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Home My WebLink About94-06597 ~ .f J , ? (.. tJ . .~ J-, J j C' 0- \() .:J ROBERT P. SPRINGER, Plaintiff rN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIO~ - LAW VB. MARGARET ANN SPRINGER, Defendant NO. 6597 CIVIL 1994 IN DIVORCE STATUS SHEET o vv-.', ~ ux.4~ 1'1,.t,d I. /? ~'t\~. ~~ \\~f4"\J . \ 11 '-I - -7 D , ( r?~~D .K~Q\.\ \~ y~ \9f\~ l\G/ \Ct..qlf ') . , Hr. Wilson and Hr. DeArmond, Attorneys at Law 1 october 1996 paqe 2 NOTE: sanctions for failure to file the pre-trial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. '- '. '~ ' ^~t.::~~~'~~f' >",:J1.....",'."..sUITl ..fff,,(,_,:;i",,: /,., A "'f:,,,r '".~~.' e.:..::.~..i'I-"'.-' -,~,." " .,'".;";,,....'';'~l.. ,..,..,:i,:,~\f:~:1';~~~~H> , ' 0171 .'0'_ IN THB COURT or COMMON PLEAS or COHBERLAHD COUNTY, PENNSYLVANIA ROBERT P. SPRINGBR, I plaintiff I I No. 94 115117 v. I I CIVIL TERM MARGARBT ANN SPRINGER, I Defendant I COMPLAINT IN DIVORCE ""0 NOW, ."..Il- f.C:. presentation of the within Petition February, 1995, upon for Special Relief in the Nature of an award to plaintiff the Exclusive Right to Reside in and Possess the Marital Residence in the above-captioned matter, a rule is hereby issued upon the Defendant, Margaret Ann springer, to show cause why the relief prayed for in the petition should not be granted. 'J '"' tlJllA L l" RULE RETURNABLE: ~~) W'M ~~c.-{., All proceedings herein to stay meanwhile. ,i ,/ // J. ... j Ij , , I I, . I ~, ), llj;-, 1:; d~; \'; ': .; " 1"\ fl ',I All" J ~rl~lll"; '. 2 ' :JOI.U ,. 9&/ Hd I1Z ELI 03 j IN THI COURT 01' COHHON PLUS 01' CUHBIRLAHD COUNTY, PlHHOYLVAHIA ROBIRT P. SPRINGIR, I plaintiff I I No. 94 15591 v. I I CIVIL TBRH MARGARBT ANN SPRINGBR, I Defendant I COKPLAIHT IN DIVORCI ORDBR AND NOW after consideration of the Petition for speoial Relief, etc. filed in the above-captioned matter and any answer thereto IT IS HEREBY ORDERED thut Plaintiff Robert P. Springer be awarded the exclusive right to reside in and possess the marital residence, and IT IS HEREBY FURTHER ORDERED that Defendant shall be granted a reasonable period of time, not to exceed thirty (30) days in which to comply with said Order. Dated: J. IN TBB COURT or COHKON PLBA8 or CtlKBl!RLMfD COtnlTY, PBJlH8YLVAHIA ROBDT P. 8PRINGI!R, I plaintiff I I No. 94 un v. I I CIVIL TJIRK IlARGARBT MOl 8PRINGBR, I Defendant I COMPLAINT IN DIVORCB PBTITIOH rOR 8PBCIAL RBLIBr IN THB NATURB O~ AN AWARD TO PLAINTIrr THB BXCLU8IVB RIGHT TO RB8IDB IN AND P088B88 THB MARITAL RB8IDBNCB AND NOW comes Plaintiff Robert P. springer, by and through his undersigned counsel, and petitions the Court for special relief, pursuant to Pa.R.C.P. 1920.43, in the nature of awarding Plaintiff the exclusive right to reside in and possess the marital residence pursuant to the Divorce Code Section 3502(C) of the marital residence and in support of his Petition states that: 1. Plaintiff commenced the subject action in divorce on November 18, 1994. 2. Defendant was served with the Complaint in Divorce on November 22, 1994. 3. To date Defendant has not answered said Complaint and no attorney has entered an appearance in this action on her behalf. 4. The marital residence of Plaintiff and Defendant has been that real property situate at 204 state street in the municipality of West Fairview, Cumberland County, Pennsylvania. 5. Plaintiff is one of two legal and title owners of said real property as a tenant at common. 6. Plaintiff acquired the property as a tenant in common following the dissolution of a previous marriage on or about July 23, 1976, during which the subject property had been held with his former wife as tenants by the entireties, and before the marriage to Defendant on November 19, 1988. 7. Following the dissolution of his previous marriage and prior to his marriage to Defendant, plaintiff used said property as his residence exclusively. 8. plaintiff has not transferred or conveyed any legal or equitable interest to Defendant in said property prior to or during the subject marriage. 9. plaintiff desires to assert all his legal rights to said property including the right of possession of said property to the exclusion of Defendant and in further support therefor avers that: a. There are no dependent or unemancipated children who will be affected by such action; b. Defendant continues to carryon adulterous affair(s) and/or offer further indignities upon Plalntiff, as alleged in Counts II and III of the Complaint, to include: (i) removing herself from the property for extended periods of time to include overnight stays elsewhere, including weekends, without a reasonable or plausible explanation to Plaintiff; (ii) sending and receiving numerous phone calls from unidentified adult male(s) while at the subject property; and VERIFICATION I. Robert P. Springer, do hereby certify that the facts set forth in the foregoing f'e'fIT]<>J FV,,(,,' .s(-I:~/"r.. A8.IC~ Ere. ].J ;10, 1( 6 s1 1 are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S. Section 4909 (relating to unsworn falsification to authorities) . CERTIFICATE OF SERVICE I, Michael J. Wilson, Esquire, hereby certify that a true and correct copy of the PETITION FOR SPECIAL RELIEF IN THE NATURE OF AN AWARD TO PLAINTIFF THE EXCLUSIVE RIGHT TO RESIDE IN AND POSSESS THE MARITAL RESIDENCE was forwarded by United States first class mail, postage prepaid on t.his 14th day of February, 1995, to the following: Margaret Ann Springer 204 State Street West Fairview, PA 17025 LAWS, STARUCH & PISARCIK I~h.-P-r: UJ Michael J. Wilson, -- Esq. 20 Erford Road, Suite 215 Lemoyne, PA 17043 (717) 975-0600 IN TUI COURT or COKKON PLBAS or CUJlBIRLMID COUllTY, PID8YLV.urIA ROBBRT P. 8PRINOIR, Plaintiff v. I I I I NO. U UIl7 I I COMPLAINT IN DIVORCI I KAROARIT AHH 8PRINOIR, Defendant IliVlNTORY 01' ROBIRT P. 8PRINOIR Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property tranvferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct to the best of his knowledge, information or belief. Plaintiff understands that false statements herein are made sUbject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification. !h/i~t~l&.J-k,R (/,.i!w.f~ atpoo/...fot: Robert P. Springer SPRINGER V. SPRINGER NO. 94 6597 ASSETS OF PARTIES (Plaintiff) ~ marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. ( x) 1. Real property ( X ) ( X ) 2. 3. Motor vehicles Ijavi(lgs Stocks, bonds, securities and options ( X) 4. Certificates of deposit ( X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts . ( ) 9. Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( x) 11. Gifts ( x) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Businesses (List all owners, including percentage of ownership, and officer/director positions held by a party with company.) ( ) 16. Employment termination benefits--severance pay, workman's compensation claim/awsrd ( ) 17. Profit sharing plan ( x) 18. Pension plans (indicate employee contribution and date plan vests) ( ) 19. ( ) 20. ( ) 2l. ( ) 22. ( ) 23. ( X) 24. ( x) 25. RetirE:ment plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) Military/V.A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other , NO. 94 6591 SPRINGER V. SPRINGER MARITAL PROPERTY (Plaintiff) (~ lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number 1. Description of Property Accretiun in value of 204 State street, West Fairview, PA since date of marriage to separation Names of All Date of Owners Acquisition Robert P. Springer 1916 Anna Mae springer, tenants at camon 1 . Accretion in value of vacant Robert P. Springer 1916 contiguous lots which measure 160 x 160 feet Halifax Twp., Dauphin (bunty, PA, since date of marriage to separation 2. 2. 3. 6. Accretion in value of 1993 Saturn motor vehicle Robert P. Springer 1993 Accretion in value of Subaru motor vehicle Margaret Ann Springer Unknown Thirty two (32) U.S. Savings Bonds with $50 face amount Robert P. Springer 1964-89 Harris Savings Savings Account Robert P. Springer Margaret Ann Springer 1993 No. 94 6597 Springer v. Springer NON-MARITAL PROPERTY (Plaintiff) ~~t~~t~) lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Number 3. 4. 5. 6. 6. 11. 11. 11-12. 18. 25. 25. 25. 25. 25. 1. 1. 2. ~escription of Property T\;O (2) U.S. Savings Bonds Reason for Exclusion Divorce Code Sec. 3501(a)(1) Sec. 3501(a)( 1) or (3) Sec. 3501(a) (1) or (3) Sec. 3501(a) (1) or (3) Sec. 3501(a)(1) or (3) Sec. 3501(a)(3) Sec. 3501(a)(3) Sec. 3501( a) (1) or (3) Sec. 3501(a) (1) Certificate of Deposit Members First Fa} Checking Account Members First Fa} Savings Account Members First Fa} Investment Savings Account DiaJIDnd Engagement Ring Wedding Ring Cash Federal enployees Retirement Benefits Bradford Stem Sec. 3501(a)(1) or (3) Sec. 3501(a)(3) Sec. 3501(a)(3) Sec. 3501(a)(1) or (3) Sec. 3501(a)(1) or (3) GE VCR Sears Microwave Mattress & Box Spring All household furn! ture and appliances, except as noted hereinabove, located at 204 State street 204 State street, West Fairview 1/2 interest as tenant ut common Vulue as of date of marriage Sec. 3501 (a)( 1) Lots Halifax 'lWp., Dauphin County VAlue as of date of marriage Sec. 3501 (a)( 1) 1993 Saturn motor vehicle other than increase in value Sec. 3501(a)(1) or (3) CERTIFICATE OF SERVICE I, Michael J. Wilson, Esquire, hereby certify that a true and correct copy of the INVENTORY OF ROBERT P. SPRINGER was forwarded by united States first class mail, postage prepaid on this 16th day of February, 1995, to the following: Margaret Ann springer 204 State Street West Fairview, PA 17025 LAWS, STARUCH & PISARCIK .' " . ~_a /1IJ? t/~- Michael J. Wilson, Esq. 20 Erford Road, suite 215 Lemoyne, PA 17043 (717) 975-0600 IN TUB COURT or COKHON PLEAS or CUHBBRLAND COUNTY, PBNNSYLVANIA ROBBRT P. SPRINOBR, I NO. 94 15597 plaintiff I I CIVIL TBRM v. I I MAROARBT ANN SPRINOBR, I COMPLIANT IN DIVORCB Defendant I RBPLY TO NBW HATTBR AND NOW comes plaintiff, Robert P. springer, by and through his attorney, Michael J. wilson, and replies to that part of Defendant's Answer to Petition for Special Relief which has been designated "cross-Claim" but which has been orally confirmed with Defendant's counsel as being New Matter. 10. The averments of paragraph 10 do not require a responsive pleading. 11. Denied. The averments of paragraph 11 are legal conclusions to which no responsive pleading is required. 12. Denied. After reasonable investigation Plaintiff lacks sufficient knowledge or information to form a belief as to the truth of the averments in paragraph 12. strict proof thereof is demanded. 13. Denied. The averments of paragraph 13 are legal conclusions to which no responsive pleading is required. By way of further answer, plaintiff believes and therefor avers that Defendant's marital interest in the subject property, if any exists, is not relevant to the disposition of the special relief requested by Plaintiff. 14. Denied. It is denied that Defendant is unable or would be unable to re-establish her residence elsewhere prior to equitable distribution of marital property, if any should occur. By way of further answer, Defendant has gainful employment at which she earns groas income sufficient to sustain herself. Furthermore, Defendant has no extraordinary expenses or bills such as a mortgage or car payment which would inhibit her ability to obtain and maintain a new residence. Furthermore, any inability of Defendant to obtain and maintain a new residence while the subject proceeding is ongoing is not the fault of or is not caused by the actions or omissions of plaintiff and, therefore, should not be detrimentally relied upon by the Court to deny Plaintiff the special relief requested. 15. Denied. The averments of paragraph 15 are legal conclusions to which no responsive pleading is required. WHEREFORE, Plaintiff prays this Court grant the special relief requested in the subject Petition. Respectfully submitted, LAWS, STARUCH & PISARCIK /nflr {I.(/..--. By: J. ~ v Michael J. Wilson 20 Erford Road, suite 215 Lemoyne, PA 17043 (717) 975-0600 Attorney for Plaintiff , , CERTIFICATE OF SERVICE I, Michael J. Wilson, Esquire, hereby certify that a true and correct copy of the foregoing REPLY TO NEW MATTER was forwarded by united States first class mail, poetage prepaid, on this 20th day of March, 1995, to the following: P. Richard Wagner, Esq. Mancke Wagner Hershey & Tully 2233 North Front street Harrisburg, PA 17110 LAWS, STARUCH & PISARCIK By: /I%A VJ2. Michael J. Wilson, Esq. 20 Erford Road, Suite 215 Lemoyne, PA 17043 (717) 975-0600 f ,< r r , ~ = <>- rl ;:r .." ~; ". I IJl. L ..... '" ..., -. = ,.- ~ -, ;" - IN THI COURT OF COHHON PLBAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA ROBBRT P. SPRINGBR, plaintiff v. I I I I I I I No/fit frjf7 (' '- ~Ll l. --J t1.-v!'--- MARGARBT ANN SPRINGBR, Defendant COMPLAINT IN DIVORCB NOTICI 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 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 the irretrievable breakdown of the marriage, you may request counseling. A list of marriage counselors is available in the Office of the prothonotary at 1 Courthouse Square, 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 4th Fl., Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 IN THE COURT or COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA ROBERT P. SPRINGER, I plaintiff I . . V. I NO. I MARGARET ANN SPRINGER, I COMPLAINT IN DIVORCE Defendant I COMPLAINT IN DIVORCE COUNT I - DIVORCE UNDER SECTION 3301(0) or 3301(d) or THE DIVORCE CODE Plaintiff, by his attorney, Michael J. Wilson, respectfully represe~ts: 1. Plaintiff is Robert P. springer, who currently resides at 204 state street in the municipality of West Fairview, County of Cumberland, commonwealth of Pennsylvania. 2. Defendant is Margaret Ann springer, who currently resides at. 204 state street, in the municipality of West Fairview, county of cumberland, commonwealth of Pennsylvania. 3. Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of pennsylvania for a perio~ of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on the 19th day of November, 1988, at New Cumberland, Pennsylvania 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that plaintiff may have the right to request that the court require the parties to participate in counseling. B. Plaintiff requests your Honorable Court to enter a decree in divorce, divorcing Plaintiff and Defendant. COUNT II -DIVORCE UNDER SECTION 3301(a) (2) OF THB DIVORCE CODE 9. Paragraphs 1 through 5 of this complaint are incorporated herein by reference as though set forth in full. 10. Plaintiff seeks a divorce pursuant to section 3301(a) (2) of the Divorce Code on the grounds that Defendant has committed adultery while married to Plaintiff. 11. Plaintiff and Defendant have not entered into an agreement as to support/custody/visitation of children in that they have no children between them and all their respective children from prior marriages are emancipated. 12. Plaintiff and Defendant have not entered into an agreement as alimony or property division, if applicable to this action. ~EEREFORE, Plaintiff requests the Court to enter a decree in divorce, divorcing Plaintiff and Defendant. COUNT III - DIVORCB UNDBR SECTION 3301(a) (6) OF THB DIVORCE CODE 13. Paragraphs 1 through 5 and 11 and 12 of this complaint are incorporated herein by referance as though fully set forth. 14. Plaintiff seeks a divorce from Defendant on the grounds that Defendant has offered such indignities to plaintiff, who himself is innocent and injured, as to render Plaintiff's condition intolerable and life burdensome. WHEREFORE, Plaintiff requests the Court to enter a decree in divorce, divorcing plaintiff and Defendant. COUNT IV - EQUITABLE DISTRIBUTION 15. Paragraphs 1 through 5 of the Complaint are incorporated herein by reference as though fully set forth. 16. plaintiff and Defendant have acqui~ed property, both real and personal, during their marriage from November 19, 1988 until the date of the filing of this complaint. 17. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. COUNT V - ALIMONY 18. Paragraphs 1 through 5, 10 through 12, and 14 and of this Complaint are incorporated herein by reference as though set forth in full. 19. Plaintiff has been compelled to seek this divorce because of the actions undertaken by Defendant as set forth herein. 20. Plaintiff lacks sufficient property to provide for o ~'^ " '3"" ~ ~) \ ' <> .{} '(j "(<;''0 -- J., (0 -.;e '() - \ - vi ......:... \ ') -::J ........ 1\, '>L "'" "', l"'- e- ''i, I:::i-- '- ---- '~ ~ ~ ,~ ..... " -w' -::r' en . - L):: ,1'1 .:;) p ~ '\-..d --. ~.." :-.. .",- , , -.... ~ ~-11 '\ ~0' ~ tY) - = ~ ,.. co> = , ROBERT P. SPRINGER, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO, 94-6597 CIVIL TERM : CIVIL ACTION - LAW MARGARET ANN SPRINGER, DEFENDANT : IN DIVORCE ORDER . ~ \ _ F, /-\(' .rV~1 AND NOW this 2 "t'I day of ) ,.:tl (Jw~-4--- , 1996 r~ L r Cr.(J~ . Esquire, is apppointed Master with respect at the following claims: Divorce, Alimony and Equitable Distribution, BY THE COURT. ~ ~~. R~- /. 1. r....'l. ",-.., ... , , ':\ .,':.;-;0'; n, :)Ti'iY f' ", 'I :/:19 /' ,,,' ' , ..,: -11J;UlL\'!,\", 0.1,,\ , CERTIFICATE OF SERVICE AND NOW, this~~ day of k 1996, I, Keith B, DeArmond, Esquire, do hereby cenity that I have served a copy of the foregoing Motion for Appointment ofa Divorce Master on this date by depositing a copy of the same by I st Class United States Mail, postage prepaid in Camp Hill, Pennsylvania, addressed to: Michael 1. Wilson, Esquire Laws, Staruch & Pisarcik 20 Erford Road, Suite 215 Lemoyne, PA 17043 ktdh 16, D?/L'lh'r1- L-. Keith B, DeArmond, Esquire Allomey for Defendant 2800 Market Street Camp Hill, PA 17011 (717) 730-9394 :~ ?2 i'-~~ ("0 ~1;.' [-c, 1-' ,"'1.. '-'('1 c"c: w<- U:U~ F ll_ (.) u. C :.; , , !..-r. j:~ :.:t, "'l:-:j .;,.... ":' ~fJ )"; : "t'il '1J.,. t'- C'J t'L LL.! ,,1 '.0 (Jl ~''j o '.I D ,':.'1 :':.. ;:~ """, ,.~1 .:1i . ROBERT p, SPRING PLAINTIFF VS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO, 94-6597 CIVIL TERM MARGARET ~PRINGER, DEFEN , ..., ..\ ('1 " r- /~ l' " d- V~((I( ~ AND NOW this '- - of () 'J-,)I!/'....... 96 /-, ()'ff/'"'f J/-' Esquire, is appointed Master with respect to the followi claims: Divorce, Alimony d Equitable Distribution, ;1Y"iq: ,~'.:" . -. . . . r'~"_~/~ BY THE COURT, !~~ Jh " l I ,.J . ROBERT p, SPRINGER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS, : NO, 94-6597 CIVIL TERM : CIVIL ACTION - LAW MARGARET ANN SPRINGER, DEFENDANT : IN DIVORCE AMENDED MOTION FOR APPOINTMENT OF A DIVORCE MASTER Defendant moves the Coun to appoint a Master with respect to the following claims: a, Divorce b, Alimony c, Equitable Distribution and in the suppon of the motion state: I, The Discovery appears to be complete as to the claims for which the appointment of a Master is requested as both panies have filed their respective inventories and no interrogatories have been propounded to date, 2, The Defendant has appeared in the action by her allomey, Keith B, DeArmond, Esquire, 3, The statutory grounds for the divorce are 3301(c), 3301(d), 330 I (a)(2) or 3301(a)(6), 4. The action is contested with respect to the following action: Divorce, Alimony and Equitable Distribution. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. t! I ~, ~ "I " i:G c': \~, : ~";: c.:,; 1.-( uj''' 1-" ) ;:~ J.E. ( -, ,~ f I , ~tl ". 1~__j . -,- t,::- .. j1 {' J'-"" n (O} : ;:\ f~:) \.\1 Lt. is l.JJ I' .:::J- (I) . ,. \1~ ,0 --.:. 0 (J" u -, 'I; . . . CERTIFICATE OF SERVICE AND NOW, this 5th day of January, 1996, I, Keith B, DeArmond, Esquire, do hereby cenity that I have served a copy oflhe foregoing Income & Expense Statement, Inventory and Answer of Defendant, Margaret Ann Springer, on this date by depositing a copy of the same by 1 st Class United States Mail, postage prepaid in Camp Hill, Pennsylvania, addressed to: Robert P. Springer c/o Michael 1. Wilson, Esquire Laws, Staruch & Pisarcik 20 Erford Road, Suite 215 Lemoyne, PA 17043 A~~9k, Keith B. DeArmond, Esquire Attorney for Defendant 2800 Market Street Camp Hill, PA 17011 (717) 730-9394 :>- C;", r: p- . (.') r.': III ~ 1 .:',? ..-... <.J; 1 I'; '.. ,. ',. &:;.- ',J; . C1 C.l ll'c. ..1 I", I ,.. ,- I') C.' ) , , -' PYOW''f''C r a'~:lrr PUOW'V'O 8 Illiil)l r6C61lClll.ul IIOLI VtNV^1ASNN3d '111H dnv:> 133tUS 13)H:fYrt ooaz MYll'W SA3NtlOU'W j71NU'';r::'''0 :P j7Ut71"n "'e; ~ ROBERT P. SPRINGER, I IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA . plaintiff, . . . NO. 94 CIVIL 6597 . v. . . I CIVIL ACTION - LAW I MARGARET ANN SPRINGER, I IN DIVORCE I Defendant. I .OTIC. '1'0 VLBM) TO: Michael J. Wilson, Esquire LAWS, STARUCH , PISARCIK 20 Erford Road, suite 215 Lemoyne, PA 17043 You are hereby notified to plead to the within document within twenty (20) days after service hereof, or a default judgment may be entered against you. Respectfully s~~itted, .// IIPCIB, W,.cDiU, BDlB.Y , 'fULLY By ,'/; / P. R P ar gner, Eaqu re 1.0/#2310 I 22~~ Nor~ Front street H~r~~rg, PA 17110 (n-t) 234-7051 Attorney for Defendant DATE: ;1 ,)J 'l~ . / v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-6597 ROBERT P. SPRINGER, plaintiff, MARGARET ANN SPRINGER, CIVIL ACTION - LAW IN DIVORCE Defendant. ANSWER TO PETITION ~OR SPECIAL R.LI.~ AND NOW, comes the Defendant, MARGARET ANN SPRINGER, by and through her attorneys, MANCKE, WAGNER, HERSHEY' TULLY, and files the following Answer to Petition for Special Relief: part, however, it is denied that the plaintiff used the property as his residence exclusively in that the plaintiff and the Defendant have resided there since the date of their marriage and Defendant has acquired a marital interest in said property. B . Admitted. 9. Admitted in part, denied in part. It is admitted that the Plaintiff desires to assert all legal rights; however, 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in it is denied that he has the right to exclude the Defendant who has a marital interest in said property, and further, Defendant avers that: a. Admitted. b. Denied. It is denied that the Defendant has had any adulterous affair or offered any indignities to the Plaintiff; and it i. further denied that she removed her.elf from the property for extended periods of time, and it is further denied that Defendant i. receiving numerous phone calls which sugge.t any indignities or adulterous affair; and it is further denied that she fail. to communicate with Plaintiff. c. Admitted. d. Admitted. WHEREFORE, Defendant prays this Court to di..i.. the Petition for Special Relief. CR088~CLAIII 10. Paragraphs 1 through 9 above are incorporated herein by reference and made a part hereof. 11. Defendant herein does not believe that the Plaintiff has set forth sufficient grounds in order to justify the granting of the divorce. 12. Defendant is of limited means having income of approximatelY $800.00 per month, and has not other place to go for purposes of residency. 13. Defendant has a marital interest in the property in question as well as a marital interest in other assets of the parties. 14. Defendant is unable to re-establish her residence on her own prior to the equitable distribution of marital property, since the equitable distribution of marital property serves as the sole basis upon which the Defendant is able to establish another residency. 15. Defendant believes and therefore avers that she ia entitled to remain in the property since she has a vested marital interest in the property at 204 state street, West Fairview, Pennsylvania, and further, that the Plaintiff does not have grounds for a divorce pursuant to the provisions of the No-Fault Divorce Act. lr> en - =-= --,: .u Ul c:> co "" -, ~ 0:>- w ..J ~ 0 Z..J ~ Cl F? ;:: a ~ c<l ~ ~ ~ w ~ q ~~J:~i! ~ (Jl ~ ~ .... a: N ... W" :1: J: WE 00 IU!REBV CfflTI'Y 'Ii"" THE WlHllN II A HIV[ ...PiU COR. REel COP., OF THI! ORIOINAL 'ILlD IN THII ACTION IV ',h',I''''<t', '" y().dllfHfi,..,-tot'I'''.,o'ld'td ... WlllllUt "11'0"11 IU 'HI ~~(~\=-I'w,"TY nOlO",'. ,,.0101I ""v.:., Hl,..Ol' 0fII " JUOQIIl,,,,, rou.'Mllt"N:O..a.u.tlllUU IY--.-----..n~'~- AntMN-rv- ,- MANCKE. WAGNEIl. HERSHEY & TULLY IN TBB COURT or COKMON PLIAS or CUKBIRLAND COUNTY, PBNNSYLVANIA JUN 291995 , J'ft-J v. I HO. 94 1l!597 I I CIVIL TIRM I I I COMPLAINT IN DIVORCB I MORDER L.., _ " NOW this ~ day of -4 V""\ , 1995 a ROBBRT P. SP~IHGBR, plaintiff KARGARBT ANN SPRINGER, Defendant AND hearing shall be held on the matters set forth in Plaintiff's Petition for specia~ Relief and Defendant's Answer thereto on the ;),..,). day of h4..<AYf-- , 1995, at /i).'(Tl) /J-.m. o'clock, in courtr&6m No. ~ in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle. Pennsylvania. A copy of this Order shall be furnished to the p rt es or their counsel. ,., ..... c, ,., '-'-' c::> " , '. , . ,.F ~ .' . c~ &: (" ~ ~ ":J " :.... :;~. ~ IN THB COURT 01' COMKON PLBAS 01' CUJlBULAHD COU!l'l'Y, PENNSYLVANIA ROBUT 1'. SPRINGER, I NO. !14 UlI7 Plaintiff I I CIVIL TERK v. I I MARGUET ANN SPRINGER, I COMPLAINT IN DIVORCE Defendant I PRAECIPE To: prothonotary Please schedule a hearing on the matters set forth in Plaintiff's Petition for special Relief. LAWS, STARUCH & PISARCIK , I, /., /11...(,/.(/('_ Michael J. Wilson Atty 1.0. 52680 Attorney for Plaintiff 20 Erford Road, Suite 215 Lemoyne, PA 17043 (717) 975-0600 .. CERTIFICATE OF SERVICE I, Michael J. Wilson, Esquire, hereby certify that a true and correct copy of the foregoing Praeoipe was forwarded by united states first class mail, postage prepaid, on this 23rd day of June 1995, to the following: P. Riohard Wagner, Esq. Mancke, Wagner, Hershey & Tully 2233 N. Front street Harrisburg, PA 17110 LAWS, STARUCH & PISARCIK II ~ Ii. I ,J/ v ,. (..'" 10/ Michael J. Wilson Atty I.D. 52680 Attorney for Plaintiff 20 Erford Road, suite 215 Lemoyne, PA 17043 (717) 975-0600 . ~, ROBERT P. SPRINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA (;11-{ NO. ,%-6597 CIVIL TERM V. MARGARET A. SPRINGER, Defendant F QRDER OF COUR.I AND NOW, August 2, 1995, the parties having appeared with their respective counsel, Michael J. Wilson, Esquire, for the plaintiff, and Keith B. DeArmond, Esquire, for the defendant, and having reached an agreement In settlement, stipulate to the following terms, which sha!1 be entered as an Order of Court: 1. Petitioner shall pay Respondent, through their respective attomeys, the sum of $9,000, on or before August 9, 1995. 2. Said payment shall be considered and construed as a partial distribution of equitable distribution property rights which have accrued to Respondent since the date of marriage, and that Respondent reserves the right to seek further distribution of property subject to equitable distribution, If any exists, during the pendency of this divorce action. 3. Respondent shall credit Petitioner for the total amount paid hereunder with respect to any total equitable distribution amount which may be adjudicated ~ ..... In this divorce action. 4. In consideration of the payment herein recited, Respondent shall completely vacate the premises at 204 State Street, West Falrvlew, no later than August 23, 1995, taking therefrom only her personal property which she first brought to said premises, or property which she acquired or that was gifted to her, and retumlng or leaving all property which Is not hers, Including a return of all keys to the premises and Petitioner's motor vehicle. 5. Both parties have evidenced their Intent to be legally bound by separate Agreement and stipulate that an Order of Court can and will be sought for a specific performance thereunder. By the Court, J. Michael J. Wilson, Esquire For the Plaintiff _ ~~<>.J ~V<-""' r~~J.6 't1;J./9J-, ,ll. " , Keith B. DeArmond, Esquire For the Defendant ROBERT P. SPRINGER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 94-6597 CIVIL ACTION - LAW MARGARET ANN SPRINGER, Defendant IN DIVORCE INVENTORY OF MARGARET ANN SPRINGER Defendant files the following inventory of all propeny owned or possessed by either party at the time this action was commenced and all property transferred ~ithin the preceding three years. Defendant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities. 1')1/t1.ll~A vJ-t1~ ~ru~J... Marga et Ann Spnnger, De endant ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the foilowing pages. (X) 1. Real Property (X) 2, Motor vehicles (X) 3. Stocks, bonds, securities and options (X) 4. Cenificates of Deposit ( ) 5. Checking accounts, cash (X) 6, Savings accounts, money market and savings cenificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts (X) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal propeny outside the home ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a pany with company) ( ) 16, Employment termination benefits - severance pay, worker's compensation claim/award ( ) 17, Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) ( ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitarylV.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mongages held (X) 25. Household furnishings and personalty (include as a total category and allach itemized list as if distribution of such assets is in dispute) (X) 26. Other MARITAL PROPERTY Defendant lists all marital propeny in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Ucm Description Name. of PRlCnt Value Number of Properl~ All Ownen of Property I. 204 State Street, West Fairview, PA 17025 Roben P. Springer 2. 1 acre lot in Halifax Robert p, Springer 3, 1993 Saturn Roben P. Springer $14,000.00 4. Cenificate of Deposit Roben P. & Margaret Ann Springer $17,500.00 5. Savings Account Robert P. & Margaret Ann Springer $500.00 6. Camcorder Roben P. & Margaret Ann Springer $900.00 7, 35mm Camera Roben p, & Margaret Ann Springer $\00.00 8. Burial spaces Robert p, & Margaret Ann Springer $3,300.00 9. 2 Cenificates of Deposit Roben P. & Margaret Ann Springer $15,000,00 10, 2 Air conditioners Roben P. & Margaret Ann SJiringer II, Savings Bonds Roben p, & Margaret Ann Springer NON.MARIT A/., PROPERTY PlaintilT Ii~ts all propeny in which a spouse has a legal or equitable interest which is claimed to be excluded from marital propeny: Item Description Number of Property I. 1988 Subaru 2. Furniture and recliners 3. Appliances. toaster, can opener 4. VCR 5. Microwave 6. Matress & Box Spring 7. Stereo Reason for Eulusion Acquired prior to marriage Christmas Gift Christmas Gift Acquired prior to marriage Acquired prior to marriage L1ADlUTIES Item DeKrtptlon N .me. or N .me. or Amount Number or Prooeny All CredllQ[l All Dcblon ibwI I. Braces Dr, Mathis Margaret Ann Springer $3,700,00 2. Unsecured Citibank Acct Margaret Ann Springer $8,500.00 3. Unsecured Corestate Account Margaret Ann Springer $8,500.00 4. Unsecured First Deposit Margaret Ann Springer $5,000.00 5. Unsecured Benelicial Finance Margaret Ann Springer $3,600,00 6. Unsecured Boscov's Account Margaret Ann Springer $400,00 7, Unsecured U.S.A, First Margaret Ann Springer $400.00 PROPERTY TRANSFERRED Ilem Number DellCripllon or Prooeny Dale or Tran.rer Con.l.d- cntilln PenoD 10 Whom Tranlferred None ROBERT P. SPRINGER. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V, : NO, 94-6597 : CIVIL ACTION - LAW MARGARET ANN SPRINGER. Defendant : IN DIVORCE INCOME AND EXPENSE STATEMENT OF MARGARET ANN SPRINGER I. INCOME Employer: Blue Shield Gross Pay Per Period (bi-weekly): $ 640,00 Itemized Deductions: Federal Withholding: $ 59.76 Medicare Tax $ 49.52 Local Wage Tax $ 6,46 State Income Tax $ 18,09 Other $ 9,24 Total deductions: $ 143.07 Net Pay Per Period (bi-week1y) $ 505,93 II. EXPENSES Rent (Monthly): $ 395,00 Utilities (Monthly): Electric $ 140.00 Telephone $ 80.00 TV Cable $ 19,55 Insurance (Monthly): Automobile $ 59,00 Automobile (Monthly): Fuel $ 100.00 Personal (Monthly): Food $ 300,00 Credit Card Payments $ 594.00 Clothing $ 50.00 Household/personal $ 50.00 Car Repairs $ 100,00 Legal Fees: $ 100.00 I, Margaret Ann Springer, verifY that the statements made in this Income and Expense Statement are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsifications to authorities 1n1~J11l-Ct '''74/1 ~fllJ~ Margar t Ann Springer, Defendant DATE: ,I - ~- 9(t CERTIFICATE OF SERVICE AND NOW, this 5th day of January, 1996, 1, Keith B. DeArmond, Esquire, do hereby certifY that I have served a copy of the foregoing Income & Expense Statement, Inventory and Answer of Defendant, Margaret Ann Springer, on this date by depositing a copy of the same by 1 st Class United States Mail, postage prepaid ill Camp Hill, Pennsylvania, addressed to: Robert P. Springer c/o Michael J. Wilson, Esquire Laws, Staruch & Pisarcik 20 Erford Road, Suite 215 Lemoyne, PA 17043 {-i~()jJh _ - - Keith B, DeArmond, Esquire Attorney for Defendant 2800 Market Street Camp Hill, PA 17011 (717) 730-9394 .die :://'/IINul &:Q?e :;;/!,lIl~n~1 ATlOnNE'f'S AT LAW 2800 MARI<ET STREET CAMP HILL. PENNSYLVANIA 1701' t711l7J()'939.4 ,,;,'tn B C.Armond JICk" J O.AHno~ l J , , ~~) C' .. J .. '''11 ., I 1__;'. . -'] ll_" '..II,? C) : , '-:-'() ~.I_1 ' . -':I '. -r" 1)--- (.., ", :::h~ .' , u :.'J r..' ::..~! ~tJ -, \.!.) --.. .... --- ROBERT P. SPRINGER I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I I NO. 94-6597 CIVIL TERM I I CIVIL ACTION - LAW V. MARGARET ANN SPRINGER ORDER or COURT AND NOW, this 3rd day of OCTOBER, 1996, a Rule is idsued on Margaret Ann Springer to Show Cause why her Motion for the Appointment of a Divorce Master should not be stricken. The rule is based on the attached petition and shall be answered in fifteen (15) days after service on counsel for the defendant. The Divorce Master shall take no action on the case until further Order of Court. By the Court, ..---' y, P.J. Michael J. Wilson, Esquire Samuel L. Andes, Esquire ~Ylq~ ~l~p' Ktt 'fh .Awmon" &~. Divorce Master lsld : ..' ,r, i ,:: ! ;" ,j : 'I ' . ,', ,_:j .' i 1-,., , '. :-~~,:.:I~_':J.~.j I'J .. .. ./d{) . r- I 'l~~h.. '1" ROBERT P. SPRINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94-6597 CIVIL TERM MARGARET ANN SPRINGER, CIVIL ACTION - LAW Defendant : IN DIVORCE QBIlEB AND NOW, this day of , 1996, upon review of Plaintiff's Motion to Strike the Motion for Appointment of a Divorce Master, and any response thereto. the Motion to strike is hereby GRANTED. J. " " vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-6597 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ROBERT P. SPRI~GER. plaintiff MARGARET ANN SPRINGER, Defendant MOTION TO STRIKE MOTION FOR APPOINTMENT OF A DIVORCE MASTER AND NOW, comes Robert P. Springer, by and through his attorney, Michael J. Wilson, and moves to strike the Motion for Appointment of a Divorce Master filed with this Court on or about September 20, 1996, by Defendant, through her attorney, Keith B. DeArmond, and in support thereof states that: 1. The Motion for Appointment of a Divorce Master purports to have been filed by Plaintiff, when in fact it was filed by Defendant and her counsel, and, therefore, is defective on its face; 2. Paragraph 1 of said Motion avers that discovery has been completed as to the claims for which the appointment of a Master is requested, when in fact no discovery has been commenced whatsoever; 3. Paragraph 2 of said Motion avers that moving Defendant has appeared by his attorney, Samuel L. Andes, Esq., when in fact the Defendant in the above-captioned matter is a female and is represented by Attorney DeArmond; and 4. Paragraph 3 of said Motion avers that the statutory grounds for the subject divorce are section 3301(C) of the Divorce Code, when in fact the grounds for divorce set forth in the ," " . . complaint in Divorce are under Sections 3301(c), 3301(d), 3301(a) (2) or 3301(a) (6). WHEREFORE, plaintiff Robert P. springer prays this Honorable Court strike the Motion for Appointment of a Divorce Master for the reasons set forth herein. Respectfully submitted, IJ/~I'A (,.;~t<'--- Michael J. Wilson, Esq. Laws, Staruch & pisarcik 20 Erford Road, suite 305 Lemoyne, PA 17043 (717) 975-0600 ,. d , ~,; c, 1-.: .. UJC' .-. . . ("J.. < , . ! ,to ", ~;i " :::.; . 0" '" C ' ;,) F" " "Li, . ,. , U.\ r. ,,-ti , :-... I L ,. 0 " ) L: - . U We- ~uumd g..We- ~nd ATTORNEVS AT LAW 2800 MARKET STREET CAMP HILL, PENNSVLVANIA 17011 (717) 730.9394 KEITH 8, DeARMOND JACKIE J. DeARMOND October 17, 1996 Office of the Divorce Master Cumberland County Coun of Common Pleas 9 North Hanover Street Carlisle, PA 17013 RE: Springer v. Springer Dear Master Elicker: Enclosed for filing please find the Pre-Trial Statement of Defendant, Margaret Ann Springer. Very truly yours, DeArmond & DeArmond ~~ Keith B. DeArmond, Esquire KBDllm Enclosure cc: Michael 1. Wilson, Esquire I I ROBERT P. SPRINGER, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO, 94-6597 CIVIL TERM CIVIL ACTION - LAW MARGARET ANN SPRINGER, DEFENDANT IN DIVORCE PRE-TRIAL STATEMENT On behalf ofthe Defendant, Margaret Ann Springer, in the above-captioned action, Keith B, DeArmond Esquire, does hereby file the following pre-trial statement for consideration of the Coun: I. Marital Assets- Attached hereto please find a listing of all marital assets including their value and determination of whether any portion in non-marital assets, their value and any liens or encumbrances thereon: See Inventory and Appraisment, 2. The names and addresses of each expert whom the Defendant intends to call at trial includes the following: None. 3. The Defendant intends to testifY at trial. 4. The Defendant may produce exhibits to suppon her Inventory and Appraisment. Any such Exhibits shall be fonhcoming, . RODERT I), SPRINGER, Plaintill' IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V, NO, 94.6597 CIVIL ACTION - LAW MARGARET ANN SPRINGER, Defendant IN DIVORCE INVENTORY OF MARGAIU~T ANN SPIUNGER Defendant tiles the following inventory of all propeny owned or possessed by either party at the time this action was cOlllmcnecd nnd nil property trnnsfcrrcd y;ithin the preceding three years. Defendant verities that the statements made in this inventory are true and correct. Defendant understands that false statements herein are Illnde subject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsilicationto authorities, , /)1/l{ll~~ ~r1~ Marga et Ann Springer, De endant n '......, ,~ , .;. , ; ., -10- ,1 - , c, 0 ;i::r1 '-j ~ 1'-. j I' 'j flJ - ! ,1;- (::/ . "rl) 0' \..1 -" I" -'J " .', , 'j:! ;. , -,-C) (,' )fl1 , , ~..t ~ , .) ," \.0 -'1 -, . ASSt;TS OJll'AltTmS Dcfendant marks onthc list bclow those itcms applicable to the case at bar and itcmizcs thc assets on thc lollowing pagcs. (X) 1. Real Propcrty (X) 2. Motor vchicles (X) 3. Stocks, bonds, securitics and options (X) 4, Certificatcs of Dcposit ( ) 5. Checking accounts, cash (X) 6, Savings accounts, moncy markct and savings certificates ( ) 7. Contents of safc dcposit boxcs ( ) 8. Trusts (X) 9. Lifc insurancc policies (indicatc facc valuc, cash surrender value and current bencficiaries) ( ) 10. Annuities ( ) 11. Gins ( ) 12. Inhcritanccs ( ) 13. Patents, copyrights, invcntions, royaltics ( ) 14. Personal propeny outsidc the home ( ) 15. Dusiness (list all owners, including pcrccntagc of ownership, and officer/director positions held by a party with company) \ ( ) 16. Employment termination benefits - severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans (X) 18. Pension plans (indicate employcc contribution and date plan vests) ( ) 19. Rctirement plans, Individual Retircmcnt Accounts ( ) 20. Disability paymcnts ( ) 21. Litigation claims (maturcd and unmatured) ( ) 22. Military/V.A. bcnefits ( ) 23. Education bcncfits ( ) 24. Debts duc, including loans, mongages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list as if distribution of such asscts is in disputc) (X) 26. Other MAIUTAL 1'lWrERTY Dcfendantlists all marital propcrty in which eithcr or both spouscs havc a legal or cquitable interest individually or with any othcr pcrson as ofthc datc this action was commenced: Item De.cr1llllon Nnmc. or Pre.ent Value Number lIlfrlIlIUU: All OltnCI1l or Proper1y I. 204 State Strcet, Wcst Fairview, P A 17025 Robcn 1'. Springer 2, I acrc lot in Halifax Rubcn p, Springer 3. 1993 Saturn Robcn p, Springcr $14,000,00 4. Cenificatc of Dcposit Roben P. & \ Margaret Ann Springer $17,500.00 5. Savings Account Robcn P. & Margaret Ann Springer $500.00 6. Camcordcr Roben p, & \ Margaret Ann Springer $900.00 7. 35mm Camcra Robcrt P. & Margaret Ann Springcr $100.00 8. Burial spaces Roben P. & Margarct Ann Springcr $3,300.00 9. 2 Ccrtil1cates of Dcposit Robcrt p, & Margarct Ann Springer $15,000.00 10. 2 Air conditioncrs Robcrt P. & Margaret Ann Springer 11. Savings Bonds Robcrt P. & Margarct Ann Springcr NON.MARITAL I'ROP.:lrfV PlaintilT lists 1111 property in which a spousc hus ulcgul or cquitublc intcrcst which is claimed to be excluded from lUarital property: lIem Description Number or I'ropertv 1. 1 '188 Subaru 2. FUl'l1iture and rcclincrs 3. Appliances, toaster, can opcner 1 4. VCR 5. Microwave 6. Matress & Box Spring 7. Stcreo Henson for Exclusion Acquired prior to marriage Christmas Gill Christmas Gin Acquircd prior to marriage Acquired prior to marriage LIAIJIUTIES Item Descrlllllon Nalllcs or Namcs or Amount I'llunIIl:r lllhvJlW All CrcdllOr) All Dcblors lliwI 1. Braces Dr. Mathis Margaret Ann Springer $3,700.00 2. Unsecured Citibank Acct Margaret Anll Springcr $8,500,00 3. Unsecured Corcstllte Account Margaret Ann Springer $8,500,00 4. Unsecured First Dcposit Margaret Ann Springcr $5,000.00 \ 5, U nsecu red Bcneficial Finance Margaret Ann Springer $3,600,00 6. Unsecured Boscov's Account Margaret Ann Springer $400.00 7. Unsecured U.S,A. First Margaret Ann Springer $400.00 P/{O/'ERTY T/{ANSFEIUUm l1em Number DelcrJlltlon nr Property Datenr Trnn.rcr Cnn~lld- muilm PerlOn to Whom Iranlrcrred None ROBERT 1'. SI'RINGER, I'laintifi. : IN TilE COURT OF COMMON I'LEAS . CUMBERLAND COUNTY, PENNSYLVANIA V, : NO. 94-6597 : CIVIL ACTION - LAW MARGARET ANN SI'RINOER, Defendant : IN DIVORCE INCOME AND EXPENSE STATEMENT OF MARGAI{ET ANN SPRINGER I. INCOME Employer: Blue Shield Grosslay Per Period (bi-weekly): $ 640.00 Itemized Deductions: Federal Withholding: $ 59.76 Medicare 'fax $ 49.52 Local Wage Tax $ 6.46 State Income Tax $ 18.09 Other $ 9.24 Total deductions: $ 143.07 Net Pay Per Period (bi-weekly) $ 505.93 II. EXPENSES Rent (Monthly): $ 395.00 Utilities (Monthly): Electric $ 140.00 Telephonc $ 80.00 TV Cable $ 19,55 Insurance (Monthly): Automobilc $ 59,00 Automobile (Monthly): Fucl $ 100,00 Personal (Monthly): Food $ 300.00 Credit Card Payments $ 594.00 Clothing $ 50.00 Household/personal $ 50,00 , Car Repairs $ 100.00 Legal Fees: $ 100.00 . ,I~ Margaret Ann Springcr, verify that the statemcnts made in this Incomc and Expense Statement are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa, C,S. Section 4904 relating to unsworn falsifications to authorities 1111:r11-d-ct "/1<f11 ~-f1lJ,~ Margaf t Ann Springer, Defendant DATE: ! - ~- 9Ct , IC"'U -1~-e . .~ .. l , ~,j , ..,.:, -:-::. ",~.,;:'~/;';) . . - "<.~,;:,'; , '. j'<;,~~ "'-"--";. 'i'""",,; , LaW&, StanKh f/ Pisarcik ATTORNEYS AT .......... W. ~COTT STARUCH CERARD J PISARCIK MICHAEL J. WilSON 20 [RfORO ROAD SUITE 30'5 Lemo,ne, Penru)11IIIllia 17043 (1IJ) 97~'0600 FAX (711) 01'-3871 October 16, 1996 E. Robert Elicker. II, Esq. Divorce Master Office of Divorce Master 9 N. Hanover st. carlisle, PA 17013 Re: Robert P. springer vs. Margaret Ann Springer No. 94-6597 civil - In Divorce Dear Mr. Elicker: Enclosed for filing with your office please find one original copy of Plaintiff's pre-Trial Statem~nt Pursuant to Pa. R.C.P. 1920.33(b), in accordance with your letter to us dated October 1, 1996. I have attached a certificate of service evidencing the fact that I have mailed a copy to Attorney DeArmond, as required by you in the aforementioned letter. If you have any questions, please call me. Very truly yours. , , /1"1 .';. .; / - _...?_~- I 1.'<- .. -h/~ . ,I .(4.- .. Michael J. wilson MJW:dpe Enclosure cc Keith B. DeArmond, Esq. ROBERT P. SPRINGER, Plaintiff VB, MARGARET ANN SPRINGER, Defendant lb"t.1'1Ce1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-6597 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT PURSUANT TO PA R.C.P. 1920.33(b) In accordance with tho directive of Divorce Master Elicker issued on October 1, 1996, Plaintiff Robert P. Springer submits the following pre-trial statement. I. LIST O~ ASSETS A. MARITAL ASSETS Pronerty Accretion in value of 204 State Street, West Fairview, PA, since date of marriage to separation Accretion in value of vacant contiguous lots which measure 160 feet. Halifax Twp., Dauphin County, PA, since date of marriage to separation Accretion in value of 1993 Saturn motor vehicle (Note: Traded in on 1996 Saturn in November, 1995) Accretion in value of Subaru motor vehicle Thirty-two (32) U.S. Savings Bonds with $50 face amount Harris Savings Savings Account Value Date of Value Liensl Encumbr. Unknown Unknown None Unknown Unknown None -$0- 10-31-94 None Unknown Unknown None $1,600 11-18-94 None $500 11-18-94 None 1 204 state street, West Fairview Unknown 1/2 interest as tenant at common Value as of date of marriage *Note: Needs permission of ex-wife to convey per Agrnt. Lots Halifax Twp., Dauphin Co. $10,000,00 Value as of date of marriage Note: Plaintiff placed word in the community around 1991 or 1992 that the lots were for sale at $20,000. No one offered to purchase them at that price. 1996 Saturn motor vehicle N/A *See note below 7-29-85 None $15,035.00 11-95 $6,314 II. EXPERTS None at this time. III. Donna K. Hite 601 State Road West Fairview, PA 17025 Shirley Shatto 139 Second Street West Fairview, PA 17025 Will testify to infidelity/adultery of Defendant during marriage and after separation. Will testify to cohabitation with another man after separation and leaving marital residence. IV. Plaintiff I s Exhibit 1 - copy of 7-page Agreement between Robert P. springer and Anna Mae springer. Plaintiff's Exhibit 2 - Copy of 3-page Warranty Deed from Anna Mae Springer to Robert P. springer dated 3/21/78 regarding Halifax lots. Plaintiff I s Exhibit 3 - Copy of 1-page 1985 appraisal by realtor of Halifax lots. Plaintiff's Exhibit 4 - Copy of 2-page 10/31/94 account statement of Robert P. springer at Members First Federal credit Union. 3 Plaintift's Exhibit 5 - Copy ot 2-page 9/30/95 account etatement ot Robert P. Springer at Members First Federal Credit union. V. INCOHI!J OJ' RODIlRT P. BPRINGIlR Source Gross Amount Deduction Net Income 1. Federal Employees $1,434.00 $229.00 $1,205.00 Retirement Plan 2. Social security $139.00 None $139.00 VI. IlXPBNBEB OJ' RODIlRT P. SPRINGIlR Monthly Home Mortgage/rent Maintenance Utilities Electric Gas oil Telephone Water Sewer/Trash Employment Public transportation Lunch Taxes Real estate Personal property Income Insurance Homeowners Automobile Lite Accident Health Other Automobile Payments Fuel Repairs Medical Doctor Dentist Orthodontist Hospital Medicine None Varies $ 35,00 90.00 None 20.00 18.00 35.00 None None None None 182.00 (deducted trom annuity) 13.00 ($150/yr approx) 50.00 ($600/yr approx) 1.50 ($16/yr - term) None 46.50 (deducted from annuity) None 150.00 50.00 Varies Varies 4.00 ($50/visit) None None 6.00 ($12/90 days; $8/100 days) 4 special needs (glasses, braces, orthopedic devices) Education Private school Parochial school College Religious Personal Clothing Food/Groceries/Supplios Barber/hairdresser credit payments credit card Charge account Memberships Loans Members 1st FCU Miscellaneous Household help Child care papers/books/magazines Entertainment Pay TV Vacation Gifts Legal fees Charitable contributions other child support Alimony payments Other Total Expenses 12.50 ($50 visit + $100 lens) None None None None 10.00 70.00 None None None None See car payment above 30.00 (cleaning) None 20.00 (newspaper) 30.00 20.00 (cable) None B.OO (gifts to grandchildren) Varies 90.00 (st. Theresa Catholic ChurCh) None None None $991.50, plus expenses which vary as noted above VII. PBNSION OR RBTIRBMEHT BENEPITS A. Federal Employees Retirement Plan: B. Social Security $1,434.00 gross p~r month (annuity) $ 139.00 gross per month There is no marital portion for either benefit above. VIII. CLAIM POR COUNSEL PEES Amount of fee to be charged: $ Basis for charge: 5 IX. DISPUTED TANGIBLE PERSONAL PROPERTY A. Sha~p Camcorder: $900.00 Disputed iS6ue(s): 1. Whether such item is marital property when it was purchased solely trom tunds ot Plainti!t Husband. 2, Whether such item retains value alleged. B. 35mm Camera: $100.00 Disputed issue(s): 1. Whether such item is marital property when it was purchased solely trom tunds of plaintiff Husband. 2. Whether such item retains value alleged. C. GE VCR: $200 Disputed issue(s): 1. Whether such item is marital property when it was purchased solely from funds of plaintiff Husband. 2. Whether such item retains value alleged. D. Sears Microwave: $500 Disputed issue(s): 1. Whether such item is marital property when it was purchased solely from funds of Plaintiff Husband. 2. Whether such item retains value alleged. X. MARITAL DEBT None. XI. PROPOSED RESOLUTION OF ECONOMIC ISSUES From the outset, the Court should be made aware that Plaintiff, on or about August 9, 1995, paid to Defendant Margaret Ann springer the sum of $9,000 which, by agreement of the parties, was to be construed as a partial distribution of equitable 6 distribution property rights which have accrued to Margaret Ann Springer since the date of marriage, and that she reserved the right to seek further distribution of property subject to equitable distribution, if any exists, during the pendency of this divorce action. Any resolution of the economic issues in this matter would first be dependent upon both parties agreeing/stipulating to what is or is not subject to equitable distribution, since there is major disagreement at this point based upon the Inventories filed by the parties. The major differences lie in the treatment of real property owned by Mr. Springer prior to his marriage to Margaret Ann Springer. In conjunction with that issue, is the question of how to value the two items of real property for that purpose. Plaintiff does not believe he should be required to hire an expert at his expense to ascertain values which may have applied in 1988 (the year of marriage) and those values which applied as of November, 1994 (the month of the filing of divorce). In fact, Plaintiff is willing and able to introduce evidence concerning both properties which would tend to demonstrate that if there was any accretion in value during that approximate 6-year span, it was de minimis and does not have a substantial impact upon tho overall distribution of marital assets. Based upon the review of the Inventory of Margaret Ann springer, it appears that Defendant is taking the position that the two items of real property are fully subject to equitable distribution, despite the fact that at no time did Plaintiff add 7 her name to the Deed of either property or make a gift otherwise of any interest to the properties. In addition, Defendant has not provided to Plaintiff any proof of how she intends to prove the aocretion value to which she may be entitled in either property. There are also oertain items of intangible personal property over which the parties disagree. For example, on her Inventory, Defendant cites three certificates of deposit, the sums of which total $32,500. At the time of the divorce filing, Plaintiff had one certificate of deposit in his name only deposited in Members First Federal Credit Union. The value of that certificate of deposit was between $29,000 and $30,000. To the extent that any of those monies or any other monies of Plaintiff can be traced to an alleged certificate or certificates of deposit to which Mrs. springer had an equitable distribution claim, Defendant has not provided any proof thereof as of this date. consequently, both parties are in disagreement over that type of property and how it would be affected by equitable distribution rules. In summary, at the present time, Defendant has made an offer to plaintiff to settle all matters for the total sum of $29,000, which would mean that Plaintiff would be required to pay her an additional sum of $20,000. It is Plaintiff's belief that such amounts multiplied by 2 may exceed the total value of any assets he has held (excluding real property), much less whether or not they are considered marital or non-marital property under the Divorce Code. consequently, Plaintiff is not prepared to offer to 8 Defendant any further payment in equitable distribution under these oircumstances. On the issue of alimony, quite simply Plaintiff believes that Defendant was carrying on an adulterous affair during the marriage, and that he can meet his burden of proof in demonstrating that an affair was being conducted during the marriage. In addition, after Defendant left the marital residence. she cohabitated with another man, and this, Plaintiff bolieves, further relieves him of any legal responsibility for alimony payments, In addition, Plaintiff is 62 years of age, approximately 20 years older than Defendant, and is retired living on a fixed income in the form of a retirement pension. His savings and accumulation of other wealth are very modest. Defendant has already testified under oath in a prior deposition that Plaintiff paid for all living expenses and upkeep during the 6-year marriage, to include payment of bills and expenses easily attributable to her use and enjoyment of the home and other living standards. The sole exception was her requirement to pay the telephone bill. In the meantime, she has always been gainfully employed, earning a salary ranging from $12,000 per year to a current level believed to be approximately $17,000 per year. Her current debt situation is personal, not marital, and its origins oan be traced to undisciplined spending habits, the allowance of the authorized use of her credit cards by her adult sons to her financial detriment, and an overall mismanagement of her otherwise uncommitted net income during the marriage. Defendant apparently 9 believes that those should impact upon her request tor alimony and lor equitable distribution. plaintitt strongly disagrees and will not concede any income to her or property to her on that basis, In summary, but tor the staggering debt ot Detendant brought upon herselt, her living standard and income would actually equal or exceed that of plaint!tf. For that reason, plaintitt cannot and will not concede any amount of alimony to Defendant under any circumstances. ,I /1 /f/,I " -,"-, / - " I {,./.J . U/"e--- Michael J. Wilson, Esq. Laws, staruch & pisarcik 20 Erford Road, suite 305 Lemoyne, PA 17043 (717) 975-0600 10 CERTIFICATE OF SERVICE I, Michael J. Wilson, Esquire, hereby certify that a true and correct copy of the foregoing Piaintiff's pre-Trial statement Pursuant to Pa. R.C.P. 1920.33(b) was served by U.S. First Class Mail, this 16th day of October, 1996, to the following: Keith B. DeArmond, Esq. DeArmond & DeArmond 2800 Market st. Camp Hill, PA 17011 LAWS, STARUCH & PISARCIK ..)/ (:"/t I /,., I;J~ ., ,.""" "~.. - (.11/'-- Michael J. Wilson, Esquire 20 Erford Road, suite 305 Lemoyne, PA 17043 (717) 975-0600 \ CERTIFICATE OF SERVICE AND NOW, thisd!.~ay orhL 1996, I, Keith B. DeArmond, Esquire, do hereby cenifY thllt I have served II copy of the foregoing Amended Motion for Appointment of a Divorce Master on this date by depositing II copy of the Sllffie by 1st Class United Stlltes Mail, postage prepaid in Camp Hill, Pennsylvanill, addressed to: Michllel J. Wilson, Esquire LllWS, Stanich & Pisarcik 20 Erford ROlld, Suite 215 Lemoyne, PA 17043 .J{ ,.4 R n..i I ')&....Ul f.-/. ...u"-"""\U~'\VI_ Keith B. DeArmond, Esquire t:... Attorney f('lr Defendant 2800 Market Street CllffipHill,PA 17011 (717) 730-9394 ~ '..:J" t: N '. M ,- r ;3~ ~' x: (..)~ u.. f OJ >-: ~:;.~ N ~~'9. It' I- 11'2 ll)tU rr u (')0:: c:> :~ ~ ..(I cl 0' .i :1. ',Jj 0: j " , , . .~ :~~ ;, L> ! 1 1 , t ~. .,("~ .:, ,.". "I ~>; ,../.; . ., " . ROBERT P. SPRINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 6597 CIVIL vs. MARGARET ANN SPRINGER, Defendant IN DIVORCE AND NOW, ORDER OF f!\URT this --' ~ day of 199B, the Master, having been infomed by counse for both parties by letters dated April 3, 199B, and March 1B, 199B, that the plaintiff, Robert P. springer, died on Friday, October lB. 1996, the appointment of the Master is vacated. BY THE COURT, ffer, P.J. cc: Michael J. Wilson Attorney for Plaintiff Keith B. DeArmond Attorney for Defendant _ ~ ~''':{)tJ ,+//'1-/'11- ,J,f. /:1 r"': " roo' " , " " , d .,., .,. , I I I ,'. 1- ~ ! ... !. ( , 'J ')'. .1 , I: ~ :, ,".f. . r.... .. . stZl (717) 774-7018 (717) 774-7019 Fax Mlohael J, WU$on Attorney at'Lhw 818 Derby Avenue Camp Hili. PA 17011.8387 April 3, 1998 E. Robert Elicker II 9 North Hanovcr Strcet Carlisle P A 17013 Rc: Estate of Robert Paul Springer Filc Numbcr 2196.Q870 Dear Allomcy Elickcr: In response to our carlicr tclcphonc convcrsations, 1 am writing to confirm that my clicnt, Robert P. Springcr, dicd on Octobcr 18, 1996. His residcncc at dcath was in Cumberland County and an estatc was opencd in thc Rcgistcr of Wills undcr the number captioncd above. Tcchnically, it is still opcn and you can revicw it for any furthcr information you may necd. Obviously, his uncxpccted dcath has rcndcrcd moot all divorcc procccdings pcnding at thattimc, If) can assist you funher please call. v cry truly yours, II A/tI..I Michael J, Wilson cc: Brock R. Springer, Exccutor elicker,l . 11)e- rQ/!,I/INtd ~,11?& ((;M,l/Nul ATTOI1NEYS AT lAW 2800 MAflKET STI1EET CAMP Hill, PENNSYLVANIA \70\\ KEITH B, DoAI1MOND TELEPHONE: 11171 730.0304 FACSIMilE: 1717) 730,2166 March 18, 1998 Attn: Tracy Office of the Divorce Master 9 North Hanover Street Carlisle, P A 17013 Re: Springer v, Springer No. 94-6497 Dear Tracy: Pursuant to your request I have looked through my file to obtain a copy of an obituary or other documentation to indicate that Mr. Springer is indeed deceased. I have been unable to locate any documents of this type; however, Mr. Springer's estate was handled by Michael J, Wilson, Esq" whose last known address is Laws, Staruch & Pisarcik, 20 Erford Road, Suite 305, Lemoyne, Pennsylvania 17043. I am enclosing a copy ofa time-stamped status report of Mr. Springer's estate which was filed on July 18, 1997. In can be ofany further assistance, please do not hesitate to call me. Very truly yours, DeArmond & DeArmond 4:~ Keith B. DeArmond~ KBDltmw enclosure JACKIE J. DoAflMONO , ., .. i COUNTY OF CUMBERLAND ", ,', F REGISTER OF WILLS '9/1JL JI-"t I : :0 STATUS REPORT UNDER RULE 6.12 ell., Cur,' Name of Decedent: Roben Paul Springer Date ofDeath: October 18, 1996 File No.: 1996-00870 PA File No.: 2196-0870 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I repon the following with respect to completion of the administration of the above captioned Estate: I. State whether the administration of the Estate is complete: Yes _ No.JL 2, If the answer is No, state when the personal representative reasonably believes that the administration will be complete: On or before AUl!Ust 3 J. 1997. 3. N/A Dated: July 18, 1997 . ~.../!:: tv> Michael J, Wilson, Esq. Laws Staruch & Pisarcik 20 Erford Road, Suite 305 Lemoyne PA 170'13 (717)975-0600 r~. Counsel for Personal Representative