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HomeMy WebLinkAbout97-06566 b) ~ ,c. . ~ ,. - oJ w 1= ...J I I I I I I I ...0 ! ~ I ....) i I _ f\ ! 'W ' ~) 21 j - ::> C) \ i i , i p tI) :> \ "" / " ~ . divorce decree will be entered this date". Signed by Edgar B. Bayley, Judge. The divorce decree had that the Court would retain jurisdiction of "all economic issues raised in the pleadings". When Mr. McCue was testifying in the bankruptcy action, it is my recollection that his testimony was that he understood by permitting the divorce to b~come final, after the parties had been separated some 20 years, that he still had his claims to economic issues. The purpose of my referring this to the Divorce Master was to give Mr. McCue an opportunity to pursue that and apparently he has chosen not to. We will now proceed with our partition action which had been filed prior to this meeting. THE MASTER: Mr. O'Brien, is it your understanding that at this point there is no reason to have the Master's involvement in this case and that I can file a request with the Court to vacate my appointment? MR. O'BRIEN: Yes, that is fine. THE MASTER: Thank you. cc: Robert L. O'Brien Attorney for Plaintiff Vincent C. McCue Pro Se (did not appear) 2 r--~-------_.--._------------~ . . . . . . . . . . . . . . . i . . . . . . . . . t - . I . . . . ! ..~ ,)r/)'" ~;7L'" J. : ~ . ~~ ~ I .. ~~r:.:. -< r' {J.z . ~ tI' 7....;;tr~~lh;~~t..ry. .. ~ ~ ________________~_.~_~______J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNSYLVANIA EL~.Z~ETH A. MC::~NT~~~ ..... II ....... ................. ~ VerslIs II VIN~E~~ c. MCCU:~FEND~; ...... II N o. .........9..?:::.6.~.~6,..............., 19 DECREE IN DIVORCE AND NOW, ...,~.,' ,r?:-.. ,., .... 19,q~... it Is ordered and ELIZABETH A. MCCUE decreed that ...................."..,......,..,..........,.... plaintiff, VINCENT c. MCCUE and. . . . . . . . . . . . . . . . . . . . . . . . , . . . , . . . . . . . . . . , , . . . , . . , , . . . . , , . .. defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ALL ECONOMIC ISSUES RAISED IN THE PLEADINGS .. .................................... .... ................................, ...... .... ..,.,... ..,... "';;:" .,.,... .,.....'....... . . ~ . ~ . . . . . ~ . . t J. . . - . ... v W . ~ . . .. g ~ j * ~ 3 ,\ s: /3'l; &..I (~~ e ~4C2l%, S.I.3.f'~ ~ ~4'1If' " I ELIZABETH A. McCUE. Plalnt1 ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. VINCENT C, McCUE, Defendant 97-6566 CIVIL TERM ORllfLO LtO URT AND NOW, this 12th day of May, 1998. this divorce is bifurcated, The bifurcated divorce decree will be entered this date, Suson J, Otto. Esquire For Plaintiff - ~~ .5/~ol'lI' Vincent C, McCue, Defendant ..d. of. 460 St, John's Drive Camp Hill, PA 17011 ;prs :, .. ~ L ~, '.~'1 ',"1 ~ i 'v .,+ e I ),VU 13& i i , , , I I I I ! I \'.t.".A'1.(:;,\i','"~'! j '\,," .\" .' '. ':"'1 '-.L." . . . ."11",, l~Vl'~_ ,_ .. .. _ :;.:) ;~:"~;' .":~-G~-.'j (!) MAR 2 :; 1998 _/ Plaintiff : IN TIlE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY. PENNA, ELIZABETH A. MCCUE, vs. : 1997.6566 CIVIL TERM VINCENT C. MCCUE, Defendant IN DIVORCE IN RE: PETITION TO BIFURCATE ORDER AND NOW, this 30 tL day of March, 1998, a rule is issued on Vincent C. McCue to show cause why the proceedings in divorce should not be bifurcated and a Decree in Divorce granted to the Plaintiff. Elizabeth A. McCue. This rule returnable and to be heard the 1.;l1L day of ''1~ . 1991!, at I: 30 P.m. in Courtroom Number ..1 , Cumberland County Courthouse, Carlisle. PA. BY TIlE COURT, ~~, ~+.. 13. ~ 1. Susan J. Otto, Esquire For the Plaintiff Vincent C. McCue. Pro Se Defendant Law Office. Duncan .. Otto. P.C. TRUE COpy FROM RECORD In Test:mony wh( rr ,1/, I h~r~ u~to set my hand and the seal of said Court at Carlisle, Pa. This .n,J.o.~ day of.2n~"n, 19..u~. M...........,.~a.p~~f~n.<....- .r. fJ~' r /(1t/{ {..)(/ fr -a'L!lt/. ?,.,,: /.-; 1 ~~~; ,.:.;;1.. { ; ; v ' ;!<?f.( (l21f 'r:, u.,/;:(';;{- , 'i.) / -r .., ,. Ie(,..)' ,.{(.J " r)~/' ~ 7" /(/fti[ ('vI,) ELlZABETII A. MCCUE. PlaintllT !vI()r/{-r Iv 02<<i~~/~j () J-4t'/~ {L ;2 }/ : IN TilE COURT OF COMMON PLEAS t/l " ;/ / ( /~ OF CUMBERLAND COUNTY. PENNA. Itt ( (... l.{: " VI. VINCENT C. MCCUE. Defendant CIVIL ACTION. LAW : IN DIVORCE : CIVIL TERM 1997- c..f ~4, ."# DEFENDANT'S COUNTER-AFFIDA VIT UNDER SECTION 3301 ld) OF TIlE DIVORCE CODE I i. .. I. Check either (a) or (b) (l (a) I do not oppose the entry of a divorce decree M (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): () (i) The parties to this action have not lived separate and apart for a period of at least '-' '-/ tW}l years. ,/ . I II II . / r.. ()(J Ie,! . 00 (ii) The marriage is not irretrievably broken ~H Y, r, t.' GE I'v?, T< J_ .. 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 th5m before a divorce is granted. (1 (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 ~ntered without further delay. 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 penal tie of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date (' 1/11 (I~ NOTICE: IF YOU DO NOT WISII 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. n ~ Q S '" ""O(,! t...: .;J r'''''r:" )... ;"'11 ~:.' . . f-"-~ i;!~'. I'\J .-"11 - '/6 F?c.. :;-,: ---'I ..::: r:: .;.,. -'. ~_"'r~) ::;~ t=.... - (.jtrl - ~ .. . I - ,. ~ en .... if ~~ ! Pi O"ICI 0' DIVORCI MAITIA CUMBERLANO COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240.6535 I. Robert IlIokor, II Divorce Master Trocl Jo Colror Office Manager/Reporter Wo.' Shoro 697-0371 EMI. 6535 r ...,. April 21, 2005 .. Robert L. O'Brien Allomey at Law O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, P A 17013 Vincent C. McCue 460 SI. John's Drive Camp Hill, PA 17011 RE: Elizabeth WianlMcCue vs. Vincent C. McCue No, 97 - 6566 Civil In Divorce i". !_~- \\ , Dear Mr. O'Brien and Mr. McCue: Inasmuch as the parties were divorced on May 12, 1998, and no economic claims were raised in the pleadings, I am inquiring as to why I have been appointed in this case. I note that I have scheduled a conference on June to, 2005, at 9:00 a.m. Please advise as to what issues I am expected to address at the conference. Very truly yours, E. Robert Elicker, II Divorce Master 1.<11. Olliee" O'BRlE.... B..RIC" SCllt'Rt'R 19 West Suu/Ir Sfre", Curlut.. P.nluylvunlu 17tJI J Rob.rl L. O'Brien D,wiJ A Buric Mielra.' .. &Ir.rrr (717) 149,6117J FlU (717) 149.5755 E.mail: obJf~)abJIIlW...am April 15.2004 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, Pennsylvania 17013 RE: Wla" V. McCue Dear Mr. Elicker: I am writing to give you the background on the motion we filed for your appointment as master in the above-referenced matter. Mr. McCue and his wife separated in the 1970's. Mrs. McCue was finally able to obtain a divorce in May of 1998 where all economic issues were preserved. I have enclosed a copy of the divorce decree and court order. Mr. McCue continued to have exclusive possession of the home for the last twenty plus years and the mortgage was paid when the parties separated. My client wishes to reduce her interest in the property to cash. Mr. McCue, in an effort to thwart this, has gone into the bankruptcy court on two separate occasions. His first bankruptcy filing was dismissed for his failure to pursue the matter. His second filing was challenged by Mrs. Wian and the judge has issued an opinion and order. I have enclosed those for your review also. Judge France is looking for some determination as to what, in fact, Mr. McCue's equitable interest in the real estate is. I have also enclosed a copy of the 2004 tax assessment which indicates the value of the real estate at $188,950.00. I would suggest that we schedule a pre-hearing conference with Mr. McCue, who mayor may not be represented by his bankruptcy counsel, Steven P. Miner, Esquire. Mr. Miner has not entered an appearance in this matter, so I am assuming that Mr. McCue will continue to be representing himself. Very truly yours, O'BRIEN, BARIC & SCHERER ~ I<O-B,u.;..--- Robert L O'Brien, Esquire RLO/ta cc: Elizabeth Wian File rtolCllentalWlanlellckor.ltr r----.-------.-------.-..:-;.I-------~ . . . . . I . . . . . . ............. ~~~~~.~:r.. .l::~....~C~.'..................... ...... . DBPBNDANT . ......................... ................. . . . . I . I . . . I . . . . . . Alt.... Curtis R. Long, Prothonotary J. . ....~K~.;;..~w=;! II CERrIFIED COPY ISSUED Ml\Y 13. 1998 JIi ~---------------------~---~--~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNSYLVANIA BLIZABBTH A. MCCUE, ,......-.................................-........................................... N (). ........~.!.~.~.~~ 6 ............,..... 19 PLAINTIFF ....................................-................................ ............. Veraua DECREE IN DIVORCE AND NOW, ' .. ,~ .J,~, .. , .. .. . .. .. .. .. .. 19 .~& . ... It I, ordered and BLIZABBTH A. MCCUE decreed that ...............,........,......................... plaintiff, VINCENT C. MCCUE and. . . . . . , . . , . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ALL ECONOMIC ISSUES RAISBD IN THE PLEADINGS .................................... ......................................, / .'\ ..' \, I "f' I, , ' ..t....., '.} '. ...,. .. ~, B, Th. Court I .... .......... .... ........ ............................... ~ . . ,,\ ... .l~L~..~....~l(~~.................................................... 'I' , '. . . . . . . . . . . . . . I . : . . . .. . - . j . . . ELIZABETH A, McCUE, Plaint! ff V, VINCENT C. McCUE. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 97-6566 CIVIL TERM DRDER OF COURT AND NOH, this 12th day of May. 1998. this divorce is bifurcated. The bifurcated divorce decree will be entered this dote. SutQfi J. Otto. Esquire .J:df PlainU ff Vincent C. McCue. Defendant 460 St. John's DriYi Camp Hill. PA 1701 :prs ".w.,..>......___._.______."1IIIfII Ct..: ,?;r:JA. (.(}ia..... IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INRE: * VINCENT C. McCUE, * Chapter 13 Debtor * * Case No.: 1-64-634S0MDF ELIZABETH WIAN, * Movant * * v. * * VINCENT C. McCUE, * Respondent * ll' . i OPINION Procedural and Factual History Before me is the motion of Elizabeth Wi an ("Movant") who seeks relief from the automatic stay to pursue a complaint she filed pre-petition in state court to partition real estate she owns with Vincc:nt McCue ("Debtor"). The parties were married for approltimately twenty years before they separated in 1981. During their marriage they acquired a home located in Camp Hill, Pennsylvania, which Debtor retained as his residence when the parties divorced on May 18, 1998. The dh:orce was bifurcated, and no subsequent order to divide marital property has been entered by the state court. The mortgage on the residence was satisfied before the parties separated in 1981. After their separation, Debtor assumed responsibility for alltaltes and other eltpenses related to the maintenance and preservation of the property. Debtor failed to pay real estate taltes during severaltalt periods, and the property was listed for talt sale more than once, However, each time Debtor managed to avoid losing the home by paying the amount due prior to the sale, For talt ffi1~[ID invitation. The matter is ready for decision. I Discussion Motions for relief from stay are governed by II U,S.C. ~362(d), which provides that relief can be granted "(I) for cause, including the lack of adequate prot:ction" or "(2) if the debtor does not have equity in (the property subject to the motion] and (it) is not necessaty for an effccti,,.e reorgani7.ation." Debtor has equity in the property so it clear that subsection (d)(2) docs not apply in the instant case; therefore, Movant must proceed under subsection (d)(I). Under subscction (d)( I), a movant bears the burden of making an initial showing of cause. In re Telegroup.lnc" 237 B,R. 87,91 (Bankr. 0, N.J. 1999); In re Holly's, Inc., 140 B,R. 643 (Bankr. W,D, Mich. 1992). Debtor bears the burden of proving that Movant's interest is adequately protected such that relief is unnecessary. See. II U,S.C. ~362(g)(2). In Pennsylvania, "(w]henever married persons holding property as tenants by the entireties are divorced, they shall, except as otherwise provided by (court order], thereafter hold the property as tenants in common of equal one-half shares in value." 23 Pa.C.S.A, ~3507(a). When Movant and Debtor divorced in 1998 their interest in the fonner marital residence as . tenants by the entirety was converted to a tenancy in common. When a tenant in common files a petition under the Bankruptcy Code his undivided interest becomes property of the estate under section 541(a)(I). In re Yun Chin Kim, 288 B.R. 431 (Bankr. 0, Md. 2002) (Property that debtor owned asjointtenant with his mother as of commencement of his Chapter 7 case was thereafter 1 have jurisdiction to hear this matter pursuant to 28 U.S.C. Ul57 and 1334. This matter is core pursuant to 28 U.S.C, ~ I 57(b)(2)(A),(O) and (0). This Opinion constitutes the findings offact and conclusions oflaw made under Fed. R. Bankr. P. 7052. 3 owned as tenanlS in common, with debtor's one-half interest in property being included in property of the estate,) A debtor's interest becomes part of the bankJUptcy estate, but it is subject to the same equities in favor of the cotenant enjoyed by a creditor of the debtor holding a judicial lien. See Collier on Bankruptcy. ISlh Edition (Revised), '54\.OS[6][c] (citing In re McConnell, 197 F. 438 (N.D. N.Y, 1912)). Thus, in the instant case, Movant is entitled to receive the same treatment in Debtor's case afforded to a creditor with an unavoidable judicial lien. A judicial lien creditor whose interest is not otherwise avoidable in bankruptcy is generally entitled to adequate protection of her interest in the property against which she holds a lien. II V.S.C. H361 - 363. The purpose of providing her with adequate protection is to ensure that she is able to receive "the indubitable equivalent" of her "lien" even while she is prevented by the automatic stay from acting on the lien. United Savings Association of Texas v. Timbers of Inwood Forests Associates, Ltd., 484 U.S. 365, 108 S.Ct. 626, 98 LEd.2d 740 (1988), Adequate protection may be provided in several ways. A debtor may make cash payments or provide an additional lien to compensate the creditor for the decline in the value of the collateral. II U.S.C. . ~ 361, Adequate protection also can be provided in the form of an "equity cushion" created by tbe value of a property over and above the amount of encumbrances against it. "Although the existence of an equity cushion as a method of adequate protection is not specifically mentioned in g361, it is the classic form of protection for a secured debt justifying the restraint ofUen enforcement by a bankruptcy court." In re WRB West Associates Joint Venture, 106 B.R. 21', 219.220 (Baw. D. Mont. I 989)(citing In re Curtis, 9 B.R. 110, 112 (Bankr. E,D. Pa. 1981)). 4 Debtor has not provided adequate protection to Movant in his Chapter 13 plan by making cash payments or by subjecting his interest in the property to a lien in favor of Movant. But Debtor's interest in the property remains as a possible source of adequate protection. Movant's interest in the property is unencumbered, but Debtor's interest is subject to the judgment lien of the Garman Estate. Debtor valued the propeny at $ 180,000, and Movant estimated the property was worth approximately $200,000. Movant, however, admitted that she had not seen the home recently and had no lirst-hand knowledge of its condition. Basel.! upon the Deiltor's greater familiarity with the real estate, the Court will assume for the purposes of this motion that the property should be valued at $ 180,000 as of the date of the filing of the petition, Assuming an equal division of the value of the property, the interest of each party is approximately $90,000, When the lien of the Gannan Estate is subtracted from the value of Deb lor's interest in the property, even if the Estate's claim is allowed at $64,058.78, Debtor would retain approximately $25,000 in equity. Therefore, there is substantial equity in Debtor's interest in the property, which could provide a source for adequate protection of Movant's interest. Movant's case to show cause for relief from the stay is essentially an equitable one based on her age and her entitl~mentto some ponion of the home equity that the fonner couple created during the marriage. Movant testified that she worked very hard during the marriage but received nothing in compensation at the time of the divorce. She now wishes to "have the money that's coming to me . . .." Movant is seventy-six years of age, remarried and residing with her husband in a home they own in Carlisle, Pennsylvania. They have a combined monthly income ofapproximately $1,500.00 per month from social security in addition to commissions Movant's husband receive! as a salesman for a chemical company. (The amount of the commissions was 5 ..~ , .. I . , not made of record.) Movant did not provide evidence !hat unless !he real estate is liquidated, she will be unable to meet her basic needs. At this time Movant has failed to establish cause for relief from !he stay to allow her to proceed in state court to liquidate the property in which Debtor currently resides. Debtor has made no provision for adequate protection of Movant's interest during !he 60- month tenure of his Chapter 13 plan, Relief from the stay is appropriate to permit !he state court r to determine !he value of !he current interest of each party in the property. Although each party taxes he paid on !he property since the divorce, as well as the cost of any repairs made to !he ~ i holds a one-half interest in the real estate, Debtor is entitled to reimbursement for real estate property. See Huffman Estate, 349 Pa. 18,21 36 A.2d 638,639 (1944). Movant is entitled to one-half of !he fair rental value of the property for the period it has been in the Debtor's exclusive possession since the divorce. See Sciollo v. SciOIlO, 446 Pa. 414, 288 A2d. 822 (1972). Relief from !he automatic stay will permit Movant to proceed with the state court action solely to determine the liquidated value of her interest in the property after appropriate credits and deductions have been applied. Once the slate court renders its decision, Debtor must either . address Movant's interest in !he property by providing adequate protection, such a lien in Movant's favor on Debtor's interest in the property, or by making payment.; through the plan. An order granting relief in part follows. BY THE COURT, ?l~~a~J- ~..... Date: November 16,2004 Thi.f electronic order is signed and filed on the same date. 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE D1STRJCT OF PENNSYLVANIA In rc: Chapter 13 I. VINCENT C. McCUE, Debtor Case No, 1-04-3450MDF ELIZABETH WIAN, Movant I 1 .. I , " v. VINCENT C. McCUE, Respondent I ~ BY THE COURT, ORDER AND NOW, at Harrisburg, in said District, the motion for relief from stay filed by Elizabeth Wian is hereby GRANTED IN PART. Movant is granted relief from the stay to proceed in the Court of Common Pleas of Cumberland County to detennine the liquidated value of Movant's interest in the premises located at 460 North SI. John's Road, Camp Hill, Cumberland County, PelUlsylvania. ?l~~~~L Date: November 17, 2004 71r1l electronic order is signed andfiled on the same date. , I I ELIZABETH A. MCCUE, PlalntllT : IN THE COURT 01<' COMMON PLEAS : OF CUMBERLAND COUNTY, PENNA. VI. : CIVIL ACTION . LAW : IN DIVORCE : CIVIL TERM 1997- G:le. e. ~ ~..,... r VINCENT C. MCCUE, Defendant NOTICE TO DEFEND AND CLAIM RI~ You have been sued in court. If you wish to defend against the claims set forth in the ~ , following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the PlaintilT. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IFYOU DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 ELlZABETII A. MCClJE, PI.intiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. \II. VINCENT C. MCCUE, Defendant CIVIL ACTION. LAW IN DIVORCE CIVIL TERM 1997- ~ H 4 cZu.:-t ,.__ COMPLAINT UNDER SECTION JJOHdl OF HIE DIVORCE CODE The Plaintiff, ELIZABETH A MCCUE. by her allorney, Susan J OliO, sets forth the following cause of action I. Plaintiff is ELIZABETH A. MCCUE, a sui juris adult who currently resides ot 36 Greenfield Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is VINCENT C. MCCUE. a sui juris adult who currently resides at 460 St. John's Drive. Camp Hill. Cumberland County, Pennsylvania. 17011. 3. Plaintiff and Defendant have been a bona fide resident of the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were married on December 19, 1953. 5. There was a prior action filed for divorce between the parties docketed to Cumberland County No 614 Civil Term 1981. The case was dismissed by Order of Court dated October 25. 1994. 6. The marriage is irretrievably broken 7. Plaintiff has been advised that counseling is available and that Plaintiff may ha\le the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Date: November;)./ ,1997 .i~~/.~S4. t1JkJ Ausan J Ollo.lj!ulre AttomC'J for Plaintiff COMMONWEALTfI OF PENNSYLVANIA: II. COUNTY OF CUMBERLAND I verifY that the statements made in this Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject 10 the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification authorities. Date; November J' ,1997 ~;.L.I/~ )1 ~ hzabeth A. McCue H ELIZABETH A. MCCUE, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. VI. VINCENT C. MCCUE, Defendant CIVIL ACTION - LAW IN DIVORCE CIVIL TERM 1997- ~ -)(. l. QW-;J .,- AHlDA VIT Elizabeth A McCue, PlaintilT, 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 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 cltM 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 penaltir.s of 18 Pa.C.S.4904 relating to unsworn falsification to authorities. CJt;kd~.J; o/;J~ -/ izabeth A. McCue " " ELIZABETH A. MCCUE, Plain tilT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. VI. VINCENT C. MCCUE, Defendant : CIVIL ACTION . LAW : IN DIVORCE : CIVIL TERM 1997- l. '1.1. Q....:,..J T..- ..$ NOTICE [fyou wish to deny any of the allegations set forth in this affidavit, you must file a counter affidavit within twenty days after this affidavit has been served on you or the ") statements will be admitted. PLA[NTlFF'S AFFIDAVIT UNDE~ SECTION 3301(dl OF THE DIVORCE CODE I. The parties to this action separated on February 9, 1981 and have continued to live separate and apart for a period of at least two years. I': 1'- 2. The marriage is irretrievably broken. 3. [understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if [ do not claim them before a divorce is granted. I verify that the statements made in this affidavit life true and correct. I understand that false statements herein are made subject to the pen&lties of [8 PII.C.S. Section 4904. relating to unsworn falsification to authorities. Date November J I ,1997 CG . u4.:d a )f ~___ Elizabeth A. McCue Page I of I Detailed Results for Parcell 0-20-1846-069. in the 2004 Tax Assessment Database DblrlclNo 10 PlrceUD 10-20-1846-069. MopSuffil HouseNo Dlrecllon Slreel 460 Ownerl Ownerl PropType PropDesc L1y Ar.. CurLondVal CurlmpVal CurTolVal ST JOHNS DRIVE MCCUE, VINCENT C & ELIZABETH A R & WEST LAUER LANE 2016 46440 142SI0 188950 CurPrelVal Acreole 0.41 CIGrnSlal TnEI SaleAml SaleMo SoleDo Solee. SaleVr De.d8kPal. V..r811 1951 HF File_Dale 12/612004 HF _Approyal_SIOlUS A " hnp://laxdb.ccpa.nclldclails.asp?id: I 0-20-1 846-069.&dbsclect= 1 ELIZABETH A. MCCUE, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. VI. VINCENT C. MCCUE, Defendant CIVIL ACTION - LAW IN DIVORCE CIVIL TERM 1997- ',! DEFENDANT'S COUNTER-AFFIDA VIT UNDER SECTION 3301 (d\ OF THE DIVORCE CODE 1. Check either (a) or (b) () (a) I do not oppose the entry of a divorce decree () (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): () (i) The panies to this action have not lived separate and apan for a period of at least two years ( ) (ii) The marriage is not irretrievably broken. . 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 ofIntention to Request Divorce Decree, the divorce decree may be entered without further delay. I veritY 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: Vincent C. McCue 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. Q >D c> [if -...J on <. - ~. .1 ~C~ t.i t[j'" "-... ., ;ry , - (- .v "';10l i.~:~;, <:: ':l~ ~.::( ~ ::ri .-,,- J-_. ...C) .J.! ~ ,:-:;j ,--;01 c. .. f1 ~ ,'-' ~ 'v 1/ t' r ELIZABETH WIAN flk/a ELlZBETH McCUE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , , v. NO. 1997.6566 CIVIL TERM CIVIL ACTION.LAW J ; .iI VINCENT McCUE, Defendant 11 , " , 'I " MOTION FOR APPOINTMENT OF MASTER Divorce Annulment Alimony Alimony Pendente Lite (x) ( ) H Distribution of Property Support Counsel Fees Costs and Expenses Ii 'I Elizabeth Wian, f/k/a Elizabeth McCue, Plaintiff moves the court to appoint a master ,I with respect to the following claims: :i ~ I i ( ! i I ; , and in support of the motion states: DATE: 3)],1 ID~ 11 I I, :1 il I II II !i II I ii i! " " I !I , Ii 'I I II II !I I, II 'I I I (1) Discovery is complete as to the claims for which the appointment of a master is requested. The Defendant has appeared in the action personally. The statutory grounds for divorce are irretrievable breakdown. Delete the inapplicable paragraphs: (a) The action is contested. (b) An agreement has been not been reached with respect to any claims. The action does not involve complex issues of law or fact. The hearing is expected to take one day. Additional information, if any relevant to the motion: None. ~ , (2) (3) (4) (5) (6) (7) ... ~~~;"B~i~n, Esquire 1.0.28531 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 :=POINTI~=~ AND NOW, this /#day 0 ~ I ,2005. ~ ~t.vf ~;~Squire is appointed master with respect to the following claims: irretrievable breakdown. I , i I I (lO'fJ I C') ,I H\lL'dJ.(L 4. L.{ () S- }J; 0 .... ~ G ~ ~ :000 ~:n '"f'r.- 1'1'" ~ .,' ::0 M Ui~' , :n~ ... - O~ ~:~~~:: ::>> ~:U . ;-' "~ .c\.' - Q J.. C:~ - -I ~ ., ~ U1 Cl) .-.,' . ..',.\ 1 \ ...~r: r,' \ r ,'~~ .' ' "OJ'r'.t"\ : .,,''''' \ - ~J\l ~UJ~ 1.:1 : \ \lJ .~ ' ',,' ::....1' ~O " . 1\ '~.'" .', \ ).... _. ...' lJ. .... I.~/t ':~~:G~~o-',.'Jrj ~~ .. - - - - - - __.. .. .. .. - - ... ._ .. - ...x_____._.___:!. . - W' I_ - : IN THE COURT OF COMMON PLEAS : . OF CUMBERLAND COUNTY . . * . . . : STATE OF ~.'. PENNSYLVANIA : . ELIZABBTH A. MCCUB,,, · : PLAINTIFF I N no q.q9.?~~~66................. 19 : . ~~~ . . VINCBNT C. MCCUE, ,I . . DBFBNDAloIT :1 . · t i . DECREE IN : . DIVORCE . . . ~ AN 0 NOW, 0 . . . . . . 0 . . .. . . . . . . . . . . . . . . . " 19 0 0 . . 0 o. It I, ordered and . ; decreed that. . ... . . .. . . . ... ~.~~~~~~~. ~'o . ~~.~~~. 0 ... 0 00.. 0.. plaintiff, i ~ and. . ... ...... .... . . .... ... .VIN~~"". cO. "'."~'. . ...... ... ... dolondant, I . are divorced from the bonds of matrimony. ~ . The court retains jurisdiction of the following claims which have . been raised of record in this action for which a final order has not yet : J b.en entered; ALL ECONOMIC ISSUES RAISED IN THE PLEADINGS . . .........................0..0'.......0.0.........'.0 0....0..00.0' 0.".'. 0 o. * . . . .0....00...00.00.....00....0'00.0..0...'...00.00.0..... 0 0 0.. 0..0.0'.000.0'. , . 8 IIIi By Th. Court: , . : Aii~~t', ..... ............. J. : ~. q'" Prothonota'ry' ~ . ~ _ a ------------_.._----_.._------~ " ELIZABETH WIAN flk/a ELllBETH McCUE. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 1997-6566 CIVIL TERM CIVIL ACTION-LAW VINCENT McCUE, Defendant " ii i ,i PRAEflrJ '{?P~:Al~~'r~~J'JNl~NSeL. TO THE PROTHONOTARY: Please note my withdrawal as counsel for Elizabeth Wian. flk/a Elizabeth McCue, Plaintiff in the above matter. , " i 11 Dated: .3:/~/'" c;- DUNCAN & HARTMAN BY: i! f! II I' il il il I: il Plaintiff in the above matter. " / Susan. m n, EsqUire One Irvine w Carlisle. Pennsylvania 17013 (717) 249-7780 Kindly enter our appearance on behalf of Elizabeth Wian. flkJa Elizabeth McCue, , !; " "?/50/0S . I O'BRIEN, BARIC AND SCHERER " . Dated: 'I II II :1 i , II BY: - k::>(~~ Robert L. O'Brien, EsqUire Pa 1.0.: 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff I I, I I ..,.4~:, SHERIFF'S RETURN - REGULAR CASE NO: 1997-06566 P COMMONWEALTH OF PENNSYLVANIA I COUNTY OF CUMBERLAND MCCUE ELIZABETH A VS. MCCUE VINCENT C _ROBERT L. FINK. SR. CUMBERLAND County, Pennay1vania, who to law. says. the wHhin COMPLAINT - . Sheriff or Deputy Sheriff of being duly aworn according DIVORCE wa. served upon MCCUE VINCENT C deh'ndant. at 1440100 HOURS. on the Ctl.h. day of Dt'cember 1922 at 460 ST JOHN'S DRIVE CAMP HILL. PA 17011 . CUMBERLAND County, Pennsylvania, by handing to VINCENT MCCUE a true and attested copy of the COMPLAINT - DIVORCE together with NOTICE TO DEFEND AND AFFIDAVIT and at the same time directing His attention to the contents thereof. the . . Sheriff's COStSI Docketing Service Affidavi t Surcharge 18.00 8.06 .00 2.00 S~4"~~ R. Thom~s K11ne. Sher1tt 828.06 DUNCAN AND OTTO 12122/~:97 /~~ / ::7 ~ 'Q'''''-.;f~ z.-- Sworn and subscribed to bet ore me this .1.1......( day of Ab_L_ 19 q 1 A. D. '-.... L 'j'L ~ n..,I4: _ A~ I I ~o~on~taty PYS510 1997-06566 Cumberland County Prothonotary's Office Page Civil Case Inquiry MCCUE ELIZABETH A (VS) MCCUE VINCENT C 1 R.ference No..: Filed........l CA3e TYpe.....: COMPI-AINT - DIVORCE Time..!......1 Ju qm.ht......: .00 Exe~ut on Date Ju ge A..igned: Sat/Di./Gntd.. JU~ Trial.... Hi~ er Court 1 H er Court 2 *...**.****............**.................***......*... ...*.................... General Index Attorney Info PLAINTIFF OTTO SUSAN J 1~;~8~~~~~ r MCCUE ELIZABETH A 36 GREENFIELD DRIVE CARLISLE PA 170 3 MCCUE VINCENT C 460 ST JOHN'S DRIVE CAMP HILL PA 17011 DEFENDANT .............................*.....................*...*.*.*****.....*..**...... * Date Entrie. * ****..................*.................*.......*.*..........*........***.**.**. 11/25/97 COMPLAINT - DIVORCE- 12/22/97 SHERIFF'S RETURN FILED Litigant.: M~CUE VINCENT C SERVED :12 19/97 COMPL DIV Co.t.....: $ 8.06 Pd By: DUNCAN AND OTTO 12/22/1997 01/21/98 DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(0) OF THE DIVORCE CODE FILED BY 83/25/98 PETITION FOR BIFURCATION OF PROCEEDINGS 3/30/98 ORDER IN RE PETITION TO BIFURCATE 3/30/98 RULE ISSUED ON VINCENT C MCCUE SHOW CAUSE WHY DIVORCE SHOULD NOT BE BIFURCATED , DIVORCE GRANTED TO PLFF RULE RETURNABLE 5/12/98 AT 1130 PM IN COURTROOM NO 2 EDGAR B BAYLEY JUDGE COPIES MAILED 3/30/98 ...........................................**.**..................*.*..****..... * Escrow Information * * Fee. , Debits Bea Bal Pvmts/Adi End Bal * .*..............................,*.......i......,...**....*......*....***....... 3::88 3::B8 ::81 li8:~8 li8:88 8 5.00 5.00 .0 ------------------------ ------------ 180.50 180.50 .00 .....**......********.*.**......................*..*..**.*.******.************** * End of Case Information * ..........................**....**...................*.*..*...*.**********.****~ DIVORCE TAX ON CMPLT SETTLEMENT MASTER'S FEE DIV PA SURCHG JCP FEE Plaintiff . IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNA ELIZABETH A MCCUE. vs. : 1997-6566 CIVIL TERM j ,I " VINCENT C. MCCUE, Defendant IN DIVORCE IN RE PETITION TO BIFURCATE ORDER AND NOW, this j()tJ.- day of March, 1998, a rule is issued on Vincent C McCue to show cause why lhe proceedings in divorce should not be bifurcated and a Decree in Divorce granted to the Plaintiff. Elizabeth A. McCue. This rule returnable and to be heard the I~~ day of '-tncua ,1998, at 130 p.m. an Courtroom Number (7. . Cumberland County Courthouse, Carlisle. PA. Susan 1. Otto. Esquire For the Plaintiff _ ~.oJ,.....:. ~.J. 3/30/'8' ~6' 1. Vincent C. McCue, Pro So Defendant " ELIZABETH A. MCCUE, Plaintiff : IN THE COURT OF COMMON PLEAS :OF CUMBERlAND COUNTY, PENNA vs. 1997-6366 CIVIL TERM VINCENT C. MCCUE, Defendant IN DIVORCE PETmON fQR.BIFURCATlON QI.PROCEEDINGS I. Petitioner is the plaintiff herein. 2. Plaintiff's div<lrce action avers that the marriage is irretrievably broken and that the parties have been separated in excess of two years, 3. Plaintiff served defendant with a Notice of Intention to Request Entry of 3301(d) Divorce Decree along with a counter.affidavit. 4. Defendant filed a counter-affidavit avering that the marriage is not irretrievably broken and a request for economic relief. S. The parties in this action have been separated since February 9. 1981. 6, Plaintiff has not seen defendant nor spoken to him in over five years. 7, The only marital asset subject to equitable distribution at this time is the marital dwelling situate at 460 St. John's Drive, Camp Hill, Pennsylvania. 8. Plaintiff wishes to re-marry upon obtaining a divorce decree. 9, Since the divorce matter is at issue and defendant's other causes of action are preserved by the pleadings, no prejudice woutd occur if a divorce would now issue. 10 The Court is empowered to grant a divorce and reserve jurisdiction on the Law omc.. Duncnn '" Otto, P.C. remaining issue of equitable distribution of property rights. WHEREFORE, Petitioner respectfully requests that this Honorable Court order bifurcation of the case. grant the requested divorce in the Complaint and Counterclaim, and reserve jurisdiction over all the remaining issues before the Court, Respectfully submitted, L~~~.dzrv /Susan J. Otto, uire DUNCAN & OTTO, P.C. Attorney for Plaintiff 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 Attorney I,D.#6St84 Dated: mA.(.~ h ~S,I'l'F Law Offices Duncan" Otto, P.C. f ~ Verification I verify that the statements made in the foregoing Petition to Bifurcate are true and correct. I have been authorized by my client to prepare and file the aforesaid Petition and I am familiary with the facts and have prepared the same with facts provided to me by my ..... client. I understand that false statements herein are made subject to the penalties of 18 Pa, e.s. Section 4904 relating to unswom falsification to authorities, .. Date: ma..o.c.~ ;J.S, 199 ~ ~c.::>~. ~. /tH+n /' Susan J. Otto, ire Attorney for Plaintiff r Law omce. Duncan 110 Otto, P.C. (") U'l ~ ~ l..O "n i j; -::: ~j nl1"'7; rA ~;~~ 07 11f1J C...::>: N .~ CJ1 _~JC - , ;',;, ~~~ (; "T.l .;1 c-:;_:) ::J; -Jw j;b - 6',.. c: " -7 ~ 2! w ~ U1 " ELIZABETH WIAN/McCUE, Plainti.ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 97 - 6566 CIVIL VINCENT McCUE, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND PARTIES TO: Robert L. O'Brien Elizabeth Wian/McCue , Counsel for Plaintiff , Plaintiff Vincent McCue , Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 10th day of June 2005, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: 4/20/05 E. Robert Elicker, II Divorce Master [Of ., V;i\Vi\1.!.~,\~ Pd \1, II)' -." - :~":""O ' f'i;.-.,, , .-'"!:,;I ~L, ~~ IJ ~ :5 H~ S J Imrsool )'-"'C'" ""..,."J :!HL JO llou,l.. I'VIl;.\..I~\..,I.., ;;I ::::JL-!lO-O:n/1 . ~ ELIZABETH A. MCCUE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. vs. VINCENT C. MCCUE, Defendant CIVIL ACTION - LAW IN DIVORCE CIVIL TERM 1997- (, ,Is t- ~..,;i T~L- NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 ELIZABETH A. MCCUE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. VS. VINCENT C. MCCUE, Defendant CIVIL ACTION - LAW IN DIVORCE CIVIL TERM 1997- 4:f4 <. Cu.:-J. ,,,,--- COMPLAINT UNDER SECTION 3301(d) OF THE DIVORCE CODE The Plaintiff, ELIZABETH A MCCUE, by her attorney, Susan J. Otto, sets forth the following cause of action. 1. Plaintiff is ELIZABETH A MCCUE, a sui juris adult who currently resides at 36 Greenfield Drive, Carlisle, Cumberland County, Pennsylvania 17013 2. Defendant is VINCENT C. MCCUE, a sui juris adult who currently resides at 460 St. John's Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff and Defendant have been a bona fide resident of the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were married on December 19, 1953. 5. There was a prior action filed for divorce between the parties docketed to Cumberland County No. 614 Civil Term 1981. The case was dismissed by Order of Court dated October 25, 1994. 6. The marriage is irretrievably broken 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Date November;)./ ,1997 Ai!u-,/~;;: ~~~./k) Attorney for Plaintiff COMMONWEALTH OF PENNSYL VANIA: 55. COUNTY OF CUMBERLAND I verifY that the statements made in this Complaint are true and correct to the best of my personal knowledge and belief I understand that false statements herein are made subject to the penalties of 18 Pa.CS. Section 4904, relating to unsworn falsification authorities. Date: November J I ,1997 ELIZABETH A. MCCUE, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. VS. VINCENT C. MCCUE, Defendant CIVIL ACTION - LAW IN DIVORCE CIVIL TERM 1997- ~ 'Si.. l, G-U,J T.e_ AFFIDAVIT Elizabeth A McCue, Plaintiff, being duly sworn according to law, deposes and says: 1. 1 have been advised of the availability of marriage counseling and understand that I may request that the Court require 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 C:-/fM 3. Being so advised, I~O 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.SA904 relating to unsworn falsification to authorities. q' 1/. ~ ,ok/;{tL -$ t:W______ izabeth A McCue ELIZABETH A. MCCUE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. vs. VINCENT C. MCCUE, Defendant CIVIL ACTION - LAW IN DIVORCE CIVIL TERM 1997- (.(<.(, ~ T..- NOTICE If you wish to deny any of the allegations set forth in this affidavit, you must file a counter affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 330l(d) OF THE DIVORCE CODE 1. The parties to this action separated on February 9, 1981 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I verifY that the statements made in this affidavit are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities Date November J I , 1997 . ' ELIZABETH A. MCCUE, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. vs. VINCENT C. MCCUE, Defendant CIVIL ACTION - LAW IN DIVORCE CIVIL TERM 1997- DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. Check either (a) or (b): () (a) I do not oppose the entry of a divorce decree. () (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both) () (i) The parties to this action have not lived separate and apart for a period of at least two years. () (ii) The marriage is not irretrievably broken. 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 ifI 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. IfI fail to do so before the date set forth on the Notice ofIntention to Request Divorce Decree, the divorce decree may be entered without further delay. 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: Vincent C. McCue 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 "' '~) $"~ ------------/ - SHERIFF'S RETURN - REGULAR CASE NO: 1997-05555 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCCUE ELIZABETH A VS. MCCUE VINCENT C ROBERT L. FINK, SR. , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE upon MCCUE VINCENT C was served the defendant, at 1440:00 HOURS, 51' JOHN'S DRIVE 17011 on the 19th day of December 1997 at _350 CAMP HILL, PA County, Pennsylvania, by handing to VINCENT a true and attested copy of the COMPLAINT - DIVORCE together with NOTICE TO DEFEND AND AFFIDAVIT and at thE? same time directing His attention to the contents thl2reof. Sheriff's Costs: Docketing Service . Affidavit SurchargE' 18.0eJ 8.06 .0D 2.00 s~""'~. ~ (" ..;:pj;...;;'~~':"..d:;.t:'4 ~ ( R. I homas KlJ.ne, :':'her1ff $28.06 DUNCAN AND OTTO 12/22/~:97 /~~ -/~A; Q-Q fl~s\:~;:i:tf - ~ Sworn and subscribed to before me this 2:l~ day of ,a..l-'-'~J.,-< ~ 19 q, A.D. '-- /T ~ ~:oR;o';~'t~I'tJ;iZ1 Filed........: Time......... : Execution Date Sat/Dis/Gntd. . Jury Trial. . . . Higher Court 1 Hiaher Court 2 ******************************************************************************** General Index Attorney Info MCCUE ELIZABETH A PLAINTIFF OTTO SUSAN J 36 GREENFIELD DRIVE CARLISLE PA 17013 MCCUE VINCENT C 460 ST JOHN'S DRIVE CAMP HILL PA 17011 PYS510 Cumberland County Prothonotary's Office page Civil Case Inquiry 1997-06566 MCCUE ELIZABETH A (VS) MCCUE VINCENT C Reference No..: Case Type.....: COMPLAINT - DIVORCE Judgment......: .00 Judge Assigned: 1 11/25/1997 12:17 0/00/0000 0/00/0000 DEFENDANT ******************************************************************************** * Date Entries * ******************************************************************************** 11/25/97 COMPLAINT - DIVORCE- 12/22/97 SHERIFF'S RETURN FILED Litigant.: MCCUE VINCENT C SERVED :12/19/97 COMPL DIV Costs....: $28.06 Pd By: DUNCAN AND OTTO 12/22/1997 DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE FILED BY PETITION FOR BIFURCATION OF PROCEEDINGS ORDER IN RE PETITION TO BIFURCATE 3/30/98 RULE ISSUED ON VINCENT C MCCUE SHOW CAUSE WHY DIVORCE SHOULD NOT BE BIFURCATED & DIVORCE GRANTED TO PLFF RULE RETURNABLE 5/12/98 AT 1:30 PM IN COURTROOM NO 2 EDGAR B BAYLEY JUDGE COPIES MAILED 3/30/98 ******************************************************************************** * Escrow Information * * Fees & Debits Bea Bal Pvmts/Adi End Bal * *****************************************~************************************** 01/21/98 03/25/98 03/30/98 35.00 35.00 .00 .50 .50 .00 5.00 5.00 .00 125.00 125.00 .00 10.00 10.00 .00 5.00 5.00 .00 ------------------------ ------------ 180.50 180.50 .00 ******************************************************************************** * End of Case Information * ******************************************************************************** DIVORCE TAX ON CMPLT SETTLEMENT MASTER'S FEE DIV PA SURCHG JCP FEE TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and th of said ou at Carllsle~ '},f This day. 1:;ru- ELIZABETH A, McCUE. Plainti ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V, VINCENT C, McCUE, Defendant 97-6566 CIVIL TERM DBDER DE_LDUBl AND NOW, this 12th day of May, 1998, this divorce is bifurcated, The bifurcated divorce decree will be entered this clate, By the Cg~, J. Susan J. Otto, Esquire For Plaintjff Vincent C, McCue, Defendant 460 St, John's Drive CalllP HilL PA 17011 - ~,~ 51.1..01'1$, _~ fl, :prs Law Offices Duncan & Otto, P.C. I I , I ELIZABETH A. MCCUE, vs. VINCENT C. MCCUE, Defendant Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNA. : 1997-6566 CIVIL TERM IN DIVORCE IN RE: PETITION TO BIFURCATE ORDER AND NOW, this 3otJ.- day of March, 1998, a rule is issued on Vincent C McCue to show cause why the proceedings in divorce should not be bifurcated and a Decree in Divorce granted to the Plaintiff, Elizabeth A. McCue. This rule returnable and to be heard day of ~CCJ Courtroom Number d the I)B-. Susan 1. Otto, Esquire For the Plaintiff Vincent C. McCue, Pro Se Defendant , 1998, at 1'.30 p.m.m , Cumberland County Courthouse, Carlisle, P A. BY THE afu , ,/ , , 1. ~.Q.)~-,-,<f 3/30/'18- ,.&If '<j':;'-J"-.,'/;V,::, .!>r~ld }.J :-{:C(', . ....il "~ilJ %:!!HV OS~;iI8b Al::l\,!lCt':Vj'UJf'/.' ~j; 1.1. .:10 :J01.:1jO-{J::fi!:J Law Offices Duncan & Otto, P .C. ELIZABETH A. MCCUE, Plaintiff : IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNA. vs. 1997-6566 CIVIL TERM VINCENT C. MCCUE, Defendant IN DIVORCE PETITION FOR BIFURCATION OF PROCEEDINGS 1. Petitioner is the plaintiff herein. 2. Plaintiff's divorce action avers that the marriage is irretrievably broken and that the parties have been separated in excess of two years. 3. Plaintiff served defendant with a Notice of Intention to Request Entry of 330l(d) Divorce Decree along with a counter-affidavit. 4. Defendant filed a counter-affidavit avering that the marriage is not irretrievably broken and a request for economic relief. 5. The parties in this action have been separated since February 9, 1981. 6. Plaintiff has not seen defendant nor spoken to him in over five years. 7. The only marital asset subject to equitable distribution at this time is the marital dwelling situate at 460 St. John's Drive, Camp Hill, Pennsylvania. 8. Plaintiff wishes to re-marry upon obtaining a divorce decree. 9. Since the divorce matter is at issue and defendant's other causes of action are preserved by the pleadings, no prejudice would occur if a divorce would now issue. 10. The Court is empowered to grant a divorce and reserve jurisdiction on the remaining issue of equitable distribution of property rights. Law Offices Duncan & Otto, P.C. " i I WHEREFORE, Petitioner respectfully requests that this Honorable Court order bifurcation of the case, grant the requested divorce in the Complaint and Counterclaim, and reserve jurisdiction over all the remaining issues before the Court. Respectfully submitted, L4-n~.d71() / Susan 1. Otto, uire DUNCAN & OTTO, PC Attorney for Plaintiff 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 Attorney LD.#65l84 Dated: m~c h ;;L S, /9'1 tf' Law Offices Duncan & Otto, P.C. I Verification I verify that the statements made in the foregoing Petition to Bifurcate are true and correct. I have been authorized by my client to prepare and file the aforesaid Petition and I am familiary with the facts and have prepared the same with facts provided to me by my client. 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: fnt:1A.c.t-., ~S, /99 ~ ~ c...-~. /1JH7} ./ Susan 1. Otto, ire Attorney for Plaintiff ~.- ~ -.) 1. ., ~'l "',"t >- , , (") ;:-q . (~') In __co, ,1'> ~.) ~::~J (J) -<:. Law Offices Duncan & Otto, P.C. ELIZABETH A. MCCUE, vs. VINCENT C. MCCUE, Defendant Plaintiff .'\ ~} ~AFf 2 ::1 1998 : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNA. : 1997-6566 CIVIL TERM IN DIVORCE IN RE: PETITION TO BIFURCATE ORDER AND NOW, this 3 () tL day of March, 1998, a rule is issued on Vincent C. McCue to show cause why the proceedings in divorce should not be bifurcated and a Decree in Divorce granted to the Plaintiff, Elizabeth A. McCue. This rule returnable and to be heard the I ~"1L day of Courtroom Number .).. Susan J. Otto, Esquire For the Plaintiff Vincent C. McCue, Pro Se Defendant dY)~ , 1998, at 1.30 P.m. in , Cumberland County Courthouse, Carlisle, PA. BY THE COURT, TRUE COpy FROM RECORD In Tost:nE'(J}' vh:: (r-;<, I h!::r~:' UfJtD set my hand and ~he 5ud o~ said Court at Carlisle, Pa. Thisd3.t;~ day Of7?:/q,<,'d' 19.~!.. ...............~ j,:.~/ . "dad'd~'~Y..''''''__ ...~..~ Prothonotary I! ELIZABETH WIAN f/k/a ELlZBETH McCUE! Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY! PENNSYLVANIA v. NO. 1997-6566 CIVIL TERM CIVIL ACTION-LAW VINCENT McCUE, Defendant MOTION FOR APPOINTMENT OF MASTER Elizabeth Wian, f/k/a Elizabeth McCue, Plaintiff moves the court to appoint a master with respect to the following claims: () Divorce () Annulment () Alimony () Alimony Pendente Lite and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (x) Distribution of Property () Support () Counsel Fees () Costs and Expenses (2) The Defendant has appeared in the action personally. (3) The statutory grounds for divorce are irretrievable breakdown. (4) Delete the inapplicable paragraphs: (a) The action is contested. (b) An agreement has been not been reached with respect to any claims. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any relevant to the motion: None. 2/.., I t _. DATE: _J ._ ~O~ , ~fD^}J Robert L-.- O'Brien, Esquire I.D.28531 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ~POINTING MASTER AND NOW, this /4day o~, 2005, ~ ~ g4~~sqUire is appointed master with respect to the following claims: irretrievable breakdown. C-D-D l ~~) fVl11. '( Lut 4 - L/~.() S- - ')JS L'.. I " ' ; "I Hd 1- ('!dV soaz A~lVF3'~:':~J:"L.U~b ::H1 jf) ~:;::tUO-CU-\!j - r) c:. ....:;') en /, ;;:1"1 ::;:1 f-il ::-'~ "'" -'-' ,,<~ Cq c:> .u ,J"' I H1c/~' !:if! It 77cICr/f{ f!<< ( 021.?e '6 C;"tc. r:'17C J,'v[fJ. ?)C~ Hif'\- " ?,.;ck-<{ f,,,(},:'.<lL-.f'u (, , r !~ 0J. I'~ ) /l j4{/c '1'? {c /<!i\/' / M ur! ~ IN:' C:~;:,: C~::':N PlEAS jl~ :// ('( OF CUMBERLAND COUNTY, PENNA. j t( ( 1/ Lt:.- / ~ 11;41 I? n/) / .'. VL IV,. ELIZABETH A. MCCUE, Plaintiff vs. VINCENT C. MCCUE, Defendant CIVIL ACTION - LAW IN DIVORCE CIVIL TERM 1997- ~ j' 6b DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. Check either (a) or (b) () (a) I do not oppose the entry of a divorce decree. (0' (b) I oppose the entry ofa divorce decree because (Check (i), (ii) or both): () (i) The parties to this action have not lived separate and apart for a period of at least .~ '(; ~'1o(ye)aTrhs, . bl b k < h;/ (,hI"" (; II, Ii-',;, j L 1/' (50 [ i ()f) ii e marriage IS not irretrieva y ro en. j' Y-, .. I I ___:~__ 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! do not claim th9m before a divorce is granted ('1 (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] fail to do so before the date set forth on the Notice of!ntention to Request Divorce Decree, the divorce decree may be entered without further delay 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 penaltie of18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities /) 1/ 'j-; " ~ 'I / . J /,.'L, f. ee,// (viii 'itl{, Date cCue 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. & " /:':.' - . ... ..... ... .._'~"_..~'~' _.._.._.._._.._..._..._,-~-~~"-.~,-,_..,-~",, ~::c.,:_::.::*.: :~...~.:~ ::'3E'-__,,,,,:,_:-,::c;.~.,.:"_,-_,,,,._,,,,,,:~,,;,--,-:~~,,,:._._.__:......~..__._~:,._~......._...'ftr_.,..~,."'~.._.......,_..._~',.._.,:---:<:".._..-..-~~......~ /._.-:>._'-"'_......_''-"''--'-:-r~ S S ."", ,.-, 8 ~ ~ ''''. ~.~ ~ ,,', OF CUMBERLAND STATE OF '*' COUNTY ~~~ ~ ~ ~ ;;,~~ ~ '",' ~ ~ ~.~ IN THE COURT OF COMMON PLEAS i ~.~ ~.~ ~ ~ >,'~ ~.~ ~ '-. ~ ,,~ ~ PENNSYLVANIA ~ ~.~ ~ $ ~ ELIZABETH A. MCCUE, DEFENDANT Ii N o. .....9.?-::6.~66............... 19 Ii I' II I I ,'~ s i ~.~ ,.:.;. ~ ~ ~ 1l1.1I ~.~ ~ ~1 ~ ~ "l ~'" ~ PLAINTIFF ~.~ ~ ~ 8 :,', ~.~ ~ Versus VINCENT C. MCCUE, ,'~ , DECREE IN DIVORCE AND NOW, ....~....r?-:-........, 19.q~... i ~ ~ ~ .... I ~ A. d d h ELIZABETH A. MCCUE I ' 'ff II.;' 8 ecree t at ................................................., p amtl , .. ~.'.'; d VINCENT C. MCCUE d f d 'Q.~..": ~ an. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . " e en ant, .. _._ A ~ are divorced from the bonds of matrimony. ;-, ~.:.. ~ M ~ 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; ALL ECONOMIC ISSUES RAISED IN THE PLEADINGS S I ~ i ,~ .,', ;I. ~ ........................... ..... ................ .... '/.. ... .... .........., ; ~ ..............................//...................... $ i ::.~;:~t~&~~ J. ! loe?'_f~~~;.;,i~;; ; ~_, __.-..'-..:_._:.__:__:-.... :_....-..:!C.: .a.:--. :>a.:-:~a.:-::'>>Y.'liE':>>>>;"" .>>:.~.:~. ~; 8 ~ ~ it is ordered and s .~? ,;;" ~ O7'1'7i/.- )6 c.1 ~. 1107;" 7- ~~ tit", r" 5" fI Y ~ ~ 'I " ELIZABETH WIAN flk/a ELlZBETH McCUE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 1997-6566 CIVIL TERM CIVIL ACTION-LAW VINCENT McCUE, Defendant PRAECIPE FOR WITHDRAWAL OF COUNSE~ AND APPEARANCE OF COUNSEL I , ! TO THE PROTHONOTARY: Please note my withdrawal as counsel for Elizabeth Wian, f/k~a Elizabeth McCue, Plaintiff in the above matter. Dated: .~~O//).". DUNCAN & HARTMtN 7 '/ BY: Susan m n, Esq ire One Irvine w I Carlisle, Pennsylvani~ 17013 (717) 249-7780 \ Kindly enter our appearance on behalf of Elizabeth Wian, flklf Elizabeth McCue, \ Plaintiff in the above matter. I Dated: 3/50 I () s , I I O'BRIEN, BARIC AND SCH~RER I c"?c){~~ \ Robert L. O'Brien, EsLuire Pa 1.0.: 28351 r 19 West South Streetl Carlisle, Pennsylvani~ 17013 (717) 249-6873 Attorney for Plaintiff BY: ~ , CERTIFICATE OF SERVICE I hereby certify that on March 31, 2005, I, Robert L. O'Brien, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe For Withdraw~1 Of Counsel and Appearance of Counsel, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Vincent McCue 460 St. John Drive Camp Hill, Pennsylvania 17011 i i I ~~ i RO~' Esquire I II \ (' r-' c::.) ';<,~ c ,.- cf" 6; ELIZABETH A. WIAN/McCUE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 97 - 6566 CIVIL VINCENT C. McCUE, Defendant IN DIVORCE ORDER OF COURT AND NOW, this J ,-~ /j day of 2005, after an appearance by Mr. O'Brien and Master's office for a conference and no appearance by the Defendant, Vincent C. McCue, it being determined that the parties were divorced on May 12, 1998, and Mr. McCue having failed to raise any economic claims in the case, the appointment of the Master is vacated. Mr. O'Brien on the record has indicated that he is going to proceed with the partition action and that he has no objection to the Master's appointment being vacated. BY THE COURT, cc: vKobert L. O'Brien Attorney for Plaintiff .;fin cent C. Defendant J. I)~ ;\ ()\9 Vlt\;V/\l\~-\;I'.Jjd ,UNf1CJ "-;j:~,jnD fJ fJ :5 {.!I! S I Nor SOOl AtiV10NOH1CCid 3Hl dO 33l:J:lO-031ld .