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HomeMy WebLinkAbout01-5267CHARLES E. DOUGHERTY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOAN MAR/E DOUGHERTY, : PLAINTIFF : : NO. ~CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the c/aims forth in thc following pages, you must take prompt action, set you fail to do so, the case may proceed · You are warned that mmulment may be entere o--:- ~ .without you and a dec · if entered a-o; .... d ,,~,m~st you vy the c,,--~ A · . ree of divorce or ,lo;.,:c~ ~.,~.-~t you mr any other clai . ,.~,L. ~Jungment ma also y-.-.,~m~, you may lose mone ...... m or rehefrequested in these ,-~.-~-- .~ ,,4 property or other ri-h*- :-- _. v,,w~ oy me including custody or visitation of your children. ~',[~ ~mportant to you, When the ground for the divor '. .... . . ?the .marriage, you may reauoo* -- .ce is mdigmtles or lrretneva to counselors is availabl,~ :2 .~'~ ~mamage counselin~ A ~;o* ^~ b.~ o-~umown County Courthou~ ~-* ",~. me UlIme of the Prothonot~-. -",~[ remarriage ~c, carnsle, Pennsylvania ,~y at the Cumberland 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. ONCE.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar ASSOciation 2 Liberty Avenue Carlisle, Pennsylvania, 17013 (717) 249-3166 CHARLEs E. DOUGHERTY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOAN MARIE DOUGHERTY, : PLAINTIFF : NO. ~j~~_~ : CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE The Plaintiff is Joan Marie Dougherty, who present · Hummel Avenue, Camp Hill Pe . . ly resMes at 18 since 1980. , nnsylvan~a 1701 I. She has resided there The Defendant is Charles E. Dougherty, who also resides at 18 Hummel Avenue, Camp Hill, Pennsylvania 1701 I. He has resided there since 1980. The Plaintiff has been a bona fide resident of the Commonwealth for at least six months immediately previous to the filing of this complaint. The Plaintiffand Defendant were married August 28, 1979, in Cumber/and County, Pennsylvania. The parties to this action separated on September 1, 2001 and have continued to live separate and apart since then. There have been no prior actions of divorce or for annulment between the parties. The marriage is in'etrievably broken. The Plaintiff has been advised that counseling is available and that the plaintiffmay have the right to request that the court require the parties to participate in counseling. Neither the Plaintiffnor the Defendant is in the military or naval service or ;iea~sYo~°~f,~: ar~.~,ed f°.rces °f the United States of America or its ,,,~, ~,,~e wimin the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. Count 1 Divorce Under Section 3301 (c) or Section 3301 (d) of the Divorce Code 10. The Plaintiff restates as if fully rewritten the averments contained in paragraphs one (1) through nine (9) hereinabove. 11. The Plaintiff requests the court to enter a decree of divorce under Section 3301 (c) of the Divorce Code. 12. In the alternative, the Plaintiff request the court to enter a decree of divorce, under Section 3301 (d) of the Divorce Code. WHEREFORE, the Plaintiff prays this Honorable Court to enter a decree of Divorce under Section 3301 (c) of the Divorce Code or, in the alternative under Section 3301 (d). 13. Count/I Equitable Distribution Paragraphs one (1) through twelve (12) are incorporated herein through reference. 14. 15. 16. 17. Plaintiff and Defendant have acquired property, both real and personal, during the course of the marriage. Such property was accumulated from August 28, 1979, the day of the marriage, through September 1, 2001, the date of their separation. All of the property accumulated during that time is "marital property', and subject to equitable distribution. Plaintiff and/or Defendant have also acquired "non-m · ,, to or subsequent thereto their marriage antal property prior that has increased in value since the date of the marriage and/or subsequent to its acquisition during the marriage. The increase in value is antal propeR,,, as '~- -v tnat term is used and defined in the Pennsylvania Divorce Code, 23 Pa.C.S. §3101 et seq., and accordingly is subject to equitable distribution. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. Plaintiffrequests the court to equitably divide al/marital property and to enjoin it from being removed, disposed of, alienated, so/d, or otherwise encumbered pending final hearing and settlement of all claims. WHEREFORE, Plaintiff respectfully prays this Honorable Court to order the equitable distribution of the part/es' marital property, to enjoin the art/es from removing, disposing of, alienating, selling or otherwise encumbering the marita/property, and if both parties file affidavits consenting to the divorce after ninety (90) days have elapsed from the date of filing and service of this complaint, Plaintiff respectfully requests Honorable Court to enter a decree of divorce pursuant to this 23 P.S. §3301 (c), or 330~ (d). Respectfully Submitted, The Law Offices of Richard C. Gaffney ~Courtney L. [~hel, Es~uirl-~'' PA Supreme ~ot~t'/~°~09 2120 Market Street, Suite 101 Camp Hill, PA 17011 (717) 975-9033 Attorney for Pla/ntiff VERIFICATION I ver/l~ that the statements made in this corn lain · understand that false statements herein are -,--~ ~P. t are true and correct. I · ,,,u< suoject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to anthor/ties. Date~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOAN MARIE DOUGHERTY, Plaintiff CHARLES E. DOUGHERTY, Defendant : No. 01-5267 · IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301 (c) of the Divorce Code was filed on September 7, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: Charles E. Dougherty, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOAN MARIE DOUGHERTY, Plaintiff : No. 01-5267 CHARLES E. DOUGHERTY, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) AND ,~ 3301 (d) OF THE DIVORCE CODF 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subiect to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: Charles E. Dougherty, Defendant PROPERTY SETTLEMENT AGREEMENT THIS PROPERTY SETTLEMENT AGREEMENT, (this "Agreement") is made effective at Camp Hill, Pennsylvania as of this ~'~ay of ~Q~, 2002 by and between JOAN M. DOUGHERTY, an adult individual whose address is 100 Locust Drive, Dillsburg, York County, Pennsylvania (hereinafter "Wife") and CHARLES E. DOUGHERTY, an adult individual whose address is 18 Hummel Avenue, Camp Hill, Cumberland County, Pennsylvania (hereinafter "Husband"). WITNESSETH WHEREAS, Husband and Wife were legally married on August 28, 1979 in Dauphin County, Pennsylvania; and WHEREAS, two children were born of this marriage: Sarah Dougherty, born on July 19, 1980 and Charles Dougherty, Jr., born on February 12, 1986; WHEREAS, irreconcilable differences have arisen between Husband and Wife, in consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations as between themselves with respect to property and economic claims that either party has or may have against the other party. NOW THEREFORE, in consideration of the premises and mutual covenants contained herein, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INTENT TO LIVE SEPARATE AND APART It is the intention of the parties that, from this day forward they shall live separate and apart from each other at such places as each party shall choose. The foregoing provision shall not be taken as an admission on the part of either party of liability for the breakdown of the marriage or for the reasons leading to their living apart. 2. INTERFERENCES. Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor shall either party in any other way interfere with the peaceful existence of the other party or with the other party's right to live separate and apart from him or her. 3. DIVISION OF PERSONAL PROPERTY. The parties acknowledge that they have already divided between them to their mutual satisfaction, all of their personal effects, automobiles, vehicles, household goods and furnishings, checking accounts, savings accounts, cash and cash equivalents, investments, stocks, bonds, mutual funds, securities, and all other articles of personal property which have heretofore been used in common by them, or which are or can be construed to be "marital property", as that term is used an defined in the Pennsylvania Divorce Code, 23 P.§3501. Neither party will make any claim to any such item which is now in the possession or under the control of the other. Each party agrees to sign over to the other party on demand any title, or document necessary to give effect to this paragraph. 4. MARITAL RESIDENCE. Accordingly, Husband and Wife agree that they will offer to the mortgage lender a deed in lieu of foreclosure. Husband and Wife agree that they will cooperate with each other in, during, and throughout this proceeding, and Husband and Wife covenant and warrant to each other that they will execute on demand by the other party any and all documents necessary to accomplish the intent of this paragraph to the extent that any judgment in personal or any amount is still due and owing to the mortgage lender or any other party following the transfer of title in lieu of foreclosure (or pursuant to any foreclosure action, bankruptcy or civil judgment in respect of the Marital Property), Husband and Wife agree to evenly divide between them the amount of said liability, and each party agrees to indemnify and hold hai-mless the other party from and against any suit action, demand or liability arising from or in connection with the liabilities described herein. Husband and Wife are owners as Tenants by the Entireties of real property, together with improvements thereon, located at 18 Hummel Avenue, Camp Hill, Cumberland County, PA, which property has an approximate fair market value of $ 60,000 and which is encumbered by a mortgage note payable to Altegra Credit Company in an approximate amount of $ 75,353.47. The parties are in arrears on making payments pursuant to the mortgage lender. Husband and Wife acknowledge that they are unable to satisfy the amount of the debt on which they are obligated to the mortgage lender. 5. RETIREMENT. Wife shall retain as her sole and separate property, her 401k plan with her former employer as well as any other retirement type plans presently in existence in her name individually. Husband hereby expressly relinquishes, waives and disclaims all of his rights, title and interest in and to any pension plan, retirement plan, 401(k) plan, IRA, Keough, SEP-IRA, deferred compensation, employee benefit plan or any other plan or benefit of similar nature owned or controlled by Wife or by any other person for the benefit of or on behalf of Wife. Husband further promises, covenants and warrants that she will execute any and all documents necessary to sever his interest in any of the aforesaid plans and to effectuate the purposes of this paragraph. 6. ALIMONY. Each party waives any claim they may have against the other under the Domestic Relations Code of the Commonwealth of Pennsylvania including, but not limited to, alimony, alimony pendente lite, counsel fees, costs, and equitable distribution of maxitai property. 7. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach. The party breaching this agreement shall be responsible for the payment of all legal fees and costs reasonably incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. The parties specifically acknowledge that they are entitled to utilize the remedies as set forth in the Divorce Code of 1980, as amended. 8. FULL DISCLOSURE. Each party represents and warrants to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever, and of all other facts relating to the subject matter of this Agreement to which such party may reasonably require to make an informed decision regarding this Agreement. 9. ADDITIONAL INSTRUMENT. Each of the parties shall on demand execute and deliver to the other any deed, bill of sale, assignment, consent to change of beneficiary on insurance policies, tax return and other document and do or caused to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 10. WIFE'S DEBTS. Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and Wife shall indemnify and save Husband and Husband's estate harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 11. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and Husband shall indemnify and save Wife and Wife's estate harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 12. WAIVERS OF CLAIMS AGAINST ESTATES. Except as otherwise provided herein, 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, dower, curtsy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each party 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 interests, rights and claims. 13. REPRESENTATION. For purposes of this agreement, Husband is represented by W. Scott Staruch, Esq., and Wife is represented by Courtney L. Kishel, Esquire. It is fully understood and agreed that by signing this Agreement, each party understands the legal impact of this Agreement and further acknowledges that the Agreement is fair and reasonable and each party intends to be legally bound by the terms hereof. 14. VOLUNTARY EXECUTION. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 15. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 16. PRIOR AGREEMENT. It is understood and agreed that any and ail agreements between Husband and Wife with respect to the subject matter of this agreement, which may or have been executed prior to the date and time of this Agreement, are null and void and of no effect. 17. MODIFICATION AND WAIVER. Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 18. GOVERNING LAW. This Agreement shail be governed by and shall be construed in accordance with the laws of the Commonweaith of Pennsylvania. 19. INDEPENDENT SEPARATE COVENANTS. It is specificaily understood and agreed by and between the parties hereto that each paragraph hereof shail be deemed to be a separate and independent covenant and agreement. 20. VOID CLAUSES. If any term, condition, clause, or provision of this Agreement shail be detex-i~iined or declared to be void or invaiid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21. ENTRY AS PART OF DECREE. It is the intention of the parties that this Agreement shall survive any action for divorce, which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, final, or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be made a part of, but shall not merge with, any such judgment or decree of final divorce. 22. DIVORCE ACTION. The parties agree that they will execute all documents necessary to finalize the divorce action including, but not limited to, the withdrawal of any economic claims pending under said action, indexed to number 01-5267, in the Court of Common Pleas, Cumberland County, Pennsylvania. The parties further agree to execute and file affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request Entry of a Divorce Decree on March 1, 2002 at which time the documents shall immediately be processed and the divorce finalized. WITNESS: Courtney L. Ki~el,~squire W. Scott Staruch, Esquire Charles E. Dougherty COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS. On this, ther~fi. Zi day of~''r'~)(t \ ,2002, before me, a Notary Public, personally appeared Joan M. Dougherty, known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Public COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : On this, th~Q~V'day( of~,' 2002, before me, a Notary Public, personally appeared Charles E. Dougherty, known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary JOAN MARIE DOUGHERTY, PLAINTIFF CHARLES E. DOUGHERTY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 01-5267- CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) and Section 3301 (d) of the Divorce Code was filed on September 7, 2001. 2. The marriage between plaintiff and defendant is irretrievably broken. 3. Defendant, Charles E. Dougherty was served a tree and correct copy of the Complaint on September 14, 2001. 4. Ninety days (90) have elapsed from the date of filing and service of the Complaint. 5. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: //Joan Marie Dougherty (P~ain~iff) JOAN MARIE DOUGHERTY, PLAINTIFF CHARLES E. DOUGHERTY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 01-5267- CIVIL TERM IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, attorney's fees and expenses ifI do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~/loan'Marie Dougherty (P~intif0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOAN MARIE DOUGHERTY, Plaintiff CHARLES E. DOUGHERTY, Defendant No. 01-5267 IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on September 7, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: '- ~ I~'tW~' Charles E. Dougherty, Defendant C'~ o 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JOAN MARIE DOUGHERTY, Plaintiff No. 01-5267 CHARLES E. DOUGHERTY, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) AND § 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subiect to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Charles E. Dougherty, Defendant JOAN MARIE DOUGHERTY, PLAINTIFF CHARLES E. DOUGHERTY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5267- CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for the entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: September 14, 2001, Certified Mail, Restricted Delivery, Return Receipt Requested. 3. Date of execution of the affidavit of consent required by § 3301 (c) of the Divorce Code: by the plaintiff on February 7, 2002; by the defendant on January 24, 2002. Related claims pending: Property Distribution. The parties have agreed to distribute marital property in accordance with the Marital Settlement and Property Distribution Agreement dated April 2, 2002 and filed in this Docket on April 5, 2002. The parties intend that the Court will incorporate the Agreement into a Decree of Divorce. Please transmit the Agreement to the court for this purpose. 5. Date plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: April 5, 2002. Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary April 5, 2002. Attorney for Plaint~ ~ IN THE COURT Of COMMON OFCUMBERLANDCOUNTY STATE OF Joan Marie Dougherty Plaintiff VERSUS Charles E. Dougherty Defendant PLEAS PENNA. NO. 01-5267 DECREE IN DIVORCE and NOW, /~ Decreed That Joan Marie Dougherty AND Charles E. Dougherty ARE DIVORCED fROm THE bONDS Of matRimoNy. , ~0~, iT iS ORDEred AND , 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; The Marital Settlement and Property Distribution Agreement dated April 2, 2002 is hereby incorporated into this decree in divorce. By the COURT: PROTHONOTARY