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HomeMy WebLinkAbout06-4445Prepared by: DAN REGAN ATTORNEY AT LAW 1300 MARKET ST., SUITE 1 LEMOYNE, PA 17043 (717) 717-4433 DAN_REGAN@C OMCAST. NET Lori Webber, Plaintiff V. Daniel Webber, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06 • NY'/ K?CIVIL IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. Since the ground for the divorce is irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the: Office of Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE 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, Pennsylvania 17013 (717) 249-3166 Prepared by: DAN REGAN ATTORNEY AT LAW 1300 MARKET ST., SUITE 1 LEMOYNE, PA 17043 (717) 717-4433 DAN_REGAN@C OMCAST.NET Lori Webber, Plaintiff V. Daniel Webber, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. yNy6? CIVIL IN DIVORCE NOTICE REGARDING THE AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be bome by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prepared By: DAN REGAN ATTORNEY AT LAW 1300 MARKET ST., SUITE 1 LEMOYNE, PA 17043 (717) 717-4433 DAN_REGAN@C OMCA ST. NET Lori Webber, Plaintiff V. Daniel Webber, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. OL . 444a CIVIL IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Lori Webber, whose current residence is 1453 Hillcrest Ct., #402, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Daniel Webber, whose current residence is Apartment B, 502 Bridge Street, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 11, 1989, at York, Pennsylvania. 5. There have been no prior actions of divorce or annulment between Plaintiff and Defendant. 6. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. Count One: Request for Divorce under Section 3301(c) of the Divorce Code 7. Paragraphs 1 through 6 of this Complaint are incorporated herein by reference hereto. 8. The marriage between Plaintiff and Defendant is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require Plaintiff and Defendant to participate in counseling. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to 25 Pa.C.S. § 3301(c). Count Two: Request for Equitable Disposition of Marital Property Under Section 3502(a) of the Divorce Code 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference. 11. Defendant is employed as an officer with the City of Harrisburg, Pennsylvania, Bureau of Police. As such, Defendant is a vested participant in a defined benefit retirement plan (hereinafter "pension"). Subject to refinement upon discovery, virtually all of Defendant's pension benefit is marital property subject to equitable distribution. 12. During the course of the marriage Plaintiff and Defendant acquired numerous items of property which are held in their names jointly or individually. .2- WHEREFORE, Plaintiff respectfully requests the Court (1) after requiring full disclosure by Defendant, to equitably divide, distribute or assign the martial property between the parties, pursuant to 25 Pa.C.S. § 3502(a), in such proportion as the Court deems just after consideration of all the relevant factors; and (2) to issue a Qualified Domestic Relations Order segregating an as yet undetermined portion of Defendant's pension benefits for payment to Plaintiff. Count Three: Request for Alimony Under Section 3707 of the Divorce Code 13. Paragraphs 1 through 12 of this Complaint are incorporated herein by reference. 14. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living the parties established during the marriage. 15. Defendant's enjoys a substantially higher income than Plaintiff. Using the definitions and deductions specified in the Pennsylvania Support Guidelines, Plaintiffs net monthly income is only 55% of Defendant's. Plaintiffs net monthly income is approximately $1,904, while Defendant's net monthly income is approximately $3,440. From his substantially higher income Defendant is able to pay Plaintiff alimony. 16. During the marriage Defendant repeatedly used marital assets to fund communications, travel, lodging, gifts, meals, entertainment and similar expenses associated with a series of extramarital, adulterous relationships. 17. During the marriage Defendant failed to make payments on marital debts, implicitly giving preferences to the expenses identified in Paragraph 16. 18. During the marriage, and specifically on or about September 5, 2005, Defendant forged Plaintiffs signature on both a "Promissory Note and Security -3- Agreement" and an "Arbitration Agreement," in order to name Plaintiff as co-borrower on a $21,000 auto loan to be paid over six years with interest at an annual percentage rate of 16.99%. Plaintiff had no knowledge of this loan and did not consent to Defendant incurring it. 19. Without Plaintiffs knowledge or consent, Defendant listed her as a co-obligor on a credit card issued by Chase Manhattan Bank. Defendant used the card to purchase thousands of dollars of goods and services for his personal use. Defendant subsequently defaulted on the credit agreement for non-payment. Defendant's default triggered an escalating series of collection activities, the last being the filing of a collection lawsuit with this Court (Monarch Capital Corp. v. Webber, No. 055904). Although Defendant evidently used Plaintiffs name, income and credit to secure this credit card, Defendant never advised Plaintiff of the charges he was incurring, his failure to make payments, the escalating collection activities, Plaintiffs potential exposure or the suit brought by Capital Monarch. In fact, to Plaintiffs knowledge Defendant never told Plaintiff that the credit card even existed. According to counsel for Capital Monarch, the current balance due on the account, including interest and fees, exceeds $18,000. 20. The income disparity between Defendant and Plaintiff; the standard of living Defendant and Plaintiff established during their marriage; and Defendant's repeated and serious marital misconduct as described in and illustrated by Paragraphs 16, 17, 18 and 19 above warrant an award of alimony greater than the amount that would be awarded through unadjusted application of the support obligation formula, Pa.R.C.P. § 1910.16-4. -4- WHEREFORE, Plaintiff respectfully requests the Court to enter an order pursuant to 25 Pa.C.S. § 3701 directing Defendant to pay alimony to Plaintiff in amount of not less than $1300 per month for a period of not less than ten years. Count Four: Request for Alimony Pendente Lite Under Section 3702 of the Divorce Code 20. Paragraphs 1 through 20 of this Complaint are incorporated herein by reference. 21. Plaintiff is without sufficient income to support and maintain herself during the while this action is pending. 22. Plaintiff is currently receiving spousal support from Defendant, The amount of this support was determined by the Domestic Relations Office through unadjusted application of the support obligation formula. Pa.R.C.P. § 1910.16-4. 23. Defendant's repeated and serious marital misconduct as described in and illustrated by Paragraphs 16, 17, 18 and 19 above, warrant an award of alimony pendente lite greater than the amount that would be awarded through unadjusted application of the support obligation formula. 24. To date counsel for Plaintiff has incurred $750 in fees related to the investigation, analysis and pleading of the allegations presented in Paragraphs 11 though 20 above. WHEREFORE, Plaintiff respectfully requests the Court to enter an order pursuant to 25 Pa.C.S. § 3702 which directs Defendant (1) to pay Plaintiff alimony pendente lite in amount of not less than $1300 per month, such alimony pendente lite to be retroactive to the date this Complaint is filed and to continue until a decree of divorce -5- is entered; and, (2) to pay Plaintiff an additional $750 to reimburse Plaintiff for her counsel fees incurred with respect to this count of the complaint; and (3) to pay Plaintiff any additional filing fees necessitated by this count of the complaint. Count Five: Request for Continuation of Health Insurance Coverage Pendente Lite Under Section 3701 of the Divorce Code 25. Paragraphs 1 through 24 of this Complaint are incorporated herein by reference. 26. During their marriage Defendant has provided health and hospitalization insurance coverage for himself and Plaintiff through a medical plan offered by his employer at no cost to him. Plaintiff cannot obtain comparable coverage at a reasonable price. WHEREFORE, Plaintiff respectfully requests the Court to enter an order pursuant to 25 Pa.C.S. § 3702 which directs Defendant to continue covering Plaintiff under his employer-provided health and hospitalization insurance Count Six: Request for Counsel Fees, Costs and Expenses Under Sections 3323(b) and 3702 of the Divorce Code 27. Paragraphs 1 through 26 of this Complaint are incorporated herein by reference. 28. Plaintiff has retained the undersigned counsel to represent her in this matrimonial cause. 29. In light of the income disparity between the parties detailed in Paragraph 15 and Defendant's marital misconduct detailed in Paragraphs 16, 17, 18 and 19 above, Defendant should bear all counsel fees, costs and expenses, associated with this cause, including those expended on Plaintiffs behalf. -6- WHEREFORE, Plaintiff respectfully requests the Court enter an order pursuant to 25 Pa.C.S. §§ 3323(b) and 3702, directing Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. Respectfully submitted, DAN REGAN Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. ?'OCCr w Lori Webber, Plaintiff Dated: -7- fi 413 _ a , _v Prepared by: DAN REGAN ATTORNEY AT LAW 1300 MARKET ST., SUITE 1 LEMOYNE, PA 17043 (717) 717-4433 DAN_REGAN@COMCAST. NET Lori Webber, Plaintiff V. Daniel Webber, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-4445 CIVIL IN DIVORCE AFFIDAVIT OF RETURN OF SERVICE UPON DEFENDANT, DANIEL WEBBER, BY MAIL PURSUANT TO PA. R.C.P. 405(c) Dan Regan, being duly sworn according to law, deposes and says that: 1. On August 3, 2006, a true copy of the "Complaint under Section 3301(c) of the Divorce Code" was mailed to Defendant, Daniel Webber, at his address by certified mail, return receipt requested. On August 23, 2006, the post office returned the letter, attached hereto as Exhibit 'A" stamped with the notation that the letter was unclaimed. 2. On August 3, 2006, a true copy of the "Complaint under Section 3301(c) of the Divorce Code" was mailed by ordinary mail to Defendant, Daniel Webber, at his address, with the deponent's return address appearing on the envelope. It has been more than fifteen days since this mailing and the letter has not been returned. I-XI'L- 4?e-? c / Dan Regan Dated: ?c COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) BEFORE ME, A NOTARY PUBLIC, THIS 1710) DAY OF AUGUST, 2006, PERSONALLY APPEARED DAN REGAIN, KNOWN TO BE (OR SATISFACTORILY PROVEN) TO HE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING "AFFIDAVIT OF RErURN OF SERVICE" AND ACKNOWLEDGED THAT HE EXECUTED THE SAME FOR THE PURPOSES THEREIN CONTAINED. IN WITNESS WHEREOF, I HAVE HEREUNTO SET ME HAND AND SEAL. COMMONWEALTH OF PENNSYLVANIA NoleddSBd Lap Pubic s cWbWhrdc=* *0MW le *n 8*Q@ JuM 16, 2D10 MSMW. PSnr,S*SnlS ASSOdHbn of NOW" -n, „ C STREET, SUITE 1 17043 pp$r6LSiRVKF E T04Ne. - 7005 1820 0002 7614 9707 T? -- 0000 17070 scerse Rl, MOVEp, [EFT NO FO,,?RD/N ADOR ANIEL WEBBER EMriEp NOT NOW^,APART N0 O EFU, -D" 502 B STREET NO SUCH NUNf6gR .? S (1fflpfENT UMBERLAND, PA.. ADDRE, 2nd r?t,E?_ MURN B' DR DAN BEGAN Y AT LAW ATTORNE LEMOYNE, PA '. 1300 MARKET VIII II 1111111111 millIIIII VIII a A 1 r a v U 3 7 U U 0 r a Prepared By: DAN REGAN ATTORNEY AT LAW 1300 MARKET ST., SUITE 1 LEMOYNE, PA 17043 (717) 717-4433 DAN_REGAN@C OMC AST . NET Lori Webber, ) Plaintiff ) V. ) Daniel Webber, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-4445 CIVIL IN DIVORCE PETITION TO JOIN COUNT UNDER SECTION 3301(a)(6) OF THE DIVORCE CODE AND, IF NECESSARY, FOR RULE TO SHOW CAUSE Plaintiff Lori Webber, through her undersigned attorney, petitions this Court under Rule 1920.13(b)(2) for leave to amend the "Complaint Under Section 3301(c) of the Divorce Code" [hereinafter "Original Complaint] filed in the above-referenced term and number on August 3, 2006, to joint a count seeking divorce under Section 3301(a)(6) of the Divorce Code; and, in the event the Court cannot make an ex parte determination on the petition to join, Plaintiff petitions this Court under Cumberland County Rule 206.4(c) to issue a rule upon Defendant to show cause why the requested relief should not be granted. In support hereof Plaintiff states as follows: 1. Paragraphs 1 through 29 of the Original Complaint are incorporated herein by reference. 2. The first count of the Original Complaint (Paragraphs 7 through 9) sought a decree of divorce based on the mutual consent of the parties. When Plaintiff filed the Original Complaint, she was under the impression that Defendant had retained counsel for this action, that Defendant would cooperate with Plaintiff in settling their economic issues, and that upon settling their economic issues Defendant would join Plaintiff in mutually consenting to the entry of a divorce decree. 3. Upon filing the Original Complaint, Plaintiff's counsel obtained two certified copies and attempted to affect service by sending one copy to Defendant via certified mail and one copy to Defendant via first class mail. Plaintiff's counsel also sent a copy of the Original Complaint to Gary Kelley, Esq., whom Plaintiff's counsel understood might be representing Defendant. The copy sent to Defendant via certified mail was returned to Plaintiff's counsel as unclaimed, forcing Plaintiff's counsel to prepare and file an Affidavit of Return of Service pursuant to Rule 405(c). (This affidavit was filed on August 31, 2006.) Mr. Kelley never responded to his copy of the Original Complaint or even acknowledged his receipt of it, even though Plaintiff's counsel called Mr. Kelley's office and left messages asking Mr. Kelley to specify his role in the proceedings. 4. Defendant has provided no indication that he is interested in settling the economic issues in this case or performing any of the steps necessary to obtain a divorce by mutual agreement. Under the circumstances, the only way to address the economic issues and obtain a divorce decree in a timely manner is through litigation. 5. Plaintiff accordingly wishes to amend the Original Complaint to include a count seeking a decree of divorce under Section 3301(a)(6) of the Divorce Code: "The court may grant a decree of divorce to the innocent and injured spouse whenever it has been adjudged that the other spouse has ... [o]ffered such indignities to the innocent and injured spouse as to render that spouse's condition intolerable and life burdensome." The required jurisdictional, venue and substantive elements for a Section 3301(a)(6) complaint are already on file through the verified factual allegations in the Original Complaint. In particular, the verified facts detailed -2 - in Paragraphs 16 through 19 of the Original Complaint are sufficient in themselves to constitute "indignities" for purposes of Section 3301(a)(6). No further pleading or verification is necessary. 6. Defendant will not be unduly prejudiced or surprised by this amendment. Through the Original Complaint, Defendant was notified that the facts detailed in Paragraphs 16 through 19 of the Original Complaint were in issue. More generally, Paragraph 20 specifically alleged that Defendant engaged in marital misconduct, including but not limited to the acts described in Paragraphs 16 through 19, of sufficient frequency and gravity as to merit increased alimony under Section 3701(b)(14) of the divorce code. As the specific acts and course of conduct supporting Plaintiff's alimony count are the same as the acts and course of conduct supporting Plaintiff's complaint for divorce based on indignities, Defendant cannot reasonably claim surprise or prejudice. Moreover, as Plaintiff's alimony complaint has not yet been subject to discovery or hearing, permitting a divorce count based on the same underlying facts will not delay the ultimate disposition of this case. 7. Manifest injustice will result if the requested amendment is not granted. Defendant's inaction demonstrates that the is not interested in pursuing this divorce as a matter of mutual agreement, and adding the requested fault count is the only reasonable means Plaintiff has to assure a timely resolution of the economic issues and a timely dissolution of the marriage. 8. This petition has been made necessary solely as a result of Defendant's intransigence. Accordingly, any costs borne by Plaintiff to add this count to her Original Complaint should be assessed to Defendant pursuant to Section 3323(e) of the Divorce Code. Also, to date Plaintiff has incurred $225 in attorneys fees related to the preparation of this petition, and Plaintiff will incur, at minimum, an additional $225 in attorney's fees if Plaintiff's attorney is required to attend a hearing, upon issuance of a rule to show cause, to litigate whether Defendant can demonstrate grounds why Plaintiff's petition should not be granted. -3 - . . , Accordingly, any attorney's fees bome by Plaintiff to add this count to her Original Complaint should be assessed to Defendant pursuant to Section 3323(f) of the Divorce Code. 9. As there is no known counsel of record for Defendant, the undersigned is unable to provide concurrence of counsel per Rule 208.2(d) of the Cumberland County Rules of Procedure. Accordingly, the undersigned presumes a lack of concurrence. WHEREFORE, Plaintiff respectfully requests the Court (1) to either (a) grant leave for Plaintiff to join a count into her Original Complaint to seek a fault divorce on the ground of indignities per Section 3301(a)(6) of the Divorce Code; or, (b) in the event the Court cannot make an ex parte determination on the petition to join, issue a rule upon Defendant to show cause why the petition to join should not be granted; (2) to order Defendant to pay Plaintiff any additional filing fees and or costs necessitated by the joinder of this count to the Original Complaint; and (3) to order Defendant to pay Plaintiff an amount set by the Court to reimburse Plaintiff for her counsel fees incurred with respect to preparing and, if necessary, litigating this petition. Respectfully submitted, DAN REGAN Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 -4 - .? f"? "`-? ?`-? ?- ?? --rz LORI WEBBER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4445 CIVIL V. CIVIL ACTION - LAW DANIEL WEBBER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 21st day of September, 2006, upon consideration of the Petition to Join Count under Section 3301(a) (6) of the Divorce Code, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the Defendant to show cause why the Plaintiff is not entitled to the relief requested; 2. The Defendant will file an answer to this petition on or before October 11, 2006. 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, -'Dan Regan, Esquire Attorney for Plaintiff V ,p/aniel Webber J ,d Defendant bas b *k-A,.,UA M. L. Ebert, Jr., 0 J. Soo, ?7.? Prepared By: DAN REGAN ATTORNEY AT LAW 1300 MARKET ST., SUITE 1 LEM O YNE, PA 17043 (717)717-4433 DAN_REGAN@C OMCA ST . NET Lori Webber, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Daniel Webber, Defendant CIVIL ACTION - LAW No. 06-4445 CIVIL IN DIVORCE Previously assigned to Hon. M.L. Ebert, Jr. PLAINTIFF'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE Plaintiff, Lori Webber, through her undersigned attorney, respectfully moves this Court to make absolute the rule to show cause which was issued in the above-captioned matter on September 21, 2006, and in support thereof states as follows: 1. Plaintiff filed a "Petition to Join Count under Section 3301(a)(6) of the Divorce Code and, If Necessary, for Rule to Show Cause" [hereinafter "Plaintiff's Petition"] on September 18, 2006. Plaintiff's attorney mailed a copy of Plaintiff's Petition to Defendant. Because Defendant is appearing pro se, this Court mailed the order to Defendant at his home address. 2. On September 21, 2006, this Court issued a rule on Defendant, Daniel Webber, to show cause "why the Plaintiff is not entitled to the relief requested." 3. The face of the September 21, 2006, order indicates that this Court mailed a copy of the order to Plaintiff. Because Defendant is appearing pro se, this Court mailed the order to Defendant at his home address. 4. Defendant has failed to respond to Plaintiff's Motion and this Court's September 21, 2006, order. WHEREFORE, Plaintiff, Lori Webber, requests that this Court make the rule to show cause absolute and (1) grant leave for Plaintiff to join a count into her Original Complaint to seek a fault divorce on the ground of indignities per Section 3301(a)(6) of the Divorce Code; (2) order Defendant to pay Plaintiff any additional filing fees and or costs necessitated by the joinder of this count to the Original Complaint; and (3) to order Defendant to pay Plaintiff an amount set by the Court to reimburse Plaintiff for her counsel fees incurred with respect to preparing Plaintiff's Petition and this motion requesting rule to be made absolute. itted, Respectfully s7/-/) \\?? DAN REGAN - Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 Attorney for Lori Webber, Plaintiff Dated: October 16, 2006 -2 - Lori Webber, Plaintiff V. Daniel Webber, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-4445 CIVIL IN DIVORCE CERTIFICATE OF SERVICE I, Dan Regan, certify that I have this day served a true and correct copy of the foregoing document by first class mail, addressed as follows, upon: Daniel Webber Apartment B 502 Bridge Street New Cumberland, PA 17070 /i DAN REGAN 1 U Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 Dated: October 16, 2006 7 ? 1 is LORI WEBBER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4445 CIVIL V. CIVIL ACTION - LAW DANIEL WEBBER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 20th day of October, 2006, upon consideration of the Plaintiff's Petition to Join Count under Section 3301(a)(6) of the Divorce Code, and the Court having previously issued an Order upon the Defendant to answer the said Petition on or before October 11, 2006, and further that the Defendant has failed to answer; IT IS HEREBY ORDERED AND DIRECTED that the Rule issued upon the Defendant by Order of Court dated September 21, 2006 is made absolute and the Complaint in the above captioned matter is amended to include a count seeking a fault divorce on the ground of indignities pursuant to Section 3301(a)(6) of the Divorce Code. By the Court, 0an Regan, Esquire Attorney for Plaintiff aniel Webber Defendant bas llm? -?, ?_a_ M. L. Ebert, Jr., J. ? O? 't1'no 6 Z rC Wd 0Z 130 9UOZ AUVICINOv i dd 3r u 3{3 30d-q&-Cf? Prepared By: DAN REGAN ATTORNEY A'1' LAW 1300 MARKET ST., SUITE 1 LEMOYNE, PA 17043 (717) 717-4433 DAN_REGAN@COMCAST.NET Lori Webber, Plaintiff V. Daniel Webber, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-4445 CIVIL IN DIVORCE PETITION FOR INJUNCTION AND SANCTIONS UNDER SECTION 3323(f) OF THE DIVORCE CODE AND, IF NECESSARY, FOR RULE TO SHOW CAUSE Plaintiff, Lori Webber, through her undersigned attorney, petitions this Court for an injunction (1) directing Defendant, Daniel Webber, to formally retract a "Criminal Trespass Warning" counsel for Defendant mailed to Plaintiff with copies sent to several local law enforcement agencies; (2) ordering Defendant to refrain from harassing plaintiff by mailing similar vexatious letters or otherwise; and (3) ordering Defendant to reimburse Plaintiff for attorneys fees incurred in preparing this petition and, if need be, litigating this petition through proceedings subsequent to issuance of an order issuing a rule upon Defendant to show cause why Plaintiff's requested relief should not be granted. In support hereof Plaintiff states as follows: 1. By letter dated October 2, 2006, Plaintiff received a "Criminal Trespass Warning" signed by Richard C. Rupp, Esq., who identified himself as Defendant's attorney. A copy of this letter, reduced to accommodate marking, is attached hereto as Exhibit "A." 2. Mr. Rupp has not entered an appearance for Defendant in this proceeding and he has not identified himself to Plaintiff's counsel. Plaintiff's counsel called Mr. Rupp's office to determine Mr. Rupp's involvement in this case. Plaintiff's counsel left a message, which Mr. Rupp never returned. In the absence of information to the contrary, Plaintiff and her counsel assume that for purposes of this case Defendant is continuing to appear pro se. 3. The letter shows a "cc" list indicating that copies were mailed to Plaintiff's counsel, the Camp Hill Police Department, the Cumberland County Sheriff's Department, the Harrisburg Police Department, and the Dauphin County Sheriff's Department. The letter was written over three weeks ago, and to date Plaintiff's counsel has yet to receive his copy. Whether copies were sent to the law enforcement entities is unclear. 4. The letter serves virtually no purpose recognized at law. A criminal trespass warning serves one purpose and one purpose only: to elevate a subsequent violation from "simple trespass," a summary offense, to "defiant trespass," a third degree misdemeanor. 25 Pa.C.S. § 3503(b). As demonstrated in the subparagraphs below, the desire to give warning does not warrant the letter Plaintiff received. (a) Since Defendant obtained his apartment, Plaintiff has entered Defendant's apartment exactly three times, each time being at Defendant's invitation. In contrast, the letter suggests Plaintiff previously entered Defendant's apartment without permission. (b) The criminal trespass statute is violated when a person "enters or remains in" a place where someone has been warned not to go. In contrast, the letter warns plaintiff not to "go to the residence of [Defendant]." Through the letter's intentional vagueness, Plaintiff is left to wonder if she could get in trouble by walking down Bridge Street in front of Defendant's apartment building. -2 - (c) The statute is solely concerned with places; more specifically, being in a place where someone has been warned not to go. In contrast, half of the letter warns about approaching Defendant's person. The letter falsely suggests that approaching Defendant outside his apartment violates the criminal trespass statute. (d) The statute does not require sending criminal trespass warnings to law enforcement agencies. In contrast, the letter is "carbon copied" to no fewer than five law enforcement agencies. Moreover, the local law enforcement agency with jurisdiction over Defendant's apartment - the New Cumberland Police -- is absent from the list. 5. The letter's overbroad, intentionally vague language, its gratuitous and inaccurate warning about approaching Defendant's person, and its completely unexplained inclusion of police forces that do not have jurisdiction over Plaintiff's apartment demonstrate that the letter's purpose was not to provide a criminal trespass warning, but for different reasons altogether. (a) Its pretext notwithstanding, the real purpose of the letter was to annoy, upset, harass, vex and otherwise punish Plaintiff for pursuing her rights under the Divorce Code. Plaintiff's original complaint seeks increased alimony on the grounds of fraud, widespread and repeated adultery and other forms of marital misconduct. The original complaint was recently amended to allege that Defendant's misconduct constitutes indignities entitling Plaintiff to a divorce on fault grounds. Rather than engage the litigation in a civil or constructive manner, Defendant elected instead to injure Plaintiff for bringing her case. (b) While the letter was not sent to the police department with jurisdiction over Defendant's residence, the letter was sent to the police department with jurisdiction over Plaintiffs residence. This curious omission, combined with the fact that Defendant is a Harrisburg police officer, suggests the letter had a second purpose: telling other cops that Plaintiff was a "bad actor," to be dismissed if possible and approached with suspicion if -3 - necessary. Just as Defendant is a cop, Plaintiff is a cop's wife; and Plaintiff knows from experience that officers use communications like the October 2"d letter to tarnish reputations and make it a little more difficult for certain individuals to obtain police intervention and assistance in time of need. Rather than dealing with his divorce case and answering the misconduct allegations lodged against him, Defendant has instead invoked "the thin blue line" to try to make Plaintiff's life more difficult. 6. This petition has been made necessary solely as a result of Defendant's malicious desire to harass and punish Plaintiff for pursuing her rights under the Divorce Code. As a matter of equity, Defendant should therefore bear the attorney's fees associated with this petition. To date, Plaintiff has incurred $450 in attorneys fees related to the preparation of this petition, and Plaintiff will incur, at minimum, an additional $225 in attorney's fees if Plaintiff's attorney is required to attend a hearing, upon issuance of a rule to show cause, to litigate whether Defendant can demonstrate grounds why Plaintiff's petition should not be granted. 7. The letter was not filed in this docket and the author is not a party or (as far as one knows) counsel in this case. As a consequence, a motion for sanctions under Rule 1023.2 is inappropriate and inapplicable. Plaintiff therefore asks the Court to use its broad equitable powers to order Defendant to retract the letter; to prohibit Defendant from further actions intended to annoy, upset, harass, vex and otherwise punish Plaintiff; and to require Defendant to reimburse Plaintiff for her attorney's fees associated with preparing and litigating this petition. WHEREFORE, Plaintiff respectfully requests the Court to either (1) issue an injunction (a) ordering Defendant to send a written retraction of the October 2"d letter to Plaintiff and every party that received a copy of the letter, (b) prohibiting Defendant from harassing plaintiff by mailing similar vexatious letters or otherwise; and (c) ordering Defendant to reimburse Plaintiff for attorneys fees incurred in preparing this petition; or (2) in the event the Court cannot make -4 - an ex parte determination on this petition, to issue a rule upon Defendant to show cause why the relief requested in this petition should not be granted. Respectfully submitted, DAN REGAN Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 -5 - ,EXH "A' No, 3189 P. 1 UCt. b. 1UUb j, jUt'M LAW OFFICaS R.UPP AND MEIKLE HERBERT G. RUPP. JR, A PROFESSIONAL CORPORATION (717) 701-3459 RICHARD C. RUPP 360 NORTH 2fST STREET, SUITE .1C T FAX: (717) 730-0214 ANN MEIKLE ERIKSSON CAMP HILL, PA 17011 (1964-82) E-MA1l: RUPPLAWQGFICEQAOL.COA1 October 2, 2006 Ms. Lori Weber 1453 H111crest Court Apt. 402 Camp Hilt, PA 17011 CRIMINAL TRESPASS WARNING Ms. Lori Weber: FROM THIS DAY FORWARD, PLEASE BE ADVISED: 1. YO.U ARE; NOT : 0 GO THTE RESIDENCE OF DANIEL WEBER WHO RESIDES AT 502 BRIDGE ST., APT. B, NEW CUMBERLAND, PENNSYLVANIA. 2. YOU ARE NOT TO APPROACH HIM AT ANY TIME. . 3. IF YOU ATTEMPT TO GO TO THIS PROPERTY OR NEAR THIS PERSON YOU WILL BE IMMEDIATELY SUILIKT TO ARREST AND INCARCERATION, HAVING BEEN SO WARNED BY THIS LETTER. PLEASE GOVERN YOURSELF ACCORDINGLY. CC; PENNSYLVANIA STATE POLICE CAMP HILT. POLICE DEPARTMENT CUMBERLAND COUNTY SHERIFF DAN REGAN, ESQ. HARRISBURG POLICE DEPARTMENT DAUPHIN COUNTY SHERIFF ATTORNEYS FORc MR. DANIEL WEBER i ' Lori Webber, Plaintiff V. Daniel Webber, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-4445 CIVIL IN DIVORCE Previously assigned to Hon. M.L. Ebert, Jr. CERTIFICATE OF SERVICE 1, Dan Regan, certify that I have this day served a true and correct copy of the foregoing document by certified mail, return receipt requested, and a true and correct copy of the foregoing document by first class mail, addressed as follows, upon: Daniel Webber Apartment B 502 Bridge Street New Cumberland, PA 17070 DAN REGA Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 Dated: October 27, 2006 f -Ti c am, •' Tr .j LORI WEBBER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4445 CIVIL DANIEL WEBBER, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 3d day of November, 2006, after review of the Plaintiff's Petition for Injunction and Sanctions, IT IS HEREBY ORDERED AND DIRECTED that the Petition is DENIED without hearing. By the Court, ?Dan Regan, Esquire Attorney for Plaintiff )3'arniel Webber Defendant bas ?k -,? u M. L. Ebert, Jr., J. nrN Ij Prepared By: DAN REGAN ATTORNEY AT LAW 1300 MARKET ST., SUITE 1 LEMOYNE, PA 17043 (717) 717-4433 DAN_REGAN@COMCAST.NET Lori Webber, Plaintiff V. Daniel Webber, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-4445 CIVIL IN DIVORCE Plaintiff s Motion for Sanctions Against Defendant for Defendant's Failure to Answer Plaintiffs First Set of Interrogatories to Defendant Plaintiff, Lori Webber, through her undersigned counsel, hereby moves this Court to enter an order pursuant to Pa.R.C.P. No. 4019(a)(1)(i) directing Defendant, Daniel Webber, to either serve full and complete answers to Plaintiff's first set of interrogatories or suffer sanctions. In support hereof Plaintiff states as follows: 1. The above-captioned divorce suit was instituted by Plaintiff on August 3, 2006. Plaintiff declined to accept service of the divorce complaint via certified mail, which required Plaintiff's counsel to file an affidavit of return of service upon defendant pursuant to Pa.R.C.P. No. 405(c). Plaintiff's counsel filed the Rule 405(c) affidavit on August 31, 2006- 2. Pursuant to Pa.R.C.P. No. 4006(a)(2), on October 17, 2006, Plaintiff's counsel sent Plaintiff's first set of interrogatories to Defendant. A true and correct copy of Plaintiff's interrogatories is attached hereto as Exhibit "A." As Defendant continues to appear in this case pro se, Plaintiff's counsel sent one copy of these interrogatories via certified mail and one copy I via regular mail. As with every other document prepared by Plaintiff to date, Defendant refused to accept his certified mail. However, the copy sent via regular mail was not returned, and service is therefore presumed as a matter of law. 3. The first paragraph of the interrogatories stated that answers were due within thirty days of service. As the interrogatories were mailed from the Carlisle post office and Defendant lives in New Cumberland. It is therefore reasonable to assume Defendant received the regular mail copy of the interrogatories no later than Friday, October 20th, which made answers were due by Monday, November 20, 2006. 4. A period of more than thirty days has elapsed since the interrogatories were served upon Defendant, and no response of any kind has been provided. 5. By letter dated November 21, 2006, Plaintiff's counsel sent Defendant a letter notifying him that his responses were overdue, and that a motion would be filed if answers were not transmitted on or before November 30, 2006. A true and correct copy of this letter is attached hereto as Exhibit "B." Defendant did not respond to this letter in any way. 6. For the foregoing reasons, Plaintiff believes and avers Defendant will not answer Plaintiff's interrogatories absent a court order pursuant to Pa.R.C.P. No. 4019(a)(1)(i). WHEREFORE, Plaintiff respectfully requests the Court enter an order directing Defendant to file full and complete answers to Plaintiff's First Set of Interrogatories to Defendant within ten days or suffer appropriate sanctions to be imposed upon further application to the court. Dated : Res ectfully sub 'tted, DAN REGAN Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 -2 - VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Dated : ( 2 ( a- ??' '4- L'a - A Lori Webber, Plaintiff -3- Lori Webber, Plaintiff V. Daniel Webber, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-4445 CIVIL IN DIVORCE Previously assigned to Hon. M.L. Ebert, Jr. CERTIFICATE OF SERVICE I, Dan Regan, certify that I have this day served a true and correct copy of the foregoing document by certified mail, return receipt requested, and a true and correct copy of the foregoing document by first class mail, addressed as follows, upon: Daniel Webber Apartment B 502 Bridge Street New Cumberland, PA 17070 14,n- 4C?7?? DAN REGAN Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 Dated: December 12, 2006 l . F)(H t5 I -T x,04 y. Lori Webber, Plaintiff V. Daniel Webber, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-4445 CIVIL IN EQUITABLE DISTRIBUTION AND ALIMONY PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT Plaintiff, Lori Webber, by her attorney, Dan Regan, Esq., hereby requests that Defendant, Daniel Webber, answer fully, in writing and under oath, the following interrogatories within thirty (30) days after service upon you pursuant to the Pennsylvania Rules of Civil Procedure 1920.22(b) and 4005. INTERROGATORIES 1. State the following: (a) Your full name. (b) Your present address. (c) Your present physical and mental condition, setting forth any physical or mental disabilities you have. Set forth when each disability occurred and the cause of same. 2. State your current employer and title. 3. State whether during the last 48 months you have received a demotion, reduction in pay, loss of benefits, employer-ordered drug test for cause, or other adverse job action, setting forth for each adverse job action the following: (a) The specific adverse job action received. (b) Your employer's stated basis for the adverse job action. -2 - 4. With regard to your retirement plan with the Harrisburg Police Department, state the following: (a) The name and address of the plan manger, under what circumstances you are entitled to receive benefits, and the amount of said benefits. (b) The total amount of your contributions to the plan to date. (c) When your benefits became or will become vested. (d) The dates and amounts of any withdrawals or loans from said plan during the last 36 months. (e) What was done with the monies withdrawn or borrowed. (f) The present value of your interest in the plan. Attach hereto a statement from your plan administrator quantifying your interest. (g) The value of your interest at the time you married Plaintiff. -3 - 5. Describe any self-employment activities or businesses you have had in the past 48 months, stating the annual compensation received from each during the last four calendar years. -4 - 6. State whether during the last 48 months you have been a party to any lawsuit or equity suit (other than marital) setting forth for each suit the following: (a) The names and addresses of all parties. (b) The court and docket number. (c) The result of each completed lawsuit or equity suit and the current status for each lawsuit or equity not completed. 7. For each debt you currently owe and each judgment pending against you, state the following: (a) The name, address and telephone number of the creditor or judgment holder. (b) The account number, docket number or other identifying information. (c) Whether you executed any documents making Plaintiff directly or contingently liable, as a co-holder, co-debtor or otherwise, for repayment of the debt or payment of the judgment. -5 - 8. With regard to the credit card giving rise to the collection suit captioned Monarch Capital Corp. v. Webber (Cumberland County Court of Common Pleas Docket No. 05-5904 Civil Action - Law): (a) State whether you signed Plaintiff's name on the credit card application. (b) Identify the card issuer and provide the account number. (b) For all purchases made by that card for the benefit of Plaintiff or the joint benefit of you and Plaintiff, provide the purchase date, seller, and the purchase price; and describe the goods or services purchased. -s - 9. Set forth the year acquired, cost when acquired and current value for: (a) Any and all living room furniture that remained at the one-time marital residence (317 Tenth Street, New Cumberland, Pennsylvania) after November 28, 2005, the date Plaintiff permanently left the premises. (b) Any and all dining room furniture that remained at the one-time marital residence (317 Tenth Street, New Cumberland, Pennsylvania) after November 28, 2005, the date Plaintiff permanently left the premises. (c) Any and all kitchen furniture that remained at the one-time marital residence (317 Tenth Street, New Cumberland, Pennsylvania) after November 28, 2005, the date Plaintiff permanently left the premises. -7- (d) Any and all master bedroom and other bedroom furniture that remained at the one-time marital residence (317 Tenth Street, New Cumberland, Pennsylvania) after November 28, 2005, the date Plaintiff permanently left the premises. (e) Any and all televisions, stereo equipment, and electronic entertainment components that remained at the one-time marital residence (317 Tenth Street, New Cumberland, Pennsylvania) after November 28, 2005, the date Plaintiff permanently left the premises. (f) Any and all computer hardware and peripherals that remained at the one-time marital residence (317 Tenth Street, New Cumberland, Pennsylvania) after November 28, 2005, the date Plaintiff permanently left the premises. (g) Any and all major appliances, including, but not limited to, air conditioners, refrigerators, freezers, clothes dryers, clothes washers and dishwashers that remained at the one-time marital residence (317 Tenth Street, New Cumberland, Pennsylvania) after November 28, 2005, the date Plaintiff permanently left the premises. -8- (h) Any and all china and crystal that remained at the one-time marital residence (317 Tenth Street, New Cumberland, Pennsylvania) after November 28, 2005, the date Plaintiff permanently left the premises. (i) Any and all outdoor lawn and garden equipment, including any and all temporary outbuildings and sheds that remained at the one-time marital residence (317 Tenth Street, New Cumberland, Pennsylvania) after November 28, 2005, the date Plaintiff permanently left the premises. 0) Any and all bicycles, motor scooters, cameras and camera equipment, or other sporting goods or recreational equipment that remained at the one-time marital residence (317 Tenth Street, New Cumberland, Pennsylvania) after November 28, 2005, the date Plaintiff permanently left the premises. -9- (k) Any and all home improvement or maintenance apparatus or equipment, including, but not limited to, power tools, hand tools, hardware supplies, wheelbarrows, ladders, painting equipment and supplies, wet-dry vacuums and air compressors that remained at the one-time marital residence (317 Tenth Street, New Cumberland, Pennsylvania) after November 28, 2005, the date Plaintiff permanently left the premises. (1) Any and all items with a present value equal to or greater than $100.00, not identified in response to items (a) through (k) above, that remained at the one-time marital residence (317 Tenth Street, New Cumberland, Pennsylvania) after November 28, 2005, the date Plaintiff permanently left the premises. -10 - 10. If you sold, transferred, gave away or otherwise disposed of any marital property during the past 15 months, for each transaction state the following: (a) The name and address of the party receiving the marital property and your relationship, if any, to that party. (b) The marital property sold, transferred or otherwise disposed of. (c) The consideration you received in exchange for the marital property. (d) What you did with the consideration you received. (For purposes of this interrogatory, "marital property" means all any and all items of real or personal property, tangible or intangible, recognized as marital property under Pennsylvania law. This definition includes items identified in the various subparts of Interrogatory 3 above, as well as pets and baby clothes, toy chests, children's furniture and other items of sentimental value.] -11 - 11. If you sold, transferred, gave away or otherwise disposed of any of Plaintiff's tangible separate property during the past four (4) years, for each transaction state the following: (a) The name and address of the party receiving the property and your relationship, if any, to that party. (b) The property sold, transferred or otherwise disposed of. (c) The consideration you received in exchange for the property. (d) What you did with the consideration you received. -12 - 12. If during the past four (4) years you appropriated any of Plaintiff's separate intangible property, including but not limited to gifts of cash, for your personal use, state the amount appropriated and the approximate date when such appropriation occurred. 13. With regard to the jewelry safe that remained at the one-time marital residence (317 Tenth Street, New Cumberland, Pennsylvania) after November 28, 2005, the date Plaintiff permanently left the premises, state the name and the last known address and telephone number of every person, beginning with you, who knew the combination or combinations in place from the time the safe was placed in your possession. -13 - 14. For each item of marital property currently in the possession of someone other than you, or located on property owned by someone other than you, including but not limited to members of your family, state the following: (a) The item being held. (b) The name(s) and telephone number(s) of the person(s) holding the item. (c) The address where the item is currently located. [For purposes of this interrogatory, "marital property" means all any and all items of tangible personal property and any certificate, instrument or other documentation of any intangible property, recognized as marital property under Pennsylvania law. This definition includes items identified in the various subparts of Interrogatory 3 above, as well as pets and baby clothes, toy chests, children's furniture and other items of sentimental value.] -14 - 15. For each item of Plaintiff's separate property currently in the possession of someone other than you, or located on property owned by someone other than you, including but not limited to members of your family, state the following: (a) The item being held. (b) The name(s) and telephone number(s) of the person(s) holding the item. (c) The address where the item is currently located. -15 - 16. For each car, truck, motorcycle, boat, trailer, camper, aircraft or other vehicle you owned or have owned within the last 15 months, state the following: (a) Year, make, model, license or registration number and present location. (b) Name appearing on the certificate of title and name appearing on the vehicle registration. (c) Date of purchase and purchase price. (d) If the vehicle is financed, state the name and address of the holder of the lien, total amount due on the loan, the monthly payment amount, and the number of payments currently in default (if any). (e) Name and address of each person making payments on each vehicle and total amount paid by each person, stating the monthly amount paid for each vehicle. (f) Your best estimate of the present value of each vehicle. -16 - 17. State whether you ever signed Plaintiff's name on any automobile loan documents, credit card applications or other debt or line of credit instruments. If so, identify all documents so executed and for each identified document provide the creditor and account number. -17 - 18. For each of the parties you corresponded with via the electronic mail addresses listed below, state the user's name, last known address and last known telephone number: (a) bbubel123@hotmail.com (b) sthau@juno.com (c) blueiis@talkmatch.com (d) swing dancing@talkmatch.com (e) j_hoover26@talkmatch.com (f) kimmeronly@hotmail.com (g) VikingQueen@talkmatch.com (h) islandgidtravel@talkmatch.com (i) gimegoosebumps@talkmatch.com Q) dfiss@talkmatch.com -18 - (k) mary1728@talkmatch.com (1) biondy4t2d@talkmatch.com (m) Ilorrie641 @talkmatch.com (n) littleone52@talkmatch.com (o) beateb@verizon.net (p) dustrychocdrop@talkmatch.com (q) FunLovingCin@talkmatch.com (r) MissSensuale@talkmatch.com (s) Rheinesel@talkmatch.com (t) snkpeeks@talkmatch.com (u) ladysapphire73@talkmatch.com (v) SuzanneER@talkmatch.com -19 - (w) arealcatch44@talkmatch.com (x) junemoon91 @talkmatch.com (y) luvfromukraine@talkmatch.com (z) rina@ptd.net (aa) gradonfly2620@comcast.net (bb) jhoover459@comcast.net (cc) jmarsh21 @twcny.rr.com (dd) Iluana@comcast.net (ee) Pattyl956@talkmatch.com (ff) tallvitalady@yahoo.com (gg) DesignsbyLuba@aol.com (hh) DZ459@aol.com -20- (ii) GoddessMom63@talkmatch.com 19. Please state the full names and provide the last known addresses and telephone numbers for the following persons, with whom you currently associate or have associated with in the past: (a) Sharon O'Neil (b) Marti Painter (c) Maria Stremtan (d) Rebecca Faerber, D.P.M. (e) Janet Perlongo (f) Katrina Dick -21 - 20. If you have taken any trips or vacations lasting more than two (2) continuous days outside Pennsylvania during the last 48 months, state the following for each trip: (a) The dates, destination and length of trip. (b) The names, last known addresses and last known telephone numbers of each person who accompanied you. (c) The means of transportation and the travel agent or person through whom tickets were purchased or arrangements were made. (d) Total cost of each trip, including transportation, meals, lodging and entertainment. -22- 21. If you have given cash or non-cash gifts with a total value of over $100 to any person other than Plaintiff or members of your immediate family (defined as parents, siblings or children) during the past 48 months, state the following: (a) The name, last known address and last known telephone for each recipient. (b) The gifts given and the dates when the gifts were given. (c) The reason for each gift. (d) The value of each gift. -23- CKN IS IT "& If DR ;4111111111? DAN REGAIN ATTORNEY AT LAW 1300 MARKET STREET, SUITE 1 LEMOYNE, PA 17043 TEL: 717-737-4433 FAX: 717-737-0609 E-MAIL: DAN_REGAN@COMCAST.NET November 21, 2006 Daniel Webber Apartment B 502 Bridge Street New Cumberland, PA 17070 Re: Case No. 06-4445 (Cumberland County) Webber v. Webber VIA CERTIFIED MAIL, RESTRICTED DELIVERY AND RETURN RECEIPT REQUESTED AND VIA FIRST CLASS MAIL Dear Mr. Webber: On October 18, 2006, you were served with Plaintiff's First Set of Interrogatories to Defendant." You were advised through the first paragraph that responses were due within thirty (30) days. The deadline has passed, and I have not received your responses. Accordingly, you are now formally advised that if your responses are not received in my office by close of business Thursday, November 30, 2006, 1 will move for a court order compelling you to provide answers by a date certain or suffer sanctions as directed by the court. If you have retained counsel to represent you in this matter, please give this letter and the interrogatories to your lawyer and ask your lawyer to contact me immediately. Sincerely, ?- Dan Regan /: Lori Webber (VIA FIRST CLASS MAIL) "Let's talk about it." W R rti; ... _.? C.n low% i LORI WEBBER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4445 CIVIL V. CIVIL ACTION -LAW DANIEL WEBBER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 18th day of December, 2006, upon consideration of the Plaintiffs Motion for Sanctions Against Defendant for Defendant's Failure to Answer Plaintiff's Interrogatories to Defendant, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before January 8, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ,?\k -? "\? M. L. Ebert, Jr., 0 J. t.,? `? r? ' ? :, ? ?.? _ - t_r ?=? ?.= ". -<??, ? - '?, r?::. ?:?+F? ?; ?.;; ?^ ? ?? ? c--i Dan Regan, Esquire Attorney for Plaintiff Daniel Webber Defendant ?? /3 lu?v6 Co-? bas __ A Prepared By: DAN BEGAN ATTORNEY AT LAW 1300 MARKET ST., SUITE I LEMOYNE, PA 17043 (717) 717-4433 l )AN_I:IA,'GAN@('OMCAST.NE'1` Lori Webber, Plaintiff V. Daniel Webber, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-4445 CIVIL IN DIVORCE Previously assigned to Hon. M.L. Ebert, Jr. PLAINTIFF'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE Plaintiff, Lori Webber, through her undersigned attorney, respectfully moves this Court to make absolute the rule to show cause that was issued in the above-captioned matter on December 18, 2006, and in support thereof states as follows: 1. Plaintiff filed "Plaintiff's Motion for Sanctions Against Defendant for Defendant's Failure to Answer Plaintiff's First Set of Interrogatories to Defendant" [hereinafter "Plaintiff's Discovery Motion"] on December 13, 2006. Plaintiff's attorney mailed a copy of Plaintiff's Discovery Motion to Defendant. Because Defendant is appearing pro se, Plaintiff's attorney mailed the motion to Defendant at his home address. 2. By Order issued December 18, 2006, this Court issued a rule on Defendant, Daniel Webber, to show cause "why the relief requested [in Plaintiff's Discovery Motion] should not be granted." 3. The face of the December 18, 2006, order indicates that this Court mailed a copy of the order to Defendant at his home address. ?- a 4. Defendant has failed to respond to Plaintiff's Discovery Motion and this Court's December 18, 2006, order. WHEREFORE, Plaintiff, Lori Webber, requests that this Court make the rule to show cause absolute and order Defendant to deliver answers to Plaintiff's interrogatories within ten (10) days or suffer appropriate sanctions to be imposed upon further application to the Court. Respectfully submitted, Dated: January 13, 2007 DAN REGAN Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 Attorney for Lori Webber, Plaintiff -2 - Lori Webber, Plaintiff V. Daniel Webber, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-4445 CIVIL IN DIVORCE CERTIFICATE OF SERVICE I, Dan Regan, certify that I have this day served a true and correct copy of the foregoing document by first class mail, addressed as follows, upon: Daniel Webber Apartment B 502 Bridge Street New Cumberland, PA 17070 DAN REGAN Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 Dated: January 13, 2007 Lori Webber, ) Plaintiff ) V. ) Daniel Webber, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-4445 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this Z" day of January, 2007, upon consideration of the Plaintiff's Motion for sanctions against Defendant for Defendant's failure to answer Plaintiff's interrogatories, and the Court having previously issued an Order upon the Defendant to answer the said Motion on or before January 8, 2007, and further that the Defendant failed to answer: IT IS HEREBY ORDERED AND DIRECTED that the Rule issued upon the Defendant by Order of Court dated December 18, 2006, is made absolute and the Defendant is hereby ordered to deliver answers to Plaintiff's interrogatories to counsel for Plaintiff no later than ten (10) days after the date of this Order or suffer appropriate sanctions to be imposed upon further application to the Court. By the Court, ,v\ I M.L. Ebert, Jr. J. For the Plaintiff, Dan Regan, Esq. 1300 Market Street, Suite 1 Lemoyne, PA 17043 For the Defendant: c ce lk? a 2 -n Daniel Webber, pro se Apartment B 502 Bridge Street New Cumberland, PA 17070 "S1 _ t 0 \? fry . `,L, 4f,rA1 .i:',i.; ? '•:1 ti "1? Z I :,) 11,PY 22 N I r LOOZ ]-lHi JO ..1,.!H.?,.,;1_(ID-7 `.# Prepared By: DAN REGAN ATTORNEY AT LAW 1300 MARKET ST., SUITE 1 LEMOYNE, PA 17043 (717) 737-4433 DAN_REGAN@C OMCA ST. NET Lori Webber, Plaintiff V. Daniel Webber, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-4445 CIVIL IN DIVORCE Plaintiff's Motion for Sanctions Against Defendant for Failure to Obey Discovery Orders Plaintiff, Lori Webber, through her undersigned counsel, hereby moves this Court to enter an order, pursuant to Pa.R.C.P. No. 4019(c) and (g), imposing sanctions upon Defendant, Daniel Webber, for his failure to obey the Court's orders to provide discovery. In support of this motion Plaintiff avers as follows: 1. On October 17, 2006, Plaintiff's counsel sent Plaintiff's first set of interrogatories to Defendant. As Defendant continues to appear in this case pro se, Plaintiff's counsel sent one copy of these interrogatories via certified mail and one copy via regular mail. As with every other document prepared by Plaintiff to date, Defendant refused to accept his certified mail. However, the copy sent via regular mail was not returned, and service is therefore presumed as a matter of law. 2. By letter dated November 21, 2006, Plaintiff's counsel sent Defendant a letter notifying him that his responses were overdue, and that a motion would be filed if answers were not transmitted on or before November 30, 2006. 3. On December 13, 2006, Plaintiff filed a motion for sanctions against Defendant for his failure to answer Plaintiff's interrogatories. 4. On December 18, 2006, the Court entered an order issuing a rule upon Defendant to show cause why Plaintiff's request for relief should not be granted. Defendant was ordered to respond to the Court's order by January 8, 2007. 5. Defendant did not respond to the Court's order within the allotted time, and on January 12, 2007, Plaintiff filed a motion to make rule absolute. 6. On January 22, 2007, the Court issued an order making the rule absolute and ordering Defendant "to deliver answers to Plaintiff's interrogatories to counsel for Plaintiff within ten (10) days after the date of this Order or suffer appropriate sanctions to be imposed upon further application to the Court." 7. Defendant did not respond as ordered, and this failure constitutes willful and direct disobedience of the Court's December 18th and January 22"d orders, as well as the Pennsylvania Rules of Civil Procedure. By virtue of Defendant's failure to comply, Plaintiff has been unable to secure important evidence and documents essential to the proof of her case. Plaintiff has been prejudiced as a result. 8. Defendant's refusal to answer Plaintiff's interrogatories and the Court's two discovery orders marks only the latest manifestation of Defendant's contemptuous and dilatory refusal to engage this litigation at any level. In addition to her interrogatories, Plaintiff has filed seven separate pleadings in this case - the divorce complaint, a petition for an injunction, a motion to amend her complaint, two motions to make rule absolute, and two motions for sanctions. There have also been three Court orders directing Defendant to submit responses. Eleven items in all, and Defendant has not responded to any of them. 9. Plaintiff can only surmise that Defendant's tactics reflect his desire to belittle her and erode her resolve to pursue her rights under the Divorce Code. Whatever his motives, -2 - t Defendant's actions have needlessly delayed the resolution of this case and forced Plaintiff to incur counsel fees in excess of what otherwise would be reasonable and necessary. 10. Plaintiff's proposed sanctions are detailed in the paragraphs that follow. The sanctions are intended not only to respond to Defendant's refusal to permit discovery, but also to assure Defendant that continued refusal to engage this litigation will come at a steep price. SPECIFIC SANCTIONS BY INTERROGATORY UNDER RULE 4019(c) 11. Interrogatory 1(b): Defendant has declined to confirm his current address and he continues to appear pro se. As a result, Plaintiff has had to serve many of her pleadings by sending one copy via certified mail (which is never claimed) and a second copy via regular mail. Plaintiff proposes the Court rule that all further service upon Defendant may be by regular mail sent to his current home address (Apartment B, 502 Bridge Street, New Cumberland, Pennsylvania) or, in the event Defendant retains an attorney, by regular mail sent to his attorney's address. Should Defendant change his home address, he shall bear the burden of notifying Plaintiff and the Court. Service via certified mail shall not be necessary going forward. 12. Interrogatory 3: One of the main marital assets in this case is the pension Defendant will be receiving from the Harrisburg Police Department. Plaintiff sought information regarding Defendant's employment record to assess the possible impact of adverse employment actions on Defendant's pension. If Plaintiff tried to obtain this information herself, she would likely be denied on grounds that the information concerns a confidential, personnel matter. Plaintiff would also be forced to bear the expense of obtaining this information. Plaintiff proposes the Court authorize Plaintiff and her counsel to obtain this information, rule expressly that Defendant has waived any right to confidentiality, and direct the Harrisburg Police Department to provide the requested information. 13. Interrogatory 4. Plaintiff seeks the basic information necessary to assess what portion of Defendant's pension is marital property subject to equitable distribution. As with -3 - Defendant's employment history, Plaintiff's cannot obtain this information herself because of confidentiality concerns. Plaintiff proposes the Court authorize Plaintiff and her counsel to obtain this information, rule expressly that Defendant has waived any right to confidentiality, and direct the administrator of the Harrisburg Police Department's pension plan to provide the requested information. 14. Interrogatory 5. Plaintiff seeks information concerning Defendant's "side income" from accident investigation and other off-duty activities. Defendant simply refuses to answer, and the matter remains open (perhaps with Defendant hoping the question will simply go away). Plaintiff proposes the Court rule that for purposes of calculating spousal support, alimony pendente lite and alimony Defendant is deemed to have self-employment of income of $10,000 per year and a demonstrated earning capacity of $10,000 per year in self-employment income. 15. Interrogatory 6. In Paragraph 19 of her divorce complaint, Plaintiff notes that immediately prior to filing she became aware of an $18,000 judgment against her in Capital Monrach Corp. v. Webber, a Cumberland County collection suit concerning a "joint" credit card that Defendant obtained using Plaintiff's name and used for his own purposes without Plaintiff's knowledge or consent. Interrogatory 6 asked, in essence, whether there were any other lawsuits like this one. In refusing to answer, Defendant leaves Plaintiff with no basis for knowing whether she is currently exposed to other lawsuits involving matters she does not know about. Plaintiff therefore proposes a monetary sanction of $500 due immediately (and payable within ten days of the issuance of the order) and $100 per day for every day thereafter that Defendant fails to respond. 16. Interrogatory Nos. 7, 16 and 17. In Paragraph 19 of her divorce complaint, Plaintiff notes that during the marriage, and specifically on or about September 5, 2005, Defendant forged Plaintiff's signature on both a "Promissory Note and Security Agreement" and -4 - ti an "Arbitration Agreement," in order to name Plaintiff as co-borrower on a $21,000 auto loan to be paid over six years with interest at an annual percentage rate of 16.99%. Plaintiff had no knowledge of this loan and did not consent to Defendant incurring it. Interrogatory No. 7 inquires about the existence of other debts generally, Interrogatory No. 16 specifically inquires into the financial arrangements surrounding Defendant's other vehicles, and Interrogatory No. 17 asks whether Defendant signed Plaintiff's name on any other loan documents without her permission. In refusing to answer, Defendant leaves Plaintiff with no basis for knowing whether she is currently exposed to other debts involving matters she does not know about. Plaintiff therefore proposes a monetary sanction of $1000 due immediately (and payable within ten days of the issuance of the order) and $100 per day for every day thereafter that Defendant fails to respond. 17. Interrogatory No. 8. In her divorce complaint Plaintiff avers Defendant fraudulently signed Plaintiff's name to the Capital Monarch credit card application and then used the card solely for his own meretricious benefit. Given Defendant's silence, Plaintiff proposes the Court deem these averments admitted. 18. Interrogatory Nos. 9, 10 and 14. Through Interrogatory No. 9 Plaintiff tried to get Defendant to provide an inventory of the marital personal property that remained with Defendant in the marital residence after Plaintiff vacated on November 28, 2005. Interrogatory No. 10 sought details of any sales or other dispositions of marital property. Interrogatory No. 14 sought details regarding marital property that Defendant placed in the hands of others (notably his parents) after the separation. In the face of Defendant's silent defiance, Plaintiff proposes the Court order Defendant to surrender all marital personal property to Plaintiff within fifteen days of the order. Any property that is not surrendered shall be deemed to have been disposed of by Defendant. To the extent Plaintiff incurs costs to independently determine the value of any missing property, such costs would be assessed against Defendant, and Defendant would also -5 - be barred from challenging Plaintiff's determinations by arguing that the value he received was less than the determined value. 19. Interrogatory Nos. 11 and 15. This interrogatory addresses Plaintiff's separate property as Interrogatory Nos. 9, 10 and 14 address marital property. The same sanctions should apply. 20. Interrogatory Nos. 12 and 13. During the marriage Plaintiff received a cash gift of $10,000 and allowed Defendant to place this cash in a jewelry safe at the marital residence. The money ended up missing, and Plaintiff strongly suspects Defendant took this money - her separate property - for his own use. Interrogatory Nos. 12 and 13 were intended to address the missing $10,000, as well as any other missing items of Plaintiff's separate property. Plaintiff proposes the Court deem that Defendant was the only person who knew the combination to the jewelry safe. 21. Interrogatory No. 18. The listed e-mail addresses were found in the hard drive of the parties' home computer along with, in many cases, extended correspondence from Defendant soliciting or arranging trysts. Plaintiff asked to identify the people behind these e-mail addresses so Plaintiff's counsel could interview them. Plaintiff proposes the Court find that Defendant is deemed to have admitted that these addresses belong to women whom Defendant contacted to solicit and then further adulterous relationships. 22. Interrogatory No. 19. Defendant is believed to have had adulterous affairs with each of the women listed, and Plaintiff asked for contact information so her counsel could interview them. Plaintiff proposes the Court find that Defendant is deemed to have admitted that he had adulterous affairs with each of the women listed. 23. Interrogatory Nos. 20, 21 and 22. These interrogatories seek details concerning Defendant's use of marital assets for travel, gifts and payments incident to Defendant's extra-marital affairs. In the face of Defendant's silence, Plaintiff has no reasonable basis to -6 - determine the extent of this activity, or just how much of her marital estate has been siphoned away. Plaintiff proposes the same monetary sanction applicable to Defendant's silence regarding unrevealed lawsuits and fraudulently incurred debts. GENERAL SANCTIONS RECLASSIFICATION OF SPOUSAL SUPPORT AS ALIMONY PENDENTE LITE AND INCREASE IN MONTHLY PAYMENT 24. In an order issued January 30, 2006, the Court affirmed a determination by the Domestic Relations Section awarding Plaintiff spousal support in the amount of $546.00 per month. At the time, Plaintiff understood she and the Defendant would dissolve their marriage on relatively amicable terms, and she would not have to pay extraordinary counsel fees. Time has shown the truth to be quite different. Defendant has incurred no known counsel fees to date, while his intransigence has forced Plaintiff to incur extraordinary fees just to keep this litigation moving forward. If Defendant is going to continue these tactics (and there is no indication to the contrary) he should be made to bear the economic consequences of his actions. 25. As matters currently stand, Plaintiff lacks the resources to pay her reasonable living expenses, measured by her standard of living during the marriage, and her counsel fees, inflated by Defendant's own actions, during the remainder of this litigation. Plaintiff therefore requests the Court direct the Domestic Relations Section to reclassify Defendant's payments to Plaintiff as alimony pendente lite, and to revise the award to $946.00 per month, an increase of $400.00 per month, to reflect the extraordinarily high counsel fees Plaintiff anticipates incurring as a result of Defendant's continued failure to engage this litigation. REQUEST FOR ATTORNEYS FEES UNDER RULE 4019(8) 26. In light of Defendant's continued, willful refusal to respond both to Plaintiff's discovery request (indeed, any of Plaintiff's pleadings) and this Court's prior orders, Plaintiff has -7 - been forced to choose between incurring additional counsel fees and dropping her discovery efforts altogether. Defendant has not offered any justification for his actions: he has declined to engage this litigation in hopes Plaintiff, her discovery request, the Court; indeed, this entire case will somehow just go away. Declining to award attorneys fees would, in effect, award Defendant for his contempt. Plaintiff has incurred $1200 in counsel fees to prepare the November 21, 2006, warning letter; the December 13, 2006, motion for sanctions; the January 12, 2007, motion to make rule absolute; and this pleading. In light of the circumstances, the Court should order Defendant to pay Plaintiff $1200 to reimburse her for these counsel fees. WHEREFORE, Plaintiff respectfully requests the Court enter an order (1) imposing sanctions on Defendant as detailed in the above paragraphs and (2) awarding Plaintiff counsel fees in an amount not less than $1200. Respectfully submitted, DAN REGA Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 Counsel for Plaintiff Lori A. Webber Dated: February 16, 2007 -s - .. Lori Webber, Plaintiff V. Daniel Webber, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-4445 CIVIL IN DIVORCE Previously assigned to Hon. M.L. Ebert, Jr. CERTIFICATE OF SERVICE I, Dan Regan, certify that I have this day served a true and correct copy of the foregoing document by certified mail, return receipt requested, and a true and correct copy of the foregoing document by first class mail, addressed as follows, upon: Daniel Webber Apartment B 502 Bridge Street New Cumberland, PA 17070 DAN REGAN Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 Dated: February 16, 2007 Lro) ? N tV LORI WEBBER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-4445CIVIL CIVIL ACTION - LAW DANIEL WEBBER, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 23`d day of February, 2007, upon consideration of the Plaintiff's Motion for Sanctions Against Defendant for Failure to Obey Discovery Orders, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before March 16, 2007; 3. The Prothonotary is directed to forward said Answer to this Court. 4. A hearing on this matter shall be held on Thursday, April 5, 2007, at 3:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania By the Court, ,?\ -A,, ?a V - M. L. Ebert, Jr., J. Dan Regan, Esquire Attorney for Plaintiff Daniel Webber Defendant Ca eQ r? 7- 0 7 bas Nri r., ,^1 `t eed[ icl 9? • I Ild £Z 833 LOOZ A11G?r ilu'ud 3N1C? qr?j'?`?-Cl ?!l? SHERIFF'S RETURN - REGULAR CASE NO: 2006-04445 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WEBBER LORI VS WEBBER DANIEL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within ORDER OF COURT was served upon WEBBER DANIEL the RESPONDANT , at 1628:00 HOURS, on the 31st day of January-, 2007 at 502 BRIDGE STREET NEW CUMBERLAND, PA 17070 by handing to a true and attested copy of ORDER OF COURT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 44.88 Affidavit .00 Surcharge 10.00 01 Sworn and Subscibed to before me this day of , APT B So Answers: R. Thomas Kline 00/00/0000 By - Deputy Sherif A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-04445 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WEBBER LORI VS WEBBER DANIEL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within ORDER OF COURT was served upon WEBBER DANIEL the RESPONDANT , at 1736:00 HOURS, on the 1st day of March at 502 BRIDGE STREET APT B NEW CUMBERLAND, PA 17070 by handing to DANIEL WEBBER a true and attested copy of ORDER OF COURT and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 1.00 166.32 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 ? gi071111 44.32 00/00/0000 Sworn and Subscibed to before me this of day together with 2007 By: A. D. Sheriff LORI WEBBER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DANIEL WEBBER, DEFENDANT NO. 06-4445 CIVIL ORDER OF COURT AND NOW, this 9th day of April, 2007, the Defendant having voluntarily ppeared this date, the Bench Warrant issued on April 5, 2007 is VACATED. IT IS HEREBY ORDERED AND DIRECTED that the Defendant appear for a hearing on the Plaintiff's Petition for Contempt on Monday, April 23, 2007 at 1:3p p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvan By the Court, M. L. Ebert, Jr., Daniel Regan, Esquire q. 03 Attorney for Plaintiff Daniel Webber Mr, Defendant 140,14 j&J'L'o- 1 y1Rl o--) Cumberland County Sheriff -cAfyy ; bas 60 •01 V 6- 'I V LOOZ 1\il ? ti s:7i i? i -jf i OIL. % LORI WEBBER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 06-4445 CIVIL TERM DANIEL WEBBER, CIVIL ACTION - LAW Defendant IN DIVORCE IN RE: CONTEMPT OF COURT ORDER OF COURT AND NOW, this 23rd day of April, 2007, this being the time and place set for a hearing on determination of defendant's contempt for failure to comply with previous Orders of Court, after hearing the Court does find beyond a reasonable doubt that the defendant has failed to comply with the court orders and he is adjudicated in contempt. Sentence of the court is that the defendant pay a fine of $1500.00 to the plaintiff, Lori Webber, on or before May 15, 2007. This fine is imposed as remedial punishment and will be payable through the plaintiff's attorney, Dan Regan, Esquire. Additionally, the defendant shall provide answers to all interrogatories currently posed to him by the plaintiff on or before the close of business on May 11, 2007. Given the defendant's delay and failure to respond to the Court's previous orders, the Court will entertain no objections to any and all of the interrogatories presently posed to the defendant. Should the defendant fail to provide the answers to the interrogatories on or before the close of business on May 11, 2007, he will commit AL Webber V Webber 06-4445 Civil Term Page 2 himself to the Cumberland County Prison on or before 9:00 a.m., on May 12, 2007, and remain there until further order of Court. As a condition of purge of this jail sentence, he shall answer all interrogatories currently filed by the plaintiff. By the Court, 1* M. L. E-? ?-4 bert, Jr., J. An Regan, Esquire For the Plaintiff .aniel Webber, Defendant 502 Bridge St., Apartment B New Cumberland, Pa. 17070^ :mtf J CAP 90.010 SZ 88V LOOZ At`,IiO? av a ?:: mjHi ?0 DAN REGAN ATTORNEY AT LAW 1300 MARKET ST., SUITE 1 LEMOYNE, PA 17043 (717) 737-4433 DAN_REGAN@C OM CAST. NET Lori Webber, Plaintiff V. Daniel Webber, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-4445 CIVIL IN DIVORCE Previously assigned to Hon. M.L. Ebert, Jr. PRAECIPE TO SETTLE AND DISCONTINUE MATTER TO MR. CURTIS R. LONG, PROTHONOTARY: Please mark this docket settled and discontinue the above-captioned matter. Respectfully submitted, DAN REGAN 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 Pa. Lic. No. 72461 Counsel for Complainant, Lori Webber ra - ?J iz ?? 4 !-