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HomeMy WebLinkAbout00-02085 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r+:r+:;+:r+: ',- " [-^, . r+:r+: ;+: r+: r+: r+:r+:r+:r+:r+:r+:;+:;+:;+: r+:r+: .. r+:r+:r+: ;+:;+:r+:r+:r+:r+:r+:r+:;+:;+:r+: r+:r+:r+:r+:;+:;+:;+:;+:;+:;+: ;+: ;+: +.+.+.+.+.+.+.~ . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JAMES M. MINDER No. 2000-2085 VERSUS MARGAREI' MINDER DECREE IN DIVORCE AND NOW, '"Jt..-af .A" ,: ,8/,/11 . ')tJiJ1, IT IS ORDERED AND DECREED THAT JAMES M. MINDER , PLAI NTI FF, AND MARGAREI' MINDER , DEFENDANT, ARE 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; PROTHONOTARY r+:r+:'t: r+: . r+:r+: ;+:;+::+;r+: r+::+: :+::+::+:r+::+::+: +:f.r+: :+:+.:+:+.+.r+:+.:+: +.:+:+.+.+.+.:+::+::+:+.:+:+.+.+.+.+.+.+.+.+.+.:+: ~- ~~i~ibi;i'_:; ! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'I' +.:\:+ , " ~ ~ ",,';' - . ,.~ , , ~,'- ~'"' k- /1 '0'/ k. /{ .01.( , ,.".,,' ~ ~ ". . < ~iOiIoi; , ". '~~ ' '''j ~'~ . t , W e~~ z:4 x~~' 71~ /~ ,? ci{f c~~ <~~'1"-I""", __,~',ft" no' "L..,'P" '" ,..." ....~,~.....P....,'c.."",'" ...~,~ , . ~';J"""""~,l~IJ'-,.I:ii''' , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James M. Minder Plaintiff ClVILACTION - LAW VS. NO. 2000-2085 Mare:aret Mary Korff Minder Defendant IN DIVORCE STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this jo1Ir day of It,..d ,tlO/Jt./, the parties, James M. Minder, Plaintiff and Margaret Mary Korff Minder, Defendant, do hereby Agree and Stipulate as follows: 1. The Plaintiff, James M. Minder (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS"). 2. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa. C.S. 995101-5956 ("Retirement Code"). 3. Member's date ofbirlh is August 24, 1956, and his Social Security number is 161-48- 2058. 4. The Defendant, Margaret Mary Korff Minder (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date ofbirlh is July 22, 1957, and her Social Security number is 169-52-3590. 5. Member's last known mailing address is: 312 Eutaw Avenue New Cumberland, PA 17070 6. Alternate Payee's current mailing address is: 111 Gilgen Avenue, NE New Philadelphia, OR 44663 ~ - , ,--< - ,~ ~ ~ "~'!l-mkj~ik DRO Page 2 It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. (a) The marital property component of Member's retirement benefit is equal to the Member's retirement benefit accrued on March 8, 2000, based upon the final average salary as of March 8, :WOO, and based upon the years of service under SERS as of March 8,2000, and calculated in accordance with the Retirement Code in effect on the date benefits commence to the Member. (b) The portion of the marital property component of Member's retirement benefit to be allocated to the Alternate Payee as her equitable distribution portion of this marital asset is 42.36%. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before the Member's marriage to Alternate Payee or after the date of the Member and Alternate Payee's final separation. Member's retitement benefit does not include any deferred compensation benefits paid to Member by SERS. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph 7, after the application of the appropriate early retirement actuarial reduction factor, shall be payable to Alternate Payee. Payments to Alternate Payee shall connence as soon as administratively feasible on or about the date the Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS if the Member dies before his benefits connence. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable ~ -~ , " ~ lIl''''~ _"'''''''''''''-'_ '. DRO Page 3 distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last N omina.tion of Beneficiaries Form filed with the Retirement Board prior to Member's death. (a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a.) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms ofthe Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Altemate Payee predeceased Member. No portion ofthe Balance shall be payable to Alternate Payee's estate. (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Altemate Payee all relevant information concerning Member's retirement account. Altemate Payee shall deliver the authorization to SERB which will allow the Altemate Payee to check that she has been and continues to be properly nominated under this paragraph. 10. The term and amounts of Member's retirement benefits payable after SERB approves a Domestic Relations Order incorporating this Stipulation and Agreement and after the Member files a retirement application shall be in accordance with Paragraphs 10(a), 10(b) and 10(c) as follows: (a) Member may elect to receive, by lump sum, all or a portion of his accumulated deductions. The portion of the accumulated deductions to be paid to the Alternate Payee shall be determined by multiplying (1) by (2) by (3) where (1), (2) and (3) are as follows: (1) Accumulated deductions on March 8, 2000, accumulated with interest at the statutory rate (currently 4% per annum) compounded annually from March 8, 2000, until the date payments commence to the Member. -'''',"~"j>"""",,,", DRO Page 4 (2) 42.36% (the portion of the marital component of Member's retirement benefits allocated to Alternate Payee in accordance with Paragraph 7(b). (3) Ratio obtained by dividing amount of accumulated deductions the Member elects to receive by the total amount of his accumulated deductions on the date payments commence to the Member. (b) The excess of the present value ofthe equitable distribution portion of the Member's retiJ:ement benefit (based upon a maximum single life annuity) assigned to the Alternate Payee over the portion of the accumulated deductions paid to the Alternate Payee (pursuant to Paragraph lOCal) shall be used to provide the Alternate Payee with an annuity payable to her as long as she lives. The Alternate Payee shall share in any scheduled or ad hoc increases to the extent of her equitable distribution portion of the Member's benefit. (c) The excess of the present value ofthe Member's retirement benefit (based upon a maximum single life annuity) over the present value of the equitable distribution portion of the Member's benefit assigned to the Alternate Payee shall be used to provide the Member with an annuity based upon the retirement option selected by the Member. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee, any death benefit payable to Alternate Payee by SERB by reason of the Member's death before the date benefits commence to him shall be paid to Alternate Payee's estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit. 13. In no event shall Alternate Payee have greater benefits or rights other than those which are available'to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Order. All other rights, privileges and options offered by SERB not granted to Alternate Payee by this Order are preserved for Member. ~, ~ ~"'-* DRO Page 5 14. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Co=on Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERB to provide any type or form of benefit, or any option not otherwise provided by SERB, and further provided that no such amendment or right ofthe Court to so amend will invalidate this existing Order. .-"'-~ m.._ .., lllliilllll --,y~",;- '. DRO Page 6 17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately, The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until further Order ofthe Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. !~?f-~ P~ifffN.Iemb~ . (. ,.,------ ( M Alternate Payee illr"'- ~ -~I!i~!_~IIt_~~~,"im"~d.;i!Mj>'Ji.lic~"...-kHliI1:tBi~lilillliil"'--'""-~~ -- = lIi""IlitiililiEliilia~~I~t\--;;li,.jf4~~1Il1 t J~ ,MitUI...ill:lliiIIIIiiBiii! o ~ 0(;-- 'Z;.C ~~;. ~i~. )>c: ~- -< ......Uti .. r-> c:? = ,co L... C' :;;.;:. o -n --i :L-,-, n''';'''': r:n 33CZ 00 --'-.{..ri O:I} .u7C) Om :;:~ 5:1 -< I -' ". ~^.,.. -"" w CP -~ r .- ,----.-... - -~ .l'~k1>'~ , MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made thi~P day of AIM'-' ;;loot{ ~by and between MARGARET MINDER, (hereinafter referred to as "WIFE") and JAMES M. MINDER, (hereinafter referred to as "HUSBAND"). WITNESSETH WHEREAS, the parties were married on August 13, 1977 and separated on or about March 8, 2000; WHEREAS, there are no minor children born to the parties; WHEREAS, a Complaint for Divorce was filed in the Cumberland County Court of Common Pleas on AprilS, 2000 and docketed to 2000-2085; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification; settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present, and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, 1 -=~^"~~ . ~ '-, ~ " ~, ,-~,._.- , ~ -"" - =" """,. ~. a\f.a!:!!~~iilMfil,," " " " each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party, This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof, 3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that HUSBAND filed a Complaint in Divorce in Cumberland County on AprilS, 2000 claiming that the marriage is irretrievably broken under Section 3301(c) or 3301(d) of the Permsylvania Divorce Code, WIFE hereby expresses her agreement that the marriage is irretrievably broken and upon execution of this Agreement shall execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301 (c) or 3301 (d) of the Divorce Code and deliver same to counsel for HUSBAND, The parties hereby waive all rights to request court ordered counseling under the Divorce 2 ~~. " ~. ."" =~_........ '~'< ~b;'i.!' " Code, It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a fmal settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be incorporated but not merged into the Decree in Divorce. 4. EfFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defmed as the date upon which it is executed by the parties if they have each executed this Agreement on the same date, Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. DJSTRlBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein, However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 6. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or 3 " ~~ " " ~I"~I''''-' .' =~. ~ ..hI . ..J ~~ t~,&J'o~,_i '. widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (C) any country or any rights which. either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the maritalrelations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof, It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof, It is further agreed that this Agreement shall be and constitute a full and fmal resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction, 7. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Timothy J. Colgan, Esquire of Wiley, Lenox, Colgan & Marzzacco, P,C, for WIFE and Stanley J, A. Laskowski, Esquire, of Caldwell and Kerns, for HUSBAND. The parties acknowledge that each 4 ~"'l. 'N~"'.~ ~~. ,,,-,.,- " ~ , ~ ~, "'" llli,I)',,~ : has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other including his or her property, estate, assets, liabilities, income and expenses, that.each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations, Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this Agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 8. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 9. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of 5 ,......-- ~ '~'," I , . . " -~ the other may be liable, Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 10. PERSONAL PROPERTY AND DEBTS: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other, Should it become necessary, the parties each agree to sigu any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 11. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names, They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts, 12. MOTOR VEHICLES: At the time of separation, the parties jointly owned a 1995 Toyota Corolla, That vehicle shall become the sole and exclusive property of WIFE, The value of that vehicle as of the date of separation was $6,875,00, HUSBAND waives and relinquishes any interest in, or claim to, said vehicle. Wife shall be solely responsible for all taxes, insurance, 6 .~ '~- "',,-"-~;! " ',"=>iII$ -,~ ~ , ~,~ .. 111~&*', maintenance, liens and encumbrances regarding the vehicle from the date of execution of this agreement forward, All other vehicles currently in the possession of either party shall become the sole and exclusive possession of that party, The parties agree to cooperate in siguing any documents or titles necessary to effectuate the intent of this Agreement. 13. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS: The parties are the owners of various retirement benefits as follows: (a) James M. Minder's SERS pension earned as of March 8, 2000, as valued on August 18,2003, is $63,396,00, (b) James M, Minder's deferred compensation program as of March 8, 2000 is $5,297,00, (c) Margaret Minder's I.e. Penny's pension earned as of March 8, 2000, and valued on August 18,2003, is $3,078,00, (d) Margaret Minder's deferred compensation program as of March 8, 2000 is $5,037,00, Margaret Minder shall receive 42.36% of James M, Minder's SERS pension earned as of March 8, 2000, Said percentage accounts for the value of the Toyota Corolla received by WIFE and referenced in Paragraph 12 above. The parties agree to have a QDRO drafted by Harry M, Leister, Jr, and have the QDRO submitted to SERS for review, approval and implementation, With the exception of the aforementioned QDRO, each party shall become the sole and exclusive owner of the respective remaining retirement benefits in their individual names, 14. ALIMONY: HUSBAND shall pay WIFE the sum of $562,00 per month for fifteen 7 1 ~~"""""'-,~" .=~ . ,~- " .~ "'-~~ ~-- (15) months commencing on April 1, 2003, Mr, Minder shall then pay as alimony the sum of $281.00 per month for nine (9) months commencing at the conclusion of the fifteen (15) payments at the higher amount. This sum shall not be modifiable, except upon the death of WIFE, in which case said payments shall cease, Mr, Minder shall receive credit for payments made from Aprill, 2003 forward, Payment pursuant to this paragraph shall be made on or before the first day of the month for which payment is due, and shall be deemed late if made after the fifth day of any such month, Payments shall 'be made directly to WIFE at III Gilgen Avenue NE, New Philadelphia, OH 44663 or at an address as provided by WIFE to HUSBAND, WIFE shall have the right to seek attachment of HUSBAND's wages in the event oflate payment pursuant hereto, The Spousal Support Order currently in effect through the Beaver County Domestic Relations Section and Docketed to 383 DR 00 shall be terminated upon the payment of any arrearages due and owing at the time of termination, 15. AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. INCOME TAX: The parties have heretofore filed joint Federal and State tax returns, Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold 8 -" '" ~. '. -~ '!II~it>!~,,_' harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith, Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining. to the transfers of property between. spouses and former spouses, The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 18. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties, 19. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 20. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose 9 ~-> ~'~r-"~' - - ~ "'"~,. ~-:~IW-";>J~_ of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and 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, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against theWill of the other, and the right to act as administrator Of executor of the other's estate, and 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 such interests, rights and claims, 21. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22.. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns, 23. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 24. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation, 25. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and 10 , = ~ ~~ - -" ,~~ - -" . .~~~,.~-~,~, agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 26. FINANCIAL DISCLOSURE: The parties confIrm that they have relied on the completeness and substantial accuracy of the fmancial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been formal discovery conducted in their pending divorce action . and that each party has fIled an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved, In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing the Agreement shall in all other respects remain in full force and effect. 27. M()DTFICA TION AND WAIVER: A modifIcation or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar llllture, 28. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for 11 ,r' ~ ~ o,~ ,-- "'Y~",,<<-i"'.-,j" .~ , "'" .~ , convenience only, They shall have no affect whatsoever in determining the rights or obligations of the parties. 29. APPLICABLE I,AW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto, IN WITNESS WHEREOF, the parties hereto, after full disclosure, intending to be legally bound, have signed, sealed and acknowledged this Stipulation. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Witness ~~ w,J!l-"reV...L4 ' C::)r( ~.c~~ MARG~ MINDER . c-i~7~~ 12 Id';,j . J_.~~ ~t;,\"l1ill;\;~~,Ii;W>'J~'~~lll!do!j\:iiiIM",II!!!ih!lljlLi&H,.~I'.i!<illwf!Ut,~,""",,'~~~~-'....i-mW.1<IiIIlrLI ~ . x.,_~_, "~,~ -,"., '.'- ~ . .~~~~Ii2iIiM:@:@;!U~~ ~~ 0'. - *-, '0 0 ...., <= 0 C <= 'T1 d J:' -. -, <- --4 c: I--n <, .... rnp I -oi" ::nO -J 06 - --i ~ ~ 6:r~ -.- ---,0 ':;; om ::~ Co....,) ~ -J ::.c <_".-i..- _'-ul".., ~~t:i JAMES M. MINDER, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 00 - 2085 CIVIL MARGARET MARY KORFF MINDER, : Defendant IN DIVORCE ORDER OF COURT 2004, the 3^<::L day of -2:'A4()'/ economic claims raised in the procee ings havlng been AND NOW, this resolved in accordance with a marital settlement agreement dated April 30, 2004, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce, BY THE COURT, cc: ~nley J.A. Laskowski Attorney for Plaintiff ~imothy J. Colgan Attorney for Defendant ~. .-~- FILED-OFFICE OF THE PROTHONormV 20a~ JUN -3 PN I: III ("U""" . 'lH'r-'''"''li .... ""("j IN'''' '-' H'r.:;i:~': I<~:::V " ..\>/,~)I i i . ,..1\1 '1\) I Lll""'-J!.!--\ ij~. ""-''''''' , ~ ,;"'~~ . 1I!I!~,~~!!1'!l'i'~WW'''''fW~j1j'''''_H"i\\I'~l!!jim~mi\WII.I'''.' _ .. 'I .,. ..,.~ --- .- - -.. --"'"",,",,",iihH MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made thi~#day of ./JIlt' '-' ;;lOOt{~by and between MARGARET MINDER, (hereinafter referred to as "WIFE") and JAMES M, MINDER, (hereinafter referred to as "HUSBAND"), WITNESSETH WHEREAS, the parties were married on August 13, 1977 and separated on or about March 8, 2000; WHEREAS, there are no minor children born to the parties; WHEREAS, a Complaint for Divorce was filed in the Cumberland County Court of Common Pleas on AprilS, 2000 and docketed to 2000-2085; WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and fmally their respective financial and property rights and obligations as between each other including, without limitation by specification; settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present, and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, 1 "~~ ~~~ each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and umnarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party, This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof, 3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that HUSBAND filed a Complaint in Divorce in Cumberland County on AprilS, 2000 claiming that the marriage is irretrievably broken under Section 3301(c) or 3301(d) of the Pennsylvania Divorce Code, WIFE hereby expresses her agreement that the marriage is irretrievably broken and upon execution of this Agreement shall execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) or 3301(d) of the Divorce Code and deliver same to counsel for HUSBAND, The parties hereby waive all rights to request court ordered counseling under the Divorce 2 ~. ~...... - , '. ~~~~ -,,,,. Code, It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be incorporated but not merged into the Decree in Divorce, 4. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defmed as the date upon which it is executed by the parties if they have each executed this Agreement on the same date, Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein, However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 6. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or 3 ," - - <" f ~ 11._.- widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof, It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof, It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction, 7. REPRESENTATION BY COUNSEL: The provisions ofthis Agreement and their legal effect have been fully explained to the parties by their respective counsel, Timothy J. Colgan, Esquire of Wiley, Lenox, Colgan & Marzzacco, P,C, for WIFE and Stanley J, A. Laskowski, Esquire, of Caldwell and Kerns, for HUSBAND, The parties acknowledge that each 4 i!i= has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations, Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this Agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution ofthis Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 8. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 9. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of 5 \ < ~"~~~ , ~ , ~ .........i.m,g- the other may be liable, Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 10. PERSONAL PROPERTY AND DEBTS: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sigu any titles or documents necessary to give effect to this paragraph upon request, By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof, 11. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names, They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts, 12. MOTOR VEHICLES: At the time of separation, the parties jointly owned a 1995 Toyota Corolla, That vehicle shall become the sole and exclusive property of WIFE. The value of that vehicle as of the date of separation was $6,875,00, HUSBAND waives and relinquishes any interest in, or claim to, said vehicle. Wife shall be solely responsible for all taxes, insurance, 6 <~~~~ " ....Cl.~,",:.- maintenance, liens and encumbrances regarding the vehicle from the date of execution of this agreement forward, All other vehicles currently in the possession of either party shall become the sole and exclusive possession of that party, The parties agree to cooperate in signing any documents or titles necessary to effectuate the intent of this Agreement. 13. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS: The parties are the owners of various retirement benefits as follows: (a) James M, Minder's SERS pension earned as of March 8, 2000, as valued on August 18,2003, is $63,396,00, (b) James M, Minder's deferred compensation program as of March 8, 2000 is $5,297.00, (c) Margaret Minder's J.C, Penny's pension earned as of March 8, 2000, and valued on August 18, 2003, is $3,078,00, (d) Margaret Minder's deferred compensation program as of March 8, 2000 is $5,037,00, Margaret Minder shall receive 42.36% of James M, Minder's SERS pension earned as of March 8, 2000, Said percentage accounts for the value of the Toyota Corolla received by WIFE and referenced in Paragraph 12 above, The parties agree to have a QDRO drafted by Harry M, Leister, Jr, and have the QDRO submitted to SERS for review, approval and implementation, With the exception of the aforementioned QDRO, each party shall become the sole and exclusive owner of the respective remaining retirement benefits in their individual names, 14. ALIMONY: HUSBAND shall pay WIFE the sum of $562,00 per month for fifteen 7 ~ ", ~, """'"""',' (15) months commencing on April 1, 2003, Mr. Minder shall then pay as alimony the sum of $281.00 per month for nine (9) months commencing at the conclusion of the fifteen (15) payments at the higher amount. This sum shall not be modifiable, except upon the death of WIFE, in which case said payments shall cease. Mr. Minder shall receive credit for payments made from April 1, 2003 forward. Payment pursuant to this paragraph shall be made on or before the first day of the month for which payment is due, and shall be deemed late if made after the fifth day of any such month, Payments shall be made directly to WIFE at III Gilgen Avenue NE, New Philadelphia, OH 44663 or at an address as provided by WIFE to HUSBAND, WIFE shall have the right to seek attachment of HUSBAND's wages in the event oflate payment pursuant hereto, The Spousal Support Order currently in effect through the Beaver County Domestic Relations Section and Docketed to 383 DR 00 shall be terminated upon the payment of any arrearages due and owing at the time of termination, 15. AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were umnarried, 16. INCOME TAX: The parties have heretofore filed joint Federal and State tax returns, Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnifY and hold 8 , - ."" " . harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaidjointretums, 17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses, The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 18. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties, 19. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 20. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose 9 ."o~ ~ '" . . ~". of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and 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, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and 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 such interests, rights and claims, 21. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns, 23. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 24. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation, 25. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and 10 .~~~ - ~--, j .- ~. ' ",,-,,:, agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 26. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been formal discovery conducted in their pending divorce action and that each party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code, Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved, In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset, Notwithstanding the foregoing the Agreement shall in all other respects remain in full force and effect. 27 . MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature, 28. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for 11 -', ,. ~. . . convenience only, They shall have no affect whatsoever in determining the rights or obligations of the parties, 29. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto, IN WITNESS WHEREOF, the parties hereto, after full disclosure, intending to be legally bound, have signed, sealed and acknowledged this Stipulation, SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Witness ijz,/~ (J7~~L~ '\ Witness , ~ .F'.Y"; ( '- ~Rh~~R /)'-{/}'l€J10 ~~~7~~ 12 . , , . ~. !:..illW.'l JAMES M, MINDER, Plaintiff, v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2000-2085 MARGARET MINDER, Defendant. CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1, Grounds for divorce: irretrievable breakdown under Section 3301 (c) 3301 (d)(1) of the Divorce Code. (Strike out inapplicable section,) 2, Date and manner of service of the Complaint: by mail to Defendant on April 13, 2000, by certified mail, returned receipt requested from G, Patrick O'Connor, Esquire, 3, (Complete either paragraph (a) or (b)) (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, April 21, 2004; by Defendant, April 28, 2004, (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: N/A (2) Date of service of the Plaintiff's Affidavit upon the Defendant: N/A 4, Related claims pending: None, - " , '."--- '.-'-;'- . 5, Complete either (a) or (b), (a) Date and manner of service of the notice of intention to file praecipe a copy of which is attached: (b) Date Plaintiffs Waiver of Notice was filed with the Prothonotary: May 3, 2004, Date Defendant's Waiver of Notice was filed with the Prothonotary: May 3, 2004, 6, Plaintiff's Social Security number: 161-48-2058 Defendant's Social Security number: 169-52-3590 7, The parties have executed a Marriage Settlement Agreement, dated April 30, 2004, which Agreement is attached hereto for filing at the within term and number, and which Agreement is requested to be incorporated in the final Decree in Divorce, but not merged therein, Date: May 21, 2004 u~ Stanley J, A. skowski, Esquire Attorney for (X) Plaintiff Caldwell & Kearns, P.C, 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 72329 2 1iiiII'. ,,,~,,,,,, ..,. - > ~' ~'- ,,0<, ., ii>\iij...--....:..;:....,''"''~L inn- M____ ..,,~,- ~', ' ~"'.'----'~' <~= ~ C) f,.:; ,23rr ~~)!:_;~. r:::- !"'~ -:-'-- ~~~l ~ "' :"-:::j -,' ....J = c::::;~ .zo- o '1 ---{ :r: rn::JJ r- 336m o -lJ :r:ri 0'1 ?Q '-"'S'll S;! -";., =< L c~ :~ I -I ~ -'''~ __r.... W -.J ~ -.- ~ , . , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. MINDER, Plaintiff NO. aCOO - a085 L.u.u..D WAr'I vs. CIVIL ACTION - LAW MARGARET MARY KORFF MINDER, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other reliefrequested 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 Court House, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ASSISTANCE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 ,-- 111- -- " . ~lJ_,",' AVISO PARA DEFENDER Y RECLAMAR DERECHOS USED HA SIDO DEMANDADO EN LA CORTK Si desea defederse de las quejuas expuestas en las paginas siquientes, debe tomar accion con prontitud. Se Ie avisa que si not se defiende, el caso puede pro ceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. U sted puede perder dinero, 0 propiedades y otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court House, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARlOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telefano: (717) 249-3166 .=lP."~'^ --. -----""',"', IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. :;21fVV . ,;2()J'S~ ~ JAMES M. MINDER, Plaintiff vs. CIVIL ACTION - LAW MARGARET MARY KORFF MINDER, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this 5th day of April, 2000, comes the Plaintiff, James M. Minder, by his attorney, G. Patrick O'Connor, Esquire, Office ofG. Patrick O'Connor, Esquire, and fIles the following Complaint in Divorce whereof the following is a statement: L The Plaintiff, James M. Minder, is an adult individual who currently resides at 713 Harding Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant, Margaret Mary Korff Minder, is an adult individual who currently resides at 103 Raven Drive, Beaver, Beaver County, Pennsylvania 15009. 3. The Plaintiff and Defendant were married on or about August 13,1977, and separated on or about March 8,2000. 4. The Defendant has been a bona fide resident ofthe Commonwealth of pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 5. There have been no prior actions of divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. '<0'-"" ~ j " ~ ....,.,'~,; 1. Both the Plaintiff and Defendant are sui juris and are citizens of the United States. 8. The Plaintiff avers as the grounds upon which this action is based is that the Jllarriage between the parties hereto is irretrievably broken. WHEREFORE, the Plaintiff request your Honorable Court to enter a decree divorcing the Plaintiff and Defendant absolutely. COUNT I CLAIM FOR EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 9. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 10. The Plaintiff and Defendant have acquired property during their marriage, which is subject to equitable distribution by this Court ] ] . The Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff requests this Honorable Court to divide all marital property pursuant to Section 3501 and 3502 of the Divorce Code prior to the entry of the final divorce decree. . Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 (7] 7) 737-7760 ill No. 64720 Attorney for the Plaintiff ,;," ,~. ,.~ " ~" ',- ~b..wwLk_1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. MINDER, Plaintiff NO. vs. CIVIL ACTION - LAW MARGARET MARY KORFF MINDER, Defendant IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING James M. Minder, being du1y sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: -'/' j-,cJO ~~n:Y r;~d?u .~~ "''''''.....,~" VERIFICATION I, JAMES M. MINDER, state that I am the PLAINTIFF in the above-captioned case and that the facts set forth in the foregoing 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. Sec. 4904. Date i' j-, 00 ~ >>; f}7~di:J - " ". .-1_"" ,_ .' - ,;.,., '_~-~' -,' "'- . ".---- -, --"",.;., , JAMES M, MINDER, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO, 2000-2085 MARGARET MINDER, Defendant. CNIL ACTION - DNORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and Dauphin County, G, Patrick O'Connor, Esquire, who being duly sworn according to law, states that he served a certified copy ofthe Complaint in Divorce, with attached "Notice to Defend and Claim Rights", upon the Defendant, Margaret Minder, pursuant to Pennsylvania Rule of Civil Procedure 1930.4 by mailing to the said Defendant at 103 Raven Drive, Beaver, Pennsylvania, 15009, her residence by certified mail, restricted delivery, return receipt requested, said certified mail piece being No, Z 215746152; that service of the foregoing was made on April 13, 2000; and that attached hereto marked as "Exhibit A" and incorporated herein by reference is the return receipt, bearing the signature of the Defendant, acknowledging receipt of the aforementioned documents by the Defendant. Sworn to and subscribed before me this !..'JJA.. day of (rJllp , 2004, ~~~ Notary Pu c Q, Patrick O'Counor, Esquire Attorney LD, # 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 COMMONWeALTH OF PENNSYLVANIA NOTARIAL SEAL NANCY L BRESKI, Notary Public llu8queIwa Township, DauphIn COUI1Iy My Commi8aIon Mareh 18.2008 w, . , > '. Complete Items 1', 2, ~nd 3./llso complete " item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . AttaGhtt~Is card to the back of the mail piece, or on t~ffront if space permits. 1. Article A~dressed to: . . ature - D. Is delivery address different from item 1? If YES, enter delivery address below: #tL7tL/dH/~~;'c/.?r /0.3 tf.e-vU>/ LJ/'/~ ;g-..z/~/ /A /SOOY 3. Service Type ~6ertifieell'Maj[i o Registered o Insured Mail ,~-- -....'~ "...~, .- . o Agent o Addressee Dyes o No o Express Mail o Return Receipt for Merchandise o C.O,O. 2. Article Number (Copy from seryice label) 4. "-a~btejjtIDelive~ (Extra Fee) /52- '!, ':" i (i, i I:' ~ p . .~S Fo;m jl!1 ~, July 1'9~9 ;;,::: ,2 2/5 7</ c.. l' i'Jl bbmbtfc Fleturn Receipt EXHIBIT A XYes 102595-99-M-1789 iii" '.1' .' '. """""".1" . - \tI';';"'_~-- ,""jjj...illllll ..'" ~~.li..i-' ,,<. (") c: ."n~;: ~-T;q ~ G~ ./ ~2L .-. ,~ ;:9 ~"; =~ -< . '- ,....) C3 = .r.- =: ;p"" -< o -rJ --{ ::r: n~ 11 IF "TIm :69 9(:) --r -n ~~~~ -.j -,~ s:J -< co " ::E: {....) w U) ~ " _," ._ ,_, _. " '" ~~o-" . , I:,' ,; II I" \~ !'! Ii I~ l~ '[',I.' I: ~ Iff i: !fI I~ 11i I, I' Ig I 'r I I . '""< ',~.'1'",' .-a,""- ''-'<'_'''_'_ -'i JAMES M, MINDER, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, No,: 2000-2085 MARGARET M, MINDER, Defendant. CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT L A Complaint in Divorce under ~ 3301(c) of the Divorce Code was filed on April 5, 2000, 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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, I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa, C,S. ~ 4904 relating to unsworn falsification to authorities, d-j)fI '[ ;8, ;;.00,/ Date' I ~~/!l~ Plaintiff 72185 MIl.':' ~~.- "j ';..c.'~"'--'l"f" '-'-""-'f~c"'f'~~i~ ,""',.......'_h 'h_-" -~~ " (') ~ <=> 0 c:: = -n ~ ~ "1Jl::t~ :Jl: -l ~s~; :<> :J::n -< n1'r- c7.1~~ I -om -<. .',:. W 56 r::r-' ~....,J ~"Ti ~Cl v o:D ~o :Jl: ZO >c w om ~ ~ ~ -< Cl -< ,"0-1<,.-' . ,_-'c ,_ .," ','cC,:'_'_'_!, , "~" ~~: JAMES M, MINDER, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, No.: 2000-2085 MARGARET M, MINDER, Defendant. CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 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 in 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 ofthe Decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this affidavit are true and correct, I understand that false statements made herein are subject to the penalties of 18 Pa, C,S, ~ 4904 relating to unswOul falsification to authorities, aD;'/ L ~B ilQ:)tj Date . f ~f:::~d?:l-VvLdw Plaintiff .'" '" II' ,.' dl~r'-' . ",.,. , ~,L,.,,--~, ~WH ",',"" o C 5: ~t) cy l'1ln ~ ~Z::.i2;.:' z" ~~:;, r;.'\j ,,;- J;:~G bb >~ ~ ..... = = -"'" ~ ,-1 :r:..,., rllp "'9 50 ~-r~ :C.,.. 0.5 am --I "~ 1; '< ::!!: :l>> -< , W -0 :it;: Y? o ,~ .. -,~, - ~~ .. , ~" ~J&~,I JAMES M. MINDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA VS. No.: 2000-2085 MARGARET M. MINDER Defendant CIVIL ACTION -- DIVORCE AFFIDAVIT OF CONSENT 2000: 1. A complaint in Divorce under ~3301(c) of the Divorce Code was filed on AprilS, 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of 3; final decree of divorc~ after service of notice of intention to request entry of the decree, I verify that the statements made in this affidavit are tme and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C,S, ~4904 relating to unsworn falsification to authorities, vi - ~/-(?'1 Date gz~~ Margare . Minder Defendant _-~'~J..o"",,,",.J--[~!filJtl~~Ef,,"D~l-~M.;;l~~~.W_~!!III!IM~~ ~'t' 1 ~"'-"'-UII&Uiaal~iliIIIIiUl~ o G -Of:; r-n\~r' ~~~: %..:-- ~,_., ~'-.." :P(J ~.~Cj J>C z ~ ~--"'"'~ r,;; <= ..,. :$ ::::. I "" .......~IIiiI~.-,,1 ,.." -,.:" ...,. ~. -l'" ;;!;-n ..'1"': -op:j ~T ~o ::c "T. o~ tj(rl ~ ;.t;: E: '!? o "p , ,. & . '~;Jl~- . , . , .=-....\1;:~,i JAMES M. MINDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA VS. No.: 2000-2085 MARGARET M. MINDER Defendant CIVIL ACTION -- DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 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 e~enses if! 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, , . I verify that the statements made in this affidavit are tme and correct. I understand that false statements made herein are subject to the penalties of 18 Pa, C.S, ~4904 relating to unsworn falsification to authorities. . '1- '4-01.( Date c~ .YMlF?n~~ Margar ~inder Defendant !J!_~~I~!l@ljj,jli!!;i;b~1t <__"'UI~ilfill~l!!!IIWii'tlil_WJid[.Mli~~~;~ll\l!;ii!I~AilI.lft] .~ ."""'" "~' "~"~."'-~~,tt ".......~-- .- "" ~~'"_.- '" ...., "'" ~ C = <'" ....- .-065 ::3: ~-n nlfT' ". -/-.-'--~ -< m.- .._~ --'.; r- :2:[". I -om 0')..1> ::uO -<;.~c: w ~6 ~L~ )>r-. " :I:3] ~('j ::x 00 '>c Y? iSm z ~ -=: 0 ;:e:: ""' :x; v;) """- " ~ .'," ...".j~,_: . .A ." JAMES M, MINDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION LAW vs. NO ,00 - 2085 CIVIL 19 MARGARET MARY KORFF MINDER IN DIVOHCE Defendant STATUS SHEET ~/2J.f-(63 -- Dlj,TE: 'b I 'tt~ / 0 'Y J' ,I ~'U'#I4o '(1 ({:)'f 1;J;J.'II",c(tJ'(. ~~~~ I, , ~, .~ -~, -A .~ JAMES M, MINDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 00 - 2085 CIVIL MARGARET MARY KORFF MINDER, : Defendant IN DIVORCE TO: Stanley J, A, Laskowski Attorney for Plaintiff Timothy J, Colgan Attorney for Defendant DATE: Friday, October 25, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed, OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions, ~~ !;;jlf.!l:;'-: . " . .j (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION, AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION, HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY, THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT, ~ ~ -_'I JAMES M. MINDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS, CIVIL ACTION - LAW NO, 00 - 2085 CIVIL MARGARET MARY KORFF MINDER,: Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Stanley J, A, Laskowski Attorney for Plaintiff Timothy J, Colgan , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 24th day of March 2003, at 1:30 p,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: 2/5/02 E, Robert Elicker, II Divorce Master -. ? ;>",---'-".j,"'-; '>, -'",-..- ,_,-' ','c'''-'' ",-,:~ '0 -"""'-o_"fY 0"-":0-,_' CALDWELL & KEARNS JAMES R. CI..IPPINGER CHARLES J. DEHART, III JAMES D. CAMPBELl., JR. JAMES L.. GOL.DSMITH P. DANIEL. AI-TL.AND JEFFREY T. McGUIRE- STANL.EY J. A. L.ASKOWSKI DOUGL.AS K. MARSICO BRETT M. WOODBURN RAY J. MICHAL.OWSKI 'AL.SO A MEME3ER OF NJ BAR A PROFESSIONAL CORPORATION ATTORNEYS AT LAW OF COUNSEL. RICHARD L.. KEARNS CARL G. WASS 3631 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110-1533 THOMAS O. CALDWELL, JR. lI92S-200U June 2, 2004 717-232-7661 FAX: 717-232.2766 thefirm@caldwellkearns.com E, Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: James Minder v, Margaret Minder Docket No, 2000-2085 Dear Mr. Elicker: Please find enclosed two photocopies of a Marital Settlement Agreement executed by the parties in the above matter, Your appointment as Master in the matter is respectfully requested to be vacated so that the parties may obtain a final Divorce Decree, Stanley J, A. Laskowski CALDWELL & KEARNS SJAL:sme encs, cc: Timony J, Colgan, Esquire James M, Minder ,-- ~ -' ~'c.__,~. JAMES M. MINDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYL VANIA vs. No.: 2000-2085 MARGARET M. MINDER Defendant CIVIL ACTION -- DIVORCE CERTIFICATE OF SERVICE AND NOW, this 14th day of December, 2001, Timothy J, Colgan, Esq" attorney for Defendant, Margaret M, Minder, hereby certifY that I served the Rule to Show Cause issued by The Honorable Edward E, Guido dated December 13, 2001 on the party listed below by depositing same in the United States Mail, first class, postage pre-paid to the following addresses: Diane Baker, Esq, PO Box 6443 Harrisburg, PA 17112-0443 Date: /1I-~1'f~f}1 Respectfully submitted, T~ WILEY, LENOX, COLGAN & MARZZACCO, P,C, 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 ID# 77944 .ll;;.....ic;-",I',-,-.;.;,-,:u.~'"-'t1i """~~lii!ilWj~~JiJiill!ll\l~_~- >'"~~,~~~" - ~- .....,;~*'d~iiliI' -~ .~lr.ilii~ "" "". . () c.;. 0 C -"T! $: =:i -.:Joe 1''1 L:;JLD C") ",--_.1_' '-', zr" t::::i crh?': ....., -<~~ ~.~) ~Cj '-0 , ?c- ") ZC~ . , i" >c '..,t,.J ,~ -, ?...::: - '':t:'~ :~ :u ...,..;: -, "-- , ,--",,~' ,,,i' "-', ' '-0-- ~"" OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, .. Divorce Master Traci Jo Colyer Office Manager/Reporter West Shore 697-0371 Ex!. 6535 January 13, 2003 Stanley J, A, Laskowski, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PAl 711 0-1533 Timothy J, Colgan, Esquire THE WILEY GROUP 1 South Baltimore Street Dillsburg, PA 17019 RE: James M, Minder vs, Margaret Mary Korff Minder No, 00 - 2085 Civil In Divorce Dear Mr, Laskowski and Mr, Colgan: Mr. Colgan indicated when he filed the certification document on discovery that discovery was not complete, However, I understand that he needs to have an income and expense statement from opposing counsel so that he can make a proposal, Consequently, I assume that except for the income and expense statement that discovery is complete, A divorce complaint was filed on April 5, 2000, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution, Wife filed a petition on November 12, 2002, raising additional claims for alimony, alimony pendent elite, and counsel fees, costs, and expenses, In accordance with P,R.C,P, 1920,33(b) I am directing each counsel to file a pretrial statement on or before Monday, February 3,2003, Upon receipt of the pretrial statements, I will immediately schedule a pre- ,- ~ ,L _ ~~"r"""", I Mr. Laskowski and Mr. Colgan, Attorneys at Law 13 January 2003 Page 2 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 the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920,33, THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL, FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED, ~~ -I" "',. "^""""::r! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES M, MINDER, Plaintiff, v, MARGARET MARY KORFF MINDER, Defendant. No, 2000-2085 CIVIL MOTION FOR APPOINTMENT OF MASTER James M, Minder, (Plaintiff), moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment () Support ( ) Alimony () Counsel Fees ( ) Alimony Pendente Lite () Costs and Expenses and in support ofthe motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant (has) appeared in the action (personally) and (by her attorney, Timothy J. Colgan, Esquire), (3) The statutory ground(s) for divorce (is) 23 Pa, C,S,A, & 3301(d) - Irretrievable Breakdown, (4) Delete the inapplicable paragraph(s): (a) The:. ac:.l;UH;; not Collte:.skd, (b) An agreement has been reached with respect to the following claims: NI A (c) The action is contested with respect to the following claims: Divorce and distribution of propertv, (5) The action (does not involve) complex issues oflaw or fact. (6) The hearing is expected to take one-half (days), (7) Additional information, if vant to the motion: ft.d/~' f f, Stanley J. A. Laskowski, Esquire Caldwell & Kearns, P,C, Date: October 15, 2002 ORDER APPOINTING MASTER , ANDNOW (k>Ic~j" ,2002, P ~ fh~v:.#) appointed master with respect to the following claims: O~.I-- , Esquire is - . ~-'"' ,< ",.',...; '~.""~ ~l..'hj - -r~.....n","" "-''''~"iIIllIiIiI ~1Il~liIIiiIlilio'1~- ""~_.' , M~ ViNV/\lASNN3d I 'I~jn,""',;-\ {T,,:'JlLF:r:V\in'" /u ; i'-.,.",.' ',,"',;' j'..,">:;j', v . r I" n" 1."0 -'0 L r, ~(., l~Td ,~J I J' G..i Ab~11C;\.Ji~._,.-,.,-!~.,~,j ~-,:.L jO ::<X::1,~:O-{J3 }] t ~" '.", . 'c . -.." ,,'.,;,----.., A".'_ ','.' -::1 ~ - ~ CERTIFICATE OF SERVICE AND NOW, this 15'h day of October, 2002, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the u.s, Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Timothy J, Colgan, Esquire The Wiley Group 1 South Baltimore Street Dillsburg, PA 17019 CALDWELL & KEARNS By: ~9LcW~~{' 46952 .,,_....>1.' - I '<O,c iLlllal1i'.~ 'U' -~" .... "'liiili""" '''0'..''~..''''..'' -~'!~ n c:: s d)tr ~;-.: tJ!, )~' CI" 7;'?-c: )~>~~l --< c::) ,,,", c:> n .~, o --n \"]J cT' ~): ~'"O ,.."' '';.'><;;.2 ;._::",1 _.-, ~. :b -< ::? :::> . [ JAMES M. MINDER v, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET M. MINDER : NO, 2000-2085 CIVIL TERM ORDER OF COURT AND NOW, this 13TH day of DECEMBER, 2001, a Rule is issued upon Plaintiff to Show Cause Why the Defendant's Petition for Special Relief should not be granted. Rule returnable ten (10) days after service. Diane Baker, Esquire For the Plaintiff Timothy J, Colgan, Esquire For the Defendant :sld .~ &~~ .'ce'A'~~"'" ~.. "~I " - iiiiill"UfiW. "" ~. '.l:.:-' '" '," 'ce,,'"' ,~. VI!,r~,t;\l)\Sl"JN:id )\lNnO:~] r:\: !"~'_I.:.~,~:lv\rnJ Sf: :1 )\b'\:~LC~ (', c """I i., v..,!" 10 - '".,."c,~,_ 'iui~ ~ ",', ,J ,,~ 'jliHi,:lj,jg- JAMES M. MINDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYL VANIA vs. No.: ~-Z08~ MARGARET M. MINDER Defendant CIVIL ACTION -- DIVORCE ORDER AND NOW, this day of December, 2001, upon the Petition for Special Relief of Defendant, Margaret M, Minder, it is hereby ORDERED that James M. Minder shall sigu, have properly notarized, and forward the title to the 1995 Toyota Corolla to Margaret M, Minder forthwith so that she may obtain Ohio license plates for the vehicle and get the vehicle registered in Ohio to be in compliance with Ohio law, By signing and forwarding the title, James M, Minder is not relinquishing any claim that he may have to the vehicle as a marital asset to be distributed through the process of Equitable Distribution in the divorce action, BY THE COURT: J, ~'" !,,~~., .~JJ~ " ~ ~.~ ~~ . '~ '~"., JAMES M. MINDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYL VANIA vs. No.: MARGARET M. MINDER Defendant CIVIL ACTION -- DIVORCE PLAINTIFF'S PETITION FOR SPECIAL RELIEF PURSUANT TO Pa. C.S. ~3323(t) AND NOW comes the Defendant, Margaret M, Minder, by and through her attorney Timothy J, Colgan, Esq" and files the instant Petition for Special Relief Pursuant to Pa, C,S, g3323(f) of which the following is a statement: 1. Plaintiff and Defendant are married individuals, 2. A divorce action was initiated by Plaintiff on r,c.. ~ -a:> in the Cumberland County Court of Common Pleas docketed to the above number. 3, Margaret Minder has recently moved to Ohio after accepting ajob transfer with the J,C, Penney Company, 4, The vehicle that Margaret Minder is driving is titled in the names of both James Minder and Margaret Minder, 5, In order to get the vehicle properly registered and inspected in Ohio, Margaret Minder needs the title to the vehicle, 6, Margaret Minder acknowledges that regardless of how the vehicle is titled, the vehicle remains a marital asset subject to Equitable Distribution, 2 .J ~ .. ~ " "",...-1l"'" 7, Margaret Minder, through her attorney, has requested that Mr, Minder forward the executed title to her and he has refused, See letter of November 26,2001 attached as Exhibit A, 8, If the vehicle is not registered and inspected in Ohio by December 15, 2001, Mrs, Minder will be in violation of Ohio law and will be subject to prosecution, 9, Your Honorable Court can properly award the relief requested herein pursuant to its broad equitable powers conferred upon it pursuant to 23 Pa, C,S, ~3323(f), which provides: (f) Equity power and jurisdiction of the court. In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions and other orders which are necessary to protect the interest of the parties or to effectuate the purposes of this Act, and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause, WHEREFORE, Plaintiff requests that this Honorable Court Order James M, Minder to sigu, have properly notarized, and forward the title to the 1995 Toyota Corolla to Margaret M, Minder forthwith so that she may obtain Ohio license plates for the vehicle and get the vehicle registered in Ohio to be in compliance with Ohio law. Resp~fully submitted, ~- Timothy J. q, WILEY, LENOX, COLGAN & MARZZACCO, P.C, 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 ID# 77944 Date: I~ -1'0 -~I 3 " ' ,. _.~~~ ~ '0 '"lfj, JAMES M. MINDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYL VANIA vs. No.: MARGARET M. MINDER Defendant CIVIL ACTION -- DIVORCE CERTIFICATE OF SERVICE AND NOW, this 10th day of December, 2001, Timothy J, Colgan, Esq" attorney for Defendant, Margaret M, Minder, hereby certify that I served Defendant's Petition for Special Relief on the party listed below by depositing same in the United States Mail, first class, postage pre-paid to the following addresses: Diane Baker, Esq. PO Box 6443 Harrisburg, PA 17112-0443 Date: I~ ./,,- ., Respectfully submitted, Ti~~~~ ~LEY,LENOX,COLGAN & MARZZACCO, P,C, 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 ID# 77944 ,.Wl;I ,~ ,=.~ - , "AA' November 26, 2001 Via Fax 17171671-9601 Diane Sommers Baker, Esquire P,O, Box 6443 27 South Arlene Street Harrisburg, PA 17112-0443 RE: Minder v, Minder Cumberland County Diivorce Action Dear Diane: Per our convers'ation, my client has now moved to Ohio and she needs the title to the vehicle she is driving so that sh'9 can get Ohio tags for the vehicle, This needs to be accomplished by December 3, 2001. You indicated that you don't believe your client will agree to sign the title to the vehicle, I have indicated to you that by signing the title, your client will in no way waive his right to equitable distribution of that vehicle, He certainly reserves that issue, However, lam asking that he sign the tide and return it to my client so that she may make sure that she is driving an appropriately licensed vehicle, If I have not heard from you by November 29, 2001, I will prepare and pre::;ent a Petition for Special Relief to the court in Cumberland County regarding this issue. I ~Iope this step is unnecessary, Very truly yours, Wiley, Lenox, Colgan & Marzzacco, P,C, /~~-- by Timothy J, Colgan, Esquire TJC/mar cc: Peggy Minder C:\SERVER-lISERVERICLJENTSICOLGANlMMDERIDIBAl126.WPD - EXN~l 11- bi' " ''''-'''''''''''~'!iIili!lilil~~iIilIliLUlHlIIlI!ilOOllf~~~_iilllIi1IIi - - L ~ " '-'ilI.fuU .i '..0 ' ,~,~ ~~ '11- < t (J () 0- r .I " o <ii -v G~~ q;~,r zL', ~} ~'~:~ CC) 7'~-' zi~-:\ ~c:: 7- ~ ,~-, k' .-' ,., o ,";1 '("j ,;:> r, ':-j1 ;--jl -...,:,; -~"~ r,- .. ,..., (,) We " "'J'r'OJ JAMES M, MINDER, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO, 2000-2085 MARGARET MINDER Defendants CNIL ACTION - DNORCE JURY TRIAL DEMANDED PRAECIPE TO: PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw the appearance of Diane Somers Baker, Es uire on behalf of Plaintiff, James M, Minder. D"WrfL- e Somers Baker, Esquire Attorney I.D. # TJ7.-..::> 27 S, Arlene Street Harrisburg, P A 17112 (717) 671-9610 Attorney for Plaintiff, James M, Minder Please enter the appearance of Stanley J, A. Laskowski, Esquire, of Caldwell and Kearns on behalf of Plaintiff, James M, Minder in the above-captioned action, Dated: 1 to(z-- JJI~( By: Stanley J. A. L ski, Esquire Attorney I.D. #37422 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiff, James M. Minder I. -- ~ """", - CERTIFICATE OF SERVICE 1C-. AND NOW, this ~ day of ~17 a copy of the within document on the following by depositing a true and correct copy of the same , 2002, I hereby certify that I have served in the D,S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Timothy J. Colgan, Esquire The Wiley Group 1 South Baltimore Street Dillsburg, P A 17019 By: ELL&:;YlL. ".'Y" . --';~"c~. ,,,,,-,,,,~~, ."",' , (") c <- -urn me" Z:i~1 :z:c ~~~~ ""C :< 1> r~ 20 5>(= z: ::(! o N L. C r- o -n :::j ['~i,I! ',^);,1 -i~o ~-~~) ~r:.+l r,,~)(~ ~.';':::"n 0' -., '1.:> "Xl -< e) :;c: (..) "-1 ; IllIlt;i JAMES M. MINDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYL VANIA vs. No.: 2000-2085 MARGARET M. MINDER Defendant CIVIL ACTION -- DIVORCE NOTICE TO PLEAD TO James M, Minder: You are hereby notified to file a written response to the enclosed PETITION FOR RELATED CLAIMS within twenty (20) days from service hereof or a judgment may be entered against you, Date: /t> -ib-.e>~ Ti~~a:' P A. Supreme Court ID#: 77944 WILEY, LENOX, COLGAN & MARZZACCO, P,C. 1 South Baltimore Street Dillsburg, PA 17019 717-432-9666 " ,,- ~.""',.'_ "0 --~,~ .~",l'i JAMES M. MINDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYL VANIA vs. No.: 2000-2085 MARGARET M. MINDER Defendant CIVIL ACTION -- DIVORCE PETITION FOR RELATED CLAIMS UNDER DIVORCE CODE AND NOW, TO WIT, this &:1'1 day of p~ leA.- , 2002, comes the Defendant, Margaret M, Minder, by her attorney, Timothy J, Colgan, Esq" and files this Petition for Related Claims Under Divorce Code of which the following is a statement: COUNT I -- ALIMONY 1, Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 2, Defendant requires reasonable support to adequately maintain herself in accordance with the standard ofliving established during the marriage, WHEREFORE, Defendant requests the Court to enter an award of alimony in her favor, COUNT II -- ALIMONY PENDENTE LITE. COUNSEL FEES. COSTS AND EXPENSES 3, Paragraphs one (1) through two (2) are incorporated herein by reference as though set forth in full. 4, Defendant has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. ,"" 5, Defendant is unable to sustain herself during the course ofthis litigation, WHEREFORE, Defendant requests the Court enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate, Dated: (0 - ok> - ~;;... Respectfully submitted, Tim~~~re ~LEY,LENOX,COLGAN & MARZZACCO, P,C, 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 LD, #77944 2 < '"" --"'~, VERIFICATION I, Margaret M, Minder, Defendant, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief, I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, ~4904, relating to unsworn falsification to authorities, Date: I()~ ;).."')-dM2- 'Q5~ . . ,- , Un Margaret , Minder Defendant ~ ~"--- 3 ~ .",,~ ~ - "~-, -d~ -,. ,,'_-., ~ =='.'..,1 JAMES M. MINDER IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNT~ Plaintiff PENNSYLVANIA vs. No.: 2000-2085 MARGARET M. MINDER Defendant CIVIL ACTION -- DIVORCE CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire hereby certifY that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Stanley J, A. Laskowski, Esquire Caldwell & Kearns 3631 N, Front Street Harrisburg, PA 17110-1533 ~ib Timothy J, 0 squire ~EY,LENOX,COLGAN & MARZZACCO, P,C, 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D, #77944 Dated: /'t> - JD-&;... 4 Ill!" " ... --""1ll~:!li!>~llif~ji;l;fJ!"Jjj!l!illW!lSliifiifmlliW~IfJIt:~~,..g;-&~'" .., ~ .~ ,. c.,.,~. .1 ~ ^' '". ,$=. ~,~ >!!rllJB~!illiMlJa--"""'''''",;, .". '. ,"~ ~ '~.'~' w _, ,., ~,'Itiil~~~r~~ p(? ~1i. ............ hJ -l::. t: ~ -lQ .l::: o C) 0' "D :J~ tJ RJ ~~ P-, i':;, w L _. "'~ ~-""",~"",,,..=,,,,.. ~"- ,~.:...... (') c "1:)fi~ rn r~' ;?:;, :i-~ 2':'- C,,,- ~~;.(, IS: ::::} -, \i !I CJ '"~ C) -n ..- I::'; ,~ ,-,', ,; r'0 ':,!-"] -;'7;,::':':; ;~;~() )~~ ~5 -< ;~ --;,,' ....... l~~ :.11 ,..., " 0"',", ~~ . ~". - ~ ,-'" ,~-- " ,~'-,-' - -- ~ <~ -- ""'""v'-c:..,,,:.,. ,-", ,~"'" ,-' " ~' "'" , JAMES M, MINDER, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 2000-2085 MARGARET MINDER Defendants CIVIL ACTION - DNORCE ANSWER TO DEFENDANT'S PETITION FOR RELATED CLAIMS UNDER DIVORCE CODE AND NOW, comes Plaintiff, James M, Minder, by and through his attorneys, Caldwell & Kearns, P,C" and files this Answer to Defendant's Petition for Related Claims Under Divorce Code averring in support thereof as follows: COUNT I - ALIMONY 1, Denied, Defendant's averment purports to raise claims which under the Divorce Code may be joined with an action of divorce or for annulment, and therefore pursuant to Pa~ R.C,P 1920.15, the same averments are deemed denied, no further response is required, To the extent which a response may otherwise be required, Defendant's allegations are denied and Defendant maintains sufficient property to provide for reasonable means and is able to support herself through appropriate employment. 2, Denied, Defendant's averment purports to raise claims which under the Divorce Code may be joined with an action of divorce or for annulment, and therefore pursuant to Pa, R.C.P 1920,15, the same averments are deemed denied, no further response is required, It is .,. ",,- _w " ';","',.., '"P._c .-.'-' '~,';L "'-"',c ,'~ -,C .-'., -'~~,I ! denied that Defendant is in need of support to adequately maintain herself in accordance with the standards ofliving established during the marriage, WHEREFORE, Plaintiff requests the Court deny an award of alimony in Defendant's favor, COUNT II - ALIMONY PENDENT LITE, COUNSEL FEES, COSTS AND EXPENSES 3, Plaintiff s responses to paragraphs one (1) and two (2) are incorporated herein by reference the same as those set forth at length, 4, Denied, Defendant's averment purports to raise claims which under the Divorce Code may be joined with an action of divorce or for annulment, and therefore pursuant to Pa, R.C,P 1920,15, the same averments are deemed denied, no further response is required, To the extent which a further response is deemed required, it is admitted only that the Defendant is represented by counsel. It is denied that Defendant is otherwise unable to pay necessary and reasonable attorneys fees for said counsel as Defendant has sufficient property, reasonable means and ability to support herself through appropriate employment to provide for payment of such fees, 5, Denied, Defendant's averment purports to raise claims which under the Divorce Code may be joined with an action of divorce or for annulment, and therefore pursuant to Pa, R.C,P 1920,15, the same averments are deemed denied, no further response is required, To the extent to which a response is deemed required, Defendant's allegation is denied, as Defendant is 2 ,J ,"" - ,,' ,-,. . - , . .~","" -- -. '-' '- ~. ,,---,< - ~ , ~ I '''':r! . able to sustain herself during this litigation as Defendant maintains sufficient property and reasonable means to support herself as well as through appropriate employment. WHEREFORE, Plaintiff requests that the Court deny Defendant's Request for an award of Alimony Pendente Lite, Interim Counsel fees, costs and expenses, pending final hearing and thereupon deny the award such additional counsel fees, costs and expenses, Respectfully submitted, By: Date: It/t '/1.-- , ~, Stanley J, A, owski, Esquire Attorney I. D, # 37422 Caldwell & Kearns, P,C, 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiff, James M, Minder 02415/48282 3 si,.' - - ',' _,,_, ,."_1-"",, ~,. .',,' -. ~ ,> " , ,,~ i j 1 i 1 I 'I ~ I . VERIFICATION I, James M, Minder, veritY that the averments made in this Petition are true and correct to the best of my knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, 4904, relating to unsworn falsification to authorities, Date: If ;'1 /tJt.- , ~~~ny~;[2;) .1 ' ^.-,,+,<,",,~ '0 =,< CERTIFICATE OF SERVICE AND NOW, this J5!! day of November, 2002, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the D,S, Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Timothy J, Colgan, Esquire The Wiley Group 1 South Baltimore Street Dillsburg,PA 17019 ~LL & KEARNS ~.~' By: Iliii"+;'-'" '.;. <"'.~',,,,,,---.- "'ii~llilllll" -~w.;.~~" ~".' , -, ", ~cy""'~""'~~' ""~"~'~"",,' " ,." - ~- -'7', h,i","' '. '~"~'''"'~ -" " ,~,- 0 c:) C) ~;-; "'-' , -1:.) c' ,~-. ,--~- ," ~~ :~- 'J. (Fj , ".,' ~.:~: ~", :' ~, ...,.. :..) , ' j::' c: ~ ~ ,) -',,) =~' ( ",' -< , "I m < I' ,.", 0-- . ,~, -~ ';;":j . JAMES M, MINDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 00 - 2085 CIVIL MARGARET MARY KORFF MINDER, : Defendant IN DIVORCE TO: Stanley J. A. Laskowski Attorney for plaintiff Timothy J, Colgan , Attorney for Defendant DATE: Friday, October 25, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed, OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions, Discovery is not complete, Defendant's counsel has requested tax returns from the Plaintifffor the years 1985, 1989, 1990, 1991, 1999 and 2000. Defendant's counsel has also requested a list of Plaintiffs monthly income and expenses, Finally, the parties are awaiting a valuation of the marital portion of husband's retirement benefits with the Commonwealth -, , (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery, It is anticipated that discovery will be complete in the next 60 days, Defendant has requested the materials which are in Plaintiffs possession, The request was made on October 16, 2002 and responses are expected on or before November 16, 2002. With regard the valuation of husband's retirement benefits, husband's attorney coordinated for the valuation of those benefits, It is not known when those calculations will be available, /t> - 10 -o;;r- DATE 4~~ CdUNSEL F~NTIFF ( ) COUNSEL FOR DEFENDANT (X) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION, AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION, HOWEVER, IF BOTH COUNSEL, OR A PARTY ,NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY, THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT, ..: _ ___ -0 '," " "_~,, .- 0_ __ "', H'.~ """. __ .".'. "0' '.'_ ~",.___ . ;.-__l.- ~""",_ ";' ~', "', " '" "~'.'" - -, ,_ ';: '0;.---- '"t-', ,~ _:' CALDWELL & KEARNS A PROFESSIONAL CORPORA TION CARL G. WASS "'AMES R. CLIPPINGER CHARLES .... DEHART, III "'AMES D. CAMPBELL, "'R. "'AMES L. GOLDSMITH "'EFFREY T. McGUIRE- STANLEy.... A. LASKOWSKI DOUGLAS K. MARSICO BRETT M. WOODBURN DOUGLAS E. HERMAN RAY J. MICHALOWSKI -ALSO A MEMBER OF' NJ BAR ATTORNEYS AT LAW OF COUNSEL RICHARD L. KEARNS 3631 NORTH FRONT STREET HARRISBURG. PENNSYLVANIA 17110-1533 THOMAS D. CALDWELL. JR. (l928-2001l December 18, 2002 717-232-7661 FAX, 717-232-2766 thefirm@Caldwellkearns.com E, Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: James Minder v, Margaret Minder Cumberland County Docket No. 2000-2085 Dear Mr. Elicker This letter is to follow-up the certification of discovery regarding the above-referenced matter whiCh I forwarded to you on November 8, 2002. As noted therein, Plaintiff previously responded before November 16, 2002, to Defendant's discovery request. No follow-up discovery has been requested by Defendant. Please advise as to when we may expect your Order regarding the filing of pre-trial statements and scheduling of a conference, I thank you for your cooperation and assistance, If you have any questions, please contact me, Stanley J, ,Laskowski CALDWELL & KEARNS SJAL:sme cc: Timony J, Colgan, Esquire James M, Minder 02/415/50076 THE WILEY GROUP Attorneys at La~ Wiley. Lenox. Colgan. Marzzacco . p,c. November 6, 2002 E. Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, P A 17013 Re: James Minder v. Margaret Minder Docket No. 2000-2085 Dear Divorce Master Elicker: Enclosed per your request is the Certification regarding discovery in the above-captioned matter, It is my understanding that the Directive for filing Pre-Trial Statements will be issued either at your discretion or upon certification by both counsel that discovery is complete, If you require additional information, please don't hesitate to contact me, Very truly yours, WILEY, LENOX, COLGAN & MARZZACCO, P,C, ,?A' by Timothy J, Colgan TJC/saf Enclosure cc: Stanley Laskowski, Esq, Margaret Minder jan M. Wiley. David j, Lenox. Timothy j. Colgan. Christopher J. Marzzacco . Christine j. Taylor. David E. Hershey 1 South Baltimore Street. Dillsburg, PA 17019 . Phone: (717) 432-9666 . (800) 682-4250 . Fax: (717) 432-0426 Offices in Harrisburg. York. Carbondale "D'8iI.~;<\~~,:.' _ ~;, "';;:'i'~;-'.tr.'-';"-' -- .'0' "',,.'; ."",.j'~;',:f,,"""'N'C'~'c' "", ___,--. " ,',',""<"",";-;.'..'- . u ~, ,. " " ,'~. "'C'.',,__ c_ - -''',-<.,,'-''<''--"~'' :","';"""'.';;'",_ ~",'"-"O" . ,,\ ~,;;"~--.....";,c~"<:;'",';;,; '^',c"""" " "',,, ,..'-.'" CALDWELL & KEARNS ,.', " A PROFESSIONAL CORPORATION CARL G. WASS JAMES R. CLIPPINGER CHARLES J. DEHART. III JAMES D. CAMPBELL. JR. JAMES L. GOLDSMITH STANLEY \.1. A. LASKOWSKI' JEFFREY T. McGUIRE. DOUGLAS K. MARSICO BRETT M. WOODBURN DOUGLAS E. HERMAN RAY J. MICHALOWSKI .ALSO A MEMBER OF' NJ BAR ATTORNEYS AT LAW OF COUNSEL RICHARD L. KEARNS 3631 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110-1533 THOMAS D. CALDWELL, JR. 0928-2001l November 8, 2002 717-232-7661 F'AX: 717.232-2766 thefirm@caldwellkearns.com E, Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: James Minder v, Margaret Minder Docket No, 2000-2085 Dear Mr. Elicker Enclosed per your request is the Certification regarding discovery in the above- captioned matter. If you require additional information, please call me, SJAL:sme ene, ee: Timony J, Colgan, Esquire James M, Minder - -,- - .,.; 0' ~~ - ~ "~, JAMES M, MINDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO. 00 - 2085 CIVIL MARGARET MARY KORFF MINDER, : Defendant IN DIVORCE TO: Stanley J, A, Laskowski Attorney for Plaintiff Timothy J, Colgan Attorney for Defendant DATE: Friday, October 25, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed, OR IF DISCOVERY IS NOT COMPLETE: (a) :..;S)~""~-- - lL -r _ l~ Outline what information is required that is not complete i~ o~der to -p-;;;are the ~as~~-t~i;';:i and indicate whether there ,~re any outstanding interrogatories or discovery motions, (a) Defendant's counsel has requested tax returns from Plaintiff for 1985, 1989, 1990, 1991, 1999 and 2000, Plaintiff's list of monthly income and expenses, and valuation report of the marital portion of husband's retirement benefits. , ~ -" ~. ~. ,~,(, "1"'/ . --";'--l;~E; , ! I (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery, (b) Upon submission of Plaintiff's response to Defendant's request which will be made before November 16, 2002, discovery will be complete. November 8, 2002 DATE ~t.J(~.L: COUNSEL F ,R!' PLAINTIFF (X) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION, AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION, HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENT~~CERTIFY THAT DISCOVERY ----- --,~_._._--.- ---'-~--'~'fir COliWLE:TE , TDI:RECTIITETO FIL-E PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY, THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT, Jan M. Wiley David J. Lenox Timothy J, Colgan Christopher J, Marzzacco Christine J, Taylor David E, Hershey Diana Woodside WI iii THE WILEY GROUP Attorneys at La~ Wiley, Lenox, Colgan & Marzzacco, p,c. January 31, 2003 E, Robert Elicker, IT, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: James Minder v. Margaret Minder Docket No. 2000-2085 Dear Divorce Master Elicker: Enclosed please find an original and one copy of Defendant's Pre-Trial Statement Pursuant to PA.R.Civ,P. 1 920.33 (b) with regard to the above-referenced action, Kindly file the original and return a time-stamped copy to my office in the self-addressed, stamped envelope which is enclosed, Thank you for your attention to this matter, Very truly yours, WILEY, LENOX, COLGAN & MARZZACCO, P,C, /~~- by Timothy J. Colgan TJC/saf Enclosure cc: Stanley Laskowski, Esq, Margaret Minder 1 South Baltimore Street. Dillsburg, PA 17019 . Phone: (717) 432-9666 . (800) 682-4250 . Fax: (717) 432-0426 Offices in Harrisburg. York. Carbondale www.wileygrouplaw.com ~M~~ ~~~.'fI-'!j'--";:~",.,;:;.q,~,,h ." ,I' '"' ,,,-.:;';f.~"''f,t,,;@-l~"'''t't~ct<'>". - ..' _ ''-V"''d'''''''"''"",Y''':<0'''''~'" ',_'\;4.--"~" ',-._ .' o",.",,,."=,~,--,w "w",,'~, ','", '~,,',="""dC"",,~._~~,-,. ~_ '~ '=";_~ ,,~-' ."-" __ atl ~.- " ~' -- -"~"<,,~ ,~'~',-,,~,'" ,..-,-,"",..,, ,. '-"--.,-)- -='.',.' ~" ~~~., "'I' CALDWELL & KEARNS A PROFESSIONAL CORPORA nON CARL G. WASS .JAMES R. CLIPPINGER CHARLES J. DEHART, III ..JAMES D. CAMPBELL, JR. JAMES L. GOLDSMITH JEFFREY T. McGUIRE- STANLEY .J. A. LASKOWSKI DOUGLAS K. MARSICO BRETT M. WOODBURN DOUGLAS E. HERMAN RAY ..J. MICHALOWSKI -Al.SO A MEMBER OF N,J BAR ATTORNEYS AT LAW OF COUNSEL RICHARD L. KEARNS 3631 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110-1533 THOMAS D. CALDWELL, JR. !l928-20011 February 3, 2003 717-232-7661 FAX: 717-232-2766 thefirm@caldwel1kearns.com E, Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 f.: f I II RE: James Minder v, Margaret Minder Docket No. 2000-2085 Dear Mr, Elicker: Enclosed for filing is an original of Plaintiff's Pre-Trial Statement Pursuant to Pa. R.C.P, No. 1920,33, in the above-captioned matter, If you require additional information, please call me, Stanley J, A. askowski CALDWELL & KEARNS SJAL:sme enc, cc: Timony J, Colgan, Esquire James M, Minder ~ " """':',-<'" ',\.."'^ ~";0:': :! , v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV~~A NO, 2000-2085 / O~ JAMES M, MINDER, Plaintiff, MARGARET MINDER, Defendant. CIVIL ACTION - DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT PURSUANT TO Pa. R.C.P. NO. 1920.33 I. ITEMIZATION OF ASSETS: (See attached chart marked as Exhibit "A" and incorporated herein by reference,) II. EXPERT WITNESSES: Harry L. Leister, Jr, Conrad M, Siegel, Inc, 501 Corporate Circle Harrisburg, PA 17110 (See statements and reports attached hereto and marked as Exhibit "B" and incorporated herein by reference,) Plaintiff reserves the right to call additional experts in rebuttal to Defendant's claims, ':' , " 1 III. WITNESSES: James M, Minder 314 Third Street New Cumberland, PA 17070 Testimony regarding all property, debts and marital issues, Plaintiff (hereinafter "Husband") reserves the right to call other witnesses who may come to light concerning the history of the marriage, accounts, debts, etc" and in rebuttal to Defendant's (hereinafter "Wife") claims, IV. EXHIBIT LIST: (See attached list of Exhibits, exhibit copies attached hereto and marked as Exhibit "C" and incorporated herein by reference,) >---~"" ,.. Husband reserves the right to amend this Exhibit List concerning the history of the marriage, accounts, debts, etc" which come to light and in rebuttal to Wife's claims, V. GROSS INCOME: (See Income and Expense Statement and 2001 Federal Income Tax Return attached hereto and marked as Exhibit "D" and incorporated herein by reference,) VI. CURRENT EXPENSE STATEMENT: (See Income and Expense Statement attached hereto and marked as Exhibit "D" and incorporated herein by reference.) VII. PENSION PLAN/RETIREMENT BENEFITS: (See statements and reports attached hereto and marked as Exhibit "B" and incorporated herein by reference and Itemization of Marital Assets,) VIII. COUNSEL FEES: Not applicable, IX. TANGIBLE PERSONAL PROPERTY: (See Inventory of Personal Property attached hereto and marked as Exhibit "A" and incorporated herein by reference,) X. LIST OF MARITAL DEBTS: (See attached Statement of Liabilities, marked as Exhibit "E" and incorporated herein by reference,) XI. PROPOSED RESOLUTION OF ECONOMIC ISSUES: Marital Residence - Disposed of by prior mortgage foreclosure action, Alimonv - The parties were married on August 13, 1977 and separated on or about March 8, 2000, being a marriage of approximately twenty-three (23) years, The parties have now been separated for a period in excess of two and one-half (2 Yo) years, From the date of separation until the present, Husband has supported his family, wife and two children, through the entry of an Order of Child Support and Spousal Support in the Beaver County Domestic Relations Section dated originally April 2 , ~ . "I I I I " , , . ~ I, !i I I Ie , ""'0',,, , .^, Iii *"":,:~ ~ II ,I , i i 7, 2000, For a total Support Order of $909,18 per month, $250,64 was allocated to Spousal Support and $558,54 allocated to child support, By Order of March 11, 2002, the prior Order of Court was modified effective November 16, 2001 whereby the parties' child of the marriage was removed from the Order as being emancipated, As of the effective date of said Order, Spousal support was continued at a rate of $562,99 per month, to the present. Husband has no current obligation to provide support pursuant to a Domestic Relations Order for his daughter. Husband avers that his Wife, the Wife, is a talented individual, fully capable of earning compensation in her chosen field and profession, substantially beyond that level of compensation which she presently receives, Wife is a hair stylist who has advanced training and teaching certification in hair styling, Further, Husband avers that the Wife has maintained steady and consistent employment since 1977, and is capable of continuing said employment at a level to be self-supporting, Post separation, Husband paid a total of $2,986,62 to Homewide Lending for joint marital mortgage; $1,706,01 to Conseco for joint credit card consolidation loans; $26,52 for joint utility bills; and $270.00 for joint Chase Mastercard, As a result of all the foregoing, Husband proposes that no alimony be awarded to Wife, Counsel Fees - Each party to pay own counsel fees, Personal Propertv - Parties to retain personal property currently in their possession, Items designated ("H") on Exhibit "A" to be retained by Husband; items designated ("W") to be retained by Wife, Vehicles - Wife to retain 1995 Toyota; disposition of 1995 Toyota to wife (previously titled jointly, all rights being reserved to Husband against vehicle as marital property), subject to payment of $3,990 for one-half of the value of the vehicle, payment of such funds to be credited and offset towards the distribution of the defined pension benefit and 401 (k) deferred pension plans of the parties, IRNAnnuitv - Not applicable, Insurance - Wife retains her J,C. Penny/Prudential (term) life insurance policy, Personal Bank Accounts - Husband and Wife respectively retain their personal checking accounts, Pensions - A lump sum payment is proposed to be made to Husband of the equivalent of one-half of Wife's J,C, Penney Savings Plan, adjusted for accruals and losses to date. Husband and Wife will retain their respective deferred compensation plans, 3 " -'-,- -,:, , .'.'_ _"'._ _"",'e . ',""" .- '. ".~'L~~, '-."'-: ,'" , lB!Ih!" Husband acknowledges that he has a defined retirement benefit pension plan available through the State Employee Retirement System and a related 401 (k) deferred compensation program, both of which have been identified on the Inventory and Appraisement attached as Exhibit "A" and expert report attached as Exhibit "B", It is believed that Wife has a deferred compensation plan; having an estimate value of $5,036.51 plus interest and/or dividend accruals, Husband proposes that marital interest attributable to Wife in distribution hereunder be divided pursuant to a qualified Domestic Relations Order. The terms and amounts of Husband's Retirement benefits that would be payable to Wife as an alternate payee after SERS approves the Domestic Relations Order is dependent upon the options which are selected by the member upon retirement. Husband proposes that a lump sum withdrawal of an amount required to pay the alternate payee as set forth below of Husband's contributions and interests be made, At the time of Husband's retirement, Husband may select his monthly retirement benefit from any option which is offered by SERS, It is proposed that Husband retain his deferred compensation program benefit as a partial offset of the 1995 Toyota Corolla which was retained by Wife as well as the marital debt paid post-separation by husband. It is further proposed that 50% of the marital property component of Husband's defined Pension Benefit Plan shall be allocated to Wife as her equitable distribution portion of this marital asset. The marital property component shall be calculated as the coverture fraction multiplied by Husband's retirement benefit on the effective date of Husband's retirement calculated by using a final average salary for Husband of $40,200, as of March 8, 2000, instead of Husband's actual then final average salary, Husband's period of Member Service as defined by SERS, for purposes of the coverture calculation, shall be for the period of time from July 15,1990 (date of hire) to March 8, 2000 (date of separation), divided by the total amount of Husband's member service, as defined by SERS, on the effective date of Husband's retirement. Husband proposes that his retirement benefits are defined as monies paid to or on behalf of SERS accepting and excluding disability portion of any disability benefits paid to Member by SERS or any deferred compensation benefits paid to Husband by SERS, The amounts to be paid to Wife shall be payable and commence as soon as administratively feasible on and about the date the Wife enters into a pay status after approval of the Domestic Relations order, whichever is later. Husband will provide appropriate authorization for alternate payee in a form acceptable to SERS, authorizing SERS to release to Wife information concerning Husband's retirement account with respect to the distributed equitable portion of the marital assets to Wife, Wife shall not exercise any rights, privileges and options that are not offered otherwise by SERS, All taxable/non-taxable portions of any benefits shall be allocated between Husband and Wife according to the distribution provided 4 ...~__o - _ ~ ,1- ~" .; '. r'" ',' ~",,>:, '~"" ' "= " ~-;' ~~, herein, In no event shall Wife have any benefits or rights which are available to the member by virtue of the distribution herein. Wife shall be entitled only to specific benefits which are offered. Any and all other rights, privileges and options offered but not granted to the Wife by this said distribution are preserved for Husband, It is further proposed that the Court of Common Pleas of Dauphin County, Pennsylvania retain jurisdiction to amend the Domestic Relations Order only for purposes of establishing or maintaining it as a Domestic Relations Order; providing further that no amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS and that no further amendment or right of the Court will be provided for an amendment will invalidate said Order. The qualified Domestic Relations Order will take effect immediately upon approval by SERS and shall remain in effect until further order of Court. Respectfully submitted, CA.LDWELL & KEARNS Dated: February 3 ,2003 P' / /~ By: ~ owski, Esquire Attorney 1.0, 7422 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff, James M. 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'" '" '" '" '" '" ~ ~ ~ ~ ~ ~ ~ "E "E ~ I "E ~ >"I I:: E-< <l.) <l.) <l.) <l.) !:1 g g !:1 g g < ;::l ;::l ~ U U U U U U U 0 >"I 0 0 ~ 0 0 0 0 0 0 0 ...l 0 0 0 ~ 0 0 0 < 0 0 0 0 V) 0\, 0 '-0 V) M M M - V) > <A '" '" '" <A <A <A , 00 ~ ~ , ~ '-0 - , ~ I-< '!to '" <l.) OIl Z <l.) "1:i I:: ..<:: .- 0 Ol .~ '" ~ ,.,. .... .- Q 0 <l.) E-< I:: <l.) <l.) ~ '"d :E OJ) ..<:: Zil ~ "1:i U 0 Ol g 0 ~ u i I-< ~ 0 '" <l.) ~ Uoo '" ;::l g "E 00 ~V) >"I U @ 00 0 <l.) 0\ tZlo ~ :r: U > E-< Pi.. - il-<M ~ M M .,r V) '-0 t- I'i o .- 1;j ~ if '" , ~ '" o Po, I:: .~ <l.) I-< <l.) ..<:: 13 1;j I-< <l.) ~ '" Ol "1:i <l.) I-< .~ 5- Q Ol '" - <l.) '" '" < 0\ M t- oo :1: V) - ~ M o r ,. . - Conrad M. Siegel, FSA Harry M. Leister, Jr., FS.A. Clyde E. Gingrich, FSA Earl L. Mummert, M.A.AA Robert 1. Dolan, A.S.A. David F. Stirling, A.S.A. Robert J. Mrazik, F.S.A. David H. Killick, F.S.A. Jeffrey S. Myers, F.S.A. Thomas L. Zimmerman, F.S.A. Glenn A. Hafer, F.S.A. Kevin A. Erb, F.S.A. Frank S. Rhodes, FSA, A.CAS. Holly A. Ross, ESA Charles B. Friedlander, FS.A. John W. Jeffrey, FS.A. Denise M. Polin, F.SA Thomas W. Reese, A.S.A. Janel M. Leymeister, eEBS Mark A. Bonsall, FS.A. Jonathan D. Cramer, A.SA John D. Vargo, A.SA David H. Stimpson, EA Jamison W. Lindsey _.. '. -~ . .=;.<... -~ ,~ ".""" Conrad M. Siegel, Inc. Actuaries/Benefit Consultants 501 Corporate Circle. P.O. Box 5900. Harrisburg, PA 17110-0900 PHONE (717) 652-5633. FAX (717) 540-9106. www.cmsbenefils.com October 28, 2002 Stanley J.A. Laskowski, Esq, Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 Re: James M. Minder v. Margaret Minder Dear Mr. Laskowski: You provided me with the following information concerning James M. Minder: 1. Date of birth - August 24, 1956. 2. Date married - August 13, 1977. 3. Date separated - March 8, 2000. 4. Data with respect to his status under the State Employees' Retirement System as follows: a. Years of service - 9.5 (Class A-60) as of December 31, 1999 and 10.50 (Class A-60) as of December 31,2000. b. Accumulated contributions plus interest - $18,714 as of December 31, 1999 and $21,682 as of December 31, 2000. c. Final average salary - $39,814 as of December 31, 1999 and $41,906 as of December 31, 2000. d. Normal retirement date - August 24, 2016 (age 60). 5. Data with respect to his status under the Deferred Compensation Program as follows: a. Account balance at December 31,1999 - $5,213. b. Account balance at March 31, 2000 - $5,326. c. Account balance at June 30, 2002 - $6,540. d, An indication that no contributions had been made from December 31, 1999 until June 30, 2002. I ", < -~ -ri " ,'" . _, ~._ e'.""" ~,- ""', - ~ J ;~~~~ Conrad M. Siegel, Inc. Stanley J.A. Laskowski, Esq. October 28, 2002 Page 2 Based upon a straight line interpolation, I determined the estimated data under the State Employees' Retirement System as of March 8, 2000, the date of separation, as follows: 1. Years of service - 9.64. 2. Accumulated contributions plus interest - $19,267. 3. Final average salary - $40,200. Currently, James M. Minder is 46 years of age (age nearest birthday). The State Employees' Retirement System is a defined benefit pension plan. The pension benefit provided upon retirement is based upon the final three-year average salary and the years of service. Normal retirement for James M. Minder is age 60. The figure that is marital property for divorce purposes for a defined benefit pension plan is the present value of the pension earned during the marriage. The following table shows the pension benefit earned as of March 8, 2000, adjusted for retirement at ages 60 and 62, and the present value of the pension earned during the marriage: Retirement Pension Benefit Present Value Pension Earned Durine: Marriae:e Age 60 Maximum single life annuity of $807 $57,990 Refund of contributions plus interest & maximum single life annuity of $594 $60,728 Age 62 Maximum single life annuity of $807 $49,983 Refund of contributions plus interest & maximum single life annuity of $564 $52,534 The pension benefit earned as of March 8,2000, was earned during the marriage. =- - ,^.'.-<.-~. <-- J " ~- . - - ~ _{'7___' ,',.,- .~ .-....~, j ,;:_~ Conrad M. Siegel, Inc. Stanley J.A. Laskowski, Esq. October 28, 2002 Page 3 The present value calculations are based upon the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations except that mortality was not taken into account prior to the commencement of the pension. The interest rate is 5.3% per year for 25 years followed by 4.25% per year. The mortality is in accordance with the 1983 Group Annuity Mortality Table. In my opinion, the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations are appropriate for the purpose of determining the present values. The figures in this report take into account the legislation signed by Gov. Tom Ridge on May 17, 2001, increasing the pension multiplier from 2.0% to 2.5%. The Deferred Compensation Program is a defined contribution pension plan. The figure that is marital property is the account balance on the date of separation accumulated with investment results only from that date until the current date. Based upon the data previously described, I determined that the account balance as of March 8, 2000, the date of separation, amounted to $5,297. Accumulating this figure with investment results only provides for an accumulated amount as of June 30, 2002, of $6,540. With best regards, Y~OUrSSi~~I~ I~ . Harry . Leister, Jr./~.A. Consu ting Actuary HML:kad EXHIBIT LIST . Report - Harry M. Leister, Jr., F.S.A . Federal Tax Return - James Minder 2002,2001,2000, 1999 . Domestic Relations Orders - 04/07/00; 03/11/02 . SERS - Statement of Account - Deferred Compensation Plan James Minder - 03/21/00 . SERS - Statement of Account - Deferred Compensation Plan James Minder - 1999,2000,2001 . J.C. Penny - Statement of Account - Savings Plan Statement Margaret Minder - 03/08/00; 06/26/02 . J.C. Penny - Dividend Pass-Through Statements - Margaret Minder 199, 2000, 2001 . J.C. Penny - 1988 Saving Profit-Sharing & Stock Ownership Plan Statement Margaret Minder . Defendant's Answers to Plaintiffs Interrogatories . Defendant's Responses to Plaintiffs Request for Production of Documents (2001 Federal Tax Return, Paystubs, Retirement Account Statements, Credit Reports, Bank Account Statements) 52032 ~~ JAMES M. MINDER, Plaintiff, v. MARGARET MINDER, Defendant. -.. -'~' - ~!j i , I I I ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-2085 CIVIL ACTION - DIVORCE JURY TRIAL DEMANDED INCOME AND EXPENSE STATEMENT OF JAMES M. MINDER James M. Minder files the following Income and Expense Statement and verifies that the statements made herein are true and correct. James M. Minder understands that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Type of Work: Payroll Number: Pay Period (Weekly, Biweekly, Gross Pay Per Pay period: Itemized Payroll Deductions: Federal Withholding Social Security Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Subtotal Other (specify) Waqe Attachment- Spousal Support INCOME: Employer: Address: NET PAY PER PAY PERIOD ~i7J~~ Dated: JC)/'(..- () ~ / ij 2~ ~ ~ Commonwealth of Pennsylvania 9th Floor, Keystone Building 400 North Street Harrisburg, PA 17120 Internal Audit Department etc.) : Biweekly $1,906.50 $ 319.13 145.84 27.64 53.38 119.16 0.00 0.00 0.00 $ 0.00 $1,241.35 $ 259.84 $ 981. 51 I _~ < ~~ < ';"- ,~'" ~ ;", . ~j 'I I I I' ,I " I' I ;j Other Income: Week Month ,i ,I Year j i " Interest ., , Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compo Workmen's Compo Federal Employees Retirement System Support from Spouse TOTAL EXPENSES: Week Month Year HOME Mortgage/Rent (Estim. ) $ 158.75 $635.00 Maintenance 0.00 0.00 Utilities 0.00 0.00 Electric 15.00 60.00 Gas 2.50 10.00 Oil 12.50 50.00 Telephone 18.75 75.00 Water 11.25 45.00 Sewer 0.00 0.00 EMPLOYMENT Public Transportation 0.00 0.00 Lunch 27.50 110.00 TAXES Real Estate 0.00 0.00 Personal Property 0.00 0.00 Income 0.00 0.00 INSURANCE Homeowners 0.00 0.00 Automobile 17.75 71. 00 Life 0.00 0.00 Accident 0.00 0.00 Health 0.00 0.00 Other (Dental-AFGE Dental Trust) 2 '.~ M" EXPENSES: Year AUTOMOBILE Payments Fuel Repairs MEDICAL Doctor Dentist Orthodontist Hospital Medicine Special needs (qlasses, braces, orthopedic devices) EDUCATION Private school Parochial School College Religious PERSONAL Clothing Food Barber/Hairdresser Credit Payments Credit Card Charge Account Memberships LOANS Credit Union Student Loan MISCELLANEOUS Household Help Child Care Papers/Books,/Magazines Entertainment Pay TV Vacation Gifts Legal Fees Charitable Gifts Other Child Support Alimony Payments OTHER TOTAL EXPENSES PROPERTY OWNED: Week 0.00 15.00 13.75 5.00 10.00 0.00 13.75 3.75 0.00 0.00 0.00 0.00 31. 75 68.75 3.75 0.00 0.00 18.75 10.50 0.00 0.00 5.00 10.00 0.00 0.00 0.00 75.00 0.00 0.00 0.00 $ 548.75 3 --,',- ",,;.,q Month 0.00 60.00 55.00 20.00 40.00 0.00 55.00 15.00 0.00 0.00 0.00 0.00 127.00 275.00 15.00 0.00 0.00 75.00 42.00 0.00 0.00 20.00 40.00 0.00 0.00 0.00 300.00 0.00 0.00 0.00 $2,195.00 .,. _ c.-'.. ~",_- :,-,.i.:.:' - ~ ~~ "'0-"- -, ':;'c;-- -,-,' ,.~-" ;,"";"~- '",__~.-.:_,,_,,_ .,';:,,-_.,_ Ownership: James M. Minder Description Value Checking Accounts Savings Accounts Credit Union Stocks/Bonds Real Estate Other PSECU $ 500.00 $ $ $ $ $ TOTAL $ INSURANCE Ownership Company PEBTF Hospital Blue Cross Other Medical Blue Shield Policy No. PEB16148205800 Other Health/Accident Disability Income Dental Delta Dental Other -Vision PEBTF #0139400161-48-2058 Prescription PEBTF #0139400161-48-2058 * H=Husband; W=Wife; J=Joint; C=Child 02415/48679 4 H W x H W J X X X C X X C None X X C X X C ,," :0,';"'1 ~ j 1 J . , ., '~'.. ,',\ ~--. "-fir,:j SUPPLEMENTAL INCOME STATEMENT (a) This form is t be filled out by a person (check one) : ~ (1) who operates a business or practices a profession, 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 following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and See Attached. (2) the most recent Profit and Loss Statement. See Attached. (c) Name of business: Address and Telephone Number: James M. Minder, CPA 314 Third Street New Cumberland, PA 17070 (717) 770-0217 (d) Nature of business (check one) : (1) partnership (2) joint venture -.lL (3) profession (4) closed corporation (5) other (e) Name ot accountant, cOntroller or other person in charge of fin~noi~l r~oords, J~m~s M. Mind~r (f) Annual income from business, S].79~.OO (1) Hdw often is income received: Majority of income is received in first calendar quarter, annually. (2) Gross Income Per Pay period: - N/A (3) Net Income Per Pay period: $3,242 Annual (4) Specified Deductions, if any: 5 ."",-,-" l' - ,. > .~." _ ~_";' . ''-' "C,,' :;, .;__:;.; '_;~ ,_~,',;___~",;,-,~_ ",_', -.-ii. ' ,,~_", ,",,". "A '-;,'" '>'1: James Minder 2002- Income and Expense Statement (unaudited) Tax and Accounting Fees Total Income $10,654.00 $10,654.00 Auto Expense Depreciation Legal/professional Office Expenses Taxes & Licenses Meals and Entertainment Internet Hosting Professional Publications Seminars Postage Office Moving Telephone Software Total Expenses 934.00 376.00 250.00 586.00 45.00 41.00 275.00 488.00 0.00 123.00 1,698.00 362.00 1.295.00 $6,473.00 Net Income $4,181.00 EXHIBIT A , J;lepartment 01 the Tre'Bsury. Internal Revenue Service 2002.1 (99) Form Jli)4lil 1I.S. Individual Jhc.ome Tax Return ' , e, . -,. __ ,,_ "__._..,,.. .._.. _". ~ IRS Use Only-Do not write or staple, in t~is space. Label , For the year Jan. 1.Dec. 31, 2002, or othertax year beginning , 2002, ending ,20 . 1.0MB, _No. 1.5.45-0074 L Your mst name and initial Last name Your social sbcurity nurl'lbbr (See A instructions B JAMES M MINDER 161-48-2058 on page 21.) E If a joint return, $pouse's first name and initial Last name L Spouse's social security nurriber Use the IRS label. H ... -. Home address Important! Otherwise, E please print R 314 THIRD STREET You must enter ortypa. E City, town or pm;t office, state, and ZIP code. If you have a foreign address, see page 21. your SSN(s) above. Presidential NEW CUMBERLAND PA 17070 Election Ca-mpaig'f1 ... (See Rage 21.) r 1 X Single 2 Married filing jointly (even if only one had income) 3 Married filing separately. Enter spouse's SSN above and full name here. ~ Filing Statlils Checkoniy onebbx. Exemptions If more than five dep'endents, se'epage22. Income Attach FO'rms W-2 and W-2G here. Also attach Form(s) 1099-R if tax Was withheld. If you die! not get a W-2, st:!e page 23. Enclose, but do not attach, any payment. Also, please use Form 1040-V. Adjusted Gross Income (1) First name Last name d 7 TC)~I nUll)ber of exemptions claimed. . . . . Wages, salaries, Ups, etc. Attach Form(s) W-2 8a b 9 10 11 12 13 14 15a 1Sa 17 18 19 20a 21 Taxable interest. Attach Schedule B if required Tax-exempt interest. Do not include on line 8a 8b Ordinary dividends. Attach Schedule B if required . . . . . . Taxable refunds, credits, or offsets of state and local income taxes (see page 24) Alimony received ............................. Business income or (loss). Attach Schedule C or C-EZ ........... Capital gain or (loss). Attach Schedule D if required. If not required, check here ~ Other gains or (losses). Attach Form 4797 ................. . . IRA distributions .... . 11~~J I b Taxable amount (see page 25) Pen'sions and annuitie's . . ~ b Taxable amount (see page 25) Rental mal estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E Farm Income or (loss). Attach Schedule F . . . . . . . . . . . . . Uhem'ployment compensation . . . . . . . . . . . . . Social security benefits . . ~ I b Taxable amount (see page 27) Other income. SALE OF CHINA 252 21 22 Add the amounts in the far right column for lines 7 through 21. This is your total income .. ~ 22 23 Educator expenses (see page 29) 23 24 IRA dee!uction (see page 29) ........ 24 25 Stue!ent loan interest deduction (see page 31) 25 443 26 Tuition and fees deduction (see page 32) 26 27 Archer MSA deduction. Attach Form 8853 . . 27 28 Moving expenses. Attach Form 3903 . . . . 28 29 One.half of self-amployment tax. Attach Schedule SE 29 296 30 Self.employed health insurance deduction (see page 33) 30 31 Self-employed SEP, SIMPLE, and qualified plans 31 32 Penalty on early withdrawal of savings 32 33a Alimony paid b Recipient's SSN ~ 169 -52 -3 590 33a 7,088 34 Add lines 23 through 33a ................... 35 Subtract line 34 from line 22. This is your adjusted gross income For Disclosu're, Privacy Act, and Paperwo'rk Reduction Act Notice, see page 76. EEA No 1 lJepeOdertts-on6c not enteted aoove A(jjj numbers on lines aboVe ~ 7 8a 45,550 16 .0 9 10 11 12 13 14 15b 16b 17 18 19 20b 4,181 252 49,999 ~ 7,827 42,172 Form 1040 (2002) ~~~ ~,- '_'_r" " Form 1040,(2002) JAMES M MINDER ;36 37a 54 55 56 57 S8 59 60 61 62 63 64 65 ~6 67 68 69 70 71a ~ b ~ d 72 Amount of line 70 you want appliedtoyour2003estimatedtax ....... 73 Amounl you oW... Subtract line 69 from line 61. For details on how to pay, see page 57 74 Estimated tax penalty (see page 57) ............. 74 Do you want to allow another person to discuss this return with the IRS (see page 58)? Tax and Cred its Standard DediJction 10r- . People who checked any box on line 37a or 37b or who can be claimed as a dependent, see pag~ 34. . All others: Sinl'jle, $4,700 Head of household, $6,900 Ma:tried filihg jointly, or Qualifying widGw(er), $7,850 Married filing separately, $3,925 Other Taxes Payments If you have a qualifying child, attaCh SchedUle EIC. Refund Direct deposit? See page 56 and fill in 71 b, 71c, and 71d. AlTlount YOu Owe Third Party Designee Sign Here Amount from line 35 (adjusted gross income) ..................... Check if: DVou were 65 or older, 0 Blind; DSpouse was 65 or older, 0 Blind. Add the number of boxes checked above and enter the total here ... 37a b If you are married filing separately and your spouse itemizes deductions, or you were a dual-status alien, see page 34 and check here ....... ... 37b 0 Itemized deductions (from Schedule A) or your standard deduction (see left margin) Subtract line 38 from line 36 ............................ If line 36 is $103,000 or less, muitiply $3,000 by the total number of exemptions claimed on line 6d. If line 36 is over $103,000, see the worksheet on page 35 .......... Taxable income. Subtract line 40 from line 39. If line 40 is more than line 39, enter -0- Tax (see page 36). Check if any tax is from aD Form(s) 8814 b 0 Form 4972 Alternative minimum tax (see page 37). Attach Form 6251 Add lines 42 and 43 .............. Foreign tax credit. Attach Form 1116 if required 38 39 40 41 42 43 44 45 46 47 48 49 50 51 S'2 53 b 0 Form 8859 a 0 Form 3800 4S 46 47 48 49 SO 51 52 ~, '1,:( Credit for child and dependent care expenses. Attach Form 2441 Credit for the elderly or the disabled. Attach Schedule R Education credits. Attach Form 8863 ......... Retirement savings contributions credit. Attach Form 8880 Child tax credit (see page 39) . . . . . . . . Adoption credit. Attach Form 8839 . . . . . . . . Credits from: a 0 Form 8396 Other credits. Check applicabie box(es): b 0 Form 8801 c 0 Specify Add lines 45 through 53. These are your total credits Subtract line 54 from line 44. If line 54 is more than line 44, enter -0- Self-employment tax. Attach Schedule SE ............ Social security and Medicare tax on tip income not reported to employer. 53 Attach Fonn 4137 Page 2 ~ 4,700 37,472 40 3,000 41 34,472 42 5,654 43 44 5,654 Tax on qualified plans, including IRAs. and other tax-favored accounts. Attach Form 5329 il required Advance earned income credit payments from Form(s) W-2 Household empioymenttaxes. Attach Schedule H Add lines 55 through 60. This is your total tax Federal income tax withheld fram Forms W-2 and 1099 62 63 64 65 66 67 68 8,049 ~ 54 55 56 57 58 59 60 61 6,245 2002 estimated tax payments and amount applied from 2001 return Earned incom'e credii CEIC) . . . . . . . . . . . Excess social security and tier 1 RRTA lax withheld (see page 56) Additional child tax credit. Attach Form 8812 Amount paid with request for extension to file (see page 56) Dtherpayri1entsfrom: aD Fonn2439 bD Form 4136 cD Form8a85 Add lines 62 through 68. These are your total payments If line 69 is more than line 61, subtract line 61 from line 69. This is the amount you overpaid 5,654 591 ~ ~ 8,049 1,804 1,804 Desi!]nee'sname ~JAMES M MINDER Phone no. Personal identification ~717-770-0217""mbe'(PIN) ~~ ~ ~ Under penalties of pe~ury, I declare that I have examined this retum and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. Joint return? YC/ursignature Date Youroccupalion Daytime phone number See page 21. ~ s,,",,', ,Igoal"", It a 10101 retum, 3UPERVISOR Keep a copy both must sign. Date Spouse's occupation for your records. Paid Preparer's ~ I Dale \~hecklf 00 I P;~"~';: ~';~N4 slgi14ture self-employed Preparer's Flrrn's nama (or JAMES M MINDER, CPA EIN 23-2947322 Use Only your.; if self-employed), ~ 314 THIRD STREET address, and ZIP code PA 17070 Pho", 00, 717-770-0217 NEW CUMBERLAND EEA Form 1040 (2002) , ~""~- " , '~.I' ,.-, ,,,,,.-. ."--' - - ;.~ ~';" " SCHEDULE 'c (Form 1040) ;-".-,'-' ,,_,"c'.J'_C ~~ . ~, 'o::. Profit or Loss From Business (Sole Proprietorship) IiJo Partnerships, joint ventures, etc., must file Form 1065 or Form 1065-8. ~ Attach to Form 1040 or Form 1041. .. See Instructions for Schedule C (Form 1040). Department of the Treasury InteIT!al Revenue Service (99) Name of proprietor JAMES M MINDER A Prilicipa:l busili'e'sS dr profession, including product or service (see page C-1 of the instructions) PUBLIC ACCOUNTING C Business name. If ho separate business name, leave blank. JAMES M MINDER, CPA E Business address (including suite orroom no.) .. 314 THIRD STREET City, town or post office, state, and ZIP code NEW CUMBERLAND, PA F Accountingmethoa: (1) [Rj Cash (2) o Accrual (3)0 Other(specify) .. OMS No. 1545-0074 2002 Attachment Sequence No. 09 ! i: , , ! Social security number (SSN) 161-,4.8-2058 8 EntercOdefrompagesG-7.8&9 I ... 5.41211 o Employer 10 number (EIN). if any 23-2947322 PA 17070 G Did you "materially participate" in the operation of this business during 2002? If "No," see page C-3 for limit on losses H, ,I(}iou started or acquired this b!Jsiness during 2002, cJ:leck here U!iltlltl I"Gome 1 Gross receipts or $ales. Caution: If this income was reported to you on Form W-2 and the "Statutory employee" box dn that form was checked, see page C-3 and check here 2 Returns arid allowances 3 Subtract line 2 from line 1 4 Cost of goods sold (from line 42 on page 2) 5 Gross profit. Subtract line 4 from line 3 6 Other income, includin'g Federal and state gasoline or fuel tax credit or refund (see page C-3) 7 .Gross..i"~Qm~. Addlines,5 and 6 II!i!iltttlll 8 9 Exp'e'tlse's. Ehter ex~el1ses for business uS'e of your home dnly on line 30. ..0 A'dvertisih-g 8 19 Pension and fDrofit-sharing plans Bad debts from sales or 20 Rent or lease (see page C-5): se'rvicEl's (see pag$ C-3) 9 a Vehicles, machinery, and equipment 10 Ca:r and truck expenses bOther busines's property (see page C-3) 10 934 21 Repairs and maintenance 11 Commissions and fees 11 22 Supplies (not included in Part III) 12 Depletion. 12 23 Taxes and licenses 13 Depreciation and section 179 24 Travel, meals, and entertainment; expense deduction (not included a Travel in Part Iii) (see page C-4) 13 376 b Meals and 14 Employee be'nefit programs entertainment (other than on line 19) . 14 c Enternondeduc- tible amount in- 15 Insurance (other than health) 15 cluded on line 24b(see 16 Interest: page C-5) 42 a MQrtgage (paid to banks, etc.) 16a d Subtract line 24c from line 24b bOther. 16b 25 Utilities 17 Legal an'd professional 26 Wages (less employment credits) services 11 250 21 Other expenses (from line 48 on 18 O~ice expense 18 586 page 2) 2'8 Total exp'erises befote expenses for business use of home. Add lines 8 through 27 in columns 2'9 Tentative profit (loss). Subtract line 28 from line 7 3'0 Expenses fdr business use of your home. Attach Form 8829 31 Net profit or (loss). Subtract line 30 from line 29. elf a profit, enter on Form 1040, line 12, and also on Schedule SE, line 2 (statutory employees, see page CoB). Estates and trusts, enter on Form 1041, line 3. -If a loss, you mUst go to line 32. 32 If you have a lossl check the box that describes your investment in this activity (see page C-6). elf you checked 32a, enter the loss on Form 1040, line 12, and also on Schedule SE, line 2 (statutory employees, see page C-6). Estates and trusts, enter on Form 1041, line 3. -If you checked 32b, you must attach Form 6198. Fcir Paperwork Redl.lction Act Notice, see Form 1040 instructions. EEA . ~ ~e: R No 1 2 3 4 10,654 10,654 5 6 10,654 .. 1 10,654 .- 20a 20b 21 22 23 45 24a 83 24d 25 26 41 .. 21 28 2,543 4,775 29 30 5,879 1,698 } } 31 4,181 32a 0 All investment is at risk. 32b D Some investment is not at risk. Schedule C (Form 1040) 2002 ~ , __ "n, .~ _, '-- -~"---_,i\' Schedule C (Form 1040) 2002 Name(s) JAMES M MINDER Bll:jUJ; Cost of Goods Sold (see page C-6) 33 Method(s) used to vatu~ closing inventory: a D Cost b 0 Lower of cost or market c 0 Other (attach explanation) Was there any change in determining quantities, costs, or valuations between opening and closing inventory? If "Ves," attach explanation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. D Ves PUBLIC ACCOUNTING 541211 Page 2 SSN 161-48-20'58 34 35 Inventory at beginning of year. If different from last year's closing inventory, attach explanation 35 36 Purchases less cost of items withdrawn for personal use 36 37 eGst of labor. Do n6t include any amounts paid to yourself 37 38 Materials and supplies 38 39 Other coSts 39 4'0 Add lines 35 through 39 40 41 Inventory at end of year 41 4,Z Cost of goods sold. Subtract line 41 from line 40. Enter the result here and on page 1, line 4 4Z f"iR#II1Yil Information on Your Vehicle. Complete this part only if you are claiming car or truck expenses on ~No line 10 and are not required to file Form 4562 for this business. See the instructions for line 13 on page C~4 to find out if you must file. 43 When did you place your vehicle in service for business purposes? (year, month, day) ~ 2000-05-01 44 Of the total numtrer of miles you drove your vehicle during 2002, enter the number of miles you used your vehicle for: a Business 2,560 b Commuting 1,950 c Other 7,615 45 Do you (or your spouse) have another vehicle available for personal use? DVes ~Ves ~Ves ~NO DNa DNa 46 Was your vehiCle available for personal use during off-duty hours? 47 a Do yoll have evidence to support your deduction? "~ ,,!f. "'(~~,'~ .is ~h~ ~vjg~nce ~ritterl? Ix1 Ves nNo IlfllJlt1MtW Qll\'er EXllfenSes. List belCiw business expenses not included on lines 8-26 or line 30. POSTAGE 123 TELEPHONE 362 PROFESSIONAL PUBLICATIONS 488 SOFTWARE 1,295 INTERNET 275 48 Total other expenses. Enter here and on page 1, line 27 T48 2,543 EEII Schedule C (Form 1040) ZOOZ ,,,,,, :..-- ",'<_0. ~ - -"_'~ , -'-'~- ~- - - LIABILITIES Plaintiff lists all liabilities of either or both spouses alone or with any person as of the date this action was commenced: Description Name of Name of Amount of Creditor Debtor Liabilitv 1. 1 st Mortgage Homeside Husband & $101,000 (713 Harding Street Lending, Wife (Discharge from New Cumberland) Inc. mortgage foreclosure 5/31/01) 2. 2nd Mortgage - Equity Conseco Husband & $30,000 Loan Wife (Discharge from (Marital Debt mortgage Consolidation) foreclosure 5/31/01) 3. Credit Cards J.C. Penney Wife $84.00 4. Sallie Mae Plus Loan Sallie Mae Husband $5,291.00 (Daniel Minder-1999) 02415/48737 j '~~""'i1~,1 j ,j -, ::j :'; I:; i ':I , , , I j'i :'1 , i:: -~ ,." ^ . ~_' , .' ,_ c.,_, "_'''', '"'10 .'"-~",,,~. ". Y_,-.'.,'-,_ _ -- . . . CERTIFICATE OF SERVICE AND NOW, this 3-J.. day of February, 2003, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U. S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Timothy J. Colgan, Esquire The Wiley Group 1 South Baltimore Street Dillsburg, PA 17109 ~cY~' Stanley J. . askowskl 02415/48699 ,=' ~. -" '-ii'~, I' I:: ,:r I;: .' . ,;i ~J A JAMES M. MINDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYL VANIA VS. No.: 2000-2085 MARGARET M. MINDER Defendant CIVIL ACTION -- DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT PURSUANT TO PA. R. CIV. P. 1920.33(b) AND NOW comes the Defendant, Margaret M. Minder, by and through her attorney, Timothy J. Colgan, Esquire, and files the instant Pre-trial statement pursuant to Rule 1920.33(b) and in support thereof avers as follows: 1. Marital Assets: See chart attached as Exhibit A. 2. Expert Witnesses: It is not clear at this time what experts, if any, will testify at the time of trial. Expert testimony could be necessary regarding the values of the personalty of the parties and the retirement accounts of the parties. If expert testimony is required, appropriate notice will be provided to opposing counsel and the Master in advance of trial and copies of expert reports will be provided. 3. Fact Witnesses: no fact witnesses other than the Defendant and Plaintiff are anticipated in this matter. Defendant reserves the right to amend this list prior to the Master's hearing. 4. Exhibits: The Defendant intends to introduce the following exhibits at the trial of this matter: a. Federal Income Tax Return for Plaintiff for 2002 (will supply when available); b. Income and Expense Statement of Margaret Minder dated February 27, 2002 attached as Exhibit B; c. Margaret Minder' s Year to Date Pay Statement (recent statement to be provided in advance of trial) attached as Exhibit C; d. Margaret Minder's 2002 W-2 attached as Exhibit D; e. J.C. Penney Savings Plan Account Statement showing account balance as of March 1, 2000 (eight days prior to the separation of the parties) attached as Exhibit E. , f. Letter from QDRO Consultant's Company regarding the JC Penney retirement benefits available to Margaret Minder attached as Exhibit F. 5. Income Information: See Defendant's most recent pay statement (Exhibit C) and W-2 from 2002 (Exhibit D) attached. 6. Expense Information: See Defendant's Income and Expense statement dated February 27, 2002 attached as Exhibit B. 7. Retirement Benefits: Margaret Minder has a I.C. Penney, Inc. Pension Plan and J.C. Penney, Inc. Savings, Profit-Sharing, and Stock Ownership Plan. James Minder has a Deferred Compensation Benefit and a State Employees Retirement Defined Benefit Pension through his employment with the Commonwealth. 8. Attorney's Fees: Defendant will submit an itemization offees and costs prior to the hearing. 9. Personalty: A list of items in the possession of Plaintiff which Defendant is requesting as part of the final resolution of this case is attached as Exhibit G. 10. Marital Debts: there is no marital debt. 11. Proposed Resolution: 2 .";:!"h Defendant proposes a 50/50 distribution of assets and the return of items of personalty on the enclosed list as well as alimony in the amount of 40% of the difference between the parties net incomes per month for a period of 60 months. Date: I~ JI-o-S Respectfully submitted, Tim~~ WILEY, LENOX, COLGAN & MARZZACCO, P.C. 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 ID# 77944 3 > li w D. o 0:: D. ....I ~ 0:: <( :E ~ VI l!! .$ .5 '" :c .m "S 0- '" ~ o a;-g 0>0 .!!1 c: 01 '" '" E > E ~8 VI VI '" 01 gj ~ o c: 0.0 C/J." =g 2.~ ~.<= o~ ~.$ '" 01 '<="0 :!: Q) "'.<= .<=~ 0_ :.c 0 ~ VI c: 01 "- c: >>0 1:: ~ '" '" 0.0. e ~ c.'" -.<= $15 .C >- 01 c: E 01 15:2 VI ~ i 0 :;::>> c:= 0101 "0" C:"O oS! :~ "'"0 o .5 I~ ~I o o o N .<= e 01 :;; .. ::I ii > - .. .. ~ 1) Z >>>> C:C: 01 01 0. 0. E E 00 00 VI VI -- c: c: .m.m "5"5 (I) (/) I... I... c:c:~.2:! oocnUJo OO"ijj"ijj~ 00--'--'0 C::C:: ~~EI> Cloffiffi OO:!::!: E E E E e e e e ---- ~~~~a ~~~~~ "C"C"C"C8 ~~~~o_ uuouoq- mmmm69- ==== mromm '" Q) '" '" '" '" '" '" en en en en o o o o o "<t- El> ~I Gl ::I ~ 1) .. ~ 0. :E ~ '" ~ X- o 0 -u .!!! .s e ~ 0 0> 0 "E J9 ~a ~ u.>~ l- e:: ij:: UJ LO .!2e:6 ffi c.. a.. a. T""" c::cn E -", o 0> 0 "oo.~ () '0 ~iU"C ~ a.U)~cn> 1D1>>0)0::1>> .....l...O;wl... ~ ~o en ~ mmEEm :;;:;;::;::;:;; "''.Ii . " , z . ~ . . EXHIBIT fA , ~o ~~ ""'j . . - ;" , In the Court of Common Pleas of BEAVER County, Pennsylvania Phone: (724) 773-8500 DOMESTIC RELATIONS SECTION COURTHOUSE, SOO THIRD STREET, BEAVER, PA. 15009-0206 Fax: JANUARY 9, 2002 (724) 728-5377 Plaintiff Name: MARGARET M. MINDER Defendant Name: JAMES M. MINDER Docket Number: 00383DR 00 PACSES Case Number: 645102122 Other State ID Number: Please note: All correspondence must iDdnde the PACSES Case Number. , Income and Elqlense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or part, you must also fill out the Supplemental Income Statement which appears on page two of this income and expense statement.) / ) INCOMESTATEMENTOF ~~~Ad;;t; ~ ffi'l'I....~~ Section I: Income and Insurance INCOME: ., ~ Employer Address Type of Work , Payroll No. Gross Pay per Pay Period $ Pay Period Itemized Payroll Deductions: Federal Withhold' State Income Tax Credit Union Other Deductions (specify) $ $ $ Social Seeuri Retirement Life In,urance $ $ $ Local W Tax Say' s Bonds Health Insurance $ $ $ $ $ $ ;0'pr, OTHER (Fill in Appropriate Column) INCOME WEEK MONTH YEAR Inlerest $ $ $ Dividends Pension Annuity Social Securitv Rents Royalties I Exnense Account Gills --.-. .---- . Unemployment ,- Workmen's Comoensation Other . Other TOTAL $ $ $ TOTAL INCOME $ PROPERTY Ownership · OWNED DESCRIPTION VALUE H W J Checking Accounts $ Savings Accounts Credit Union Slocks/Bonds Real Estate lo~r I TOT" ~ F . H=Hu,band; W=Wife; J=Joint EXHIBIT 8 Form IN-Q08 Worker ID 04200 Service Type M . " ~ I:UlIi_ ~ . ... c / Income and Expense Statement PACSES Case Number 645102122 INSURANCE Coverage * COMPANY POLICY # H W C Hosoital Blue Cross Other Medical Blue Shield .Olller - HealthlAceident Disability ,,",ome Deotal Diller , . * H=Husband; W=Wife; C=Cbild Section U: SUDDlementaJ Income Statement a. This form is to be f~led out by a person o (1) who operates a business or practices a profession, or o (2) who is a member of a partnership or ipini: venture. or o (3) who is a shareholder iti and is salaried by a closed corporation or similar entily. b. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return. and (2) the most recent Profd ami Loss Statement c. Name ofbusiness: Address and telephone number: - d. Nature of bu,mess (.beck one) o (1) partnership o (2) joint venture o (3) protes,ion o (4) clnsed corporation o (S) nther c. Name of accountant. controller or other person in charge of financial records: f. Annual income from business: (1) How often is income [CCCived? (2) Gross income per pay period: (3) Net income per pay period: (4) SpecirIed. deductions, if any: Page 2 of3 Form IN-OOS Worker 10 04200 Service Type M <;1== , J L .~~ '!!ir~d c Income and Expense Statement Section m: Exoenses PACSES Case Number 645102122 Instructions: Only show extraordinary expenses in this section unless you filled out Section IT on page two. The categories in BOLD FONT are especially important for calculating child support. If you are requesting Spousal Support! APL or if you assert your case cannot be determined according to the guideline grids or formula, this section must be fully completed. (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home MortgageIRent $ $ GJ/A $ Maintenance Utilities '~71. Electric $ $ $ Gas . au Telephone ~ Water Sewer Em-lo'-ent Public Transport. $ $ $ Lunch L...r. Taxes Real estate $ $ $ Personal Property Insurance Homeowner's $ $ $ Automobile In; Life Accident Health Olher Automobile . Payments $ $ $ Fuel 1/).. Repairs <!J~. Medical Doctor $ $ $ Dentist Orthodontist Hospital Medidne t;; s . ~~races, /:? JL......!L ir""vi('~ - .. .. EXPENSES (Fill in Appropriate Column) (continued) WEEK MONTH YEAR Education Pri.... School $ $ $ ParocbiaJ School College Religious Personal $~ Clothing $ $ Food L~A, Ba~erl ,{4'; Credit Payments /A~, Credit Card Charge Memberships J"Fh Loans Cred1t Union $ $ J /1/1. $ Miscellaneous Household Help $ $ $ ChUdcare Paperslbooks Maoazines Entertainment ...:?FJI Pay TV .#/. Vacation Gifts :!3 A, Legal fees -- ..;;;~.:; ~~ P ts Other $ $ $ I Total I WEEK MONTH Expenses: .. $ S S I verify that the statements made in this Income and Expense Statement arc true and correct. I understand that false statements herein are subject to the criminal penalties of 18 Pa. f-~~~, re . worn falsificati2n to authorities. 02 -;21-P~ Date Service Type M YEAR Page 3 of3 Form IN-008 Worker ID 04200 ^. "" - JAN 31 '1'l3 13:55 Paycheck FROM JCPENNEY 2317-6 U\~.t''''.". .......... .. ,. _.~.,~- -.~ -'.. JCPenney ASSQC ate ask Direct Deposit dvice PAGE.I'lBl W"~.'-~J "".'"",~,--,~,,,,,,,,,,,.-'-""'--~"':'''"''~'~''''''''''''''''~''''~'''..~...::w,..........,.,...-~",,,,","',,,,,,,,,,,,,,,,,~,,,,~,,,,,,~~,"""""""""''''.','',,,,,._._ .... ....,,'"',........ " "'~':'"~"'''::'~''~''':''''=,=::''''''''''''.-''-.",.~",.,,. ","'''~'''.''''-'',.:,... Associate: Minder,Margaret _",-,..."""...,...",,~...... ",.,".'......" ".....~.~..'_...~.-.::,-"._'"""=='~-1""-..".,_"_.,,__.~-,~,~,, ~.,..,... _.. .,.. "~.....".,,.__:,'.'~ ....~-,,-~.~ . . .....'..,"~..,...,.......,....',....- Payroll funds to 4;over your direct deposit account s) will e available on payday / a ice date ~~-....,..,..".~....-... .."."""..~"'_""_'~",",.........," "."_,~",,,,,~"'''''' ,......",.,_.."..,.._"'""""'=,~,....- ._.__.....,..,.._., .". ...,,_. ,-_._ '. :~.- .,....,..,~._,..."- ,...."....""~"'l",..~~,,.~-,.........-: ...., "..-"..~_.~-::"...-..,.". !--. . ^ --------.---PAVG1rOffi'-- -.----... ---r--Io.-OVICU --'--"'l>virE An; ."'.^-PAVIlEGIN DATE;.----,i..^ PA "--in.. '. -'.lfW6:Bl'~eekIY~P';d"M$O;I~\~S :T~-4( . ~-l bj~2==-;~.'--~-.'.iiz4 3~-' "~""'" ~--i75/2ob'r".""'''-'''''-' <"w"'\(""'"'''' ......~ ..~.~!..".~-.."'~:,j , . ti~ITNo:'~~I"- Dt:iARTM~ENT~."--~-'-1i~NDS{iw~ '-~~r:~~NDB;r("- -- A E ':"-y==~:.- .-';ERio~C;Ros's -;-" IQDNt: ~.~_.,',...~:, 3 M~ ~",,:, i"~ _ ." '~'~:~.:'$~?~?~_'"':"":~~;:"'~:.1~~,.~"~..~,~;,'.'.',".~'?~~,:,~~'.,~~:..~,. :l~,:,."~'.~.:,:,_'~:~.~~".':~_~:':: ~ ,_~:_'~~~~:" -'."i'~ I~';:~,'"~.::,~:'~,=,'~;~''':;:.,:~~,:.~:=:i'~I~g~!~.='~::'~-~~ :'~: :~jr:~= i,2. .,'.?~~-~~.:.:''',~~~~,J ;'---....,.. . HOURS AND EARNING ~.. ,~;~~~:;:=~-:~"~::l;;~::)[~~=~I~~~~::~l~i;~-.~~~:] ;Comml~siOll Pay ;f:j:J S2.8~. t L , ! ~4~k~~j .. Earning. oot Ineluded i.. Nel take home pay TAXES- if~7?~ ,'~ -ED ~~ -.. ..... .-'-'-' \ : -i)-iJAS-:vtE^' d~"""'='~~';!_ 7' ! ~~iIi~ -~ --;'_-:;;;-.-.-.-"'.W!l:;;..--..-----~~~.- ! -'~'-^'~~"btj Wi'hh;;-~"^ i!'i- ...~ _,.,_._~_.._ _"_0", ..".~...~........,.....,. . ~,._r..~". .!-T~Y!~-:' -'I . 3i~~-r'. .:.:~ r 'j~ ':~:..I 1 ~rr.rr89' :-::,CJ~~~ :--liEf'(j'RE'fA.XDEDUC'fIONS '-, f~~l_~~~~*~:t~f;~t.'~~j !4;;1:;~~::~~ti~J:~~3 M~;~~~~!~~:F:!~~i:~L-:i lowa~c:;~'".,_.~--".."M.."'.~'r.===.:~.'.~~..~..,... ;~ ~~dl~!'li::.:.:"::~:-'-:;~::~.:::S -..Ii -- _"_~;.s.:'"'~_"4'.~, -w;;.'--",~.u~-'"-'" ---.. LOCAL TAX A .".~.:".,---- LQ('8lily c A /l>H~~~ ;;ii'i~~:~.il;;h;r-.:r~;. -r;;.-rl-ro,'" "~f;J '~-_.'.""'~'.,I ') "AUO":A~'i~~ ; t ....o....."! .'':'':':'--- ~!:~~~~-~_~3.;~~~.:~~.1 "-'-."3 .~"Jl~~~.-.T,~ f;.~~.~\:..~~~::!~.""...._.....""j ~~~_ _ ~~.~:': _._ ...~~~:.. .._..:.~}. .._,_._"'..~.._~!j.~:~D~~.~L.:.~.'.~."~~~.~ '~"~":;~I" --I ......_'".,,".",.' "..",_~;,._..~.W'-----:-==.--"~"""""""""-' _.,",__:~_.a"'" .,._._,_~"'-" ,,,,,..,_,""'" _,~.~....:=-.._",."'."..... . o ..: :1 '.'"_m.......'" ; ~-"".,,'~' "t)epa"s11 AMo'unt.~"~' ..:..: :~. ....:.:~::..:',,7.~~-~9. ..::==-::=1 J.C. Penney Co 310 South Main Salt La *~..""....,".., .".....~,...,e~,"..-:..~ .__~__."...~.....~..~ . ii ~ . ~ ~ EXHIBIT (, , , JAN ~l '0~ 13:55 ~~.~~ii.-;;rrr~ef'l'l"ii~;iiJ'wi\J'\i""d 1...~--.1~9~._. 3Z~7.98 r-Sod;ol_...... /4 Soci",..,,,,,,,,,W'" ~---L~.411__ 1671.,52 . 0, MedIOIllI~~t!teltYlClli~ ) $ M.\lICIll~teXwi\hhe\C19 .,~,2ti-._. _39O,RJ r" (!I'lFIVY1:tl<l',"IfI~;Iiqf\lIumbtl I II [lTlpl6Yeor'~Uti.alucUrilynUmllllrl 13'55&3779 .L.- 169-52-3590 I 'e EmplO)'~'~-bJl"ZJP~;;--' _.,..~ I I ! I I JCPENNEY CORPORATION. 6501 LEGACY ORIVE ~lAND, TX 75024-3698 INC. , t SltCllll1l(!t;;"fil;yllPJ: ; 8 AlfoC8leodlips 11 331.54 9 Mlal'lce E1C p$'yml!1\t 'Oo;;;;~df~r~ ~ 'J , \ 11 NOJI(!I.'llJi!l"DJ~ ~-12aQll<:lnwvac.,~1Or~1~ C--.. _.. _ _.,'Ll. _ ~..7~ I 1a "'.1......, ...'......HI,."..lo'..." 120 I . eT..frJ ...Er. h! _._1 14 OI,I1\;:r ,~ 120 .-1' r. ' w_J__ . ~ t;2d . E;T;P;y;e;&~~-;;Tn~~'\"8~tNam.-' -! MARGARET MINDER I III "LGEN AVENUE III! HEW PMIl-'DElPHIA. 0" 44663 I I f <m'="-....m ,", ~p _ . 't'_5 :lCl~~~~I1);'~m"1tICSiiffl_~'~a;;: 191 17S;;;in;;;-r.,~-. -11IllOCaIM~el\,lio;~.' "l 717.l! 26,.,9.95 . \1' l~~ -,.t20L.OQaltly .~~' _. ! '-__~~~ -.I W-z: Wageo8lld'T~ S~men! 2uu!I:; 1I'1~". \~"_~U\" c...,CIlII'El'lIf"LQ"l'EE'lI JtI!OQRO&.lllu'"""""tG !mlll~Qntlldcl_ ~(fl{'""'''trwwr:v.I~A_IOII'S.~ -- " ,~ FROM JCPENNEY 2317-6 ." ,~ ~" ~-i,~"L..i.,,~ 2002 ..'." I.; .f~ ~ year To:QQ~ &a REft:;R TO YOlHt LAST AAr~TfJI i.t:''Q.s ....-..,-...O"'.,-.,--..,..'......-...r'...,....-........ ,. .... . ..' - .. .~., . . F.~~~~.~~~~I~,~~~~;~i;;;T.;:-::~~~;~~;~~ ~E :':.:~~i~ .~.T"Seflil.Qdl'WRlt!~.~L.t'""'~t1Jim::>'..:<~J.TJ;dl#~_ 'dJ~' '~ol\tieorN(I5Ul)...I~~~.'$etrie'El.. ....\ ....i'..~09iRTtl'II~nl..,lhi.",.... 'lII.tn'aJ:.'R~ilI l'IJf..in(attiiltfOll'.Ilb~' ''fi (ill II~Gl~'Im:vd(ilB"""UI!SeMce:':" "';,/'~'/Ilf<Hm'a1lpll~Del . '.- e~.f,q,itwlrl'1 1 Wllge!l, tip", other wmP. Z F(!d~61IntOl'l'le tJ:l'K 'Mthtll~l~ 1 Wa13~, tig$. ~~r ~p. I F' 2~03.'9 3Z67.98 Z4803.19 <I Soc1t11 -,:uNtv w;\Jc~ . ~ I 6Cilll;:l 66l;Urlty tJ~. 910. ~'3 SOcl:r.llK\1flf)' '<AIUilif' 4 __.. 26628.i!..J. __ 1671.5~_.L.6628~1. ~ M~it:fre w.Ja~ and Up!;, i 6, ~d;eer~ I:U W1~ht!!ld 1 5 Ml'l!:\it::1(9 w.l!eel lJind lip:; I " _ . 26959.95; _ _ ~O.~! Z69S9.95 i b !:.mp~lltIlmdllon.l'I~mlletl dEl'tIG'''11~''10cill;1~~Gullly~ulI\b$r1 )b E'mproytl!dt~~n~Alio~i-r d '13.55113779 169-5"3590 -1 I. U-558377'9 I l'qJ~~;lynS;;~j";~zliNte-. - . I i7J~~IH~y'nC'bj;=Vi'=;~ ~SOI lEGAC1 DllVE I I 6501 LEGACY DRIVE PLA~O. TX 75024'3l>98 I PLANO,'X 750l4-36911 , I 7 S~lvl.,..,q",.;ty li~ If AAOll(UlCglim; 1''""""7SQtl;;;';''~'-''''8 i 331.54 331.5' I ' A,d..~ SIC ~1Nut1 10 ~ttnt=f9 ,.~" .J 9 AtJ,,~"~EI!'; ~rme!lf ~t NOIlQ\lOlifl6dplan:5 I; "2oISeeil\~rUl:li(lf\i.torboX12'1 , D 1- 2156.76 . 13' ~ ::::..~ ~1ttap . - --'-1 . .Ld.. .ill L... ~ L __~ 14 QItIer ~; f2e . I .---1-_._._. ~'~~ff"~I'Ailf1l"""'~'''' ''''nom, I III GllCEX AVENUE HE N€W PX'LADELPMIA, oN 44663 i T E"",IoY~':>~~a~dZ\Peclo(ll': I n aleEiiiiii'l7fe("Illll:\tl1Wiiibcr["1'iSt;otewlIse~ ~- , O".I"40~~ --k _ _Z4&13.19J 11 S1:lle I'lCXlITI& \all 19 LtlCs1 __986. li'p~, etc, ~ 1 717.25 Z69S9~ ., '~~l6ll' . 1.0 "tI~- ;~' .~6.~I~,......~..t..-.. _I' ~oyri"t ,oiril1 169.52'3 '" ~-;--. iNC. 6:altdliQ1. I I\' El!mlo~'&n/'ft~.1ll6~dilti1 . _..lET MIX"". . I 111 GllDEX AVENUE XE NeW PHILADELPMIA,.O" I r E.mploYM'nddTf1IS QnQ ZiP 15Siiii EinOiOYi(~ dat'1U N~ 1 I oil i 'H'.~~_ ' [11's\lIte inCQl'I'le ~ 1 I 717.Z5 1~li~C01N___ '2 ~nJ1T'I6 ) ...:JJB'~I.\I-.. i ..,,'=1 ~.~ . 959,~ I ...J JCPCO'28D ~lal S=-vf)ty NQ,: '69-52-3590 - Mafi\.81$totu~: lilcemp'QQnwNIO'f\'iln F~;:rill: Real",n! SUit". - - 1~ff111 .polli\. : I ' s.o::iOlI wcvrity WllQ~ . . 26628.41 r-5'~~~~' ~ M , ~ 26959.~5 ; bEII\OIO'flIrl~li~~ecllE : 13-5583719 \ ~i~il'~l~~~tJON~ PLAMO, T1< ~02"3698 i~'~-t~'~' b . 331.54 rdlll (>IpV' . . '. . i! ~1'41;t~.,- iMoI",,",,1..- . t.' " ' , llrSeM~e. t:lolinc()l'TlCtblcwitflnc(Q" 3287.98 1l'C~~rny t;lx WTl.r,hc::ld ~71.S~ I llOlretAAwitht\eld __) 39O~ '&~~tial,~rilyqu~\)ltrl i69-52'~59O . _,_-1 t: I i __I ~tfctt~ j ndente..'e'bt.rl~iiS) ; it,t>ii\iCiiOri'fgrI:lO)(121' =2156.7~ -I , il ~4rlce bl pel'~"t '0 . f t, NOI'IqU01IWlli'lJpl;lnS ~ ' . '" ~".,.,.....-;::-;r"'~'li ,D ~~ C!J 'i' Z ....,g- -' 14 OU\!-, ; 1 . .' AA~'':r~6r.''';'''' 111 GlLOEN AVENU. ME NE~ PHILADELPHIA, OH t..smPl0.e:!..~~f1l1;'t\n ZIP 1{.Sbllfi-~f1'IFlil7fet" i;saItIDit~n\bod' 1. ~.L:~~~. 17 St:iIIt-hccl'i'lew 16 '~ 717.25 I,' N"tOC$rn;;;-r'J'le ~ 2 , _ __ 269.,9 ,.~~~. 24803~ 19 .1'fW.'3C'f1llP&:. de: 26959..9S :;JlItYI1QI'T'le"-' ~phiol__....J ** EXHIBIT z ,* o . , . 17 JCPenney Savings Plan Account Statement Your .JCPen...,- ....'1'- .......... Center Statement Date 10-19-2001 Soc. Sec. Num. 169-52-3590 001201 02720 Margaret Minder 400 Buffalo Street APT 4 Beaver FA 15009 ---.- Here is a summary of your 1. C. Penney Company, Inc. Savings, Profit-Sharing and Stock Ownership ---'--Phw.ll(;"oUntaS'lJl'~i..2600. ~~- ~,.~ - - .--~~~ Associate Contribution Rates Before-tax After-tax 8% 2% Investment Elections Fund Moderate Penney Common Stock Total 50% 50% 100% ,~~ ;:- z ,.f ...E.- "'.l!I , :~tlI,: "1;';\":-" Please Turn Over 12,24-0011111 1& -~ ~~ ,",' -'"~5 169-52-3590 Account Statement, Page 2 Activity From January 1,2000 through March 1,2000 Moderate Penney COlOlDon PeJlDey Preferred Total Fond Stoek Fund Stoek Fond Opening Balance $3,157.83 $1,128.54 $824.49 $5,110.86 Your Contributions: Before Tax 124.59 124.57 0.00 249.16 After Tax 31.16 31.13 0.00 62.29 Dividend 0.00 48.65 0.00 48.65 Gains! Losses 44.98- 282.24- 0.35- 327.57- Closing Balance $3,268.60 $1,050.65 $824.14 $5,143.39 Market Value per Share $15.437 Equivalent Common Shares 68 Closing Balance Summary Moderate Penney Common Penney Preferred Total Fond Stock Fund Stoek Fond Before-Tax $2,986.07 $876.58 $0.00 $3,862.65 After-Tax 282.53 127.98 0.00 410.51 Company Match 0.00 46.09 824.14 870.23 Total $3,268.60 $1,050.65 $824.14 $5,143.39 As of March 1,2000, you were 60% vested in the company matching ~cCount. Your vested account balance was $4,795.30. Visit the Your Benefits Resources™ Web site at www.resources.bewitt.com/powerlineorspeakwith a PowerLine Specialist to update your beneficiary infonnation. For More Information Jf you need adctinonal1Iltormation, access Your Benefits KesourcesIM Well Site at www.resources.bewitt.comlpowerline or call PowerLine toll-free at 1-888-890-8900. The automated telephone system is available 24 hours a day, Monday through Saturday,and after 12 Noon (Central Time) on Sunday. PowerLine Specialists are available between 8 a.m. and 5 p.m.(Central time), Monday through Friday. Great care is taken in the preparation of this statement. I:lowev~. errors can occll!'. Pleas(: examine your statement carefully and refer any questions to a PowerLine specialist. Failure to report incorrect information wilhin 60 days may prevent you from objecting to items covered by this statement. Your Benefits Resource™ is a traderoark of Hewitt Associates, LLC. J2524-001201 ~ ai - ""~ . I'W~IIU!i~L,-,~ t. ~ 110 South Huntington Street Medina. Ohio 44256 QDRQ Consultants Company Phone 800-527-8481 FAX 330-722-2735 Authors of the O",.lifiRd nnmA.lf::fir. RAJ::Jtinn~ OrrlAr I-/;mrfhnnk (A Panel Publication) December 4, 2002 Timothy Colgan Attorney at Law I South Baltimore Street Dillsburg,PA 17019 Re: Benefit Information for Margaret Minder Dear Mr. Colgan: As requested, following are the benefits that Margaret Minder (SSN 169-52-3590) has with the J.C. Penney Company, Inc as of December 3, 2002. .J C pp.nD~.y Company" IDe ppn~ion P19n- Age 65: Single Life No Death Benefit: $73.09 Lump Sum: $9,983.69 Age 55: Single Life No Death Benefit: $21.93 Lump Sum: $5,508.59 .J C Ppnnpy Comp9D~r Tn(" S9vin~~, Profit_Sharing RDd Sto("){ OwDPnhip Plan~ Account Balance: $12,891.59 as of November 19, 2002 Outstanding Loan Balance: $0.00 Also, as requested, enclosed is model QDRO language that you may use to assist you in preparing a QDRO for the J. C. Penney Company, Ine. Pension Plan and the J. C. Penney Company, Inc. Savings, Profit-Sharing and Stock OwnershiP Plan. While the use of each model language will expedite the approval process, you may find it necessary to modify each language in order to conform with the intent of the parties and to the applicable p , . ce decree, to the extent that these models do not otherwise conform. EXHIBIT F- 'I" -- '---. '-. ~i ,- -:: Again, while each model QDRO meets the technical requirements for QDROs under Section 414(P) of the Internal Revenue Code, we cannot guarantee that it conforms to all of the applicable provisions of the subj ect divorce decree regarding the division of assets under this pension plan. It is therefore your responsibility, as the drafting attorney, to be sure that the parties' intent is properly stated under the terms and provisions of each QDRO. If you have any questions regarding the drafting of qualified domestic relations orders, as they apply to this case, please do not hesitate to contact me. Also, feel free to submit each QDRO in draft form prior to their execution with the court. I can pre- approve each language for you in the event they require further changes or clarification. Enclosed is a copy of J.C. Peuney's procedures and policies regarding the review and administration of Qualified Domestic Relations Orders. Very truly yours, jj;tU RrWJfiJ Terri Rook QDRO Administration cc: Mary Ann Root John Walton - '""0 "'-'-"I~: ~ ~. ~ .~ # Discription type 1 Lenox China -Rose Manor Metropolitan Co4 dinner plates 2 Lenox China -Rose Manor Metropolitan Co4 Salad plates 3 Lenox China -Rose Manor Metropolitan Co4cups and 4 saucers 4 Lenox China-Rose Manor Metropolitan ColCake Plate 5 Lenox China -Rose Manor Metropolitan CoCreamer 6 Lenox China- Rose Manor Metropolitan CoSugar bowl and lid 7 Lenox China-Rose Manor Metropolitan Coloval vegetable bowl 8 Lenox China -Rose manor Metropolitan Coround vegetable bowl 9 Lenox China-Rose Manor Metropolitan Colbud vase 10 Lenox China- Rose Manor Metropolitan Coheart shaped dish 11 Lenox China-Rose Manor Metropolitan Col4 bread and butter plates 12 Sonata-Gold by Mikasa Crystal 4 water Goblets 13 Sonata-gold by Mikasa Crystal 4 Champagne Flutes 14 Sonata Gold by Mikasa Crystal 4 wine Glasses 15 Sonata-Gold by Mikasa Crystal . 3 canlestick holders 16 pennsylvania spoon rack displays spoons 17 Conneaut park spoon antique silver 18 Pittsburgh Spoon souvenir 19 Amish country spoon pewter/souvenir 20 Intercourse Pa souvenir 21 fort Bedford spoon souvenir 22 Pennsylvania spoon souvienir 23 Gettysburg spoon souvienir 24 Harrisburg Spoon souvienir 25 Greece Spoon souvienir 26 Napal Spoon shaped like leaf 27 San Francisco Spoon souvenir spoon 28 scalloped shaped spoon silver spoon 29 Virginia Spoon silver 30 Mickey Mouse spoon Pewter type 31 Kentucky spoon brass type 32 I LOVE NEW YORK Spoon souvenir 33 Maine Spoon souvenir 34 Martha's vineyard spoon souvenir 35 Oregon spoon red rose /souvenir 36 New Zealand Spoon Souvenir 37 Rhode Island Spoon Souvenir 38 2 other spoon display racks carved / decaled 39 Seattle Spoon has space needle /souvenir 40 Philadelphia Spoon Souvenir 41 Alabama spoon Souvenir 42 Niagara falls Spoon souvenir 43 A slate painting that says WELCOME white painted slate with flowers 44 10 oz. Heart shaped bottle w/cork for vinegar 45 Antique Oak Chair captain's chair 46 Waterford Crystal Vase Marquis/gold rimmed ! t . EXHn;Ff .1 G . . . ~ .. Personalty/gift I gift Easter 1996 from Jim ;1 gift Easter 1996 from Jim :) gift Easter 1996 from Jim .., gift from Jim's mother to me .,; gift Christmas 1999 from Jim ~ gift Christmas 1999 from Jim "I gift Christmas 1998 from Jim II gift Christmas 1997 from Jim , gift from daughter birthday 1995 I b gift from Children 1994 I, gift from Jim Easter 1996 ,~gift From Jim Easter 1996 .!o gift from Jim Easter 1996 1 'i gift from Jim Easter 1996 ,,, gift from Jim Easter 1996 I. gift from son mothers day " gift from client ,. personalty 1'1 personalty ,l. personalty ':>' personalty ,.)>.personalty "3 personalty "j. ~ personalty ~., gift from Kate Joe. gift from parents .>, gift from Parents ;)&'glft from client ~gift from client 30Sift from parents $1 gift from client 3~ift from Marian :i3 gift from Joni 3V9ift from client ~gifl from Jim 3'giftfrom Kate 3"1 gift from brother ~ 'from my father 3'1 gift from kate -'0 personalty 'II personalty 'l~ersonalty '119ift from my parent's Maryland trip I+"gift from client -14'1Y Grandfather's chair personalty 'Ie. gift from Jim for my birthday JlillJi!IlllIll J~ '. . ,.OJ_':). JAMES M. MINDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYL VANIA vs. No.: 2000-2085 MARGARET M. MINDER Defendant CIVIL ACTION -- DIVORCE CERTIFICATE OF SERVICE AND NOW, this .flY- day of JaWv'~ 2003, Timothy J. Colgan, Esq., attorney for Defendant, Margaret M. Minder, hereby certify that I served Defendant's Pre-trial Statement on the individuals listed below by depositing same in the United States Mail, first class, postage pre-paid to the following addresses: Stanley J. A. Laskowski, Esquire Caldwell & Keams 3631 N. Front Street Harrisburg, PA 17110-1533 E. Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 Date: I-lIP] Respectfully submitted, Timo~~ WILEY, LENOX, COLGAN & MARZZACCO, P.C. I South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 ID# 77944 4