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Home My WebLink About96-05145 ~ \. " 1- cJ ..... . ... :,) ..... CJ '" , ,.. . 1 :; 0- ',,' 'O-" - -- - ~ l~ ~ , ~, .. ~'; t.,. 'Of ~1 - 3 , . ~'" h. ~~- .' , ... <t. . t~ , . . 'to . L~" Q r ~~~ - N j (,:;.) \) i.I- . I.J.' ;.';1. . ~ ~ tt. ~ C) Q' """ r ,- ('.- y, I I, - , . .,- I 'oj "":" ~ ~ t". l.. . ,. , ",'. , l... ,. '. ~.~, .... -- ?: i-!~ ...., . . :~. . U.J', , . . . , i .. i-J._ - , L! ( "=' (,. t'" . .:,~Ct C, i.,.;.. , ~ , .~ " ~ (, C' <....1 >- -. .... cr lr. ~-; J ~-~ .. " UJ' . - U," '"': '- ...... ... (.' ., " <::> L C'~ L ,> 0 "" ',j u , t, f~ ,,~, . h to. l7.... ,~ U ~~.. ;J V5. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : CIVIL ACTION - LAW : NO. 96-5145 CIVIL TERM ELlZABETII COOPER. Plaintiff DA VID E. COOPER, Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Elizabeth Cooper, Plaintiff, moves the court to appoint a master with respect to the following claims. ( ) Divorce ( ) Annulment (X) Alimony ( ) Alimony Pendente Lite (X) Distribution of Property ( ) Support (X) Counsel Fees (X) Costs and Expenses and in support of the motion states: (I) Discovery is complete as to 1M c1aim(s) for which the appointment of a master is requested. (2) The defendant has appeared in the action by her anomey. Wayne F. Shade, Esquire. (3) The statutory grounds for divorce is 330l(c) and 330l(d). (4) Delete the inapplicable paragraph(s): (a) The action is contested with respect to the following claims: Di~O(pqlerty. Alimony CoonseI Fee; and COSls (5) The action does noc involve complex is!o1leS of law or fact. (6) The hearing is expected to takt fi~ to eight (5 to 8) boon. (7) Additional information. if any. relevant to the l1kXion: None. ,\ 1 if /' './ Date: June 4. 1997 '/ - -' ~'. -}./ Ja~ J. K"er. E.;.,! 4 Uall1 Li~ wft , , Y Otrlisle. PA l70n (717) 20-7922 Anon~y for Plaintiff OJll)IR APPOIN1lN(I MASTER , AND NOW~U~ ~Im.~ ~th~t~ ~ l ({~, b-qIlW. iSappoll1lN ltlll..ter ...lIh ~'l t\\ Iht lollowll\l dal~ . , L .... 1...",- BY ruE q)lJRl \ 1 -Hl.,lL .u ,....-.-- f.J p.:nnanently thereafter. COUNT 11- ATI'ORNEY'S FEES 10. Pardgraphs I through 9 of this p.:tition are incorpordted herein as though ~1ated and referenced in full. II. Defendant does not have sufficient funds to suppon herself and pay for the counsel fees and ellp.:nscs incidental to this action. Plaintiff receives a substantial income and is fully able to pay Defendant counsel fees and ellpenses incidental to this divorce action. WHEREFORE. Defendant reque:;t this HOROrdble Coun gnmt an award of counsel fees and ellp.:nses to the Defendant. Respectfully submitted. KA YER & BROWN ; l' By: ,,~; . ~ Jame# J. K ya E..;quire Su~ ell. . '50838 Libe1ty~ 41* Uberty Avtnue Carli*. PA 17013 (717) 243-7922 Att~ for PnitiootflPlainliff Date: June 4. 1997 INCOME AND EXPENSES STATEMENT OF COpy !\-<\ I d ~ t. e'cr \ ('Ct'" i~~ t SSN ,~I.-(' - r/{. .'!i>;'-'DR# DATE~ THIS STATEMENT MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or in pan, you must also fill out the Supplemental Income Statement which appears on the last page of this Income snd E1pense Statement.) INCOME (a) Wages/Salary Employer" Address 1\ S U, ,.. ~ I r::-,. t <' '.. , .. " ('( .~ {'.' iI ,3 Job TitleIDescription C h" : ,\. \ , I \ Pay Period (~kiy bi-week1y, inonthly) F"".. H, I" Gross Pay per Pay Period............. .........................~....................$ _'"'7 I~ (.1.. i'ayroU DeduCl;~ns: Federal Witl;holcling Social Security Local Wage Tax State Income Tax Retirement Health Insurance Other (specify) $ S S S S S S S S Net Pay per Pay Period................................................................S . J:<. t:(. '15- :.:.sf ;'? .,<-l7 q I IL~.." I! I\{",.; . A~-lI ~ j j." Ij '7 (b) Other Income Week Month Year InterestlDividends S S S Pension! Annuity S S S Social Security S $ S RentsIRoyaIties S S S ExpenK Account S S S Gifts S S S Unemployment Compensation S S S Workmen's Camp S S S Total, Other Income S l S C s I' INCOME AND E.XPENSE ST A lUIENT OF haily_~~/..!~.~~.~~:..E\;:)r~~(~-;-.;....mrNtt I r I L~lMt ...... I -"'1ienUI U't.........., 10 dlc pcNIlbn or IlI'a C S ~'ItM,.,.... __ ....... ...;, . audroorlan ....... '....,,1~ -- ~:\ 1.. " 2.:<:2" /\,*-1> _ i'/. ./ . ... "...... Ptamufr 01 t)(\ a IfI1 EXPENSES Household Week Child Household Week Month $ $ ~~~-,. ,t\ -r J $ $ "Ii ,,),.1 $ $ (If' L't) $ $ .ill t'C $ $ $ $ $ $ $ $ ~f"lir $ $ .11 ( l'() 1'l.H $ $ /f:N' $ $ $ $ 7'II.l:t, Home MortgageJRent $ Maintenance $ Utilities (telephone, heating electric, etc.) $ Employment (transportation, lunches) $ Taxes Real Estate $ Personal Property $ Income $ Insurance Homeowners $ Automobile $ Life! AccidentlHea1th $ Other $ Automobile (payments, Cud, repairs) $ Medical Doctor, Dentist, Orthodontist $ Hospital $ Special (glasses, braces, etc.) $ $ $ $ $ $ I[ .Il $ Education Private, Parochial School $ $ $ i:.-" cc $ Co1lege S $ $ li.'1 '.(lL' $ Personal Clothing $ S $ J.{ {,'t' $ Food $ $ $ ..[ ( l i,' $ Other (bousebold lupplies, barber, etc.) $ $ S 'Ii t.e $ Credit paymentS IIId loans $ S S Ii ,'-.;" ( (, S Miscellaneous Household bdpIdIiId care $ $ $ Entatainmalt (inc papers. books. vacarion. pay TV. ete) S $ S Gifts/Charitable contributions , S lqal fees' , Olhcr cl!IId suppon.'a1imony pa}11lCftt1 St... '..__ ... S '___.._. '-.....~.L,.,:.. '---,._".,,- ,. , ,___.JJ....L :.. '-.-....". Ot~ (~) Telal E!lpmsu '. Child Month $ $ $ $ $ $ $ $ $ $ $ $ $ $ ('..1/':1 L.,... ~ (.'I'.,~ Ln,,, c Fl" ", .t., r. l\...c.t., I~f t " t.,)tf'. ,I.. ,Afl ".f'l'," $ , ,.....- $___ $.._ S "'_..'_'_ hI . \' r. . , .,."..",-.-- PROPERTY OWNED Ownership. Description Value H W J Checking Accounts fr1",,'\\,,\ . T....t., "" ( S v I S Savings Accounts S S Credit Union S S StocksIBonds S S Real Estate S S Other S S Total rroperty S Coverage INSURANCE Company Policy No. H W C Hospital -L Medic:a1 L~ .... i':Jr,...",) ---L.. -L Health! Accident Disability Income Other (dental, etc.) (*H-Husband, W-Wd'e, J-Joint, C-child) SUPPLEMENT AI. INCOME STATEMENT A. This form IIIIst be fined out by a penon who (check one): (1) operates a business or practices I profession; or (2) i. all'efllber of a partncnhip or joint venture; or (3) is a shareboIder in and is salaried by a dosed corporatioII or IimiIar entity. B. Attach to this dateonalt a copy of the foIlowina tWo_I rdatina to the h.oinns. proCession, partncnhip, joint venture, corp.xatioa or WmiIat entity. (I) the most RCCIll fedcn11ncome Tax Iletum, and (2) the most recmt ProfIt and Loss StatClllCllt. C Name and Address ofbusiness Tdtphoae lNIlIbef o Name and Address (d'difItmlI thaa c) of ~-.'1l, COlIU"OIIcr or other pcnoa in dIsrp ofAttf"Ci1l records E (I) AMuaI ia.;\loo.. &om ~ m Ho1lll oftft is income recei,ef' ()) Grou ift.:0ftle pet' PlY period ( .) Net iftoomc pet' pay period ( S )Spcri& dob:tiofts if If\} s s s S_ S ",~.....~.......",""".,...~~.., ELIZABETH COOPER, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY. PENNSYLVANIA . CIVIL ACTION - LAW vs. NO. 96-5145 CIVIL 19 DAVID E. COOPER, Defendant . IN DIVORCE . STATUS SHEET DATE: 0'1, \ \... ~7 ... I , ~t Lo 1" , . . I ! .:--.... ,- l ~l \..... -' q ~----~-~ 10/20/97 A marital misconduct hearing is '.. . , ,. f.." '., 6W\~ tr1'r:~ Al';' . ~ ..i. , 1" {\D _',"")\J' Ie, \\J\ i.t {)l. '1 I, f/ -/':' ~,. 1, _~ -!. ! .r'o " .. _~... , .-.t(, ,.1 ;",' ...,., ,.'1 ,'.:: ~. fl.' ,. " , .. ; .- , . OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT Of COMMON PLEAS 9 North Hanover Street Carlisle. PA 17013 (717) 240-6535 L Robert lUcker, II DMme Muter TrllCl .10 Co"er 0lfIce MMlIQariAeporta, We.' Shore 697-0371 Ext.6535 June 16, 1997 James J. Kayer, Esquire KAYER , BROWN Liberty Loft 4 East Liberty Avenue Carlisle, PA 17013 RE: Elizabeth Cooper vs. David E. Cooper No. 96 - 5145 Civil In Divorce Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Dear Mr. Kayer and Mr. Shade: By order of Court of Preaident Judge Harold E. Sheely dated June 9, 1997, the full-time Maater has been appointed in the above referenced divorce proceedinqa A divorce co.plaint waa filed on September 17, 1996, raiainq ground. for divorce of irretrievable breakdown of the marriage. No economic cia i.. were raiaed in the coaplaint. On June 5, 1997, the Plaintiff filed a petition raiainq the econoaic i..uea of alimony and counsel feea. No claim for equitable distribution haa been raised although the motion for appoint..nt of Maater indicatea that distribution of property ia an isaue. On June 5, 1997, the Plaintiff filed a notice and affidavit under Section 3301(d) averrinq that the partie. have been ..parated for at least two years, since April 15, 1995. 'I1Ie motion for appoint.ent of Ka.ter indicate. that Wayne F. Shade 1s the attorney for the Defendant; the petition for related cl.i.. ".s ..rv8d on Karc:ua A. Mc:lCni9ht, Ill. I request that the attorney repre..ntlnq Mr. Cooper enter hie .~r.nce in the aetton; otherwi... Mr. COOper w111 be under an obligation a. . pro .. Defendant to file any pl..d1nqa on hi. own babelf. ELIZABETK COOPER, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . VB. : NO. 96 - 5145 CIVIL . . DAVID E. COOPER, Defendant : : IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Monday, October 20, 1997 Present for the Plaintiff, Elizabeth Cooper, is attorney James J. Kayer, and present for the Defendant, David E. cooper, is attorney Marcus A. McKnight, III. A divorce complaint was filed on September 17, 1996, raising grounds for divorce of irretrievable breakdown of the marriage. Counsel have advised that the parties will most likely file affidavits of consent to conclude the divorce under Section 3J10(C) of the Domestic Relations Code. However, an affidavit under JJ01(d) was filed on June 5, 1997, averring that the parties separated on April 15. 1995, a period in excess of two years. No economic claims were raised in the complaint. However, on June 5, 1997, wife filed a petition for related claims raising the economic issues of alimony and counsel fees and expenses. Mr. Kayer advised that he is going to raise the claim of equitable distribution, which to date has not been raised, so that the claim is going to be properly before the Ma.ter. Mr. Kayer should file the appropriate petition or a.ended complaint within two weeks of today's date raising that claia. With respect to the alimony claim of wife, counsel have advised that there will be testimony regarding marital 8isconduct. Consequently, the Master will schedule a hearinq to take ~.8~imony on that Issue. One of the questions raised by the Master in this ca.. i5 hew CUsberland C~unty, Pennsylvania, has jurisdiction over th... parties. Counsel are qol"9 to inquire of their clients .s to any connection th.y had with Pennsylvania to e.tabli~ that this case i. properly ~fore this court. If there Is an issue with jurlsidictlon. coun.el should advi.e tn. KAster l.-.diately so we Can deter.lne what cour.e of action w. should tale reqardlnq lhe pendinq proc~inqs. The parties are the natural parents of two children, Christopher, born October 26, 1978 and Alisha, born October 6, 1980. Christopher is currently in the military and is emancipated. Alisha is living with the father. Wife is 36 years of age and currently resides at 1049 Gigi street, 110, Fayetteville, North Carolina 2B31l where she lives alone. She is a high school graduate and currently has two part-time jobs netting her approximately $900.00 per month. During three mornings a week she is a preschool teacher; the afternoons from 1:30 p.m. to 6:00 p.m. she works for the county after school program. Her total weekly hours are 35. Wife also receives voluntarily from husband the sum of $500.00 per month. The Master inquired about the status of her medical coverage and other benefits as a result of the entry of a divorce decree. Counsel are going to provide the medical and benefit information to the Master as we need to determine whether or not wife will have any coverage of medical benefits or any other military benefits. Wife has not raised any health issues. Husband is 41 years of age and resides at 7281 A Iwo Jima Drive, Fort Carson, Colorado 80913-2220. He lives with the daughter Allsha. Husband has a bachelors degree and some seminary training. He is currently a chaplain in the United States Army and has a total 16 years of military service, not all that time being consecutive. Husband currently has a net monthly income of $3,260.45. He has not raised any health issues. Some of husband's military service was prior to the marriage of the parties so that when computing wife's interest in husband's pension we will have to consider the marital portion of that pension which Mr. McKnight claims is approximately 85 months. With respect to the military pension, counsel are going to attempt to have that valued or in the alternative will agree to use a Qualified Domestic Relations Order to distribute the pension which would obviate the need to have a present value computation. There is an issue raised regarding a Methodist church pension which wife claims husband had and which vife does not have any specific infor.ation about; hovever, counsel for husband is going to inquire of his client .s to the status of any church pension and vhether or not that pension or any portion ther.of is aarital and the value thereof. The parties own a ti.eshare in Catlinburg, Tennessee, and couns.l have both aqrePd that, there is probably . little interest by either party in retaining that asset. Therefore, the suggestion is made that that timeshare be sold for whatever value can be realized in the marketplace and then the proceeds divided in accordance with whatever formula for equitable distribution is employed in this case. The only marital vehicle is a 1992 Volvo station wagon which wife has valued at $12,000.00. Husband has not yet placed a value on the vehicle. wife is driving a 1995 Isuzu Rodeo which is leased. The 1986 Honda vehicle had been used by Christopher and now is being used by Alisha so counsel have agreed that that vehicle will not be considered a marital asset for distribution since it has been utilized by the children. The pre-trial statements indicated that there were two checking accounts at First Citizens Bank and USAA at separation as well as a savings account at Pentagon Federal Savings. Information is going to be provided as to the value of those accounts at separation and the status of those currently. Counsel have advised that the household tangible personal property has previOUSly been distributed between the parties. There is no issue with respect to distribution and value, and therefore, we will not utilize any value for the property in the equitable distribution computation. On the pre-trial statements counsel have listed various items of marital debt, most of which currently have been paid by husband. The Master has requested counsel to provide statements of the marital debt at time of separation, the debt paid by each of the parties since separation, and the balance on any debt at the present. This information is to be provided so that the Kaster can compute the appropriate credit to be given to the party or parties making the payments on the debt since the separation. A hearing is SCheduled for Friday, February 20, 1998, at 9:00 a... to take testimony on the factor of marital misconduct as that factor affects wife'. alimony claim. Notices will be .ent to counsel and the parti... t. Robert Elicker, It Divorce Maater eel J.... J. ~ayer. Attorney for Plaintiff Marcus A. Mclniqht, ttt, Attorney for Defendant ELIZABETH COOPER. plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. 96 - 5145 CIVIL vs. : CIVIL ACTION - LAW DAVID E. COOPER, Defendant : IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Elizabeth Cooper . Plaintiff James J. Kayer , Counsel for Plaintiff David E. Cooper . Defendant Marcus A. McKnight. III . Counsel for Defendant You are directed to appear for a hearing to take testimony.on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street. Carlisle, Pennsylvania on the 20th day of February , 1998, at g,OO a.m.. at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By the Court. ~a" ctJ \5. Harold E. Sheely. Juc1q, Date of Order and Notice I 10{21/91 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 00 TO OR TELEPHONE THE OfFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LECAL HELP. COURT ADftlNISTIlATOR FOURTH FLOOR, EAST WINO CUMBeRLAND COUNTY COUIlT'HOUSE CARLISLE. PI. 1101) TEt.EMfONt (7171 240-6.200 · T"'lIlti~.H1Y will b<l' llmltl''' t.1 the "'.u... of l'ndrlt.tlmillcon,h-lct "II th~1 f4ctar ~ffpctll wif.'~ ~llmony cl~lm. III. INTANGIBLE PERSONAl. PROPERTY A. Bank Accounts - At the time of the panies' separation. the panies had a checking account with First Citizens Bank. They also pos.o;es.~ed a checking account with USA A WId a savings account with Pentagon Federal Savings. The approximate balWlces in these accounts at the time of separ.uion have been included in the inventory WId apprclisernent attached hereto. The panies were married on March 10. 1979. Plaintiff is 36 years old WId Defendant is 41. Neither pany has significWlt health concerns. B. In~'Urance Policies . The Defendant has a military SGLI policy that will pay WI Wlknown benefil. It is also unknown whether this insur.lI1ce policy ha.~ WlY cunent value. C. Military ~nsion - Over the course of the panics' marriage. the Defendant. d~ to his service in the U.S. Anned mrces. ha.~ earned a military pension. While the val~ of this pen.'iion is unknown. it is anticipated lhatlhe Ma.'1er will order that this pension be divided in a deferred dilo1ribution method. D. Methodist allmh Pmsion . Durin~ lbe couple's marriage. the Husband also earned a pension with the Methodi.... Olurch due to his etnplo~nt. The Plaintiff btlieves this pen.~ion to be worth approximately $~.(XX).OO to S6.1XX>.OO. IV , TANGIBLE PERSONAL PROPERn' At the time of tbe panics' lIrpaI'ldion. they JIO!ISCSIIed ttuft (3) motor vehida The 1992 Volvo 7~ Station WIJUlI wa.~ to be in the Wife'. poHSes.Q. The 1916 Honda AccmllXI. and 199~ Isulu ROOro Wfft to m1llIin III the HWihIIId'lI~. The panics al'iO pl1ssa.-..nI a 'lllhcantial.... of........lId fumishinr whidl have been divided betWftft tbe panies. ~ f\l~ II't nalft' NIIy "" fl.'4th In the ~htd iltWfttlll) and ~~ItftI. h ~ unbllWll .lwthtt tbt lWtitll 'llttIlltipatate IIld *JIft.' ib to 1M dh.bQ of t~ ~ IIld ~*1 ilems. In the event that such a ~1ipulalion is not possible. an appmisal of the items in each pany's possession will be neces.'ilIry. V. EMPLOYMENT AND INCOME TIle Plaintiff is currently unemployed. During the course of the marriage. she wa.~ never employed. The Defendant is an officer in the U.S. Anny with apprmdmately sixteen (16) years of service. He ha.~ a grdde of 03-E. VI. LIABILITIES Upon the panics' separdlion. there were cenain significant marital liabilities that existed. These liabilities are specified within the inventory and appraisement which ha.~ been attached hereto. VII. WITNESSES It is anticipated that the Plaintiff will testify on her own behalf. She will testify with regard to all relev"lIJ\t factors to a proper detennination of equitable distribution of the marital propeny. a.~ well as her claim.~ for alimony. roum,el's fees and costs. In the event that the panics cannot af;ree a~ to the relative values of their personalty. the Plaintiff ....iIl alo;o testify a.~ to the values of such personalty. VIII. EXPERT WITNESSES It is 1Kl<< anlid\lilled thai lhe panies will net'd t\l call any expen wilnes."ib. If it brI.'t.1I1"" l\('\.'"""'ry 10 oblain a pm~ ~\.IlIlklll of eithn the church pemOOn or lhe military pm!lk1l1. then II 101 pn-sunwd that the panies ",.m ",heY 'ltipulate 10 the nIli(' of lhe n-.lllllk'd ~1I1S. or ahffllllll\t'ly ",i11IW..otftC wit~ ",ho.,_iI1 rnifw lheit naluation.. and clwl_"", with repnl hi the JleIN< 111 voal\.lllllOll. IX. EVIIlENCE AND EXHIBITS I. Copies of loans and lolUl balances 2. Copies of bank records of the panies l Copies of payslubs and Leave and Earning Slalemenls X. PROPOSED RESOLUTION OF THE ECONOMIC ISSUES AND DISTRIBUTION The Plaintiff is reque~1ing that the distribution of marital as.o;ets occur on a basis of sixty (60) percent for the wife and fony (40) percent for the husband of the overall net wonh of the marital a...o;ets lUld propeny. This would include a 60{40 division of the marital ponion of the husband's military pension. Plaintiff also seek.~ that the Husband obtain a term life insur-dnce policy with a payable benefit of $100.000.00 for that period of time commencing from the date of divorce until the Husband retires from the military. said benefits would be payable to her and represent her interest in the Husband's military pet\.sion should he predecea.o;e his retirement. The wife also seek.... an award of alimony. Any cakulation of alimony should take inlo account no! ooly the relevlIIIt <<OIlOIl\ic factors that should be considered which include the hu.'lband's greater income and income palentia!. but also the wife's sacrifICing any a"emp! to eslablish her own career, for the bette~nt of the hu.'lband's military career. Finally. the wife seeks reimbursement for her counsel fees in this divorce as the hu.'Iband bas done nolhing to funher the pn~ of the divorce. In fact, his complete lack of responsiv~. has cau.-.ed the Plaintiff to upend addiliooal sum.~ in attorney's fees in L>rdtt 10 pin twI1 the ItIOl>t ba....ic infonnatkll\. Hllshlnd ha... twn tlnlly IIIIre!<pOIlsiv'C' 10 infoonal di.'iCOWry rt'qlle1'ts that havC' l1em lnadC' llWf lhe l't~ of Ihis litiptk1l\. 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'" ;~ '5_1 fa :Sg I~'R l'. -1_ 8 a ~ I ~ l .. <8< I ~ ~ ! .... ..... N '" i N - <A ... ... ... ... ] I] ~ ~ ~ ~ .... ~ ~ ~I - ct' on ~'i a '.. i - g Cl> '5 Cl> - - .R ~j .111 J J J J I - .. JJ E ~I i .. J :; tII, ~ .1 ~ - S c! f ! J I ~ ! J j I. t I if j J ~ ! tJ ~ ~ j f J j i i J J f i t II - - - N '"'. .. ,,", <Ii ~ Kayar and Brown Attorneys Atl.aw A P,olcssional Corporation liberty Loll 4 E. liberty Avenue Ca,lisle, Pennsylvania 17013 Telephone: (717) 243.7922 FAX: (717) 243.0946 January 8. 1998 E. Roben Elicker, II, E.~uire Office of Divorce Ma.'iler 9 North Hanover Slreet Carlisle. PA 17013 RE: COOPER v. COOPER. IN DIVORCE Dear Mr. Elicker: As you know. a hearing ha.~ been scheduled by you in this maner for February 20. 1998. This hearing is 10 address lhe issue of the panies' conduc1 during the marriage relevant 10 my client's request for alimony. I have been in5tructed by my c1ienl that she no longer wishes to pumIe alimony in Ihis cast. Accordingly. it will noc be neces.'ilIt)' to convene two separate hearings in this matter. one penaining to conduc1 and one penaining the merits of the economic iss\Jell that remain in this case. speciftcally equitable diMbution and attorney fees and costs. With these thought.'i mind. I would suggest that ralher than continuing lhe February heMin, to a later date. lhe paI1ies lake advanlage of the opening in your calendar and everyone eLw's caJendar, and prl1Cet'd to ~nl evidence and testimony on the merils of the economic bAles. By copy of lhis Idter. I am advising Mr. C.ooper's cOIIIl.wl of these develullfllerds and my M11~ lIll ~II. Very tNly yours. JJ~ .."\" ":habrtIl (lll.~ Maft."'\rl A. t.kKAiPl.IIl. ~ J I~; ~ ~ J. ,.:r" . i A' ". t\ . ~f1 ) IN:/ . , .., r.l . t. . 1\ J'c y.C~1 l~ . 'yea fN ,\ t t l} (I U; If . \.'."~I Pi"'.' , /J s........J l\.u~ ('. ! . 1'4 .-......-..'''..-. ._..,,~-~~~- t n ():, 1"1'). '> .::r C "B. (lQ I" ~ -. 9 ('I') ..~. ~~ !;, 8 '." 0 ~ ~ ~... ),"' ~ .. " 0 ...1,. .. .' u._ ...t .'-'l:~ '11 ?t 1$ ,,., .. ,..-, C- ~ <i.. -., '.-, -' N _0: :' ~ \.4" ~. c) .oJ;, a ;.~tt: I!J u.. " .... 1""' :t: r... 15 ~ a . PYS510 1996-05145 " Cumberla C COOPER ELIU,BETH ,1 C'Junty Prothonotary's Office Page ~i1 Case Inquiry VS) COOPER DAVID E 1 Reference No..: Case Type.....: COMPLAINT - IILVO'~(:E Judgment......: .00 Judge Ass igned: HOFFER GEORGE E P., Filed........ : Time......... : Execution Date Sat/Dis/Gntd. . Jury Trial.... Hi~aher Court 1 Hi her Court 2 .*.*.***..**...****************.***********.*....****** ...****.*****.*.******** General Index Attorney Info COOPER ELIZABETH f'....]...:::T~:.~. KAYER JAMES J 1049 G~ul STREET t110 FAYETTEVILLE NC 28311 9/1711996 11: 36 0/00/0000 3/18/1998 COO:;:ERjAVID E 345:: ':ul:HRAN DRIVE COLO,~~u SPRINGS ~O oO]i~ _:.!ENDAIliT MCKNIGHT MARCUS A III ***..*.*.*****..**.***.~~.~*J .~.. ~*+~..~.+*.*..***.**.*..************..*.**...** · Date Entries * **....WKWW**.***..WW*.W~~W.~.~.~~^~VW~..~.~<<~**.W..*******.******..*.......****. 09/17/56 COMPLAINT - D.iuilC jNJ-.~ Si;C',':iil~ 3301 (C) AND (D) OF THE DIVORCE CODE AiFIDA'lI',' OF ~.':'i\VICl: L'l ,-:AI... i-U;;''';UANT TO PA RCP 1920.4(A)(1)(U) MOTION FO.. Al'l'OINT~:r.n J":' MASTER PLAINTIFF'S A:"'IDA\--'" ~I':')ER 'iECTION 3301(0) PETITION FOR t:ioLAT:':' ('i:..:..:~':: w:,_CR DIVORCE; CODE ORDER 0,' COUR'1' ADi-,:'N':'I",~ E ROBFRT ELICKER ESQ AS MASTER PaAECIPl FOR ,:",'.'.:. "f Ao'_'EARANCE FOR DEFT BY MARCUS A MCJtNIGHT ESQ PRE-TRIAL STM'EMEN'I PETITION i'OR r:"':"",'.'<.u L....:..~t" J"u"':k V! VORCE CODE A:lDITIO::AL COIIN'I' - ri1111~ABLF: f1TSTRTBUTION AfFIDAV.... OF LUI~~l:;h''' '- ,....uN'.'"... WAIVER Or NOTI~F. o~ rNT~~InN ~ REQUEST ENTRY OF A DIV DECREE-PLFF A'!'FIDAV':':' OF L0.':,,::: ' ~F-, '':'r.I~ ~AIVER,.qF NOT'("<: Co: It"~';.:T"r':'I ',',j !li:':QUEST ENTRY OF A DIV DECREE-DEFT l'w\RRIA~I.: COUN. .:._.1., "c 1 T ,..... cT ' .J.:.c:.NDA.'IIT CRDER 0';' -:01:.,' CC' Il .: 23,.; U . APPOINTMENT OF THE MASTER IS ',ACATED - BY .;,,'J.:':'; :: ,', -?,p". ":CFIES MAILED 2/24/98 03/ L, ," P;~ECIP: TO T .d:tL R.:., ",,_ 03/~i" '", ;:;I'v'ORCE :JECR,,,' ':--':. ":,1: ..:E(......:..:: J.: ;~OFFER P J NOTICE ;':;'.LE.U 03/E/"fl NOTICE G! IN,!'I: ':"',:1, 1'0 '<,1.:SUNf. PRIOR NAME - ELIZABETH A BECRAFT .*.*.'f' ......,. ...*.... * ...... .:..... ,". *... _.,",~".I.~'. ...,.................._.................. · . ~""\f .,: ,... -t'O:l * · Fee:> , [)~bits d..Q ~iio_ :';m{.s/Ad1' End Bel * ..*..~I ..,..w........... .~*. .~ .w.,......l~.*.tW*..*******.*................... 09/JC,/ S G 06/0S:!I! 06/0':>/97 06/0.i/,c 06/11/3 1 07/11/ii 07/15/97 10/2Ui!l', 02/2u/S,h 02/20/9 '. 02/20'~.:. 02/2,)/~q 0212:;" 02/2" ,':;; OJ U'\-.:: " f' .. ~a :8 . , Th., C:.,?~"T . <1\ 5" " ~IE:-'T 5 t~ ..'~O J -, - ,. . MAr..,' " f S ....,,'t,~ " ....; ~o " . .... , 0'" ' 5";:1G 1~:gO u.,-_. .. 6 JC.' !' . It'Q~ AIlO' :. l:Ot ~.\'S l~ . Ii) :8 J (y " ..~ .. .... AUiJ '" l:UlJ..... 'S ..,; ,'.. ,:.1,13 ~I JCP P'" r A:J ' " C"-;;:.'l".a .. L:~C JC L i iJ :: g MA, \ i NA:U; <1 --...-.--.......--- ... . ... " .......fiI'... ....... .. ';10.1 ,( c'.. %r .... ,............ .. .. .- . ',~ .00 ,'. ....................................... * . .......................t.................... nq t.CPV FWOM AlCON) "'~:;rJi!l~~- '~'C~--:-' ,t. ';rr: '" . ELIZABETH COOPER, IN THE COURT OF COMMON PLEAS OF Plaintiff . CUKBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 96 - 5145 CIVIL . . . DAVID E. COOPER, . . Defendant . IN DIVORCE . THE MASTER: Today is Friday, February 20, 1998, This is the date set for a Master'. hearing in the above captioned case. Present in the hearing room are the Plaintiff, Elizabeth Cooper, and her counsel James J. Kayer, and the Defendant, David E. Cooper, and his counsel Marcus A. Mc~night, III. This action was initiated by a divorce complaint filed on September 17, 1996, raisinq grounds for divorce of irretrievable breakdown of the marriage. No economic claim. were raised in the complaint. On June 5, 1997, the Plaintiff filed a petition raisinq the .conomic clai.. of alimony and attorn.y f.e.. This petition was followed by anoth.r petition filed on October 20, 1997, raisinq the economic claim of equitable distribution. Consequ.ntly, the economic aatters before the Kast.r are equitable distribution, alimony, and attorney r_s. On June 5, 1997, the Plaintiff riled an affidavit under Section UOl(d) of the DoIlestic Relatione COde eveni"" that the parU.s ..parated on or about April 15, 1995. Inasmuch as the parties have bean separat..s for a period in exeen of tllO .' years, we could proceed under the 3301(d) section of the code; however, both parties are willing to consent to the divorce and will sign affidavits of consent and waivers of notice of intention to request entry of divorce decree. Mr. Cooper signed his affidavit of consent and waiver previous to us going on the record; Mrs. Cooper's counsel indicated that he will prepare an affidavit and waiver for his client to sign and when he returns later today, he will bring those documents with him. The parties were married on March 10, 1979, and as indicated, separated April 15, 1995. The parties are the parents of two children, Christopher, born october 26, 1978, who was wife's child prior to the marriage and adopted by husband, and Alisha, born october 6, 1980. Christopher is currently in the ailitary and is emancipated. Alisha is living with the husband . The Kaster has been advised by counsel that the partie., after negotiations this morning, have reached a resolution of the econoaic issues pendinq before the Master. We are qoinq to place an aqr....nt on the record in the pres.nce of the parties. The aqre...nt as placed on the record will be considered the substantive aqreement of the partie. and will not be subject to any chanqes or modifications except for corr.ction of typocJr.phical errors. consequ.ntly, When the parti.s leave the conference room today, the .gr....nt w111 be bindih9 on the parU.. .nd there will be no chanq.. that will be p&naitted except for correction of typographical errors made during the transcription. The parties and counsel are going to return later today to review the draft of the agreement and make any correction of typographical errors, after which they will affix their signatures. The signing of the agreement will be simply an affirmation of the agreement as placed on the record at this time. The Master will then prepare an order vacating his appointment and counsel will be able to file a praecipe transmitting the record to the Court requesting a final decree in divorce. If subsequently any Qualified Domestic Relations Orders are prepared and need to be signed, the record is left open for counsel to present to the Court, after the entry of the divorce decree, any orders which may be needed to implement the agre...nt .ntered h.rein. Mr. MCKnight. MR. McKNICHT: First of all, Your Honor, for the record, jurisdication of this ca8e 18 in Pennsylvania by virtue of the fact that while David Cooper has been in the military, he has used Pennsylvania as his 8tate of residence and has been actively votinq, ete. And it's my under8tandinq that Mrs. Cooper agre.. with that .tat...nt. MR. DYERI That'8 correct. THE MAnERI There vas some question that the Master had rai8ed with counsel as to this Court'. jurisdiction and the Master is satisfied that after explanation by Mr. McKnight and discussion with the parties, that this Court is properly acting in this matter. Mr. McKnight, are you going to proceed then with the statement of the agreement? MR. McKNIGHT: Yes. With regard to personal property, the parties had previously divided their personal effects but there are several items that we wanted to deal with. 1. The 1992 Volvo has been titled to the wife and husband waives all right or claim to it. 2. There is a timeshare in Gatlinburg, Tennessee. Wife will be keeping the timeshare in Gatlinburg, Tennessee. Wife will be responsible for any expenses related to it. 3. There is some debt that husband is assuming from the marriage and he will be assuming the following debt iteas and holding the wife harmless from any claim therein. Many of those accounts are probably in his name alone in any event. Husband will be assuming and paying the balance of the Isuzu finance debt. There is a AAFES line of credit, relatinq to the Army PX Syst... Husband will be assuming that responsibility. There is a student loan related to husband'. training for the Chaplain Service which husband is a part of, and that 18 at the Pentagon Federal and he will be payinq that. There i. a second loan at Pentagon Federal "ith a ...11 balance of $110.00 and he is as.uminq and will pay that. There is al.o an educational service student loan, current balanee of about $3,500.00 and the husband will be a..uming that debt. 4. 'I1Iere an two pensions involved in this ca.e. There is the military pension which will be distributed to the husband and the wife will waive all claim to that military pension. There is a pension with United Methodist Church which was marital, which was acquired while the parties were together, in the state of Georgia where husband had a pastorate. There are two aspects to that pension. There is the personal contribution which the husband contributed and he will be distributing or assigning that full personal contribution to the wife and will do that by means of a Qualified Domestic Relations Order. The employer's contribution to that pension will remain the husband's asset and wife will waive all right, title, and interest in that portion of that, and again, that will be confirmed by a Qualified Domestic Relations Order. 5. In addition, husband has agreed from the date of the entry of decree in this case, to pay a sum of $300.00 per month for 15 months. That payment will be considered a distribution of assets and will not be considered support or alimony but it will be considered a distribution of marital assets for 15 months. MR. McKNIGHT: I believe that covers the items of which I'm aware. MR. KAYER: I believe you're right. Just to clarify one thing for the record, husband shall execute any and all documents necessary to transfer the timeshare. MR. McKNIGHT: Yes. (A discussion was held off the record.) MR. McKNIGHT: 6. Wife has withdrawn her claim for alimony and waives all right and claim to that. She also waives all right and claim to counsel fees. 7. Except as herein otherwise provided, each party may diepo.. of his or h.r property in any "ay and each party hereby waive. and relinquishes any and all rights he or ehe .ay now have or hereafter acqulre under the 3. Plaintiff, Elizabcth Ann Ward, flk/a Elizabcth Ann Cooper. Social Security Numbcr 182-40-8596 (hercinaner "Altcmatc Payce"). is the fonner spouse ofthc Participant and had raised claims for, illlcr alia, cquitable distribution of marital propcrty pursuant to the Pennsylvania Dh'orce Code. 23 Pa C.S. Scction 3101. cl. scq. A Decrcc in Divorce was issued on March 18. 1992 by the Honorable George E. Hoffer, which Decree was issued subsequent to an Order of Court issued February 23.1998 by the Honorable George E. Hoffer. The February 23, 1998 Order of Court incorporated by reference the Agreement reached by the parties on February 20. 1998 at a conference at a conference with the Divorce Mastcr. 4. The current mailing address of Alternate Payec is 6398 Pinyon Drive, Dugway. Utah 84022. 5. The partics agree that Husband and Wife were married from March 10,1979 through March 18. 1998. a period during which Husband was cmplo)-ed by the North Grorgia Annual Confertll(e and during \\ hich Husband contributed to the Plan. 6. The parties agree that Participant's account in the Plan is marital property subject 10 distribution by this Court. 7. The parties aJI'CC that Wife shall rcceh'c from Husband's personal contn"butions to the Plan. a lump sum of 100'!. ofllusband's personal contributions. This lump sum distribution shall fully salisf)' the Wili:'s tquibble distribution claim apinst the Plm. 8. The distribution 10 Wife from the Plan shall be made as soon as administratively practicable following the date that the administrator of the Plan approves this Ordcr as a Qualified Domestic Relations Order under Section -103(b)(9) of the Internal Revenue Code. Said sum shall be immediately eligible for distribution upon Wife's completion of certain forms in accordance with the Plan's distribution mechanisms. 9. In the event thaI Alternate Payee dies before the Alternate Payce's benefit is paid. the benefit shall be paid in accordance with applicable Plan provisions rcgarding pa}ments to beneficiaries. including pa}nlents when no beneficiary is design.1ted. The Alternate Payee shall be entitled to name a beneficiary (or beneficiaries) to l"I.'ceive the unpaid balance of the benefits. The death of Alternate Payee before thc Plan detemlines that this Order is a Qualified Domestic Relations Order shall not affcctthe right of Alternate Payee's beneficiary to h\.'nefits from the Plan. 10. The parties shall promptly notify the Plan's Administr.ltor of any change in their respective addresses from those set fonh in this Order. II. Participant and Alternate Payee shall each be responsible for his or her 0\\ n feder.ll. state. and local income and oth.:r taxes allribuuble to any and all p;1}m~'nts from the Plan which are I'I.'('ci\ ed b}' Panicipanl and Alternate Pa}"...., respecli\ely. The Plan shall pro\ ilk to Participant 0111\I Ahomlale Payee In 3<.'\:llnl.ll1\.'1: \\ ull its ~'USt'\111;lt} rrocedures, such infomution as IS normally pflmded to J'olnl(IJ'olnts '" th.: Plan \\ uh reSJX'\:t h) the taxabihty of distnbut~lI\s from the Plan " -. " , i .' V_. ; ~ . f ~ s}' ,}.J~ ~~ ",,<I <i j' ~~ .~ ~'" , , . 0'- I, , . " - '.. - 1--" , ..; " . . , . C't '. ~ 1 !