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HomeMy WebLinkAbout05-0319STEPHANIE L. DOPORCYK, Plaintiff V. DENNIS R. DOPORCYK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 319 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. Ajudgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FORALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 STEPHANIE L. DOPORCYK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005 - 316) CIVIL TERM DENNIS R. DOPORCYK, CIVIL ACTION-LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Stephanie L. Doporcyk, an adult individual who currently resides at 317 Steelstown Road, Newville, Cumberland County, Pennsylvania 17241-9699. 2. Defendant is Dennis R. Doporcyk, an adult individual who currently resides at 80 Potato Road, Apartment 1, Carlisle, Cumberland County, Pennsylvania 17013-7751. 3. Plaintiff and Defendant have been bona fide residents in 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 January 23, 1988 in Newville, Cumberland County, Pennsylvania. DIVORCE UNDER SECTION 3301(c) 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling. 9. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the Court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. DIVORCE UNDER SECTION 3301(d) 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have been living separate and apart since April 13, 2003 and will meet the criteria for a divorce under section 3301(d) on April 13, 2005. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. DIVORCE UNDER SECTION 3301(a) 12. Plaintiff hereby incorporates by reference paragraphs 1 through 11 above. 13. The Plaintiff, the injured and innocent spouse, is entitled to a divorce from the Defendant because the Defendant committed adultery prior to the parties' separation. 14. The Plaintiff, the injured and innocent spouse, is entitled to a divorce from the Defendant because the Defendant has offered such indignities to the Plaintiff to render the Plaintiffs condition intolerable and life burdensome. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant based upon the grounds set forth above. COUNT II -EQUITABLE DISTRIBUTION 15. Plaintiff hereby incorporates by reference paragraphs 1 through 14 above. 16. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT III COUNSEL FEES AND EXPENSES 17. Plaintiff hereby incorporates by reference paragraphs 1 through 16 above. 20. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 21. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 22. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expenses of this litigation. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of counsel fees, costs and expenses as are deemed appropriate. Respectfully submitted, Date: January ly , 2005 O'BRIEN, BARIC & SCHERER iw 'Michael A. Scherer, Esquire I.D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Stephanie L. Doporcyk mas%Domestic\Doporcyk\divorce.comp STEPHANIE L. DOPORCYK, Plaintiff V. DENNIS R. DOPORCYK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - CIVIL TERM CIVIL ACTION-LAW IN DIVORCE VERIFICATION I verify that the statements made in this Complaint in Divorce 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. St phanie L. Doporcyk Date: January J q , 2005 ?? ?`' ?'' ? .? ? ? ? ? ?\ 4 v' ? a o A' ?? STEPHANIE L. DOPORCYK, Plaintiff V. DENNIS R. DOPORCYK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2005-319 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE OF ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Dennis R. Doporcyk, in the above-captioned matter. DATE a U D5 Respectfully submitted, ABOM & KUTULAKis, LLP Kara W. Haggerty, Es 36 S. Hanover Street ' Carlisle, PA 17013 (717) 249-0900 ID No. 86914 CERTIFICATE OF SERVICE AND NOW, this 16th day of March, 2005, of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing Praecipe of Entry of Appearance by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 DATE ) I/ L Respectfully submitted, ABOM & KUTULAKrs, LLP C Kara W. Haggerty, Esq `r 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 ID No. 96914 STEPHANIE L. DOPORCYK, Plaintiff V. DENNIS R. DOPORCYK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2005-319 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE AND NOW, this 16`x' day of March, 2005, the defendant, Dennis Doporcyk, by and through his Attorney, Kara W. Haggerty, ofABOM&KDTULAKIs, LLP, files this Answer to Complaint in Divorce, as follows: i. It is admitted that Plaintiff is Stephanie L. Doporcyk, an adult individual who currently resides at 317 Steelestown Road, Newville, Cumberland County, Pennsylvania 17241-9699. 2. Denied. It is specifically denied that the defendant, Dennis R. Doporcyk, is an adult individual who currently resides at 80 Potato Road, Apt. 1., Carlisle, Cumberland County, Pennsylvania. By way of further answer, the defendant, Dennis Doporcyk, currently resides at 317 Steelstown Road, Newville, Cumberland County, Pennsylvania 17241-9699. 3. Admitted. 4. Admitted. DIVORCE UNDER SECTION 3301(c) 5. Defendant hereby incorporates by reference paragraphs 1 through 4 above. 6. Admitted. Admitted. 8. The Defendant is without sufficient information and knowledge to provide an answer to this averment. By way of further answer, the Defendant has been advised of the availability of counseling in that he may have the right to request that the court require the parties to participate in counseling. 9. The Defendant is without sufficient information or knowledge to answer this averment. By way of further answer, the Defendant requests the Court to Enter a Decree of Divorce. WHEREFORE, the Defendant requests the Court to enter a Decree of Divorce. DIVORCE UNDER SECTION 3301(d) 10. Defendant hereby incorporates by reference paragraphs 1 through 9 above. 11. Denied. It is specifically denied that the parties have been living separate and apart since April 13, 2003. It is specifically denied that the parties will meet the criteria for divorce under section 3301(d) on April 13, 2005. WHEREFORE, the Defendant requests the Court deny Plaintiff's request for a Decree of Divorce pursuant to section 3301(d) of the Divorce Code. DIVORCE UNDER SECTION 3301(a) 12. Defendant hereby incorporates by reference paragraphs 1 through 11 above. 13. Admitted in part, denied in part. It is specifically denied that the Plaintiff is the injured and innocent spouse that entitles her to a divorce. It is admitted that the Defendant committed adultery prior to the parties' separation; however, the parties did reconcile following that indiscretion. By way of further answer, the Defendant is entitled to a divorce from the Plaintiff because the Plaintiff committed adultery causing the parties' most recent separation. 14. Denied. It is specifically denied that the Plaintiff, the injured and innocent spouse, is entitled to a divorce from the Defendant because the Defendant has offered such indignities to the Plaintiff to render the Plaintiff's condition intolerable and life burdensome. WHEREFORE, the Defendant requests the Court deny Plaintiff's request for a Decree of Divorce in favor of the Plaintiff based on the grounds set forth above. COUNT II - EQUITABLE DISTRIBUTION 15. Defendant hereby incorporates by reference paragraphs 1 through 14 above. 16. Admitted. WHEREFORE, the Defendant respectfully requests this Honorable Court to enter a Decree which effects an equitable distribution of marital property. COUNT III - COUNSEL FEES & COSTS 17. Defendant hereby incorporates by reference paragraphs 1 through 16 above. 20. Denied. It is specifically denied that the Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 21. Denied. It is specifically denied that without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 22. Denied. It is specifically denied that Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, the Defendant respectfully requests this Honorable Court to deny an award of counsel fees, costs and expenses to be paid by the Defendant. Respectfully submitted, DATE 3 Ib J1,5 ABOM & KUTULAKis, LLP Kara W. Haggerty, Esq i e 36 S. Hanover Street v Carlisle, PA 17013 (717) 249-0900 ID No. 86914 CERTIFICATE OF SERVICE AND NOW, this 16th day of March, 2005, of Abom & Kutulakis, LLP, hereby certify that I did serve a true and correct copy of the foregoing Answer to Complaint in Divorce by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 DATE /L( Respectfully submitted, ABOM & KuTuLAKrs, LLP Kara W. Haggerty, Esq `r 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 ID No. 86914 '; ;?" STEPHANIE L. DOPORCYK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2005-319 CIVIL TERM DENNIS R. DOPORCYK, Defendant IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE To Curtis R. Long, Prothonotary: Please withdraw my appearance on behalf of the defendant, Dennis R. Doporcyk, in the above captioned case. ABOM & KUTULAKIS By: ^V v Ut C. L ( ?CC -? Kara W. Haggerty, E, 36 South Hanover S?r t Carlisle, PA 17013 Date: Z? QCO 717-249-0900 PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the defendant, Dennis R. Doporcyk, in the above captioned case. Date"" I,- Ch 9 0 00 6 IRWIN & cKNIG T By: Marc A. Mc , III, Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 .., c, -n tii 1 1't -1_. ??t'i `, l' ?..1 +) ), G t STEPHANIE L. DOPORCYK, Plaintiff V. DENNIS R. DOPORCYK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-0319 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter-Affidavit within twenty (20) days after this Affidavit has been served upon you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in January, 2005, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 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 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.A. § 4904 relating to unsworn falsification to authorities. DATE: g/61 St phanie L. Dop cyk 1 CERTIFICATE OF SERVICE I hereby certify that on January 11, 2007, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Plaintiff's Affidavit Under Section 3301(d) Of The Divorce Code, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, Pennsylvania 17013 C-n --< STEPHANIE L. DOPORCYK, Plaintiff V. DENNIS R. DOPORCYK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-0319 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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.A. § 4904 relating to unsworn falsification to authorities. DATE: / ? (5:7- 11, CERTIFICATE OF SERVICE I hereby certify that on January 11, 2007, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Waiver Of Notice Of Intention To Request Entry Of Divorce Decree Under Section 3301(c) and Section 3301(d) Of The Divorce Code, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, Pennsylvania 17013 J if . Lindsay C? n..a c ~ ? C7 N) _` GS jet STEPHANIE L. DOPORCYK, Plaintiff V. DENNIS R. DOPORCYK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-0319 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 14, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree in divorce without notice. 4. 1 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. 5. 1 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. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: C1 Stephanie. Doporcy f? CERTIFICATE OF SERVICE I hereby certify that on January 11, 2007, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of Plaintiff's Affidavit Of Consent and Waiver Of Notice Of Intention To Request Entry Of Divorce Decree Under Section 3301(c) Of The Divorce Code, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, Pennsylvania 17013 e nif S. indsa ? N v ' f . ?; IT CO - cn co -< STEPHANIE L. DOPORCYK, Plaintiff v. DENNIS R. DOPORCYK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-0319 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Defendant, Dennis R. Doporcyk, by his attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Defendant, Dennis R. Doporcyk, is an adult individual with an address of 317 Steelstown Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Plaintiff, Stephanie L. Doporcyk, is an adult individual with an address of 40 Graham Road, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the natural parents of two (w) minor children, namely, Nicole A. Doporcyk, born October 12, 1991, and Devin M. Doporcyk, born September 8, 1993. 4. The Defendant desires that the parties have shared legal custody of the minor children, Nichole A. Doporcyk and Devin A Doporcyk. 5. The Defendant desires primary physical custody of said minor children with periods of temporary physical custody to Plaintiff as the parties can agree. 6. The best interests and permanent welfare of the minor children requires that the Court grant the Defendant's request as set forth above. WHEREFORE, the Defendant, Dennis R. Doporcyk, respectfully requests that he be awarded primary physical custody and shared legal custody of Nicole A. Doporcyk and Devin A Doporcyk, as provided herein, with periods of temporary physical custody to Plaintiff as provided herein. Respectfully submitted, IRWIN & McKNIGHT By: III, Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: February 8, 2007 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. DENNIS R. DO RCY Date: Februarv 8. .2007 4 r J r""? ti .._ . ? ,...s .-'? ?? ^' V? wwY1 ?4?_ ?'; .v?? l I S._.t....S '' yl ? {'. -'{ ? . Ai ?^ ' ? STEPHANIE L. DOPORCYK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-0319 CIVIL TERM DENNIS R. DOPORCYK, CIVIL ACTION-LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Michael A. Scherer, attorney for the Plaintiff in the above-captioned divorce action, do hereby certify that I served a certified copy of the Complaint in Divorce to the Defendant, as per the attached U.S. Postal Service Certified Mail, return receipt card DATE: J=2 ?r'j 61- - Z D,:> 7 ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦' Attach this card to the back of the malipiece, or on the front if Space permits. 1.' f4rtlcle Addressed to: DENNIS R DOPORCYK 80 POTATO RD APT 1 CARLISLE PA 17ei3-7751 Respectfully Submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 A. Si attire D. Is delivery address Rerent from kern 1? ? Yes X ? Agent ? Addressee B. Received by (Prf 7Veme) C. Date of De livery L ? " c l? ? V 7 If YES, enter delivery address below: ? No . , 3. Service Type ® Certified Mail ? Express Mail ? Registered- ? Return Receipt for Merchandlse ? Insured Mali ? C.O.D. 4. Restricted Delivery? (Extre Fee) ® Yes 77 2. Arnae Number 7003 1010 0001 1187 0226 (rnvisfer ftm Service bw PS Form 3811, Februry 2004 Domestic Rseum Receipt h 02595-M-M-150 CZ) _.a i2 ?y " i N STEPHANIE L. DOPORCYK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-0319 CIVIL ACTION LAW DENNIS R. DOPORCYK IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, February 16, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on _ Friday, March 16, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinz. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1 C 14J 03 833 LODZ hi E Gtr ? 1.w a :_JlN.i JO i STEPHANIE L. DOPORCYK, Plaintiff V. DENNIS R. DOPORCYK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2005-0319 CIVIL TERM IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, this 22nd day of February 2007, comes the Defendant/Petitioner, Dennis R. Doporcyk, by his attorneys, IRWIN & McKNIGHT, and makes the following Petition for Economic Relief against the Plaintiff/Respondent, Stephanie L. Doporcyk, as follows: 1. The Petitioner is Dennis R. Doporcyk who is the Defendant in a divorce action filed at Docket No. 2005-0319 in Cumberland County, Pennsylvania. His address is 335 York Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Stephanie L. Doporcyk who is the Plaintiff in this divorce action. Her address is 28 South Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The petitioner seeks the following relief from the Court: a. Equitable distribution of the marital assets; b. Costs and expenses; and c. Counsel fees. WHEREFORE, the Petitioner, Dennis R. Doporcyk, requests the relief set forth above. Respectfully submitted, IRWIN & McKNIGHT By: Marcus Mc igK 60 West P et Street Carlisle, 7013 717-249- P 3 Supreme C t I.D. No: 254 Attorney for the . ner, Date: February 22, 2007 2 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DENNIS R. DO ORC Date: February 22, 2007 3 c - rt r"', nrt c? ? rrs g CIN i, -TI y w i rl (? : co n -b t 0 c cs : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT'S, PENNSYLVANIA STEPHANIE L. DOPORCYKI Plaintiff Vs. DENNIS R. DOPORCYK, Docket No. 2005 - 0319 Defendant MOTION FOR APPOINTMENT OF MASTER Plaintiff (Plaintiff) (Defendant), moves the court to appoint a master with respect to the following claims: ( Divorce (l Distribution of Property () Annulment () Support () Alimony (x) Counsel Fees () Alimony Pendente Lite { Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) (has not) appeared in the action (personally) (by his attorney, Marcus McKnight , Esquire). (3) The Staturory ground (s) for divorce (Is) (are) 3301 (d) (4) Delete the inapplicable paragraph(s): a. Tfie action is not contested. b. An agreement has been reached with respect to the following claims: None c. The action is contested with respect to the following claims: divorce, distribution of property, counsel fees, costs and expenses (5) The action (involves) (does not involve) complex issues of law or fact (6) The hearing is expected to take one hour (hours) (days). (7) Additional information, if any, relevant to the motion: Date: for Plaintiff ?V . [4,t G? Attorney for (Plaintiff) (Defendant t Print Attorney Name ......... Michael A. Scherer, Esquire ORDER APPOINTING MASTER AND NOW, , 20 Esquire is appointed master with respect to the following claims: By the Court: J. r-n +MAR 2 6 2007 104Y STEPHANIE L. DOPORCYK, Plaintiff . v . DENNIS R. DOPORCYK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-319 IN CUSTODY COURT ORDER AND NOW, this day of , 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The father, Dennis R. Doporcyk, and the mother, Stephanie L. Doporcyk, shall enjoy shared legal custody of Nicole A. Doporcyk, born October 12, 1991 and Devin M. Doporcyk, born September 8, 1993. 2. The father shall enjoy primary physical custody of the minor children. 3. The mother shall enjoy periods of temporary physical custody of the minor children as follows: a. On alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. B. At such other times as agreed by the parties. 4. It is noted that Devin has not been experiencing periods of visitation with his mother over the past few months and the schedule outlined above will be handled by the parties recognizing that Devin may have some reluctance in attending visitation. 5. Neither parent will disparage the other parent to the children or in the presence of the minor children. AS, "; 29 :C Wd LZ 8VW t00I 6. In the event the parties desire to modify this Order, legal counsel for the parties may contact the Conciliator directly to schedule another Custody Conciliation Conference. BY THE COURT, ?N-? U ? Judge cc: ?VI' ael A. Scherer, Esquire arcus A. McKnight, III J F:1FQ.ESIDATAFiLEIGeneral\Corrent\12321\Doporcyk v Doporcyk ConeUlrtbn Report-Ordenwpd i ?p STEPHANIE L. DOPORCYK, Plaintiff v DENNIS R. DOPORCYK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-319 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Nicole A. Doporcyk, born October 12,1991, and Devin M. Doporcyk, born September 8,1993. 2. A Conciliation Conference was held on March 23, 2007, with the following individuals in attendance: The mother, Stephanie L. Doporcyk, with her counsel, Michael A. Scherer, Esquire, and the father, Dennis R. Doporcyk, with his counsel, Marcus A. McKnight, III, Esquire. 3. The parties agree to the entry of and Order in the form as attached. (9- DATE: March 23, 2007 4,0 kI ubert X. Gilroy, E uire Custody Concilia r U? : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE L. DOPORCYK, Plaintiff Vs. Docket No. 2005 - 0319 DENNIS R. DOPORCYK, Defendant MOTION FOR APPOINTMENT OF MASTER Plaintiff (Plaintiff) (Defendant), moves the court to appoint a master with respect to the following claims: (x) Divorce (j Distribution of Property () Annulment ( ) Support () Alimony 00 Counsel Fees () Alimony Pendente Lite (50 Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) (has not) appeared in the action (personally) (by his attorney, Marcus McKnight , Esquire). (3) The Staturory ground (s) for divorce (is) (are) 3301(d) (4) Delete the inapplicable paragraph(s): a. Thevctiorris-not-cvntested- b. An agreement has been reached with respect to the following claims: None c. The action is contested with respect to the following claims: divorce, distribution of property, counsel fees, costs and expenses (5) The action (involves) (does not involve) complex issues of law or fact (6) The hearing is expected to take one hour (hours) (days). (7) Additional information, if any, relevant to the motion: Date: Attorney for Plaintiff Attorney for (Plaintiff) (Defendant Print Attorney Name ......... Michael A. Scherer, Esquire ORDER APPOINTING MASTER AND NOW,20_p ? Esquire is appointed maste with respect to the following claims: ,fig_&Get By Court: J. "p C) r-a M Fm ? a CO ?...,. Cl- LU LL T LL. © CV STEPHANIE L. DOPORCYK, : IN THE COURT OF COMMON PLEAS OF Plaintiff V. DENNIS R. DOPORCYK, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2005-0319 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 14, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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 verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. Date: C'kS = A - 0 Lt*u-o DENNIS R. DO PO Defendant ?'? ? ? r .- ?'?- , ? _ .3 ' f f s ?+? .?. ?.. f ; e V .., . rt -e r? J?;, r _ ? 'i '?: ` , l o «• STEPHANIE L. DOPORCYK, Plaintiff V. DENNIS R. DOPORCYK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2005-0319 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 65--14- 67 ae?- /. im&? DENNIS R. DOPdRCYK/ Defendant r? {?} C-- J' CIN T 17 STEPHANIE L. DOPORCYK, Plaintiff V. DENNIS R. DOPORCYK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2005-0319 CIVIL TERM IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: &r- /6 - 6,7 DENNIS R. DOAORCYk Defendant `=;-? r ?` ? ? . r ? ' =-, ?'-- ' "? E .?? - ? s- ? ,? -, °. '3" `' G ?- ?,,? .. STEPHANIE L. DOPORCYK, Plaintiff VS. DENNIS R. DOPORCYK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 319 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this N 4- day of , 2007, the economic claims raised in the procee ings having been resolved in accordance with a marital settlement agreement dated May 31, 2007, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Q f", 1 Po. Edgar B. Bayley, P.J. cc: ?ael A. Scherer Attorney for Plaintiff J'~rcus A. McKnight, III Attorney for Defendant 4 MC) Q^ i (i7 -7) CL C1 o v N r STEPHANIE L. DOPORCYK, Plaintiff V. DENNIS R. DOPORCYK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-0319 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this day of May, 2007, by and between Stephanie L. Doporcyk (hereinafter referred to as "Wife") and Dennis R. Doporcyk (hereinafter referred to as "Husband"). RECITALS R.1: The Parties hereto are Husband and Wife, having been joined in marriage on January 23, 1988; and, R.2: Differences have arisen between the parties, in consequence of which they have lived separate and apart since on or about the filing of this action: and; R.3: It is the desire and intention of the parties, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and, NOW THEREFORE, with the aforementioned recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: (1) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Simultaneous with the execution of this Agreement, the parties shall execute the Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divorce. Said Affidavits and Waivers shall be immediately filed with the Prothonotary's Office. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. (2) EQUITABLE DISTRIBUTION: Wife shall pay Husband the sum of Two Hundred Fifty and 00/100 Dollars ($250.00) concurrent with the execution of this agreement. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties. Each party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to bank accounts, investment accounts and retirement accounts. (3) WAIVER of ALIMONY: The Parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each Party waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. (4) RELEASE of ALL CLAIMS: Except as otherwise provided herein, each Party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future support, division of property, including income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the Parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. Each party further releases the other from any and all claims or demands up to the date of execution hereof and any other claims either party could raise which arise from the marriage, contract or otherwise. (5) BREACH: It is expressly stipulated that in the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. ephanie oporc k Dennis R. Do orcy WITNESS: Mic ae A. Scherer, Esquire STEPHANIE L. DOPORCYK, Plaintiff V. DENNIS R. DOPORCYK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-0319 CIVIL TERM 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 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant signed a certified mailing receipt on January 19, 2005. 3. (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 on January 8, 2007; and Defendant on May 16, 2007. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: The parties signed Waivers of Notice of Intent to Request Entry of Divorce Decree. Respectfully submitted, O'BRIEN, BARIC & SCHERER .. iA c , Michael A. Scherer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 `? ter. --? .- ,? i"C3 -- ? -"1 :; ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. STEPHANIE L. DOPORCYK, „ Plaintiff VERSUS NO. 2005-319 Civil DECREE IN DIVORCE AND NOW, 'Sv N E I'L , 1WM , IT IS ORDERED AND DECREED THAT STEPHANIE L. DOPORCYK , PLAINTIFF, AND DENNIS R. DOPORCYK` , 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 parties Martial Settlement Agreement dated May 31, 2007 is BY THE COURT: ATTEST: J . ?21 PROTHONOTARY LOA ?i 02 laZa?' Y t-4 . STEPHANIE L. DOPORCYK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-0319 CIVIL TERM DENNIS R. DOPORCYK, CIVIL ACTION-LAW Defendant IN DIVORCE PETITION TO MODIFY CUSTODY 1. The Petitioner is Stephanie L. Doporcyk, (hereinafter referred to as "Mother"), who is an adult individual residing at 52 Seavers Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Respondent is Dennis R. Doporcyk, (hereinafter referred to as "Father"), an adult individual who is currently an inmate at the Cumberland County Prison, and who has a last known address of 90 Potato Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. The parties are the natural parents of Nicole A. Doporcyk, born October 12, 1991 and Devin M. Doporcyk, born September 8, 1993, (hereinafter referred to as "Children") 4. The parties are governed by an Order of Court dated March 27, 2007, attached hereto as "Exhibit A", relative to the custody of the children. 5. Although the March 27, 2007 Order provides for Father having primary physical custody of the minor children, Father is now an inmate in the Cumberland County Prison. 6. Father will be losing his license for approximately one year. 7. Mother believes that she will be primarily responsible to transport the children to their activities as the only licensed parent. 8. Mother desires to spend additional time with the children and believes the children wish to spend additional time with her. WHEREFORE, Mother respectfully requests this Honorable Court grant her shared physical and shared legal custody of the children. Date: 7 V-1 07 Respectfully submitted, O'BRIEN, BARIC & SCHERER "c4--446' Michael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/doporcyk/mod ify.pet VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: '7 3 © h LM Shl - L(3qa- ephanie C Dopor k MAR 2 6 2007 Aty STEPHANIE L. DOPORCYK, . Plaintiff v DENNIS R. DOPORCYK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-319 IN CUSTODY COURT ORDER AND NOW, this ZIA day of 2007, upon consideration of the attached Custody Conciliation report, it is 4orred and directed as follows: 1. The father, Dennis R. Doporcyk, and the mother, Stephanie L. Doporcyk, shall enjoy shared legal custody of Nicole A. Doporcyk, born October 12, 1991 and Devin M. Doporcyk, born September 8, 1993. 2. The father shall enjoy primary physical custody of the minor children. 3. The mother shall enjoy periods of temporary physical custody of the minor children as follows: a. On alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. B. At such other times as agreed by the parties. 4. It is noted that Devin has not been experiencing periods of visitation with his mother over the past few months and the schedule outlined above will be handled by the parties recognizing that Devin may have some reluctance in attending visitation. 5. Neither parent will disparage the other parent to the children or in the presence of the minor children. Exhibit "A" 3 q om 6. In the event the parties desire to modify this Order, legal counsel for the parties may contact the Conciliator directly to schedule another Custody Conciliation Conference. BY THE COURT, Judge cc: Michael A. Scherer, Esquire Marcus A. McKnight, III cc: Stephb.nie Doporcyk 84/03/07 F:\FILES\DATAFILE\Gener.l\Current\12321\Doporcyk v Doporcyk ConcN.tlon Report-Order.wpd TRUE COPY FROM RECORD In T timony wh- r- ?f 1 ,RECORD hand my seal to a t e i•. 1 WY: A0, Pa. 7 E Up;N c: ; - 'A I nnn n to , STEPHANIE L. DOPORCYK, Plaintiff v DENNIS R. DOPORCYK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-319 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. 2. 3. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Nicole A. Doporcyk, born October 12,1991, and Devin M. Doporcyk, born September 8,1993. A Conciliation Conference was held on March 23, 2007, with the following individuals in attendance: The mother, Stephanie L. Doporcyk, with her counsel, Michael A. Scherer, Esquire, and the father, Dennis R. Doporcyk, with his counsel, Marcus A. McKnight, III, Esquire. The parties agree to the entry of and Order in the form as attached. DATE: March 23, 2007 fIubert X. Gilroy, Custody Concilial 1 w r- U F'' ? ?,R STEPHANIE L. DOPORCYK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DENNIS R. DOPORCYK DFFF.,NDANT 2005-319 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, July 30, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 07, 2007 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4V v 7 e? ?G? <o V, NVA`VENN ] d 10 -Z 14d z- snV LOOT A8ViO UH,iQW :"Hl J4 SEP 10 2002 P Y STEPHANIE L. DOPORCYK, plaintiff v DENNIS R. DOPORCYK, Defendant COURT ORDER AND NOW, this day of 2007, upon consideration of the attached Custody Conciliation report, it is ord red and directed as follows: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 05-319 : IN CUSTODY 1. A hearing is scheduled i Court Room No. 5 of the Cumberland County Courthouse on the ? P' day of 2007 at 1330 *A .m. At this hearing, the mother shall be the moving party and shall proceed initiVlly with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's Order of March 27, 2007 shall remain in effect. 3. In the event the mother desires to obtain any type of custody evaluation and the mother makes arrangements for payment, father shall cooperate in that evaluation and also insure that the minor children cooperate in the evaluation. BY THE COURT, 11q\-\-s., Judge M.L. "Skip" cc: Achael A. Scherer, Esquire Marcus A. McKnight, III, Esquire 06353 F:\FELE3\CtlertsU2321 CoaWy CoecUlNtonelDOporc)* v Doporeyk ComMsom Report-Ordw2mpd A viNVA14NN3d 1 l :g NV Z 1 83S LOOZ 1WIONOHIOdd 3144 J0 ki- ?? --w STEPHANIE L. DOPORCYK, plaintiff v DENNIS R. DOPORCYK, Defendant Prior Judge: M.L. "Skip" Ebert : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 05-319 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Nicole A. Doporcyk, born October 12,1991, and Devin M. Doporcyk, born September 8,1993. 2. A Conciliation Conference was held on September 7, 2007, with the following individuals in attendance: The mother, Stephanie L. Doporcyk, with her counsel, Michael A. Scherer, Esquire, and the father, Dennis R. Doporcyk, with his counsel, Marcus A. McKnight, III, Esquire. 3. The parties were before the Conciliator last March at which time they entered into an agreement for father having primary custody and mother having liberal periods of temporary custody. Mother suggests she has had quite a bit of contact with the children since that time. Additionally, she notes that father was incarcerated for thirty days as a result of a DUI and the mother had primary custody during that time. 4. Mother suggests there should be a modification of the custody arrangement to give her at least 50/50 shared physical custody or, in the alternative, give mother primary custody. Father suggests for a variety of reasons that the custody arrangement should stay as it currently exists. The parties are unable to reach an agreement and a hearing is necessary. 5. The Conciliator recommends an Order in the form as attached. r DATE: l m Hubert X. Gilro , Esquire Custody Con ator STEPHANIE L. DOPORCYK, Plaintiff V. DENNIS R. DOPORCYK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-0319 CIVIL TERM CIVIL ACTION-LAW PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.C.P. 1915.13 AND NOW, comes the Plaintiff, Stephanie L. Doporcyk, by and through her attorney, Michael A. Scherer, Esquire and respectfully represents as follows: 1. The Petitioner is Stephanie L. Doporcyk, (hereinafter referred to as "Mother"), an adult individual residing at 52 Seavers Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Respondent is Dennis R. Doporcyk, (hereinafter referred to as "Father"), an adult individual residing at 90 Potato Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. The parties are the natural parents of Nicole A. Doporcyk, born October 12, 1991 and Devin M. Doporcyk, born September 8, 1993, (hereinafter referred to as "Children") 4. The parties are governed by an Order of Court dated March 27, 2007, attached hereto as "Exhibit A", relative to the custody of the children. 5. On the weekend of September 29, 2007, Father had physical custody of the children. 6. On September 29, 2007, Mother got a call from the Newville Police Department indicating that the two children were in the custody of the Newville Police Department. 7. Apparently, the children had been trespassing at the Big Spring Middle School. 8. On that occasion, the children were riding with an unlicensed driver. 9. Father routinely works as a bouncer at a bar in Hampton Township from 9:00 p.m. until 3:00 a.m. on the weekends and leaves the children unsupervised when he is working in the capacity. 10. Mother has asked Father repeatedly to allow her to have physical custody or "babysit" the children when Father is employed as a bouncer but Father will not permit it. 11. Undersigned counsel contacted Marcus McKnight, III, Esquire, who represents the Father, on October 1, 2007 and left a message regarding this matter but has not received a reply. 12. Judge Edward E. Guido has been assigned to this case in the past. WHEREFORE, Mother respectfully requests this Honorable Court enter an Order stating that if either party is unavailable for a period of three hours or more to supervise the children, that the other parent shall supervise the children during said period. Respectfully Submitted, O'BRIEN, BARIC & SCHERER Date: I 0.16 ' a 7 A,`-' Mich el A. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff VERIFICATION The statements in the foregoing Petition For Special Relief Pursuant To Pa.R.C.P. 1915.13 are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Date: b 1 !? 7 Az7Aa"7 LZ Stephanie L. D porcy CERTIFICATE OF SERVICE I hereby certify that on the 011 day of , 2007, I, Andrea M. Barrick, of O'Brien, Baric & Scherer, did serve a copy of the Petition for Special Relief, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, Pennsylvania 17013 Andrea M Barrick LIAR 2 6 2007 STEPHANIE L. DOPORCYK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DENNIS IL DOPORCYK, NO. 05-319 Defendant IN CUSTODY COURT ORDER AND NOW, this V? day of AMA-, 2007, upon consideration of the attached Custody Conciliation report, it is or red and directed as follows: 1. 2. 3. 4. 5. The father, Dennis R. Doporcyk, and the mother, Stephanie L. Doporcyk, shall enjoy shared legal custody of Nicole A. Doporcyk, born October 12, 1991 and Devin M. Doporcyk, born September 8,1993. The father shall enjoy primary physical custody of the minor children. The mother shall enjoy periods of temporary physical custody of the minor children as follows: a. On alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. B. At such other times as agreed by the parties. It is noted that Devin has not been experiencing periods of visitation with his mother over the past few months and the schedule outlined above will be handled by the parties recognizing that Devin may have some reluctance in attending visitation. Neither parent will disparage the other parent to the children or in the presence of the minor children. Exhibit "A" Al 007 6. In the event the parties desire to modify this Order, legal counsel for the parties may contact the Conciliator directly to schedule another Custody Conciliation Conference. BY THE COURT, . Pi 4fl -A NeS N4--A Judge cc: Michael A. Scherer, Esquire Marcus A. McKnight, III cc; Steph#nie Doporcyk 84/03/07 F:\FILEMDATAFILE\Ceneral\Current\12321\Doporcyk v Doporcyk CondUation Report-Order.wpd TRUE COPY FROM RECORD In Lelse ;?,h. a ; ""'t o, set my hand da , 1 STEPHANIE L. DOPORCYK, Plaintiff v DENNIS R. DOPORCYK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV.-VNIA CIVIL ACTION - LAW NO. 05-319 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Nicole A. Doporcyk, born October 12,1991, and Devin M. Doporcyk, born September 8,1993. 2. A Conciliation Conference was held on March 23, 2007, with the following individuals in attendance: The mother, Stephanie L. Doporcyk, with her counsel, Michael A. Scherer, Esquire, and the father, Dennis R. Doporcyk, with his counsel, Marcus A. McKnight, III, Esquire. 3. The parties agree to the entry of and Order in the form as attached. DATE: March 23, 2007 4,0 k Hubert X. Gilroy, E,Auire Custody Conciliar Cy C 1 -L STEPHANIE L. DOPORCYK, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-0319 CIVIL DENNIS R. DOPORCYK, DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of November, 2007, upon consideration of the Petition for Special Relief filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before November 21, 2007; 3. The Prothonotary is directed to forward said Answer to this Court. 4. This issue will be addressed at the hearing previously scheduled for December 17, 2007, at 1:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ?? -? ?-a \/ - M. L. Ebert, Jr., % J. Michael A. Scherer, Esquire Attorney for Plaintiff Marcus A. McKnight, III, Esquire Attorney for Defendant bas I?J *6 1 4w :- r'lvN LLD O'C', nf'f : ,r A STEPHANIE L. DOPORCYK, Plaintiff/Petitioner V. DENNIS R. DOPORCYK and Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 0319 CIVIL TERM CIVIL ACTION - LAW NOTICE TO PLEAD TO: STEPHANIE L. DOPORCYK and her attorney, Michael A. Scherer, Esq. YOU ARE HEREBY NOTIFIED that you must responsively plead to the within Answer to Plaintiffs Petition with New Matter, pursuant to Pa. R.C.P. 2252(d) within twenty (20) days after service, or a default judgment may be entered against you. IRWIN & By: A. Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court ID. No. 25476 Attorney for Defendant, Dennis R. Doporcyk Date: November 19, 2007 1 STEPHANIE L. DOPORCYK, Plaintiff/Petitioner V. DENNIS R. DOPORCYK and Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 0319 CIVIL TERM CIVIL ACTION - LAW ANSWER TO PETITION WITH NEW MATTER AND NOW, this 19th day of November 2007, comes the Defendant/Respondent, Dennis R. Doporcyk, by his attorneys, Irwin & McKnight, and makes the following Answer to the Petition of Plaintiff/Petitioner: 1. The averments of fact contained in paragraph one (1) of the Petition for Special Relief are admitted. 2. The averments of fact contained in paragraph two (2) of the Petition for Special Relief are admitted. 3. The averments of fact contained in paragraph three (3) of the Petition for Special Relief are admitted. 4. The averments of fact contained in paragraph four (4) of the Petition for Special Relief are admitted. 5. The averments of fact contained in paragraph five (5) of the Petition for Special Relief are admitted. 6. The averments of fact contained in paragraph six (6) of the Petition for Special Relief are admitted. 2 7. The averments of fact contained in paragraph seven (7) of the Petition for Special Relief are admitted in part and denied in part. It is admitted that both children were at the Big Spring Middle School. It is denied that Father permitted them to leave his home that evening. 8. The averments of fact contained in paragraph eight (8) of the Petition for Special Relief are beyond the knowledge of Father. They are specifically denied and proof thereof is demanded. 9. The averments of fact contained in paragraph nine (9) of the Petition for Special Relief are admitted in part and denied in part. On half the weekends the children are with the Mother. On Father's weekends, the children are supervised unless Father's girlfriend has to work. 10. The averments of fact contained in paragraph ten (10) of the Petition for Special Relief are denied. When Mother requests time with the children, the children spend additional time with her. 11. The averments of fact contained in paragraph eleven (11) of the Petition for Special Relief are admitted. 12. The averments of fact contained in paragraph twelve (12) of the Petition for Special Relief are admitted. WHEREFORE, the Defendant/Respondent, Dennis R. Doporcyk, request that the Petition of the Plaintiff/Petitioner be dismissed with costs and interest to the Dennis R. Doporcyk, Defendant/Respondent. NEW MATTER AND NOW, this 19th day of November 2007, the Defendant/Respondent, Dennis R. Doporcyk, makes the following New Matter: 13. The averments of fact contained in paragraph one (1) through (12) in incorporated by reference. 14. Whether Mother is present in her home or not, the Mother permits Devin, age 14, to engage in sexual activity with his girlfriend. 15. When Mother has custody of Nicole, age 16, she permits Nicole to have sexual activity with her boyfriend either at her home of at the home of Nicole's grandmother while Nicole is in Mother's custody. 16. The Father sets rules for the children at his home which Mother refuses to follow. 17. The Mother has refused to follow the Custody Order set forth the Order of Court dated March 27, 2007. 4 WHEREFORE, the Defendant/Respondent, Dennis R. Doporcyk, requests that the Petition of the Plaintiff/Petitioner, Stephanie L. Doporcyk, be dismissed with legal fees. Respectfully submitted, By: Date: November 19, 2007 IRWIN & McKNIGHT Marcu A. Mc i III, Esquire 60 We Pomfret eet Carlis e, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for the Defendant 5 STEPHANIE L. DOPORCYK, PLAINTIFF V. DENNIS R. DOPORCYK and DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 0319 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Michael A. Scherer, Esq. 19 West South Street Carlisle, PA 17013 IRWIN & McKNIGHT By: Marcus . McKnighCIII, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: November 21, 2007 7 N 0 ? ...; m M r N 7TJ C-n ?• STEPHANIE L. DOPORCYK, Plaintiff V. DENNIS R. DOPORCYK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-0319 CIVIL TERM CIVIL ACTION-LAW CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this day of December, 2007, by and between Stephanie L. Doporcyk (hereinafter referred to as "Mother") and Dennis R. Doporcyk (hereinafter referred to as "Father"); The parties are the natural parents of Nicole A. Doporcyk, born October 12, 1991 and Devin M. Doporcyk, born September 8, 1993, (hereinafter referred to as "children"); and, WHEREAS, the natural parents are divorced and living in separate residences; and, WHEREAS, the parties wish enter into this Agreement relative to the custody of the children. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall share legal custody of the children, Nicole A. Doporcyk, born October 12, 1991 and Devin M. Doporcyk, born September 8, 1993. Shared legal custody means the right of both parents to control and to share in making decisions of importance in the life of their child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being, including, but not limited to, all decisions regarding their health, education and religion. Each parent shall notify the other parent of any medical, dental, optical, counseling and other appointments of the child with health care providers, sufficiently in advance thereof so that the other party may attend, if he or she so chooses. Pursuant to the terms of 23 Pa. C.S.A.§5309, each parent shall be entitled to equal access to all medical records and information pertaining to the children; including, but not limited to, the child's school, medical, dental, religious and other important records and the residence address of the other parent. 2. The parents shall share physical custody of the children such that the children shall spend one week with Mother, the following week with Father, and the parties shall alternate on a weekly basis thereafter. 3. The parties shall share physical custody of the children on holidays and on the children's birthdays at such times and under such circumstances as the parties from time to time agree. 4. The children shall be with Mother each Mother's Day and with Father each Father's Day. 5. The parties shall not do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parties or which may hamper the free and natural development of the child's love or affection for the other parties. 6. Father shall claim both children on his income tax return for the 2007 tax year. Thereafter, Mother shall claim Nicole on her income tax return each year and Father shall claim Devin on his income tax return each year, provided this custody arrangement continues. At such time as Nicole turns age 18, the parties shall alternate claiming Devin on their income tax returns. 7. Neither party shall file for child support against the other party, and the parties shall share equally in all unreimbursed medical expenses of the children. 8. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the minor child and shall retain jurisdiction should circumstances change and any party desires or requires modification of said Order. WITNESS: Date: /B/U Date: orcyk Stephan a L. D 014 L4"-v &Itt? Dennis R Dopo yk -) y` f w!rl? .may ?? -.{q 4 4+• {rti? t DECI0 STEPHANIE L. DOPORCYK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-0319 CIVIL TERM DENNIS R. DOPORCYK, CIVIL ACTION-LAW Defendant ORDER OF COURT tl? AND NOW, this the 19 day of December, 2007, upon consideration of the within Stipulation, the following Custody Agreement is hereby adopted as an Order of Court: 1. The parties shall share legal custody of the children, Nicole A. Doporcyk, born October 12, 1991 and Devin M. Doporcyk, born September 8, 1993 (hereinafter referred to as "children"). Shared legal custody means the right of both parents to control and to share in making decisions of importance in the life of their children. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the childrens general well-being, including, but not limited to, all decisions regarding their health, education and religion. Each parent shall notify the other parent of any medical, dental, optical, counseling and other appointments of the children with health care providers, sufficiently in advance thereof so that the other party may attend, if he or she so chooses. Pursuant to the terms of 23 Pa. C.S.A.§5309, each parent shall be entitled to equal access to all medical records and information pertaining to the children; including, but not limited to, the children's school, medical, dental, religious and other important 9 records and the residence address of the other parent. Z Q .Q1 61 3302 40 },t#di. 2. The parents shall share physical custody of the children such that the children shall spend one week with Mother, the following week with Father, and the parties shall alternate on a weekly basis thereafter. 3. The parties shall share physical custody of the children on holidays and on the children's birthdays at such times and under such circumstances as the parties from time to time agree. 4. The children shall be with Mother each Mother's Day and with Father each Father's Day. 5. The parties shall not do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parties or which may hamper the free and natural development of the children's love or affection for the other parties. BY THE COURT, chael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 ,-Warcus McKnight, Esquire 60 W. Pomfret Street Carlisle, PA 17013