon completion of this review, a short list of
candidates will be invited to visit the campus. We will notify you if your resume is
selected for further consideration.
We wish you the best of luck in your search process.
Sincerely,
Em~~'~
Human Resources Assistant
Enc.
70 YEARS OF SERVlaE
1933-2003
STATE BAR @
of ARIZONA
October 17, 2003
Mr. Jeff A. McNelly
1441 Hillcrest Court, #201
Camp Hill, PA 17011
Dear Mr, McNelly:
This letter is provided to update you on your status in the selection process for the
position of Executive Director with the State Bar of Arizona.
The search committee has completed its review of the nearly 200 resumes received. I'm
writing to advise you that while we found your qualifications noteworthy, we have
decided to pursue other candidates who better match our needs at this time.
If you have requested that your resume be placed into consideration for the recently
established Executive Director position with the Arizona Foundation for Legal Services
& Education, please note that the materials you submitted will be forwarded to that
search committee as soon as that process is opened for recruitment. Please be assured
that your standing in the Bar process has no bearing on your possible standing in the
separate selection process for the Foundation.
On behalf of all of the members of the State Bar of Arizona's search committee, I thank
you for your interest in employment with our organization. We wish you well in your
future endeavors.
Sincerely,
Colleen J. McManus, SPHR.
Director of Human Resources '
111 West Monroe Su.te 1800 Phoenox, AZ 85003-1742 Phone 602-252-4804 Faesmule 602-271-4930 www.azbar.org
LINDA R. McNELLY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 02-71 CIVIL TERM
JEFFREY A. McNELLY,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for
the Defendant, Jeffrey A. McNelly, hereby certifY that I have served a copy of the foregoing
Answers to Interrogatories on the following on the date and in the manner indicated below:
V.S MAIL, FIRST CLASS, PRE-PAID
Samuel L. Andes, Esquire
525 North Twelfth Street
Lemoyne, P A 17043
JAMES, SMITH, DlETTERICK & CONNELLY LLP
Date: J~ -ID -03
By:
J
A Y for ndant
Post Office Box 650
Hershey, P A 17033
(717) 533-3280
PA LD. No. 15615
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LINDA R. McNELLY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02 - 71 CIVIL
JEFFREY A. McNELLY,
Defendant
IN DIVORCE
NOTICE OF FILING MASTER'S REPORT
The report of the Master has been filed this date and
copies have been sent with this notice to counsel of record and
the parties.
In accordance with P.R.C.P. 1920.55 within ten (10) days
after the mailing of this notice and report exceptions may be
filed to the report by any party. If no exceptions are filed
within the ten (10) day period, the Court shall receive the
report, and if approved, shall enter a final decree i~
accordance with the recommendations contained in the report.
Date: 5/12/04
E. Robert Elicker, II
Divorce Master
NOTE: If exceptions are filed, file the original with the
Prothonotary and a copy with the Master's office. At
that time, the party filing the exceptions should
notify the court reporter in the Master's office so
arrangements can be made for a transcript. Upon
completion of the transcript and receipt of payment,
the entire file will be returned to the
Prothonotary's office for transmittal to the Court at
time of argument on the exceptions.
If no exceptions are filed, counsel shall prepare an
order of Court consistent with the recommendations
and provide a proposed order of Court to the Master.
Counsel shall also prepare and provide with the
*
proposed order of Court a praecipe* to the
Prothonotary directing the Prothonotary to submit the
case to the Court for final disposition. The Master
will then transfer the file with the proposed order
of Court and praecipe to the Prothonotary's Office
for docketing and transmittal by the Prothonotary to
the Court.
Form available in the Prothonotary's office and the
Master's office. (NOT the praecipe to transmit the
record form as set out in P.R.C.P. 1920.73(b).)
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LINDA R. McNELLY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 02 - 71 CIVIL
JEFFREY A. McNELLY,
Defendant
IN DIVORCE
MASTER'S REPORT
Proceedings held before
E. Robert Elicker, II, Divorce Master
9 North Hanover Street, Carlisle, PA 17013
proceedings held on August 5, 2003
and January 6, 2004 commencing both
days at 9:00 a.m.
APPEARANCES:
Samuel L. Andes
Attorney for Plaintiff
John J. Connelly, Jr.
Attorney for Defendant
PROCEDURAL HISTORY
A complaint in divorce was filed on January 7, 2002, raising grounds for
divorce of irretrievable breakdown of the marriage and the economic claims of equitable
distribution, alimony, alimony pendente lite, and counsel fe,es and expenses. With
respect to grounds for divorce, both parties signed and filed affidavits of consent and
waivers of notice of intention to request entry of divorce del~ree. Wife's affidavit and
waiver were filed on June 16,2003, dated June 13,2003; husband's affidavit and waiver
were filed on June 23, 2003, and dated June 20, 2003. Therefore, the divorce can be
concluded under Section 3301(c) of the Domestic Relations Code.
The Master was appointed on December 2, 2002.
Counsel were directed to certify the status of discovery; pretrial statements
were directed after certification of discovery was complete; a pre-hearing conference was
held on May 7,2003.
Because of an issue with respect to the status of certain funds, the Master
scheduled a separate hearing to take testimony on the funds in question on August 5,
2003, and made findings by memorandum on September 17, 2003, following the
submission by counsel of briefs.
A hearing to take testimony on the remaining issues was scheduled for
September 23, 2003, but was continued by agreement because husband lost his job three
days before the hearing. Consequently, another hearing was scheduled in December
which was then rescheduled to January 6, 2004.
Following the testimony at the hearing on January 6, 2004, the record was
left open to allow counsel to submit additional exhibits on the record pursuant to the
I
Master's remarks at the end of the hearing. In addition to the stipulation to be submitted
on the identification and valuation of various marital assets, counsel were directed to
provide supplemental information with respect to support for the child, personal property
issues, rental value information for the marital residence and the cost of health insurance
for wife.
Counsel were requested to submit supplements to the record ten days after
the hearing. However, for reasons unknown to the Master, ,counsel did not submit the
supplements until the end of March 2004. Since nearly three months had elapsed since
the hearing, the Master held a conference with counsel on April 21, 2004, to review the
stipulations and supplements to the record before preparing his report and
recommendations.
STIPULATIONS
Counsel submitted an exhibit setting forth stipulations with respect to the
identification and valuation of marital assets. This exhibit signed by counsel is attached
to the report and incorporated into the findings of the Master. In addition, counsel
stipulated during the course ofthe hearing that the vehicle being operated by the daughter
was not to be considered as a marital asset for purposes of equitable distribution.
Counsel also stipulated that the parties separated September 30, 200 I.
FINDINGS OF FACT
1. The parties were married on August 29,1981, and separated September 30,
2001. The separation date was stipulated to by the parties and counsel.
Husband did not move out of the marital residence until October 1, 2002.
2
This marriage is the second marriage for wife and the first marriage for
husband.
2. The parties are the natural parents of two children, Ashley, born April 23,
1984, and Whitney, born May 18,1987. The older daughter is in her second
year of studies at the University of Pittsburgh; the younger daughter is still in
high school.
3. Wife is 41 years of age and resides at 102 Haldeman Avenue, New
Cumberland, Pennsylvania, where she lives with the minor daughter. The
college-aged daughter resides in the home when she is not in school.
4. Wife has a high school diploma and training in barbering. She has worked in
the barbering profession for over 20 years. She rents space at the Four
Seasons Shop in Camp Hill, Pennsylvania, where she works three days a
week. She also does part-time work for Parthemore Funeral Home. Her net
monthly income is approximately $1,000.00 per month from both jobs.
The Master finds that wife is able to work at least 35 to 40 hours per week,
either in her present working environment or in another job. Therefore, the
Master assigns an earning capacity to wife which he will use for purposes of
determining alimony in the amount $1,500.00 net per month.
5. Husband is 49 years of age and has a Bachelor of Science degree in business
administration from Arizona State University. He currently resides at 1141
Hillcrest Court, Apt. 201, Camp Hill, Pennsylvania, where he lives alone.
Husband lost his permanent position with his employer, Pennsylvania
Automotive Recycling Trade Society effective September 30,2003. He has
been on a consulting basis since that date and when the consulting status is
terminated, he will be entitled to 18 months sev,:rance pay. The severance
package also includes medical insurance coverage but he has been drawing on
that benefit since September 2003 so that he has approximately a year left to
draw on that benefit. He also has a company vehicle which he will have to
return when his consulting services are no longer required. His net monthly
income is approximately $4,062.00.
Upon termination of the consulting services and the passing ofthe 18 months
of the severance package following the termination of the consulting business,
husband's income will most likely change and a review of his employment
status and income will have to be undertaken.
6. Wife did not raise any health problems on her b,~half; husband indicated that
he has some health issues which he is dealing with, including depression,
neurological problems, high blood pressure and arthritis.
3
7. The marital assets as identified by the parties with the values assigned
pursuant to the stipulation attached hereto compllse a marital estate having a
value of $782,694.00.
In addition to the stipulated assets and values, the Master makes the following
findings of additional marital assets and values:
Wife's 1993 Honda Accord
$
7,500.00
Wife's jewelry
$
500.00
Wife's business assets
$
500.00
Household tangible personal property in
possession of wife
no value assigned
Household tangible personal property
in possession of husband
no value assigned
TOTAL MARITAL ESTATE
$ 791,194.00
8. The cost for wife to continue health coverage at the present level of her
benefits will cost at least $177.00 per month upon the entry of a divorce
decree. Basic Blue Shield coverage with major medical direct pay could cost
monthly in excess of $543.00.
9. Wife occupied the premises after husband left in October 2002 without any
mortgage payments. The Master finds the monthly rental value is $1,150.00
and husband is entitled to a credit for one half of the rental value from the date
of his departure. In determining the net rental value, the Master has
considered the wife has had to pay real estate taxes and has had maintenance
costs for the property in an amount of $4,440.00.
10. Each party made contributions to the marital estate at the time of the marriage.
Husband contributed $16,836.80; wife contributed $7,918.00.
11. Wife receives unallocated payment of support from husband for herself and
the minor daughter in the amount of $1 ,500.00 per month.
12, No objection has been made by either party in these proceedings to the
method and adequacy of service of any of the pleadings in the divorce action
nor has either party or counsel objected to the jurisdiction ofthis Court to act
in these proceedings.
4
CONCLUSION OF LAW
The grounds of divorce are irretrievable breakdown of the marriage. Both
parties have filed affidavits of consent and waivers of notic,: of intention to request entry
of divorce decree. Wife's affidavit and waivers were dated June 13,2003, and filed on
June 16,2003. Husband's affidavit and waiver were dated June 20, 2003, and filed on
June 23, 2003. Therefore, the divorce can be concluded under Section 3301(c) of the
Domestic Relations Code.
ANALYSIS OF THE FACTORS AS SET
FORTH IN SECTION 3502(a) OJ? THE
DOMESTIC RELATIONS CODE
I. The parties were married and living together in a marital relationship for
approximately twenty years and have been separated for approximately two
and one half years.
2. This marriage is the second marriage for wife and the first marriage for
husband.
3. Wife is 41 years of age and is in good health. Her sources of income are
based on her training as a barber. She works three days a week and part-time
for Parthemore Funeral Home as needed. Her net monthly income is
$1,000.00 and the Master has assigned an additional earning capacity of
$500.00 per month for a total of$I,500.00 net monthly.
Husband is 49 years of age, is a college graduat,: with a degree in business
administration. He is currently in an interim status as a consultant with his
previous employer who has terminated his serviees effective September 30,
2003. Husband has a severance package which will allow him additional
income for 18 months after the consulting services have been terminated.
Husband net monthly income is approximately $4,062.00. He does complain
of some health issues which minimally affect his ability to carryon his job
responsibilities.
4. Neither party contributed substantially to the education, training, or increased
earning capacity of the other party.
5
5. Because of the type of wife's employment and husband's unsettled
employment status, it is uncertain as to the ability of either of the parties to
acquire assets in the future. Such acquisition of assets and income will
determine what employment circumstances the parties ultimately find
themselves in after the conclusion of the divorce proceedings.
6. The sources of income of both parties is related specifically to their
employment as well as any benefits which are available through husband's
employment. Those benefits include medical coverage which will terminate
for wife upon the entry of a decree in divorce.
7. Both parties contributed to the acquisition of the marital estate, wife as a
homemaker and doing part-time work. Husband worked full-time during the
course ofthe marriage. Both parties contributed their earnings from
employment as well as their skills in maintaining the marital home and other
assets that were acquired and invested.
8. The value of any property set aside to each party will be what they receive in
the distribution of marital assets. Husband did a(:quire some post-separation
assets as referred to in the stipulation but the amount of those assets is not
substantial.
9. The standard of living of the parties established during the marriage was
comfortable and middle-class.
10. At the time of the distribution of assets, the economic circumstances of the
parties are based on their earnings and earning potential and benefits they may
receive from employment presently or in the future with other employers. It is
noted, wife's current employment status is part-time and husband's status is
unsettled following the termination of his severance package with respect to
future income and earnings. Husband is looking for full-time employment but
has not had any success in his job search to the present time.
II. Wife is serving as the custodian of a dependent minor child of the parties.
DISCUSSION
EQUITABLE DISTRIBUTION
Based on the stipulations of the parties and counsel, the facts found by the
Master, and the analysis of the factors under Section 3502(a) of the Domestic Relations
6
Code, the Master believes that the distribution ofthe assets of the parties should be 45%
to husband and 55% to wife.
Even with wife's assigned earnings, husband has had, and probably will
continue to have the ability to have superior earnings and earning capacity. Husband has
consistently during the marriage made substantially more money than wife. Although he
faces an uncertain employment future when his severance pay runs out, nevertheless, any
job he ultimately gets will provide superior earnings to wife's job. Husband's potential
reduction of earnings can be taken into account in a review of his alimony obligation.
The Master has not made any findings with regard to household tangible
personal property in each party's possession. The Master told the parties and counsel
after the conclusion of the testimony that he may not have sufficient evidence to make a
finding with regard to the household personality. That conclusion has not changed even
after the conference with counsel on April 21, 2004. See the: Master's on the record
comments which were transcribed and provided to counsel after the close of testimony.
Based on the stipulations of the parties and counsel and the findings of the
Master, the marital estate has a value of$791,194.00. Using the percentage of
distribution ofthe assets of 55% to wife and 45% to husband, wife is entitled to a
distribution of assets having a value of $435, 156.70 (less the credit for rental value), and
husband is entitled to a distribution of assets having a value of $366,037.30 (plus the
credit for rental value).
7
RECOMMENDATIONS
EQUITABLE DISTRIBUTION
MARITAL ASSETS AND VALUES ASSIGNED TO WIFE
Real estate at 102 Haldeman Avenue,
New Cumberland, Pennsylvania - net equity
$207,500.00
Monies taken in advance of hearing from joint
money market account with Vanguard Funds
32,845.00
Wife's SEP-IRA Vanguard Small Cap Account
42,652.00
Wife's Roth IRA Prime Money Market Account
6,709.00
Wife's Roth IRA Stock Index Fund
3,081.00
Wife's Simple IRA Prime Cap Account
33,546.00
Wife's household checking account with Harris
Savings Association
1,410.00
Wife's business checking account with Harris
Savings Association
4,661.00
1993 Honda Accord
7,500.00
Wife's jewelry
500.00
Wife's business assets
500.00
Joint account in Vanguard Windsor II Fund
84,420.00
Portion of joint money market account with Vanguard Funds
9.832.70
TOTAL
$435,156.70
MARITAL ASSETS AND VALUES ASSIGNED TO HUSBAND
Joint marital fund with Vanguard GNMA
$ 39,585.00
Husband's SEP-IRA with Vanguard Funds
46,318.00
8
Husband's IRA with Wellington Funds
130,053.00
Husband's SEP-IRA with 500 Index Fund
10,011.00
Husband's SEP-IRA with U.S. Growth Funds
7,100.00
Husband's SEP-IRA Broker Account
24,337.00
Husband's Roth IRA Broker Account
8,508.00
Husband's Roth IRA Vanguard Money Market Account
1,755.00
Husband's Roth IRA Total Stock Index Fund
3,080.00
Husband's Simple IRA Vanguard Prime Cap Account
21,898.00
Husband's Simple IRA Vanguard Money Market Account
1,009.00
Husband's Simple IRA Star Fund Account
4,835.00
Husband's checking account with Commerce Bank
8,189.00
Remaining portion of joint money market account
with Vanguard Funds
49.359.30
TOTAL
$356,037.30
CREDIT TO HUSBAND
Rental value - 19 months x $1,150.00 per month
$ 21,850.00
Less taxes and maintenance
4.440.00
NET
$ 17,410.00
One halfof$17,41O.00
$ 8,705.00
Wife's portion of the joint money market account with Vanguard Funds assigned
to her ($9,832.70) is reduced by husband's rental value credit ($8,705.00) so that wife's
net assignment of funds is $1,127.70 plus the funds advanced prior to the hearing in the
9
amount of $32,845.00. Therefore, husband's entitlement in the money market Vanguard
Funds with the credit is $58,064.30.
Husband shall transfer to wife within thirty (30) days of a final order in
these proceedings by special warranty deed all his right, titk and interest to the real estate
situate at 102 Haldeman Avenue, New Cumberland, Pennsylvania.
The parties will sign all titles and documents necessary to transfer
ownership of assets assigned to each of the parties as provided in the distribution of
assets as set forth above so that all transfers are accomplished within thirty (30) days of a
final order in these proceedings.
Any change in the value of the financial assl~ts listed in the attached
stipulation, beyond the values for those assets listed in the stipulation, in the aggregate
(which shall mean the total of all of those financial assets as they may change) shall be
apportioned between the parties so that wife receives 55% percent and husband receives
45% percent. That adjustment shall be made from either thll joint money market account
with Vanguard funds or the joint mutual fund with Vanguard.
Each party will retain the household tangible personal property presently
in his or her possession free of any claims of the other party.
10
ANALYSIS OF THE FACTORS AS SET
FORTH IN SECTION 3701(b)
OF THE DOMESTIC RELATIONS CODE
When the factors ofthe Section 3502(a) analysis overlap with the factors
in the Section 370l(b) analysis, the analysis under Section 3502(a) is incorporated herein.
Additional factors to be considered in Section 370l(b) detelmining the nature, amount,
duration, and manner of payment of alimony are as follows:
4. Neither party has indicated an expectation of receiving funds or assets from
sources other than earnings. Neither party indicated any expectation of
inheritances.
11. Both parties made contributions to the marriage from pre-marital assets,
husband in an amount of$16,836.80 and wife in an amount of$7,9l8.00
Additionally, both parties contributed to the acquisition and maintenance of the
marital estate including the marital real estate.
12. In addition to her earnings from her part-time employment, wife was the
primary caretaker of the marital home and children.
13. Wife has been assigned an earning capacity; however, husband based on his
education and prior employment skills has the potential for earning
substantially more than wife. Wife's relative needs will be met through
assistance from husband as he is able. Husband's needs will be met through
his employment although as previously noted, allter the severance package has
been depleted, husband's status will have to be reviewed with respect to his
income as well as wife's contribution from husband.
14. No specific testimony was offered on the factor of marital misconduct.
15. The tax ramifications of alimony for federal tax purposes will be that alimony
will be treated as income to wife and as a deduction for husband.
16. Although wife is receiving tangible assets having a considerable value,
nevertheless, her income situation does not allow her sufficient funds to
provide for her reasonable needs even considering the assigned earning
capacity. Consequently, husband's continued contribution to wife is
necessary for wife to be able to maintain a comfortable standard ofliving.
17. Although wife is capable of income earnings in excess of what she is currently
making through her employment, nevertheless she is not capable of
11
supporting herself in a manner sufficient to allow for her needs consistent with
the standard of living to which she was accustomed during the marriage.
DISCUSSION
ALIMONY
The Master believes that alimony is necessary for wife's continued
maintenance and support. The Master has considered the stipulations of the parties, the
findings offact, the analysis of the factors under Section 3701(b) of the Domestic
Relations Code and the scheme of equitable distribution as recommended herein.
Wife's earning capacity was an issue at the trial. Husband took the
position that wife could work more hours instead of her part-time schedule at the
hairfbeauty shop. Husband also suggested wife could get another job which would
provide a full weekly schedule with benefits. The Master does not find, however, that
wife should have to give up her profession to take a full-time job doing some other kind
of work; however, the Master does agree with husband that wife could use her skills in
her current employment environment by extending her hours weekly. Therefore, the
Master has assigned wife an earning capacity of an additional $500.00 per month.
Wife respect to husband's income, currently he is receiving his severance
package and the net monthly income was discussed with counsel at the hearing at which
time we arrived at the figure set forth in the findings of fact. However, we all agreed that
husband's future employment situation is unknown and whl:n the severance package
benefits cease, husband will either still be looking for a job or will have found a position
which most likely will provide a different net monthly income. In either event, husband's
12
alimony obligation will have to be reviewed in light of the changed circumstances.
Husband or wife at that time can choose to petition the Court for a review.
Another factor that the Master has considered is husband's continuing
obligation for child support for the daughter still living with wife. Considering wife's
additional assigned earnings and her alimony income, the child support obligation should
be in the amount of $600.00 to $700.00 per month. This expense to husband from his net
monthly income cannot be ignored in determining his alimony obligation. Likewise, the
Master has considered the additional expense to wife in providing for her own medical
insurance coverage.
RECOMMENDATION
ALIMONY
Husband shall pay to wife the sum of $650.010 per month through the
Cumberland County Domestic Relations Office to begin upon the entry of a divorce
decree in these proceedings. The amount and duration of alimony shall be subject to
modification and termination on petition of either party as allowed under Section 3701 (e)
of the Domestic Relations Code. Specific termination provisions in the Domestic
Relations Code will also apply.
13
RECOMMENDATION
COUNSEL FEES AND EXPENSES
Although wife raised a claim for counsel fe,:s and expenses, no testimony
was offered in support ofthis claim; therefore, wife's claim for counsel fees and expenses
is denied.
Respectfully submitted,
[)2uf1~~
E. Robert Elicker, II
Divowe Master
14
LINDA R. McNELLY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 02-71 CIVIL TERM
JEFFREY A. McNELLY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
STIPULATION AS TO ASSETS
The above parties, by their counsel, stipulate and agree to the identity and value of
the following assets:
I. Residence at 102 Haldeman Avenue, New Cumberland, P A
Net Equity
$207,500.00
$ 92,037.001
2. Joint money market account with Vanguard Funds
3. Joint mutual fund with Vanguard GNMA
$ 39,585,00
4. Joint account in Vanguard Windsor II Fund
$ 84,420.00
5. Husband's SEP-IRA with Vanguard Funds
$ 46,318.00
6. Husband's IRA with Wellington Funds
8. Husband's SEP-IRA with U.S. Growth Funds
$130,053.00
$ 10,011.002
$ 7,100.003
7. Husband's SEP-IRA with 500 Index Fund
I For purposes of equitable distribution, the joint Vanguard Money Market Account has a value of
$92.037.00. However, by agreement of the parties, Wife received a prior advance distribution in the
amount of$32,845.00 from that account, which reduces its preselll balance to $59,192,00, Wife's share of
the equitable distribution award should be credited with the $32,845.00.
2 Husband made deposits into this IRA after separation and those contributions have been excluded. The
value set forth above is the value of the marital portion of this account.
3 Husband made deposits into this IRA after separation and those contributions have been excluded. The
value set forth above is the value of the marital portion of this account.
$782,694.00
as OT~(,,)20D'1
I (~Ff~).{)^
a~ount was:';:'~ ;~~ir-~
as part of an advance distribution of marital property. Thu has a ;;.xy been aw~is account and
his share of whatever equitable distribution is awarded should be charged with $24,337,00 marital value
distributed to Husband.
9. Husband's SEP-IRA Broker Account
10. Husband's Roth IRA Broker Account
11. Husband's Roth IRA Vanguard Money Market Account
12. Husband's Roth IRA Total Stock Index Fund
13. Husband's Simple IRA Vanguard Prime Cap A(:count
14. Husband's Simple IRA Vanguard Money Market Account
15. Husband's Simple IRA Vanguard Star Fund Ac';ount
16. Wife's SEP-IRA Vanguard Small Cap Account
17. Wife's Roth IRA Prime Money Market Account
18. Wife's Roth IRA Stock Index Fund
19. Wife's Simple IRA Prim Cap Account
20. Wife's household checking account with Harris Savings
Association
21. Wife's business checking account at Harris Savings
Association
22. Husband's checking account with Commerce Bank
P~v'+;e.s, 511- pJ~+-e. 10
TOTAL
4€1:>t- V c~t.(~S
$ 24,337.004
$ 8,508.005
$ 1,755.00
$ 3,080.00
$ 21,898.00
$ 1,009.00
$ 4,835.00
$ 42,652.00
$ 6,709.00
$ 3,081.00
$ 33,546.00
$ 1,410.00
$ 4,661.00
$ 8,189.00
, The value of this account is the amount listed above. However, this account was transferred to Husband
as part of an advance distribution of marital property. Thus he has already been awarded this accounl and
his share of whatever equitable distribution is awarded should be charged with $8,508.00 marital value
distributed to Husband.
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LINDA R. McNELLY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 02-71 CIVIL TERM
JEFFREY A. McNELLY,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the Court for entry of a
Divorce Decree:
1. Ground for divorce: irretrievable breakdown under Section (XX) 3301(c) ()
330l(d) of the Divorce Code.
2. Date and manner of service of the Complaint: January 14, 2002 by Acceptance of
Service.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent and Waiver of Counseling
required by Section 330l(c) of the Divorce Code: by Plaintiff: June 16,2003; Defendant: June 23,
2003.
(b) (1) Date of execution of the Plaintiffs Affidavit required by Section 330l(d) of
the Divorce Code:
(2) Date of service of the Plaintiffs Affidavit upon the Defendant:
4. Related claims pending: All claims of record have been settled pursuant to the Master's
Report filed on May 12, 2004.
5. Date and manner of service of Notice of Intentioll to file Praecipe to
Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d)
of the Divorce Code:
or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree
under Section 3301 (c) ofthe Divorce Code: by Plaintiff: __; by Defendant:
and, date of filing of the Waiver of Notice of Intention to Request Entry ofa Divorce
Decree: by Plaintiff: June 16,2003; by Defendant: June 23, 2003.
JAMES, SMITH, DIETTERRICK & CONNELLY LLP
Date: f..p -9 -DL(
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LINDA R. McNELLY,
Plaintiff
v.
NO. 02-71 CIVIL TERM
JEFFREY A. McNELLY,
Defendant
It appearing that the Master's report in the above stated case has been filed for ten
(10) days, that no exceptions have been filed thereto, that the costs have been fully paid
and that all the requirements of law and Rules of Court have been met, you are hereby
directed to submit the said case to the Court of Common Pleas of Cumberland County,
Pennsylvania, at the next sitting thereof.
TO:
tJ}Lo) !L~
Pr thon tary
DATED: .Jl1JlliJ 14 :l00 ~
j
I, , Prothonotary of the Court of Common Pleas
of Cumberland Co nty, ennsy, ania do hereby certify that the costs in the above stated
case, have all been paid, inclu ng the Master's fee.
~ Pro tho
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IN THE COURT OF COMMON PLEAS
.
OF CUMBERLAND COUNTY
STATE OF
.
LINDA R. McNELLY,
.
Plaintiff
VERSUS
JEFFREY A. McNELLY,
Defendant
.
.
PENNA.
.
.
.
No.
02 - 71 CIVIL
.
.
.
.
.
DECREE IN .
.
.
DIVORCE ;r 7:"".4.}14. .
.
. :r~ /~ p'l, IT IS ORDERED AND .
AND NOW, .
.
.
DECREED THAT Linda R. McNelly .
, PLAINTIFF, .
AND Jeffrey A. McNelly DEFENDANT,
.
.
.
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
.
.
.
.
.
The attached Master's Report filed with the Prothonotary on
May 12, 2004 is
.
.
.
in~ this Decree in Divorce. :
. ~ :
Am'~~
U PROTHONOTARY
BY
J.
.
.
.
.
.
.
.
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LINDA R. McNELLY,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 02-71 CIVIL TERM
JEFFREY A. McNELLY,
Defendant/Petitioner
CIVIL ACTION - LAW
IN DIVORCE
PETITION TO MODIFY ALIMONY AND
RETURN OF PERSONAL PROPERTY
AND NOW, comes the Petitioner/Defendant, Jeffrey A. McNelly, by and through his
counsel, John J. Connelly, Jr., Esquire of James, Smith, Dietterick & Connelly, LLP and files
this Petition as follows:
1. The Petitioner is Jeffrey A, McNelly who currently resides at 19920 North 23'd
Avenue #1039, Phoenix, Arizona 85027 and is the Defendant in the above-captioned action.
2. The Respondent is Linda R. McNelly who currently resides at 102 Haldeman
Avenue, New Cumberland, Pennsylvania 17070 and is the Plaintiff in the above-captioned action,
3, The Respondent filed for divorce on January 7, 2002.
4. On June 22,2004, a Divorce Decree was issued in the above-captioned matter
attached thereto was the Master's Report filed with the Prothonotary on May 12,2004 which was
incorporated into the Decree.
5. In said report on page 13, the Master awarded alimony to Respondent in the sum of
$650.00 per month. The said alimony was subject to modification and termination upon petition of
either party.
6. The Master specifically provided on page 3, paragraph 5 of the report that upon the
termination ofthe consulting services and the passing of 18 months of Petitioner's severance which
occurred on July 31, 2005, "a review of his employment status and income will have to be
undertaken". Based on the current circumstances of the Petitioner, he is requesting that the Court
terminate the continuing alimony payment.
7. Respondent was awarded approximately $220,000.00 in the form of cash accounts
either pre or post tax and was also awarded the parties' real estate located at 102 Haldeman Avenue,
New Cumberland, Pennsylvania without a mortgage valued at $205,,000.00 at that time. She is a
hairdresser working only 15 to 20 hours per week and is therefore not maximizing her earnings.
There are no minor children in her household.
S, It is believed and therefore averred that she has the earning potential of between
$35,000.00 and $45,SOO.00 per year not accounting for unreported cash tips.
9. Since the completion ofthe divorce action in June of2004, the Respondent has
purchased a new vehicle and taken several vacations. It is estimated that her current net worth
considering increase in value of real estate and investments awarded to her is well in excess of
$500,000.00 at the current time.
10. Respondent continually agreed throughout the process including after the entry of
the Divorce Decree that she would share with Petitioner family photographs and videos and in
spite of repeated attempts to accomplish that division, has failed and refused to do so.
I I. Petitioner believes and therefore avers that Respondent is cohabiting with a
boyfriend at least on holidays and weekends which affects her economic status and eliminates
her right to alimony.
12. Petitioner is 51 years of age and in deteriorating health. Petitioner suffers from
osteoarthritis, high blood pressure, sleep apnea, high cholesterol and has had major surgery
including transposition of ulnar nerve and cervical disc fusion. H(~ is currently working full time
at his consulting business at approximately half his prior income.
2
13. As indicated previously, in spite of repeated attempts to secure copies of the
family photographs, Respondent has failed and refused to do so therefore necessitating the filing
of a Petition to require her to complete that division. Petitioner has incurred counsel fees in his
attempts to secure the said photos, copies of bills incurred for that purpose will be provided at the
time of hearing.
WHEREFORE, Defendant/Petitioner is hereby requesting to terminate the alimony and
order Plaintiff/Respondent to return one-half of the family photographs and pay counsel fees
incurred by Petitioner.
Respectfully submitte:d,
JAMES, SMITH, DIETTERICK
& CONNELLY, LLP
Dated: ~
By:
Jphn
Atto e I.D. 15615
P.O. Box 650
Hershey, P A 17033-0650
(717) 533-3280
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Attorneys for DefendantlPetitioner
3
.
VERIFICATION
I verify that the statements made in this Pleading are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
Date:
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LINDA R. McNELLY,
PlaintifflRespondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 02-71 CIVIL TERM
JEFFREY A. McNELLY,
Defendant/Petitioner
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for
the Petitioner, Jeffrey A. McNelly, hereby certify that I have served a copy of the foregoing Petition
on the following on the date and in the manner indicated below:
VIA V.S MAIL, FIRST CLASS. PRE-PAID
Samuel 1. Andes, Esquire
525 North Twelfth Street
Lemoyne, P A 17043
JAMES, SMITH, nIETTERlCK
& CONNELLY, LLP
Dated: ~
By:
1\
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Attorneys for Petitioner,
Jeffrey A. McNelly
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C(,
LINDA R. McNELLY,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. 02-71 CIVIL TERM
JEFFREY A. McNELLY,
Defendant/Petitioner
: CIVIL ACTION - LAW
: IN DIVORCE
AND NOW, this /;)" tJ...
ORDER /
day of V~/~tUl'l;z./ ,2006, upon consideration of
Plaintiffs Petition to ModifY Alimony and Return of Personal Property, a hearing is scheduled
for MILe-A ;;. 7 , 2006, at 9 ; CJO ~ in the Cumberland County Courthouse,
Courtroom No. L One Courthouse Square, Carlisle, Pennsylvania.
Bye
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LINDA R. McNELLY,
Plaintiff
vs.
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 02-71 CIVIL TERM
JEFFREY A. McNEIL Y,
Defendant
IN DIVORCE
NOTICE
TO DEFENDANT NAMED HEREIN:
YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED COUNTERCLAIM
WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEF AUL T JUDGMENT MAY
BE ENTERED AGAINST YOu.
~.~CJ~
Samuel L. Andes
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, P A 17043
(717) 761-5361
11
6
LINDA R. McNELLY, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
)
) NO. 02-71 CIVIL TERM
JEFFREY A. McNELLY, )
Defendant ) IN DIVORCE
PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION TO MODIFY ALIMONY
AND FOR RETURN OF PERSONAL PROPERTY AND COUNTERCLAIM TO SAME
AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and
makes the following Answer and Counterclaim to the Defendant's Petition:
], Plaintiff is not aware of Defendant's current residential address but does not deny
the averments set out in Paragraph 1, assuming them to be accurate.
2 through 5. Admitted.
6. Plaintiff admits the quotation from the Master's report but denies that Defendant is
currently entitled to a reduction of his alimony payments based upon his realistic earning
capacity,
7. Admitted in part and denied in part. It is admitted that Plaintiff was awarded
various cash and non-cash assets as a result of the divorce action but is averred that Defendant,
as well, was awarded substantial financial and other assets in the divorce action. In addition to
those assets, Defendant holds substantial cash and financial assets on behalf of his father which
mayor may not be available to Defendant, now or in the future, to meet his financial needs.
Plaintiff admits that she is a hair dresser but states that she works more than fifteen to twenty
hours per week and states that, in fact, she works as much as her customer-load permits and
makes practical. By way of further answer, Plaintiff states that all of these matters were in the
evidence considered and weighed by the Master in making his alimony award.
'I
.
8, Denied. Plaintiff's earning capacity is exactly what she earns from her current
employment, The arguments advanced here by Defendant were considered and rejected by
the Master because they did not reflect accurately Plaintiff's earnings or earning capacity.
9. Admitted in part and denied in part. It is admitted that Defendant purchased
another vehicle but the vehicle is modest and was not expensive. It is admitted that Plaintiff
has taken some vacations, but those vacations were not expensive and are within Plaintiff's
financial means. Plaintiff denies that her net worth is $500,000.00.
10, Denied. Prior to the parties' separation, Defendant removed from the marital
residence the albums in which the family photographs had been kept. Although Defendant
denied having possession of those photo albums, Plaintiff knows that he took them and has
refused to return them. Plaintiff tried throughout the course of the litigation to resolve the
matter of family photographs and videotapes but was not able to do so, primarily because of
Defendant's refusal to cooperate. The Master decided this issue by declining to enter an order
related to the photographs and videos and, when the divorce became final, all objections or
claims relating to those items were resolved and all claims by Defendant were waived.
11. Denied. Plaintiff admits that she has a boyfriend but denies that she cohabits with
him or that he provides any significant financial assistance to her or her household.
12. Denied. After reasonable investigation, Plaintiff is without information as to
Defendant's current health because that information is within the control of Defendant so
Plaintiff denies the averments in this paragraph and demands proof thereof at trial. By way of
further answer, Plaintiff states that Defendant was gainfully employed in the Central
Pennsylvania area, earning sufficient income to pay his alimony without difficulty, and
voluntarily left that employment to move to Arizona.
13. Denied. Prior to the conclusion of the litigation in this matter, Plaintiff attempted
to resolve the issue of the family photographs and videos and her efforts included her requests
that Defendant returned the items in his possession or allow them to be duplicated, During
the process, Plaintiff made available to Defendant copies of numerous family photographs.
With the conclusion of the Master's hearing and the entry of the final decree in divorce, all
claims for family photographs and videotapes were resolved by the court and further claims
II
.
by Defendant were waived at that time. Plaintiff herself has incurred substantial legal fees in
defending herself from Defendant's claims regarding these matters, m any of which were
made and repeated after the conclusion of the litigation, and in her own efforts to obtain the
recovery of photographs and other items which Defendant himself removed from the family
residence, These disputes were created and continued by Defendant without justification and,
as a result of that, Defendant should pay Plaintiff her counsel fees and costs incurred in
defending herself from this claim,
WHEREFORE, Plaintiff asks this court to dismiss Defendant's petition and award to her
the attorneys fees and costs she incurs in defending the petition.
COUNTERCLAIM
Plaintiff hereby asserts the following counterclaim against the Defendant in this matter:
COUNT I - INSURANCE PROCEEDS FROM SALE OF VEHICLE
14, At the time of the proceedings before the Master, the parties agreed that a 1998
Plymouth Sundance vehicle belonged to their children and the Master excluded that vehicle as
marital property in recognition of the parties agreement that it belonged to the children.
Thereafter, one of the children demolished the vehicle in an accident and, as a result of
that, the insurance company paid approximately $1,600.00 for the loss of the vehicle.
15. Because Defendant had refused to transfer the title to the vehicle to the child's
name, the insurance proceeds were divided equally between Plaintiff and Defendant. Plaintiff
properly used her portion of the insurance proceeds to purchase a replacement vehicle for the
parties' children, Defendant simply retained his share of the proceeds, in the amount of
$779.10, and refused to deliver them to the children or apply them to the purchase of a
replacement vehicle.
16, As a result of his conduct, Defendant has been unjustly enriched, at the expense of
Plaintiff, who had to purchase the replacement vehicle for the parties' children, in the amount
--- 'I
of $779.10. In addition, Plaintiff has incurred and will incur substantial expense in the form of
attorneys fees and expenses, to recover the money to which she is entitled from the loss of the
vehicle.
WHEREFORE, Plaintiff prays this court to order and require the Defendant to pay her
$779.10, plus interest from the date Defendant received the insurance portends, plus Plaintiff's
attorneys fees and costs incurred in this matter.
COUNT Il- MEDICAL EXPENSES FOR CHILDREN
17. During the course of the marriage and while the divorce action was pending,
Defendant was ordered by this court to pay a portion of the unreimbursed medical expenses
for the parties' children. Plaintiff duly and properly submitted evidence of the unreimbursed
expenses she paid for the parties' minor child for the year 2003 and Defendant has refused to
make any payment for that amount.
As a result of his conduct, Defendant, by avoiding his obligation to Plaintiff and to this
court, has been unjustly enriched in the amount of $623.50, that being the amount Defendant
owes Plaintiff for his portion of the unreimbursed medical expenses.
WHEREFORE, Plaintiff prays this court to order and require the Defendant to pay her
$623.50, plus interest from 31 December 2003, plus the attorneys fees she has incurred and will
incur to recover this amount from Defendant.
, _.5~,~Q-Or-
Samuel L. Andes
A ttorney for Plaintiff
Supreme Court 10 # 17225
525 North 12'h Street
Lemoyne, Pa 17043
(717) 761-5361
I'
J.
I verify that the statements made in this document are true and correct. I
understand that any false statements in this document are subject to the penalties of 18
Pa. C.S. 4904 (unsworn falsification to authorities).
Date:
\ j/ ~/t76
~/#~ ~~~
LINDA R. MeN LL Y
- IT
CERTIFICATE OF SERVICE
I hereby certify that J served an original of the foregoing Answer & Counterclaim
upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as foJlows:
John J. ConneJIy, Jr., Esquire
P,O. Box 650
Hershey, Pa 17033
Date: ~Jlol Du
~~~:n~' LfkuluM
Secretary for Samuel L. Andes
.
LINDA R. McNELLY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 02 -71 CIVIL TERM
JEFFREY A. McNELLY,
Defendant
; CIVIL ACTION - LAW
: IN DIVORCE
AND NOW, this
1-'J~
ORDER
day of ~
, 2006, upon the
Stipulation of the parties, we enter the foJIowing Order;
I. The alimony order in this matter is terminated with prejudice. The Defendant is
not obligated to make any further payments of alimony after the payment he made in February
2006.
2. All claims raised by the Defendant in the Petition and the Plaintiff in the Answer
and Counterclaim are also terminated with prejudice. The parties shall make no further claims
against the other arising out of their marriage or the Master's
By
J.
Distribution:
~uel L. Andes, Esquire (Attorney for Plaintiff)
525 North Twelfth Street, Lemoyne, P A 17043
.)dhn J. Connelly, Jr., Esquire (Attorney for Defendant)
P.O. Box 650, Hershey, PA 17033
\
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l,: "oJ "cUllU""
AHV~L:'i ;,_" I 3f-li :!O
: .:.;C'i.{BlL.J
LINDAR. McNELLY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 02 -71 CIVIL TERM
JEFFREY A. McNELLY,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
STIPULA nON
WHEREAS, the Defendant filed a Petition to ModifY Alimony and Return of Personal
Property in this matter on January 6, 2006; and
WHEREAS, the Plaintiff filed an Answer and Counterclaim to the Defendant's Petition.
NOW, THEREFORE, in consideration of the mutual covenants contained in this
Stipulation the parties agree as follows:
I. The alimony order in this matter is terminated with prejudice. The Defendant is
not obligated to make any further payments of alimony after the payment he made in February
2006. The parties agree that the alimony order shall be not be reinstated for any reason.
2. All claims either party may have against the other arising out of the marital
relationship or the report of the Master dated May] 2, 2004 are hereby terminated with prejudice
and shall not be reinstated at any point in the future.
3. Counsel for the parties represent to the Court that they are authorized to execute
this Stipulation and settle the matter in accordance with the Stipulation on behalf of their clients
and further agree that the Court shall enter the attached Order to resolve all matters now pending
as a result of the Defendant's Petition and the Plaintiff's Answer and Counterclaim.
~L.A~
Attorney for Plaintiff
Supreme Court J.D. #17225
-'