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Home My WebLink About97-01417 )..." \I ~ ~ 't ~ ~ t' ~ ~ It ~ 0" -, . t'o- ~', ! ~ _.~,-~--,-~'~-'-~"~*~-**-~-')::~~~~~--'-'-~~~ w' -- ~ ~.' ~ ,', ~ Q ..~ ~ ~.' ~ ~ ~.' ,.; ~ ,', ~ ~ ',' ~ ~.' ~ '.' w ',' ,', ~ ~ ~.' ~ '.' IN THE COURT OF COMMON PLEAS w ~ OF CUMBERLAND COUNTY .~ ~ >, ,\.,'-....:. ,,'T. ~ ~ ~~ STATE OF PENNA, ,', ~ ~ S \ .5,TEPH.EN..,(;' Ml\LQNEY. ". ...,.Plainti.U.. " !I w " ~ " .'~ ~ w '.~ ,'. ~ w. ~.' ~ !~. W ~.' ,.; ~ ~ '.' ,,~ ~ ". :, N (), ")An,....,,,, """"""."" 19 97 ., 'i Verstts ~ ',' ~ '.' Pl\1'RI.c:U,,,l\. ..Ml\.LONEY . Defendant " w ',' ," w ~.' ~ DECREE IN D I V 0 R C E ~~:')',4.~. AND NOW,."., ,~,~ ,'!""", 19 7,~"., it is ordered and decreed that"""".", ,~r,E,~~~N. .q, ,l'I,.&.I,QN;EX,.".",.."", plaintiff, and."".",."""",., . ,p,l\1'~;r,c:l;~. "..., ,1:Il\:L,QNEY",."""", defendant, are divorced from the bonds of matrimony, w ~.~ ~ ~.~ w ~': ~ ~.' w '.~ * ~ ~.; ,', ~ ~ ~.~ ~.; ~ ;', ~ W '.' ~ 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; ~ w ~.' $ w ~.' S ~ ~. None w ',' s .... ............................... ....... .... ............................. ". ~ ...... .... ...... ......... .,. .............. ........... s w ~,1 ~ ',' ~ " ~ Oy I: w J, I ~ (~ e \~ ~ Prothonotary I'" ~ !~ ~---,-".._~~--"...--, ,... '''.'-~-''''.''''.. .... . .' --~.......,. ,..,.,.,.-. ,... ,.. :; ~~~~__~_~___~_*___*_~**~___ro*_ ~ f.' ~ ~, r ~ STEPHEN G. MALONEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . . vs. PATRICIA A. MALONEY Defendant 97 - 1417 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information to the Court for entry of a Divorce Decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (d) of the Pennsylvania Divorce Code. 2. Date and Hanner of service of the complaint: Certified mail, restricted delivery, on March 20, 1997. 3. Complete either paragraph (a) or (b). (a) Date of execution of affidavit of consent required by Section 3301 (C) of the Pennsylvania Divorce Code: N/A (b) (1) Date of execution of the affidavit required by Section 3301 (d) of the Divorce Code: November 19, 1998: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: October 5, 1999. 4. Related claims pending: None. All resolved in accordance with Agreement dated October 4, 1999. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: October 5. 1999, regular mail on counsel of record for defendant. (b) Date Plaintiff's Waiver of Notice in Section 3301 (C) was filed with the prothonotary. N/A Date Defendant's Waiver of Notice in Section 3301 (C) Divorce was filed with the prothonotary. N/A October 26, 1999 ~~~SqUire Attorney for Plaintiff ~ ~ .... , '" t:; t:: . - to':: ::1~ (6) r3;)~ W." Q'" :.::: IC .l..~;' "- ."~ ::~ c,if I, 17' ,~ i~! (;}(O N UJ'. I ,'~, '';-': -' t-. '.., ~J u:t1 '-' ;-;1 ~1... .L c;,; .~.; ,_. 4;. u.. en -, 0 G\ ,) ., . STEPHEN G. MALONEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97 - / "II'l C,,;;,.( -ri....- IN DIVORCE vs. PATRICIA A. MALONEY, Defendant COMPLAINT 1. Plaintiff is stephen G. Maloney, who currently resides at 90 Winter Lane, Enola, Cumberland County, Pennsylvania. 2. Defendant is Patricia A. Maloney, who currently resides at 230 East Lauer Lane, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 4, 1981, at Corning, New York. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of marriage counseling and understands that he may have the right to request that the court require the parties hereto to participate in counseling. 7. Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken and that the Plaintiff and Defendant have lived separate and apart since November 8, 1996. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce divorcing Plaintiff and Defendant absolutely. COUNT I. EOUITABLE DISTRIBUTION 8. The allegations in Paragraphs 1 through and including 7 are incorporated herein and made a part hereof. 9. Plaintiff and Defendant have legally and beneficially acquired marital property, both real and personal, during their marriage from April 4, 1981 to November 8, 1996. 10. Plaintiff and Defendant have been unable to agree as to the equitable division of said marital property to the date of the filing of this Complaint. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property pursuant to Section 3501 and 3502 of the Divorce Code prior to the entry of a final divorce decree. Respectfully submitted Date: lI1a,-c~ 1'1 11'17 / Andrew C. Sheely, Esqu e Attorney for Plaint\ff (SEAL) I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsifica- tion to authorities. Date: ~-tc!~ /~ 697 )Z7 /11~t; L) 2 . , STEPHEN G. MALONEY, IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . vs. CIVIL ACTION - LAW . c.iX.1 ];..- . /'111 PATRICIA A. MALONEY, 97 - Defendant . IN DIVORCE . AFFIDAVIT stephen G. Maloney, being duly sworn according to law, deposes and says: (1) I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. (2) I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsi- fication to authorities. " fi ".' - .Y 'It.. (n' "<- en G; Maloney .' / , U SWORN to and subscribed before me this JcjtI day of 7'll.r"'dl , 1997. (P~v,u' .a..I), .4- ?:"'rt Notary Publi:O" My Commission E~pires: ...--.....,..--.--.,.. CAlliER' ::Ri:MANS' !AYCOIJ , \j;HYN:~L:C ".' ~;;~~.,I"!;)GO.Pt'; " ";;11 \;Y::') .-___..... '._"d._~.~ '" ~ ~ ~~ ojo. ~ >- ('oj ;-- ........... "" ~ l~. " ..:J '.~.. j.:'.: .. "(\ \ IU!....' - :-.!~~ ~ "<'\ C).'. - '"'"") r~t. ~: :':. ~ "l ~ .~ ~.' ::", l~. . " - '" Q~ ': ~:'.J "- . , \.:l--' e,( C'~ ~:J ' "1 ~ ~ u:;! . r,-' .- f:"": ..r :;IJ =~ .iO:L ~~ IJ~ r- ~ i ~ LJ en U ~ ~) -. , "' Andrew C. Sheely, E.quire 127 B. Market Street P,O. 80x 95 Mechanic.burg, PA 17055 PA 10 NO. 62469 717-697-7050 (Phono) 717-697-7065 (Fox) STEPHEN G. MALONEY, Plaintiff/Petitioner vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PATRICIA A. MALONEY 97 - 1417 CIVIL TERM Defendant/Respondent : : IN DIVORCE AFFIDAVIT OF SERVING COMPLAINT COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND ANDREW C. SHEELY, being duly sworn according to law, deposes and says that he caused a true and correct copy of the Divorce Complaint in the above-captioned matter to be served by Certified Mail, Restricted Delivery, Return Receipt Requested, as indicated by the atta,h.d r.,.ipt 'ard" o. Kar~ ANDREW C. SHEEL .t SWORN to and sUbscribed before me this /Mday of May 1998. (1~97'~tr-- Notary Public My Commission Expires: NOl'AllAl.IIAL CAntY J,IMIIlO. ~ f\Mc Mad~' 1"".....,.. . ~t4 c... M My <:eon' I '.... MIIrdo I" 20IlI ----." . ~ '>- Cl f; ~ - .- :'-:; UI(~ w.)~.:; (,)"'c- ~ <i~',,- r-C 1.'1 ,,- :::/;:. u.,- ~)l". ' ~.. 6'.- ('., > "i.., I',. Ul'-< ,/-.:.} ....J, . G:" >.... , l)tLl '. ''''I- F' ;:ltl.. A: :~~ tt. m ::) 0 0' U -' , --.;..4 ,~~ Andrew C. Sheely, Elquire 127.S. Market Street P.O. Box 95 Mechaniclbufq, PA 17055 PA tD NO, 62469 717-697-70S0 CPhono) 717-697-706S CrOX) STEPHEN G. MALONEY, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97 - 1417 CIVIL TERM IN DIVORCE PATRICIA A. MALONEY Defendant "-\ DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301 Cd) OF THE DIVORCE CODE 1. Check either (a) or (b): o (a) I do not oppose the entry of a Divorce Decree. ~ (b) I oppose the entry of a Divorce Decree because: (Check (i) or (ii) or both): o II (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. (ii) The marriage is not irretrievably broken. o 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. [11 I verify that the statements made in this counter-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: May 1'1 , 1999 ~.~'.-...a.~d. ,.~ _ tricia A. Maloney, D fendant NOTICE: If you do not wish to oppose the entry of a Divorce Decree and you do not wish to make any claim for economic relief, you need not file this counter-affidavit. >- lJ'l ?-; u: ..:I "'" h .. ~<1.-:r" - II.!.. ';-.~ >: ( ).... ff:~ .~ (1- . -:J ~... . )1:. . ~- i (. 0'. ':., c..')-;..:- '1--/ l.u: :i~% a;: I ;.0- :.:!. ~.i - -:, ;)l(L j_.. :.: ....: ~.. 10_ 0'\ ::.1 (,) 0'\ (J Andrew c. Sheely, E.quire 127 S. Market Street P,O, Box 95 Mechanic.burg, PA 17055 PA 10 NO, 62469 717-697-7050 (Phone) 717-697-7065 (pex) STEPHEN G. MALONEY, Plaintiff/Petitioner vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW PATRICIA A. MALONEY 97 - 1417 CIVIL TERM Defendant/Respondent IN DIVORCE EMERGENCY PETITION TO PREVENT DISSIPATION OF MARITAL ASSET IN THE NATURE OF A RETIREMENT ACCOUNT TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Petitioner is Stephen G. Maloney, Plaintiff in the above- captioned matter. 2. Respondent is patricia A. Maloney, Defendant in the above- captioned matter. 3. In mid January 1998, Petitioner was advised that a marital asset in the nature of a retirement plan maintained by a former employee, namely the Victory Employee's Retirement Plan, would be liquidated in the event the account was not rolled-over into a separate IRA or paid out in a lump sum within a limited period of time. 4. After further investigation, Petitioner discovered that the request to address the retirement account was forwarded to the former marital residence in October of 1997 and was not forwarded to Petitioner from Respondent. 5. Respondent has sole possession of the marital residence and all correspondence directed to such residence. 6. Upon discovering of the urgency in addressing the transfer of this retirement account maintained by the Victory Employee's Retirement Plan, Plaintiff's counsel, Andrew C. Sheely, Esquire, attempted to resolve this matter outside of a formal court proceeding by requesting that Respondent's Counsel, Ronald M. Katzman, assist with this matter by confirming the position of Respondent as to a roll-over of this asset from the Victory Market Retirement Plan. 7. To date, Respondent's counsel has not provided Petitioner's counsel with any direction as to her position with reference to such account or to confirm that she will assist with , , i I , , i ! I I I I i , I I i , ~ , I I I I 1'- ;~ roll-over of this account into a new IRA created by Petitioner. 8. An emergency hearing or Order of Court directing the roll- over of the funds from the present account to a new IRA is necessary to avoid dissipation of this marital asset and maintain the status quo pending ultimate resolution of equitable distribution issues through normal proceedings. 9. No legitimate reason exists to deny Petitioner's request to roll-over this account into a separate IRA and Respondent's failure to assist with a roll-over will necessitate the dissipation of marital assets. 10. Andrew C. Sheely, Esquire, presented this petition to counsel for Respondent via fax transmission on February 26, 1998. A certificate of concurrence or non-concurrence is attached. 4 CERTIFICATE OF SERVICE I, Andrew C. Sheely, hereby certify that I am this day serving the foregoing Petition upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, and by hand delivery, addressed as follows: Ronald M. Katzman, Esquire GOLDBERG KATZMAN & SHIPMAN P.C. 320 Market Street P.O. Box 1268 Mechanicsburg, PA 17108-1268 Date: March 2, 1998 7 " @ >- <::. '- o- f- -< f- ~ ~ Il}~:': (~ '1: ~;~ i~i.:' '" ' , '- " li,..r I.c. I '~~:..'j L,)i o. ('.I C' ''') o' W.! .-,~ I :..J~; t:t L:~ .' ....t .};;J I :..:: :.1:L. ~;.-: u. m ~:-) CJ C' U .~ "<J, 1,)'o"1l - r( -;:::. IY) ,i ~ ,~ ~ $=" Ronold M, Kollman, Esquire AlIomey I, 0, No,07198 Goldbers, Katzmon & Shipman, P,C, 320 Markel Street Strowbcny Square P,O, Do. 1268 lIorrisburg, PA 17108,1268 AlIomevs for Defendonl, Potrlclo A. Molonev v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA :NO,97.1417 STEPHEN G, MALONEY, Plaintiff PATRICIA A, MALONEY, Defendant : CIVIL IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Ronald M, Katzman, Esquire, of Goldberg, Katzman & Shipman, P,C., on behalf of Defendant, Patricia A, Maloney, Respectfully Submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: /(.0)1" /!'C. Rortald M, Katzman, Esquire Attorney I. D, No, 07198 320 Market Street Strawberry Square P,O, Box 1268 Harrisburg, PA 17108.1268 (717) 234-4161 Attorneys for Defendant DATE: i:"" '{\; 1719.1 '>- \;"l ^/^ c L--, _~.t i l~"" ) "" III ( ). ,,, . ." ,. t.":' ~ 0 I '" . C. (,'; ... b:' . ,.. .- ; " C' U L. t,,;,-~ STEPHEN G, MALONEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTI, PENNSYLVANIA v. NO, 97-1417 PATRICIA A. MALONEY, Defendant CML IN DIVORCE ORDER AND NOW, this _ day of .1999, after a review of the petition to withdraw as counsel, IT IS HEREBY ORDERED that petitioner Ronald M. Katzman, Esquire, Is pennltted to tenninate his representation of defendant Patricia A. Maloney In the within action. BY THE COURT: J. exhibit A CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing Petition to Withdraw as Counsel upon the person(s) and in the manner Indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same In the United States Mall, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: E, Robert Elicker, II, Esquire Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Andrew C, Sheely, Esquire 127 South Market Street p, O. Box 95 Mechanlcsburg, PA 17055 Mrs. Patricia Maloney 230 East Lauer Lane Camp Hill, PA 17011 GOLDBERG, KATZMAN & SHIPMAN, P.C, By: e.""f2) 11~ 1::-4~A\. Ronald M. Katzman, ESqUIre Attorney I,D, #07198 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Dated: February 16,1999 ~ en ~ .. ::J< 1'5~1 - 0;;; ~z :c u~ ~~; ...: Clg <0 ;;;"J a.: ~)~- Q.. r.-c;z -'LfI m U.llU ll:T 4J H,Cl. i-= LL.. ~ "'" "_ 0'\ ;:) 0 (I) u VERIFICATION I verify that the statements contained In the foregoing Petition to Withdraw as Counsel are true and correct to the best of my knowledge, Information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C,S, Section 4904 relating to unsworn falsification to authorities. Date: March 30,1999 .~ ~. -" ~ -.: i ~ ~ ~ ~ C"l [; " v: i.=; .. ."7.- UJ~-:: N :;'J<f. ( ,"- ,-,...: ~'t~ ~ - c.J:;.. .- .I-tO c~ ~"):3 0, f.( '" ,,;,::0- ".. ....r{) !~i o. J '12~ ~~~ ,,~ i.S~:: t:: O. ..~ILl oocL :,;,l~a.. H. e'> ~.:.: U .., '" (:) ., I '. Androw c, Sheely, esquire 127 S. Market Street P.O. Sox 95 Mechanicsburg, PA 17055 PA 10 NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fox) STEPHEN G. MALONEY, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. . . : CIVIL ACTION - LAW PATRICIA A. MALONEY Defendant . . 97 - 1417 CIVIL TERM : IN DIVORCE PRAECIPE TO WITHDRAW COUNT FOR ggUITABLE DISTRIBUTION OF MARITAL ASSETS TO: CURTIS LONG, PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 Kindly withdraw Count I entitled Equitable Distribution from Plaintiff, Stephen G. Maloney's Complaint in Divorce filed on March 19, 1997. DATE: April 21, 1999 //v,cW (l ~SL~ Andrew C. Sheely, Esquire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (Fax) t' f .~.. CERTIFICATE OF SERVICE I, Michael S, Travis, certify that 1 have this day served a true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person, addressed as follows: Andrew C. Sheely, Esquire 127 S, Market Street, PO Box 95 Mechanicsburg, P A 17055 E, Robert Elicker, II, Esquire Divorce Master 9 N, Hanover Street Carlisle, P A 17013 Dated: >1,)1 ~. By: ~ r. IC ae S, Travis ID No, 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717)731-9502 Fax 731-9511 Attorney for Defendant >- ~ -- 9t E-- ,.:J ~.~ ,- ,- .. .-)(".. utr.-~ - ~:~li ;;;' c.'i,' :1'"": _~c - ..:. .~.... ~ "-r- ;''-'1;:':; ~q C' ' :.() I.. .' : I ;'~: U~l) : i.~ t'': E" :--' .q\J . .. ......: ! !~L F-~ 10- ~ ..~J 0 O'l (,) Andrew c. sheely, Esquire 127 S. Market Street P.O. Box 95 Meahaniasburg, PA 17055 PA 10 NO, 62469 717-697-7050 (Phono) 71,-697-7065 (FOXI vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW STEPHEN G. MALONEY, Plaintiff/petitioner . . PATRICIA A. MALONEY : 97 - 1417 CIVIL TERM Defendant/Respondent I IN DIVORCE MOTION TO COMPEL DEFENDANT TO ANSWER INTERROGATORIES AND FILE A PRETRIAL STATEMENT plaintiff, Stephen G. Maloney, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Motion to Compel Defendant patricia A. Maloney to answer Plaintiff's Interrogatories and to file a Pretrial Statement, and in support thereof respectfully states as follows: 1. Petitioner is Stephen G. Maloney, Plaintiff in the above- captioned divorce action. 2. Defendant is patricia A. Maloney, Defendant in the above- captioned divorce action. 3. The above-stated action for divorce includes related economic claims, including claims for equitable distribution of Marital property. 4. On September 18, 1998, the Defendant, through prior counsel, Ronald M. Katzman, Esquire, was served with an Original and two (2) sets of written Interrogatories. 5. Since september 18, 199B, Plaintiff has repeatedly requested that Defendant complete the interrogatories. 6. In accordance with the directives of the Cumberland County Divorce Master, Plaintiff filed a Pretrial Statement with the Divorce Master on or about December 21, 1998. 7. To date, Defendant has failed to file a Pretrial Statement in accordance with the directives of the Cumberland County Divorce Master. 8. Following the submission of a Petition to Withdraw, Ronald M. Katzman, Esquire, was permitted to Withdraw as counsel to Defendant by Order of Court dated April 9, 1999. 9. On or about May 19, 1999, Michael S. Travis, Esquire, entered his appearance on behalf of the Defendant. 10. Following the entry of the appearance of Michael S. Travis, Esquire, Plaintiff's counsel notified Defendant's counsel of the matters outstanding in the case, including Defendant's Answer's to Plaintiff's Interrogatories and Defendant's Pretrial Statement. 11. Defendant has not answered the written interrogatories or filed a pretrial statement to date. 12. A Divorce Master's Hearing is scheduled for October 4, 1999. 13. The failure of the Defendant to timely respond to the written interrogatories of Plaintiff and to file a Pretrial Statement prejudices Plaintiff in the preparation of his case and his ability to evaluate and respond to potential claims of Defendant. 14. Defendant has consistently and repeatedly failed to 2 comply with reasonable discovery requests and comply with the requests of the Divorce Master. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter the following Order; a. In accordance with PA R.C.P. No. 4019, Defendant is directed to Answer Plaintiff's Interrogatories forthwith, or in the alternative, prohibiting Defendant as a non-compliant party from introducing any evidence, documents or testimony, which would have been provided to Plaintiff in Answer's to the Interrogatories; and b. In accordance with PA R.C.P. No. 1920.33(d), Defendant is directed to Answer Plaintiff's Interrogatories forthwith, or in the alternative, barring Defendant from offering any testimony or introducing any evidence in support of or in opposition to claims raised by Plaintiff, and prohibiting Defendant from presenting evidence in support of any and all claims which she intends to raise; and c. Granting Plaintiff the reasonable expenses, including attorneys fees incurred, in preparing and presenting this Petition and obtaining an Order of Court for compliance purposes; and 3 >- C:I ~ '" c:; ,..; 1-. N :-~~ lu~l r )..._ "0 D7 J~r,: - .....l..:~ u.. ..;' (~)!< L1~i ii/ \D .....iii -,' ::1;;: J.__ il~t1 -J ~S35 .1. -) '~2 a.. ,-, -; ~ Lo. O"l :-> 0 a' U ^ndrew c. Sheely, Elquire 121 s. Market Street P.O. Box 95 Mechanic.burg, fA 11055 PA 10 NO. 62469 717_697_7050 (Phonal 717-697-7065 (Fox) vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STEPHEN G. MALONEY, plaintiff/petitioner . . PATRICIA A. MALONEY 97 - 1417 CIVIL TERM . . Defendant/Respondent IN DIVORCE PETITIO: TO RE~UEST HEARING/ARGUMENT ON PLAINTIFF'S MOTION TO COM EL ANS ERS TO INTERROGATORIES AND THE FILING OF A PRETRIAL STATEMENT plaintiff, Stephen G. Maloney, by and through counsel of Andrew C. Sheely, Esquire, hereby files this petition and requests a hearing on Plaintiff's Motion to Compel Defendant patricia A. Maloney to answer Plaintiff's Interrogatories and to file a pretrial Statement, and in support thereof respectfully states as follows: 1. On or about July 16, 1999, petitioner, Stephen G. Maloney, filed a Motion to compel Defendant to Answer Plaintiff's Interrogatories and to compel Defendant to file a pretrial Statement. 2. A Rule was issued by the Honorable J. Wesley Oler, Jr. on July 24, 1999 to the Defendant to show cause why she should not be required to file a pretrial Statement and a written response to Plaintiff's Interrogatories. A copy of the Rule to show cause is attached hereto as Exhibit "A". 3. On or about August 5, 1999, Defendant filed an Answer to Plaintiff's Motion to Compel Answers to Interrogatories and a " "-. ~.. . -.. .. -.., srCl lILll G. N,..1.l::L;". "laillLIC! ......--...., 11: : Hl I.... .. ;'': or '..'':'~Lt,~Or: PL!:,..~. 1~lr Ct '~:j'.!:IU.."';.. COt.:::-:-, FErn:Si":"','/..!::i\ vs. Cl':lL 1,(:: ;'.111 - LAN P/\1'Rll:lA A. MJ\l,rJIIEr Defendant 97 - 1417 CIVIL TERM IN DIVOHn: 1. Chec:k eitht'!, (i1) e)J: (b): DEFENDANT'S COUNTER-AFFIDAVIT UNDER $J;C_T_IJ.!.II._3.)_O)h_ldJ_O_L'.t~LE_D_IY_ORCE CODE , .' '0 .' . .J n '" , " o ri (u) I uo IIL'L (11'1 ',-,se lI" cnLry of a LJj \'urce Decree. " , " , '. (b) I oppo:,;C' Lhl: ent!)' of a Divorce D<:cree because: (Check U) '.'1" (ii) or both): ',;.i [] ..- .. , , . " '.' , . -'. '.. ..... -;. and r:1 (i) 'J'he pLllLies Lll Lhis aetion huve not lived separate DpLlIL lur a I": liod of Dt lcu:: L two (2) years. Q/ (ii) The JIIi1rriaV(' i:; not hrel1i('\'ably broken. 2. Check eiLhc1 (il) In (h): o (il) I do Ilut wi:-Ii lo make any clilims for economic relief. 1 UlJde1stalJd Lhill I miJY lou(: rights concerning Lllilll(lllj', di \' j ~'iol1 of proper L}', lawyer's fees or e):pl:IISUS if J do not clailll Lhem before a divorce is 9ra/.Lccl. [1/ (h) I wioll lo c1...i1ll economic l(dief which may include .11iIl101IY, divj!'ion of propel"lj', lawyer's fees or C.~I-'C!I:';'l:; 01 uLhcr impll1tilllL tights. I undClstilllu thaL in uliLlJLion lo checUng (b) above, I must also file all of my t'COllOlllic cluillls wi th the P1uLhonotary in writin'l and SerVe them on the OlllCl pal!.}'. If I fail Lo do so before the uate set forth 011 the Notice of Intention lo J~equest Divorce Decree, the dh'olce dec1ee mil)' be enteH J without fur lilt' r delay. I verify thuL lhL' staLL-o"'~lJLs made in 1I1is counter-affidavit are true Gnu cUU:ect. I ulJderr.Lullcl thal falsu :;Latemenls herein 6J:e made GulJject to the pelJillL.iuG 01 lEI I'D. C.s. Scc.:l.ion 4904 relating to unswo1'n falcificuliLl1l Lo auLlJOJI'ilicn. Date: May IS' , 19~!J ,--~:.. .. ,". Y7't::~ '- ..{;.:.-"J4L.to4I..L;(.".... l_J. _ f'iJLricla II. t:uloney, D fendant NOTICE: If }'ou du Ilut \d~',h to oppose llll' cntry of a Divorce Decree and yuu do nut wish I.u make ill I}' Cliljlll for L'l:unomic relief, you need not file this COulJLe1-(Jf~idd\'it. >- \.0 ?;. ~ ..:I ...- I-:' .. :5~t; UJ(1 C": t.. -, ~~() :-= u~ ~!-~. <I.. o~ "'1 .<';! (_lr) C1 ~.....r.,) fil ,; .,z ,- ~ co; 1...... c'-m iI!,: ' t!J t:jt :.;> (fjU- r-: oC( ~ IJ.. <1' ::> 0 C' U ~ GO f; ..:l ;:::: .. :5~", l~~ GO LJ~":l - ~J~e (.C' .~ iC;:i' w:: (:\::,.5 t .~t:_ <' CXl ;~c;~ { ~:-- N - .!'.. :'-I~: ' 'fi-. '. ...- ~ ;1 tU L:L:.j W ...U[:'" F-- -. v: ...:; U, al :'J u CI' U , claim for equitable distribution, the Defendant filed a counterclaim raising the economic issues of alimony, alimony pendente lite, and counsel fees and costs and expenses. With respect to grounds for divorce, the Plaintiff filed an affidavit under Section 3301(d) averring a two year separation. The affidavit was filed on November 19, 199B. After a hearing on Wednesday September 15, 1999, the Master determined that the marriage was irretrievably broken; therefore, the divorce can be concluded under Section 3301(d) and counsel for the Plaintiff can file a notice of intention requesting the entry of decree following the statement of the agreement on the record so that the divorce can go to the Court with a praecipe to transmit the record. As previously noted, the parties have reached an agreement with respect to the claims of equitable distribution, alimony, and counsel fees and expenses. The agreement is going to be placed on the record in the presence of the parties and counsel, and the agreement as stated on record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which made during the transcription. As the Master noted in the opening remarks above, the Master's office is unable to print the record today but we are going to place the Wife shall assume and hold husband harmless for all mortgage payments during the six month period wherein she attempts to refinance the current mortgage and any point thereafter until the house is sold. The mortgage payment includes taxes and insurance. 3. Wife shall retain all items of tangible personal property in the marital residence with the exception of the following items: A) A small child's rocking chair either of cherry wood or stained cherry with a green pad; B) C) D) exist. include Husband's guitar and music notebook; Senior pictures of his children; Personality of Michael Maloney, to the extent such The personal affects that are sought by husband a wallet and a gold chain necklace with a cross; E) Any and all keys to the 1997 Buick which remain at the marital residence, 5. Husband shall transfer title of the 1986 Oldsmobile to wife within the next thirty (30) days. Presently the parties are uncertain as to the whereabouts of the title; however, in the event the title cannot be located, the parties shall apply for a duplicate title and transfer such to wife as stated above. Husband shall retain the 1997 Buick LeSabre, subject to any liens and shall hold wife harmless from any such debt currently encumbering the 1997 Buick. ~. Husban~ shall retain his current retirement benefits currently held by the Fidelity fund and wife shall waive any claims to such retirement account. 7. Husband shall hold wife harmless for any and all marital debt associated with an account through the Corning Credit Union and each party shall assume any debt which accrued to them personally after the date of separation. 8. Husband's final spousal support payment shall be for the month of October 1999 and thereafter any further spousal support payments shall cease. Further, husband agrees to discontinue an appeal presently pending before the Cumberland County Domestic Relations Office and to waive any claims for over payments of support made to wife, to the extent such exist. 9. Each party agrees to waive any and all further claims for alimony, alimony pendente lite, spousal support, or other claims for economic relief following the date of this agreement. 10. attorney party. Each party agrees to waive any and all claims for fees, costs or other expenses against the other 11. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. SHEELY: Mr. Maloney, have you been present throughout this colloquy and discussion concerning the proposed agreement to resolve any and all economic claims? MR. MALONEY: Yes. MR. SHEELY: Do you agree with the proposed agreement to resolve these economic claims? MR. MALONEY: Yes. THE MASTER: Do you understand the agreement? MR. MALONEY: Yes. THE MASTER: And you understand that when you leave here today you are bound by the terms of the agreement as stated on the record even though you may not sign or your wife may not sign any documents. MR. MALONEY: Yes. THE MASTER: Let the record reflect that Mr. Travis went out of the room with his client to discuss a matter regarding the statement of the agreement and counsel and the parties have agreed to change the date when the refinancing is to be complete from V-arch 4, 2000, to April 4, 2000. MR. TRAVIS: Ms. Maloney, have you heard the proposed agreement presented between the parties this morning? MS. MALONEY: Yes. MR. TRAVIS: Do you understand that the agreement principally allows you to keep the home and you're waiving all of your claims, rights, or duties accepting receipt of the property? MS. MALONEY: Yes. MR. TRAVIS: You understand that you're waiving your right to receive alimony, support, counsel fees? MS. MALONEY: Yes. THE MASTER: You understand that you are bound by the agreement even though there is no signature affixed to the agreement after it is transcribed? . ,. STEPHEN G. M/\LON~~, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. PATRICIA A. MALONEY, Defendant CIVIL ACTION - LAW NO. 97 - 1417 CIVIL IN DIVORCE 19 STATUS SHEET DATE: , ' '. In, OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle. PA 17013 (717) 240.6535 E. Robert Elicker, II Divorce Master Trecl Jo Colyer Office Manager/Reporter Andrew C. Sheely, Esquire P.O. Box 95 Mechanicsburg, PA 17055 West Shore 697-0371 Ex\. 6535 May 18, 1998 Ronald M. Katzman, Esquire GOLDBERG, KATZMAN & SHIPMAN, 320E Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 P.C. Re: Stephen G. Maloney vs. Patricia A. Maloney No. 97 - 1417 civil In Divorce Dear Mr. Sheely and Mr. Katzman: By order of Court of President Judge George E. Hoffer dated May 14, 1998, the full-time Master has been appointed in the above referenced divorce proceedings. The motion for appointment of Master indicates that Mr. Katzman is attorney for the Defendant; however, Mr. Katzman has not entered his appearance in this action and I am, therefore, sending a copy of this letter directly to the Defendant, Patricia A. Maloney. A divorce complaint was filed on March 19, 1997, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. The complaint avers that the parties separated on November 8, 1996. I am going to proceed on the assumption that grounds for divorce are not an issue, and I am directing each counsel (assuming Mr. Katzman is representing the Defendant) to file a pre-trial statement in accordance with P.R.C.P. 1920.33(b) on or before Monady, June 15, 1998. Upon receipt of the pre-trial statements, I will immediately schedule a pre-hearing conference STEPHEN G. MALONEY, IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA, . VS. : CIVIL ACTION - LAW : : NO. 97 - 1417 CIVIL PATRICIA A. MALONEY, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Andrew C. Sheely , Counsel for Plaintiff Ronald M. Katzman , 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 5th day of April, 1999, 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: 12/31/98 E. Robert Elicker, II Divorce Master Andrew C. Sheely, Attorney for Plaintiff, filed a pre-trial statement on December 21, 1998. Ronald M. Katzman, Attorney for Defendant, has not filed a pre-trial statement as of the date of this notice. V. INCOME AND EXPENSES: Will be supplied, VI. PENSION: Husband has a defined benefit distribution from Victory Markets of$8,224,02 received on April 23, 1998. VII. MARITAL DEBT: See Attached Inventory and Appmisement. VIII. ALIMONY: The defendant does seek alimony from plaintiff, IX. PROPOSED RESOLUTION: The parties to this action have divided all of their personal property, The defendant is eligible for a portion of the plaintiff's retirement. Defendant is also eligible for a portion of the marital home, and plaintiff's 1997 Buick. Ovemll, a 75% - 25% distribution favoring the defendant is requested under the elements of the divorce code, Alimony is requested by defendant. This would allow defendant to obtain health insurance and the home mortgage in her name. Andrew C. Sheely, Elquire 127 -5. Market Street P,O, Box 95 Mechanic.burg. PA 17055 PA 10 NO. 62469 717-697-7050 (Phone) 717-697-706~ (Fox, STEPHEN G. MALONEY, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97 - 1417 CIVIL TERM IN DIVORCE n ~'~-: ..n '0 PATRICIA A. MALONEY Defendant " :'.' C) ." ! 1 DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301 Idl OF THE DIVORCE CODE 1. Check either (a) or (b): .. r, .. ~'.... ' , , t' , -.: o (a) I do not oppose the entry of a Divorce Decree. ~ (b) I oppose the entry of a Divorce Decree because: (Check (i) or (ii) or both): ...---.. J~t;: ::j -, - .. ,:-:-' . I:} ~: (~'J , . ~, . -1::1 1- (') "Ill ( . -=t '1',", :JJ ..< 'L' '.. '. -,I .' r:- en o (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. QI (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): o (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. Q/ I verify that the statements made in this counter-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: May 1'1 , 1999 ~,':~A.~t1. ,.~ P tricia A. Maloney, D fendant NOTICE: If you do not wish to oppose the entry of a Divorce Decree and you do not wish to make any claim for economic relief, you need not file this counter-affidavit. 1 STEPHEN G. MALONEY, plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 1417 CIVIL 2 vs. 3 4 PATRICIA A. MALONEY, Defendant IN DIVORCE 5 6 THE MASTER: Today is Wednesday, September 15, 7 1999. This is the date set for a hearing to take testimony 8 on the grounds for divorce of irretrievable breakdown of the 9 marriage. 10 Present in the hearing room are the Plaintiff, 11 Stephen G. Maloney, and his counsel Andrew C. Sheely, and 12 the Defendant, Patricia A. Maloney, and her counsel Michael 13 S. Travis. 14 This action was commenced by the filing of a 15 divorce complaint on March 19, 19~7, raising grounds for 16 divorce of irretrievable breakdown of the marriage and 17 averring that the parties have lived separate and apart 18 since November 8, 1996. The complaint also raised an 19 economic claim of equitable distribution. 20 On April 21, 1999, the Plaintiff filed a 21 praecipe withdrawing his claim for equitable distribution. 22 On August 27, 1999, the Defendant filed an answer to the 23 complaint and filed a counterclaim raising the economic 24 issues of alimony, alimony pendente lite, and counsel fees, 25 costs and expenses. Mr. Sheely has indicated that he I 1 intends to refile the claim for equitable distribution, 2 should this matter go to hearing on the economic issues. 3 An affidavit under Section 3301(d) of the 4 divorce code was filed on November 19, 1998, and the 5 Defendant filed a counter-affidavit on May 19, 1999, in 6 which she indicated that she opposed the entry of a divorce 7 decree because the marriage is not irretrievably broken and 8 that she wished to claim economic relief. Wife has raised 9 economic claims, as noted, of alimony, alimony pendente 10 lite, and counsel fees and expenses. We are here today to 11 determine whether or not the marriage is irretrievably 12 broken. 13 Would you swear both parties please. 14 (Whereupon, stephen G. Maloney and Patricia A. 15 Maloney, having been duly sworn, testified as 16 follows: ) 17 (Testimony of STEPHEN G. MALONEY) 18 BY THE MASTER: 19 Q Would you state your name, please. 20 A Stephen G. Maloney. 21 Q And, Mr. Maloney, where do you reside? 22 A 1551 Scotland Avenue, Chambersburg, PA. 23 Q And what is your date of birth? 24 A October 18, 1940. 25 Q And do you have any children? 2 1 A I have one and one deceased. 2 Q And is the child that is living emancipated? 3 A Yes. 4 Q What was the date of your marriage? 5 A To Patricia? 6 Q Yes. 7 A April 4th 198!. 8 Q What was the date of your separation? 9 A November the 8th or 9th of 1996. 10 Q Now, since your date of separation, as you 11 have stated the date, have you lived with Patricia A. 12 Maloney? 13 A No. 14 Q When did you last live together under the 15 same roof in the same residence? 16 A November of 1996. 17 Q When was last time you had sexual relations 18 with your wife, Patricia A. Maloney? 19 A Prior to that date but I'm not sure of the 20 exact date. 21 Q It was prior, however, to November 1996? 22 A That's correct. 23 Q Do you have any financial accounts or 24 financial relationship with your wife other than what you 25 may be dealing with with respect to any payment of spousal 3 1 support or alimony pendente lite? Do you have accounts in 2 joint names? 3 A No. 4 Q Do you share any accounts with your wife? 5 A No. 6 Q Did you share any financial responsibilities 7 with your wife? 8 A We have a home mortgage that is on the 9 property that she is living in. That would be the only 10 financial responsibility that's in both names. 11 Q And is that the only financial relationship 12 that you would have with respect to the mortgage on that 13 home? 14 A That's correct. 15 Q since your date of separation, have you had 16 any occasion to enjoy any social relationship with your 17 wife? 18 19 20 21 22 23 24 than by the filing of the divorce complaint, that you wanted 25 the marriage to terminate? A No. Q You have not gone out for dinner? A No. Q You have not gone on a vacation? A No. Q Have you communicated to your wife, other 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Prior to 1996? Q Yes. A Yes. Q How did you communicate that to your wife, in what way? A In September of 1996 I told her that I wanted out of the marriage and completely out of the marriage. Q You told her that in that precise way? A Yes. Q Specifically that you wanted the marriage to terminate? A That's correct. Q What was her response? A She didn't want to end the marriage. Q Since you have expressed to your wife your desire to get out of the marriage and since the filing of the divorce complaint, have you had any occasion to have any change of mind about your decision regarding the termination of the marriage? A No. Q Have you had any thoughts about having counseling to reconcile the marriage? A I'm very clear in my thoughts on the matter. Q And that is? A I do not wish to continue in the marriage. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY THE MASTER: Q A Q A Q A Q A Q A Q A Q A Q Maloney? (Testimony of PATRICIA A. MALONEY) Would you state your name? Patricia A. Maloney. Where do you reside? 230 East Lauer Lane, Camp Hill. Do you have any children? Two daughters. Are they both emancipated? Yes. Are they to a prior marriage? Yes. How old are you? 55. And what is your birth date? June 3rd 1944. What is the date of your marriage to Mr. A April 4th 1981. Q And when did you cease living together under the same roof? A November 9th 1996. Q Since you ceased Itvin; together under the same roof, have you had any sexual relationship with your husband? 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No. Q Have you engaged in any social affairs with your husband such as going out for dinner or on vacations? A No. Q Do you share any financial life with your husband other than this relationship that you have with respect to the mortgage that you have on the property that you own? A No. Q Did your husband c~mmunicate to you, as he has testified, that he wanted the marriage to terminate? A Yes. Q And it is not your desire to terminate the marriage A No. Q -- as I understand from reading the file and the pleadings. Have you had any contact with your husband since November of '96 other than through the attorneys or in the divorce proceedings? A Yes, I have called him on the phone. Q You have talked to him? A I have tried to talk to him. I've asked him to talk to me. Q Has he been willing to talk to you? A He has never talked to me about it. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Has he indicated any interest in reconciling the marriage? A He just won't talk about it. Q Have you suggested any counseling? A Yes. Q And he won't talk to you about it; he's not interested in that? A His answer to that was: He didn't want our marriage dissected in counseling. Q And he communicated to you that as far as he was concerned the marriage was over? A That is what he said. Q Pardon me. A Yes. THE MASTER: After hearing the testimony of the parties, the Master finds that as a matter of law, the marriage is irretrievably broken. This meeting is adjourned. (Whereupon, the proceedings adjourned at 2:11 p.m.) 8 STEPHEN G. MALONEY, Plaintiff IN TIlE COURT OF COMMON PLEAS CUMBERLANDCOUNlY, PENNSYLVANIA v, NO. 97-1417 PATRICIA A. MALONEY, Defendant CML IN DIVORCE MOTION TO WlI1lDRAW AS COUNSEL The Motion of Ronald M. Katzman, Esquire, respectfully represents: 1. In March of 1997, he agreed to represent Defendant Patrlda A. Maloney with respect to the above action, as well as a related support action, 2, Since the latter part of 1997, he has had difficulty In communicating with defendant, who generally refused to respond to letters and other communications sent by petitioner, 3. In September of 1998, upon receiving Interrogatories propounded by plaintiff, movant sent a copy to defendant, requesting that she contact him In order to prepare responses. Defendant refused to respond, and has not contacted movant since that time. 4. Movant has been passing along to defendant all notices and letters that have been received from the master and from the attorney for plaintiff, again, without receiving any response from defendant. 5. Movant wrote to defendant on December 3, 1998 (copy of letter attached), requesting that defendant sign a document dismissing him as her attorney, since she has made it Impossible for him to represent her In this matter. Again, no response was received from defendant. exhibit A LAW'OPFICBS GOLDBERG, KATZMAN 8< SHIPMAN, P.C. RONALD No KATZMAN ,. La SHIPM"'N PAUI..,J, [SPOSITO NEIl.. HENDtRSHOT .I, JAY cooPtR THOMAS t. BRENNtA JOHN A, STAntR APRIl.. L. STRANO-KUTAY GUY H. BROOKS JU'tRSON .I, SHIPMAN JtRRY .I, RUSSO MICHA[1, J. CRCCtHZI THOMAS .I, W[8ER ARNOI..D 8. KOGAN EVAN .I, KLINE. In JOHN DnORtHZO STEVEN t. GRUBB DIANA WOODSIDE JOHN R. NINO SKY dca KADBBT STREBT STRAWDBRRY SQUARE P.O. BOX UIOB HARRISBURG, PBNNSYLVANIA. 1710B"I52ao TELZPUONE: (717) R04.4Ial PAX: (717) R04.e008 0' COUNS[\. ARTHUR L. aOLDDtRG JOSHUA D, LOCK HARRY B. aOLDBERG 11001.10081 DTTP.JIWWW.OJUJUW.COM HERSHCY OF'F'ICC: 17171533.4040 December 28, 1998 CARLISLE OF'F'ICE: 17171 24!S.0~g7 YORK OF'F'ICt: 17171843.7012 E, Robert Elicker. II, Esquire Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Re: Maloney v, Maloney No, 97-1417 Pretrial Statement Dear Mr. Elicker: I am not in a position to file a Pretrial Statement for Defendant since she has utterly failed to communicate with me or respond to my letters for many months, I have been sending her communications which Attorney Sheely has fonvarded to me, but she has never contacted me about any of them. I have been reluctant to request termination of my representation because I believe she needs counsel. but she refuses to either get another attorney or to cooperate with me. I am sending a copy of this letter to her, along with a copy of Attorney Sheely's Pretrial Statement. By copy of this letter, I urge her to either contact me so that I may represent her appropriately, to get another attorney, or to represent herself and correspond with you directly. Very truly yours. ~!~ RMK:gkd cc: Patricia A. Maloney,{w/enc,} 15214.1 .! . , STEPHEN G. MALONEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V, PATRICIA A. MALONEY, Defendant 97-1417 CIVIL TERM IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Monday, April 5, 1999 Present for the Plaintiff, Stephen G, Maloney, is attorney Andrew C, Sheely. patricia A. Maloney was represented by attorney Ronald M, Katzman; however, Mr, Katzman filed a motion with the Court to withdraw as counsel, and attached an order for the Court's signature permitting him to withdraw. An order was entered on February 1B, 1999, by Judge Guido issuing a Rule to Show Cause on the Defendant why her counsel's motion should not be granted. There is currently before the Court an order to make the Rule absolute and to allow Mr. Katzman to be removed as counsel, Mr. Sheely is going to determine the status of that order. The Defendant, Patricia A, Maloney, called the Master's office shortly after B:OO a,m. today inquiring about the time for the conference and indicating that she just recently received notice of the conference date and time. After discussion with the Master, the Master advised Mrs. Maloney to appear this morning and then to contact Mr. Katzman regarding the status of his representation. Mrs. Maloney did not appear for the conference nor did the Master receive any communication from attorney Katzman following his conversation with the Defendant, This action was commenced by the filing of a divorce complaint on March 19, 1997, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. Wife has not responded to the complaint nor did she file a pre-trial statement in accordance with the Master's directive to file pre-trial statements on or before December 21, 199B. Husband, through his counsel, did file a pre-trial statement on December 21, I99B. exhibit A V. INCOME AND EXPENSES: Will be supplied, VI. PENSION: Husband has a defined benefit distribution from Victory Markets of $8,224,02 received on April 23, ] 998. VII. MARITAL DEBT: See Attached Inventory and Appraisement. VIII, ALIMONY: The defendant does seck alimon)' from plaintiff, IX, PROPOSED RESOLUTION: The parties to this action have divided all ofthcir personal propCl1y. The defcndant is cligible for a pOl1ion ofthc plaintiffs retircmcnt. Dcfcndalll is also cligiblc fOI a p0l1ion ofthc marital home, and plaintiffs 1997 Buick. Overall, a 75% - 25% distribution favoring the defendalll is requcstcd under the elements of the divorce code. Alimony is requested by defcndant. This would allow defcndant to obtain hcalth insurance and the home mortgage in her name. CERTlFICA TE OF SERVICE I, Michael S. Travis, certify that I have this day served true and conect copy of the foregoing document by first class mail, postage prepaid, on the following pcrson, addressed as follows: Andrcw C. Sheely, Esquire 127 S. Market Street P.O. Box 95 J\lcchanicsburg, PA 17055 E. Robcl1 Elicker, II, Esquire Divorce Master 9 North Hanover Strect Carlisle, PA 17013 I Dated: f/~/77 ~~ By: ,,/;..'p ~____..-: '>??-.1iChac! S. Travis ill No, 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717)731.9502 Fax 731-9511 Al10mey for Defendant Andrew c. Sheely, E.qulre 121 s. Market Street P.O. Box 95 MoohanIo.burg, PA 11055 PA 10 NO, 62469 717-697-7050 (Phonal 717-697-7065 (Fox) I~/ ?-\'151t STEPHEN G. MALONEY, plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. CIVIL ACTION - LAW PATRICIA A. MALONEY 97 - 1417 CIVIL TERM . . Defendant : IN DIVORCE PLAINTIFF'S PRETRIAL STATEMENT Stephen G. Maloney, plaintiff, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Pretrial Statement pursuant to Pa. R.C.P. 1920.33 and respectfully states as follows: Plaintiff and Defendant were married on April 4, 1981 in corning, New York. This is a second marriage for Plaintiff. This is the third marriage for Defendant. Plaintiff is Stephen G. Maloney. Plaintiff's date of birth is October 18, 1940. Plaintiff graduated from Harnrnondsport High School in June of 1958 and the Albany School of Pharmacy in June of 1962. Plaintiff obtained a Bachelor of Science in Pharmacy. Plaintiff currently is employed as a Pharmacist with Giant Food Stores, Inc. where he is paid a gross weekly pay of approximately $1,325.00. Plaintiff is provided with health and dental insurance through Giant Foods Inc. Plaintiff is uncertain as to whether he can qualify through Defendant's employer for health insurance. Defendant is Patricia A. Maloney. Defendant's date of birth is June 3, 1944. Defendant graduated from corning Free Academy in June of 1962. Defendant has no post-high school education. Defendant is currently employed and receives net income of approximately $600.00 - $800.00 per month. Neither party is required to support any minor children. Plaintiff separated from Defendant on or about November 8, 1996. Plaintiff has no remarkable health problems, other than high blood pressure. A list of marital and non-marital assets and liabilities is set forth below. Since separation, DDefendant has maintained exclusive possession of the majority of personal contents of the marital residence, rendering it difficult for Plaintiff to obtain the value of such items. The marital residence has been in the exclusive possession of Defendant since separation and Defendant has been in the exclusive possession of the personal property since then. Plaintiff reserves the right to supplement this list up until the date of the hearing. 2 1. Marital Residence 230 East Lauer Lane Camp Hill, PA 17011 Less: payoff on Marital Residence 2. 1997 Buick LeSabre (debt) 1986 Oldsmobile Cutlass $215,000.00 $102.316.5311 $112,683.472 ($2,248.00)3 $1,225.004 $8,224.025 3. 4. Rollover 401(k) from Victory Market Retirement 1 The marital residence is encumbered by a mortgage with York Federal Savings and Loan with an approximate payoff as of December 10, 1998 of $102,316.00. Plaintiff made the mortgage payments from separation through June of 1997. Defendant has been making the mortgage payments on the marital residence from June of 1997. 2 Plaintiff has not obtained an appraisal of the real estate at this time. plaintiff requests the opportunity to submit an appraisal of the property closer to a hearing date to insure a fair value of the property for distribution purposes. Along these grounds, Plaintiff would like to determine whether Defendant is opposed to such appraisal and if Defendant is willing to assume a portion of the costs of such appraisal. 3 The 1997 Buick is used by Plaintiff. The 1997 Buick has a trade-in value of $15,025.00. The car was purchased for $27,000.00 on July of 1996. The amount owed on the 1997 Buick is $17,248.00. The car has no value for division purposes. 4The 1986 Oldsmobile Cutlass is used by Defendant. The car has a trade in value of $1,225.00 and no debt exists against this car. Plaintiff reserves the right to seek formal valuations if necessary for a hearing. 5 Earlier this year, Plaintiff received a roll-over payment from a former employer, Victory Markets, in the amount of $8,224.02. Plaintiff currently maintains all of his 401(k) contributions in a separate 401(k) through Fidelity Fund, with an address of P.O. Box 5421, Cincinnati, OH 54251. The present value of the plan is $13,104.00, of which approximately $5,000.00 is non-marital property. i 5. PNC Savings Account $2,000.00 6. corning Credit Union (loan) ($12,000.00)6 7. Coring Credit Union (Joint account) $100,000.007 8. Snowblower $650.008 9. Lawn mower $200.009 10. piano $850.0010 11. Cherry Drop Leaf Table $800.0011 6 Plaintiff continues to make regular payments on this loan. 7 Joint account with Jeannette Hoghtaling (Defendant's Aunt) and Defendant. It is believed that additional assets are available to Defendant through inheritance, gift or otherwise in an amount excess of $300,000.00, including the joint account. 8This item in presently in control of the Defendant. The value of this item should be appraised and Plaintiff requests the opportunity to obtain an appraisal of this item with other items on personal property. 9 This item in presently in control of the Defendant. The value of this item should be appraised and Plaintiff requests the opportunity to obtain an appraisal of this item with other items on personal property. 10This item in presently in control of the Defendant. The value of this item should be appraised and Plaintiff requests the opportunity to obtain an appraisal of this item with other items on personal property. 11 This item in presently in control of the Defendant. The value of this item should be appraised and Plaintiff requests the opportunity to obtain an appraisal of this item with other items on personal property. ii 12. Two (2) end tables $300.0012 13. Couch $300.0013 14. Dining Room Hutch $400.0014 15. Dining Room Table $800.0015 16. Dining Room Break front $700.0016 17. Couch (den) $400.0017 18. Two (2) end tables (den) $200.0018 19. Recliner (den) $200.0019 12 Plaintiff, non-marital property. 13 Defendant non-marital property. 14 This item in presently in control of the Defendant. The value of this item should be appraised and Plaintiff requests the opportunity to obtain an appraisal of this item with other items of personal property. 15 Defendant, non-marital property. 16Defendant, non-marital property. 17Defendant, non-marital property. 18Defendant, non-marital property. 19 This item in presently in control of the Defendant. The value of this item should be appraised and Plaintiff requests the opportunity to obtain an appraisal of this item with other items of personal property. iii 20. Rocking chair (den) 21. Bed, dresser, chest of drawers (Master bedroom) 22. Couch (first floor bedroom) 23. Antique bed and dresser (2nd floor bedroom) 24. Bed, dresser, and night stands (2nd floor bedroom) 25. Misc. Jewelry 26. Refrigerator $150.0020 $2,000.0021 $800.0022 $900.0023 $900.0024 $40,000.0025 $900.0026 20 This item in presently in control of the Defendant. The value of this item should be appraised and Plaintiff requests the opportunity to obtain an appraisal of this item with other items of personal property. 21 Defendant, non-marital property. 22This item in presently in control of the Defendant. The value of this item should be appraised and Plaintiff requests the opportunity to obtain an appraisal of this item with other items of personal property. 23This item in presently in control of the Defendant. The value of this item should be appraised and Plaintiff requests the opportunity to obtain an appraisal of this item with other items of personal property. 24 Defendant, non-marital property. 25 Defendant maintains many of her family heirlooms, including jewelry, which was acquired during marriage. Plaintiff believes that the value of these items exceeds $40,000.00. 26 This item in presently in control of the Defendant. The value of this item should be appraised and Plaintiff requests the opportunity to obtain an appraisal of this item with other items of personal property. iv (5) Plaintiff's gross income is approximately $1,325.45 per week. A copy of a recent pays tub is enclosed. 6 GIAtn' W.',. with you STEPHEN G MALONEY 304 KAY ROAD MECHANICS8URG, PA DUC,uPTK)H REGULAR PAY OVERTIME VACATION HOLIDAY HOL PERS DAY OTHER PAY RX PREMIUM SMIP BONUS OTHER EARNINGS TotAL HOllftS . EAMItGS . . -:.;:,,<~;;.-:,,"~~:;."';'",:;:,~,,:,:, LO MED EMP CTRI8TN DENTL EMP CTRIB SUPPL MET LIFE SAL SUPPLMT LTD TOTAl. CURRENT 1,325.4S ,.'.D 72,100.14 + Giant Food Stores, Inc 1'49 Illrrbbwl Pite Carlhl.. PA "Oil CHECK NO, CHECK DATE, PERIOD ENDING, 09901 t41 12/1B/1l8 12/12/98 SSN 056-32-9966 STORE/OEPT, 0059 0070 150 17055 TAX STATUS: EXEMPTIONS, TAX AOJ, M 05 IMPORTANT MESSAGE M feD: OS STATE: FED: STATE' ... .<<SPECIAL.'INFORMATlON HOURS AND EARNINGS TAXES AND DEDUCTIONS. CURkUT Y.'.D CUft"ENT V-T.D HOURS EARNINGS HOURS EARNINGS DUC'uPflOH AMOUlII AMO\lIIT 40.00 1,325.45 64,77' .37 FICA-OASDI .00 4,240,80 .00 .00 99.41 FEDERAL IS4.S8 9,0117.110 .00 .00 2.650.90 FICA-HI 18,78 1.024.911 .00 .00 1,575.10 STATE PA 36.28 1,1180,110 .00 .00 265.09 E PENNS80R T CU .00 6114.311 .00 .00 60.00 HAMPDEN TWP CU 13.2S 211.S0 .00 .00 130.00 .00 .00 2,336.27 .00 .00 210.00 TOTAL TAX CT GARNISHMENT OCC, WAGE TAX 1,325.45 72, too. t4 .. .. ..... 'LL U J 0 LO AL AX 4.30 192.9B .92 46.92 7.27 370.77 17.40 887.40 29.89 1,49B.07 ...-......-.................--......-....-...-..-...-.....-.-....... tOTAL MISe. OED. '>'-". 742,67 36,8S1.S9 742.67 222.89 359.89 18,3B3.07 17,065.48 + 1:1......IIIMII!,I:lI~I.~.:.I:II:..::I..I....',.U.toI.I..111o:..II...(I..'"....:II:.I.II..III:a..'t....:I.II~,'..I..:U(el'..J....1fl=-:.I:Ia...:I:1 ~ . GIANr . ' ...,. wtth you . CARLISLE. PA 17013 GIANT FOOD STORES/MARTINS FOOD MARKETS OAlt t2/18/98 CIl'c, _,,(:,c. 990t 141 VOID ,.....742.61 .. , ..-" ." ,'".-:. PAY V9fDYUNDRE1IefDl1 & bVOID TO THE ORDER OF STEPHEN G MALONEY :; ;;,,' .:~".. , (, J-I.' .-/i~~\ !~! .r...., ..: ,~-~ ..-:..-. ,":, TIllS IS NOT A CHECK NON - NFr.oTl A Rl.E .' ,"oJ.', ANDRHW C. Slmm.y ATIORNH\' AT IJ\W Telep"""" (717) ti'l7.7050 127 StlUth MarLeI ~htl:l P.O. 11\" qS ~'rcI141lh:fllUr+1. 11t'llluylv4111n. 17055 I:..: 17171 ti'l7.701:J5 November 19. 1998 E, Robert Elicker, II, Esquire OFFICE OF DIVORCE MASTER 9 North Hanover Street Carllsler PA 17013 RE: Maloney v. Maloney 97 - 1417 Dear Bob: I am enclosing a time-stamped affidavit filed earlier today averring a two (2) year period of separation In the above-captioned matter. I am enclosing a copy of this affidavit to Attorney Katzman so that he Is aware of the filing. V.~?'" ANDREW C. SHEELY ACS/as c: Stephen Maloney Ronald M. Katzman, Esquire STEPHEN G. MALONEY, Plaintiff IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 97-1417 v, PATRICIA A. MALONEY, Defendant CML IN DNORCE ORDER OF COURT AND NOW, this _ day of , 1999, the Court hereby makes its Rule absolute and orders that the appearance of Ronald M. Katzman, Esquire, and Goldberg, Katzman & Shipman, P.C. as counsel to Defendant, Patricia A. Maloney, is hereby withdrawn. BY TIm COURT: J. " MICHAEL S. TRAVIS ATTORNcY AT LAW 04076 MARKeT STRteT. SUITt 209 CAMP HILL, PA 17011 TtLePHONt (717. ?31-UDOr rAX 17171 .7:11,8511 August 12, ]999 Andrew C. Sheely, Esquire 127 South Market Street P.O, Box 95 Mechanicsburg, PA 17055 RE: Maloney v. Maloney, No, 97-1417, MOlion 10 Compel Discol'ery Dear Andrew: ] am in receipt of)'our letter dated August 9, 1999. There is no inconsistency in Attomey Katzman's letter and our answer to your motion. Absent an Order of Court, I calmot be expected to prepare answers to interrogatories and a pretrial statement without possession of my client's file. There may be substantial infonnation about the case which] do not have. Mrs. Maloney has failed to retum the Answer to your Complaint which 1 prepared for her only weeks ago. She has a real problem soning through the paperwork. Reliance on her records to prepare the pretrial and inten'ogatories will not be sufficient. Withoutthc bcncfit of her filc, I cannot bc expected to comment on the infonnation contained therein. If you call Attomey Katzman to the stand. I suspect that his testimony will be IIlat he would like his $3,000 before releasing the file, as he communicated to me by telephone on August 4. Any otherthoughts of his regarding the case would clearly be attomey-client privileged. The fact that you have produced a document from my client's previous counsel which] have never seen, proves my point. I I i. 9100 Ladybug Court Fort Myers, FL 33919.6342 August 28, 1999 Mr. Michael S. Travis, Attomey at LBW 4076.209 Market Street C8mp Hill, PA 17011 CG(Q)~W Dear Mr. Travis: Pat Maloney, who along with her husband. Steve, h8ve b8en friends since 1963, has asked me to write a letter to express my perception of the marriage relationship between them prior to their separation in 1996. I am pleased to write this letter since I have been completely perplexed by the actions that Steve has apparently taken. I met Pat and Steve shortl\' after I moved to Corning, New York. As a result of the relationship that developed through m\' use of their pharmac\'. I was asked by them to counsel Pat's daughter. Anne 1,1arie, at a time of personal crisis for her. After the successful resDlution of that situation. triggered by their gratitude, our friendship gradually developed. There were many occasions of contact including some of a pastoral nature as a family friend, to include the funeral of Steve's son. Michael. and Anne Marie's wedding. II is out of this deep level of friendship that my sense of consternation for Steve's separation and isol!ition from Pal !ind Juliana arises. Ahhough I have not attempted to contact Steve since the time of the separation. I em confounded b\' his lack of EffDrt to contact me. (My reluctance to initiate contact with him arises out of m\' lack of clarit\. for what would help or hinder his self. awareness process.) This is not an action consistentl'o'ith his previDus pattern. For example, he readily and quicl:l\' reached out to me for Anne Marie. when Michael died and when he was attempting to solidify his relationship with his mother and the rest of the Malone\' famity. One of the attracting qualities to Steve for me was his abject loyalty and commitment to Pat. her daughters and his twin sons. In addition. the expressed agony for the absence of closeness with his sons Vias heart rending. His love for Anne Marie and Juliana was the picture of mutuality. Open demonstrations of affection for the young women Bnd Pat were profuse and genuine. Tha inabilitr to have the same relationship level with his sons \','as frustrating because his attempts to express it were often rebuffed. (The evidence pointed to the sons' struggle to clarify their unique relationships with both parents without betraying their mother with whom they lived.) Paramount to the essence of our friendship was the value of love, respect and utter loyalty Steve showed for Pal. His actions were the epitome of devotion. In fact, in a conversation with them in their home in Camp Hill. following my own move to Florida. Steve pointedly gave me an ultimatum. of sorts. that my wife and I never let anything come between us. This was so true to his value of the bonds of marriage. And. it was consistent with his behaviors following the devastation of Michael's death when he did all he could to maintain solidity in his relationship with Pal. He consistently exclaimed how her presence at his side was the saving force for his "keeping it together.' Since the Maloney's separatiDn. I have struggled to understand what occurred. I accept that there are always two sides to a breach in primary relationships. But. I am taken to the edge of understanding about this one. I have 8sked Pat and myself. as we have conversed on the phDne. "What is the driving force here?' Speculation reigns in the face of elusive answers. I went so far with Pat as to pose that Steve might be having an Bffair. II even occurred to me. based upon Anne Marie's continuing isolation of herself and her children from her mother, that there my be OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Slreel Carllsl8. PA 17013 (717) 240.6535 E. Robert Elicker, II Divorce Master Tr.cl Jo Colyer Office Manager/Reporter West Shore 697-0371 Ex\. 6535 October 12, 1999 Andrew C. Sheely, Esquire P.O. Box 95 Mechanicsburg, PA 17055 Michael S. Travis, Esquire 4076 Market Street, Suite 209 Camp Hill, PA 17011 Re: Stephen G. Maloney vs. Patricia A. Maloney No. 97 - 1417 Civil In Divorce Dear Mr. Sheely and Mr. Travis: Since both counsel have apparently approved the agreement with a minor change, I am sending the original document to Mr. Sheely's office for Mr. Sheely to affix his signature and his clientrs signature and the date. Mr. Sheely should then forward the original document to Mr. Travis so that his signature and his client's signature can be affixed and the document dated. Mr. Travis should then send a copy of the fully executed document to me and to Mr. Sheely at which time I will prepare an order vacating my appointment as Master. Thank your for your continuing cooperation in bringing this matter to conclusion. Very truly yours, E. Robert Elicker, II Divorce Master MICHAEL S. TRAVIS ATTORNE:Y AT LAW ..078 MARKET STREET. SUITE 209 CAMP HILL, PA 17011 TELtPHONE C7171 731.D!$OZ F'AX C7171 731.tiUSII October 26, 1999 E, Robert Elicker, IT, Esquire Office of Divorce Master 9 North HBnover Street Carlisle, P A 17013 RE: Stephen G. Maloney v. Patricia A. Maloney, No. 97-1417, In Divorce Dear Mr, Elicker: Enclosed for service ple8se find the origin81 marital settlement 8greement, signed by my client. Also enclosed is a check for $12.50 for preparation of the agreement to Ms. Colyer. Upon receipt of the Decree in Divorce, I will mark this matter resolved. Thank you for your assistance with this CBse. Very truly yours, ./. e-- ich8el S. Travis MSTlhm Encl. pc: Patricia Maloney Andrew C. Sheely, Esquire