Loading...
HomeMy WebLinkAbout02-2529 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIRGINIA A. MASCHMEYER, Petitioner ROBERT W. MASCHMEYER, Respondent CIVIL ACTION - LAW No. 2002 - 2529 (Civil Term) (In Divorce) ACCEPTANCE OF SERVICE I, Lindsay Gingdch Maclay, Esquire, accept service of the Divorce Complaint in the above- captioned matter on behalf of our client, Robert W. Maschmeyer, and I certify that I am authorized to do so. HANFT & KNIGHT, P.C. (J'-~indsay Gi~gltich Iv~clay, Esqulre Attorney I.D. No. 87954 Michael J. Hanfl, Esquire Attorney I.D. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attomeys for Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VIRGINIA A. MASCHMEYER, Petitioner Vo ROBERT W. MASCHMEYER, Respondent CIVIL ACTION - LAW No. 2002 - 2529 (Civil Term) (In Divorce) ACCEPTANCE OF SERVICE, I, Lindsay Gingrich Maclay, Esquire, accept service of the Petition for Special Relief in the above-captioned matter on behalf of our client, Robert W. Maschmeyer, and I certify that I am authorized to do so. HANFT & KNIGHT, P.C. Attorney I.D. No. 87954 Michael J. Hanft, Esquire Attorney I.D. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Respondent F:\User Folder~Firm Docs\Gendocs2002~2313-1 .cert. serv.2.wpd VIRGINIA A. MASCHMEYER, Petitioner VS. ROBERT W. MASCHMEYER, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, ENNSYLVANIA _. : CIVIL ACTION - LAW : NO. 2002-,~o~c) CIVIL TERM : : IN DIVORCE ORDER OF COURT ANDNOW, this ~dayof ~/ ,2002, a hearing on the Petition for Special Relief is hereby scheduled in Courtroom ~ of the Cumberland o ouse 2002 at 2 :~ ~m. o'clock. BY THE~ VIRGINIA A. MASCHMEYER, Petitioner VS. ROBERT W. MASCHMEYER, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, ENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002-0~o~ ~t CIVIL TERM : · ' IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW comes Virginia A. Maschmeycr, petitioner herein, by and through her attorney, Jacqueline M. Verney, Esquire, and represents the following: 1. Petitioner is Virginia A. Maschmeyer, an adult individual, currently residing at 1919 Ester Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Robert W. Maschmeyer, an adult individual, currently residing at 3920 Preserve ~ Indigo Run, Hilton Head, South Carolina 29928. 3. Petitioner and Respondent are husband and wife. 4. Petitioner filed a divorce complaint on May 23, 2002. 5. The parties separated on December 26, 2001. 6. Prior to separation, the parties removed $85,223.48 from Respondent's Thrift Savings Plan. Petitioner agreed to withdraw said amount on Respondent's representation that the parties would sell their residence in Carlisle, Cumberland County, add the proceeds from the sale of the residence to the $85,223.48, pay all outstanding marital debt and relocate to North Carolina together. 7. Contrary to his assurances, Respondent separated from Petitioner on December 26, 2001 with and relocated to South Carolina. 8. Respondent did leave $15,000.00 to Petitioner for the payment of marital debts, but absconded with the remaining $70,000.00.. 9. Respondent also left the area in possession of a 1998 Lexus automobile valued at $30,000.00 titled in both parties' names and other valuable personal property including camera equipment and a motorcycle. 10. Petitioner has learned that Respondent sold the Lexus in Alabama apparently forging or having another forge Petitioner's name to the title. 11. Petitioner, through counsel, has requested Respondent to account for the proceeds of the Thrift Savings Plan. No response has been received. 12. At the support conference held on March 7, 2002, Respondent indicated that he had a monthly income of $380.00 from his federal retirement account and monthly expenses of $3,780.00. 13. Based on Respondent's sworn income and expense statement, Petitioner believes and therefore avers that Respondent is dissipating marital assets to accommodate an extravagant lifestyle, while Petitioner earns $10.00/hr. and due to an existing health condition can only work 30 hours per week. 14. Respondent is receiving a monthly federal retirement payment which he asserts to be in the amount of $380.00/mo. The amount of said monthly retirement payment should be in excess of $2,000.00. Said monthly retirement payment is a marital asset which Petitioner believes and therefore avers that Respondent is dissipating. 15. Petitioner believes and therefore avers that Respondent has secreted and dissipated marital assets of over $100,000.00. 16. Petitioner requests this Honorable Court schedule a hearing requiring Respondent to account for the assets in question, Order the monthly federal retirement payment be divided among the parties on a 60/40 basis with Petitioner receiving 60% of the monthly payment and further Order Respondent to deliver the remainder of the liquid assets to Respondent's counsel for deposit in a jointly held escrow account until the equitable distribution of marital assets can be resolved. WHEREFORE, Petitioner prays this Honorable Court schedule a hearing on said Petition and Order the relief requested aforesaid. Respectfully submitted, Supreme Ct. ID. 23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Petitioner VIRGINIA A. MASCHMEYER, Plaintiff VS. ROBERT W. MASCHMEYER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, ENNSYLVANIA _. : CIVIL ACTION - LAW : NO. 2002- A ~.z ? CIVIL TERM : : 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 will proceed without you and a decree in divorce or annulment may 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 or 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 at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Peuns,¥1vania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 VIRGINIA A. MASCHMEYER, Plaintiff ROBERT W. MASCHMEYER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002- ~ s',~q CIVIL IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR 3301 (D) OF THE DIVORCE CODE AND NOW comes Virginia A. Maschmeyer, plaintiff herein, by and through her attorney, Jacqueline M. Verney, Esquire, and represents the following: COUNT I 1. Plaintiff is Virginia A. Maschmeyer, an adult individual, currently residing at 1919 Ester Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Robert W. Maschmeyer, an adult individual, currently residing at 3920 Preserve ~ Indigo Run, Hilton Head, South Carolina 29928. 3. Plaintiff is a bona fide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on September 19, 1964 in Drexel Hill, Pennsylvania. 5. There was a prior action for divorce which was withdrawn and discontinued 1N September, 2001. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. This marriage is irretrievably broken. WHEREFORE, Plaintiff prays Your Honorable Court enter a decree in divorce. COUNT II: EQUITABLE DISTRIBUTION The averments set forth in paragraphs 1-7 are incorporated herein by reference. The parties have accumulated substantial marital assets during the marriage. Plaintiff requests this Honorable Court enter an order equitably distributing the marital assets. WHEREFORE, Plaintiff prays Your Honorable Court enter an order of equitable distribution. COUNT III: SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE 10. The averments set forth in paragraphs 1-9 are incorporated herein by reference. 11. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through reasonable means and is unable to support herself sufficiently through appropriate employment. 12. Plaintiff requires reasonable support to adequately support herself in accordance with the standard of living established during the marriage. 13. Plaintiff requests the Court to enter an award of reasonable temporary alimony and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter. WHEREFORE, Plaintiff prays Your Honorable Court enter an order of spousal support, alimony and alimony pendente lite. COUNT IV: COUNSEL FEES/EXPENSES 14. The averments set forth in paragraphs 1-13 are incorporated herein by reference. 15. Plaintiff is without sufficient funds to proceed with this divorce matter, to pay the reasonable services of her attorney and to obtain any professional services such as accountants and investigators to discover marital assets secreted by Defendant from Plaintiff. 16. Plaintiff requests this Honorable Court to enter an award of Counsel fees and Expenses to Plaintiff. WHEREFORE, Plaintiffprays Your Honorable Court to enter an award for Counsel fees and expenses to Plaintiff. Respectfully submitted, -V~mey, Esquire Supreme Ct. ID. 23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing divorce complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date Vi'~rg~a X. 19laschmeyer,t-Plainti~'~''-~'-~ VIRGINIA A. MASCHMEYER V. ROBERT W. MASCHMEYER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : . : NO. 2002-2529 CIVIL TERM ORD_.___ER_OF COURT AND NOW, this 10___TM day of JUNE, 2002, upon the request of respondent and with the concurrence of petitioner, the hearing held on the Petition for Special Relief is continued until ~FRII)AY~ JULY 5~ 2002~ at 8:15 a.m_. in Courtroom # 5. ,-4acqueline M. Vemey, Esquire For the Petitioner -"Michael J. Hantt, Esquire For the Respondent Edward E. Guido, J. :sld VIRGINIA A. MASCHMEYER, Plaintiff ROBERT W. MASCHMEYER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002- ~ ~q CIVIL IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR 3301 (D) OF THE DIVORCE CODE AND NOW comes Virginia A. Maschmeyer, plaintiff herein, by and through her attorney, Jacqueline M. Verney, Esquire, and represents the following: COUNT I 1. Plaintiff is Virginia A. Maschmeyer, an adult individual, currently residing at 1919 Ester Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Robert W. Maschmeyer, an adult individual, currently residing at 3920 Preserve ~ Indigo Run, Hilton Head, South Carolina 29928. 3. Plaintiff is a bona fide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on September 19, 1964 in Drexel Hill, Pennsylvania. 5. There was a prior action for divome which was withdrawn and discontinued IN September, 2001. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. 7. This marriage is irretrievably broken. WHEREFORE, Plaintiff prays Your Honorable Court enter a decree in divome. COUNT II: EQUITABLE DISTRIBUTION 8. The averments set forth in paragraphs 1-7 are incorporated herein by reference. 9. The parties have accumulated substantial marital assets during the marriage. Plaintiff requests this Honorable Court enter an order equitably distributing the marital assets. WHEREFORE, Plaintiff prays Your Honorable Court enter an order of equitable distribution. COUNT III: SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE 10. The averments set forth in paragraphs 1-9 are incorporated herein by reference. 11. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through reasonable means and is unable to support herself sufficiently through appropriate employment. 12. Plaintiff requires reasonable support to adequately support herself in accordance with the standard of living established during the marriage. 13. Plaintiff requests the Court to enter an award of reasonable temporary alimony and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter. WHEREFORE, Plaintiff prays Your Honorable Court enter an order of spousal support, alimony and alimony pendeme lite. COUNT IV: COUNSEL FEES/EXPENSES 14. The averments set forth in paragraphs 1-13 are incorporated herein by reference. 15. Plaintiff is without sufficient funds to proceed with this divorce matter, to pay the reasonable services of her attorney and to obtain any professional services such as accountants and investigators to discover marital assets secreted by Defendant from Plaintiff. 16. Plainfiffrequests this Honorable Court to enter an award of Counsel fees and Expenses to Plaintiff. WHEREFORE, Plaintiffprays Your Honorable Court to enter an award for Counsel fees and expenses to Plaintiff. Respectfully submitted, ffacq~line M. Vemey, Esquire Supreme Ct. ID. 23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attomey for Plaintiff VERIFICATION I verify that the statemems made in the foregoing divorce complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date V{~rg~a X. iX~Iaschmeyer,~Plainti~'~"w,~' VIRGINIA A. MASCHMEYER, Plaintiff YSo ROBERT W. MASCHMEYER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, ENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002- .~ 5'.z ~ CIVIL TERM : : 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 will proceed without you and a decree in divorce or annulment may 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 or 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 at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 VIRGINIA A. MASCHMEYER, Petitioner VS. ROBERT W. MASCHMEYER, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, ENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002-o~o'.~ ~/ CIVIL TERM : : IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW comes Virginia A. Maschmeyer, petitioner herein, by and through her attorney, Jacqueline M. Vemey, Esquire, and represents the following: 1. Petitioner is Virginia A. Maschmeyer, an adult individual, currently residing at 1919 Ester Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Robert W. Maschmeyer, an adult individual, currently residing at 3920 Preserve ~ Indigo Run, Hilton Head, South Carolina 29928. 3. Petitioner and Respondent are husband and wife. 4. Petitioner filed a divome complaint on May 23, 2002. 5. The parties separated on December 26, 2001. 6. Prior to separation, the parties removed $85,223.48 from Respondent's Thrift Savings Plan. Petitioner agreed to withdraw said amount on Respondent's representation that the parties would sell their residence in Carlisle, Cumberland County, add the proceeds from the sale of the residence to the $85,223.48, pay all outstanding marital debt and relocate to North Carolina together. 7. Contrary to his assurances, Respondent separated from Petitioner on December 26, 2001 with and relocated to South Carolina. 8. Respondent did leave $15,000.00 to Petitioner for the payment of marital debts, but absconded with the remaining $70,000.00.. 9. Respondent also left the area in possession of a 1998 Lexus automobile valued at $30,000.00 titled in both parties' names and other valuable personal property including camera equipment and a motorcycle. 10. Petitioner has learned that Respondent sold the Lexus in Alabama apparently forging or having another forge Petitioner's name to the title. 11. Petitioner, through counsel, has requested Respondent to account for the proceeds of the Thrift Savings Plan. No response has been received. 12. At the support conference held on March 7, 2002, Respondent indicated that he had a monthly income of $380.00 from his federal retirement account and monthly expenses of $3,780.00. 13. Based on Respondent's sworn income and expense statement, Petitioner believes and therefore avers that Respondent is dissipating marital assets to accommodate an extravagant lifestyle, while Petitioner earns $10.00/hr. and due to an existing health condition can only work 30 hours per week. 14. Respondent is receiving a monthly federal retirement payment which he asserts to be in the amount of $380.00/mo. The amount of said monthly retirement payment should be in excess of $2,000.00. Said monthly retirement payment is a marital asset which Petitioner believes and therefore avers that Respondent is dissipating. 15. Petitioner believes and therefore avers that Respondent has secreted and dissipated marital assets of over $100,000.00. 16. Petitioner requests this Honorable Court schedule a heating requiring Respondent to account for the assets in question, Order the monthly federal retirement payment be divided among the parties on a 60/40 basis with Petitioner receiving 60% of the monthly payment and further Order Respondent to deliver the remainder of the liquid assets to Respondent's counsel for deposit in a jointly held escrow account until the equitable distribution of marital assets can be resolved. WHEREFORE, Petitioner prays this Honorable Court schedule a hearing on said Petition and Order the relief requested aforesaid. Respectfully submitted, Supreme Ct. ID. 23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Petitioner VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date V,(rgi~-,/,. M~schmeyer, laetition~'