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HomeMy WebLinkAbout05-2445Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHY A. DOUGHERTY, Plaintiff V. RICHARD M. DOUGHERTY. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D S- ? Y q s' (Jw?Q T.,..-. CIVIL ACTION - LAW IN DIVORCE / CUSTODY 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, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHY A. DOUGHERTY, Plaintiff V. RICHARD M. DOUGHERTY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 S. ), q 4 5 C" `?-- CIVIL ACTION - LAW IN DIVORCE / CUSTODY COMPLAINT IN DIVORCE Plaintiff is KATHY A. DOUGHERTY, an adult individual residing at 1101 Lindham Court, Apt. 203, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is RICHARD M. DOUGHERTY, an adult individual residing at 912 Wakefield Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on September 13, 1986 in Pennsylvania. 5. There are three (3) minor children born of this marriage: Katie L. Dougherty, born June 11, 1988; Patrick Y. Dougherty, born February 12, 1990 and Kelly E. Dougherty, born April 10, 1991. 6. The parties separated on September 1, 2004. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNTI - DIVORCE FAULT 10. The averments in paragraphs 1 through 9, inclusive of Plaintiffs Complaint are incorporated herein by reference thereto. 11. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel and barbarous to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. NO FAULT 12. The averments in paragraphs 1 through 11 inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 13. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with 3 3301 of the Pennsylvania Divorce Code. INDIGNITIES 14. The averments in paragraphs 1 through 13, inclusive of Plaintiffs Complaint are incorporated herein by reference thereto. 15. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 16. The averments in paragraphs 1 through 15 of Plaintiffs Complaint are incorporated herein by reference thereto. 17. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY I& The averments in paragraphs 1 through 17, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 19. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT IV ATTORNEY'S FEES AND COSTS M The averments in paragraphs I through 19, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 21 _ Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. COUNT V CUSTODY COMPLAINT 22. The averments in paragraphs I through 21 of Plaintiffs Complaint are incorporated herein by reference thereto. 23. Plaintiff seeks shared legal and shared physical custody of the following children: NAME PRESENT RESIDENCE DATE OF BIRTH Kelly E. Dougherty 912 Wakefield Avenue 4/10/1991 Mechanicsburg, PA 17055 Patrick Y. Dougherty 912 Wakefield Avenue 2/12/1990 Mechanicsburg, PA 17055 Katie L. Dougherty 912 Wakefield Avenue 6/11/1988 Mechanicsburg, PA 17055 24. The children are presently in the custody of Father who currently resides at 912 Wakefield Avenue, Mechanicsburg, Pennsylvania 17055. 25. During the past five years the children have resided with the following persons at the following addresses: DATES ADDRESSES NAMES OF PERSONS IN HOUSEHOLD 1999 to 912 Wakefield Avenue 9/1/2004 Mechanicsburg, PA 9/1/2004 to 912 Wakefield Avenue Present Mechanicsburg, PA Mother, Father and children Father and children The parties are presently married but separated. Mother physically vacated the marital residence on September 1, 2004. 26. The Mother of the children is Kathy A. Dougherty, currently residing at 1101 Lindham Court, Apt. 203, Mechanicsburg, Cumberland County, Pennsylvania 17055. 27. The Father of the children is Richard M. Dougherty, currently residing at 912 Wakefield Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 28. The relationship of the Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Kathy A. Dougherty Self 29. The relationship of the Defendant to the children is that of Father. The Defendant currently resides with the following person: NAME RELATIONSHIP Richard M. Dougherty Self Kelly E. Dougherty Patrick Y. Dougherty Daughter Son Katie L. Dougherty Daughter 30. Plaintiff has not participated as a party of a witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 31. Plaintiff has no information of a custody proceeding concerning the children pending in any court in this Commonwealth. 32. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 33. The best interest and permanent welfare of the children will be served by granting the relief requested because Mother wishes to be involved with al l decisions regarding her children and Father continues to refuse to foster a relationship between the children and their Mother. Mother can provide a stable, loving environment for her children while they are in her custody. Mother also feels that it would be in the best interest of the children to attend family counseling at an attempt to foster each relationship. 34. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant shared legal custody and shared physical custody of the children to the Plaintiff. Plaintiff also requests an order be entered for the family to attend family counseling. WHEREFORE, Plaintiff, KATHY A. DOUGHERTY, prays this Honorable Court to enter judgment: Dated: Barbara Sumple-Sullivan, Esquire ` Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; C. Awarding Plaintiff support, alimony and alimony pendente lite; D. Awarding Plaintiff counsel fees, costs and expenses; E. Awarding Plaintiff shared legal and shared physical custody of the parties children; F. Ordering the parties to attend family counseling with the children; and G. Awarding other relief as the Court deems just and rea n le. 2005 / i? , ?j Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHY A. DOUGHERTY, Plaintiff V. RICHARD M. DOUGHERTY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, CIVIL ACTION - LAW IN DIVORCE / CUSTODY AFFIDAVIT REGARDING COUNSELING 1 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 Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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. Dated: - ?? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHY A. DOUGHERTY, Plaintiff V. RICHARD M. DOUGHERTY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE / CUSTODY VERIFICATION I, KATHY A. DOUGHERTY, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE / CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated /U - 0 113- ? ?? t.i c_1 ? 1 - .: + --i 32, - _ . . 7? _rt ?,,,? h - _•` _? ? ? ? ? , n ?v N '; r S ? w ? _ TI-;i ? u "-? W "-7 U1 =) ? _ v v ,? ? ? ?' d W fl KATHY A. DOUGHERTY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-2445 CIVIL. ACTON LAW RICHARD M. DOUGHERTY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, May 17, 2005 _ , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at DJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Monday, June 20, 2005 at 11:00 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: NY Melissa P_Gree_v_y Esg_ 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 SEC 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 fir' yam' ? ? j-o 51,5 1444.=ni:C? 3.01??,d U.020° r 3/4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717 774.1445 KATHY A. DOUGBERTY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-2445 RICHARD M. DOUGHERTY, CIVIL ACTION -LAW Defendant : IN DIVORCE / CUSTODY ACCEPTANCE OF SERVICE I, Jeffrey N. Yoffe, Esquire, having been authorized to accept service on behalf of Mr. Richard M. Dougherty, hereby personally accepts service and acknowledges receipt of the Order of Court rescheduling the Pre-Bearing Custody Conference for July 1, 2005 at 9:00 a.m. in/ the above-captioned matter, having received said Notice on the e"-016 day of All 1 2005. ?Y R 1V. Y EE, ESQUIRE Yoffe & Yoffe, P.C. 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 Attorney for Defendant Barbara Sumple-Sullivan, Esquire Supreme Court#32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHY A. DOUGHERTY, Plaintiff V. RICHARD M. DOUGHERTY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2445 CIVIL ACTION - LAW IN DIVORCE / CUSTODY ACCEPTANCE OF SERVICE I, Jeffrey N. Yoffe, Esquire, having been authorized to accept service on behalf of Mr. Richard M. Dougherty, hereby personally accepts service and acknowledges receipt of a Divorce/Custody Complaint in the above-captioned matter, having received said Notice on the V1 day of ?w 2005. yo f f 6 and yo N ? ?. R-? FFREY N. YOFFE, ESQUIRE Yoffe & Yoffe, P.C. 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 Attorney for Defendant 'rr'• '_i "_ _s 5 RECEIVED AUG 01 2005 KATHY A. DOUGHERTY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-2445 CIVIL TERM V. RICHARD M. DOUGHERTY, CIVIL ACTION - LAW IN CUSTODY Defendant INTERIM ORDER OF COURT AND NOW, this day of August, 2005, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Kathy A. Dougherty and Richard M. Dougherty, shall have shared legal custody of the minor children, Katie L. Dougherty, born June 11, 1988; Patrick Y. Dougherty, born February 12, 1990; and Kelly E. Dougherty, born April 10, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Father shall have temporary primary physical custody, subject to Mother's rights of partial custody which shall be arranged as follows: A. For three (3) weeks commencing August 1, 2005, on Monday, Wednesday and Friday from 9:00 a.m. to 9:00 p.m.; and on August 28, 2005 from 9:00 a.m. to 9:00 p.m. B. Commencing August 30, 2005, Mother shall have custody of Katie each Tuesday from after school until 9:00 p.m.; Mother shall have custody of Patrick each Wednesday from after school until 9:00 p.m.; and Mother shall have custody of Kelly each Thursday from after school until 9:00 p.m. During these periods of custody, Mother shall ensure that the children are able to continue to attend any extracurricular activities in which they have historically participated. NO. 05-2445 CIVIL TERM C. Commencing September 3, 2005, Mother shall have custody of the children for three (3) consecutive Saturdays from 9:00 a.m. to 9:00 p.m. followed by one weekend when Father has custody of the children. This weekend schedule of three (3) Saturdays with Mother followed by one (1) with Father shall continue pending hearing, an agreement, or recommendation of the therapist. 3. The parties shall participate in therapeutic family counseling to address the estrangement that exists in the relationship between Mother and the children. Father shall participate in this process upon the request of the therapist and shall assist in getting the children to the appointments as needed. Un-reimbursed expenses for the counseling shall be borne by the parties in proportion to their pro rata percentage of net income, as in the formula typically used by domestic relations. 4. The parent receiving custody shall be responsible for transportation incident to the custodial exchanges. 5. A hearing is spheduled in Co rtro m Number 11- of the Cumberland County C rthouse, on the *T- day of f A 2005, at /'O V o'clock .M., at which time testimony will be taken. For the purposes of the hearing, the Mother, Kathy A. Dougherty, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY J. Dist: Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 „_ _ D .0 d y 0 Jeffrey N. Yoffe, Esquire, 214 Senate Avenue, Suite 203, Camp Hill, PA 17011 ??° 14. ?u,: i31 ,al ??7 KATHY A. DOUGHERTY, Plaintiff V. RICHARD M. DOUGHERTY, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2445 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Katie L. Dougherty Patrick Y. Dougherty Kelly E. Dougherty July 11, 1988 February 12, 1990 April 10, 1991 Father Father Father 2. Mother filed a Complaint in Divorce, including a count for custody on May 12, 2005. The parties separated on September 1, 2004. A Custody Conciliation Conference was held on July 20, 2005 with the following individuals in attendance: the Mother, Kathy A. Dougherty, and her counsel, Barbara Sump le-Sullivan, Esquire; the Father, Richard M. Dougherty, and his counsel, Jeffery N. Yoffe, Esquire. 3. Mother's Position on Custodv is as Follows: Mother seeks shared legal and shared physical custody of the children. She plans to attend HACC Monday through Friday effective August 22, 2005. She reports that Father refuses to foster her relationship with the children and seeks family counseling to include the children and the parents. Mother alleges that Father has long had a problem with alcohol. She reports that she was a stay- home mother and primary caregiver for the vast majority of the marriage and that Father only began being more active with the children and working more at home in the period of time immediately preceding the separation. Mother has had no vacation with the children this summer, the parties have no fixed schedule and the children have not been with Mother overnight since separation. Mother is residing in a two-bedroom apartment in Mechanicsburg. Mother is concerned that the children are alienated by Father. She believes that Father should take a more active role in requiring the children to address their relationship with her rather than giving the children so much decision-making authority with regard to whether or not they have a relationship with her. As an interim plan and pending counseling, Mother proposed a gradually increasing schedule which would provide regular NO. 05-2445 CIVIL TERM contact with small increases in custodial time at three week intervals, eventually ending in a alternating weekend schedule supplemented by one overnight per child each week while the parties continued counseling. Mother expressed concern that without a requirement of frequent and continuing contact, the children's emotional distance from her will only be further complicated. 4. Father's Position on Custody is as Follows: Father alleges that Mother has a drinking problem and some mental health issues. Initially, he claimed the biggest issue for the children with regard to spending time with Mother was spending overnight time at her home. Later in the discussion, when there was consideration of arranging an initial custodial schedule that did not require overnight periods of custody, but rather large blocks of daytime custody, Father indicated that this would be a concern as well. Father believes that, philosophically, a plan which would include counseling and gradually increasing contact with the children is reasonable. He objects to any plan that specifies when overnights would begin without the recommendations of a counselor. He does not like the therapist that Mother is using but would agree to select a new therapist from a list of participating providers in the health insurance program which covers the family. Father has vacation planned from July 22, 2005 through July 29, 2005 and August 20, 2005 through August 27, 2005. Father's counsel wanted the children to have an opportunity to express their view, particularly in light of their ages. However, when it became clear that the children's preferences would not be dispositive for Mother, the Conciliator declined to see the children. Father expressed some concerns that forcing the children over their objection to spend substantial amounts of time with Mother would be to their detriment. 5. Because the parties do not have any agreement with regard to Mother's contact with the children other than to begin therapeutic family counseling and that Mother would participate in a shared legal custody arrangement with Father, a recommended Interim Order is necessary. The parties are also in need of a hearing. The children are ages 17, 15 and 14. Their pa s have a vastly di with regard to how much of a factor the children's prefe ces should be with r gard to sett g the custodial schedule. I/I Y/h ( 11 ,, C90 Znsn / Melissa Custody :255720 d Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 KATHY A. DOUGHERTY, Plaintiff V. RICHARD M. DOUGHERTY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2445 CIVIL ACTION - LAW IN DIVORCE / CUSTODY DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER NAME Kathy A. Dougherty ADDRESS 1101 Lindham Court, Apt. 203 Mechanicsburg, PA 17055 BIRTH DATE March 30, 1955 SOCIAL SECURITY NUMBER 209-46-1630 HOME PHONE 717 766-1612 WORK PHONE EMPLOYER NAME Unemployed EMPLOYER ADDRESS JOB TITLE/POSITION DATE EMPLOYMENT COMMENCED GROSS PAY NET PAY OTHER INCOME ATTORNEY'S NAME Barbara Sum le•-Sullivan, Esquire ATTORNEY'S ADDRESS 549 Bridge Street New Cumberland, PA 17070 ATTORNEY'S PHONE NUMBER 717 774-1445 RESPONDENT NAME Richard M. Dougherty 912 Wakefield Avenue Mechanicsburg, PA 17055 BIRTH DATE Aril 21, 1953 SOCIAL SECURITY NUMBER 207-44-5218 HOME PHONE 717 790-0809 WORK PHONE EMPLOYER NAME Strategic Products & Services EMPLOYER ADDRESS Cam Hill PA 17011 JOB TITLE/POSITION Client Executive DATE EMPLOYMENT COMMENCED GROSS PAY A roximatel $162,000.00 NET PAY OTHER INCOME ATTORNEY'S NAME Jeffrey N. Yoffe, Esquire Law Offices of Yoffe & Yoffe, P.C. ATTORNEY'S ADDRESS 214 Senate Avenue, Suite 203 Cam Hill, PA 17011 ATTORNEY'S PHONE NUMBER 717 975-1838 MORTGAGE INFORMATION DATE OF MARRIAGE Se tember 131986 PLACE OF MARRIAGE Newark, New Jersey DATE OF SEPARATION _September 1, 2004 ADDRESS OF LAST MARITAL HOME 912 Wakefield Avenue -Mechanicsburg, PA 17055 DESCRIPTION OF DOCUMENT RAISING APL CLAIM Divorce / Custody Complaint (Copy attached hereto as Exhibit: "A" DATE APL DOCUMENT FILED May 12, 2005 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHY A. DOUGHERTY, Plaintiff V. RICHARD M. DOUGHERTY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0' - 2 (/YY Ce,i U he CIVIL ACTION - LAW IN DIVORCE / CUSTODY ORDER OF COURT AND NOW, this day of , 2005, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before _ , the conciliator, at on the day of 2005, at -.M., 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. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities 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 2 LIBERTY AVENUE Carlisle, Pennsylvania 1701.3 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHY A. DOUGHERTY, Plaintiff V. RICHARD M. DOUGHERTY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0,5- ;L `1 14Y CU77( --TZ- CIVIL ACTION -• LAW IN DIVORCE / CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS ti n YOU HAVE BEEN SUED IN COURT, if you wish to defend against the in the following pages, you must take prompt action. You are warned that if you case may proceed without you and a decree of divorce or annulment may be enter by the Court. A judgment may also be entered against you for any other claim or in these papers by the Plaintiff. You may lose money or property or other rights i you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic - Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHY A. DOUGHERTY, Plaintiff V. RICHARD M. DOUGHERTY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.0S'- a44S' QLL,-) T;.- CIVIL ACTION LAW IN DIVORCE / CUSTODY COMPLAINT IN DIVORCE Plaintiff is KATHY A. DOUGHERTY, an adult individual residing at 1101 Lindham Court, Apt. 203, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is RICHARD M. DOUGHERTY, an adult individual residing at 912 Wakefield Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on September 13, 1986 in Pennsylvania. 5. There are three (3) minor children born of this marriage: Katie L. Dougherty, born June 11, 1988; Patrick Y. Dougherty, born February 12,1990 and Kelly E. Dougherty, bom April 10, 1991. 6. The parties separated on September 1, 2004. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE FAULT 10. The averments in paragraphs 1 through 9, inclusive of Plaintiffs Complaint are incorporated herein by reference thereto. 11. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel and barbarous to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. NO FAULT 12. The averments in paragraphs 1 through I1 inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 13. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry ofa divorce decree in her favor in accordance with a 3301 of the Pennsylvania Divorce Code. INDIGNITIES 14. The averments in paragraphs 1 through 13, inclusive of Plaintiffs Complaint are incorporated herein by reference thereto. 15. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation of the marriage, vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 16. The averments in paragraphs 1 through 15 of Plaintiff s Complaint are incorporated herein by reference thereto. 17. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 18. The averments in paragraphs 1 through 17, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 19. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT IV ATTORNEY'S FEES AND COSTS 20. The averments in paragraphs 1 through 19, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 21. Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. COUNT V CUSTODY COMPLAINT 22. The averments in paragraphs 1 through 21 of Plaintiffs Complaint are incorporated herein by reference thereto. 23. Plaintiff seeks shared legal and shared physical custody of the following children: NAME PRESENT RESIDENCE DATE OF BIRTH Kelly E. Dougherty 912 Wakefield Avenue 4/10/1991 Mechanicsburg, PA 17055 Patrick Y. Dougherty 912 Wakefield Avenue 2/12/1990 Mechanicsburg, PA 17055 Katie L. Dougherty 912 Wakefield Avenue 6/11/1988 Mechanicsburg, PA 17055 24. The children are presently in the custody of Father who currently resides at 912 Wakefield Avenue, Mechanicsburg, Pennsylvania 17055. 25. During the past five years the children have resided with the following persons at the following addresses: DATES ADDRESSES 1999 to 912 Wakefield Avenue 9/1/2004 Mechanicsburg, PA NAMES OF PERSONS IN Mother, Father and children 9/1/2004 to 912 Wakefield Avenue Present Mechanicsburg, PA Father and children The parties are presently married but separated. Mother physically vacated the marital residence on September 1, 2004. 26. The Mother of the children is Kathy A. Dougherty, currently residing at 1101 Lindham Court, Apt. 203, Mechanicsburg, Cumberland County, Pennsylvania 17055. 27. The Father of the children is Richard M. Dougherty, currently residing at 912 Wakefield Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 28. The relationship of the Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Kathy A. Dougherty Self 29. The relationship of the Defendant to the children is that of Father. The Defendant currently resides with the following person: NAME RELATIONSHIP Richard M. Dougherty Self Kelly E. Dougherty Patrick Y. Dougherty Daughter Son Katie L. Dougherty Daughter 30. Plaintiff has not participated as a party of a witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 31. Plaintiff has no information of a custody proceeding concerning the children pending in any court in this Commonwealth. 32. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 33. The best interest and permanent welfare of the children will be served by granting the relief requested because Mother wishes to be involved with all decisions regarding her children and Father continues to refuse to foster a relationship between the children and their Mother. Mother can provide a stable, loving environment for her children while they are in her custody. Mother also feels that it would be in the best interest of the children to attend family counseling at an attempt to foster each relationship. 34. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant shared legal custody and shared physical custody of the children to the Plaintiff. Plaintiff also requests an order be entered for the family to attend family counseling. WHEREFORE, Plaintiff, KATHY A. DOUGHERTY, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; C. Awarding Plaintiff support, alimony and alimony pendente lite; D. Awarding Plaintiff counsel fees, costs and expenses; E. Awarding Plaintiff shared legal and shared physical custody of the parties children; F. Ordering the parties to attend family counseling with the children; and G. Awarding other relief as the Court deems just rea?6n le. Dated: 2005 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 KATHY A. DOUGHERTY, Plaintiff V. RICHARD M. DOUGHERTY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE / CUSTODY AFFIDAVIT REGARDING COUNSELING 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 Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unworn falsification to authorities. Dated: Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bride Street New Cumberland, PA 17070 (717) 774-1445 KATHY A. DOUGHERTY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD M. DOUGHERTY, Defendant NO. CIVIL ACTION - LAW IN DIVORCE / CUSTODY VERIFICATION I, KATHY A. DOUGHERTY, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE / CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated-S--/L')-0I KATHY A. DOUGHERTY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD M. DOUGHERTY DEFENDANT 05-2445 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 28, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at__ MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, August 25, 2006 at 2:30 PM 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/ Melissa P. Gree Es . 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 *V 7- 44V V I;L IV { 1! ' ?C' -} _ . j E I . .., i6. 4, Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHY A. DOUGHERTY, Plaintiff V. RICHARD M. DOUGHERTY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 05-2445 PACSES CASE NUMBER 135107511 CIVIL ACTION -LAW IN DIVORCE/CUSTODY PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER Petitioner is Kathy A. Dougherty (hereinafter referred to as "Plaintiff'), who currently resides at 407 Delancey Court Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent is Richard M. Dougherty (hereinafter referred to as "Defendant"), who currently resides at 912 Wakefield Avenue, Mechanicsburg, Pennsylvania 17055. There is an existing Alimony Pendente Lite Order which requires Defendant to pay Two Thousand One Hundred Thirty One Dollars ($2,131.00) per month. This amount includes an offset of Nine Hundred Fifty-Two Dollars and 43/100 ($952.43) that Plaintiff is obligated to pay Defendant in child support. This was determined under PAC SES No. 665107588 which a Complaint for Support was dismissed on October 21, 2006 due to the offset to Defendant's Alimony Pendente Lite obligation. A true and correct copy of the Alimony Pendente Lite Order dated October 21, 2005 and the Order dismissing Defendant's Child Support Complaint dated October 21, 2006 are attached to this petition as Exhibit "A". 4. Petitioner seeks an increase support because: a. The parties' child, Katie, became emancipated in June, 2006 when she graduated from high school and she shall no longer be included in the child support obligation offsetting Plaintiff's Alimony Pendente Lite award. b. It is believed Respondent has an increase in income. WHEREFORE, Petitioner requests that the Court modify the existing Order for support. DATE: June 29, 2006 14w(- Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff 2 -Bibibit A In the Court of Comwon Pleas of CUMBERLAND t-ounty, Pennsylvania DOMESTIC RELATIONS SECTION KATHY A. DOUGHERTY ) Order Number 00600 S 2005 Plaintiff ) VS. ) PACKS Case Number 135107511 RICHARD M. DOUGHERTY ) Docket Number 00600 S 2005 Defendant ) Other State ID Number ORDER OF COURT Q Final ® Interim O Modified AND NOW, 21ST DAY OF OCTOBER, 2005 based upon the Court's determination that the Payee's monthly net income is $ 977.23 and the Payor's monthly net income is $ 8,685.31 , it is hereby ordered that the Payor pay to the Pennsylvania State Collection and Disbursement Unit TWO THOUSAND ONE HUNDRED THIRTY ONE AND XX/100 Dollars ($ 2,131.00 ) a month payable BIWEEKLY as follows: first payment due WITHIN 10 DAYS UPON RECEIPT OF THIS ORDER:$2158.00 TO PLAINTIFF & COURT COSTS The effective date of the order is 07/22/05 . Arrears set at $ 2193.00 as of OCTOBER 21, 2005 are due in full IMMEDIATELY. All terms of this Order are subject to collection and/or enforcement by contempt proceedings, credit bureau reporting, tax refund offset certification, driver's license revocation, and the freeze and seize of financial assets. These enforcement/collection mechanisms will not be initiated as long as obligor does not owe overdue support. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all the means listed above. For the Support of: Name Birth Date KATHY A. DOUGHERTY 03/30/55 Form OE-518 Service Type M Worker ID 21005 DOUGHERTY V. DOUGHERTY PACSES Case Number: 135107511 Unreimbursed medical expenses that exceed $250.00 annually per child and/or spouse are to be paid as follows: 9o % by defendant and 1o % by plaintiff. The plaintiff is responsible to pay the first $250.00 annually (per child and/or spouse) in unreimbursed medical expenses. ® Defendant0 Plaintiff O Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the OPlaintiff (D Defendant shall submit to the person having custody of the child(ren) written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of : 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Other Conditions: THE SPOUSAL SUPPORT AMOUNT IS OFFSET BY WIFE'S CHILD SUPPORT OBLIGATION FOR THE PARTIES' THREE CHILDREN, PURSUANT TO RULE 1910.16-4(e). DEFENDANT IT GIVEN CREDIT IN THE AMOUNT OF $4,200.00 FOR DIRECT PAYMENT TO THE PLAINTIFF. DEFENDANT IS TO PAY THE COURT COSTS OF $35.00 WITHIN TEN DAYS OF RECEIPT OF THIS ORDER AND IS TO BE PAYABLE TO CUMBERLAND COUNTY DOMESTIC RELATIONS- SECTION,P.O. BOX 320, CARLISLE, PA 17013. PLAINTIFF IS TO SUBMIT UNREIMBURSED MEDICAL AND OR COUNSELING EXPENSES. TO DEFEN- DANT WITHIN TEN DAYS AND DEFENDANT IS TO REIMBURSE PLAINTIFF WITH IN TEN DAYS. Defendant shall pay the following fees: Fee Total $ 10.00 $ 25.00 $ 0.00 $0.00 $ 0.00 Fee DeaghZion for JUDICIAL COMPUTER FEE fbr COURT COSTS for for for Paytttent Fremuclia Payable at $ 10.00 per ONE TIME Payable at $ 25.00 per ONE TIME Payable at $ o. oo per Payable at $ o . o o per Payable at $ 0.00 per Service Type M Page 3 of 4 Form OE-518 Worker ID 21005 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION PACSES Case Number: 135107511 Docket Number: 00600 S 2005 Other State ID Number: Please note: AR corregwndmce must bachide the PACSES Case Number. OCTOBER 21, 2005 SUMMARY OF TRIER OF FACT Plaintiff Information Defendant Information KATHY. A. DOUGHERTY. RICHARD M. DOUGHERTY Address: Address: 407 DELANCY COURT 912 WAKEFIELD AVE MECHANICSBURG PA 17055 MECHANICSBURG PA 17055-5773 Employer: Attorney: BARBARA SUMPLE-SULLIVAN, ESQ. Employer: STRATEGIC PRODUCTS & SERVICES STE 100 3 WING DR CEDAR KNOLLS NJ 07927-101 Attorney: SAMUEL ANDES ® Complaint for Support 07/22/05 ? Petition for Modification Filed ? Other Reason for Conference: WIFE FILED FOR SPOUSAL SUPPORT AND HUSBAND FILED CHILD SUPPORT FOR THE PARTIES' THREE CHILDREN THAT ARE IN HIS CARE AND CUSTODY UNDER PACSES#665107511. WIFE FILED FOR APL & PARTIES ARE AGREEABLE TO USE SPOUSAL. Dependent(s) Current Order: $ o . o o / per month NEW ACTION Form CM-022 v1 Service Type M Worker ID 21005 DOUGHERTY V. DOUGHERTY - PACSES Case Number: 135107511 Other Information (continued): Facts Agreed Upon: HUSBAND HAS THE CARE AND CUSTODY OF THE THREE CHILDREN HUSBAND HAS GIVEN WIFE $4200.00 IN DIRECT PAYMENTS. Facts in Dispute and Contentions with Respect to Facts in Dispute: THAT HUSBAND'S WAGES WILL NOT BE HIGH AS?THEY WERELAST YEAR. Guideline Amount: $ 3.083.00 / MONTH DRS Recommended Amount: $ 2, 131. o o / MONTH DRS Recommended Order Effective Date: 07122/05 Parties to be Covered by Recommended Order Amount: Guideline Deviation: ® YES or ONO Reason for Deviation: RULE 1910.16-4(e) Submitted by: R. J. SHADDAY Date Prepared: OCTOBER 21, 2005 Page 3 of 3 Form CM-022 vi Service Type M Worker ID 21005 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION RICHARD M. DOUGHERTY Docket Number 00678 S 2005 Plaintiff ) VS. ) PACSES Case Number 665107588 KATHY A. DOUGHERTY ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 21ST DAY OF OCTOBER, 2005 IT IS HEREBY ORDERED that the ® Complaint for Support or Q Petition to Modify or Q Other filed on AUGUST 18, 2005 in the above captioned matter is dismissed without prejudice due to: THE DEFENDANT'S CHILD SUPPORT OBLIGATION IS OFFSETTING THE PLAINTIFF'S OBLIGATION FOR SPOUSAL SUPPORT UNDER PACSES #135107511 PURSUANT TO RULE 1910.16-4(e). Q The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE C JUDGE Form OE-506 Service Type M Worker ID 21005 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DONEESTIC RELATIONS SECTION 13 N. HANOVER Sr, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 OCTOBER 21, 2005 BARBARA SUMPLE-SULLIVAN, ESQ. 549 BRIDGE ST NEW CUMBERLAND PA 17070-1931 Distribution Cover Letter Fax: (717) 240-6248 Plaintiff Name: KATHY A. DOUGHERTY Defendant Name: RICHARD M. DOUGHERTY PACSES Case Number: 135107511 Please note: AO c mesponde a must include the PACSES Can Number. Dear BARBARA SU14PLE-SULLIVAN, ESQ. Please note the attached document and/or correspondence. This information is being sent to update you on the above captioned case. Sincerely, R. J. SHADDAY Service Type M Form CM-520 Worker ID 21005 Barbara Sumple-Sullivan, Esquire Supreme Court 932317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHY A. DOUGHERTY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-2445 RICHARD M. DOUGHERTY, CIVIL ACTION -LAW Defendant IN DIVORCE /CUSTODY VERIFICATION I, Kathy A. Dougherty, hereby certify that the facts set forth in the foregoing PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. U/01 9/co c ry ` C' tt C. r 71 IN THE COURT OF COM ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY A. DOU EERTY,, Plaintiff Plaintiff Vs. RICHARD M. DOUQHERrY, Defendant N0. 05-2445 MOTION FOR APPOMMENT OF MASTER Kathy Pt. Dougherty (Plaintiff) 6164-5-46M"), moves the court to appoint a master with respect to the following claims: (XX) Divorce (XX) Distribution of Property ( ) Annulment (XX) Support (XX) Alimony (XX) Counsel Fees (XX) Alimony Pendente Lite (XX) 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) W) appeared in the action (VW 9? (by his attorney, Samuel L. Andes Es uire . (3) The staturory ground(s) for divorce (-M) dare 301?a)(6), 3301(C)and 3301(d) (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: (c) The action is contested with respect to the following claims: Equitable Distribution, Alimony, APL, Support, Counsel Fees, Costs and Expenses (5) The action x (does not irvclve) complex issues of law or fact. (6) The hearing is expected to take one ( CtMMej (days). (7) Additional information, if any. rel an t t e motion: Date: August 2, 2006 for ORDER APPOINTING MASTERBarbara SumpM--?M Esquire AND NOW ,19 Esquire, is appointed master with respect to the following claims: By the Court: J F.,_7 f - '--? _ ?__? "" ? - i'-_ I:1 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY A. DODGFR RTS', , Plaintiff Plaintiff VS. RICHARD M. DO(JGHERSY, Defendant RECEIVED AUG 0 4 2006 N0, 05-2445 J% MOTION FOR APPO LV=%WT OF MASTER Kathy A. Dougherty (Plaintiff) k Wf9XXW), moves the court to appoint a master with respect XX to the following claims: ( ) Divorce (XX) Distribution of Property ( ) Annulment (XX) Support (XX) Alimony (XX) Counsel Fees (XX) Alimony Pendente Lite (XX) 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) NQPIX?R) appeared in the action (W999M) (by his attorney, Samuel L. Andes ,Esquire . (3) The staturory ground(s) for divorce ( ) arz) 3301 a)(6) 3301(c)and 3301(d) (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: (c) The action is contested with respect to the following claims: Equitable Distribution, Alimony, APL, Support, Counsel Fees Costs and Expenses.. (5) The action fflegaM@3C)C (does not irvc'_ve) complex issues of law or fact. (6) The hearing is expected to take one ( Ctogulj (days). (7) Additional information, if any. rel an t t e motion: Date: August 2, 2006 41 oraey for Plaint'"f ORDER APPOINTING MASTERBarbara Sump Esquire AND NOW 7 ,]f9 Esquire, is appointed mast with respect to the following claims: ?A O By I J Z CID Miz c°r'a CJ , fl fir: fl t5_ ,. 06. 99P 1 8 2006 1BY: KATHY A. DOUGHERTY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. RICHARD M. DOUGHERTY, Defendant NO. 05-2445 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY INTERIM ORDER OF COURT AND NOW, this day of September, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Kathy A. Dougherty and Richard M. Dougherty, shall have shared legal custody of the minor children, Patrick Y. Dougherty, born February 12, 1990; and Kelly E. Dougherty, born April 10, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Father shall have temporary primary physical custody, subject to Mother's rights of partial custody which shall be arranged as follows: A. Each Wednesday from after school until 9:00 p.m. B. Commencing September 30, 2006, each Sunday from noon until 9:00 p.m. C. During either parent's periods of custody, the custodial parent shall ensure that the children are able to continue to attend extra-circular activities in which they have historically participated. A. NO. 05-2445 CIVIL TERM 3. The parties shall participate in therapeutic family counseling to address the estrangement that exists in the relationship between Mother and the children. Father shall participate in this process upon the request of the therapist and shall assist in getting the children to the appointments as needed. Un-reimbursed expenses for the counseling shall be borne by the parties in proportion to their pro rata contribution to the family net income, as in the formula typically used by domestic relations. 4. The parent receiving custody shall be responsible for transportation incident to the custodial exchanges. 5. A hearing is sp_heduled in Courtroom umber or the Uumpenana uounry ourthouse, on the 'C' day of X) , 2006, at 1? d0 o'clock .M., at which time testimony will be taken. For the purposes of the hearing, the Mother, Kathy A. Dougherty, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY Edward E. Guido, J. Dist: . Andes, Esquire, P. O. Box 168, Lemoyne, PA 17043 kaEra Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070-1931 0 :u WV ZZ d3S 9002 Advluzaj,iaw?d 2A do 9D 40-031W S E P 1 8 2006 KATHY A. DOUGHERTY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-2445 CIVIL TERM V. CIVIL ACTION - LAW RICHARD M. DOUGHERTY, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Patrick Y. Dougherty Kelly E. Dougherty February 12, 1990 April 10, 1991 Father Father 2. Mother filed a Petition for Modification of Custody. A Custody Conciliation Conference was scheduled for September 8, 2006, following an agreement of counsel to continue the August 25, 2006 date originally provided. Present for the conference were: the Mother, Kathy Dougherty, and her counsel, Barbara Sumple-Sullivan, Esquire; the Father, Richard Dougherty, and his counsel, Samuel L. Andes, Esquire. 3. Mother's position on custody is as follows: Mother reports that the parties participated in family counseling at The Guidance Associates, with Dennis Graybill. However, the children did not participate on a consistent basis. In Mother's mind, Patrick is not doing well as his grades are low, and he has been fired from his job. There has been minimal communication between the parents. Patrick failed a class last year. Mother wanted him to go to summer school. However, Father took a different approach and did not enroll him. Only within the last month have the parents been able to use some e-mail communication. Mother reports that she has had no overnight periods of custody with her children in the last 2'/ years and has no contact with Patrick since July, 2006. Mother attends HACC. She expresses concern regarding supervision of the children because Father's employment requires traveling. Mother feels the need for Father to foster the children's attendance in family therapy so that the estrangement between Mother and the children can be addressed. +. NO. 05-2445 CIVIL TERM 4. Father's position on custody is as follows: Father reports that the children complain regarding her smoking and her apartment smelling of cigarette smoke. He reports that the weekend periods of custody did not work out because the kids wanted to sleep in and wanted to spend time in social activities with their peers rather than with their mother. Father does not think Saturday custodial time will ever work but believes that Sunday custodial time would work better. However, he does not believe that the children will be cooperative with getting up for a custodial period that begins at 9:00 a.m. Father reports that the parties' oldest daughter abruptly quit going to spend time with her mother as soon as she turned 18 years old. With regard to Mother's concerns about Father's more permissive parenting approach with Patrick, Father reports that Patrick has been told that he will not be allowed to obtain his driving learner's permit until he has made significant progress academically. Additionally, he has suffered the loss of computer privileges, and has only had two overnight visits with friends within the last six months. Father see Mother as having been somewhat over-bearing during the marriage, and because of the children's poor relationship with Mother, is not willing to force the children to spend overnights periods of custody with their mother because he does not believe they will go. He does not think it is in the children's best interest to force them to spend time with their mother. 5. The parties were able to reach an agreement only as to an interim Order, pending hearing. Counsel requests one day for hearir \ Date Melissa Peel Greevy, Es ire Custody Conciliator :283058 M KATHY A. DOUGHERTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-2445 CIVIL TERM RICHARD M. DOUGHERTY, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 16th day of November, 2006, after hearing, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Kathy A. Dougherty and Richard M. Dougherty, shall have shared legal custody of the minor children, Patrick Y. Dougherty, born February 12, 1990; and Kelly E. Dougherty, born April 10, 1991. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Father shall have primary physical custody of the children, subject to mother's rights of partial custody, which shall be arranged as follows: A. Each Wednesday from after school until the beginning of school Thursday morning. B. Each Sunday from noon until 9:00 p.m. 3. Holiday Schedule. Mother shall have periods of partial physical custody with the children on holidays as follows: A. Thanksgiving until 1:00 p.m. B. Christmas from 2:00 p.m. until 9:00 p.m. C. Every Easter from 5:00 p.m. until 9:00 p.m. D. Mother shall have the children on the following holidays on an alternating basis from 9:00 a.m. until 9:00 p.m.: Memorial Day, July 4, and Labor Day. 4. Mother shall not make disparaging remarks regarding father, nor shall she discuss issues with regard to the divorce and separation with the children. 5. Mother shall e-mail the children every single day and save copies of those e-mails to be presented at any future court hearing, including any responses from the children. 6. The parties shall participate in therapeutic family counseling to address the estrangement that exists in the relationship between mother and the children. Father shall participate in this process upon the request of the therapist and shall assist in getting the children to the appointments as needed. Unreimbursed expenses for the counseling shall be borne by the parties in proportion to their pro rata contribution to the family net income, as in the formula typically used by domestic relations. 7. The parent receiving custody shall be responsible for transportation incident to thp_-e-u-&,todial exchanges. Cou Edward E. Guido, J. j I r f w{ 77 'r)fj V;P .1--11. ?J.. Samuel L. Andes, Esquire For the Plaintiff Barbara Sumple-Sullivan, Esquire For the Defendant Sheriff e'- -s srs d" Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHY A. DOUGHERTY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-2445 RICHARD M. DOUGHERTY, CIVIL ACTION -LAW Defendant IN DIVORCE/ CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 12, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. DATE: ?- / / - 0 7 t!> ??? ?_ ?_:. N ? ? ...: ??, ? ?4G ? ...? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHY A. DOUGHERTY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD M. DOUGHERTY, Defendant : NO. 05-2445 CIVIL ACTION -LAW IN DIVORCE/ CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301(c) OF THE DIVORCE CODE 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 statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. DATE: _ `? ?? ?' ?t c? ;! ?'- l i y,.% `? r Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHY A. DOUGHERTY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-2445 RICHARD M. DOUGHERTY, CIVIL ACTION -LAW Defendant IN DIVORCE/ CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 12, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. '?2 DATE: _/X -J hh 46? - CHARD M. U HE 02, E" r Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHY A. DOUGHERTY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD M. DOUGHERTY, Defendant : NO. 05-2445 CIVIL ACTION -LAW IN DIVORCE/ CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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 statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: RICHARD M. DOUG R e?-'? x ??, ?..- ?. ..• N ? ? ?C ? --A W " ? KATHY A. DOUGEERTY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION RICHARD M. DOiK'I'Y NO. 2005-2445 CIVIL TERM 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 3301 (c) (Strike out inapplicable section) 2. Date and manner of service of the complaint: Acceptance of Service on May 19, 2005. 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff September 11 , 2007by defendant September 11, 2007 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None. All matters have been resolver] rnirsuant to 2kn Agreement of record reached on September 11, 2007 which is ?(I r but not merged, into the Divorce Decree. 5. complete either a or ) 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 of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: September 12, 2007. ,1::::?j r Date defendant's Waiver of Notice in,,3`301 ivo ce was filed with the Prothonotary: September 12, 2f}(S7. Dated• 11 (O Attorney for PlaintiffTufembaoc Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 o r rnri? c - rnr. 4 , .w ?3 c-n ? G+J 1 4 • KATHY A. DOUGHERTY, Plaintiff VS. RICHARD M. DOUGHERTY,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 2445 CIVIL IN DIVORCE THE MASTER: Today is Tuesday, September 11, 2007. This is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Kathy A. Dougherty, and her counsel Barbara Sumple-Sullivan, and Barbara's paralegal, Amanda Souders. Also present is the Defendant, Richard M. Dougherty, and his counsel Samuel L. Andes. This action was commenced by the filing of a complaint in divorce on May 12, 2005. The complaint raised grounds for divorce of irretrievable breakdown of the marriage and the fault claim of indignities. Counsel have indicated that the parties will sign and file affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. Counsel have indicated that they have the affidavits and waivers which they will give to the Master at the conclusion of today's proceedings. The Master's office will file the affidavits and waivers with the Prothonotary. The complaint also raised economic claims of 1 equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. The parties were married on September 13, 1986, and separated on September 1, 2004. They are the natural parents of three children, one of the children is emancipated; the other two children are minors and reside with husband. After considerable negotiations today, beginning around 9:00 this morning, counsel and the parties began a process of trying to resolve the economic issues in this case. The Master was advised around 4:20 today that an agreement has been reached and the agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties, when they leave the hearing room today even though there has been no signing of the agreement, are bound by the terms and the signatures will be an affirmation of the terms of settlement as stated on the record. The Master is going to have the agreement transcribed and will send the draft to counsel to make correction of typographical errors, if necessary. After those corrections have been made, the parties will be asked 2 to affirm the agreement by signature. After the Master has received a completed copy of the agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court. Mr. Andes. MR. ANDES: The parties have agreed to resolve all the economic issues in their case on the following terms: 1. Wife shall transfer to husband all her right, title, and interest in the marital residence at 912 Wakefield Avenue, Mechanicsburg, Pennsylvania, by special warranty deed which wife shall execute promptly upon presentation of the deed to her or her attorney by husband or his attorney. Husband will be responsible to pay in accordance with its terms and on a timely basis the mortgage installments which are owed to Midwest Loan Services, Inc., which debt is secured by a mortgage against the residence. Further, husband shall be responsible to refinance the mortgage to obtain wife's release from the obligation which the mortgage secures, or to otherwise obtain her unconditional release from any liability or claim on that mortgage no later than 30 June 2010. Husband agrees to indemnify and hold wife harmless for the mortgage, taxes, and any insurance responsibilities arising out of the Wakefield Avenue property of the mortgages. The home is currently encumbered with a mortgage due and owing to Midwest Loan Services, Inc., loan No. 66944. 2. Husband is the recipient of a monthly retirement or pension payment from the Avaya Inc., pension plan for salaried employees which pays $1,358.83 per month. Husband shall assign and transfer to wife that entire monthly payment for the balance of his life pursuant to a QDRO to be prepared and entered in this case. Until such time as the QDRO takes effect and the payment is made directly to wife, to the extent that husband receives payments on the Avaya pension, he will promptly transmit them to wife. The parties agree that they shall cooperate with each other and others as necessary to obtain the entry and implementation of that order and shall share equally the cost of the order. 3 )t • J Y 1 The parties represent that husband has previously elected a survivor annuity equal to 50% of the monthly retirement benefit in wife's favor and the parties agree that that election shall continue in effect. In the event that wife predeceases husband, 42% of the monthly annuity payment being received by wife at that time, which is currently in the amount of $1,358.83 shall revert to and be paid by the pension administrator to husband. To the extent permitted by the pension plan, wife shall have the right to distribute the remaining 58% of the annuity payment to her estate or to her named beneficiaries. 3. Husband shall transfer to wife, by a tax-free roll over from one of the retirement accounts named in the following paragraph, the sum of $88,500.00 to wife's individual retirement account with Prudential Securities. In the event that a QDRO is required to make that transfer, the parties will cooperate to obtain and implement the order and will share equally the cost of such order. The parties will endeavor to complete the transfer of that within thirty (30) days of the date of this agreement. In the event that the transfer is not completed within thirty (30) days of the date of this agreement, the amount transferred shall include the investment return on that sum generated had that sum been in and been transferred out of husband's MML Investors individual retirement acco`Unt, Account No. APJ-223590. 4. Husband shall retain the balances in his Avaya 401(k) plan, his SPS 401(k) plan, and his MML Investors IRA, Account No. APJ-223590, after the transfer made pursuant to the preceding paragraph. In addition to that, husband shall retain the balance in his Prudential Securities IRA. Wife waives all interest in or claim to husband's benefits within those accounts after the transfer contemplated by the preceding paragraph. 5. Wife shall retain the balance in her IRA with Prudential Securities and husband waives any claim to or interest in that asset. 6. The parties agree that wife has previously received the cash proceeds of the sale of an apartment building in Mechanicsburg, Pennsylvania, in the approximate amount of $67,914.00; that husband has paid income tax on one-half of the taxable proceeds of that sale, and that wife is responsible to pay income tax on the other one-half of the taxable proceeds of that sale. The parties agree that wife shall retain those proceeds after payment of her portion of the tax and husband waives and releases any claim to them. 4 7. At the time of the parties' separation they owned various balances in bank and credit union accounts and withdrew various sums from those accounts. The parties acknowledge that information regarding the balances in those accounts and the sum withdrawn by them by either of the parties have been fully disclosed from one party to the other. The parties further agree that, being aware of that information, each of them does hereby waive and release any claim to the remaining proceeds of those accounts or any of the funds taken from them or dispersed from those accounts previously by either of the parties. 8. Husband's life is insured by a universal life insurance policy issued by Prudential Life Insurance which has a cash value of approximately $10,750.00 and by a term policy issued by Metropolitan Life which has a cash value of approximately $20,000.00. Except for the requirement of husband to maintain insurance on his life addressed in one of the following paragraphs, wife does hereby waive, release and relinquish any claim to or interest in either of those policies, specifically including the cash value of those policies, and confirms those policies and the cash value to be the sole and separate property of husband. 9. During the marriage and following the parties' separation husband sold various stocks and similar investments which the parties acquired during the marriage and husband still has in his possession some small number of shares of that stock remaining. The parties have agreed, for purposes of settlement, that the total value of the stock remaining and the stock liquidated after separation by husband has a value of $36,000.00. Wife hereby releases and relinquishes any claims to the proceeds of that stock or the remaining shares of stock and confirms them to be husband's sole and separate property free of any further claim by wife. 10. Husband shall retain the 1994 Cadillac automobile currently in his possession and shall be responsible to pay all expenses and other obligations arising out of his use or ownership of the vehicle since the date of the parties' separation. Wife shall retain the 2006 Hyundai automobile now in her possession and shall be responsible to pay any expenses or liabilities arising out of her ownership or use of the vehicle since the parites' separation. Wife's vehicle is encumbered. Husband is not a party to the loan. In addition there is a 1990 Dodge Caravan which is 5 not operating but which the parties believe is in their joint names. Wife will execute the title and other documents necessary to transfer the vehicle to husband so that he may make such disposition of it as he chooses and wife waives any further claim to the vehicle or its value. 11. Husband shall pay wife alimony as follows: a) The amount of alimony shall be $950.00 per month and the amount shall not be subject to modification by this Court or any other Court or tribunal but only by the mutual written consent of the parties. b) The term of alimony shall commence on the 1st of October 2007 and shall end on the 30th of June 2011. The term of alimony shall not be subject to modification by this Court or any other Court or tribunal and shall only be modified by the written consent of both parties. The alimony shall also automatically terminate, notwithstanding the other provisions of this subparagraph, upon the death of either party or upon wife's remarriage or co-habitation after the date of this agreement. c) Husband shall designate wife as the sole primary beneficiary of sufficient amounts of insurance on his life to pay the remaining balance of the alimony, as that balance declines over time, and shall maintain her as beneficiary for a sufficient amount to cover the unpaid balance of the alimony calculated in accordance with this paragraph. In addition, upon request, husband shall provide proof to wife annually that the insurance is still in effect. The parties will both treat the payments made pursuant to this paragraph as alimony for income tax purposes. Further, the parties will obtain an order for this alimony to be paid through the Domestic Relations Office of Cumberland County. 12. There is currently a spousal support order entered in this action against husband which requires him to pay approximately $2,500.00 per month plus a payment on the arrearages. The parties agree that the spousal support order shall terminate on 30 September 2007 and that husband shall have no further obligation for payment under that order except as set forth in this paragraph. They further agree that husband shall not be responsible for anymore medical reimbursement expenses after today's date. Notwithstanding the above, the parties agree as follows: a) Husband shall pay to wife, within sixty (60) days 6 of this agreement, the sum of $2,997.12 which represents reimbursement of medical and related expenses calculated in accordance with the present spousal support order, which are due through today's date. b) Husband shall pay any arrearage owed on the order as of the date it is terminated, that is 30 September 2007 within sixty (60) days of today's date. The records that have been provided to husband as of today indicate that the arrearage owed on the order as of 6 September 2007 is $7,859.05 but the parties recognize that the arrearage may change between now and the end of the month. Whatever arrearage is owed on 30 September 2007 will be paid in accordance with this subparagraph. 13. The parties hereby waive all further claims that they have or may have asserted against each other in this action up until now including, without limitation, the right to have their other marital assets equitably distributed, the right to further alimony payments, and the right to counsel fees or expenses. The parties agree that they accept the terms and provisions of this agreement in full satisfaction of the claims they have or believe they have against the other party arising out of their marriage or this divorce action and agree to accept the terms and provisions of this agreement in full satisfaction of those claims. 14. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 15. The parties represent that, with the exception of the matters addressed in this paragraph, they have completed a division of their household furnishing and other household tangible personal property. Husband agrees that he shall attempt to locate in the house and, if he is able to locate them, will provide to wife the following items: a) Wife's original birth certificate and passport; 7 b) Wife's antique oak desk chair that she acquired prior to the marriage; c) dated Christmas ornaments from 1986 through 2003 and other Christmas ornaments that wife's family gave to the parties as gifts; d) a set of Pfaltzgraff dishes which consist of (10) five-piece place settings, matching glasses, hurricane lamps, platters, large vegetable bowls, gravy boat, salt and pepper shakers, butter dish, and a sugar bowl; e) Wife's ten-speed bicycle; f) a camcorder and its accessories; g) the oversized Raggedy Ann doll given to wife by her aunt Shirley; h) blond television snack tables which were a Christmas gift to wife from husband; i) camping equipment. In addition, wife will attempt to locate and, if she can locate, will provide to husband his wedding ring and his passport and any other personal papers which belong to him. Neither party guarantees the existence of these assets or that these assets are in their possession but each party will conduct a good faith effort to locate them and shall, if they can locate the documents, provide them to the other party. Otherwise, the parties have effected a complete and satisfactory division of their household furnishings and tangible personal property and waive all further claims to those assets. 16. Notwithstanding the provisions of the foregoing paragraph, the parties will each make available for inspection by the other all photographs and video tapes and negatives that they have of family members of the nuclear family; that is,.the parties and their children, for inspection by the other party, and any party wishing to have a duplicate made of a photograph or similar item in the other parties' possession may do so at their expense. The parties will cooperate to arrange the inspection and duplication of the photographs and other items, and will personally assure the return of any items duplicated to the other party after duplication. 8 MS. SUMPLE-SULLIVAN: Kathy, you've been in the conference room here today when we dictated this settlement on the record? MS. DOUGHERTY: Yes, I have. MS. SUMPLE-SULLIVAN: And you've heard attorney Andes dictate the agreement and is that agreement satisfactory to you? MS. DOUGHERTY: Yes, it is. THE MASTER: And you understand you are bound by the agreement when you leave here today even though you have not affirmed it by signature? MS. DOUGHERTY: Yes, I do. MR. ANDES: Mr. Dougherty, you've heard the agreement as I have dictated it, do you have any questions about it? MR. DOUGHERTY: I do not. MR. ANDES: You've been here since 8:30 this morning. We reviewed all of this, do you have any questions about the terms of the settlement; not the agreement itself, but what you are giving up? MR. DOUGHERTY: I do not. MR. ANDES: Being aware of that, are you satisfied with it and are you willing to accept that agreement in full satisfaction of the economic claims in this case? 9 MR. DOUGHERTY: I am willing to accept it. MR. ANDES: And you understand that you are bound by it right now and it doesn't matter if you sign it tomorrow or next week, you are bound by the terms of the agreement as we have related it to the Court? MR. DOUGHERTY: I do. THE MASTER: Thank you very much. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. DATE: Ba-r35ara Sumple-Sullivan Attorney for P intiff S-?) Sa L. des Attorney for Defendant -IJ Ka by A. 2gherty chard . Doug r ty 7 10 t? ? O N I TT A. DOiTC1ER'PY IN THE COURT OF COMMON PLEAS KATHY CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION RICHARD M. DOUG NO. 2005-2445 CIVIL TERM 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 3301 (c) (Strike out inapplicable section) 2. Date and manner of service of the complaint: Acreptanye of SerVx a on May 19, 2005. 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plainti ff September 11 , 200,,7by defendant September 11, 2007 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None All matters have been rPhnl ved rnirsuant to an Agreement of record reached on Septggj2ej 11,2007 which is co , but not merged, into the Divorce Decree. 5. Complete ei!Eg a orr$r 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 of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: September 12, 2007. Date defendant's Waiver of Notice in 01 ivo ce was filed with the Prothonotary: September 12, 2fp(?7. Dated: 'f Attorney for Plainti r4 Barbara Sumple-Stillivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 C) c:5 Q -r? i" ' dp E _ iV c 6(} ^/ G.. 1 -?^ SS y' nr - y ?..- . ?n, ? ..'C... U;j KATHY A. DOUGHERTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05 - 2445 CIVIL RICHARD M. DOUGHERTY, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of 2007, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on September 11, 2007, the date set for a Master's hearing, the agreement and stipulation having been transcribed, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, Edgar B. Bayley, P.J. cc: /a.rbara Sumple-Sullivan Attorney for Plaintiff ,2'amuel L. Andes Attorney for Defendant tx: Lt7- gg??{{ YrS?d h..?.?. ?- Cl- _ cl ';.ICJ... 0 f C-4 r Kathy A. Dougherty Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. Richard M. Dougherty Defendant CIVIL, ACTION - LAW DIVORCE NO. 05-2445 DOMESTIC RELATIONS ORDER This matter coming to be heard for the purpose of the entry of a Qualified Domestic Relations Order ("QDRO") as that term is defined in Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), and Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code"), and the Court having entered a Decree of Divorce in the above entitled cause on , and the Court being full advised in the premises, does hereby make the following findings and orders as follows: 1. GENERAL 1. The following terms as used in this Order shall be defined as follows: a. The term "Participant" means Richard A. Dougherty, whose address is 912 Wakefield Avenue, Mechanicsburg, PA 17055. The Participant's Social Security number is 207- 44-5218. The Participant's date of birth is April 21, 1953. b. The "Alternate Payee" means Kathy A. Dougherty, whose address is 407 Delancy Court, Mechanicsburg, PA 17055. The Alternate Payee's Social Security number is 209-46-1630. The Alternate Payee's date of birth is March 30, 1955. The term "Plan" shall refer to the Avaya Inc. Pension Plan for Salaried Employees, a defined benefit plan. d. The term "SBP Benefit" means the retirement benefit accrued by the Participant under Service Based Program under the Plan subject to any limits under the Plan including limits on benefit amounts and compensation required by the Code. e. The term "Plan Administrator" means the Pension Plan Administrator appointed by the Avaya Inc. Employee Benefits Committee. The address for the Plan Administrator is Avaya Inc. Pension Plan Administrator, c/o Domestic Relations Matters, 270 Davidson Avenue, 7th Floor, Somerset, NJ 08873. 2. The Alternate Payee is the former spouse of the Participant. 3. The Participant and the Alternate Payee were married on September 13, 1986, and separated on September 1, 2004. 4. This Order relates to the provision of support, alimony, or marital property rights of the Alternate Payee and is issued pursuant to a state domestic relations law, including a community property law. DR(5' Page 2 II. DIVISION OF BENEFIT The Participant is currently receiving a monthly retirement benefit from the Plan. This benefit is being paid in the form of a joint and survivor annuity. 2. If, as and when monthly payments are made to the Participant subsequent to the date the Plan Administrator determines that this Order is a QDRO, the Plan shall pay to the Alternate Payee, as a shared payment form of benefit, the amount of 100% of each gross monthly payment (including any cost-of-living increases) otherwise payable to the Participant. The Alternate Payee also will receive the same amount of each monthly payment subject to this Order, if any, which were suspended and separately accounted for during the Plan Administrator's review period. M. DISTRIBUTION OF BENEFIT 1. Monthly payments will be made to the Alternate Payee by the Plan pursuant to this Order in the same form and at the same time as payments are made to the Participant over the life of the Participant. IV. DISTRIBUTION UPON DEATH 1. If Participant dies before the Alternate Payee, the Plan shall treat the Alternate Payee as the Participant's spouse for purposes of the survivor annuity since the Participant elected a joint and survivor annuity form of distribution and since the Alternate Payee was the Participant's spouse on the annuity start date. 2. Should the Alternate Payee predecease the Participant, her benefit shall revert to the Participant. The QDRO may only assign the parties' children a benefit from the Plan if they meet the definition of an Alternate Payee (child or other dependent of the Participant). If they do in fact meet this definition, they may be named as "Contingent Alternate Payees," so that if the Alternate Payee predeceases the Participant, the Contingent Alternate Payees would then begin to receive 58% of the Participant's benefit, in equal shares, for the remainder of the Participant's lifetime. Should the Participant predecease the Contingent Alternate Payees, the Contingent Alternate Payees' benefits shall cease. In the event that all named Contingent Alternate Payees predecease the Participant, the portion of the Participant's benefit assigned to the Contingent Alternate Payees' shall revert to the Participant. The Contingent Alternate Payees are the following three children of the Participant and Alternate Payee: Name: SS #: Date of Birth: Address: Katie L. Dougherty 179-70-7049 June 11, 1988 912 Wakefield Ave. Mechanicsburg, PA 17055 Patrick Y. Dougherty 234-37-8616 February 12, 1990 912 Wakefield Ave. Mechanicsburg, PA 17055 Kelly E. Dougherty 193-72-8211 April 10, 1991 912 Wakefield Ave. Mechanicsburg, PA 17055 V. ADMINISTRATIVE 1. The tax consequences of payments to the Alternate Payee pursuant to this Order shall be determined pursuant to applicable law. Page 3 2. The Participant, Alternate Payee, and the Court intend this Order to be a QDRO. If the Plan Administrator determines that this Order is not a QDRO, the parties hereby agree to submit to and request a court of competent jurisdiction to modify the Order to make it a QDRO. 3. Neither the Plan and its fiduciaries nor the Company and its officers and employees shall be responsible for any attorneys fees incurred by the Participant or Alternate Payee in connection with obtaining or enforcing a QDRO. 4. The parties to this Order intend that it comply with the applicable provisions of ERISA and the Code. Nothing in this Order or any amendment to this Order shall require the Plan or the Plan Administrator to: a. Pay any benefits not permitted under ERISA or the Code; b. Provide any type or form of benefit or any option not provided under the Plan; C. Provide increased benefits (determined on the basis of actuarial value) under the Plan; or d. Pay benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a QDRO. 5. In the event of a conflict between the terms of this Order and the terms of the Plan, the terms of the Plan shall control. 6. A certified copy of this Domestic Relations Order shall be provided to the Plan Administrator. ENTERED this day of , 20 G 7 Judge efend nt Date LVW- O-7 Atto y for Defe ant Date Approved as to form and content: N C?o ?y l L .94 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KATHY A. DOUGHERTY No. 2005-2445 VERSUS RICHARD M. DOUGHERTY DECREE IN DIVORCE -- !?•'?v?.•'l . AND NOVI, a?, IT IS ORDERED AND DECREED THAT AND Kathy A. Dougherty Richard M. Dougherty ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDANT, 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; All matters have been resolved pursuant to an Agreement of record reached on September 11, 2007 which is incorporated but not merged, into the Decree. B THE COURT' ATTEST: J PROTHONOTARY ' L -07 s.L 4o Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHY A. DOUGHERTY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 05-2445 RICHARD M. DOUGHERTY, CIVIL ACTION -LAW Defendant PETITION FOR ENFORCEMENT Petitioner is Kathy A. Dougherty, an adult individual residing at 407 Delancey Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is Richard M. Dougherty, an adult individual residing at 912 Wakefield Avenue, Mechanicsburg, Cumberland County, Pennsylvania. On September 11, 2007, Petitioner and Respondent entered into an Agreement which was entered by the Divorce Master. The Agreement, by its terms, resolved all issues surrounding the parties' divorce issues and was incorporated, but not merged, into the Decree in Divorce entered on December 4, 2007. A copy of said Agreement and Decree are attached hereto as Exhibit "A" and incorporated herein by reference. 4. Paragraph 11(a) and (b) (page 6) of the Agreement addressed the payment of Alimony by Respondent. It provides, inter alia: Husband shall pay wife alimony as follows: (a) The amount of alimony shall be $950.00 per month and the amount shall not be subject to modification by this Court or any other Court or tribunal but only by the mutual written consent of the parties. (b) The term of alimony shall commence on the I st of October 2007 and shall end on the 30'hof June 2011. The term of alimony shall not be subject to modification by this Court or any other Court or tribunal and shall only be modified by the written consent of both parties. The alimony shall also automatically terminate, notwithstanding the other provisions of this subparagraph, upon the death of either party or upon wife's remarriage or co-habitation after the date of this agreement. 5. Respondent has repeatedly failed to make the required monthly alimony payment on the first of the month. 6. Payment was due October 1, 2007 and was received October 24, 2007, payment was due November 1, 2007 and was received November 20, 2007, payment was due December 1, 2007 and was received December 16, 2007 and payment was due January 1, 2008 and payment has not been received to date. 7. In light of Respondent's failure to comply with the agreement, Petitioner requests that a case be set up with Domestic Relations to allow for wage attachment to Respondent's income. Paragraph 11(c) (page 6) of the Agreement addresses the issue of life insurance to be maintained by Respondent. This paragraph provides, inter alia: (c) Husband shall designate wife as the sole primary beneficiary of sufficient amounts of insurance on his life to pay the remaining balance ofthe alimony, as that balance declines over time, and shall maintain her as beneficiary for a sufficient amount to cover the unpaid balance ofthe alimony calculated in accordance with this paragraph. In addition, upon request, 2 husband shall provide proof to wife annually that the insurance is still in effect. 9. Petitioner has requested proof of the insurance required by the Agreement on various occasions. 10. Respondent has failed to provide same. 11. Petitioner requests this Honorable Court require Respondent to provide proof of insurance as set forth in the parties' agreement within five (5) days of an Order. 12. Paragraph 15 (page 7) of the Agreement addresses the issue ofpersonal property to be exchanged between the parties. This paragraph provides, inter alia: The parties represent that, with the exception of the matters addressed in this paragraph, they have completed a division of their household furnishing and other household tangible personal property. Husband agrees that he shall attempt to locate in the house and, if he is able to locate them, will provide to wife the following items: a) Wife's original birth certificate and passport; b) Wife's antique oak desk chair that she acquired prior to marriage; c) dated Christmas ornaments from 1986 through 2003 and other Christmas ornaments that wife's family gave to the parties as gifts; d) a set of Pfaltzgraff dishes which consist of (10) five-piece place settings, matching glasses, hurricane lamps, platters, large vegetable bowls, gravy boat, salt and pepper shakers, butter dish, and a sugar bowl; e) Wife's ten-speed bike; f) a camcorder and its accessories; g) the oversized Raggedy Ann doll given to wife by her aunt Shirley; h) blond television snack tables which were a Christmas gift to wife from husband; i) camping equipment. 13. Petitioner has attempted to exchange the above-referenced items of personal property with Respondent. 14. Respondent has failed to provide the items requested to cooperate in this exchange. 15. Petitioner requests this Honorable Court require Respondent to cooperate in the personal property exchange within five (5) days of an Order. 16. Paragraph 16 (page 8) of the Agreement addresses the issue of photographs, video tapes and negatives to be duplicated. This paragraph provides, inter alia: Notwithstanding the provisions of the foregoing paragraph, the parties will each make available for inspection by the other all photographs and video tapes and negatives that they have of family members of the nuclear family; that is, the parties and their children, for inspection by the other party, and any party wishing to have a duplicate made of a photograph or similar item in the other party's possession may do so at their expense. The parties will cooperate to arrange the inspection and duplication of the photographs and other items, and will personally assure the return of any items duplicated to the other party after duplication. 17. Petitioner has attempted to exchange the photographs, video tapes and negatives with Respondent. 18. Respondent failed to cooperate in this exchange. 4 19. Petitioner requests this Honorable Court require Respondent to cooperate in this exchange within five (5) days of an Order. 20. Respondent has breached the parties' Agreement by not complying with the above- referenced paragraphs of the Agreement dated September 11, 2007, which was incorporated into the Divorce Decree entered December 4, 2007. 21. Petitioner has been required to pay for counsel and incurred costs incident to said Agreement. 22. Petitioner requests enforcement of the agreement and reimbursement for all counsel fees and costs incurred as a result of this Petition and in accordance with Sections 3105(a) and 3502(e) of the Divorce Code of 1980. 23. The Honorable Edward E. Guido was previously assigned to the divorce, custody and support issues of the parties. 24. Counsel for Respondent has not concurred with this Petition. WHEREFORE, Petitioner requests this Honorable Court to enter an Order as follows: The monthly alimony payment of Nine Hundred Fifty Dollars ($950.00) due on the first of each month shall be entered as an Order through the Domestic Relations Office and a wage attachment to Respondent's income shall be put into effect. Until the wage attachment can be effectuated, the January, 2008 alimony payment of Nine Hundred Fifty Dollars ($950.00) shall be paid by Respondent within two (2) days of an Order and the February, 2008 alimony payment of Nine Hundred Fifty Dollars ($950.00) shall be paid by Respondent on February 1, 2008. The March, 2008 payment shall be timely made through the Domestic Relations Office; 2. Respondent shall be required to provide proof of insurance as set forth in the parties' agreement within five (5) days of an Order; 3. Respondent shall be required to cooperate in the personal property exchange within five (5) days of an Order; 4. Respondent shall be required to cooperate in the exchange of photographs, video tapes and negatives within five (5) days of an Order; 5. Respondent shall pay to Petitioner the actual costs for attorney fees and costs she incurred arising from enforcement of the parties' Agreement. This includes, but is not limited to, the attorney fees and costs incurred for the preparation and presentation of this Petition and attendance at hearing; and 6. Any other relief this Court deems equitable. Dated: 23 B'ar,bara Sumple-Sullivan, Esquire Attorney for Petitioner 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 6 Exhibit A KATHY A. DOUGHERTY, Plaintiff VS. RICHARD M. DOUGHERTY,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 2445 CIVIL IN DIVORCE THE MASTER: Today is Tuesday, September 11, 2007. This is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Kathy A. Dougherty, and her counsel Barbara Sumple-Sullivan, and Barbara's paralegal, Amanda Souders. Also present is the Defendant, Richard M. Dougherty, and his counsel Samuel L. Andes. This action was commenced by the filing of a complaint in divorce on May 12, 2005. The complaint raised grounds for divorce of irretrievable breakdown of the marriage and the fault claim of indignities. Counsel have indicated that the parties will sign and file affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. Counsel have indicated that they have the affidavits and waivers which they will give to the Master at the conclusion of today's proceedings. The Master's office will file the affidavits and waivers with the Prothonotary. The complaint also raised economic claims of 1 equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. The parties were married on September 13, 1986, and separated on September 1, 2004. They are the natural parents of three children, one of the children is emancipated; the other two children are minors and reside with husband. After considerable negotiations today, beginning around 9:00 this morning, counsel and the parties began a process of trying to resolve the economic issues in this case. The Master was advised around 4:20 today that an agreement has been reached and the agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties, when they leave the hearing room today even though there has been no signing of the agreement, are bound by the terms and the signatures will be an affirmation of the terms of settlement as stated on the record. The Master is going to have the agreement transcribed and will send the draft to counsel to make correction of typographical errors, if necessary. After those corrections have been made, the parties will be asked 2 to affirm the agreement by signature. After the Master has received a completed copy of the agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court. Mr. Andes. MR. ANDES: The parties have agreed to resolve all the economic issues in their case on the following terms: 1. Wife shall transfer to husband all her right, title, and interest in the marital residence at 912 Wakefield Avenue, Mechanicsburg, Pennsylvania, by special warranty deed which wife shall execute promptly upon presentation of the deed to her or her attorney by husband or his attorney. Husband will be responsible to pay in accordance with its terms and on a timely basis the mortgage installments which are owed to Midwest Loan Services, Inc., which debt is secured by a mortgage against the residence. Further, husband shall be responsible to refinance the mortgage to obtain wife's release from the obligation which the mortgage secures, or to otherwise obtain her unconditional release from any liability or claim on that mortgage no later than 30 June 2010. Husband agrees to indemnify and hold wife harmless for the mortgage, taxes, and any insurance responsibilities arising out of the Wakefield Avenue property of the mortgages. The home is currently encumbered with a mortgage due and owing to Midwest Loan Services, Inc., loan No. 66944. 2. Husband is the recipient of a monthly retirement or pension payment from the Avaya Inc., pension plan for salaried employees which pays $1,358.83 per month. Husband shall assign and transfer to wife that entire monthly payment for the balance of his life pursuant to a QDRO to be prepared and entered in this case. Until such time as the QDRO takes effect and the payment is made directly to wife, to the extent that husband receives payments on the Avaya pension, he will promptly transmit them to wife. The parties agree that they shall cooperate with each other and others as necessary to obtain the entry and implementation of that order and shall share equally the cost of the order. 3 The parties represent that husband has previously elected a survivor annuity equal to 50% of the monthly retirement benefit in wife's favor and the parties agree that that election shall continue in effect. In the event that wife predeceases husband, 42% of the monthly annuity payment being received by wife at that time, which is currently in the amount of $1,358.83 shall revert to and be paid by the pension administrator to husband. To the extent permitted by the pension plan, wife shall have the right to distribute the remaining 58% of the annuity payment to her estate or to her named beneficiaries. 3. Husband shall transfer to wife, by a tax-free roll over from one of the retirement accounts named in the following paragraph, the sum of $88,500.00 to wife's individual retirement account with Prudential Securities: In the event that a QDRO is required to make that transfer, the parties will cooperate to obtain and implement the order and will share equally the cost of such order. The parties will endeavor to complete the transfer of that within thirty (30) days of the date of this agreement. In the event that the transfer is not completed within thirty (30) days of the date of this agreement, the amount transferred shall include the investment return on that sum generated had that sum been in and been transferred out of husband's MML Investors individual retirement account, Account No. APJ-223590. 4. Husband shall retain the balances in his Avaya 401(k) plan, his SPS 401(k) plan, and his MML Investors IRA, Account No. APJ-223590, after the-transfer made pursuant to the preceding paragraph. In addition to that, husband shall retain the balance in his Prudential Securities IRA. Wife waives all interest in or claim to husband's benefits within those accounts after the transfer contemplated by the preceding pata#aph. 5. Wife shall retain the balance in her IRA with Prudential Securities and husband waives any claim to or interest in that asset. 6. The parties agree that wife has previously received the cash proceeds of the sale of an apartment building in Mechanicsburg, Pennsylvania, in the approximate amount of $67,914.00; that husband has paid income tax on one-half of the taxable proceeds of that sale, and that wife is responsible to pay income tax on the other one-half of the taxable proceeds of that sale. The parties agree that wife shall retain those proceeds after payment of her portion of the tax and husband waives and releases any claim to them. 4 7. At the time of the parties' separation they owned various balances in bank and credit union accounts and withdrew various sums from those accounts. The parties acknowledge that information regarding the balances in those accounts and the sum withdrawn by them by either of the parties have been fully disclosed from one party to the other. The parties further agree that, being aware of that information, each of them does hereby waive and release any claim to the remaining proceeds of those accounts or any of the funds taken from them or dispersed from those accounts previously by either of the parties. 8. Husband's life is insured by a universal life insurance policy issued by Prudential Life Insurance which has a cash value of approximately $10,750.00 and by a term policy issued by Metropolitan Life which has a cash value of approximately $20,000.00. Except for the requirement of husband to maintain insurance on his life addressed in one of the following paragraphs, wife does hereby waive, release and relinquish any claim to or interest in either of those policies, specifically including the cash value of those policies, and confirms those policies and the cash value to be the sole and separate property of husband. 9. During the marriage and following the parties' separation husband sold various stocks and similar investments which the parties acquired during the marriage and husband still has in his possession some small number of shares of that stock remaining. The parties have agreed, for purposes of settlement, that the total value of the stock remaining and the stock liquidated after separation by husband has a value of $36,000.00. Wife hereby releases and relinquishes any claims to the proceeds of that stock or the remaining shares of stock and confirms them to be husband's sole and separate property free of any further claim by wife. 10. Husband shall retain the 1994 Cadillac automobile currently in his possession and shall be responsible to pay all expenses and other obligations arising out of his use or ownership of the vehicle since the date of the parties' separation. Wife shall retain the 2006 Hyundai automobile now in her possession and shall be responsible to pay any expenses or liabilities arising out of her ownership or use of the vehicle since the parites' separation. Wife's vehicle is encumbered. Husband is not a party to the loan. In addition there is a 1990 Dodge Caravan which is 5 not operating but which the parties believe is in their joint names. Wife will execute the title and other documents necessary to transfer the vehicle to husband so that he may make such disposition of it as he chooses and wife waives any further claim to the vehicle or its value. 11. Husband shall pay wife alimony as follows: a) The amount of alimony shall be $950.00 per month and the amount shall not be subject to modification by this Court or any other Court or tribunal but only by the mutual written consent of the parties. b) The term of alimony shall commence on the 1st of October 2007 and shall end on the 30th of June 2011. The term of alimony shall not be subject to modification by this Court or any other Court or tribunal and shall only be modified by the written consent of both parties. The alimony shall also automatically terminate, notwithstanding the other provisions of this subparagraph, upon the death of either party or upon wife's remarriage or co-habitation after the date of this agreement. c) Husband shall designate wife as the sole primary beneficiary of sufficient amounts of insurance on his life to pay the remaining balance of the alimony, as that balance declines over time, and shall maintain her as beneficiary for a sufficient amount to cover the unpaid balance of the alimony calculated in accordance with this paragraph. In addition, upon request, husband shall provide proof to wife annually that the insurance is still in effect. The parties will both treat the payments made pursuant to this paragraph as alimony for income tax purposes. Further, the parties will obtain an order for this alimony to be paid through the Domestic Relations Office of Cumberland County. 12. There is currently a spousal support order entered in this action against husband which requires him to pay approximately $2,500.00 per month plus a payment on the arrearages. The parties agree that the spousal support order shall terminate on 30 September 2007 and that husband shall have no further obligation for payment under that order except as set forth in this paragraph. They further agree that husband shall not be responsible for anymore medical reimbursement expenses after today's date. Notwithstanding the above, the parties agree as follows: a) Husband shall pay to wife, within sixty (60) days 6 of this agreement, the sum of $2,997.12 which represents reimbursement of medical and related expenses calculated in accordance with the present spousal support order, which are due through today's date. b) Husband shall pay any arrearage owed on the order as of the date it is terminated, that is 30 September 2007 within sixty (60) days of today's date. The records that have been provided to husband as of today indicate that the arrearage owed on the order as of 6 September 2007 is $7,859.05 but the parties recognize that the arrearage may change between now and the end of the month. Whatever arrearage is owed on 30 September 2007 will be paid in accordance with this subparagraph. 13. The parties hereby waive all further claims that they have or may have asserted against each other in this action up until now including, without limitation, the right to have their other marital assets equitably distributed, the right to further alimony payments, and the right to counsel fees or expenses. The parties agree that they accept the terms and provisions of this agreement in full satisfaction of the claims they have or believe they have against the other party arising out of their marriage or this divorce action and agree to accept the terms and provisions of this agreement in full satisfaction of those claims. 14. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 15. The parties represent that, with the exception of the matters addressed in this paragraph, they have completed a division of their household furnishing and other household tangible personal property. Husband agrees that he shall attempt to locate in the house and, if he is able to locate them, will provide to wife the following items: a) Wife's original birth certificate and passport; 7 b) Wife's antique oak desk chair that she acquired prior to the marriage; c) dated Christmas ornaments from 1986 through 2003 and other Christmas ornaments that wife's family gave to the parties as gifts; d) a set of Pfaltzgraff dishes which consist of (10) five-piece place settings, matching glasses, hurricane lamps, platters, large vegetable bowls, gravy boat, salt and pepper shakers, butter dish, and a sugar bowl; e) Wife's ten-speed bicycle; f) a camcorder and its accessories; g) the oversized Raggedy Ann doll given to wife by her aunt Shirley; ` h) blond television snack tables which were a Christmas gift to wife from husband; i) camping equipment. In addition, wife will attempt to locate and, if she can locate, will provide to husband his wedding ring and his passport and any other personal papers which belong to him. Neither party guarantees the existence of these assets or that these assets are in their possession but each party will conduct a good faith effort to locate them and shall, if they can locate the documents, provide them to the other party. Otherwise, the parties have effected a complete and satisfactory division of their household furnishings and tangible personal property and waive all further claims to those assets. 16. Notwithstanding the provisions of the foregoing paragraph, the parties will each make available for inspection by the other all photographs and video tapes and negatives that they have of family members of the nuclear family; that is,.the parties and their children, for inspection by the other party, and any party wishing to have a duplicate made of a photograph or similar item in the other parties' possession may do so at their expense. The parties will cooperate to arrange the inspection and duplication of the photographs and other items, and will personally assure the return of any items duplicated to the other party after duplication. 8 MS. SUMPLE-SULLIVAN: Kathy, you've been in the conference room here today when we dictated this settlement on the record? MS. DOUGHERTY: Yes, I have. MS. SUMPLE-SULLIVAN: And you've heard attorney Andes dictate the agreement and is that agreement satisfactory to you? MS. DOUGHERTY: Yes, it is. THE MASTER: And you understand you are bound by the agreement when you leave here today even though you have not affirmed it by signature? MS. DOUGHERTY: Yes, I do. MR. ANDES: Mr. Dougherty, you've heard the agreement as I have dictated it, do you have any questions about it? MR. DOUGHERTY: I do not. MR. ANDES: You've been here since 8:30 this morning. We reviewed all of this, do you have any questions about the terms of the settlement; not the agreement itself, but what you are giving up? MR. DOUGHERTY: I do not. MR. ANDES: Being aware of that, are you satisfied with it and are you willing to accept that agreement in full satisfaction of the economic claims in this case? 9 MR. DOUGHERTY: I am willing to accept it. MR. ANDES: And you understand that you are bound by it right now and it doesn't matter if you sign it tomorrow or next week, you are bound by the terms of the agreement as we have related it to the Court? MR. DOUGHERTY: I do. THE MASTER: Thank you very much. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS;,zlZ 1 DATE: AI) _ Q arbara Sumple-Sullivan Ka by A. ou hert g Y Attorney for Plaintiff r I 411 el L Andes R chard M. Doug rt Attorney for Defendant 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KATHY A. DOUGHERTY -- ii VERSUS RICHARD M. DOUGHERTY NO. 2005-2445 DECREE IN DIVORCE 12:40 PM AND NOW. December 4 1 , IT IS ORDERED AND 2007 DECREED THAT Kathy A. Dougherty PLAINTIFF, AND Richard M. Dougherty I 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 e YET BEEN ENTERED; All matters have been resolved pursuant to an Agreement of =Qrd reaCbed on 134-ptember 11, 2007 which is BY THE COURT: not Edward E. Guido ATTEST: J PROTHONOTARY Certified Copy Issued: ECEMB R 5; 2007 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHY A. DOUGHERTY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-2445 RICHARD M. DOUGHERTY, CIVIL, ACTION -LAW Defendant : VERIFICATION I, Kathy A. Dougherty, hereby certify that the facts set forth in the foregoing Petition For Enforcement are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: , 2008 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHY A. DOUGHERTY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 05-2445 RICHARD M. DOUGHERTY, CIVIL ACTION -LAW Defendant CERTIFICATE OF SERVICE I, Amanda L. Souders, Paralegal to Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the Petition for Enforcement, in the above- captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 DATE: ? b Amanda L. Souders, Paralegal to Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 f) r. AN 2 42008 f' Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KATHY A. DOUGHERTY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ?. DOCKET NO. 05-2445 RICHARD M. DOUGHERTY, CIVIL ACTION -LAW Defendant RULE 0 0.A 0a%*%y , 2008 on consideration of AND NOW, this ?.? day of 3 - Plaintiff's Petition for Enforcement, a RULE is issued on Defendant to show cause, if any, why the Court should not grant the relief requested. The Rule is returnable within 10 days from the date of service hereof. BY THE COURT: o? 9 n •, `' i ; i KATHY A. DOUGHERTY, Plaintiff VS. RICHARD M. DOUGHERTY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 05-2445 CIVIL ACTION -LAW DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR ENFORCEMENT AND NOW comes the above-named Defendant by his attorney, Samuel L. Andes, and makes the following Answer to Plaintiff's Petition for Enforcement: 1 through 4. Admitted. 5. Denied. Defendant has continued to pay alimony on the same schedule as he paid spousal support and APL to Plaintiff throughout the marriage, by making the proper payment as he is paid every two weeks. As a result of that payment schedule, the payments are not made and received on the first day of each month because Defendant makes payments of the alimony as he receives his salary payments every two weeks. 6. Denied. The averments set forth in the answer to Paragraph 5 above are incorporated herein by reference. 7. Admitted. By way of further answer, Defendant states that he has already proposed such an arrangement to Plaintiff and her attorney on the condition that the alimony payment for which is wages are attached be net of the child support order entered against Plaintiff. 8. Admitted. 9. Admitted. 10. Denied as stated. Defendant took prompt steps after the agreement of the parties to comply with the provisions of that agreement regarding insurance on his life and to obtain the documents necessary to confirm that to Plaintiff and her attorney. To date, however, and despite repeated requests and demands from Defendant, the life insurance company, MetLife, has failed to provide him with verification of the beneficiary designation Defendant believes he has made. Defendant continues to request confirmation of that from the insurance company. 11. Defendant agrees that Plaintiff makes that request and states that he has taken all steps reasonably available to him to satisfy that request. The averments set forth in the Answer to Paragraph 10 above are admitted. 12. Admitted. 13. Denied as stated. Defendant searched the marital residence and located such of the items identified in Paragraph 12 that he could locate and then took them to Plaintiff's home to deliver them to her. Defendant is not aware of any further requests by Plaintiff for additional items. 14. Denied. Respondent conducted a good faith search of the residence to locate the residence listed in Paragraph 12 and delivered such of those items that he could locate to Plaintiff. He has not failed to comply with or perform his obligations under that Paragraph, which only requires him to "attempt to locate in the house and, if he is able to locate them, ... provide to Wife" the listed items. Defendant has fully complied with that paragraph. 15. Defendant recognizes that Plaintiff makes that request but he states that he has done all he can to cooperate with Plaintiff in the exchange of the personal property in accordance with the agreement between the parties. 16. Admitted. 17. Denied. Plaintiff herself is in possession of the vast majority of the photographs, films, and videos which the parties are to divide and Plaintiff has made no effort to deliver or make those items available for inspection by Defendant. Defendant has only approximately twenty family photographs, most of which are framed and hang on the walls in the house, and Defendant has duplicated those digitally and has delivered or attempted to deliver to Plaintiff a disk containing those copies. 18. Denied. Defendant has done all he can to comply with the requirements of the quoted paragraph. It is Plaintiff who has failed to make photographs and other items available for inspection or division. 19. Defendant admits that Plaintiff so requests but Defendant states he has done all he can to comply with the provisions of the agreement. 20. Denied. Defendant incorporated herein the averments in the foregoing paragraphs of this Answer. Defendant has done his best to comply with and perform the obligations of the agreement between the parties. 21. Denied. Defendant believes that the costs and fees incurred by Plaintiff are a result of Plaintiff's refusal to cooperate or her unreasonable demands for enforcement of the agreement. Defendant denies that he owes Plaintiff any attorneys fees or other costs for these proceedings. 22. Denied for the reasons set forth in the Answer to 21 above. 23. Admitted. 24. Admitted. WHEREFORE, Defendant prays this court to dismiss Plaintiff's Petition for Enforcement. a-MUOT L. An drds Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date:-6(- I RICHARD M. DOUGHE 1.. ., C'F"> ..rte • YiJ // Ty L` Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 _ KATHY A. DOUGHERTY, : IN THE COURT OF COMMON PLEAS Plaintiff V. RICHARD M. DOUGHERTY, Defendant CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2445 CIVIL ACTION -LAW IN DIVORCE/ CUSTODY NOTICE OF INTENTION TO RESUME PRIOR NAME NOTICE is hereby given that Defendant in the above-captioned matter, having been granted a final decree in divorce on the 0 day of December, 2007, hereby intends to resume and hereafter use the previous name of Kathy A. Yates and gives this written notice avowing her intention in accordance with the provisions of the Act of 54 Pa. C.S. §704. TO BE KNOWN AS: COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND On this, the 4t' day of August, 2008 before me, a Notary Public, the undersigned officer, personally appeared Kathy A. Dougherty, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the foregoing Notice of Intention to Resume Prior Name for the purposes contained therein. WHEREOF, I hereunto set my hand and official seal. My Commission Expir88MMONWEALTH OF PENNSYLVANIA Notarial Seal Barbara Sumple-Sullivan, Notary Public New Cumberland Boro, Cumberland Cotmty My Commission E)ires.Nov. 15, 2011 Member, Pennsylvania Association of Notaries (SEAL) w W ti