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HomeMy WebLinkAbout99-04094h ?i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF r PENNA. ROSEMARIE L. ARMSTEAD, Plaintiff VERSUS Defendant N O. 99-4094 Civil Term DECREE IN DIVORCE a?`?o 17Q AND NOW, ' , IT IS ORDERED AND DECREED THAT ROSEMARTF, 1- ARM T AD , PLAINTIFF, AND FREDDIE ARMSTEAD SR. ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; e,l-o/ ROSEMARIE ARMSTEAD, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION -LAW FREDDIE ARMSTEAD, SR. :NO. 99-4094 CIVIL TERM Defendant :IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, Rosemarie L. Armstead, hereinafter referred to as Former Spouse, and Freddie Armstead, hereinafter referred to as Retiree, have entered into a comprehensive property settlement agreement dated May 30, 2001; and WHEREAS, as part of the settlement agreement Retiree agrees that the Former Spouse receive fifty (50%) percent of his U.S. Army Pension that was earned from the date of marriage (March 14, 1983) until the mutually agreed date of termination of entitlement (March 14, 1998); and WHEREAS, counsel for Retiree and counsel for Former Spouse have acknowledged that this Qualified Domestic Relations Order is being made pursuant to the Domestic Relations Laws of the Commonwealth of Pennsylvania as it relates to the provisions being made by the Former Spouse relating to her marital property rights; and WHEREAS, it is intended that this Order will qualify as a Qualified Domestic Relations Order, as defined in Section 414(p)(1) of the Internal Revenue Code of 1986 and the provisions hereof shall be administered and interpreted in conformity with the Code. Pursuant to Section 414(p)(2) of the Code, the following facts are hereby specified: 1. The Act to which this Order applies is the Uniform Services Former Spouse Protection Act of September 8, 1982. 2. The name of the Service member is Freddie Armstead, whose current mailing address is 12822 Isle Royale Drive, DeWitt, Michigan 48820, and whose social security number is 337-54-8714. 3. The name and address of the alternate payee is Rosemarie L. Armstead vhose current mailing address is 195 Fries Mill Road, Building Carlton #15, Turnersville, Jew Jersey and whose social security number is 179-64-0329. 4. Military Retired/Retainer Pay. Former Spouse shall be awarded a monthly percentage share of her Retiree's U.S. Army Retired/Retainer pay upon Retiree's retirement from the United States Army. Set award shall be in accordance with and construed by the Uniform Services Former Spouse Protection Act of September 8, 1982 (Public Law 97-252). Former Spouse's monthly percentage share shall be determined by the following formula: 15 (Years of marriage to mutually agreed date of termination of entitlement while Retiree on active duty) 1/2 X = 37.5% (Former Spouse's 20 (No. of years of Monthly Percentage Share) Retiree's active duty at time of Retirement) Disposable Military Retired/Retainer pay as used herein means Retiree's gross Military Retired/Retainer pay less only those amounts deducted for the Survivor Benefit Plan premium, if any for Former Spouse. The sharing of Disposable Military Retired/Retainer pay shall commence upon July 1,2001 and shall continue until the death of either party. Pending the implementation of this Order by the Naval Finance Service, the Retiree shall pay the Former Spouse's entitlement directly. Retiree shall elect the maximum Survivor's Benefit Plan annuity. Under the terms of the Uniform Services Former Spouse Protection Act, the Defense Finance and Accounting Service, as the paying authority is required to directly pay Former Spouse her monthly percentage share of Retiree's monthly disposable Military Retired/Retainer pay because of the following. In the course of the parties' marriage, Retiree formed at least ten years of service credible and determining his eligibility for Retired/Retainer pay. The parties were married on March 14, 1993 and were divorced on . Retiree began service credible and detei;nined his eligibility for Retired/Retainer pay with the United States Army in February 28, 1980, has performed active duty of 20 years service until his retirement from active duty on February 29, 2000 Neither Retiree nor Former Spouse will do or cause to be done any act which will cause this provision to become null and void, and each party agrees that this will be the final Order pertaining to the division of the Retiree's disposable Military Retired/Retainer pay. Retiree and Former Spouse agree that the Retiree's Military Retired/Retainer pay is and shall be accruing as a result of his service in the United States Army and that the Military Retired/Retainer pay is marital property subject to equitable distribution by the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania. Retiree and Former Spouse further agree that the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, is competent to divide the parties' marital property incident to their divorce pursuant to Section 201(c), of the Divorce Code. Retiree and Former Spouse finally agree that the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania has jurisdiction over the Retiree for the purpose of dividing his disposable Military Retired/Retainer pay because Retiree specifically consents to the Court's jurisdiction to divide his disposable Military Retired/Retainer pay. Retiree acknowledges and agrees that he has been afforded his rights under the Soldiers and Sailors Civil Relief Act of 1940 (50 U.S.S. Appendix 501-591). The Court shall retain jurisdiction over Retiree's Military Retired/Retainer pay for as long as the parties both shall live. The Court shall also have the authority to make every just and equitable Order not inconsistent with the other provisions hereof. The Court shall also have the specific authority to make any Orders it deems just and equitable as a result of the income tax consequences which flow from the division and distribution of the Retired/Retainer pay. The Court shall also have continuing jurisdiction to make every Order reasonably necessary to implement and accomplish the direct payment to the Former Spouse by the United States Army of her percentage share of Retiree's disposable Military Retired/Retainer pay, including the right to advise the United States Army of the precise amount or percentage of Retiree's disposable Military Retired/Retainer pay to be payable to the Former Spouse. BY THE COURT: l) R D J. ?' G•o2s`O/ ??{ l? ro.?/ e ROSEMARIE L. ARMSTEAD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 4094 CIVIL FREDDIE ARMSTEAD, SR., Defendant IN DIVORCE ORDER OF COURT AND NOW, this lla'?_ day of 2001, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on May 30, 2001, the date set for a four-party conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated, and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, CC: James J. Kayer Attorney for Plaintiff Robert J. Mulderig Attorney for Defendant <AhY 0i J1J,.%,-I i,ii10:L! CUiviucru?; .;; (MiJTY FENNSYLVANA Y ROSEMARIE L. ARMSTEAD Plaintiff Vs. FREDDIE ARMSTEAD, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 4094 CIVIL IN DIVORCE THE MASTER: Today is Wednesday, May 30, 2001. This is the date set for a conference with counsel and the parties with the intention to trying to resolve the outstanding economic issues. Present in the hearing room are the Plaintiff, Rosemarie L. Armstead, and her counsel James J. Kayer, and the Defendant, Freddie Armstead, Sr., and his counsel Robert J. Mulderig. This action was commenced by the filing of a divorce complaint on July 2, 1999, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. On November 29, 2000, a petition was filed by the Plaintiff raising related economic claims of equitable distribution, alimony, and counsel fees and costs. With respect to grounds for divorce of irretrievable breakdown of the marriage, the master has been provided by counsel today affidavits of consent and waivers of notice of intention to request entry of divorce decree signed by the parties. The affidavits and waivers will be filed with the Prothonotary by the Master's office so that the divorce can conclude under Section 3301(c) of the Domestic Relations Code. The parties were married on March 14, 1983, and separated August 1998. They are the natural parents of three children. The oldest child has graduated this May from high school; the other two children are still in school and are 14 and 12 years of age. The child that graduated is 17 years of age. The children at this time are in the custody of the husband although there has been some discussion today about the possibility that the children may be moving with the mother. However, this Court will take no notice of the custody issues involved with respect to the children between the parties. Those matters will have to be resolved if there are issues either in Michigan or New Jersey. The Master has been advised that the parties have reached an agreement with respect to the outstanding economic claims raised in the proceedings. After extensive negotiations the agreement has been reached and is going to be placed on the record by counsel in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Later this morning counsel and the parties are going to return to the Master's office to review the draft of the agreement for typographical errors, make any corrections as required, then affix their signatures affirming the terms of settlement as stated on the record. In any event, when the parties leave the hearing room today, they will be bound by the terms of the agreement as stated on the record even though there is no subsequent affirmation of the agreement containing the signatures of the parties. After the Master has been provided a completed copy of the agreement, he will prepare an order vacating his appointment. Counsel will then be in a position to file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Kayer. MR. KAYER: 1. The parties agree that the issues of alimony and counsel fees will be waived by both parties, that neither will make any claim with regard to alimony or counsel fees and costs. 2. With regard to the equitable distribution of property, the parties agree that the MasterCard debt that is titled to the wife shall be the sole responsibility of the wife to pay. The other liabilities that include a Visa account titled to the husband, the IRS debt which is titled joint, the lien on the 1996 GMAC conversion van shall all be the sole responsibility of the husband. Each party agrees to indemnify and hold harmless the other party with regard to these liabilities. 3. Regarding the distribution of the assets, husband shall maintain possession and sole title to the 1996 GMAC conversion van. The wife shall maintain sole title and possession of the;;;;} 1997 Honda Accord and her thrift savings plan that she has acquired through her employment with the federal government. 4. With regard to the husband's military pension, the parties agree that this shall be distributed through a Domestic Relations Order that shall be prepared by husband's counsel to allow for the deduction of 37.5% of the monthly pension fund to be distributed directly to the wife. The SBP election shall remain in full effect as it has currently been elected. The parties reached the figure of 37.5% by calculating that the marital portion of the pension was 75% and that the wife was entitled to one-half of that marital portion. 5. The parties also agree that the husband shall pay to wife a lump sum of $12,500.00 within thirty (30) days of the date of the divorce decree. 6. The parties further agree that the wife shall be able to collect the pots and pans that are in the husband's possession in his residence in Michigan and she shall be solely responsible for picking these pots and pans up at her convenience. 7. 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. KAYER: Rose, have you heard my description of the agreement that you have reached today with Freddie? MS. ARMSTEAD: Yes. MR. KAYER: Do you understand that agreement? MS. ARMSTEAD: Yes. MR. KAYER: And is this agreement acceptable to you? MS. ARMSTEAD: Yes. MR. MULDERIG: Fred, did you hear the agreement as read by Mr. Kayer? MR. ARMSTEAD: Yes, I did. MR. MULDERIG: Did you understand the agreement? MR. ARMSTEAD: Yes, I did. MR. MULDERIG: Are you in agreement with that? MR. ARMSTEAD: Yes, I am MR. MULDERIG: And that is your full and free choice? MR. ARMSTEAD: Yes, it is. THE MASTER: And you both understand that when you leave the hearing room today, even if you do not subsequently sign the agreement, you are bound by the terms of the agreement as stated on the record? MS. ARMSTEAD: Yes. MR. ARMSTEAD: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: J es Kay Rosemarie L. Armstead A for y fo Plaintiff Robert J. ulderig Freddie Armstead Sr. Attorney for r Defendant ' ROSEMARIE L. ARMSTEAD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO. 99 - 4094 CIVIL TERM FREDDIE ARMSTEAD, SR., Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail, Restricted Delivery, July 12, 1999. 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 the Plaintiff 5/30/01; By the Defendant 5130101. B. (1) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: none. (2) Date of service of the Plaintiffs affidavit upon the Defendant: none 3. Related claims pending: None 4. 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: none B. Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 5130101; Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary 5/30/01. / for s 57J !M1 qfe ?a n% U r Om A o o y' j m A N p m m d C4 0 a N d m o O S J N m to C i ROSEMARIE L. ARMSTEAD, Plaintiff VS. FREDDIE ARMSTEAD, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 -//,,,g CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. James J. Kayer, Esquire Attorney for Plaintiff Liberty Loft 4 East Liberty Avenue Carlisle, PA 17013 (717) 243-7922 ROSEMARIE L. ARMSTEAD, Plaintiff VS. FREDDIE ARMSTEAD, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 -foq?CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE COMES NOW, Plaintiff ROSEMARIE L. ARMSTEAD, through her attorney, James J. Kayer, Esquire and avers as follows: COUNT I - DIVORCE 1. Plaintiff is ROSEMARIE L. ARMSTEAD, an adult individual who resides at 539 Cascade Court, Sewell, New Jersey, 08080 2. Defendant is FREDDIE ARMSTEAD, SR., an adult individual whose address is P O Box 243, New Cumberland, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 14, 1983 in Manila Philippines. 5. A divorce complaint filed in Dauphin County by the husband has been withdrawn and discontinued by the husband effective March 1999. 6. Defendant is an active member of the United States Armed Forces. 7. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) of the Divorce Code. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. x WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Respectfully submitted, jLibeAve er, + qu' e 1 13 (717) 243-7922 VERIFICATION OF PLEADINGS The foregoing document is based upon infnrmation which has heen gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my counsel and not my own. I have read the statements made in this document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counscd in inakiue this Verification. 1 understand that false statements herein are made subject to the penalties of 18 PA. C.S. § 4904, relating to unsworn falsification to authorities. Date: & - / `/ - 9 9 , 1999 7ZZ" ? / Q , ?r .,c. ;.1;i F- El Q r co a c3 ?~ h ? h C Om N N O 0 ? y ?m y' ' N = A o m 7 p0 m a o, co cr 0 N j = p 0 c O C O W 7 C fD ROSEMARIE L. ARMSTEAD, Plaintiff VS. FREDDIE ARMSTEAD, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 4094 CIVIL TERM IN DIVORCE PETITION FOR RELATED CLAIMS UNDER DIVORCE CODE COMES NOW, Plaintiff Rosemarie L. Armstead, through her attorney, James J. Kayer, Esquire and avers as follows: COUNT 1- EQUITABLE DISTRIBUTION 1. Petitioner is the Plaintiff above named, who currently resides at195 Fries Mill Road, Building Carleton 415, Turnersville, New Jersey. 2. Respondent is the Defendant above named, who currently resides at 12822 Isle Royale Drive, Dewitt, Ml. 3. Petitioner and Respondent were married on March 14, 1983 in Manila, Philippines. 4. Petitioner has heretofore filed a complaint for divorce as of the above caption. 5. Petitioner and respondent have legally and beneficially acquired property, both real and personal during their marriage from March 14, 1983 until August 15, 1998, the date of their separation, which property is "marital property." 6. Petitioner and respondent may have owned, prior to the marriage, property, both real and personal, which property has increased in value during the manage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property." 7. Petitioner and respondent have been unable to agree as to an equitable division of said property to the date of the tiling of this petition and substantial portions of said property are in the exclusive control of respondent. WHEREFORE, the Petitioner requests the Court to equitably divide all marital property and to enjoin petitioner and respondent from the removal, disposition, alienation, or encumbering of all real and personal property of the parties. COUNT' Il - COUNSEL FEES AND COSTS in full. Paragraphs I through 8 of this petition are incorporated herein by reference as though set forth 9. Petitioner has employed James J. Kayer, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel 10. Petitioner has entered into a fee agreement with her attorney, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit ["A"]. 12. Petitioner is required to employ various experts: an accountant, appraiser(s) and actuary, to review various records of respondent and appraise various properties, requests reasonable expenses to retain such experts. WHEREFORE, the Petitioner requests your Honorable Court to enter an award of temporary counsel fees, costs and expenses. COUNT III - ALIMONY 13. Paragraphs 9 through 13 of this petition are incorporated herein by reference as though set forth in full. 14. Petitioner lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 15. Petitioner requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. assets. 16. Respondent's income is higher than Petitioner's income and respondent owns significant WHEREFORE, the Petitioner requests the Court to enter an award of reasonable temporary alimony and additional sutras as they may become necessary from time to time hereafter until final hearing and permanently thereafter. Respectfully submitted, Date: ( ? ( I 1 /0 Q Janis J. KOer, % 4 Liberty enue Carlisle, P 17013 (717) 243-7922 I verify that the statements made in this complaint are true and correct. 1 understand that false statements herein are made subject to the penalties of 13 Pa. C.S. § 4904, relating to unswom falsification to authorities. /V /71019 James J. yer, 4 Liberty venue Carlisle,'P 170 (717) 243-p922 CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing PETITION FOR RELATED CLAIMS UNDER DIVORCE CODE was served on the following persons by First-class mail, postage prepaid, by forwarding a true and correct copy unto: Robert J. Mulderig, Esq. 28 South Pit Street Carlisle PA 17013 Date ]1/17/06 James Jl Kayer, 4 East Liberty E Liberty I-oft Carlisle) PA 171 (717) 243-7922 J c C c rj 0 c? r_ l? 4 ?. M O ? r Om y T W r o A f=ir A d . m ? w Q Q m !- o M -8 N O Q? ^. t O < O_ ? Co 7 C lD ROSEMARIE L. ARMSTEAD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99 - 4094 CIVIL FREDDIE ARMSTEAD, SR., Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Monday, April 9, 2001. Present in the hearing room is the Plaintiff's counsel James J. Kayer, and the Defendant and his counsel Robert J. Mulderig. Mrs. Armstead has not appeared, but for the record, it is noted, she was not required to be present today. The Master has raised an issue with respect to this county's venue. Mr. Armstead indicated that at the time the complaint was filed and service was made, he was a member of the United States Army at the base in New Cumberland which would be Fairview Township, York County, Pennsylvania. He also indicated that he was living in Harrisburg, Pennsylvania, which is in Dauphin County. Consequently, the Master does not find that there is any connection of either of the parties in Cumberland County. Wife, when she filed the complaint, was living in New Jersey. With that having been said, however, the Master has indicated to counsel that he is willing to try to resolve the issues between these parties by scheduling a settlement conference before returning the file to the Court and indicating that Cumberland County is not the correct venue. If the case cannot be resolved in this office through settlement negotiations, then the Master has indicated to counsel today that the case in Cumberland County should be discontinued and an action should either be brought in New Jersey where wife is residing or in Michigan where husband is residing. The parties where married on March 14, 1983, and separated in August 1998. There are three children of this marriage and at present the children are residing with husband in Michigan. Mr. Armstead indicated that the oldest child will be graduating from high school in a few months; the other children are 14 and 12. Wife is currently residing at 195 Fries Mill Road, Building Carleton #15, Turnersville, New Jersey 08012. Husband is residing at 12822 Isle Royale Drive, Dewitt, Michigan 48820. The Master has pretrial statements filed by counsel, but after some off the record discussions there appears to be some information which needs to be gathered in order to discuss settlement. It is noted that the economic claims have been raised by petition filed by wife on November 29, 2000, those claims being equitable distribution, alimony, and counsel fees and costs. The Master is going to ask each counsel to go on the record and indicate what information needs to be provided so that we can have all of the facts available at a settlement conference which the Master will set. Mr. Kayer, if you would speak on behalf of your client and then Mr. Mulderig. MR. KAYER: The documentation or information we still seek are closing statements or 1099s from the Janus Mercury Fund and American Century to confirm the balances that were withdrawn from those accounts. A settlement sheet from the purchase of Mr. Armstead's home in Michigan. His most recent leave and earning statement that confirms the current pension benefit as well as the SBP premium, and a completed income and expense statement that would include the most recent pay stubs from his current employer. THE MASTER: Mr. Mulderig. MR. MULDERIG: We request the blue book values on the two automobiles. We will get the one on the conversion van in his possession. Copies of the marital debt that the wife claims was had. I will have him furnish copies of the marital debt which he has referenced, that includes the liens on the respective vehicles. I am told that the wife has been a federal employee since 1993 and it is believed that she has either a pension plan or a thrift savings plan. We would like to have statements about that plan, and we would like to have copies of her income tax for the year 2000 and we will provide that also. THE MASTER: A conference with counsel and the parties is scheduled for Wednesday, May 30, 2001, at 9:00 a.m. Notices will be sent to counsel and the parties. CC: James J. Kayer Attorney for Plaintiff Robert J. Mulderig Attorney for Defendant ?,??n ?/- ROSEMARIE L. ARMSTEAD Plaintiff V. FREDDIE ARMSTEAD, SR. Defendant AN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO. 99 - 4094 :IN DIVORCE PRE-TRIAL STATEMENT OF DEFENDANT PURSUANT TO RULE 1920.33(B) 1. Personal Data: A. Date of Marriage: March 14, 1983 B. Date of Separation: August 1998 C. CHILDREN: I. Karisha Armstead DOB December 5, 1983 ii. Freddie Armstead, Jr. DOB September 14, 1986 iii. Joshua Jordan Armstead DOB November 3, 1988 2. List of Marital Assets: A. Janus Mercury Fund 849.056 shares @ $22.74 per share $19417.91 B. Military Pension $1,500.00 per month C. Security Service Federal Credit Union $34.83 D. American Century $20,646.52 E. Members First $580.00 F. Wife's Pension - Unknown 3. 4. to testify. 5. 6. 8. 9. G. 1996 GMC Van $25,000.00 Experts Testifying: No experts will be called to testify. All Other Testimony by Witnesses: No other witnesses will be called Exhibits: None known at this time. Gross Income of the Parties: Husband's gross income: $50,000.00 Wifes gross income: Unknown Any Disputed Items: Unknown Marital Debts: A. Husband's credit cards $10,000.00 B. Wife's credit cards $9,000.00 C. Lien on GMC Van $18,500.00 10. Proposed Resolution: Defendant has custody of the three (3) minor children, he is not receiving and has not received any child support for these children. Therefore, he should be rewarded 60% of the assets. Date Respectfully Submitted TURO LAW OFFICES 46/,Robert : Mulderig, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant ROSEMARIE L. ARMSTEAD, : IN THE COURT OF COMMON PLEAS OF rn Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. FREDDIE ARMSTEAD, SR., Defendant : CIVIL ACTION - LAW :NO. 99 - 4094 CIVIL TERM IN DIVORCE PRETRIAL STATEMENT BEFORE THE DIVORCE MASTER PURSUANT TO Pa. RULE OF CIVIL PROCEDURE 1920.33 BACKGROUND The Plaintiff, Rosemarie L. Armstead, filed a motion for appointment of the Divorce Master to address issues that were initially raised by her including equitable distribution of the property, alimony and counsel fees. The parties were married on March 14, 1983 in Manila, Philippines. They have three children who live with the defendant, Karisha Armstead, born December 5, 1983, Freddie Armstead, Jr., born September 14, 1986 and Joshua Jordan Armstead, born November 3, 1988. The parties separated in August 1998. At that time, the Defendant was just finishing his tour of duty in the United States Army. The parties resided in Carlisle, Pennsylvania and owned real estate in Sacramento, California. At that time it was agreed between the parties that the Plaintiff would relocate with the children to New Jersey so that she could move closer to ajob opportunity and that the Defendant would join her upon his retirement from the military which was scheduled for November 1999. However, the Defendant upon completing his military service relocated to Dewitt, Michigan. The Plaintiff, since the parties' separation has continued to reside in new Jersey. The Plaintiff is 40 years old, and is employed as a Window/Distribution Clerk for the United States Postal Service. She has received a bachelor's degree in education. The Defendant is 40 years old and earned a Master's degree while serving in the Army. He commenced his service with the Army on February 28, 1978 and retired at an unknown date in November 1999. He was an E-8 when he retired. Plaintiff is unaware of the Defendant's current employment and earnings. II. LIST OF MARITAL ASSETS - REAL ESTATE The Parties purchased a home at 5851 Rightwood Way, Sacramento, California during the marriage. This house was foreclosed upon by the lender and ultimately sold in a short sale on or about June 22, 1998. As the Defendant was solely responsible for the couple's finances, the Plaintiff was unaware of the fact that the house was in jeopardy due to non-payment or was actually was foreclosed upon until well after the foreclosure occurred. The Plaintiff currently lives in a rented apartment. The Defendant has purchased a home in Michigan and utilized the parties' joint funds that had been invested in a number of different accounts for the down payment on that home. Ill. INTANGIBLE PERSONAL PROPERTY The parties possessed significant sums in savings and a number of investment accounts at the time of the parties separation. These accounts included an IRA with American Century Services, an IRA with Janus Mercury Fund as well as accounts with Members First Credit Union, Security Service Federal Credit Union and PNC Bank. To the best of the Plaintiffs knowledge the total funds in these accounts were at least $32,000.00. Since his retirement from the military the Defendant has received monthly pension benefits in the amount of at least $1400.00 per month and will continue to receive this benefit for the remainder of his life. As the Defendant's military service commenced in 1978 and the parties were married in 1983, the vast majority of this pension was earned while the parties were married and that that portion is therefore marital property. IV. TANGIBLE PERSONAL PROPERTY A. 1997 GMC Conversion Van -This vehicle, currently in the husband's possession was purchased new at a cost of approximately $40,000.00. It is unknown what the present value of this vehicle is currently as the Plaintiff is unaware of the mileage or condition of the vehicle. B. 1997 Honda Accord - The wife has maintained possession of this vehicle, which was purchased for approximately $20,000.00 new. The Plaintiff has not done a valuation of the vehicle at the time of the parties' separation. C. Household possessions -The husband has maintained possession of the majority of the household possessions between the parties. It is unknown at this time whether the husband is asserting any claims as to the value of those possessions that the wife took with her. In the event that such a claim is pursued, it will be necessary to independently establish the value of all items possessed by each party. V. MARITAL DEBTS The Plaintiff is aware of the existence of an unidentified Bank card account in the husband's name at the time of the separation. She is unaware of any balance that was owed on that card. The Plaintiff possessed a Master Card of her own that had a balance of approximately $9,000.00 at the time of separation. Additionally, the parties also were paying on their respective vehicle loans at the time of separation and have continued to do so since that date. VI. EXPERT WITNESSES It is not anticipated that the Plaintiffwill call any expert witnesses. it will not be necessary to establish a present value of the military pension as it is currently in pay status and can be readily divided based upon the appropriate coverture fraction. VII. FACT WITNESSES A. Plaintiff B. Parties' children -The children will testify as to their observations and the significant abuse both verbal and physical that the Defendant caused upon the Plaintiff. The Plaintiff reserves the right to present rebuttal witnesses at the time of the hearing. Vlll. EVIDENCE AND EXHIBITS A. Appropriate statements pertaining to the value of the parties' IRA accounts bank accounts and savings accounts. B. Records pertaining to the parties' marital debts. C. Appraisal of the Defendant's current residence, if necessary. D. HUD-I Form documenting cash down payment made by husband at the time of the purchase of his home. E. LES documenting the amount of the Defendants military pension. IN. ATTORNEYS FEES AND COSTS Due to the Defendant's failure to properly respond to discovery requests and due to the disparity in incomes between the parties, the Plaintiff seeks reimbursement for her attorney's fees. X. PROPOSED RESOLUTION OF THE ECONOMIC ISSUES AND DISTRIBUTION A. ALIMONY - Wife should receive alimony based upon the disparate incomes between the parties. This marriage was a long term marriage and one in which the wife sacrificed everything including leaving her native home land in order to allow the husband to continue his career in the military. The wife sacrificed all possibility of establishing a stable career so as to allow the family to remain as a unified unit and follow the husband to his various duty stations. Additionally, wife intends to present evidence and testimony that confirm that she was the subject of significant physical abuse and that the husband engaged in multiple extramarital affairs. It was the pursuit of such extramarital affairs that caused the husband to separate from the wife. B. EQUITABLE DISTRIBUTION It is the Plaintiff's belief that distribution should be 60% her favor and 40% to the husband. Said distribution shall consist not only of the marital interest of the military pension but shall also take into account the significant marital assets that were unilaterally withdrawn from the parties' accounts to purchase the husband's current home. The husband is in a position to refinance the obligation on his home sufficiently for him to make a lump sum payment to the wife in consideration for the equitable interest in the marital property, with the exception of the military pension which should be divided between the parties based upon the appropriate coverture or fraction and with an allowance made for the provision for survivor benefits for the wife. Respectfully submitted, KAYER AND BROWN Date: // (//d CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Pretrial Statement Pursuant to Pa. Rule of Civil Procedure 1920.33 was served on the following person(s), First class mail, postage prepaid, by forwarding a true and correct copy unto: Robert I Mulderig, Esq. Turo Law Offices 28 S. Pitt Street Carlisle PA 17013 and E. Robert Elicker, Divorce Master 9 North Hanover Street Carlisle PA 17013 Dated: 0 r and J. K Carh le, P 17013 (717 243- 2 ROSEMARIE ARMSTEAD, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION -LAW :NO. 99-4094 CIVIL TERM FREDDIE ARMSTEAD, SR. Defendant :IN DIVORCE PRAECIPE Please enter my appearance on behalf of the defendant in the above captioned case. September 21. 2000 Date _?///A.e Robert J. MYlderig, Esq Turo Law Offices 28 S. Pitt St. Carlisle, PA 17013 Attorney for Defendant N U °- _ J <2 N o U Kai A Pfc , °.'. Liberty;Loft • 4 E.l ROSEMARIE L. ARMSTEAD, Plaintiff VS. FREDDIE ARMSTEAD, SR., Defendant r and:Brown ,. slonalCorpbratiob:' ? r?{. rty,Aventie • Caelisle PA 17013 7)243=7922. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.99-4094 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO Pa. R.C.P. 1920.4(a)(1)(ii) COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND I, James J. Kayer, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff, ROSMARIE L. ARMSTEAD, and that he did serve a true and correct copy of the Notice to Defend and Complaint in Divorce that was filed in the above matter, by U.S. Mail, postage prepaid, certified with restricted delivery, return receipt requested, unto the Defendant, FREDDIE ARMSTEAD, on July 3, 1999. The return receipt is attached hereto. Sworn to and subscribe efore me tMt`s- ay o 1 9 7 Jt I (.? 71arit6(V44 tary Pu lic NOTARIAL SEAL I also wish to receive the .CompeteIt=1 6W& 2 for addlaw services for an DENISE PINAMONTI, Notary Public •C;omoste hens 3,N, and eb- folkyMng aerv Carlisle Borough, Cumberland County 'Pd'dva'rn°'n•sna ed°'we°_^B'e'^`Ae°otW°k""r°tlut "'°•"ret?x" this extra tee): . M Cnm;n?s-tH sion Ex res Nov.20, 2000 °•`d t y -' Cpa?rd, NMis roanto Me hoot Dior nsllpea, on Ow berkn Wece dm not 1 ?.. h °' . 0 Addressee's Address Wdte•Rwum Reoelpt Resuee/sCan ns me101su oebwtlredtle nxmer. 2.8 R•strlded Delivery The Rstum ReaIR vAp Now to whom tls adds wn dav«.d °nd ns date Consult postmaster for tee. ff. 3. Artlde Addresesd to: 4a. Ari Number 4b. Servke Type ? Registered B'EeAMed tl\? U111 ?L?1??(S.I?CI ? Exp Mall ? Insured. Recelpl for Momhandss O ODD i1o1 7. Date of Delivery A - 3 19§1 S. Btcelved By: (Pdn ame) B. Addressee's Address (only If requested rC C? r +? c_ and fee Is paid) . N B. Sign r • dd U , r X .2 PS Form 3811, December 1094 WMW97-e-0179 Domestic Return Receipt n iv ?.r LL« mu CIN O cr% U r ns m D > y r o pl T N y' to = it,a m d Q < n V 0 W N N ? O K 0 » j W > C N ROSEMARIE L. ARMSTEAD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW :NO. 99 - 4094 CIVIL TERM FREDDIE ARMSTEAD, SR., Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVOI UNDER & 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 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. AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 2, 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. I verify that the statements made in this Waiver and Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. DATE: 5 30 2001 o{ a. L c ROSEMARIE ARMSTEAD 1 J I l? ROSEMARIE ARMSTEAD, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION -LAW :NO. 99-4094 CIVIL TERM FREDDIE ARMSTEAD, SR. Defendant :IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 2, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. 30 Ll Lgol 4, /"t - yZ12/ YW. Date I Freddie Armstead, Sr. . -? _, ,. ?:? ?: ROSEMARIE ARMSTEAD, Plaintiff V. FREDDIE ARMSTEAD, SR. Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION -LAW :NO. 994094 CIVIL TERM IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. 30 Mast Zoo, Date Freddie Armstead, Sr. '_.. J Husband Wife Assets Members 1st IRA x American Century IRA x Janus Mercury Fund x 1996 GMC Conversion Van x 1997 Honda Accord x Security Service Checking Account x Security Service Savings Account x Member's 1 st Checking Account x Member's 1st Savings Account x Thrift Savings Plan x Total Assets $13,200.00 $20,546.52 $19,417.91 $7,430.00 $7,810.00 $34.83 $7.20 $79.40 $72.63 $770.33 $69,368.82 Husband Wife Liabilities Mastercard x $9,000.00 Visa x $10,000.00 IRS x $29,583.44 lien on van x $18,500.00 Total Debt $67,083.44 Military Pension Fund x $1414.99/month 0.375 net assets $2,285.38 50-50 split 1142.69 possesion assets $60,788.49 $8,580.33 possession liabilities $58,083.44 $9,000.00 subtotals $2,705.05 ($419.67) husband to wife ($1,562.36) $1,562.36 totals $1,142.69 $1,142.69 ROSEMARIE L. ARMSTEAD, Plaintiff VS. FREDDIE ARMSTEAD, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 4094 CIVIL IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: James J. Kayer Rosemarie L. Armstead Robert J. Mulderig Freddie Armstead, Sr. Counsel for Plaintiff Plaintiff Counsel for Defendant Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 30th day of May, 2001, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: April 9, 2001 E. Robert Elicker, II Divorce Master N [?z71 G W U] Q a C a 0 H W r4 S O ?I I I ?I r 'C N b U U_ UJ 0 U N i O U t'1 N_ U U C y .G b r? N N O U u 0 in 0 a 0 n 4 O .i Cn .O 110- U fi r.) L': N U 1U bn 4) U U N w V ld L. N a 0 a N C R1 N N G s c? 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U 0 s W ra C T N a o E = aF °o ? 00 'C ro U ro N U N U V ? y o ;; A y `a d m ro o ? U ?` °? O O C r ro ? O '~ T p C ? H ?y C O O U O Q Vf d C O O O U ro ? 0 a a a cn Q ? 0 0 ? Y Y o A? oC. w Y .C ?1 O N O N A .., N N H 0 ? ro y ZU ro U ? v. o x? ro 'O w U U N Q O O O 0. ? z .-. fV n 0 GO oOD a ROSEMARIE L. ARMSTEAD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 4099 CIVIL FREDDIE ARMSTEAD, SR., Defendant IN DIVORCE TO: James J. Kayer Attorney for Plaintiff Robert J. Mulderig Attorney for Defendant DATE: Wednesday, October 18, 2000 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. Plaintiff awaits bank statements from three (3) PNC bank accounts held by the defendant at the time of separation. These statements were requested in formal discovery previously submitted to the defendant. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. A motion to compel has been filed regarding the out- standing discovery and a conference has been scheduled for Thursday, November 9, 2000 at 10:00 a.m., before Judge Hess. I o/zs /oo / DATE COUN SEL FO L4,INTIFF (?() COU EL F DF ENDANT ( ) 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. ?Fo N ...' CJ (C'? eH U ' ?7 O f7 .. .J ROSEMARIE L. ARMSTEAD, Plaintiff VS. FREDDIE ARMSTEAD, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 4094 CIVIL IN DIVORCE TO: James J. Kayer Attorney for Plaintiff Robert J. Mulderig Attorney for Defendant DATE: Wednesday, October 18, 2000 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. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to ncomplete discovery. / I RGui2GrL1 ..CO ?,(?1.?/(/cE1?' ?.ZOao 6++. ?i? . DATE COUNSEL R PLAINTIFF ) COUNSEL FOR DEFENDANT (k-T' 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. ROSEMARIE L. ARMSTEAD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW FREDDIE ARMSTEAD, SR. NO. 99-4094 CIVIL TERM Defendant IN DIVORCE IN RE: PLAINTIFF'S MOTION TO COMPEL ORDER OF COURT AND NOW, this 9th day of November, 2000, in light of the defendant's compliance in this case, the within discovery motion is deemed moot. James J. Kayer, Esquire For the Plaintiff Robert Mulderig, Esquire For the Defendant :bg By the Court, (xu1 A. Hess, J. Ke7, ? ? -0],?Lu 11-13-00 A-5 .pY.' ' 1I •IJ CU;:::_..._ Kayer and Brown Attorneys At Law A Professional Corporation Liberty Loft 4 E. Liberty Avenue Carlisle, Pennsylvania 17013 e-mail: jkayer®epix.net Telephone: (717) 243-7922 FAX: (717) 243-0946 January 4, 2001 Robert J. Mulderig, Esq. Turo Law Offices 28 S. Pitt Street Carlisle PA 17013 RE: Armstead vs. Armstead Dear Bob: Please find enclosed the Master's Pretrial Memorandum that I have prepared. I made a point of attaching those other items including recent pay information from my client to this document as I know that you have been seeking financial information from her for quite sometime. Please let me know if there is any other information that you require. Very truly yours, JJK/vjg cc: Rosemarie Armstead [ql-/O)?? INCOME AND EXPENSE STATEMENT OF -"_,?Q,y_{"1'•7 ci. rPet- LOpc I_ /1 r mry -,4 -,,d SSAI-/72 •4--q• C932 9 DR4 DATE THIS STATEMENT MUST BE FILLED OUT (II You are self-employed or it you are salaried by a business of which you are owner in whole or in part, you must also It:( cut the Supplemental Income Statement which appears on the last page of this Income and Expense Statement.) INCOME (a) WagesiSalary Employer &Address Y1tle-d ??r o Ya?Jn? s•.-y,? Job TilleirDescription W,nglg? C/o L Payy Period (weekly, biweekly, monthly) /99 Grdss Pay per Pay Period ............. ;....................................................... Payroll Deductions: Federal Withholding ..................5 /87 . Gq Social Security ........................... S_ ft&•Ae Local Wage Tax ..........................S State Income Tax .......................S a7X,, TI Retirement ..................................S /.S- Cr 1 19 Health Insurance ........................S ?J •O I Other (specily).:% :;+,•, ??G;3_ (? 3, 7C f,((?{mtn?........... S ah?.CO (fir Net Pay per Pay Pe)i88 . .............. (b) Other Income Week Interest/Dividends Pension/Annuity .. Social Security .... Rents/Royal ties ... Expense Account Gifts ...................... ..S ..5C .5 / y .S S Unemployment Compensation.S Workmen's Compensation ........ S_ Total, Other Income .......................S C _ .t9????•?CwrocN /v./V Off' J ., 141," ''.3f .?aoo Month S 5 S S 5 5 5 V INCOME AND EXPENSE SE STATEMENT OF // O I verify I)aI the slat emen is made in this Income and Expense state. ment are true and correct. I understand that (also statements herein are made subject to the penalties of 18 Pa.C.S. 4$(14 relating to unsworn falsification to authorities. Plaintiff or Defendant s Y7a. A1o Year .S I S S 5 5 ? __o - Household Week EXPENSES H-.,._ Mort;age. Rent .................................... .... S _ t.ta:ntenance ........................................ ... S - Utilities (telephone, heating electric, etc.) .................................... :... S_ Er-plcyment (transportation, lunches) ............................................ ... S _ TaAes Real Estate .............................................. S Personal Property ................................... S _ Income ..................................................... S Insurance n. ' i? ......................... Homeowners ..( . S Automobile .............................................. S _ if AccidenliHealth .............................. S Other ........................................................ S - Automobile (payments, fuel, -1 1"F'5 repairs) ...... ?1?0..:.?°.: ............... . S - ? ?.Soc _N, 3 _r J Medical 't of I v Doctor. Dentist, Orthodontist...'.......... $_ Hospital ................................................... S _ Special (glasses, braces, etc.) ............... S _ Education Pri•.ate, Parochial School ....................... S College ..................................................... S _ Personal Clothing ................................................... S _ Food ......................................................... S Other(household supplies, barber, etc.) .......................................... S _ Credit payments and loans .................... S _ Miscellaneous Household help/child care ..................... S _ Entertainment (inc. papers, books, vacation, pay TV, etc.)............ S _ Gifts/Charitable contributions .............. S _ Legal Fees ............................................... $_ Other child support/alimony payments ............................................. S - ... Other (specif " ....`P4w M ? ... ?..... . Y).....:??...... S _ 4 ? Total Expenses ............................................. S - Child Household Child Week Mcnth Month S_ S -115" 0v S S 5 S S S 500.00 S S S / 00,00 S S S S S S S 5 ?gc7f . joo ?l"r' 5" S g S 00 L2 4, S S S 1,00 S S S ?' 0 S S S S S S S S S - S S S - 5 S S - S S S - S S - S 100-„200 S S S T S S S S`On S S g 5 -0,00 S S 5 - S ) ov, oy $ S g - S ico,co g < S Zi-?O.B? -? Ste" S S S S S S S S - PROPERTY OWNED Checking Accounts ... Savings Accounts .......... ........... Credit Unicn .................... Stocksreonds ............. .................. Rea! Estate ...................... ...................... Other ................................ ................................ Total, Property ..................... INSURANCE Company Ownership' Value H W J S 6'0,00 S _ ? $ cc, 00 - $ - - -- S - S S $ - - S - - Coverage' Potlcy No. H W C Hospital .. ............... Medical ........?? k.?.. ?r / 6 /Hi ?S ?ricl/ Health/Accident .............. Disability Income ....a....... Other (dental, etc.) ..F!:S-?"?,??'%+- SLR ('H - Husband, W -Wife. J - Joint, C - Child) l79 bL/ cJ d?r_ ?? ? ? .. SUPPLEMENTAL INCOME STATEMENT A. This form must be filled out by a person who (check one): (1) operates a business or practices a profession; or (2) is a member of a partnership or joint venture; or (3) is a shareholder in and is salaried by a closed corporation or similar entity. B. Attach to this statement a copy of the following documents relating to the business, profession, partnership, joint venture, corporation or similar entity. (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. C. Name and Address of business: Telephone Number D. Name and Address (if different than C) of accountant, controller or other person in charge of financial records: E. (1) Annual income from business ............................................................................................. (2) How often is income received? ............................................................................................ (3) Gross income per pay period ............................................................................................... (a) Net income per pay period ................................................................................................... (5) Specific deductions if any .................................................................................................... Description 7l5-lco4/ ( .e.rL,..- el 2;?? 0 J a O r ? gI oI ? T u „J U\ ? '? c ?3 \I `I u 7 ? o ? I ?I c I u ? I OI T c \ o o I I ? I r` o U H = I cl \I \I r .. ? E ? \ \ Op H L L•1 H C p I I O L LL J t? ? 7 U N v ) H u = O L _ l? i \I < H u T L .. H r L o E \ J L U " O . 9I i I r U V ••• \ :J L T E I u V I E 'i i •• U u " N 7 0 " I I T o \ \ \ o u u I I 7 :1 ? I I U ? \ r \ V C r. Q r I I ` L r• S I I mo o u n C e o I I ? o o u ??D S\ \ [? - i ? S u T.O ? I I r \ \ L C L ^ I I O L O `V " " I I U L •• y 61 l• . H _ O - .• a .r p J L t) : ? 4 J -) • u j n 3 = rJ J T`7j rz -,S t `Y O 3O O p 'X ?,n 3 V) ,a?p I? ? ? ? o 0 8 ? T _ m ? ? ? \ IT ? I ? oho ??? a t?) I? u - U ^ 1 H U ,?` t.1 O re J? to r- O `h O vj , vz? ?I -S l„ rSl ; ?1 ry N J 7 'J 'J _ J •-? UNITEDSTATES J POSTAL SERVICE BLACKWOOD POST OFFICE 200 DAV STOWN ROAD BLACKWOOD, NJ 08012-9998 December 1, 2000 TO WHOM IT MAY CONCERN: This letter certifies that Rose Armstead, Part-time Flexible clerk works for the Blackwood Post Office. Mrs. Armstead is guaranteed only two hours per pay period which is biweekly. Mrs. Armstead has been working 40 or more hours per week because we are currently working shorthanded. If you have any questions, please contact me or Ed Delesandro at 856-227-1710. Sinc ely yours, tin-ru.'' 4n?? ermenma P. Whitt*on Of ficer-in-Charge CC: file N aab O YSJVVJVSJ TT NN a M1R NMMN.. N N MMI/11/1MMMMn "?I?Ni??, l? n nn? "ae?'ooooco h N du ON Yu U w x.tIAN LLLLluEwt gs6g ?i3 M M ro ro.o ?ro?e ?ro?mp0 IOO(Ob Q?j?J&pppPpPP PPP 000 GOO g ?OOOO? 1 88yy?????BB? 66?Y.Y6Gi tpQGt? {jmJ?? J{gJq{ff J.?J pyJiyJ R??i.R??Y?^^ M_r_+FFF?FFV1 K p? p??y?ypZ R? SSSSSSSSS? I?wn l?wwr.hps???yyPip?? 3???5t4?WW? 'NC.O+O+o ssaze'iN ti iZHFf iNW\ N uV+OiFr {FAY Q?y_fi .ti j4N ZiNZNNzLL a b.=.JJ<F\F W?« \ I.1 M 6 1V??N I 0 Y = o y? V ?.. 6 w s ?m W o? i ?G =rfi ............ &885 ?? Msi;A b:a uNi 3 !' v ® ? W ! pK> ?p/??r? >p ?6r?WOiu 1}Z yyy??? W ((i??lYYil1iiN NyyJ?rr//?? 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ARMSTEAD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW NO. 99 - 4094 CIVIL TERM FREDDIE ARMSTEAD, SR., Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER claims. L. Armstead, Plaintiff, moves the court to appoint a master with respect to the following (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is nearly complete as to the claim(s) for which the appointment of a master is requested. (2) The defendant has appeared in the action, and is represented by Robert J. Mulderig, Esq. (3) The statutory grounds for divorce is 3301(d). (4) Delete the inapplicable paragraph(s): (a) The action is contested with respect to the following claims: Distribution of property (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take six to eight (6 to 8) hours. (7) Additional information, if any, relevant to the motion: None. Date: October 6, 2000 James . Kafir, Esq. 4 E Li rty Avenue % Carl le, A 17013 (71 243-7922 Attorney for Plaintiff ORDER APPOINTING MASTER ?GiTC11? ?L Attorneys Fees and Costs Alimony AND NOW, 2000, 21L- Esquire, is appointed master with respect to the following claims: BY THE COURT: J. '0C C? • r:• ... .,, , .. .,..;: „t CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Appointment for Master was served on the following person by First-class mail, postage prepaid addressed to: Robert J. Mulderig, Esq. Turo Law Offices 28 S. Pitt Street Carlisle PA 17013 Date: October 6, 2000 u^ J 4 E. ibertk Avenue C sle, PA 17013 (717)243-7922 r7 i i _I Q 0 m N vA r o 01 y fD m N 1 A N A N .7 m W< <,o, 44 r-a e ii o o w r m M ROSEMARIE L. ARMSTEAD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW 99-4094 CIVIL FREDDIE ARMSTEAD, SR., Defendant IN DIVORCE IN RE: PLAINTIFF'S MOTION TO COMPEL ORDER AND NOW, this r day of September, 2000, a brief argument on the plaintiffs motion to compel answers is set for Thursday, November 9, 2000, at 10:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, James J. Kayer, Esquire For the Plaintiff Freddie Armstead, Sr. Pro Se :rlm v L?W $ ? Q- ;, ?_ ,.: ?: AUG z s 2000P- ROSEMARIE L. ARMSTEAD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION - LAW NO. 99 - 4094 CIVIL TERM FREDDIE ARMSTEAD, SR., Defendant : IN DIVORCE ORDER OF COURT RULE TO SHOW CAUSE IN RE: MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS IN RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW, this day of 2000, a Rule is issued upon the Defendant to show cause why he should not be held in contempt for failing to Answer the Interrogatories and for failing to supply documents in response to the Plaintiffs Request for Production of Documents. This Rule is returnable as follows: BY THE COURT, J. } ROSEMARIE L. ARMSTEAD, Plaintiff VS. FREDDIE ARMSTEAD, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.99-4094 CIVIL TERM IN DIVORCE MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS IN RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS COMES NOW, the Plaintiff in the above matter, by her attorney, James J. Kayer, Esquire, and request of this Honorable Court that it direct the Defendant to respond to the Interrogatories and to produce documents in relationship to the Request for Production of Documents request. In support of this request, Plaintiff avers as follows: 1. On June 28, 2000, the Defendant was served with the attached Interrogatories and Request for Production of Documents, by U.S. Mail, through her attorney, James J. Kayer, Esq. 2. To date, there has been no response to this discovery. 3. Because the Defendant resides out of state, there are few opportunities to attempt to resolve the matters at issue in this divorce and resolution of any economic issues is impossible absent full disclosure by the defendant. WHEREFORE, Plaintiff respectfully requests of this Honorable Court that it enter a Rule upon the Defendant to show cause why he should not be held in contempt for failing to respond to the attached discovery request. Respectfully submitted, James J. Kayer, sq re Liberty Loft / 4 Liberty Ave46 Carlisle, PA 17013 (717) 243-7922 Date: CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Motion to Compel Answers to Interrogatories and Production of Documents in Response to Request for Production of Documents was duly served upon the Defendant by First-class mail, postage prepaid, by forwarding a true and correct copy unto: Mr. Freddie Armstead, Sr. 12822 Isle Royale Dewitt MI 48820 Date (?? 5?°vUJ Jam J. Ka r, quire 4 East Lib y enue Libirty L7ftr Carlisle, PA 17013 (717) 24'3-7922 0 >s 3 N 00 Ll m p N N a R U n a m CO 'r V c cm F?- d ?a C M2 JN Y ¢ co a J 0' L ROSEMARIE L. ARMSTEAD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW NO. 99 - 4094 CIVIL TERM FREDDIE ARMSTEAD, SR., Defendant : IN DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Freddie Armstead, Sr. 12822 Isle Royale Dewitt MI 48820 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any Statements, records, invoice or other documentation that reflects the account balances as of August 1998 of the following accounts: 1. Members First Credit Union, Acct.: 33350-10 2. Chase Manhattan Bank American Century Services Corporate Agent (IRA Acct) 3. Janice Mercury Fund, Janice Service Corporation Acct.: JSCJM04800202407878 4. PNC Bank National Association - Acct.: 60300000031700063561 5. PNC Bank National Association - Acct.: 60200000005000761929 6. PNC Bank National Association - Acct.: 699000010110 0320130 7. PNC Bank National Association - Acct.: 699000010110 1380801 8. Homeside Lending Inc. Acct.: 13662326 9. Security Service Federal Credit Union (Savings Account) at: 4 East Liberty Avenue, Carlisle, Pennsylvania 17201. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within'twenty (20) days after its service, the party serving this subpoena may seek a court order compelling to you to, comply with it. This subpoena was issued at the request of the following person: A Ja es J. squire At rney r th,L Plaintiff Iii 1: 50$ 8 4`Liberty Avenue Carlisle, PA 17013 (717) 243-7922 Date: Kayer and Brown Attorneys At Law A Professional Corporation Liberty Loft 4 E. Liberty Avenue Carlisle, Pennsylvania 17013 e-mail: ikayer@epix.net Telephone: (717) 243-7922 June 28, 2000 Mr. Freddie Armstead, Sr. 12822 Isle Royale Dewitt MI 48820 RE: Armstead vs. Armistead - In Divorce Dear Mr. Armstead: FAX: (717) 243-0946 As you may recall, this office represents Rosemarie Armistead in her legal affairs. Please find enclosed a request for Production of Documents, which has been filed, and now being served upon you with regard to your divorce. Based upon my review of my predecessor's file, I am aware of the fact that you have not always responded to formal discovery request of this kind in a timely manner. Please note that I will seek all relief available to me including the impositions of sanctions of cost if you do not comply with this discovery inquiry. I PS Form 3800, April 1995 p sit' ,$ n ?,^ m S 9 Y, o- 3 w ?, a $ n Q % I m ,8 3 o, T yp ? T B o- ? Yg o n $ y N IN (? 0 w cr Very truly yours, Ja esj.K er o i MC n o ? u ?•E t ??j ?l??\ =- 0 2 N 1W °'M w d d n o'' m CD to w o -a: d n N -$ q .v., Kayer and Brown Attorneys At Law A Professional Corporation Liberty Loft 4 E. Liberty Avenue Carlisle, Pennsylvania 17013 e-mail: jkayer0epix.net Telephone: (717) 243-7922 Mr. Freddie Armstead, Sr. 12822 Isle Royale Dewitt MI 48820 August 29, 2000 RE: Armstead vs. Armstead - In Divorce Dear Mr. Armstead: This letter is a follow-up to our telephone conversation of August 25, 2000. FAX: (717) 243-0946 During that conversation you advised me that you do not have a copy of the subpoena to produce documents and things for discovery that I have previously forwarded to you in June. I am enclosing another copy of that Subpoena for your reference. I anticipate receiving shortly from the Courthouse an order arising from the Motion to Compel Discovery that I have filed due to the fact that we did not receive a timely respunse to our original Subpoena Request. Based upon the conversation that 1 shared with you, it is my understanding that you will be contacting all of the relevant financial institutions to obtain documentation of what account balances existed at the time that you separated in August 1998. Once you have obtained those documents, please forward them to me so that you will satisfy your obligations under the subpoena. In the event that a financial institution indicates that that documentation is no longer available, please provide me with written confirmation of this fact. Quite frankly, I do not believe that this will be the case as financial institutions of this type usually has a records retention policy that would be well in excess of 2 years in duration. I look forward to obtaining these documents from you in the near future. JJK/vjg Enclosures cc: Rosemarie L. Annstead Very truly yours, Jad1e, T Kay r J 46 OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 Nonh Hanover Street Carlisle, PA 17013 (717) 2406535 E. Robert Elicker, 11 Divorce Master West Shore 697-0371 Ext. 6535 Traci Jo Cotyer Office Manager/Reporter December 4, 2000 Jomes J. Kayer, Esquire KAYER & BROWN Robert J. Mulderig, Esquire TORO LAW OFFICES Liberty Loft Noble Mansion 4 East Liberty Avenue 28 South Pitt Street Carlisle, PA 17013 Carlisle, PA 17013 RE: Rosemarie L. Armstead vs. Freddie Armstead, Sr. No. 99 - 4094 Civil In Divorce Dear Mr. Kayer and Mr. Mulderig; I have received a petition filed by the Plaintiff Rosemarie Armstead raising the economic claims of equitabie distribution, alimony, and counsel fees and costs. The petition was filed with the Prothonotary's office on November 29, 2000. Consequently, I am going to issue a directive for the filing of pretrial statements. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Tuesday, January 2, 2001. Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing conference with Mr. Kayer and Mr. Mulderig, Attorneys at Law 4 December 2000 Page 2 counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. 4h OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer Office Manager/Reporter November 15, 2000 West Shore 697-0371 Ext. 6535 James J. Kayer, Esquire Robert J. Mulderig, Esquire KAYER & BROWN TURO LAW OFFICES Liberty Loft Noble Mansion 4 East Liberty Avenue 28 South Pitt Street Carlisle, PA 17013 Carlisle, PA 17013 RE: Rosemarie L. Armstead vs. Freddie Armstead, Sr. No. 99 - 4094 Civil In Divorce Dear Mr. Kayer and Mr. Mulderig: I presume that the argument before Judge Hess scheduled for November 9, 2000, has been completed and that you are now in the process of complying with whatever directive the judge made regarding discovery. I am, therefore, wanting to move this case forward to conference and hearing; however, a review of the file indicates that although a divorce complaint was filed on July 2, 1999, raising grounds for divorce of irretrievable breakdown of the marriage, no economic claims have been raised by either party. Consequently, I will not issue a directive for pretrial statements until counsel have advised as to their intentions regarding the filing of economic claims. I will allow counsel two (2) weeks to raise any economic claims which they wish to raise on behalf of either party; if no claims are raised within that time period, I will prepare an order vacating my appointment. Mr. Kayer and Mr. Mulderig, Attorneys at Law 15 November 2000 Page 2 I assume that grounds for divorce are not an issue and that the parties will sign affidavits of consent. No fault grounds have been raised. Very truly yours, E. Robert Elicker, II Divorce Master VS. DATE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. N A? L{?CIVIL 19 IN DIVORCE STATUS SHEET ACTIVITIES: w . r? tG fYls Q? b1 wl? ? ?ti?s ,441 5 ?' r.m . ?a- ? jc co M rr.-. •. ..,. Q?r?? (f..,, d l rr. (t.,.. /. ?. ...! . Gbmfr. ?li U'?: /';O /?iO?r tir-. !'nr! r,:'/! !C! ?..?r` i!r r/?., 1../1.Q.tln?. /? /. ,{l.•t?y.lJ ?a .: •C 1.=,(.(4? c, :.'r-[r..ni ?ur i/ l'..e+?':, --? j0I([.. t tr L.1!!tl?!i, .cr G%'. I n?j ,!1q/ .. a.'Jn r.f If ..rf. <7?..CLn.• /•.c...rn r/? Jq[r.Ve. , ? 1 ^ i .. t Q-t(? t/'Llr•R??SIJ ?Ap[VC/? ROSEMARIE L. ARMSTEAD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 4094 CIVIL FREDDIE ARMSTEAD, SR., Defendant IN DIVORCE TO: James J. Kayer Attorney for Plaintiff Robert J. Mulderig Attorney for Defendant DATE: Wednesday, October 16, 2000 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. (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. ROSEMARIE L. ARMSTEAD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 4094 CIVIL FREDDIE ARMSTEAD, SR., Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: James J. Kayer Robert J. Mulderig Attorney for Plaintiff , 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 9th day of April, 2001, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 1/31/01 E. Robert Elicker, II Divorce Master James J. Kayer, Attorney for Plaintiff, filed a pre-trial statement on January 12, 2000. Robert J. Mulderig, Attorney for Defendant, has not filed a pre-trial statement as of the date of this notice.