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HomeMy WebLinkAbout02-0518IN THE COURT OF COMMON PLE~M OF CUMBEI:tT,AND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY, Plaintiff V. JENNIFEI~ A. FOGAI~TY, Defendant CIVIL ACTION - LAW No. TO: JENNIFER A. FOGAI~TY NOTICE TO DEFEND AND CLAT~ i:tIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the cl~.lms set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment maybe 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. V~hen 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, Cameron County Courthouse, Emporium, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOI~ ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES 01~ EXPENSES BEFOI~E A DIVORCE 01~ ANNULMENT IS Glt~kNTED, YOU MAY LOSE THE i~IGHT TO CLAIM ANT OF THEM. YOU SHOULD TA_EE THIS PAPEl% TO YOUI~ LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYEI~ O1% CANNOT AFFORD ONE, GO TO O1~ TELEPHONE THE OFFICE SET FOP, TH BELOW TO FIND OUT WI-IEEE YOU CAN GET LEGAL HELP. Court Administrator Thl~,d Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 249-n33 IN TIKE COUI~T OF COlVIMON PLEAS OF C~ERLAND COUNTY, PENT{SYLVAIIIA FOGARTY, Plai~tlff CHAB,T.ES M. V. JENNIFER A~ FOGARTY, Defendant : CIVIL ACTION - LAW : NO. 0h- COMPLAINT IN DIVORCE UNDER SECTION SSOi(c) OF ~ DIVOI~CE CODE 1. The Plaiutiff is Charles M. Fogarty, who currently resides at 617 Gutsball Boad, Bo~ltr~ Sprlr~s C~mberland County, Pennsylvania. 2. The Defen~aut is Jennifer A. Fogar~y, who cu~ntly resides at 617 Gutshall l~oad, Bo~ltug Sprin~s C~r~berland County, Pennsylvania. 3. l~a~t,~ff has been a bona fide resident ~n the Co~r~onwealth for at least six ~onths ~r~ediately previous to the ~ug of this Comp~alut. 4. The Pla~utiff and Defendant were ma,Tied on November 3, 1990, at Mechanlcsburg, Pennsylvania pa~ies are the natural parents of the following Dar, ed §.The children: Jacob M. Fogarty box-n December 30, 1993 Anne E. Fogartyborn June 17, 1995 There have been no prior actions of dlvorce or for ann,,lment between the parties. 7. The marriage is irretrievably broken. 8. The Pl~l~tiffhas been advised that counseling is available and that p]A.lntlff rn~y have the right to request that the court req~t~e the parties to participate in counseling. 9. The EA.tntiff requests the court to enter a decree of divorce. theWW~.REFOP, E, I'l a.~ntiff dom ~nd ~ ju~ ~the ma,Tinge between parties. ~tobert~. ttade~, 912 North ]~ive~ ]~al~fa~, PA 1703~ ~~ for Pl~.~nt~ (717)896-2666 IN THE COURT OF COMMON pT,EAR OF CUMBERLAND COUNTY, PENNSYLVAI~& CHABJ.E8 M. FOGARTY, Plaint. Iff V. JENNIFEI~ A~ FOGARTY, Defends.ut CIVIL ACTION - LAW NO. IN COURT OF COMMON PLEAS OF C YM1qEI LAND COUNTY, PENNSYLVANIA CHAB.V.ES M. FOGARTY, : Plainttff : V. : a-ENNIFEI~ A. FOGARTY, : NO. fda -- ~q ~ Defendant AFFIDAVIT OF NON-lWT~,ITARY SERVICE CML ACTION - LAW iN) i~ rn and says that: 1. CHAB. V.w,8 M. FOGARTY is the l~atutlff in the above captioned divorce action; 2. That the Defendant is 34 years of age; 3. That JENNIFER A. FOGARTY resides at 617 Gutshall Road, Bo~l~ng Springs Ch~rnberland County, Pennaylv~nta. 4. Defendant is employed as a para legal. 5. That Defendant, JENNIFEI~ A. FOGAI~TY, is not In the rn~lttary or naval services of the United States or its ~]~es, or is othe~vise within the provision~ of the Soldiers and Sa~ors Civil Relief Act of Congress of 1940 and its ~men~rnents. Swo~-~ and subs~ before me thls ~Q~ ~ of ~-~~__~, 2001. i ~TA~AL 8~L I dOANNE M. BLOSE. Nota~ Publ~ ~ ~ ~lsburg. Dau~in ~oun~ M~ ~ommtssion Ex,res April 8. ~00~ IN THE COUI~T OF COMMON PLEAS OF CUMBEP~LAND COUNTY, PENNSYLVANIA CI-IA_R~ES M. FOGAi~TM, P1s.iuti~ JENNIFER A. FOGA_RTY, Defendant CML ACTION - LAW NO. 02-518 Civil Term ACCEPTANCE OF SEi~VICE I, JENNIFEI~ A. FOGAI~TM, the Defendant in the above entitled action and that I do hereby accept Service of the Complaint in said action on this ~__~day of ~002. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY Plaintiff V. JENNIFER A. FOGARTY Defendant CIVIL ACTION - LAW NO. 02-518 CIVIL TERM STIPULATION FOR QUALIFIED DOMESTIC RELATIONS ORDER AND NOW this~-~0. day of between the parties as follows: ,2002, it being agreed to by and The parties hereto are husband and wife and a divorce action is presently pending in this Court at the above number. Charles M. Fogarty, 177-42-4319, hereinafter referred to as Plaintiff or Participant, is the holder of a Prudential IRA account No. 02807765336 in the approximate value of $6,250.00. Charles M. Fogarty, 177-42-4319, hereinafter referred to as Plaintiff or Participant, is the holder of a Vanguard Roth IRA account No. 9925194762 in the approximate value of $23,565.64. Jennifer A. Fogarty, 183-50-7982, hereinafter referred to as Defendant or Alternate Payee, pursuant to Marriage Settlement Agreement executed by the parties is entitled to a portion of each of the accounts above-noted. Plaintiff's current and last known mailing address is 617 Gutshall Road, Boiling Springs, Pennsylvania 17007. Defendant's current and last known mailing address is 640 Allenview Drive, Mechanicsburg, Pennsylvania 17055. The entire Prudential IRA shall be transferred to wife and the sum of $3,565.00 from the Vanguard Roth IRA shall be transferred to wife. The Alternate Payee shall have the same rights with regard to her portion of the Plan as are available to the Participant with regard to his remaining portion of the account. These rights include but are not limited to the right to designate a beneficiary of retirement benefits and the right to elect from the then existing retirement dates and payment options. In no event shall the Alternate Payee have greater rights than those which are available to Participant. The Alternate Payee is not entitled to any benefit not otherwise provided under the accounts. The parties shall notify the account holder of any change in their addresses from those set forth in the Order and 10. The parties shall promptly submit this Order to the Prudential and Vanguard Account Administrators for determination of its status as a Qualified Domestic Relations Order. APR 2 8 2002' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY Plaintiff V. : JENNIFER A. FOGARTY Defendant CIVIL ACTION - LAW NO. 02-518 CIVIL TERM QUALIFIED DOMESTIC RELATIONS ORDER AND NOW this ~ day of ~ t~ ~ [ ,2002, it appearing to the Court that The parties hereto are husband and wife and a divorce action is presently pending in this Court at the above number. Charles M. Fogarty, 177-42-4319, hereinafter referred to as Plaintiff or Participant, is the holder of a Prudential IRA account No. 02807765336 in the approximate value of $6,250.00. Charles M. Fogarty, 177-42-4319, hereinafter referred to as Plaintiff or Participant, is the holder of a Vanguard Roth IRA account No. 9925194762 in the approximate value of $23,565.64. Jennifer A. Fogarty, 183-50-7982, hereinafter referred to as Defendant or Alternate Payee, pursuant to Marriage Settlement Agreement executed by the parties is entitled to a portion of each of the accounts above-noted. Plaintiff's current and last known mailing address is 617 Gutshall Road, Boiling Springs, Pennsylvania 17007. efendant s current and last known mmhng address is 640 Allenview Drive, Mechanicsburg, Pennsylvania 17055. IT IS ORDERED, ADJUDICATED AND DECREED as follows: The entire Prudential IRA shall be transferred to wife and the sum of $3,565.00 from the Vanguard Roth IRA shall be transferred to wife. The Alternate Payee shall have the same rights with regard to her portion of the Plan as are available to the Participant with regard to his remaining portion of the account. These rights include but are not limited to the right to designate a beneficiary of retirement benefits and the right to elect from the then existing retirement dates and payment options. In no event shall the Alternate Payee have greater rights than those which are available to Participant. The Alternate Payee is not entitled to any benefit not otherwise provided under the accounts. The parties shall notify the account holder of any change in their addresses from those set forth in the Order and The parties shall promptly submit this Order to the Prudential and Vanguard Account Administrators for determination of its status as a Qualified Domestic Relations Order. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY Plaintiff V. JENNIFER A. FOGARTY Defendant CIVIL ACTION - LAW NO. 02-518 CIVIL TERM STIPULATION FOR QUALIFIED DOMESTIC RELATIONS ORDER AND NOW this ~-~ day of -.~_ ~ between the parties as follows: ,2002, it being agreed to by and The parties hereto are husband and wife and a divorce action is presently pending in this Court at the above number. Charles M. Fogarty, 177-42-4319, hereinafter referred to as Plaintiff or Participant, is the holder of a Prudential IRA account No. 02807765336 in the approximate value of $6,250.00. Charles M. Fogarty, 177-42-4319, hereinafter referred to as Plaintiff or Participant, is the holder of a Vanguard Roth IRA account No. 9925194762 in the approximate value of $23,565.64. 7 Jennifer A. Fogarty, 183-50-7982, hereinafter referred to as Defendant or Alternate Payee, pursuant to Marriage Settlement Agreement executed by the parties is entitled to a portion of each of the accounts above-noted. Plaintiff's current and last known mailing address is 617 Gutshall Road, Boiling Springs, Pennsylvania 17007. Defendant's current and last known mailing address is 640 Allenview Drive, Mechanicsburg, Pennsylvania 17055. The entire Prudential IRA shall be transferred to wife and the sum of $3,565.00 from the Vanguard Roth IRA shall be transferred to wife. The Alternate Payee shall have the same rights with regard to her portion of the Plan as are available to the Participant with regard to his remaining portion of the account. These rights include but are not limited to the right to designate a beneficiary of retirement benefits and the right to elect from the then existing retirement dates and payment options. In no event shall the Alternate Payee have greater rights than those which are available to Participant. The Alternate Payee is not entitled to any benefit not otherwise provided under the accounts. The parties shall notify the account holder of any change in their addresses from those set forth in the Order and 10. The parties shall promptly submit this Order to the Prudential and Vanguard Account Administrators for determination of its status as a Qualified Domestic Relations Order. fNNIFt[$~R A. ~I~Y ~ IN THE COURT OF COMMON PLW, A,q OF CUMBElqT,AIII) COUNTY, PENNSYLVANIA CHARLES M. FOGA.RTY, Plaintiff V. JENNIFEI~ A. FOGA_RTY, Defendant CML ACTION - LAW NO. 02-518 CML TERM DIVORCE CONSENT WITH WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (c) OF THE DIVORCE CODE A complaint in divorce under §3301(c) of the Divorce Code was Fried on January 30, 2002. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed ~om the date of ftl~ng and service of the Complalut. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ff I do not claim them before a divorce is granted. 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 innnediately after it is filed with the Prothonotary. I veri~ that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ~___~~~ Social Security #: 177-42-4319 Charles M. Fogart~l~A.~ntlff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CPI_A_RLES M. FOGARTY, : PlaJ_utiff : V. : JENNIFER A. FOG3_RTY, : Defendant : CIVIL ACTION - LAW NO. 02-518 CIVIL TERM DIVORCE CONSENT WITH WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (c) OF THE DIVORCE CODE A complaint in divorce under §3301 (c) of the Divorce Code was filed on January 30, 2002. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed ~om the date of filing and service of the Compla&ut. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the ,decree. 4. I consent to the entry of a final decree of divorce without notice. 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. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn f~ls~a~ to authorities. Date. //, ~ ~3 Social Security #:183-50-7982 ~ IN THE COURT OF COMMON PLEAS OF CUMBEI:tL -D COUNTY, PENNSYLVANIA CHARLES M. FOGA_RTY, : Plaintiff : V. : JENNIFER A. FOGAI~TY, : Defendant: CML ACTION - LAW NO. 02-5.18 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Eindly transmit the record, together with the following information, to the Court for entry of a Divorce Decree: Grounds for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by Plaintiff, June 27, 2002, by Defendant November 5, 2003. (B) (1) Date of execution of the Pla~n.tLfffs affidavit requiredby Section 3301 (d) of the Divorce Code: None; (2) date of service of the Plal~tilTs affidavit upon the Defendant: None. Robert G l~a~el~ach, Esq 107 Locust Street Harrisburg, PA 17101 Attorney ~br Plaintiff Date and manner of service of the Complaint upon Defendant: Acceptance of Service by Defendant on February 10, 2002. Dated: November 13, 2003 INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. CHARL}~'~; M. FOGARTY PLAINTIFF VERSUS JENNIFER A. FOGARTY DEFENDANT NO. 02-518 CIVIL TERM DECREE IN DIVORCE AND NOW, 2003 __., IT lS ORDERED AND DECREED THAT CHARLES M. FOGARTY , PLAINTIFF, AND JENNIFER A. FOGARTY ,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; NONE