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HomeMy WebLinkAbout99-05985 (2) f) Office of Divorce Master 9 North Hanover Street Carlisle, Pennsylvania 17013 r JAMES J. MEANS 2247 D RITNER HIGHWAY CARLISLOQA p INSUFFICIENT ADDRESS r ATTEMPTED NOT KNOWN ? OTHER ? NO SUCH NUMBER/ STREET S ? NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD 'IS 1%01-Z't'i=1 17 (i. E JAMES J. MEANS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 5985 CIVIL JUDY A. MEANS, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Thomas S. Diehl Counsel for Plaintiff James J. Means Plaintiff Lindsay Dare Baird Counsel for Defendant Judy A. Means Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 6th day of February 2003, at 1:30 p.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. Date of Notice: January 2, 2003 Very truly yours, E. Robert Elicker, II Divorce Master IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE OF PENNA. JAMES J. MEANS VERSUS No. 99-5985 JUDY A. MEANS DECREE IN DIVORCE Civil AND NOW, 31 q.."Vc, IT IS ORDERED AND DECREED THAT James J Mean , PLAINTIFF, AND Judy A. Means 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; V\,9 'vvv The terms of the marital settlement agreement dated July 29, 2005 ?? s? ,y 9a?- ? ? ? _ ?? ?? ??? JAMES J. MEANS, No. 99-5985 SAIDIS SHUFF, FLOWER & LINDSAY ATIUNNW-AT•IAW 26 W. High Street Carlisle, PA JUDY A. MEANS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : Civil Action - Law Defendant : In Divorce PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint October 13, 1999, via certified mail, restricted delivery, return receipt request. Proof of service was filed with the Court on October 20, 1999. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: August 10, 2005 By Defendant: July 22, 2005 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated July 29, 2005 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: August 10, 2005 By Defendant: July 22, 2005 Dated: P-;) C-S MaWy4 latas, Esquire SAIDIS, UFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 CERTIFICATE OF SERVICE 1 hereby certify that on this 261h day of August, 2005, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows Lindsay D. Baird, Esquire 37 South Hanover Street Carlisle, PA 17013 :Joanne M. Bartley i Paralegal to Marylou Matas, Esquire SAIDIS SHUFF, FLOWER & LINDSAY Ar RNEYS•AVUW 26 w. 111911 SUM Cadlele, PA 0e, .0 N L' :L i LL l- - G- w u- V, N LLI ?1" LL O ° U rv - " I JAMES J. MEANS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-5985 CIVIL TERM JUDY A. MEANS, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND NOW, this 19a' day of October, 1999, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, James J. Means, and states that he personally mailed a certified copy of a Complaint in Divorce to the Defendant, Judy A. Means, at 99 Beecher Drive, Carlisle, Pennsylvania by certified, restricted delivery, return-receipt requested. A copy of said receipt is attached hereto indicating service was made on October 13, 1999. Respectfully 7 Thomas S. Diehl Attorney for the Plaintiff 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 249-2407 - FAX 0 G t? f LL a Z 3i9 ue r rJk6 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Dn nnl uce Inv Inlemaliunal Mail I.q n rnversel Sent to JUDY A MEANS _ Seegi$rdMCHER DRIVE Post Off,". Stale. 8 ZIP Code CARLISLE PA 17013 Postage $ .55 Ceslified Fort 1.40 Special Delivery Fee Restricted Delivery Fee 2.75 etum Reciept Slowing to Whom A Data Dehoered 1.25 Retan Raegt Shoeiq o Whoa, Date, if Addressees Adileass TOTAL Postage A Fees $ 5.95 i'msMad or Date i ro SENDER: I also wish to receive the O • Complete items I and/or 21or addilionnl snMcns following services (for an m • Complete items 3, 4a. and AA. • Pont your name rndaddenss rn thr rovmse of this tnrm so lhnl wit emit velum this extra lee): ' m card to yyae. • Allach Ilds form to the front of Ihr mnilpmcn, W nn 1110 baLl, it r.P, does nrl - s Address 1. ? Addressee WRestricted Delivery 2) @ o L r . • Wrmn"Relum Recwpl ReeuoWd'on the maLarcn helnx file anitln n Dona, • The RaWm lleceipl will xhaw to vhmn the anrcln vms delrmmd and Ihn door . Consul[ postmaster for lee. G 0 deBVaed 3. Article A[Idressed to ta. Adiclo Number Z 339 067 266 9 4 a ¢ JUDY A MEANS nb. 5en ice Type 0 ? Registered Certified ¢° 0 u 99 DEECI{ER DRIVE El Express Mail El Insured co CARLISLE PA 17013 ? Return Receipt for Merchandise ? COD 7. Dale of Delivery Addressee's Address (Unly it re uostod R s 5. Received By (Print Name) . and fee Is paid) u C 6tl 5 u) e: (AddresseeorA 0-13-(Y X V L T un vr, nn nn!xn DOIIIDSIIC fIClUrtl RCCDIPI » PS 11, ecembns 109.1 a° CD C Lip m U i SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this Zi4' day of Jw(? , 2005, by and between JAMES J. MEANS, of Zeeland, Michigan, party of the first part, hereinafter referred to as "Husband," AND JUDY A. MEANS, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife" WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on October 28, 1989, in Cumberland County, Pennsylvania; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof, and --Page I of IS- WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: I. Advice of Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Brian C. Boorman, Esquire, and to Wife by Lindsay Dare Baird, Esquire. -Page 2 of 15- z. 3. 4. Warranty of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. Personal Rights and Se aration: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority , direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. Agreement not a Bar to Divorce Proceeding: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the party of the other party which may have occasioned -Page 3 of 15- the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terns of §3301(c) of the Divorce Code of 1980. 5. Agreement to be Incorporated in Divorce Decree: The parties agree that the terns of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 6. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he -Page 4 of l5- or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. 8. Marital Debt: Husband hereby confirms that he has not incurred any additional debt since their separation that has, in any way, obligated the other party. Wife acknowledges that she is in possession of a credit card with account number 4457490000022494, previously 4457490000011059, that is in joint names but that has only ever been utilized and continues to be utilized by her alone. Wife agrees that she shall be solely liable for this debt and shall transfer the entire balance of the debt into her name alone within twenty days of the date of execution of this agreement. Wife agrees that she shall indemnify and hold harmless Husband from any and all collection efforts related to this debt. Wife agrees that she shall not incur any further debt on this accoun: until such time as Husband is removed from liability on the debt. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. 9. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. -Page 5 of 15- 10. After-Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 11. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree that each waive any and all interest in any and all vehicles title in the name of the other party and hereby waives any interest in or any need to account for, any monies acquired by the other party for disposition of any vehicles possessed by them at the time of separation. The parties agree that they shall make no claim of any nature whatsoever to access of or ownership of any vehicles in the possession of the other parry and each hereby transfers any interest they may have by means of equitable distribution to any and all vehicles possessed by the other party to that party. 12. Reciprocal Waivers of Pension Interests: Husband and Wife agree to waive any and all right, title, or interest in the other party's Individual Retirement Account(s), Pension(s), Annuities, profit-sharing plans, or other retirement accounts or plans. 13. Warranty as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. -Page 6 of 15- 14. Spousal Support Alimony Alimony Pendente Lite and Spousal Maintenance : a.) Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. b.) Wife hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. 15. Stock and Other Securities: The parties hereby waive any and all right, title and interest they may have in any stock, mutual funds, bonds, securities or any other investments titled in the name of the other party. The parties further waive any duty to account for the proceeds of the sale of any stocks, mutual funds, bonds, or other securities which were held in the name of the other parry at the time of separation. 16. Mutual Releases: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of -Page 7 of 15- dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 17. Divorce: Husband has commenced an action for divorce against Wife pursuant to §3301(c) of the Divorce Code of Pennsylvania by filing a Complaint in Divorce docketed to No. 1999-5985 Civil Term, in the Court of Common Pleas of Cumberland County, Pennsylvania. Both parties shall, at the time of execution of this Agreement, famish Husband's counsel with signed Affidavits of Consent and a -Page 8 of 15- Waivers of Notice of Intention to request the Entry of a Decree in Divorce. It is understood and agreed that the Decree in Divorce issuing from this matter shall incorporate this Agreement. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. of the Pennsylvania Code, Act. No 1980-26. b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. 18. Legal Fees: In the review and preparation of this Agreement each party shall bear his or her own legal fees. 19. Remedy for Breach: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. --Page 9 of IS- 20. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 21. Summary of Effect of Agreement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 22. Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a parry of the marital estate. -Page 10 of 15- 23. Mutual Cooneration/Duty to Fffectuate Agreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other parry may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 24. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 25. Severability: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. -Page 11 of 15- 26. No Waiver of Default: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such parry hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 27. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal sigttificance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 28. Effect of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. --Page 12 of 15-- 29. Notices: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: a.) To Wife in care of Lindsay' Dare Baird, Esquire, 37 South Hanover Street, Carlisle, PA 17013 b.) To Husband in care of Gre & Associates at 200 North Hanover Street, Carlisle, PA 17013. 30. Waiver or Modifcation to be in Writ: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 31. Caption : The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 32. Asreement Binding nn Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 33. Governing Lain: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. -Page 13 of 15- IN WITNESS WIIFREOFP the parlieS have Sel lin'th their IlalILIS and ScaIS w IWO counterparts of this Agreement. each of which shall constitute an original. the clay and year first above written. WITNESSES: Date ( IA _S .I EA S LO, /I a-? to J ?- Z/-?? ?1j.? Q Q• 717??rS Date JUDY A. ME AS --Pa,-,e 14 of 15-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF _.C t wLL j n,,,k _ On this _Cj j:. day of &Jtj 2005, before me, the undersigned officer, personally appeared JAMES J. MEAA'S, known to me (or satisfactory proven) to be the person whose name is subscribed to the within document and acknowledged that lie executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Pubii EC4RRLSIMSLE J. ARY PUBLIC =aOS L LAND COUNTY APRIL17 2007 COMMONWEAL/1TH OF PENNSYLVAN IA COUNTY OF 0A _mbelUijr On this PL day of 200'5, before me, the undersigned officer, personally appeared JUDY A. MEAA'S, known to me (or satisfactory proven) to be the person whose name is subscribed to the within document and acknowledged that she executed the same for the purpose therein contained. --Page 15 of 14-- IN WITNESS WHEREOF, I hereunto set my hand and official seal. C?? cl r: ` ? ?i cn - CI- ? Q 00 ? M W G JAMES J. MEANS, Plaintiff V. JUDY A. MEANS, Defendant IN TI IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 59 55 C,;??4 Tarr CIVIL ACTION - LAW IN DIVORCE 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 ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. 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 GE I' LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 349-3166 I JAMES J. MEANS, Plaintiff V. JUDY A. MEANS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- CIVIL ACTION - LAW IN DIVORCE The Plaintiff, James J. Means, through his attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, James J. Means, is an adult individual who currently resides at 2247 D Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Judy A. Means, is an adult individual who currently resides at 99 Beecher Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. COUNT I- DIVORCE 4. Paragraphs one through three are incorporated herein by reference. 5. The Plaintiff and the Defendant were married on October 28, 1989 in Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff, James J. Means, respectfully requests this Honorable Court to enter a decree in divorce pursuant to 23 P.S. Q 3301(c) or 3301(d) of the Divorce Code. Respectfully submitted, Date: q- a 9 - CI CA Attorney for the Plaintiff 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 249-2407 - FAX JAMES J. MEANS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99- JUDY A. MEANS, : CIVIL ACTION - LAW Defendant : IN DIVORCE I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. J -.S J. M S, Plaintiff JAMES J. MEANS, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW JUDY A. MEANS, NO. 99-5985 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on September 30, 1999, and served on October 13, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN 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. DATE: 7- F q- n S ---- - ?J JAM J. EANS la' tiff ,? 03 N n i J rT' r L ? 6 l2 ? ° o U ? c JAMES J. MEANS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW JUDY A. MEANS, : NO. 99-5985 CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDE143301 rc) OF THE DIVORCE CODE I consent to the entry of a final decree in 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 divorce 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 files 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. DATE: 7 - 1 - D S JAME FANS, i?'iff r N ? ?- 7 J U- Q_ ? cl l C9 iil Lll Z Y ~ O N U 1 v e3 JAMES J. MEANS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 93 - 5985 JUDY A. MEANS, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on September 30, 1999. 2. Defendant acknowledged receipt and accepted service of the Complaint on October 13, 1999. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: I ' Z / U S ?2 1a4 Judy A. Mea s, Defe dant r /1151; Ebb a U-) F; i ri -. , _ N N O - O N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. :V . JAMES J. MEANS N O . 99-5985 Civil VERSUS JUDY A. MEANS DECREE IN DIVORCE AND NOW, DECREED THAT James J. Means IT IS ORDERED AND AND Judy A. Means ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAI NTI FF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the marital settlement agreement dated July 29 2005 are incorporated, but not merged, into this Decree in Divorce. BY THE COURT: 9oa ?d, z'e`O i?. _ _ ATTEST: J. PROTHONOTARY Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA----_7 V. : No. 99 - 5985 JUDY A. MEANS, CIVIL ACTION -LAW Defendant IN DIVORCE ANSWER TO COMPLAINT AND NEW MATTER Defendant, Judy A. Means, by and through her attorney, Lindsay D. Baird, Esquire, answers the Divorce Complaint as follows: 1. Denied. Plaintiff lives somewhere in Michigan. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. COUNT 1 - DIVORCE 8. Admitted to the extent Defendant can have knowledge. NEW MATTER COUNT If. - ALIMONY 9. Paragraphs I through 8 of the pleading are incorporated herein by reference as though set forth in full. 10. Petitioner requires reasonable supporbalimony to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Petitioner requests your Honorable Court to enter an award of alimony. Respectfully submitted, Date: /.?.7 0?7 1-? mdsay Da e B ird, EsR sire Attorney for efendant 37 South Hanover Street Carlisle, PA 17013 (717) 243-5732 I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pacs§4904 relating to unsworn falsification to authorities. id.. Q7kAairr_ Judy A. Iv{eans, Defendant ? ? r ? ?? ?, w -,. ?_".?? ? i- .sue J '?(:- ", ?? '•? ?.,., a tPt ?`u ,.J;. '/ p. JAMES J. MEANS, V. JUDY A. MEANS, To: Prothonotary IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 99 - 5985 CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Judy A. Means, Defendant in the above matter. Dated: November 12, 1999 By: c. ' / `zJ indsay D. Bay, Esquire 37 South Hanover Street Carlisle, PA 17013 (717) 243-5732 cc: Thomas S. Diehl lV Ly i it Lt C (h rn JAMES J. MEANS. Plaintiff V. JUDY A. MEANS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 99-5985 CIVIL ACTION - LAW IN DIVORCE NOTICE 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 you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE. CODE The parties of this action separated on July 10, 1999, and have continued to live separate and apart for a period of at least two years. ?. The marriage is irretrievably broken. 3. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if l do not claim them belbre a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: J MES :ANS, Plaintiff ,1 40 r JAMES J. MEANS. : IN TIJP. COURT OF COMMON PLEAS 01' PlaintitT : CUMBERLAND COUNTY. PENNSYLVANIA V. : NO. 99-5985 JUDY A. MEANS. : CIVIL. ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this ?IJ day of September 2001, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff. James J. Means, and states that he had cause to be mailed a certified copy of the Affidavit Under Section 3301(d) Of The Divorce Code with the Counter-Affidavit Under § 3301(d) Of The Divorce Code, to the Defendant. Judy A. Means. by certified mail. return-receipt requested. A copy of said receipt is attached hereto indicating service was made on September 12, 2001. Respectfully submitted. C-Lomas t Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX S. +sl I m 0 CARLISLE PA 1 W3 A In FoaMga s + Ir ca crvs.a F« m Return Rtra,pt F« (Endona«nt ReeuoM) C3 0 V F. 0 R«ekta4 D, R m ? IErgorean«t RePreetll G TotalP~lFa« r Serer 7a JUDY A. MEANS, - 9cx No. S_4 A,E Nl: aF0 99 BEECF?RR DRI . Stall. LPN O C ' t` rnRT.TCf.F.. PA ¦ Complete items 1, 2, and 3. Also complete Item 4 M Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permhs. 1. Ankle Addressed to: JUDY A. MEANS 99 BEECHER DRIVE CARLISLE, PA 17013 3 0013 01- =ra»m:rg 7712 O ............ .. ...... .. ?.... ..... ............. 7013 C. Spgnatture ?&„50 Agent I. X , r.g ?• 0 Addressee I D. Is ery addrem dffe t hom Hem 17 0 Yes If YES. enter delivery address below: 0 No 3. Servke Type XCenlfled Mal 0 Eepress Mail 0 Registered 0 Rehm Receipt fa Merchandise 0 Insured Mal 0 C.O.D. 4. Restricted Delivery? (E)tra Feel 0 Yas 2. Article Number (COPY from service Wbe4 7000 1670 0001 8795 7608 PS Form 3811. July 1999 DOmestk Return Rece,pt =5W6 M-1789 D of Delivery A Received (Flame Cleer9l B. J u?? I? • ?EA 'le1a? c C7 ? r,9 G. L. ILI 1(1 JAMES J. MEANS, : IN TI IE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA JUDY A. MEANS. : CIVIL ACTION Defendant : IN DIVORCE, AFFIDAVrr ()F sr,'uvtr•tr AND NOW, this 15°i day of Octoher 2001, comes Thomas S. Diehl, Fsquire, Attorney for the Plaintiff, James J. Means, and states that he had cause to he mailed it certified copy of the Notice of Intention to Request Entry of § 3301(d) Divorce Decree with the Counter-Affidavit Under § 3301(d) Of The Divorce Code, to the Defendant. Judy A. Means, by certified mail, retum-receipt requested. A copy of said receipt is attached hereto indicating service was made on October 11, 2001. Respectfully submitted Thomas S. Diehl Attorney for the Plaintiff One West I ligh Street. Suite 208 Post Office Box 1290 Carlisle. Pennsylvania 17013 (717) 24O-0833 (717) 240-0893 - FAX M1 ru C3 OCAFESURA 1700 I A L C3 rn Poeteae a sm4 117 .11 Certified re s c ?adR°`eine°wv?ed f C3 CEMW WWt R?•wr O 1mell"o""ft" $ m ? n Y A. MEANS C3 Mee(,apc Na; or PO sex -N- C3 ..4Q $1:FyvHFR nPTVV a r•aDT.TCT.F. PL E ¦ Complete Hems 1, 2, and 3. Also complete A. Renlved by k&W & Data d Rem 4 If Restricted DelNery Is desired. M I?Q ¦ PAM your name and address on the reverse C Sgrretree fro that we can return the card to you. k of the mall ieee th b hi d r?.? ,, l• ,? C 1 ' 'v 0 ? p , e ec ¦ Attach t s car to e ermits nt R h f x p . apac or on t e ro sddrees decent from Item 1? O Yes D I hkm Article Addressed to: . s y It YES. enter delivery address below: O No It JUDY A. MEANS 99 BEECHER DRIVE CARLISLE, PA 17013 3. Service lype KWieratled Mail O urress mail O Rephtered O Return Receipt for Menoltxidse Cl Inmsed Mall O C.O.D. 4. Restricted DelNay) (Extra Fee) O Yoe 2. Article Number rW ham souks reoei) 7000 1530 0002 4695 0062 PS Form 3811, July 1999 DoffmsW Return Receipt toxsvsaaNOVU ?5 JAMES J. MEANS, Plaintiff V. JUDY A. MEANS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 99-5985 CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): ? (a) I do not oppose the entry of a divorce decree. ? (b) I oppose the entry of a divorce decree because (Check (i), (ii), or both): ? (i) The parties to this action have not lived separate and apart for a period of at least two years. ? (ii) The marriage in not irretrievably 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 or other important rights. ? (b) I wish to claim economic relief, which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them to the other parry. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 3.1904 relating to unswom falsification to authorities. Date: JUDY A. MEANS. Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. JAMES J. MEANS. Plaintiff V. JUDY A. MEANS. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA : NO. 99-598: CIVIL ACTION - LAW' IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: JUDY A. MEANS, DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after November 2, 2001, the other party can request the Court to enter a Final Decree in Divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a Final Decree in Divorce. A counter-affidavit which you may file with the Prothonotary of the Court is attached to this notice. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the tight to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CONNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Bar Association Lawyer Referral Service 1-(800) 692-7375 (PA only) or (717) '38.6715 ?? z ?; LrJ?1 ?7 ?ti ? , ? - :_ :Ja ' 7 ?._ ? J _ !_ J 2 C: n 7J MISLITSKY AND DIEHL THOMAS S. DIEHL RICHARD P. MISLITSKY" KIMBERLY L. HOUGH LEGAL ASSISTANT REPLY TO: CARLISLE ONE WEST HIGH STREET SUITE 208 P.O. BOX 1290 CARLISLE, PENNSYLVANIA 17013 (717) 240-0833 14 NORTH MAIN STREET SUITE 550 CHAMBERSBURG. PENNSYLVANIA 17201 (717) 261-0208 (717) 240-0893 - FACSIMILE FILE No. 99192 January 15, 2002 Robert Elicker Divorce Master 13 North Hanover Street Carlisle, PA 17013 RE: James J. Means v. Judy A. Means No. 99-5985 In Divorce Dear Mr. Elicker: Please find enclosed Certification on behalf of Plaintiff, James Means, that discovery is complete. Very truly yours, Thomas S. Diehl TSD/klh Enclosure 'CERTIFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY A PENNSYLVANIA SUPREME COURT ACCREDITED AGENCY . ;// JAMES J. MEANS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-5985 JUDY A. MEANS, : CIVIL ACTION - LAW Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER James J. Means, Plaintiff, moves the Court to appoint a Master with respect to the following claims: ( X ) Divorce ( X ) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendent Lite ( ) Costs and Expenses and in support of the motions states: (1) Discovery is complete as to the claims for which the appointment of a Master is requested. (2) The Defendant has appeared in the action by her attorney, Lindsay D. Baird, Esquire. (3) The statutory ground for divorce is section 3301(d)-Irretrievable Breakdown. (4) The action is contested with respect to the following claims: Distribution of property. (5) The action involves no complex issues of law or fact. (6) The hearing is expected to take one day. Date: Thomas S. Diehl, Attorney for the Plaintiff ORDEIRI APPOINTING MASTER AND NOW, this day of xkeG'!"-?'?? 200/ Esquire, is appointed Master with respect to the following claims: /-U-(- By the Court: cc: Thomas S. Diehl, Esquire Lindsay D. Baird, Esquire /I • J. tin #n ?v r ?> i ., C ' ,f?] ? ?._ ?, JAMES J. MEANS, Plaintiff V. JUDY A. MEANS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5985 CIVIL ACTION - LAW IN DIVORCE CLAIM OF RIGHTS EQUITABLE DISTRIBUTION 1. Plaintiff and Defendant possess various items of property which are subject to equitable distribution by this Court. WHEREFORE, the Plaintiff requests this Honorable Court to distribute the marital property of the parties. Respectfully submitted, 0/ Date: Thomas S. Diehl Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX CERTIFICATE OF SERVICE Thomas S. Diehl, Attorney for the Plaintiff, hereby certify that a true and correct copy of the foregoing document was served on the following individuals via first-class mail, postage prepaid on the date written below: Lindsay D. Baird, Esquire Attorney for Defendant 37 South Hanover Street Carlisle, PA 17013 Date: December 2001 Thomas S. Diehl I.D. No. 78942 Q _ _ O 110 a Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99 - 5985 JUDY A. MEANS, CIVIL ACTION - LAW Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Judy A. Means, Defendant, moves the Court to appoint a Master with respect to the following claims: () Divorce () Annulment (x) Alimony ( ) Alimony Pendente Lite () Distribution of Property ()Support () Counsel Fees () Cost and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a Master is requested. (2) Plaintiff has appeared in the action by his attorney, Thomas S. Diehl, Esq. (3) The statutory ground for divorce is irretrievable breakdown. (4) The action is contested with respect to the following claims: Distribution of Property and Alimony. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take less than half a day. Date: / A3. 04 i dsay D re aird, sq. Attorney fo efendant ORDER APPOINTING MASTER AND NOW, this ??day of_ 2002, /cr-fi Esquire, is appointed master with f spect to th following claims: Divorce, Distibution of Property and Alimony. BY THE COURT: cc: Lind Dare Baird, Esquire omas S. Diehl, Esquire P J. aAAZ" - 1 9 Wj c° 'fy 01 Aq - O.-. u, C: G Z r UJ n C'j (12 'D'I 24 Pit 2: 32 CGbLPE?\SYLVANA NTY JAMES J. MEANS, : IN TI11- COURT 01: COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA V. : NO. 99-5985 JUDY A. MEANS, : CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF, ,LAMES J. MEANS, PRE-TRIAL STATEMENT PURSUANT TO Pa.R.C.P. 1920.33(b) AND NOW, comes the Plaintiff. James J. Means. by and through his attorney, Thomas S. Diehl, Esquire, and files this Pre-Trial Statement as follows: 1. List of Assets: Inventory of James J. Means, attached hereto as 'Exhibit A.' 2. Experts: It is not anticipated tHt experts will be required for the hearing. 3. Non-expert Witness: James.[. Means 4. Exhibits: (a) Pay stub of Plaintiff (b) Plaintiffs401(k) (c) Statements concerning the value of the parties' stocks 5. Plaintiff's Income: Income and Expense Statement ol'James J. Means, attached hereto as Exhibit 'B.' 6. Proposed Resolution: The Plaintiff. James Means, proposes equally dividing the stock that is determined to be part of the marital estate. Respectful AUG 2 7 2002 Date: Thomas S. Diehl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 JAMES J. MEANS. Plaintiff V. JUDY A. MEANS, Defendant IN '1'1-IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 99-5985 CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF JAMES ,I. MEANS AUG 2 7 2002 Date: Carlisle, Pennsylvania 17013 (717) 240-0833 Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 INCOME. AND EXPENSE STATEMENT Employer: Lear Corporation Address: 50 Spring Road, Carlisle, PA 17013 Type of work: Programmer analyst Payroll Number: 815 499 9432 Pay Period (Weekly. Bi-weekly, etc): Bi-weekly Gross Pay Per Pay Period: $2,084.50 Itemized Payroll Deductions: DEDUCTIONS MONTH YEAR Gross Pa $4,169.00 Federal Withholdin $784.20 Social Security 257.41 Local Wave Tax 41.70 State Income Tax $116.32 Unemployment Medicare Tax $60.28 Retirement 401k $250.14 Savin,,sBonds $ $ Credit Union Life Insurance $ Health Insurance 15.00 Pension Contribution NET PAY PER PERIOD $2.664.62 INCOME SOURCE WEEK MONTH YEAR Interest (C.D. & Mun. Bonds $ $ $89.48 Dividends Pension Annuit Social Security Rents S $ Royalties Expense Account Unemployment Con no. $ $ $ Workmen's Comp $ $ $ Gifts Other: Disability Insurance $ $ $ TOTAL INCOME $ S $89.48 EXPENSES EXPENSE WEEK MONTH Current YEYEAR Jan-Jun 1999 a Beecher St. HOME Mort ,a le/Rent 500.00 $3,000.00 Maintenance & Lawn $242.79 UTILITIES Electric 142.09 Gas Oil 342.41 Sewer Telephone Water Refuse City EMPLOYMENT Public Transportation $ Lunch TAXES Real Estate Personal Property INSURANCE Homeowners 384.90 Automobiles $ Life $ Resident $ $ Health/Dental/Vision Other AUTOMOBILES payments 448.85 $2,693.10 Puel all vehicles _ $ $ $400.40 Repairs 66.24 MEDICAL Doctor 108.32 Dentist Orthodontist $ Hospital $ 267.72 Medicine Special Needs Masses braces etc. $ $ _ $75.00 EDUCATION Private School Parochial School College Reli ious PERSONAL Clothin 536.67 Food 239.47 Barber/Hairdresser 8.00 48.00 Credit Pa menu Credit Card $1,126.19 Charge Accounts Memberships 32.00 LOANS MISCELLANEOUS Childcare/Bab sitter Papers/Books/Magazines 90.60 Entertainment Pa T.V. Vacation $ Gifts 206.16 Le al Fees Charitable Contributions $ Other: Pets 143.70 TOTAL EXPENSES $10.145.76 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904. relating to unswom falsification to authorities. J J. ME Plaintiff EXHIBIT B JAMES J. MEANS, Plaintiff V. JUDY A. MEANS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5985 CIVIL ACTION - LAW IN DIVORCE INVENTORY OF PLAINTIFF PURSUANT TO Pa.R.C.P. 1920.33(a) Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein made are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. submitted, Date: AUG 2 72002 Rl'omas S. Diehl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 I.D. Number 78942 (717)240.0833 ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the asset s on the following pages: D 1. Real property © 2. Motor vehicle ? 3. Stocks, bonds, securities and options ? 4. Certificates ol'deposit O 5. Checking accounts, cash ? 6. Savings accounts, money market and savings certificates ? 7. Contents of safe deposit boxes ? 8. Trusts ? 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ? 10. Annuities ? 11. Gifts ? 12. Inheritances ? 13. Patents, copyrights, inventions, royalties ?O 14. Personal property outside the home ? 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ? 16. Employment termination benefits-severance pay, workman compensation claim/award ? 17. Profit-sharing plans ? 18. Pension plans (indicate employee contribution and date plan vests) ? 19. Retirement plans, Individual Retirement Accounts ? 20. Disability payments ? 21. Litigation claims (matured and un-matured) ? 22. Military/VA benefits ? 23. Education benefits ? 24. Debts due, including loans, mortgages held O 25. Household furnishings and personalty (including as a total category and attach itemized list if distribution ol'such assets is in dispute) ? 26. Other 1. MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: ITEM DESCRIPTION OF VALUE VALUE TO VALUE TO NUMBER PROPERTY OR HUSBAND WIFE LIABILITY 1. REAL ESTATE: A 99 Beecher Drive Rent Carlisle, PA 17013 2. VEHICLES A. Husband's $32,00.00 Bought new June 1999 B. Wife's $2.392.95 GM Card earning to purchase new car 3. STOCKS, BOND, SECURITIES AND OPTIONS A. Sprint Stock $39,715.20 2880 Shares As of 2/27/02 B. PCS Stock $6,523.20 720 Shares As of 2/27/02 C. Altel Stock $18.253.30 328 Shares As of 2/27/02 5. CHECKING ACCOUNTS, CASH A. York Federal S&L $4,697.81 as of Jul 12. 6. SAVINGS ACCOUNTS, MONEY MARKET AND SAVINGS CERTIFICATES A. York Federal S&L $250.00 19. RETIREMENT PLANS, IRA'S A. Lear 401(k) $191.237.01 as ol'June 18. 1999 24 DEBTS DUE, INCLUDING LOANS, MORTGAGE HELD A. Automobile Loan $36.174.60 new June 1999 11, HOUSEHOLD GOODS 1 AND FURNISHINGS attach list if in dispute) A. Husband's Household Sec Attached Goods (See attached list) B. Wife's Household Goods (See attached list) TOTALS Total Marital Property If. LISTING OF HOUSEHOLD GOODS AND CONTENTS VALUED IN SECTION 1, ITEM NO. 25, ABOVE PROPERTY IN THE POSSESSION OF HUSBAND DESCRIPTION OF VALUE BASIS FOR EXCLUSION IF PROPERTY CLAIMED TO BE NON- hurricane lam MARITAL Anti ue checker ame Walnut antique accessories: Glass top coffee table, two end tables, cane rocker, upholstered stool, plant stand, bookcase Antique painted chairs: Rocker, plant chair Craftsman table saw Craftsman lathe Craftsman band saw Craftsman tabe size tools: Planer, Saber saw Craftsman and tools: Router, Saber saw. circular saw, drill Antique Craftsman joiner Simplicity lawn tractor PROPERTY IN THE POSSESSION OF WIFE DOF VALUE BASIS FOR EXCLUSION IF Y CLAIMED TO BE NON- MARITAL droom Furniture ard, foot and Highboy, two ni htstands Living Room Furniture $2.655.94 (purchase price) Floral sofa, loveseat, cherry coffee table, two cherry end tables Zenith 27• stereo television Cherry television stand Panasonic 19" television Queen-sized mattress and box springs Full-sized mattress and box-s rin s Oak kitchen table Oak carved high back chairs (6) Oak dining room credenza Antique oak round table Antique Oak Desk Antique stand-up dresser $689.94 Anti ue armoire $980.50 Living tropical loveseats (2) Antique brass bed frame Student desk and chair Dining room window air conditioner Upstairs window air conditioner Sears washer and dryer Wards chest freezer Norge refrigerator Shed $1.700.00 III. PROPERTY TRANSFERRED Plaintiff lists all marital property which was transferred within 3 years of the date of commencement of this action or was transferred since the date of separation: ITEM NUMBER DESCRIPTION OF PROPERTY DATE OF TRANSFER CONSIDERATION NAME OF TRANSFEREE None known CERTIFICATE OF SERVICE I hereby certify this 30ei day of August 2002, that a true and correct copy of the foregoing document was served on the following individuals via first-class mail, postage prepaid: Robert Elicker Divorce Master 13 North Hanover Street Carlisle, PA 17013 Lindsay D. Baird, Esquire 37 South Hanover Street Carlisle, PA 17013 B rly L HHoug Legal Assistant -? 4 1 % JAMES J.M NS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA {!T!+?_?,?Y Plaintiff CIVIL ACTION - LAW "°• NO. CIVIL 19 VVV 99 - 5985 IN DIVORCE JUDY A. MEANS 2'- 0' efendant ////??? Cp,?ob)b A' STATUS SHEET DATE: ACTIVITIES: ,o? ?1? ?t, s mr 1 (110 67( ogev ?- /damL- ?d i 1. 14 16k V"-m. i ?r.Lz.lnixt un vullYlJt w1rD'c"(12 ylWwil?"^?,CXyc l ?rr P'-knN65?1' r?Cu?lrnt, iv nh?F Y? 11? CNN ?vw JAMES J. MEANS, Plaintiff VS. JUDY A. MEANS, Defendant TO: Thomas S. Diehl Lindsay D. Baird IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 5985 CIVIL IN DIVORCE Attorney for Plaintiff Attorney for Defendant DATE: Thursday, January 3, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (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. JAMES J. MEANS Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 5985 CIVIL JUDY A. MEANS, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Thomas S. Diehl James J. Means Lindsay D. Baird Judy A. Means 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 3rd day of September 2003, at 9:30 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: E. Robert Elicker, II July 28, 2003 Divorce Master JAMES J. MEANS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 5985 CIVIL JUDY A. MEANS, Defendant IN DIVORCE .,RESCHEDULED CONFERENCE WITH COUNSEL AND THE PARTIES TO: Thomas S. Diehl Counsel for Plaintiff James J. Means Plaintiff Lindsay D. Baird Counsel for Defendant Judy A. Means Defendant A conference has been scheduled at the office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 3rd day of November 2003, 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: E. Robert Elicker, II August 25, 2003 Divorce Master LINDSAY DARE BAIRD ATTORNEY AT I.Aw 37 SOUTH HANOVER CARLISLE, PENNSYLVANIA 17013.3307 TEL (717) 243.5732 PAX (717) 243.0110 February 4, 2003 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: James J. Means v. Judy A. Means No. 99-5985 IN DIVORCE Dear Master Elicker: In your letter of January 3, 2003, you indicated the belief that Ms. Means may be without counsel. Since then, Ms. Means has been in contact with me and will be working with me to conclude the matter. We are working on putting together her pre- trial statement and wish to file it prior to the conference which is now scheduled for this Thursday, February 6, 2003, at 1:30 P.M. We would, therefore, respectfully request a continuance for the conference for a couple or three weeks in order to prepare the statement and allow counsel an opportunity to confer for a possible settlement. Thomas Diehl, Esquire, for the Plaintiff, is agreeable to our request. Thank you for your time and consideration. Respectfully submitted, CCiu.^/rc7eitc? G(.LG?? indsay DareZird, Esquire LDB/nfa cc: Thomas S. Diehl, Esquire Ms. Judy A. Means Y V?? ?/ "Ir"OV I? IVIY "? [' r,l xGhyt rf u?* LAW OFFICES OF THOMAS S. DIEHL THOMAS S. DIEHL, ESQUIRE KIMBERLY L. HOUGH LEGAL ASSISTANT REPLY To CARLISLE O ONE WEST HIGH STREET, SUITE 208 P.O. Bon 1290 CARLISLE, PENNSYLVANIA 17013 (7171 240-0833 RAC....L.'(717) 240-0893 fi 4 4 C„AMURS.ORG 14 NOnTI, MAIN STREET. SUITE SSO CH AMntR5BURO. PENNSYLVANIA 17201 (7171 2810208 ATTORNEYDIEHL@MSN COM FILE No. 99192 July 5, ?003 Robert Elicker Divorce Master 13 North Hanover Street Carlisle, PA 17013 RE: James J. Means v. Judy A. Means No. 99.5985 In Divorce Dear Mr. Elicker: Please re-list this matter for a hearing. If you have any questions, please contact me. Very truly yours, Thomas S. Diehl TSD/klh cc: Lindsay Baird, Esquire JAMES J. MEANS VS. JUDY A. MEANS I.m.,_ Plaintiff Defendant kr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL 19 99 - 5985 IN DIVORCE STATUS SHEET & AssoCI. rES Bradley L. GriHie, Esquire Marylou Matas, Esquire Hannah Herman-Snyder, Esquire Robin I Goshorn once Manager Reply to. Carlisle E. Robert Elicker, 11, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Means vs. Means No. 99-5985 Dear Mr. Elicker: 200 North Hanover Street Carlisle, PA 17013 (717) 2435551 100 Lincoln Way East, Suite D Chambenburg, PA 17201 (717)267.1350 (000)347.5552 Fax (717) 2435063 Enclosed are two fully executed copies of the Separation and Property Settlement Agreement for the above-referenced matter. Because the parties have reached an agreement and have signed copies of Affidavits of Consent and Waivers of Notice, all parties request that you vacate your appointment. Thank you for your cooperation on this matter. Very truly yours, Mary] Matas MM/msk Enclosures Cc: Lindsay Dare Baird, Esquire James J. Means Attorneys and Counselors at Law JAMES J. MEANS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 5985 CIVIL JUDY A. MEANS, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND PARTIES TO: Marylou Matas James J. Means Lindsay Dare Baird Judy A. Means 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 29th day of July 2005, 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: 5/26/05 E. Robert Elicker, II Divorce Master LINDSAY DARE BAIRD ATTORNEY AT LAw 37 SOUTH HANOVER CARLISLE, PENNSYLVANIA 17013.3307 TEL (717) 243.5732 October 14, 2003 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Means v. Means No. 99-5985 IN DIVORCE Dear Master Elicker: PAX (717) 243.8110 This office represents Judy A. Means, the defendant in the above referenced matter. At this time, there is a conference scheduled for November 3, 2003, at 9:00 A.M. Ms. Means is experiencing very serious health difficulties and has been hospitalized for quite some time and it appears as though this will continue. Please find enclosed a letter from Carol K. Robison, D.C., her primary care physician. As a result, we are asking the Master's indulgence in continuing the matter generally. We would alert the Court as soon as Ms. Means has recovered. I was unable to speak to Thomas Diehl, Esquire, Plaintiffs counsel prior to sending out this letter. Respectfully, 11 ? C l t ? tG?lltw V indsay Dar?-Baird LDB/nfa cc: Thomas S. Diehl, Esquire Ms. Judy A. Means to/14/LUUJ 11:1b 7177766003 BNC PAGE 02 FAMILY MLDICIN[ JAY A. TOWMaaND, M.D. 100 4001N "Is" STAR" JOaaPN A. PION, DA. NRw LL4. PA 17441 CAROL. K. MOalaON, MO. T4L4?4, 17171 774.2114 OUZANNN MCCOMWIL. P.A.-C. rw 17171 774.4009 October 9, 2003 Ms. Lindsey Baird, Attorney Fur 243.9110 ,Re: Judy Means Dear Attorney Baird: Judy Means will be unable to attend her divorce hearing on November 3 because of medical problems that have required and still require her hospitalization. If you need any further intormat on, pioase feel tree to contact me at 776-3114 with the patient's permission. S' r yours, Carol K. Robison, .O. CKR/bks LINDSAY DARE BAIRD ATTORNEY AT LAW 37 SOUTH HANOVER CARLISLE, PENNSYLVANIA 17013.3307 TEL (717) 243-5732 August 21, 2003 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: James J. Means v. Judy A. Means No. 99-5985 IN DIVORCE Dear Master Elicker: FAx (717) 243-8110 It has been only recently brought to my attention by Ms. Means that she will be out of town on September 3, 2003 which is the date scheduled for the conference with you. Ms. Means made the reservation and non-refundable deposit prior to the scheduling of that date. I apologize for this late notice as she has just notified me of the conflict. We, therefore, respectfully request a continuance of the conference. The possibility of a settlement is still not out of the question. Thomas Diehl, Esquire, for the Plaintiff, has been contacted and he is agreeable to our request. Thank you for your time and consideration. Respectfully submitted, /Lindsay Dare Baird, Esquire LDB/nfa cc: Thomas S. Diehl, Esquire Ms. Judy A. Means A?r ? -ttp If ?'?1 ??bs & ASSOCINtES Bradley L. Griflle, Esquire Marylou Metas, Esquire Hannah Herman-Snyder, Esquire Robin J. Goshorn Olna Manager Reply to. Carlisle E. Robert Elicker, If, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Means vs. Means No. 99-5985 Dear Mr. Elicker: 'May 18, 2005 200 North Hanover Street Carlisle, PA 17013 (717) 243.3551 100 Lincoln Way East, Suite D Chambersbur`, PA 17201 (717) 267-1350 (800)347.5552 Fax (717) 243.586) I now represent the Plaintiff, James J. Means in the above-referenced matter. Lindsay Dare Baird, Esquire represents the Defendant, Judy A. Means. By Order of Court dated January 24, 2002, you were appointed Master in this matter with respect to the claims of divorce, distribution of property, and alimony. Plaintiff has submitted his Pre-Trial Statement, Inventory & Appraisement, and Income & Expense Statement. I am not aware that Defendant has done the same. An original Pre-Trial Conference was scheduled for February 6, 2003. It is my understanding that was continued to September 3, 2003. I do not believe that ever took place. My client is anxious to move this matter forward. He requests, therefore, that a settlement conference be scheduled as quickly as possible. I have advised Ms. Baird of my intention to make this request. She indicates that at least as of this time she continues to represent Ms. Means and would actually concur with this request. My office is happy to work to coordinate a date for this settlement conference that would be convenient for all parties involved. I appreciate your cooperation on this matter. Very truly yours, )l l ?. ?? 61,4 ? (4j Mary lo 4atas MM/msk Attomeys and Counselors at Law Cc: James J. Means Lindsay Dare Baird, Esquire 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 January 3, 2003 Thomas S. Diehl, Esquire MISLITSKY & DIEHL One West Main Street Suite 208 P.O. Box 1290 Carlisle, PA 17013 West Shore 697-0371 Ext. 6535 Lindsay Dare Baird Attorney at Law 37 South Hanover Street Carlisle, PA 17013 RE: James J. Means vs. Judy A. Means No. 99 - 5985 Civil In Divorce Dear Mr. Diehl and Ms. Baird: Mr. Diehl has written a letter dated December 23, 2002, indicating that he believes Judy A. Means is without counsel. I have not had any indication from attorney Baird that she is no longer representing the Defendant. However, I think it is appropriate to move this case forward. Mr. Diehl has filed a pretrial statement with our office in August 2002. With respect to grounds for divorce husband has indicated that the parties have been separated since July 10, 1999. An affidavit under Section 3301(d) was filed on September 4, 2001. Consequently, grounds for divorce do not appear to be an issue. The economic claims raised in the action are equitable distribution (see claim of rights filed by the Plaintiff on December 18, 2001) and alimony raised by the Defendant (see new matter filed on January 23, 2002). I am going to proceed with a conference with counsel and the parties. As previously noted, Mr. Diehl filed a pretrial statement in Mr. Diehl and Ms. Baird, Attorneys at Law 3 January 2003 Page 2 August 2002 and I am uncertain as to the status of Ms. Means' representation. Enclosed is a notice scheduling a conference with counsel and the parties for February 6, 2003, at 1:30 p.m. Very truly yours, E. Robert Elicker, II Divorce Master cc: Judy A. Means, Defendant JAMES J. MEANS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 5985 CIVIL JUDY A. MEANS, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Thomas S. Diehl James J. Means Counsel for Plaintiff Plaintiff Lindsay Dare Baird Judy A. Means Counsel for Defendant Defendant A conference has been scheduled at the office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 6th day of February 2003, at 1:30 p.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: E. Robert Elicker, II January 2, 2003 Divorce Master MISLITSKY ANc) r C n": IJ r3lcli.? . emnERI V L II": `'?' whcrt Flicker I)ivorcc \-1;tAr I2(: /!rmr .l. ;Ylennc v..ludv ,1. , 1 . GT . ?.r. ... ' .. •,..17.08 mn F min nl02 rmr'Or i hckrr hich I •all in c M ??;?;•; I: a I1,n ?rrnnr•:tur P-, Trial Pleute acccp. hl` nic,Iim_ Irlriitinnel :Imc . ,C•; h:11 I`? .IIli1 I'•° 1 •P _- - L?rl? inc{ictttcd Ih,It hntIt -?:n(tF^ tit 1i' P1211{•:- • 'I1L?1 .if ? 1 .i ? ;ii •?, fnll(q<`t Artl,mey vnuh;. If {Baird nr n'' Iclt l;lh "rr i, ..1 .. r.?; rna• MISLITSKY AND DIEHL THOMAS S. DIEHL RICHARD P. MISLITSKY• KIMBERLY L. HOUGH LEGAL ASSISTANT REPLY TO: CARLISLE ONE WEST HIGH STREET SUITE 208 P.O. BOX 1290 CARLISLE, PENNSYLVANIA 17013 (717) 240-0833 14 NORTH MAIN STREET SUITE 550 CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261-0208 (717) 240.0893 - FACSIMILE FILE No. 99192 February 20, 2002 Robert Elicker Divorce Master 13 North Hanover Street Carlisle, PA 17013 RE: James J. Means P. Judy A. Means No. 99-5985 In Divorce Dear Mr. Elicker: Please accept this letter as a follow-up to my February 20, 2002 telephone call in which I indicated that both Attorney Baird and I were requesting additional time to prepare our Pre-Trial Statements, which are currently due on or before Friday, February 22, 2002. If you have any question concerning the above, please do not hesitate to contact Attorney Baird or me. Verytruly u , Thomas C. Diehl TSD/klh cc: Lindsay D. Baird, Esquire CERTIFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY A PENNSYLVANIA SUPREME COURT ACCREDITED AGENCY 4?$ OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240.6535 E. Robert Elieker, If Divorce Master Traci Jo Cotyer Office, Manager/Reporter February 6, 2002 Thomas S. Diehl, Esquire MISLITSKY & DIEHL One West High Street Suite 208 P.O. Box 1290 Carlisle, PA 17013 Lindsay Dare Baird Attorney at Law 37 South Hanover Street Carlisle, PA 17013 RE: James J. Means vs. Judy A. Means No. 99 - 5985 Civil In Divorce Dear Mr. Diehl and Ms. Baird: West Shore 697-0371 Ext. 6535 Both counsel have agreed that discovery is complete; therefore, I am going to proceed on the basis that there will be no discovery issues raised during the proceedings in this case as we go forward with a directive for pretrial statements and a pre-hearing conference. The complaint in divorce was filed on September 30, 1999, raising grounds for divorce for irretrievable breakdown of the marriage. No economic claims were raised in the complaint. On January 23, 2002, an answer to the complaint and new matter were filed on behalf of the Defendant raising the economic claim of alimony. On December 19, 2001, the Plaintiff raised by petition a claim for equitable distribution. There are no claims filed for counsel fees and costs. An affidavit under Section 3301(d) was filed by the Plaintiff averring a separation in excess of two years. That affidavit was filed on September 11, 2001. Consequently, I assume that there is no issue with regard to grounds for divorce. Mr. Diehl and Ms. Baird, Attorneys at Law 6 February 2002 Page 2 In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pre- trail statement on or before Friday, February 22, 2002. Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. Y % JAMES J. MEANS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 5985 CIVIL JUDY A. MEANS, Defendant IN DIVORCE TO: Thomas S. Diehl Attorney for Plaintiff Lindsay D. Baird Attorney for Defendant DATE: Thursday, January 3, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. /-..A 3. vim, DATE SEL F R PLAINTIFF ( ) COUNSEL F 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. e; C Fn cl? - "1liJ 1 JAMES J. MEANS, Plaintiff Vs. JUDY A. MEANS, Defendant TO: Thomas S. Diehl Lindsay D. Baird JAN 0 3 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 5985 CIVIL IN DIVORCE Attorney for Plaintiff Attorney for Defendant DATE: Thursday, January 3, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. r (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. /- is -ca DATE i 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. MISLITSKY AND DIEHL THOMAS S. DIEHL RICHARD P. MISLITSKY" KIMBERLY L. HOUGH LEGAL ASSISTANT REPLY TO: CARLISLE ONE WEST HIGH STREET SUITE 208 P.O. BOX 1290 CARLISLE, PENNSYLVANIA 17013 (717) 240.0833 14 NORTH MAIN STREET SUITE 550 CHAMBERSBURG, PENNSYLVANIA 17201 (717) 281-0208 (717) 240-0893 - FACSIMILE FILE No. 99192 December 23, 2002 Robert Elicker Divorce Master 13 North Hanover Street Carlisle, PA 17"v 13 RE: James A Means v. Judy A. Means No. 99-5985 In Divorce Dear Mr. Elicker: Please accept this written request to reschedule the above captioned parties' Pre-Trial conference. Although previously represented by Lindsay Baird, it is my understanding that the defendant, Judy A. Means, is currently without counsel. The Pre-Trial Statements of the plaintiff were previously forwarded to you on August 30, 2002. Please contact me if you need any further information on this matter. Very truly yours, a?• Thomas S. Diehl TSD/klh cc: Lindsay Baird, Esq. James Means CERTIFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY A PENNSYLVANIA SUPREME COURT ACCREDITED AGENCY MISLITSKY AND DIEHL THOMAS S. DIEHL RICHARD P. MISLITSKY" KIMBERLY L. HOUGH LEGAL ASSISTANT REPLY TO: CARLISLE ONE WEST HIGH STREET SUITE 208 P.O. Box 1290 CARLISLE, PENNSYLVANIA 17013 (717) 240-0833 14 NORTH MAIN STREET SUITE 550 CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261-0208 (717) 240.0893 - FACSIMILE FILE No. 99192 August 30, 2002 Robert Slicker Divorce Master 13 North Hanover Street Carlisle, PA 17013 RE: James J. Means v. Judy A. Means No. 99-5985 In Divorce Dear Mr. Elieker: Please find enclosed Plaintiff's Pre-Trial Statement pursuant to Pa.C.R.P. 1920.33(6). TSD/klh Enclosure cc: Lindsay Baird. Esquire (xv/ encl) "CERTIFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY A PENNSYLVANIA SUPREME COURT ACCREDITED AGENCY JAMES J. MEANS, Plaintiff VS. JUDY A. MEANS, Defendant . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 5985 CIVIL IN DIVORCE ORDER OF COURT l AND NOW, this V day of U LS 2005, the economic claims raised in the proceedings having been resolved in accordance with a separation and property settlement agreement dated July 29, 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: v arylou Matas Attorney for Plaintiff Vofindsay Dare Baird Attorney for Defendant Geo 4e. afer, P. . J ?( rJy FILEO-OFF OF THE sa 2005 AUG 12 Fi•i 2: 05 JAMES J. MEANS, Plaintiff v. JUDY A. MEANS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 59 5,5 C . & Terr,-\ CIVIL ACTION - LAW IN DIVORCE 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 ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. 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 170113 (717) 249-3166 JAMES J. MEANS, Plaintiff V, JUDY A. MEANS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE IJNDFR SECTIONS 3301 (c) or 3301(d) OF THE DIVORCE COQ The Plaintiff, James J. Means, through his attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, James J. Means, is an adult individual who currently resides at 2247 D Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Judy A. Means, is an adult individual who currently resides at 99 Beecher Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. Paragraphs one through three are incorporated herein by reference. 5. The Plaintiff and the Defendant were married on October 28, 1989 in Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff, James J. Means, respectfully requests this Honorable Court to enter a decree in divorce pursuant to 23 P.S. § 3301(c) or 3301(d) of the Divorce Code. Respectfully submitted, Date: ?- d L'l T mas S. Diehl Attorney for the Plaintiff 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 249-2407 - FAX JAMES J. MEANS, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99- JUDY A. MEANS, CIVIL ACTION - LAW Defendant : IN DIVORCE I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. J S J. S, Plaintiff 103 13 249- o7 i yy .t..Al M1?,. I A yCx'i F' } ?y W" ?a i 5 dr .n oQ C7 1 q ? C ti 4}}(i. a2 ?c, JAMES J. MEANS, V. JUDY A. MEANS, To: Prothonotary IN THE COURT OF COMMON PLEAS OF Plaintiff CLTMI3ERLAND COUNTY, PENNSYLVANIA No. 99 - 5985 CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Judy A. Means, Defendant in the above matter. Dated: November 12, 1999 L By: (- < mdsay D. B66, Esquire 37 South Hanover Street Carlisle, PA 17013 (717) 243-5732 cc: Thomas S. Diehl .as .-: _y x- '?' , ,? ?__ t.4 ,-, 0 = 'c v `? '? ?:? ._ -- ?:a _? CJ 'C SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this, day of v?4 2005, by and between JAMES J. MEANS, of Zeeland, Michigan, party of the first part, hereinafter referred to as "Husband," AND JUDY A. MEANS, of Cumberland County, Pennsylvania, parry of the second part, hereinafter referred to as "Wife" WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on October 28, 1989, in Cumberland County, Pennsylvania; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; and --Page I of 15-- WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: 1. Advice of Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Brian C. Bornman, Esquire, and to Wife by Lindsay Dare Baird, Esquire. --Page 2 of 15-- 2. Warranty of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 3. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority , direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. 4. Agreement not a Bar to Divorce Proceedings: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the party of the other party which may have occasioned --Page 3 of 15-- the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of §3301(c) of the Divorce Code of 1980. 5. Agreement to be Incorporated in Divorce Decree: The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 6. Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of an and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he --Page 4 of 15-- or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. & Marital Debt: Husband hereby confirms that he has not incurred any additional debt since their separation that has, in any way, obligated the other parry. Wife acknowledges that she is in possession of a credit card with account number 4457490000022494, previously 4457490000011059, that is in joint names but that has only ever been utilized and continues to be utilized by her alone. Wife agrees that she shall be solely liable for this debt and shall transfer the entire balance of the debt into her name alone within twenty days of the date of execution of this agreement. Wife agrees that she shall indemnify and hold harmless Husband from any and all collection efforts related to this debt. Wife agrees that she shall not incur any further debt on this account until such time as Husband is removed from liability on the debt. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. 9. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. --Page 5 of 15-- 10. After-Acquired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 11. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree that each waive any and all interest in any and all vehicles title in the name of the other party and hereby waives any interest in or any need to account for, any monies acquired by the other party for disposition of any vehicles possessed by them at the time of separation. The parties agree that they shall make no claim of any nature whatsoever to access of or ownership of any vehicles in the possession of the other party and each hereby transfers any interest they may have by means of equitable distribution to any and all vehicles possessed by the other party to that parry. 12. Reciprocal Waivers of Pension Interests: Husband and Wife agree to waive any and all right, title, or interest in the other party's Individual Retirement Account(s), Pension(s), Annuities, profit-sharing plans, or other retirement accounts or plans. 13. Warranty as to Post Separation and Future Obl'i aQ tions: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. --Page 6 of 15-- 14. Spousal Suport Alimony Alimony Pendente Lite and Spousal Maintenance : a.) Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. b.) Wife hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. 15. Stock and Other Securities: The parties hereby waive any and all right, title and interest they may have in any stock, mutual funds, bonds, securities or any other investments titled in the name of the other party. The parties further waive any duty to account for the proceeds of the sale of any stocks, mutual funds, bonds, or other securities which were held in the name of the other party at the time of separation. 16. Mutual Releases: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of --Page 7 of 15-- dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the. other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 17. Divorce: Husband has commenced an action for divorce against Wife pursuant to §3301(c) of the Divorce Code of Pennsylvania by filing a Complaint in Divorce docketed to No. 1999-5985 Civil Term, in the Court of Common Pleas of Cumberland County, Pennsylvania. Both parties shall, at the time of execution of this Agreement, furnish Husband's counsel with signed Affidavits of Consent and a --Page 8 of 15- Waivers of Notice of Intention to request the Entry of a Decree in Divorce. It is understood and agreed that the Decree in Divorce issuing from this matter shall incorporate this Agreement. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. of the Pennsylvania Code, Act. No 1980-26. b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. 18. Legal Fees: In the review and preparation of this Agreement each party shall bear his or her own legal fees. 19. Remedy for Breach: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. --Page 9 of 15-- 20. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 21. Summary of Effect of Agreement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and :Future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each parry, including all claims raised by them in the divorce action pending between the parties. 22. Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a party of the marital estate. -Page 10 of 15-- 23. Mutual CooperationlDuty to Effectuate Agreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 24. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and erect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 25. Severability: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any parry to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. --Page 11 of 15-- 26, No Waiver of Default: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such parry hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 27. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 28. Effect of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. --Page 12 of 15-- 29. Notices: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: a.) To Wife in care of Lindsay Dare Baird, Esquire, 37 South Hanover Street, Carlisle, PA 17013 b.) To Husband in care of Griffie & Associates at 200 North Hanover Street, Carlisle, PA 17013 30. Waiver or Modification to be in Writing: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 31. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 32. Agreement Binding on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 33. Governing Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. --Page 13 of 15-- IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year tirst above written. WITNESSES: Date JA S -1 EA 5 f yUL IICS b f -L r?.9a1 / L.w-? hinti ?-I CU Q.u $. Date JUDY A. ME S --Page 14 of 15-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF ?ho lsJ o r- On this _1L-day of 2005-, before me, the undersigned officer, personally appeared JAMES J. MEANS, known to me (or satisfactory proven) to be the person whose name is subscribed to the within document and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public NO=EXVI ROBIN 1. GDSCARLISLE BORMY COMMISS1007 COMMONWEALTH OF PENNSYLVANIA COUNTY OF (,11 ?nbcdn ld/ On this day of . l,bl- 200.5, before me, the undersigned officer, personally appeared JUDY A. MEANS, known to me (or satisfactory proven) to be the person whose name is subscribed to the within document and acknowledged that she executed the same for the purpose therein contained. --Page 15 of 14-- IN WITNESS WHEREOF, I hereunto set my hand and official seal. JAMES J. MEANS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 99.5985 JUDY A. MEANS, : Civil Action - Law Defendant : In Divorce PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of SAIDIS SNUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint October 13, 1999, via certified mail, restricted delivery, return receipt request. Proof of service was fixed with the Court on October 20, 1999. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was filed with the Prothonotary: By Plaintiff. August 10, 2005 By Defendant: July 22, 2005 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated July 29, 2005 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: August 10, 2005 By Defendant: July 22, 2005 Dated: P. ' Ma atas, I-Esquire SAIDIS, UFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 CERTIFICATE OF SERVICE 1 hereby certify that on this 26th day of August, 2005, a true and correct copy o the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Lindsay D. Baird, Esquire 37 South Hanover Street Carlisle, PA 17013 ?' oanne M. Bartley l Paralegal to Marylou Matas, Esquire SAIDIS SNUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA ?? ? _ .? ? -? _ ? _ CJ'1 t:. (1l ?? _ (aJ N ?(ti T?? ? CI ? 1 ?) ?C) __ ,??d ,C7 v }r;? ? r - -? ? ii =„? d? JAMES J. MEANS, : IN THE. COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-5985 CIVIL TERM JUDY A. MEANS, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF f;F.RVICF. AND NOW, this 19th day of October, 1999, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, James J. Means, and states that he personally mailed a certified copy of a Complaint in Divorce to the Defendant, Judy A. Means, at 99 Beecher Drive, Carlisle, Pennsylvania by certified, restricted delivery, return-receipt requested. A copy of said receipt is attached hereto indicating service was made on October 13, 1999. Attorney Tor the Plaintiff 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 249-2407 - FAX m n C-1 i l ? n,3 un CA JAMES J. MEANS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 99 - 5985 JUDY A. MEANS, CIVIL ACTION -LAW Defendant IN DIVORCE. ANSWER TO COMPLAINT AND NEW MATTER Defendant, Judy A. Means, by and through her attorney, Lindsay D. Baird, Esquire, answers the Divorce Complaint as follows: 1. Denied. Plaintiff lives somewhere in Michigan. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. COUNT I-DIVORCE 8. Admitted to the extent Defendant can have knowledge. NEW MATTER COUNT II. - ALIMONY 9. Paragraphs 1 through 8 of the pleading are incorporated herein by reference as though set forth in full. 10. Petitioner requires reasonable support/alimony to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Petitioner requests your Honorable Court to enter an award of alimony. Respectfully submitted, Date: .e 5AAttomney say D e ird, Est sire forBefendant 37 South Hanover Street Carlisle, PA 17013 (717) 243-5732 I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pacs§4904 relating to unsworn falsification to authorities. Ju A. eanM s, Defendant ti ?'i T'?? C ^.7 `= .. 7.-?-- `" u' ? ,i v ? ? lc ? ,. JAMES J. MEANS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW JUDY A. MEANS, NO. 99-5985 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under §3301 (c) of the Divorce Code was filed on September 30, 1999, and served on October 13, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN 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. c DATE: 7- 2 q- o S JAM J. :EANS la' tiff o s;' C P', r, .,- u; ,, -? ??. ?? p p ?? ??r '? ,.? ?. ?? N ? ? c-S ??f` LJ JAMES J. MEANS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW JUDY A. MEANS, : NO. 99-5985 CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 divorce 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 files 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. DATE: - •? g - b S < JAMS EANS, ? iff `e? C) °o r ? n C ? L E ? r- JAMES J. MEANS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 99 - 5985 JUDY A. MEANS, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on September 30, 1999. 2. Defendant acknowledged receipt and accepted service of the Complaint on October 13, 1999. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree in divorce without notice. 5. 1 understand that I may lose rights concerniing alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. 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. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: 7 - Z l O S?? yv?_ Judy A. Mea s, Defe dant ? 0 C? a JAMES J. MEANS, Plaintiff V. JUDY A. MEANS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5985 CIVIL ACTION - LAW IN DIVORCE NOTICE 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 you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties of this action separated on July 10, 1999, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: p '/P -.1) 1 ,-. J EST ANS, Plaintiff ?> c ` ? '- ?? ; i .; L" r . , , ?:?: JAMES J. MEANS, Plaintiff V. JUDY A. MEANS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 99-5985 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE L) 41,t AND NOW, this lO day of September 2001, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, James J. Means, and states that he had cause to be mailed a certified copy of the Affidavit Under Section 3301(d) Of The Divorce Code with the Counter-Affidavit Under § 3301(d) Of The Divorce Code, to the Defendant, Judy A. Means, by certified mail, return-receipt requested. A copy of said receipt is attached hereto indicating service was made on September 12, 2001. Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX Respectfully submitted, O M1 :: tllsu ph 1 70'.3 Postage a 1 jr r- CaMfied Fee efl Return Receipt Fee (Endorsement ROWNICI) C3 E rsfed D yy Fee a C3 (ErMOrsemen< R egoked) w. C3 ToW Postop & Few r a sent To JUDY A. MEANS s&aai: hit:-No.;-o? PO Box M;. 0 99 BEECHER DRI ------------- - O - City, Stale, r'AOT.TCZT.V D& t ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: JUDY A. MEANS 99 BEECHER DRIVE CARLISLE, PA 17013 ?I ' 3 on13 A. Received bY Plesse rClearM B. Da J-5 P MEA 1-1,-dI C. Signature nX `-- ? Y)\.QAV\SO Agent Addressee o. is deY?9ety address different from Rem 17 0 yes If YES, enter delivery address below: 0 No 3. Service Type XXCertiBed Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise .. 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Ex" Feel 0 Yes 2. Article Number (Copy from service label) 7000 1670 0001 8795 7608 PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 (:. Cam , n 'T3?L?-. '?-7 n4 ? L_ ' ua. ?c ' ? , ='" r , ? ?e7 {5? JAMES J. MEANS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-5985 JUDY A. MEANS, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SEP:VICE AND NOW, this 15th day of October 2001, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, James J. Means, and states that he had cause to be mailed a certified copy of the Notice of Intention to Request Entry of § 3301(d) Divorce Decree with the Counter-Affidavit Under § 3301(d) Of The Divorce Code, to the Defendant, Judy A. Means, by certified mail, return-receipt requested. A copy of said receipt is attached hereto indicating service was made on October 11, 2001. Respectfully submitted, I ;ji _'_ _ Thomas S. Diehl Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX o CAfSSLPA Ln Postage tr .0 .7 camtsed Fee C3 6 N O (Endo tPAW C3 [Endwmriest Wqupa? C TOW Postage a Pew M Ln ra Y A. M C3 sn::4 is s e<do C3 2 ... . ¦ Complete items 1, 2, and 3. Also complete Rem 4 R Restricted Delivery is dealred. • Prim your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the maiipiece, or on the front N apace permits. 1. Article Addressed to: JUDY A. MEANS 99 BEECHER DRIVE CARLISLE, PA 17013 A fiauNed by Rase F." alavly) 18, C. Signals" X Q ' Y1 hS 13 Add we D. is Movery address dafar rd from aem 17 0 Yes If YES, order defimy address below: 0 No 3. Service type jorenreed ma ? Exrrwa nail 0 Registered 0 AM= Receipt for MwnwwAw 4. Rwbkted DeMeyl (Ekes Fee) 0 Yw 2. Article Number (Copy rrorn service M090 7000 1530 0002 4695 ',? 0062 PS Form 3511, Duty 1999 Domestic Serum Recelpt 102595-00-at-oe52 I' JAMES J. MEANS. Plaintiff V. JUDY A. MEANS. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 99-5985 CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE I. Check either (a) or (b): ? (a) I do not oppose the entry of a divorce decree. ? (b) I oppose the entry of a divorce decree because (Check (i), (ii), or both): ? (i) The parties to this action have not lived separate and apart for a period of at least two years. ? (ii) The marriage in not irretrievably 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 or other important rights. ? (b) I wish to claim economic relief, which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them to the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verifv that the statements made in this counter-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. Date: JUDY A. MEANS, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. JAMES J. MEANS. Plaintiff V. JUDY A. MEANS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 99-5985 CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: JUDY A. MEANS, DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after November 2, 2001, the other party can request the Court to enter a Final Decree in Divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a Final Decree in Divorce. A counter-affidavit which you may file with the Prothonotary of the Court is attached to this notice. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the tight to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CONNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Bar Association Lawyer Referral Service 1-(800) 692-7375 (PA only) or (717) 238-6715 C7 ?J i C? -` '7 ' ??,? .' ?._ .-.[C ;') ?? 4J rri C: + -?{ :P -G IV < MiSLITSKY AND DIEHL THOMAS S. DIEHL ONE WEST HIGH STREET RICHARD P. MISLITSKY* SUITE 208 P.O. Box 1290 CARLISLE, PENNSYLVANIA 17013 (717) 240-0833 KIMBERLY L. HOUGH LEGAL ASSISTANT REPLY TO: CARLISLE 14 NORTH MAIN STREET SUITE 550 CHAMBERSSURG, PENNSYLVANIA 17201 (717) 261-0208 (717) 240-0893 - FACSIMILE FILE No. 99192 January 15, 2002 Robert Elicker Divorce Master 13 North Hanover Street Carlisle, PA 17013 RE: James I Means v. Judy A. Means No. 99.5985 In Divorce Dear Mr. Elicker: Please find enclosed Certification on behalf of Plaintiff, James Means, that discovery is complete. Very truly yours, Thomas S. Diehl TSDJklh Enclosure 'CERTIFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY A PENNSYLVANIA SUPREME COURT ACCREDITED AGENCY JAMES J. MEANS, Plaintiff V. JUDY A. MEANS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5985 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER James J. Means, Plaintiff, moves the Court to appoint a Master with respect to the following claims: ( X ) Divorce ( X ) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendent Lite ( ) Costs and Expenses and in support of the motions states: (1) Discovery is complete as to the claims for which the appointment of a Master is requested. (2) The Defendant has appeared in the action by her attorney, Lindsay D. Baird, Esquire. (3) The statutory ground for divorce is section 3301(d)-Irretrievable Breakdown. (4) The action is contested with respect to the following claims: Distribution of property. (5) The action involves no complex issues of law or fact. (6) The hearing is expected to take one day. ./i Date: /--) - f'X " c.q ( Thomas S. Diehl, Attorney for the Plaintiff ORDER APPOINTING MASTER AND NOW, this ? day of x? 200 / f' c a U e?tv , Esquire, is appointed Master with respect to the following claims: ,2,t f_ By the Court: J. cc: Thomas S. Diehl, Esquire Lindsay D. Baird, Esquire 1 -. ' r' ? a 1. ` 1 ? ?, . Ifl?i JAMES J. MEANS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-5985 JUDY A. MEANS, : CIVIL ACTION - LAW Defendant : IN DIVORCE CLAIM OF RIGHTS EQUITABLE DISTRIBUTION 1. Plaintiff and Defendant possess various items of property which are subject to equitable distribution by this Court. WHEREFORE, the Plaintiff requests this Honorable Court to distribute the marital property of the parties. Date: I a - ( -? Respectfully submitted, Thomas S. Diehl Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717)240-0833 (717) 240-0893 - FAX CERTIFICATE OF SERVICE I, Thomas S. Diehl, Attorney for the Plaintiff, hereby certify that a true and correct copy of the foregoing document was served on the following individuals via first-class mail, postage prepaid on the date written below: Lindsay D. Baird, Esquire Attorney for Defendant 37 South Hanover Street Carlisle, PA 17013 Date: December 2001 Thomas S. Diehl I.D. No. 78942 Ul o o ? ? ? W `b ? ? 9? ..) D ?- JAMES J. MEANS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 99 - 5985 JUDY A. MEANS, CIVIL ACTION -LAW Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Judy A. Means, Defendant, moves the Court to appoint a Master with respect to the following claims: ( ) Divorce () Distribution of Property ( )Annulment O Support (x) Alimony O Counsel Fees ( ) Alimony Pendente Lite () Cost and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a Master is requested. (2) Plaintiff has appeared in the action by his attorney, Thomas S. Diehl, Esq. (3) The statutory ground for divorce is irretrievable breakdown. (4) The action is contested with respect to the following claims: Distribution of Property and Alimony. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take less than half a day. Date: /. A3. 0.2 Attorney ORDER APPOINTING MASTER re Oaird, AND NOW, this t day of "zkk 2002, c /cam 94 Esquire, is appointed master with spect to th folloving claims: Divorce, Distibution of Property and Alimony. BY TFiE COURT: cc: Lind Dare Baird, Esquire omas S. Diehl, Esquire - Off-. A'r' E lz Xjr V4WW iqJ. of-a4-oz ?Y c> '°?` .? ??_ ? ?; -? ?- ?, ;- ?,. ??, ,; ??. •. °? ry???????v'??1?? c ? ,Z ??1''?1 ? lift' z1? ? , 3? .. ,.. JAMES J. MEANS VS. JUDY A. MEANS Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL 19 99 - 5985 IN DIVORCE STATUS SHEET & As'SOaATES Attorneys and Counselors at Law Bradley L. Griffie, Esquire Marylou Mains, Esquire Hannah Herman-Snyder, Esquire Robin I Goshorn Office Manager Reply to: Carlisle E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Means vs. Means No. 99-5985 Dear Mr. Elicker: 9, 2005 200 North Hanover S Carlisle, PA 1701, (717) 243-5551 100 Lincoln Way East, 5 Chambersbarg, PA V (717) 267-1350 (800) 347-5552 Fax (717) 243-5063 Enclosed are two fully executed copies of the Separation and Property Settlement Agreement for the above-referenced matter. Because the parties have reached an agreement and have signed copies of Affidavits of Consent and Waivers of Notice, all parties request that you vacate your appointment. Thank you for your cooperation on this matter. Very truly yours, MarylIMatas MMlmsk Enclosures Cc: Lindsay Dare Baird, Esquire James J. Means JAMES J. MEANS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 5985 CIVIL JUDY A. MEANS, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND PARTIES TO: Marylou Matas James J. Means Lindsay Dare Baird Judy A. Means 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 29th day of July 2005, 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: 5/26/05 E. Robert Elicker, II Divorce Master LINDSAY DARE. BAIRD ATTORNEY AT LAW 37 SOUTH HANOVER CARLISLE, PENNSYLVANIA 17013-3307 TEL. (717) 243-5732 October 14, 2003 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Means v. Means No. 99-5985 IN DIVORCE Dear Master Elicker: FAX (717) 243-81. This office represents Judy A. Means, the defendant in the above referenced matter. At this time, there is a conference scheduled for November 3, 2003, at 9:00 A.M. Ms. Means is experiencing very serious health difficulties and has been hospitalized for quite some time and it appears as though this will continue. Please find enclosed a letter from Carol K. Robison, D.O., her primary care physician. As a result, we are asking the Master's indulgence in continuing the matter generally. We would alert the Court as soon as Ms. Means has recovered. I was unable to speak to Thomas Diehl, Esquire, Plaintiffs counsel prior to sending out this letter. Respectfully, indsay Dar aird LDB(nfa cc: Thomas S. Diehl, Esquire Ms. Judy A. Means 1C7191MU4 li:lh 7177766003 GNC PAGE 02 JAY A. TOWNaaNO. M.O• lee eeuTtt NWN irra, JOGGON A. ?ION. D.O. NtwvaLt. M 171 CAROL K. M41411aON, O.O. T/Larm"11, 17 t71 T0e-31 1 euSANNa tACCOMIIIa. •.A.-C. PAP! 17171 77641W October 9, 2003 Ms. Undscy Baird. Attorney Fax 243-St 10 P e: Judy Means Dear Attorney Baird: Judy Means will be unable to attend her divorce hearing on November 3 because of medical problems that have required and still require her hospitalization. If you need any further information, please feel tree to contact me at 776-3114 with the patient's permission. 5 7 Y Yom, Csrol K. Robison, .O. CKR/bks LINDSAY DARB: BAIRD ATTORNEY AT LAW 37 SOUTH HANOVER CARLISLE, PENNSYLVANIA 17013-3307 TEL. (717) 243-5732 August 21, 2003 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: James J. Means v. Judy A. Means No. 99-5985 IN DIVORCE Dear Master Elicker: FAX (717) 243-81. It has been only recently brought to my attention by Ms. Means that she will be out of town on September 3, 2003 which is the date scheduled for the conference with you. Ms. Means made the reservation and non-refundable deposit prior to the scheduling of that date. I apologize for this late notice as she has just notified me of the conflict. We, therefore, respectfully request a continuance of the conference. The possibility of a settlement is still not out of the question. Thomas Diehl, Esquire, for the Plaintiff, has been contacted and he is agreeable to our request. Thank you for your time and consideration. Respectfully submitted, ?? a1dd?!/c? ?LGZ{l??X?icCt -' ?Aindsay Dare Baird, Esquire LDBlnfa cc: Thomas S. Diehl, Esquire Ms. Judy A. Means 2uFFIE & AssoaATES Bradley L. Griffie, Esquire Marylou Matas, Esquire Hannah Herman-Snyder, Esquire Robin I Goshorn Office Manager Reply to: Carlisle Attomeys and Counselors at Law E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Means vs. Means No. 99-5985 Dear Mr. Elicker: 200 North Hanover S Carlisle, PA 1701: (717) 243-5551 100 Lincoln Way East, 5 Chambershurg, PA 17 (717) 267-1350 (800) 347-5552 Fax(717)243-5063 I now represent the Plaintiff, James J. Means in the above-referenced matter. Lindsay Dare Baird, Esquire represents the Defendant, Judy A. Means. By Order of Court dated January 24, 2002, you were appointed Master in this matter with respect to the claims of divorce, distribution of property, and alimony. Plaintiff has submitted his Pre-Trial Statement, Inventory & Appraisement, and Income & Expense Statement. I am not aware that Defendant has done the same. An original Pre-Trial Conference was scheduled for February 6, 2003. It is my understanding that was continued to September 3, 2003. I do not believe that ever took place. My client is anxious to move this matter forward. He requests, therefore, that a settlement conference be scheduled as quickly as possible. I have advised Ms. Baird of my intention to make this request. She indicates that at least as of this time she continues to represent Ms. Means and would actually concur with this request. My office is happy to work to coordinate a date! for this settlement conference that would be convenient for all parties involved. I appreciate your cooperation on this matter. Very truly yours, ?I ME , ulV atas MM/msk Cc: James J. Means AIOLT ?-? If Lindsay Dare Baird, Esquire qz ?/ e )- g JAMES J. MEANS, Plaintiff V. JUDY A. MEANS, Defendant IN THE COURT OF COMMON PLEAS OF : CUM13ERLAND COUNTY, PENNSYLVANIA NO. 99-5985 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF, JAMES J. MEANS, PRE-TRIAL STATEMENT PURSUANT TO Pa.R.C.P. 1920.33(b) AND NOW, comes the Plaintiff, James J. Means, by and through his attorney, Thomas S. Diehl, Esquire, and files this Pre-Trial Statement as follows: 1. List of Assets: Inventory of James J. Means, attached hereto as `Exhibit A.' 2. Experts: It is not anticipated that experts will be required for the hearing. 3. Non-expert Witness: James J. Means 4. Exhibits: (a) Pay stub of Plaintiff (b) Plaintiff's 401(k) (c) Statements concerning the value of the parties' stocks 5. Plaintiff's Income: Income and Expense Statement of James J. Means, attached hereto as Exhibit B.' 6. Proposed Resolution: The Plaintiff, James Means, proposes equally dividing the stock that is determined to be part of the marital estate. AUG 2 7 2002 Date: One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 Thomas S. Diehl, Esquire Attorney for the Plaintiff JAMES J. MEANS, Plaintiff V, JUDY A. MEANS, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5985 CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF JAMES J. MEANS AUG 2 7 1002 Date: One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 Attorney for the Plaintiff INCOME AND EXPENSE STATEMENT Employer: Lear Corporation Address: 50 Spring Road, Carlisle, PA 17013 Type of work: Programmer analyst Payroll Number: 815 499 9432 Pay Period (Weekly, Bi-weekly, etc): Bi-weekly Gross Pay Per Pay Period: $2,084,50 Itemized Payroll Deductions: DEDUCTIONS MONTH YEAR Gross Pa $41109100 $ Federal Withholding 1784.20 Social Security 257.41 Local Wage Tax 41.70 State Income Tax 116.32 Unem to ment $ Medicare Tax 60.28 Retirement 401 k 250.14 $ Savings Bonds Credit Union $ Life Insurance $ Health Insurance 15.00 $ Pension Contribution NET PAY PER P OD $2,664.62 INCOME SOURCE WEEK MONTH YEAR Interest (C.D. & Mun. Bonds $ $ $89.48 Dividends Pension $ Annuit Social Securit Rents $ $ Ro yalties Expense Account Unemployment Comp. $ $ $ Workmen's Comp $ $ $ Gifts $ Other: Disability Insurance $ $ $ TOTAL INCOME $ $ $89.48 EXPENSES EXPENSE WEEK MONTH Current J V2YEAR Jan - Jun 1999 Beecher St. HOME Mort a e/Rent $ 500.00 3 000.00 Maintenance & Lawn $ $ 242.79 UTILITIES Electric 142.09 Gas Oil 342.41 Sewer $ Tele hone $ Water $ $ Refuse Cit EMPLOY ENT Public Trans ortation $ $ $ Lunch $ $ $ TAXES Real Estate Personal Property INSURANCE Homeowners $ $384.90 Automobiles $ $ Life $ Resident $-Health/Dental/Vision $ Other A OMOBILES Pa ments $ 448.85 $2,693.10 Fuel all vehicles $ $ $400.40 Re airs $ 66.24 MEDICAL Doctor 108.32 Dentist $ $ Orthodontist $ $ Hospital 267.72 Medicine $ Special Needs (olacces. braces. etc.) $ $ $75.00 -' EDUCATION Private School Parochial School $ Colle e Reli ious PERSONA Clothing $ $ $536.67 Food $ 239.47 Barber/Hairdresser 8.00 48.00 Credit Pa ments _ Credit Card 1 126.19 Charge Accounts Memberships $ 32.00 LOANS MISCELLANEOUS Childcare/Bab sitter Pa ers(Sooks/Ma azines 90.60 Entertainment $ Pa T.V. Vacation $ Gifts $ 206.16 Legal Fees $ $ $ Charitable Contributions Other: Pets 143.70 ITOTAL EXPENSES 10 145.76 VERIFICATION I verify that the statements made in the foregoing document 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. C T A, vI J. ME , Plaintiff JAMES J. MEANS, Plaintiff V. JUDY A. MEANS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5985 CIVIL ACTION - LAW IN DIVORCE INVENTORY OF PLAINTIFF PURSUANT TO Pa.R.C.P. 1920.33(a) Plaintiff files the following Inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein made are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. submitted, AUG 2 7 2002 Date: Tlf( mas S. Diehl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 I.D. Number 78942 (717) 240-0833 ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages: Ex 1. Real property O 2. Motor vehicle O 3. Stocks, bonds, securities and options ? 4. Certificates of deposit O 5. Checking accounts, cash 91 6. Savings accounts, money market and savings certificates ? 7. Contents of safe deposit boxes ? 8. Trusts ? 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ? 10. Annuities ? 11. Gifts ? 12. Inheritances ? 13. Patents, copyrights, inventions, royalties O 14. Personal property outside the home ? 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ? 16. Employment termination benefits-severance pay, workman compensation claim/award ? 17. Profit-sharing plans ? 18. Pension plans (indicate employee contribution and date plan vests) ? 19. Retirement plans, Individual Retirement Accounts ? 20. Disability payments ? 21. Litigation claims (matured and un-matured) ? 22. Military/VA benefits ? 23. Education benefits © 24. Debts due, including loans, mortgages held © 25. Household furnishings and personalty (including as a total category and attach itemized list if distribution of such assets is in dispute) El 26. Other I. MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: ITEM DESCRIPTION OF VALIUE VALUE TO VALUE TO NUMBER PROPERTY OR HUSBAND WIFE LIABILITY 1. ItEAL ESTATE: ; A 99 Beecher Drive Rent Carlisle, PA 17013 2. VEHICLES- A. Husband's $32,00.00 Bought new June 1999 B. Wife's $2,392.95 GM Card earning to purchase new car 3. STOCKS, BOND, SECURITIES AND OPTIONS A. Sprint Stock $39,715.20 2880 Shares As of 2127,102 B. PCS Stock $6,523.20 720 Shares As of 2127/02 C. Alte1 Stock $18,253.30 328 Shares As of 2/27/02 5. CHECKING ACCOUNTS CASH A. York Federal S&L $4,697.81 as of July 12, 6. SAVINGS ACCOUNTS, MONEY MARKET AND SAVINGS CERTIFICATES A. York Federal S&L $250.00 19. RETIREMENT PLANS, IRA'S A. Lear 401(k) $191,237.01 as of June 18, 1999 24 DEBTS DUE, INCLUDING LOANS, MORTGAGE HELD A. Automobile Loan $36,174.60 new June 1999 25. HOUSEHOLD GOODS AND FURNISHINGS attach list if in ttis ute A. Husband's Household See Attached Goods (See attached list) B. Wife's Household Goods (See attached list) TOTALS Total Marital Property II. LISTING OF HOUSEHOLD GOODS AND CONTENTS VALUED IN SECTION I, ITEM NO. 25, ABOVE PROPERTY IN THE POSSESSION OF HUSBAND DESCRIPTION OF VALUE BASIS TOIL EXCLUSION IF PROPERTY CLAIM TO O NON, MARITAL Hurricane lamp Antique checker game Walnut antique accessories: Glass top coffee table, two end tables, cane rocker, upholstered stool, plant stand, bookcase Antique painted chairs: Rocker, plant chair Craftsman table saw Craftsman lathe Craftsman band saw Craftsman tabe size tools: Planer, Saber saw Craftsman hand tools: Router, Saber saw, circular saw, drill Anti ue Craftsmanjoiner Simplicity lawn tractor PROPERTY IN THE POSSESSION OF WIFE DESCRIPTION OF PROPERTY VALUE BASIS FOR EXCLUSION IF CLAIMED TO BE NON- MARITAL Oak Bedroom Furniture Headboard, foot and frame, Highboy, two nightstands Living Room Furniture Floral sofa, loveseat, cherry coffee table, two cherry end tables $2,655.94 (purchase price) Zenith 27" stereo television Cherry television stand Panasonic 19" television Queen-sized mattress and box springs Full-sized mattress and box-springs Oak kitchen table Oak carved high back chairs (6) Oak dining room credenza Antique oak round table Antique Oak Desk Antique stand-up dresser $689.94 Antique armoire $980.50 Living tropical loveseats (2) Antique brass bed frame Student desk and chair Dining room window air conditioner Upstairs window air conditioner Sears washer and dryer Wards chest freezer Norge refrigerator Shed $1,700.00 M. PROPERTY TRANSFERRED Plaintiff lists all marital property which was transferred within 3 years of the date of commencement of this action or was transferred since the date of separation: ITEM NITMBER DESCRIPTION OF PROPERTY DATE OF TRANSFER - CONSIDERATION NAME OF TRANSFEREE None known CERTIFICATE OF SERVICE I hereby certify this 30`h day of August 2002, that a true and correct copy of the foregoing document was served on the following individuals via first-class mail, postage prepaid: Robert Elicker Divorce Master 13 North Hanover Street Carlisle, PA 17013 Lindsay D. Baird, Esquire 37 South Hanover Street Carlisle, PA 17013 By 1 / yl KYir rCrly L. Houg Legal Assistant 4 JAMES J. M NS. / !] mI?Plaintiff q??'?, v qI u 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL 19 99 - 5985 IN DIVORCE (JUDY A. MEANS 0, P?N efendant (F 10 r STATUS SHEET DATE: ACTIVITIES: vyy ?vs ) I A 7 # 0' ??'Zd f Q? ? All" "r' J`,?/??`'- t?s.i?''r'?ot.?. : ? ? 2? ! ,?r'•? + ?,% i? ', ?! t`r A , y} t v V? , t'Y / µ 'Ap JAMES J. MEANS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 5985 CIVIL JUDY A. MEANS, Defendant IN DIVORCE TO: Thomas S. Diehl Lindsay D. Baird , Attorney for Plaintiff , Attorney for Defendant DATE: Thursday, January 3, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (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. JAMES J. MEANS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 5985 CIVIL JUDY A. MEANS, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Thomas S. Diehl , Counsel for Plaintiff James J. Means Plaintiff Lindsay D. Baird Counsel for Defendant Judy A. Means Defendant A conference has been scheduled at the office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 3rd day of September 2003, at 9:30 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: E. Robert Elicker, II July 28, 2003 Divorce Master JAMES J. MEANS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V5. CIVIL ACTION - LAW NO. 99 - 5985 CIVIL JUDY A. MEANS, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Thomas S. Diehl Counsel for Plaintiff James J. Means Plaintiff Lindsay D. Baird Counsel for Defendant Judy A. Means Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Pennsylvania, on the 3rd day with counsel and the parties economic issues to determine of claims. If issues remain will be scheduled at another ianover Street, Carlisle, of November 2003, at 9:00 a.m., to discuss the outstanding if there is a basis of settlement after the conference, a hearing date. Very truly yours, Date of Notice: August 25, 2003 E. Robert Elicker, II Divorce Master LINDSAY DARE: BAIRD ATTORNEY AT LAw 37 SOUTH HANOVER CARLISLE, PENNSYLVANIA 17013-3307 TEL. (717) 243-5732 February 4, 2003 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: James J. Means v. Judy A. Means No. 99-5985 IN DIVORCE Dear Master Elicker: FAX (717) 243-81 In your letter of January 3, 2003, you indicated without counsel. Since then, Ms. Means has been working with me to conclude the matter. We are r. WE trial statement and wish to file it prior to the conference which is now scheduled for this Thursday, February 6, 2003, at 1:30 P.M. We would, therefore, respectfully request a continuance for the conference for a couple or three weeks in order to prepare the statement and allow counsel an opportunity to confer for a possible settlement. Thomas Diehl, Esquire, for the Plaintiff, is agreeable to our request. Thank you for your time and consideration. Respectfully submitted, ( - U,Kevrc?lic jindsay Dar aird, Esquire LDB/nfa cc: Thomas S. Diehl, Esquire Ms. Judy A. Means LAW OFFICES OF THOMAS S. DIEHL THOMAS S. DIEHL, ESQUIRE REPLY TO CARLISLE OFF KIMBERLY L. HOUGH LEGAL ASSISTANT ONE WEST HIGH STREET, SUITE `e P.O. Box 12 CARLISLE, PENNSYLVANIA 17C (717) 240-OE 5ACSIMILE-(717) 240-OE CXAMBER581 14 NORTH MAIN STREET, SUITE 1 CH AMBERSBURG, PENNSYLVANIA 17i (717) 261-0: ATTORNEYDIEHL@M5N.C FILE No. 99192 July 5, 2003 Robert Elicker Divorce Master 13 North Hanover Street Carlisle, PA 17013 RE: James J. Means v. Judy A. Means No. 99-5985 In Divorce Dear Mr. Elicker: Please re-list this matter for a hearing. If you have any questions, please contact me. Very truly yours, Thomas S. Diehl TSD/klh cc: Lindsay Baird, Esquire JAMES J. MEANS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 5985 CIVIL JUDY A. MEANS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of U bs 2005, the economic claims raised in the proceedings having been resolved in accordance with a separation and property settlement agreement dated July 29, 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: varylou Matas Attorney for Plaintiff ?indsay Dare Baird Attorney for Defendant ( C /if /Z AAAJO"%, Geo cle f er, P. 1. 'ki s0 :Z wd z i snv uoz AdVION-OHIOW 3f i 30 30ia40--CMH IN THE COURT OF COMMON PLEAS OF CUMBER LAND COUNTY STATE OF PENNA. 14 W?" JAMES J. MEANS N O, 99-5985 Civil VERSUS JUDY A. MEANS DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT James J. Means , PLAINTIFF, AND Judy A. Means 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; r? ? ov* The terms of the marital settlement agreement dated July 29, 2005 SQ e,h ?"?? 44v ?"? SO ?'6