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14-6924 - EINHORN v. MCCAFFERTY et al


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14-6924 - EINHORN v. MCCAFFERTY et al
March 31, 2016
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MEMORANDUM OPINION. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/31/16. 4/1/16 ENTERED AND COPIES E-MAILED.(er, )
March 31, 2016
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6 ENTERED AND COPIES E-MAILED. (er, )ORDER THAT DEFENDANTS' MOTION TO DISMISS, ECF NO. 5, AND FOR THE REASONS SET FORTH IN THE ACCOMPANYING MEMORANDUM ISSUED THIS DATE, IT IS ORDERED THAT DEFENDANTS' MOTION IS GRANTED IN PART AND DENIED IN PART, AS FOLLOWS: DEFENDANTS' MOTION IS GRANTED IN THE FOLLOWING RESPECTS: A. PLAINTIFF'S CFFA CLAIM IN COUNT XIV OF THE COMPLAINT IS DISMISSED WITH PREJUDICE, ETC. PLAINTIFF IS GRANTED LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY AS TO DEFENDANTS LEYBURN, THOMPSON, AND JEFFREY AND KATHLEEN MANCINI. JURISDICTIONAL DISCOVERY SHALL BE COMPLETED ON OR BEFORE MAY 16, 2016. PLAINTIFF SHALL FILE AN AMENDED COMPLAINT ON OR BEFORE MAY 30, 2016. DEFENDANTS SHALL FILE A RESPONSIVE PLEADING ON OR BEFORE JUNE 15, 2016. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/31/16. 3/31/16 ENTERED AND COPIES E-MAILED, MAI PLAINTIFF'S MOTION TO DISMISS THE COUNTERCLAIM, ECF NO. 6, IS GRANTED. DEFENDANT SUSAN MCCAFFERTY'S MOTIONS FOR SUMMARY JUDGMENT, ECF NO. 16, ARE GRANTED IN PART AND DENIED IN PART. DEFENDANT DEBORAH MCCAFFERTY'S MOTION FOR SUMMARY JUDGMENT, ECF NO. 20, IS GRANTED IN PART AND DENIED IN PART. JUDGMENT IS ENTERED AS FOLLOWS: A. THE DIVORCE DECREE, ENTERED BY THE COURT OF COMMON PLEAS OF CHESTER COUNTY, PENNSYLVANIA, ON DECEMBER 23, 2015, WHICH INCORPORATED THE PROPERTY SETTLEMENT AGREEMENT ENTITLED "DIVISION OF PROPERTY JOINTLY OWNED BY KEVIN AND DEBORAH MCCAFFERTY," IS A "QUALIFIED DOMESTIC RELATIONS ORDER" ("QDRO") AS THAT TERM IS DEFINED IN 29 U.S.C. ยง 1056(D)(3), ETC. THE PARTIES SHALL CONFER AND FILE A STATUS REPORT WITH THE COURT NO LATER THAN FRIDAY, APRIL 29, 2016. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/31/16. 4/1/1