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Home My WebLink About01-03314 LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243,6222 - FACSIMILE: (717) 243,6510 EMAIL: clindsay@ssfl.law.com www.ssfl-Iaw...com JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAIDlS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROLJ. LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER FORREST N. TROUTMAN, II E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013 Dear Mr. Elicker, June 20, 2002 Re: Mills v. Mills No. 01-3314 Civil WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, P A 17011 TELEPHONE: (717)737,3405 FACSIMILE: (717)737,3407 REPLY TO CARLISLE Enclosed please find the Plaintiff's Pre-Trial Statement in the captioned case. CJUljb (;c: Linda Milis (wiencl) Samuel L. Andes, Esquire (wiencl) "."~,'C;..,- ."S'-" -- " . f,"<~"'O' Very truly yours, ER & LINDSAY, P.C. JAMES D. FLOWER JOHN E. SLlKE ROBERT C. SAIDlS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROLJ. LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER FORREST N. TROUTMAN, II LAW OFFICES SAIDIS1 SHUFF1 FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYL VANIA 17013 TELEPHONE: (717) 243,6222 - FACSIMILE: (717) 243,6510 EMAIL: clindsay@ssfl,law.com www.ssfl-Iaw.com WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, P A 17011 TELEPHONE: (717)737'3405 FACSIMILE: (717)737,3407 REPLY TO CARLISLE April 29, 2002 E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisie, PA 170"13 Re: Mills v. Mills No. 01-3314 Civil Dear Mr. Elicker, I am aware that you have set a time for a pre-hearing conference and to preserve my client's interest, I will file a Pre-trial Statement. However, I must take exception with the statements made by Mr. Andes in his letter to you of April 19, 2002. After our "date of separation" hearing, we talked about what was needed to confirm Mr. Mills' interest in his father's estate. I believed we talked about the inadequacy of a simple list of alleged assets of the estate. I think we all agreed that as attorneys none of us could advise our clients to be satisfied with a list without some documentation. We discussed the production of settlement sheets for real estate, for instance, and statements for accounts. I believe Mr. Andes, at that time. was willing to provide that kind of documentation. All we have received is a list, typed on someone's computer, and cryptic at best. I understand that an inheritance is not marital property. The income from the inheritance, however, does impact on the amount of alimony which is essentially what this case' is about. As a result of the position Mr. Andes takes in his letter of April 19, 2002, I will have to institute formal discovery and, since Mr. Andes does not think i have a "right" to any of these documents, litigation may ensure. I really regret this turn of events. I expect that if Mr. Andes were representing Ms. Mills, he would ask for no less than I am asking for. Quite clearly, Ms. Mills has no money so to the extent that attorney's fees are generated, Mr. Mills has greater exposure for having to pay them. SAI CJUtjb Ce: Linda Mills (w/enel) Samuel L. Andes, Esquire JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAlOIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROl" J. LINDSAY JOHNNAJ. KOPECKY KARL M. LEDEBOHM JOSEPH L HITCHINGS THOMAS E. FLOWER FORREST N. TROUTMAN, II LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243,6222 - FACSIMILE: (717) 243,6510 EMAlL: clindsay@ssfl,law.com www.ssfl-law.com WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, P A 17011 TELEPHONE: (717)737,3405 FACSIMILE: (717)737,3407 REPLY TO CARLISLE April 4, 2002 E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013 Re: Mills v. Mills No. 01-3314 Civil Dear Mr. Elicker, I understand Sam Andes decided to get his case moving, and to that end he has provided a Pre-Trial Statement. However, if you will recollect, after the hearing on the date of separation, we articulated what would be needed in order to get the matter ready for trial. I forwarded you a copy of my letter of March 26, 2002 to Mr. Andes, asking for the documents to support a list provided by Mr. Andes of non-marital assets. Documentation of those assets would be discoverable. At this time, discovery is not complete, therefore~ I assume Mr. Andes will attempt to provide the documents I requested, and that he will let me know if he will not provide those documents so that I can seek formal discovery. In the meantime, I await them before filing my Pre-Trial Statement. Thank you for your help. Very truly yours, CJUljb cc: Linda Mills Samuel AndeS, Esquire R & LINDSAY. P.C. < --"."..<;~,. ",.0__~ --"~,:~"'i-';'_-5-~,r"i:""'-,:"?'", -'-~_1' h,~~"''1'''',,_ - _ " ~.)____ _~ "" SAMUEL L. ANDES ATTORNEY AT LAW 525 NOR'l,'H TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-5381 26 March 2002 FAX (n7) 761-1435 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: R. Michael Mills vs. Linda L. Mills No. 01-3314 Civil Term Dear Mr. Elicker: Enclosed you will find Plaintiff's Pre-Trial Statement in the above matter. I provided information to Carol Lindsay about the trust funds Mr. Mills will receive in the future so I hope she has what she needs to prepare and file her Pre-Trial Statement as well. Please schedule a Pre-Trial Conference at your convenience. Sincerely, I . Andes amh / Enclosure cc: Carol J. Lindsay, Esquire R. Michael Mills JAMES D. FLOWER JOHN E. SLlKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER. jR. CAROLj. LINDSAY jOHNNA j. KOPECKY KARL M. LEDEBOHM JOSEPH L. IDTCHlNGS THOMAS E. FLOWER FORREST N. TROUTMAN, II LAW OFFICES SAID IS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HlGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243,6222 - FACSIMILE: (717) 243,6510 EMAIL: cIindsay@Ssfl.law.com www.ssfl-Iaw.com March 26, 2002 E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013 Dear Mr. Elicker, Re: Mills v. Mills No. 01-3314 Civil WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, P A 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE I am enclosing the information regarding the estate provided to me by Mr. Andes. CJUljb Enclosures Very truly yours, W,~.,\,,~. :-'.' , '--_-<_~'"", -""f-f~F:;~_':':'''7-'---~'' ':., ~,~-~ - - ".., ~ -, ',",." ", ",-~,,' _ ~__-~_ _~,,' ,r',,- _0_'_ '" ~- - ~ .' , - SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-53GI 11 March 2002 FAX (717) 761-1435 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Mills vs. Mills No. 01-3314 Civil Term Dear Mr. Elicker: Both parties were to file Pre-Trial Statements with you by 15 February 2002. We have not been able to do so because, as yet at least, my client has not been able to obtain the information Carol requested regarding his father's estate. We are trying our best to get that information and hope to have it soon, but cannot prepare Pre-Trial Statements that will address all of the issues properly without it. For that reason, I ask that you give us additional time to file the Pre-Trial Statements. When I have the information to provide to Carol, I will do that, and hopefully, we can then promptly file the Pre-Trial Statements with your office. I hope what I propose will be satisfactory. If it is not, please contact Carol and I with your instructions. Thank you for your cooperation. Sincerely, s~es amh cc: Carol J. Lindsay, Esquire R. Michael Mills """1!, ", .'-(.', ,.,.0< "'~'-7(i ': ,~,~, -,_,0,- -. ,--"'\"'>- ,Co". ~ "-"'~''1 ;"'" _, ,. "._'n ,., _ 'c-, . o~,-- JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROLJ. LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH 1. HITCHINGS THOMAS E. FLOWER LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WESf HIGH SfREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243,6222 - FACSIMILE: (717) 243,6510 EMAlL: clindsay@ssfl,law.com www.ssfl-Iaw.com WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, P A 17011 TELEPHONE: (717)737'3405 FACSIMILE: (717)737'3407 REPLY TO CARLISLE October 15, 2001 E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013 Re: Mills v. Mills No. 01-3314 Civil Dear Mr. Elicker, I am enclosing the certification on discovery which you requested. The parties in this case were married in 1974. I believe that Mr. Andes suggests a date of separation in 1996. However, my client claims a date of separation of Memorial Day 2001. We believe this hearing is premature. Additionally, while the case is not complicated from an equitable distribution point of view, we believe it is a case which calls for alimony. Mr. Mills' father died in the early part of the year. So far as we know, there are two beneficiaries and a very large estate including a house in Florida and a farm in the mid-west. We have asked for and been provided a copy of the Will, but the Will references a Trust document which we have not yet received. While the inheritance is not marital property, the extent of it, and the ir,come from it, will be relevant to the division of property and to alimony. I thought this additional information might be important to the manner in which you choose to proceed. Thank you for your help. Very truly yours, CJUljb Enclosure ee: Samuel L. Andes, Esquire Linda L. Mills R & LINDSAY, P.C. 'f~ _ "" - < '-">'-':-'- '-'-'.ih ,;,~,~' -'" '_~,-:" '''_'~_____'~~' ,,,!,_,,,,, .",,!'"'' "',;-,f ""_,_,,__",, .'_' "~_",_"." _/'C", __ ,-"__r1',~_" _" " ----,-,,, "'-''!:-~ , -"-~ - ~-~ OCT 1 22001 R. MICHAEL MILLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 3314 CIVIL LINDA L. MILLS, Defendant IN DIVORCE TO: Samuel L. Andes Attorney for Plaintiff Carol J. Lindsay Attorney for Defendant DATE: Wednesday, October 10, 2001 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. ~ ~hM- ~ rttlAlt h rtf.) ) V'VVud- ~~. kuu-e-- I'~ 1A..Ak~UJU./J1' )nrdc.ud- Inlls ?t?)Adrcz, ~ ~ I..JL-. +v~~+ aA/Vot I'~h'~ ~cdkv~ ~ vvi Vi.d-. , o,_~ _ _,,_, ',' 10 "'- '---'. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. -01 ~~~ /5 uAJ+~dtd ~,n~J uN a))'H ~'?!C 5t crvu~ Otrf /";1-, 'U)OI , DATE ( (---1" 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 DIRE8TIVE FOR FILING OF PRETRIAL STATEMENTS WILL BEiISSUED AT THE MASTER'S DISCRETION. HOWEVtR, IF BOTH COUNSEL, OR A , PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIR$CTIVE 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. '''''\E!1';IJ'l,I>.~," ~v_ r".,,<,~ ,,~I'" SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 L~MOYJS"E, PENNSYLVANIA 17043 TELEPHONE (717) 761-5:361 1 9 April 2002 FAX (7l7) 761-1435 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Mills VS. Mills No. 01-3314 Civil Term Dear Mr. Elicker: I write in response to Carol Lindsay's letter dated 4 April 2002. The information Carol requested, at the discussion we had following the last hearing, was some general information about what my client was likely to receive when the trust created by his father was terminated, and the assets in that trust distributed. My client's brother is the trustee and he provided my client with that type of general information, which I then provided to Carol. We still do not know the precise amount of the final distribution my client will receive and, quite honestly, we will not know that until the trust is terminated and the final distribution made. We hope that distribution will be accomplished within the next few months and that, by the time we conduct the final hearings in the case, hard evidence of what he received from the trust will be available. Carol is not satisfied with the information I provided and has requested that I produce a lot of documents that my client does not have and which, quite honestly, I do not believe she has any right to see. My client's interest is in whatever he receives in the final distribution from the trust, not in the assets his father owned at the time of his death. We will know what he gets from the trust when he gets it and the only information I can provide to her prior to that is an estimate, just like I have already given her. None of these funds are marital property. None of them are income to my client. The only real bearing they have on the case is the income that these assets will generate for my client once he receives them. We will not know what that will be until he receives them, although I expect to get them prior to the time of the ';,t , , ,~ _ ~ <;;,:': ~},t~ :'t,-~~,t',: _ :~":;':'-:'~<'~--? -,,, 1," ,,"'-Y~'~~:-T-'''"T'''<- "L_""";_";~'~_?', ^,_," .~,'-_.- ~,.~,_, '" ~. '''''' _" _~,~"_, "'"" ,,"_~ E. Robert Elicker, II 2 1 9 April 2002 final hearing. Delaying that final hearing will do nothing to advance the case or to provide Carol with any greater information than she already has. My client is paying a substantial amount of alimony pendente lite. We want to get this case resolved so that he knows his obligations in the future and can make arrangements to meet them. If Carol is not willing to file a pre-trial statement, I ask that you schedule a conference so that we can review the information you have and we can schedule a hearing. Thank you for your attention to this matter. Sincerely, s&:s amh cc: Carol J. Lindsay, Esquire R. Michael Mills ""'! - ^_. '_Co,"-, ---'!'!'. >--' -' 'I ' - ,- '~1-'--. ~-~,.- ,_". _;' _ . _ ,'~ "";, _ _ .,- C" _ JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAlDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROLJ. LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH 1. HITCHINGS THOMAS E. FLOWER FORREST N. TROUTMAN, II LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243,6510 EMAIL: clindsay@ssfl-law.com www.ssfl-Iaw.com WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, P A 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE February 19, 2002 E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013 Re: Mills v. Mills No. 01-3314 Civil Dear Mr. Elicker, A Pre-Trial Statement was due in the Mills' case on February 15, 2002. I am requesting an extension of time in which to file it. Mr. Andes' was to provide me some information regarding Mr. Mills' non-marital accounts. He has provided me a narrative and has not, I would guess, receive from Mr. Mills' brother the documentation that we need. In addition, I am missing some medical evidence which I need. Would you kindly extend me a period of two weeks in which to file the Pre-Trial Statement and until I receive the information from Mr. Andes. Thank you for your assistance. Very truly yours, CJUljb Enclosure cc: Samuel L. Andes. Esquire Linda L. Milis VER & LINDSAY, P.C. !\t,W"" . , - "-'-r,'-._:""~T'''--''''': ".""-'i e' ,., ~;_' o,_~ ,"',_. _,0 ,'--' . +-,,-,. ~.-, "" SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-5:361 22 October 2001 FAX (7l7) 761-1435 E. Robert Elicker, II, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: R. Michael Mills vs. Linda L. Mills 01-3314 Civil Term Dear Mr. Elicker: Enclosed is my discovery certification for the above case. I have received the certification filed by Carol Lindsay, Esquire, and I am in the process of collecting the information she has requested. Hopefully formal discovery on her request will not be necessary. Whether formal discovery will be necessary on my request remains to be seen. In the meantime, I request that you schedule a hearing on the threshold issue in the case. My client contends the parties separated in 1996 and, although they lived under the same roof, lived entirely separately from that date forward. As you can see from Carol Lindsay's letter, Mrs. Mills contends they continued to live together as husband and wife until May 01 this year. Because the date of separation is critical, both to .the grounds for divorce and to the date of valuing the various marital assets, we are going to have to determine that issue before we can proceed with the final economic hearings. Accordingly, I request that you schedule a hearing on this issue and direct counsel to exchange witness lists at lea.st two weeks prior to the date of the hearing. I trust the procedure I propose will be satisfactory. If it is not, perhaps a telephone conference with counsel will help us resolve that issue. Thank you for your anticipated cooperation. Sincerely, ~~n~es ':.,1.: Ie cc: Carol J. Lindsay, Esquire Mr. R. Michael Mills 'J..:_. .~ - ,,- 'c--~, " ,~, ~ - - , - _~",-" ',. ,'~ ---''', __'->'-, "_' ,'_~e,,, ~ ',~,'~" LAW OFFICES JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROLlo LINDSAY KIRK S. SOHONAGE THOMAS E. FLOWER LINDSAY GINGRICH MaCLAY JACLYN M. SMITH SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6510 EMAIL: clindsay@ssfl.law.com www.ssfI-Iaw.<;om WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, P A 17011 TELEPHONE: (717)737'3405 FACSIMILE: (717)737,3407 REPLY TO CARLISLE January 20, 2003 E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013 Re: Mills v. Mills No. 01-3314 Civil Dear Mr. Elicker, Perhaps Sam Andes has already been in touch with you regarding Linda Mills' case, but wanted you to know that the Court granted my request to withdraw as her counsel, and I have done so. Enclosed please find the Court Order and my Praecipe. Thank you very much for your assistance in this case. Very truly yours, CJUtjb Enclosure cc: Linda Mills Samuel Andes, Esquire S!J.\DIS, SHUFF, FLOWER & LINDSAY ,/' ~' (' I' / .... &. ,.' ..... . W'e. L:t.:3i.y 'fj d -'c_-_'~ ,<. '''_''''~'."::?'':'' .""'~'" ,-r":_~ -__.~-_,,<"__-": _,'~ _VX.-;'C--' - , - --_"_~__ r ,_ -,' "-~'-I, __ ",n'__ SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-5361 8 July 2002 FAX (717) 761-1435 E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE:Mills us. Mills No. 01-3314 Civil Term Dear Mr. Elicker: I write to follow up on the rnatters we discussed at the pre-trial conference last week. My client will need reasonable tirne to evaluate any medical or vocational reports we receive regarding Mrs. Mills' ability to work and to obtain a report frorn an expert of his own. Accordingly, I write to request that you schedule two days of hearings in October. At the first of those you can take testirnony, as you indicated you would, on the issues of rnarital rnisconduct and Mrs. Mills' rnedical condition. At the second, you can take any other testirnony required to decide issues of equitable distribution, alirnony, and any other rnatter rernaining. If you require Mrs. Mills to subrnit her expert reports by 26 August 2002, as you proposed at the conference, and set a date in early October for rne to file any expert reports, that should give rne adequate tirne to obtain whatever reports are needed and you can then schedule the hearings for sornetirne about the rniddle of October. Please consider scheduling along these lines. If it is satisfactory with you, I request that you set the dates for the hearings and for the exchange of expert reports. Thank you for your attention to this rnatter. Sincerely, C"a~" amh cc: Carol J. Lindsay, Esquire R. Michael Mills f'~ ~,' ". _L'~" r c" ,.'_="; . . ',".e,,' ., ,70 __~~_" . . Defendant ) ) ) ) ) ) ) ) } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R. MICHAEL MILLS, Plaintiff vs. CIVIL ACTION - LAW NO.OJ- 331'" ~ \.......... LINDA L. MILLS, 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 foregoing 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 ~""'"<" , ~ , . . .. . , ., Defendant ) ) I ) ) ) ) ) I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R. MICHAEL MillS, Plaintiff vs. CIVil ACTION - lAW NO. LINDA L. MillS, IN DIVORCE NOTICE OF AVAilABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. ""~" .r , . . Defendant ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R. MICHAEL MillS, Plaintiff vs. CIVil ACTION - lAW NO. c 1- 3:.(~ ~ T.L- LINDA L. MillS, IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, R. MICHAEL MillS, by his attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is R. MICHAEL MillS, an adult individual whose address is P.O. Box 1413, Harrisburg, Dauphin County, Pennsylvania. 2. The Defendant is LINDA L. MillS, an adult individual who currently resides at 17 Hemlock Drive in MEchanicsburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 5 October 1974 in Montorsville, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. '<'1 " . . WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. I , , ~\6 Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date:-=vY\.Cll.~d~.~ .... ,. ~c;(~~1 R. MICHA L MILLS ,~,. ., """-""'-' Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA R. MICHAEL MillS, vs. : CIVil ACTION - DIVORCE : NO. 01-3314 CIVil TERM LINDA L. MillS, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on MaY31, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in 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 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. ~~, R. Mic~el Mills, Plaintiff Date: ...,j- fI-,/ a~) "l C>l1.3 :~JlJ _,. -<"f '''!;,o~'__~'='_'",,,,,--'' ~ -,~1"'1 ,,'- ,-'",'" "'~' -"'-"-. ,,,,". ,~, ~, , . J I I ! I I , " li " ; f':.ll - ~ --"~ 1J.~<., _. ~' ",,0_ ,~ "~ '.m ~ 'r ""' -'~ ."' '.f ,",',-"-...,,, ' 'w.o'-'" ,,,,"O,,,,.,,.;,,t~~" ~~, ~~--","'~~ .,' ~_~M_' ~" 0 a () c w <C. -T1 -oct f._ nlr~': )::!f Z:J:' :::::~ .. Zr' N . (..0_:r.: co :j&' -< :2. ~c" -'0 ~f-l ' it 4" ::1'-': ~?15 '-0 is> )>c:: Cil" Z -" ~ :.J1 ~ Ul -< .~,=_L__~,.l,]lrir@~!!!ilI;!lJ~~im!I~ri~~",,,~j'7'F~~fW'!>7.,~~Q;~Q~[~';Ili'l~~~~tWi:~~ ;f R. MICHAEL MILLS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Defendant : CIVIL ACTION - DIVORCE : NO. 01-3314 CIVIL TERM : IN DIVORCE vs. LINDA L. MILLS, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under !l3301 (c) of the Divorce Code was filed on Mayg1, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in 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 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 autho"rities. i1[-/"", , ,,,,~,-,c~,,~_,,,;,,;,,,,<''1'f'i';''le..,,'- '-' ."\ ~<' ~'"'-'~': ,'-~'~-,-:_ ' -,"- ~ -,> -, ~,- I -.~, ,I ' .1 ',de _. _~_o, _ ^,'" . . ~-~ ,-~ ~- I I , I I ~ i ! I I I f ~ I. ~ ., [; ~ I, Ii p V1~ "'l1it19lllf1l e' _'; ><.' "~' .,~ - ~-~1 . ~'~..,.~~,' ,~~",~ ~ 0 c:::::;; \...J C c.,.:; -,'t S ,.~- ""00:; :~~ r""" rn-rr: z ...~,.. Z:D N .:~:_~'\~. :zC CO -'. ' OF" "j~); :s,.i k:: C) 4,] ..-,'1 -;Z:Q ::l'; '~I~~ ;\..--' is? )>'C -\ ~ ~, 2;:; (,n ~ . ~J]rw;l!I~JO!_~lW~m~!f~""'JW'W!!li~Iim;W;"',i'i~'f','S($'!:'"W*Ji~'~-'m~1~;'!'~!jl;<~R"0;T"l'j<l);ii}WI'>"f~~~fm~~ R. MICHAEL MILLS, Plaintiff YS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE : NO. 01-3314 CIVIL TERM LINDA L. MILLS, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER s3301{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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit 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. C::=~U~/~ Y R. Michael Mills, Plaintiff Date: ;j:"..,., J ?- '6 ~ C>03 :")'''''1?~~"!"""~_,-,-",_~,_-~",:"""",_-'~~~_;'Cl'.,,,,, , __".-_" "''",,\, ~. ',"",. ':_,_'>c,-. _"_,_",'__,___ _,_, _., " , C~ "''''~'iO ~'" i .1 Ii - , ". ...! "1IiI',~". ",:~A,.,~, ","~""""!,,,.,J~, --. I" ,- '"'~'-" ",,~ '<.'~"" ~N""W .~- ~. --~.. ~,>' ~"-,,. 0 C..., " C c.) >r:; ~ ~FF :-:'1 ,- 21- :':J - ffi)::.. in ;Ii ~i,,- co ~,) :..,,r ~c.. =c:; ~-~C) '>;. "1: if '7-0 () ~(-t -~ .....~C iSi 2: " () en <::: -I ~ -:", d;'; ('Jl -'J '-< _'r."fI,~,\!,~-"'''\'1;''F'~'''''''''!1'':ft".,~"&,,.~;-,'''''-itiNm>!V'~~~~~~Wf:K~~!!iij~~~~ Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVil ACTION - DIVORCE : NO. 01-3314 CIVIL TERM : IN DIVORCE R. MICHAEL MillS, Plaintiff VS. llNDA L. MillS, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !i3301(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, fawyer's fees -or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit 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. ~d/VJ/)ld~ Linda L.. ills, Defendant ~ , Date: ' () """ ",', ,'. > _.r",,-. _'_'_'~"",_r,_;, ,-'-,' ", ~''"'-'+'-P,-,<'C".-,,- .~o,'~ ~ --- ,---' . o - _il(ft!t~ "~ ~ ~. -" .<-- ""'"" c-, ,~, "1_ .~ .-:" - ,,-,,_..v' , ,,~ '_0 .0'''= ""~, "=_~~",.~ ~_ g ~. C) ,~ w . i~l s: ,.~- -~'- -0 [)C ~ - rnfT': Z::D .<- '--,:~ tu N Zi;. OJ )}c"'( en"..;. ::i~:; "<'" kG --,oj 2f~ ~..-, ,-- z.l~ ) ~ ~O <''""}' ' ~, :J>C:: -\ Z :.n 5'i ::<! c.n "< ,oi(jllll!:~~W!WIjlftliU1\\llIll\ll~~f@-i;t'~I""h1'..,""'f.lT;f"";'I,,1t.'!("'p1',j~"W'."0,?JT.c,~-h11.!!?l'*1$'~'tml~Il\\'.,,:#-l;iffi~""~TJi'1H'11,'<~W~_~~~i~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-03314 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MILLS R MICHAEL VS MILLS LINDA L DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon MILLS LINDA L the DEFENDANT , at 2000:00 HOURS, on the 22nd day of June , 2001 at 17 HEMLOCK DRIVE MECHANICSBURG, PA 17055 by handing to LINDA L MILLS a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing Her attention to the contents thereof. , /' Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.20 .00 10.00 .00 34.20 ~~ ~..~~., R. Thomas Kline 06/25/2001 SAMUEL ANDES Sworn and Subscribed to before By: ~~~. ~ Deputy Sheriff day of -'''''~'11}1'_ ,"' . ~,~-~--~~'1."_ - I ~ , - - ~~:, ,~~." " -~--"" income household $ 700.00 ST CD $ 9,800.00 Condo $103,700.00 FG Settlen $ 72,300.00 PF S & De $ 11,000.00 U Fam $ 8,200.00 Am Nat $ 32,000.00 Mise Farm $ 16,500.00 Farmland $267,000.00 $ 521 ,200.00 $ 19,994.00 $ 501 ,206.00 ,. ~ ,..,_ 0.__. " , expenses funeral condo Lawyers Taxes Mise Trustee $ 1,034.00 $ 1,060.00 $ 2,600.00 $ 2,600.00 $ 8,000.00 $ 4,700.00 $19,994.00 \ R. Michael Mills vs. Linda L. Mills Kev to items listed in letter from Fred Mills Household Estimated value of household furnishings ST CD Certificate of deposit in State Trust Company Condo Estimated proceeds of sale of Florida Condominium FG Settlen Proceeds of annuity which has now been liquidated PF S & De Stock and debenture with Prairie Farms Corporation which have been liquidated U Fam A policy of life insurance issued by United Family Life Insurance Company Am Nat Annuity with American National Insurance Company Misc Farm Income, before expenses, from the sale of crops on the farm Farmland Proceeds of the sale in Ossian, Indiana Funeral Funeral bill Condo Expenses incurred in the sale of the Florida Condominium lawyers legal fees paid relating to the sale of the Indiana farm Taxes Real estate taxes owed on the farm in Indiana at the time of its sale Misc Expenses incurred in operating the farm until it was sold, mostly related to recovery of crops Trustee Fee paid to Fred Mills for his services as trustee , i;l~" .__ r I "-"'","' JAMES D. FLOWER JOHN E. SLlKE ROBERT C. SAlOIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL J. LINDSAY JOHNNAJ. KOPECKY ](ARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER FORREST N. TROUTMAN, II LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: clindsay@ssfI.law.com www.ssfl-law.com f -" /<-'=~-->, 'I'-~-i --, <." ',~,-'\. /7 'i i l ") \ II ". ;/ of ( , \; j, I ~._~_..! '\ of \\ . \, / 1 i"j l~ ,\,-,~,"-,.,'? \'-~'_.'-) i ~ II ",-' -"-~",,, ..." L,,' WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, P A 17011 TELEPHONE: (717)737,3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE March 26, 2002 Samuel L. Andes, Esquire 525 North Twelfth Street P. O. Box 168 Lemoyne, PA 17043 RE: R. Michael Mills v. Linda L. Mills No. 01 .3314 Civil Term Dear Sam: Thank you for your letter of March 20, 2002 and its enclosure. With regard to Mr. Mills' father's estate, I would appreciate seeing a copy of the settlement sheet for the condominium and the family farm. Would you also ask Mr. Mills' brother to provide copies of statements that indicate the value of the CD, the "FG Settlen" annuity, the value of the "Am Nat" annuity payout, and some indication of what $8,000.00 of miscellaneous expenses are for. Of the requests I am making in this letter, only one of them requires the Trustee to do anything but make copies of documents which must be In his file. I will await receipt of these documents before filing my Pre-Trial Statement. I will also be meeting with my client shortly to be able to respond to your request for a designated earning capacity. Very truly yours, SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. I' {{uuL-- Carol J. Lindsay CJUtjb cc: Linda Mills E. Robert Elicker, ii, Esquire \ \>. ~'-_"""'r- rf , - ;~:<-'"""o, ". "1/>1;,. '. A DR 30869 PACSES ID 742103673 LINDA L. MILLS, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CIVIL ACTION - LAW vs. R. M. MILLS, Defendant/Respondent NO. 01-3314 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of September, 2001, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $0.00 per month and Respondent's monthly net incomelearning capacity is $3,293.72 per month, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $1,318.00 per month payable monthly as follows; $1,318.00 for alimony pendente lite and $0.00 on arrears. First payment due with first wage attached payment. Arrears set at $0.00. The effective date of the order is September 28,2001. Parties agree that husband is given credit in the amount of $4,349.090 since the date of filing on July 12, 2001. Husband is to pay forty percent (40%) of any and all bonuses within five days upon receipt of said bonus. He is to make direct payment to wife and is to provide verification of said bonus to DRO within the same five days. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.~ 3703. Further, ifthe Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment ofthe Respondent to prison for a period not to exceed six months. Said money to be turned over by the P A SCDU to: Linda 1. Mills. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PASCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. ~!'~' , ~ , ~ ~" . < /. J Unreimbursed medical expenses that exceed $250.00 annually are to be paid 60% by the respondent and 40% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider( s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties uuless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday Mailed copies on Petitioner IO,!>-of to: < Respondent BY THE COURT, ~~ . J. "'!"!>'<>l.iJiii':;". In.' , "'I' e,_ ~, ",,_,~~ "~ ~ ll'1!W?w ~ '""ll!IIl '0'" ~ " .~ ' .~, ~- .~ "'" --- ~, -<~,"~-',' - 'r ,." ",~ ',,"bo- '<p",---~",-. ,'0"" _a" ~-,,'<~..'" -- ~ '"Offi SPC!7 :z: -Co CIj ;;~ """0' ,,-.0::. ~c i;O .);:0 fi =< '" '. '-'7 (J1 ''''''W .', '1' tl t c - o ~,'/ ':;:' c-, '-l _ ,J;! -;~~~',? .---:\_J ;;g~1 ~O Ort"r '-, :$ '"< -- l\,) ,\:, ::J: -l")~-'_~' ~~I'\\'~~~~~~"f.lif\W-lr<;';"""""";-';'-'''" L''''':'~:'> ,"O_~';''?>~~;Q'\'f~~.''!!;''~''i:KWJ-4;;''3';-,:-,,'->L~.-,j!i'~0.W:;y"-,~If!'','\til~""mw'efY,~~ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT p<< D/-33/C( ((VlL. State Commonwealth of pennsylvania ?/4e:<;;ES; 7l/-J/0307.3 Co./City/Dist. of CUMBERLAND IJ,e. 3o$'( a Date of Order/Notice 10/01/01 (p / Court/Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice o Terminate Order/Notice ) RE; MILLS, R M. ) Employee/Obligor's Name (last, First, MI) ) 314-44-3166 ) Employee/Obligor's Social Security Number ) 3829100816 ) Employee/Obligor's Case Identifier ) (See Addendum for pJaintiH names associated with cases on attachment) ) Custodial Parent's Name (Last, First, MI) ) EmployerlWithholder's Federal EIN Number THE PATRIOT-NEWS CO EmployerlWithholder's Name 812 MARKET ST EmployerlWithholder's Address PO BOX 2265 HARRISBURG PA 17101-2808 See Addendum for dependent names and birth dates assodated with .cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1,318.00 per month in current support $ o. 00 per month in past-due support Arrears 12 weeks or greater? Oyes <i9 no $ 0.00 per monlh in medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 1,318 .00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 304.15 per weekly pay period. $ 608.31 per biweekly pay period (every two weeks). $ 659.00 per semimonthly pay period (twice a month). $ 1.318.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer SelVice at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCOU Send check to: Pennsylvania SCOU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: -OCr 2_ '/ J C' Form EN,O 8 Worker 10 $IATT SelVice Type M (- \ ,",,-,. _..~ ZOo' -, :";i ,', _ _i~1,:' MB No.: 0970-0154 16'" / ~ -0,/ Expiration Date: 12131/00 -"~\lI1I,,'l' "', - ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting J agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Repullil'6lLc:. F'AydatefDate of\N;U.I,vIJil,g. You Inust h:::pv,l tl,e. j5Ayda-teldatt vf vvitl,l.vldihg wvl,el. se1lJ;116 ti,e pdyllle.ht. Ti,e l-'ayddte'da.tG of Hitl,l,oldil.g is tl,e:; J~te 01, vvl,iel, dhlOUl,t nn;:> vvitl,l,dd flOl,' tl,e; c;1I1f;)IOy~e'5 vvagt:5. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2313044020 EMPLOYEE'S/OBLlGOR'S NAME: MILLS, R M. EMPLOYEE'S CASE IDENTIFIER: 3829100816 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-<liscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.5.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. "NOTE: If you or your agent are selVed with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240,6225 or by FAX at (717) 240,6248 or by Internet @ Page 2 of 2 Form EN,028 Worker ID $IATT SelVice Type M OMB No.: 0970-0154 ExpIration Date: 12/31/00 ,--~'""'"~~. ITl r" " . " ,.".~ ADDENDUM Summary of Cases on Attachment R M. Defendant/Obligor: MILLS, 742103673~-7L/l{cett PACSES Case Number Plaintiff Name LINDA L. MILLS Docket Attachment Amount 01-3314 CIVIL$ 1,318.00 Child(ren)'s Name(s): DaB "'61;'.~~~~'~~~:;~~~;~;~:~i:~~;~;~;~;r;~;\~~;I~~;~~;iii...... identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB a,;~~~~~~~:;~~~;~;;~~i;;~;;~~;~;,;~~~~;,~;;~~;"'..'\.............. identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Service Type M OMB No.: 0970.0154 Explliltion Date: 12/31/00 "." . ~, . " PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB bli~~~~~;~:;~~;;~;~~~i;~~;~;~;~II;~~~~il~(::~;""""................. identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DaB "fjl;~h~~~~~;;~~:;~;~~~i;~~;;;~;~il;~~~~:I~i;~~;iii.'...... identified above in any health insurance coverage available through the employee's/obligor's employment. Form EN-028 Worker ID $IATT " '_4 ~ ,~ ,1IlU. ._"- "'~ ','e~., '.'" ~"ili,::JJM'1' ~~<-, ~ "'.""',",', ''''>';".~,\ ";~"""'.o_ ""~''.'' "" ''''',=,-" ~, -'~, ,""'~' ,~~" ~-'~~'m~"~""~~""'''''~d"''''''~''',M; (') e, 0 c <:- " ""055 a q:t CQ n .;f;.~iJ ,,",--.J,,' -j zc-- '-:)rn (f)_,;:,. N :00 r'iZ '-J J ;<C) -0 c::,0 )>0 =c d~ ~o r:? z. ~ Om -j =< c:J'l ~ (J"l -< ':;!~mM~~ll!l'ilJ~~W~~~Wl!l'-'!fli'lME'h~~~iO(~?"-"c'f<~'"'W",';~:i-i",,,-,0;.,,,,- c,';'.,.,,", --"'V";W!)"";:-'!I,~0)"'"'.~f'''0;''Yl1''''' ,;;1";",- ""rF",'N"~'~:~;"'jJ',"~I,'R'l'I!W , R. MICHAEL MILLS, PlaintiftiRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE LINDA L. MILLS, Defendant/Petitioner NO. 01-3314 CIVIL TERM IN DIVORCE DR# 30869 PacseS# 742103673 ORDER OF COURT AND NOW, this 2~d day of August, 2QQl,.upol1.consideration.ot:the.attachedRetitiolLforAlimon.y,.... Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on Sel1tember 7. 2001 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Retnm, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.1\(0 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you '-. , _,,.i;;'A ":'j".;;.;",:s,:","uc,''i'-'-''" IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 8-2-01 to: Petitioner < Respondent Carol Lindsay, Esquire SmnuelAndes, Esquire jJ, l\ .;JL Date of Order: August 2, 2001 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE;PENNSY1:;VANIA't7013. .. (717) 249-3166 ---W"~_:!J,'~"~~~~."'''' "lj!f1!B~.~",~_'T-~' ~ _1' .,.",....,.,.~~~- ., "' 'M _ ,~ ~ "'I ,~ ~ =,~ --"- ~ I' \lIN\f^lASNN3d AlNnOJ ONVl'd38\^ln::> 92 :11 fW 9- 5fW 10 A\:frllONUiiJU:JC!.}1 ::10 381:1:10-0::1 \d ,-,-JialIBIIBI ~_ ~_" ,,"""",. ~_ 'J!lllll!l'!mlr~W~~~~""L. ,~~J]~il\iifj[\1!J~~'ili~;,.j!,"W-'<'.'-~'i-'o;"'-1"",,'f\'f,4,,-e,"-":'~';'o''('':'''''"'''':''~r'':''~l~!!1gj~o!!~*,!ilj~'!~~~~~~~ SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEVS.AT.LAW 26 W. High Street Carlisle, PA " R. MICHAEL MILLS, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 01-3314 CIVIL TERM vs. LINDA L. MILLS, Defendant/Petitioner : IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE Now comes, by and through counsel, SAlOIS, SHUFF, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on October 5, 1974. 2. The parties separated on or about May 28, 2001. 3. Petitioner is without the ability to earn income sufficient to meet her reasonable needs and to pay attorney's fees. WHEREFORE, Petitioner prays this Honorable Court to order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines and reasonable attorney's fees. SAlOIS, SHUFF, FLOWER & LINDSAY Attorneys for By: ~~,,! t<;, "~". ~ - '_.~' _H; '\''0_1"":','''' -j~" <_ " 'I. ~."' - _ "',_W_ ,,_'".';'__'~." _~~ 'T - ~ ~, - -~,-, ", ,. -.., \ SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS'AT-LAW 26 W. High Street Carlisle, P A }~~'"i:""'_Y7 -?, " VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pac C.S. 9 4904, relating to unsworn falsification to authorities. D.!odd;; R,Ci L cYm'/!0 ;I ;Jra Linda L. Mills -_"':';'S'~':'_:~' _.~~",'! ",O-J.",__ >- --.'__'_1 ~_,_, -_.'''~ "oJ:' ,__ ~,-"" '"--7. . ".-". - ~-~ >;B --".,""",,,,--",<,. , " " .' rIJjmt~,. ",'=, ~,_ 'eU -M"'-~'-'';<_' ~'_<,'__.w, ' , "k',VH'v",' ""ltilliiiiili' "'~i1Jl.i\al T JUl 0 5 200t t ;.Ji ~[lft~~I!l~J~!J<_~iI!~OO!/WM~~;;'l!-!.rmtil~"j;","jl;""','W"'fflf1l'\llffl&f1iW~I0F'!'#""1~.m!nm"'f'I~'R~IWI'l""ffl-";'!fi!!~~ -'-J!"f~~ ~ . . " \ DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER: LINDA L. MILLS DOB: AUGUST5,1946 SSN: 174-36-1265 ADDRESS: 17 HEMLOCK DRIVE, MECHANICSBURG, PA 17055 PHONE: AnORNEY: (717) 243-6222 CAROLJ. LINDSAY PETITIONER'S EMPLOYMENT: How LONG? NONE HOMEMAKER SINCE 1976 NET PAY: JOB TITLE: N/A PER HOMEMAKER OTHER INCOME: (INCLUDE AMOUNT AND SOURCE) RESPONDENT: R. MICHAEL MILLS DOB: JANUARY 31 , 1943 SSN: 314-44-3166 ADDRESS: PHONE: P. O. BOX 1413, HARRISBURG, PA UNKNOWN ATTORNEY: SAMUEL L. ANDES RESPONDENT'S EMPLOYMENT: PATRIOT NEWS How LONG? ESTIMATED 10 YEARS NET PAY:$48,OOO,OO PER YEAR JOB TITLE: SUPERVISOR OTHER INCOME: (INCLUDE AMOUNT AND SOURCE) INTEREST, DIVIDENDS. SPECIAL POLICE OFFICER, INHERITANCE OF FARM WHEN MARRIED: OCTOBER 5, 1974 WHERE: MONTOURSVILLE, PA DATE SEPARATED: MAY 28, 2001 WHERE LAST LIVED TOGETHER: 17 HEMLOCK DRIVE, MECHANICS BURG, PA 17055 FOR DRS INFORMATION ONLY r-'- ."_",f_ " T'_ SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS'AT-LAW 26 W. High Street Carlisle, P A I....,. " R. MICHAEL MILLS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 - 3314 CIVIL TERM Plaintiff V5. LINDA L. MILLS, Defendant : IN DIVORCE AND NOW, this ORDER OF CO~ to{.- day of ~ ,2002 upon '" consideration of the within Petition, a Rule is issued upon Respondents, Linda 1. Mills and R. Michael Mills, to show cause, if any, why Petitioner, Carol J. Lindsay, should not be perrnitted to withdraw as counsel for Linda 1. Mills. t-)' RULE returnable days frorn date of service. J. tapUD ~ 11 R)(5 J:(-JO~OJt in' ~. .dtSde.s a /Milb ILttd S(] ,"- ',{:<::,"';"i_,~,~' ,,,0"_', I I I ! I I I , I I I .' I , j I I I l ~ I :-:c,,_ -., , .-' _C'~I~Y"': .~ ..;.~',,,,-" ~-..-" w.~__~,,~.' -1J.^ b1iVhjj ~ (fio:) v .1"{SiVf t~ . I h"'^I!\:JrI . - ;' '/ ,:-..f~" -. If'. "'::;"Ii~ (.. :.:: U .y 01 It) ',d D '.. ' .1b'V'IC' .. I cl.:jJ ;, ...... ifi' ','" ,-0 3:)):~::,{;.j::~., - ,. ~ " 'iJ -,~'~",' ->.~ -~ ~ " mJ ~ - , """I~;-,.....,.-q . lll, II! T _ .."~~i:Qlil'I~~,~,,I~*S"'~ffil.>-'~;;;-,"4"'-'i~N":N~~""'~'i1'.l'o/'<~l'm_~OOI{t!~,~~~~~~~j . SAlOIS SHUFF, FLOWER & LINDSAY A'ITORNEVS'AT'LAW 26 W. High Street Carlisle. P A p R. MICHAEL MILLS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVil ACTION - lAW : NO. 01 - 3314 CIVil TERM Plaintiff V5. LINDA L. MillS, Defendant : IN DIVORCE PETITION TO WITHDRAW AS COUNSEL NOW COMES SAlOIS, SHUFF, FLOWER & liNDSAY AND CAROL J. liNDSAY, counsel for Linda L. Mills, Defendant above, and petitions this Honorable Court as follows: 1. Petitioner is Carol J. Lindsay and Said is Shuff Flower & Lindsay with a principal place of business at 26 West High Street, Carlisle, Cumberland County, Pennsylvania. 2. Respondents are R. Michael Mills who is represented by Samuel Andes, Esquire, and Linda L. Mills. 3 Petitioner is counsel of record for Linda L. Mills in a currently pending divorce action. 4. A Master's hearing in the captioned case is set for January 28, 2003. 5. Petitioner seeks leave of Court to withdraw from the captioned case for the following reasons: A. Attorneys fees remain unpaid. B. Communication difficulties between Respondent, Linda L. Mills, and Petitioner, inhibits the effective litigation or settlement of her case. "-,- ,,_, ;", .~. ,'_'-,1 C'_ ,.J- """.,..",-;< ,". ,Y ,-.?,~",,,,~=. SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS'ATlLAW 26 W. High Street Carlisle, P A h -;c..'.~. " WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon Respondents to show cause why Carol J. Lindsay and Said is Shuff Flower & Lindsay should not be permitted to withdraw as counsel for Linda L. Mills.. SAlOIS, SHUFF, FLOWER & LINDSAY By , Car I J. indsay, E quire 10# 93 26 West High Street Carlisle, PA 17013 (717) 243-6222 1 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNBVS'AT-LAW 26 W. High Street Carlisle. PA ~1tj '''''', _ .".,., ,,~,~ , , ,,'~_" .(.c _,' ,,,-,' I."... - VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification t~,Cl.uthoritie~: . Date: I .1 1 I I " I :1 i wf~JO~ r I SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORNEys.j\T'LAW 26 W. High Street Carlisle. PA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 01.3314 CIVIL TERM " R. MICHAEL MILLS, Plaintiff VS. LINDA L. MILLS, Defendant : IN DIVORCE CERTIFICATE OF SERVICE U v-tt. day of ~~ AND now, this Carol J. Lindsay, Esquire, of the law firm ,2002, I, AlDIS, SHUF LOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition to Withdraw as Counsel this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Samuel L. Andes, Esquire 525 North Twelfth Street P. O. Box 168 Lemoyne, PA 17043 Linda L. Mills 17 Hemlock Drive Mechanicsburg, PA 17055 SAlOIS, SHUFF, FLOWER & LINDSAY By ~ ii '! , -, ., i: fj !I II ;j ;:. \; .,:1 ;:-"$ ,~'""~~~ ,.;In,,,,. o c ~ ~~E ~_.~ ',..,.: ~:';~~ >.. ~ I c) ['\,) '-:1 [ 1'J 'J I m o --n "::J i-:~;n ;~.~; ~? --~:J~) ; ~~~j ;::,.- ',- ~j <j;-q ~-1 ~". :I:2 -< :_~:"? ~'? if%:> >iI_. -r--*~I.'"f!"'f'""""~~~~i!liM'~~W!f\H'!t-;,!!,~,m;"",,F.:'r""'WfU:'lI!~i$lfu~~_~'WIii'~~~l;;1\\j'~Jil-filH~!!:Ul~_ ,-:; . ""., ". - - ~ '- ~ R. MICHAEL MILLS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : CIVIL ACTION - LAW : NO. 01 - 3314 CIVIL TERM LINDA l. MILLS, Defendant : IN DIVORCE PETITION FOR A HEARING NOW COMES SAlOIS, SHUFF, FLOWER & LINDSAY AND CAROL J. LINDSAY, counsel for Linda L. Mills, Defendant above, and petitions this Honorable Court as follows: 1. On December 6, 2002, the undersigned petitioned to withdraw as counsel for Linda L. Mills. 2. An answer to the Petition has been filed by both Respondents, Linda L. Mills and R. Michael Mills, the Plaintiff in the underlying action. 3 The answer of Linda L. Mills is attached hereto as Exhibit "A" , and the answer of R. Michael Mills, the Plaintiff in the case, is attached hereto as Exhibit "B". 4. Respondent Linda L. Mills seeks to maintain Carol J. Lindsay as her counsel in the case. Respondent R. Michael Meals has no opinion on withdrawal but wishes to maintain the Master's hearing now scheduled for January 28, 2003. 5. A resolution of this interest at the soonest possible date is important for all parties. '" , ~, ~ ,., I". ."..',', 'I WHEREFORE, Petitioner prays this Honorable Court to grant the Petition of the undersigned and to permit her to withdraw as counsel for Linda L. Mills promptly so that she may obtain other counsel. SAlOIS, SHUFF, FLOWER & LINDSAY By aryll . indsay, Es uire ID#'4 693 26 West High Street Carlisle, PA 17013 (717) 243-6222 ," ">" -n. VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: 1~1C(OV ^"" ,-- ,~,-~.," -- ..~ ~ "', ., ., ,~""'"" ~-, c. R. MICHAEL MILLS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 - 3314 CIVIL TERM Plaintiff V5. LINDA L. MILLS, Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND now, this .go day of ~t)~ ,2002, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for a Hearing this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Samuel L. Andes, Esquire 525 North Twelfth Street P. Q. Box 168 Lemoyne, PA 17043 Linda L. Mills 17 Hemlock Drive Mechanicsburg, PA 17055 SAlOIS, SHUFF, FLOWER & LINDSAY ~/ Q By C J. Lindsay, squire I D# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 h, ,. r~ ,'- C'. . . IN THE COURT OF COMMOM PLEAS OF CUMBERLAND COUNTY PEN"NSYL VANIA R. MICHAEL MILLS CIVIL DIVISION Plaintiff V. NO.: 01-3314 Civil Term LINDA 1. MILLS Defendant ANSWER TO RULE TO SHOW CAUSE AND NOW, comes the Defendant, Linda Mills, and answers the Rule to Show Cause filed in the above captioned matter as follows: 1. Denied. Ms. Lindsay was to Petition the Court to have R. Michael Mills, pay my legal fees~ 2. Denied. Ms Lindsay was made aware her calls show up as unavailable on the Caller ID service through Verizon. I do not answer unavailable calls since most of the time they are telemarketing calls. Other arrangements were made to reach me, WHEREFORE, Defendant prays that this action be denied. J.. _p /r'7 4/1 ,.-y ,~ ~/.::::... ,'/\ /"/ b C/h Lfmda 1. Mills 17 Hemlock Drive Mechanicsburg, P A 170~ 5 717-766-3859 VERIFICATION The undersigned, Defendant, deposed and says subject to the penalties of 18 Pa. C.S. A. Section 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Answer to Rule to Show Cause are true and correct to the best of my knowledge, information and belief. dL~v Y /?l& Linda L. Mills ;'"; -~ ~ ,~-"' ., ""'." ~. ~~ _'T' , " ~ -~..,.,.." " . CERTIFICATE OF SERVICE Linda 1. Mills, hereby certifies that on December 19, 2002 I mailed a copy of the Answer to Rule to Show Cause to the Plaintiff by first class mail to the below listed address: Carol Lindsay, Esquire Saidis, Shuff, Flowers & Lindsay 26 W. High Street Carlisle, PA 17013 ~h-d2~ -:frvJ!ib . --Linda 1. Mills 17 Hemlock Drive Mechanicsburg, P A 17055 717-766-3859 I, , ,." ,. _, ,r~""1'-"' .~O~7'_' ,,' _ C,~" \ . I R. MICHAEL MILLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3314 CIVIL TERM LINDA L. MILLS, Defendant ' IN DIVORCE ORDER AND NOW this day of , 200 _, upon consideration of the Response of the Plaintiff to the Petition of Carol J. Lindsay, Esquire, to withdraw as counsel, we hereby order as follows: 1. Whether Carol J. Lindsay, Esquire, is granted leave to withdraw as counsel for the Defendant in this matter or not, the Master's hearing now scheduled for January 28, 2003, shall not be postponed or continued without the consent of both parties and their attorneys. 2, A copy of this Order shall be served upon both Carol J. Lindsay, Esquire, and the Defendant, Linda L. Mills. BY THE COURT, J. Distl'ibution: Samuel L. Andes, Esquire (Attorney for Plaintiff) P.O. Box 168, Lemoyne, PA 17043 r Carol J. Lindsay, Esquire (Attorney-at-Law) 26 West High Street, Carlisle, PA 17013 Linda L. Mills (Pro se) 17 Hemlock Drive, Mechanicsburg, PA 17055 I, R. MICHAEL MILLS, Plaintiff Defendant ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3314 CIVIL TERM LINDA L. MILLS, IN DIVORCE PLAINTIFF'S RESPONSE TO PETITION OF CAROL J. LINDSAY, ESQUIRE, TO WITHDRAW AS COUNSEL AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and makes the following response to the Petition of Carol J. Lindsay, Esquire, in this matter: I I Ms. Lindsay and will not, therefore, take any position regarding the reasons for Ms. 1. Plaintiff does not desire to intrude into the dispute between the Defendant and Lindsay's request for leave to withdraw as Defendant's counsel. 2. Plaintiff is, however, concerned about the delay in this case which may result from the court granting Ms. Lindsay leave to withdraw as counsel. This matter has been I before the Master for more than a year and the Master has already determined, following I I \ a hearing, that the parties separated since 1996. Plaintiff is currently paying a substantial amount each month to the Defendant, as alimony pendente lite, and Defendant has made little or no effort to become financially independent, through employment or otherwise, since the separation of the parties. 3. The matter is currently scheduled for a hearing before the Master to resolve all of the economic issues and conclude the divorce litigation. That hearing is scheduled for 28 January 2003. 4. The proceedings in this matter have been delayed by postponements and continuances previously. 5. Plaintiff will be severely prejudiced if the Master's hearing now scheduled for 28 January 2003 is postponed or delayed. WHEREFORE, Plaintiff prays this court to direct that the Master's hearing now scheduled for 28 January 2003 continue as scheduled, without postponement or delay, whether Carol J. Lindsay, Esquire, is granted leave to withdraw as Defendant's counselor not. ~J), Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 "I. . '1'11~J! "~ VERIFICATION I verify that the statements made in this Response are true and correct. I understand that any false statements in this Response are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). I Date: \;::'.. \\.::'1 l 0 'd-- I, I ~it;-~^ Q" m el . An e "WJ. ~,p_ .." ",-, .-' ~- - - ~ Ii i: , CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Response upon the following persons, herein by regular mail, postage prepaid, addressed as follows: Carol J. Lindsay, Esquire 26 West High Street Carlisle, Pa 17013 Linda L. Mills 17 Hemlock Drive Mechanicsburg, PA 17055 Date: j 2J (~!D;)-" (1~ lJJJ.lf/oAfuv,J Amy M. Harkins Secretary for Samuel L. Andes II Ii ,I I' I I , II I 1 ,I '-""". ~r. ) .-" " .~ -ill ,~ CZe," Vuv~ i _'i~j;jJ1I1 r d .~~-~ "'. ~,-" -, ~ " 'C', '0 '>'I''''';~ 'C'.' ".<' ',',~- ~.~' ..,;,--,,'.1'. "'. "-" ... ...--. ~..w_ (') C"J 'j c: r'<! -n .. 'C::; ::-:-i -I:.' f:~" , , r'" f' ) 'T; - ., '--,) , . "'1 L:. . (Ie? T- o C) ~ C) ~:;~~ C) ~-' 'Ti C) ...,:;;", '"~;! "1'1 z () (') j;; C CO ~ m -,.. :3 :::> -, ~ (,,) -< ~~ ~ 0 ",,,,,_.1I1T.. .,r--, .,~?iI'jjiW ij_~~,~ ~~l!!IU~~_!<<1I!'H,(iill'!I"!lRf'C~;"":.A,:""!"+~"'i'",,,I~i'-b""";V~"Fi00iim~!.'%l"m'1W2ffl1f"~f'~'1,>*~I!";;;"-j""lW~~HIt.-"ff~~l1if~ ,-_-1>1 ~ IaI I. ,~ ~~a.)'&;;'tl'l!,;d:-, R. MICHAEL MILLS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LINDA L. MILLS, DEFENDANT 01-3314 CIVIL TERM ORDER OF COURT AND NOW, thislLday of December, 2002, upon review of the answers filed by Linda L. Mills and R. Michael Mills, to the petition of Carol J. Lindsay, Esquire, to withdraw as counsel for Linda L. Mills, the Rule is MADE ABSOLUTE. Carol J. Lindsay, Esquire, may withdraw as counsel for Linda L. Mills,1 By the Court, Samuel L. Andes, Esquire For Plaintiff Carol J. Lindsay, Esquire Linda L. Mills 17 Hemlock Drive Mechanicsburg, PA 17055 ~ ~ /_0;1-03 Cr Robert Elicker, Esquire kl~ Divorce Master - P..wl- ~ ,-- . :s81 I Should this order result in a request of Linda L. Mills to continue the scheduled Master's hearing, such a decision shall be made by the Divorce Master based upon the circumstances and the history of the litigation. i!il Ii,. """'.,"'0,',_0 ',", ~,,..,.. - ." -~':' ' -I'~,,-"" ..... HL!~O'-O:~C!CE ,n' -- .,..::-,_:(.\\!'......1? nv i I tj, \'\)"~\I'1r ,. ~, 'I" \..'0 unI _) '-..','-,:, '- M' Q; 3Q 0.,,1.,1 . ""' CUM::b:~i\ COUNN PENNSYLVANfA " ,':P<rMt~ ~_ _M_' .. ,. "" .^ '~ <~' " ." ,_,__ _~ ,_.,,,,*, 'o~"~ ~W"~"_'" "",'-'I' ',:",tttJ"';'C ."m, ~~~_ :-";_;;~''"'''''''':'"_"' "~,._ "~~:""""JflMr,k.Jf"~"jlj~~~"'''''','T'''''''''~ 'r-". ;'i"'!'~ , -~ - <, .~ R. MICHAEL MILLS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. LINDA L. MILLS : NO. 01 - 3314 : IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: R. Michael Mills Samuel L. Andes , Plaintiff , Counsel for Plaintiff Linda L. Mills Carol 1. Lindsay , Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 15th and 16th day of October 2002 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. George E. Hoffer, President Judge Date of Order and Notice: 7/8/02 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LlliERTY A VENUE, CARLISLE, PAl 7013 TELEPHONE (717) 249-3166 ,,- _ _ - ~ c _ -,~ .. -'",' R. MICHAEL MILLS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. LINDA L. MILLS : NO. 01 - 3314 : IN DIVORCE ,,,~Rb""e:H EI rrrrJ:;j)''1rl P Aj'RI N'(J& ORDER AND NOTICE SETTING HEARING TO: R. Michael Mills Samuel L. Andes , Plaintiff , Counsel for Plaintiff Linda L. Mills Carol J. Lindsay , Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 28th day of January 2003 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. George E. Hoffer, President Judge Date of Order and Notice: 10/22/02 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PA 17013 TELEPHONE (717) 249-3166 ,~'~ - .. ...- R. MICHAEL MILLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 01 - 3314 CIVIL LINDA L. MILLS, Defendant IN DIVORCE THE MASTER: Today is Tuesday, January 28, 2003. This is the date set for a Master's hearing in the above captioned divorce proceedings. Present in the hearing room is the Plaintiff's counsel Samuel L. Andes. The Plaintiff is in another room in our office. Also present is the Defendant, Linda L. Mills, and Michael Alleman, son-in-law of Linda Mills and Barbara Alleman, Linda's, daughter. Previously Mrs. Mills was represented by attorney Carol Lindsay but Ms. Lindsay received the Court's permission to withdraw from this case. A complaint in divorce was filed on May 31, 2001, raising grounds for divorce of irretrievable breakdown of the marriage. The Master expects that the parties will sign affidavits of consent and waivers of notice of intention to request entry of divorce decree today so that the Master's office can file the affidavits and waivers with the Prothonotary. The divorce can, therefore, be concluded under Section 3301(c) of the Domestic Relations Code. A 3301 (d) was filed on May 23, 2001. There was an issue raised '~'l,,...,, _, . '_"P,~',,,-,,,.""',,,,, _~ _w~ ", - - -,,,. " ',,' ," -',---,- , ~- J-' ,-= ~. --' regarding the date of separation and the Master had a hearing on that issue on July 3, 2002. After the hearing was conducted, the Master put on the record his finding that the separation occurred January 1996. The economic claims that the Master is addressing today are equitable distribution, alimony, alimony pendente lite and counsel fees and expenses. An agreement is going to be stated on the record in presence of Mr. Andes, Mrs. Mills and her daughter and son-in-law. The agreement as stated on the record is going to be reviewed by Mr. Mills after it has been transcribed and the parties will be asked to sign the agreement affirming the terms of settlement as stated on the record. Mr. Andes has indicated that he has authority to accept the terms of the agreement as stated on the record as behalf of his client. The agreement as stated on the record will be considered the substantive agreement of the parties and will not be subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Following receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and Mr. Andes will then be in a position to file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Andes. !, - - ~ ''''0 ,~__"j,,,__. ,~"' "__'__ _n _.."r_.,_,>", -,-f'. ^. ." ~ ~ ~ <." _ , . MR. ANDES: The parties have agreed as follows: 1. Mr. Mills is a participant in a retirement plan operated by his employer. The name of the plan is The Patriot News Company Advance Pension Plan. As of the date of separation he had accrued benefits in that plan that will pay him approximately $530.00 per month starting at a commencement date which we estimate to be in February of 2008. The parties have agreed that Mr. Mills will pay to his wife, from the pension benefits when he starts to receive them, the sum of $268.00 per month continuing as long he receives those benefits. At this point the parties do not intend to obtain a QDRO and will divide the pension between them when it reaches pay status. 2. All other marital property of the parties has been distributed by them and each of them will retain what few items of marital property exist and are in their possession. Husband shall pay to wife within 14 days of the entry of a final decree in divorce the sum of $4,000.00 in satisfaction of all further claims for the equitable distribution or division of marital assets. 3. Husband shall pay alimony to wife as follows: a) The alimony will be paid at rate of $1,300.00 per month commencing with the first month following the date of final decree in divorce. In addition to the monthly payments, husband shall pay to wife $500.00 as alimony on or before the first day of December each year hereafter. The alimony payment shall be made through the Domestic Relations Office. b) The alimony will continue until the death of party or until wife's remarriage or co-habitation, in any of which events the alimony payment shall cease. c) The alimony shall be modifiable upon husband's retirement or disability which prevents him from holding substantial employment or upon wife receiving income or other regular payments of money of $15,000.00 per year before taxes. Otherwise the alimony shall not be subject to modification. 4. All other claims for economic relief, including any further claims for alimony, equitable distribution, counsel fees, expenses, or the like are waived and the parties accept the terms of this agreement as satisfaction of all of their L.. "'" '-, ,~ ,. ~-,' - 'f,' , 'if- , ~-,<, ~_ . _0 - ',- " -,1-, , ~- ,"-' ,,,-- . other claims. 5. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. ANDES: That is the agreement that the parties have reached. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: s~ Attorney for Plaintiff ~~ 2K\E-.OW<::......./..., ~~ R. Mi~Mills ~~~ . ......-- --- Mlchael Alleman (Witness) /-2.-8',01 ~:&- 7Jk/k nda L. Mllls -~. ,;".,>.,.""F~I'_;-._:_.,,_'''_, !~. ~,""_- <-",. .. ,,, ,<.'" 1'-, -', j,. ___.,~. _~,_~__". ~ , -~ f,~/ ,/ R. MICHAEL MILLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 3314 CIVIL LINDA L. MILLS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this :<'81'1 day of 2003, the parties, along with husband's cou' and daughter and son-in-law, having entered into an agreement and stipulation resolving the economic issues on January 28, 2003, the date set for a Master's hearing, the agreement and stipulation having been transcribed, and subsquently signed by the parties and witnessed by husband's counsel and wife's son-in-law, the appointment of the Master is vacated and counsel for husband can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, Ge cc: ~amuel L. Andes Attorney for Plaintiff ~inda L. Mills Defendant ) L~~~.J.. I" I RK5 DI-~q-03 1 '- ",'Y""','.",.."'~-'" -. 1'"., ~ ,"" - - . .'< "'.'- '-".'. . " fJ?/ Ii !~ ',-- ^ ,. ,~'-'-" ,",. "r. '~', , '; '. I:JIN'IIA-VBNN3d AL~n08 Ol\!\r;}~.\38~!~nO st :\' ~id 82 NVI' to AlNlONC :JC) ""'I:I~n'.(I:JI'''I' ;Iv ~~ '-' "- _J d.. .'cO -P," _,' o.~~ ...........liOr .~~ ~_ _" ^__ ",!~~_" ~~,:;IfIl;.l!l'rS;~!'I:r~J.1l-{ flQ~~~~'r"jli,'ti,'!i'''!<;;j\If,;c,l'I"''1''l1f.i1,j;'!,-'I'>l~,'''f$;;;i0',~!R~j'~~~\I'i'I'''''"I;m~~WI~~llil.'iIl~ . IN THE COURT OF COMMOM PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA R. MICHAEL MILLS CIVIL DIVISION Plaintiff V. NO.: 01-3314 Civil Term LINDA L. MILLS Defendant ANSWER TO RULE TO SHOW CAUSE AND NOW, comes the Defendant, Linda Mills, and answers the Rule to Show Cause filed in the above captioned matter as follows: 1. Denied. Ms. Lindsay was to Petition the Court to have R. Michael Mills, pay my legal fees. 2. Denied. Ms Lindsay was made aware her calls show up as unavailable on the Caller ID service through Verizon. I do not answer unavailable calls since most of the time they are telemarketing calls. Other arrangements were made to reach me. WHEREFORE, Defendant prays that this action be denied. ~.#~~>>ih& Cr1f:L. Mills 17 Hemlock Drive Mechanicsburg, PA 17055 717-766-3859 ~;;,,-"-Y;"'~~';".. _ _, "'_^'<, _"",I'l.~.,,,,~_,,_,,,_.'''O-._,",,"' ._ "'~ _"., _ ." - . ,. ". -"--~ '" VERIFICATION The undersigned, Defendant, deposed and says subject to the penalties of 18 Pa. C.S. A. Section 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Answer to Rule to Show Cause are true and correct to the best of my knowledge, information and belief. c/~cu~~ Linda L. Mills ;'o;<:,~"~< ";~,' ",,',,_"":_n.c-.__-,~_,," ~;,,.-,,__,; ",",...td,,,--,"- "._ ,o~,"'_~'_ -.,''"'!''''+_'''''''~' .".. ,,~ .'","", n., . ~. ~_ ,_~& . \ ~ CERTIFICATE OF SERVICE Linda 1. Mills, hereby certifies that on December 19,2002 I mailed a copy of the Answer to Rule to Show Cause to the Plaintiff by first class mail to the below listed address: Carol Lindsay, Esquire Saidis, Shuff, Flowers & Lindsay 26 W, High Street Carlisle, P A 17013 ~~~~ ~ 17 Hemlock Drive Mechanicsburg, PA 17055 717-766-3859 "c.' " '.'~.er-___\,,""'T"'''''''''_^~'~<P'__'''''''' ; '._.."... eo _,____,~_ '-r;"",___~ .., .,. _ ",._ .= _ , . __ . .::: ~1J tI~ " -, ~,", . """" " - ~~ " " ~- '. "-, ~". ~"" '-~" ",-~'>'"-'" "" ,~, ,~ ,~. . '. ~ - o 55l~ -...,. , ",~' ",) =~ O~ "~6 ---- ~ I r-::-, '; c"" C) . ;1 r-.,) ,- ,...., .?' ,-..- -';'1'3 -1"71 -'C"\ .....;;.. -'-~ j~~ ;jtJl ,-,. :..u -0<;; '-', ',) ~-O _~nIIlllf!l!!l"C_"",~_..._;jlnl~.\\~I~~''!1fi:.~W~W!iI'[<1!I~H'~;;~~~_:" '11~'Jl'~~,~ 'I R. MICHAEL MILLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. DJ- 33N ~!.LA- LINDA L. MILLS, Defendant IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter Affidavit within twenty (20) days after this Affidavit has been served on your or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 ldl OF THE DIVORCE CODE 1. The parties to this action separated i,)lj' early January 1996 continued to live separately and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, and have lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand , il that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating !' to unsworn falsification to authorities. Date:~ g 3, aLrJI ~ . MICH EL MILLS 'iiil_ . I , ~" .' ~ ~ ' 1 ~,- -" ,-- - -lL - ~-- -',. _,",.,;,,*,.,'~~ "-'_ ""',,-, ""'''''"''-' ~"""_"'_"""~_h '-~'_k "~"~~"-'] c"') t c) -or' .f~~mJ~1!:".lj~,";!WI~~~!'~ilWYffi,~~~~~ . SAlOIS SHUFF, FLOWER & LINDSAY ATIURNEYS.AT-LAW 26 W. High Street Carlisle. P A ~;"" "-'T, ,~.., '"-~,,,,' 0 ~_"__'"e., ' ".1' - " R. MICHAEL MILLS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01.3314 CIVIL TERM Plaintiff V5. LINDA L. MILLS, Defendant : IN DIVORCE ANSWER AND COUNTER-CLAIM TO THE COMPLAINT IN DIVORCE NOW COMES Linda L. Mills, by and through her counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and answers the Complaint in Divorce as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. COUNT I-IRRETRIEVABLE BREAKDOWN 8. No answer required. WHEREFORE, Defendant requests this Honorable Court to enter a Decree in Divorce divorcing Defendant from Plaintiff. COUNTER-CLAIM g. The averments in Paragraphs 1 through 8 herein are incorporated by reference. -- -_.,',,,-~,,"''''1'' ___ .',- ~, -. ,<, - " ." , SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS-ATtoLAW 26 w. High Street Carlisle, P A (~, COUNT 11- EQUITABLE DISTRIBUTION 10. In the course of their marriage, the parties have acquired certain personal property. WHEREFORE, Defendant prays this Honorable Court to equitably divide the parties property. COUNT 11I- ALIMONY. ALIMONY PENDENTE LITE 11. Defendant is without means to provide for her own reasonable needs. WHEREFORE, Defendant prays this Honorable Court to enter an award of alimony pendente lite prior to the entry of Decree in Divorce and an Order for alimony thereafter. COUNT IV - COUNSEL FEES AND COSTS 12. Defendant is without means to pay for counsel fees or to pay the costs necessary to prepare her case for trial. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay reasonable attorney's fees and costs. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By aro J. Lindsay:Esquire 4693 26 West High Street Carlisle, PA 17013 (717) 243-6222 -^~'f_"'\ ,~~ .,_"-'l"'_'_'C'P - .,~_~_,,~,~ ~H'"<'__ _r'C__ 1 --..," -- SAlOIS SHUFF, FLOWER & UNDSAY ATIORNEYS'AT'LAW 26 W. High Street Carlisle, PA ',", .^-- ,-,>",,-'-".-) ',:'''-" 'I VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~~~~s "ateld./( ~ iJ I ,-""'-- . ,," ,'." ..,-.. , d - ,~. , SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Str..t Carlisle, P A '~"" " 'i'n.'" . " R. MICHAEL MilLS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVil ACTION - LAW : NO. 01 - 3314 CIVIL TERM Plaintiff vs. LINDA L. MILLS, Defendant : IN DIVORCE 2001, CERTIFICATE OF SERVICE AND "OW, tho I r doy of .jAA1t ' I, Carol J. Lindsay, Esquire, of the law firm of SAID ,SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Answer and Counter- Claim to Complaint in Divorce this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Samuel L. Andes 525 North Twelfth Street P. O. Box 168 Lemoyne, PA 17043 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff arol J. Lindsa , I D# 44693 26 West High treet Carlisle, PA 17013 (717) 243-6222 - -' .' ~. ,'< .. ,-'~ ' '.,' .". -- SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS'AT'LAW 26 W. High Street Carlisle, P A " R. MICHAEL MILLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 3314 CIVIL TERM VS. LINDA L. MILLS, Defendant IN DIVORCE COUNTER AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1 . CHECK EITHER (A) OR (B): (a) (x) I do not oppose the entry of the divorce decree, (b) I oppose the entry of a divorce decree because: (CHECK (;),(;;) OR both), (i) The parties to this action have not lived separate and apart for a period of at least two years; and (ii) The marriage is not irretrievable broken, 2. CHECK EITHER (A) OR (B): (a) I do not wish to make any claims for economic relief, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted (b) (x) I wish to claim economic relief which may include alimony, division of property, iawyer's fees or expenses or other important rights. VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unswom falsification to authorities. ~6-:L4f~ Linda L1s Date: ~~O/ (/ I _,,,..."['"_.,,,,:,""; ", II <'t--,-.-,..""",. '_""__,,.-,,,_c _ _ n__" .._'r'". "< -~ r< ~ . '-r'- '" , , "~:~"~ SAlOIS SHUFF, FLOWER & LINDSAY ATIURNEYS-AT-LAW 26 W. High Street Carlisle, PA " R. MICHAEL MILLS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 - 3314 CIVIL TERM vs. LINDA L. MILLS, Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND now, this ~...)Ib day of ~,., ,2001, I, Carol J. Lindsay, Esquire, of the law firm of SAlOIS, SHuMLO~ER & LINDSAY, Attorneys, hereby certify that I served the within COUNTER-AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Samuel L. Andes 525 North Twelfth Street P. O. Box 168 Lemoyne, PA 17043 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff ~/ .."-- Carol J. Lindsay, E 10# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 t;,-,~~,_~_~""__ ,7 ,_,_,~^,~,.~ .1, -:"I,":"-:",~r-,_~ c._ ,n -f'__' "H _, .", _ , _ , -"~ II --~I~ ' .~ R. MICHAEL MILLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3314 CIVIL TERM LINDA L. MILLS, Defendant IN DIVORCE PLAINTIFF'S OBJECTIONS TO DEFENDANT'S SUPPLEMENTAL INTERROGATORIES AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and objects to the supplemental Interrogatories propounded by Defendant on the basis that they violate the local rules of this court in that they, combined with Interrogatories previously propounded, exceed the limit for such discovery contained in the rules. ~ \ADQ~ ~-- Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 II ,~, Jo- '",',,> ~ 'i, i - CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Plaintiff's Objections to Defendant's Supplemental Interrogatories upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Carol J. Lindsay, Esquire 26 West High Street Carlisle, Pa 17013 Date: 8 January 2002 ~QQ, Attorney for Plaintiff -,<;;.;<', ..... " .~~, .,. .~ ,c_ ,_^' ~~-~. ~ . "~ "' ~ (') c: -0 ff~ cpry, ~~: s:::c -pc~ ~(j ,.;-..,- ~ -< "'11,,_ _,i~$.~~J~~if.Jl'~~~~~,~_. -,-- ~".- ~- -111 '"- Ij'-' a 'v C) ~'n (.~- ~~ ..-- ~:: """"'11' , 'ft.,..' ----is:) ..-- ',J :=s ~{'n :q -" I <D -2 ::-r: N "'- 1'0 l!f.I!~~,___!;'!'""'-~_ ~ Commonwealth of Pennsylvania County of Cumberland, ss: R. MICHAEL MILLS, Plaintiff In the Court of Common Pleas of Cumberland County, Pennsylvania vs. No. 01-3314 CIVIL TERM LINDA L. MILLS, Defendant Motion for Appointment of Master R. MICHAEL MILLS, Plaintiff moves the court to appoint a Master with respect to the following claims: ( ) Divorce ( ) Annulment (X ) Alimony (X ) Alimony Pendente Lite (X ) Distribution of Property ( ) Support (X ) Counsel Fees (X ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the c1aim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action personally by her attorney, Carol J. Lindsay, Esquire. 3. The statutory grounds for divorce are: two year separation pursuant to Section 3301 (d) of the Divorce Code. 4. Check the applicable paragraph(s). ( ) The action is not contested. ( ) An agreement has been reached with respect to the following claims: (X ) The action is contested with respect to the following claims: Alimony, Equitable distribution, Counsel fees, Costs and expenses 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 days. 7. Additional information, if any, relevant to the motion: ~A _ ()j)~ Sa I L. And~1ili Attorney for Plaintiff AND NOW, (Jr.~ B 2001, [! /Jiw- DA./k ,Esquire, is appointed Master with respect to the following cl~m~_alimOny, alimony pendente lite, distribution of property, counsel fees, costs and expenses. ~ r,O~ ~~ BYTH~C ' , l,.,O.q.O\ ' ~, ( pJ. 5 October 2001 '-",. ~, 'c '" -1 "-, ~~ """""'"'" -~. <' 1i1 i>,'""" ,~.w " I ,. f i ,~ .~___ ,,~~~r!UJ1~ "' '-\ JliffiIJ.._...... _."'" , - -~~"' ." ~,,_ o. ,,> ~N.-_' _ ,,,.,. ->-,,"" '.-",,""__"'"'io."~"_~ (') ," ~ "T.l f~:" ~=D Et ~;;; i ;-; ((i _~~_: ~' !~\---~ '0 ,." ""1'''':''1''''',.: ~!jt\'\;?/\IJ\;:;:-'l '-::...:,u 'L"ln';'!"; . ',r , /'<_ I'; ,'~'" , OF. :111 H\i t~~. ,', ".,; . "'~ \ " ) ", n~...'_". ", "llll"~J11lt~' c_=:' C:3 "__0) c ~:J"j HrJM1m ~~_l,_"'f$I~,*VW'J2' -''',;rm~_,-,'''h1;<l~'_~__-- "-"iF"~/,,,,;rJ~'.v~'-!l';;'B'f!~>1''ijF~#'=~~<r"~l\'lfi_","'';,!WWi'~-'~~~~ ^ :.[' I J , R. MICHAEL MILLS, Plaintiff ~/17'O~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3314 CIVIL LINDA L. MILLS, Defendant IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT Plaintiff, by his attorney, Samuel L. Andes, files this Pre-Trial Statement in accordance with Pa. R.C.P. 1920-33 (b): 1. ASSETS. Attached hereto and marked as Exhibit A is a list of the marital assets of the parties as known to Plaintiff and attached as Exhibit B is a list of the non- marital assets of the parties as known to Plaintiff. 2. EXPERT WITNESSES. Plaintiff expects that the parties will be able to agree upon the value of his retirement benefits and the items of personal property which they owned at the time of separation. He also hopes that the parties will be able to agree upon an earning capacity to be assigned to the Defendant. If they are not, however, he reserves the right to call an expert to appraise his pension or retirement benefits, an expert to value any items of personal property that must be valued, and both a physician and vocational expert to testify about the Defendant's earning capacity. 3. FACT WITNESSES. At the present time the Plaintiff anticipates calling only himself as a fact witness. 4. EXHIBITS. At this point, Plaintiff anticipates offering the following exhibits into evidence at the hearing: A. A report from William M. Mercer, Inc., regarding the value of his pension benefits, together with copies of documents relating to the pension and retirement benefits. II . " , ; B. A letter or other statement from Plaintiff's brother, Fred Mills, who serves as the trustee of a trust created by Plaintiff's deceased father. Plaintiff is a beneficiary of the trust and the proceeds he expects to receive from the trust are identified in Exhibit B. C. Copies of tax returns, W-2 Statements, paycheck stubs and the like to establish the incomes of the parties. D. An Income and Expense Statement which lists both his income and expenses. Plaintiff reserves the right to offer such additional exhibits as may be necessary to respond to any information submitted by Defendant in her case in chief. 5. INCOME STATEMENT. Attached hereto and marked as Exhibit C is a copy of the Income & Expense Statement filed by Plaintiff in September of 2001 at the time the current Alimony Pendente Lite order was entered. If necessary, Plaintiff will provide an updated Income and Expense Statement at the time of the hearing. 6. EXPENSE STATEMENT. Attached hereto and marked as Exhibit C is a copy of the Income & Expense statement filed by Plaintiff in September of 2001 at the time the current Alimony Pendente Lite order was entered. If necessary, Plaintiff will provide an updated Income and Expense Statement at the time of the hearing. 7. PENSION INFORMATION. Plaintiff has been employed, during the marriage, by the Patriot-News Company and has earned certain retirement benefits as a result of that employment. Copies of the documents relating to those, including a letter valuing those pension benefits as of the date of separation, is attached hereto and marked as Exhibit D. 8. COUNSEL FEES. If Defendant makes a claim for an award of counsel fees, Plaintiff will submit information about the counsel fees and expenses he has incurred in the litigation of this matter. Otherwise, he does not intend to make a claim for counsel fees. II :1 ; 9. PERSONAL PROPERTY. Plaintiff believes that the parties previously divided and distributed their personal property at the time of their separation and shortly thereafter. He does not believe the Master, or the court, will have to become involved in the distribution of those assets or in the assignment of any value to them. 10. MARITAL DEBTS. Any marital debts that existed at the time of separation, in January of 1996, have been paid since that time. The only significant obligation is a debt owed to Citibank for the parties' daughter's college loans and most of that was incurred after the date of final separation. 11. PROPOSED RESOLUTION OF ECONOMIC ISSUES. Plaintiff proposes that his retirement benefits be divided or distributed at the time of his retirement and that Defendant receive one half of the benefits earned during the marriage, which were $536.36 per month at the date of separation. There are no other marital assets which can be used to offset the pension benefits. ~.~4 Sa I L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I, ,"~- ~<!C:'~"" ,""',,",___,,_"_'>~_'f_~ '<-,-_ ",,"',_, ,~,__,_ ~,_,_, , _=<"___._~,<_ _, _ -.- Exhibit A ~~~'" <"~," "'''1,-- -,'" ,,' ror",. , " ~~~, ~~ ,- '" " EXHIBIT A - MARITAL PROPERTY ASSET VALUE DATE OF MARITAL LIENS AMOUNT VALUATION PORTION OF LIEN Husband's account $19,069.33 (accrued January 1996 100% of benefit None None known within the Patriot-News benefit of $536.30 per earned up to Company Advanced month, commencing on January 1996 Pension Plan earned 1 February 2008) during the marriage Savings account at PNC $100.00 (est'd) January 1 996 100% None None known Bank 1 991 Chevrolet Blazer $2,000.00 January 1996 100% None None known automobile Assorted items of Unknown January 1996 100% None None known household furniture and personal property \'.:;'~~_,__L_, _.~-'l'-_ ' . ~~-~ - c', ; ':l1,~~"". " c, ~, ~_ , Exhibit B ." - ,-~ " ." "~ ~, -. " EXHIBIT B - NON-MARITAL PROPERTY ASSET VALUE DATE OF REASON FOR EXCLUSION LIENS AMOUNT VALUATION OF LIEN Husband's share of $250,603,00 January 2002 1) Inheritance kept separate by None None known trust left by his late (est'd)' Husband from date of receipt father (husband is a 2) Received by husband 50% beneficiary of several years after the parties' the trust) final separation Husband's pension Not known N/A Earned by husband after final None None known benefits earned separation after the separation in January of 1996 I The final expenses for the administration and distribution of the trust are not yet known and will reduce this balance further. I::,;., lc <~"<" . "~ ~ "~"~_""'W""""_q_,. ~ """_"""'~M , r " ~_. ~... Exhibit C ". ~ . ,~ ~~--" :In the Court of Common Pleas of CUMBERLAND County, Peunsylvania Phone: (717) 240-6225 DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA.17013 AUGUST 2, 2001 Plaintiff Name: LINDA L. MILLS Defendant Name: R M. MILLS Docket Number: 01-3314 CIVIL PACSES Case Number: 742103673/Joft,..i Other State ID Number: / Fax: (717) 240-6248 ; Please note: All cOITf5pondence must include the PACSES Case Number. Income and Exnense 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 mnst also fill out the Snpplemental Income Statement which appears on page two of this income and expense statement.) INCOME STATEMENT OF - J? /71 , c h r..)tA... , mtLL.'; Section I: Income and Insurance INCOME: Employer 'tJ~~'t72t"rr-IlIea.-'S Address ~ 1"'- t?1"'hUie-.r 5+ 1"-Atz.~,~.rf&-.V~/7/P~ Type of Work '-b14'""f.A'~'/;4.J 6,::>.-<'lhr:f5I'S Payroll No, Ci _-.; Gross Pay per Pay Period $ /0 9 B Pay Period (wkly.. bi-wkly., etc.) 0/'-(... f' Itemized Payroll Deductions: Federal Withholding $':<1<;' I.;;; Social Security $ JS,o'6 Local Wage Tax $111%' State'Income Tax: $ -;3" ,d Retirement $ - Savin"s Bonds $ Credit Union $ Life Insurance $ - Health Insurance $ Other Deductions (specify) A',.,' - $ tS'.c~ " ,. L-~' $ '~S-,- r.JJ~.e.-(. $ -;1- $ Net Pay per Pay Fe' d $ 7::L 'I ~':S no , iR h.. 1 /1lH Ii I", ",I u PROPERTY Ownership * OWNED DESCRIPTION VALUE H W J Checking Accounts 'TIvf!- $ .5~O .- ~ Savings Accounts 17N<:--" -r7~. ,;'?: I( Credit Union ------- Stocks/Bonds ------ Real Estate --- Other u.~ (' (., ",,_ /Mlrn. '1'?/u"3,55- k TOTAL 1$ OTHER (Fill in Awropriate Column) INCOME WEEK MONTH YEAR Interest $ $ $ Dividends Pension Annuity Social Securitv Rents Royalties Expense Account Gifts Uuemnlovmeut Workmen's Cnmnensat.ion Other Other TOTAL $ $..-c' $ TOTAL INCOME $ / X ~/ * H=Husband; W=Wife; J=Joint Service Type M Form IN-OOS Worker ID 21205 C-.. _.)i/i; ~ ,. _~_ _. ~"'-r - " Income and Expense Statement PACSES Case Number 742103673 Coverage * INSURANCE H W C COMPANY POLICY # Hospital ('I. " Jill L.-::2 J~ "- i( Blue cror'~ Other Ii ,"I- rt'I , I Medic.l \..'(7 d 6- Blue Shiel~/;r , CXher ' Hea1thl Accident Disability Income Dental /l1e'+- LIcCe. ^ It " Other . * H=Husband; W=WiJe; C=Child Section II: SUDulemental Income Statement a, This torm is to be fIlled 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 joint venture. or o (3) who is a -shareholder in and is salaried by a closed corporation or similar entity. Attach to this statement a copy of the fotlowing documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most ,recent Federal Income Tax Retucn, and (2) the most recent Protit and Loss Statement ~tJ ./'" b, c, Name of business: Address and telephone number: d. Nature of business (check one) o (I) partnership o (2) joint venture o (3) profession o (4) closed corporation o (5) other e. Name of accountant, controller or other person in charge of tinancial records; f. Annual income from business: (1) How often L.. iru::Otlte received? (2) Gross income per pay period: (3) Net itlCtlme per pay period: (4) Specifted deductions, if any: Page2of3 Form IN-OOS Worker ID 21205 Service Type M "-'~-"-"~~,~~, , ,~-, ","'" ,- ~-._~ '. IllCome and Expense Statement Section ill: EXDenses PACSES Case Nnmber 742103673 Instructions: Only show extraordinary expense."i in this section unless you filled out Section n on page two. The categories ill 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 Mortgage/Rent $ $ O'b'i'- $ Maintenance Utilities Electric $ $'1(.,d)- $ Gas - Oil - Telephone ar;;".-' Water - Sewer - ! EIDulovment , Public Transport. $ $ ~ $ Lunch ii< 5'- Taxes Real estate $ $ $ Personal Property Insurance Homeowner's $ $~, $ /<l!/)-7 Automobile - q?,: 'QfI {I Lite - Accident - Health , Other , - Automobile Payments Le,.." $ $ '":? tI,O;;l.., $ Fuel IIHII."- Repain <(;L.. Medical Dactor $ $fIl ~ $ . Denti.~ ;')0 Orthodontist - ,HClSpilal ,.- " Medicine m- i~peoaJ neeos l(glasses, braces, --- 10 . evicHl EXPENSES (Fill in Appropriate Column) (continued) WEEK MONTH YEAR Education Private School $ $ .,-- $ Parochial School ----- , -" College '7?oj -<W'" ../> r-' Religious "" v , Personal , Clothing $ $ $~ - Food -::LO'O BarberI '"2.0'- U"irAresser Credit Payments Credit Card too -- Charge Memberships -:2>- Loans Credit Union $ $ $ Miscellaneous Household Help $ $ ~ $ Cbildcare Paperslbooks / Maaazines Entertainment q5- Pay TV Vacation /t"OrJ .-- Gifts Legal tees Charitable i5i5 COnt'lhut;"", Other <;biId ,.~ ,r)'" - Alimony ~-~". Pavments . Other n , 'iiD - $ $ $ '- I Total I WEEK MONTH ,Expenses: ,,$ $ $ J verify that the statement'! made in this Income and Expense Statement are, true and correct. I understand that false statements herein are sul:!ject to the criminal penalties of 18 Pa. C.S. ~ 4904, reIayng to unsworn falsification to a~thoritieR. '1') /'1(/_ ' -c"--'~'-'--'-/~~' /' ~'c'" - ,/ '" 9,/ --<,' , '~?, .~..,....:\.-_.--'" _ ~ ~ !/", "<'"f~ \. Date Plamtiff orDelenCla1l1 "Z...-J Service Type !vi ,,'Ji.ifil>l!iiiOlilll ~ 0 . ~, ~~. YEAR Page3of3 Form IN-008 Worker In 21205 .. ~~~ Exhibit D -Wi'!!"~"",o,_~ - ~ " .. ',~-';Il1liJ~"",,,",,'3U, WilLIAM I\A MERCER May 8, 2001 CONFIDENTIAL Mr. Michael J. Morrow The Patriot-News Co. 812 Market Street Harrisburg, Pennsylvania 17105 Dear Mike: As requested, we have determined the present value of the benefit Mr, R. Michael Mills accrued under The Patriot-News Co, provisions of the Advance Pension Plan from August 10, 1984 (Date of Participation) through January 1, 1996 and from August 10, 1984 through May 1, 2001. Our determination was based on the following information: Name: Social Security Number: Date of Birth: Monthly Accrued Benefit as of January 1, 1996, payable at age 65: Commencement Date: R, Michael Mills 314-44-3166 January 31, 1943 $536.30 February 1,2008 $19,069.33 Present Value as of January 1, 1996: Monthly Accrued Benefit as of May 1,2001, payable at age 65: Commencement Date: $1,063.04 February 1, 2008 $59,186.24 Present Value as of May 1, 2001: The amounts shown above are the benefits accrued by Mr, Mills during the indicated time period. Each present value was determined using the plan's definition of actuarial equivalence (based on the 1971 Group Annuity Mortality Table weighted 70% male and 30% female and an interest rate of 8%). William M. Mercer. Incorpor3red 3700 Georgia.Pacific Center 133 Peachtree Street, NE Atlanta, GA 30303 Phone 404 52: 2200 j) A Marsh & i\l1r.1 Rnn"n (:,ln1n"IW "I ,"~ ~~ ~" '-"1"" -'~r- ' < "^~M~, r _ _._.=~ WILLlAM,M. MERCER Mr. Michael ], Morrow May 8, 2001 Page Two These calculations were based on the information provided by The Patriot-News Co, and the plan document in effect as of each calculation date. Before using these calculations, please verify the data used is accurate and that there are no other company policies, procedures, or interpretations which would affect these calculations. Please call if there are any questions, Sincerely, ~~" " Lisa B, Warner Copy: Bill Brissette g;ldblnhg\14\wplmillsrm.doc " --~ - '. THE PATRIOT-NEWS CO. PENSION STATEMENT ,,'THE::R.E:i?P~:l'is;PREl'4RE,D "~~];~PITCAt:ti-'FOk::::;:' : ,,' . . ,. .. ^.. .',', ,'/"., .." " '.c;!v{i'1;;;,:.~,:~~il:~;~;~~I~~~~~W~~~~~~i' Mills, R. Michael Birth Date: Hire Date: Participation Date: Annual Earnings: 01/31/1943 02/1 0/1983 08/10/1984 $55,276 Social Security No. 314-44-3166 Circulation 'iY6(JRPERSOl'{~,STATF;M:ENi~OF.RETIREl\1ENllJ}ENEF.rrs \fj!;,tfK;q+j;;,t~}tCb,.j':b'; '.:'\, "'!'.:' " In order to prepare this statement, we assumed that: (1) you will continue to work with The Patriot-News Co. until you retire; (2) you will retire at your normal retirement date; and, (3) your pay will not change (an assumption which was necessary for actuarial purposes, but which, as you know, is not what we anticipate with respect to your pay). By using these assumptions, you can get a good idea of how much retirement income to expect in terms onoday's dollars. The actual benefits you receive at retirement will vary, of course, depending on any future pay increases and your retirement date. Based on the assumptions described above, if you decide to retire on your normal retirement date of January 31, 2008, your estimated monthly Retirement Plan benefit would be: $ 1,555 Social Security could provide an additional monthly benefit. Under current law, the amount of this benefit is estimated to be: $ 1,366 Your total estimated monthly retirement income would be: $ 2,921 l~r;xoriIi'Cp:@ENt.ST~*U~.>i;;:.i:~i,Jri;!;i':',,;,'" "'."::'.:.!::..' ':'~i':<.' :." ",'".. "I >:,~~/, \;;~'tt, -:'-. '" "',",'.' " ,.: i ,-~..":,;p ., .,,'~, " 'V>::":'''.::"r, ....'.,;;,: "! ":',:;..~'i~::~i::.:; ~':.,..:: ::::;i:i;:., "i,.:i,::,'\.,+~:;::~:;:',:~)~~:fir~:~< .. '-'.''"',-''.''',,''''-'''.,- . .,'".,.,," ,::.,'., The Patriot-News Co. credits you with a portion of your benefit for each year that you work. This is called your accrued benefit. Once you complete 5 years of service, you become vested and have a permanent right to the benefits you've earned. Then, if you leave the Company before retirement, your vested accrued benefit will be paid to you, starting at your normal retirement date. As of January 1,2000, your monthly accrued benefit was approximately $954. You are vested in this benefit. Please see the back of this statement for other important information. ~~- "'u~ ..~> YOUR PATRIOT-NEWS CO. PENSION 1/99 --,..-"= " , .. PLANNING FOR RETIREMENT Our retirement years can be among the most enjoyable ones for us. The number of alternatives open to us in the future has never been greater -- but it is important to plan ahead. Successful retirement means being happy in what we do after we stop working and having enough money to live on, and both require planning. As you look ahead to your retirement, you can look to the following sources for the money that you will need. Your Company Pension The Company Pension Plan provides a monthly income payable upon your retirement from active work with the Company. The Company pays the full cost by contributing to the Plan's trust fund. You make no contribution to the Plan. The Plan is known as a "defmed benefit plan" which means that your benefits are calculated using a specific formula. Your Company 401(k) Plan The Company 401(k) Plan allows you to save for your retirement by setting aside each year on a before-tax basis a portion of your current salary. Your contributions, Company contributions and any earnings grow in the 401(k) Plan on a tax-deferred basis until they are withdrawn by you. Your Social Security Benefits You and the Company both contribute the same amount for your Social Security benefits. Eligibility for full benefits depends on your date of birth, but benefits can be payable as early as age 62 in a reduced amount. Also, if you retire at age 65 and your spouse is at least age 62, your spouse may receive an additional benefit. If you would like to know when full benefits will be available, contact Social Security or the Human Resources Department. Your Own Personal Savinjl;s Another step towards "fmancial security" is to save regularly for your retirement years. We encourage you to include regular savings as part of your retirement planning. WHEN YOU BECOME A PARTICIPANT If you were a Participant in the Plan as of December 31, 1998, then you will continue as a Participant as of January I, 1999, if you are employed with the Company on that date. 1 ';+~~~,.",. ~~ ., '". . ~~, -. =-~.,,,~-~~- ~~p Otherwise, you become a Participant in the Plan on either the January 1st after you reach age 18 and complete one "Year of Service" or six months after you become 18 and complete one Year of Service -- whichever is earlier. A Year of Service is earned once you have worked for the Company for twelve consecutive months during which you earned at least 1,000 Service Hours. The twelve consecutive month period may be the twelve months that began when you were hired or any Plan Year (January 1 - December 31) after you were hired. Service Hours include all hours you worked plus, up to 501, hours for which you are paid and would have worked during periods of authorized absence, such as vacations, holidays, sick leave, and jury duty. Service Hours include hours you would have worked during periods of military leave if you return to work from such leave within the time required by law. VESTING After you are a Participant in the Plan, you will be entitled to receive a pension when you become Vested. In order to be Vested, you must have 5 years of Vesting Service with the Company. Vested means that you are entitled to a pension benefit at your Normal Retirement Date, whether or not you are employed by the Company at that time. Any Plan Year you work after age 18 during which you earn at least 1,000 Service Hours counts as a year of Vesting Service. You also become automatically Vested on your sixty-fifth birthday, even with less than 5 years of Vesting Service, if you are employed at that time. YOUR NORMAL RETIREMENT DATE Your Normal Retirement Date is the date you become 65, and have completed 5 Years of Service. Pension payments begin on the first day of the month coinciding with or immediately following your retirement. RETIREMENT INCOME YOU WILL RECEIVE The amount of your normal retirement pension is based on a formula. The formula is based on your Years of Credit, your Average Monthly Compensation, your Supplemental Benefit and is subject to your Minimum Benefit Amount. These terms are explained below. 1. Your Years of Credit You earn one Year of Credit (called Service Credits in the official Plan document) for each Plan Year completed as a Participant from your date of participation to your retirement date in which you earn at least 1,820 Service Hours. For Supplemental Benefit purposes, Years of Credit begin to count as of January 1, 1993. If you earn 2 ,:m,..,. ,., ~",-,~1~ ~ '1' . ,~ , ~ 0, - fewer than 1,820 hours but more than 1,000 hours in any Plan Year after you become a Participant, you will earn a partial Year of Credit. You also will receive a fractional Year of Credit for the Plan Year in which (1) your participation begins (or in which you rejoin the Plan after a Break Year), or (2) you terminate employment with the Company, or (3) retire. 2. Your Average MontWy Compensation Your Average Monthly Compensation is 1/12 of the sum of your wages, including sales commissions, bonuses and auto fringe benefits, but excluding overtime, other forms of taxable fringe benefits and other remuneration, earned from the later of the date you become a Plan Participant or January I, 1993, to your retirement date, divided by your Years of Credit earned during that period. An)' calendar year in which you work 12 months but complete less than 1,000 Service Hours is excluded in determining your Average Monthly Compensation. 3. Your Supplemental Benefit Your Supplemental Benefit is the larger of (a) $3.00 multiplied by your Years of Credit earned from January I, 1993, to your retirement date, or (b) one-tenth of one percent of your Average Monthly Compensation multiplied by your Years of Credit earned from January I, 1993, to your retirement date. 4. Your Minimum Benefit Amount If you have at least 20 Years of Credit at retirement, you will be guaranteed a minimum benefit of the greater of (a) $100 a month, or (b) 33-1/3 % of your Average Monthly Compensation, reduced by $45.00. This Minimum Benefit Amount does not apply to you if you are a highly-paid employee, as defined under IRS rules. Ask your Plan Administrator Representative for further information. Pension Formula The Plan's pension formula is made up of 3 steps: Step 1: (a) Multiply the first $550 of your Average Monthly Compensation by 1 % (.01). (b) Subtract $550 from your Average Monthly Compensation and multiply the balance by 1-1/2% (.0150). (c) Add the results in (a) and (b) and multiply by your Years of Credit. Step 2: (a) Multiply $3.00 times your Years of Credit earned from January I, 1993, to your retirement date. 3 ""'!'\T",",,,"'r<fl4'1<m;lll,~:!' ,", -, 1: ___ (b) Multiply 1/10 of 1 % (.001) of your Average Monthly Compensation times your Years of Credit earned from January I, 1993, to your retirement date. (c) The larger of either (a) or (b) is your Supplemental Benefit. Step 3: Add the results from Steps l(c) and 2(c). If you have less than 20 Years of Credit, this will be your monthly Nonnal Retirement Pension. If you have at least 20 Years of Credit, your monthly Normal Retirement Pension is the larger of either: (a) The sum of Steps l(c) and 2(c); or (b) $100; or (c) 1/3 of your Average Monthly Compensation, minus $45. If you leave the Company before your Normal Retirement Date, this calculation is adjusted to use your Average Monthly Compensation projected to age 65, generally, based on your average Compensation for the 10 years (on and after January I, 1993) preceding your termination, and the results are multiplied by a fraction equal to your Years of Credit at termination divided by the Years of Credit you would have earned at age 65. EXAMPLES The following examples illustrate how your monthly Normal Retirement Benefit is calculated. In these examples, we are assuming that the Participant is retiring at age 65 on January I, 1999. (1) Frank Jones Frank Jones retires on January I, 1999, at age 65 with 38 Years of Credit. Frank's date of participation in the Plan is January 1, 1961. 4 i~~~.U '. " _' l'1!I)tIl ,_ r _ _ " ," ,_, ~'" 1" ~, Compensation for years prior to 1993 is not considered under the formula, So, Frank's Average Monthly Compensation is $3,797, calculated as follows: Compensation 1998 1997 1996 1995 1994 1993 $49,000 47,573 46,187 44,842 43,536 42,268 $237,406 + 6 + 12 = $3,797 Frank's monthly Normal Retirement Benefit is $2,082.76 and is calculated as follows: Step 1: (a) Multiply the first $550 of Frank's Average Monthly Compensation ($3,797) by 1 % (.01). $550 x .01 = $5.50 (b) Subtract $550 from Frank's Average Monthly Compensation ($3,797) and multiply the balance by 1-1/2% (.0150). $3,797 - 550 = $3,247 $3,247 x .0150 = $48.71 (c) Add the results in (a) and (b) and multiply by Frank's Years of Credit (38). $5.50 + 48.71 = $54.21 $54.21 x 38 = $2,059.98 Step 2: (a) Multiply $3.00 times Frank's Years of Credit beginning on January 1, 1993, and ending on his retirement date (6). $3.00 x6 = $18.00 (b) Multiply 1/10 of 1 % (.001) of Frank's Average Monthly Compensation ($3,797) and multiply the result by Frank's'Years of Credit from January I, 1993, to his retirement date (6). ' $3,797 x .001 = 3.797 3.797 x 6 = $22.78 (c) $22.78 is Frank's Supplemental Benefit because it is the larger of (a) or (b). 5 'H}. . <-, Step 3: Add the results from Step l(c) ($2,059.98) and Step 2(c) ($22.78) to determine Frank's monthly Normal Retirement Benefit amount. $2,059.98 + 22.78 = $2,082.76 $2,082.76 is Frank's Monthly Normal Retirement Benefit since it is greater than his Minimum Benefit Amount (the greater of $100 a month or 33-113 % of his Average Monthly Compensation, less $45 (.3333 x $3,797 = $1,265.54 - 45 = $1,220.54). (2) Patricia Green Patricia Green retires on January 1, 1999, at age 65 with 17 Years of Credit. Patricia's date of participation in the Plan is January 1, 1982. Compensation for years prior to 1993 is not considered, so Patricia's Average Monthly Compensation is $2,795, calculated as follows: Compensation 1998 1997 1996 1995 1994 1993 $36,071 35,020 34,000 33,010 32,049 31,116 $201,266 -;. 6 -;. 12 = $2,795 Patricia's monthly Normal Retirement Benefit is $684.06 and is calculated as follows: Step 1: (a) Multiply the first $550 of Patricia's Average Monthly Compensation ($2,795) by 1 % (.01). $550 x .01 = $5.50 (b) Subtract $550 from Patricia's Average Monthly Compensation ($2,795) and multiply the balance by 1-112% (.0150). $2,795 - 550 = $2,245 $2,245 x .0150 = $33.68 6 :''''''-''''''''''''-'';>''~~,,,, . ~ ~.., r . '. (c) Add the results in (a) and (b) and multiply by Patricia's Years of Credit. $5.50 + 33.68 = $39.18 $39.18 x 17 = $666.06 Step 2: (a) Multiply $3.00 times Patricia's Years of Credit beginning on January 1, 1993, and ending on her retirement date (6). $3.00 x 6 = $18.00 (b) Multiply 1/10 of 1 % (.001) of Patricia's Average Monthly Compensation ($2,795) and multiply the result by Patricia's Years of Credit from January 1, 1993, to her retirement date (6). $2,795 x .001 = 2.795 2.795 x 6 = $16.77 (c) $18.00 is Patricia's Supplemental Benefit because it is the larger of (a) or (b). Step 3: Add the results in Step l(c) ($666.06) and Step 2(c) ($18.00) to determine Patricia's monthly Normal Retirement Benefit amount. $666.06 + 18.00 = $684.06 The Minimum Benefit Amount calculation does not apply to Patricia since she has less than 20 Years of Credit at the time of her retirement. BREAK IN SERVICE You will not earn Years of Credit or Vesting Service in any Plan Year in which you earn less than 501 Service Hours. These years are called Break Years. However, merely because you have a Break Year does not mean that you will lose prior service. You will ouly lose prior Years of Credit and Vesting Service if you are not Vested, and the number of consecutive Break Years equals or exceeds five or the number of your pre- break Years of Service, whichever is larger. EARLY RETIREMENT You can also retire at any time from age 62 to 65 and still get a monthly benefit for life, provided you have at least 5 Years of Service. 7 '""!~Oi1lf"~~ 1,Wl! .' ,- , , , The Early Retirement Pension You Will Receive Your Early Retirement Pension is calculated in the same way as your Normal Retirement Pension, but the amount is then reduced by 4% (.04) for each year that your Early Retirement Date precedes your Normal Retirement Date. Your Early Retirement Pension is smaller than your Normal Retirement Pension at age 65 because: . benefits are earned for fewer years -- to the date of Early Retirement instead of age 65; and . pension payments are made to you over a longer period of time -- the additional years of payment from your Early Retirement Date to your Normal Retirement Date. LATE RETIREMENT If you continue working beyond your Normal Retirement Date, your benefit generally is not payable until you actually do retire. However, if you reach age 70V2 in 1997 or any subsequent year, you have the option of either electing to begin receiving your benefit payments on April 1 of the year after the year in which you reach age 701/2 or electing to defer your benefit payments until you actually retire. Similar election options are also available if you reached age 70V2 before 1988. If you reached age 70V2 after 1987 but before 1997, your benefit payments will begin no later than April 1 of the year after the year in which you reached age 70V2, even if you are still employed by the Company at that time. The Late Retirement Pension You Will Receive Your Late Retirement Pension will be calculated in the same way as your Normal Retirement Pension based on your Years of Credit, your Average Monthly Compensation and your Supplemental Benefit at the date you actually do retire. Your monthly pension amount for a particular Plan Year will be based on the same factors mentioned above and calculated on the first day of the month immediately prior to the first monthly pension payment for that Plan Year. However, any benefits you receive while actively employed after reaching age 70V2 will be applied as an offset against any additional benefit accruals you earn with respect to your continued employment after reaching age 70V2. If you elect to defer your payments until you actually retire, then you will receive the greater of the benefit you actually earned while you worked or an increased benefit figured under a special actuarial formula. IF YOU LEAVE BEFORE RETIREMENT If you leave employment before retirement, and if you are Vested, you will be eligible for a Deferred Vested Pension at age 65. However, you may elect to start receiving your pension 8 j,'~'''''''''''''''IVI" ~ _ r \ 1""~' "1 ".~-, > ~ - payments on the first day of any month after your 62nd birthday, provided you had completed at least 5 Years of Service prior to your termination of employment. If you make this election, the amount of your pension will be reduced as described in the Early Retirement section above. The Deferred Vested Pension You Will Receive Your Deferred Vested Pension is calculated based upon your Years of Credit, your Average Monthly Compensation and your Supplemental Benefit at the time you terminate employment. In other words, your Deferred Vested Pension generally is your accrued benefit earned as of the date you leave the Company. RETURNING TO WORK AFTER RETIREMENT If you are reemployed by the Company following retirement, your pension payments will be suspended during each month you complete 40 or more Service Hours. When you stop working more than 40 hours per month, your pension will recommence on the first day of the following month. However, if you were over age 701/2 after 1987 but before 1997 and you are working 40 or more hours per month for the Company after April 1 of the year after the year in which you reached age 70'12, your pension payments will not be suspended. If you reach age 701/2 in 1997 or any subsequent year and you are working 40 or more hours per month for the Company after April 1 of the year after the year in which you reach age 701/2, you can elect either to suspend your pension payments until you stop working 40 or more hours per month or to continue to receive your pension payment while you are still working. PRE-RETIREMENT SPOUSE BENEFIT If you (1) die after age 65, or (2) have at least 5 years of Vesting Service and die between the ages of 62 and 65, or (3) have at least 10 years of Vesting Service and die after age,55, the Plan will automatically provide your spouse (if you have been married for at least one year) with a 50% Surviving Spouse Pension, which is explained below. Payments will be reduced, as described in the Early Retirement section above, and will begin on the first of the month following the date of your death. If you have at least 5 years of Vesting Service and die before reaching age 62, your spouse (if you have been married for at least one year) will receive a 50% Surviving Spouse Pension. Payments will be reduced, as described in the Early Retirement section above, and will begin on the first of the month following the date you would have reached age 62. 9 ;,;~~ '-~.' '.~-.,., . ' HOW YOUR PENSION IS PAID If You Are Single The normal form of retirement income under the Plan is a monthly payment during your lifetime which stops when you die. This is known as a Straight-Life Annuity. The examples in this booklet are based on the Straight-Life Annuity form of payment. If You Are Married If you retire on a normal, early or late retirement pension and have a spouse (if you have been married for at least one year) living at the time your pension begins, your pension will automatically be paid in the form of a 50% Surviving Spouse Pension. Under this form of payment, the Straight-Life Annuity is reduced to enable a pension to be paid to your spouse after your death. The amount of the reduction is based upon the age of your spouse on the date you begin to receive a pension. The reduced payment is made to you for your lifetime and, if your spouse survives you, he or she receives 50 % of your reduced pension for his or her lifetime. However, if you are married and do not want this form of payment, you can elect to receive your pension as a Straight-Life Annuity by completing a written election signed by you and your spouse and witnessed by a notary public. The Plan Administrator Representative will provide the necessary information in sufficient time for you to make an election, and you may ask for more information if needed. Also, you may revoke any previous election and make a new election at any time before you begin receiving benefits. The revocation and new election must also be signed by you and your spouse and witnessed by a notary public, unless you elect the 50% Surviving Spouse Pension. Please note that if you elect the Straight-Life Annuity no payments are made to a surviving spouse. LUMP SUM PAYMENT If the value of your pension benefit, as determined by an actuary, is $5,000 or less, the benefit will be paid as one lump sum. Similarly, this will be how payment will be made to your spouse if he or she is entitled to a Pre-Retirement Spouse Pension whose value is $5,000 or less. You may elect to have your lump sum distribution directly rolled over into an IRA or, if permitted, your new employer's qualified retirement plan. You will receive more detailed information about your rollover options at the time of your distribution. 10 """"'''''~"~'O''''''' ,--= - "'," ~- -, WHAT SOCIAL SECURITY ADDS Social Security is paid in addition to the benefits under this Plan. While you work, you and the Company each make contributions to Social Security based on your earnings. PART-TIME EMPLOYEES All provisions of the Plan are applicable to part-time employees, including the requirement that employees work 1,820 Service Hours in a year before receiving one Year of Credit. However, part-time employees who work more than 1,000 Service Hours in a year will receive a pro-rata Year of Credit. Part-time employees with any questions concerning their Years of Service or Years of Credit should contact the Plan Administrator Representative. FORMER EMPLOYEES The Plan provisions described in this booklet do not apply to former employees of the Company who retired or otherwise terminated their employment with the Company before January I, 1999. Those rights are determined by the terms of the Plan in effect on the date of termination of employment. OTHER INFORMATION YOU SHOULD KNOW Employer The Company's address is The Patriot-News, 812 Market Street, Harrisburg, Pennsylvania 17101. The Company's telephone number is (717) 255-8100. The Company's tax identification number is 23-1304402. Plan Identification For feder,al government purposes, the Plan is classified as a trusteed defmed benefit pension plan. Records are kept on the basis of the Plan Year, which is the calendar year. The Plan is identified for federal government purposes as: Name of Plan Plan Number Advance Pension Plan 004 Plan Sponsor's Tax Identification Number 13-5576716 11 '1'"'X1"^""'''''''''1', lI'll/I1![, i"" '1 .,"~ ~~"j:; .. (The Plan sponsor is Advance Publications, Inc., 950 Fingerboard Road, Staten Island, New York 10305; a complete list of participating employers is available for examination at the Plan Administrator Representative's office and a copy may be obtained by written request to the Plan Administrator Representative.) Plan Arlmini~tration Your pension is administered locally by a Plan Administrator Representative appointed by the Board of Directors of the Company. The Plan Administrator Representative authorizes pension payments, resolves questions, and tries to make sure the Plan is fair to all. Inquiries to the Plan Administrator Representative should be directed to: Mr. Frank J. Epler The Patriot-News 812 Market Street Harrisburg, Pennsylvania 17101 (717) 255-8100 Claims Procedure Applying for Benefits In order to receive a Plan benefit you must complete and file a written application with the Plan Administrator Representative. Application forms are available from the Plan Administrator Representative. You will be asked to furnish information such as your age, marital status and present address. Your application for benefits will be processed when the Plan Administrator Representative receives this information. If your application is missing information, the Plan Administrator Representative will notify you within 45 days. You will have at least 180 days to then complete and file your application. It is your responsibility to inform the Plan Administrator Representative of any changes in your mailing address in order to ensure that your benefit checks will reach you. Notice of Benefit Determination Within 90 days of receiving your complete application, the Plan Administrator Representative will tell you whether your application is approved. In special circumstances the Plan Administrator Representative may require an extension of time for review of your application and benefit determination, in which case, a written notice explaining the reasons for the delay and the date by which he expects to make your benefit determination will be given to you before the end of the 90-day period. If the Plan Administrator Representative approves your application, you will receive a Notice of your Benefit Determination. If it is not approved, the Plan Administrator Representative will provide you with a notice explaining why, referring you to the applicable provisions of the Plan (including any internal rules or guidelines) on which the determination is based, informing you of when and where you may examine this 12 "f:JlLl.: ~" - ~I .- . , ~ ~~.,.,~~ -"""" information, describing the Plan's review procedures, and telling you how you can get a reconsideration of his decision. Appeal Within the 60 days following receipt of the Notice of Benefit Determination, you or your representative may file an appeal with the Plan Administrator Representative requesting a reconsideration of your application. The review of your benefit determination will be made by a Plan fiduciary who was not involved in the initial determination. You should receive written notice of the fmal decision within 60 days after your request is received by the Plan Administrator Representative. If the Plan Administrator Representative requires more time to review the appeal because of unusual circumstances, you will be notified. This notice will explain your rights to have access to and to review Plan documents and records concerning your benefit determination and to provide the Plan Administrator Representative with additional information. This notice will also describe the Plan review procedures and your right to bring civil action under ERISA. Financing The Company pays the entire cost of your pension through periodic actuarially-<ietermined contributions to the pension plan trust fund. The funds are held and invested by the Plan's Trustee, Chase Manhattan Bank, N .A., 4 New York Plaza - 2nd Floor, New York, New York 10004. Maximum Pensions Compensation for Plan calculation purposes is limited by the IRS to an annual maximum (adjusted by the IRS for cost-of-living changes). For 1999, this limit is $160,000. Federal regulations require every plan to include provisions concerning maximum pensions. Inquiries in this regard should be directed to the Plan Administrator Representative. Top-Heavy Plans A top-heavy plan is a plan under which key employees receive a certain percentage of benefits under the plan (the percentage is fixed by the IRS) which is greater than the percentage received by all other employees. This Plan is not top-heavy; however, federal regulations require every plan to include provisions concerning top-heavy plans. If the Plan becomes top- heavy in any Plan Year, (1) a minimum retirement benefit may be provided and (2) the vesting provisions would be changed as follows: Years of Vestine Service Vesting Percentaee Less than 3 3 or more 0% 100% 13 I '~;ii\iH.t_I":~~_~~" .'.-.'-< ~=~ - ~ '. . Qualified Domestic Relations Orders If your interest in the Plan becomes subject to a qualified domestic relations order, all or a portion of your Plan benefits may be applied to satisfy the obligations under such order. Generally, a qualified domestic relations order is any judgment, decree or order under state domestic relations law which provides for child support, alimony, or marital property settlement with respect to a spouse, child or other dependent of a Participant. The Plan Administrator Representative has established procedures to determine the qualified status of any domestic relations order he receives. You can obtain a copy of these procedures from the Plan Administrator Representative without charge, Permanence Although the Plan is intended to be permanent, the right to amend or terminate the Plan at any time has been reserved by the Plan sponsor, Advance Publications, Inc, Other participating employers have no right to amend or terminate the Plan. However, each participating employer has the right at any time to withdraw from Plan participation with respect to its employees. Legal counsel for the Plan sponsor is authorized to amend the Plan solely to comply with changes in the law or as required by the Internal Revenue Service in connection with obtaining a favorable determination letter with respect to the Plan's qualified status. A decision to amend or terminate the Plan might result from a change in law or any other reason. No amendment to the Plan, however, can cause any reduction in the accrued pension of any Participant or the elimination or reduction of certain protected benefits (such as early retirement benefits and optional forms of benefit payment) with respect to accrued pensions as of the later of the adoption date or effective date of the amendment. The Plan document includes specific provisions as to how the money in the trust fund must be used for the benefit of participating employees and their spouses. It cannot be returned to the Company or any other participating employer unless there is more than enough to pay all accrued pensions. If the Plan is completely terminated, accruals of additional benefits under the Plan will stop. Benefits already earned under the Plan for Participants actively employed with the Company at the time of the termination, to the extent then funded, will become fully vested. The assets of the Plan will be allocated in accordance with the Pension Benefit Guaranty Corporation's rules to pay such earned benefits, as discussed below. If excess assets remain after all of the Plan's liabilities for such earned benefits are satisfied, those excess assets will be returned to the Company. Ternrlnationlnsurance Your pension benefits under this Plan are insured by the Pension Benefit Guaranty Corporation (PBGC), a federal insurance agency, If the Plan terminates (ends) without enough money to pay all benefits, the PBGC will step in to pay pension benefits. Most people receive all of the pension benefits they would have received under their plan, but some people may lose certain benefits . 14 ';--J',",o;I?,'.l'",~_,,",__ ~~Q ~I "--' " ,~ " ., ~~ '. , . . , The PBGC guarantee generally covers: (1) normal and early retirement benefits; (2) disability benefits if you become disabled before the plan terminates; and (3) certain benefits for your survivors. The PBGC guarantee generally does not cover: (1) benefits greater than the maximum guaranteed amount set by law for the year in which the plan terminates; (2) some or all of benefit increases and new benefits based on plan provisions that have been in place for fewer than 5 years at the time the plan terminates; (3) benefits that are not vested because you have not worked long enough for the company; (4) benefits for which you have not met all of the requirements at the time the plan terminates; (5) certain early retirement payments (such as supplemental benefits that stop when you become eligible for Social Security) that result in an early retirement monthly benefit greater than your monthly benefit at the plan's normal retirement age; and (6) non-pension benefits, such as health insurance, life insurance, certain death benefits, vacation pay, and severance pay. Even if certain of your benefits are not guaranteed, you may still receive some of those benefits from the PBGC depending on how much money your plan has and on how much the PBGC collects from employers. For more information about the PBGC and the benefits it guarantees, ask your Plan Administrator Representative or contact the PBGC's Technical Assistance Division, 1200 K Street, N.W., Suite 930, Washington, D.C. 20005-4026 or call 202-326-4000 (not a toll-free number). TTY/TDD users may call the federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4000. Additional information about the PBGC's pension insurance program is available through the PBGC's website on the Internet at http://www.pbgc.gov. Agent for Service of Legal Process The Plan Administrator Representative is the agent for service of any legal process against the Plan. Service of legal process also may be made upon the Trustee. Further Information This booklet describes higWights of the Plan. Full details are contained in the official Plan and Trust documents which govern and control all rights and benefits in case of any conflict with the explanation given in this booklet. Some terminology in the booklet differs from that in the Plan document. For example, in the official Plan document, Years of Credit are referred to as Service Credits. If you would like to examine the documents or ask any questions about the Plan or your benefit rights, please address your inquiry to the Plan Administrator Representative. 15 ! "',~ . ^ .~ ' ',- - 0<___ -, ~, J , ", , . STATEMENT OF ERISA RIGHTS The following statement of ERISA rights is required to be included by law. Please understand that the Company is required to use the words contained in the regulations. By presenting this required statement, the Company does not want to suggest that to be treated fairly and obtain proper representation, you must take legal action or seek aid from any governmental agency. You, of course, have that right. However, the Company would like you to remember that it would like to help you with any problems you may have concerning your pension just as it wanted to provide you with these benefits in the first place. The Company hopes you will come to us first with any problems that might arise. As a Participant in the Advance Pension Plan you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA), which provides that all Plan Participants shall be entitled to: Examine, without charge, at the Plan Administrator Representative's office, all docnments governing the Plan and a copy of the latest annual report (Form 5500 Series) flled by the Plan with the U.S. Department of Labor. Obtain, upon written request to the Plan Administrator Representative, copies of documents governing the operation of the Plan and copies of the latest annual report (Form 5500 Series) and updated summary plan description. The administrator may make a reasonable charge for the copies. Receive a summary of the Plan's annual fmancial report. The Plan Administrator Representative is required by law to furnish each Participant with a copy of this summary annual report. Obtain a statement telling you whether you have a right to receive a pension at your normal retirement age (age 65 and 5 Years of Service) and if so, what your benefits would be at normal retirement age if you stop working under the Plan now. If you do not have a right to a pension, the statement will tell you how many more years you have to work to get a right to a pension. This statement must be requested in writing and is not required to be given more than once every twelve (12) months. The Plan must provide the statement free of charge. In addition to creating rights for plan participants, ERISA imposes duties upon the people who are responsible for the operation of the employee benefit plan. The people who operate your plan, called "fiduciaries" of the plan, have a duty to do so prudently and in the interest of you and other plan participants and beneficiaries. No one, including your employer, or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a pension benefit or exercising your rights under ERISA. If your claim for a pension benefit is denied in whole or in part you must receive a written explanation of the reason for the denial. You have the right to have the Plan review and reconsider your claim. Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request 16 "~'"..,. ,< ^" ~, ~ r-' .~- "^,- ,~, ~ ~, ; ~= ~. - ~ '" " " '. f. . .. , . materials from the Plan and do not receive them within 30 days, you may file suit in a Federal court. In such a case, the court may require the Plan Administrator Representative to provide the materials and pay you up to $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the administrator. If you have a claim for benefits which is denied or ignored, in whole or in part, you may fIle suit in a state or Federal court. In addition, if you disagree with the Plan's decision or lack thereof concerning the qualified status of a domestic relations order, you may fIle suit in Federal court. If it should happen that Plan fiduciaries misuse the Plan's money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a Federal court. The court will decide who should pay court costs and legal fees. If you are successful the court may order the person you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees, for example, if it fmds that your claim is frivolous. If you have any questions about your Plan, you should contact the Plan Administrator Representative. If you have any questions about this statement or about your rights under ERISA, you should contact the nearest office of the Pension and Welfare Benefits Administration, U.S. Department of Labor, listed in your telephone directory or the Division of Technical Assistance and Inquiries, Pension and Welfare Benefits Administration, U.S. Department of Labor, 200 Constitution Avenue N. W., Washington, D. C. 20210. We hope this document has provided you with the information you need about your pension, which was implemented many years ago by our Company for the benefit of you and your family. However, it is impossible to answer all of your questions, so as matters come up which can be confusing, or specific questions are developed, please do not hesitate to see your Plan Administrator Representative. 21686 17 !,_.>1j'''''''-~'_''NI _'~" cd. ""'" , SAlOIS SHUFF, FLOWER & LINDSAY A1TORNEYS-AT.UW 26 W. High Street Carlisle, P A ~<},^, ~" , ""1": _~,_,_(~~~_, ,_,_ .', ,. (P/~/D1-~ R. MICHAEL MILLS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : CIVIL ACTION. LAW NO. 01 - 3314 CIVIL TERM LINDA L. MILLS, Defendant IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT INTRODUCTION: The Parties hereto were married on October 5, 1974. The Master has determined that they separated in January, 1996. Plaintiff, R. Michael Mills, hereinafter Husband, is employed by the Patriot News at approximately $60,000.00 a year. Husband is 59 years old. Wife has been unemployed throughout the parties' marriage except for two years when she was a clerk at Hills Department Store, and she suffers from severe depression and anxiety for which she has been treated through most of the marriage. The parties have no real estate or much property to speak of except for Husband's pension. During the parties' marriage, there was significant marital misconduct on the part of Husband. Wife has been unable to pay anything toward her attorneys' fees. Husband has significant non-marital assets, I. MARITAL ASSETS The discovery collected to date has not provided date of separation values for any asset except for a monthly pension benefit. So far as Wife knows as of this writing, the marital estate consists of the following: A A 1991 Chevrolet Blazer B, Two PNC Bank accounts. '<c' .y' ~_ _,'_,.<, ~ _,,_, ,_ ~ o_'~'_4'~,,, r__ ~_ SAIDIS SHUFF, FLOWER & LINDSAY AITORNEYS-AT'LAW 26 W. High Street Carlisle, P A Wife has served on Husband a Request for Production of Documents in an attempt to learn the January 1996 values of any marital property. II. NON-MARITAL ASSETS Husband claims approximately $250,000.00 inheritance from a non-marital Trust for which he is a beneficiary. No documentation has been provided by Husband for the claim of Husband's interest in the Trust. III. EXPERT WITNESSES Wife has been treated for her depression and anxiety by her family doctor. Wife reserves the right to present the testimony of the family doctor or such other expert as she may require to testify as to her ability to earn income. Wife also reserves the right to present the testimony of an actuary as to the value of Husband's pension. IV. LA Y WITNESSES Wife will testify on her own behalf not only to her earning capacity and her emotional state, but also to Husband's beatings in the course of the marriage and the sexual abuse of her daughter by Husband during the marriage, Respecifully submitted, SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Defendant By :~- . ". .~, .' . ',0"_, ,""'__" r-'\"~,'--: - !I~",~ "', -~'7' ... ,,:> ,~_: _., -,', , ,_, -, " ~, ,_ ~', . __'__., . _ _ ;"0" "F- - ,',' -"-~,--~,_.~,,,.- .='-' " ,~ ,. <. ,-~ < ~~ .'- '"-~~- SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS.AT-LAW 26 W. High Street Carlisle, P A Ii R. MICHAEL MILLS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 01 - 3314 CIVIL TERM Plaintiff Ii , I vs. LINDA L. MILLS, Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND now, this r:JOlA- day of t) J AA1.R. 2002, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Plaintiff's Pre-Trial Statement this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Samuel L. Andes 525 North Twelfth Street P. O. Box 168 Lemoyne, PA 17043 SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff ~1~~0 , Carol J. Lindsay, Itsquire 10# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 tl _.,'" ',:h'''''~''' J,\,,: ":" "J\-"''-;~' ~,..,"_~ _ _ 0 _~,", '~-'_, : ''":' '",_1" ^"to_. _'.' ,,>Co_._., "'__.'". ': _ _ "",," _" _ ',_ ,___~___ _, '" ._,. _ __ ., " n '" , R. MICHAEL MILLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3314 CIVIL TERM LINDA L. MILLS, Defendant IN DIVORCE PLAINTIFF'S RESPONSE TO PETITION OF CAROL J. LINDSAY. ESQUIRE. TO WITHDRAW AS COUNSEL AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and makes the following response to the Petition of Carol J. Lindsay, Esquire, in this matter: 1. Plaintiff does not desire to intrude into the dispute between the Defendant and Ms. Lindsay and will not, therefore, take any position regarding the reasons for Ms. Lindsay's request for leave to withdraw as Defendant's counsel. 2. Plaintiff is, however, concerned about the delay in this case which may result from the court granting Ms. Lindsay leave to withdraw as counsel. This matter has been before the Master for more than a year and the Master has already determined, following a hearing, that the parties separated since 1996. Plaintiff is currently paying a substantial amount each month to the Defendant, as alimony pendente lite, and Defendant has made little or no effort to become financially independent, through employment or otherwise, since the separation of the parties. 3. The matter is currently scheduled for a hearing before the Master to resolve all of the economic issues and conclude the divorce litigation. That hearing is scheduled for 28 January 2003. 4. The proceedings in this matter have been delayed by postponements and continuances previously. ~ 5. Plaintiff will be severely prejudiced if the Master's hearing now scheduled for 28 January 2003 is postponed or delayed. WHEREFORE, Plaintiff prays this court to direct that the Master's hearing now scheduled for 28 January 2003 continue as scheduled, without postponement or delay, whether Carol J. Lindsay, Esquire, is granted leave to withdraw as Defendant's counselor not. " ;:: ~J), Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 -''-,^-"f,- -"""i"",-- .' , \ VERIFICATION I verify that the statements made in this Response are true and correct. I understand that any false statements in this Response are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: Id.- \ \;), lO'J... ~it~^ Q" m el . An e ' "'"E-., --- '-,--,;"","_" l I CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Response upon the following persons, herein by regular mail, postage prepaid, addressed as follows: Carol J. Lindsay, Esquire 26 West High Street Carlisle, Pa 17013 Linda L. Mills 17 Hemlock Drive Mechanicsburg, PA 17055 Date: J cJ (~!D;)-" ~:t!!.lf-ku~ Secretary for Samuel L. Andes ,~"" "",, ,.,' ',(I ! t ., -~ "=~- .- ~ ,~ ~= ~"-~ . " .- - "~'~".'"'~""~_.',,'""',"">'"~"'*~"., ~-,~-> (') c <:' v;'--; fTl;:J.-:: ;;;,!)i fA":. ~ ~t ..',.....< ~8. ;;--" =2 '" ('j", ^'~ c::) ''-' ::::> ,'q ',J .~ ,---,j 'n C'::):::!:! ,-' ',~ -." . -: ,~Li :~.~"' ", ---r; -;-; \_)~:~ ''''1 r~-" -< 'T..~..,~~~~l_ [,~",~!_~w~m~~4~~~~~~~~ ! SAlOIS SHUFF, FLOWER & LINDSAY A1TORNEYS-AT-LAW 26 W. High Street Carlisle, PA '~.[1.", ". -,'~ R. MICHAEL MILLS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 - 3314 CIVIL TERM Plaintiff vs. LINDA L. MILLS, Defendant : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Pursuant to the Court's Order of December 31, 2002, please withdraw my appearance for Linda L. Mills, Defendant. SAIDIS, SHUFF, FLOWER & LINDSAY By: i ~' /" \ ,. \" ./''''' 'J.",~'-'"" ,,,./ C ltf/V0v' C~rol J>\-indsay, Es uire ID#A4~3 26 West High Street Carlisle, PA 17013 (717) 243-6222 "~."""",~",,.,.I, ", ., " - ",'.., _,_. V.-' . , . J', ~,_ ~~, > ."... -"', , ,~ _ '. ~_ c" r _, ,~ "_ c"', _]_. 1 i<l , ,~"", '> > ~" ". ~ ,~,.~,. ~'=~ ,,,-, , ~< -,'-' H_ ,- ~,~' (') S ~~~, :f': .' ~~ ~< '-. ;'0',_' /-;....:.. s:; C'~ :?:~ =< ~~ .~. > C':, 0'. co :~~ .(::-' :,:~" >,), ". ~~ """''''' ~___ilIIftlf""._~_~~..~",,~!~'lt61~1~'-"~,~-~'~"f!"".f:'1S!<n"f.-4!il'j}~~~~~ ~~hv- ~ R. MICHAEL MILLS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW \7S. No,OI-3314 CIVIL 19 IN DIVORCE LINDA L. MILLS Defendant STATUS SHEET DATE: ACTIVITIES: - ~-~- -, I/U ICJ:J ~ ' --, ~~~~ ~;~~~~~~~~ , , - -., ~~~ ~~A - ~-u,.,~, J::;;]i;:~~~~~ , , , ""'- ~ }fBfI~ ~ - - - -~ ". ", . ,-~. ',-' ~ ~".",.,..""".".,." " Defendant ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R. MICHAEL MILLS, Plaintiff vs. NO. 01-3314 CIVIL TERM LINDA L. MILLS, IN DIVORCE ORDER OF COURT AND NOW this I \ day of ~, ' 2003, upon the Motion of Plaintiff, and upon the agreement of the parties reache1i before the Master in this matter, we hereby direct that the Plaintiff shall pay alimony to the Defendant as follows: A. The alimony will be paid at the rate of $1,300.00 per month commencing with the first month following the date of the final decree in divorce. In addition to the monthly payments, Plaintiff shall pay Defendant $500.00 as alimony on or before the first day of December each year as long as this order is in effect. B. The alimony will continue until the death of either party, or until the remarriage or cohabitation of Defendant, in any of which event the alimony payments hereunder shall cease. C. The alimony paid pursuant to this order shall be modifiable upon Plaintiff's retirement or Plaintiff's disability which prevents him from holding substantial employment or upon Defendant receiving income or other regular payments of money of $15,000.00 or more per year, before taxes. Otherwise, the alimony shall not be subject to modification. D. The alimony payments required by this order shall be made through the Domestic Relations Office of Cumberland County which is hereby directed and authorized to open and administer an account for the collection and payment of alimony pursuant to this order. BY THE e6~RT, J. DISTRIBUTION: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12'" Street, Lemoyne, PA 17043 Linda L. Mills (Pro se) 17 Hemlock Drive, Mechanicsburg, PA 17055 / '" ~ '0 o~,. ',?~' ~,_".,h __ IiIN'l^l i0~" - 'It\!{i-"..... j\,I\....;,~.I..;~_4 ,1\.... 'f II ,I. ~i --'-, '. ,.,., ;:;C;;/'.'(/O . 1/ :0' 1',lIj I .'~ ~.t:f\iL(', J6ti,.:'(I- i h 1"- ( I C:;:J (,,.. ~ <,J'_l,:j G) .-10 p.",~,,,, -,~, .'-,","",,;-'_ri. "~,,,,,,,,'''--y'''''''T'~nilL. "'JlIiilr"11nrC'i;II~:')~':r:']; , -~ ~'l!Il~ _f;11flQf.i!!ffi!Miiij~~~"0'1W\~~~~~~~!"__ _r"~~r'~"~~ '1 'I .1 Defendant ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R. MICHAEL MILLS, Plaintiff vs. NO. 01-3314 CIVIL TERM LINDA L. MILLS, IN DIVORCE MOTION FOR ENTRY OF ALIMONY ORDER ;' AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and moves the court for the entry of an order for the payment of alimony, based upon the following: 1. The moving party herein is the Plaintiff. The responding party herein is the Defendant who is not represented in this matter by counsel. Accordingly, Plaintiff files this motion on behalf of both parties. 2. The parties appeared before the Master on 28 January 2003 at which time they entered into an agreement to resolve all of the economic issues raised in this action. A copy of the transcript of the agreement they reached before the Master, and signed that day, is attached hereto and marked as Exhibit A. 3. Pursuant to Paragraph 3 of the agreement reached by the parties before the Master, Plaintiff is to pay alimony to Defendant in certain amounts and on certain terms as set forth in that agreement and in the attached Order. 4. The parties require an order of this court to implement the alimony provisions of their financial settlement. WHEREFORE, Plaintiff moves this court to enter an order in the form attached providing for the payment of alimony by Plaintiff to Defendant through the Domestic Relations Office. ~ Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 'I VERI FICA TION I verify that the statements made in this Motion are true and correct. I understand that any false statements in this Motion are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: o<r~/03 ~,,~QJb S EL L. A ES ",-' ,~. ,'.', CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Motion upon the Defendant herein by regular mail, postage prepaid, addressed as follows: Linda L. Mills 17 Hemlock Drive Mechanicsburg, PA 17055 Date: 3 February 2003 Amy M. arkins Secretary for Samuel L. Andes ".c ''Y1l~.:, J.1f R. MICHAEL MILLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 01 - 3314 CIVIL LINDA L. MILLS, Defendant IN DIVORCE THE MASTER: Today is Tuesday, January 28, 2003. This is the date set for a Master's hearing in the above captioned divorce proceedings. Present in the hearing room is the plaintiff's counsel Samuel L. Andes. The Plaintiff is in another room in our office. Also present is the Defendant, Linda L. Mills, and Michael Alleman, son-in-law of Linda Mills and Barbara Alleman, Linda's daughter. Previously Mrs. Mills was represented by attorney Carol Lindsay but Ms. Lindsay received the Court's permission to withdraw from this case. A complaint in divorce was filed on May 31, 2001, raising grounds for divorce of irretrievable breakdown of the marriage. The Master expects that the parties will sign affidavits of consent and waivers of notice of intention to request entry of divorce decree today so that the Master's office can file the affidavits and waivers with the prothonotary. The divorce can, therefore, be concluded under Section 3301(c) of the Domestic Relations Code. A 3301 (d) was filed on May 23, 2001. There was an issue raised "'^ , '. _ - - ,- "'f ~_,o_ '" ^c'-' regarding the date of separation and the Master had a hearing on that issue on July 3, 2002. After the hearing was conducted, the Master put on the record his finding that the separation occurred January 1996. The economic claims that the Master is addressing today are equitable distribution, alimony, alimony pendente lite and counsel fees and expenses. An agreement is going to be stated on the record in presence of Mr. Andes, Mrs. Mills and her daughter and son-in-law. The agreement as stated on the record is going to be reviewed by Mr. Mills after it has been transcribed and the parties will be asked to sign the agreement affirming the terms of settlement as stated on the record. Mr. Andes has indicated that he has authority to accept the terms of the agreement as stated on the record as behalf of his client. The agreement as stated on the record will be considered the substantive agreement of the parties and will not be subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Following receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and Mr. Andes will then be in a position to file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Andes. "{lM,r ^~ '~" '-' ,-'-' " ~", .. , .' A, - 1 ~ - . MR. ANDES: The parties have agreed as follows: 1. Mr. Mills is a participant in a retirement plan operated by his employer. The name of the plan is The Patriot News Company Advance Pension Plan. As of the date of separation he had accrued benefits in that plan that will pay him approximately $530.00 per month starting at a commencement date which we estimate to be in February of 2008. The parties have agreed that Mr. Mills will pay to his wife, from the pension benefits when he starts to receive them, the sum of $268.00 per month continuing as long he receives those benefits. At this point the parties do not intend to obtain a QDRO and will divide the pension between them when it reaches pay status. 2. All other marital property of the parties has been distributed by them and each of them will retain what few items of marital property exist and are in their possession. Husband shall pay to wife within 14 days of the entry of a final decree in divorce the sum of $4,000.00 in satisfaction of all further claims for the equitable distribution or division of marital assets. 3. Husband shall pay alimony to wife as follows: a) The alimony will be paid at rate of $1,300.00 per month commencing with the first month following the date of final decree in divorce. In addition to the monthly payments, husband shall pay to wife $500.00 as alimony on or before the first day of December each year hereafter. The alimony payment shall be made through the Domestic Relations Office, b) The alimony will continue until the death of party or until wife's remarriage or co-habitation, in any of which events the alimony payment shall cease. c) The alimony shall be modifiable upon husband's retirement or disability which prevents him from holding substantial employment or upon wife receiving income or other regular payments of money of $15,000.00 per year before taxes. Otherwise the alimony shall not be subject to modification. 4. All other claims for economic relief, including any further claims for alimony, equitable distribution, counsel fees, expenses, or the like are waived and the parties accept the terms of this agreement as satisfaction of all of their i''''~'tli''?~..'''"~. ~~, , other claims. 5. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. ANDES: That is the agreement that the parties have reached. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Q ~,iJ) ~L. Andes Attorney for Plaintiff r.-. " 2rQ~D~ -- "7~' ~ /" .' ....".. ~.J.""N R. Michael Mills ~eP~, Michael Alleman (Witness) 1-L.~-o3 ~~~ 7n$ Linda L. Mills ''"'::-. , ~ ~ - =. '" r-'., c,_,," :illl '''i!il!iN_ L ~. ~,.,.~~ n I ~ .~ .~,-, ~ ~~~ '" '~~r~,," , (') a 0 c: t..., ., ::;:."~ -rt ..~ CJ CD f'Tl ~T~ 92 ~:~.~ OJ 1';"1 ~I! 7,~~ I "0 i"Tl U)}:: ~n ~~3 0 , , ,- c~ ~\ '-' z;."" ::;;-:, -n " ,'-., -~ d ;.::'" ~ t': 25m ~> c., ......., 2: C" >! =<' :".0 <0 -< ..= kI'o_~ . ~ ,-4lliIl@I~~ .<0, ,~,*~mI~j!ifPWRif""'~K"lq"i/i'--I0"~,",",":Vo;"T'."'!''??~;'-'"'?W>0',~;:,"jr;;>:"I')t"~"";;;,"0'+'~'-~4"~,~,,~;.,,.,!1*!1'~:!'1'WWfl~~ J I' "I '1 R. MICHAEL MILLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 01-3314 CIVIL TERM LINDA L. MILLS, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD o THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce ecree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: Sheriff service indicates service on 22 June 001 u on Defendant. 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: 28 Januarv 2003 By Defendant: 23 Januarv 2003 (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 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 to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 28 Januarv 2003 and filed on 28 Januarv 2003. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 28 Januarv 2003 and filed on 28 Januarv 2003. Date: 30 January 2003 By ~-~ S muel L. ndes Attorney for Plaintiff :-"', ill ^, ~- ". "'J''>'' '-d"'<';,'Y<'.W~~ ~--"," -"""(~_"~"'~' '" -. - liT ~ - ~ ~ti{r_-1'<\ 't;'i~,~~~ 0 0 0 C r.,) ;;:: " .." '-I ~g~ fT1 co "',~, 7J ~ ~~' n-j t;-J - ,--, ~i~! <'--..! ;r:"" ;p: C) -r- -II ~ ~~~6 Zc C5 )>C ;..~.!n ...J Z :n ~ :.c! '-' ::n -< " r "''''"'''-''- .~-~ .'II"'!NIll~"~Ii!l~~;,~~~~~~~~r r- !~ . ~ 1P! (' R. MICHAEL MILLS : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO.OI-3314 CIVIL 19 LINDA L. MILLS IN DIVORCE Defendant STATUS SHEET DATE: ACTIVITIES: '2-/1.--1" 1'Zo0-r... ~ f\,'V/O'Y {).~ PO. YJq" Hlt~ . ~A. ) 1/06 W& ~~\[0 11 }1~M\rxx- . - m~lt,~, 17ofJ3 ";~L." .~, '_"_,'_i"''','<_'''-_''''F_~'.-1'''' .-."c_.' .',.\" ,_" _ '.___,~ _ ,= "__, _ ,"-~. . ~ R. MICHAEL MILLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 3314 CIVIL LINDA L. MILLS, Defendant IN DIVORCE TO: Samuel L. Andes Attorney for plaintiff Carol J. Lindsay Attorney for Defendant DATE: Wednesday, October 10, 2001 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. ':"",!, . ~ .., ,,,'c. , ,-r,',.,,_-" . '".,,",,, _",__r '- - -~ "'""'" , /' (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. ~"', " , --""~ ",'~ " '" ~ 'f] , . , i' ,', ,." :'i '(, ;.;: :,j ::1 ,,' [1: ii: "<,\''1'_1)1''''''0."." R. MICHAEL MILLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 3314 CIVIL LINDA L. MILLS, Defendant IN DIVORCE (Previously taken was the testimony of R. Michael Mills and Linda L. Mills) THE MASTER: The Master has heard the testimony of both parties in this case regarding the date of separation. After considering the testimony, the Master is satisfied to find that the parties separated in January 1996. The Master's reasoning is based on the testimony of both parties that essentially confirms that they did not have a viable marital relationship for a considerable period of time. Wife's leaving the bedroom would constitute the final act of dissolving any type of relationship that the parties may have had, and her statement in the testimony that she left out of anger would indicate that she was, at that point, resigned to the final cessation of all relationships between the parties. The Master does not find that occasional meals together while the daughter was home or occasional trips to the grocery store or doctor's office would constitute a resumption of any kind of marital relationship. In all respects, the Master believes and finds that the parties had ceased having any kind of relationship other than the fact that they were living together under the same roof. The Master directs that the parties file pretrial statements in accordance with P.R.C.P. 1920.33(b) on or before Friday, February 15, 2002. (Whereupon, discussion was held off the record.) 1 " "'- -, "--. THE MASTER: Ms. Lindsay, would you state on the record what information it is you need to have to complete your discovery and to be able to prepare and file a pretrial statement. MS. LINDSAY: The question takes me back to the extent that in preparation for today's hearing I did not review the discovery but I will say the one thing about which I am aware of is that we need to know what Mr. Mills' non.marital assets are which are comprised, so far as I know, that he is a beneficiary of his father's trust, and I do not know what the trust corpus is and furthermore, I do not know what it will become once they sell the various properties that will be added to the assets to be divided. So that is the problem and that is very relevant for the reasons that we spoke about. THE MASTER: Mr. Andes, may be you ought to address the availability of that information and if you feel that you can provide it outside of any direct Court involvement. MR. ANDES: Well, let me tell you what I know and let me tell you what I can try to give to Carol fairly quickly. The father died in March of 2001. He had a living trust which was situate in Florida. The major assets were, I think, a house - and I do not know whether that house was in Pennsylvania or Florida - and a farm in Indiana. The farm has been sold and the proceeds of that sale, to the extent they have been realized, are, I believe, being held by the trust in Florida. My client's brother is the trustee. There are obligations that will have to be paid and I do not know what they are. There may be - for instance, there is going to be, we believe, a state inheritance tax from Indiana. I do not believe there will be any state inheritance tax in Florida. I do not know - I do not believe there will be any federal estate tax but all of that is somehow in the works. Except for a distribution of $5,000.00 to my client and to his brother who are the beneficiaries, there have been no other distributions. 2 :,"".'1 ~ -' >, , 'C'~ ,,~ " , " "-"_' . " '~I -', ,," , ~, , "0 '~ ,"~- .~ -. What I will be able to get probably is some type of an estimate from someone on behalf of the trust as to what the trust corpus is and when it may be available. But that is the best that I can do because it is a trust in flux. It is not finalized. THE MASTER: Do we know the name of an attorney who is handling this trust in Florida? MR. ANDES: My client has the name of an attorney in Florida who is advising the brother but the attorney is not handling the money. The brother is the trustee. THE MASTER: Without any advice from an attorney? MR. ANDES: No. He is getting advice but the attorney does not hold the funds. THE MASTER: I understand that he is not holding the funds but does the attorney have any information perhaps that he could share with counsel here to help define the bequest? MR. ANDES: I think any information that the attorney would have would be derived from the brother who is the trustee, but between the attorney and the brother, I can come - I will do my best to get a reasonable estimate of this. It will only be an estimate because they do not know what expenses have to be paid. They may not be significant. MS. LINDSAY: Having done my mom's estate in Florida, I can say that the accountants are much more heavily involved than attorneys and that an accountant will surely be involved - there is probably an accountant in this case - I would ask that you make an inquiry as to who the accountant for the trust is because that person can also perhaps provide us information on tax matters as well as - they may have had to file a return or will have to file a return. MR. ANDES: The Indiana farm was sold only very recently so any return, to my knowledge, has not been filed. I asked my client about 3 ,"~. ,-c," that just when we met a week or two ago and all he said was that there was an attorney in Indiana who was working on something that had to be filed. THE MASTER: Well, let's assume that we only have estimates and Mr. Andes provides that, how is that going to affect the evidence that you want to present at a trial or are we perhaps premature in this matter as far as going ahead because I assume that this non'marital asset is going to have a significant play into what we do with the alimony claim, for instance, because it would be a factor that we need to look at. How do you think it is going to affect are ability to go forward? MR. ANDES: I do not see how it would stop us. We ought to be able to get a fairly accurate estimate. You are never going to know the final distribution until you get the final distribution because final distributions are constantly a moving target. However, the only way the final distribution is going to change once we have the input from the people who are doing this is greater return on the investments. You know, if it is sitting in an account that earns 6%- MS. LINDSAY: You know there are things that you could provide or the accountant or the brother can provide over a verbal estimate. For instance, we could get the settlement sheet for the sale of the farm. mean there are some things that could be provided. We could get a statement of the assets that are in the account- MR. ANDES: I am not talking about a verbal estimate being that Mike is going to get $20,000.00. I am talking about a verbal estimate being that these are the assets that we expect - that are either in the trust now or these are the assets we expect will be realized, and these are the expenses that we have been advised that we have to pay and when we make distribution, we are estimating that the distribution will be X or Y. MS. LINDSAY: And may be the brother can do it in a form of an affidavit so that I can rely on it. My problem here is that I am 4 ;-;"'lfllW~_1 . ~ -." . "' - -~ -"-', , . representing a person who knows nothing about the finances here. I need to be able to rely on it. MR. ANDES: And it is compacted by the fact that Florida - you know, the reason these living trusts are created in Florida is to prevent anyone else from knowing about the assets and liabilities of the trust. Not only do you not have to file an inheritance tax return in Florida but you do not have to file an accounting. The whole reason they have these is to avoid the formality of probating. So it is not like I can say, fine, send me a copy of an inventory or send me a copy of an inheritance tax return because those things do not exist. But I certainly can get you a realistic estimate. MS. LINDSAY: And documentable to the extent it can be. And I even offered - if confidentiality is the hot issue here, you know, to the extent - I would sign a document that said I would not review it with anybody else. MR. ANDES: Well, I do not think - THE MASTER: Now, let's go off the record. (Whereupon, a discussion was held off the record.) 5 "~!f, ."",~ " '''~'"-',,'''''',-"_, L~ ,,~_,~_,- ", , '< ,-"- -< - p _, ~~_~,FI c~.~_ ,~ 4 -.');;"4l''''f;li!T~, , R. MICHAEL MILLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 01 - 3314 CIVIL LINDA L. MILLS, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Wednesday, July 3, 2002 Present for the plaintiff, R. Michael Mills, is attorney Samuel L. Andes, and present for the Defendant, Linda L. Mills, is attorney Carol J. Lindsay. This action was commenced by the filing of a divorce complaint on May 31, 2001, raising grounds for divorce of irretrievable breakdown of the marriage. Although an affidavit under 3301(d) was filed averring a separation in January of 1996, the Master requested that counsel consider having the parties sign affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can conclude include under Section 330l(c) of the Domestic Relations Code. In any event, the parties have been separated in excess of two years so that the divorce can, if necessary, conclude under Section 3301(d). A hearing was held on January 15, 2002, on the issue of the date of separation of the parties. Following the hearing the Master placed on the record his findings that the separation occurred in January of 1996. On July 12, 2001, a counterclaim was filed raising the economic claims on behalf of wife of equitable distribution, alimony, alimony pendente lite, and counsel fees and costs. Attorney Lindsay has specifically noted in her pretrial statement that marital misconduct is a significant issue with regard to the alimony claim. With respect to the witnesses on the marital misconduct claim, counsel are directed to exchange a witness list within a month of the hearing date so that each counsel is apprised of the witnesses that will be called to testify on that factor. An issue that has arisen with regard to the alimony claim is whether or not wife has an earning capacity. Her counsel has argued that wife is disabled because of depression and anxiety and we have discussed having her .,'" -,=',-,- ,.".n""', _ " " -~ '.. , - " ,"-,-, .-. 1"" ..< ~ c~.,. .~. '. " evaluated by a psychiatrist/medical doctor to determine whether or not she could function in a work/employment setting. In order to move this case forward and allow the issue to be properly addressed, Ms. Lindsay will have her report to Mr. Andes on Monday, August 26, 2002. (A discussion was held off the record.) (Dictated outside the presence of counsel.) Attorney Andes shall have until September 26, 2002, to review the report of attorney Lindsay and secure his own report if he chooses. If he has a report which is to be completed by September 26, 2002, that report should be shared with attorney Lindsay. The Master has also suggested that counsel attempt to settle the equitable distribution claim so that we are, therefore, having testimony at the hearing on the marital misconduct factor, wife's earning capacity, and the factors relating to alimony. Obviously, counsel will need to present evidence as to the nonmarital assets of the parties (this would include the inheritance that husband received from his father). The issue with the nonmarital inheritance is how that inheritance may have enhanced husband's income. Information regarding wife's medical health insurance should be addressed as well as her SSI claim through social security. whether or not there is a survivor Mills' pension. progress with pursuing an Also, we need to determine benefit with regard to Mr. The Master is going to schedule two days of hearings in October. The first day will be for the purpose of hearing the testimony of the parties regarding marital misconduct and any medical expert testimony. The second day will be devoted to testimony relating to the factors dealing with alimony (and equitable distribution if that has not previously been settled. ) Two days of hearings are scheduled to begin Tuesday, October 15 and continue through Wednesday, October 16, 2002. Notices will be sent to counsel and the parties. E. Robert Elicker, II Divorce Master ""","~ .-."'>'--'''"-. "..q -~ ." "-" ,-~ "'-.- .. &. , -."\n_ ~ '.f( " cc: Samuel L. Andes Attorney for Plaintiff Carol J. Lindsay Attorney for Defendant ,. --or ,v'__.. .' - "."' ~-'.. -<,' ,- ,~ , , .;t r R. MICHAEL MillS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA F 1 , ~ ~ V. LINDA L. MillS, DEFENDANT 01-3314 CIVil TERM ORDER OF COURT AND NOW, this"ZL-day of December, 2002, upon review of the answers filed by Linda L. Mills and R. Michael Mills, to the petition of Carol J. Lindsay, Esquire, to withdraw as counsel for Linda L. Mills, the Rule is MADE ABSOLUTE. Carol J. L.,jndsay, Esquire, may withdraw as counsel for Linda L. Mills.1 By the Court, Samuel L. Andes, Esquire F or Plaintiff Carol J. Lindsay, Esquire Linda l. Mills 17 Hemlock Drive Mechanicsburg, PA 17055 Robert Elicker, Esquire Divorce Master 7-"-' ".'-. ,... -'" , _ . - - - :~:.- .' ~:'" ~ -'->~.~ i'~_~':~....';";,r:!~) I;, . ~ .j;';;'i.~,t:';;.,-;, ~'; ;~,..;i :;-,.n;.. ! ;1~:~{:; IJnE; ..':.:~: f0.i ;-~2.f~ ~;,;' ~.,;b' ~~;~;~';, ProthOfil)t.ari :sal 1 Should this order result in a request of Linda L. Mills to continue the scheduled Master's hearing, such a decision shall be made by the Divorce Master based upon the circumstances and the history of the litigation. JAN 0 7 2003 "'Iij ,~, , . ~,--,'- -,--- .,,-,.. ,--" - '~- ,<~ .'" >-- II R. MICHAEL MILLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 01.3314 CIVIL TERM VS. LINDA L. MILLS, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Pursuant to the Court's Order of December 31, 2002, please withdraw my appearance for Linda L. Mills, Defendant. SAlOIS, SHUFF, FLOWER & LINDSAY -,.'--'. f By: -/ --'I .. 'L.i---. .~((l.. [ 1..cJi-; Carol J. Lindsay, Esquire I D# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 (") 0 () c:: (...) ~, ~~:, -':7tF.-, S; !TifT' ~! zoo, ;,,'- tSS:.:. --,;TI SAIDIS .~- ';i_-) SHUFF, FLOWER -<. ..-- l" ~~~~ :r-"", J:C/, & LINDSAY , ~n c; ATIORNEYS.AT.LAW 5: 2'~? :"---:;:rn 26W. High Street Z ~,.) ~~ Carlisle. PA _.~ ;:;::J -< .- -< R. MICHAEL MILLS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 3314 CIVIL LINDA L. MILLS, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Samuel L. Andes , Attorney for Plaintiff Carol J. Lindsay , 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 3rd of July, 2002, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 4/22/02 E. Robert Elicker, II Divorce Master ~~.u '. '" I "'_~ o. ,. , . . R. MICHAEL MILLS, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 3314 CIVIL LINDA L. MILLS, Defendant IN DIVORCE TO: Samuel L. Andes Attorney for plaintiff Carol J. Lindsay Attorney for Defendant DATE: Wednesday, October 10, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. N/A 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. Plaintiff may need an independent medical examination and a vocational assessment of the Defendant, who claims she cannot work because of a disability. At this point there are no fonnal requests for either of those pending before the court. '''',''''' .~ '''' " - ,. ,,-,'~ ~- - -" ~'-'I. -~- -- ,,^ "- ~"",,=~., -~. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. With Defendant's cooperation, 60 days or less. Without her cooperation, no more than 90 days. /O/~2Jo' DATE I ~ . SEL FOR AINTIFF (Xl 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. ,- .~- . Y'~,"" - -' ."., ..~"' or,' '.-, ",,-,,,,,;,,,.c, R. MICHAEL MILLS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. O 01-3314 N . LINDA L. MILLS CIVIL ACTION - LAW IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: P. Michael Mills Plaintiff Samuel L. Andes Counsel for Plaintiff Linda L. Mills Defendant Carol J. Lindsay , Counsel for. Defendant You are directed to appear for a hearing to take * testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, pennsylvania on the 15th day of January 2002 at 9;00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. President Judge Date of Order and Notice: 10/24/01 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 * TESTIMONY WILL BE LIMITED 'IO '!HE ISSUE OF '!HE DATE OF SEPARATION OF '!HE PARrIES. COUNSEL ARE DIRECTED TO EXCHANGE WITNESS LISTS THIRTY (30) DAYS PRIOR 'IO THE HEARING. ii--.;" ~ ,_~~" ~" . -" '" ~---. R. MICHAEL MILLS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LINDA L. MILLS, DEFENDANT 01-3314 CIVIL TERM ORDER OF COURT AND NOW, this"ZL-day of December, 2002, upon review of the answers filed by Linda L. Mills and R. Michael Mills, to the petition of Carol J. Lindsay, Esquire, to withdraw as counsel for Linda L. Mills, the Rule is MADE ABSOLUTE. Carol J. Lindsay, Esquire, may withdraw as counsel for Linda L. Mills.1 By the Court, Samuel L. Andes, Esquire For Plaintiff Carol J. Lindsay, Esquire Linda L. Mills 17 Hemlock Drive Mechanicsburg, PA 17055 1 Should this order result in a request of Linda L. Mills to continue the scheduled Master's hearing, such a decision shall be made by the Divorce Master based upon the circumstances and the history of the litigation. Th.>.J,.",~".,..,~-" , ,'~~,-. - ._~_ -f - -:! ',",-,j""" .". " In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LINDA L. MILLS ) Docket Number 01-3314 CIVIL Plaintiff ) vs. ) PACSES Case Number 742103673 R M. MILLS ) Defendant ) Other State ID Number ORDER AND NOW, to wit, on this 24TH DAY OF MARCH, 2003 IT IS HEREBY ORDERED that the support order in this case be 0 Vacated or OSuspended or (i) Terminated without prejudice or 0 Termirulted and Vacated, effective FEBRUARY 11, 2003 ,due to: THE PARTIES' MARITAL SETTLEMENT AGREEMENT AND AN AWARD OF ALIMONY BEING ENTERED. THE CREDIT OF $1556.69 ON THE ALIMONY PENDENTE LITE ACCOUNT IS DIRECTED TO THE ALIMONY ACCOUNT. . BY THE COURT: DRO: RJ Shadday xc: plaintiff defendant Carol Lindsay, Esquire Samuel Andes, Esquire JUDGE Service Type M kJ n. AILED. '~(!{l ~ ,"" . ,;. -;.,.-tJ? Form OE-504 Worker ID 21005 ,"j;~rW1f[ -,,_, ~ ,J " ,..! ~ . O-Ci0 .-~. ^-~. 'j <. -.~ " (") c ~'?- '-"',.-- Q;!~-- 2:r (!)>- S== -'-, "',-'. .' -:." ,C:' '. '..- '." ,',::' i . ~ I, 1 .._H_,==4~,n~."~~~.~~!I/If.lll!JI1~'1""~",~__,~._J"fi!Il;M<l1~,[,"",~.l.r_ .'IJlllIi~!R'%':'!l'~J;-P"i'!"!'-$'V-<1;ti-;~~">'i!''''I-i'''';''!HF,~;Jl:~~i.1~ll\M.I~VWf~'!~'W"ImY~-~~ '-~'",.-"-,,, _ "'''''''-''C",~ \ . Slate Commonwj!alth of Pennsvlvania CdCity/Dist of CUMBERLAND Date of Order/Notice 03/24/03 Tribunal/Case Number (See Addendum for case summary) ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT b.ll dOJl - 331 'I (! 1(1/ L /l11e.t;E5. 7/d/63&73 o Original Order/Ndti~e:" @ Amended Order/Notice o Terminate Order/Notice Employer.Mtithholder's Federal EIN Number RE: MILLS, R M. Employee/Obligor's Name (Last, First, MI) 31.4-44-3166 Employee/Obligor's Social Security Number 3829100816 Employee/Obligor's Case Identifier (See Addenduin for plaintiH names associated with cases on attachment) --- Custodial Parentis Name (last, First, MI) THE PATRIOT-NEWS CO 812 MARKET ST PO BOX 2265 HARR1SBURG PA 17101-2808 See Addendum for dependent names and birth dates associated with cases on attachment. URDER IN(( )RMA nON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are requi.red to deduct these a~ounts from the above-named employee'sfobligor's income until further notice even if the Order/Notice is not issupd by your State. $ 1,300.00 per month in current support $0. ooperm6nthinpast~due support Arrears 12 weeks or greater? o yes .<XJ no $ .0.00 per month in medical support $ . 0 . 00 per month for genetic test costs $ . per month in either (specify) to',:'a total of !Ii 1,300.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not mahf' thr. ordered;uppon payment cycle, use the following to determine how much to withhold: . $ ..___._..309.00 per weekly pay period. $ ..__ ...2.00.00 per biweekly pay period (every two weeks). $ _.. _..:.. 650,.QQ.per semimonthly pay period (twice a month). $. ___.J.J.Q.Q; OC' per monthly pay period. RI:MITTANCE (NfCiRMA110N: . . . You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled te- deduLt a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amOunt. The total withheld amount, and you dee, cannot exceedSSo!oof the employee'sf obligor's aggregate disposable weekly earnings. For the purpose of the limitation:onwithholding,the following information.is needed (See #10 on pg. 2). If remitting by EFl/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1.877.676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: PennsylvaniaSCDU, P.o. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: MAR 2 5 2003 Cop Form EN-028 Worker ID $IAT']' Service Type M B. . 1-- - . .OIC/0 r~ ->?~ '~", . , ~ "' ""._~~ o _ ~" ',_ . ,~ r ",:.; c::' ':;:,~ !,~j' [-"J-G ~::! 'rfIN'1;\lASNN:Jrl . t.!lr(""..., _J...... '_~.i\I~ !,_ ("": rr',-',ri'.~:"'~:/\lnJ I '1 . -~ I i j C ',' ~J .(. , .,'" ;,-, " :""~]_U_~~~~~g!l!l1!lffill\!jl!r,,,,f.{!'~'(,t-"~ ~ c_ ~ , . ."_-'''"~'''':'', '-'"~',F'-"~ ,-'f',,'-''"';';;''" ~" - t ,.... .,;i,',>~ ~.."'.... ~, !:C . . -"- '.--.l--,.-. '~';.~;;j;l. "".-. ..... ~ "~1- .,.,...-.. :!I.~J . -~....... ~"~" "'FI' i:'H<lI.t.'J~~\i:I'WW&~~;H'I\J~"fiH,ijl "1"~,., l~~I! ~~,~ " "', ... ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS fJ If ~hecked you are required. to provi(ie a COpy of this form to YOIJ~ em~loyee. If your employee works in.. state that is . . dItterent from the state that Issued this order, a copy must be provde!J tu your employee eyen If the. box IS not c~ecked. 1. We appreciate the voluntary compliance of Federally recognized indian tribes, tribally.owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with thIS notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Pay~ents: You can cornbinewithheld amounts from more than one employe8Jobligor's income in a single paymentto each agehcy requesting withholding. You must, however, separately identify Ihe portion Olthe single payment that is attributable to each employee/obligor. 4. * Reporting the raydate/Date of Withholding. ','ou must lepM tl,epaydateldate of "ithl,olding "hen sending tl,e pa,ment. Tl,e payd~dMi. of n;t1.I.oldittg ;.3U;e. dale-Oil nl.;d, a.tloJIIl"~vaS nithneld flOnl the enlploy~~'5 ndge5. You must comply with the law of the state of the empioyee'sJobligor'sprinCipal place of employment with respect to the time periods within which you must implement the withholding order,md forward the support payments. 5. *Employee/obligo~ with Multiple Support Holdings:.Ifthere is more than one Orger/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's prinCipal place of employment. You must honor all alders/Notices to the g'reatestextent possible, (Seeltl 0 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a coPy of this Order/NOtice to the Agency identified below. WITH.HoLDER'S 10:.231.3044020,' . . . . EMP~qYEE'S"{OBUGoR'SNAME:,,~ MILLS , R M. EMPLOVEE'S"'CASEJDENTlfIER:-. 3829100816 LAST KNOWN HOMEADDItESS: . NEW EMPLOYER'S NAME/ADDRESS: DATE Of SEPARATION,".' -'-~-'- 7. Lump Sum PaYments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severa.nce pay.. If you have any questions about lump sum payments, contact the person or authority below. 8. liability: If you fail to withhold income as the Order/Notice directs, you are Iiabie forboth the accumulated amounlyoushouldJ&ave withheld from the'employee/obligor's income. and other penalties set by Pennsylvania State law.. Pen'nsylvania State law gOVernsu'n:'~"s. the.obligor is employed in another State,.in which caSe the law of the State in which he or she isempioyed governs: 9. Anti-discrimimition: You.are subject to a fine detennined under State law for disch,H-ging a~employeeJobligor from employment refusing to employ, or taking disciplinary actior.againstany ~mployee/obilgor because of a"upportwithhoiding~:Pennsylvania.state_law":'. governs unless,the obligcrr:rs 'employed'in another State, in which rase thp. law ,)f i.he State in which he or-she is employed governs: 10.' Withholdil\gLimits:. You may not withhold. more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act(l 5 U .S,e. ~ 1673 (b)l; or 2i the amounts allowed by the State of the employee;s!obligor'sprincipal place of employment The Federal limit appiles to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory dedu<..iions such a5; State, Federal, local taxeSi Social Security taxes; and Medicare- taxes. . 11, Additional Info: 'NOTE: If you or your agent are servep,with a copy of this orPer in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. . Submitted By: . If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O, BOX 320 by FAX al.IT1?) 240-6248. or CARLISLE PA 17013 by internet w"Yw..childsupport.state.pa.us Page 20f 2 Form EN-02S WorkerlD $IATT ServiCe Type M '.)MB. No.: 0'170-0154 *i,,:>,'~~~" ,..,~ ,~ . - - , - ""~"" . "'''"_. _, '~!i__._ X' ',<<<:!C. '_-,':: . ~ ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MILLS, R M. PACSES Case Number 742103673 Plaintiff Name LINDA L. MILLS Docket Attachment Amount 01-.3314 CIVIL$ 1,300.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ~:;:};::::::,:::::::..'::::.;~:::.:::;::::::j:I?::;t?))jj:dt:t:(::~}t::J:t:/:::;'::::::::J::J?t::,;::;:/:/::}::{j:t:::::,:::;::::::::):::'::::::::;~?:::::.::::,-, o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available througH the employee's/obllgor's employment. ::::;:::;:,::,;::;::;:::::::.;::;::;::;.:;:::::::::::.:::::::::::::::::,::::::::;:::::::::;::;::::::,:::::,:::::::::::::::;:;:,:,::,:::::,:::,;::::::::::::::;:,~:,:::::::)::::::::::::::::::::::;:'::::.':':::::':::.:::'::,::,::.,.:.:::::,:.:::.:...,. Dlfche~ked, you are required to enroll the child(ren) identified above in any realth insurance coverage available through the employee's/obligor's employment.. . PACSES Case Number Plairrtjff Name '-' PACSES Case Number . Plaintiff ~~ame Docket Attachment Amount $ 0,00 Child(ren)'s Narne(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): [:0B o If checked, you are required ,to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obllgor'semployment. you are requiredto enroll the child(ren) in any health ins.urancecoverage available employee's/ohllgor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB are required to enroll the child(ren) in any health insurance coverage available employee's/obllgor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee's/obllgor's employment. Service Type M Addendum Form EN-028 WorkeriD $IATT OMS No.: 09/ij.(l154 :~''''7''''''' -~~...".". 1,__, _ ,'~""_' - .1 '11 ,~ '~"'~'"- .'r." ",'.\<\,_ , -, '."-'- :~ ".'-~->' '1""".0;".",. . . . . ~;P. ;f. ;f. .. . IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY . . . STATE OF PENNA. . . . . . R. MICHAEL MILLS, PLAINTIFF No. 01-3314 CIVIL TERM . . . . . . VERSUS LINDA L. MILLS, . DEFENDANT . . . . . DECREE IN DIVORCE . , IT IS ORDERED AND 2003 AND NOW, . R. MICHAEL MILLS DECREED THAT , PLAINTIFF, . . LDilDA L. MILLS , DEFENDANT, AND . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . NONE . . PROTHONOTARY . . . . . . .. ,<. -".'- , '"~~,"'-' ""~' ,". -"-~ ~, , J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !il~iWliM",~~-"'-----"'---- ' _ ''''';;$MIi&it.lti~illlliiiilil1~~..,.j-'ill~;~ . (~i "."", ..,~. -, \ '-" ~;; !;). (0 oJ;~ ~.~. Zv c:#- ~ d./;J ()] '7l~ ~ '%) 1f1' ,: ' . , I I:; Ii" Ii; Ii " K 1 &)( S-3 r R. MICHAEL MILLS LINDA L. MILLS 314-44-3166 174-58-1265 "...~ ,. ,-