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HomeMy WebLinkAbout01-04333F \USer Fo1dMP~mt Doce\Grndocs2001@313-Idivorce.complamlwpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT W. MASCHMEYER, Plaintiff v. CIVIL ACTION -LAW N0.2001- ~~ ~ ~ , -;, jl VIRGINIA A. MASCHMEYER, Defendant IN DIVORCE 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT W. MASCHMEYER, Plaintiff v. CIVIL ACTION -LAW N0.2001- VIRGINIA A. MASCHMEYER, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this ~' (T' - day ofJuly, 2001 comes Plaintiff, ROBERT W. MASCHMEYER, by and through his attorneys, the Law Office of Michael J. Hanft, and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Robert W. Maschmeyer, who currently resides at 1919 Esther Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Virginia A. Maschmeyer, who currently resides at 1919 Esther Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth ofPennsylvania for a period ofmore than six (6) months immediatelypreceding the filing of this Complaint in Divorce. 4. The parties were married on September 19, 1964 in Drexel Hill, Pennsylvania. 5. The mamage is irretrievably broken. The foregoing facts are averred and brought under Section 3301(c) of the Divorce Code of 1980, as amended. 6. The Plaintiff has been advised of the availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling, and Plaintiff waives same. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT M4chael J. Hanft, Esfjuire " Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717)249-5373 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the Complaint in Divorce. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. C F:\User Folder\Fim, DOCS\FOims\Pv~dly Law\Divorce\verificazion divorce.wpd F:\F1LE$\DATAPILE\Gaidoc.cur\10409-ans.l/tdee Creazed: OSIIS/Ol 00:25:52 AM Rerised: Og116/01 10:45:04 AM ROBERT W. MASCHMEYER, Plaintiff v. VIRGINIA A. MASCHMEYER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4333 CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S ANSWER AND COUNTERCLAIM AND NOW, comes the Defendant, Virginia A. Maschmeyer, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1-6. Admitted. COUNTI CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 7. Plaintiff and Defendant are the j oint owners as tenants by the entireties of certain real estate which is subject to equitable distribution by this Court. 8. Plaintiffand Defendant are the owners ofvarious items ofpersonal property, furniture and household furnishings acquired during theirmarriage which are subject to equitable distribution by this Court. 9. Plaintiff and Defendant are the owners of various motor vehicles and bank accounts acquired during their marriage which are subject to equitable distribution by this Court. COUNT II CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 10. Defendant requests your Honorable Court to allow alimony as it deems reasonable pursuant to Section 3701 of the Pennsylvania Divorce Code. COUNT III CLAIM FOR ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 11. Defendant requests your Honorable Court to allow her alimony pendente lite, reasonable counsel fees and expenses pursuant to Section 3702 of the Pennsylvania Divorce Code. WHEREFORE, Defendant requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. Awarding alimony as the Court deems just and reasonable; D. Ordering payment of alimony pendente lite, counsel fees and expenses as the Court deems just and reasonable; and E. For such further relief as the Court may determine equitable and just. COUNT IV CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 12. Defendant requests your Honorable Court to allow her alimony as it deems reasonable pursuant to Section 3701 of the Pennsylvania Divorce Code. MARTSON DEARDORFF WILLIAMS & OTTO By ~ ~rwh.- ~ ~ s""^ Thomas J. Wil s, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant Date: August 16, 2001 VERIFICATION The foregoing Answer and Counter Claim is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. . / ~El r ~ a A. Maschmeyer CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer and Counterclaim was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael J. Hanft, Esquire 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO BY ~~ ~-~~~~~LL2 _~ricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 16, 2001 cs _: ,_, _._ ,, c. z:~ ~J~' ~ ~~ tom. ~~` f.. ~;, -i ~ ~ Ti ~-' w C> r' / ~ d -o ',, 1 ~\~ ~~ '~ 0 /~. v~ Q WC G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT W. MASCHMEYER, Plaintiff CIVIL ACTION--LAW vs. VII2GINIA A. MASCHMEYER, Defendant NO.2001-4333 CIVIL IN DIVORCE ACCEPTANCE OF SERVICE I, THOMAS J. WILLIAMS, Esquire, accept service of the Complaint in Divorce in the above-captioned matter on behalf of my client, Virginia A. Maschmeyer, and I certify that I am authorized to do so. Date: August 16, 2001 MARTSON, DEARDORFF, WILLIAMS & OTTO wwr~ V ~' ~ o....ti,,. Thomas J. Willi. nh~, Esquire 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Virginia A. Maschmeyer F:\User Falda\Firm DOa\Gendoce2001V313-lecceptence.aervice.wpd na ~~ V y.µ(.. 1 - .~ _. ~.,._ A C ~: f 7a+ . °tl `. ' ^ m r„ ; ? ` :-~ - ~ c- ~' =- ~, ;, c ~ ~ CJ _ y ~y) l fJ '~ ROBERT W. MASCHMEYER, llV THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVH,ACTION-DIVORCE NO. 2001-4333 CIVIL TERM VHtGINIA A. MASCHMEYER, IN DIVORCE DefendanUPetitioner DR# 30970 Pacses# 420103787 ORDER OF COURT AND NOW, this 29m day of August, 2001, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby duetted that the parties and their respective counsel appeaz before R.J. Shaddav on October 4: 2001 at 9:00 A.M. for a conference, at 13 N. Hanover St., Cazlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU aze further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for [he preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appeaz for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 8-29-01 to: < Respondent Thomas Williams, Esquire Michael Hanft, Esquire Date of Order: August 29, 2001 R. J. hadda ,Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 t`IN`u'~ )tiSPlll+~c ~.LI .. ~'_ ~ ._ ... -.~ ~ Asa. ~ ~..:. ... ,. ~ nz.a~ ,~,~.,, i ~ d..r.. ~~: ;-" ,.:~rtsnlv3f~t~+rs~.es~f.".~Y .. ~ `. .. , ROBERT W. MASCHMEYER, Plaintiff/Respondent v. VIRGINIA A. MASCHMEYER, Defendant/Petitioner DR# IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4333 CIVIL ACTION -LAW IN DIVORCE PETITION FOR ALIMONY PENDENT LITE. INTERIM COUNSEL FEES AND EXPENSES AND NOW, comes Petitioner, Virginia A. Maschmeyer, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and petitions the Court as follows: Petitioner is the above named Defendant, Virginia A. Maschmeyer, an adult individual currently residing at 1919 Esther Drive, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is the above namedPlaintiff, Robert W. Maschmeyer, an adult individual currently residing at 1919 Esther Drive, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner's date of birth is September 26, 1944 and her Social Security Number is 182-34-8534. 4. Respondent's date ofbirth is August 12,1940 and his Social Security Number is 579- 52-5841. 5. The divorce action filed to the above docketed number in the Court of Common Pleas of Cumberland County requests a divorce based upon Section 3301 (c) of the Divorce Code. 6. Petitioner has employed counsel and will incur certain costs and expenses in pursuit of the aforementioned divorce action, but is without sufficient assets or income to support herself, pay for attorney's fees or pay for the costs and expenses associated with this action. Respondent has sufficient income and earning capacity, as well as assets, to support Petitioner or to assist in supporting Petitioner, and to pay alimony pendent lite to Petitioner, as well as assist in paying her counsel fees, costs and expenses. 8. Petitioner previously filed a Claim for alimony, alimony pendent lite, counsel fees and expenses, a copy of which is attached hereto and marked as Exhibit A. WHEREFORE, Petitioner requests Your Honorable Court to enter an Order of Alimony Pendent Lite, Interim Counsel Fees and Expenses. MARTSON DEARDORFF WILLIAMS & OTTO By ~ ~~.. VIV~~'L"" Thomas J. W' i ns, Esquire Ten East Hi treet Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant/Petitioner Virginia A. Maschmeyer Date: August 16, 2001 F:1FTl,ES\DATAFIL81Gmdoc.cur\10409-ma.l/1dm Cma1,Q Ofl/IS/Ol OB:2S:T2AM Revirtd: OB/IWOt 10:45:04 Abf ROBERT W. MASCHMEYER, Plaintiff v. VIRGINIA A. MASCHMEYER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4333 CIVIL, ACTION -LAW IN DIVORCE DEFENDANT'S ANSWER AND COUNTERCLAIM AND NOW, comes the Defendant, Virginia A. Maschmeyer, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1-6. Admitted. COUNTI CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 7. Plaintiff and Defendant are the joint owners as tenants by the entireties of certain real estate which is subject to equitable distribution by this Court. 8. Plaintiffand Defendant aze the owners ofvarious items ofpersonal property, furniture and household fiunishings acquired during their marriage which are subj ect to equitable distribution by this Court. 9. Plaintiff and Defendant are the owners of various motor vehicles and bank accounts acquired during their marriage which aze subject to equitable distribution by this Court. COUNT H CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE /~ 10. Defendant requests your Honorable Court to allow alimony as it deems reasonable a pwsuant to Section 3701 of the Pennsylvania Divorce Code. O COUNT III CLAIM FOR ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 11. Defendant requests your Honorable Court to allow her alimony pendente lite, reasonable counsel fees and expenses pursuant to Section 3702 of the Pennsylvania Divorce Code. WHEREFORE, Defendant requests the Court to enter a Decree: EXHIBIT "A" A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. Awarding alimony as the Court deems just and reasonable; D. Ordering payment of alimony pendente lite, counsel fees and expenses as the Court deems just and reasonable; and E. For such further relief as the Court may detemvne equitable and just. COUNT IV CLAIM FOR i IMONY UNDER SECTION 3701 OF THE DIVORCE CODE 12. Defendant requests yourHonorable Court to allow her alimony as it deems reasonable pursuant to Section 3701 of the Pennsylvania Divorce Code. MARTS[ON DEARDORFF WILLIAMS & OTTO Thomas J. Williams, Esquire Ten East High Street Carlisle, PA 17013-3093 (717)243-3341 Attorneys for Defendant Date: August 16, 2001 VERIFICATION The foregoing Answer and Counter Claim is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification aze made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ` ~FJ r ' a A.1Vlaschmeyer t, CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer and Counterclaim was served this date by depositing same in the Post Office at Cazlisle, PA, first class mail, postage prepaid, addressed as follows: Michael 7. Hanft, Esquire 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO _Sncia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717)243-3341 Dated: August 16, 2001 VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ~ ' is A. Maschmeyer r, CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition For Alimony was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael J. Hanft, Esquire 19 Brookwood Ave., Suite 106 Carlisle, PA 17013 MARTSON DEARDO1tF'F WILLIAMS & OTTO By ~~ T ~cia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 15, 2001 c~ c r -, =:_ _--, ~- c< {' ~ -.~ - `~ r3 ~ ~' __ ~s., -; , ~`,=_ ;% ~_~ ~„ r - -> ~ ~ ~.~ c~ ra, -~ cn ` cn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT W. MASCHMEYER, Plaintiff N0.2001- 4333 V. IN DIVORCE VIItGIIVIA A. MASCHMEYER, CIVIL ACTION -LAW Defendant PRAECIPE TO WITHDRAW AND DISMISS COMPLAINT To Prothontary: Please withdraw and dismiss the Complaint filed in the above-captioned divorce action as the Parties have reconciled. Dated: September 25, 2001 Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT M chael J. Hanft, Es wire Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717)249-5373 Attorneys for Plaintiff F:\User Foldei{Fim~ Docs\Gendocs2001@313-LPreeciye.wpd CJ ,. C- __... Kv l7 E i ~ J r ,rw~ c.~ "l s:.. ~~ \..' Y" C L .~ ~ ~-1 F:\FILES/DATAPILE\Gaidoc.cur\10409-pra.l/Wm Qeemd: OSI15/Ol 08:25'52 AM Revised: 10/01/01 08:40:59 AM ROBERT W. MASCHMEYER, Plaintiff/Respondent v. VIRGINIA A. MASCHMEYER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF Ci-IMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4333 CIVIL ACTION -LAW DR# 30970 PACSES 420103787 IN DIVORCE PIdAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw the Petition for Alimony Pendente Lite, Interim Counsel Fees and Expenses of Defendant/Petitioner, Virginia A. Maschmeyer. MARTSON DEARDORFF WILLIAMS & OTTO By l l~u+~.. ~ w ~ d..:.~~. Thomas J. Willi ,Esquire Ten East High Street Carlisle, PA 17013-3093 (717)243-3341 Attorneys for Defendant/Petitioner Virginia A. Maschmeyer Date: October 1, 2001 CERTIFICATE OF SERVICE 1, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael J. Hanft, Esquire 19 Brookwood Ave., Suite 106 Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO Y Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 1, 2001 ~,.~~~~, C z:_ vim, t'~t r:.. - ~ - _.. --~ ~ _ ?r :;.~ := . _ _~ ~= - ~_ -; ~ F.. :I -C f.a In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION VIRGINIA A. MASCHMEYER Plaintiff vs. ROBERT W. MASCHMEYHR Defendant AND NOW, to wit on this ) Docket Number 01-4333 CIVIL PACSESCaseNumber 420103787 /D.3m97m Other State ID Number ORDER 4TH DAY OF OCTOBER, 2001 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ©Other ALIMONY PENDENTH LITE filed On AUGUST 16, ,2001 in the above captioned matter is dismissed without prejudice due to: WIFE WITHDRAWING HER PETITION FOR ALIMONY PENDENTE LITE. ® The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: DRO: RS Shadday xc: plaintiff defexslant Thomas Wi]].fcwis, III, Esquire Michael llanft, Esquire ~~ /D- ~~/ Service Type M //~ /~ Ke A. Hess JUDGE Form 0E-506 Worker ID 21005 C] _: c- _.,~. ~ - _ ;~ .~ m;-~ = - _ _ ('r~ I`6 _ ~ i.L' _` -j ,p.. Rr~,..F -5= t. Rs1cR~~-°n _ -_ ~ ~Am N.msm.'s~t . `~FRlw_u x v :zs+e ,»vElcv.-..X rNSbm~ nrla~oiFn~!ven~~~',