HomeMy WebLinkAbout95-01096
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JEFFREY R. RIDER,
plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION-LAW
: NO. 95-1096 CIVIL TERM
: IN DIVORCE AND
: EQUITABLE DISTRIBUTION
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BARBARA A. RIDER,
Defendant
EOUITABLE DISTRIBUTION ORDER
AND NOW, this ,-,"9 day of A".jlAff , 1997, after a hearing
before the Divorce Master on the matter, and no exceptions having
been filed by either party, the Master's recommendations
regarding the equitable distribution of the parties'
marital property is approved by this court and made an Order as
follows:
A. The marital debt shall be distributed and assigned in the
following manner:
1. The back rent owed to David and Susan Eichelberger
shall bo paid with each party being liable for one-half (1/2) of
the amount of said rent.
2. Jeffrey Rider shall become solely responsible for, and
shall indemnify and hold harmless Barbara Rider for the
following:
a) the existing balance of the preis Consumer
Discount company debt;
b) the existing balance of the Transact Health
systems debt of $245.00 which represented costs incurred for his
own medical treatment.
3. Barbara Rider shall be solely responsible for, and
shall indemnify and hold harmless Jeffrey Rider for the
following:
a) the debt of approximately $1,900.00, owed to the
Holy Spirit Hospital for the children's medical care;
b) the debt of $80,00 owed to her mother; and
c) the debt of $375,00 owed to Transact Health
systems for the children's medical treatment.
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B) The parties' personal property shall be distributed in the
following mannerl
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1, Jeffrey Rider shall be entitled to his Navy memorabilia
and any remaining tools in the possession of Barbara Rider,
2, Barbara Rider shall retain possession of the heirloom
crib and rocking horse,
3, The title to the 1963 Ford LTD Crown Victoria station
wagon which was previously signed over to Barbara Rider and shall
be and remain her sole and separate property.
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4. All other tangible personal property in the marital
residence has been distributed and has become the separate
property of the party in possession. All claims of either party
to said property is relinquished.
C) Each party will keep his or her pension benefits free of any
olaims by the other party,
D) Jeffrey Rider shall designate and name his minor children,
Paul R. Rider and Joseph F, Rider, as beneficiaries on his life
insurance policy and his pension until such time as they both
have attained the age of 16 years.
E) Jeffrey Rider shall provide Barbara Rider documentation
within thirty (30) days of a final order showing that he has
designated his children as beneficiaries as provided.
By the Court,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JEFFREY R. RIDER
Plaintiff
vs.
No. 95-1096
BARBARA A. RIDER
Defendant
Civil - Divorce 1995
PRAECIPE
To The Prothonotary:
It appearing that the Master's report in the above stated
case has been filed for ten days, that no exceptions have been
filed thereto, that the costs have been fully paid and that all
the requirements of law and ~ules of Court have been met, you are
hereby directed to submit the said case to the Court of Common
Pleas of Cumberland county, pa., at he nex s tting thereof.
Dated
1-
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I, 57(0 LofM a f', l.6!~ Prothonotary of
the Cour~of Common Pleas of Cumberland County, do hereby certify
that the costs in the above stated case, have all been paid,
inclUding the Master's fee.
LL~O~_ ,f) n1tllllWlnn , ,~-tt
Prothonotary.
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,
JEFFREY R. RIDER
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-1096
v.
BARBARA A. RIDER
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
I, Tina Moukou1i~, certified Legal Intern, Family Law Clinic,
hereby certify that I am ~erving a copy of the Praecipe instructing
the Divorce Master to submit the above-captioned case to the
Prothonotary on the plaintiff, Jeffrey R. Rider, residing at 967
West Trind1e Road, Mechanicsburg, pennsylvania 17055, by first
class United States mail, postage prepaid, this 29th day of July,
1997.
na Moukou
rtified Legal Intern
FAMILY LAW CLINIC
45 North pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
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JEFFREY R. RIDER, IN THE COURT OF COMMON PLEAS OF I
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 95 - 1096 CIVIL I
BARBARA A, RIDER,
Defendant IN DIVORCE
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Proceedings held before
E, Robert Elicker, II, Divorce Master
Cumberland County Courthouse,
9 North Hanover street, Carlisle, pennsylvania
proceedings held on May 16, 1997,
commencing at 9:00 a.m.
APPEARANCES:
Jeffrey R. Rider
Pro Se
Shannon S. piergallini and Thomas M. Place
Family Law Clinic
Attorneys for Defendant
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THE MASTER: Today is Friday, May 16, 1997. This
is the date set for a Master's hearing in the above captioned
case. Present in the hearing room are the Defendant, Barbara A.
Rider and her counsel Shannon S, Piergallini, Certified Legal
Intern and attorney Thomas M. Place, both from the Family Law
Clinic associated with the Dickinson School of Law. Counsel for
Mrs, Rider have provided an approval for appearance wherein ~he
Defendant consents to her representation by Mr. Place and Ms.
Piergallini, the certified Legal Intern. The consent and
approval will be made part of the record.
This action was initiated by Jeffrey R. Rider by
the filing of a divorce complaint on March 2, 1995, raising
grounds for divorce of irretrievable breakdown of the marriage.
Mr. Rider previously had counsel who have withdrawn from the
case and an order was entered on April 9, 1997, allowing the
firm of Fenstermacher & Associates to withdraw as Plaintiff's
counsel. Mr. Rider was notified about a pre-hearing conference
which was scheduled for April 11, 1997, and he did not appear
for the conference nor did any counsel appear on his behalf. At
the conference the Master prepared a pre-hearing conference
memorandum and sent a copy to Mr. Rider. Mr. Rider was also
sent a notice of today's hearing, Both the memorandum and the
notice were sent by regular mail through the United States
Postal Service. Themail that was sent has not been returned
from the post office. The address that we used to send the
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memorandum and hearing notice to Mr. Rider was 967 West Trindle
Road, Lot 19, Mechanicsburg, Pennsylvania.
We have begun today's proceedings -- it is around
9:15 a.m. and Mr, Rider has not appeared so we are going to go
ahead with this case.
The record will show that a petition for equitable
distribution was filed on July 5, 1995, on behalf of the
Defendant, wife, so that the equitable distribution issue is
before the Master and the Court. Mr, Rider filed an affidavit
under Section 3301(d) of the Domestic Relations Code averring
that the parties separated on August 30, 1994. No
counter-affidavit has been filed in response to that affidavit
so the Defendant apparently is in agreement with the stated date
of separation and is in a position to conclude the divorce based
on the affidavit that was filed by the Plaintiff. The divorce
will be concluded/ therefore, under section 3301(d) of the
Domestic Relations Code and the Defendant will be required to
file a notice of intention to request entry of a divorce decree,
At the Master's request counsel for Mrs. Rider
prepared a memorandum dealing with the issue of the Master's
authority to distribute debt inasmuch as this case involves a
lot of debt which requires allocation as opposed to assets which
require distribution. There are a few assets which will be
addressed as we go along. But as the case has unfolded, there
appears to be substantial marital debt which needs to be
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allocated between the parties. The Master has noted previously,
and will note on the record today, that he is not able to bind
the creditors to accept any specific allocation of the debts but
the Court can enter an order requiring the parties to pay the
debt as allocated.
Mr. Rider did file a pre-t~ia1 statement on January
13, 1997, as required by a directive of the Master. At that
time he was represented by John R. Beinhaur, Esquire.
Paragraph 8 of the pre-trial statement sets forth
an extensive proposal to resolve the economic issues in this
case and the Master has been advised that Mrs. Rider is in
agreement with the proposal of her husband to resolve this case
with the exception of two items of tangible personal property,
which are set forth in Paragraph 8(G) of the proposal of Mr.
Rider.
Inasmuch as Mrs. Rider accepts in a substantial
part the proposal of her husband to resolve this case, we are
going to take some testimony from Mrs. Rider regarding her
acceptance of this proposal and then the Master will make a
recommendation incorporating Mr, Rider's proposal of settlement
with the exception of the two items of tangible personal
property which Mrs, Rider will testifY about and which the
Master will make specific recommendations about, contrary to the
proposal, The recommendation of the Master on those two items
will be based on the testimony of wife, Wife will also testify
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as to her knowledge of her husband's address and any other
relevant matters regarding the proposal which will be made part
of the record and will be accepted as the Master's
recommendations.
The Master will file a report incorporating the
proposal and the testimony of wife and both parties will have
ten (10) days from the date of mailing to file exceptions to the
report. If no exceptions are filed, then either of the parties
can request that the court accept the Master's recommendations
and enter an order in accordance with those recommendations.
The Court can also, upon the proper notice of intention to
request entry of divorce decree being filed, enter a divorce
decree based on the Plaintiff's affidavit averring a separation
in excess of two years.
CONCLUSION OF LAW
The parties have been separated for a period in
excess of two years, since August 30, 1994, and therefore, are
entitled to a divorce under section 3301(d) of the Domestic
Relations Code. The Plaintiff has filed an affidavit on
November 26, 1996, averring the two year separation, and the
Defendant has not raised any objection to the affidavit and has
not filed a counter-affidavit,
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A
RECOMMENDATIONS
EQUITABLE DISTRIBUTION
1, The back rent owed to the Eichelbergers shall be paid
with each party being liable for 1/2 of the amount of
said rent,
2. Husband shall pay the balance of the Preis Consumer
Discount Company debt,
3. Husband shall pay the balance of the Transact debt of
$245.00 which represented costs incurred for his own
medical treatment.
4. Wife shall pay approximately $1,900.00 to the Holy Spirit
Hospital for the children's medical care, $80.00 owed to
her mother, and $375.00 owed to Transact for the
children's medical treatment.
5. Each party will keep his or her pension benefits free of
any claims by the other party.
6. Husband shall be entitled to receive any remaining
tools in the possession of wife and his Navy
memorabilia.
The heirloom crib and rocking horse will remain with
wife.
All other tangible personal property in the marital
residence has been distributed and all claims of either
party to said property is relinquished.
7. The title to the 1983 Ford LTD Crown Victoria station
wagon was previously signed over to wife and shall be and
remain her sole and separate property.
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8. Husband shall designate and name his minor children, Paul
R. Rider and Joseph F. Rider as beneificaries on his life
insurance and his pension until such time as they both
have attained the age of 18 years.
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Husband shall provide wife documentation within thirty
(30) days of a final order showing that he has designated
his children as beneficiaries as provided,
Respectfully submitted,
catJ-j;,k
E. Robert Elicker, II
Divorce Master
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Whereupon,
BARBARA A. RIDER
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having been called as a witness, testified as follows:
DIRECT EXAMINATION
BY MS. PIERGALLINI:
Q Would you please state your full name?
A Barbara Ann Krout Rider,
Q And where do you live?
A 301-A North Market street, MechaniQsburg,
pennsylvania.
Q To the best of your knowledge, does Jeffrey Rider
live at 967 West Trindle Road, Lot 19, Mechanicsburg,
Pennsylvania?
A Yes.
Q How do you know where Mr. Rider lives?
A He's given me his address and the children have
pointed it out to me in passing,
Q And are you in agreement with the pre-trial
proposal that Mr. Rider sent on January 10th, 1997?
A Yes.
Q Okay. I'm going to go through it specifically
with you,
A Okay.
Q Mr. Rider proposed that each of you be
responsible to pay 1/2 of the back rent to Susan and David
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Eichelberger?
A 'les.
Q 'Iou agree with that?
A 'les.
Q Mr. Rider proposes that he will pay the balance
of the Preis Consumer Discount company debt, are you agreeable
with that?
A '(es.
Q Mr. Rider proposes to pay the Transact balance of
$245.00 which was for his own medical treatment, are you in
agreement with that?
A 'les.
Q Mr. Rider proposes that you will take
responsibility for the balance owed to the Holy Spirit Hospital
and to Transact for the medical treatment of your children,
Joseph and Paul Rider, is that agreeable to you?
A 'les,
Q Mr. Rider proposes that he keep his pension
benefits and that you keep your pension benefits if you accrue
any; is that agreeable to you?
A 'les.
Q Mr. Rider proposes that he shall keep any
remaining tools, his Navy memorabilia, his heirloom crib, and
his rOCking horse, are you agreeable with that?
A No.
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Q Okay. Are you agreeable to him keeping his
tools?
A
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memorabilia?
A
Q
Yes.
Are you agreeable to giving him his Navy
Yes.
Are you agreeable to giving him the heirloom
crib?
A No.
Q Could you please tell me why?
A It was given to us for our children to sleep in.
My fear is that if it is given to Jeff he would probably sell
it. I've always told him that I would keep the crib around for
my grandchildren and that's what I intend to do.
Q Are you agreeable to giving Mr. Rider the rocking
horse?
A No.
Q Could you please tell me why'!
A My concern there again is that he would get rid
of it or sell it. It was given to our son on his second
birthday and I would like to keep it for him.
Q Has all of the other property been distributed --
all of the other personal property -- that you had in your home
when you and Mr, Rider separated?
A Yes.
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Q YoU have split all of that up?
A He's been given what he's asked for.
Q Okay. Has Mr. Rider turned over the 19B3 Ford
LTD Crown Victoria station wagon to you?
A Yes.
Q And finally, Mr. Rider proposes that he will
make Paul Rider and Joseph Rider, your sons, beneficiaries of
his life insurance and pension plan until they reach the age of
lB, are you agreeable with that?
A Yes.
MS. PIERGALLINI: That's all.
THE MASTER: Do you accept the date of separation
as August 30, 1994?
THE WITNESS: Yes; that's close enough.
THE MASTER: DO you have any knowlege of why Mr.
Rider has not appeared here today?
THE WITNESS: No, I don't.
THE MASTER: You haven't spoken to him?
THE WITNESS: No.
BY THE MASTER:
Q
A
Q
Do you have any contact with him at all?
No. He thinks I'm -- well I won't say.
When was the last time you had any contact with
him?
A December 26 when our son left on a trip.
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Q
which was 19961
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Yes.
Q You haven't heard from him or had any contact
with him since the end of 19961
A No.
THE MASTER: All right.
(A discussion was held off the record.)
(Whereupon, Court was adjourned
at 9:26 a.m)
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NOTICE TO DEFEND AND CLAIM RIGHTS
, YOU HAVE BEEN SUED IN COURT, If you wish to defend
against the claims set forth in the fOllowing pages, you must take
prompt action, You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered
against you for any claim of 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,
'! '; I ' 'When the grounds 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 Cumberland County Courthouse,
,High and Hanover Streets, Carlisle, pennsylvania 17013.
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IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR ANNULMEN'r
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.
THE CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
Court Administrator
Cumberland County Courthouse
4th Floor
-!H:qh=aud--Hal.eI, elL ~at.s I Ct.-U,{_^ Il..tl \"-c S'iI.
CarliSle, PA 17013 U
(717) 240-6200
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JEFFREY R. RIDER, IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
P laintif f, I
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v. . NO. 1-9-9-5-
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BARBARA A, RIDER, CIVIL ACTION - LAW
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Defendant, I IN DIVORCE
COMPLAINT UNDER THE PENNSYLVANIA DIVORCE CODE
AND NOW, comes the Plaintiff, Jeffrey R. Rider, by his
'attorney, The Offices of Fenstermacher and Associates, and files
the within Complaint against the Defendant, averring as followsl
Under 23 Pa. C,S.A, Section 3301(c) - Mutual Consent
1. Plaintiff is Jeffrey R. Rider, an adult individual
1:';
who currently resides at 119 West Main Street, #2, Mechanicsburg,
Cumberland County, Pennsylvania 17055. Plaintiff has lived at said
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address since August of 1994,
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who currently resides at 301 North Market Street, Apartment A,
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Mechanicsburg, Cumberland County, Pennsylvania 17055. Defendant
2.
Defendant is Barbara A. Rider, an adult individual
has lived at such address for at least seven (7) years.
3. Plaintiff and Defendant have been bona fide residents
of the Commonwealth of Pennsylvania for at least six months
immediately previous to the filing of this Complaint,
4, Plaintiff and Defendant were married on June 5, 1975
in Mechanicsburg, Cumberland County, pennsylvania.
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5. There have been no prior actions of divorce or for
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I' annulment between the parties,
6. Plaintiff has been advised of the availability of
counseling and understands that he may have the right to request
that the Court require the parties to participate in counseling,
7, The marriage is irretrievably broken.
WHEREFORE, Plaintiff requests this Honorable Court to
enter a Decree of Divorce pursuant to 23 Pa,C,S.A. S 330l(c) of the
Pennsylvania Divorce Code,
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES
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By:
Jo
Su reme Court ID No, 55631
5232 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
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tcia~ed: MA-llcYIl I , 1995
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VERIFICATION
I, Jeffrey R. Rider, have read the foregoing Complaint
and hereby affirm and verify that it is true and correct to the
best of my personal knowledge, information and belief. I verify
that all of the statements made in the foregoing are true and
correct and that false statements made therein may subject me to
the penalties of 18 Pa,C,S.A, Section 4904, relating to unsworn
falsification to authorities.
; DATE:
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CERTIFICATE OF SERVICE
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AND NOW, this (
day of A'I nfJ/? II, 1995, I, John R,
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, Beinhaur, hereby certify that I have served the foregoing Complaint
in Divorce by mailing a true and correct copy by United States
. I .
,! ,~irst class mail, certified mail return receipt requested, postage
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Ms, Barbara A. Rider
301 North Market Street
Apartment A
Mechanicsburg, PA 17055
FENSTERMACHER AND ASSOCIATES
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BYI fllUlt~(9~
Jo R, Beinhau
Supreme Court 10. No. 55631
5232 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
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JEFFREY R, RIDER,
PlainU if
HI TIlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, I'ENNSYLV AN lA
v,
NO. 95-10'36
BARBARA A, R !DER,
Defenrlnnt
CIVIL ACTION - LAW
IN DIVORCE
JlI.A I NTn'F' B AFFlI)A V IT UNIlEIl
SECTIUN ;1:1011<1) OF Tim IHvmlCE l:OIn.;
1. ThE' p"rUes to this aclion l3epfll'uted on August :::Jill, 1994
and have continued to live separate and apart for a period of at
least tvo years,
2. The marrioge is irretrievably broken,
3, I understand that I may lose rights concerning alimony,
division of propprty, lavyp.ro' fePEI or e:<penses if 1 do not claim
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them before a divorce is granted.
I verify that the stotp.mpnts mode in this Affidavit are true
and correct.
I understand thnt false statements herein ore made
subject to the penalties of 18 Pa,C,S. &4904 relating to unsvorn
falsification to authorities.
Date- I arL..Ngw._'1,1/-
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67 'sl Tr.ln lIe- Rond, Lot 19
Mpc'hanicohuru, :',\ 17(~5:j
( '71'1) C.'ll -78,1',
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I, Jeffrey R. Rider, do certify that a true and correct copy
of the Plaintiff's Affidavit has been placnd in the United States
mail, firat claell3, pl'epaid, on thill a&- ddY 01 Novamber 1996 tOI
Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
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'7 e t Trindle Rd., Lot 19
Mechanicsburg, PA 17055
(717) 691-7847
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JEFFR~Y R. RIDER,
VI.
In lbo Court of Common Pleas of
Cumberland County, PODDlytvanla
No,---~2-Q2.~----- Civil 19::"
CIVIL ACTION - LAW
------------------------------------------
PLAINTIFF
BARBARA RIDER,
------------------------------------------
---..--------.-------------..-----------
DEFENDANT
IN DIVORCE
------------------------------------------
----..--....----------..-....-----
PRAECIPE TO ENTER APPEARANCE
-----------..-----------------------------------------------
Please enter the appearance of the Family Law Clinic on
--------------------------------------------------------------------------------------------------------------'.--
behalf of the Defendant, Barbara Rider, in the above-captioned
---------------------------------------------------------------------------------------------------------------------
matter.
------------------------------------------------------------------------------------..--
----------------------------------------------------------------------------------------------------------------------
To
Lawrence E. Welker
Prothonotary
19_
-----------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------
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T ontas L. Pe'ele.!upervising Ally
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Tina Simpson Student Atly for Defendant
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No. 95-1096 Civil Term. 1995
Jeffrey R. Rider, Plaintiff
VB,
Barbara Rider, Defendant
PRAECIPE
Filed
Tina Simpson
19
StudcnlAlly
Thomas L. Peeler
Supervising Ally
The Family Law Clinic
45 North Pilt Street
Carlisle, PA 17013
717/240-5204
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JEFFREY R. RIDER,
Plaintiff
BARBARA A, RIDER,
Defendant
NO. 95-1096 CIVIL TERM
AND NOW, this l~~ day of March, 1997, upon consideration of
the Motion to Withdraw as Counsel for Plaintiff, filed by Mark K.
Emery, Esq., a Rule is hereby ISSUED upon the Plaintiff and
Defendant to show cause why the relief requested should not be
granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
Mark K. Emery, Esq.
5232 East Trindle Road
Mechanicsburg, PA 17055
Attorney for,Plaintiff ,;..;
Jeffrey R. Rider Iff ;,JJ-~
976 West Trindle Road 'Y'oJ )\1
Lot No. 19 \">
Mechanicsburg, PA 17055 ~~ ~
Plaintiff ,
Barbara A. Rider
301 North Market Street
Apartment A
Mechanicsburg, PA 17055
Defendant
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JEFFREY R. RIDER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
NO, 95-1096 Civil Term
v,
BARBARA A. RIDER,
Defendant
IN DIVORCE
ORDER
AND NOW this
day of March, 1997, upon
consideration of the Motion to Withdraw as Counsel for Plaintiff,
it is hereby ORDERED that the firm of Fenstermacher and
Associates is granted leave to withdraw as counsel for Plaintiff.
BY THE COURT
J.
Distribution:
Fenstermacher and Associates (ATTN Mark K. Emery, Esquire)
Jeffrey R. Rider
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JEFFREY R, RIDER,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-1096 Civil Term
v,
BARBARA A. RIDER,
Defendant
IN DIVORCE
MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF
AND NOW, comes the firm of Fenstermacher and Associates
and files this Motion to Withdraw as counsel for Plaintiff
Jeffrey R. Rider, as follows:
1, The firm of Fenstermacher and Associates has
represented the Plaintiff Jeffrey R, Rider in the matter since in
or about February, 1995,
2, On March 4, 1997 Plaintiff advised Fenstermacher
and Associates that he no longer desired their representation
(See Exhibit "A" attached hereto),
3. On such date Plaintiff was advised by Fenstermacher
and Associates that they would file the necessary documents to
withdraw as counsel for him, and Plaintiff consented to such act.
(Id, )
4, On such date Plaintl~f obtained his case file and
all documents contained therein. (rg.)
5. Pursuant to the Rule of Professional Conduc~
1.16(a)(3), the firm of Fenstermacher and Associates is required
to withdraw as counsel for Plaintiff,
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6. Plaintiff has not indicated whether, or when, he
will retain other counsel to represent him in this matter,
WHEREFORE, the firm of Fenstermacher and Associates
respectfully requests this Honorable Court grant leave to
withdraw as counsel for plaintiff Jeffrey R, Rider.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES
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By: Ma.t'k- ~. /E~r'}r/ .:> -, :!. ,/-z.-=-
supreme Court 1.0, #72787
5232 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Plaintiff
DATED: March 7, 1997
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CERTIFICAT3 OF SERVICE
ANO NOW, this 7th day of March, 1997, I, Mark K, Emery
hereby certify that I have served the foregoing Motion to
withdraw as Counsel by mailing a true and correct copy by United
States first class mail, postage prepaid, addressed as follows:
Mr, Jeffrey R, Rider
976 West Trindle Road Lot No. 19
,Mechanicsburg, Ph 17055
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By: /";1/ /__~>~ -"> .--?/"~
Mark K. Emery, Esquire
supreme Court 10 72787
Fenstermacher and Associates
5232 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
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; I, JeffL'ey R. Rider:, h(~rl!by state that I no longer
desire the firm of Fenstn!'lllflcho[' and A::lzClcilltes to represent me
in the matter of Rider v, Rider, docket number 95-1096 in the
Court of cqmmon pleas of ClIJII!J()r)and County, pennsylvania, or any
other lega1 matter, I lInclerGt,lnd that ~'enstf!rmacher and
Associates will be withdrilwing their nppoarance as counsel in
this matter, and I conoont to slIch withdraw, on this date I have
obtained the file maintained by Funstnrmilcher ilnd Associates for
this cause of action.
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 - 1096 CIVIL
JEFFREY R. RIDER,
Plaintiff
BARBARA A. RIDER,
Defendant,
IN DIVORCE
Notice of Filinq Master's Report
The report of the Master has been filed this date and
copies have been sent with this notice to counsel of record and
the parties.
In accordance with P.R.C.P 1920.55 within ten (10) days
after the mailing of this notice and report exceptions may be
filed to the report by any party. If no exceptions are filed
within the ten (10) day pertod, the Court shall receive the
report, and if approved, shall enter a final decree in
accordance with the recommendations contained in the report.
{~IEL~
Date: 5/19/97
E. Robert Elicker, II
Divorce Master
Note: If exceptions are filed, file the original with the
Prothonotary and a copy with the Master's office, At
that time, the party filing the exceptions should notify
the court reporter in the Master's office so arrangements
can be made for a transcript. Upon completion of the
transcript and receipt of payment the entire file will be
returned to the prothonotary's office for transmittal to
the Court at time of argument on the exceptions.
If no exceptions are filed, counsel shall prepare an
order of Court consistent with the recommendations and
provide a proposed order of Court to the Master.
,
Counsel shall also prepare and provide with the proposed
order of Court a praecipe. to the Prothonotary directing
the Prothonotary to submit the case to the Court for
final disposition. The Master will then transfer the
file with the proposed order of Court and praecipe to the
Prothonotary's Office for docketing and transmittal by
the prothonotary to the Court.
* Form available in the prothonotary's Office and the
Master's Office. (Not the praecipe to transmit the
record form as sot out in P,R.C,P, 1920.73(b).)
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JEFFREY R. RIDER,
Plain tif f
rN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS,
BARBARA A. RIDER,
Defendant
CIVIL ACTION - LAW
NO. 95-1096
19
CIVIL
IN DIVORCE
s'rA'rUS SHEE'r
DATE:
ACTIVITIES:
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240,6535
E. Robert Elicker, II
Divorce Master
Tracl Jo Colyer
Office Manager/Reporter
West Shore
697,0371 Exl.6535
December 17, 1996
stephen A. Metz,
certified Legal Intern
Gail R. Shearer, Staff
Staff Attorney
FAMILY LAW CLINIC
45 North pitt street
Carlisle, PA 17013
RE: Jeffrey R. Rlder vs. Barbara A. Rider
No. 95 - 1096 civil
In Divorce
John R. Beinhaur, Esquire
FENSTERMACHER & ASSOCIATES
5332 East Trindle Road
Mechanicsburg, PA 17055
Dear Mr. Beinhaur, Mr. Metz, and Ms. Shearer:
By order of Court of president Judge Harold E. Sheely
dated December 10, 1996, the full-time Master has been appointed
in the above referenced divorce proceedings.
A divorce complaint was filed on March 2, 1995, raising
grounds for divorce of irretrievable breakdown of the marriage.
An affidavit under section 330,1 (d) was filed on November 26,
1996, averring that the parties separated on August 30, 1994, a
period of at least two years. Therefore, grounds for divorce
are not an issue.
A petition for equitable distribution was filed on July
5, 1995, raising the economic claim of equitable distribution.
No claims for alimony or counsel fees and costs have been raised
by either party,
In accordance with P.R.C.P. 1920.33(b) I am directing
each counsel to file a pre-trial statement on or before Friday,
January 10, 1997. Upon receipt of the pre-trial statements I
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Mr. Beinhaur, Mr. Metz, and Ms. Shearer, Attorneys at Law
17 December 1996
Page 2
will immediately schedule a pre-hearing conference with counsel
to discuss the issues and, if necessary, schedule a hearing.
Very truly yours
E. Robert Elicker, II
Divorce Master
NOTE: Sanctions for failure to file 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.
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NOTICE OF PRE-HEARING CONFERENCE
TO: John R, Beinhaur
, counsel for plaintiff
, counsel for Defendant
, certified Legal Intern
Katherine C, pearson
Shannon S. piergallini
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover street, Carlisle,
pennsylvania, on the 11th day of April, 1997, at 9:30 a.m., at
which time we will review the pre-trial statements previouslY
filed by counsel, define issues, identify witnesses, explore the
possibility of settlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 1/16/97
E. Robert Elicker, II
Divorce Master
"
"
vs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95 - 1096 CIVIL
i.1
JEFFREY R. RIDER,
Plaintiff
BARBARA A. RIDER,
Defendant IN DIVORCE
RE: Pre-Hearing Conference Memorandum
DATE: Friday, April 11, 1997
The Plaintiff, Jeffrey R. Rider did not appear
today for the scheduled pre-hearing conference. He is
represented by the law firm Fenstermacher & Associates who filed
a motion to withdraw as counsel with the court. On March 13,
1997, a rule to show cause was issued by Judge Oler as to why
the request to withdraw should not be granted. To date,
however, we do not have an order making the motion absolute and
an order allowing the firm of Fenstermacher & Associates to
withdraw. Therefore, technically they are still in the case but
nobody from the firm appeared today. Present for the Defendant,
Barbara A. Rider, is Shannon S. piergallini and Thomas M, Place
of the Family Law Clinic,
A divorce complaint was filed on March 2, 1995,
raising grounds for divorce of irretrievable breakdown of the
marriage. On November 26, 1996, the Plaintiff filed an
affidavit under section 3301(d) of the Domestic Relations Code
averring that the parties separated on August 30, 1994,
The parties were married on June 5, 1975, and
separated August 30, 1994. They are the natural parents of two
children, Paul, born July 31, 1980, and Joseph, born September
9, 191\2.
Both parties are employed but have modest incomes.
They have accumulated a large amount of debt Which seems to be
the main subject of these proceedings as opposed to the
distribution of any assets that they have acquired, The summary
of the debt is set out in the pre-trial statement of the
Defendant who proposes in her resolution of the case an
allocation of the debt specificallY set forth in Paragraph 11
providing that each of the parties be responsible for the
payment of debt to certain specified creditors.
It appears that as of this point that neither of
the parties has any interest in filing for bankruptcy to
discharge the debt, The Master has discussed with counsel today
~
the effectiveness of any recommendations which he might make in
this case because of the inability of the Master or the Court to
specificallY bind any creditors to accepting an allocation of
the debt, The Master has requested that counsel for wife
prepare, for the hearing, a memorandum addressing whether or not
the Master, under the provisions of the Divorce Code, which
deals with equitable distribution, has the authority to deal
mainly with debt issues and allocation of debt. It appears as
if the code specifically deals with assets as opposed to debt.
In any event, the Master is going to proceed with an attempt to
try to get this case resolved for the benefit of the parties and
is going to schedule a hearing so that the parties can come
together in an effort to try to work this out or in the
alternative present testimony so that the Master can make some
findings and recommendations, assuming that he is satisfied that
the Divorce Code allows him to proceed on the basis of
allocating debt only.
Husband is 42 years of age and resides at 967 West
Trindle Road, Lot 19, Mechanicsburg, Pennsylvania, and wife
resides at 301 North Market street, Apartment A, Mechanicsburg,
Pennsylvania. Wife resides with the two children who have some
medical problems. The older child is receiving ,SSI and the
younger child has made an application for 88I.
The divorce complaint did not raise any economic
claims; however, a petition for equitable distribution was filed
on behalf of the Defendant on July 5, 1995,
A copy of this memorandum will be sent to both
parties and to counsel, including the law firm of Fenstermacher
& Associates.
A hearing is scheduled for Friday, May 16, 1997, at
9:00 a.m, Notices of the hearing along with the memorandum will
be sent to counsel and the parties.
E. Robert Elicker, II
Divorce Master
To:
Jeffrey R. Rider
, Plaintiff
Counsel for Plaintiff
, Defendant
, Counsel for Defendant
------------
Barbara A, Rider
Shannon S, piergallini &
Thomas M. Place
You are directed to appear for a hearing to take
teotimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, pennsylvania, on the 16th
day of May , 1!13.2.. at 9:00 a ,m. at which place anel
time you will be given the opportunity to present witnesses and
exhibits in support of your case.
By the Court,
~~\5
Harold E. Sheely,
Date of Order and
Notice: 4/11/97
By:
Divorce Master
IF YOU no NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT ImERE YOU
CAN GET LEGAL HELP.
Court Administrator
Fourth Floor, East Wing
Cumberland county Courthou~~
Carlisle, PA 17013
Telephone (717) 240-6200
.
~upreme <1.Tourl of 'enn~-gI6n1tiu
~ibble ~illtricl
CHAALU W. JOHNS, IInUIAE
,nOTM)NOTAJty
JOAN L STI!:HOLAK, [SQUIRE
peru" ..ItOTHOHO'......,
May 21, 1996
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HAft" 'BUffCl, ..C.N~.'l'LlJ.NI4 1710.
171717."."8'
REOIstRAtION UNDER RULES 321 , 322
(PENNSYLVANIA BAR ADMISSION RULBS)
or ELIOIBLB LAW STUDENT
Shannon Pier9a1lini
213 S. Hanover st.
Carlisle, PA 17013
to THB llPPROVBD SUPERVISINO ATTORNEY I
Prof. Katharino pearaon, Tho~as Place, Robert Rains & Oail
Shearor, IlIq.
The Dlcklneon School of Law
ramily Law Clinlc
45 N. Pitt St,
Carli.le, PA 17013
The abovo-namod'r.w etudent haa boen approved and certified
under Pa. b,A.R, 321 & 322 bYI
HarVer A. Fold~on, A8sociate
The D cklnson School; of Law
150 South College Bt,
Carlls1e, PA 17013-2899
Dean
ae a duly enrolled law .tude~t who hoe compluted at least four (4)
s.maatara of logal atudioa, or the equivalont thoroot, is ot good
oharacter. hae bean adequately trained and is of compotent legal
ability to perform ae a legal intern.
Pur.uant to suoh certification and in accordance with and
eubjoct to the proviaiona of ra. B,A.n, 321 & 322, the above
etudent haa bean registerod and you have baen ap~roved to perform
the dutlaa of eupervhing attorriey a8 of OS/21/96,
WI~BBS'Dr eigaatur. and the a.al of
tble Court, May 21, 1"'.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO. 95-1096 CIVIL TERM
JEFFREY R, RIDER,
Plaintiff
BARBARA A, RIDER,
Defendant
IN DIVORCE AND
EQUITABLE DISTRIBUTION
CONSENT AND APPROVAL FOR APPEARANCE UNDER P.B.A.R. 322
I hereby consent to the appearance of Shannon S. Piergallini, a Certified Legal Intern
under the supervision of an attorney, in the above-entitled Equitable Distribution proceedinf
before the Divorce Master, E, Robert Elicker, II, at 9:00 a,m. on Friday,
May 16, 1997,
Date 51/& 1fT
I I
-AJaJti<t7 (j, rJJ~
Barbara A. Rider
As the supervising attorney for Shannon S, Piergallini, certified under P.B.A,R. 322,
I approve of her appearance on behalf of the above-named client in the above-named
proceeding,
Date 5/11177
~?11 pj-
T MAS M, PLACE
ROBERT E, RAINS
KATHERINE C. PEARSON
Supervising Attorney
GAIL R, SHEARER
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Strcet
Carlisle, PA 17013
(71)7243-2968
v,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION . LAW
: NO, 95.1096 CIVIL TERM
: IN DIVORCE
: EQUITABLE DISTRIBUTION
JEFFREY R, RIDER,
PLAINTIFF
BARBARA A. RIDER,
DeCendant
DEFENDANT'S PRE-TRIAL STATEMENT
AND NOW, comes the Defendant, Barbara A. Rider, by her ullorneys, the Family Law
Clinic, and presents this pre-trial statement as follows.
The plaintiff is Jeffrey Rider, hereinafter reCerred to as "Husband" and the defendant is
Barbara Rider, hereinafter referred to as "Wife", The ground for divorce in this matter is ~3301
(c). The sole issue beCore the Court is equitable distribution of marital property and debt, raised
by wiCe in a Petition filed July 5, 1995.
Other faets impOIlantlo this matter: The parties were married in 1975, thus making this
U marriage of long duration. Two children were born of this murriage, Puul Rider (DOB
7/31/80) and Joseph Rider (DOB 9/9/82). Wife hus always been, and eontinues to be, the
primary caretaker of these children, Both of these children have speeial needs. Paul receives
SSI benefits for his condition und wife hus instituted proceedings \0 obtain SSI benefits for
Joseph, An appeal is currently pending in Joseph's claim.
The parties were separated on two occnsions during the marriage. The first separation
1
was from Februury 1985 until September 1988. The seeond and finul separation began the first
week of September 1994,
The following information relates to this equitable distribution elaim:
I. ASSETS:
There are no assets involved in this cuse,
2, EXPERT WITNESSES:
Wife does not feel that any experts are necessury,
3. OTHER WITNESSES:
a. David and Susan Eichelberger of P,O. Box 397, Dillsburg, PA 17019,
These witnesses, if necessary, will give testimony regarding the amount of buck rent
owed to them, when it was incurred, and by whom it was incurred.
b. Vuughn Mayberry 01'318 West Allen Street, Mechanicsburg, PA 17055,
This witness, if necessary, will testify to the money she loaned to the parties and the
purpose of the loan.
Wife reserves the right to call any other witnesses who muy be relevant.
4, EXHIBITS:
a. Exhibit "A", uppended hereto, are two recent pay stubs of wife,
b, Exhibit "B", uppended hereto, is an affidavit of Susan Eichelberger,
c. Exhibit "C", .Ippended hereto, is a bill from Holy Spirit Hospital.
d, Exhibit "D", appended hereto, is a bill from Holy Spirit Hospital.
e. Exhibit "E", appended hereto, is a bill from Transact,
f, Exhibit "rn, appended hereto, is u collection letter from Members First Credit
Union.
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5, GROSS INCOME:
Wife Is employed by Avian and Feline Hospital In Camp Hill, Wife
works on a salary basis for $250,OO/week, From this. the following deductions are
taken: F,!.C,A, $19.25; Federal withholding $8,50; State $37,00; and Local $2,50.
Altached as Exhibit "A" are two recent pay stubs of defendant.
Wife receives $50,OO/week in ehild support from plaintiff.
Wife receives, on behulf of the parties' son, Paul Rider, u monthly SSI check
in the amount of $464,00.
Wife wi11 supply u copy of her 1996 ineome tux return, upon completion,
if relevant,
6. EXPENSES:
Wife does not intend to offer any testimony regarding her monthly
expenses, However, wife does reserve the right to offer testimony regarding
her puyment of uny of the marital debt described in puragraph ten,
7. PENSION AND INSURANCE:
Husband may have u pension with ihe Mechanicsburg Sehool District. All
information regarding this pension is with husband, ' ,
8, COUNSEL FEES:
There are no claims for counsel fees.
9, DISPUTED PERSONAL PROPERTY:
There are not any disputes regarding personal property.
10. MARITAL DEBTS:
a, Creditor: David and Susan Eichelberger,
Pumose of debt: Bark rent,
Date on which debt was inltiallv ineurred: This debt was incurred
sporndically from 1984-1994. However, $1300.00 of this debt is not maritul us
it was incurred by husband alone when he wus living in the upartment during
the parties' first marital separation from 1985-1988,
Total amount of debt at dute of seoarntion: $4776,50,
Puyments made sinee seouration: none.
Evidence in support of debt: Wife offers Exhibit "B" as Susan
Eichelberger's affidavit of the debt owed as of February 15, 1994. If disputed,
3
wife will offer testimony from Duvld or Susan Eichelberger of the umount
of the debt us of the dute of separation und the amount of the debt Incurred while
husband was living In the apurtmeot alone,
b. Creditor: Holy Spirit Hospital.
PUJ1lose of debt: The debt wus Incurred for the medical treatment of the
parties' son, Joseph Rider.
Date 00 which deht wus initiallv incurred: November 11, 1992,
Initial amount of debt: $1356,00,
Total umounl of debt at dale of sellaratiQ!]: $1356.00.
Pavments made since sellarution: Wife has paid $100,00,
Evidence in support of debt: Wife offers Exhibit "C", the bill from
Holy Spirit, as proof of the amount of this debt,
c, Creditor: Holy Spirit Hospital.
PUJ1lose of debt: The debt was Incurrcd for the medlealtreatment of the
parties' son, Paul Rider,
Date on which debt was Initlallv Incurred: Febnmry 25, 1993,
Initial umount of debt: $580,00.
Total amount of debt at dute of separation: $580,00,
Pavments made sincc senaratlon: none,
Evidence in support of debt: Wife offers Exhibit "0". the bill from
Holy Spirit, as proof of the amount of this debt.
d, Creditor: Arthur Kuslc. Collection allorney for Harrisburg Hospital.
PUJ1lose of debt: The debt was incurred for the medical treatment of the
parties' children.
Date on which debt was initiallv Incurred: The exact dute is unknown.
The debt wus Incurred during the marriage,
Initial amount of debt: $375,00,
Total amount of debt at date of separation: $375.00.
Payments mude since separation: Wife paid this debt in full In
Januury 1996,
Evidence in sunport of debt: If disputed, wife will huve availablc
adequate documentation of this debt. Wife is not in possession of such
doeumentation at this time,
e. Creditor: Transact.
Pumose of debt: The debt wus incurred for the medicaltreutment of the
4
partics' children,
Date on which debt was initiallv incurred: The exuet date is unknown.
The debt wus incurred during the murriuge,
Initiulamnllnt of debt: Unknown,
Totul amount of debt at date of separution: $400.00,
Payments made sinee separation: Wife hus paid $75,00,
Evidence in support of debt: Wife offers Exhibit "E". documentation
of the umount of the debt us of July 1995, If necessary, wife will also offer
documentation which will include the initial amount of the debt and the date it wus
incurred when such doeumentation becomes available,
1', Creditor: Transact,
Pumose of debt: The debt was incurred for the medicultreutment of
husbund,
Date on which debt was initially incurred: This information is unknown
to wife,
Initial amount of debt: This information is unknown to wife,
Total amount of debt at dute of sepurution: $245.00,
Puyments made since sepurntion: Wife hus not paid on this aecount
and docs not believe that husband has,
Evidence in support of debt: This information is in husband's possession,
g, Creditor: Members First,
Pumose of debt: Wife has recently been notified of this debt, She
does not reeall specifically what the debt was used for,
Date on which debt wus initially incurred: The debt wus incurred during
the marriage. Wife believes the debt must have been ineurred in the late 1970's,
Il11tial umount of debl: $370.00,
Total amount of debt ut dute of separation: $1146,05,
Pavments made sinee separation: Wife, after receiving notice of this
debt in December 1995, contacted the collection officer to negotiate payment.
At that time, they reduced the amount of interest thut had uccrued. and lowered
payoff umount to $755,00, Wife paid off this account in October 1996,
Evidence in support of this debt: Wife offers Exhibit "F", a letter
from the collection department at Members First.
h, Creditor: Vuughn Mayberry, wife's mother,
PUlJlose of debt: The purties' borrowed money from Ms, Muyberry in
order to repair their vehicle,
Dale on which debt wus initiallv incurred: August 1994,
Initial umounl of debt: $500,00,
5
Totnl nmount of deht at date of sepnration: $450,00,
Pnvments made since sepnrlltion: Wife hns pnid $370,00 on this debt,
Evidence in support of this debt: Vuughn Mayberry will testify to the
nmount of this debt nnd the circumstnnees surrounding it.
i. Creditor: Preis Consumer Discount Compnny.
Purpose of debt: Husband has nil inforrnntion regnrding this debt,
Dnte on which debt was initinllv incurred: Wife believes it wns the early
1990's,
Initinl amount of debt: This inforrnntion is unknown to wife,
Total amount of dehl at date of separation: This informntion is unknown
to wife, Her nnme was tnken off the note in June 1996, The bnlnnce at that time
wns $1900.00,
Payments mnde since sepnrlltion: This information is unknown to wife,
nlthough she hns been told thnt husband is paying regulnrly on this debt.
Evidence in support of this debt: No evidence of this debt is nvail!lble to
wife.
11. PROPOSED RESOLUTION:
Wife feels that the only equitable distribution issue is division of the mnritnl
debt,
For purposes of obtaining a prompt und final resolution of this cnse, wife proposes
to nccept responsibility for one-half ($2388,25) of the baek rent still owed, This includes
one-half of the amount incurred by husband ulone while the pnrties were sepnrated, even
though it is not maritul debt. Wife !llso proposes to take full responsibility for the debts
owed to Arthur Kusic ($375,00), to Members First ($755,00), to Trnnsact for the
children's medical treatment ($400,00). to Holy Spirit Hospital ($1936.00), nnd to her
mother ($450,00). In addition, wife will take responsibility for any continuing interest
on the above debts, In summnry, wife agrees to tnke responsibility for n tolnl of
$6304,25 in debt,
In return, wife expects husband to tuke responsibility for the remninlng debts
whieh include one.half of the bnck rent ($2388,25). the debt owed to Transact for
husband's own medicnl trentment ($245,00), the Preis lonn (exnct amount unknown). nnd
nny continuing interest on these debts, The totnl of the baek rent nnd Trunsnet bill are
$2633.25, Wife believes that the Preis debt is under $1900,00, Therefore, wife
proposes thnt husbllnd agree to be solely responsible for 1I totnl of npproximlltely
$4533,25,
Further. wife proposes that each party indemnify the other lIgainst non-payment
of the nssumed debt, This indemnity lIgreement shnll include costs and lI11orney's Ices,
6
If husbnnd does not agree to the foregoing proposal l'f wife on or before the dnte
of the pre-trial conference, wife withdrnws the proposed resolution and asks thnt all the
mnrital debt be allocated evenly between husbnnd nod wife,
Respectfully Submilled,
)1~~~ 2') RL4~
Shannon S. Piergallini
Certified Legnl Intern
'1J~ , . '" ,J"c.t------
KlI lerine C, Pearson
Supervising Attorney
FAMILY LAW CLINIC
45 North Pill Street
Cnrlisle, PA 17013
(717) 243-2968
Allorney for Defendant
7
, " ~...-=-::::::::::=::-- ,
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AVIAN AND FELINE HOSPITAL
DR, LINDA T, STERN
3510 TRINDLE ROAD
CAMP HILL, PA 17011
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AVIAN AND FELINE HOSPITAL
DR, LINDA T. STERN
3510 TRINDLE ROAD
CAMP HILL, PA 17011
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AT INV I N
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"EXHIBIT A"
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STREET: 3i)i.~ :-';ulli! :\[/IIt-el Si.
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FIRST NAME: nllr!.':tr:t
CITY: l\lcehauiesolu U
POST;\L CODE: 17055
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8 WE HATE TO KEEP 'J
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BUT YOUR BILL
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,
"EXHIBIT E"
:4"
Membersl.
FEDERAL CREDIT UNION
December 06, 1995
Barbara Rider
3019 Norht Market Street
Mechanicsburg, PA 17055
Re: Account '18428-09
Please be advised, despite our previous collection efforts,
your account payoff balance of .1,146,05 is past due, since
January 28, 1984, Ue have been unable to contact you by phone to
discuss your delinquency, Please make this payment at once, or
contact our office to make the proper arrangements, ~
If we do not hear from you we will expect your past due
payment in our office within ten days from the date of this
correspondence,
,I can be reached at (717) 697-1161 extension 240, or toll
free at 1-800-283-2328 extension 240. My hours are Monday
through Friday 8:00 a,m, to 4:30 p,m.
Sincerely,
Ned Picciotti
Collections Officer
~ I H/~,05
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3 ~5, 00
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Pr,ftJc.I'ple..
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.
"EXIlIBIT F"
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CERTIFICATE OF SERVICE
THE FAMILY LAW CLINIC
45 North Pill Street
Carlisle, PA 17013
(717) 243-2968
I, Shannon S, Piergullini, Certified Legal Intern, Family Law Clinic, hereby certify thut
I am serving the foregoing Defendant's Pre-Trial Statement on John R, Beinhuur, allorney for
Plaintiff, ut 5232 East Trindle Road, Mechunicsburg, PA 17055, Cumberland County,
Pennsylvania, by depositing a copy of the same in the United States muil, postage prepaid, this
10th day of Januury, 1996,
~\o;\\N~ ,0 ,5 Q~'i-\Ct.W
Shannon S, Piergallini \
Certified Legal Intern
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JEFFREY R, RIDER,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-1096 Civil Term
v,
BARBARA A, RIDER,
Defendant,
III DIVORCE
PRE-TRIAL STATEMENT UNDER PA. R,C,P. 1920,33
AND NOW, comes the Plaintiff Jeffrey R. Rider, by and
through his attorneys the Offices of Fenstermacher and Associates
and files this Pre-Trial Statement:
1. Marital Assets - Plaintiff Jeffrey R, Rider sets
forth, to his knowledge, information and belief, all marital
assets, their value, dace of valuation, if any available, whether
any portion of the value is non-marital, and any liens or
encumbrances thereon, in his Inventory attached and incorporated
herein. Any furthe~ valuation has noc been agreed upon between
the parties or Ordered by the Court.
2, plaintiff Jeffrey R, Rider does not intend to call
any experts at this time, If a determination is made to call an
expert, Plaintiff will provide all required information.
3, Plaintiff Jeffrey R. Rider does not intend to call
any witnesses at this time, If a determination is made co call a
witness, Plaintiff will provide all required information.
4. Plaintiff Jeffrey R, Rider does not intend at this
time to file any exhibits, If n dotermination is made to do so,
or if the Court requires, Plaintiff will provide all required
information.
S, Plaintiff's Gross Income - Plaintiff's Income and
Expense Statement is attached and incorporated herein,
6. plaintiff's Pension Benefits have been requested
and will be supplied to the Court by Plaintiff when received,
7. List of all Marital Dabts - A list of the known
Marital Debts is contained in plaintiff's Inventory and attached
and incorporated herein,
8, plaintiff's proposed resolutions of the economic
issues.
plaintiff Jeffrey R. Rider proposes the following:
A. After determining and agreeing upon the amoount of
actual back rent owing to Eichelbergers, each party shall be
liable to pay one-half (1/2) of said amount to Eichelbergers,
B. Plaintiff will pay the balance of the Preis
Consumer Discount Company joint debt,
C. Plaintiff agrees to pay to Transact the balance of
Two Hundred Forty-five ($245.00) Dollars for his own medical
treatment.
D. Defendant agrees to pay approximately One Thousand
Nine Ilundred ($1,900.00) Dollars owed to Holy Spirit Hospital for
the children's medical care, Eighty ($80,00) Dollars owed to her
mother; and Three Hundred Seventy-five ($375.00) Dollars owed to
Transact for the childrens medical treatment.
E. plaintiff keeps his pension benefits.
F. Defendant keeps her pension benefits,
i
\'
\-
G, Plaintiff shall receive any remaining tools, his
navy memorabilia and his heirloom crib and rocking horse.
Otherwise, plaintiff relinquishes all claims to the furniture and
other items remaining in the marital residencA,
H. plaintiff has signed the title to the 1983 Ford LTD
Crown Victoria station wagon over ~o Defendant,
I, plaintiff agrees to make Paul R. Rider and Joseph
F. Rider, the parties' minor children, beneficiaries of
Plaintiff's life insurance and pension plan until such time as
each attain the age of eighteen (18),
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES
By:?:i tl -LLI (jJ (iJf/~'ft-J
Jo n R. Beln a r
supreme Court I,D. #55631
5232 East Trindle Road
Nechanicsburg, PA 17055
(717) 691-5400
Attorney for Plaintiff
DATED: January /0 , 1997
JEFFREY R, RIDER,
plaintiff,
v,
BARBARA A. RIDER,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CliMBERLAND COUNTY, PENNSYLVANIA
NO, 95-1096 civil Term
IN DIVORCE
MARITAL PROPERTY OF
JEFFREY R. RIDER AND BARBARA A.-RlDER
Item No. 1
Property:
Value:
Valuation Date:
Item No. 2
Property:
Value:
Valuation Date:
Item No, 3
Property:
Value:
Valuation Date:
1983 Ford LTD Crown Victoria
Station Wagon
Estimated $100,00
January, 1997
Household goods, furnishings, clothing
and tools
Estimated $4,000.00 - $5,000,00
August, 1994
pennsylvania School Employee's
Retirement system Pension
Balance as of 6/30/95 was $1,575.44,
Balance for date of separation is
unknown at this time,
Work Start Date: July 5, 1993
Date of separation: August 30, 1994
plan vests: July, 2003
. . l ,..... ...~..._....i_.....' _ . . . '.,"-.:-:--:.:--=.....;,:-l::~~=':_ ' ~~1
I
,
,
NON-11l1RITAL PROPERTY
Property:
None on part of Plaintiff; none known
for Defendant.
1,1
j!
.. \
PROpeRTY TRANSFERRED
None.
I.IABIJ.J:rlllii
It.em No. 1
Debt:
Preis Consumer Discount Company
Original Amount $3,200.00
Balance on date of separation $2,589.65
Current Approximate Amount $1,900.00
Jeffrey R, Rider
Barbara A. Rider
Amount:
Debtors:
Item l~o, 2
Debt:
Unpaid Rent - 301-A North Market Street
Nechanicsburg, PA
David and Susan Eichelberger
Amount:
Current Amount - Unknown
Debtors:
Jeffrey R, Rider
Barbara A. Rider
Any other joint liabilities are unknown
by or unproven to Plaintiff
JEFFREY R, RIDER,
plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERI,AND COUNTY, PENNSYLVANIA
NO. 95-1096 Civil Term
v,
BARBARA A. RIDER,
Defendant,
IN DIVORCE
JNCOME AND EXPENSE STATEMENT
lIlcome:
Monthly
YearlY
Gross - Mechanicsburg
Area School District
$1,128.00
($526.40 every
two weeks)
$13,686,40
Net
$635,14
($296,40 every
two lIeeks)
$7,706,40
Expenses:
Monthlv
yearly
Loans or Credit Accounts
Preis Consumer
Discount Company
Child support
$100,00
$1,200,00
$200,00
$2,400,00
{
:I
"
"
Supplemental Expenses
Monthly
Food $ IBO.OO
YearlY
Auto Maintenance $ 2,50
$ 2,160,00
$ 240.00
$ 120.00
$ 30,00
$ 29B.00
$ 480.00
$ 1,140,00
Clothing $ 20,00
Gasoline $ 10.00
Auto Insurance $ 24. B3
Entertainment $ 40.00
Household Expenses/ $ 95,00
Utilities (electric-
, budget with balloon
payment/credit on anniversary
month April)
$
12.00
$
$
$
188.00
144,00
Medical Expenses
Water
$
15.66
Homeowner's Insurance
$
12.50
150.00
Pet - Cat
s
35.00
s
420.00
Total of Expenses
$ 747,49
$ 8,969.88
.,
JI'V'l-lg '97 OO,~~!1 FRCJ1IT!-I:MS TI-O""C;
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PUBLIC SCHOOL EMPLOYES' RETIREMEN1' SYSTEM
Tolephooe (717) 787-8540
Ma/llna Address
PO Box 12S
Harr\Jburg PA t7108-~t25
Building LoC4t1ol1
5 North 5th Street
Hnrrlsbura PA 17101-1905
JANUARY la, 1997
JEPFREY R RIDER
PO BOlt 2433
MECHANlCSBURG PA 17055-0933
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3 CROSSOATE ORIVE
SUITE 101
IIECtlANrCSDURO FA 17000-2409
PHONE 717-79D-S243
PU!ASB READ REVBRSB SIDE FOR IMPORTANT INFORMATION
:lSIl OOOt ~LL LUQ OtlOO LO/OtITO
Your enploYlr il I
MECHANICSBURO AREA
(3310)
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p,EC,c\~ H3-cnt '
JEFFREY R. RIDER,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1096 Civil Term
v,
BARBARA A, RIDER,
Defendant
IN DIVORCE
PRAECIPE TO WITHDRAW AS COUNSEL FOR
PLAINTIFF JEFFREY R. RIDER
TO THE PROTHONOTARY:
Pursuant to an Order of Court attached hereto, please
withdraw the entry of appearance of the firm Fenstermacher and
Associates as counsel for Plaintiff Jeffrey R. Rider.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES
..# / ,
.......f.;' ~/
By: ,/ ~ ~7 /;;Y.~7 _,7<_.-""71
Mark K, mer.y
supreme Court I,D. #72787
5232 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
Attornpy for plaintiff
DATED: April II, 1997
CERTIFICATE OF SERVICE
AND NOW, this 11th day of April, 1997, I, Nark K. Emery
hereby certify that I have served the foregoing praecipe to
withdraw as Counsel by mailing a true and correct copy by united
States first class mail, postage prepaid, addressed as follows:
Ms, Shannon S, Piergallini
Family Law Clinic
45 North pitt Street
Carlisle, PA 17013 2943
Mr, Jeffrey R, Rider
976 West Trindle Road Lot No. 19
Mechanicsburg, PA 17055
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By: , //:' / ,;;' ;?--,':---
Mark K ,E'n1sry, Esquire
supreme Court ID 72787
Fenstermacher and Associates
5232 East Trindle Road
Nechanicsburg, PA 17055
(717) 691-5400
O,I~('t':'I''''''D I","
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APR 0 9 199]V'
Absolute,rdr - Mark Disk 3
JEFFREY R, RIDER,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1096 civil Torm
v.
BARBARA A, RIDER,
Defendant
IN DIVORCE
ORDER
, ({lk
AND NOW thls day of
consideration of the Petition to Make
~,;,Q , 1997, upon
Rule Absolute, it is hereby
ORDERED that the firm of Fenstermacher and Associates is granted
leave to withdraw as counsel for Plaintiff Jeffrey R, Rider.
BY THE COUR'l'
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Distribution:
Fenstermacher and Associates (ATTN Mark K. Emery, Esquire)
Mr, Jeffrey R. Rider
Ms. Shannon Peirgallini (counsel for Defendant Barbara A.
Rider)
TRIll: COpy FROM RECORD
In T. ,';::,.' '." ";, . 'If. I 1.:,<,' :lIlt" :01'1 my hand
~i;\d 11:' , ".; ,.. :.~'.~ ':ovrt at Cflrli~lo, Pi}.
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO. 95-1096 CIVIL TERM
IN DIVORCE AND
EQUITABLE DISTRIBUTION
JEFFREY R. RIDER,
Plaintiff
BARBARA A. RIDER,
Defendant
MEMORANDUM REGARDING DIVORCE MASTER'S
AUTHORITY TO DISTRIBUTE DEBT IN
THE ABSENCE OF MARITAL ASSETS
This memorandum addresses the Divorce Master's authority to
distribute marital debt in a divorce action where there are no
marital asssts.
Chapter 35 of the Divorce Code, 23 Pa.C.S. 53501 et. seq.,
concerns marital property and the division of the same in a divorce
action. The Code does not expressly provide for the disposition of
marital debt.
However, courts have addressed the issue of
distribution of marital debt by means ot: the concept of "equitable
reimbursement".
Equitable reimbursement was first used by the Pennsylvania
supreme Court in a case where a wj,fe supported her husband beyond
her legal obligation while her husband obtained a chiropractic
degree and opened his own practice. Bold v, Bold, 574 A.2d 552
(pa. 1990). Subsequently, husband requested that his wife leave
the marital residence. A divorce action ensued and wife sought to
recoup the amount for which she supported husband while he was in
school and opening his practice. There were insufficient marital
assets to compensate wife in the form of equitable distribution.
The court held that the wife was entitled to a monthly payment by
husband to reimburse her for her support of husband which exceeded
1
her legal obligation. The court found support for its decision in
23 Pa.C.S. 5401(C) (revised in Pa.C.S. 53323(f)) which grants the
court "full equity power to protect the interests of the parties
and effectuate the purposes of the act". l.l1. at 555.
In ~ullo v. zullo, 613 A2d 544 (pa. 1992), the Pennsylvania
supreme court expanded the concept of equitable reimbursement and
applied it in a case where the parties had an equal earning
capacity but did not have sufficient marital assets to compensate
wife for the marital debt which she had taken responsibility for.
At the hearing before the Divorce Master, the Master recommended
that the parties be equally responsible for the marital debt. To
effect this, the Master recommended that the husband pay to wife
$300.00 a month for forty-eight (48) months. In affirming the
Master's recommendation, the court found that "the monthly payments
were being recommended for the purpose of making both parties
contribute to the payment of the marital debt". zg. at 546.
The facts of Zullo are similar to the present case. The
Riders' have an equal earning capacity and they have marital debt
which exceeds their marital assets. Further, while the debt is
marital in nature as it was incurred while the parties were
together for the support and maintenance of the family, it was
assumed in the name of Ms. Rider only, and consequently, she is
solely responsible for the debt from the creditors' perspective.
The Divorce Master, as an arm of the trial court, does have
the power to distribute tho debt, In fact, this is just what the
Divorce Master did in Zullo. Additionally, the Divorce Master is
empowered by 23 Pa.C.S. 53323(f) to recommend "orders which are
necessary to protect the interests of justice of the parties or to
2
effectuate the purposes of this part and may qrant such other
relief or remedy as equity and justice require aqainst either
party" .
Equity and justice would not be served if Ms. Rider is saddled
with the responsibility of the marital debt because most of it was
incurred in her name only.
Fairness will only be promoted by
dividinq the marital debt between the parties in such a proportion
as to recoqnize all the relevant factors, including Ms. Rider's
custody of the parties' two minor children, by requiring Mr. Rider
to pay a monthly sum to Ms. Rider for the purpose of discharginq
the marital debt.
Respectfully SUbmitted,
. I ~" '.--__
"c ..'.......
\ \\cli"'''-ll-0 0, ~~\...\...\...<---.J
Shannon S. Piergall i
certified Legal Intern
(Jlvm" A~
Thomas M. Place
supervising Attorney
FAMILY LAW CLINIC
45 North pitt street
Carlisle, PA 17013
717-243-2968
3
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO. 95-1096 CIVIL TERM
IN DIVORCE AND
EQUITABLE DISTRIBUTION
JEFFREY R. RIDER,
plaintiff
BARBARA A. RIDER,
Defendant
CERTIFICATB OF SERVICE
I, Shannon S. Piergallini, certified Legal Intern, Family Law
Clinic, hereby certify that I am eerving the foregoing Memorandum
on Jeffrey R. Rider, at 967 West Trindle Road, Lot 19,
Mechanicsburg, PA17055, cumberland county, Pennsylvania, by
depositing a copy of the same in the united states mail, postage
prepaid, this 29th day
L~~
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
4
~
.
JEFFREY R, RIDER,
Pluintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO, 95-1096 CIVIL TERM
V,
BARBARA A, RIDER,
Derendant/Petitioner
IN DIVORCE,
EQUITABLE DISTRIBUTION
PETITION FOR EOUITABLE DISTRIBUTION
The defendunt, by her :llIorneys, the Family Law Clinic, sets forth the following petition.
for Equitable Distribution, pursuunt to Pa, R,C.P. 1920.15(b):
I, The Petitioner is Barlmra A, Rider, who currently resides ut 301 North Market Street,
Apartment A, Meehanicsburg, Cumberlund County, Pennsylvunia 17055.
2, The Respondent is Jeffrey R, Rider, who currently resides at 119 West Main Street,
Apartment #2, Mechunicsburg, Cumberlund County, Pennsylvaniu 17055,
3, On March 2, 1995, the Respondent filed a Complaint pursuant to section 330l(c) of
the Divorce Code.
4. The Petitioner and the Respondent huve lived separate and apart sinee September
1994.
5, The Petitioner und the Respondent arc the parents of two children: Paul R. Rider,
born on July 31, 1980, and Joseph 1', Rider, born on September 9, 1982,
6, The children currently live with the Petitioner, but there is no custody order in effeel.
7, During the marrillge, the Petitioner and the Respondent lIequired the following
property: A 1983 Ford LTD Crown Vietoria stationwagon and various household property,
\ I
1,1
..
8, During the mnrriage, thc petitioner and the Respondentacquircd the following dcbts:
Back rent owed to David and Susan Eichlebergcr in the nmount of $5,896,29; Prcis Consumer
,
I
Discount Co, loan in the nmount of $2,003,34; Transact bill in the amount of $645.00; Holy
Spririt Hospital in the nlllount of $1,936.00; Aurlhur Kusie in the amount of $375,00; nnd a
I
personallmm in the nmount of $150.00 owcd te Petitioner's mother.
WHEREFORE, the Petitioner requests thntthe court cnter n decree dividing thc property
and debt cquitably betwcen the parties,
DATE: 7-5- 95
~~,~
TINA PSO
Student A"ey
()~ '\ t-
THOMAS M, PLACE
ROBERT E, RAINS
Supervising Attorney
THOMAS L, PEELER
Staff Attorney
THE FAMILY LAW CLINIC
45 North Pitt Strcet
Carlisle, PA 17013
717/243-2968
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HA"''''IUURC OFFICE
108 LINCOLN ST"'EET
HA"'RlnUR~ P^ 11112
(711) 54!l.8610
If/iMltj'
FIlINHTJllRlIlAClIlll1t ANn AHHO('IATIllH
^TTORNEYS ^ND COUNSELORS ^T L^W
5;l32 fAH TklNDU kOAD
MECH^NICSBURC, PENNSYLV^NIA 17055
(7111 091.5400
TEt.EcorIER. (711) 601.5441
OCEM.s CITY OFfICE
26 ~^Y ^VENUE
OCEAN CITY. NJ 06226
(609) 301.9461
MAkK It EMERY
DlkECT DIAL (711) 891.5430
MlMUJl I'lNNnI.VANIA I^Jl
March 7, 1997
E. Robert Elicker, II, Divorce l1aster
Office of Divorce l1aster
Cumberland County Courthouse
High and Hanover Streets
Carlisle, PA 17013
Ms, Shannon S, piergallini
Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013-2943
PLEASE RlIPOND TO,
I lliARRISDURG OffiCE
( I MECHANIc.\DURG OFfICE
I I OCEAN CITY OffiCE
RE: Rider v. Rider
Dear Mr, Elicker and Ms. Piergallini:
Enclosed is a Motion to Withdraw as counsel for
Plaintiff Jeffrey R. Rider, which is being filed simultaneously
with the Court. As you will note therein, Mr. Rider has
terminated our firm, and as such wo are compelled to \~ithdraw as
counsel,
Mr. Rider has been advised on numerous occasions that a
pre-hearing conference is scheduled for April 11, 1997, and has
been provided his full and complete file. I am not aware if he
intends to retain other counselor proceed pro se, Based on our
withdrawal, please address all future contact directly to Mr,
Rider, If you have any questions or need anything further,
please contact me, Thank you,
Sincerely,
FENSTERMACHER AND ASSOCIATES
'~./~.~ ,i
By: '.. ..-
Mark K. Emery
,/
,
.---.:---
smc
Enclosure
cc: Mr, Jeffrey R, Rider
HARRIUUIlC OFFICE
108 UWCOLN STRUT
H'-RklS8Ukc;, P^ 1111'
e111>> 545.8010
~Ml-l'
FJlINHTJlIRl'lACIIJlIR AND AHHO(JIATJlIH
^ TTORNEn AND COUNSELORS ^ T LAW
5232 EMf TIlINDLE ROAD
MECHANIC5BURC, PENNSYLVANIA 17055
OCEM" CJTY OFFICE
26 DAY AVENUE
OCEAN CITY. NJ 08228
1600) 301.9461
(711) 601.5400
TEUCOPIER (717) 601.5441
JOHN IL DElHH^Uk
DJIlfCT DIAL (117) 801.e438
M[),(U~ PUIN~YLY^NI^ "NO
Nf.WJ[k.Sf.Y'''~
PLE^SE kE.lPOND TQ
( ) H^RlllnUkC OFFICE
I'Q.. MECH^NIOBUIlG OFFICE
I ) OCEAN ~ITY OffiCE
January 10, 1997
E. Robert Elicker, II, Divorce Master
Office of Divorce Master
Cumberland County Courthouse
9 North Hanover Street
Carlisle, PA 17013
RE: Rider v, Rider
No. 95-1096 civil - Divorce
Dear Mr, Elicker:
Pursuant to Pa, R,civ.p. 1920,33(b), I enclose a Pre-
Trial Statement in the above matter. By copy of this
correspondence, I am serving opposing counsel with a copy of
same.
Kindly contact me with a date for a pre-hearing
conference with counselor with any questions, Thank you,
Sincerely,
FENSTERMACHER AND ASSOCIATES
By: (] /U! (J bJ}CI\
~,Be~n ur
smc
Enclosure
cc: Mr. Jeffrey R. Rider
Shannon piergallini, Certified Legal Intern
"
'.
JEFFREY R. RIDER,
J N TII~: COURT OF COMMON PLEAS OF
CUI'lUl':RI,AND COUNTY, PENNSYLVANIA
NO, 'IS-JO~)(, civil Term
"
rla inti ff,
v.
BARBARA A. RIDER,
Defendant
III DIVORCE
ORDF:R
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AND NO\~ thb.
dilY 0/ folarch,
19'17, upon
'consideration of the Mation to Withdrnw as Counsel for Plaintiff,
};::'~: ':, J
'~~ ~::; -,it is hereby ORDERF:D that the Ii 1'1'1 0 f Fenstermacher and
','ci?~'''H;' ,: .
1',;, .t ':Associates is granted 100\,,1 to ',11 Lhll"i)\\, as counsel for Plaintiff.
'~'d' ,',
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[IV 7'11[0; ('OUR7'
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Distribution:
Fenstermacher alltl M;S'lCi at(w (I\Tlll Mark K, Emery, Esquire)
Jeffrey R, Rldnr
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III Till,; COURT OF COMMON PLEAS OF
,;Ur'lIll',RLMII) COUNTY, PENNSYLVANIA
NO. 95-1096 civil Term
JEFFREY R, RIDER,
Plaintiff,
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BARBARA A. RIDER,
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III DIVORCE
MOTI9N TQ-1iLTHDRAw..j\!LJ;:Q.U,~?E;HJ..QB PLAINTIFF
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'/,f-'i,:;i; ',;Jeffrey R. Rider, as fo11o':ls:
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'~::,d~::f:;~::~fepresented the Plaintiff ,Jeffrc,y R. Rider in the matter since in
~"W;!f~lorabout February, 1995,
!;if' ~~l; l:,~ 2. On Harch 'i 1
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land Associates that he no longer d~Gired their representation
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AND NOW, comeu t!le [j n1 of F.lnstermacher and Associates
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The firm of Fenstermacher and Associates has
1997 Pl"intiff advised Fenstermacher
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On sllch date Pl.'1lntiff \~as advised by Fenstermacher
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and Associates that th,~y '11,Hild fi In thn ncconsary documents to
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4, on such date' Pl,lin':.~ ~ i Clbtllinoc\ his case file and
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to withdraw as counsel [or PI.'1intlff.
5, Pursuant to tho RUll! a! Professional Conduct
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WHEREFORE, the (ir~ of Fnnstnrmachnr and Associates
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Reupnccful1y submitted,
n:IIS'J'ERf.I.\CIIER AND ASSOCIATES
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SlIOrllr.1C! Court: 1.0. #72787
,,23:! I,azt 1'rindle Road
f.luchnnicsbllrg, PA 17055
(717) &91-5400
Attornoy [er plaintiff
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AND NO\~, thi,; 7th day of 1.larc:h, 1997, I, Mark K. Emery
;;hereby eertify that I havo served tho foregoing Motion to
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by :;Iail i ng iI C flit, nnd correct copy by united
,;'~'Withdraw as counsel
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Mr. JDffroy R. RidDr
97& ~Iosr. 'rrinclle i~("ld La': No, 19
f'lechani.::nbul'CJ, pt, 17055
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l'lil~k K. Emery, Esquire
SlIprome Court 10 72787
Fnnstormaehor and Associates
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JEFFREY R. RIDER,
Plnintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO, 95-1096 CIVIL TERM
BARBARA A. RIDER.
Defendnnt
: IN DIVORCE,
: EQUITABLE DISTInUTlON
INVENTORY
OF
BARBARA A, RIDER
Defendnnt files the following inventory of nil property owned or possessed by either
pnrty at the time this nClion wns commenced nnd nil property transferred within the preceding
three yenrs,
Defendnnt verifies thnt the stntements mnde in this inventury arc true and correct.
Defendant lInderstands that Iillse stnlements herein nre mnde sllbject to the penalties of 18
Pa,C.S, ~4904 relnting to unsworn fnlsificnlion to nUlhurities.
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Defendnnt
Dnle '-/ ~/h9
ASSETS OF PARTIES
Defendant marks on the list helow those items applicable to the case at bar and itemizes the
assets on the following pages. If an item IHls been appraised, a copy of the appraisal report is
attached. This is defendant's I1rst Inventory. Defendant reserves the right to !1lodify this
Inventory as a result of response to discovery.
( ) I. Real property
(x) 2. Motor vehicles
( ) 3. Stocks, bonds, secllrities and options
( ) 4. Certil1cates of deposit
( ) 5. Checking accounts, cash
( ) 6. Savings accounts, money market and savings certit1cates
( ) 7. Contents of safe deposit boxes
( ) 8. Trusts
( ) 9. Life insurance policies (indicate face value, cash
surrender value and current benet1ciaries)
( ) 10. Annuities
( ) 11. Gifts
( ) 12. Inheritances
( ) 13, Patents, copyrights, inventions, royalties
( ) 14. Personal property outside the home
( ) 15. Businesses (list all owners, including percentage
of ownership, and oft1cer/director positions held by a party with company)
( ) 16. Employment tennination benet1ts severance pay. workman's
compensation claim/award
( ) 17. Prol1t 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 unmatllred)
( ) 22. Military/V.A. benet1ts
( ) 23. Education benelits
(x) 24, Debts due, inCluding loans, mortgages held
(x) 25. Household furnishings and personalty (inclUde as a
total category and attach itemized list if distribution
of such assets is in dispute)
( ) 26. Other
MARITAL PROPERTY
Defendant lists all marital properlY in which either or hoth spouses have a legal or
eqllitable imerest individllally or with any other person as of the date this action wns
commenced:
Itcm
Numbcr
1.
Dcscription
of PropcrlY
1983 Ford LTD Crown Viclorin
Names of
All Owncrs
Jeffrey Rider, Bnrhnrn
Rider
2.
Tools
Jeffrey Rider. Barhnra
Rider
3.
Appliances ·
Jeffrey Rider, Bnrhara
Rider
4,
Micrownve
Jeffrey Rider, Barbara
Rider
5.
Furniture ·
Jeffrey Rider, Barbnra
Rider
6.
Pension with Mechanicsburg
School District
Jeffrey Rider. Barbara
Rider
· A more specific list can be mnde avnilable lIpon request. Defendant believes that
disposition of such property is not at issue in this case. SlIch property is in possession of the
defendant.
NON-MARITAL PROPERTY
Defendant lists all property in which a spouse has a legnl or eqllitnble imerest whieh is
claimed to be excluded from marital properly:
It c m
Numbcr
1.
Dcscription
of I'ropcrly
Bedroom FlIrnhure
Rcnson for
Exclusion
This was bought for Barbara Rider
when she was 12 years old, before the
Illarriage
2.
Lawn Mower
Pllrehased after separation
3.
SnolV Blower
pllrchased nfter separmion
PROPERTY TRANSFERRED
Item
Number
Description
of Pronertv
Date of
Transfer
Consideration
Person to Whom
Transferred
NONE
LIABILITIES
Item Description Names of Names of
Number of Pronertv All Crcdllors All Debtors
1. Back Rent David and Susun Jeffrey Rider, Burbam Rider
(Jeffrey Rider Eichleberger
agreed to work
oft)
2. Back Rent David and Susan Jeffrey Rider, Barbara Rider
(incurred when Eichleberger
both Jeffrey and
Barbara Rider
were living in the
apartment)
3. Consumer loan Preis Consumer Jcffrey Rider. Burbura Rider
Discount Company
4. Medical Bill Transact Health Jeffrey Ridcr, Barharu Rider
(Treatment for Systcms
Jeffrey Ridcr)
5. Medical Bill Transact Hcalth Jcffrey Rider, Barbam Ridcr
(Treatment for Systems
Joseph and Paul)
6, Hospital Bill Holy Spirit Jeffrey Ridcr, Barham Ridcr
(Treatmcnt for Hospital
Joseph lInd Palll)
7, Hospitul Bill Arthur Kusic Jcffrcy Ridcr. Burbura Rider
8, Loan (This loan Barhara Rider's mother Jeffrey Rider, Barhara Rider
was to pay
an aoto mechanic
for repairs on the
car,)
9. Loan Members First Jeffrey Rider, Barbara Rider
10. Cable TV Dill Sammons Cable Co, Jeffrey Rider, Barbara Rider
JEFFREY R. RIDER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO, 95-1096 CIVIL TERM
BARBARA A, RIDER,
Defendant
: IN DIVORCE
: EQUITABLE DISTRIBUTION
CERTIFICATE OF SERVICE
I, Stephen Metz, Student Allorney, Family LllW Clinic, hereby certify that I am serving
a true and correct copy of the foregoing Inventory of Barbara A. Rider on John R, Beinhaur.
allorney for Plaintiff, maintaining an office at 5232 East Trindle Road, Mechanicsburg, PA
17055, Cumberland County, Pennsylvania, by depositing a copy of the same in the United States
mail, postage prepaid. this I~h day of A.-prl \. 1996.
~~k~ )ftL,
Student Allorney
THE FAMILY LAW CLINIC
45 North Pill Street
Carlisle, PA 17C::I
(717) 243-2968
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IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-1096
JEFIIREY R. RIDER
Plaintiff
BARBARA A. RIDER
Defendant
IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
BARBARA A, IUDER. moves the court to appoint a master with respeetto the following
claims:
()
()
()
()
Divorce
Annulment
Alimony
Alimony Pendente Lite
(x) Distribution of Property
( ) Support
( ) Counsel Fees
( ) Costs and Expenses
and in support of the motion states:
1, Discovety arguably is not complele as to the claim for which the appointment of
n master is requested, Interrogatories and Request for Production of Documents have been
issued with no response, TillS is one of lhe rea:;olls that Defendant seeks appointment of a
masler in tbis action.
2. The defendant has appeared nnd is represented in tlu: action hy her attorneys, the
Family Lnw Clinic.
3. The statutory ground for divorce is 23 Pa.C.S.A, * 331O(c),
4, The action is contested with respect tl) llll: follnwing c1alln: Equitnble Distribution
of Property.
5, The action does net im'olve c()mple.~ i~sues of law 01' fact.
6, The hearing is expected to tnkc two tuthfce hours.
Date II l d~ ((~b
S~:(\kttu ltl V-
Slephen A. Melz
Certified Legal Inlern
fi,j R <14-1......-,,-,-,. I
THOMAS MIPLACE
ROBERT E. (RAINS
KATHERINE C. PEARSON
Supervising Allorney
GAIL R. SHEARER
Slaff Allorney
FAMILY LAW CLINIC
45 North Pill Street
Carlisle, PA 17013
717/240.5204
7171243-2968
ORDER APPOINTING MASTER
AND NOW, \~;c f c.\
, 1996, Robert Elicker, Esquire, is appointed master wilh
respect to the following claim' Equitable Distribution of Property.
By lhe Court:
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-1096
IN DIVORCE
JEFFREY R. RIDER
Plaintiff
BARBARA A. RIDER
Defendant
CERTIFICATE OF SERVICE
I, Stephen A. Metz, Certified Legal Intern, Family Law Clinic, hereby certify that I am
serving a copy of the Motion for Appointment of Master on John Beinhaur. Esquire, attorney
for the Plaintiff, at F"':.;tennacher & Associates. 5232 East Trindle Road, Mechanicsburg,
Pennsylvania 17055. by first class United States mail, postage prepaid, the 26th day of
November, 1996.
~rftuvl(;i U
Stephen A. Meti
Certified Legal Intern
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~,( I? < /) 1<-<" 'U-(
Tj{omas M, Place
Robert E. Ra(ns
Katherine C. Pearson
SUPERVISING ATIORNEY
Gail R, Shearer
STAFF ATIORNEY
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle. PA 17013
(717) 243-2968
Fa,,: (717) 243-3639
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JEFFREY R. RIDER,
Plaintif f,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1096 tivil Term
v.
BARBARA A. RIDER,
Defendant
IN DIVORCE
ORDER
AND NQ\oI this ~ day of ~J ' 1997, upon
consideration of the petition to Make Rule Absolllte, it is hereby
ORDERED that the firm of Fenstermacher and Associates is granted
leave to withdraw as cOllnsel for Plaintiff Jeffrey R. Rider.
BY THE COURT
J.
Distribution:
Fenstermacher and Associates (ATTN Mark K. Emery, Esquire)
Mr. Jeffrey R. Rider
Ms. Shannon Peirgallini (counsel for Defendant Barbara A.
Rider)
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JEFFREY R. RIDER,
Plaintiff,
IN THE COURT OF CONMON PLEAS OF
CUMBERI,AND COUNTY, PENNSYLVANIA
NO. 95-1096 civil Term
v.
BARBARA A. RIDER,
\!
Defendant
IN DIVORCE
PETITION TO MAKE RULE ABSOLUTE
AND NOI~, eomes the firm of Fenstermacher and Assoeiates
and files this petition to Nake Rule Absolute, as follows:
1. On or about March 7, 1997, the firm of
Fenstermacher and Associates filed a Motion to Withdraw as
Counsel for Plaintiff, Jeffrey R. Rider.
2. Upon eonsideration of such Notion, on Mareh 13,
1997 the Honorable J. Wesley Oler, Jr. issued a RUle upon
Plaintiff Jeffrey R. Rider and Defendant Barbara A. Rider to show
cause as to why Fenstermaeher and Associates' Motion to Withdraw
should not be granted (See Exhibit "A" attached hereto).
3. Said Rule was distributed to both Plaintiff and
Defendant (Id.)
4. No response to the RUle has been filed by either
Plaintiff or Defendant within the proscribed twenty (20) day
period.
WHEREFORE, tho firm of Fenstermacher and Associates
respectfully requests this Honorable Court make the rule absolute
and grant FAnstermacher ilnd Associates Motion to Hi t,hclraw as
Counsel for Plaintiff Jeffrey R. Rider.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES
By: ;' ",: ..>// (0. ,J ~ ';'1;;/"''-
11ark R. - Enlery .
Suoreme Court I.D. #72787
5232 East Trindl~ Road
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Plaintiff
DATED: April '), 1997
9ERTIFICATE OF SERVICE
i
AND NOW, this --=z day of April, 1997, I, Mark K. Emery
hereby certify that I have served the foregoing Petition to Make
Rule Absolute by mailing a true and correct eopy by United States
first class mail, postage prepaid, addressed as follows:
Mr. Jeffrey R. Rider
976 West Trindle Road Lot No. 19
Mechanicsburg, PA 17055
Ms. Shannon S. Piergallini
Family Law Clinie
45 North Pitt Street
Carlisle, PA 17013-2943
Attorney for Defendant
By: ;".', '/ -(1/ ;:>> /'Z~
Hark '1<,' Em~ry, . Esquire
Supreme Court ID 72787
Fenstermacher and Associates
5232 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
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EXHIBIT qA"
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JEFFREY R. RIDER,
Plaintiff
IN 'I'lm COUR'l' OF COMMON PLEAS OF
CUMDlmLlIND COUNTY, PENNSYLVANIA
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CIVIJ, AC'I'ION - LAW
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BARBARA A. RIDER,
Defendant
NO. 95-1096 CIVIL TERM'
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AND NOW, this l '3 -\t, day of March, 1997, upon consideration of
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the Motion to withdraw as Counsel for Plaintiff, filed by Mark ~.
Emery,
Esq. ,
a Rula ill
hereby ISSUED upon the Plaintiff, and
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Defendant to show causa why the reliaf requested should not be
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granted.
RULE RETURNABLE within 20 days of Ilervice.
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BY TilE COURT,
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~ark K. Emery, Esq.
,;' 5232 East Trindle Road
Mechanicsburg, PA 17055
Attorney for Plaintiff
Jeffrey R. Rider
976 West Trindle
Lot No. 19
Mechanicsburg, PA
Plaintiff
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17055
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Ir; T'~"i:j'; ",:; \'i;;~re'1f, I hero unlo sol my hand}
~ ,': 1:;<:,:,:1 t;/ r.,,;d r,'llIrl a\ Carlisle, Pa. ~
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~ Prothonotary
Barbara A. Rider
301 North Market Street
Apartment A
Mechanicsburg, PA 17055
Defendant
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FMNHTMIUIAf'lIli1n ANIJ ^HHOf'IATMH
^TTORNEYS ^ND COUNSELORS ^T LAW
5232 EAST TIlINDLE ROAD
, ItARRIlIURC Office
108 LINCOLN STREET
HAfl.klUURc-. PA 17112
(717) 545.8610
MECH^NICSBURC, PENNSYLVANIh 17055
(711) 601.5400
TELECOPIER. (711) 601.5441
OCEAN CITY OffICE
28 lAY AVENUE
OCEAN CITY. NJ 08226
(000) 391.0461
"'ARK Il WERY
DIRECT OL\L (111) 691.5439
MlMIU. PfNWn1.V^H~ IAk
PLEASE RE.lpOND TO.
( IItARRISIURC OFFICE
,&::~"'EC,,^NICSIURC OFFICE
( ) OCEAN CITY OrACE
April 14, 1997
E. Robert Elicker, II, Divoree Master
Office of Divoree Master
Cumber.land County Courthouse
High and Hanover Streets
Carlisle, PA 17013
RE: Rider v. Rider
Dear Mr. Elicker:
I am in receipt of your Pre-Hearing Conference
Memorandum. Contrary to your statement in such, an Order was
issued by Judge oler granting this firm leave to withdraw as
counsel for Jeffrey Rider. I enclose a copy of such for your
files. We have taken the necessary steps with the prothonotary
to effectuate that withdrawal. If you have any questions or need
anything further, please contact this offiee. Thank you.
Sincerely,
FENSTERMACHER AND ASSOCIATES
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H6'rk 1<. 'Emery - ~
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Enclosure
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'JEFFREY R. RIDER,
III TilE COUH'I' OF COMMON PLEAS OF
CUr'1DEIlJ,AllD COUIITY, PENNSYLVANIA
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NO. l)!,-IO<J6 Civil Term
v.
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BARBARA A. RIDER,
D,)(nlldanf:
J!I 111 VOI(CE
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ORDER
Kt , I' 'l:l~ I I I. l 1997
A'l'D NO,~ t ll!l _ ___ I :'Y D 00_ ,_, ,..L\t~!,: ,,_, , , upon
consideration of tlw Pet i t j,on to Hilf:1: rns 1" M",;n lute, it is hereby
ORDERED that the fJ rr" of F'!l1r;t" r1n,)clwr illld M;::nGi aten is granted
leave to withdrml az cnllllsr:l f'l!' PliJintiff .lnflrey R. Rider.
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Fenstermacher ilnd 'I: :11"'~ i 01 t.",; (,\'r"Il' H.t rk r.. Emery, Esquire)
Mr. Jeffrey ll. Rid',r
I1s. Shannon Po i l'lJilll in i (Cnlllwn I 101' De f olldant Barbara A.
Rider)
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