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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
'"S'
STATE OF ~~~ PENNA.
.....JI.# .',
CINDY R. MINAYA,
Plaintiff
:\(), 95-4871
\'1 'l"..;.i I....
RODERICK E. MINAYA,
Defendant
AND NOW,
DECREE IN
DIVORCE
,/v~" I~' , 19 91 , it is ordered and
decreed that
and
CINDY R. MINAYA
, " plaintiff,
defendant,
RODERICK,E. MINAYA,
ore divorced from the bonds of matrimony,
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
THE MASTER'S REPORT IS INCORPORATED, BUT NOT MERGED HEREIN.
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CINDY R. MINAYA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
.
.
NO. 95 - 4871 CIVIL
RODERICK E. MINAYA,
Defendant IN DIVORCE
THE MASTER: Today is Thursday, June 4, 1998.
This case was originally scheduled for a Master's hearing on
Tuesday June 2, 1998; however, Mr. Minaya called the Master's
office the morning of June 2, 1998, indicating that he just
received notice of the hearing and would like to request a
continuation because he did not have transportation that date to
carlisle. Mrs. Minaya did appear on June 2, 1998, with her
counsel and the Master explained to them that he would continue
the case two days, until June 4, 1998, allowing Mr. Minaya an
opportunity to appear and to participate in the proceedings.
Both parties are present today in the hearing room,
cindy R. Minaya is with her counsel Matthew J. Eshelman and
Roderick E. Hinaya is present without counsel.
Mr. Minaya, is it your intention to proceed today
without counsel?
MR. MINAYA: Yes, it is.
THE MASTER: And you're satisfied that you
understand what has preceded today in this meeting that you've
had with Mr. Eshelman?
MR. MINAYA: Yes, I do understand.
x
THE MASTER: A divorce complaint was filed on
September 13, 1995, raising grounds for divorce of irretrievable
breakdown of the marriage. The parties have both signed
affidavits of consents and waivers of notice of intention to
request entry of divorce decree so that the divorce can be
concluded under Section 3301(c) of the Domestic Relations Code.
The affidavits and waivers will be filed by the Master with the
Prothonotary's office today.
The divorce complaint was reinstated August 20,
1997, and served on Mr. Minaya by certified mail restricted
delivery. The return receipt card has been provided to the
Master by Mr. Eshelman and will be part of the file. The card
shows date of delivery as August 28, 1997.
Mr. Minaya, I show you the return receipt card
dated August 28, 1997; is that your signature on the return
receipt card?
MR. MINAYA: Yes, it is.
THE MASTER: The parties were married on June 26,
1982, and separated July 19, 1995. They are the natural parents
of four children, whose names and dates of birth are as follows:
Matthew R. June 13, 1986;
Mitchell L. June 13, 1986;
Michael J. September 22, 1987;
Marshall V. March 2, 1990.
,
~
The children are currently in the custody of the
wife and husband is under an order for payment of child support
in the amount of $344.00 per month. That payment is made
through the Cumberland County Domestic Relations Office.
The complaint that was filed raised the economic
claims of equitable distribution and alimony. No claims were
raised for counsel fees and expenses.
The Master has been advised that after discussion
today between the parties, and with Mr. Eshelman's
participation, the parties have reached an agreement with
respect to the outstanding economic issues and as noted have
agreed to obtain the divorce under the no-fault provisions of
the Divorce Code, Section 3301(c).
Mr. Eshelman is going to state the agreement of the
parties on the record in the presence of the parties. The
agreement as stated on the record will be considered the
substantive agreement of the parties not subject to any changes
or modifications except for correction of typographical errors
which may be made during the transcription. That means that
after the agreement is stated on the record, in your presence,
.
there will bp. no substantive changes and that the agreement as
stated will be considered your agreement when you leave the
conference room. The only changes that we will make will be to
correct typographical errors,
The parties are going to return after we have the
agreement placed on the record to review for typographical
errors and then affix their signatures. The Master will then
prepare an order vacating his appointment and Mr. Eshelman can
file a praecipe transmitting the record to the Court requesting
a final decree in divorce.
The parties have submitted the stipulation that the
Master has requested in accordance with Local Rule 1920.53-2,
which will be made part of the record.
The Master has been advised that there may be some
mention in the agreement regarding custody of the children and
the rights of the parties with respect to the children, It is
noted that although the Master has no jurisdication over the
issue of the custody and partial custody and visitation, that
the parties can put the statement/agreement on the record with
respect to those issues with the understanding that any matters
of disagreement which may arise will have to be referred to the
custody conciliator and ultimately the Court in separate
proceedings. Mr. Eshelman.
MR. ESHELMAN: The parties have specifically agreed
with respect to matters of equitable distribution as follows:
.
1. Husband is to sign over title to the marital residence
located at 1025 Orrs Bridge Road, Mechanicsburg,
Pennsylvania. Upon the eventual sale, refinance, or
other transfer of any interest in the marital residence,
and if there are net proceeds of the transfer greater
than or equal to $10,000.00 (i.e. after payment of the
existing mortgage and customary costs of sale) wife shall
transfer the total amount of $5,000.00 into trust under
the Pennsylvania Uniform Transfers to Minors Act to be
equally divided among the parties' four children when
they shall reach the age of 21 years. It is understood
that upon each child attaining the age of 21 years, that
child will be entitled to his share of the trust.
Wife agrees to assume liability for the Accubank mortgage
on the marital residence and to indemnify and hold
husband harmless therefrom. Upon request, wife agrees
to make a good faith effort to refinance said mortgage in
order to remove husband's name therefrom.
2. Husband is to retain the Terrace Mountain property in
Huntingdon County and wife shall release any claims
that she may have thereon.
3. Each party is to retain their own pension. Each party
agrees to maintain the party's natural born children as
beneficiaries thereto.
4. Husband agrees to transfer the title to the 1989
Plymouth Voyager to Wife upon request.
This Court has asked the Pennsylvania Department of
Transportation to accept this order as accession by
husband to the transfer as his signature.
5. Husband is to retain the 1967 Plymouth Barracuda, the
vehicle to be picked up by December 31, 1998.
6. Each party is to retain and assume responsibility for
their respective Sears' cards.
Husband is to assume responsibility for the Discover
credit card debt. The dischargeability of these debts
in bankruptcy is permitted.
7. Any future capital gains tax issues or costs of transfer
of these assets are to pass along with that corresponding
asset.
8. The parties desire to ensure the ability of husband to
see the parties' children upon reasonable notice. With
reference being made to the introductory remarks of the
Master, primary physical, and legal custody of the
children shall be in the mother with partial custody and
visitation to the father. When the father is in the area
and is able and desires to exercise a partial physical
custody and/or visitation of the children, the parties
agree that with a 72 hour notice to mother that father be
permitted to spend every other weekend, commencing June
6, 1998, and alternating the holidays of Easter, Memorial
Day, July 4th, Labor Day, Thanksgiving Day, Christmas
Eve, and Christmas Day, commencing with the father at the
July 4th holiday, and in addition that each parent be
guaranteed the ability to spend two weeks of
uninterrupted custody or visitation in the summers. It
is the intent of the parties that this arrangement be
phased in, starting with a couple of evenings and
progressing to weekends from there.
9. Husband agrees to relinquish any claim to other
property which may be in possession of wife, and wife
agrees to relinquish any claim to any property which may
currently be in the possession of husband, with the
following specific exceptions to become property of
husband so long as they are picked by December 31, 1998,
after which time wife may dispose of:
Vinyl records; pressboard trunk; stereo with turntable;
1218-5 turntable; amplifier; Fisher speakers; the record
stand; the triple balance and Chemistry set; hand tools;
power tools; workmate bench; bedroom dresser; the filing
cabinet and contents; pedestal table; photographs;
rocking chair; yellow afghan; three bookcases;
typewriter; personal clothing; stoneware; some glasses,
pots, and pans; all silver silverware and flatware; set
of golf clubs; art easel, acrylics, and canvas; boxes of
books and papers; camping gear; and any coins and stamps
and collectibles.
10. The alimony count filed by wife is deemed to be waived,
settled, and marked discontinued.
11. Except as herein otherwise provided, each party may
dispose of his or her property in any way and each party
hereby waives and relinquishes any and all rights he or
she may now have or hereafter acquire under the present
or future laws of any jurisdiction to share in the
property or the estate of the other as a result of the
marital relationship including without limitation,
statutory allowance, widow's allowance, right of
intestacy, right to take against the will of the other,
and right to act as administrator or executor in the
other's estate. Each will at the request of the other
execute, acknowledge, and deliver any and all instruments
which may be necessary or advisable to carry into effect
this mutual waiver and relinquishment of all such
.
interests, rights, and claims.
MR. ESHELMAN: For the record, Mrs. Minaya, you've
heard the agreement as I've read it into the record, do you
agree with each of the terms as they have been read and do you
understand them?
MS. MINAYA: Yes.
THE MASTER: Mr. Minaya, you have been present
during the statement of the agreement on the record?
MR. MINAYA: Yes.
THE MASTER: And do you understand the statement as
made on the record?
MR. MINAYA:
THE MASTER:
I believe I do. Yes.
And do you have any questions about
, it?
MR. MINAYA: Not at this time.
THE MASTER: You understand that after we leave
here today that the agreement, even though it's not signed, will
be considered the agreement of the parties?
MR. MINAYA: Yes.
THE MASTER: And you understand that you are going
to return later today to review the agreement for typographical
~
errors and then affix your signature by way of affirmation of
the terms of the agreement?
MR. MINAYA: Yes.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend to
bind myself to the settlement as a contract obligating myself to
the terms of settlement and subjecting myself to the methods and
procedures of enforcement which may be imposed by law and in
particular Section 3105 of the Domestic Relations Code.
DATE:
fJllr
~h(qg'
.
CINDY R. MINAYA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 - 4871 CIVIL
va.
RODERICK E. MINAYA,
Defendant
IN DIVORCE
AND NOW,
ORDER OF COURT
this ~ day of
, 1998,
the parties and counsel having entered into an agreement and
stipulation resolving the economic issues on June 4, 1998, the
date set for a Master's hearing, the agreement and stipulation
having been transcribed and subsequently signed by the parties
and counsel, the appointment of the Master is vacated, and
counsel can conclude the proceedings by the filing of a praecipe
to transmit the record with the affidavits of consent of the
parties so that a final decree in divorce can be entered,
cc: Matthew J. Eshelman
Attorney for Plaintiff
P.J.
Roderick E. Hinaya
Pro Se
CINDY R. MINAYA, . IN THE COURT OF COMMON PLEAS
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
VS. . No. 95-4871 - CIVIL TERM
.
.
.
RODERICK E. MINAYA, . CIVIL ACTION - AT LAW
.
Defendant IN DIVORCE
PRAECIPB TO TRANSMIT RECORD
Plaintiff's SSj 180-48-7058
To the Prothonotary: Defendant's SSj 183-34-9109
Transmit the record, together with the following information,
to the Court for entry of a divorce decree:
1. Ground for Divorce: Irretrievable breakdown under S 3301(c)
S 3391(8)(1) of the Divorce Code. (Strike out inapplicable section)
2. Date and Manner of service of the Complaint: 8/28/97
Service by certified mail as referenced in the Master's June 4,
1998 transcript. The return receipt was made part of the Master's
file.
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent
required by S 3301(c) of the Divorce Code: by the Plaintiff
June 4. 1998; by the Defendant June 4. 1998.
(h) Date of execution of the affidavit required by S
330l(d) of the Divorce Code: ;
Date of filing of the Plaintiff's affidavit upon
the respondent: ;
Date of service of the Plaintiff's affidavit upon
the respondent:
4.
merging,
Master's
Related claims pending: Please
the attached Order and transcript
hearing.
incorporate, without
of the June 4, 1998
5. (Complete either paragraph (a) or (b).)
(a) Date and manner of service of the Notice of
Intention to File Praecipe to Transmit Record:
(h) Date Plaintiff's Waiver of Notice in S 3301(c)
Divorce was filed with the prothonotary: June 4. 1998;
Date Defendant's Waiver of Notice in S 330l(c)
Divorce was filed with the prothonotary: June 4. 1998.
Both waivers made part O"f,th Mas~r!s file on June 4, 1998.
{lUI ~ C
Matthew . Eshelman, Esquire
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID' 72655 Tel. (717) 763-1800
Attorney for the Plaintiff
(; 11//91
Datel
*
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
C'r<\y p., fll),It-.'i'plaintiff
V
.
.
:CIVIL ACTION - LAW
~NO. rrs 110// CIVIL
: CUSTODY/VISITATION
19
*
() \ ' I, l M'"",/,\
K L', pr. {II. " ' Defendant
ORDER OF COURT
,ge[} I , I If /t1rr S
AND NOW, this (date) 1 , upon consideration of the
attached complaint, it is hereby directed th~t the parties and,
their respective couns 1 appear before I). ^' Int.,,, t. ,
the conciliator, at ,:' ~ <;, I 1 h S \ ' <.u.,..... , I
on the ~day of Ie" ,,,li' , 19C}{ , at 1'''1
M., for a Prehearing Custody Conference. At such conference,
an effort will be made to resolve the issues in dispute; or if
this cannot be accomplished, to define and narrow the issues to be
heard by the court, and to enter into a temporary order. Either
party may bring the child who is the subject of this custody
action to the conference, but the child/children's attendance is
not mandatory. Failure to appear at the conference may provide
grounds for entry of a temporary or peImanent order.
FOR THE COURT:
By:
J A g~f
Custody Conciliator
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.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, FOURTH FLOOR
CARLISLE PA 17013
(717)240-6200
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CINDY R. MINAYA, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. . No. 45- 487/ c..~ J..""""'-'
.
.
.
RODERICK E. MINAYA, CIVIL ACTION - AT LAW
Defendant CUSTODY
ORDBR
You, Roderick E. Minaya, Defendant in the above-captioned
custody action, have been sued in court to obtain custody of the
following children: Matthew R. Minaya
Mitchell L. Minaya
Michael J. Minaya
Marshall v. Minaya
You are ordered to appear in person at
on the
day of
1995,
at
.M. for
a Conciliation or Mediation Conference.
a Pre-Trial Conference.
____ a Hearing before the Court.
If you fail to appear as provided by this Order, an Order for
custody may be entered against you r or the Court may issue a
warrant for your arrest.
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
OFFICB SET FORTH BELOW TO FIND OUT WHERE YOU CAN GBT LEGAL HBLP.
OFFICB OF TBB COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSB
ONE COURTHOUSB SQUARE
CARLISLE, PBIIHSYLVAIIIA 17013
(717) 240-6200
FOR THE COURT:
CUSTODY CONCILIATOR
DATE:
A
CINDY R. MINAYA, : IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
. (L, CI.n~'~
.
v. . NO. 'IS - '/ !I 'II
.
RODERICK E. MINAYA, . CIVIL ACTION - LAW
.
Defendant . IN DIVORCE
.
NOTICE
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 for any claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other
rights important to you.
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,
Carlisle, Pennsylvania
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 TAJtB THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TBLEPHOHB THE
OFFICE SET FORTH BELOW TO FIND OUT 1fBBRB YOU CAN GET LEGAL BBLP.
COURT ADMINISTRATOR
CUMBBRLAHD COUNTY COURTHOUSB
1 COURTHOUSB SQUARE
CARLISLE, PA 17013
(717) 240-6200
CINDY R. MINAYA, : IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
vs. . No.
.
:
RODERICK E. MINAYA, CIVIL ACTION - LAW
Defendant IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTIONS 330l(c) or 330l(d)
OF THE DIVORCE CODE
The Plaintiffr Cindy R. Minaya, through her attorneys, The Law
Offices of Patrick F. Lauer, Jr., makes the following Complaint in
Divorce:
1. The Plaintiff, Cindy R. Minaya, is an adult individual
who currently resides at 1025 Orrs Bridge Road, Mechanicsburg,
Cumberland County, Pennsylvania 17013.
2. The Defendant, Roderick E. Minaya, is an adult individual
whose whereabouts are currently unknown.
3. The Defendant and the Plaintiff have been bona fide
residents of the Commonwealth of Pennsylvania for at least six
months immediately prior to the filing of this Complaint.
4. The Plaintiff and the Defendant were married on June 26,
1982 in Lebanonr Pennsylvania.
Count I-DIWRCE
5. Paragraphs one (l ) through four (4) are incorporated
herein by reference as if set forth specifically below.
6. There have been no prior actions of divorce or for
annulment between the parties.
7. The marriage is irretrievably broken.
8. The Plaintiff has been advised that counseling is
available and that the Plaintiff may have the right to request that
the court require the parties to participate in counseling.
9. This action is not collusive.
WHEREFORE, the Plaintiff respectfully requests this Honorable
Court grant the Plaintiff relief from the bonds of matrimony and
order a Decree in Divorce.
Count II-CUSTODY
10. Paragraphs one ( 1) through nine (9) are incorporated
herein by reference as if set forth specifically below.
11. There are four (4) dependent children by this marriage as
follows:
Matthew R. Minaya d.o.b. 6/13/1986
Mitchell L. Minaya d.o.b. 6/13/1986
Michael J. Minaya d.o.b. 9/22/1987
Marshall v. Minaya d.o.b. 3/20/1990
12. The Plaintiff seeks primary physical custody of all
children born of this marriage as set forth in Paragraph Eleven
(11) .
13. The minor children are in the custody of the Plaintiff.
14. The Father of the children is the Defendantr currently
residing at the above referenced address, Paragraph Two (2).
15. The Mother of the children is the Plaintiff, currently
residing at the above referenced address, Paragraph One (1).
16. During the past five years, the children have resided at
1025 Orrs Bridge Road, Mechanicsburg, Pennsylvania with the
Plaintiff and the Defendant.
17. The Plaintiff residess with the following persons:
Matthew R. Minaya, Mitchell L. Minaya, Michael J. Minaya, and
Marshall v. Minaya.
18. The Plaintiff has participated as a party or witness, or
in another capacity, in other litigation concerning the children in
Cumberland County which was a Protection From Abuse action of the
1995 civil term, docketed at number 4553-1995. That action awarded
temporary custody to the Plaintiff, Cindy Minaya, which this
petition intends to make permanent.
20. The Plaintiff does not know of a person not a party to
the proceedings who has physical custody of the children or claims
to have custody or visitation rights with respect to the children.
21. The best interests and welfare of the mincr children will
be served by granting the relief requested because:
a. The Plaintiff can provide the children with adequate
moral, emotional, and physical surroundings as required
to meet the children's needsl
b. The Plaintiff is willing to continue custody of the
children.
c. The Plaintiff continues to exercise parental duties
and enjoys the love and affection of the children.
d. The Plaintiff believes, and therefore avers, that the
Defenedant has a serious drug problem that has, and will
continue to endanger the safety and welfare of the
children, and which the Defendant has been unable to
successfully resolve.
22. Each parent whose parental rights to the child have not
been terminated and the person who has physical custody of the
child have been named as parties to this action.
WHEREFORE, The Plaintiff respectfully requests this Honorable
Court grant the Plaintiff rights of majority physical custody and
grant the Defendant rights of visitation.
COUNT III-EQUITABLE DISTRIBUTION
24. Paragraphs one (1) through twenty-three (22) are
incorporated herein by reference as if set forth specifically
below.
25. The parties have legally and beneficially acquired
property, both real and personal, during their marriage.
26. The Plaintiff and the Defendant have been unable, as of
the date of this Complaint, to agree as to an equitable division of
said property.
WHEREFORE, the Plaintiff, Cindy R. Minaya, respectfully
requests this Honorable Court to equitably divide all marital
property and to enjoin it from being removed, disposed of,
alienated, sold, or otherwise encumbered pending final hearing and
settlement of all claims. The Plaintiff further requests the Court
to incorporate any Stipulation reached by the parties regarding the
division of marital property into the divorce decree; or, should
COUNT IV-ALIMONY
27. Paragraphs one (1) through twenty-six (26) are
incorporated herein by reference as if specifically set forth
below.
28. The Plaintiff is unable to sustain herself during the
course of litigation.
29. The Plaintiff lacks sufficient property to provide for
her reasonable needs and is unable to sustain herself through
appropriate employment.
30. The Plaintiff requests the Court to enter an award of
alimony in her favor pusuant to sections 3701(a) and 3702 of the
Divorce Code.
WHEREFORE, The Plaintiff respectfully requests the Court to
enter an award of alimony in her favor persuant to sections 370l(a)
and 3702 of the Divorce Code.
Date, .,/1 AS'
Re:tt1: U"~boitted.
Matthew J. Eshelman, Esquire
Law Offic s of Patrick F. Lauer, Jr.
2108 Mark t Street, Aztec Building
Camp Hill Pennsylvania 17011-4706
ID' 72655 Tel. (717) 763-1800
CINDY R. MINAYA, . IN THE COURT OF COMMON PLEAS
.
Plaintiff . OF YORK COUNTY, PENNSYLVANIA
.
.
.
VS. . No.
.
.
.
RODERICK E. MINAYA, . CIVIL ACTION - LAW
.
Defendant . IN DIVORCE
.
VERIFICATION
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.s. S 4904, relating to unsworn
falsification to authorities.
Date: .....:J.( (jq5
(
'"
C~ ;~1
Cindy R.
Signature:
CINDY R. MINAYA, . IN THE COURT OF COMMON PLEAS OF
,
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
,
vs. . No. 95-4871 CIVIL TERM
.
.
.
RODERICK E. MINAYA, . CIVIL ACTION - AT LAW
.
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the
foregoing Inventory and Appraisement, Income and Expense Statementr
and Pre-Trial Statement upon the person, and in the manner, indicated
below, which service satisfies the requirements of the Pennsylvania
Rules of civil Procedure, by depositing a copy of the same with the
United States Post Office at Camp Hill, Pennsylvania, through first
class mailr prepaid and addressed as follows:
Roderick E. Minaya
P.O. Box 823
Camp Hill, PA 17011
(Defendant Pro Se)
;..b".. fell EI.<:Ia" ts.'9'
q .u, llA",~r soL
Co.'! 1,~l..L.,?A 1"70(30 ~
Respectfully submitted,
(
,-- ,
r-( l&-
,o/nk
Date: " r
Matthew J, shelmanr Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID' 72655 Tel. (117) 763-1800
CINDY R, MINAYA, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. . No. 95-4871 CIVIL TERM
.
.
.
RODERICK E. MINAYA, CIVIL ACTION - AT LAW
Defendant . IN DIVORCE
.
PLAINTIFF'S AFFIDAVIT OF CONSBNT
UNDBR SBCTION 330lfcl OF THB DIVORCB CODB
1. A complaint in divorce under Section 330l(c) of the
Divorce Code was filed on ,<.>(',)4\1\1)<"1 /3 I'h\-
\ .
2. The marriage of the Plaintiff and the Defendant is
irretrievably broken and ninety days have elapsed from the date
of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce
after service of notice of intention to request entry of the
decree.
4. I verify that the statements made in this affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. S 4904 relating to
unsworn falsification to authorities.
DATE: (- - '(. 'I Y
. -)
, I - {\'
',. "', K ~~~~
Cindy . Mina a
Signature:
CINDY R. MINAYA, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
vs. . No. 95-4871 CIVIL TERM
.
.
.
RODERICK E. MINAYA, . CIVIL ACTION - AT LAW
.
Defendant . IN DIVORCE
.
PLAINTIFF'S WAIVER OF NOTICB OF INTBlfrION
TO REQUEST BNTRY OF A DIVORCB DBCREB
UNDBR SBCTION 33011cl OF TBB DIVORCB CODB
1. I consent to the entry of a final decree of divorce
without notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees, or expenses if I do not
claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the decree will
be sent to me immediately after it is filed with the
prothonotary.
4. I verify that the statements made in this affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. S 4904 relating to
unsworn falsification to authorities.
DATE:
~ II 'I ~
Signature:
'- .,' ....., ....4,
Cindy
CINDY R. MINAYA,
Plaintiff
vs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 95-4871 CIVIL TERM
RODERICK E. MINAYA,
Defendant
CIVIL ACTION - AT LAW
IN DIVORCE
DBFBNDAN'l"S AFFIDAVIT OF CONSBIIT
UNDBR SBCTION 33011cl OF TUB DIVORCB CODB
1.
A complaint in div.or~e.~nder;Sect~on 3301(c) of the
Code was filed on J::.(ftJ/f4;; /'):fifi.
The marriage of the Plaintiff and the Defendant is
I Divorce
,i
'i
2,
irretrievably broken and ninety days have elapsed from the date
of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce
after service of notice of intention to request entry of the
decree.
4. I verify that the statements made in this affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. S 4904 relating to
unsworn falsification to authorities.
DATB I Q '-"^i '1 I' f L\""
, .
/'
Signature:
!) k .'{. C )z,t
~ ,-' '/"-, L \._ ,.~
Roderick B. Minaya .
"
,- (""J
"
, .
1
\'
~
I , .:
( ) e" U
CINDY R. MINAYA, , IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
vs. No. 95-4871 CIVIL TERM
.
.
RODERICK E. MINAYA, CIVIL ACTION - AT LAW
Defendant . IN DIVORCE
.
DBFENDANT'S WAIVBR OF NOTICB OF IN'l'BNTION
" TO RBQUBST BN'l'RY OF A DIVORCB DBCRBB
UNDBR SBCTION 3301/cl OF THB DIVORCB CODB
1. I consent to the entry of a final decree of divorce
without notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees, or expenses if I do not
claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the decree will
be sent to me immediately after it is filed with the
prothonotary.
4. I verify that the statements made in this affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. S 4904 relating to
unsworn falsification to authorities.
("',
DATE: if ~J,1.J 't l'I'i"){'
</
'" l~~tt< t- ~. . f1 L. "'" ~
ROderick E. Minaya )
Signature:
CINDY R. MINAYA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 - 4871 CIVIL
vs.
RODERICK E. MINAYA,
Defendant
IN DIVORCE
AND NOW,
ORDER OF COURT
this ~ day oi
, 1998,
the parties and counsel having entered into an agreement and
stipulation resolving the economic issues on June 4, 1998, the
date set for a Master's hearing, the agreement and stipulation
having been transcribed and subsequently signed by the parties
and counsel, the a~pointment of the Master is vacated, and
counsel can conclude the proceedings by the filing of a praecipe
to transmit the record with the affidavits of consent of the
parties so that a final decree in divorce can be entered.
cc:
Matthew J. Eshelman
Attorney for Plaintiff
Roderick E. Minaya
Pro Be
P.J.
Ct-p~ ()>~J..J. ~/tjl'if.
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- .J'J...J'
CINDY R. MINAYA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 95 - 4871 CIVIL
vs.
.
.
RODERICK E. MINAYA,
Defendant IN DIVORCE
THE MASTER: Today is Thursday, June 4, 1998.
This case was originally scheduled for a Master's hearing on
Tuesday June 2, 1998; however, Mr. Minaya called the Master's
office the morning of June 2, 1998, indicating that he just
received notice of the hearing and would like to request a
continuation because he did not have transportation that date to
Carlisle. Mrs. Minaya did appear on June 2, 1998, with her
counsel and the Master explained to them that he would continue
the case two days, until June 4, 1998, allowing Mr. Minaya an
opportunity to appear and to participate in the proceedings.
Both parties are present today in the hearing room,
Cindy R. Minaya is with her counsel Matthew J. Eshelman and
Roderick E. Minaya is present without counsel.
Mr. Hinaya, is it your intention to proceed today
without counsel?
HR. MINAYA: Yes, it is.
THE MASTER: And you're satisfied that you
understand what has preceded today in this meeting that you've
had with Mr. Eshelman?
HR. MINAYA: Yes, I do understand.
THE MASTER: A divorce complaint was filed on
September 13, 1995, raising grounds for divorce of irretrievable
breakdown of the marriage. The parties have both signed
affidavits of consents and waivers of notice of intention to
request entry of divorce decree so that the divorce can be
concluded under section 3301(c) of the Domestic Relations Code.
The affidavits and waivers will be filed by the Master with the
Prothonotary's office today.
The divorce complaint was reinstated August 20,
1997, and served on Mr. Minaya by certified mail restricted
delivery. The return receipt card has been provided to the
Master by Mr. Eshelman and will be part of the file. The card
shows date of aelivery as August 28, 1997.
Mr. Minaya, I show you the return receipt card
dated August 28, 1997; is that your signature on the return
receipt card?
MR. MINAYA: Yes, it is.
THE MASTER: The parties were married on June 26,
1982, and separated July 19, 1995. They are the natural parents
of four children, whose names and dates of birth are as follows:
Matthew R. June 13, 1986;
Mitchell L. June 13, 1986;
Michael J. September 22, 1987;
Marshall V. March 2, 1990.
The children are currently in the custody of the
wife and husband is under an order for payment of child support
in the amount of $344.00 per month. That payment is made
through the Cumberland County Domestic Relations Office.
The complaint that was filed raised the economic
claims of equitable distribution and alimony. No claims were
raised for counsel fees and expenses.
The Master has been advised that after discussion
today between the parties, and with Mr. Eshelman's
participation, the parties have reached an agreement with
respect to the outstanding economic issues and as noted have
agreed to obtain the divorce under the no-fault provisions of
the Divorce Code, Section 3301(c).
Mr. Eshelman is going to state the agreement of the
parties on the record in the presence of the parties. The
agreement as stated on the record will be considered the
substantive agreement of the parties not subject to any changes
or modifications except for correction of typographical errors
which may be made during the transcription. That means that
after the agreement is stated on the record, in your presence,
there will be no substantive changes and that the agreement as
stated will be considered your agreement when you leave the
conference room. The only changes that we will make will be to
correct typographical errors.
The parties are going to return after we have the
agreement placed on the record to review for typographical
errors and then affix their signatures. The Master will then
prepare an order vacating his appointment and Mr. Eshelman can
file a praecipe transmitting the record to the Court requesting
a final decree in divorce.
The parties have submitted the stipulation that the
Master has requested in accordance with Local Rule 1920.53-2,
which will be made part of the record.
The Master has been advised that there may be some
mention in the agreement regarding custody of the children and
the rights of the parties with respect to the children. It is
noted that although the Master has no jurisdication over the
issue of the custody and partial custody and visitation, that
the parties can put the statement/agreement on the record with
respect to those issues with the understanding that any matters
of disagreement which may arise will have to be referred to the
custody conciliator and ultimately the Court in separate
proceedings. Mr. Eshelman.
MR. ESHELMAN: The parties have specifically agreed
with respect to matters of equitable distribution as follows:
1. Husband is to sign over title to the marital residence
located at 1025 Orrs Bridge Road, Mechanicsburg,
Pennsylvania. Upon the eventual sale, refinance, or
other transfer of any interest in the marital residence,
and if there are net proceeds of the transfer greater
than or equal to $10,000.00 (i.e. after payment of the
existing mortgage and customary costs of sale) wife shall
transfer the total amount of $5,000.00 into trust under
the Pennsylvania Uniform Transfers to Minors Act to be
equally divided among the parties' four children when
they shall reach the age of 21 years. It is understood
that upon each child attaining the age of 21 years, that
child will be entitled to his share of the trust.
wife agrees to assume liability for the Accubank mortgage
on the marital residence and to indemnify and hold
husband harmless therefrom. Upon request, wife agrees
to make a good faith effort to refinance said mortgage in
order to remove husband's name therefrom.
2. Husband is to retain the Terrace Mountain property in
Huntingdon County and wife shall release any claims
that she may have thereon.
3. Each party is to retain their own pension. Each party
agrees to maintain the party's natural born children as
beneficiaries thereto.
4. Husband agrees to transfer the title to the 1989
Plymouth Voyager to Wife upon request.
This Court has asked the Pennsylvania Department of
Transportation to accept this order as accession by
husband to the transfer as his signature.
5. Husband is to retain the 1967 Plymouth Barracuda, the
vehicle to be picked up by December 31, 1998.
6. Each party is to retain and assume responsibility for
their respective Sears' cards.
Husband is to assume responsibility for the Discover
credit card debt. The dischargeability of these debts
in bankruptcy is permitted.
7. Any future capital gains tax issues or costs of transfer
of these assets are to pass along with that corresponding
asset.
8. The parties desire to ensure the ability of husband to
see the parties' children upon reasonable notice. with
reference being made to the introductory remarks of the
Master, primary physical, and legal custody of the
children shall be in the mother with partial custody and
visitation to the father. When the father is in the area
and is able and desires to exercise a partial physical
custody and/or visitation of the children, the parties
agree that with a 72 hour notice to mother that father be
permitted to spend every other weekend, commencing June
6, 1998, and alternating the holidays of Easter, Memorial
Day, July 4th, Labor Day, Thanksgiving Day, Christmas
Eve, and Christmas Day, commencing with the father at the
July 4th holiday, and in addition that each parent be
guaranteed the ability to spend two weeks of
uninterrupted custody or visitation in the summers. It
is the intent of the parties that this arrangement be
phased in, starting with a couple of evenings and
progressing to weekends from there.
9. Husband agrees to relinquish any claim to other
property which may be in possession of wife, and wife
agrees to relinquish any claim to any property which may
currently be in the possession of husband, with the
following specific exceptions to become property of
husband so long as they are picked by December 31, 1998,
after which time wife may dispose of:
vinyl records; pressboard trunk; stereo with turntable;
1218-5 turntable; amplifier; Fisher speakers; the record
stand; the triple balance and Chemistry set; hand tools;
power tools; workmate bench; bedroom dresser; the filing
cabinet and contents; pedestal table; photographs;
rocking chair; yellow afghan; three bookcases;
typewriter; personal clothing; stoneware; some glasses,
pots, and pans; all silver silverware and flatware; set
of golf clubs; art easel, acrylics, and canvas; boxes of
books and papers; camping gear; and any coins and stamps
and collectibles.
10. The alimony count filed by wife is deemed to be waived,
settled, and marked discontinued.
11. Except as herein otherwise provided, each party may
dispose of his or her property in any way and each party
hereby waives and relinquishes any and all rights he or
she may now have or hereafter acquire under the present
or future laws of any jurisdiction to share in the
property or the estate of the other as a result of the
marital relationship including without limitation,
statutory allowance, widow's allowance, right of
intestacy, right to take against the will of the other,
and right to act as administrator or executor in the
other's estate. Each will at the request of the other
execute, acknowledge, and deliver any and all instruments
which may be necessary or advisable to carry into effect
this mutual waiver and relinquishment of all such
interests, rights, and claims.
MR. ESHELMAN: For the record, Mrs. Minaya, you've
heard the agreement as I've read it into the record, do you
agree with each of the terms as they have been read and do you
understand them?
MS. MINAYA: Yes.
THE MASTER: Mr. Minaya, you have been present
during the statement of the agreement on the record?
MR. MINAYA: Yes.
THE MASTER: And do you understand the statement as
made on the record?
MR. MINAYA:
THE MASTER:
I believe I do. Yes.
And do you have any questions about
it?
MR. HINAYA: Not at this time.
THE MASTER: You understand that after we leave
here today that the agreement, even though it's not signed, will
be considered the agreement of the parties?
HR. HINAYA: Yes.
THE MASTER: And you understand that you are going
to return later today to review the agreement for typographical
.
errors and then affix your signature by way of affirmation of
the terms of the agreement?
MR. MINAYA: Yes.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend to
bind myself to the settlement as a contract obligating myself to
the terms of settlement and subjecting myself to the methods and
procedures of enforcement which may be imposed by law and in
particular Section 3105 of the Domestic Relations Code.
WITNESS:
~r~(";
DATE:
/') ~
L-lv
Clndy R. Mlnaya
0....
J. Eshelman
or Plaintiff
~
c .
~~h~~
Roderlck E. M naya
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No, 95-4871 CIVIL TERM
CINDY R. MINAYA,
Plaintiff
RODERICK E. MINAYA,
Defendant
CIVIL ACTION - AT LAW
: IN DIVORCE
DBFENDANT'S PRE-TRIAL STATEMENT PBR Pa. R.C.P. RULE 1920.33fbl
(1) (i) Marital Assets: See the Inventory submitted by the
Plaintiff per Pa.R.C.P. Rule 1920.33(a) and filed as of record for
a list of the marital assets, their value, the date of the
valuation, whether any portion of the value is non-marital, and any
liens or encumbrances thereon.
(1) (ii)Non-Marital Assets: See the Inventory submitted by the
Plaintiff per Pa.R.C.P. Rule 192C.33(a) and filed as of record for
a list of the marital assets, their value, the date of the
valuation, whether any portion of the value is non-marital, and any
liens or encumbrances thereon.
(2) EXDert Testimonv: No documents which Plaintiff currently
intends to offer into evidence have been exchanged with the
opposing party. However, Plaintiff intends to call no expert
witnesses at trial unless demand for the witness' presence is made
within seven (7) days of the receipt of this Pre-Trial Statement.
(3) witnesses: Plaintiff intends to call Cindy R. Minaya of
1025 Orrs Bridge Road, Mechanicsburg, Pennsylvania 17055 to testify
regarding the factors set forth in Section 3502(a) of the Divorce
Code.
(4) Exhibits: Plaintiff reserves the right to enter the
following exhibits:
(A) Comparative market analysis of marital residence
(B) Real estate appraisal of marital residence
(C) Accubanc Mortgage monthly billing statements, DOS and Current
(D) Comparative market analysis of Terrace Mountain
(B) Real estate appraisal of Terrace Mountain
(Fl Statements of value of retirement plans of Husband
(G) Statements of value of retirement plans of Wife
(H) Blue Book valuations of marital vehiclesr DOS and Current
(I) Statements of account, Discover card, DOS and Current
(J) Statements of accountr Sears cards, DOS and Current
(X) Medical invoices of the parties
(L) Cumberland County Order of Court, August 28, 1995
(5)
Statement
income.
Plaintiff's Income: See Plaintiff's Income and Expense
filed as of record for a statement of Plaintiff's current
(6)
Statement
expenses.
(7) Pension and Retirement Benefits: Both parties worked for
the Commonwealth of Pennsylvania throughout the course of their
thirteen year marriage. Defendant's pension is worth considerably
more than Wife's. The Defendant receives $706.00 per month from
his S.E.R.S. pension after having cashed out a lump sum payment of
$35,000.00, The parties jointly applied for a hardship
disbursement from Wife's S.E.R.S. pension shortly after their
marriage. As a result, Defendant's pension is worth considerably
more than Wife's. In comparison to the Defendant's $706.00 per
month, Wife received only $50.00 per month when she left the State
in Fall of 1995. Wife subsequently returned to work with the State
and her retirement plan was reinstated to deferred status.
Plaintiff's EXDenses: See Plaintiff's Income and Expense
filed as of record for a statement of Plaintiff's current
(8) Attornev' s Fees: Neither party has requested an award of
attorney's fees or costs.
(9) Tanaible Personaltv Valuation: See the Inventory
submitted by the Defendant per Pa.R.C.P. Rule 1920.33(a) and filed
as of record for a list of all household furnishings or other
personalty where distribution of such items is disputed.
(10) Marital Debts: The parties hold a mortgage with Accubanc
secured by the marital residence which had an outstanding balance
as of the date of separation of approximately $75,000.00. Since
the date of separation, the Plaintiff has made all payments for the
mortgage, taxes, maintenance, and repairs. The parties jointly
held a Discover credit card, having a balance of approximately
$6,000.00 as of the date of separation, stemming primarily from a
series of large cash advances taken by the Defendant. Each of the
parties also held an individually-titled credit card with Sears
with balances of approximately $800.00 each as of the date of
separation. The Plaintiff filed for personal bankruptcy in
February of 1997. The Plaintiff also incurred several hospital-
related medical bills on or about the date of separation of the
parties, which were not discharged.
(11) SummArv of Scecial Issues of Interest: The Defendant
respectfully submits the following special issues to the attention
of the Court:
WASTB OF MARITAL ASSBTS: One of the considerations to be
taken into account in making an equitable distribution of the
marital estate is the di8sipation of a party in the preservation of
the marital estate. Between February of 1994, through the date of
separation in August of 1995, and up to the present, the Defendant
has engaged in the systematic depletion of marital assets. The
Defendant was responsible for paying the marital debts with the
joint marital income. The Defendant, however, made personal use of
the marital income rather than paying the debts. In June of 1995,
the Defendant was asked to retire by his employer. The Defendant
recieved a partial lump sum distribution of his pension in the
amount of $35,000.00. He applied between $15,000 and $20,000
toward the past due marital debts; bringing them current, but not
paying them off. The Defendant distributed an additional $5,000 to
Wife, who used the funds in their entirety as maintenance for
herself and the parties' four children for food, shelter, clothes,
and transportation. The remainder of the funds, constituting some
$10,000 to $15,000 were spent by the Defendant, outside of the
marriage, without receipt of consideration. The specific reasons
for this dissipation are not detailed in this Pre-Trial Statement
pending a determination by the Master regarding degrees of
admissibility.
(12) ProDosed Resolution of the Economic Issues: Defendant
suggests an overall division of the marital assets as follows:
Wife would retain the marital residence and assume
responsibility for the mortgage thereon. Defendant to pay alimony
indefinitely in an amount equal to $344.00 per month less any
amount paid by Defendant to Wife as child support in that given
month. Wife to indemnify Defendant regarding, and make a good
faith effort to refinance, the Accubanc mortgage, thereby removing
Defendant's name.
The Terrace Mountain property to remain with the Defendant.
Each party to retain their own pension. Defendant to transfer
title to the 1989 Plymouth Voyager to Wife. Defendant to retain
the 1985 Chevrolet Blazer and the 1968 Plymouth Barracuda.
Each party to retain and assume responsibility for their Sears
card. Defendant to assume the Discover card debt. The
dischargeability of these debts in bankruptcy being permitted. Any
future capital gains tax issues or costs of transfer of the
remaining assets are to pass along with the corresponding asset.
!o{nbt-
Date: r
RespectfP. lly 1~.] Pm..' itted,
~'tkl ,
Matthew J: tShelman, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID' 72655 Tel. (717) 763-1800
CINDY R. MINAYA,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 95-4871 CIVIL TERM
RODERICK E. MINAYA,
Defendant
CIVIL ACTION - AT LAW
IN DIVORCE
VERIFICATION
I, Cindy R. Minaya, state that I am the Plaintiff in the
above-captioned case and that the facts set forth in the above
Pre-trial Statement are true and correct to the best of my
knowledge, information, and belief.
I realize that false
statements herein are subject to the penalties for unsworn
falsification to authorities under 18 Pa. C.S. S 4940.
L!.- '~l/< .11..:.. ~
Date: to l"l "if
8 S. BaDover Street
C'ArIiIIe, PA 17018
(717) 249-8)71
THE LAW OFFICES OF PATRICK F. LAUER, JR.
2108 MARKET STREET, AZTEC BUILDING
CAMP HILL, PENNSYLVANIA 17011
(717) 7611-1800 FAX (717) 76.'H247
HIOO-822....LAW
48 S. Duke Street
York, PA 17401
(717) 1146-1 'lIl9
982 N. 6-wvI Street
Harriaburr. PA 17102
(717) 232-7747
~~ CouoaeI
".tthew J. 1i'..m..ImA'l. EtIq.
JtltIDII6 B. WIgbeIa, EtIq.
(Reply to ClImp Bill AddretIa)
415 N. High Street
))t.........""". PA 17020
(717) 8M-48(6
September 17, 1997
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
ReI Cindy R. Minaya v. Roderick E. Minaya
No.1 95-4871 Civil
In Divorce
Dear Mr. Elicker:
I received your letter dated September 15, 1997 regarding the
above-captioned divorce case. Fortunately, we were able to serve
Mr. Minaya a copy of the reinstated Divorce Complaint and the
Affidavit under S 330l(d) by certified, restricted mail on
August 28, 1997. Please find enclosed copies of the Praecipe to
Reinstate the Complaint, the Affidavit under S 3301(d), the
Complaint service letter to Mr. Minaya, and the Return Receipt
signed by Mr. Minaya.
If you need any further assistance, or have any questions, please
do not hesitate to contact me.
very~~urs,
Matthew J. Eshelman, Esquire
MJE/mmb
Enclosures
cc: Ms. Cindy Minaya (with enclosures)
tJ-J..I.d,. \U.~"~'t' (CfIl/(<,;. ~ 1:11"u I ,t\ du'!." (.~.;\(
CINDY R. MINAYA, I
Plaintiff I
I
VS. .
.
.
.
RODBRICK B. MINAYA, .
.
Defendant .
.
IN THB COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PBNNSYLVANIA
No. 95-4871 Civil
CIVIL ACTION - LAWf-;
IN DIVORCB "TO' ,
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PRAECIPE TO RBIRSTA'l'B TBB COMPLAIft~ r-
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To the Prothonotary:
Please reinstate the Complaint in the above-captioned
matter.
~
Datez
Matthew Bshelman, Bsquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID' 72655 Tel. (717) 763-1800
,I
I'
,
,I
"
II
II
"
II
I:
CINDY R. MINAYA,
Plaintiff
I IN THB COURT OF COMMON PLEAS OF
I CUMBBRLAND COUNTY, PBNNSYLVANIA
I
I No. 95-4871 CIVIL TBRM
I
I CIVIL ACTION - AT LAW
: IN DIVORCB
vs.
RODBRICK B, MINAYA,
Defendant
n
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......
~
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'.
NOTICB TO TBB DBPBHDAIIT
"
rT.,. 1-' . i:!l
IF YOU WISH TO DBNY ANY OF THB STATBMENTS sET F~H I~THIS
AFFIDAVIT, YOU MUST FILB A COUNTERAFFIDAVIT WITHI~TWENH (~~ DAYS
AFTER THIS AFFIDAVIT BAS BEBN SERVED ON YOU OR THR: STATSME WILL
~ .' .. ."
BS ADMI'l"l'BD. :'~' -- '-Jo
;')o;~ l.=> "jr.1
AFJ!'IDAVIT UNDER S 3301(dl OF THE DIVORcs?;.cO.ji ~
1. The parties to this action separated on 7/19/95 and have
continued to live separate and apart for a period of at least two I
" years.
I'
2. The marriage is irretrievably broken.
;1
I,
.,
I,
1'1
division of property, lawyer's fees or expenses if I do not claim
.
!i
:,
I,
Ii I verify that the statements made in this affidavit are true
I
and correct. I understand that false statements herein are made
3. I understand that I may lose rights concerning alimony,
them before a divorce is granted.
subject to the penalties of 18 Pa. C.S. S 4904 relatinq to unsworn
falsification to authorities.
!: DATB:~
"
'I
Ii
'I
,I
II
"
Cind~/l~til17
8 S. II.IDIrIer Street
CarIWe, PA 1'/018
(717) 24lHlII'1l
TBB LAW OPPICBS OF PATBlCK F. LAlJBB, JlL
2l0811ABKBT a'1"1m51', KJJrEC BUILDING
CAMP BILL, PBHNSYLVANIA 1'1011
(717) '188-1800 FAX (717) ~7
1-8OO-8Z1+LAW
48 S. Dub Street
YarIr, PA 17401
(717) 8C&-1'/118
982 N. s.....d ~
H8rri8bur& PA 17102
(717) 232-Tl47
~. Coo--'
v_'-J.ll'~ E8q.
'11 N. BI&b Btnlet
])11I--......... PA 1'1020
(717) sat tMIi
(RepI,y to C'Amp HiD~)
August 22, 1997
Hr. Roderick Minaya
P.O. Box 823
Camp Bill, PA 17011
Dear Hr. Minaya:
Please be advised that I represent your wife regarding a divorce
action initiated against you. I am herewith serving you a copy of
the Complaint in Divorce which was filed at your wife's request.
Please be aware that you have a limited time in which to file a
response should you disagree with any of the information contained
in the accompanying Complaint or Affidavit.
Receipt of the Complaint started a twenty day waiting period that
is required by law prior to the divorce becoming finalized. During
this period, either you or your wife may petition the Court and
request marital counseling. It is also advisable that the two of
you attempt to work out arrangements concerning issues such as
equitable distribution of marital property and payment of debts
during this period. These arrangements can be drafted as a
Property Settlement Agreement and signed by both parties prior to
the divorce becoming final.
If all necessary issues are resolved by the close of the twenty day
waiting period, we will notify you of our intent to prepare and
submit the final documents to Court. A final Decree can be
obtained within twenty days one to two weeks following this
submission. I hope that we will be able to resolve all issues
without undue expense or inconvenience to all concerned.
Page 2
Minaya/service/Bshelman
Very truly yours,
Please feel free to contact me about any questions you may have or
to seek independent legal advice.
MJB/mmb
Bnclosure
CCI Cindy R. Minaya
Mailed to: Roderick Minaya
Certified Mail I P 224 575 200
Date Mailed: August 22, 1997
"""~ J. 't~ 19
Matthew J. Bshelman, Bsq.
~.r.~~ do...
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i .~.;.. 1 -..2 lot _ _ 18110 wllIl to rectIv8 till
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7.011.
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'025ll0-97.Jl.<),,. Domestic Retum eceipt
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PS Form 3800. Apri!1895 n'U ..p. b U
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.
No.
95-4871 Civil
,
I CINDY R. MINAYA,
I Plaintiff
I
I VB.
I RODERICK E. MINAYA,
i Defendant
I
I
\1
I
I
Ii To the Prothonotary:
:1
'I
i
i Please reinstate the Complaint in the above-captioned
,I
" matter.
11
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
.
.
.
.
CIVIL ACTION - LAW
IN DIVORCE
.
.
PRAECIPE TO REINSTATE TUB COMPLAIH'l'
,!
U~l[~tted'
Date:
Matthew ~ Eshelman, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID' 72655 Tel. (717) 763-1800
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Cindy R. Minaya,
I~ THE COURT OF COMMON PLEAS OF
Ct.'MII ERL\Nll COUNT'l, PENNSYLVANIA
Vll.
Plaintiff
Roderick E. Minaya,
liOTION FOR APPOnmmrr OF MASnR
Cindv R. Minava. (Plaintiff) ~X~X,
a mallter with respect to the following claims:
( Xlf Divorce
( ) Annulment
( XlJ Alilllony
( ) Alilllony Pendente Lite
and in support or the motion states:
(1) Discovery is cO~,lete as
appoinonent of a master is requested.
(2) The defendant l(~ (has
Ctllrxk1clClRail_..(
(3)
Breakdown
(4)
(6) The hearing is expected
(7) Additional information,
1
a~te~~tinq re-service.
Vla-lCJ.l
, <<
~lI!Y_VX
dI'16"IIIll(XXXXX
or fact.
Currently
Date:
95-4871 Civil ~XXX
Defendant
~O.
moves the court to appoint
(XX)
( )
( )
( )
Distribution of Property
Support
Counsel Fees
Costs and Expenses
to the claims(s) for vhich the
not) appeared in the action (personally)
x~~
The staturory ground(s) ror divorce (is) lClOtdO Irretrievable
Delete the inapplicable paragraph(s):
(a) The action is not contested.
lQJX~ll~""HII"~K~ltUGalIICIKIIIObCJaJ(O*XXXDl~
lOe1XXDbtXXOCOCDalQXUlCOUlC<<DIIdXJMb(lClIIPIKXXXOCldllextocllaXw~
(5) The action ~I~X (does not involve) co~lelt issues of law
to take
if any.
1
one ~~ (days).
relevant to the motion:
Attorney for (Plainti::)
(Bat ~tlll.R ~)
ORDER AP!'OI~DlG :iASTER
AND NOW ~.J ~.,I,. =,19.!J.:Z, -.
is appo1nt'd~ct to the following cla1Ql:
Esquire,
}
!Iv, e Court:
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C, fJD'I 'P. /vCUA'I1I
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO.
l/gy! CIVIL
197<:)
~u:RI(l< i: . (/1,AJA'(A
Defendant
IN DIVORCE
STIPULATION OF PARTIES AND COUNSEL
C~.,J'I i<. l'\tiA~'r
IUl<;'" C'(ISRCdff m.
i\')!~ rll IlG<;~
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Oetv.':hl ,~" (1'1 k "rr;~
\
A) Plaintiff: Name, address, age, occupation
Defendant: Name, address, age, occupation
~L.I ;ci" t. (,t.h/'U),\,o.. 0'C'.,.sl ~-;;
r I r / /
pc'I~" 8:)'3 rrvYIO, ~( (lvu~L<-+/rrf.;,-(' j
(' , I ,'1
~'''''('II; l( (.1 rlcal -05',~~
B) When the method of service of the complaint has been by
registered (certified) mail: f' :J.Jl/ <;'7\ .;Ui<,)
The sianature on the return receint card is the
,ianature of the Defendant.
C) Date and place of marriage:
(, (.)~ ( 1'1
-L.c.bm 1C," (. U\ \~. 111
I
and we stipulate that said facts can be made part of the record
as if specifically testified to under oath at a hearing in these
proceedings.
Plaintiff: Date: Counsel for Plaintiff:
C;:~ K ~~I G II (C;'t l Ll<a IA...
Defendant: Date: Counsel for Defendant:
f? ~q 7'~~ iLl 't (q I? JJ!A
I
IN TUB COURT OP COMMON PLEAS OP CUMBBRLAHD COUNTY, PBHHSYLVAHIA
OFFICE OP TUB DIVORCE MASTER
CINDY R. MINAYA
1025 Orr's Bridae Rd.
Mechanicsbura. PA 17055
No. 95-4871 Civil
Action in Divorce
vs.
RODERICK E. MINAYA
P.O. Box 823
CamD Hill. PA 17011
PLAINTIFF'S ATTORNEY: DEFENDANT'S ATTORNEY:
Matthew J. Eshelman Pro Se
Law Offices Patrick Lauer
2108 Market Street
CamD Hill. PA 17011
IIIVI51'l".L'ORY OP Plaintiff. Cindy R. Minava
(X) Plaintiff ( ) Defendant files the following Inventory and
Appraisement of all property owned or possessed by either party at the
time this action was commenced and all property transferred within the
preceding three years.
(X) Plaintiff () Defendant verifies that the statements made in
this Inventory and Appraisement are true and correct.
(X) Plaintiff ( I 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.
Date I 10 -"-'\~
Signedl
L2~~,~. f't~
ASSETS OF TBB PARTIES PAGB
(X) Plaintiff ( ) Defendant marks on the list below those items
applicable to the case at bar and itemizes the assets on the following
pages.
(X) 1.
(X) 2.
( ) 3.
( ) 4.
( ) 5.
( ) 6.
( ) 7.
( ) B.
( ) 9.
( ) 10.
( ) 11.
I ) 12.
I ) 13.
I ) 14.
( ) 15.
( 16.
( ) 17.
(X) 18.
( ) 19.
( ) 20.
( ) 21.
( ) 22.
( ) 23.
( ) 24.
(X) 25.
( ) 26.
Real property
Motor vehicles
Stocks, bonds, securities, and options
Cerificates of deposit (CD's)
Checking accounts, cash
Savings accounts, money markets, and savings
certificates
Contents of safe deposit boxes
Trusts
Life Insurance Policies (indicate face value, cash
surrender value, and beneficiaries)
Annuities
Gifts
Inheritances
Patents, copyrights, inventions, and royalties
Personal property outside the home
Business (list all owners, including percentage of
ownership, and officer/director positions held by a
party with the company)
Employment termination benefits - severance pay,
workman's compensation claims/awards
Profit sharing plans
Pension plans (indicate employee contributions and the
date on which plan vests)
Retirement plans, Individual Retirement Accounts
Disability payments
Litigation claims (matured and unmatured)
Military/VA benefits
Education benefits
Debts due, including loans, mortgages held
Household furnishings and personalty (include as a total
category and attach itemized lists if distribution of
such assets is in dispute)
Other -
MARITAL PROPERTY
(X) Plaintiff ( ) Defendant 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 Description Names of Est'd Date of
1f11"'''''r of Pronertv All Owners Value Valuation
1. Lump Sum Retirement H 35,000.00 08/95
Payout (Transferred)
2. Marital Residence & contents J 95,000.00 08/95
(less Mortgage) (75,000.00)
3. Terrace Mountain Property H 20,000.00 08/95
(less DOH value) (10,000.00) 06/82
4. Plaintiff's Pension H 706/mo 08/95
5. Defendnat's Pension W SO/mo 08/95
6. 1985 Chevy Blazer H 2,000.00 08/95
7. 1989 Plymouth Voyager H 1,000.00 08/95
8. 1968 Plymouth Barracuda H 500.00 08/95
NON-MARITAL PROPERTY
(X) Plaintiff ( ) Defendant lists all property in which a spouse
has a legal or equitable interest which is claimed to be excluded from
marital property (letters in parentheticals indicate title to asset):
Item
Hl1l11hAr
Description
of PrODertv
Reason for
Exclusion
Est'd
Value
Date of
Valuation
NOHB
LIABILITIES OF TBB PARTIES
Item Description NlUIIes of NlUIIes of AIIIount
N,""hAr of Prooertv All Creditors All Debtors ~
12. Credit Card (08/95) Discover J $6,000
13. Credit Card (08/95) Sears H 800
14. Credit Card (08/95) Sears W 800
15. Hospital Bills (08/95) Carlisle J 66
Hospital
:,
In the Court or Common Pleas or CUMBERLANO
County, Pennsylvania
Phone:
FIX:
Plaintiff Name:
Defendant Name:
Docket Number:
PACSES Case Number:
Other Slate ID Number:
.... -: All coms.......e _."'1IIe PACSES c_~.
Income and Ii:rnPncp Statement
THIS FORM MUST BE FILLED OUT
(If you are self-cmployed or If you are salaried by a business of which you are OWDeI' io whole or pan, you DDISl
also lill out Ibe Supplemeula1l0e0me SwemcDl which appears 00 the last pale of Ibis IIIC0me aud ellpense
SlaleDlelll.)
INCOME STATEMENT OF
Q.".,c, '\ ? fVl 'Jl/~'11i-
I verify dIIllbe swcmedb made in Ibis IlICome aud Ellpeasc SwemcDl are IrUe aud corncc. IIIIIderstaod dill
fI1se ItllemelIIs herein are subjcctlO Ibe criminal penalties of t8 Pa. C.S. 14904. relating 10 UDSWOm
fI1sificadoo 10 IIIlhoritles.
(l -~ ~...
~ _ _(.Iv. . (;.,.~
Dale PWDliff or De \I
INCOME:
Employer COO<...OrJ"'''II....rl1 c.c f4 - CA,..rol. ~GGI",J '10 (3 c..c-fJTfJ:R.
Address 1 ",( I\Jc..t.\'r\ 'S~VtrJT1( 5T, SvITB11) HB~ 17/IC )/.:6
Type ofWark c.. / t',- ; ~ ,Jt
Payroll No, Gross Pay per Pay Period S.J 5'i?,;15Pay Period (wkly.. bl-wkly.. etc.) h: - w1.cl1.
Itemized Payroll Deductions:
Feden1 Wlthboldllll $ I . 0 1. Social Seturity S 5'!s' ~tf) Local Wqe Tu $'1S'l
SlICe IIII."OIIIC Tu $,)J.'/~ RetireDlelll S)'1.<I/ SavlDlS Boods S
Credit UlIioa $ Ute IDSUrIIICe S Heallh IDSW'IIICe $
Other Deductlons (spctlfy) VN,"r.) ~""~':> S'7S'iS ~E,-,q.. $/00
Net Pay per Pay Period S b;2..~. en
Service Type
Form IN'-
Worker 10
IIll:URlC IIllI Elpcnse Scalemenl
PACSES Case Number
OTHER (Fill in Appropriale Cnlumn)
INCOME
WEEK MONTH YEAR
IrnelCSl S S S
Dividends
Pension
AnnuilY
Social Security
Rents .
Royallia
Eapcasc Aa:ouIIl
Gifts
Uncmploymcat
CompcllSalioa
Workmco's
CompellSalioo
IRS Refuod "1.. 'J. ?O
. ...
Olbcr "J,;lci ".;,.:.1: '~'f'iCO
OIbcr";"J. \ t"....p:;. 1.l..1 .0 ()
TOTAL S s ~1..s.0 0 s
TOTAL INCOME S /,111..'610 ~~'S"\.32.
(Fill 10 AppropriaIe CoIU1DD)
EXPENSES WEEK MONTH YEAR
Heme
MonpaelRcol S S 700,00 S
MaiDleDIDI:C ~ JD ' 0-(..'
Urilllia
Etcclric uc) ("\0
Gas
Oil b ()(). ,)0
Tclqlllonc .~ {' , L'O
Plat 20r6 Form IN-OOI
$c"'K:C Type Wortcr 10
hll:umc Ind Eapense SlIlcmenl
PACSES Case Number
(Fill in Approprille Column)
EXPENSES
(conllnued) WEEK MONTH YEAR
Wiler S S 3l) . 00 S
Sewer '33.(;0
Employment
Public Transporwion S S S
.
Luocb
Tues
Real Eswe S S S
Persoaal Pl"l"'o'ly
IIICOIIIe
InIuraace
Homeowuen S S S
Automobile 3b.0-0
Ute
Accideat
Health
OIlIer
Aut~
Pa)'lllCIIIS S S S
Fuel AO . 00
Repairs :300.<YO
MtdIcaI
Doctor S S S {OO,m
DclllisI
Onbodonrisc v)M...'L..v.- Y.~(~
IJ .
Sen.-ice Type
Pqe J or6
Form tN-008
Worlter ID
Ino:llnlC and Eapcnsc SlJlemenl
PACSES Case Number
(Fill ill Al1nmpriale Clllumn)
EXPENSES
(eol1t1nued) WEEK MONTH YEAR
Hll''J!ilJl
Medicine / 00 ,(JD
Special needs "Iasscs.
braces. onhopcdic
devices)
Eduat10n
Privale School S S S
Panxhia1 Scbool
Colleae
Reli,ious
Penoaal
ClocbiDl S S ~ S '500.CJO
Food S~OloD
BubcrlHainlRsrcr ~a.ao
Credil PayDlClllS:
Credil Card
(barac AccouDl
Meulbtlsbips
Loans
Credil UDiOD S S S
,................
HouscboId Help S S S
Child Care 'iDO,tlO
PapmIBoob/MapIine ~.O()
ElIlerWnmenl "f) .0 ()
Pay TV
VlWioD C5J--\.9, r.. .rl '7 '5 cO
,
Paac 4 of6
Fonu IN.Q08
Wcxter 10
xf>lke Type
h1l:Clmc and Eapensc SlJlemcm
PACSES Case Number
EXPENSES
(cOnlll1ued)
(Fill in A(l(lm(lriale Column)
MONTH
YEAR
WEEK
Gifts
Legal Fees
Charitable Comribulions
Other Child Suppon
Alimony Payments
(JO. (JO
:J...o.o-o
IOi),oD
$
$
$ 100.
INS1JIlANCI
COMPANY
POLICY'
Co.,erqe ·
H W C
x
Hospital
Blue Cross
Olbcr
Medial
Btue Shield
0dIcr
· H - Husband W - Wife C. Combined J . JOinl
Paae S of6
Fonn tN.008
Worker ID
$c",i;;e Type
Income aniI EKpcl\liC S~lCRlCnl
PACSES Case Number
Core,... .
Health! Accident
Disability Income
Dental
Other
· H - Husband W - Wife C - Combined J - Joint
L' ~ r<,vc-
COMPANY
I{t;AI.. -, 11lAJ
POLICY' H W C
8'0.) . 'f 'if. 70
tNliURANCE
f'JL l f1'l
I'Jt':' f.J T "" L
SuDDlementallncome Statement
a. This form is to be filled out by a person
II ~ who!lPCl'ates a busiDess or practices a I?rofesslon, or
2 who is a member of a partnership or JOInt venture. or
3 who is a shareholder in and is salaried by a closed corporation or similar entity.
b. Attach to this statement a copy of the followins dOCWllCllts relatin& to the panncrship, joint
venture. business, profession, corporation or sllDilar entity:
(I) the most recent Federal Income Tax Return, and
(2) the most recent Profit and Loss Statement
c. Name of business:
Address and telephone number:
d. Nature of business (check one)
(I) panncrship
(2) joint venture
(3) profession
(4) closed corporation
(S) other
e. Name of accountant. controller or other person in charae of financial records:
f. Annual Income from business:
(I) How often is income received?
(2) Gross income per pay period:
(3) Net income per pay period:
(4) Specified deductions. if any:
Pate 60r6
Form tN-OOI
Worker 10
Scrvk:c Type
-.'
. ,
1".111,,,111,,,,1,1,,1.1,,,1.1.,,11.1,,11I,,11I1.1.1,1.1,,1.1
CINDY R MINAYA
RODERICK E MINAYA
1025 ORRS BRIDGE ROAD
MECHANICSBURG PA 17055-2140
1/XXlIIIIIm.mber 1011llC12513OO1243
IIfftIII>>IIIICt/ S 5,112.28
payrtIId dill dIIe May 5, 1115
minimum PfYII*II dill S lI35.OO
amounf lIIIdosed S
____IO-CIfd
iii,,,,,.,. PlllMnl 4M'IncIudtt.,., d4If "'*"" 01
,mlJD
AddtIss OItllfp/lDlll ,"'1 PIN.. pI,1II d/IIIfII..tlle .bowflll<t
GREENWOOD TRUST COMPANY
PO BOX 6011
DOVER DE 19903-6011
1".111,1"1.1..11"".11.,11..11"",.11,"11I1,,,1
DDDDDbDllDD2583DD1243D58822'DD471DDDDb35DD
-..........................................................................................................................................-.....................-................
Cloalllll Dall: April 10. 1_
pagolof1
Cullbacll IeDUI- /JIb period 10 daI.
quallild purdlases .. .. .. .. .. .. .. .. S 0.00 ... S 1.138.05
CashI>>di /Jomn award..med . .. .. ... 0.00 ...... ... 3.18
~sNXiId Boo.. annNersary dale: June 10
Accou......uy
aa:ounInumbet 60tt 00258300 1243
CIIdlIimif S 5,400.00
CIIdl-able S 0,00
pnwiousl>>lanaJ..................... ,
pqmIJlltHndcnJdb................... -
purdlases Ind misaII"".".. dlatVa .. . . . . +
cosIIlIIMInces........................ +
beIoncell'llllSflrs...................... +
flllAflC( CHAIlliO ......,........... +
IlfftllbeIancI.......................... =
S 5,769.47
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0.00
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97.82
S ,IIUI
To Mlid Mldilionlllinlla dotpeo. JaY yllIJf"'-
beIoncebyMly5.1995.
TruaactI..
., I '''AUI' c......
Af'fl 10 LATE CHARGES .. ,
"............................... S 15.00
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cash I>>IIoce old cash I>>IMco
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..... dfIy ........ S 1,222 12 S4,59U4 SO SO SO $0 SO
deiIy pIfiodic ..... 05425' 05425' llOOOO\It 05425' 05425' 05425' ,OOOOClllo
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"*
COMMDHWEAL11I OF PENNSYLVANIA
STATE EMPLOYES'RE'I1REMENTSVSTEM
30 NOR11I1lImDS'TUIlT. P.O. lOX 1147
IlARRlSBUIlO, PBNNSYLV ANIA 17101.1147
TIl1.EPHONE: 717.717-6293
CINDY R MINAYA
1025 ORRS BRICO. ROAD
MIlCRAHICSBURG PA 17055
December
28, 1995
.. Lr..
.
Dear Ms. MINAYA:
180-48-7058
We have been notified of your return to service on 11-6-1995. As
a result of this return. your retirement account has been frozen and
your total frozen present value is $12.455.46.
Your account has been overpaid $43.27 for the period 11-6-1995
to 11-30-1995 baud on a monthly amount of $51.92. This amount
has been deducted from your total frozen present value.
Since you withdrew all of your contributions and interest in your
account.at the time of your original retirement, none will be returned
to your individual account. The total frozen present value is
guaranteed to you in the form of an annuity, none of which will be
available for withdrawal under Option 4.
- ---... . .. -_.-.._~ --"!:~
The paa_a..~~"!I' ~'t',lJJ'4:'2!liihOws'~u to' eliminate your frozen preseitt
value. With the attainment of three years of service from your recent
return date, you will need to make an election to maintain your frozen
preaent value of $12,455.46 or to maintain your frozen preaent value debt
of approximately $24,177.16. General information on both frozen
present value and frozen present value debt are as follows:
FROZIN PRBSENT VALUE - When you retire again, this value will be added to the
value of the additional benefits you will accrue during your current
employment and new monthly benefit will be derived from the total.
FROIIN PRBSENT VALUE OUT - TIllS SBLECTIDN IS NOT AVAILABLE TO MULTIPLE
SERVICE MlMBERS - You can elect to eliminate your frozen present value only
after you have attained three years of sevice following your return, If you
elect to eliminate your frozen present value, you must do so in the fiscal
year you become eligible (attained three years of aervice) or Within the next
fiscal year. By electing to eliminate the froze~ present value, a debt ia
applied to your retirement account equal to all annuity paymenta received
plua interest. The interest rate is calculated uaing compounded intereat,
APPROXIMATBLY TWO MONTfIS PRIOR TO YOU ATTAINING TflREE YEARS OF SERVICE,
YOU WILL BE NOTIFIED BY TIIIS SYSTEM TO MAItB YOUR ELECTION. At that time,
you will be inatructed to contact the Retirement Counselling Office in
your area to aid you in determil1il1g which election ia more advantageoua
to you and to request the proper form. PLEASE DO NOT RIQUEST 1111 FORM
UNTIL THIN, All queetionl conclrl1ing thil gel1eral information ahould be
directed to your rltiremel1t counlelor.
If you have any other que.tion., plea.. contact thi. office.
"e,enly: ~
Yvonne L. Britton
Technical Service. Section
&enefit. Determination Oivi.ion
- ~_..-.~....~---
. .:......... ".......
'-'-_.~-'._-'
.
COII'ONlI!ALTH Of P!MGYLVAHIA
STAT! tNPLOYIS' RITIR!MINT SYST~
STAT~!NT 0' ACCOUNT AI 01'. DlC!.!R at, f...
Arnall, tIl9 11.11 """.,..' Io",_t 1,11. IIUII "...lcII. _ _ .1t11 .......t .."._t ......t tn'_tton ""Icfl ...h'
... "'pful tn .....1I11l111.. till ..flU pr..lcIId III' tIl9 .."._t pI... IIlII In dol.. ft....t.l ploml... Thts alol_t _
pr_od \III.. tIl9 cillo .-.IId tn ,.... .."._t .......1 .a .f r c' II. I"', IIlII ts ....J..t I. If..l IIIdtl III' lhI IPS tn
-'" dol... .ltII lIllP"cobl. 1.. IIlII ....1."..... PUAS! R!F!R TO THI R!VIRS! SID! 'OR llI'ORTMl'
INPOlIIlATlON AIOUT YOUR STAT!IllNT.
~'
.~ I.'.
PUJlAIID,'" CINDY R IUNAYA
1025 ORRS BRIDGE ROAD
as" 180-41-7058
1101. .f lI.tII, 23-AUO.l'58
10.. F ...,.. CollI. "
_~tt_t Doll'1II'~.AUQ-20f8
c:r.dI .....tco u If IF 11.."
'.-1 IiMi
-110" .f34ft I
"
MECHANICS8URO PI. 17055
.~. ~INT IALMCI
"
Co...... T". FULL
Contr.llutt.. loll I
"..1 "'"""'" 101..., .
"" IIotI..-t __ Elml... .
IS! L. ~.~.. [amf... J
....1... c........ c.worat.. _t .
"~..-lIrJ lIoIlt I
.,' '-----TAXAILI IREAICDCMl 01' ACCCllINT---u
";": .
5.~
NOT DETERMINED
12,124.00
t,: ~ ,. 11II6I
. :'r..
.!!!
101_ u" ~" .
1'" ~j;It~~.~
Clllntrlllutl... 110l1.20
~..~
""-S ,,"-,,
Ad,j\ll",""lP : .'
Crodtlod Int_t I. l'
"1_ u If 12-11-t1 110l1.a
_a ..1..... u If' 12-'1"" -
; ...' .
. ':"'':;''
T..-Doferrod Contrlbu"...
. ....1...1' Tuod Contrlbu"...
. Crodtlod Int....1I
- _I ..1.... .a .f 12-'1""
110l1.20
.1.19
110l1.3'
-AdJus'-'ts refltet cwncttans to .,... ----,t IIJout ""jet. nu .... bee noUf.ed.
'-. .~""'1II____'''' .. ......~ _..tt......i...... ffi ........... haft..t"I_t,,___~"', =_
. -=" I 'llItY.co ~Irt.ont ... .t'"T1lllt' , 1IU'1-.fCfldltod ....,,1.. ,... D'....t l1tJo Io"._t (IlIl. ..IIco 11'4
fnf...-I o"l_a _.. .'nl_ ...."Ico _I._t flW dl....tlltJo ..11._11.
If ,... \011I1..1. prl... t. .ttalnl.. .1l.1bllltJo f... _till, _ftla, thol I. prl... t. _I.. YOllod, ,... _ld ... ..lItl911 II
'_1.. ,.... _t ...1.... .1... .", cIobll to tIl9 . _ltll u If ,.... cIIt. .f t....l.."on.
..
rr
.~'IT ISTIMATIS
C&rrent u .f
12-11.."
".J..tod t._l
-.."..-t
fULL ItIT1REIlIHT - Thta op"" "...Iclla tIl9 ..1_ _till,
_fIts to ,... ,.. IIf.. If,... dl. W.... ._I.t../_
t.t.' _l.lod _".... tIl9 ...1.... .111 ... PlI t.
,.... beneflclar,O..I.
OPTION 1 - This opu.. _t.. ..- _till, _flU t.
,... ,... ..f.. All _tfll, _Ill ... .__ ft. tIl9
Pro_ ..1.., .,." ...1.... ...lnl.. .t ,.... ...tII .111 III
...Id to ,.... ..ft.tll,ltul.
PRUDIT VALUe - DlltII '-.tI ..... "lion I ... . ...tII
In ,lihi ....lee.
OPTION 4 - 'tou ., recot.. all Of' . porU.. of .,...
KaAllat.:t decl.cttons tcentrtbuttON and tnt.....t) In. 1~
SUI or tnlt.l1~t ~tl ... receive r~ ....thl'
benefits ....... one of ttw other rottr__t optlona. Option.
ts avallabl. onl, at the tt. of r.Ur-.t and .., not
..eNd ,.... IKCUaIlatld dla.lct~_.
fULL .ETIR!MlNT ~TID UNOIR OPTION .
OPTION 1 AD.lUSnO 'MIlK OPTION 4
~T!D P.!SDIT VALUe UND!R OPTION 1 WITH OPTION .
THIS STATEMENT AEFLECTS 'OUR ACCOUNT
SINCE 0I-NOV-l"5, 'OU ALSO HAVE A fROZEN
PRESENT VALUE OF 112.455.45 ANO FROZEN
SEAVICE CAEDITS Of 10..408 YAS.
1lAX1_ OIUlILITY - y.., _t ... _Icoll, _tlflod III' IEII
".Ucal 11_'..... t. be ",tcall, .. .-teU, ~I. .f
,.,'....1.. ,_ ....,... JolI "'tl... OPTION.
WI1lIIRAWAL 1$ NOT AVAILABL! WITH A DISABILITY
RITIR!.NT .
.AEFEA TO CClD!S A THROUGH R ON THE AEVEASE SIDE OF THIS FORM FOR AN EXPLANATION OF THE FOLLOWING CODES
AS THEY APPLY TO YOUR 8ENEFIT ESTIM.TES' C
ADDITIONAL .!TIA!MINT OPTIONS ARI AVAILABL!. PLIASI T!LI~ YOUR SIAS RIGIONAL RITIR!JINT COUNSILOI
TOLL-F.!! 11..00-.33-...11 fOR QU!STIONS CONC!RNING YOUR '!NlfIT RIGHTS OR THIS STAT!MENT Of ACCOUNT,
~
CINDY R. MINAYA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
vs.
: NO. 95 - 4871 CIVIL
RODERICK E. MINAYA,
Defendant IN DIVORCE
RE: Pre-Hearing Conference Memorandum
DATE: Friday, February 13, 1998
Present for the Plaintiff, Cindy R. Minaya, is
attorney Matthew J. Eshelman. Mr. Minaya has not appeared today
nor has any counsel appeared on his behalf. It is further noted
that Mr. Minaya did not file a pre-trial statement as directed
by the Master. The pre-trial statements were due October 17,
1997. Mr. Minaya did contact the Master's office on two
occasions by phone and on one of those occasions he did make
some inquiry about the pre-trial statement. Mr. Minaya,
however, has not appeared at the Master's office on any occasion
and as noted, has not appeared today.
The parties
separated July 19, 1995.
children whose names and
were married on June 26, 1982, and
They are the natural parents of four
dates of birth are as follows:
Matthew R.
M~chell L.
Michael J.
6/13/86
6/13/86
9/22/87
3/20/90
Marshall V.
The children are in the custody of the wife.
Husband currently pays child support in the amount of $344.00
per month for the children. He does not pay any spousal
support.
The complaint was filed on September 13, 1995,
raising grounds for divorce of irretrievable breakdown of the
marriage and the economic claims of equitable distribution and
alimony. The complaint was reinstated on August 20, 1997. Mr.
Eshelman has indicated that he has verification of service of
the complaint and of an affidavit filed under section 3301(d) of
the Domestic Relations Code on August 20, 1997. The affidavit
indicated that the parties have been separated in excess of two
years, since July 19, 1995. Therefore, the divorce can be
f
concluded under section 3301(d) of the Domestic Relations Code
and grounds for divorce are not an issue.
Wife is 41 years of age and resides at 1025 Orrs
Bridge Road, Mechanicsburg, Pennsylvania, with the four
children. We do not know her educational background but she is
currently working for the Commonwealth of Pennsylvania in a
clerical position. Her net biweekly income is $623.93. In
addition to the child support which she receives in the amount
of $344.00 per month, she also receives food stamps in the
amount of $121.00 per month. Her income from her job, the child
support, and the food stamps are her only sources of income.
She has not raised any health issues.
Husband is 52 years of age and we do not know his
residence although he has given Mr. Eshelman a post office box
in Camp Hill. Therefore, we will use his mailing address at
P.O. Box 823, Camp Hill, Pennsylvania 17011. We do not know
husband's educational background although he is retired from the
military. He is receiving a pension from the military in the
amount of $706.00 per month. When he retired he cashed out a
lump sum payment of around $35,000.00 using a portion of that
money to pay marital debts, giving wife $5,000.00, and keeping
$10,000.00 to $15,000.00 for himself which has not been
accounted for. Mr. Eshelman indicated that Mr. Minaya works
occasionally but we do not know what kind of work he does nor do
we know what income he has. Mr. Eshelman indicated that husband
had been working following his retirement from the military but
we do not know what type of employment he was engaged in. Mr.
Eshelman also indicated that he does not know of any specific
health problems which Mr. Minaya has but there is an allegation
made by wife that Mr. Minaya has a crack cocaine problem.
The parties own real estate at 1025 Orrs Bridge
Road, Mechanicsburg, Pennsylvania, which wife has valued at
$95,000.00. The real estate is subject to a mortgage with
Accubank in the approximate amount of $75,000.00.
There are three vehicles involved in this case;
however, the 1968 Plymouth Barracuda is nonmarital. The two
marital vehicles are titled in husband's name and they are a
1985 Chevrolet Blazer which wife has valued at $2,000.00 and a
1989 Plymouth Voyager which wife has valued at $1,000.00.
Wife, as indicated, works for the Commonwealth of
Pennsylvania and according to a statement attached to the income
and expense form, wife has a frozen present balance of
$12,455.46. The Commonwealth of Pennsylvania retirement
statement as of December 31, 1995, shows an account balance as
.
,
of that date of $106.39. Mr. Eshelman believes wife did cash
out some of the funds from her retirement or borrowed funds from
her retirement, so we need to verify what the present balance
would be considering the statement about a frozen balance and
the statement of the account balance as of December 31, 1995.
With respect to husband's pension, we know the pay
out each month of $706.00 but we do not know whether or not he
has any survivor benefits.
The parties own a recreational property which is
unimproved known as a Terrace Mountain property. The property
was purchased near the beginning of the marriage for around
$10,000.00 and wife believes the value now is around $20,000.00.
With respect to the household tangible personal
property, we believe most of or all of the property remained
with wife when the parties separated but we have no opinion as
to value although Mr. Eshelman says that there is not much value
in the property considering that there are four boys living in
the household and much of the property is utilized for their
benefit.
Wife filed a bankruptcy action and was discharged
on her obligation for the Discover card and her Sears card. She
still is obligated on the mortgage to Accubank and there is
apparently a balance due on some medical charges, one of which
may be to the Carlisle Hospital which is a small amount shown on
the statement as $66.00. Mr. Eshelman has indicated that he
believes that husband was ordered during a PFA proceeding to
make the payment on that medical bill. The PFA was filed to No.
95 - 4553 civil in Cumberland County.
It is assumed that because wife works for the
Commonwealth of Pennsylvania she does have medical insurance
coverage for herself and the four children.
We are going to schedule a hearing on the issues of
equitable distribution and alimony. The Master directs that Mr.
Eshelman send a copy of the notice to the Defendant by certified
mail restricted delivery in an effort to obtain his signature on
a return receipt card to show that he has received notice of the
hearing. The Master's office will also send a copy of the
notice by regular mail. The notice will be sent by the Master's
office to P.O. Box 823, Camp Hill, Pennsylvania 17011. If Mr.
Eshelman obtains any other addresses for the Defendant, he
should use those addresses to send the notice to the Defendant
in an effort to obtain a return receipt card. A copy of today's
memorandum will be sent to Mr. Eshelman as counsel for wife and
I
a copy will be sent to Mr. Minaya at the Camp Hill post office
box address.
A hearing is scheduled for Tuesday June 2, 1998, at
9:00 a.m. As indicated, notices will be sent to counsel for
wife and the parties.
E. Robert Elicker, II
Divorce Master
cc: Matthew J. Eshelman
Attorney for Plaintiff
Roderick E. Minaya
Pro Se
1 P 224 575 200
()
f... ~ US PoslaI SelVice
"c; Receipt for Certified Mall
~ 3 E No Insurance Coverage Provided,
C Do not use lor InlemalionaJ Mall See f9VIlfSe
~ SolJlIO
a t.CI:'t::nc:t. _"-\\\\C\\.' \
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Post 0lIice. Stale,' liP Code
C aIT \ \', \\ \--0 \
Pot.. S,~
CenlfiedFee
SpedeI Delivety Fee
RoslJldod Dei...., Fee
"'
81 Return Receii>I S/lowWlg to
- v.t.om, Dele 0.'_
~
Q. Aeun..... ShlonlIO Vl'm,
.. Dolr,I.........._
i TOTAL POilage & Fees
C') P orOale
E '10
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PS Form 3111. 0I0ImIlIr 11M
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CINDY R. MINAYA.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIl. ACTION LAW
V!i.
NO. 95-4871
CIVIL
19
RODERICK E. MINAYA.
Defendant
1/1<(f7
~
q,,~?- 41
I, "1 "] 01
" , I
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-
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~-
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Cartisle, PA 17013
(717) 240.6535
L Robert Elicker, II
Divorce Master
Tracl .10 Colyer
Offlco ManagerlReporter
We.t Sho...
697-0371 Ex!. 6535
September 15, 1997
Matthew J. Eshelman, Esquire
Law Offices of Patrick F. Lauer, Jr.
210B Market street, Aztec Building
Camp Hill, PA 17011-4706
RE: Cindy R. Minaya vs. Roderick E. Minaya
No. 95 - 4871 Civil
In Divorce
Dear Mr. Eshelman:
I was appointed Master on September 12, 1997, pursuant to
your motion. In reviewing the file, and after seeing your
statement on the appointment form regarding service, I think
that I should give you an opportunity to locate the Defendant or
at least the record should reflect what efforts are being made
to find him. If we proceed, we should have proof of service of
the complaint and the affidavit under Section 3301(d). If Mr.
Minaya cannot be served personally, then Mr. Minaya should be
served by publjcation and an affidavit filed along with a motion
for the Court to order publication which would indicate what
efforts were made toward locating the Defendant.
I am not going to issue a pre-trial directive at this
time pending information from you regarding the service of the
complaint and affidavit under Section 3301(d), and what efforts
have been made to locate Mr. Minaya.
Very truly yours,
E. Robert Elicker, II
Divorce Master
CINDY R. MINAYA,
Plaintiff
.
.
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
: No. 95-4871 CIVIL TERM
.
.
RODERICK E. MINAYA,
Defendant
: CIVIL ACTION - AT LAW
: IN DIVORCE
NOTICE TO TBB DBFBNDAH'l'
IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS
AFFIDAVIT, YOU MUST FILE A COUNTERAFFIDAVIT WITHIN TWENTY (20) DAYS
AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL
BE ADMITTED.
:'
AFFIDAVIT UNDBR ~ 3301ldl OF TBB DIVORCE CODE
1. The parties to this action separated on 7/19/95 and have
continued to live separate and apart for a period of at least two
years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
I verify that the statements made in this affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn
falsification to authorities.
DATB:~
j' f ,-/ '1/,
l o' V~\ c...i ,
Cindy R. Min ya
ii; ..:J' ;.-
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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
Divorco Maste,
Tracl .10 Colyer
Office Manage,lRepor1er
We.t lhore
697-0371 Ext,6535
September 22, 1997
Roderick Minaya
P.O. Box B23
camp Hill, PA 17011
Matthew J. Eshelman, Esquire
LAW OFFICES OF PATRICK F. LAUER, JR.
2108 Market street, Aztec Building
camp Hill, PA 17011
RE: cindy R. Minaya vs. Roderick Minaya
No. 95 - 4871 Civil
In Divorce
Dear Mr. Eshelman and Mr. Minaya:
By order of Court of President Judge Harold E. Sheely
dated September 12, 1997, the full-time Master has been
appointed in the above referenced divorce proceedings.
Having received certification from attorney Eshelman that
Mr. Minaya was served with a complaint and the affidavit under
section 3301(d), I am going to proceed with a directive for the
filing of pre-trial statements.
In accordance with P.R.C.P. 1920.33(b) I am directing Mr.
Eshelman, as counsel for cindy R. Minaya, and Mr. Minaya, who
apparently is representing himself, to each file a pre-trial
statement on or before Friday, october 17, 1997. Upon receipt
of the pre-trial statements, I will immediately schedule a
pre-hearing conference with Mr. Eshelman and Mr. Minaya, if he
remains unrepresented, to discuss the pre-trial statements, and
if necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
v
Mr. Eshelman, Attorney at Law, and Mr. Minaya, Defendant
22 September 1997
Page 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.
CINDY R. MINAYA.
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 - 4871 CIVIL
OOOERICK E. MINAYA.
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Cindy R. Minaya , Plaintiff
Matthew J. Eshelman Counsel for Plaintiff
.
lbierick E. Minaya . Defendant
-------------- Counsel for Defendant
,
You are directed to appear for a hearing to take
testimony 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 ~d day
of ,11111" . 1998. at 9:00 a.m.. at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
E. Hoff r. President Judge
Date of Order and
Notice: 2/13/98
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE. PA 17013
TELEPHONE (717) 249-3166
CINDY R. MINAYA, IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. NO: 95-4871
.
.
RODERICK E. MINAYA, CIVIL ACTION - LAW
Defendant : IN CUSTODY/VISITATION
PRAECIPE TO WITHDRAW
TO TUB PROTHONOTARY:
Kindly withdraw the Pre hearing Custody Conference currently I
scheduled with conciliatior, Michael L. Bangs, Esquire, on November
2, 1995, at 1:00 p.m. at 302 South 18th Street, Camp Hill, I
Pennsylvania.
Plaintiff does not wish to withdraw Count II - Custodv of the
Complaint in Divorce docketed at 95-4871 Civil Term.
ID 11(+';-
Date:
Matthew . Eshelman, Esquire
Law Offi es of Patrick F. Lauer, Jr.
2108 Mar et Street, Aztec Building
Camp Hil , Pennsylvania 17011-4706
ID' 72655 Tel. (717) 763-1800