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HomeMy WebLinkAbout05-0761 I:\Client Directory\Gaughen-ml\pleadings\Divorce Complaint.wpd February 8, 2005 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQillRE Attorney LD. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No, (717) 909-4060 / Attorneys for Plaintiff MARIA LOUISA GAUGHEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. OS' - 7fc./ C~u;l/E/L~ THOMAS WILLIAM GAUGHEN, Defendant 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. 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, When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 I:\Client Directory\Gaughen-ml\pleadings\Divorce Complaint.wpd February 8, 2005 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney LD. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff MARIA LOUISA GAUGHEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. THOMAS WILLIAM GAUGHEN, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Maria Louisa Gaughen, Plaintiff herein, by and through her attorney, Maria p, Cognetti, Esquire, and files the following Complaint in Divorce, and in support thereof, avers the following: 1, Plaintiff is Maria Louisa Gaughen, who has resided at 55 Tuscany Court, Camp Hill, Cumberland County, Pennsylvania, for the last seven (7) months, 2, Defendant is Thomas William Gaughen, who has resided at 140 Bryce Road, Camp Hill, Cumberland County, Pennsylvania, for the last twenty five (25) years. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 9, 1980 in Camp Hill, Pennsylvania, I:\Client Directory\Gaughen-ml\pleadings\Divorce Complaint.wpd 5, parties, 6. Forces. 7. 8, February 8, 2005 There have been no prior actions of divorce or for annulment between the Neither of the parties in this action is presently a member of the Armed The Plaintiff and Defendant are both citizens ofthe United States. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there are no children of the parties under the age of eighteen (18). COUNT I - DIVORCE 10. The Plaintiff avers that the grounds on which the action is based are as follows: a, That the marriage is irretrievably broken; and, b. That Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, so as to make Plaintiffs condition burdensome and life intolerable. I:\Client Directory\Gaughen-ml\pleadings\Divorce Complaint.wpd February 8, 2005 COUNT II - EOUlTABLE DISTRIBUTION II, During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. COUNT III - ALIMONY. ALIMONY PENDENTE LITE. ATTORNEY'S FEES AND COSTS 12. Plaintiff lacks sufficient property to provide for her reasonable needs. 13. Plaintiff is unable to sufficiently support herself through appropriate employment. 14, Defendant has sufficient income and assets to provide continuing support for the Plaintiff. 15. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 16. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 17, Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 18. Defendant has adequate earnings to provide for the Plaintiffs support and to pay her counsel fees, costs and expenses, I:\Client Directory\Gaughen-ml\pleadings\Divorce Complaint.wpd February 8, 2005 WHEREFORE, Plaintiff requests this Honorable Court: a. enter a decree in divorce; b. equitably distribute all property, both personal and real, owned by the parties; c. compel the Defendant to pay alimony pendente lite to Plaintiff; d, grant Plaintiffs attorney's fees and costs; e. compel the Defendant to pay alimony to Plaintiff; f. grant such further relief as the Court may deem equitable and just. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: February 8, 2005 By: NETTI, ESQUIRE . 27914 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No, (717) 909-4060 Attorney for Plaintiff VERIFICATION I, MARIA LOUISA GAUGHEN, hereby verifY and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S,A. S4904 relating to unsworn verification to authorities. DATE: ~J2S loS p\-) ~71 - ~ ~~ ~ -() ~ ::: ~ ~...a v C) \) , . V) \) '< o c Q ~~~ ?- :t) J~1- ~ , ~",' c:;-;:: ~::..~' <.J"' -'1 ~." ,., CI~ ~ ~,,- C"J -0 c..) ("n c.) MARIA P. COGNETTl & ASSOCIATES MARIA P. COGNETTl, ESQUIRE Attorney tD. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (7t 7) 909-4060 Attorneys for Plaintiff MARIA LOUISA GAUGHEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-00761 THOMAS WILLIAM GAUGHEN, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, MARIA P. COGNETTI, ESQUIRE, do hereby certifY that a true and correct copy of the Complaint in Divorce was served upon the Defendant by certified mail, return receipt requested, on the 24th day of February 2005. The original signed return receipt, number 7002 0510 0000 5688 34344, is attached hereto and made a part hereof. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: February 28, 2005 By: 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No, (717) 909-4060 Attorney for Plaintiff 'G; SENDER: "0 . Complete items 1 and/or2foradditionalservices "iij . Complete items 3, 4a, and 4b. 91 . Print your name and address on the reverse 01 this form so that we can return this Q) card 10 you. > . Attach this tarm to the front of the mailpiece, or on the back if space does not 4) permit ... . Write "Return Receipt Requested" on the mailpiece below the article number ~ . The Return Receipt will show to whom the article was delivered and the date - delivered. c r~~i~~~~vjetl u C {Uvtp Hit!, ff} /70/ } - t I also wish to receive the following services (for an extra fee): 1. D Addressee's Address 2.kAestricted Delivery Consult postmaster for fee. 4a. Article Number 7002 0510 0000 5688 3434 40. tierv\ce rype o Registered o Express Mail Return Receipt for Merchandise 7. Date of Delivery I 1 5-}- 'J.-'1--0'; VVV 8 Addressee's Address (Only if requested and fee is paid) 5 -u'i ;; ~ Certified c:: D Insured ~ o COD .~ 102595-98-B-0229 Domestic Return Receipt ,; u .;: i; '" a 'OJ D_ .2 ~ o >- " c .. J: >- 7" -.:> _0 z::::- - f; ~ "'" jc::. I - .:11 ...s.'" ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA MARIA LOUISA GAUGHEN, Plaintiff v, ) ) ) ) ) ) ) NO. 05-761 CIVIL TERM THOMAS WILLIAM GAUGHEN, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE ENTERING APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the defendant, Thomas William Gaughen. Date: r3-J .' 0 S c vI. 000 C. owett, Jr., Esq HDwETT, KISSINGER & CONLEY, p,c. 130 Walnut Street, p, O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant Thomas William Gaughen I (.,0"; (-;'? c' tN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ) ) ) ) ) ) ) NO. 05-761 CIVIL TERM MARIA LOUISA GAUGHEN, Plaintiff THOMAS WILLIAM GAUGHEN, Defendant CIVIL ACTION - LAW IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE AND NOW, comes Thomas William Gaughen, Defendant herein, by and through his counsel, Howett, Kissinger & Conley, P.C., and files this Answer to Complaint in Divorce as follows: 1. Admitted, 2. Admitted. 3. Admitted, 4. Admitted. 5. Admitted, 6. Admitted. 7. Admitted. 8. After reasonable investigation, Defendant is without sufficient information to form an opinion as to the truth of the matter asserted, 9. Admitted. ANSWER TO COUNT I-DIVORCE 10. a. Admitted. 10. b. Denied. Defendant has not offered such indignities to the Plaintiff so as to make Plaintiff's condition burdensome and life intolerable. To the contrary, Defendant has provided Plaintiff with no legal cause for the entry of a fault based divorce decree, ANSWER TO COUNT II EOUlTABLE DISTRIBUTION 1 I. Denied, It is denied that Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. To the contrary, distribution of any such assets is subject to and to be in accordance with the parties' Antenuptial Agreement of February 7, 1980. ANSWER TO COUNT III-ALIMONY. ALIMONY PENDENTE LITE. ATTORNEY'S FEES AND COSTS 12, Denied. It is denied that Plaintifflacks sufficient property to provide for her reasonable needs, To the contrary, Plaintiff has sufficient property to provide for her reasonable needs, Moreover, since alimony, alimony pendente lite, counsel fees and costs are subject to and governed by the parties' Antenuptial Agreement, Plaintiff's financial status is irrelevant 13. Denied. It is denied that Plaintiff is unable to sufficiently support herself through appropriate employment To the contrary, although currently not employed, Plaintiff would be able to sufficiently support herself through appropriate employment should she desire to do so. Moreover, since alimony, alimony pendente lite, counsel fees and costs are subject to and governed by the parties' Antenuptial Agreement, Plaintiff's financial status is irrelevant. 14. Admitted in part. Denied in part. It is admitted that Defendant has sufficient income and assets to provide continuing support to Plaintiff to the extent that he is required to do so pursuant to the parties' Antenuptial Agreement It is denied that Defendant's financial status is otherwise relevant since alimony, alimony pendente lite, counsel fees and costs are subject to and governed by the parties' Antenuptial Agreement 15. Denied. It is denied Plaintiff will be put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs by reason of this action. To the contrary, all economic issues in this case are subject to and governed by the parties' Antenuptial Agreement of February 7,1980. Moreover, since alimony, alimony pendente lite, counsel fees and costs are subject to and governed by the parties' Antenuptial Agreement, Plaintiff's financial status is irrelevant 16. Denied, It is denied that Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action, To the contrary, Plaintiff has sufficient funds to support herself and to meet the costs and expenses of any necessary litigation in this case and is able to appropriately maintain herself during the pendency of the action. Moreover, since alimony, alimony pendente lite, counsel fees and costs are subject to and governed by the parties' Antenuptial Agreement, Plaintiff's financial status is irrelevant 17. Denied. It is denied that Plaintiff's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and costs of this litigation, To the contrary, Plaintiff's income which consists, in part, of support being paid to Plaintiff pursuant to the parties' Antenuptial Agreement, is sufficient to provide for her reasonable needs and to pay her reasonable attorneys fees and costs of litigation. Moreover, since alimony, alimony pendente lite, counsel fees and costs are subject to and governed by the parties' Antenuptial Agreement, Plaintiffs financial status is irrelevant. 18. Admitted in part. Denied in part, It is admitted that Defendant has adequate earnings to provide for Plaintiffs support to the extent that he is required to do so pursuant to the parties' Antenuptial Agreement. It is denied that Defendant's financial status is otherwise relevant since alimony, alimony pendente lite, counsel fees and costs are subject to and governed by the parties' Antenuptial Agreement. WHEREFORE, Defendant requests this Honorable Court: A. Enter a decree in divorce; B. Dismiss Plaintiffs claim for equitable distribution; and C. Dismiss Plaintiffs claims for Alimony, Alimony Pendente Lite, Attorneys Fees, Costs and Expenses. Date: .3/11()~ I I ~ J C. Howett, Jr., uire OWETT, KISSINGER & CONLEY, P.c. 130 Walnut Street P.O, Box 810 Harrisburg, PAl 71 08 Telephone: (717) 234-2616 Counsel for Thomas William Gaughen, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, ) ) ) ) ) ) ) NO. 05-761 CIVIL TERM MARIA LOUISA GAUGHEN, Plaintiff THOMAS WILLIAM GAUGHEN, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, John C. Howett, Jr., Esquire, counsel for Thomas William Gaughen, Defendant in the above-captioned action, hereby certify that a true and correct copy of the foregoing Answer to Complaint in Divorce was served upon Maria P. Cognetti, Esquire, counsel for Plaintiff Maria Louisa Gaughen, by depositing same in the United States mail, first class, on March 9, 2005, addressed as follows: Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Date: 3/1 (os d,~" HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg,PA 17108 Telephone: 717-234-2616 Counsel for Thomas William Gaughen, Defendant MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney LD, No, 27914 21 0 Grandview A venue, Suite 102 Camp Hilt, PA 17011 Telephone No. (7t 7) 909-4060 Attorneys for Plaintiff MARIA LOUISA GAUGHEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 05-761 CIVIL TERM THOMAS WILLIAM GAUGHEN, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW COMPLAINT IN DIVORCE TO THE PROTHONOTARY: Kindly withdraw, on behalf of Maria Louisa Gaughen, Plaintiff herein, the Complaint in Divorce filed in the above-referenced action on February 10,2005, Respectfully Submitted: Date: June 23,2005 By: SSOCIA TES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Plaintiff henlin, do hereby certify that on this date I served the foregoing document by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: John C. Howett, Jr., Esquire HOWETT KISSINGER & CONLEY, P.C. 130 Walnut Street P.O, Box 810 Harrisburg, P A 17108 MARIA P. COGNETTI & ASSOCIATES Date: By: 210 Grandview A venue, Suite 102 Camp Hill, P A 170 II Telephone No. (717) 909-4060 Attorney for Plaintff D '. '" = (;;:;) CJ' o -n :;:l"T] rn~ -01). ::JD -, , ',:<C) r: ::{-; '~,~ ('j '::;r11 -~::\ '..,. ~'-;'"1 :-< N ..,-, -,-YO x- &'