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Home My WebLink About02-2682 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF COLLEEN DORSEY, Plaintiff VERSUS CHRISTOPHER DOMINOSKI, Defendant . . . AND NOW, . DECREED THAT COLLRRN DORSEY PEN NA. NO, 02-2682 CIVIL TERM DECREE IN DIVORCE . ?J ,200~ IT IS ORDERED AND , PLAINTIFF, . AND CHRISTOPHER DOMINOSKI , DEFENDANT, . ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF REC.~R~IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; \\N"'e All issues previously raised in this case have issues are outstanding. /-" . . . I and no . J. ATIEST'~~ ROTHONOTARY . .~ ~ /p....".. ~ ?r? ?~ ~ ,b.,2 ~..~ ~ ~ ""?'O . , . ~. '"' ~ ~:,...',..' ,,II ~ . . ... ~. r ~, ),:f\ >. Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie J.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff COLLEEN E. DORSEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Q.7- ~~.;t. CIVIL TERM v. CIVIL ACTION - LAW CHRISTOPHER E. DOMINOSKI, IN DIVORCE Defendant 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 pages by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie J.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ . ~41',,-- CIVIL TERM CIVIL ACTION - LAW COLLEEN E. DORSEY, v. CHRISTOPHER E. DOMINOSKI, IN DIVORCE Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(r;) OR 3301(cf) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Colleen E. Dorsey, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Christopher E. Dominoski: 1. The Plaintiff is Colleen E. Dorsey, an adult individual, residing at 4275 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Christopher E. Dominoski, an adult individual, residing at 125 Dorsey Lane, Dillsburg, York County, Pennsylvania, 3. The Plaintiff and Defendant were married on May 5,2001, in Longboat Key, Florida.. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7, The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling, WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce under Section 3301 (c) of the Divorce Code. COUNT 11- EQUITABLE DISTRIBUTION 8. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 7 inclusive. of the Complaint as if the same were set forth herein at length. 9. Plaintiff and Defendant have legally and beneficially acquired certain real and personal property during their marriage. ~ WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property. COUNT 11I- SPOUSAL SUPPORT. ALIMONY/ALIMONY PENDENTE LITE 10. The Plaintiff incorporates herein by reference. the allegations set forth in Paragraphs 1 through 9 inclusive of the Complaint as if the same were set forth herein at length. 11. The Plaintiff has insufficient income and assets to provide for her needs. 12. The Defendant has a monthly income well in excess of that of Plaintiff, WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter an award of spousal support/alimony pendente lite until final hearing and alimony thereafter. JOHNSON, DUFFIE, STEWART & W Mark C. Duffie :151957 VERIFICA TlON I verify that the statements made in this Divorce Complaint are true and correct to the best of my knowledge. information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A ~4904. relating to unsworn falsification to authorities. Date: Ch4d2- ~~--- Colleen E. Dorsey Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie LD. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff COLLEEN E. DORSEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. Od. - CIVIL TERM v. CIVIL ACTION - LAW CHRISTOPHER E. DOMINOSKI, IN DIVORCE Defendant AFFIDA VlT COLLEEN E. DORSEY, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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: 5/!>'~:3- ~ . . ':>- ('I '>- tr: ,'- t--; 1 l f ~:tr ~(): ~ ~ -Qat Q___ Cj q ~~ g..... ~ lJ)V) "Rr t ~~~\ 'b,. '7 c:J C': .'~~ ~0 - l..._'._1- l."... C") I \ -::-J ~ -)O,~ ,-(l) -, 1 =;~; .:jilJ ..CL 1J ()I ..... ~:.;I ..~:;. ~) t,: C",", () C) CJ Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie l.D, No, 75906 301 Market Street p, O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff COLLEEN E. DORSEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-2682 Civil Term v. CIVIL ACTION - LAW CHRISTOPHER E. DOMINOSKI, IN DIVORCE Defendant ACCEPTANCE OF SERVICE I, Max J. Smith, Jr., Esquire, attorney for Defendant Christopher E. Dominoski in the above-captioned action, hereby accept service of the Divorce Complaint on behalf of the Defendant, and certify that I am authorized to do so. Date: ~11\t. \ ,\, 1Jl ol- ON NELL Y, LLP By: :159 ~I-., ____~ ."...,--. ~ ::.~ .J -~ c.'.) , . ~-, S! :iJ -< en Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff COLLEEN E. DORSEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-2682 Civil Term v. CIVIL ACTION - LAW CHRISTOPHER E. DOMINOSKI, IN DIVORCE Defendant PRAECIPE TO WITHDRAW APPEARANCE AND NOW, this :l'i....... day of June 2002, kindly withdraw the appearance of the undersigned on behalf of the Plaintiff, Colleen E. Dorsey. NER PRAECIPE TO ENTER APPEARANCE AND NOW, this .2.5'" day of June 2002, enter the appearance of the undersigned on behalf of the Plaintiff, Colleen E. Dorsey. By: 7 S' gq1 : 159572 -~ 0 N "cr, c::: ,... r::) :'L) ,J --, -t~'. ~::J -< ()"l - " COLLEEN E. DORSEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO, 02-2682 CIVIL TERM CHRISTOPHER E. DOMINOSKI, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE AND NOW COMES the Defendant, CHRISTOPHER E, DOMINOSKI, by his attor- ney, MAX J, SMITH, JR., Esquire, and respectfully Answers the plaintiffs Complaint as follows: 1.-5, Admitted, 6, Denied, It is denied that the marriage is in-etrievably broken as required by Section 3301(c) of the Divorce Code. 7, Admitted, COUNT II EOUITABLE DISTRIBUTION 8, Neither admitted nor denied, as no response is required. 9, Admitted, By way of further response, since a divorce is not warranted at this time, it is premature for the court to equitably divide the marital assets of the parties. .. COUNT III SPOUSAL SUPPORT, ALIMONY/ALIMONY PENDENTE LITE 10, Neither admitted nor denied, as no response is required, 11, Denied. Plaintiff is gainfully employed and has sufficient assets to provide for her reasonable needs. 12, Denied, Defendant is without knowledge of the truth of this averment, and strict proof thereof is demanded. WHEREFORE, Defendant prays this Honorable Court to: (a) deny Plaintiffs request for a divorce pursuant to Section 3301(c) or 3001(d) of the Pennsylvania Divorce Code; (b) equitably divide the marital property remaining between the parties, at such time is appropriate; (c) deny Plaintiffs request for spousal support, alimony/alimony pendente lite; (d) deny any and all other relief which has been requested by Plaintiff; and (e) order such further relief as the Court may determine equitable and just. Respectfully submitted, Date: August -3.-, 2002 !t!ll!l~quHe I.D, No. 32114 JARAD W. HANDElMAN, Esquire I.D, No, 82629 James, Smith, Dw'kin & Connelly LLP P,O, Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Answer 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, ~/r2.g CHRISTOPHER E. DOMINOSKI COLLEEN E. DORSEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 02-2682 CIVIL TERM CHRISTOPHER E. DOMINOSKI, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this ~ day of August, 2002, I, MAX 1. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Defendant' s Answer to Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Cindy L. Koser, Esquire 4810 Derry Street Harrisburg, P A 17111 MAX~~j James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 Q C' c.. rv ;-~ J:lIt ~ ~)~ r-- {II.., S1 -""', , Z{- ~3 ~--: 'D C-~:C ~.-: ,- ce. ( /.~ , - ~:..:: 'L< :".) ==~ :.t1 -( (,) o "-il ..,. ~ ;-~ ?~ ,,1'1 ,0 , L ,(,J ~b C) /:",rn :.~:..~ :~o -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLEEN DORSEY, Plaintiff NO. 02-2682 CIVIL ACTION - LAW V, IN DIVORCE CHRISTOPHER DOMINOSKI, Defendant PRAECIPE TO ENTER APP]~ARANCE TO THE PROTHONOTARY OF THE SAID COURT: Please enter the appearance of Diane G, Radcliff, Esquire, as attorney for the Plaintiff, Colleen Dorsey, in the above captioned matter, Respectfully submitted, / () 0 0 ~ N -q -of} 0 -"f ''''1 "~', ::Q en rr , C"') 2:"1::. . <r;" w ~,'~Ej (/) ~~~ , i ;:Se (:1 ~ - -rJ -,OJ ',;:- -1'1 ~C ...;, .- -r"', '~:;r .... ... ,,-Cl '>? cSrr, ";>f;' ~ ~3 l'...) .:b -... r,.:, -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLEEN DORSEY, Plaintiff NO. 02-2682 CIVIL ACTION - LAW V. IN DIVORCE CHRISTOPHER DOMINOSKI, Defendant P ACSES NO. PETITION FOR ORDER OF ALIMONY PENDENTE LITE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, this ~ day of December, 2002, comes the Petitioner, Colleen Dorsey, and files the this Petition for Alimony Pendent Lite and respectfully represents that: 1. The Petitioner, Colleen Dorsey, is an adult individual residing at 4275 Nantucket Drive, Mechanicsburg, Cumberland County, P A 17050, and is the Plaintiff in the above captioned divorce action, 2. The Respondent, Christopher Dominoski, is an adult individual residing at 125 Dorsey Lane, Dillsburg, York County, PA 17019, and is the Defend,mt in the above captioned divorce action. 3. Petitioner and Respondent were married on May 5, 2001, at Sarasota, Long Boat Key, Florida and separated the first week of April, 2002, 4. Respondent has not sufficiently provided support for th~: Petitioner. 5. Petitioner is not on a financial par with Respondent in prosecuting and/or defending this Divorce Action, and is unable to support herself in accordance with the standard ofliving established during the marriage. 6. The within action was instituted by the filing of a Divorce Complaint by the Plaintiff, Colleen Dorsey, on June 3, 2002. 7. In the Divorce Complaint filed on June 3, 2002, Petitioner raised a claim for Alimony Pendente Lite. - 1 - 8. This Petition is filed to secure the entry of an order awarding Alimony Pendente Lite to the Petitioner, 9. A background information sheet pertaining to this claim for Alimony Pendente Lite is being filed with Domestic Relations concurrently herewith as: required by Local Rules of Court. 10. The amount of Alimony Pendente Lite requested by the Petitioner is the maximum amount provided for under the guidelines. WHEREFORE, Petitioner prays that the Court enter an Order: a. Requiring the Respondent to pay the Petitioner Alimony Pendente Lite in the maximum amount provided for by law under the state support guidelines; b. Requiring the Respondent to provide medical insurance and support for the Petitioner. Respectfully submitted, ~k ~I CLIFF, ESQUIRE 3448 Trindle oad . , A 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0695 Attorney for Petitioner - 2 - VERIFICATIOl'~ I verify that the statements made in this Petition for Order of Alimony Pendent Lite 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. &M~ COLLEEN DORSEY DATE: ~/O{)... - 3 - a Cl 0 ~ c f',,) -rj ? a ""Of:!; r-" "'I'} Qlr" c') z-. oT.).'.' -:? ,--- t (,0 ~~- W -/- ,L r-- ,--, <::-"-.' -T.:) )~I~) ~~() N <,,,) Pc:,: -, ~ Z -"V -'1". ~ :0 (".) -< l::::,.. ~ COLLEEN DORSEY, P1aintiIDPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL~~ 2':: ~- CIVIL ACTION ,. DIVORCE -0 i\ CDr\'. -5::; /.'-~. en _z t;/ VS. - CHlRSTOPHER E. DOMINOSKI, DefendantJRespondent NO. 2002-2682 CIVIL TERM IN DIVORCE (.:.) ~'~"~~-I Pacses# 221105135 YC~, 2" ..:;::\ :..( ORDER OF COURT AND NOW, this 10th day of January, 2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that tht: parties and their respective counsel appear before R.J, Shaddav on Februarv 10. 2003 at 9:00 A.M. for a conference, at 13 N, Hanover St., Carlisle, P A 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered, YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax RetU!m, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.1l@ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Georgc~ E, Hoffer, President Judge Mail copies on 1-10-03 to: Petitioner < Respondent Max Smith, Esquire Diane Radcliff, Esquire :,' /1 : / J .. ,__.f . j" R. t Shadday, Conference Officer / I' A ,.,/ j /.1 / "if I A /_".,/ C", ,/' ".e(l, , '. .' '--. '-, ' '- /. . "-/ .' ""'~...,.,.('''~..,~...... " Date of Order: January 10, 2003 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VB, CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 .-\ --:1 _T..!' --"-'" r::- - (? Df-f{C COLLEEN DORSEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 02-2682 CHRISTOPHER DOMINO SKI, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S ANSWER TO PETITION FOR ORDER OF ALIMONY PENDENTE LITE AND NOW COMES the Defendant, CHRISTOPHER DOMINO SKI, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully replies to Plaintiff's Petition as follows: 1.-3. Admitted. 4. Denied. Plaintiff is not entitled to support from Defendant as a matter of law. 5. Denied. Plaintiff is gainfully employed and has sufficient assets to support herself and provide for her reasonable needs. Defendant has been "laid off" by his employer and his sole source of income is unemployment compensation. 6.-7, Admitted. By way of further response, Plaintiff is not entitled to alimony pendente lite as a matter of law. 8. Denied. Defendant is without knowledge as to the truth of this averment and strict proof thereof is demanded. 9. Admitted. By way of further response Plaintiff is not entitled to alimony pendente lite. 10. Denied. Plaintiff is not entitled to alimony pendente lite as a matter of law. I verify that the statements made in this Answer 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. A ~ ~~-~ CHRISTOPHER E. DOMINOSKI ... ... COLLEEN DORSEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 02-2682 CHRISTOPHER DOMINO SKI, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 31 st day of January, 2003, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Defendant's Answer to Petition for Order of Alimony Pendente Lite by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Diane G. Radcliff, Esquire 3448 Toodle Road Camp Hill, PA 17011 1 MAX J. SMITH, JR., Es uire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D, No. 82629 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 .... (') c: :;:,," -o\~ti rnni 2"'::'-'~ i<\c~ ::'<. :'.:' ~c.., '~(--.~ ,..-(j yo l:::'':'' Z :~ I J o uJ c_ )'P Z w ;. o ---'n -r~ ~2J. t_-;... --:0 :J' .)<~~~ ,-' "" ~\ 'J:;>' ~ ~~ ::> (J1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLEEN DORSEY, Plaintiff NO. 02-2682 CIVIL ACTION - LAW V. IN DIVORCE CHRISTOPHER DOMINOSKI, Defendant PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY OF THE SAID COURT: Please withdraw the appearance of Cindy L. Koser, Esquire, as attorney for the Plaintiff, Colleen Dorsey, in the above captioned matter. Respectfully submitted, ) ,f~ i, . , [/lA_---.z. CINDY L.KO ER, ESQUIRE 4810 DerfY Street . ! Harrisbm\g,," PA 17111 (717) 564-1084 (/ J.D. No. 7S- 6 '7} (') ~ '" -00'; mrT'!. Z"""1 z~:' ~/? ~c )::::,,_....., z'-J >2 ~ o W .." fT1 co '0" W o -n r~ j~ ~.~) ("5 ;:::.)'rT1 :::... 53 -< -0 -- ....... i;? :.n .-J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLEEN DORSEY, Plaintiff NO, 02-2682 PACSES NO 551105105 V. CIVIL ACTION - LAW CHRISTOPHER DOMINOSKI, Defendant DIVORCE APPEAL OF COURT ORDER AND REQUEST FOR DE NOVO HEARING DATE OF ORDER: February 10,2003 AMOUNT OF ORDER: $0,00. Request for APL denied. SUPPORT FOR: APL for Wife, Colleen Dorsey LAST DAY TO FILE: March 13, 2003 PERSON FILING APPEAL: Plaintiff, Colleen Dorsey REASONS FOR APPEAL: 1, Domestic Relations erroneously failed to assign Defendant an earning capacity; 2. Domestic Relations erroneously assigned Plaintiff an earning capacity; 3. Domestic Relations erroneously failed to award Plaintiff APL. SIGNATURE OF ATTORNEY/APPELLANT: ~ eLI F, ESQUIRE LE ROAD , PA 17011 PHONE: (7 ?) 73 }-O 1 00 DATE: ~~ 12. 6.3 I I CERTIFICATE OF SERVICE I, DIANE G, RADCLIFF, ESQUIRE, hereby certify that on .::z I. 3!o:!::.> -0fl I I served a true and correct copy of the foregoing Appeal upon the following person, by mailing same by first class mail, postage prepaid, addressed as follows: Max J. Smith, Jr., Esquire P.O. Box 650 Hershey, PA 17033 Respectfully submitted, c::--- ~ ~ ! ~~ E G. ""LIFF, ESQUIRE ad Camp Hill, P A 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 LL.. o ...:J ;?: ~<( .-)2 ) .<r:: ~-.) :=J y>- -.<~ --;....r'_ 'j':.;:: LiLU ~;~:l a.. :5 o co :!: ""'-<: (',J c:.:: '!'t':-': "1;-..,..... -L "j c:> V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION COLLEEN E. DORSEY, Plaintiff CHRISTOPHER E. DOMINOSKI,: PACSES NO, 402105184 Defendant No. 35 SUPPORT 2003 V, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION COLLEEN E. DORSEY, Plaintiff CHRISTOPHER E. DOMINOSKI,: PACSES NO. 551105105 Defendant : No. 1099 SUPPORT 2002 V, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION COLLEEN E. DORSEY, Plaintiff CHRISTOPHER E. DOMINOSKI,: PACSES NO. 221105135 Defendant : DOCKET 2002-2682 CIVIL INTERIM ORDER OF COURT AND NOW, this 15th day of May, 2003, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. In the case docketed to 35 Support 2003 the Defendant shall pay to the State Collection and Disbursement Unit for transmission to the Plaintiff as support for his child, Joceyln 1. Dorsey, born December 20, 2002, the sum of $610.00 per month. B. The Defendant shall pay 59% of the unreimbursed medical expenses incurred by said child as thatterm is defined in Pa. R.C,P. 1910.16-6(c), The Plaintiff shall pay the balance of said expenses, C. The Defendant shall pay the additional sum of $24.00 per month on arrearages until paid in full. D. The effective date of this child support order is January 13, 2003. 0[5) g "'IINV/17/\S;\ff,Pri I IA'nr',) n, ,. "" :::! ~ /\.r, JJ i'..J,. J",,' /-""..~",~'-1l/)~ .,., ~f 'V i U :'7 ).,l:./VL. ."- J .., ': i~ ~/ :,4 E. Except as modified herein the order of February 10, 2003 shall remain in full force and effect. F. In the case docketed to 1099 Support 2002, the Plaintiff's complaint for spousal support is deemed withdrawn. G, In the case docketed to 2002-2682 Civil, the Plaintiff's claim for alimony pendente lite is dismissed without prejudice, The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order, Exceptions shall conform with the requirements of Rul,e 1910,12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions, If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order, 7~rt' /9> 4.. Kevin A. Hess, J. Cc: Colleen E. Dorsey Christopher E. Dominoski Diane G, Radcliff, Esquire For the Plaintiff Max J. Smith, Jr., Esquire For the Defendant DRO COLLEEN E. DORSEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION CHRISTOPHER E. DOMINOSKI,: PACSES NO, 402105184 Defendant No, 35 SUPPORT 2003 V, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION COLLEEN E. DORSEY, Plaintiff CHRISTOPHER E. DOMINOSKI,: PACSES NO, 551105105 Defendant No. 1099 SUPPORT 2002 V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION COLLEEN E. DORSEY, Plaintiff CHRISTOPHER E. DOMINOSKI,: PACSES NO. 2211105135 Defendant : DOCKET 2002-2682 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on May 13, 2003, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff in all three of the above-captioned actions is Colleen E. Dorsey, who resides at 4275 Nantucket Drive, Mechanicsburg, Pennsylvania, 2, The Defendant in all actions is Christopher E. 1J0minoski, who resides at 125 Dorsey Lane, Dillsburg, Pennsylvania, 3. The parties are husband and wife, having married on May 5, 2001. 4, The parties are the parents of one minor child, Joceyln T. Dorsey, born December 20, 2002. 0E6)) 5. The parties resided together from May, 1998 until April, 2002 when the Plaintiff left the marital residence. 6. On June 3, 2002 the Plaintiff filed a complaint in divorce docketed to 2002- 2682 Civil. 7. On December 10,2002 the Plaintiff filed an action for a spousal support docketed to 1099 Support 2002. 8. On December 13, 2002 the Plaintiff filed a claim for alimony pendente lite in the divorce action. 9. On January 13, 2003 the Plaintiff filed a complaint for child support docketed to 35 Support 2003. 10, The Plaintiff is a college graduate who is certified in massage therapy and is licensed in skin care and nail care, 11. The Plaintiff is the owner of a salon doing business as A Special Touch, and also is the owner of a subchapter S corporation engaged in the personal cosmetics business. The salon is a sole proprietorship. 12, The Plaintiff was an employee of the salon's prior owner before purchasing both businesses in September, 2000. 13, The Plaintiff earned approximately $28,000.00 per year as an employee of the salon prior to the purchase, 14. Since the purchase of the salon the Plaintiff's annual income has been drastically reduced. 15.ln 2001 the Plaintiff's business operated at a loss. 16.ln 2002 the Plaintiff had pre-tax profit from the business of $5,082,00, but in arriving at that figure took a depreciation expense for items placed in service in prior years of $7,855.00. 17, The Plaintiff takes the child to the salon during the work day and has no child care expense. 18. The Plaintiff files her federal tax return as head of household and claims the child as a dependency exemption. 19. The Plaintiff pays $402.00 per month for health insurance benefits covering herself and the child, 20. The Plaintiff resides in the home of another woman with whom she is romantically involved. 21. The Defendant was employed in sales and as a manager for United Rental until February, 2002. 22, The Defendant's annual salary at United Rental was $42,000,00, 23,ln February, 2002 the Defendant voluntarily quit United Rental to work for Creative Exteriors, a company involved in landscaping and installation of irrigation systems. 24. The Defendant's annual salary at Creative Exteriors was $46,000,00, 25. The Defendant was laid off by Creative Exteriors in November, 2002 due to inclement weather, 26, The Defendant has received unemployment compensation benefits of $398.00 per week. 27, The Defendant has attempted to find employment with income comparable to that which he received at United Rental and Creative Exteriors, but he has been unsuccessful. 28. The only position the Defendant found had a maximum annual income of $22,000.00. 29. The Defendant has elected to become self-employed as a sales representative for several companies where his income will be based upon commission only, . 30, The Defendant has started work in his self-employed capacity but has yet to receive commissions. 31. The Defendant hopes to earn an annual income in the range of $30,000,00 to $35,000.00 in his new business. 32. The Defendant is residing with a woman whom he met after the Plaintiff left the marital residence. 33.Although this woman has loaned the Defendant money, she does not contribute to the household expenses. 34. The Defendant files his federal tax return as married/separate, DISCUSSION Both parents must contribute to the support of their child in accordance with their relative incomes and ability to pay. Depp v. Holland, 636 A.2d, 204 (Pa. Super. 1994). In determining a party's ability to pay support for a child, the focus is on the party's earning capacity not on his or her actual earnings. Mooney v. Doubt, 766 A.2d. 1271 (Pa. Super. 2001), Earning capacity is not the amount which a party can theoretically earn, but rather an amount which the party can realistically earn under the circumstances considering his or her age, health, physical and mental condition and training. Riley v. Foley, 783 A.2d. 807 (Pa. Super. 2001). The Plaintiff in this case has marketable job skills. She is a certified massage therapist and is licensed in both skin care and nail care. As an employee of several businesses she has earned annual income in the range of $24,000.00 to $28,000.00 per year, While the parties were residing together, but before they were married and before the birth of the child, an opportunity arose for the Plaintiff to purchase the salon in which she was working at the time, She and the Defendant discussed the matter, and the decision was made to purchase the business. This resulted in a drastic reduction in the Plaintiff's income, In the first full year of operation, the business operated at a loss. In the second year the business showed a profit. The Plaintiff has expectations that the business will prosper. A review of her 2002 federal tax return shows a profit of $5,082.00 from the salon with a depreciation deduction of $7,855.00 for purchases made in prior years. Depreciation expenses allowed under the federal tax law are not automatically deducted from gross income for purposes of determining support; rather depreciation expenses should be deducted from gross income only where they reflect actual reductions in personal income of the party, McAuliffe v.McAuliffe, 613 A.2d. 20 (Pa, Super, 1992); Labar v. Labar, 731 A.2d. 1252 (Pa. 1999). The deduction for depreciation for assets purchased in prior years will be added back to the Plaintiff's 2002 income for support purposes. She will be given gross annual earnings of $12,937.00, or $1 ,078.00 per month.1 Although the Plaintiff by her own testimony admitted that she could again earn as much as $28,000.00 per year, to do so would require her to face legal consequences related to the purchase of her business, For the present time, this Master elects to utilize her actual earnings in calculating the Defendant's support obligation, I The tax loss of $444 shown by the subchapter S corporation will not be factored into the support calculation. Filing her federal tax return as head of household and claiming the child as a dependency exemption, with net monthly pre-tax profits from self- employment of $1 ,078,00, the Plaintiff has net monthly income of $1 ,079.00,2 The Defendant has been receiving unemployment compensation benefits of $398.00 per week since the filing of the Plaintiff's actions, Although he has demonstrated an ability to earn income in the range of $42,000.00 to $46,000,00 per year in the recent past, despite his efforts to find employment with comparable income, he has been unsuccessful.3 It has not been demonstrated that the Defendant has a realistic opportunity to earn his prior salary. Therefore, for the present support calculation, the Defendant's actual earnings from unemployment compensation will be used. Unemployment compensation benefits of $398,00 per week or $1,725.00 per month, with the Defendant filing his federal tax return as married/separate, result in a net monthly income of $1 ,579,00.4 With combined net monthly income of $2,659.00, the basic support requirement for one child is $625.00,5 The Defendant's proportionate share of that amount is $371.00. The Plaintiff pays $402,00 per month for health insurance coverage on herself and the child, The Defendant's proportionate share of that cost adds $239,00 to his monthly support obligation resulting in a guideline calculation of support of $610,00 per month.6 A support order calculated pursuant to the guidelines is presumed to be correct, but the presumption may be rebutted by evidence that the guideline amount is unjust or inappropriate under the circumstances of the case. Landis v. Landis, 691 A.2d, 939 (Pa. Super. 1997). Neither party presented evidence that would justify a deviation in the guidelinE~ calculation of child support. Prior to the taking of testimony, the Plaintiff withdrew her claim for spousal support and elected to proceed on her claim for alimony pendente lite alone, The Divorce Code provides that "in proper cases, upon petition, the Court may allow a spouse reasonable alimony pendente lite." 23 Pa. C, S. Section 3702, If an award of alimony pendente lite is warranted, the amount of the award is calculated pursuant to the support guidelines, Little v. Little, 47 Cumberland L.J. 2 See Exhibit "A" for the deductions from and credits to gross income. The Plaintiffs receipt of the earned income credit results in a net income approximately equal to her gross income, The FICA deduction includes self-employment tax. 3 The only position which the Defendant found was a counter sales position with Cleveland Brothers paying a range of $20,000.00 to $22,000.00 per year. Earnings of this amount will result in less net monthly income than the Defendant's current unemployment compensation benefits. 4 See Exhibit "A" for the deductions from gross income, Unemployment compensation benefits are not subject to state or local taxation or FICA. S See Pa. R.C.P, 1910.16-3, 6 See Exhibit "B" for the guideline calculation, 131 (1998). Without discussing the merits of whether an award of alimony pendente lite is justified in this case, it is noted that a calculation of the Defendant's obligation with the incomes and child support as set forth in this Report would not result in a monetary obligation.? Consequently, a recommendation will be made that the Plaintiff's claim for alimony pendente lite be dismissed without prejudice. In the event of changed circumstances in incomes of the parties, the claim may be refiled. RECOMMENDATION A. In the case docketed to 35 Support 2003 the Defendant shall pay to the State Collection and Disbursement Unit for transmission to the Plaintiff as support for his child, Joceyln T. Dorsey, born December 20,2002, the sum of $610,00 per month. B. The Defendant shall pay 59% of the unreimbursed medical expenses incurred by said child as that term is defined in Pa. RC.P, 1910.16-6(c). The Plaintiff shall pay the balance of said expenses. C, The Defendant shall pay the additional sum of $24.00 per month on arrearages until paid in full. D. The effective date of this child support order is January 13, 2003, E. Except as modified herein the order of February 10, 2003 shall remain in full force and effect. F, In the case docketed to 1099 Support 2002, the Plaintiff's complaint for spousal support is deemed withdrawn, G, In the case docketed to 2002-2682 Civil, the Plaintiff's claim for alimony pendente lite is dismissed without prejudice. {\'\~ IS. 2603 Date · I\~ LL~ () Q,-"f'->-, Michael R Rundle Support Master 7 The Defendant's net monthly income of$I,579.00 minus his child support obligation of$61O.00 yields $969.00, an amount less than the Plaintiffs net monthly income of$I,079.00, Utilizing the formula set forth in Pa. R.C,P. 191O,16-4(b) the Defendant would have no monetary obligation. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLEEN DORSEY, Plaintiff NO. 02-2682 CIVIL ACTION - LAW IN DIVORCE V. CHRISTOPHER DOMINOSKI, Defendant NOTICE OF PENDING DIVORCE ACTION AND CLAIM FOR EQUITABLE DISTRIBUTION I, Colleen Dorsey, being duly sworn according to law, deposes and says that: 1. I am the spouse of Christopher Dominoski, having been married on May 1, 2001. 2. I am separated from the said Christopher Dominoski 3. The said Christopher Dominoski resides at 125 Dorsey LanE!, Dillsburg, Carroll Township, PA 1701, and whose social security number is 210-56-5283.. 4. There is a divorce action pending between myself and the said Christopher Dominoski filed to and in the above captioned Cumberland County divorce case, which case was initiated by the filing of a complaint on June 3, 2002. In that divorce action, I have raised a claim for equitable distribution or marital property. As part of my claim for equitable distribution I am claiming a marital and equitable interest in the property known and numbered as 125 Dorsey Lane, Dillsburg, Carroll Township, PA 17019, more fully bounded and described on Exhibit "A attached hereto and made a part hereof. The within described property should not be sold without my joinder and consent. I verify that the statements made in this Affidavit are true and correct. I understand that false statements Iierein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 5. 6. 7. Dated: fi- ;}f?-03 co~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND l SS.: On this, the A'j'~day of ~ ,2003, before me, a Notary Public, the undersigned officer, personally appeared Colleen Dorsey, known to me (or satisfactory proven) to be the person whose name is subscribed to the within instrument, and acknowledge that said person executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ rX, td;~ o ary u IC. ' Notarial Seal Deborah L. Donlev. Notary Public Camp Hill Bore, Cumberland County My Commission Expi res Sept. 23, 2003 Member, Pennsylvania AsoocIatlon 01 _f1.a . ,.. . .... ''OJ, ~~ ''Or,~ L.\"Oma WK.D.~1ll BOOK 1384 PAGE 3898 P(W~ 3g-0D-DDI'bF' .:Idoneyj..ded(~te6lamd) DEED THIS DEQ JDtde this <tl.\ day of f.,lO.;t~\V\.. , 1999, by and between JANET M. DORSEYi(ftee JANET M. SOWERS~e lady, presently of the Township of Carroll, County of York, and Commonwealth of Pennsylvania, party of the first part, hereinafter ClIIled Grantor, -AND- :t CHRISTOPHER E. DOMINOSKI~ single man, party of the second part, hereinafter called Grantee. WITNESSETH, that in consideration of ONE HUNDRED FORTY THOUSAND DOLLARS (5140,000.00) in band paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey unto the said Grantee, his heirs and assigns, ALL THAT CERTAIN tract of land situate partially in the Township of Carron and partially in the Townshin ofMonalthaIt all in the County of York, and ~nwealth ofpennsylvania, being more particularly bounded and describes as foUowa, to wit: BEGINNING at a nail in the center line of Township Road T -852, known as Dorsey Lane, said nail being located North, forty-six (46) degrees twenty-five (25) minutes forty-nine (49) seconds West, a distance of one hundred seventy-two and thirty-six hundredths (172,36) feet from another nail in the center of said Dorsey Lane, said Lane being adjacent to a concrete monument found on the northeastern most dedicated right of way line of aforementioned roadway, at lands now or fonnerly of John L. Dorsey; thence extending in and along the center line of Dorsey Lane North, fifty (50) degrees, fifty-six (56) minutes twelve (12) seconds West, for a distance of one hundred ninety-two and no hundredths (192.00) feet to a nail in the center of said roadway at Parcel No. 4B on the hereinafter mentioned Plan of Subdivision; thence departing from the center line of said roadway and extending along Parcel No. 4B North seven (07) degrees thirty-six (36) minutes fifty-nine (59) seconds East, through an iron pin found on the northeastern most dedicated right of way line of said roadway, said pin being found twenty-nine and thirty hundredths (29,30) feet from the beginning ofthis ca1I, for a total distance oftive hundred sixty- two and ten hundredths (562.10) feet to a concrete monument at lands now or fonnerly of Joseph B. Wetzel; thence extending along lands now or fonnerly of Joseph B. Wetzel, South seventy-six (76) degrees twenty-five (25) minutes nineteen (I 9) seconds East for a distance offour hundred eighteen and no hundredths (418.00) "Ia , ::;: 'X Station: View3 - 06/03/2003 12:36:47 PM YORK COUNTY Inst.# 1999083902 - Page 1 ~~ lAw"",," WN. D. 9cIfNa(. 10 BOOK 1384 PAGE 3899 feet to an iron pin at Pan:e1 No, 4 on the hereinafter mentioned Plan of Subdivision; thence exteQdins along Pan:e1 No, 4, South twenty-nine (29) degrees forty-six (46) minutesfive(05) seconds West for a distance ofsix hundred sixty-eight and seventeen hundredths (668,17) feet, through an iron pin found on the dedicated right of way line of Township Road T -852, said pin being located twenty-five and thirty-three hundredths (25.33) feet from the end of this call, to a nail in the center line of Township Road T -852, said nail marking the end of this ca1I, and the place of BEGINNING. CONTAINING 4.135 acres and being designated as Parcel No. 4A on a revised Plan of Subdivision prepared for James E. Dorsey by Robert E. Stiffler, Registered Surveyor, and dated August 5, 1977, and recorded in the Office of the Recorder of Deeds in and for York County, Pennsylvania in Plan Book AA, at page 608. IT BEING THE SAME PREMISES which Janet M, Sowers and Kimm B. Sowers, her husband by their Deed dated August 5, 1986, and recorded in the Office of Recorder of Deed of York County, Pennsylvania, in Record Book 92-Z, at page 119, granted and conveyed unto Janet M, Sowers, individually, the Grantor herein. The said Janet M. Dorsey resumed use ofher former name following tennination of the 11lIlrital relationship with KiIDlD B. Sowers, AND the said Grantor does hereby SPECIALLY WARRANT the property hereby conveyed. INWlTNESS WHEREOF, said Grantor has hereunto set her band and seal the day and year first above ' :/\ ~ma~ ~JANET M. DORSEY 0.. ~ent 'Q) .... lc.rOfJ~ ~,P.. ~ 111 'fQ~ a: >-'" ..z: ~~ u>- '" ..z: !G'i >-"- llIE iN 1lIC, o 1lI 1lIi1"'1' I'll N I Cl . II o "'0 1lI1110l'l salll II =1lI UN ... Ill'" a:l 8 ~~888 888 i i s a ~ ~~ ;: :: i ;! ... ...~ II! ~ I ;; ~ IIi I ; ~i! I ; II Ii i ~ ~ ......... ~ .' ~~. !~f~.':..~\ !1...~ =""';:: 11~,#-~1' :~: .~".:"'..,l]$:c . ~...~:~:.*,~",: : .,....,.;;:;;t'~:_...': ~ '':... "0......, .. ~.., Station: View3 - 06/03/2003 12:36:47 PM YORK COUNTY !nsl,# 1999083902" Page 2 < . ..... LAw"""" WK.D.Sl:IIIWS.IU BoaK 1384 COMMONWEALTH OF PENNSYLVANIA COUNTY OF c...-.- \..A,....I : SS. PAGE 3900 On this, the Z. <-t day of }.JIJ~ ---' 1999, before me, a Notary Public, the undersigned officer, person8Jly appeared JANET M. DORSEY, known to me (or satisfactorily proven) to be the penon whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my ban , . ~,'. 8nd Notarial Seal. .:~..,.....: ..1<" .,/oS~li, ......:'c...._..t;'.)~.;~.. " ""-.. -3.'f";'t..\.~1I .....v :'~.l:}-""'. ,v . ~,'."";;,"")' ~,..;.' .:. ;e.':..'fJ..' ,,~;'.~./'~',"~ " OTAD'YPUBLIC'; ?. :""/,,,- ; .'.'." .;:" A ," .". :'.~~ ,;.' ~ "...J-~~j"':'?,' , 0., ".,\;.~ :. """'.~'v~.,,~t ~::t "~',) ..,.7......... '...' .... ~f~~."".;,."'...\,..-j .~_..{.... ""'., 'c ft\-~.(A....' ';F;'''''lI': ,.......~.... ;:1~::' !::;~. ,'/ I .~1ifi\J,'\'" -(,it", .-":,},,,.. "'."~,.:...;,,,.;o~ " '. . -'. NOTMIAL SEAL ~J.~=..... ~~~ElqliresAug.-l ~ I BERJ:BY CERTIFY that the precise address of the Grantee herein is: 125 Dorsey Lane Dillsburg, PA 17019 Station: View3 - 06/03/2003 12:36:47 PM YORK COUNTY Inst.# 1999083902 - Page 3 (') 0 (') c: w " ~: '-- H_~ "T) " c= :TJ n1 L! ~'..." 7~ ; i , r=;:; :';'" '~J ~~ (":) c -r, <0 -cJ -n -~ i (') - , . "" -) rn ( :.~:~ -. .- " ::0 --< (0 -< . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE1\:NSYL VANIA COLLEEN DORSEY, Plaintiff NO.. 02-2682 PACSES NO 551105105 V, CIVIL ACTION . LAW CHRISTOPHER DOMINOSKI, Defendant DIVORCE INCOME AND EXPENSE STATEMENT OF COLLEEN DORSEY I verify that the facts set forth in the following Income and Expenses Form, including all attachments thereto, are true and correct to the best of my knowledge, information and belief. 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: t5/?'7 /0 ~ . I -& COLLEEN DORSEY - 1 - PART I. INCOME A, EMPLOYMENT INFORMATION: EMPLOYER: A SPECIAL TOUCH & FACE TO FACE ADDRESS: 250 SOUTH 15TH STREET, CAMP HILL, PA 17011 POSITION: OWNER/OPERATOR PAY PERIOD: ANNUAL-VARIES B. BUSINESS INCOME: A SPECIAL TOUCH - SOLE PROPRIETORSHIP DESCRIPTION SUBTOTAL YEARLY TOTAL YEARLY Gross Annual Sales or Receipts $148,968.00 Costs of Goods Sold ($34,469.1111) Gross Profits $114,499,00 Other Income (Tips@ $6,925.00; Forgiven debt@$1,192.00; $11,203.00 Forgiven debt $3,086.00) Gross Income $125,702,00 $125,702,00 Advertising ($5,929.1111) Depreciation ($8,ll15.1111) Employee Benefits Programs (S834.IH)) Insurance ($1.848.IHI) Interest (S122.1111) Legal and Professional Services ($3,23I)'()1l) Rents of Equipment, Vehicles Machinery ($982.1111) Rent of Other Business Property ($15,675,llll) Repairs and Maintenance ($ I ,464.(111) Supplies ($9115.11I1) Taxes and Licences ($9,87J.llll) Utilities ($3,223.1111) Wages ($55,73 1.l1O) Bank Charges (S468.1111) - 2 - A SPECIAL TOUCH - SOLE PROPRIETORSHIP DESCRIPTION SUBTOTAL YEARLY TOTAL YEARLY Continuing Education ($1,530.00) Credit Card Fees (S325.00) Decorations (SI%.()(j) Janitorial ($2,062,00) Payroll Service (S529.00) Postage (S171UlO) Seminars ($1,308.00) Security System (S3S2.00) Telephone (S3,737.00) Laundry and Uniforms ($l,39S.lHl) Amortization ($667.00) Total Expenses ($120,62IU)O) (SI20,620.()(I) Pretax Profit $5,082,00 FACE TO FACE PERMANENT COSMETICS- S CORP DESCRIPTION SUBTOTAL YEARLY TOTAL YEARLY Gross Annual Sales or Receipts $29,286.00 Costs of Goods Sold Gross Profits $29,286.00 Other Income Gross Income $29,286,00 $29,286.00 Rents ($2S,S40.00) Depreciation ($64.00) Bank Charges & Credit Card Fees (SS26.00) Total Expenses ($29,73IUllJ) (S29,730.00) Pretax Profit ($444.1111) - 3 - C. OTHER INCOME: DESCRIPTION MONTHLY YEARLY Interest $0.00 Dividends $0.00 Pensions $0.00 Annuities $0.00 Social Security $0.00 Rents $0,00 Royalties $0.00 Expense Account $0.00 Gifts $0.00 Unemployment Compensation $0.00 Workman's Compensation $0.00 Income Tax Refunds $0.00 Support or Alimony $0.00 Commissions $0.00 Tips $0,00 Other(Specify): $0.00 TOTAL OTHER INCOME $0,00 $0,00 - 4 - PART II. EXPENSES DESCRIPTION TOTAL EXPENSE IF MONTHLY SHARED HOME EXPENSES: Rent First Mortgage $690.00 $345.00 Association fee $50.00 $25.00 Maintenance And Repairs S IlULOO $50.00 Electric 5060.00 $30,00 Gas SllO.OO $40.00 Oil Telephone S34.00 $17.00 Water $40.00 $20.00 Sewer Trash S26.00 $13,00 EMPLOYMENT Public Transportation Lunches $108.00 Other Expenses(Specify): TAXES: Real Estate Taxes Escnn\ Escrow Personal Property Taxes Income Taxes Not Withheld Per Capita/Occupation Taxes $1.00 INSURANCE: Homeowners/Renters Ins. $25.00 $12.50 Automobile Insurance $78.00 Life Insurance - 5 - DESCRIPTION TOTAL EXPENSE IF MONTHLY SHARED Accident Insurance Health Insurance $402.00 Other Insurance AUTOMOBILE EXPENSES: Payments $278.00 Fuel $60.00 Maintenance And Repair $42.00 License And Registration $6.00 MEDICAL EXPENSES NOT REIMBURSED BY INS: Doctor $30.00 Optical Dental $16.66 Orthodontic Hospital Medicine $25.00 Special Needs(Specify): EDUCATIONAL EXPENSES: Private School Parochial School CoIlegelV ocational Religious Education Books/Fees And Supplies Other Educational Expenses PERSONAL EXPENSES: Clothing $100.00 Food and Other Grocery Items $250.00 Barber And Hair Dresser - 6 - DESCRIPTION TOTAL EXPENSE IF MONTHLY SHARED Memberships CREDIT CARDS AND LOANS: Beleo Community Credit $244.00 MISCELLANEOUS EXPENSES: Household Help Child Care Newspapers/Magazines/Books $5.00 Entertainment $75.00 Pay TV $34.00 $17.00 Vacations $75,00 Gifts $25.00 Legal Fees $150.00 Charitable Contributions $108.00 Other Child Support Spousal Support or Alimony TOTAL EXPENSES $2,648,16 - 7 - DESCRIPTION VALUE HUSBAND WIFE JT. Marital Home 160,000.00 X 2001 Nissan Extera 17,000,00 X Husband's Belco C.C.U. Checking TBD X Husband's Belco C.C.U. Savings, TBD X Wife's PSECU Checking 200.00 X Special Touch Salon/Face to Face Permanent Cosmetics rnc 30,000.00 X Husband's 40lK Plan TBD X Total 207,200.00 PART III. PROPERTY OWNED PART IV. INSURANCE INSURANCE INFORMATION COVERAGE TYPE COMPANY POLICY NO, H W C Hospital Blue Shield ZARl92567805 X X Medical Blue Shield GP28129.76 X X Dental Vision - 8 - PART V, SUPPLEMENTAL INCOME STATEMENT [ ] CHECK HERE IF NOT APPLICABLE (a) This form is to be filled out by a person: (I) Who operates a business or practices a profession, or (2) Who is a member of a partnership or joint venture, or (3) Who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity (check block to indicate the document is attached): (I) The most recent Federal Income Tax Return. [] attached (2) The most recent Profit and Loss Statement. [ ] attached (d) (e) il'l) Name of Business: A SPECIAL TOUCH & FACE TO FACE 250 SOUTH 15TH STREET, CAMP HILL, PA 17011 717-763-8184 Business Address: Business Telephoue: Nature of Business (check one) [X] 1. Sole Proprietorship [] 2. Partnership [] 3, Joint Venture [] 4. Professional [x] 5. Corporation [] 6. Other Name of accountant, controller or other person in charge of financial records: HAMILTON & MUSSER, P.c. 1820 LINGELSTOWN ROAD HARRISBURG, PA 17110 (f) Business Income: 1. Annual income from business: SEE FRONT 2. How often is income received: 3. Gross income per pay period 4. Net income per pay period 5, Specify deductions, if any: () ~ ~fF' (j~, - 2i~': )';::, ~:f'_ z -:I -, ~/') "q ''3 o ~n I 'D C'} , ~~) ;po :x :"() :enl , ::'1 :JJ ..< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER DOMINOSKl, Defendant NO. 02-2682 CIVIL ACTION - LAW IN DIVORCE COLLEEN DORSEY \ Plaintiff INVENTORY OF COLLEEN DORSEY Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C,S. Section 4904 relating to unsworn falsification to authorities. . DCLIFF, 448 Tri die Road I, PA 17011 Phone: (717) 737-0 I 00 Fax: (717) 975-0697 supreme_CI~~f #32112 Dated: ~D , ASSETS AND LIABILITIES OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets and debts on the following pages: (x) I. Real property and Real Estate Mortgages (x) 2. Motor vehicles and Vehicle Liens ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of Deposit (x) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life Insurance policies ( ) 10. Annuities ( ) II. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home (x) 15. Business () 16. Employment termination benefits-severance pay, worker's compensation ( ) 17, Profit sharing plans () 18, Pension Plans (indicate employee contribution and date plan vests) (x) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/V.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held () 25. Household furnishings and personalty ( ) 26. Other assets (x) 27. Loans, Credit Cards and other Debts Page 2 SECTION I. INFORMATIONAL NOTES AND CODES NOTES AND CODES 1. 2. 3. 4. 5. 6. 7. Entries followed by a ",f" are verified by documents. Entries preceded by a "e" denotes documents/infOlmation of general note. Entries preceded by a "[E" denotes documents/information of special note, Entries preceded by a "*" denotes documents/infOlmation to be supplied by Husband Entries preceded by a "." denotes documents/infOlmation to be supplied by Wife. Entries preceded by a "." denotes an item for which a decision needs to be made. The values used in the various Tables herein may, in some cases, be based on estimated values. Those estimated values may be subject to adjustment upon appraisal or otherwise. Any adjustment figvres used in the various tables herein for illustration ]Jurposes only and are not to be deemed a representation on the part of the Plaintiff as to whether an adjustment should be made or the amount of the adjustment, if any is appropriate. 8. Page 3 SECTION II. BACKGROUND INFORMATION PARTIES DESCRIPTION HUSBAND WIFE Name Christopher Dominoski Colleen Dorsey Maiden Name - Colleen Dorsey Home Phone 432-8392 728-3424 Cell Phone No, 443-0241 608-4317 Work Phone No, 763-8184 Social Security Number 210-56-5283 192-56-7805 Address 125 Dorsey Lane 4275 Nantucket Drive Dillsburg, PA 17019 Mechanicsburg, P A 17050 N ames and Relationship of Persons Dawn Baker, Fianee Lisa Bamcastle, Friend Living with Party Jocelyn Dorsey, daughter Date Party Moved to this Residence 6/1998 5/2002 Date P A Residency Began Since Birth Age 33 29 Date of Birth 7/26/1970 2/111974 Place of Birth Harrisburg, P A Race Caucasian Caucasian Health Status Good Good Educational Background High School Graduate BA in Biology Licensed Esthetician, Licenses Manicurist, Certified Massage Therapist, Certified Dematician Current Military Service N/A N/A Employer's Self Employed A Special Touch Name and Address 2505 15th Street Camp Hill, PA Occupation (Job Position) Owner Date Employment Commenced 2003 9/2000 Est. Annual Income Unknown Page 4 MARRIAGE INFORMATION DESCRIPTION INFORMATION Date of Marriage 5/5/2001 Place of Marriage Sarasota Long Boat Key, Florida Date of Separation 4/20/2002 Grounds for Divorce 3301(c) No-Fault Prior Divorce Actions Between Parties None Number ofthis Marriage for Wife 2 Number ofthis Marriage for Husband I CHILDREN OF THIS MARRIAGE NAME AGE DATE OF BIRTH CUSTODIAN OR EMANCIPATION Jocelyn Tanner Dorsey 8 months 12/20/2002 Wife SUPPORT FOR THIS MARRIAGE DESCRIPTION INFORMATION Name of Party Paying Support Christopher Dominoski Beneficiaries of Support Jocelyn Dorsey Amount of Support $610.00 per month Allocation All child support Agreement or Order Order Date of Agreement or Order 5/3/2003 Docket Number of Support Order 35 Support 2003 Pacses # 402105184 Page 5 PRIOR MARRIAGES PARTY NUMBER OF DATE OF MANNER OF TERMINATION MARRIAGE TERMINATION Wife 1 4/98 Divorce CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES PARTY NAME OF CHILD DATE OF BIRTH AGE CUSTODIAN OR EMANCIPATION None N/A N/A N/A N/A SUPPORT/ALIMONY FOR PRIOR MARRIAGES/RELATIONSHIP DESCRIPTION INFORMATION INFORMATION Name of Party Paying Support N/A N/A Beneficiaries of Support N/A N/A Allocation N/A N/A Agreement or Order N/A N/A Date of Agreement or Order N/A N/A Docket Number of Support Order N/A N/A Comments: N/A N/A Page 6 PROCEEDINGS INFORMATION: COMPLAINT Date of Filing of Complaint 6/3/2002 Date of Service TBD Manner of Service TBD Type of Divorce Requested No Fault under Sections 330l(c) and 300l(d) Economic Claims Raised Equitable Distribution; Spousal support; APL ANSWER, COUNTERCLAIM AND/OR OTHER PLEADING RAISING ECONOMIC CLAIMS Type of Pleading Answer Date of Filing of Pleading 8/19/2002 Type of Divorce Requested N/A Economic Claims Raised N/A INCOME AND EXPENSE STATEMENTS Date of Filing of Plaintiffs I&E Statement 9/9/03 Date of Filing of Defendant's I&E Statement INVENTORIES Date of Filing of Plaintiffs Inventory TBD Date of Filing of Defendant's Inventory 3301 C DOCUMENTS Date of Plaintiffs 3301(c) Affidavit TBD Date of Filing of PlaintiWs 3301(c) Affidavit TBD Date of Defendant's 3301(c) Affidavit Date of Filing of Defendant's 3301(c) Affidavit Date of Plaintiffs 3301(c) Waiver of Notice Date of Filing of Plaintiffs 3301(c) Waiver Date of Defendant's 3301(c) Waiver of Notice Date of Filing of Defendant's 3301(c) Waiver Page 7 PROCEEDINGS INFORMATION: 3301 D DOCUMENTS Date ofIn House Separation Date of Physical Separation 4/20/2002 Date of Expiration of 2 Year Separation Period 4/20/2004 Date of Plaintiff's 3301(d) Affidavit Date of Filing of Plaintiff's 3301(d) Affidavit Date of Service of 3301 (D) Affidavit Manner of Service of 3301(d) Affidavit Date of Plaintiff's Notice ofIntent to Request Entry of Divorce Decree and Praecipe to Transmit Record Date of Service of Plaintiff's Notice to Request Entry of Divorce Decree and Praecipe to Transmit Record Manner of Service of Plaintiff's Notice to Request Entry of Divorce Decree and 3301(d) Counter- affidavit BIFURCATION Has the case been bifurcated No Date of decree granting bifurcation N/A If bifurcation granted by consent or after hearing N/A PREVIOUSLY RESOLVED ISSUES Issue #1 Resolution Issue #2 Resolution Page 8 SECTION III. MARITAL ASSETS AND DEBTS The foll.owing Table #1 sets forth the listing of the is a listing of the marital assets and debts of the parties: TABLE #1 MARITAL ASSETS AND DEBTS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE REAL ESTATE AND REAL ESTATE MORTGAGES (INVENTORY #1) ITEM 1 (REAL ESTATE #1) 125 Dorsey Lane, Dillsburg, PA 17019 National City Mortgage 2"d Mortgage Net Equity Comments: Est. 160,000.00 21,541.51 21,541.51 3.1.03 (138,458.49) None 21,541.51 Property was purchased on 11/24/99 by Husband for $140,000.00. Home acquired 4 months before marriage. The marital home was owned by Colleen's Aunt Janet Dorsey and had been in the family for several generations. Colleen moved into the home in 1997. She paid her aunt $700.00 per month. It was agreed by them that this amount would go towards the purchase price. Chris moved in with her in 1998. Until the home was purchased Colleen paid all of the payments to her aunt. Once it was purchased the parties shared the payments, The home was transferred to Colleen's father before purchased by Chris. The home was acquired with a VA loan. Because the parties were not married the VA told them that Colleen could not go on the deed. .{ It was agreed that Just Chris purchase it, and that the property would be transferred into joint names upon marriage. The home appraised around $158,000.00 to $162,000.00 without inclusion of the 4 acres ofland. It was bought for $140,000.00 the difference was the money Colleen paid and the no charge for the 4 acres ofland. Mortgage balance was estimated from amortization schedule prepared by Attorney Radcliff. However, Husband has not been making the mortgage payments and the mortgage is behind. \\ 11(' rLl:il\', ;1 ( iJlISlrueth'l' Trust against tilt' real estate, therehy making il suhject to equilahk ili',llihlllloll. * Husband to provide appraisal, * Husband to provide statement of mortgage payments made since 4,1.02 Page 9 TABLE #1 MARITAL ASSETS AND DEBTS DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY LIABILITY TO HUSBAND TO WIFE ITEM 2 (REAL ESTATE #2) Fair Rental Value of Est. TBD 125 Dorsey Lane, Dillsburg, PA 17019 Home Expenses Paid TBD by Husband Net Fair Rental Value 0.00 0.00 0.00 Comments: Husband has been living in the home but not making the mortgage payments @ $1,047,82 per month * Husband to provide statement of mortgage payments made since 4,1.02 ITEM 2 (VEHICLE #1) Wife's 1995 Jeep Charter One Loan 3,340.00 (2,500.00) 840.00 Pre-marital Pre-marital Net Value Comments: This vehicle was owned by Wife prior to marriage. It is believed there was no increase in value during the marriage. The vehicle has a KBB fair condition value of$3,340.00 as of 12.9.02. .,{ __ The loan balance as of separation was approx. $2,500.00 .] \\il<- I,,,<inl ill Ihi, ,,'hicle ill 8/lJ} for $},SOO.OO millus loall halance CASH, CHECKING ACCOUNTS AND SAVINGS ACCOUNTS (INVENTORY #5 & #6) ITEM 3 (MONETARY ACCOUNT #1) Husband's Belco 4.17.02 1,510.25 1,510.25 1,510.25 Checking Account #746230 Comments: 4.17.01 S-4 Checking @ $1,505.50; S-I Savings @ $4.75 fortotal of$I,510.25 .,{ 4.1.02 S-4 Checking @ $2,405.37; S-I Savings @ $4.75 for total of$2410.12 .,{ ITEM 4 (MONETARY ACCOUNT #2) Husband's Belco 4.17.02 14.86 14.86 14.86 Savings Account 3086190 Comments: 4.17.01 @$14.86 .,{ 4.1.02. @ $116.86 .,{ Page 10 TABLE #1 MARITAL ASSETS AND DEBTS DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY LIABILITY TO HUSBAND TO WIFE BUSINESSES (INVENTORY #15) ITEM 5 A Special Touch and 4.20,02 30,000.00 Face to Face Cosmetics Date of Separation Value Date of Separation 4.20.02 (49,200.00) Debt Date of Marriage 5.5.01 (30,000.00) Value Date of Marriage Debt 5.5.01 49,200.00 Net Marital Increase 0.00 0.00 0,00 Comments: This business was purchased in September of2000, prior to date of marriage and is pre-marital. It is believed there is no increase in value, There is a dispute as to the purchase price of this business and the salon debt. Joanne Calaman Debt = $1,200.00. This debt was for purchase of hair equipment for the salon This business may need to be apfcraised. Wife has a suggested person to do this appraisal who has experience in valuing salons and sa on equipment. Husband claims that property in which salon is operated is marital property. This is erroneous, Salon property was purchased by Wife's mother and stepfather using a loan from Wife's uncle for the down payment. Wife pays rent @$1,310.00 per month which is less than the mortgage payment. Wife has no interest in business property. . Wife to provide all available documents regarding the purchase of this business and the purchase price dispute, Page 11 TABLE #1 MARITAL ASSETS AND DEBTS DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY LIABILITY TO HUSBAND TO WIFE PENSION AND RETIREMENT PLANS (INVENTORY #18 & 19) ITEM 7 (RETIREMENT #1) Husband's 401K Plan 12.31.01 2,467.20 12.31.01. Balance Contributions from 1.1.02.- 473.15 1/1/02-3/1/02 3.1.02 Contributions from 3.1.02.- 331.50 3/1/02-4.20.02 4.20.02 Premarital Value 5.5.01 (840.09) Marital Increase in 4.20.02 2,431.76 2,431. 76 2,431.76 value Comments: 12.31.01 @ $2,467.20 f Contributions 1.1.02-3.1.02@ $473.15 f Contributions 3,1.02-4.20.02 @ $94.63 per pay x 3.5 pays ~ $331.50 f 5,5.01 premarital value @ $840,09 f h. nIL' aIHJ\ t' l" hased on lIushand's contrihutions only and do(~s not inl'llIdl' al1~' match h~' t'lHplo~'l'r. * Husband to provide actual value as of 4,20,02, including employer match HOUSEHOLD GOODS, FURNISHINGS, TOOLS, PERSONAL EFFECTS ETC. (INVENTORY #25) ITEM 8 Husband's Personalty I 0.00 0.00 Comments: . If a division of personalty or the value thereof is not agreed upon, an appraisal will be required. ITEM 9 Wife's Personalty I 0.00 0.00 Comments: . If a division of personalty or the value thereof is not agreed upon, an appraisal will be required, Page 12 TABLE #1 MARITAL ASSETS AND DEBTS DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY LIABILITY TO HUSBAND TO WIFE LOANS, CREDIT CARDS AND OTHER DEBTS (INVENTORY #27) ITEM 10 (DEBT #1) Husband's Belco Visa 4.30.02 (3,774.82) Account #4018110000216209 Post Separation 129.45 Charges Total (3,645,37) (3,645.37) (3,645.37) Comments: " 4.20.02 balance @ $3,645.37 = 4.30.02 balance of $3,477.82- post separation charges of$129.45 .[ ITEM 11 (DEBT #2) US Bank of America 7.2.02 (5,873.89) (5.873.89) (5,873.89) Airways Visa Account #4356-0025-0758- 4847 Comments: //@$ This card was used to purchase paint and supplies to fix up inside of salon building. This card has been paid by the salon until 9/02 when Husband stopped giving Wife the monthly invoices for this debt. * Husband to provide account statement as of 4,20,02 ITEM 12 (DEBT #3) Husband's Gateway N/A Pre-marital Pre-Ill arita) Pre-marital account #6011-7673- 0129-2940 Comments: 7.9.02. Balance = $1,722.26 This debt was incurred by Husband prior to date of marriage, It was incurred for the purchase of the computer. This card has always been paid by the Salon until 9/02 when Husband stopped giving Wife the monthly invoices for this debt in a timely fashion. :t Husband to provide account statement as of 4,20,02 ~i \\ ire rl'111rllcd tilt: COIllIHttl'r to J-Iushalld at tht.' heginning of .July, 2HH3. Page 13 TABLE #1 MARITAL ASSETS AND DEBTS DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY LIABILITY TO HUSBAND TO WIFE ITEM 13 (DEBT #4) Wife's MasterCard x.JI!I!] 1,949.00 1,949.00 L 949.00 Account # Comments: 5/02@$4817,OO 8.30.03 @ $1,949.00 , ill<: ;';,"\P,ii.; ;tl';':Ollnl hahlllCt' "as a settlement of this account llnd was paid h~ \-\'ifr on that dalt'. TOTALS Total of Assets and Liabilities 17,928.12 I 15,979,12 1,949,00 PERCENTAGE OF DIVISION Totals from Above 17,928.12 15,979.12 1,949.00 Percentage of Total 0,89 0,11 ADJUSTMENT FOR 50/50 DIVISION Totals from above 17,928.12 15,979.12 1,949.00 Amount Due in 50/50 Division 8,964.06 8,964.06 Adjustment Figure for 50/50 (7,015,06) 7,015,06 ADJUSTMENT FOR 45/55 DIVISION Totals from above 17,928.12 15,979.12 1,949.00 Amount Due in 45/55 Division 8,067.65 9,860.47 Adjustment Figure for 45/55 (7,911.47) 7,911.47 ADJUSTMENT FOR 40/60 DIVISION Totals from above 17.928.12 15,979,12 1,949.00 Amount Due in 40/60 Division 7,171.25 10,756.87 Adjustment Figure for 40/60 (8,807,87) 8,807,87 NOTES AND COMMENTS: 1. Wife suggests that the net marital estate be divided 40% to Husband and 60% to Wife. This would result in a payment of approximately $8,807.87 due wife. This payment will be made in cash within sixty (60) days of the date of any order or agreement. Page 14 SECTION IV. LISTING OF HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY The following Tables #2-A and # 2-B sets forth the household goods and contents and other personal property of the parties: I TABLE #2-A HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN HUSBAND'S POSSESSION DESCRIPTION OWNER POSSESSOR VALUE BASIS FOR METHOD OF EXCLUSION IF VALUATION AND CLAIMED TO BE SUPPORTING NON- MARITAL DOCUMENTATION ITEM TBD Comments: ITEM Comments: ITEM Comments: ITEM Comments: TOTAL ITEMS IN HUSBAND'S POSSESSION INote: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. Page 15 TABLE #2-B HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN WIFE'S POSSESSION DESCRIPTION OWNER POSSESSOR VALUE BASIS FOR METHOD OF EXCLUSION IF VALUATION AND CLAIMED TO BE SUPPORTING NON- MARITAL DOCUMENTATION ITEM Patio Set Wife Wife TBD TBD TBD Comments: ITEM Trek Mountain Bike Wife Wife TBD TBD I TBD Comments: ITEM Hope Chest Wife Wife TBD TBD TBD Comments: ITEM File Cabinet Wife Wife TBD TBD TBD Comments: ITEM TV and Stand Wife Wife TBD TBD TBD Comments: ITEM Mirrors Wife Wife TBD TBD TBD Comments: ITEM Wicker Porch Furniture Wife Wife TBD TBD TBD Comments: Page 16 TABLE #2-B HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN WIFE'S POSSESSION DESCRIPTION OWNER POSSESSOR VALUE BASIS FOR METHOD OF EXCLUSION IF VALUATION AND CLAIMED TO BE SUPPORTING NON- MARITAL DOCUMENTATION ITEM Pictures Wife Wife TBD TBD TBD Comments: ITEM Bedroom suite: 2 Wife's Wife TBD This item TBD dressers, headboard and Mother belongs to frame Wife's mother Comments: ITEM Stereo and speakers Wife's Wife TBD This item TBD Mother belongs to Wife's mother Comments: TOTAL ITEMS IN WIFE'S POSSESSION Page 17 SECTION V. MARITAL DEBTS The following Table #3 sets forth the parties' marital debts: TABLE #3 MARITAL DEBTS DESCRIPTION DATE DOS DEBT INITIAL AMOUNTS AND PURPOSE INCURRED AMOUNT DEBT DATES OF POST AMOUNT SEPARATION PAYMENTS See Table # 1 TBD TBD TBD TBD TBD I TOTALS 0.00 Page 18 SECTION VI. NON-MARITAL ASSETS AND DEBTS The following Table #4 sets forth the non-marital assets and debts of the parties: 2 NON-MARITAL PROPERTY AND DEBTS DESCRIPTION OWNER POSSESSOR VALUE COMMENTS AND/OR METHOD OF BASIS FOR VALUATION AND EXCLUSION IF SUPPORTING CLAIMED TO BE NON DOCUMENTATION MARITAL ITEM 2 Wife's 1995 Jeep Wife Wife 900.00 Pre-marital Kelly Blue Book Comments: This vehicle was owned by Wife prior to marriage. It is believed there was no increase in value during the mamage. The vehicle has a KBB fair condition value pf $3,340.00. The loan balance as of separation was approx. $2,500.00. This results in a net value of $840.00. ITEM 6 A Special Touch and Wife Wife 0.00 Pre-marital Estimate Face to Face Cosmetics Comments: This business was purchased in September of2000, prior to date of marriage and is pre-marital. It is believed there is no increase in value. There is a dispute as to the purchase price of this business. The Seller, Gina Isrealoff, claims the sales price is $78,000.00, while Wife claims it is $68,000.00. Wife claims the purchase price was inflated and that the business is only worth $30,000.00 (asset value). Gina IsrealoffSalon Debt = $48,000.00 (Seller claims purchase price was $78,000.00. If that is true the debt owed is $58,000.00. ) Joanne Calaman Debt = $1,200.00. This debt was for purchase of hair equipment for the salon Husband claims that property in which salon is operated is marital property. This is erroneous. Salon property was purchased by Wife's mother and stepfather using a loan from Wife's uncle for the down payment. Wife pays rent @1,3l0.00 per month which is less than the mortgage payment. Wife has no interest in business property. 2Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. Page 19 NON-MARITAL PROPERTY AND DEBTS DESCRIPTION OWNER POSSESSOR VALUE COMMENTS AND/OR METHOD OF BASIS FOR VALUATION AND EXCLUSION IF SUPPORTING CLAIMED TO BE NON DOCUMENTATION MARITAL ITEM 7 Husband's 401 K Plan Husband Husband 2,431.50 Pre-marital Pay stubs Comments: ;;': ).lll;111fl ~\ hast'll on I-Iushand's contrihutions olll}' and dol'') not include an~' matrh h:' t'rIIploy('r, * Husband to provide actual value, including employer match ITEM 12 Husband's Gateway Husband Husband Pre-marital Account #6011-7673- 0129-2940 Comments: 7.9.02. Balance @ $1,722.26 This debt was incurred by Husband prior to date of marriage. It was incurred for the purchase of the salon computer. This card has always been paid by the salon until 9/02 when Husband stopped giving Wife the monthly invoices for this debt in a timely fashion. Wife returned computer to Husband on II. Page 20 SECTION VII. PROPERTY TRANSFERRED The following Table #5 is Plaintiff's listing of all property which was transferred within 3 years of the date of the commencement of this action or was transferred since the date of separation: TABLE #5 PROPERTY TRANSFERRED DESCRIPTION OF PROPERTY I TRANSFER DATE I CONSIDERATION I TRANSFEREE ITEM 1 None Known I I I Comments: Page 21 CERTIFICATE OF SERVI E - I, Diane G. Radcliff, Esquire, hereby certify that on J....':) (:) , I served a copy of the within Inventory, by mailing same by first class mai , postage prepaid, addressed as follows: Max J. Smith, Jr;> Esquire P.O. Box 050 Hershey, P A 17033 r-- ~ OJ DCLIFF, ESQUIRE ( 34 Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff Page 22 b c> 0 c: (..) "T1 $:", :.n -00" p, .. cprn "0 .- .r.;....:t'l N ~~:P-J ZS, Ct:>... 0'> "'tS ~'" <C) -0 ':::~~i _.10_..,.., ~n ::.: ~--t(~ ~t5 ~ cjrn 5"c z :-j;! ::<i 0 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA COLLEEN DORSEY, Plaintiff NO. 02-2682 CIVIL ACTION - LAW V. IN DIVORCE CHRISTOPHER DOMINOSKI, Defendant PETITION FOR APPRAISAL OF THE PARTIES' MARITAL HOME TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW, this \"":l day of JAn""'~]ff , 2004, comes the Petitioner, Colleen E. Dorsey, by her attorney, Diane G. Radch f, EsqUIre, hereby files thIS PetItIOn for Appraisal of the Parties' Marital Home and respectfully represents that: 1. Your Petitioner is Colleen E. Dorsey, (hereinafter "WIFE") an adult individual residing at 4275 Nantucket Drive, Mechanicsburg, P A 17050, and is the Plaintiff in the above captioned divorce action. 2. Your Respondent is Christopher Dominoski, (hereinafter "HUSBAND") an adult individual residing at 125 Dorsey Lane, Dillsburg, PA 17019, and is the Defendant in the above captioned divorce action. 3. The parties are husband and wife having been married on May 5, 2001 and separated on or about April 20, 2002. 4. A few weeks before their marriage and in contemplation thereof, the parties purchased from Wife's aunt a parcel of real estate known and numbered 125 Dorsey Lane, Dillsburg, P A 17019 (hereinafter the "Marital Home"). 5. In order to obtain a loan for that acquisition through the Veteran's Administration for the lowest interest rate possible, the Marital Home was purchased in Husband's sole name with the parties' understanding that the Marital Home would be transferred into the joint names of the parties upon their marriage. 6. All funds used to pay for the Marital Home and the VA mortgage against the marital home were paid by the parties jointly. 7. The Marital Home has increased in value during the course of marriage. 8. Wife has requested on several occasions for the Marital Home to be appraised. The last request for an appraisal was made by letter to Husband's attorney dated December 5, 2003 wherein she requested that the property be appraised by Mark Heckman. True and correct copies of the various letters regarding the appraisal of the Marital Home including, but not limited to, the December 5, 2003 letter aforesaid, are attached hereto collectively marked Exhibit "A" and made a part thereof. 9. In the aforesaid December 5, 2003 letter, Wife requested that she be provided with Husband's home and work phone numbers so that the appraiser, Mark Heckman, could contact Husband directly to make arrangements for the entry of the property to perform the appraisal. 10. Husband and/or his legal counsel have failed to respond to that letter or any of the other letters attached as Exhibit "A", and thus far have failed to cooperate with Wife in any fashion in securing an appraisal of the Marital Home. 11. Wife needs an appraisal of the Marital Home to pursue her claim for equitable distribution through a Master's hearing which has not been scheduled as a result of this outstanding discovery. 12. Wife has incurred attorney fee's as a result of bringing this Petition and a claim is made therefor. 13. Husband's attorney, Max J. Smith, Jr., Esquire, has been contacted pertaining to the Relief requested in this Petition and has failed to respond to that inquiry. 14. The following is the information pertaining to prior Judge assignments in this case: A. Judge Edward E. Guido entered the custody order in this case. B. Judge Kevin A. Hess entered various support orders in the support case docketed to No. 0035-S-2003, PACSES NO. 402105184. WHEREFORE, Wife, Colleen Dorsey, respectfully requests this Honorable Court to enter an order: 1. Requiring Husband to contact Wife's appraiser, Mark Heckman, and make arrangements for the appraisal of the real estate within 30 days of the date of the Order. 2. Requiring Husband to pay attorney fee's and costs incurred by Wife in bringing this Petition. Respectfully submitted, ~ CLl 3448 Trindle Ro d a 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Petitioner ,~ c VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~t.3- ;::;---- C ::, COLLEEN DORSEY Date:~ - \ =l-OL.{ CERTIFICATE OF SERVICE I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on I served a true and correct copy of the Petition for Appraisal of the Parties' Marital Home upon Defendant's Attorney, by mailing same by first class mail, postage prepaid, addressed as follows: Max J. Smith, Jr., Esquire James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Respectfully submitted, c~ --:::::::::::",. G. DCLIFF, ESQUIRE e Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717)975-0697 Supreme Court II) # 32112 Attorney for Plaintiff ( EXHIBIT "A" LETTERS REGARDING APPRAISAL - 7 - DIANE G. RADCLIFF, ESQUIRE Attorney at Law 3448 Toodle Road Gunp Hill, Pennsylvania 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 March 27, 2003 Max J. Smith, Jr., Esquire James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Re: Colleen Dorsey v. Christopher Dominoski Cumberland County Divorce Action Docket No. 02-2682 Civil Term Dear Max: You will recall that following the custody conciliation, I spoke to you about signing affidavits and waivers so that this case could proceed to a Divorce Master's hearing. At that time you advised me that this was agreeable to you. I therefore am enclosing your client' s affidavit and waiver, please have him execute these document and return them to my office for filing. I will likewise have Colleen sign similar documents and will file them as well. While I would like to be able to negotiate a settlement of this case, I do not believe one will be possible. I believe we will have substantial disagreements regarding the marital home and salon business that will prevent such a settlement. In any event, I would like to have the marital home appraised or at least a comparative market analysis done on a preliminary valuation basis. Please advise me if your client will cooperate with this appraisal and what are the most convenient days of the week and time of the day to have it done. I am in the process of preparing my analysis of this case. When it has been completed that document will be shared with you. Once you receive that document we can discuss any other valuation issue that remain outstanding. Page 2 Colleen also needs to have her tax documents that are located at the marital home. Apparently she had previously made arrangements with her husband to obtain these files, some items belonging to her parents and sister and her hope chest. At the last minute, her husband called her and cancelled, telling her that he would rescheduled. Later he told her he absolutely refused to allow her to have these items. I would appreciate it if you would discuss this with him and see that these items are made available to her. If he continues to refuse I wil1 have no choice but to proceed with a petition for special relief. If that becomes necessary, I will also seek the assessment of attorneys fees. I will anticipate your reply. Very truly yours, DIANE G. RADCLIFF, ESQUIRE DGR/dr Enclosures: Affidavit and Waiver cc: Colleen Dorsey File 7l-02D DIANE G. RADCLIFF, _ESQUIRE Attorney at Law 3448 Trindle Road Camp Hill, Pennsylvania 170 II Phone: (717) 737-0100 Facsimile: (717) 975-0697 August 14,2003 Max J. Smith, Jr., Esquire James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey, P A 17033 Re: Colleen Dorsey v. Christopher Dominoski Cumberland County Divorce Action No. 02-2682 Civil Term Dear Max: I am enclosing with this letter copies of the following documents for your review and comment: I. Letter to the Divorce Master, Robert Elicker, II, Esquire, pertaining to outstanding discovery; 2. Discovery Certification. I am hereby requesting that you supply me with the documents listed on the Discovery Certification, including the times marked in Paragraphs 1-5 therein. As soon as I have those documents, I will advise the Divorce Master that discovery has been completed and we are ready for the filing of the Pre-Trial Statements. Very truly yours, DIANE G. RADCLIFF, ESQUIRE DGR/dr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER DOMINOSKI, Defendant NO. 02-2682 CIVIL ACTION - LAW IN DIVORCE COLLEEN DORSEY \ Plaintiff PLAINTIFF'S STATEMENT OF OUTSTANDING DISCOVERY MATTERS AS OF AUGUST 14,2003 1. 125 Dorsey Lane, Dillsburg, P A 17019: Husband to provide appraisal. 2. 125 Dorsey Lane, Dillsburg, PA 17019: Husband to provide statement of mortgage payments made since 4.1.02 3. Husband's 401K Plan: Husband to provide actuall value as of 4.20.02, including employer match 4. US Bank of America Airways Visa Account #4356-0025-0758-4847: Husband to provide account statement as of 4.20.02 5. Husband's Gateway Account #6011-7673-0129-2940: Husband to provide account statement as of 4.20.02 6. Wife's MasterCard Account: Wife to provide statement for this account as of 4.20.03 A Request for Production of Documents sent to Attorney Smith on December 9,2003 in which the documents referenced in Paragraph 3-5 above were requested. A letter was sent to Attorney Smith on August 14,2003 to request the appraisal which he previously promised he would obtain. It is anticipated that discovery can be completed in 45 days provided that Attorney Smith promptly complies with the discovery requests outline above. DIANE G. RADCLIFF, ESQUIRE DIANE G. RADCLIFF, ESQUIRE Attorney at Law Phone: (717) 737-0100 Facsimile: (717) 975-0697 3448 Trindle Road Camp Hill, Pennsylvania 17011 November 21,2003 Max J. Smith, Jr., Esquire James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey, P A 17033 Re: Colleen Dorsey v. Christopher Dominoski Cumberland County Divorce Action No. 02..2682 Civil Term Dear Max: Colleen would like to bring this case to a conclusion. The major hold up has been the appraisal of the marital home. Please advise me no later than Wednesday, November 26, 2003 of your intentions. Very truly yours,. DIANE G. RADCLIFF, ESQUIRE DGRldr cc: Colleen Dorsey File 71-02-D TRANSMITTED BY FAX AND MAIL FAX COVER SHEET TO FAX NUMBER: 717-533-2795 FROM: · Diane G. Radcliff, Esquire 3448 Trindle Road . CampHill,PA 17011 I I Phone: 717-737-0100 I a.\: 717-1)7::;-0697 TO: MAX J. SMITH, JR., ESQUIRE James, Smith, Durkin & Connelly, LLP P.O. Box 650, Hershey, P A 17033 . Phone: (717) 533-3280 ! 1:1\: (717) ::;X\-2795 DATE: . November 21,2003 MATTER: Dorsey vs. Dominoski DESCRIPTION OF DOCUMENT(S) NO. OF PAGES ------------------ 1 1 Cover Sheet November 21, 2003 letter _mil II MESSAGE OR COMMENTS MAILING OR RECEIPT INFORMATION Original will follow by mail. --- -- -------...---------------- X Original willnotfoll()\Vby mail. _ _ um_m_m_______m .. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE ME IMMEDIATELY AT (717) 737-0100 - . The information contained in this facsimile message is information protected by attorney-client and/or the attorney/work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by facsimile. If the person actually receiving this faCSimile or any other reader of the facsimile is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via Us. Postal Service. DIANE G. RADCLIFF, ESQUIRE Attorney at Law 3448 Trindle Road Camp Hill, Pennsylvania 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 December 5, 2003 Max J. Smith, Jf., Esquire James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey,PA 17033 Re: Colleen Dorsey v. Christopher Dominoski Cumberland County Divorce Action No. 02..2682 Civil Term Dear Max: I am enclosing a copy of the Petition to Increase Support order which was filed with Domestic Relations on December 4,2003. This filing was the result of your client's recent employment, about which we were not advised but rather had to learn of indirectly. My client would also like to move forward with an apprisal of the marital home. I need you to provide me with your client's home and work phone numbers so that my appraiser, Mark Heckman, can contact him to make arrangements to enter the property for the appraisal. Please provide that information to me as soon as possible. Very truly yours" DIANE G. RADCLIFF, ESQUIRE DGRldr Enclosure( s): Petition to Increase Support cc: Colleen Dorsey File 71-02-D TRANSMITTED BY MAIL q ...., c.;::> c:.::.o -"-- <- -!..,;... ~ C_Cj -< w o -n ..... ::r:-n Pi;::,::; -oi-n ."J'? f)L:> --:j'T, -.- -q ~~~ ~;~ "'.:-\ -1'1 r.,,;) r (.)1 "i, :0<, t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAN 1 ~ 2004 [ COLLEEN DORSEY, Plaintiff NO. 02-2682 CIVIL ACTION - LAW V. IN DIVORCE CHRISTOPHER DOMINOSKI, Defendant " AND NOW, thiS' 16 ~ day of ,2004, upon consideration of the within Petition, I~REBY 0 ERE that a Rule is issued upon the Respondent, Christopher Dominoski, to show cause why the relief requested in the within Petition should not be granted. This Rule is returnable a. days after service of the Rule and the within Petition upon the Respondent by Petitioner's counsel. RULE BY THE COURT: ,. JUDGE Distribution to: TORNEY FOR PETITIONER: iane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 ATTORNEY FOR RESPONDENT: ax J. Smith, Jf., Esquire James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey,PA 17033 I'~'I 0> L--f1 \li l~ I A. ~ Ol-:UJ-O~ .""':_i<~Y) 5"1 :s \.!d S \ Kif \\uGZ Nj\.iJ.C::<O;J,lOdd 3'iAt ::\0 '38\:\~O-(j31~,:\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLEEN DORSEY, NO. 02-2682 Plaintiff CIVIL ACTION - LAW V. IN DIVORCE CHRISTOPHER DOMINOSKI, Defendant PRAECIPE TO WITHDRAW ECONOMIC CLAIMS TO THE PROTHONOTARY OF THE SAID COURT: Please withdraw the following marked economic claims heretofore raised by the Plaintiff in the above captioned matter: [ ] divorce [x] equitable distribution [x] alimony pendente lite [x] alimony [ ] counsel fees and costs DIANE . RADCLIFF, EIRE 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff COLLEEN DORSEY, aintiff 250 S. 15th Street Camp Hill, PA 17011 -:? C) :~? {;;::g c:::, 0-" C/) rf-c 'ti !'\} 0::> .2:';,,* :.~ ~ 5! rniJ;J "'[71 3t} :)~j ~rj ""C) .jrn >1 ::7!i -<; - - o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLEEN DORSEY, Plaintiff NO. 02-2682 CIVIL TERM V. CIVIL ACTION - LAW CHRISTOPHER DOMINOSKI, Defendant IN DIVORCE AFFiDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 3, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in 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. Dated: q \~;)-lo~ o '" <::::> <I:.:.'::) en U) r<1 -0 N Q:) ?, :r!~ rl1-.L.i "F;; -~o ...\.1.1. ~~~ (:.')16 s;! :b -< "'" ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLEEN DORSEY, Plaintiff NO. 02-2682 CIVIL TERM V. CIVIL ACTION - LAW CHRISTOPHER DOMINOSKI, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 3, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in 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 .5. Secti 4904 "",tio. to ""7'" f'\'~;"t;'" to 'oIhonti", Dated: q /:? 7/0<; r::l:ff . { ( I CHRISTOPHER DOMINOSKI ---- ~ fJ. ~ '.-r-J ~ "::::.c" .<'...~ '::;': q, ::t r."\~ -'\".18 ~p \ fJ() :~,;~~ 'j] 'Io :C'ifl" ,;;::, '?,; & ~ ..,t -- -- o - - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLEEN DORSEY, Plaintiff NO. 02-2682 CIVIL ACTION - LAW V. IN DIVORCE CHRISTOPHER DOMINOSKI, Defendant ACCEPTANCE OF SERVICE I, CHRISTOPHER DOMINOSKI, Defendant in the above captioned action hereby accept service ofthe Complaint filed in the above captioned matter on June 3, 2002. Service of all further papers, pleadings and documents may be made upon me at the following address: Date: June 7. 2002 Christopher Dominoski 125 Dorsey Lane Dillsburg, PA.;70v ~. CHRISTOPHER DOMINOSKI, Defendant ~t/ - 1 - ------- () s::; a '" = ez::") en U) rq -0 N CJ:l 5: 'l? .-; ::r:'~ n'lp:::; -0 fil :CJ~~. ,--" .1 :~Q j.;cr~ -H :,-;1C) C5fl1 :-:--1 .^ :.0 -< - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLEEN DORSEY, Plaintiff NO. 02-2682 CIVIL TERM V. CIVIL ACTION - LAW CHRISTOPHER DOMINOSKI, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER" SECTION 3301 (Q OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. !i4904 relating to unsworn falsification to authorities. Dated: ~\d9-\O\ D ..., ~ = <:-:;":. c, c.n (/':; ~-n l'l rT1~ v -os:; N ::nO ro ........... I ~~j "" ~c ::H: gJ11 Z )>- ~ 0 ~ -< - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLEEN DORSEY, Plaintiff NO. 02-2682 CIVIL TERM V. CIVIL ACTION - LAW CHRISTOPHER DOMINOSKI, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (g OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. !i4904 relating to unsworn falsification to authorities. Dated: 9;4710;- / '-0 0 '" ~ '= <:; = <.n (/) 5'! '" nl;2:! V -om N :uO 0') ~'~> .L ~ ~}E ~1 -"-~ ",!o - i5rn .. j;! 0 ::J:J -< COLLEEN DORSEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 02 - 2682 CIVIL CHRISTOPHER DOMINOSKI, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of ,1S/o ku ~" , ,,-- 2005, the economic claims raised in the proceedings having been withdrawn by praecipe filed on September 28, ,2005, and the parties having filed affidavits of consent and waivers of notice of intention to request entry of divorce decree, there being no matters, therefore, pending before the Master, the appointment of the Master is vacated. BY THE COURT, G~1W~J. cc: ~ane G. Radcliff Attorney for Plaintiff ~x J. Smith Attorney for Defendant .;>~ ~~~ \D.~ ;L OCT-25-2DD5 113:41 DIANE RADell FF 717 375 0637 P.02/DJ DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road, Camp Hill, PA 17011 Phone: 717-737-0100 Fax: 717-975-0697 E-mail: dianeradcliff@comcast.net October 24, 2005 E. Robert Elicker, II, Esquire Cumberland County Divorce Master's Office 9 North Hanover Street Carlisle, PA 17013 Re: Colleen Dorsey v. Christopher Dominoskl No. 02-2682 Civil Term Dear Bob: As a follow up to a telephone call from Tracy on October 24, 2005 with respect to the above referenced matter, this is to advise you that no marital agreement was entered into by the parties and the Plaintiff, Colleen Dorsey. has withdrawn all economic claims raised by her. I have enclosed a copy of the Praecipe to Withdraw Economic Claims which was filed with the Prothonotary on September 28, 2005. Based on the above, it would be appreciated if you would see that an Order is issued vacating you as Master and transmit the file to the Prothonotary so that the Decree in Divorce can be issued, Thank you for your attention to this matter. DGRldd Enclo>ur.(>): Praecipe to Withdraw fconomlc Cloims ce: toU..n Dorsey File Transmitted by fox IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLEEN DORSEY, Plaintiff NO. 02-2682 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE V. CHRISTOPHER DOMINOSKI, Defendant . PRAECIPE OF TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filinll of Comolaint: June 3, 2002 b. Manner of Service of Comolaint: Acceptance of Service c. Date of Service of Comolaint: June 7, 2002 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: September 22, 2005 b. Defendant: September 27, 2005 OR DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301 (D) OFTHE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT: a. Date of Execution: I'll A b. Date of Filinll: I'll A c. Date of Service: I'll A 4. RELATED CLAIMS PENDING: No issues have been raised in this case, and there are no issues outstanding. 5. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COpy OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301(0)(1)(1) OF THE DIVORCE CODE: a. Date of Service: I'll A b. Manner of Service: I'll A QB DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: September 28, 2005 b. Defendant's Waiver: September 28, 2005 IFF, ESQUIRE oad Camp Hill, PA 17011 Supreme Court 10 # 32112 Phone: (717) 737-0100 2 ~ ~ ... .~ -o~ ".. ~~ rnd~, c:: z-.'-' '" z~~ l'> ~6 ~:-~ - ,<c 6"'" ~() ..." ." -ri ::J:: c - s;.U ~ z~ c 9 ? ::2 ~ ~ ...J