HomeMy WebLinkAbout91-3281
SHIRLEY M. VAUGHN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. jqO( Q.44L Iff!
ROBERT P. VAUGHN, : CIVIL ACTION - LAW
Defendant IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against
the claims set forth in the 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 LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Court Administrator
CUMBERLAND COUNTY COURTHOUSE
One Courthouse Square
Carlisle, PA 17013-3387
(717) 240-6200
SHIRLEY M. VAUGHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO . 52 S I
e)~.c~l I~} 'i !
ROBERT P. VAUGHN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) or 3301(d)
OF THE DIVORCE CODE
1. Plaintiff is Shirley M. Vaughn, who has resided at 49
Country Club Road, Carlisle, Cumberland County, Pennsylvania, for
the last 7 years.
2. Defendant is Robert P. Vaughn, who resides at Mount Airy
Lodge, Mt. Pocono, Pennsylvania.
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 January IS,
1971 in Memphis, Tennessee.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. Neither of the parties in this action is presently a
member of the Armed Forces.
7. The Plaintiff and Defendant are both citizens of the
United States.
B. 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. The Plaintiff avers that the grounds on which the action
is based are as follows:
(a) The marriage is irretrievably broken.
WHEREFORE, Plaintiff requests this Honorable Court:
(A) Enter a decree of divorce;
(B) Grant such further relief as the Court may deem
equitable and just.
Respectfully submitted,
METTE, EVANS & WOODSIDE
~: V
L. LEHMAN, ESQUIRE
Sup. Ct. I. D. #52784
1801 North Front Street
P. O. Box 729
Harrisburg, PA 17108-0729
(717) 232-5000
DATED: September 20, 1991
COMMONWEALTH OF PENNSYLVANIA)
) 55.:
COUNTY OF DAUPHIN )
AFFIDAVIT
Shirley M. Vaughn, being duly sworn according to law, deposes
and says that the facts contained in the foregoing Complaint in
Divorce are true and correct to the best of her knowledge,
information and belief.
1rl. J
aughn
Sworn to and su~~ibed
befo~ me this day
of ~f('J:f-:' ,1991.
~~c J ;J ); 1fItJ//t/oJ
N tary Public
~SlrlI
MDoA. ~,NOWyPtblc
, 'Ha'riStug, Dauphin Cooniy
MJCanmIssion 8<pims Fell. 27, 1995
..
H 105,151 REV 8..80
COMMONWEA.LTH OF PENNSYLVANIA
OEPA.~TMENT' OF HEALTH
VITAL RECORDS
.
. .
CUMBERLAND
DIVORCE
[ill
RECORD OF
OR ANNULMENT
STATE FILE NUM8ER
COUNTY
STATE FILE DATE
(CHECK ONEl
o
HUSBAND
, NAME
,. RESIDENCE
.. NUM8ER
OF THIS
MARRIAGE
(First)
IMiddle)
La"
2. DATE ot y ."
0' 10 8 1946
BIRTH
0<' 4. PLACE "tflor 0,.,,,,, unITY
PA 0'
BIRTH PA
7. USUAL.. OCCUPATION
ROBERT
P.
VAUGHN
StreflrorR.D.
City, Boro. or Twp.
unry
MOUNT AIRY LODGE MOUNT POCONO MONROE
1
6. RACE
WHITE
[i]
BLACK
o
OTHE~peCitVl
HOTEL MANAGEMENT
WIFE
RESloeNCE
srllttl
9. DATE
0'
BIRTH
11. PLACe
0'
BIRTH
I,.. Ol CUPAION
HOMEMAKER
(Monthl
1
ro.yJ
14
fV.-,r
48
8
MAIDEN NAME
(Firstl
fMiddle)
(/..JI$l)
SHIRLEY
M.
"-
County
MUMMERT
'0,
Stfhr or R.D.
Ciry, Bo'O, or Twp.
(Sur. or FOIY;,n Country)
12. NUMBER
OF THIS
t.1ARa'''G~
15. PLACE OF
OF THIS
MARRIAGE
~MBER OF ~HIL.
OREN THIS
MARRIAGE 2
20. NUMBER OF HUSBAND WIFE
CH'LORENToD r[1
CUSTODY Of L:!:.J
22 :;,:\-:. ~r C'~':."iFlEE
49 COUNTRY CLUB RD
113. R~ff]E
{County)
CARLISLE
CUMBERLAND
PA
PA
1
BLACK
o
OTHER (SOlKifyl
o
Ins
NUMBER OF DEPENDENT CM'LllS- PLAINTIFF
CREN UNOER 18 HUSSAND
1 0
SPLIT CUSTODY
o
OTHER tSP.city)
o
16. DATEOF
THIS
MARRIAGE
11~.HDU6~~1
(Month)
1
(DayJ
15
(V..r}
1971
IStat~orFo"ign Ccumry)
SHELBY
TENNESSEE
WIFE
[]I
WIFETO OTHER ISpe<:ifyl
o 0
(Month)
fOJJ>lfl
(V.r)
21, LEGAL GROUNDS FOR
DIVOFlCE OR ANNUl.MENT
~3301(c)
(Month)
23. DATE REPrFJ~r_S~NT ,""
TO VlTAL RECORDS
irretriveably broken
70.yl Y8Olt'J
OTHEFlISo-Cifyl
o
24. SIGNATURE OF
TRANSCRIBINg Cl.ERK
SHIRLEY M. VAUGHN,
Plaintiff
v.
ROBERT P. VAUGHN,
Defendant
,;
:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:
NO. 3281 Civil 1991
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF ACCEPTANCE OF SERVICE
I, P. RICHARD WAGNER, Esqui~e, do hereby accept
service of a true and correct copy of the Complaint in Divorce
directed to my client, ROBERT P. VAUGHN, Defendant in the
above-captioned matter, pursuant to Pennsylvania Rules of Civil
Procedure No. 402(b). I certify that Robert P. Vaughn has
authorized me to accept service on his behalf.
Sworn to and subscribed
befqre me this ~~~ day
of ~~ftYt]A I 1991.
,-:vvrn I Q. ~ i )Q.i4-(
-- Notaryipublic
NOT AfllAL SEAL
TAMI J. STEWART. Notary Public
City of Harrisburg, Dauphin County
M'I Commission E~njre5 Mav 8. 1995
SHIRLEY M. VAUGHN,
Plaintiff,
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v
NO. 91- 3281 CIVIL
ROBERT P. VAUGHN,
Defendant,
IN DIVORCE
AFFIDAVIT OF SERVICE
I, Hubert X. Gilroy, being duly sworn according to law do depose and state that a copy of
the Complaint and Notice to Plea filed in the above referenced matter was served on
Defendant Robert P. Vaughn, an Affidavit of Acceptance of Service was signed by
Defendant's Attorney on Defendant's behalf on September 26, 1991. A copy of the
Affidavit of Acceptance of Service is attached hereto and marked Exhibit A.
~(-
DATE
Hubert X. Gilroy, squire
Attorney for PI . tiff
Broujos & Gi oy, P.C.
4 North Hanover Street
Carlisle, PA 17013
717 - 243-4574
Sworn and subscribed
(;-IcJ~
Notarial S.;al i
Bridget Ann Corcoran, Notary PUb1WiC
Carlisle Boro, Cumberland County
My Commission Expires June 10, 2006
Member, Pen!ls\,':'J;:~!) J:",;_,'.:nci;-:I:7Y1 ot Notaries
I
I'lET E, EVANS II: WOODSIDE,
1 ;, I /1T,T<f+NEYS AT LAW, ~ j
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SHIR12 M. VAUGHN,
PlaintLff
[N TH:: COUET C 10 COMMON PLEAS
:U'~BFRLAND COUNTY, PI:NNSYLVANIA
\'
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3281 CLvil 199]
ROBEI'[ VAUGHN,
Defenda.nt
':I'ln. "CTICiN - LAIi
EN DI'lJRCE
AFJPIC'l!,YI~LOF ~CCJ,P_'l:~CE OF :;;ER'[[Cl~
I" :-'. H ICHARD HAGNER., Esqu.i.,:-e, 00 ;J,:::reby a.c.:e'2'pt
service :)f a true and correct copy of the Complaint in Divorce
direct:e to my client" HOBERT P. VAUGHN, Defendant in th,~
above-Criptioned matter. pu]"suant t,o ]Jennsylvilnia Rules of Civil
Procedue No 402(b).
[ ~erti[y that Robert P. Vaughn has
authc:r.L '\'?d me 1:0 accept- s,3rvice (,1[: i1:~s behalf
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3301(c).not
SHIRLEY M. VAUGHN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v
91-3281
CIVIL TERM
ROBERT P. VAUGHN, II,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 330l(c) OF THE DIVORCE CODE
1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on
September 23, 1991.
2. Defendant was served the Complaint on or about September 27, 1991.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree of divorce without notice.
5. 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.
6. 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.
7. I 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.
1 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
falsification to authorities.
Date: '0 ,'M,v. " 1-.r () L)
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-
SHIRLEY M. VAUGHN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: ClJMBERLAND COUNTY, PENNSYL VANIA
v
91 - 3281 CIVIL TERM
ROBERT P. VAUGHN,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A 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
September 23,1991.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days
bave elapsed from the date of the filing of the Complaint.
3. I consent to the entry of a final decree of divorce without notice.
4. I understand that 1 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. 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.
6. I 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
$tatements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn
falsification to authorities.
llate: I 0 - ;1. ~ - 0 'J.....
'heU
hn, Plaintiff
C:.1.
, -
.-,
,
,
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!SHIRLEY M. VAUGHN,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
: NO. 91-3281 CIVIL TERM
: CIVIL ACTION - LAW
!ROBERT P. VAUGHN, III
: IN DIVORCE
Defendant.
AFFIDA VIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
pn September 23, 1991.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
ffitention to request entry of the decree.
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 are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
DATE: 1)1 / tS"
??L ~-t r ;:>. J ~--'-1r
Robert P. Vaughn, II
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SHIRLEY M, VAUGHN,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
: NO. 91-3281 CIVIL TERM
: CIVIL ACTION - LAW
ROBERT P. VAUGHN, II
: IN DIVORCE
Defendant.
WAIVER OF NOTICE OF INTENTION TO
REOUEST 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! do not claim them before a divorce is
~anted.
3. I understand that I will not be divorced until a divorce decree is entered
~y 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
fa.C.S. ~4904 relating to unsworn falsification to authorities.
,
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Robert P. Vaughn, II
IDATE:
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SHIRLEY M, VAUGHN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
No. 1991-3281
CIVIL TERM
ROBERT P. VAUGHN, II,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
TO: Robert P. Vaughn, II, 4715 S. Rio Grande Avenue, Orlando, FL 32839.
NOTICE
If you wish to deny any of the statements set forth in this affidavit, you must file a counter-
affidavit within twenty days after this affidavit has been served on you or the statements will
be admitted.
AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE
1. The parties to this action separated on Q OflloA.!k, 1911 and have continued to
live separate and apart for a period of ~o years.
2. The marriage is irretrievably broken.
3. 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 are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to
unsworn falsification to authorities.
DATE:-}. 'M.,; '7. 'JlJ/) 1)
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SHIRLEY M. VAUGHN,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff/Respondent,
NO. 3281 Civil 1991
v.
ROBERT P. VAUGHN,
CIVIL ACTION - LAW
Defendant/Petitioner.
IN DIVORCE
PETITION FOR SPECIAL RELIEF
AND NOW, comes your Petitioner, Robert P. Vaughn, by his
attorneys, Mancke and Wagner, and files the following Petition
for Special Relief.
1. Your Petitioner, Robert P. Vaughn, is the Defendant in
the above captioned divorce action. He resides at Mount Airy
Lodge, Mt. Pocono, Pennsylvania.
2. Your Respondent, Shirley M. Vaughn, is an adult
individual residing in Carlisle, Cumberland County, Pennsylvania,
and has instituted an action in divorce on the 23rd day of
September of 1991.
3. Prior to the institution of the suit in divorce by the
Respondent herein, Shirley M. Vaughn, the Petitioner and
Respondent were the owners of certain marital property some of
which were in the form of a money market at Commonwealth National
Bank, a savings account at Farmer's Trust Bank, and a Certiflcate
of Deposlt at'CCNB.
4. The aforementioned accounts were in joint names and
totaled approximately $195,000.00.
5. On or about September, 1991, the Respondent herein did
unilaterally remove the aforementioned accounts and placed all
monies in an unknown location, presumably in another bank account
or in another account in her own name.
6. The Petitioner herein has, on several occasions,
requested through counsel of the parties to have the monies
returned to a joint account, but Respondent herein has refused
and continues to refuse to do so.
7. Petitioner believes and therefore avers that the
unilateral actions by the Respondent herein can or could
jeopardize the integrity of the accounts by first having them
removed so that they are totally under the control of the
Respondent herein and secondly because the Respondent now not
only has unilateral control but also is subject to any creditor
of the Respondent attaching those proceeds for any judgment that
mayor may not be entered against her in the future.
8. Petitioner further believes and therefore avers that the
unilateral transfer can jeopardize the integrity of the joint
marital assets and the action by the Respondent constitutes
potential dissipation of a marital asset.
3
VERZDCATiQN
I verlfy that the statements m~do In the forego1nS docum&nt
~re true and correct.
I undarstand that f~l&e stataments herein
are made subject to the penalties of 18 Pa.C.S. Section 4904,
relatin; to unsworn falsification to author1ties.
z~~~~
Dated:. A"'iz,o.I..:!~ / <? '12-
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SHIRLEY M. VAUGHN.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintlff/Respondent,
NO. 3281 CiVll 1991
V.
ROBERT P. VAUGHN,
CIVIL ACTION - LAW
Defendant/Petitioner.
IN DIVORCE
ORDER
AND NOW, thi s-1ill. day of__AJL~'~.2t___~.._, 1992, upon
Petition of Robert P. Vaughn, a Rule is hereby issued upon the
Respondent, Shirley M. Vaughn, to show cause why, if any, the
relief requested herein, in the form of returning the proceeds
from a Certificate of Deposit at CCNB Bank, a money market at
Commonwealth National Bank, and a savlngs account at Farmer's
Trust Bank, should not be returned to joint names.
Ru 1 e retu rnab 1 e the ..)/ )<1 .~ day of _':'':'d< /J:{~'_-L,--<-,_,____,
1992, at
/1' .j(
o'clock _,_--t,-.m.
in Courtroom No.
I-.~ -.
~~..- ----- ,
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT:
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SHIRLEY M. VAUGHN
Plaintiff
vs.
ROBERT P. VAUGHN
NO.
3281
19 91
SH[RLEY M. VAUGHN
a master with ect to the
( Divorce
( ) Annulment
( ) Alimony
( ) Alimony Pendente
MOTION FOR APPOINTMENT OF MASTER
(Plaintiff) (E~Z' moves the court to appoint
following claims:
( , Distribution of Property
( ) ?ttpport
(~ ~unsel Fees
(~Costs and Expenses
Lite
and ~n support of the motion states:
(1) Discovery is complete as to the claims(s) for which the
appo~ntment of a master is requested.
(2) THe d fendant (h s) (has
(by qis attorney, r . C
(3) The
the action (personally)
,Esquire).
(are)
(4) Delete the inapplicable paragraph(s):
(a) The action is not contested.
(b) An agreement has been reached with respect to the
following claims: /V()/t..o(-
(c) The/action is contested with respect to the following
clainls: A- (
(5) The action (il""\Jlv~o:)1 (does not involve) complex issues of law
or fact.
(6)
(7)
The hearing is expected to take
Additional information, if any.
/
relevant
{tlUUI.S'
to the motion:
(days) .
AND NOW h \ l, l
is a~pointed master
ORDER APPOINTING MASTER
2 C ,19,(1, r. \j'.L( rl
with respect to the following claims: " ,-.
Esquire
Esquire,
Date: November 20, 1997
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By the Court:
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SHIRLEY M. VAUGHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
V
~OBERT P. VAUGHN,
Defendant
NO. 91-3281 CIVIL
PETITION TO RAISE ADDITIONAL CLAIM
flaintiff, Shirley M. Vaughn, by her attorneys, Broujos & Gilroy, p.e, sets forth the
.ollowing:
1.
The plaintiff has filed the divorce action against the Defendant in the above
captioned term and number.
2.
The parties possess various items of personal property that is subject to equitable
distribution.
3.
Plaintiff requests the Defendant to reimburse her for counsel fees, expenses and
costs of the litigation.
tNherefore, Plaintiff requests the following claims also be litigated in the divorce action:
1. Equitable distribution of marital property.
2. Plaintiff's claim for counsel fees.
3. Plaintiff's claim for costs and expenses.
Respectfully submitted. _
~GilCOY' ,,,,,ire
Attorney for Plaintiff
BROUJOS & GILROY, P. c.
JOHN H. BROUIOS
HUBERT X. GILROY
ATTORNEYS AT LAW
4 NORTH HANOVER STREET
CARLISLE, PENNSYLVANIA 17013
717-243-4574
NON-ToLL FOR HARRISBURG AREA
717-766-1690
FA" 243-8227
September 14, 1998
E. Robert Elicker, II
Divorce Master
Cumberland County Courthouse
Carlisle, PA 17013
Re: Vaughn v Vaughn
Dear Bob:
Enclosed in the above referenced matter is a Petition I filed with the Prothonotary Raising
the Claims on Equitable Distribution, counsel fees and costs in the above referenced case.
Tracey in your office had indicated to me that proceeding on the Master's Appointment
had been held up pending the filing of this document.
I request that you schedule further proceedings in this matter so that we can move this
case along.
dch
Enclosure
cc: P. Richard Wagner, Esquire
Shirley M. Vaughn
Charles Wolf, Esquire
SHIRLEY M. VAUGHN,
Plaintiff/Respondent:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
NO. 3281 CIVIL 1991
CIVIL ACTION - LAW
V.
ROBERT P. VAUGHN,
Defendant/Petitioner:
IN DIVORCE
ORDER OF COURT
AND NOW, this 2. '" l~ day of July, 1994, upon relation of
Petitioner's counsel, P. Richard Wagner, Esquire, that an agreement
has been reached in the above matter, the hearing scheduled for
July 26, 1994 is CANCELLED and the temporary order entered July 22,
1994, shall remain in effect.
BY THE COURT,
./1 /J /
J.
P. Richard Wagner, Esquire
Counsel for Defendant/Petitioner
Hubert x. Gilroy, Esquire
'Counsel for Plaintiff/Respondent
:epj
-------------------------------
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---------------
~HIRLEY M. VAUGHN,
i Plaintiff/Respondent
VS.
SEP '. l(',y.
,,' j;:)IJI 'I
.... ,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 3281 CIVIL 1991
CIVIL ACTION - LAW
~OBERT P. VAUGHN,
Defendant/petitioner
IN DIVORCE
IN RE: PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this 2nd day of September, 1992,
!following a hearing on the petition for special relief submitted
!by the Defendant, Robert P. Vaughn, and upon consideration of
!the representations and arguments of counsel, it is ordered and
i
I
Idirected that the Plaintiff return to joint accounts from which
,
Iwithdrawals may be made only with the signatures of both parties
Ithe sum of $144,000.00, and it is further ordered and directed
I
Ithat the Defendant make no disposition of the stock which has
!been referred to in this hearing. This order shall remain in
effect pending further order of Court. Nothing in this order is
intended to represent a finding, preliminary or otherwise, on
the issue of equitable distribution.
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P. Richard Wagner, Esquire
Counsel for Defendant/Petitioner
Hubert X. Gilroy, Esquire
Counsel for Plaintiff/Respondent
1 :slr
SHIRLEY M. VAUGHN,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 3281 CIVIL 1991
CIVIL ACTION - LAW
ROBERT P. VAUGHN,
Defendant/Petitioner
IN DIVORCE
IN RE: PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this 2nd day of September, 1992,
following a hearing on the petition for special relief submitted
by the Defendant, Robert P. Vaughn, and upon consideration of
the representations and arguments of counsel, it is ordered and
directed that the Plaintiff return to joint accounts from which
withdrawals may be made only with the signatures of both parties
the sum of $144,000.00, and it is further ordered and directed
that the Defendant make no disposition of the stock which has
been referred to in this hearing. This order shall remain in
effect pending further order of Court. Nothing in this order is
intended to represent a finding, preliminary or otherwise, on
the iss~ of ~quitable distribution.
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P. Richard Wagner, Esquire
Counsel for Defendant/Petitioner
Hubert X. Gilroy, Esquire
Counsel for Plaintiff/Respondent
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SHIRLEY M. VAUGHN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
V
:NO. 3281 - CIVIL - 1991
.
.
Defendant
:CIVIL ACTION - LAW
:IN DIVORCE
ROBERT P. VAUGHN,
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw the appearance of the firm of Mette, Evans &
Woodside on behalf of Shirley M. Vaughn in the above matter.
i?/r; #;{
'DATE
(
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'--
Maria P. i, Esquire
Mette, E ans oodside
1801 North Front Street
P.O. Box 729
Harrisburg PA 17108-0729
r::.:-
-
SHIRLEY M. VAUGHN,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
V
:NO. 3281 - CIVIL - 1991
:
ROBERT P. VAUGHN,
Defendant
:CIVIL ACTION - LAW
:IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Please enter the appearance of Broujos, Gilroy & Houston, P.C.
in the above referenced matter on behalf of the Shirley M.
Vaughn.
Ctl/&( r~
DATE
Hubert X. Gilroy, Es
Attorney for Plaint' f
Broujos, Gilroy & Houston, P.C.
4 North Hanover Street
Carlisle PA 17013
717-243-4574
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LAW OFFICES
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~ "'" APE HERE" ~,.~ ro ""
A WRITTEN RESPONSE TO THE:
""""".
VI ITHIN twENTY (20) DAYS FROM
HEREOF OF! A JUDGMENT
.\{ :Y8EENTEREDAaAlNST'I"OU
;"'\ ATTOAHEY
~
WE D.O HERE Y CERTIFY THAT
THE WITHIN IS A TRUE ANO COR.
RECT COPY F THE ORIGINAL
FllB> IN THIS
BY
MANCKE, WAGNER, HERSHEY & TULLY
EY
ORDER
AND NOW, this Jd ~day of
upon Petition for of ROBERT P. VAUGHN, it is hereby
, 1995,
ERED that
the divorce may proceed under the new divorce master system.
BY THE COURT:
hh~ E . if,
J.
SHIRLEY M. VAUGHN,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
: NO. 3281 CIVIL 1991
:
CIVIL ACTION - LAW
ROBERT P. VAUGHN,
IN DIVORCE
Defendant.
PETITION
AND NOW, comes the Petitioner, ROBERT P. VAUGHN, by and
through his attorneys, MANCKE, WAGNER, HERSHEY & TULLY, and files
the following Petition to proceed under the new divorce master
system:
1. Your Petitioner, ROBERT P. VAUGHN, is the Defendant
in the above-captioned matter.
2. The Respondent, SHIRLEY M. VAUGHN, is the Plaintiff
in the above-captioned matter.
3. The divorce action was filed prior to December 1,
1991.
4. There has been no Master appointed in this matter.
5. Petitioner and Respondent have been separated for a
~eriod in excess of two years and has considerable marital
~roperty which cannot be agreed upon as far as division is
Cl:oncerned.
6. Petitioner requests this Court to permit Petitioner
to proceed under the new divorce master system.
-I
7. Petitioner is filing a $125.00 fee with this
Petition.
WHEREFORE, Petitioner requests that he be permitted to
proceed with the appointment of a master under the new divorce
jnaster system.
Respectfully submitted,
IlANCltB, .1\
....../
, HERSHEY , TULLY
.---.-......
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,
Esqul.re
Front street
urg, PA 17110
234-7051
Attorney for Petitioner
~ATE:
1- 3 qs-
SHIRLEY M. VAUGHN, IN THE COURT OF COMMON PLEAS
. CUMBERLAND COUNTY, PENNSYLVANIA
.
Plaintiff,
v. . NO. 3281 CIVIL 1991
.
CIVIL ACTION - LAW
ROBERT P. VAUGHN, :
IN DIVORCE
Defendant. .
.
AND NOW,
ORDER
thiS..!d ttfday of
~<
, 1995,
upon Petition for of ROBERT P. VAUGHN, it is hereby
ERED that
the divorce may proceed under the new divorce master system.
BY THE COURT:
Mcv1 t= -J1,
J.
SHIRLEY M. VAUGHN,
Plaintiff/Respondent:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
3281 CIVIL 1991
ROBERT P. VAUGHN,
Defendant/Petitioner:
CIVIL ACTION - LAW
IN DIVORCE
PETITION FOR SPECIAL RELIEF
AND NOW comes Your Petitioner, Robert P. Vaughn, by his
attorneys, Mancke, Wagner, Hershey & Tully, and files the following
petition for special relief:
1. Your Petitioner, Robert P. Vaughn, is an adult individual
residing at 49 Country Club Road, Carlisle, Cumberland County,
Pennsylvania.
2. The Respondent, Shirley M. Vaughn, resides in a property
other than that set forth in paragraph one above.
3. The parties' marital home is at 49 Country Club Road,
where the Petitioner currently resides.
4.
On or about the weekend of July 21st,
1994,
the
Respondent returned to the marital home and spent the night.
5. Upon inquiry by Petitioner as to why the Respondent had
returned to the marital home, Respondent advised Petitioner that
she was conducting a yard sale during the weekend of July 22nd and
23rd of 1994, at which point in time she intended to sell the
fUrniture, personal property and other items in the marital home,
6. Your Petitioner, through counsel, contacted counsel for
the Respondent, in an effort to try to reach an amicable resolution
to avoid the sale or distribution or transfer of marital assets,
but no such understanding was reached.
7. Petitioner, through counsel P. Richard Wagner, advised
counsel for the Respondent, Hubert Gilroy, that a petition for
injunctive relief would be filed and notification was therefore
given of the filing of this petition for special relief.
8. Respondent's counsel acknowledged that Petitioner should
file the same to avoid the sale and the consequences thereof.
9. Petitioner believes and therefore avers that the
Respondent intends to conduct a yard, garage or similar type of
sale at the marital residence during the weekend of July 22nd, 1994
and intends to otherwise sell, transfer, give away or dissipate
marital assets of the parties in the form of personal property,
fUrniture, etc. and further intends to sell, transfer or otherwise
dissipate assets belonging personally to Robert Vaughn.
10. Respondent has in the past removed marital property from
the home without consent of the Petitioner,
11. Peti tioner requests the Court to enjoin the sale as
having not been consented to by the Petitioner and otherwise
constituting a dissipation of marital assets, and the removal of
marital property from the marital home.
WHEREFORE, Petitioner prays This Court to grant the relief
requested.
Date:
.. I. ,J.c).. q~1
MANCKE, WAGNER, HERSHEY, & TULLY
Attornevs for Petitioner
. /
/
/
/
By:
P. Rich~d W gner, Esquire
2233 North ront Street
Harrisbu ,PA 17110
1717) 4-7051
Supreme Court I.D. #23103
VERIFICATION
I verify that the statements made in the foregoing document are true
and correct. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to
authorities.
'1~ r. tJ~O :;:v
r V
Date:
SHIRLEY M. VAUGHN,
Plaintiff/Respondent:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 3281 CIVIL 1991
ROBERT P. VAUGHN,
Defendant/Petitioner:
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, P. Richard Wagner, hereby certify that on this date
Petitioner's Petition for Special Relief was served on all
interested parties by depositing a true and correct copy of the
same in the United States Mail, regular mail, postage prepaid at
Harrisburg, Pennsylvania, addressed as follows:
Hubert X. Gilroy, Esq.
4 North Hanover Street
Carlisle, PA 17013
/~/.
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Date:
--, . .:).j. q,..J
L-
SHIRLEY M. VAUGHN,
Plaintiff/Respondent:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 3281 CIVIL 1991
ROBERT P. VAUGHN,
Defendant/Petitioner:
CIVIL ACTION - LAW
IN DIVORCE
ORDER
AND NOW, this ~lday of ~, 1994, upon petition
of Robert p, Vaughn, the Respondent, Shirley M. Vaughn, is ordered
and enjoined from the sale, transfer or distribution of any assets
of the parties or assets of the Petitioner herein at a yard sale on
Jul y 23, 1994 or any simi lar yard sale or garage sale without
further order of court.
removing marital property from t
rital residence,
and
Respondent is directe
1 e an inventory of all marital property
h
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----
SHIRLEY M. VAUGHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
V
ROBERT P. VAUGHN,
Defendant
NO. 91-3281 CIVIL
PETITION TO RAISE ADDITIONAL CLAIM
Plaintiff, Shirley M. Vaughn, by her attorneys, Broujos & Gilroy, P.C, sets forth the
following:
1.
The plaintiff has filed the divorce action against the Defendant in the above
captioned term and number.
2.
The parties possess various items of personal property that is subject to equitable
distribution.
3.
Plaintiff requests the Defendant to reimburse her for counsel fees, expenses and
costs of the litigation.
Wherefore, Plaintiff requests the following claims also be litigated in the divorce action:
1. Equitable distribution of marital property.
2. Plaintiff's claim for counsel fees.
3. Plaintiff's claim for costs and expenses.
Respectfully submitted. _
~GHroY, """;re
Attorney for Plaintiff
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SHIRLEY M. VAUGHN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 3281 CIVIL 1991
ROBERT P. VAUGHN,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this (?!/ ~ day of r;z-t/1'LL/'
2002, counsel having advised the Master's office on August
30, 1999, that the above captioned case was settled, and no
agreement having been provided the Master's office, the
appointment of the Master is vacated.
BY THE COURT,
.J.
cc: Hubert X. Gilroy
Attorney for Plaintiff
P. Richard Wagner
Attorney for Defendant
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PROPERTY SETTLEMENT AGREEMENT
t\
THIS IS AN Agreement made this d <{ day of ~OV ,1999, by and between Robert
P. Vaughn, (hereinafter referred to as Husband) and Shirley M. Vaughn, (hereinafter referred to as
Wife).
WHEREAS, Husband and Wife were married on January 15, 1971; and
WHEREAS, various differences have arisen between Husband and Wife, whereby they have been
living separate and apart; and
WHEREAS, the Wife has commenced a divorce action against Husband docketed at No.91-3281
in Cumberland County, Pennsylvania; and
WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the property
rights of the parties and to dispose of the rights and obligations of each to the other in respect to
support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and
obligations under the Divorce Code of 1980, as amended, and it is the intention and agreement of
the parties that this Agreement be a full, complete and fInal settlement of all of those rights and
obligations under said Divorce Code; and
NOW, THEREFORE, for and in exchange ofmutuaJ considerations, and intending to be bound by
the provisions hereof, the parties agree that their recitals form a part of this Agreement and waive
any right to counseling under the Divorce Code of 1980, as amended, and right to counsel fees,
costs, alimony, support, maintenance, and any other rights under the said Divorce Code not
provided for herein and agree as follows:
1
The parties agree that it shall be lawful for each party, at all times hereafter, to live separate and
apart from the other, at such place or places as he or she may, from time to time, choose or deem fIt.
Each party shall be free from interference, authority or contact by the other, as fully as if he or she
were single and unmarried, except as may be necessary to carry out the provisions of this
Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor
compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way
interfere with the peaceful existence, separate and apart, from the other.
,~
2
Husband shall have exclusive ownership of the marital real estate at 49 Country Club Road,
Carlisle, Pennsylvania. Wife shall execute all docwnentation necessary to transfer any and all
interest she has in said real estate to Husband.
3
The Delorean automobile shall be the exclusive property of Wife and the N6 automobile shall be the
exclusive property of Husband.
4
The parties own one thousand (1,000) shares of Manor Care stock and one thousand (1,000) shares
of Choice Hotel stock. These stocks shall be split equally between the parties with Husband
receiving five hundred (500) shares of Manor Care and five hundred (500) shares of Choice Hotel
stock and wife receiving five hundred (500) shares of Manor Care and five hundred (500) shares of
Choice Hotel stock. '
5
Husband shall maintain all personal property in his possession as his exclusive property, and Wife
shall maintain all personal property in his possession as his exclusive property.
6
Wife shall maintain sole ownership of the real estate located at 301 West Pine Street, Mt. Holly
Springs, Pennsylvania. Husband shall execute any and all docwnents necessary to transfer any
interest in said real estate.
7
\Wife shall have exclusive ownership of the monies located in the MellonJPNC Bank account which
jhas an approximate value ofFlFTY FIVE THOUSAND ($55,000.00) DOLLARS at this time.
8
~y savings bonds in the name of Wife or in the name of the parties' children that are in the
possession of Husband shall be delivered to Wife and Wife shall be the exclusive and sole owner of
~aid bonds.
9
$ach party hereby represents that they have disclosed all of the marital assets to the other party in
$e negotiations for the consummation of this Agreement.
~ .
20
This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania.
21
If any term, condition, clause or provision of this Agreement shall be detennined or declared to be
void or invalid in law or otherwise, then only that term, condition, clause or provision shall be
stricken from this Agreement, and, in all other respects, this Agreernent shall be valid and continue
in full force, effect and operation.
22
Except as otherwise set forth herein, this Agreement shall be binding and shall inure to the benefit
of the parties hereto and their respective heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year
first above written.
WITNESS
/
/
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Robert P. Vaughn
:,
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f__.----
(
SHIRLEY M. VAUGHN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v
NO. 91-3281 CIVIL
ROBERT P. VAUGHN,
Defendant
CIVIL ACTION - LAW
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 (x )3301(c) 03301(d)(1)
of the Divorce Code. (Check applicable section.)
2. Date and manner of service of the Complaint: on or about September 26, 1991,
Affidavit of Acceptance of Service signed by Defendant's Attorney, P. Richard Wagner,
Esquire.
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: October 28, 2002; Defendant: April I, 2005 .
(b) (I) Date of execution of the Plaintiffs affidavit required by Section 3301(d) ofthe
Divorce Code:_; (2) Date of service of the Plaintiffs affidavit upon the Defendant:_.
4. Related claims pending: None.
5. Complete either (a) (b).
(a) Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached:
(b) Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the
Prothonotary: October 28, 2002.
(c) Date Defendant's Waiver
Prothonotary: April 22, 2005
of Notice in ~3302(
UJiI1:1
Hubert X. Gilroy, Es
Attorney for Plaint'
Broujos & Gilro); C
4 North Hanov Street
Carlisle, PA 013
717-243-4574
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
.
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PENNA.
STATE OF
Shirley M. Vaughn
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.
NO. 91-3281
Plaintiff
VERSUS
Robert P. Vaughn
.
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Defendant
DECREE IN
DIVORCE
,.
, .2~, IT IS ORDERED AND
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AND NOW,
M~l t,
Shirley M. Vaughn
, PLAINTIFF,
DECREED THAT
Robert P. Vaughn
, DEFENDANT,
AND
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;
PTOpP-Tty Sp-rr1p.mpnt A~rppmpn~ ~Rtp~ Nnvp.mhpr ?Q, lqqq
is incorporated into this Order.
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A J. .
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++ ++++++++. +++++++ ++++ +++++++++++ +++++ +++.++++?
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