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HomeMy WebLinkAbout99-06742P r? ^W?1 \-n f i 5 q j. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY n? STATE OF PENNA. WALTER L. ARMSTRONG v N 99-6792 CIVIL Plaintiff VERSUS MARY L. ARMSTRONG, i I Defendant !I DECREE IN DIVORCE AND NOW, V7. IT IS ORDERED AND DECREED THAT Walter L. Armstrong _ PLAINTIFF, Mary L. Armstrong AND 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; The parties Stipulation dated October 7,_20.03--ts_sncorporaterI BY ATTEST: J PROTHONOTARY .?J Il F:PMS'CP.GI2'?, WALTER L. Plaintiff VS. MAP%, L. ??RI;S9'P.Gb1G, Defendant PLEI..S UL il!;. - 67q.. CiJiL 'ii;E ii::S '_;:'.: Today is ?•u•esday, October /, 2003. This is the date set for a hearing in the above captioned divorce proceedings. ?resent in the hearing room are the Plalntlif, Walter L. Arinstrono, and his counsel Thomas S. Diehl, and the Defendant, Mary L. P'I.rmstrong, and her counsel Brad lev L. Grlffie. This action was commenced by the filing of a comola'_n: in divorce on November 8, 1999, raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided affidavits OF consent and waivers of notice of intention to request entry of divorce decree signed and dated today by the parties. The affidavits and waivers will be filed by the Master's office with the Prothonotary. The divorce car., therefore, conclude under Section 3301(c) of the Domestic Relations Code. on. June 3, 2002, the Defendant filed an answer and counterclaim. In the counterclaim she raised economic issues of equitable distribution, alimony, alimony pendente lite, and counsel fees and e}:lenses. 1 'plle ^.;,?,tc•: has bean idvia,j that after negotiations thi-s mor:I r1q, .:hc p;:rt.i:a have an agreement ::iCh resoecc to tll:, ;I:CSt .r:ciing :ceho:nic .issu._s. The agreement is going to ire i-la_cd on the record in _ presence or the parties, i•17•e ag:-ct e!IiP. fIC as OlaCed Orl t--re record will be Con,,ide-red tnc: sUbstClntlve agrcem'ent or the ! 0d parties not subject to an'J Cl:a i"1 Ct 's O7 :CBtlOns 2:':Cept for correction of typographical errors 91lllcil may be made during the transcription. The dC.r vmenC '••111 be transcribed and provided to counsel and the parties to review for typographical errors. After any corrections are made, the parties will be asked to sign the agreement affirming the terms or settlement as stated on the record. If the agreement is not signed by the parties, they are still bound by the terms of settlement as stated on. the record when they leave the hearing room today, the signing being simply an affirmation of the terms that have been placed on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final agree in divorce. Mr. Griffie. MR. GRIFFIE: If the Master please. The parties have resolved all of the issues raised as follows: 2 !'• i I. The parties Y!lll cxecute or have c..eCllteC at this time an affidavit of consent and a waiver of notice of intention to request the ent!-y o1 decree in divorce to allow the Court to enter a divorce uncie:r Section 3301(c) of the divorce code. 2. Husband is a participant in the United States Army retirement pay system and as such agrees that Wife shall be entitled to receive the sum of $1,200.00 per month from military pay effective November 1, 2003. A QDRO or similar documents shall be prepared by wife's counsel for execution by the parties to provide for that sum to be distributed directly to wife each month. The sum of $1,200.00 shall be supplemented in future years with any cost of living increases received by husband. in the event that husband receives a cost of living increase, for example, or 2% on his military retirement pay, wife shall be entitled to a 2% increase of her share of the pension or in other words an increase of $24.00 per month. Until such time as the QDRO is implemented so that payment is received directly from the pay center to wife, husband shall be obligated to make payment of $1,200.00 by the 10th day of each month. curther, in the event that at any point in the future for whatever reason, the military pay center is unable to or fails to pay to wife the sum of $1,200.00 plus any appropriate COLA increases, husband shall be obligated to supplement any sums received by wife from the military pay center to bring her total amount each month to the sum of $1,200.00 plus COLA increases. The QDRO provided herein is a distribution of property and as such the $1,200.00 amount that wife receives is a gross amount and ,.ill be tared by either the militarv center or otherwise wife will be obligated to pay tax on that amount. It is also acknowledged that husband selected a survivor benefit plan at the time of retirement and wife shall remain as a survivor on the survivor benefit plan. 3. Husband shall compensate wife in a lump sum amount of $6,750.00 by making payment to her through the parties' counsel within 21 days of today's date. The lump sum payment then made shall be the only further distribution in cash due from either party to the other. 4. Wife shall assume the following credit card or marital debt that existed at the time of the parties' separation, including the following: Discover, AT&T, GE, Bank of America, Visa (Associates), Spiegel, Bon-Ton and Victoria Secret. 3 Wife shall indemnify husband and hold him harmless from and against any and all demand for payment or collection activity of any nature whatsoever on account of the aforesaid debts. In addition, any debts that the parties have incurred in their name alone subsequent to the date of separation, being April 25, 1999, shall be that party's sole responsibility and they shall indemnify the other party and hold the other party harmless from any demands for payment or collection activity of any post separation debt incurred. In the event that any of the credit cards assumed by wife herein remain as joint debts with husband as an obligor, in the event wife would fail to pay those debts or otherwise have husbands name removed as an obligor such that it creates any efforts on the part of the creditors to collect against husband, including wife's attempts to discharge such debts in bankruptcy, shall be afforded husband the opportunity to initiate proceedings to collect any sums he is obligated to pay as alimony from wife. 5. All personal property shall remain with the party presently in possession. This specifically includes the vehicles that the parties have retained such that wife shall retain the 1990 Pontiac Transport and husband shall retain the 1979 Pontiac Firebird and the 1977 Pontiac Firebird. In the event that it is necessary for either party to sign any documents to transfer ownership of the vehicles to the other party, they will do so promptly upon being requested to do so. This includes execution of the title, a power of attorney for transfer of the title and any similar documents. 6. Wife's claim for alimony, attorney fees, costs and expenses is hereby withdrawn except as herein otherwise provided. 7. Husband shall cooperate and assist in executing and completing any documents that are necessary in order to allow wife and the parties' youngest daughter Nicole to receive any military or health insurance benefits to which they are otherwise entitled to through the United States military. S. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or 4 the ._sLate Of the OLhe:- cis a resid ? UL Lhe marUal relat.iu:whip it clod: nq ..ithoUL !Lmlta tloV sno Lu no ry ,il.lowance, widow's allcmance, r,OO of 10eSOacy, right to take against the will of the other, and KIK to act as administrator or _xecut.Or in the /Aht!'r's eSLCite. Facil at Lhe ..-e,yuest cf: the other _xec_ut•_, acknowledge, and deliver any and ail ins:.ruments which may be nec-^_9sary or advlsal:,le to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. GRIFFIE: Ms. Armstrong, were you present in Lhe rook: just not.., to hear :Ile dictate the entire agreement between you and Mr. Armstrong? MS. ARMSTRONG: Yes, I was. 1,1R. GRIFFIE: Did you understand all of the terms? MS. ARMSTRONG: Yes, I do. MR. GRIFFIE: Is it your desire to resolve all of the issues that have been. raised in your divorce through this agreement? MS. ARMSTRONG: Yes. MR. DIEHL: Mr. Armstrong, likewise, did you have an opportunity to hear all of the terms mentioned with respect to the agreement? MR. ARMSTRONG: Yes. MR. DIEHL: Did you understand all of the terms? MR. ARMSTRONG: Yes. MR. DIEHL: Do you have any questions with 5 I?I i respect to the Lerllls LhaL you f:i-8rC1? MR. ARMSTRONG: NC). MR. DIEHL: And is it- your understanding that the stipulation that was put on the, record constitutes the entire agreement? MR. -u:r-,STRONG: Correct. NR. DIEHL: F,nd you accordingly agree? MR. ARMSTRONG: Yes. acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Th, a s, Diehl Walter L. Armstrong Attorney for Plaintiff Q-:3 n 42ong iffie MaryA ` eyufor Defendant 6 ',? WALTER L. ARMS'T'RONG, IN TI IE COU12"1' 01' COMMON PLEAS OI' Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION-LAW MARY L. ARMS'T'RONG, NO. 99-6742 CIVIL TERM Defendant IN DIVORCE • 1'IZACCIPGTO'fRANSi\•I1'f RI?CO12D TO TI-1 E PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: I I Irretrievable breakdown under §3301(c) 3394*)(4-)-of the-Divoree Celle. I (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by certified mail, restricted delivery on .I November 23, 1999. { 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of file Divorce Code: by Plaintiff: October 7, 2003 by Defendant: October 7 2003 j (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service ol'Ihe plaintiffs affidavit upon the respondent: q. Related claims pending: none 5. i Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, it copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the i Prothonotary: October S, 2003 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with file ?.j Prothonotary: October S, 2003 Bradli?y e-,? fire 'C i31PFr-K ASSOCIATES Atlornel'.for Plaintiff -- u? ?? _. ;: ..; _. ?? ._ .? C> WALTER L. ARMSTRONG, Plaintiff V. MARY L. ARMSTRONG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 671k CIVILTERM CIVIL ACTION - LAW IN DIVORCE'- o?l?r r???rr14`?a?l??? +?L> Rwlr•s You have been sued in Court. If you wish to defend against the claims set forth in the the following pages, you must take prompt action. You are warned that if you fail to do so, 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 PEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGF-IT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A OFFICE EC ORTI`-I BELOW TO FIND OUT AFFORD ONE, C O AN TO OR GET LEGAL HELP. TELEPHONE THE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 t WALTER L. ARMSTRONG, Ilaintiff V. MARY L. ARMSTRONG, Defendant IN'liili COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 6 7'12- CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCr, I'INDFR SEX-HONS3301(c) on13011(l) OP-1'IIF: DIVORCE CnDI? The Plaintiff Walter L. Armstrong, through his attorney, Thomas S. Dichl, makes the following Complaint in Divorce. and, in support thereof, avers as follows: 1. The Plaintiff, Walter L. Armstrong, is an adult individual who currently resides at 142 South Hanover Street, Apartment 3, Carlisle, Cumberland Coma, Pennsylvania 17013). 2. The Defendant, Mary L. Armstrong, is an adult individual who currently resides at 1510 Nc%vville Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant and the Plaintiff have been bona tide residents of the Commonwealth of Pennsylvania Im at least six months imrnediately prior to tite tiling of this Complaint. 4. The Plaintiff and the Del'cndant were married on October 19, 1974 in Pensacola, Florida. 5. There have been no prior actions of divorce or f'or annulment between the parties. 6. The marriage is irretrievably broken. 7. 'file Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the Court require the patties to participate in counseling. WHEREFORE. the Plaintiff, Walter L. Armstrong, respectfully requmsis this I looorable Co tin to miter a decree in divorce pursuant to 23 P.S. § 3,301(c) or 3301(d) of the Divorce Code. Date: Attornev litr the Plaintiff 401 Gast Louther Street, Suitor 103 Carlisle, Pennsylvania 17013 (717)3,10-0833 (717) 249-2407 -- PAX %RMSTRONG, Plaintiff MSERONG, Defendant IN TI IF COORTOF COMMON PLfiAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 99- CIVIL ACTION- LAW 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 IS Pa.C.S. § 4904. relating to unsworn falsification to authorities. WALTER I. ARMSTRONG, Plaintil7' WAI: miz L. ARMSTRONG, Plaintiff MARY L. ARMSTRONG, Defendant IN TI IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 99-6742 CIVILTERM IN DIVORCE AFFIDAVIT OF SERNIKIF, AND NOW, this 29°i clay of November 1999, comes'I'homas S. Diehl, Esquire, Attorney for the Plaintiff Walter L. Armstrong, and states that he personally mailed a certified copy of a Complaint in Divorce to the Defendant, Marv L. Armstrong, at 1510 Newville Road, Carlisle, Pennsylvania by certified, restricted deliver, return-receipt requested. A copy ol'said receipt is attached hereto indicating service was made on November 23, 1999. Respectfully submitted, fhomas S. D I J Attorney f'or the Plaintiff 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 240-0833 (717) 240-0893 - PAX Z 3 3 9 0 6 7 2'?3 u5 Postal Service Receipt for Certified Mail No insurance Coverage Novidet Do not use for Inlenlalional Idail See reverse) $eFiRRY L. ARMS'T'RONG f31 1 M1 Ih,mN 1510 NEIJVILLE ROAD r•. ml (IIL<n. Glaln,b 711`Gwl° CARLISI.[], PA 17013 P<osl.,pc-------- S .55 cen?ren me 1.40 nnra,aicl D,6e,y Frc 2.75 c' nchnnDate D0,1fell l0 L7 t'A,am & Date Oalc Oebntrd 1.25 a ne:mn RCrip $lan:rgbl'Omm. C.1:°.L ASLCSSC^S n'}I'^.55 o TOTAL Pys Y}?-4 Fces 5,%05 ? PaslmA,?? ,`1„ CL ? •_ J I also wash to receive the SENDER' mtO mcr„q l;nnl'o,?. lu. netlwninl sc,mcc'. totlowing services por an extra tee): ?! a .Cmnp ,n •ce«,ple,n itGnv' 3. •tn, mul .lb our nana and adA,ass On tnc mvasa ul ih¢ bun sn u,.n I' wa r.;nucenn , 0 Addressee's Address . u • Pam Y N [ant lu YOU mm, In n,n emn of u,e «ml:piaca, or on nne hneG d sp u :,ur door, nm Restricted Delive ry In . aua?n a„s nnu ncrr«csn-<ro„nnrma.:dq Consult postmaster for tee. a m tlin:uur,Lewas tlNu an,l liar dale fame Frm„«,nrcn„rt un•d 0 •i S h . o ? •TnO neLLrtn Rnrc'pl .,It show to w d ?r U Amide Number u I derv •,e Article Addressed to 3 a. e 067 263 Z 339 . t .`- NARY L. ARMSTRONG _ ab. Service Type h• Orlificd 110 1510 NtiIvVILLE ROAD Registered Cl 0 Insured E Eypress Mall u CARLISLE, PA 17013 El COD O Return Recei,t for Ltwchandrse _ o w 7. Date of Delivery G? r Innar,es ev r i L a. nddro- s?e? s Addross (onry Received ©. Pratt Na, Ir), 5 _ ,aul !ce is paidl: , s r . - 11,? I . 1 . L 1. T., --•? r 6. Sign atur Addre. see or Ageu) r o X e:z, Domestic Return Receipt • ;yn ,nnu T g PS Form 3811, December 1994 cl; C.', G" U WALTER L. ARMSTRONG, Plaintifl' vs. MARY L. ARMSTRONG, Defendant TO THE PROTHONOTARY: IN TFIE COURT Op COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 99-6742 CIVIL TERM IN DIVORCE PRAECIPE Please enter my appearance on behalf of the Defendant, Mary L. Armstrong, in the above captioned matter. DATE: .3 d4 0O G Fley L ,Urifie, Esquire North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 IN ? ' C- ii? ••1 U ?% o U WALTER L. ARMSTRONG, : IN TI IE COURT OI' COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY. 13ENNSYLVANIA V. :CIVIL ACTION - LAW MARY L. ARMSTRONG, NO. 1999-6742 Defendant : IN DIVORCE NOTICE TO PLEAD You are hereby notified to file a written response to the within Answer and Counterclaim within twenty days (20) days from service hereof or a judgment may be entered against you. WALTER L. ARMSTRONG. PlaintilT V. MARY L. ARMSTRONG. Defendant IN II IF COURT OF COMMON PLEAS OI' CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 1999.6712 IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE AND COUNTERCLAIM 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted 7. Admitted. COUNTERCLAIDI COUNTll Equitable Distribution S. Defendant's Answers to Plaintiff's paragraphs I through 7 are incorporated hereby b% references as ifsel forth in their full text. 9. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 10. Plaintiff and Defendant arejoint owners of real estate located in Cumberland County, which was acquired during their marriage and Which is subject to equitable distribution. 11. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE. Defendant requests your Honorable Court to enter a decree equitably dividing the parties' property and equitable apportioning the debts incurred by the parties. COUNT III Alimonv, Alimonv Pendente Lite, Counsel Fees and Expenses 12. Defendants Answers and averments set forth in Paragraphs I through II are incorporated herein by reference as if set forth in their full text. 13. Defendant is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 14. Defendant is without sufficient property and otherwise unable to financially support herself through appropriate employment. 15. I'laintiff is presently employed and receiving a substantial income and benefits and is able to pay liar counsel lees. expenses, and costs. as well as alimony. and alimony pendente lite for the Delcndant. WHEREFORE, Defendant requests your Honorable Court to enter an Order requiring Plaintiff to pay for Defendant's counsel lees, expenses. and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Defendant. Respectfulh submitted, y rtff .I'_squirc Rua v r,lo,? c%nrlunr PPIE & ASSOCIATES 200 North Hanover Street Carlisle. PA 17013 (717) 243-5551 (800) 347-5552 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. Section 4904, relating to unswom falsifications to authorities. DATE: J? I C 3 ° G Z i v?1 MARY L. ARC 'TRONG, Defendant ?J J J ?J r i? ?f ' ? J n `, , ? 1' ? ,? . ?'? T ? ? '( 1 J J ' '?: CJ WALTER L. ARMSTRONG, IN THE COURT OF COibIMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99 - 6742 CIVIL MARL' L. ARi%ISTRONG, Defenclant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Di`rgrcc Under Section 3301(c) of the Divorce Code was I filed on November?; 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninetY (90) clays have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE ;MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORTIES. DATE: WALTER L. ARMSTRONG ?r: ?: ." - -j , - ?_ `- ' L. _ ?? - 'i ? i? WALTER L. ARMSTRONG Plaintiff vs. MARY L. ARMSTRONG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 6742 CIVIL IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011C1 OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I xvill not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORTIES. 7 3 DAT WALTER L. ARMSTRONG ,_ . _ WALTER L. ARMSTRONG, : IN TI Ili COURTOF COMMON PLEAS 01' Plaintiff : CUMBERLANI)COUNfY, PHNNSYLVANIA V. :CIVIL DIVISION - LAW MARY L. ARMSTRONG, : NO. 99 - 6742 Civil. TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on / Nuvenil,cr? 1999. •/hllf`L 2. The marriage of the 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 alter service of notice of intention to request entry of the Decree. I verify that life statements made in this affidavit are Iruc and correct. I understand that false statements herein are made subject to life penalties of] 8 Pa.C.S. §-4909 relating to unsworn Ihlsif icalion to authorities. Date: -/Q./Z?l>> _ /y-U? - --- MARY LAS rR I C', Defendant WAIVER OF NOTICE, OE INEBNTION TO RLQUEST ENTRY OF A DIVORCE, DECREE, UNDER 63301(c) OF THE DIVORCE, CODE, I. I consent to the entry ofa Final Decree in Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until if Divorce Decree is entered by the Court and a copy of the Decree will be sent to file immediately alter it is filed with the Prothonotary. I verily that the statements made in this affidavit are Iruc and correct. I understand that false statements herein are made subject to the penalties of 13 Pa.C.S. $ 4909 relating to unswon, falsification to authorities. Date: /G ?j f 4 j / `!!/L-1 uLpt?[ ARYL AR - STRONG, Dcfendant ' u= ? ??? _ ?_ - <i WALTER L. ARNIST IRONG, IN TI IE COURTOF CONINION PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MARY L. ARMSTIZONG, NO. 1999-6742 Defbndant IN DIVORCE Income and Expense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or i f you arc salaried by a business of which you are the owner in whole or part, you must also fin out the Supplemental Income Statement which appears on page two of this income and expense statement.) INCONIE STATEMENT OF Marv L. Armstrong INCOME: Section 1: Income and Insurance Employer Walmart Address 60 Noble Blvd. Type of Work stocker 68.90/10 Payroll No. Gross pay per Pay Period S 712.00 Pay Period (wkly., bi-%%kly., etc.) bi-\vkly Itemized Payroll Deductions: Federal Withholding $ Social Security $ Local Wage Tax Is Stale Income Tu.e i s Reiiremnn S saving, Mend Credit Union i s Life Insurance $ Health Insurance S other Deduciiuns (specify) S S Net Pay per Pay Period S OTHER (Fill in Appropriate Column) INCOME NVEEK MON-rll YEAR Interest S S Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Workman's Compensation Other Other TOTAL S S S TOTAL INCOME S PROPERTY 01% ership* OWNED DESCRIPTION VALUE II NV ,I Checking.\ccouno $ Savings Accuunt. Credit Unwn Socks/Bond, ReM E,mic Other TOTAL S * li = 1-lusbantl: W = Wife; J = Joint This form is to be filled out by it person (1) who operated a business or Practicer a Profession, or , (2) who is a member of a Partnership or joint venture or _ (3) who is a shareholder in and is salaried by a closed corporation or similar entity b. Attach to this statemIcorpole till oe s??il rtentitys relating to the partnership, joint venture, business, profession, (1) the most recent Federal Income Tax Return, and .(2) the most recent profit and Loss Statement C. Name of business: Andress and telephone number: d. Nature of busincss (check one) (1) partnership (2) Joint venture (3) Profession (d) closed corporation (j) other c Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (1) liow often is income received? (2) Gross income per pay period: (3) Nct income per pay period: (q) Specified deductions, if any: Section 11: S1,11111 emental Income Statement Section III: I wenses Instructions: Only Show extraordinary expenses in fits section unless you hlkd out Section 11 on page ncu. The categories in 1101.1) FONT are especial Iy important for calculating child Support. If YOU are requesting Spousal SuppotVAN. or if you assert your case cannot be determined according to the guideline grids or Ibnnula, tllk section Bout be fully contplcred. (Fill in Appropriate COILIIttD) 1?xPF.NSE WEEK AIONI'II YEA It I+n• AfUngag?Rcm 6100.00 Maintenance hilitic< Electric 75.00 Gas Oil Telephone 45.00 Water Sesser Empby L [Oublic Transportation 90.00 'as ' R state al property owners Automobile' Life Accident Dealrit Other Automobile' payments' Fuel' Repairs' \ledical Doctor 10.00 Dentist 4o.00 Orthodontist "Hospital Uedicle Special needs (l'Ia\f ,,brain urthoprdlr dealces) E\PENSES ( Fill in Appropriate Column) (continued) WEEK \IOIY'1'll PEAR halucalim I'rhale School 1'arodJal Selmol colrege Religious Personal Clothing 200.00 Food 440.00 Barbed I lairdresscr 20.00 Credit Payments 1000.00 Credit Carl Charge Memberships Loans Credit Union t.liscellancous "Household Ilclp ChiIJ care Papemboo):s Magatincs 5.00 Entertainment 20.00 Pay TV Vacation Gifu 10.00 Legal fees 300.00 Charitable Contributions 5.00 Omer Child Support Alinuun' Payment Otter(LAmdry') 50.00 Cannot afford an automobile. Total WEEK MONTH YEAR Expenses S S ?9111.1111 S I scrify that the statements made in the foregoing document are tnte and correct. I understand that false statements herein are made subject to the penalties of I S Pa.C.S. Section 4904, relating to unswom falsifications to authorities. DA ,.?..-;?? a :rr..? _ .?• GRIFFIE & ASSOCIATES Altame is and Counselors ; It Lau' Bradley L. Grif e, Esquire 11111 North IlnnaYl'r Slrcrl Marylou Dlatas, Esquire (Mlle, R\ 17013 (717)243.5551 1(800)347.5552 Robin J. Goshorn Leg"11"?aent Clw a38 mbrnerth hur?, I'g,11tilrrrl .\ 172111 (7 Itepl) m: (nrli?le 17) 267-1350 Fnt(717)243-5063 August 2. 2002 E. Robert Elicker. It. Esquire Divorce iblaster 9 North I lanover Street Carlisle, PA 17013 RIArmstrong v. Armstrong No. 99-6742 Dear Mr. Elicker: I apologize that we have not yet tiled our Inventory and Appraisements or Pre-Trial Statements in the above captioned action. 'I-hey were due on July 12, 2002. I lowever, we have agreed to use a mutually selected appraiser to appraise two classic vehicles that were in Mr. Armstrong's possession at the time of separation. This is not a discovery issue, but there were sonic difficulties in scheduling the appraisal. We hope to have that appraisal accomplished short]}' at which time we will submit our Pre-Trial Statements and Inventory and Appraisement. In addition, I think it is important for you to be aware that Mr. Diehl, who represents Mr. Amtstrong, and 1 have had extensive discussions in this matter and we believe we will be able to provide you with a comprehensive stipulation relative to the assets and debts at issue in this case. In fact, it appears in our latest discussions that we may be able to stipulate to all assets and debts. If that is the case, obviously, that will expedite the Pre=Trial Conference, and if necessary, the settlement conference. Under those circumstances and in dealing with the limited marital assets and debts at issue, We are very hopeliul that through receipt of guidance from you We will be able to resolve this matter. Your attention and courtesy in allowing us an extension of time to file our Pre-Trial Statement and Inventory and Appraisement is appreciated. Vcn truly yours. 13LG/kjl % X_/?_1F, JIFvl_. Griffie cc: Man' L. Armstrong Thomas S. Diehl, Esquire Bradley L. Griffie, Esquire Mnrylou Mattis, Esquire. Wendy J. F. Grello, Esquire Attorneys and Counselors at Litt, 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 Robin J. Goslmrn l..gal A-..unm, Reply to: Carlisle April 11, 2003 E. Robert Elickcr, 11, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Dear Mr. Elickcr: Armstrong vs. Armstrong 38 North Main Street Chambershurg, PA 17201 (717) 267-1350 (800) 347-5552 Far (717) 243-5063 You have scheduled a settlement conference in the above-caption for May 19, 2003. In anticipation of earnestly attempting to resolve this natter at that time, 1 am submitting the enclosed Income and Expense and Inventory and Appraisemcnt. The Inventory and Appraisemcnt is based upon a Stipulation that I had prepared and which I thought included terms that were agreeable to Mr. Armstrong. Under any circumstances, they are the terns to which Ms. Armstrong will agree with respect to the various assets and debts. It appears, if I am correct in understanding Mr. Armstrong's position, that he has some additional items of personal property that he believes need to be included in the Stipulation. Otherwise, we do have conftmtation from Mr. Diehl on Mr. Armstrong's behalf that the debt issues are acceptable as presented and that the assets, as far as they go, are acceptable. Hopefully, even though we do not have a signed Stipulation, this will take us a great way toward resolving this matter in May. Your attention and courtesy is appreciated. truly yours, L. Griffie BLG/nlsg Cc: Thomas S. Diehl, Esquire Mary L. Armstrong WALTER L. ARMSTRONG. IN TI II: COURT OF CO,\-1.\ION PLEAS 01: Plaintiff CIIrIBER[.ANU COUNTY. I'I N'N'S)TVAN'IA ?'• CIVIL. ACTION - LAW MARY L. ARMSTRONG. NO. 1999-6742 Defendant IN 1)IV012CI? NOTICE TO PLEAD You are hereby notified to file a written response to the within Answer and Counterclaim within twenty days (20) days from service hereof or a judgment may be entered acainst vou. c E'ror?)mt?aar? WALTER L. AR%MSTRONG. Plaintiff MARY L. ARMSTRONG, Defendant IN TI IF COURT"' COATI ION I'LGAS OF CUM131iRLAND COUNTY. P NNSYLVANIA CIVIL ACTION - LAW NO. 1999.6742 IN DIVORCE? ANSWER TO COMPLAINT IN DIVORCE AND COUNTERCLAIM 1. Admitted. 2, .Admitted. 3. Admitted. 4. Admitted. j. Admitted. 6. Admitted 7. Admitted. COUNTGRCLAlM COUNT 11 Fcluitable Dislrihution S. Defendant s Answers to Plaintiff's paragraphs I through 7 arc incorporated hereby by references as if set forth in their full text. 1; _ 1 9. Plaintiff and Defendant are joint owners of various items of personal property, furniture. and household furnishings acquired during their marriage which are subject to equitable distribution. 10. Plaintiff and Defendant arejoint owners of real estate located in Cumberland County, which was acquired during their marriage and which is subject to equitable distribution. 11. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE. Defendant requests your Honorable Court to enter a decree equitably dividing the parties' property and equitable apportioning the debts incurred by the parties. COUNT III Alimony Alimony Pendente Lite. Counsel Tees and Expenses 12. Defendants Answers and averments set forth in Paragraphs I through 11 are incorporated herein by reference as if set forth in their full text. 13. Defendant is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 14. Defendant is without sufficient property and otherwise unable to financially support herself through appropriate employment. 15. Plaintiff is presentlN empimed and rcceiving a substantial income and benefits and is able to pay for counsel fees, expenses. and costs. as well :is alinuuly, and alintonN pendcme lite for the Defendant. WHEREFORE, Defendant requests your I lonorable Court to enter an Order requiring Plaintiff to pay for Defendant's counsel fees. expenses. and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Defendant. Respectfulh• submitted. squire r yif?fcr f0?Gltl 11G J' I FFIEa clA'TS 300 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (900) 347-5552 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. Section 4904, relating to unswom falsifications to authorities. DATE: v `6J ° TGZ Mt1RY L. A TRONG, Defendant WALTER L. ARMSTRONG, Plaintiff/Respondent vs. MARY L. ARMSTRONG, Defendant/Petitioner IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 99-6742 CIVIL TERM IN DIVORCE ORDER OF COOU?RTy/? AND NOW, this 3 of day of 1- 2000, upon presentation and consideration of the within Petition, and pursuant to 23 Pa.C.S. §3302, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff/Respondent, Walter L. Armstrong, shall participate with the Defendant/Petitioner in three counseling sessions, with the counseling sessions to be scheduled and paid for by Defendant/Petitioner, Mary L. Armstrong. These counseling sessions shall occur within the next sixty (60) days. BY THE COU J. a. : ?.^ WALTER L. ARMSTRONG, IN THE COURT OF COMMON PLEASE OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL DIVISION -LAW MARY L. ARMSTRONG, NO. 99-6742 CIVIL TERM Defendant IN DIVORCE PETITION FOR COUNSELING AND NOW, comes Petitioner, Mary L. Armstrong, by and through her counsel of record, Bradley L. Grittie, Esquire, and petitions the Court as follows: 1. Your Petitioner is the above named Defendant, Mary L. Armstrong. 2. Your Respondent is the above named Plaintiff, Walter L. Armstrong. 3. A Complaint in Divorce was initiated to the above docketed number on November 29, 1999. 4. Respondent is represented by Thomas S. Diehl, Esquire. 5. Petitioner is represented by Bradley L. Griftic, Esquire and has been represented in the past by Kristen Goddard Donsen, Esquire, on behalf of Griffie & Associates. 6. Negotiations in this matter relative to the Petitioner's request for the parties to participate in marriage counseling have resulted in the refusal of the Respondent, Walter L. Armstrong, to participate in marital counseling. 7. In recent correspondence from counsel for Respondent, Walter L. Armstrong's counsel has indicated that Mr. Armstrong will not participate in counseling without a Court Order compelling him to do so. 8. Petitioner believes and, therefore, avers that if the parties can participate in counseling, there is a chance of reconciliation, or, in the alternative, the parties will be able to amicably resolve their domestic matters rather than involve themselves in lengthy litigation. 9. Petitioner is willing to schedule the counseling sessions and compensate the counselor for services relative to these counseling sessions. WHEREFORE, Petitioner requests your Honorable Court, pursuant to 23 Pa.C.S. §3302, to require Respondent, Walter L. Armstrong, to participate in marriage counseling with Petitioner. Respectfully submitted, GRIFFIE & ASSOCIATES Brad " L,Griflie, Esquire rney for Petitioner 20t61\orth Hanover Street Carlisle, PA 17013 (717)243-5551 (800) 347-5552 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. Section 4904, relating to unsworn falsification to authorities. DATE: m(?rckj _ ' Z MARY L. AR STRONG 1 '.?ti Bradley L. Griffic, Esquire Marylou Matas, Esquire Robin J. Gosirorn Legal A.ssura'd Reply to: Curlisle GRIFFIE & ASSOCIATES Attorneys and Counselors At Lan, June 7, 2002 E. Robert Elicker, 11, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Armstrong vs. Armstrong No. 1999-6742 Dear Mr. Elicker: 200 North liaimer Street Curltsle, PA 17013 (717) 243.5551 1(800)347-5552 38 North \Iuio Strea Chmnhersburg, PA 17201 (717) 267-1350 Fax (7171243-5063 Enclosed herein please find an Answer and Counterclaim that we recently filed on behalf of Mary L. Amistrong. We did not initially raise the economic issues now raised in the counterclaim because of our ongoing efforts to reach an amicable conclusion to this case. Unfortunately, we have not been able to resolve the matter by agreement, which necessitated our filing our claim. Opposing counsel, Thomas Dichl, Esquire, is aware that we are proceeding in this fashion. If you have any questions regarding this, please feel free to contact me. truly Griffic BLG/rjg Enclosure cc: Thomas S. Diehl, Esquire Mary L. Amstrong WALTER L. ARMSTRONG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 6742 CIVIL MARY L. ARMSTRONG, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Thomas S. Diehl Walter L. Armstrong Counsel for Plaintiff Plaintiff Bradley L. Griffie Mary L. Armstrong Counsel for Defendant Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 19th day of May 2003, at 2:00 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: March 20, 2003 E. Robert Elicker, II Divorce Master * BRING TO THE CONFERENCE CURRENT INCOME STATEMENTS AND SPREADSHEETS SHOWING ASSETS AND VALUES. INDICATE THOSE VALUES WHICH BOTH PARTIES AGREE UPON. A MAY 3 0 1002 WALTER L. ARMSTRONG, :IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99 - 6742 CIVIL MARY L. ARMSTRONG, Defendant IN DIVORCE TO: Thomas S. Diehl Attorney for Plaintiff Bradley L. Griffie Attorney for Defendant DATE: Wednesday, May 29, 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 i l., /J- 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. 11 iu,FwE & Associ_ATEs Bradley L. Griffie, Esquire Marylou Matas, Esquire Wendy.l. F. Grella, Esquire Arronleys and Counselors at Law 200 North Hanover Street Carlisle, PA 17013 (717)243.5551 Robin J. Goshorn Argal.buuenr 38 North Alain Street Charnbersburg, PA 17201 (717) 267-1350 (800) 347-5552 Replvto:Carlisle March 19, 2003 Far(717)243-5063 E. Robert Elickcr, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Armstrong v. Armstrong No. 1999-6742 Dear Mr. Elickcr: You will recall that many months ago, this matter was listed with you for resolution. Based upon agreements of the parties to secure one appraisal to appraise the vehicles that are in Mr. Armstrong's possession, and in hopes of securing a comprehensive stipulation relative to all or most marital assets and debts, we delayed the filing of the Pre-Trial Statements. At this juncture, we have now reached the point where any further negotiations will not be fruitful. With this in mind, I respectfully request that you schedule a date for the filing of the Pre-Trial Conference Memorandum. Also, if possible, I would appreciate if you could schedule the Pre-Trial Conference as well. We are dealing with more debt than assets in this case, with the exception of a military pension. I believe that we have reached an agreement, based upon correspondence between Mr. Dichl and me, which will allow us to stipulate to all debts, including consideration for interest paid on those debts. Therefore, the issue of debts should be relatively simple. Similarly, we believe we are in the process of stipulating to the values of every asset with the possibility of a disagreement over some limited personal property items. Once again, such a Stipulation will allow for us to expeditiously file Pre-Trial Statements and should move this matter along promptly. Any assistance you can lend in this regard would be appreciated. - Ver fly yours, cy L- Griffie BLG/kjl i Cc: Thomas S. Diehl, Esquire Mary L. Armstrong OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, If Divorce Master Traci Jo Colyer Office Manager/Reporter West Shore 697-0371 Ext. 6535 June 13, 2002 Thomas S. Diehl, Esquire MISLITSKY & DIEHL One West High Street Suite 208 P.O. Box 1290 Carlisle, PA 17013 RE: Walter L. Armstrong vs No. 99 - 6742 Civil In Divorce Dear Mr. Diehl and Mr. Griffie: Bradley L. Griffe, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 Mary L. Armstrong Counsel have certified that discovery is complete. Therefore, I am going to proceed on the basis that there will be no discovery matters arising at the time of the pre-hearing conference so we can move this case forward. A divorce complaint was filed on November 8, 1999, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. An answer to the complaint and counterclaim were tiled on June 3, 2002, raising economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Friday, July 12, 2002. Upon receipt of the pretrial statements, I will immediately schedule a pre- Mr. Diehl and Mr. Griffie, Attorneys at Law 13 June 2002 Page 2 hearing conference with counsel to discuss the issues, and if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, 11 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. WALTER L. ARMSTRONG Plaintiff vs. MARY L. ARMSTRONG, Defendant :IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 6742 CIVIL IN DIVORCE TO: Thomas S. Diehl Attorney for Plaintiff Bradley L. Griffie Attorney for Defendant DATE: Wednesday, May 29, 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 requ- a is not complete in order to pre -e- he case for trial and indicate whether ererare any outstanding interrogato ' or discovery motions. J (b) Provide approximate dat n discovery will be complete and indi what action is being taken to complete covery. DATE O LAINTIFF ( ) •L y' R DEFENDANT (?f NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. I lwcv u.?...?.. ? . r t ?_ w tll v 1t .? r. y Itt ? m_ O V ?t _ N Q .f K L d t0 O 6 r tU dm V ? 'c p fn > d N Q p C M? C Q u L d 0 u U W Z O mU V LArlu s W O ? w y y W W ? 6 w y2W0 y?6 60 W WOyy6 V co 60`m0 C/ 6LL w W J J ~ U) . M ?wm Z r,z zr oo? J ?. Q O wOco J U) C,4 _ < .,Zr C L r ? .r R ?t fV .t f{i w G1 I a G2u.T.TIE & Assoc AgTs Atromc} s and Counselors at Law Bradley L. Griffic, Esquire 200 North Ilan over Street Carlisle, PA 17013 Marylou Mains, Esquire (717) 243-5551 Wendy .1. R. Grella, Esquire 3H North Main Street Chambersburg, ICS 17201 Rohin.l. Goshorn (717) 267-1350 r.,xnl.1„ivnnr (X00)347-5552 Reply to: Carlisle Fav (717) 243.5063 July 3, 2003 E. Robert Clicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Armstrong v. Armstrong No. 1999-6742 Dear Mr. Elicker: Despite the fact that we felt we had an agreement in this matter and prepared an Agreement that has been forwarded to Attorney Dichl, it appears that Mr. Armstrong is not willing to agree to the terms that were reached between counsel. I notified Mr. Dichl that if we did not have a signed Agreement back in our hands by July 1, 2003, we would request that you schedule this matter for a hearing. As unfortunate as this may be, as the parties, I thought, had .reached an Agreement, we apparently must have this scheduled for a hearing if we are going to advance and finalize the case. Your attention and courtesy is appreciated. Very truly yours, Griffic BLG/kjl Cc: Thomas S. Dichl, Esquire Mary L. Armstrong 1r- WALTER L. ARMSTRONG V. MARY L. ARMSTRONG IN DIVORCE ORDER AND NOTICESI TTINGIIEARING TO: Walter L. Armstrong Thomas S. Diehl Mary L. Amistrong Bradley L. Griffie IN TI IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6742 Plaintiff , Counsel for Plaintiff , Defendant Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Off-ice of the Divorce Master, 9 North Flanover Street, Carlisle, Pennsylvania, on the October 2003 at 9:00 and tine you will be given the opportunity to present witnesses and exhibits in support of your case. By the Court, ` ? ? IIITTT Georg E. I-loffer, President Budge Notice: 7/2 1 7th Date of Order and03 day of a.m., at which place By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPI-IONE THE OFFICE SET FORTIi BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PA 17013 TELEPI-IONE (717) 249-3166 MISLITSKY AND DIEHL THOMAS S. DIEHL RICHARD P. MISLITSKY* KIMBERLY L. HOUGH LEGAL ASSISTANT KATHIE J. DIEHL LEGAL SECRETARY REPLY TO: CARLISLE June 11, 2002 Robert Elicker Divorce Master 13 North Hanover Street Carlisle, PA 17013 RE: Waller L. Arnrs(rong v. Ilfarj> L. Armstrong No. 1999-6742 In Divorce Dear Mr. Elicker: ONE WEST HIGH STREET SUITE 208 P.O. BOX 1290 CARLISLE. PENNSYLVANIA 17013 (717) 240-0833 14 NORTH MAIN STREET SUITE 550 CNAhIeERSBU RG. PEN(1) 17201 (717) 240.0893 - FACSIMILE FILE No. 99239 Please find enclosed Plaintiff's Certification indicating that discovery is complete in the above above-captioned matter. Vtruly y t Thomas S. Diehl -I'SD/klh Enclosure cc: Walter L. Armstrong (w/ each Bradley L. Griffie, Esquire (w/ encl) BOARD TRIAL ADVOCACY CERTIFIED AS A PENNSYLVANIA ADVOCATE SUPREME Y COTHE URT ACCREDITED AGENCY WALTER L. ARMSTRONG, Plaintiff V. MARY L. ARMSTRONG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1999-6742 IN DIVORCE INVENTORY AND APPRAISMENT OF DEFENDANT. (NARY L. ARMSTRONG Mary L. Armstrong, Defendant, files this 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. Mary L. Armstrong, Defendant, verifies that the statements made in this inventory are true and correct. Dcfcndant further understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. MARY L. ARMSTRONG, Defendant ASSETS OF PARTIES Mary L. Armstrong, Defendant, marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) (X) (X) I . Real property 2. Motor vehicles 3. Stocks, bond, securities and options 4. Certificates of deposit 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 current beneficiaries) 10. 12. 13. 14. 15. ( ) 16. Annuities Gifts Inheritances surrender value and Patents, copyrights, invention, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits-severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) ( ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/V.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgage held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list ofdistribution of such assets is in dispute) ( ) 26. Other LIABILITIES OF PARTIES Mary L. Armstrong, Defendant, marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages. SECURED ( ) I. Mortgages ( ) 2. Judgments ( ) 3. Liens ( ) 4. Other Secured Liabilities UNSECURED (X) 5. Credit Card Balances ( ) G. Purchases ( ) 7. Loan Payments ( ) S. Notes Payable ( ) 9. Other Unsecured Liabilities CONTINGENT OR DEFERRED ( ) 10. Contract or Agreements ( ) 11. Promissory Notes ( ) 12. Lawsuits ( ) 13. Options ( ) 14. Taxes ( ) 15. Other Contingent or Deferred Liabilities a 0 •? C Q O C C C C G C C C L ;G Z ! l 7_ o G' 2 o l L. 0 u C C C c 0 ti. u Z 0 u o a a p ° c ?? ? u u u O y N N O 0 U U U L L L D 4J L L L (,- ? U O O O O O O U O O O ? O ? c:. O O O O O O p 0 C3 O vl N CD 0 > En N fE (n O !n _ En (A ? V) nl C O •y u h a ? ? ? ? c3 u n 2 2 .- _ c _ ? c a> 0 U a u L - _ ? u Q ?- ? -o -o c c ? `: u F c n c c ? y Q C -0- 7 ? ? '? = 7 i C S . 2 _T.. 2 S a 75 u T O O C. y .O C C i i0. i 1 0 C o u U C L L p u u N 0 F q n Q p a u O a % o U C 7 0 v ' o 4 o o C 'C ? 0 0 0 1 y u u O ^ O u- G U r G :? G C G C. G j U U CD ?? U h cn = H •?? c '. V O CJ .O U E V' C^J Vl N I C` f`l N f`I N C O r U r r L Q r W W Is n >1 >1 c u L (•J G p cn V C cl O Q 00 r v %0 00 N N ?o O\ f^ N ;71 N W ^ 00 o6 IT N V N O C; O m M M C% L7 M N L O U H 'u U O U V o w Q ¢ tv U .v O Q 1 G V ° vONi ¢ eq C F 0 U U V] •O U v U R n _ C _O _c •L O •o e2? U `• u U U U U .9 ca U U 'u U .D `a U U U U 'J a` U U o L U 4 U O c`n .- U U U > U U U Ln p U U E ? d .a ci 'c ci ? to G O C N .u U L P. N Q M STIPULATION AND AGREEMENT AND NOW, the day and year hereinafter set forth, the parties hereto, WALTER L. ARMSTRONG, Plaintiff (hereinafter referred to as "Husband") and MARY L. ARMSTRONG, Defendant (hereinafter referred to as "Wife") stipulate and agree its follows: 1. At the time of the parties' separation, they had the following debts with the following named creditors with the stated balances: Creditor Balance Discover S 2,865.75 AT&T 1,741.96 GB 717.65 Bank of America 4,833.23 VISA (Associates) 485.76 Spiegel 141.23 Bon-Ton 300.00 Victoria Secrets 936.38 TOTAL: 512,02499 2. All payments made on these credit cards were paid by Wife. 3. The parties stipulate to the use of the figure of 55,233.34 as the total accumulated interest paid by Wife on these accounts since the date of separation. --Page I of4-- 4. 5. 6. 7. S. Due to the fact (flat Wife has continual to use sonic of these credit cards, has paid off the credit cards with lower rate cards and has made other financial arrattgcntcnts to pay for these debts, the parties agree that the stated date of separation balance is the amount that will be used as being paid in full by Wife and the stated interest will be the only interest to be credited to Wife as having been paid. The parties' marital assets and their values are stipulated to be as follows: 1990 Pontiac Transport 1977 Pontiac Pircbird 1974 Pontiac Pircbird 1999 Federal Income Tax Rclurn Mellon Bank - savings account Mellon Bank - checkingaccouttt I lnsband's Military Retirement S O.00 1,500.00 2,200.00 484.36 150.00 500.00 2,400.00/ month (appx.) These arc the only items of marital property available for distribution, and there values to be distributed are as stated with the sole exception as hereinafter stated. The parties have not been able to stipulate to the value of the personal property items, such as household furnishings, appliances, and the like that were in their possession as of the time of separation and that issue will need to be addressed by the Master. It is the parties' desire and intention that the Master use these values and listings of assets and debts as the only assets and debts to be addressed in the Master's -41age 2 ofd-- :11111 proceedings, presently helixe the standing Divorce Master, E. Robert Elicker, II, E 'squire. 9. Neither party will raise additional issues of debts or assets, but rather the parties shall request the Master's intervention in determining a distribution of said assets and debts, alone, based upon relevant distribution lactors. 10. Wife reserves the right to pursue her claim for alimony, alimony pendente lilt, counsel fees and expenses as raised in the pleadings. IN WITNESS WIIERBOP, the parties hereto set forth their hands and seals the day and year hereinafter written intending to be bound and to legally bind their executors, heirs, and assigns. Wfl iNESSLTI 1: Thomas S. Diehl, Esquire Date WALTER L. ARMSTRONG Auorney for PlainrifJ/fiasband PlaimiJJ/Ilusbnnd Bradley L. Griflic, [squire Arrorncv fnr Defendandl Pile Date .-Pace 3 ofd-- MARY L. ARMSTRONG Dcfendawll Ni fe COMMONWEALTH OF PENNSYLVANIA COUNTYOF CUMBERLAND On this day of , 2003, before mc, the undersigned officer, personally appeared IVALTF_R L. ARMSTRONG, known to me (or satisfactory proven) to be the person whose name is subscribed to file within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, t hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this day of , 2003, before me, the undersigned officer, personally appeared A/ARY L. ARAJSTRONG, known to inc (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Public --Page 4 of 4-- OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci Jo Colyer Office Manager/Reporter October 8, 2003 West Shore 697.0371 Ext. 6535 Thomas S. Diehl Bradley L. Griffie Attorney at Law Attorney at Law MISLITSKY & DIEHL GRIFFIE & ASSOCIATES One West High Street Suite 208 P O 200 North Hanover Street , . . Box 12 90 Carlisle, PA 17013 Carlisle, PA 17013 RE: Walter L. Armstrong vs. Mary L. Armstrong No. 99 - 6742 Civil In Divorc e Dear Mr. Diehl and Mr. Griffie: Enclosed is a draft of the agreement which you put on the record on October 7, 2003. Please review the draft for any corrections with the understanding that no substantive changes can be made. After you have reviewed the draft, give us a call SO we can make appropriate corrections. We will send the corrected original to the Plaintiff's attorney for signature who then can transmit the original to the Defendant's attorney for signature. When I receive a signed copy of the document, I will then obtain a Court order vacating my appointment. Thank you for your continuing cooperation in bringing this matter to settlement. Very truly yours, E. Robert Elicker, II Divorce Master RI,,FFIE & AssoCiATES Bradley L. Griffic, Esquire Marylou Maws, Esquire Wendy.l. F. Grella, Esquire Rabin .I. GmImm Reply to: Carlisle J L. Robert Llickcr, 11, Esquire Divorce Master 9 North Hanover Street Carlisle. PA 17013 Thomas S. Dichl, Esquire P.O. Box 1290 Carlisle, PA 17013 RE: Armslrom, v. Armstrong No. 99-6742 Dear Mr. Llickcr and Mr. Diehl: October 13, 2003 200 North lbumer Street Carlisle, PA 171113 (717) 243.5551 38 North Mitin Street Chombershurg, PA 17201 (717) 267-1350 (81111) 347-5552 Far (717) 243-5063 My review of the agreement and stipulation in this matter found only one area where we want to avoid any possible confusion in the future. This relates to the 51,200.00 per month payment my client will receive from the United States Army Retirement Pay System. As the parties and counsel agreed, this amount will be paid cacti an every month together with any COLA increases. 'chat is specified in the documcm. However, I also want to make sure that if the full sum of S1,200.00 is not received by my client from the pay center, for any reason whatsoever, that fYlr. Armstrong is obligated to ensure my client receives that monthly suns. Whether the payment comes front the pay center or Mr. Armstrong, the total amount will be it gross anwunt and will be taxable to my client. Therefore, I am requesting, in order to avoid confusion or complications when we go to implement this Order, that the lollowin<, sentence be added to paragraph 2 in line 16 after the words "payment of S 1.200.00 by the 10Y day of each month." 'file new language to be inserted should be: "Further, in the event that at any point in the future 11or whatever reason, the military pay center is unable to or fails to pay to Wile the sum or S 1,200.00 plus any appropriate COLA incrcascs, husband shall be obligated to supplement any sums received by Wife from the military pay center to bring her total amount each month to the sum of S1,200.00 plus COLA incrcascs.., I do not think this changes anything, but I just want to make sure that if for some reason there are complications in my client receiving her money, either in whole or in part, from the retirement pay center, Mr. Armstrong is obligated to pity than amount. 1 do not believe this is an addition or modification to the Agreement, but rather it clarification. Atmrnevs and Counselors at Ltnr By forwarding this correspondence to Mr. Dichl, I ask that he confirm with Mr. Flicker that this addition is acceptable. V ay truly yours, dley . Griffie v BLG/kjl Cc: Mary L. Arr LAW OFFICES OF THOMAS S. DIEHL THOMAS S. DIEHL, ESQUIRE KIMOERLY L. HOUGH LEGAL ASSISTANT REPLY TO' CARLISLE OFFICE ONE WEST HIGH STREET. SUITE 208 P.O. Box 1290 CARLISLE. PENNSYLVANIA 17013 (717) 240.0833 FAC MNRU ( 717) 240-0893 CHAMRER]RIIRG 14 NORTH MAIN STREET. SUITE 930 CNAMIIERSOURG. PENNSYLVANIA 17201 (717) 261-0208 ATTORNEYDIEH L@MSN. COM FILE No. 99239 October 23, 2003 E. Robert Elicker, II, Esquire Divorce Mater 9 North Hanover Street Carlisle, PA 17013 RE: Armstrong v. Armstrong No. 99-6742 Dear Mr. Elicker: I have received a copy of Mr. Griffie's October 13, 2003, and agree that the language that he has proposed regarding the $1,200.00/month payment from Husband's retirement is merely a clarification of the parties' intended agreement, and not a substantive change. If I may provide any further input in this matter, please contact me. Very truly yours, TSD/klh cc: Walter Armstrong Bradley Griffie, Esquire - i hl WALTER nL.IIA'RMSTONG IN THE COURT Or COMMON PLEAS or 't/f??? 21TNIlfi G??J CUMBERLAND COUNTY, PENNSYLVANIA Paintiff CIVIL ACTION - LAW VS. No. 99 -67 2 CIVIL Ig MARY L. ARMSTRONG IN DIVORCE ?.l . I I f i? Derel,da!„ STATUS SHEET DATE: ACTIVITIES: ?M 1 l ? n! • J l P, IT 7 1 17, 7.7 - If .t?l.• i,••l ?!'?/ l d ? /!_..?'r C. ,_ ... r ,. a ar,.l cc-/dT,_I•. ?a..J_rl ??'?. CGiEct/ta nt _ -?t'?j'•?f?.'Cn--..:,Chn?-t(Cf.,, ,...:'? C.UA L.ji?Cnn .l•_?Cf,'?e?, f??n.l?. ??,.?', C . /cat, .? !•... (tttoc `, i.,.rf?tf 1 , i:'t!•, 1 (l 1. .. !, rl' `:n. ?.?( f/= 2 1 1{1. 1 f , WALTER L. ARMSTRONG, Plaintiff VS. MARY L. ARMSTRONG Defendant TO: Thomas S. Diehl Bradley L. Griffie :IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 6742 CIVIL IN DIVORCE Attorney for Plaintiff Attorney for Defendant DATE: Wednesday, May 29, 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. !1 (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 IM14EDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. GPJFF-TE & Also r-AL ES Attorneys and Counselors at La it, Bradley L. Criflie, Esquire \latylou Maths, Esquire Wendv l F. Crella, Esquire Brian C. Bonuuan, Esquire Robin .1. Gosimm GroJ.lni?ram Replr to: Carlisle December 3. 2003 E. Robert Elieker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Armstrong vs. Armstrong Dear Mr. Elicker: 200 North Ilunocer Slreel Carlisle, PA 17013 (717) 243-5551 38 North Main Street Chambersburg, PA 17201 (717) 267-1350 (800) 347-5552 Pia (717) 243-51163 Your files will reflect that we resolved the above-captioned divorce action through the parties entering a Stipulation on the record in your office on the day that the Master's hearing was scheduled back in October. Unfortunately, your computer equipment in the office was not working sufficiently to allow its to return to the office on that day, as is your normal practice, to sign that Stipulation. Since that time, the Stipulation has been finalized and is approved by both counsel. My client has signed all of the topics of the Stipulation and they were forwarded to opposing counsel. Similarly, I have prepared a Qualified Domestic Relations Order (QDRO) that is required in this case, and it has been approved by Mr. Diehl on Mr. Armstrong's behalf. Unfortunately, Mr. Diehl has not been able to gain Mr. Armstrong's cooperation relative to signing the Stipulation and the QDRO. As you may be aware, Mr. Diehl is leaving private practice and, in fact, has already started his new employment with the Pennsylvania Ethics Commission, which employment began on December 1, 2003. My client, for various reasons, needs to have this case completed. I ant not sure whether there is sonic procedure that we can follow through your office to have the Stipulation simply entered of record without Mr. Armstrong's signature, based upon the fact that he was present and acknowledged the Agreement at that time, or whether this is something that we must resolve in sonic other fashion. You also may recall that there was,in addition of a sentence or two to the Stipulation for clarification purposes relative to the QDRO, which means that we do not have Mr. Armstrong's actual conlinnation to that modification on the record, although we do have Mr. Dichl's confirmation that the language is acceptable. I am aware that Mr. Dichl engaged in Herculean eflbrts to secure Mr. Armstrong's signature, but apparently was unsuccessrul. I am aware that he continues to hold several of his files and is making every effort to follow-up on resolving those files. The Armstrong file is one orthose files. Please let me know if there is any action that you suggest I might take in order to advance this matter to it final resolution so that we can secure a Decree and a final Stipulation, as well as a signed QDRO. Your courtesy is appreciated. Very truly yours, ?13;ay L. Griflie BLG/ntsg Cc: Thomas S. Dichl, Esquire Mary L. Armstrong a HT`S i)t THE COURT OF COP210B ?LFa3 OF CL^6E.IOM COW T', 2°_NSYLVATTA WALTER L ARMSTRONG, ?lainciff vs. MARY L. ARMSTRONG, Defendant 140. 99-6742 CIVIL TERM MOTION FOR A.P?OrNMT .`IT OF MASTER Mary L. Armstrong (Defendant), coves the court co appoint a master with respect to the following claims: ( X) Divorce ( X ) Distribution of ?roper/ ( ) annulment ( ) support ( X) alimony ( X) Ccunsel Fees ( X) alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as co the claims(s) for which the appointment of a master is requested. (2) The defendant (has) Ghesoooc? appeared is the action Cpersonally; Faction). (by his attorney, Thomas S. Diehl (3) The statutory ground(s) for divorce (1W) (are) 3301 (c) and Delete the inaool_caoiz para?_s;+„??:• (a)?t?a`n nx..nnnAac.c-y - (b) an agreement has been reached with respect co the Ollpwing C13'_1'S: (c) The action is contested with respect co the following claims: All of the above - (3) The action G meW (does nor '_•:•rolve) complex issues of law or fact. 1 ft?&) (days). (5) The hearing is z••cpected to take (i) additional information, if any. relevant to the motion: Date: y0•?- (Jefendanr) ORDER A2?0PiTIVG :L STER W[,T3? 0 is. apooi., d :aster +: n specs co the following t'_a s: /-- 3: the Cou- ?- r' ? c' ?'. R. 5 L . ' _,.,.. i __ j WALTER L. ARMSTRONG, IN THE COURT OF COMt]Ot4 PLEAS OF i 1 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99 - 67,12 CIVIL MARY L. ARMSTRONG, Defendant IN DIVORCE, ORDER OF COURT AND NOW, this n day of 2003, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on October 7, 2003, the date set for a Master's hearing, the agreement and stipulation having been transcribed, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, CC: Thomas S. Diehl Attorney for Plaintiff Bradley L. Griffie Attorney for Defendant George E. Hoffer, p, ?a.su3 NITY t PALTER L. ARI-ISTRONG, lid THE COUP.`!' OF CTION PLEAS OF Plaintiff CUMBERLAND COVJNTt PEMNSYLVANIA vs. NO. 99 - 6742 CIVII, MARY L. A.RI•ISTROMG, Defendant 1i1 DIVORCE IVE MASTER: Today is Tuesday, October 7, 2003. This is the date set for a hearing in to above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Walter L. Armstrong, and his counsel Thomas S. Diehl, and the Defendant, Mary L. Armstrong, and her counsel Bradley L. Griffie This action was commenced by the filing of a complaint in divorce on November 8, 1999, raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided affidavits of consent and v.,aivers of notice of intention to request entry of divorce decree signed and dated today by the parties. The affidavits and waivers will be filed by the Plaster's office Kth the Prothonotary. The divorce can, therefore, conclude under Section 3301(c) of the Domestic Relations Code. On June 3, 2002, the Defendant filed an answer and counterclaim. in the counterclaim she raised economic issues of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. i I v The Master has been advised that after negotiations this morning, the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement will be transcribed and provided to counsel and the parties to review for typographical errors. After any corrections are made, the parties will be asked to sign the agreement affirming the terms of settlement as stated on the record. If the agreement is not signed by the parties, they are still bound by the terms of settlement as stated on the record when they leave the hearing room today, the signing being simply an affirmation of the terms that have been placed on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final agree in divorce. Mr. Griffie. MR. GRIFFIE: If the Master please. The parties have resolved all of the issues raised as follows: 2 J 1. The parties will execute or have executed at this time an affidavit of consent and a waiver of notice of intention to request the entry of decree in divorce to allow the Court to enter a divorce under Section 3301(c) of the divorce code. 2. Husband is a participant in the United States Army retirement pay system and as such agrees that wife shall be entitled to receive the sum of $1,200.00 per month from military pay effective November 1, 2003. A QDRO or similar documents shall be prepared by wife's counsel for execution by the parties to provide for that sum to be distributed directly to wife each month. The sum of $1,200.00 shall be supplemented in future years with any cost of living increases received by husband. In the event that husband receives a cost of living increase, for example, of 2% on his military retirement pay, wife shall be entitled to a 2% increase of her share of the pension or in other words an increase of $21.00 per month. Until such time as the QDRO is implemented so that payment is received directly from the pay center to wife, husband shall be obligated to make payment of $1,200.00 by the 10th day of each month. Further, in the event that at any point in the future for whatever reason, the military pay center is unable to or fails to pay to wife the sum of $1,200.00 plus any appropriate COLA increases, husband shall be obligated to supplement any sums received by wife from the military pay center to bring her total amount each month to the sum of $1,200.00 plus COLA increases. The QDRO provided herein is a distribution of property and as such the $1,200.00 amount that wife receives is a gross amount and will be taxed by either the military center or otherwise wife will be obligated to pay tax on that amount. It is also acknowledged that husband selected a survivor benefit plan at the time of retirement and wife shall remain as a survivor on the survivor benefit plan. 3. Husband shall compensate wife in a lump sum amour.t of $8,750.00 by making payment to her through the parties' counsel within 21 days of today's date. The lump sum payment then made shall be the only further distribution in cash due from either party to the other. 4. Wife shall assume the following credit card or marital debt that existed at the time of the parties' separation, including the following: Discover, AT&T, GE, Bank of America, Visa (Associates), Spiegel, Bon-Ton and Victoria Secret. 3 Wife shall indemnify husband and hold him harmless from and against any and all demand for payment or collection activity of any nature whatsoever on account of the aforesaid debts. In addition, any debts that the parties have incurred in their name alone subsequent to the date of separation, being April 25, 1999, shall be that party's sole responsibility and they shall indemnify the other party and hold the other party harmless from any demands for payment or collection activity of any post separation debt incurred. In the event that any of the credit cards assumed by wife herein remain as joint debts with husband as an obligor, in the event wife would fail to pay those debts or otherwise have husband's name removed as an obligor such that it creates any efforts on the part of the creditors to collect against husband, including wife's attempts to discharge such debts in bankruptcy, shall be afforded husband the opportunity to initiate proceedings to collect any sums he is obligated to pay as alimony from wife. 5. All personal property shall remain with the party presently in possession. This specifically includes the vehicles that the parties have retained such that wife shall retain the 1990 Pontiac Transport and husband shall retain the 1979 Pontiac Firebird and the 1977 Pontiac Firebird. In the event that it is necessary for either party to sign any documents to transfer ownership of the vehicles to the other party, they will do so promptly upon being requested to do so. This includes execution of the title, a power of attorney for transfer of the title and any similar documents. 6. Wife's claim for alimony, attorney fees, costs and expenses is hereby withdrawn except as herein otherwise provided. 7. Husband shall cooperate and assist in executing and completing any documents that are necessary in order to allow wife and the parties' youngest daughter Nicole to receive any military or health insurance benefits to which they are otherwise entitled to through the United States military. 8. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or 4 the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other e:.ecute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect- this mutual waiver and relinquishment of all such interest, rights, and claims. MR. GRIFFIE: Ms. Armstrong, were you present in the room just now to hear me dictate the entire agreement between you and Mr. Armstrong? MS. ARMSTRONG: Yes, I arias. MR. GRIFFIE: Did you understand all of the terms? MS. ARMSTRONG: Yes, I do. MR. GRIFFIE: Is it your desire to resolve all of the issues that have been raised in your divorce through this agreement? MS. ARMSTRONG: Yes. MR. DIEHL: Mr. Armstrong, likewise, did you have an opportunity to hear all of the terms mentioned with respect to the agreement? MR. ARMSTRONG: Yes. MR. DIEHL: Did you understand all of the terms? MR. ARMSTRONG: Yes. MR. DIEHL: Do you have any questions with 5 respect to the terms that you heard? MR. ARMSTRONG: No. MR. DIEHL: And is it your understanding that the stipulation that was put on the record constitutes the entire agreement? MR. ARMSTRONG: Correct. MR. DIEHL: And you accordingly agree? MR. ARMSTRONG: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Thomas S. Diehl Attorney for Plaintiff Bradley L. Griffie Attorney for Defendant Walter L. Armstrong Mary L. Armstrong 6 Dee 00 03 03:16P Griffie & Pssootetes 7172435063 ! P.2 JAN 0 7 2004 WALTER L. AR`dSTROV(i. IN THE COURT OF CONINION PLEAS OF Plaintiff CU Ml3[sRI.AND000NTY,PlN?SYLVANIA C1\11, ACTION - LAW MARY L. ARMSTRONG, NO. 99-6-142 CIVIL TERV1 Ucfend=t IN DIVORCE NIMIT %RY UA-UFYI\G DOMESTIC RELATIONS ORDER The purtics aclutowlcdgc that WALTER L. ARMSTRONG is currcntip rctircd front his pror sviec with the United States Amty. MARY L. ARMSTRONG is the former spouse or WALTER L. ARb1STRONG and as such has an interest in these rctirernent benefit: and shall rcocivc a portion or the divisible retirement ben,litS available to WALTER L. A.KMSfRONG. Further. WALTER L. ARIMSTRONG (hcreinaile. referred to as "Participant') shall assiat MARY L. ARMSTRONG (L•creinnftcr referred to as "Altercate Payee') in Submitting any application(s) or documents necessary W secure her share of the divisible retirement benefits or pay as awarded I:cre:n. curity n?mi er and dote of birth arc ?. i he Participant's name, mailiu_ address, social. Name: waltec L.:\rmstro•t >ddres,: 1303 Rimer I Iis'hway 3 Car!isic, PA 1701 S,S,No.: 5R5-66-39-9 U.O.S.: October 36, '.a5- •• PaS?c i a r 1 1-- Dec 0B 03 03116p ism, GrifPie 6 Asscotaces 7172435063 3. The AltCmatc Piycc arc: Name: Address! S.S.No.: D.O.B.: s uame, mailing address, social security number and date of birth Mar. L. Amtstrona 159 West Louthcr. Strcer, Apt. 3 Carlisle, PA 17013 261-I3-0662 February 25, 1952 4. Participant assigns to Aiternate Payee an interest in 1'artwipanl's retired pay. Alternate Payce i.s untitled to a direct payment in die amount hereinafter specified and shall receive paymet:h at the same time as Participant. Participant's riohrs under the Soldiers and Sailors Relief Act of 1940 (50 UPC Section 521) were observed by the Court ae evidence by Participant'.; socuring legal counsel fi•om Thomas S. Dichl, Esqui:c, wd:osc signature serves as witness to i:atlicipant's signature to this document. (i. Alternate Payee is hereby awarded ONE THOUSAND TWO HUNDRED AND M100 (51.200.00) DOLLARS from Participant's Uttited Statas Army disposah!_ military retired pay begituung immediately upon receipt and aeceptn= of this Dumestic Relatiur_? Order b) the Defense Finance and Accounting Services (DrAS). Said award and distribution shall be in accordance with and co Lstrucd by the Uairom Scrrccs Porn:er Spouse Protection Act of September 3, 1992 (Publie Law 97-252). in :niditio;: to the above. Ahcrnate Payce shall rcuctvc a prorate share of any cost L):' livingadjututcnis made to the Participant's bmwilits from the date of acccrLanc- of p.3 51 --Pnge 2 of I I -- this Order by the DFAS. The prorata share shall be calculated by determining the parties' respective percentage of the gross disposable military retired pay being received and then applying that percentage to the COLA increase. 7. The monthly payments under paragraph six shall be paid to Alternate Payee as soon as administratively feasible following receipt and acceptance of this Domestic Relations Order by the Defense Finance and Accounting Service and shall continue during the joint lives of the parties and the extent permissible under law, irrespective of the future marital status of either of them; the benefits shall terminate only upon the death of either the Participant or the Alternate Payee. S• In the event there is any delay in the implementation of this Domestic Relations Order, by the Defense Finance and Accounting Service and Participant receives his cnlire disposable military retirement pay without deduction and distribution to Alternate Payee of her share described herein, Participant shall pay Alternate Payee here entitlement directly from the date of receipt of pay. 9• Under the terms of the Uniform Services Former Spouse Protection Act, the United States Army, as the paying authority, is required to directly pay Alternate Payee her monthly percentage share of Participant's monthly disposable military retired pay because of the following: --Page 3 of I I-- .m. (a.) In the course of the parties' marriage, Participant performed at least ten (10) years of credible service toward determining his eligibility for retired pay. The parties were married on October 19, 1974, and were divorced on October _, 2003. Participant began credible service and determined his eligibility for retired pay with the United States Army on December 3, 1971, and retired from active duty as of December 31, 1997. Neither Participant nor Alternate Payee will do or cause to be done any act which will cause this provision to become null or void and each party agrees that this will be the final Order pertaining to the division of the Participant's disposable military retired pay. (b.) Participant's disposable military retired pay has accrued as a result of his service in the United States Army and his disposable military retired pay is marital property subject to equitable distribution by the Court of Common Pleas of Cumberland County, Pennsylvania. The Court of Common Pleas of Cumberland County, Pennsylvania has jurisdiction to divide the parties' marital property and finalize their divorce pursuant to Section 3301(c) of the Divorce Code (23 P.C.S. §3301(c)). The Court of Common Pleas of Cumberland County, Pennsylvania has jurisdiction over the Participant for the purpose of dividing his disposable military retired pay because Participant specifically consents to the Court's jurisdiction to do so. --Page 4 of I I -- ara (c.) The Court of Common Picas of Cumberland County has continuing jurisdiction to make every Order reasonably necessary to implement and accomplish the direct payment to Alternate Payee by the United States Army of her share of Participant's disposable military retired pay, including the right to advise the United States Army of the precise amount or percentage of Participant's disposable military retired pay to be payable to the Alternate Payee. The Court retains jurisdiction over Participant's military retired pay for as long as both parties shall live. The Court of Common Pleas of Cumberland County shall also have the authority to make any just and equitable Order not inconsistent with the other provisions hereof. 10. The jurisdiction requirements of 10 U.S.C. Section 1403 have been complied with and this Order has not been amended, superseded nor set aside by any subsequent Order. Participant and Alternate Payee intend that this Order qualify under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1405 ct. seq. 11. Any future overpayments made to Alternate Payee shall be recoverable and are subject to involuntary collection from her or her estate. 12. Alternate Payee shall notify DFAS of any changes in this Domestic Relations Order or any Order affecting the provisions hereof or any issues of eligibility of any recipient receiving benefits pursuant to it. --Page 5 of I I-- 13. Participant shall cooperate with Alternate Paycc to prepare any application(s) for direct payment to Alternate Payee from Participant's disposable military retired pay pursuant to 10 U.S.C. Section 1405. Participant shall execute all documents that the United States Army may require to certify that the disposable retired pay shall be provided directly to Alternate Payee as provided for herein. 14. Participant shall not merge Participant's disposable military retired pay with any other pension and shall not pursue any course of action that world defeat Alternate Payee's right to receive a portion of the disposable military retired pay of the Participant as described above. Participant shall not lake any action by merger of his military retirement pension so as to cause a limitation in the amount of the total retired pay in which the Participant has a vested interest and, therefore, Participant shall not cause limitation of the Alternate Payees monthly payment as set forth above. Participant shall indemnify Alternate Payee for any breach of this paragraph as follows: (a.) if Participant becomes employed or otherwise has his military pension merged, which employment or other condition causes a merger of Participant's disposable military retired pay, Participant shall pay to Alternate Payee directly the monthly amount as provided in paragraph six under the same terms and conditions as if those payments were made pursuant to the terms of this Order. The provisions of --Page G of I I-- iii this paragraph specifically allude to any reductions that may occur in the sum received by Alternate Payee due to Participant's receipt of Veterans' Administration Disability benefits or due to Participant's civilian federal employment (hat may cause a reduction in the disposable military retired pay. (bJ If the amount paid by the military pay center to Alternate Payee is less than the amount specified above, Participant shall initiate an allotment to the Altcrnatc Payee in the amount of the difference to be paid from any federal entitlements due to Participant with said allotment to be initiated by Participant immediately upon notice of such deficiency. (c.) If any monthly payment is not made to Alternate Payee by the appropriate military pay center, and no federal entitlement exists against which allotment is set forth above may initiated or for whatever reason full payment by allotment is not made in that month, or if the amount paid through the allotment is insufficient to pay the difference as specified above, Participant shall pay the amount called for herein directly to Alternate Payee by the fifth (5°i) day of each month in which the military pay center or allotment fails to do so. (d.) If Participant takes any action that prevents, decreases, or limits the collection by Alternate Payee of the sums to be paid herein, he shall make payment to Alternate --rage 7 of 1 I-- w ?• Payee directly in the amount sufficient to neutralize as the Alternate Payee tile effects of the actions taken by Participant. 15. Participant shall provide any information to Alternate Payee at Alternate Payee's request, and make all necessary efforts to obtain all information that Alternate Payee requires which she is unable to obtain on her own to be provided to DFAS (Cleveland Office), located at P.O. Box 998002, Cleveland, Ohio 44199-8002, as follows: (a.) A copy of this Domestic Relations Order that divides Participant's disposable military retired pay and a Decree that approves this Order certified within ninety (90) days immediately preceding its service on the applicable Military Pay Center for the United Stales Anny. (b.) A statement by Alternate Payee that verifies the Divorce Decree has not been modified, superceded or set aside. (c.) The parties' marriage certificate. (d.) Participant's name, address, social security number, date of birth and name of military service. (c.) Alternate Payee's name, address, social security number and date of birth. --Page 8 of I I-- t- 16. Participant herby waives any privacy or other rights as may be required for Alternate Payce to obtain information relating to Participant's date and time of retirement, last unit assignment, final rank, grade and pay, present or past retired pay, other information as may be required to enforce the award made herein, or required to revise this Order so as to make it enforceable. 17. It is noted that Participant selected a Survivor Benefit Plan (SBP) at the time of his retirement. Participant has named Alternate Payee as the sole beneficiary under the SBP Plan and shall maintain her as the sole beneficiary for the receipt of all SBP benefits unless Alternate Payee should predecease Participant, at which time Participant may select a new beneficiary as the Plan allows. 18. For the purposes of interrupting this Court's intention and making the division set forth in this Order, "disposable military retired pay" includes retired pay to which Participant is entitled or to which Participant would be entitled for longevity of active duty and/or reserve component military service and all payments payable under the provisions of Chapter 38 or Chapter 61 of Title 10 of the United States Code, before any statutory, regulatory or elective deductions are applied. It also includes all amounts of retired pay Participant actually constructively waives or forfeits in any manner for any reason or purpose, including, by not limited to, any waivers made in order to qualify for Veterans' Administration benefit. It also includes any sum taken --Page 9 of 1 I-- by Participant in additiun to or in lieu of retirement bcnetih, including, but not limited :o.:xir bonus. Voluntary ti¢parution pay, spc6 I craration bcnclh.x or any other form or COmpcnsntiott attributable to separation of military service ;ru ttad of o, in addition to payment of the militdry retirement benefits nomt_lly paid to a retired n:c:t:her. Hv 11'r Owl. /,/" Y CONSENT TO ORDER: 'dAL IiR L. ARMSTRONG Datc Thomas tchl, Esquire ?artic(pamlPluirtij Alwntr: or PcrricipanD'!'l?irttifJ' r 2M$ O \G ?i3alc Bra *ic squirt "4F, d.'rcnrrre r t?c•c/Dr jcrrdnnt ? n ahe <z:e Pryce,Dq•(earlmu f fpu,c)u? pi -08 0? --page 10 of I I-- r? J ?• COMMONWEALTH OF PENNSYLVANIA COUNTY OF OJtAh On this'3U day of I _mzc , 2003, before me, the undersigned officer, personally appeared WALTER L. ARMSTRONG, known to nle (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. rvurAFilA ?? ` 'lam LDAVVN p;l. "U1 t SEAL Carlisle "" Notary pa Com ' GOmberlanC County Wrc Notary Public misclnn Explrcc Nov. 20, 20pg COMMONWEALTI-I OF PENNSYLVANIA COUNTY OF C?tM ?((lit0 On this 0 day of ,lgiq(,rai-j -?883 before me, the undersigned officer, personally appeared 11bIRYL. ARMSTRONG, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WIiEREOF, I hereunto set my hand and official seal. '^^r.MLIENtvIN,NOTARyPUBLIC _I ??? l /Y\ CPIXES uc?25Upp ryPublic ZGtitGL>rt Nota --Page I I of 1 I--