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Home My WebLink About98-05775 o ~ :{ ! ~ , i~ I ..... !s:- '''' , I I ~ I i \. i~ i ~ I ~ !~ 1 '.. i~ i I { \~ I~ I .~ I~ \"" It--.. ~ ~. I Do. ~ //J;' (?' , ..; ,/ /;.,,.._,,,,...!ff/;(. ..'1fs;6r~-LI ,-_Ct... I /;' .-,,--, , . -" ''l'',~ . ,<!<'.o<,,{.? .~'7:t' // J_ .r', ..("~.. ..-r .~' e-0-,.---"......e"....- /1 ,.~I'\/;,. CONHAlJ ~ll'J"l'EHElJER, Plaintiff IN TilE COUHT OF CCJt.U'lON PLEAS OF CU~lpERLAND COUNTY, PENNSYLV!,NIA V~.i . NO, 98 - 5~~5 CIVIL THERESA L, MI'J"I'EREDER, Defendant IN lJIVOHCE ORDER OF COURT AND NOW, this I ,;( I s r day 0 f /Z (-teE?/( I:u'l/ 2001, the economic claims raised in the proceedings having been resolved in accordance with a separation agreement dated October 30, 2001, 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, Ge cc: Edward L. Schorpp Attorney for Plaintiff H. Anthony Adams Attorney fay Defendant II, ;)I,~ I Uf<u /)v~ 9--, J. ~ ~ ~ (Q) @ SEPARATION AGREEMENT MADE this ~ ~f{2~~r 2001, by and between Conrad Mittereder, of Pennsylvania, hereinafter referred to as "Husband"; and Theresa L. Mittereder, of Shippensburg, Pennsylvania, hereinafter referred to as "Wife", WHEREASS, the parties hereto are Husband and Wife having been married on March 19, 1994; and . WHEREAS, the parties intend to live separate and apart, and the parties afeintending to file for divorce; and WHEREAS, the parties hereto have accumulated certain' property throughout their marriage and wish to make a disposition thereof; and WHEREAS, each of the parties herein have been advised by independent legal counselor have that right to be advised by independent legal counsel as to the nature and effect of a separation agreement and with said advice have determined that the following agreement is fair and reasonable and enter into the same with full knowledge of the extent of the estate of the other and their respective rights, NOW THEREFORE, WITNESSETH, in consideration of the promise and mutual undertakings herein contained, intending to be legally bound hereby, the parties do mutually agree as follows: 1. SEPARATION: The parties may live apart for the rest of their lives, Each shall be free from interference, direct or indirect, by the other as fully as though unmarried. Each may for his or her separate benefit; engage in any employment, business or profession he or she may chose, 2. MUTUAL ESTATE WAIVER: It is the intention of the parties hereto that from and after the date of this agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end, both waive, relinquish and forebear their rights of dower or courtesy, rights to inherit, rights to claim or take a husband or wife's or family exemption or allowance, to be vested with letters of administration or testamentary, and to take against any will of the other. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer and/or encumber or hereafter own or possess, real or personal property and further agree that the recording of this agreement shall be conclusive - evidence to all of his or her right to do so. And the said Husband and Wife do hereby irrevocably grant, each to the other should the exercise of this power hereby given become necessary, the right and power to appoint one or more times, any person or persons, whom Husband and Wife shall designate, to be the Attorney-In-Fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quitclaims or satisfactions, under seal or otherwise, to enable either party to alienate his or her real or personal properly, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waive any right of election contained In Chapter 22 of the Pennsylvania Probate, Estates and Fiduciaries Code, or such right in this of any other jurisdiction. 3, DIVORCE: At such time as the parties are ready, Husband and Wife shall complete a divorce and shall each bear all expenses connected therewith, 4. ATTORNEY'S FEES: Both of the parties shall bear their own attorney's fees in this matter, and both and each of the parties waive any claim against the other for any attorney's fees in this matter, 5. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, COSTS, AND EXPENSES: The parties, for and In consideration of this agreement, do hereby waive, one from the other and one to the other, any and all rights they may have to alimony, alimony pendente lite, costs, expenses and support for each other. This does not include any obligation to repay any past support, 6. PERSONAL PROPERTY: Each party is in possession of the personal properly that shall become their sole and exclusive property and they each waive the right to any and all claims for property In possession of the other or in the possession of a third party at the direction of the other, including but not limited to those claims made in Cumberland County Civil Action No, 98 -5775 and any and all documents relating thereto, 7, PENSION RIGHTS: Each of the parties waive any claims to any pensions that either may have through his or her employment or , otherwise, excepting to the extent that pension rights have been transferred to fulfill an alimony duty. 8. REAL ESTATE: Wife shall execute a deed conveying the jointly owned property at 1030 Alexander Spring Road, Carlisle, Pa. 17013 to Husband. Husband shall pay to Wife the sum of $500.00 in exchange for her transfer of the property, Husband shall assume and hold wife harmless from any and all debt on the said property including but not limited to mortgage debt. 9. EQUITABLE DISTRIBUTION OF PROPERTY: By this agreement, the parties have intended to effect an equitable di~tribution of their marital property. The parties have determined that an equitable distribution of such property conforms to a just and right standard with due regard to the rights of Husband and Wife, The distribution of existing marital property is not intended by the parties to constitute, in any way, a sale or exchange of assets, and the distribution is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 10. DEFAULT: If either party falls in due performance of his or her obligations hereunder, the other party shall have the right, at his or her election, to sue for damages for a breach of this agreement, or to rescind the same and seek such legal remedies as may be available to him or her. Nothing herein contained shall be construed to restrict or impair either party's rights to exercise this election, 11. APPLICABLE LAW: the laws of the Commonwealth of Pennsylvania shall govern this agreement. 12. MODIFICATION AND WAIVER: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both of the parties. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature, 13. RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this agreement by a signed agreement containing a specific statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation which action if not consummated by the aforesaid agreement, shall not CONRAD MnvrEREDEI{. Plaintiff : IN THE COURT OF COMMON P1.EAS OF : CUMBER1.AND COUNTY. PENNSY1.VANIA VS. : CIVI1. ACI'ION - 1.A W : NO, lJK ~i' ( '/5 CIVI1. TERM THERESA L, MITTEREDER. 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 musl take prompt action. You arc warned that if you fail to do so. the case may proceed without you and a decree of divorce or annnlmentmay be entered against yon by the Court, A judgment may also be entered against you for any other claim or relief reqnested in these papers by the Plaintiff, You may lose money or property or other rights important to you. inclnding custody or visitation of your children, When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you llIay request marriage counselling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse. Carlisle. Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S 'FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue Carlisle, Pennsylvania 17013 Telephoue (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 TIle Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. James 1. Kayer, Esquire Attomey for Plaintiff Liberty Loft 4 East Liberty Avenue Carlisle, PA 17013 (717) 243-792 Date: WHEREFORE, I'laillliff requests the court 10 elller " d,'cree of divorc,', Respeclfully suhmilted, J"III~S J. Kayer, E(quire Liberty Lufl' 4 Liberty Avcuue Curlisle,I'A 17013 (717) 243-7922 ),., i . YJ:Jl!FJ c ~Tl.Q.J~m~J~,E!.\..V J N GS The foregoing docllment is biNd llpon information which has been gathe/cd by my cOllnsel and m)'self in the preparation of tliis action. The langllage of the docllmentma)', in part, bc the langllage of my connscl und nol m)' own. 1 havc rcad the statcments made in this document and to the extcnt that it is based lip on information which 1 hav" r.ivcn to m)' cOllnsel, it i;: tl'lle ;JIld correcl to the best of m)' knowlcdgc, infonmtion and belicf. To the extent thaI the contents of the statements are that of cOllnsel, 1 have relied IIpon cOllnsel in making this Verification. ] lluderstandlhat falsc statements Jlerciu ilre made subjeetlo the penalties of ] S Pil. e.s. Section 4904, relating to llnsworn falsification to allthoritics. Datc: /lJ-t.. I" , 1998 ~. .,/.. ;4''->,( CONI{AD MI1"I'ERE()ER, Plaintiff : IN TilE ('OURT OF COMMON PLEAS OF : ('UMIIERI.ANI> COUNTY, PENNSYLVANIA vs. : CIVIL Al"1'I0N - LAW : N( I. l}X-~775 CIVIL TERM THERESA L. MI'I"I'EREI>ER, Defend:lllt : IN DIVORCE A 1'1'11),\ VIT OF SERVICE IlY MAIL PlJl{SlJANT TO I'll, H,C,P. 1920,4(1I)(IHii) COMMONWEALTH OF PENNSYLVANIA : SS, COUNTY OF CUMBERLAND I, J,nnes 1. Kayel', Esquire. being duly swom according to law. deposes and SllYS that he is the attomey for Plaintiff. CONRAD MrrrEREDER, and that he did serve 1I true and correct copy of the Notice 10 Defend lInd COllllllainl in Divorce tlUlt wus tiled in the ubove mutter. by U,S, Mail, postage prepaid. certitied with restricted delivery, retum receipt requested, unto the Defendant, THERESA L. I'vllTTEREDER, on October 9, 1998. l11e return receipt is attached hereto. Swom to and subscribed before lIIe ~y .01' OctoH998. ,.-- t]A!J r ~rrvrAt ~ Public James J. Kayer, Tsqui~ NOTARIAL SEAL DENISE PINAMONTI, Notary Public Carlisle Borough. Cumberland County M Comm.~~i~~_~lP.lres Nov. 20. 2000 _ 5. Racalvad By: (Print Name) Ii 1[/ I' Ii al 11,.... .! I. ':. E i ,~~ ;. ::;.~:r::e ~ ad ~ i ~ ai, o ~a.. Malt 0 Insured 1: O-Ketum AacaIpt for Merchanclsa 0 COD .. : 7, Daic~all r i . B. Addra e's dra.. (Only It requested i" end taels d) (f::~ '" DE: :l!. -Compet, h.".' andfor2lor addi1lonaI Ml'JlceI. 8CompleteItlfl'1l3. "I, and 4b. I . Print your name and addr... on Ule .......,.. of thl. Iorm 10 lhat WI can return this ....,. yo,. 'Anach this form to the front ollhe mallplece, Of on the back H tpaC8 doH not po"". I -Wrlte"Return RtICG/pI RequHt<<1Oon lhI malIpiece btIow thlarUcll number. -= -The Retum Receipt will thoWtowhom1he artlcl. wa. dellvwed and the daI. e dellv.red. o 'i 3. Article Addressed to: !-\l-~lf'elCi l. I'--\..I-\-I,,'~ol<r r ~ 0 ~(; . '^ ~-e }(<\.ctcl {', Srit, Qd. f:. kf \\:, \;<.: I\? <7\ \100 I also wish to recelva tha followtng services (tor an extra fsa): 1. 0 Addressee's Address 2. ~strlctad Dallvery Consull paslmasler for faa, 41<, ArtIcla Number Domestic Return Race pt UEr. 2 4 1900 \ ,II I CO:'olI(AIl :\IITTEIU:/lEI(, 1'lainlilT : l:'ol TilE coulrr OF l'O:\I:\IO~ PLEAS OF : ClI:\IIlEIU,ANIl COll~T\', PE~~S\'LVA:'olIA \'S, : CIVIL ACTIO~ - LAW : NO. ')11-5775 CIVIL TEI(:\I 'I'll EnESA L. :\IITTEIUo:llIm, /lefendant : I~ ."vonCE OR/lEI( OF counT AND NOW this d'Jay of Deceml1l'r. IlJlJX. IIpOIl agreement of COlIllSl'l. thl' hl'aring previollsly schedllled ill this matter for Ikcemher 2X. 1')'JIl is CONTINUED to ~ I --I:.et. .1 Iqq.~ '1:~. ill COllllroom No, I, Cllmberland COllllty COllnh,"ISl', +- I Carlisle, Pellnsylvania, All other directives ill tbe COlin's Order of October 21, 1l)l)X, relllaill ill filII force allll effect. BY THE COURT, cc: James J, Kayer, Esqllire Attorney for Plaillliff " ..; ". o,,;J:,,{ ....-c.} Li.'.- I ;:J./:'111~. ,.8.):7, ,.', i , , 1 "' 1 , " .J 1 . , , 1 ',-j t") ..- , " .. -'.' :J . "" -< Andrea Jacobsen, Esqllire Attorney for Defendant 4qg ,fit ~ . ?f) AY " CONRAD MITTEREDER. Plaintiff IN '1'1 II: COI JR'I' OF COMMON PLEAS OF CI IMBERI.AND COIINTY. PENNSYI. VANIA v, CIVil. ACTION -I.AW '1'1 IERESA L. MITrEREDER. De fendant NO.9X-5775 CIVIL TERM ORDER OF COURT AND NOW. this :3 t Jday ofMareh. 1999. upon eonsiueration of the attaeheu letter from James J. Kayer. Esq., attorney for Plaintiff: the hearing previously scheuuleu in this matter for February 4, 1999. is CANCELLED. BY '1'1 IE COURT. .I James.J. Kayer, Esq. 4 E. Liberty Avenue Carlisle. PA 17013 Attorney lor Plaintiff ) ,0," .<, ~,."'I,, L J/4., , , , " ~, ,; ~ ; ,.- J rT-' .., .. , (~) ; " :'1 . ,~ -) -- -" J :n ~ .' ,.,./ - ,,,) -~ Andrea C, Jacobsen. Esq. 52 E, High Street Carlisle, PA 17013 Attorney for Defenuant :rc '~ Kayer and Brown AlforrlI'Y'. AI ( ,1\.',' A Profe';:llollal C()qJfH;lllflll LltJf'rly loll .1 E LlI)I~rty AJf'rHlI' C;ull'.ll', Pf!rlrl',ylv,lfll,l 1/0 1 ~~ (!-rn;til: IkaYl'r,.r"'llx lid TeleJ]holle. (717) 2-13-79?7 FAX (717) ,,11-0946 I:chnlilry ~h. I t)l)t) Judge Oler I Courthouse Square Carlisle. I'A 17013 RIO: Mittereder \' Mittereder Dear Judge Oler This letter is a follow up to my telephone call 10 your stalrconllnning that it is my client's intention 10 withdraw his Petition ",,' Special Relierprevioosly filed in this divorce. By copy of this correspondence I am confirming with counsel for the wife, Andrea Jacobsen, Esquire Ihat it is Mr. Mittereder's intention to take this action as well. Very truly yours, , JJ K/acs cc: Andrea Jacobsen ,. 1" "I ',] 4'gg CONRAD MITTEREDER. Plaintiff : IN TIlE COURT OF COMMON PLEAS OF : CUMIlERLANDCOlJNTY. PENNSYLVANIA vs, : CIVIL ACTION - LA W : NO. lJR-5775 CIVil. TERM THERESA L. MITTEREDER. Defendant : fN DIVORCE PETITION FOR RELATEIl CLAIMS UNIlEI~ I>IVORCE COilE COMES NOW, Plaintiff Conrad Mittereder. through his attorney. James J, Kayer. Esquire and avers as follows: COUNT 1- EQUITABLE DISTRIBUTION I, Petitioner is the Plaintiff named above. who currently resides at 1030 Alexander Spring Road. Cumberland County. Carlisle. 2, Respondent is the Defendant named above. who currently resides at an unknown address. 3, Petitioner and Respondent were married on March 19 1994 in Carlisle. Cumberland County Pennsylvania. 4, Petitioner has heretofore filed a complaint for divorce as of the above caption. 5, Petitioner and respondent have legally and beneficially acquired property. both real and personal during their marriage from March 19. 1994 until about October 8, 1998 the date of in which their divorce complaint was filed, which property is "marital property." 6. Petitioner and respondent have been unable to agree as to an equitable division of said property to the date of the filing of this petition and substantial portions of said property are in the exclusive control of respondent. , n:RTII:J('^TI; OF SI:R VIC!; I herehy certify that a true copy of the Illregoing ^ppointmenl JClr Masler was served on the JCl/lowing person hy First-class mail. postage prepaid addressed 10: Date: October 6, 2000 II. ^nlhony ^dmns 128 East King Streel. Suite ^ Shippcnshurg P^ 17257 / I i. t James J. aycr. Es lire//' 4 E, I.l'b rly ^ ven~{, VI Carlis c P^ 170L (717)~ 3-7922 I Telephone: (717) 243.7922 Kayer and Brown Attorneys At law A Professional Corporallon liberty loll -, E. liberty AvenlJ" Carlisle, Pennsylvania 1701:1 n.mall: jkayer4'Dcplx.nol FAX (717) 243.0946 NOWlIlhl'r J. 21J(iO E, Roherll'liekl-r. III Divorce Masler <) North Ilanover Street Carlisle 1'.'\ 170 I J RE: Mittercdel v,. Mittcredcr.- In Div"r..,! Dear Mr. Elicker: I have received your request 1(If C'ertifiealion Ihat dis,'overy has been complete in the above referenced malter. I urn returning Ihal certification to YOl/. I noticed that a copy had also been selllto Andrea Jacobsen. the defendant's attorney of record, I am aware of the titet that the delendanl has since conlaeted H. Anthony Adams, Esq., to serve as her counsel. I do 110t believe Ihat Altorney Adams has formerly entered his appearance in Ihis case. However, f believe that il would be appropriate for you office to forward to him a Certification Requcst as well. Very truly yours, JJKlvjg cc: Conrad Mittereder / ," ft.,' Jam 'JJK. ycr . 't c (,/ (b) I"ruvidp ilppruzillldlf' <Llf,' .....Ill.!! dl:;('nvp:y '.-Jl11 h{' {,oll\plf''-''~ dnd illdi('dll' h'Ldl d('tlllll i:; !IPilltl t,';-:l'r~ t () ('Illll!> I pI j' d i:i '1."/1'( 'j. IJLt! 00 DATE ( )() ( ) NOTE: PRETRIAL DIRECTIVF:S \'iI1.1. 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 \'iILL BE ISSUED AT THE MASTER I 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 1;, , ~., ~. .'~'J 'f,' ';':'. ~ 'J;}, O.&.n/lto fY\ 11T~i~~'O:~/\ 1l117flh(r IN 1'II1~ COUll'/, OF COMMON pr.E^S OF CUMIll'llf,^NIJ COUN'/'V. PENNSVr.v^NI^ VB. CIVIJ, ^C'I'ION - 1,^W NO,qP, ..l") 716 CIVIL 19 (1ii'EfiCyI- L/' rYlI rr'/i:~.o:H ];:tp-/JOi rlT IN lJIVOIICE ~._-._-_._~.._~. S'/'M'US :iJIEE'I' IJ^'I'E: ^CTrVITIES: ) ~ '-. .-. ------. ? ulL"f 1(\')\ll;f}tb,jJ C:.i\/l'l"Y.-1.__ -l.L~~1L!.cjc"{a~~J':'\--.Y.JL('[,r{.{lrlc:...Qh I~_ -,' ~.o. .1/7/ /01 ?411(:)./)-yv~(-1.~!t_~~')~_'- _ l~;:~ .;j~~~.t~~f~~~:lk~1~j~~ ?- lL_.. 'It fer, ~ /8- 6l uf q :t,D a 'v11 ,.--.---.... 0~,1)) ~~~~~~~~ie'Q-b) . )~'~'ff~-4c~t+~%-fi~~~..'/qt.I.,-It~;-D]/(t ...,u,;~.~. .h^~~~1d "/ / I ( , . '," , ~ i ' I ..,""_ /, "./ ./ 7.'0 I !h.' l/;" (; .' ,.... /. " Ii ~ /.1 'I /,;' {': ;- "toe t,.. ./""k.{ 6..) N TV \ ---+--- r '-~,- "'.t~(,'c.1 (,,'. '::J.','!" ',' (1/,1,:,\(_;,:"0(1,..//1.(5(--"_,.,(.1'1'\1..1..(1\.<",,, !.~-::~-~.~~~'L-L:.::'_~'.~'~~~, JL~ ~,~~~:'i?;fl.l'?[i'i1""_12'fKf1'1?o; "Y / I (/(.(Jt,.1 hu.""",I. 'r ,,,.1 <:~ J( 1 ~"f-.",.L;-a...l\L~~.-t ~ I ((j(i~(')....." i.,,!..".' ""I, ? 71)....."1,,..(> ..,.;,.....1......:=:/. . CONH/Ii I 11 J TTEHEllr':H, 1'loIlllt i I j I N TilE COUI('f' 01-' COt1110N I'Lf:A~; OF CiH1BEHLANIJ COUNTY, PENN:;YLVAN I A V", NO. fJU - ~)'r/~) CIVIL TIWHl-::iA L, r-lITn:HJ-:IIJ-:H, 1 )(~ r ('!J{!dIl L IN lJIVOHCE TO: Jalne~ J. Kaycr Attorney for Plaintiff Andrea C. Jacobsen Attorney for Defendant DATE: Monday, October 3D, 2000 CERTI FICATION 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. CONHAIJ l'1 I '!"I'EHEIWH , I'l.d llt i f t IN TilE COUHT (J!o' CO!,lt10N PLEAS OF' ('1J1'IBEHLAND COUNTY, PENNSYLNANIA V~; . C! V 1 L ACTION - LA\'I NO, 9B -. ~'/'I ~ C I V J L TIIEHf,f;A L, 1.11 TTEHEDER, Defendant IN DIVOHCE CONFEHENCE \~ITII COUNSEL AND THE PAR'I'IES TO: James J. Kayer Conrad Mittereder Counsel for Plaintiff PlaintiE f H, Anthony Adams Theresa L, Mittereder Counsel for Defendant Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 8th day of June, 2001, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Da.te of Notice: May 18, 2001 E. Robert Elicker, II Divorce Master ,. ~A- OFFICE OF DIVORCE MASTER CIIMIII HI MIlJ COt JN I Y COlJJn elJ COMMON J'II ^'; !J Nortfll f.1nover Slrl~L'r Cillk',le, P^ 1701:l (717) 240 r,5:!5 E. Robert Elicker, II Divorce Mastor West Shore W7 0371 Exl r,535 Tracl Jo Colyer DIlleD Manager/AopOIter January 17, 2001 James J. Kayer, Esquire KAYER & BROWN LIBERTY LOFT 4 East Liberty Avenue Carlisle, PA 17013 H, Anthony Adams, Esquire 128 East King Street Shippensburg, PA 17257 RE: Conrad Mittereder vs, Theresa L, Mittereder No. 98 - 5775 Civil In Divorce Dear Mr, Kayer and Mr, Adams: In reviewing the file Mr, Kayer has returned the certification document dealing with discovery indicating that discovery Is complete, I have not heard from counsel for the Defendant, A divorce complaint was filed on October 8, 1998, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint nor hove any economic claims been subsequently raised by counterclaim, petition, or amended complaint, I am going to allow counsel two weeks to raise economic claims if they wish me to consider economic issues; if no economic claims ore raised within two weeks Mr, Koyer and Mr, Adams, Attorneys at Law 17 January 2001 Paae 2 of the date of this letter, I will ask the Court to vacate my appointment, Very truly yours, E, Robert Elicker, II Divorce Master I I I I I I I 1 1'- . I ~ , I ,.. '- ...... , ;::; ,~ ... , \. OCT 2 I 1998. .'. CONRAD MITTEREDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA va. CIVIL ACTION - LAW NO. 98-5775 CIVIL TERM THERESA L. MITTEREDER, Defendant IN DIVORCE ORDER AND NOW, this day of , 19__, plaintiff, having filed a petition setting forth that defendant is about to dispose of, alienate, encumber or destroy property before the matter could be heard, and upon consideration of the petition, it is ordered and decreed that a preliminary injunction issue. of Defendant is enjoined from disposing, transferring, ^' encumbering, concealing, selling, r~moving, alienatin~ or "lvifz I 0..... Il7dIV'"L..II) I destroying any real and personal property owned by the Plaintiff:p~l?c) ~Jh~nfi{R~ tfdI~iEtutfl~', iR 3:~' form of 00 O\~aerShiP, or i~ ,) any other p'ilr:i'OD' s or IODt,i t~" El n'tm.~ pl"'11rlf.s p~,ii<>T) Hearing on QORtiRla:J.tion of tRe iRjuRotieR is scheduled for the day of 19 ,at o'clock __m, in Court Room " " Cumberland County Court House, Carlisle, Pennsylvania, BY THE COURT: cc: James J. Kayer, Esquire Theresa L. Mittereder, Pro Se J. CONRAD MITTEREDER, Plaintiff. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA va. CIVIL ACTION - LAW NO. 98-5775 CIVIL TERM THERESA L. MITTEREDER, Defendant IN DIVORCE PETITION FOR SPECIAL RELIEF IN THE FORM OF AN INJUNCTION PREVENTING REMOVAL, DISPOSITION, ENCUMBERING OR ALIENATION OF PROPERTY UNDER 9 3505(a) or 9 3323(f) OF THE DIVORCE CODE AND Pa, R,C.P, 1920.43(a) 1, Plaintiff is Conrad Mittereder, an individual residing at 3 Elbert Lane, Apartment 7, Dillsburg, York County, Pennsylvania, 2. Defendant is Theresa L. Mittereder, an individual residing at 1030 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania, 3. Plaintiff and defendant been married on March 19, 1994, divorce on October 8, 1998, are husband and wife, having Plaintiff filed a complaint in 4. Plaintiff and Defendant are the owners of premises at 1030 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania. 5. Plaintiff is the owner of certain personalty located at the marital home, 6, Plaintiff is restricted access to the marital home due to a consent agreement arising from a Protection From Abuse petition filed by the Defendant, 7, The parties separated on or about October 2, 1998. 8. Subsequent to the date of separation Defendant has been selling, transferring, disposing, encumbering, concealing, removing, alienating or destroying said items of personalty to the exclusion of Plaintiff, the sums of which are unknown to the Plaintiff, Defendant has also threatened to destroy the home, a threat she has carried out during a previous separation. 9, By selling, transferring, disposing, encumbering, concealing, removing, alienating or destroying said items of personalty and realty, defendant has wrongfully, intentionally, and maliciously prevented plaintiff from exercising his right and ownership interest in said items of personalty and realty in order to defeat equitable distribution of property, or similar award. 10, The conduct ol delendant au heretofore stated has been a continuous mioappropriatiotl and detendant refuses, after demand, to refrain from !laid conduct. 11. Said converfJion, dinponition, transfer, concealment, sale, removal, encumbet-ing, al ienat ion ane! destruction of personalty and realty iu to plaintiff' r; <jl:eat detriment. 12, PlaintiE f has no adequate remedy at law, 13, Immediate and irreparable harm is being caused by defendant's conduct, which is defeating plaintiff's claims of equitable distribution, or similar award, WHEREFORE, plaintiff prays for equitable relief as follows: (a) that an injunction issue preliminarily and until hearing and finally thereafter, enjoining defendant from disposing, transferring, encumbering, concealing, selling, removing, alienating or destroying any realty and personalty; (b) that your Honorable Court issue an order requiring an accounting of all items of personalty and realty, and that judgment be given to plaintiff against defendant for monies or property due plaintiff as shown by said accounting and that no further disposition, transfer, encumbering, concealing, selling, removing, alienating or destruction take place without further order of this Court; (c) that all property belonging to and being the sole property of plaintiff be delivered to plaintiff; and (d) such other relief as your Honorable Court may deem appropriate; (e) award attorney's fees, costs and expenses. Respectfully submitted, I /0. I , / . ! ,.( .'" . " ;' rt. t..- , Jame.sl J.!< er! Esquire Liberjty l/o'ft 4 LitJerty ~lAv ue Carl~sle))PA 17013 (717.Y 243-7922 / /. I ( ':J Date: I L initial scparalion. shc causcd cxtcnsil'C damagc to thc homc, This damagc whcn couplcd with thc dcprcchuionthat is typical ofa mohilc hom,' has rcsultcd in signilicantncgativc cquity. III. INTANGIIlLE PEI{SONAL l'IUlI'EIUY Thc partics had no signilicant illlangihlc pcrsonal propcrty. Thcrc wcrc no invcstmcnts or savings accounts, Ncithcr party qualificd lilr any typc of pcnsion or othcr rctircmcnt hcnclit. IV. TANGIBLE I'EI{SONAL l'IWPERTY A. IlJlJlJ Pontiac Grand Am - This vchiclc. currcntly inthc wifc's posscssion is in unknown condition and Iherefore it is impossihlc to cvaluate its worth, /l, 13 horse power lawntraetor. C. Personal propcrty including houschold goods. lilrniture and a numbcr of pcrsonal itcms. antiques and canning jars and cquipment. V. MARITAL DEBTS Thc Plaintiff is aware of the cxistcncc of only onc marital debt and that is the mortgage associated with the home, VI. EXPERT WITNESSES In the event that thc parties can reach an agreemcnt with regard to the value of the real estate, an appraisal will not be necessary, Absent such an agreement. it is anticipated that an appraiser will need to evaluate the valuc of the premises. particularly given thc damages that were caused by the Defendant. VII. FACT WITNESSES A, Plaintiff B. Plaintiffs mother C. Thc PIaintiffrescrvcs thc right to prescnt rebuttal witnesses at the time of the hearing, PROPEiHY O'lm:D Dfl~crip!:on C"~o:'.'r'G ,,"..::r.t.;""::'; In' ", f' ~"", '11 ../.IIl i;'. 1./ __.. '. , '~'~.",. '.J. ("'~ 0'" I ~! ) t.IL/. . _: . N. fr.I... 1__ L. SJIlr.r,S ..\.::cur,::. Cr~C:I: UnIC,~ .. p-~--_._--_._._. . -'~-'----'------------ ................... ------_.~------~----- S:cc!.t.:;,'ecr:~$ .._..... ......... _____________.________________.._~ P~;t! =$:.):'~ . ~;u-.C:l ;Ji~~=\:v~-\Cti:\O.-_-.---- ................... ---.--.--- -------------- ------. Other ................................_ Total, Properly..................... INSURANCE Company Hospital......................,.... Medical............................ Health/Accident ............... D,sability Inccme ............ Other (dental, e:c.) .......... ('H - Husband, W . Wife, J . Joint, C . Child) Ownor:;hip. Valuo $..~.l~_ $ _. .----- S '''__'___ S $..__ S S . S _ S 'd5..c(:,u. "71.<:~ S _.___ S__ S S Ii _.L w Polley No. Coverage' H W C SUPPLEMENTAL INCOME STATEMENT A. This form must be filled cut by a person who (check one): -,;ii""'!i) operates a business or practices a profession; or ___ (2) is a rr.-=r:icer o~ a pa~:ne(sh:~ cr joint Y~ntur~: or _ (3) is a shar~holcer in ac:J is salaried by a closed corporation or similar entity. J B. Attach to this sta:~rr.ent a copy oflhe lollo','/ing documents relaling to the business, profession, partnership, joint venture, corporation or similar entity. {1} the most recent Federallr.come Tax Return, and (2) Ihe most r~cenl Profit and Loss Stalemenl. C. Name and Adcress of business: Telephone Number D. Name and Address (if different than C) 01 accountant, controller or other person in charge of financial recorcs: E, (1) Annual income from business ............................................................................................. S (2) How often is income received? ............................................................................................ S (3) Gross income per pay periOd ............................................................................................... S (4) Net income per pay period .........................................:......................................................... S (5) Specific deductions if any .................................................................................................... S M:DW&.O 1~'OIll.\Ullll'I'^ft"'lll' ^ll\'" It \ ,\". ".~.. ,.. ."- ('tt"'."IIII~' 1\1 l.IIw TI1H'llllNI: fAC\IMII,1 Is 1J.IlM. I 17 I'll HI 11.11 1717) H.HX~lI WWW.llltlWU.l.tllll \'('IIII.o\M F MMtl"fI!~ IlIw~ B. I:, JWII tl III "1''''''"111.. SnuIMI'I' 1"'....'11 K IhAHIKI'UI TIIO\t.o\'i J. WilliAM" I\'II V. On" III l:'tlIU;' H. h\lllll III." C"IU C. UI\CII MAJ("; A. I), NII~t.1 R llwl[) It GAU O'll."},\' '1\11~IlJ' (:, RIUnnCl\1I Till'" SrrUi\,nT Tt~ ENol 1111,11 SIIU II <:"kll'lI, l'I~S"YI"'''''b' 17111' November 13, 200 I E, Robert Elicker. II, Esquire Officc of Divorce Master 9 North Hanover Street Carlisle. PA 17013 RE: Conrad Millereder v. Theresa L. Millereder No, 98-5775 Cumberland County C.C,P. Our File No. 10413,1 Dear Mr. Elicker: Please be advised that we have filed the Praecipe to Transmit Record in this matter; therefore, please have your appointment vacated. Very truly yours, MARTS ON DEARDORFF WILLIAMS & OTTO ~~ Edward L. Schorpp ELS/tde cc: H. Anthony Adams, Esquire F.IFILI!S'DATAFIl.E',Gcnllr CllrI10413'fct, I INFORMATION. ADVICE. ADVOCACy~M 1."\111"1,'111. II. .\:-;'1'110:-;" .\II,\~IS 1":"I.\~lhl'''~I'IlI.LT~t IfI. \ ~11I1'1'1.'~11I11I; 1'1.""" 1.\.\'1\ 17~'.7 "1'1.1.1.1'1111' I: ';17' ,'do! ;1..:711 1'\ " '; I;' ~.,Io! I...; I September 10. 2001 E Robert Elicker, II ESQUIre Office of Divorce Master 9 North Hanover Street Carlisle, Pa. 17013 Dear E. Robert Elicker, II Esquire, I am writing to confirm the telephone conversation wherein I related that a settlement had been reached in the matter of Conrad Mlttereder vs. Theresa Mittereder No. 98-5775. We have not entered into the written agreement and would therefore asked that the hearing scheduled in September be continued generally to be listed by either party if the written agreement is not signed. Sincerely, -~~C~=) ::> H. Anthony Adams MDW&O 1.."...,.lt""''''H\I'' '.411\'~"" TrN "~1l )-Ill,lISfllrJr (J,RJ.l\U, Pf~~nIV^~I:\ 1701 J CONRAD MITTEREDER, PI:linliff IN TI IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION. LAW NO, 98-5775 CIVIL TERM THERESA L. MIITEREDER, Defendant IN DIVORCE pRAECIPE Please enter the appearanceofMARTSON, DEARDORFF, WILLIAMS & OITOon behalf of Plaintiff, Conrad Mitlereder. The Petition for related claims tiled on behalf of Plaintiff on January 29,2001 is hereby withdrawn, MARTSON DEARDORFF WILLIAMS & OITO ~.'/~/7 ~ v~--.- / By/~ #~ ~/ Edward L. ScharpI', Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243.3341 Attorneys for Plaintiff Date: .sE;""'~..<~ 2001 . - . ", "Im'i"~ . ,. :u:-~t.tf~illN"l"-""~l~~,:,~,;,::,:~".".(t;14?~i\,-i~ .. ,-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Conrad Mittereder, Plaintiff vs, Theresa L. Mittereder, Defendant : No, 98.5775 : Civil Action - Law : In Divorce PRE-TRIAL STATEMENT OF DEFENDANT THERESA L. MITTEREDER Date of Marriage: March 14, 1994 Date of Separation: October 8, 1998 I~-- l~_ ! \. ~/ Lf,,', 'J (. '() /)',.1 I .,,' : ( I, __ H. Anthony Adams, Esquire 128 E. King Street Shippensburg, PA 17257 (717)-532- 3270 Name: (2) EXPERT WITNESSES Real Estate Appraiser to be determined On value of real estate and fair rental income. (5) &. (6) GROSS INCOME &. EXPENSES Attached, (7) PENSION/RETIREMENT BENEFITS D~sqiption Vallie r-1arilal Portion Support Jor~ Valua.\iQn None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Conrad Mittereder, Plaintiff : Civil Action - Law : No. 98-5775 v. Theresa l. Mittereder, Defendant : In Divorce INCOME AND EXPENSE STATEMENT INCOME: Employer: Shook Home Address: 55 S. Second Street, Chambersburg, PA Type of Work: Nurses Aide Filing Status claimed for Federal Payroll with holdings: Single Number of exemptions claimed for Federal Payroll withholdings: 1 Gross Pay per pay period $ 730.00 (80 Hours) Net Pay per pay period $ 444.39 OTHER INCOME: Monthly Interest 0.00 Dividends 0.00 Pension/Retirement 0.00 Annuity 0.00 Social Security 0.00 Rental Property 0.00 Royalties 0.00 Expense Account 0.00 Unemployment Compensation 0.00 Workman's Compensation 0.00 Tips 0.00 Other 0.00 HOUSEHOLD INCOME: Names of all others in your household who have income. Name Christy Henn Relationship Daughter Yearly Income 45.00 Wk Support EXPENSES: Monthly Mortgage/Rent 500.00 Electric 54.00 Heat 0.00 Telephone 23.00 Food 6S.00 Clothing/Diapers 0.00 Other (Cable) 33.00 AUTOMOBILE: Monthly Loan Payments 80.00 Insurance 326.00 Expenses, gas, oii, Repairs 70.00 TAXES: Monthly 0.00 CHILDCARE/BABYSITTING 0.00 MEDICAL EXPENSES: Monthly Doctor 50.00 Dentist 0.00 Orthodontist 0.00 Hospital 20.00 Medicine 20.00 Counseling 0.00 Special Needs (glasses, braces, etc.) 0.00 CREDIT CARDS AND LOANS Monthly 0.00 0.00 0.00 0.00 MISCELLANEOUS: Memberships 0.00 Entertainment 25.00 Other child support 123.00 (every 2 wks) INSURANCE: Name POlicy # Persons Covered (please check husband, wife, child(ren) Wife Medical/Hospital Health/Accident BC/BS H_W_C Disability Ins. H_W_C H_W_C H_W_C Dental Other I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date:,:9- 9 -0 I <:::::-:ih Qr.1C '''1 ~"Y\'LJ1o "lrcV&11 Theresa L. Mittereder, Defendant (If you are self employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income State. If this is not included, please contact our office.) ~ ; " ! i , I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Conrad Mittereder, Plaintiff : Civil Action - Law : No. 98-5775 v. Theresa L. Mittereder, Defendant : In Divorce INVENTORY OF PLAINTIFF Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 19 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~j\'\CW:'\(('~\\\lliJh(co. 0\ iheresa L. Mittereder, Defendant ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/V.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held ( X) 2S. Household furnishing and personality (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other .,