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HomeMy WebLinkAbout96-03265 /fij,"<plt /7 [/h:nJII ATTORNEY AT LAW 120 STATE STREEI. HAHRISUUHG, PA 17101 PHONE" (f1712J:!.!j/!i!' FAX (717) 2:rr[lHflO Januaty 9, 199R VIA TEI,EFAX AND FIRST CLASS MAIL E. Robert Elicker, II, Esquire Office of Divorce Ma~tcr Cumberland County COUl1 of Common Plea~ 9 North Hanover Street Carlisle, PA 17013 RE: Ralph W. Walten v. Joyce M. Walters No. 96 . 3265 Civil In Divorce Dear Altomey Elicker: I am in receipt of your leiteI' of December 15. 1997, concerning a Ma~ter's Hearing. My client, Joyce Walters, is in a precarious health situation with a ma~s located near her aorta in her abdomen and chest area. She is undergoing tesls and may possibly have emergency surgery in the near future. Her position on the divorce is that she is entitlcd to alimony for life plus payment of a rea~onable counsel fee and a fair disuibution from Mr. Walters' pension. [have wrillen this date to my client's treating physicians and [ have requestcd updates to detel111ine if she strong enough to withstand a divorce hearing. By copy of this leller [ am notifying Allollley Ja.~lll1 WeinHlock of these developments. VCIY truly yours, ..--.---V L../"- ' Joseph J, Oixon JJD/jm cc: JiL~on M. Wcinstock, Esquirc (viu Iclefu!! und first c1ilss mail) Ms, Joyce M. Wultcrs (viu lirsl c1uss mail) ,-/ " Mr. Koranda and Mr. Dixon, Attorneys at L~w 15 December 1997 paqe 2 to discuss the iosues and, if necessary, schedule a hearinq. 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. I cannot read the siqnature on the motion for appointment of Master. I~ THE COURT OF COMMON PLE.\S OF CUMBERUND COUNTY, PEmlSYl.VANIA RALPH I~. I~AL'l'ERS, Plailltiff vs. JOYCE M. WALTERS, 96 - 3265 ~O, 19 Defendant. XOTION FOR APPOr.l~T OF ~Sn:R (Plaintiff) (Defelldant), follOWing claims: Ralph W. Walters a master with respect to the (x) Divorce ( ) .'-nnulmen t (X} AlimOllY (X) AlimollY Pendente moves the court to appoint ( x) ( ) ( x) ( x) Distribution of Property Support Counsel Fees Costs and Expenses Lite and in support of the motion states: (1) Discovsry is complete as to the claims(s) for which the appointment of a master is requestsd. (2) The defendant (has) ~x~ appeared in the action (personally) (by his attorney, Joseph Dixon ,Esquire). (3) The staturory ground(s) for divorce (is) (are) The parties have lived separate and apart for more than two years and the marriaqe J.S J.rretr1ev- (4) Oeleta the inapplicabls paragraph(s): ably broken. (a) Tha action is not contested. (b) An agreament has been reached with respect to the following claima: (c) Tha action is contested with respect :0 tha following .. cla1lu: divorce, alimony, alimony pendente lite, distribution of property,. (5) Tha action ~~~~ (does not involve) complax issues of law or fact. (6) The hearing is expected to taka ann (I) G\1l~M (days). (7) Additional information, if any. relavant to the motion: i. a Daca : --..! 2/2/ 'J7 1/:.. for (Plaintiff) 006X~ <:/,(/(1::, I l1;J'ff: I J, ..counscl fees, costs and expenses. ,.'1.." , > If) :-? >. I''': C, I" ~.Il~ :' ~~ .J'- t:~ iF k 9: ~I' ", I I '! u:l\ l' ,';: L~~I .:ri: If w (;) r- , i 0' i:J ; , .\! ','"") '- ,\1' : "t' ,., 11'1 [ \ 'L' l.J1 ' \ ,;,'.1 '.: ;.'} ,It,'' ..._.'L ~ '0 i',; ,r-J ~) ,,-.. V) III , t~ ,-- \ ' {;~ " C..; d~ "-l II; '.) ?; '--1) '-'(") :>:: J........ '&1 ,~ .". -....... ,J .':.J -- \ <c:) .rvl .... ~ ;)2 '" r- l:L' r.' I ,lea '~ .~ rY1 F- ~J 1;1 a.. rn<;;:;- ,.,.., II. ..., -- 'Y\ V'> :) '''''' 0 en U ~ ,N '''l .f) (\-<. ""~' - ~ -r-: ) '----- I~ \......J c., ~ n:z:nH 0 HO~:Z: - >< ~'I~ ~ n 'd t<:1 tIl I! ~ I :::: :I; )I t<:1 ~! ~ ~ . . Q 8 ~ < ~ ~ ne t~'I~~~i ~ III ~ 0 ~ . ~ I ~~ !Zl lJ) lJ) i ~ ~ ~ 1m g tl 'd . 0 tl C1l I-' 'd~ ~ ..., III ~ ~ C1l ..... ~: ::I ::I a 0- ..... ~ ~ ..... ..., .t" P ..... ..., ~ . . " . . . . r t RALPH W, WALTERS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. f?e" :J 2 ~ r {!t.;.J '~"... JOYCE M, WALTERS, Defendant, CIVIL ACTION. LAW COMPLAINT I, Plaintiff, Ralph W. Walters Is an adult individual residing at 7073 Carllslc Pike, Lot Carlisle, Cumberland County, Pennsylvwlla. 17013, 2. Defendant, Joyce M. Walters, Is an adult individual residing at 7073 Carllslc Pike, Lot 57, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The Plaintiff has been a bone fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Defendant has been a bona fide resident of the Commonwealth of Pennsylva- nla for at least six months Immediately previous to the filing of this Complaint. S. The Plaintiff and the Defendant were married on August 17, 1968, in Churchtown, Cumberland County, Pennsylvania. 6. There was a prior action for divorce between the parties flied in 1993 in the Court of Common Pleas of Cameron County, and docketed at 93-1303. This action was dismissed on April 20. 1993, due to lack of venue. 7. The Defendant is not a member of the Anned Services of the United States of America or Its Allies. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling Is available and that Plaintiff may have the right to request that the Court require the parties to participate In counseling. 10. The parties have lived separate and aport since May 28, 1994. WHEREFORE, Plaintiff pmys that a Decree be entered divorcing the sold Plaintiff and the Defendant from the bonds of matrimony heretofore contracted between them. t verify that the statements made In this Complaint are true and correct, I understand that false statements herein are made subject to the penalties of 18 PO.C.S. Section 4904 relating to unsworn falsifications to authorities. ~~ w.JL RALP W. WALTERS IRA H. WEINSTOCK, P.C. 800 Nonh Second Street Harrisburg, PA 17102 Phone: 717.238.16S7 ~r ~~l " ~' /-0" ,Y , By; 4'!-;;;t!':2::.,K MICHAEL A. KORANDA RALPH W. WALTERS, . IN THE COURT OF COMMON PLEAS . CUMBERLAND CO., PENNSYLVANIA Plaintiff . . NO. 96-3265 v. . " . CIVIL ACTION - LAW " it JOYCE H. WALTERS, . 'j . I Defendant . IN DIVORCE ANSWER AND COUNTERC~ AND NOW, this dt>"IJ day of June, 1996, comes the Defendant, Joycs H. Walters, by and through her ~ttorney, Joseph J. Dixon, Esquire, who respectfully ~vers ~s follows. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. Said averment is a conclusion of law which requires no response. 9. Denied. After reasonable investigation, the Defendant is unable to ascertain the truthfulness of this averment and proof of same is demanded at trial. 10. Admitted. COUNT I EQUITABLE DISTRIBUTION 11. The averments in Paragraphs 1 through 10 of this Answer are incorporated herein by reference thereto. 12. The Plaintiff and Defendant are owners of various iteme of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by the Court. 13. The Pl~intiff and Defendant are owners of various motor vehicles acquired during their marriage which are subject to equitable distribution by the Court. 14. The Plaintiff and Defendant own singly or jointly interest in various b~nk accounts, pension plans, IRA accounts and insurance policies acquired during their marriage which is subject to equit~ble distribution by the Court. 15. The Plaintiff and Defendant own or have an interest in real estate which is subject to equitable distribution by the Court. 2 22. The Defendant does not have sufficient funds to support herself and pay counsel fees and expenses incidental to this ~ction. WHEREFORE, the Defendant prays that a Decree in Divorca not be entered until the Court has had ~n opportunity to enter an Order for equit~ble distribution of marital property, alimony, alimony pendente lite and counsel fees ~nd expenses. Respectfully submitted, i xon, Esquire 101 So Second Street Harrisburg, PA 17101 (717) 233-8743 Attorney for Defendant CERTIFICATE OF SEPVICE I, Joseph J. Dixon, Esquire, do hereby certify that I have this day served A true and correct copy of the within Answer and Counterclaim by United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Ira H. Weinstock, Esquire 800 North Second Street Harrisburg, PA 17102 ~ Joseph J. Dixon, Esquire Dated: June 20, 1996 ',. ~ c.:, ~ tt: (:1 "r) .... ~ '-X::l o{\ C". , . 'I..~ "0 l>I ". Co'J l.lJQ ) ..,~ ~ "' (,2~~'. -.' J;Y 9 r-- to("'> ft'\ ... \~j -..) ~ ~t' ),. 0 0 ~ n I'.n t': ,~,J j~'. ....... ';:) Er,,- ' , -Ili} Y'> !i," --, ,.'jC.1... ~ .,' 'f:: .' 0 u' ,0 ''j 'J ~ 'S 0 Cf' <.J ~ ~ V'") <::) ~ ,... G ... r.r. t-, ,. ~0 c.:, f-' 'OJ_ f ::r: ".),..::, , 'l'l: r:- l.:.-. --S- r: t:> J..-! ":"'U c, "",) ~; ::' illoZ 'he '"" !t. [ ~ J .n ~:. .::J '" U - :;I:l ~ ~~ ~r ~111~~~~ t.., I~B~:; ~ ~m gB '4 ~ ~ ~ ~ - Ol/lltl ~trlt ol4~ :<!I-la'j &Hill-l ":I 8....":1 .... ~ OOl/l trl~i; -":I I-l 00 ":I!::; ~~ ~ f:l . ~ ~ !;J l/l . C III HI III o 0- Il> o rt . c., o >< n t~ :3: . . < l/I . ~ Itl J:Il ~ . ~ ~ !:l l/l . 'tl I-' Il> ""0 o rt "". HI HI ~ (,)Z~I-l HO Z <. : ~~ (') n t-3 0 tl o~ z (')~ o I fiil~ ~ ~n .co ~ 0 Itli ~: . ~ l/l . RALPH W. WALTERS, IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. No. r;fr- I ' (; -3 )(~ .} - (IU'l A..__ JOYCE M. WALTERS, DefendWll. CIVIL ACfION - LAW NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth In this Affidavit, you must me a Counter-Affidavit within 20 days after this Affidavit has been served on you or the stalemenl will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 330Hd) OF THE DIVORCE CODE 1. The partIes to this action separated on May 28, 1994, and have continued to live separate and apart for a period of at least two years. 2. The marriage Is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses If I do not claim them before a divorce Is granted. I verify that the statemenls 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. g4904 relating 10 unsworn falsification to authorities. Dated:,j.-f^,,-v to / 7 ~ 6 I, ;(~4J. unJ ~ RALPH W. WALTERS ".2/ [-? (/ '( / - / " . . . . III ~. ;~ ~II< O. ~ tJ>< ...:l ~~ I Oltl Eo!tJID;2: Pi: NO PQl"'I..... 8~1~ ram~...:l Eo!~ .~ ;2:130..... .....tJ;2:tJ . ..... ..... ...; +J C '''; I1l .-f II< . +J C I1l 'tl C Ql ..... Ql Q ~ ~ re e,j p.; . :.l g l;, ag ~j ~ ~~a~!I~. ~ ~~h i :z: .., < :I: ~ - . CIl el Eo! ~ . Ul > . CIl Zi Eo! ~ CIl . 3: II: II< ~ . :;: ~ tJ >< o ,..., . ~i a~ II<CIl parties and the Court as required by the Pcnnsylvania Rulcs of Civil Proccdurc. IV. EXHIBITS Defendant inlcnds to prcsent the following Exhibits at the trial of this matter: A. Wagc statcmcnts; B. Various W-2 Fonns, caming stalcmcnts, incomc tax rctums as well as income and expense statements of the partics; C. Bankruplcy Filing and Discharge Notice; D. Pension paperwork; and E. Plaintiff reserves the right to supplcmcnt this list of Exhibits at a later time prior to the hearing. V. INCOME A. Plaintiff - Please see Income and Expense Statement. B. To Ihe best of Plaintiffs knowledge, Defendant is currently unemployed. We submit she has an earning capacity. Current wage and expense infonnation needs to be supplied by Defendant. VI. EXPENSES Please see Income and Expense Statement. Plaintiff needs updatcd infonnation from the Defendant. VII, rENSION/RETIREMENT BENEFITS Plaintiff has a small pension with Sequa Corporation, Turbine Airfoils Division. Attached hereto is the most recent statement at the timc of the partics' separation. - 2 - VIII. COUNSEl, FEES No Claim. IX. TANGIBLE PERSONAL PROPERTY Please see Inventory and Appraisemenl Statement. X, MARITAL DEBTS Please see Inventory and Appraisement Statement. XI. PROPOSED RESOLUTION The martial property shall be divided equitably and equally, by each party receiving fifty percent. The parties did file jointly for bankruptcy on or about April 29, 1991. The Discharge was granted on July 20, 1994, by the Honorable Robert J. Woodside. Both Plaintiff and Defendant shall retain hislher individual retirement benefilslpensionsltax sheltered annuities, free of any elaim by the other party. The parties have already equally divided the real estate. The personal property shall be distributed to the parties at a percentage equalizing their overall marital settlement. It should be noted that the Defendant look a vast majority of the parties' marital property at the time of separation unbeknownsl to the Plaintiff. Neither party shall make a claim to any of the assets of other. save the foregoing. Each party shall pay hislher own counsel fees. Plaintiff submits that alimony is inappropriate under the circumstances of this case. . 3 . \ " . Joyce M. Walters Page 2 January 20, 1998 S1"tt~t . "'"~'7 k;:o KWG/lmn -'--. .... -- -.-- _. ,..---- //o.l'C/1/' /1 Y;';WII ATlOHNEYA'IAW 1;!U STAfF SnH.E l . ItAIU~l~;llIlHq. I'A I lUll PHONE: (/17) l;U H/5'. fAX (/11) ;lH ~;l1hO January 29, 199M E. Robert Elicker, II, Esquire Office of Divorce MaHter Cumberland County Court of Common Plea~ 9 North Hanover Street Carlisle, PA 17013 RE: Ralph W. Waller. v. Joyce M. Wallen No. 96 . 3265 CIvil In DIvorce Dear Attorney Elicker: Enclosed plca.~e find a recentrepl1rt from my client's Ireating surg~'1l1l, DI', Kennelh W. Oral'. I have sent a copy of Ihis rcport Ihl8 dale 10 Attol11cy Ja~on Welnslock and will attempt to sit down with him and lImicably resolve all oUlslanding issuCH, I do nol believe a divorcc hearing is in her best intel'CHt althls tlmc. Joscph J, nixon JJD/jm Enclosure cc: Ja.~on W. Wcinstock, Esquire (wlcncl,) Ms. Joycc M, Wultcrs (w/cncJ.)