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HomeMy WebLinkAbout94-04847 1 ~ . -;# ~ ~ . ~ p \ " " ., \ I I I I I , , , , , 1 ,I ., ( i , " " " " ~ ~ .. " f\ ~ ". ~ " . ", ~ """ r\J f'\ V) "" " ('\j '" ..... f ':) l ~ ''I '" f'/ , ~ ~.~ - o~ ~g Po~ ~~ o ~~ o tlu PO 8~ 1llel ~~ ~ 0'<1' ~~ 0'" Z..:l HH I~ U Z o H ~ ..:l H ~o UZ .... .... 'M .jJ ~ 'M III '" Po .jJ ~ '0 @ .... ill o r<) .... . 0 ..J 7. t-. <>-g t;:;~ ~ < 0( 1lJ~ (/)"'::~~ gOo(f-< 1JJ~f,;~Vl> l.? ...J 0 0( :t: ::: ell: U", r O~~CjS:2:2 ~ell:6~:t:z .1JJ-of-1lJ ell: :::. ~ .... Vl ""' ~... '".... < . o (J 0( UJ ~ ...J "' .... Vl Ow..c... .....- ~ 0( ~ 0( U . ~ ~ ~ . rJ ~ ~ ~ . > . ~ Z ~ . :I: ~ III H --~_..-_. ~ '" " S N " " ~~~~~ ~ ..., o e':," o.:"ri>- ....V~< ::"'~lll 0000 ..J::!..J~ I..L.. . 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MARCH, I Defendant I IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHT~ 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 BO, 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 requeeted 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 17013. 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, THIRD FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 TELEPHONE: 717-240-6200 NEW MATTER By way of furtl.o.lr reHponse Defendant rulse8 the following additionlll claims for relief in this matter: REQUEST FOR EQUITABL~~ DISTRIBUTION OF PROPERTY UNDER SECTION 3502 Ol~ 'rm: DlVORCI!: CODE 9. Defandant incorporuteH the above Purugraphs herain by reference. 10. Plulntiff and Defendllllt have leglllly and beneficilllly acquired property, both reai and per8onw, dul'lnr; their murriage, which property is "murital property." 11. Plaintiff and Defendant huve not agreed a8 to an equitable division of said property. WHEREFORE, Defendant requests the Court to equitably distribute IllI muritnl property of the purtie8, REQUEST FOR ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTION 3701 AND SECTION 3702 OF THE DIVORCE CODE 12. Defendllllt incorporates the above Purngraphs herein by reference. 13. Defendant is financilllly dependent upon Plaintiff for income to satisfY joint obligations of the purties and is unable to sustain herself and satisfy such obligations during the cour8e of litigation without his continued finllllcilll 88sistance. \ ,~~~, ,iF'\ , f ' " ~, '(~~-it''''i,..;fdt'~\ ; I; ~-.."",., "..-.-,.."........,.;.; ....,. !i'j;...._""'~..;..H 'I.i " , .';" ;.;.~~~_..~.;~,i_'i-jLl~~_,~ , . .;,,-,. j, "~' SEP 13 II OG ~K '9~ " J'iiH-II;E \!, "II : ,'.'ililJfIGHhY ,':111', ,11,11\11;1!Il'llY , \ EII:i~', \ 'IPII \ , I , 'I I. " :1," " 1'1 , ' , , , , ,j' " " ! 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" .JJ~'. ,. .i~ " I J.,,," 1.',"_" "'llle - \;",,1; r l,r, ,.i','" ,,1,',,\,. i:-j}l' I \-~;,;~." .; ',J ; I.". ' ,;..\,\\ ;,\';Jrj',i ,i,'!/;.;;,.!,'\,::I:".'~::,;f:/' .t"l" ,',- ,I' i" : '.;, ",..: . .' .:) _t" :"', r,1 h. '\, f-' ~'. -'U . ,;1,1(',: I'I,;_"I,,:~ -'--,""ljl,,"'d'l\'~!\\,-'iV'!. IIJ ., "I 'r~jI"'i'J'i ,j /J-d'III:_ -'j, ";.,,._.'i_"I't;")'\~lrh;!.' 'J 1\,;;,,'l,'.I;,;' ;"Y,),':"[I-' ~,\"\.,J~l' ii~"f";;f , ..,,; _ _", . . , . t. I~" ~".. . I",. ;,1 . ,- d " ,I I t, il '/ \ 'I.. .' , t i, I II ~ .1, " .,U ~i~: ,.,,'1 i,1 ,',1' "f'" i' .. ~',1 : r. il,;;"1 ;'..."1 .~.r: I'"~ , .r.k.,'" ~. j .,......, I ,~\I .. I r ' " r'. J i' r: I,' 'II r ,- ~ . ,. , ., Ocr 26 10 5S ~H '9~ 1)/'1' ille i!f ",'L 1""lflO"CTA~Y r)IH<UL/i.;.AIII/ r,-:'1JHn "fHII~jl.VAHIA , , 5. Respondenl, Maslllnd Induslries, is a Pennsylvllnlll corporation, with principal place of business lit 50 Spring ROlld, Cllrlisle, PA, 6. Plaintiff Mllrlin E. Mllrch is employed by Maslllnd Industries. He has worked tbere for over 40 years. He is presenlly employed as a maintenance engineer. He earns approximately $55,800 per annum plus bonuses. 7. Plainliff Marlin E. March is due certain relirement or deferred wages or employment benefits to be pllid to him by Mllslllnd Industries on account of his employment. Those deferred wages or employment benefits or employee savings were earned in full or in part during the marriagc of the pllrlies and constitute marital properly. 8. TIle Plainliff filed this divorce aClion against the Defendant on or about August 26, 1994. The Plainliff moved out of the marital home on or about September 28, 1994. 9. Defendant is unemployed and has been uncmployed since 1992, during wbich time she has been the carelaker of Ihe marital home. 10. Defendant is presenlly without income excepl $40.00 per week earned for baby silting. A voluntary payment of support for groccries and other household expenses was received by the Defendant from her husband shorlly afler the divorce aclion was filed. Defendanl has received no further money for child or wife support from the Plainliff since on or about September I, 1994. Defendant has filed a claim for spousal and child support before the Domestic Relations See lion of this Court, which has not yet been set for a conference. 11. Defendant hils hlld to oblllin counsel in this matter and will be put to subslantial expense in the proseculion of this acllon and her related claims filed herein. Defendanl is unable to afford such expellse. 12. On account of his employment wllh Masland Induslries, Plaintiff is due certain deferred employment, benefits from his employer, Respondent Masland Industries. The exact nature IInd amount of the pllyout is unknown to Defendllnt. Excepl for a minor share earned before the marriage of the parlles, tbe funds due to Plllintiff were earned by the Plllintiff during the marriage of the parties, and are part of the marilal property of the parties subject to distribution by the Court in Ihis matter. 13. Plaintiff has informed Ihe son of the parties, Daniel E. March, as well as his stepson, Jamie J. Goodharl, that he has begun to withdraw his benefits out from his relirement or pension accounts with Masland Industries. He has advised both of them thai he has already received, or will be receiving shorlly, Ihe sum of $7,900 out of those funds. 14. Plaintiff has informed Ihe son of Ihe parties, Daniel E. March, as well as his stepson, Jamie J. Goodhart, that he intends to resign from his employment with Masland Industries and to withdraw the balance of his retirement and pension accounts. 15. Plaintiff has IIdvised the son of the parties, Daniel E. March, .as well as his stepson, Jamie J. Goodharl, that he has purchased real property during Ihe course of the marriage of the parties which is being held on his behalf by a friend, Dick Hefner, of Lima, Ohio, in order to defeat any marital inlerest of his wife in Ihe property, 16. Defendllnl believes and Iherefore livers thllt the Plaintiff has used and is conlinuing to use Ihe nlllrillllllsbCls of Ihe pllrties for his individulIl purposes, and/or will dissipate any retirement or pension funds obtained from Mashlnd Industries to Ihe great detriment of Defendantllndlor may place such funds in the name or at the disposal of anolher party or olhelWlse place such assels beyond the access of the Defendant and or the jurisdiction of this COllrl. 17. Dcfendant believes and Ihcrefore avers Ihat a considerable percenlage of the marilal assets of the parlies arc held in or hllve been transferred 10 the sole name of Plaintiff or are being held by IInother pllJ'ly on his behalf. Defendant believes and therefor avers that the remaining assets in jointnal1les may be insufficient to protect her claims for cquilable dislribulion of marital property, spousal support, alimony, atlorney's fees, and costs. 18. Defendant believes and therefore livers that the remaining marital assets in husband's separate name may be concealed, transferred or dissipated prior to consideralion of the claims for equitable dislribulion of marital properly, spousal support, alimony, allorney's fees, and costs she has raised in this mailer and that if she Is forced to allempt 10 locate marital assets concealed, transferred, or dissipated by the Plainliff she will be put 10 unnecessary expensc which she cannot afford. 19. Dcfendanl has no adequate remedy at law to prolect her interests. 20. Upon informiltion and belief, Defendant's avers that Plaintiffs actions transferring or alienating or concealing assels are intended 10 interfere with or defeat Defendant's claims under this action. 21. Immediate and irreparable harm has or may be caused by PlaintiCrs conduct. WHEREFORE, Pelitioner requesls this Court Cor equitable relieC: Enjoining preliminarily and until hearing, and finally thereafter, Ihe Plaintiff Crom dissipating, transCerring, encumbering, concealing, selling, removing, or alienating any realty or personally pending further Order of Court; Issuing a Rule upon the PlaintifC to show cause: Why PlairlliCC should nol be permanently enjoined Crom dissipating, transferring, encumbering, concealing, selling, removing, or alienating any really or personally pending further Order of Court; Why Plaintiff should nol be direcled to provide an accounting of all payn1ents received by the Plaiutiff froll1 Masland Industries on account of his retireme~t account or other deferred income or savings, during the last year; Why Masland Induslries should not be ordered to pay any proceeds due the Plaintiff Crom his deCerred income or retirement plan into an escrow account to be joinlIy administered by counsel to the parties; Why Defendant should not be authorized by special order oC court under PA R.C.P. 1920,22 (a) to engage in full discovery in this matter as otherwise provided under the Pennsylvania Rules of Civil Procedure; Why Plaintiff should not be ordered to pay to Petitioner alimony pendente lite, counsel fees and expenses and costs in this matter; and To set a bearing on this Petilion; and ~.....Al .lo<I -, ~, . . -. ,,',\' 't.l:,-. 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