Loading...
HomeMy WebLinkAbout95-01162 '. .\ 1>: f 0/ .iJ6~t<,f,i; \~~J~~~ 'lir;\'j:;: r l~~,:j 1~:~~;1~;:(;' . }~~)'~i'.. L }l5:> fi:~':, \J t't>~.,. ," .;.t('r~',,<:V1 l}~:;';:;'~ -~ .... ,0 /':'7 :,-.;',;':-',-' ., ~;('i': _::~ ~~;;~: :"":'7 '.';'\:.,,_.,-'"<t.. ,,'..., ..', if): iJ(':~':.''-: . ~~~,;:r>-' ~:'.{'.': . "1,;-0:0, ~",'i;.(~\ "1<)4'iI'J_:> <.',:" ':~'(~ -'j. :".' l~~~1~t~Y '~~r\<~r;, _,.. F ,. J\ ,,;~: - . '" . E~;~. "d" ,- . '. ",' . "f' C'd ~ - - .;; -, :t . , . " :,' '- . _0'" --;:.,"f, '~{,'Y"" ':i:-:fl .,~ -:-,'t:'ft. , , ,:+:.' ,:+:,- .:.:' .:+;,.:t;.-:.:. .:.:' .:+:. -:.:, .:.:. .:+:. .:.:. ':.:' .:+:. ,:.:. .:+:. ,:.:. ':+:' ':.:' ,:.:,":...,;.:.: ":':'::'~':"':';'_':':' ':.:. ':.;, ,:.:.',:.;, '.;4 ". .-.- ~~'"__''''__~__''''__'_~'''''''''_''''''''' ~,._ ______~._____ ~_........., ......._____~....,-.--.--..,....h_.._..-.-.;_____________~ " r.' ., ~ ~ :t: ':; ~ ~" IN THE COURT OF COMMON PLEAS ~ ~.~ .. ~ ~ ',' ~ ',' ~ ',' ,'. :!: ~ -,~ ~ ',' ~ ,,. .. ~ ~ ... ~ ',' ~ ',' $ ~ (, ~ ',' ~ ~ ',' ~ ',~ ~. ~ ~ ~,~ ,', ~ ~ ',~ ~ ~ ~ ~ ',' ~ ',' ~ ~ ~ ~ ~ :!. '. i'" ~ ~ ~ ',' $ OF CUMBERLAND COUNTY I~ STATE OF ~~~~ PENNA. , ,. ~~~.1 ~."'r ~ ',' ~ ~i ~" w ',' ,'~ ~ .. Ai leen Kerry Vohs, Plaintiff " ,I * N I ).~?-:-.116.~.. ....""..",,, II) ~ v ~ ... \,pI....q1:-; ~ ',' William Charles Vohs ~ ',' Defendant ~ ',' ." ~ ~,. ~ ',' DECREE IN DIVORCE ~ ',' ~i ~ ~" ,'. ~ ',' ,'~ ~ " AND NOW,.. fe.~r\'\~,1' ..\.'a..,...." 19 ,~~..., it is ordered and d d h Ai leen Kerry Vohs I I tiff ecree t at "".""".".,."."."".",.",.""",.".,., pan , and, " , , " " , . ,~i,l,I,i,1l;1l! ,~h,a,r,I,e:~ ,~~~~ , , " . . , , , , , , , , . , , , , , ,. . , " defendant, are divorced from the bonds of matrimony. ~ ~.~ ~ ',' ~ ',' ~ ~.' ~ ~" $ The court retains jurisdiction of the following claims which have been raised of record In this action for which a final order has not yet been entered; ~ ',' """""""",."".,...'..., ,lJOlJe.."""",.."",..""""".""", w ',' ~'. ~ . " ... .." ,..... '.,'., .,.. ,. ",. ,.. "",. ,',,' ",. .,. ". .,. ~ ", ~ :0' lJy The Cnurl: /J ''''1 . ~k(. Oft,.f. Alh'at: J /' ...,' . J, t::f!K-'W ,,~( f' dID: /;.,<' ...',~.. /J - 1.,/1,/ ;-Z' i7 't<::;'" "l .c .....j/",}', ,.,G,'.. ....-~.t:.", ~." I ,- 7 Prolhoootary ~ ',' .~ ~ " ~ -:.:. .:.:. .:.;' ':~;. .:.:. .:.:. .:.:. .:t:. .:.:. .:.: c;) -13' ~6 riJei <.-i;cj /III:,d!u/ i, ?a4 ~f-C d . /3 ,<ft. . 'fdq'tit F'I'I ~t~'-N;~ .7J; c:&/ vohs, agr PROPERTY SETTLEMENT AGREEMENT {1 fL THIS IS AN Agreement made this ~(, - day of January, 1996, by and between william Charles Vohs, (hereinafter referred to as Husband) and Aileen Kerry Vohs, (hereinafter referred to as wife), WHEREAS, Husband and Wife were married on August 16, 1991; and WHEREAS, various differences have arisen between Husband and Wife, whereby they have been living separate and apart; and WHEREAS, the Wife has commenced a divorce action against Husband docketed at No, 95 - 1162 in cumberland County, Pennsylvania; and WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the property rights of the parties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and obligations under the Divorce Code of 1960, as amended, and it is the intention and agreement of the parties that this Agreement be a full, complete and final settlement of all of those rights and obligations under' said Divorce Code; and NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1960, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided for herein and agree as follows: J. Th~ parties agree that it shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit, Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement, Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart, from the other, I. I i 2 i i I I , f' Husband agrees to convey all title and interest in the real estate at 1874 Douglas Drive, Carlisle, PA to Wife, In connection with this conveyance, Wife agrees to assume the mortgages on the subject real estate and Wife agrees to either refinance the mortgages such that Husband's name is removed from the mortgages or to obtain from the existing mortgage companies a Release of lIusband's Obligation under said mortgage which Release shall be properly recorded in the Cumberland County Recorder of Deeds Office, The two mortgages contemplated by this paragraph are the existing mortgages to Farmers Trust Company and Meridian Bank, 3 Wife agrees that a copy of this Agreement shall be filed with the Cumberland County Domestic Relations Office and Wife further agrees that the Cumberland County Domestic Relations Office may modify the existing support obligation against husband at DR #23465 such that ~c=~ any arrearage on the support obligation which accrued prior to ikrl:y- I' 7' 1, 199" shall be forgiven and the existing Support Order shall be II/V modified to reflect said forgiveness,and-modif4ed-to-retlect-that- the-Bxiet!ng Orderfinlill--be-retroactive-only-to-July-lr1995, 4 Wife shall make a $5,000,00 payment to lIusband, This payment shall be made at the time Husband executes a Deed conveying the real estate to the Wife pursuant to Paragraph 2 above, but said payment shall be made no later than sixty days from the date of this Agreement, lIusband's obligation to convey the real estate pursuant to Paragraph 2 above shall be accomplished at such time as Hueband'e name is removed from the mentioned mortgages as pursuant to Paragraph 2. 5 Hueband shall assume all obligations with respect to the visa account which is held in lIusband's name alone, Husband represents that said account is held in his name alone and that, upon divorce and pursuant to this Agreement, Wife shall have no legal obligation on said account. Husband agrees to indemnify and hold wife harmless with respect to any claims made against Wife on said account, 6 lIusband agrees to waive account which Wife has Cumberland County, any claim on Wife's pension/retirement accrued through her employment with 7 I I. I j ; ; I. Husband agrees to not file an appeal of the most recent Support Order issued by Judge Kaye, Both parties reserve the right to request that the Domestic Relations Office review the exieting Support Order upon a material change in circumstances pursuant to the appropriate rules and regulations of the cumberland County Domestic Relations Office, 8 Husband agrees to assume any monies owing on the purchaEle of bedroom furniture which is currently in possession of Husband, Husband agrees to indemnify and hold wife harmless with respect to any claims arising out of the bedroom furniture account, The account in question is with Northwest Financial, 9 wife agrees to assume any balance owing on a jewelry account incurred in connection with jewelry, Wife agrees to indemnify and hold Husband harmless with respect to any claims against Husband on said account, The account in question is with Bailey's Jewelry at the Carlisle Plaza Mall, 10 Both parties agree that they equitably divided all items of personal property owned by the parties and the parties hereby waive any claims they may have with respect to items of personal property currently in the possession of the other party, 11 Wife waives any claim she may have with respect to Husband' B partnership business of Hanft & Vohs, 12 Deleted, 13 The parties agree that they will not contract or incur any debt or liability for which the other party might be responsible and shall indemnify and Bave the other party harmleBB from any and all claims or demands made against that party by reason of such debts or obligations incurred by the other party, 14 I I I I I Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country, or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification and revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the partes hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation, It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or its decree, This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties, 15 Husband and Wife do hereby mutually remise, release, quit claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at anytime hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the interest laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all or other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country or any right which either party may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof, It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and'general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatlloever nature arising or which may arise under this Agreement or for the breach of any provision thereof, 16 Each party individually covenants and agrees that he or she will individually assume the full and sole responsibility for legal expenses for his or her attorney and court costs in connection with any divorce action which may be brought by either party and shall make no claim against the other for such costs or fees, 17 Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may be reasonably required to give full force and effect to the provisions of this Agreement, 18 A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement, The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, 19 This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly eet forth herein, 20 It is specifically understood and agreed by and between the parties thereto that each paragraph hereof shall be deemed to be a separate and independent agreement, 21 If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing the rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her, 22 This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, I 23 If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in lnw or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and, in all other respects, this Agreement shall be valid and continue in full force, effect and operation, IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written, AILEEN KERRY VOHS Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. WILLIAM CIIARLBS VOIIS Defendant NO, 9 S- IN DIVORCE CIVIL TBRM NOTICR OP AVAILABILITY OP COUNSBLING TO THB WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of prOfessional marriage counselors is available at the Domestic Relations Office, 13 North lIanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and YOII are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desIre to pursue counselIng, you must make your request for counseling within twenty days of the date on which you receive this notice. Pailure to do so will constitute a waiver of your right to request counseling. II ,I II I 2 ~"-,." , ." , " ' . " , " ' . .. .. I ~ ";.~lo.+- -...' , . ~~::-:=-~~-::~::;:. ~ r -... . AILEEN KERRY VOIIS Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. WILLIAM CHARLES VOIIS Defendant NO, 95- IN DIVORCE CIVIL 'rERM COMPLAINT IN DIVORCE UNDER SECTION 3301lc) OR 3301ld) OF TilE DIVORCE CODE AND NOW comes the above-named Plaintiff, AILEEN KERRY VOIIS, by her attorneys, Andes, Vaughn & Bangs, and makes the following Complaint in Divorce: 1. The Plaintiff is AILEEN KERRY VOIIS, an adult individual who currently resides at IS'74 Douglas Drive, Carlisle, Cumberland County, Pennsylvania, 2, The Defendant is WILLIAM CIIARLES VOIIS, an adult individual who currently resides at IS'74 Douglas Drive, Carlisle, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant haN been bona fide residents of the Common- wealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 16 August 1991 in Carlisle, Pennsylvania, 5, There have been no prior actions of divorce or annulment between the parties. 6, This marriage is irretrievably broken. '7, Plaintiff has been advised of the avaiiabili ty of marriage couJ\seling and the Plaintiff may have the ri9ht to request that the Court require the parties to partici- pate in counseling, 3 . ,JIIta!J&.' ~-~ "..L....~....-r_ . .." . . '~"- ....~. ". ,;<;-.' ~""::::..;:I!I~~ . ~.. ~. t " . f , " 'r.," " '. 8. The Plaintiff requests this Court to onter a Decree of Divorce. W1IBlUll'ORB, PlaintHf requests this Court to enter a decree in divorce pursuant to the Divorce Code of Pennsylvania, I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint ar~ sUbject to the penalties of 18 Pa, C.B, 4904 (unsworn f,l.ifl,,'i., I. 'Olh"I~:'" () ~L ". K/~ AILEEN KERRY ~HB March 3, 1995 Date ,I '~DE" :Gro (),. Bam~L' Andes Attorney for Plaintiff 4 U'> 0"1 ~ ~ '~1 ~j-;j ~~~ o 'V a III ~-;;, Vi ci I,rj -.!) - - >- >- ~t. I . --t.r. :c: ;H~;>~ .~ ~ ~Hi ;,~ .1','.-,..- " u. "." ;\I';~ilJ . ,:::T..\ , ":) 0;.,:1 '" rn @f' L.O ">;: c: .c :c , ~ ~ . -- ":t.. ~ , e, ~ .!)- \1> 0 OQcr:; ;;:;~ ~ 1\= ~ ~~ 'It" ~ a ~ Itl ~ ~ ~ ~ f-o " f!l ~ . II ~ 5 ~ ~ "" 1Il hi " , ... ;.0 ~ " ~ o '" f-o d ;0; P ~... w ..; ~ ~ ~ llo ;;.. 0" ~ . ~ ~ , III ~ n 0 ~ ~ ~ x ,.J ...; , , , , ~ . AILEEN KERRY VOHS Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 95-1162 CIVIL TERM IN DIVORCE vs. WILLIAM CHARLES VOHS Defendant AFFIDAVIT OF SERVICE BY CBRTIFIED HAIL LOU ANN GRISSINGER, being duly sworn according to law, deposes and says as follow~ : 1, That she is an employee of Andes, Vaughn & Bangs, attorneys for the Plaintiff herein. 2, That on 9 March 1995, she delivered to the U.S. Postal Service in Lemoyne, Pennsylvania, as certified mail (Receipt No. Z402 537 017 ) return receipt requested, addressed to the Defendant herein, a true and correct copy of the Complaint in Divorce filed in the above-captioned action duly endorsed with a Notice to Defend and Claim Rights, 3, Said return receipt card is attached hereto as Exhibit A ShOWing a date of delivery to the Defendant of 10 ~larch 1995, Sworn to and subscribed before me this I (, -I~ day of MA-'1 , 1995. Lo0~~~Yl(s1 /. /,.i ._.' _....'U>I '-\.I"'l(\.~, Nota(y Public !i I I I, rLl,'....~':,~.1i l\r.n l<i,6)f,; :.-~ l"f 1",J:'c; l.en\":'~ll'J[\..t., ~'_'lrb:u0jC~J,J'7!I, f.1/C{4!11I.tt.~:o;lt:'rm:r,A:lq l"j li1'.I\1 ':~ I'it. ~o~~t~fll~~1 and/~'~fgr'.ddll:o".I..rvic..,. ' ' ',. I el.owi',h 'to recelve"tho ,.' "....1... 'Compl.1I l1.m. 3.'~"" b, -'. ," . iO.1I0.W.....lno. i.erv.IC a..If~_r_...a~._)c.tr.. ~..', 'j'.! L '. .'Print your NJM"tnd ,ddt1l.. on 1M ,.....,.. of thlt form .0 thlt w. un fee):.I' " .. ", ;'. ",' ,,' ..~ i i ;:; ,:'~~r;;.~~' ~i~~c:n~:t~-f~t-.~I the mlllpl.cl, ,0" on the b~~k If .~.c. "j ; 1: "0 'Addressee'. Addri.~;, .:.: ; r'~-I'_:,~~w:'~J;:::n'..:~~iR~~t~_d:'on'~~',rii"p1~C'~I~W.tw'.rtlCI.~bt, '2. ~ Rostrlct'ed D~~very .' ,g: 1.', " ',ThI".tumR.c.lJltwmahowlowhoml....~..w..d.Uv.'td.ndthld.t., r< . - ~'8' l~ 8,d.uvtrld.- .':.c_",_.- "-.-; -'" .. -,--- -', _ Consult Gatmlla." for fe" ,j -i ii'.ill.3 ..'....s.....~w~.'~~.g~.~t\j~~.....~....... . Eft/", 4.'.MICI.6um~.v - -.(/0..... '."'.". F....]! hH.;<,.:.i\.w.'.._.tt.....-.'..P.~.()ef. .,.S~', ,......t%~:~:~~.JvP.. O'ln.iui.d}... i.:.....(.'N......... -~ \,-.. ...,. ," -,. .."." - )g.C.rtlfl.d . --"'-'-.. '-51 "~'l;, \1~11 " OEJCpr.u'~~.i~I;~i ,,: _, .." ,/,>!_.:-,:':' .__.. . . - I . Ii: ',!'FtOOAeSilkiJlJl...'f'" 7; 0.1.0 ~ · :i: ... .11 (O~ V "7a:'.ti: OJ! :~~Iji ~ ~Oec'mbe,,1991; l *U~GPq:,~~714 . _, ' I !' ~ I _;' , . .,'." ,I f I ,. -, , Ii d .: I DOMESTIC RETURN RECEIPT, : -, , E. X I""/~ ,.{ A In ~n .... ,(I " ~I ., .~'J ;...,... >-. ~..: .; i I i , ; 1 I ! I i I i ! i ! 1 I I I , (Jl ~ ~ ~ ~ ~ " <<S 3 ~ ~ Z ~ ~ 18 ~. :t: " ~ !' ~ g!'l ~ ~ d ~ ;:.. 0 ~ 0; 110 iii ~ e !of I<l ~.. ~ ~ a ~ < ~ i I I ! I I i i i 1 I , I .. " -. , . . .. AILEEN KERRY VOHS, PlnInU/f : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. . : NO. 05-1162 CML TERM : IN DIVORCE WILLIAM CHARLES VOHS, Defendant PllAEClPE TO THE PROTHONOTARY OF THE SAID COURT: Please withdraw the appearance of Snmuel L. Andes, Esquire, as attorney of record for Plaintllf In the above-capUoned case, _' 'Lc.'\~ /99:\ Date Please enter the appearance of Ron Turo, Esquire, as attorney for Plnintllfln the above-captioned case. Respectfully submitted, 96/1 S- . Date Turo, Esqulre 32 South Bedford Street Carlisle, PA 17013 (717) 245,0688 Attorney for PlninUIf, Alleen Kerry Vohs I II ~ - ~ ~ - - -,' ,.. ~,- ....J. -'.."._.....1 \..' '-. "r "";t.......'..1. .:-.. f,~ " .~ I "":,;: 1'" " \~ ,,- ; - ~ V' ..- '. AILEEN KERRY VOIIS, Plaint.iff IN TilE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYI,vAN1A va. WILLIAM CIIARLES VOIIS, Defendant CIVIL ACTION - IJAW NO, 95-1162 CIVIl, 'rERM TN DIVORCE PETITION FOR P.CONOHIC RBLIP.F AND NOW comes the above-named Plaintiff, Aileen Korry Vohs, by her attornoys, Andes, Vaughn and Bangs and petitions the Court for economic reiiof, based upon the following: COUNT I BOUITAD1,P' DISTRIBUTION 1. During the course of the marriage, tho parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WIIEREFORB, Plaintitr llrayn thin 1I0norable Conrt, aftlJr reqniring full disclosure by the Defendant, to equitably divide tho property, both roa I and personal, owned by the parties hereto as marltal prollerty. COUN~LU. A!,lMONY 2. The Plaintiff han worked and supportlJl! Defendant through much of the marriage but ntill noedu financial asnintance. I II II 3. 'fhe Plainti tf is unable to support hersell and is dependent upou the Defendant for financial support and maintenance, 4. The Defendant is employed and enjoys a substantial income and is well able to contribute to the support of the Plaintiff. IIIIRREPORll. Plaintiff prays this Honorable Court to enter I ts Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she is accustomed. COUNT III AI, THONY PENDENTE laTE 5. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 6, Defendant enjoys a substantial Income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. IIIIEREPORE. Plaintiff prays this 1I0norable Court to order Defendant to pay her reasonable alimony pendente llte during the pendency of this action, COUNT TV COUNSEl. PEES AND EXPENSES 7. Plaintiff is without sufficient funds to retain counsel to represent her in t.his matter. a. Without competent counsel. Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this mattAr. II 2 1.1 9, Defendant enjoys a substantial income and is \lell able to contribute to the 11 expense of Plaintiff's attorney and the expenses of this litigation. WHERHPORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fecs and expenser. incurred hy Plaintiff in the litigation of this action. I verify that the statementr. made in this Petition are true and correct. I understand that any false statements in this Petition are sUbject to the penal tier. of 18 Fa. C,S, 4901 (uns\lorn falsification to authorities), A{f.;0.~y6 ~L b-d-CJ5" Datl! ANDES, VAUGHN & BANGS By Q (){)2 c.t ~1I~""'-~ Attorney for Plaintllf 3 Lr> +t ,~ 0"> :.0.:' ,.~ - ~.( ,.: ~ :'I:: , - . I;::) -'" Ill" '\ ('. ~ {', tn .. .+ ~ h.. '. " 0 ,..:!::.;. -, r6 .. IV) , 'C) .:.,.,; - ~ ~ r- ,., '0- I ~ ,.,',1 t'J " . ." " ~-, ~ ::r.. " ~j';' -.. ~ 1Il ~ ..~ -< ~ !:. Jt1 ~ P' < cl$ ~ ~ ~ Z ~ ~ ~ ~ :z;!" ~ r;;. ~.,t:i ~ ~ ""':r. d ~ ~. ~ ~ ~ Ilo iii ~ ~ . ~ fll " ~ A " 0 , " :>: ~ ~ . , ' , . AILBEN KERRY VOHS Plaintiff IN 'I'III! l:llIl11'l' 0(1 COMMON 1'l,RAn 01' CUMllIlIll,ANIl COUN'\'Y. I'ENNOVLVANIA vs. WILLIAM CHARLES VOHS Defendant CIVil, Al:'I'ION - (,AW CIS NO..lJ.I- IllA'J. CIVIL TERM IN IHVORCH AFPIDAVIT OP CON8RMT 1. A Complaint in Divorce undel' Section 3301lel 01 tho Illvoreo Code was Uled on March 6, 1995. 2. The marriage of Plaintiff and Dofondant is irrotriovllbly brokon IIlId lIillety days have elapsed from the date of (l1illg tho Complaint. 3. I consent to the entry of a filial llocroo III llivOrlHt. 4, I understand that I may lOBO ri9hlo cOlleOrllllll) alimollY, divluloll ol proporty, lawyer's feeu or expensos if I do not claim lhem beloro a dlvorco In '/ranted. 5. i have been advised of tho availability of marrlllge coulloolln9. understand that the Court maintains a list o( marrlllgo counllollorn and thal 1 may roquont tho Court roquire my spouse and I to participate III counllol illg lind, boln!l 110 advisod. I do not request that the Court require that my spouno MId I 11.ll'tlciJlato In eoullsolinq prior to the divorce becoming final. I verify that the statementll mado in this Allldavll 111'0 truo IIl1d corroct. I understand that falso statomentu horeln aro roado nub,locl to tho ponaltiou of 18 Pa. C.S, Section 4904 relating to unsworn lalnllll:lIllon tn authorltios, aJ{';"~I,Jlk" June 19, 1995 Dato i, Ln en - ~ ,," :OJ :~t~.: '__ ,:,' .r 4.<"'-" ;"- :~.:-; =-= -"f In o - - ," .' .f,: ~~; "- "-I ., ;,:z: ~ i 3." " ::"l ~; L,.- ,1' " I'. " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AILEEN KERRY VOHS, plaintiff v, CIVIL ACTION - LAW IN DIVORCE NO, 95-1162 CIVIL WILLIAM CHARLES vons, Defendant AFFIDAVIT OF CONSENT 1, A complaint in divorce under section 3301{c) of the Divorce Code was filed on March 6, 1995, 2. The marriage of the Plaintiff and Defendant is irretrievably broken and more than ninety (90) days have elapsed from the date of the filing of the Complaint in Divorce, 3. I consent to the entry of a final decree in divorce, 4, I understand that I may lose rights concerning alimony, division cof property, lawyer's fees or expenses if I do not claim .- " . them before a divorce is granted, 5, I understand that the costs of these proceedings will be paid for by Plaintiff, I verify that the statements made in this affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa, C, S. section 4904 relating to unsworn falsification to authorities, Date: July 6, 1995 U'"1 . en u:> '">-- .1=__ .! , ,......., 111("-,"' ~: f;~':: /:.1:: ~~ "..I :, .. j':'. .l. _ .~j I" t~ l;:-~ ,1.").'(1,. ~. i~ ,~ = "'-- N o -' => ..., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AILEEN KERRY VOHS, Plaintiff CIVIL ACTION - LAW NO, 95-1162 CIVIL TERM v, WILLIAM CHARLES VOHS, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice, 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa. C S, S4904 relating to unsworn falsification to authorities, Date: January 26, 1996 W ''lJro,l'I'l'\UI\l.Att tr. 0 t; C) -'- :~3f;: 1- .. U,Jg - - <-1';" ~ \f\':2 , .. (:;~ Of." fA~;~ r ~ .....'{) l:'l ":l .:,~ u. . "-1' 'h' u:lt': ::-; ~.: \.1) (-= .'_.h .\.1u... -, ;.~ \.I. lfl '3 0 (J'\ Aileen Ker.r.y Vohs, plainti ff III 111E COURT OF carll lUll PLUS OF CUHDERLAIID COUtlTY, PElItlS'iLVAIIIA tlO, 95-1162 CIVIL 19 95 , I , i ! I I ,: , , I, I: I I !: -oJs, William Char.les Vohs, Defendant PRAEClrE TO TIlAtlSlIlT RECOIlIl To the Prothonotary: Trnnsmit the record, tOllether \.Il.th the follo\.linll informntion, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievnble brenkdo\.ln under Section (201(c)) (XII1:(ll)JXl(JIJl of the Divorce Code. (Strlkl"! out Innpplicnble section,) 2, Date nnd manner of service of thl"! complnint: Mar.ch 10, 1995 by cer.tified mail 3, (Complete either pnrallrnph (n) or (b) ,) (a) Date of execution of the nffidnvit of consent required by Section 201(c) of the Divorce Code: by the plnlntiff June 27, 1995 by defendant Julv 6, 1995 (b) (1) Date of execution of the plnintiff's affidavit required by Section 201 (d) of the Divorce Code: (2) Date of service of the plaintiff's nffidavit upon the defendant: 4, Related claims pendinll: none 5, Indicate dnte nnd mnnner of nervice of the notice of intention to file praecipe to transmit record, nnd nttnch n copy of snid notice under section 20l (d) (1) (1) of the Divorce Code. Waiver of Notice fi led January 26, 1996 kC Attorney for (Plnintlff) (Ilef""dnnt) iT: <::l ~- [.- ,> ..:l' -, ;:;: ~- ci:) ~-Jc:t' lu~;l ('],c; (.),) <.,j'"1 .c ~ ..." fE-' C'l::J ~8 ..;....a ", ..~..,..q c__ I :-:J :;: u_ c' .... crl!1~ 0:, I::.l,-;J l>.J e.h.;., r::: I.;.. :::; II, \rJ Q C"l (:J ~' "l':':~~": :'1;; \ hili 1:1 1'1 N ". I' ,..,., 0 1 1 . u. "h III vi [~I _::i ,~~rJ"I'~. _ "a ...... I..... ( ~ ... .. \",.'. It..r - ) ""1'" ,~ .~ ,""' '\J l~..\..'t...", ~.,~- "'1';..- \" .' <J ..~. 1_, I"~ ( ,- I' ) \', ~\. ') 1\, '...... ...." ; '" <>l ~ ':I ~ rJ'J ':I ...: ~ t.> ..~CI)8 .gol!::; ::;:::;:E~ uollr:et:l; G~~~ :.::: ~- iE ==18 , , '" o ,. ~~ ~~ ,,;;, ~ 5 ~ -. ~~, .:: tti ~ u. c . '5.11 Jli! PIG :: " Cl::: ~ ~ / " '" .. <.0 !;; ~ !:: ~ ....: ..".. I. ~ 1.(;.Qj;C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AILEEN KERRY VOHS, Plaintiff CIVIL ACTION - LAW NO,. 95-1162 CIVIL TERM v. WILLIAM CHARLES VOHS, Defendant IN DIVORCE PRE-TRIAL STATEMENT OF DEFENDANT, WILLIAM C, VOHS AND NOW, this 29th day of August, 1995, comes the Defendant, William c, Vohs, by and through his attorneys, Broujos, Gilroy & Houston, and pursuant to Pennsylvania RUles of civil Procedure Number 1920,33(b) files his Pre-Trial Statement, and in support thereof states as follows: I, BACKGROUND The parties were married on August 16, 1991, in carlisle, Pennsylvania, On March 6, 1995, Plaintiff Wife filed a Divorce Complaint under Section 3301(c) or (d) of the Divorce Code, The parties are the parents of one minor child, Catherine Bayley Vohs, born August 28, 1993, On or about April 3, 1995, Wife filed a petition seeking exclusive possession, alimony pendente lite, and counsel fees. The Honorable William H. Kaye was specially appointed for a hearing which was scheduled for April 28, 1995, The parties reached an agreement at that hearing which provided, inter alia, that Wife would have temporary possession of the marital residence, that IHfe would receive temporary child support, and that outlined a temporary custody arrangement. All other issues raised were deemed resolved by this Agreement, which was entered as an Order of Court on April 28, 1995. Per that Agreement, Husband moved out of the marital residence on May 5, 1995, Wife has enjoyed possession of the marital residence since that time. On or about June 27, 1995, Wife filed a Petition for Economic Relief seeking equitable distribution, alimony, alimony pendente lite, counsel fees and expenses. On or about June 19, 1995, wife filed an affidavit consenting to divorce under Section . 3301(c) of the Divorce Code. On July 6, 1995, Husband filed a similar affidavit. Husband filed a motion for the appointment of the Divorce Master to resolve all the outstanding issues. This Pre-Trial Statement is filed pursuant to the August 7, 1995 directions of the Divorce Master, II, PRESENT INFORMATION 1, ASSETS: A. Real property: The marital residence is located at 1874 Douglas Drive, Carlisle, Cumberland county, Pennsylvania, It was purchased for $77,700 on July 31, 1992, Although owned by the entireties, the closing costs and the twenty (20%) percent down payment was paid by Husband'S father, William J. Vohs, This totaled $18,403, which consisted of the proceeds from the sale of Husband's non- marital mobile. home which was purchased by Husband's father in 2 II "" .n. · .i,.c' c',h cOn"ib"'ion "0. ""'b.,... "'h., , I' settlement. Th. P,im.,y mo't.... of 'h. m"i", "'i..nc. i, h'i, F"m." T,",t Comp'ny .n. ., Of A".",t 2,. "'5, 'h. hel., OWing Was $59,087, The Parties also have a home equity loan against the "oP.,ty 'h,o".h ",i.i.n .'nk. As of A"."., 2'. "'5, 'h. balance oWed on this second mortgage Was $2,914, ,t i. ""'b.n.', 'O'ition 'h., the clo.in. CO," .n. .0' "".n, w.,. .n '.v.nc. on hi, inh"i'.nc. "om hi, "'h." tho, 'ho",. not be con, i..,.. "'i", P'op."y. lbi, '.v.nc. to ""'hen. by hi, F.th., w.. m"O"'i,.. in W,itin. ., the ti.. ""'hen. "C'iv.. 'h.,. moni.s. At,". .n. co"'ct copy. thi, A'''.m.nt i, ""ch.. hee.to .. Exhihit "A". Altho"'h" '.v.nc. W., Pl.c.. in'o . Join, '.s." Con.i.""ion m"., h. .iv.n '0 the O'igin.tion of 'h... '"n..; fo, Witho", thi, ,.v.nc.. the P"'i., WO"'. not h.v. b'.n .bl. to P",ch.,. th, marital residence. ""'bend beli.v., th., the v"". 0' 'h. m',i", ,..i..nc. i. $,...... Th"s, th.,. i, 'PP'o'i'""y $1',... of .q"ity in 'h. ',op."y ., 0' A"g",t 2" "'5. '"i, i, no' 'v.n 'no"gh ""ity fo, ""'b.n. to "c'iv. 'h. '.t"'n of th... moni., '.v.nc. by hi. father. J B. Vehicles: Husband owns a 1988 Chevrolet 8-10 Blazer, purchased prior to the marriage, This vehicle is non-marital, wife leases a 1995 Toyota camry in her name alone, This vehicle was a replacement vehicle for a jointly held 1994 Toyota Camry which Wife totaled in an accident after separation. That accident occurred on April 7, 1995. Wife received at least $15,500,00 from the parties insurance carrier which was used toward the payoff and new lease. This asset is marital. present value and equity are unknown, C, personal property: At the time the parties agreed to separate, the parties equitably divided their personal property to their mutual satisfaction, 2, EXPERTS: Husband anticipates the need to call a property appraiser to set forth the value of the real estate and actuary to value Wife's pension, Husband reserves the right to supplement the list of expert witnesses as appropriate. 3, WITNESSES: Husband, Wife, Husband's father, and witnesses as identified above, Husband reserves the right to supplement his list of witnesses if necessary, 4 4, EXHIBITS: Husband anticipates offering the following exhibits at the hearing: Husband and Wife's Income/Expense Statement; Inventory/Appraisement; Husband and Wife's 1994 Federal income tax returns; Property appraisal; Wife's Retirement statement; Various documents from the purchase of the marital residence; and Various credit card statements. Husband reserves the right to supplement this list if necessary. 5. INCOME INFORMATION: Husband is self-employed as an attorney with the law firm of Hanft & Vohs. Please see attached Income/Expense statement. Wife is employed as a probation officer with Cumberland county. She enjoys an income of over $33,000 per year, Throughout the marriage, Wife always earned more than Husband, She currently earns significantly more than Husband. 6, EXPENSE INFORMATION: Please see attached Income/Expense Statement. 7. PENSION/RETIREMENT BENEFITS: Husband does not have any retiremant or pension plan. Wife is employed as a probation officer with Cumberland County, and participates in the County retirement system. The present value of wife's retirement benefits is unknown. The coverture fraction 5 representing the value of Wife's retirement benefits which is marital is 4/11 or 36.36%. 8, COUNSEL FEES: Neither party is entitled to an award of counsel fees, 9. ITEMS IN DISPUTE: Husband's investment in the marital residence and the division of the marital debt. 10, MARITAL DEBTS: other than the aforesaid mortgages, the parties have the following marital debt: A, Chase Visa: $5,012.10 (which includes Wife's $263,42 cash advance allegedly used for her counsel fees); B, Bailey'S Jewelers: approximately $2,000.00 (all for jewelry which is in Wife's possession); C, Brenner Furniture: approximately $600.00 for a bed, which is in Husband's possession, and which was in exchange for the china cabinet purchased during the marriage that is in Wife's possession and which is paid in full, Interest continues to accrue on all of the marital debt. Husband reserves the right to supplement this list on the date of hearing, 6 11, PROPOSED RESOLUTION: The marital residence should be sold, with the initial proceeds going toward Husband's advance from his father, Any remaining proceeds should be applied toward the marital debt, The debt to chase Visa should be divided equally; the debt to Bailey's Jewelry should be paid by Wife or the Jewelry returned to the merchant in exchange for the balance owed. The debt to Brenner furniture should be divided equally. Wife should receive her vehicle and Husband should receive his vehicle, without regard to valuation, The coverture fraction should be applied to Wife's pension, and the marital portion should be divided equally. Neither party is entitled to an award of counsel fees or alimony, Respectfully submitted, BROUJOS, GILROY & HOUSTON Hubert X. Gilroy, Esquire 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 7 , ~ ,...,_'*F...hV......_. .,.. ~ ~'-,_---,_.", --:~, ~-=",,~~~ " , , " , ", INCOME AND EXPENSE STATEMENT OF WILLIAM C, VOHS INCOME Employer: Address: Hanft & Vohs 11 W, Pomfret street, suite 2 Carlisle, PA 17013 Attorney Varies $1150.00 per month 175.95 32,20 11. 50 Unknown Type of Work: Pay Period: Average Gross: Self-Employment Tax: State Tax: Local Tax: Federal Income Tax: Net Pay per Month: $930,35 EXPENSES Rent: utilities: Personal property Taxes: Automobile: Student loans: Clothing: Food: other household items: credit payments/loans: Child support: Total: $275,00 110,00 50.00 300,00 71. 20 68,00 134,00 20.00 150,00 360.00 $1,543.20 8 EXHIBIT" A" AGRnE~NT BETWEEN WILLIAM JOSEPH VOHS AND WlLLlAH CHARLES VOHO July 22, 1992 'l'HIS I\OIH~EI1ENT I between W1lliam Joseph Vohs (herelnafter "F~ther"l and William Char lee VOh5 (hereinafter "son"), in oonsideratlon of one dollar 1$1,00) PQld to each other, receipt thereof i8 acknowled9cd, agree to the fo1lowlngl 1. ~ather a9[ec~ to advance Son Eleven ThousQnd Dollare IU1,OOO.OOI of hill share of expected inheritance of Fother's Estate, by releo6lng ~ first lien on a cert~ln mobile home title~ SOlely In ~on'B name, 2. rather agree~ to ~dvance Son Fifty Dollars (~6,7S0,OO) of inhcritancc of Father's Eetate, Six Thousand Seven Hundred hie shQrc of expected either pay the amounts repreDented in in a) monthly payments, b) a lump-sum D set off of Son'G expected inheritence . 3. Son agrees to paragraphs .1 and '2 paymont(s), OR c) aB of Fathex's Estate. 4, The effect of this Agtllement is for the Boie purpose of Father helping Son o;tabllsh himself after ta~lh9 the pennsylvania Bar Exam and In no W^y expresses any intent whatBoever to benefit any other person than son. 5, No other pets on is intended to be a creditor or donee ben~fieiary of thie Agteement, and in the event such person attempts t:q~plac:e a Hen, encumbrance, ot any other attachment t~ I:heGo fun~B, or llBserts Dny ownership, control or interest in theDe funds (or In the property directly pUtcha.od with theee fundi) these ADVANCES shall Immediately xevert bllc:k to Father, his hdrs and us llilns, and Son III indebtedness will thereafter be destroyed and forgiven. 6. speoifically, this Agteement is made contemplation of purchasing a residence with and his ~ife haVing no funds available for Father has allowed Bon to take an advance inheritance, Bolely to benefit Bon. with son'a hh wlfo; Son a downpayment, on HIS cx~ected '. ~# '!).3/1~ /lj;;!'/;... R-.Id-fr, ~ 7P3/12- I?atrlcill G. Voh!!' wI/ d, lif 7/.23/7:L William C, Vohs TOT'l_ ",~? CERTIFICATE OF SERVICE AND NOW, this 29th day of August, 1995, I, Hubert X. Gilroy, Esquire, hereby certify that I have this day filed the original with the Divorce Master and served the following person with a copy of the foregoing document, by depositing same in the United states Mail, First Class, Postage prepaid, addressed as follows: Samuel L, Andes, Esquire 525 North Twelfth Street P.O, Box 168 Lemoyne, PA 17043 BROUJOS, GILROY & HOUSTON Hubert X. Gilroy, Esquire Attorney ID No. 29943 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 9 , i ' v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 95.1102 CML TERM : IN DIVORCE ~ ' AILEEN KERRY VOHS, P1nlntiJT ~ ' WILLIAM CHARLES VOHS, Defendant P 1 PRE.TRIAL STATEMENT OF PLAINTIFF, AILEEN KERRY VOHS AND NOW. comes the P1nlntlJT, Aileen Kerry Vohs, by and through her attorney, Ron Turo, Esquire, who files the following Pre.Trial Statement pursuant to the Pennsylvania Rules of Civil Procedure 1920.33(b), 1. Baekaround. The parties, Aileen Kerry Voha and William Charles Vohs, first lived together in approximately January 1990 in Carlisle, Pennsylvania. During that time, Aileen Kerry Voha was employed llll a Probation Officer for the Cumberland County Probation Department. The Defendant, William Charles Vohs, Wllll enrolled in the Dickinson School of Law to become an attorney. The parties were married on August 10, 1991 after which time Kerry Vohs continued to provide the almost exclusive support of the Defendant including payment of bills, expenses, books, and fees. In June 1992, the Defendant graduated from Jaw school and ultimately took a position with the law fU'lll of Snldis, Guido & Mnsland in Carlisle, Pennsylvania. On March 0, 1995, Kerry Voha flied a Divorce Comp1nlnt and ultimately the parties executed Affidavits of Consent for Divorce, In April of 1995. following the P1nlntlJT's Petition for Exclusive Possession, Alimony Pendente Lite, and Counsel Fees, the Honorable William H. Kaye was specin1ly appointed for hearing and the parties reached an agreement providing possession of the marital residence to wife, temporary child support, and a temporary custody agreement. Following this hearing, the husband removed himself from the marital residence on May 5, 1995. The parties have been separated ever since, , In June of 1995, the wife filed a Petition for Economic Relief seeking equitable distribution, alimony, nlimony pendente lite, counsel fecs, and expenses. These matters are now before the Mllllter for disposition. , ,'. ' , '_' .,...,,~ ,.". ';..l':'::~~:::;""=:;:-~-' '...."...,. . Ii I 2. Ileal l'rollCrty, The marital residence Is located at 1874 Douglns Drive, Carlisle, Cumberland County, Pennsylvania. It WIlS purchased for $77,700.00 on Juiy 31, 1992. The property is owned by the entireties and was purchased, in part, by a gin to the marital estate from the husband of $18,000,00. ThIs down payment and giI\ is clearly marital property and wife requests appropriate distribution of her share in the down payment of equity, Farmers Trust Company holds the mortgage with a current balance of approximately $69,000.00 and the parties wso have a home equity loan through Meridian Bank with an approxil11llte balance of $2,900,00 for total indebtedness of $62,000,00. Wife believes the vwue of the marital residence is $78,000.00, thus leaving approximately $16,000,00 of equity for distribution. 3, Vehicles. The parties are each in possession of a vehicle. Therefore, there Is no need to distribute these vehicles with approxil11lltely similar values, 4. pcrsonal Property. The parties have divided to their SIItisfnction nil personnI property. 6. Expcrts. The parties l11lIY need to utilize a property appraiser to set forth the value of the reol estate and an actuary to value wife's pension. Husband received an approximate $2,000,00 pension payout at the time of his leaving of Saidis, Guido and Masland amI that amount wI1l have to be factored into equitable distribution. 6. WltncssCfl, Wife should expect that she would testify, her husband, and O11y other witnesses Identified above. Wife reserves the right to supplement this list as necessary. 7. Exhibits. Wife O11ticipates olTering Income and expense statemenlll, Inventory and appralsements, the parties' joint federal Income lax returns, as well os eneh party'slndividuaIlncome lax return, property appraisal, wife's retirement statement, husband's 401(k) statement, and other statements ns necessary, 8. Income Information. See parties' Income and expense Information. 9. Pension Retirement Bencfita. Wife hIlS requested Information on husband's retirement or pension plan that he liquidated when he len his former law firm, She oIso has requested Information on his current retirement or pension plan with his new firm. 10, Counsel FcCfl. The wife will request an nward of counsel fees. . . Ii II I 12. opproxlmately $5,000,00, Bolley's Jewelers of opproximotely $300,00 and Brenner Furniture value 11, lI.ems In Dispute. None known ot this time, I' , I Marital Debts. The parties BOy the following marital debts, Chase VISA card of I, unknown, 13, Husbond's Business. The husband Is the partner in a low firm of Hanlt & Volts. The value of the business is unknown ond the wife reserves the right to call on expert oppralser to establish the value of the business. The business was oequlred during the mnrr10ge ond thus Is marital property ond subject to distribution. 14, Proposed Resolution. Wife hos requested that the husband sign over to her the marital home ond she would take full responsibility for the fll'st ond second mortgages, ss well 88 all unpaid real estate taxes, Husband will be responsible for the Chose VISA card of approximately $5,000,00 which is in his possession ond wos utilized by him nImost exclusively, Wife will be responsible for the BaIley's Jewelers bill of npproximotely $300,00, Husband, fmolly, will be responsible for the Brenner Furniture I blll, In return, the Wife will plly the Husband the sum of $2,000,00 as full ond complete liquidation of all !interest thot he may hove the morital estate, If the Husband occepts this proposed resolution, the Wife will remove her claim her counsel fees ond expenses ond ony other claims she has pending before the Msster. Ii I i I I I I , , I Ii [I II Ii Ii " Ii I' I' 'I ii I: I' ,I i: " :: Ii Respectfully submitted, . ' /01s-/9'S- ~' Dote Ron Turo, Esquire 32 South Bedford Street Corllsle, PA 17013 (717) 245.9688 Attorney for PlolntlfT . -. ,.-, ,. ". '-,/ - . AILEEN KERRY VOHS, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA I : NO, 95-1162 CIVIL TERM I, ~. I v, WILLIAM CHARLES VOHS, Defendant : IN DIVORCE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - : IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - SUPPORT : DOMESTIC RELATIONS SECTION : : NO, 28 SUPPORT 1995 AILEEN KERRY VOHS, plaintiff v, WILLIAM CHARLES VOHS, Defendant IN RE: AGREEMENT ORDER OF COURT AND NOW, this 28th day of April, 1995, upon the agreement of the parties as expressed in open court, we hereby order as follows: I, The Plaintiff, Eileen Kerry Vohs, is awarded exclusive possession of the residence at 1874 Douglas Drive, Carlisle, Pennsylvania, effective Saturday, May 6, 1995, Mr, Vohs will vacate the premises no later than 5:00 p,m, on Saturday, May 6, 1995, The wife will have exclusive possession thereafter, provided, however, that she execute and file an affidavit of consent with the Court in this divorce action prior to June 30, 1995, Both parties have agreed to execute and file those consents, If Mrs, Vohs does not do so, the order for exclusive possession will dissolve automatically at midnight on June 30, 1995, II, This Court will enter contemporaneouslY herewith - . an order for support on the terms to which the parties have agreed, Those terms are that Mr, Vohs will pay $360,00 and no cents per month as child support for the parties' minor child, Catherine Bayley Vohs, born August 28, 1993, The order will be effective on the 1st of May, 1995, and payments shall be made on or before the 5th of each month, The order will be administered by the Domestic Relations Office, to which all payments will be made, This order is a temporary order only, and we make no findings ae to the incomes or income potentials or expenses of the parties, This order is entered without prejudice to either party to seek a modification of the support order which is to be entered contemporaneously herewith, and the Domestic Relations Office of Cumberland County will schedule a conference to review that order upon the request of either party prior to June 30, 1995, The monthly payment provided for by this order includes the father's contribution to the child-care expenses of the child, Further, in addition to the payment to be made for the month of May, Mr, Vohs shall pay one installment which is due on the home equity loan which encumbers the residence within ten days of the date of this order, III, The parties have agreed upon an order and schedule for custody of their minor child who is named above, Accordingly, we hereby enter the following order for custody of the child I A, The parties shall share legal custody of the ,~ ohild. B. The parties shall share legal oustody of their minor ohild with the mother having all periods of custody exoept the following, whioh shall be the father's periods of custody of the ohild: 1, Alternating weekends, from Friday at 4:00 p,m, until Sunday at 6:00 p,m" oommencing on Friday, April 28, 1995, 2, Ol1e overnight eaoh week, If the parties are unable to mutually agree on another night, the oV0rnight shall be from Tuesday at 6:00 p,m, until Wednesday at 4:00 p,m, Mr, Vohs may, at his e1eotion, deliver the ohild to ohild oare on Wednesday morning, 3, Alternating holidays, with the holidays being New Year's Day, Presidents' Day, Easter, Memorial Day, July 4th, Labor Day, Columbus Day, Veterans' Day and Thanksgiving Day, oommenoing with the father having the July 4th holiday in 1995, If the father'e holiday falls on his weekend or is oelebrated on Monday, father shall return the child at 6:00 p,m, on that Monday, 4, Over the Christmas holiday eaoh year, alternating Deoember 23rd at noon until Deoember 25th at noon and from Deoember 25th at noon until Deoember 27th at noon, oommenoing with the mother having the first period, being Deoember 23rd to Deoember 25th in the year 1995, ..... 5, Either the day before or the day after, at the father's election, the child's birthday, which is August 28th, 6, Two nonconseoutive weeks during the summer, with reasonable notice to the mother, The mother shall also be entitled to two nonooneeoutive weeks during the summer, with reasonable notice to the father, of time with the child uninterrupted by the father's periods of temporary oustody, It is specifically agreed that a week may begin immediately following a party's weekend and therefore result in more than a full seven-day period, This will enable eaoh party to travel and enjoy vaoation for a longer period of time, 7, Eaoh Father's Day, with the understanding that the child shall be with the mother every Mother's Day, This order is entered without prejudice to either party to seek a modifioation of this order at any time in the future, IV, This order resolves all matters called or scheduled for a hearing at this time, By the Court, (,,~(,I \(, William H, Kaye',) J" Visiting Judge Samuel L, Andes, Esquire Counsel for Plaintiff Islr a.~J "~;:~ Hubert X, Gilroy, Esquire .' Counsel for Defendant tbra,-, ""'I~f1.." . ~ DRO '" i}t,:;'(~" ,/"...~/ I ...., r.n ~ 't" ..i -") "., """) l.... - -, ::; ~, JOHN H. SROUJOS HUBERT X, CILROY CHRISTOPHER C, HOUSTON BROUJOS, GILROY 8 HOUSTON, P. c. A1TOIlNEY5 AT lAW ,1 NOIlTH H^NOVt:.R STREET ~JlLISLE. PENNSYLVANIA 17013 717..2.13..1574 NON-TOLL fOR H^RRI.sDURG ARE^ 117-760.1600 FA'<1243a6221 September 1, 1995 E, Robert Elicker, II, Esquire Divorce Naster 55 West Church Avenue Carlisle, PA 17013 RE: Vohs v Vohs Dear Bob: Enclosed for filing is our Pre-Trial Memorandum in the above matter, yours, H ph Enclosure cc: Sam Andes, Esquire William C, Vohs, Esquire Law Offices of Ron Turo RON TURO, Esquire ROBERT J, MULDERIG, Esquire ROBERT P. KLINE, Esquire DAVID J, SPOTTS, Esquire 32 South Bodford Street Carlisle, Pennsylvania 17013 (717) 245-9668 (800) 662-gna FAX (717) 245-2165 September 15, 1995 E, Robert EUcker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, P A 17013 RE: Vohs v. Vohs No, 95-1162 Civil Term Dear Mr. EUcker: Enclosed please rmd a praecipe in which Sam Andes has withdrawn his appearance on behalf of the P1aIntilT and I have entered my appearance effective September 13, 1995. I understand that this matter has been scheduled for hearing in November and thst the Defendant has med a Pre-Trial Statement. I will be meeting with Mr. Gilroy to attempt to update myself on this matter, as well as to seek some settlement terms and would appreciate an extension of time within which to me a Pre-Trial Statement once I have a more complete understanding of the entire circumstances of this case. Consequently, I would appreciate your permission to me a Pre-Trial Statement on or aIler October 9, 1995. If this time is convenient, I am sure you will advise. Otherwise, I will be glad to discuss with you any other arrangementa that you feel would be appropriate to continue to move this matter forward. I sincerely thank you in advance for your anticipated cooperation and look forward to hearing from you once you have had an opportunity to review the above, RT/kSm Enclosure cc: A. Kerry Vohs Hubert X. Gilroy, Esquire ") /\ ' . ' \ \ \ " \, :';", \ 'iI'J', \ l-J~)\l'i\ " I " I (,' I ( ,:t' \ '," I- , '\' 1',\1 '- I' , i ...- , ,; I,w' : , I 1''.[-< h\~ {H~'{j~ ' r}:, Wi --:" \ \\1',.. \( (, '--- (,\' \' ' \,p 0" ~j . i _'-J._c.J' Ii, ,~ \r I I, \ ~ \ t : ) '-1'~ , , \ , '\LI,' (. -.\ \ \ o( /0 '\ \. ,- ~. I' ; , j'i' JOHN H, DROUIOS HUDERT X. GILROY CHRISTOPHER C, HOUSTON BROUlOS, GILROY 8 HOUSTON, P. c. "'TI'ORNEYS AT LAW ., HORTlI I,^NOVlll\. ~TltttT CA/lI.151.E. I'ENN5\'lVANI^ 17013 1I1.;MJ..m7.1 NON. TOll. rOR 1I^f\R.IShUflC ^R.E^ 717.700.1000 r^",124J.8~;!7 September 28, 1995 E, Robert Elicker, II, Esquire Divorce Master Cumber.land County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Vohs v Vohs Dear Bob: I have received your notice scheduling the Pre-Hearing Conference in the above matter for November 20, 1995, At this time, I have a trial scheduled to start on that date, However, because of the nature of criminal trials in Cumberland County, we may not start until later that morning, Accordingly, I would suggest we leave the Pre-Hearing Conference on as scheduled for November 20, However, I wanted to alert you that there may be a requirement for a last minute change of the scheduled time, ph cc: William C, Vohs Ronald Turo, Esquire " _'. ,~..,~_.. . . , " .;.,,,.t.......~~= .,:::n..:.~ -- :....1. Law Offices of Ron Turo RON TURO, Esqulra ROBERT J, MULDERIG, Esquire ROBERT p, KLINE. Esquire DAVID J, SPOTTS, Esquire 32 South Bodford Street Corllsle, Pennsylvonla 17013 (717) 245.96BS (BOO) 562.977B FAX (717) 245.2165 October 5, 1995 E. Robert Elicker, II, Esquire Divorce Moster 9 North Hanover Street Carlisle, PA 17013 RE: Vohs v. Vohs No, 1162 Civil 1995 Dear Mr. Elicker: Enclosed please rmd the Pre-TrIal Statement of Plaintiff, Aileen Kerry Vohs, In the above- captioned action, I appreciate your willingness to provide me the additional time to prepare this document based on my recent entry Into the case and I look forward to meeting with you at the Pre-Hearing Conference scheduled on November 20. 1995 lit 9:30 A.M. If you have any additional requlrementa in the meantime, please do not hesitate to contact - RT/ksm Enclosure cc: Hubert X. GUroy, Esquire A. Kerry Vohs ~r~ "O~/-' < \L\() . \\'\- \\\ FAX COVER SHEET TO: JUDGE KAY TOTAL # OF PAGES: 8 C/O BILL SHEAFFER (Including Cover Sheet) FAX #: 717.261.3854 FROM: Thomas E. Chefflns Court Administrator RE: VOHS v. VOHS DATE: April 11,1995 '. \ AILEEN KERRY VOHS, Plaintiff v WILLIAM CHARLES VOHS, Defendant : IN THE COURT OF COMMON PLEAS.OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW 95-1162 CIVIL TERM IN DIVORCE AND NOW, this ~O DER APPOINTING MASTER I ~l . ~ day of , 1995, E. Robert ",--- Elicker, II, Esquire, is appointed Master with respect to the following claims: A-e.-Q cQ CLL-..^~ By Jhe cour:- II r - O..-'-1~ ~ -=- - ~ II"--- \ J. I~UG 4 12 ".1 '95 ,I . ,Ii'" , , , , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AILEEN KERRY VOHS, plaintiff v. CIVIL ACTION - LAW IN DIVORCE WILLIAM CHARLES VOHS, Defendant NO. 95-1162 CIVIL MOTION FOR APPOINTMENT OF MASTER AND NOW, this 14th day of July, 1995, comes the Defendant, william Charles Vohs, by and through his attorney, Hubert X. Gilroy, Esquire, and moves this Court to appoint the divorce master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony (X) Alimony Pendente Lite (X) Distribution of property ( ) support (X) Counsel Fees (X) Costs and Expenses and in support thereof states: 1. Discovery is complete as to the claim(s) for which appointment of a master is requested. 2. The Defendant has appeared in the action by his attorney, Hubert X. Gilroy, Esquire. 3. The statutory qrounds for divorce is section 3301(c). 4. Delete the inapplicable paragraph(s): (a) ~he aotioR io Rot eORtooted. (b) An agreement has been reached with respect to the following claims: None. (c) The action is contested with respect to the following claims: equitable distribution, alimony, alimony (".""lV".'" '1I'l.flI/\I1UltMMnll,n . pendente lite, counsel fees, and expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take ~ day. 7. Additional information, if any, relevant to the motion: None. Respectfully submitted, BROUJOS, GILROY & HOUSTON re c \....lv,I.\\IIBU..lllyll~n.kUlu'n '* OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Slreet Carlisle, PA 17013 (717) 240.6535 West Shore 697.0371 Ex!. 6535 E. Robert Ellckor, II Divorce Masler Tracl "0 Colyer Office Manager/Reporter Samuel L. Andes, Esquire ANDES, VAUGHN & BANGS 525 North Twelfth street P.O. Box 16B Lemoyne, PA 17043 RE: Aileen Kerry Vohs vs. William Charles Vohs No. 95 - 1162 In Divorce August 7, 1995 Hubert X. Gilroy, Esquire BROUJOS, GILROY & HOUSTON 4 North Hanover Street Carlisle, PA 17013 Dear Mr. Andes and Mr. Gilroy: By order of Court of president Judge Harold E. Sheely dated August 1, 1995, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on March 6, 1995, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. Both parties have signed and filed affidavits of consent so that grounds for divorce are not an issue. On June 27, 1995, a petition for economic relief was filed on behalf of the Plaintiff raising the economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pre-trial statement on or before Friday, September 1, 1995. Upon receipt of the pre-trial statements I will immediately schedule a pre-hearing conference with counsel Mr. Andes and Mr. Gilroy, Attorneys at Law 7 August 1995 Page 2 to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: sanctions for failure to file the pre-trial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COpy SENT DIRECTLY TO OPPOSING COUNSEL. AILEEN KERRY VOHS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY~VANIA CIVIL ACTION - LAW VS. NO. 1162 CIVIL 1995 WILLIAM CHARLES VOHS, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Samuel L. Andes , Counsel for Plaintiff Hubert X. Gilroy , Counsel for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover street, carlisle, Pennsylvania, on the 20th day of November, 1995, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 9/12/95 E. Robert Elicker, II Divorce Master Samuel L. Andes, Attorney for Plaintiff, has not filed a pre-trial statement as of the date of this notice. Mr. Andes has indicated he is no longer representing the Plaintiff and, therefore, a notice has been sent directly to the Plaintiff. Hubert X. Gilroy, Attorney for Defendant, filed a pre-trial statement on September 6, 1995. AILEEN KERRY VOHS, Plaintiff IN 'l'IlE COURT OF CONNON PLEAS 01' CUNBERLAND COUNTY. PENNSYLVANIA \'" ~ . CIVIL ACTION - LAW NO. 1162 CIVIL 1995 WILLIAM CHARLES VOHS, Defendant IN DIVORCE OHIlI;!! AND NOTICE SE'l"rING BEARING To: Aileen Kerry Vohs Ron Turo , Plaintiff . Counsel for Plaintiff . Defendant . Counsel for Defendant William Charles Vohs Hubert X. Gilroy You arc directed to appear for a hearing to take tostimony*on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce f1aster, 9 North Hanover Street. Carlisle, Pennsylvania. on the 29th day of January , 1996, at 9:00 a.m., at \~hich place and time you will be given tne opportunity to present witnesses anrt exhibita in supp0rt of your case. By the Court. ~~~5 Harold E. Sheely, Dale of Notice: ore~f..'pd \1~ By: Divorce Naster 1 F YOU DO NOT HAVE A LAl1YER Oil CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELO\1 TO FIND OUT WHERE YOU eM, GET LEGAL HELP. * Testimony will be limited to the issues of date of separation of the parties and misconduct as it relates to Plaintiff's alimony claim. Court Administrator Fourth Floor, East Wing Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 marital AILEEN KERRY VOHS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1162 civil 1995 vs. WILLIAM CHARLES VOHS, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Monday, November 20, 1995 Present for the Plaintiff, Aileen Kerry Vohs was attorney Ron Turo, and present for the Defendant, William charles Vohs was attorney Hubert X. Gilroy. A divorce complaint was filed on March 6, 1995, raising grounds for divorce of irretrievable breakdown of the marriage. On June 27, 1995, the Plaintiff filed an affidavit of consent and on July 6, 1995, the Defendant filed an affidavit of consent. The divorce, therefore, can proceed to conclusion under Section 3301(C) of the Domestic. Relations Code. On June 27, 1995, the Plaintiff filed a petition for economic relief raising the economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. The parties were married on August 16, 1991. The date of separation may be an issue and, therefore, the first hearing to be scheduled in these proceedings will involve testimony on the date the parties separated, whether that be March 6, 1995, when the divorce complaint was filed; or May 5, 1995, when the husband left the marital residence; or prior to the date of the filing of the divorce complaint. The parties are the natural parents of a child, catherine Bayley Vohs, born August 28, 1993. with respect to the alimony claim of wife, marital misconduct may be an issue and, therefore, the hearing on the date of separation issue will also include testimony on marital misconduct. The issue with respect to marital misconduct is whether or not husband was having an extra marital affair prior to the date the parties separated. Wife residence at 1B74 the minor child. is in her early 30s and lives in the marital Douglas Drive, carlisle, Pennsylvania, with She is a probation officer with Cumberland I 1 I I . i i, county and has a Bachelor's Degree. Her annual gross income is around $33,000.00. The parties had a hearing on the issue of child support and the decision on that issue is pending. One of the issues in that hearing was whether or not husband should be attributed an earning capacity over and above what he claims his current income is presently. Wife does not complain of any health issues. Husband is in his early 30s and resides in an apartment in carlisle with a female friend. Husband is currently receiving his mail at his law office at 11 West Pomfret street, Carlisle, pennsylvania. Husband has a J.D. Degree from the Dickinson school of Law and is a practicing attorney in a partnership with Michael Hanft in Carlisle. Husband is claiming his annual gross income is $12,000.00; Mr. Turo, however, is concerned that there are expenses that the law firm is claiming which are not explained and which may be income benefiting the partners without being charged as income as opposed to expenses. Mr. Turo indicated that he and Mr. Gilroy may be able to agree that Mr. Hanft, the partner, can be deposed in order to have him explain the expense and income situation in the law firm since apparently Mr. Hanft is involved in managing the partnership expenses. Inasmuch as there is some question about income and expenses Mr. Turo has not yet determined whether it is appropriate to spend the money to value husband's interest in the law practice. He will be able to make that decision after he has had an opportunity to inquire into the expenses and income of the partnership. Husband does not complain of health issues. The parties own a home at 1B74 Douglas Drive, carlisle, Pennsylvania, where wife is residing. Husband has placed a value on the home at $BO,OOO.oo and wife has placed a value on the home at $7B,000.00. Counsel have indicated that they may be able to stipulate to the value without having an appraisal. There is currently a mortgage against the property in favor of Farmers Trust in the amount of $59,000.00. In addition, husband is claiming that he should be given some consideration for the fact that at the time the house was purchased $lB,400.00, representing the down paymen~, was provided from the sale of a premarital mobile home and other money from his father. The money, as counsel agree, was put into a marital asset; however, the Master can consider the source of funds from nonmarital assets placed into a marital asset in making a recommendation regarding percentage of distribution. The premarital contribution into a marital asset will not, however, permit an out right credit of monies put into the marital asset from the nonmarital funds. When husband left his former employer he received some monies from his retirement fund, between $2,000.00 and $3,000.00. According to his counsel, those funds were utilized in opening up his law partnership with Mr. Hanft. wife has a pension with Cumberland County and counsel are going to provide a statement of her interest in the plan. Counsel probably will be able to determine the percentage of that plan which is marital and then, if necessary, have a valuation accomplished to determine the value of the plan at the date of separation. According to counsel, the household tangible personal property has been distributed between the parties and we will not need to address that issue. Neither will we need to address any issue with respect to vehicles. The parties have listed some marital debt on their pre-trial statements. The debt to Chase Visa is stated at around $5,000.00 although husband apparently placed some charges on that account after separation (the date of separation to be determined). Once the date of separation is determined then we should have a statement from chase Visa at that time to see what was charged on the account, which would be the marital debt. Also listed is a bill to Bailey'S Jewelers which counsel have indicated has been taken care of and a debt to Brenner Furniture. No amount owing to Brenner Furniture has been provided. It appears in trying to resolve this case that with respect to the equitable distribution if wife wishes to remain in the marital home she will have to pay some sum of money to husband. Wife has offered the sum of $2,000.00 as part of her settlement proposal but husband has yet to make a counter- proposal indicating what he is willing to accept. The Master encourages husband to develop a figure so that meaningful settlement negotiations can begin. A hearing is scheduled for Monday, January 29, 1996, at 9:00 a.m. to take testimony on the issues of the date of separation of the parties and the factor of marital misconduct as that factor relates to wife's alimony claim. Notices will be sent to counsel and the parties. Because of counsels' trial schedule, counsel appeared at B:OO in the morning with the Master and dictation of the pre-hearing conference memorandum was done after counsel left the Master's Office. If counsel wish to make any corrections or changes to the memorandul~, they can do so by a letter to the Master with a copy to opposing counsel. E. Robert Elicker, II Divorce Master cc: Ron Turo Attorney for Plaintiff Hubert x. Gilroy Attorney for Defendant AILEEN KERRY VOIIS, I IN TilE COUR'r OF COMMON Plaintift ) PLEAS OF CUMBERLAND I COUNTY, PENNSYLVANIA V5. I I CIVIL ACTION - LAW I WILLIAM CIIARLES VOIIS, I NO. 95-1162 CIVIL TERM Defendant I IN DIVORCE ORDER OF COURT AND NOW thi5 I. J /1 day of II (').( I {--. , 1995, a hearing is hereby 5cheduled in the above matter to be held in Court Room No. ~ of the Cumberland county Court House q~ in Carlisle, Pennsylvania, commencing at __ o'clock ~.m., on the 2KJ!!. day of AI',q/L , 1995. 7/tio eM€. /... 10 k Al'ard 6'1 Juche.. ka.ye.. BY TilE COURT, IjL~1 /-~ . r(! ~ J. , . . . ~ "'-'.., 'to _ ' - .J_:'*:::-::::--:-.:~--:-:::::"' . ',.,,: MR 10 3 26 PH '95 II', 01' , " . r y I/#/;~~ltf~(. t:,~1 ~~~7 Ilf{l'.iJ/ ~S'. C~,,~.;J I/.I/It/i) '1{tfr'i(.e /I/~ it a-~ r.,fJd!I<t'!/ AILEEN KERRY VOIIS, ) IN T/lE COURT OF COMMDN Plaintiff ) PLEAB OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs. ) ) CIVIL ACTION - LAW ) WILLIAM C/lARLES VOIIS, ) NO. 95-1162 CIVIL TERM Defendant ) IN DIVORCE PETITION FOR AI.IHONY PENDENTE LITE. COUNSEl. FEBS. AND BXPENSES AND FOR EXCLUSIVE POSSESSION OF RBAL ESTATB AND NOW comes the above-named Plaintiff, by her attorneys, Andes, Vaughn & Bangs, and petitions the Court as follows: COUN'l' I - EXCLUSIVE POSSESSION OF REAl, ESTATE 1. The Petitioner herein is the plaintiff, Aileen Kerry Vohs, and the Respondent herein is the Defendant, William Charles Vohs. 2. The parties own a single family residence at 1874 Douglas Drive in the Borough of Carlisle, Cumberland County, Pennsylvania, where, prior to the current marital problems. both of them resided with their minor child. Catherine Bayley Vohs, born 28 August 1993. 3. Since sometime in late 1994, the parties have been physically separated in that they have not slept, eaten, or socialized together and they have maintained entirely separate lives. Plaintiff continues to reside in the residence at 1874 Douglas Drive and the Defendant spends many nights sleeping there, but does not spend large amounts of time there otherwise. 4. The Defendant has been conducting an affair of a sexual and romantic nature with another woman not his wife. Ilefendant frequently spends evenings or most of the night with his paramour and then returns to the residence at IB74 Ilouglas Drive. 5. Defendant has failed to pay his f.air share ot the expenses necessary to ,maintain the household at the rosldence at 1874 Ilouglas Drlvll. i I II /Ie has kept his earnings to himself and has failed to share those with the Plaintiff or to contribute his reasonable and fair share of the expenses of maintaining the household. 6. Plaintiff believes that the continuing presence of the Defendant in the family residence is detrimental to both parties and to the minor child of the parties, particularly with regard to the hostility and antagonism that his presence in the house, while he conducts an affair with another woman, creates for both parties. VHBRBFORB, Plaintiff prays this Court to enter an order excluding the Defendant from the residence at 1674 Douglas Drive in carlisle, Pennsylvania, and to award the Plaintiff exclusive possession of said residence. COUNT II - ALIHONY PENDENTB LITB. COUNBBL FBBS , AND BXPRSBBS 7. The parties are currently engaged in a divorce action and Plaintiff, while gaihfully employed, is unable to meet her own living expenses, debt service reqUirements, and costs of this litigation. 6. The Defendant is self-employed as an attorney and has actual earnings, or earning capacity. tar greater than that of the Plaintiff. The Defendant can well afford to contribute to the Plaintiff's support and maintenance and help her pay the costs of this litigation. WlIBRBFORB, Plaintiff prays this Court to award her such alimony pendente lite and counsel fees and expenses as are proper under the circumstances. ANDBS, VAUGHN & BANGS ~~~u Attorney for Plaintiff Supreme Court ID 17225 By COMMONWEALTH OF PENNBYI,vANIA ) ( SB.: COUNTY OF CUMBIlRLANIl ) AILEEN KERRY VOIIB, being duly sworn according to law, deposes and says that the facts set forth In the foregoing Petition are true and correct to the best of her knowledge, information, and belief. ~j) Sworn to and subscribed before me this 3 rSl. day of Af~i\ , 1995. /.,~....,,~ Notary Public ~'I$o;" L\<Y1 Kilo". N'~'''' fVi'" 1.J>n"'l'N Uo",. ComW';.rd r;c.on:y MyCon1l11"~",,bpl\'sl\U!J. 17.IO'Jil '0 r' ~ ,. } it ~-..;; Lr> <::j~ crt :..---:-;: ~" ~ ~\ u. \0 . . ~ c'J '5, \j " ('0 " 'I.l c:.) ~ l- 't. ~ fl': '-i ~ ~ ..':; ~ ".:) ", ~. ~ ~ ~ ~ 5 ~ ~ c.ll1d ill ~ :to < ~ ~ ~ :t: III Iol ~ III o ~ ~ ~ r: p x ~ d~ < 6l c ~ '" ;;. 0 I>: Jol' ui~~ ~ III 9 0 p ~ :r. ~ ~ < , . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Aileen Ker.r.y Vohs . ; . , plaintiff . , . , v. ; William Charles Vohs . , . , . Defendant : NO. 95-1162 CIVIL 19 95 JICl'ICII IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in divorce from the bonds of matrimony on the 13th day of I"ebruilry , 19.22..., hereby elects to retake and hereafter use her previous name of Aileen Kerr Gorman . COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND . ss. On the 15 CL day of .3...lrt.lL7 ; 19 ~. before, a Notary Public, personally appeared Ai leen Kerry Vohs , known to me tu be the person whose name is subsr.ribed to the within docu- ment, and aCknowledged that she executed the foregoing for the pur- pose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. alt f'(\,. /~. {),l'rL )l<~ Notary l~ublic ,- In . f:~ l.n r_-: i~ .. j U.J C1 (OJ ~ U[: ~') ;';: 8:?~ .- ;'.J ;.': ".. ];:,J ~I-. ~. '. r~'-; (-,.,...: In u.!u. .1;< Etl!! (.(. 'I~! i.;J r- ue '.1 ~.!.... '"'- II- 'D :'.:i 0 ()'l co, ~ ~ .f'" j~ I. ~ ~ ~ ~<8