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HomeMy WebLinkAbout01-2997 MARY LU LATgBERT, Plaintiff IN THE COURT OF CO v. CUMBERLAND CO. MMO I PLEAS NO. o ? . z9q ? ?ENNSYI,yANIA ALFRED J LAMBERT, Defendant CIVIL ACTION. LAW IN DIVORCE NOTICE TO DEFEND You have b AND CLAM RIGHTS followin been sued in Court. 1fYOu g Pages, you must take prompt action.wYouto defen proceed without may d against the claims set forth in the by the Court, you and a Decree of Divorce or annulment that ayOU fail to do so requested in A judgment may also be entered a the case important these Papers by the Plaintiff, gainst you for an be entered against you to you. You may lose move y other claim m relief y or property or other rights When the ground for divorce is indignities may request marriage counseling. rr irretrievable breakdown of the marriage the Prothonotary at the Cumberland A County list of m rthous counselors is available in the 0 tl5ce of , Courthouse, Carlisle, Pennsylvania. LAWYER'S IF YOU DO NOT FILE A CLAIM GRANTED, FEES OR EXPENSES EFO R GRAANTE ALIMONY' DIVISION OF PROPERTY, D, YOU MAY LOSE THE RE A DIVORCE OR RIGHT TO CLAIM ANY OF THAEM ULMENT IS YOU SHOULD TAIL THIS PAPER To YOUR LASER AT ONCE. O SET FORTH BELOW Tp??D AFFO IF OUT I? , GO TO OR TELEPHONE THE OFFICE WHEREONEYOU CAN GET LEGAL HELP Cumberland C 2 Libe°DUtY Bar Association Avenue Carlisle, A 17013 717-249-3166 MARY LU LAMBERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO., PENNSYLVANIA V. NO. o i- 2997 Lzftl Tom.. ALFRED J. LAMBERT, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Mary Lu Lambert, who resides at 114 Bumthouse Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Alfred J. Lambert, who resides at 114 Bumthouse Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 5, 1963 in Carlisle, Pennsylvania 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there are no children of the parties under the age of eighteen (18). COUNT I-ADULTERY 10. Through the course of the marriage, Defendant engaged in adulterous affairs to the detriment of the marital relation. 11. Plaintiff is the injured and innocent spouse. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant her a divorce under §3301(a)(2) of the Divorce Code. COUNT II - EQUITABLE DISTRIBUTION 12. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. 13. During the marriage, Plaintiff and Defendant have acquired various debt which is subject to Equitable Distribution under the Divorce Code. 14. Should the parties be unable to resolve the distribution of property and debt, Plaintiff request this Honorable Court to equitably divide all assets and debts. WHEREFORE, Plaintiff request this Honorable Court to equitably divide the assets and debts of the parties pursuant to Chapter 35 of the Divorce Code. COUNT III - ALIMONY, ALIMONY PENDENTE LITE AND ATTORNEY'S FEES AND COSTS 15. Plaintiff lacks sufficient property to provide for her reasonable needs. 16. Plaintiff is unable to sufficiently support herself through appropriate employment. 17. Defendant has sufficient income and assets to provide continuing support for the Plaintiff. -2- 18. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 19. The Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 20. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 21. Defendant has adequate earnings to provide for the Plaintiffs support and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that this Honorable Court award her alimony, alimony pendente lite and counsel fees and costs. Respectfully submitted, REAGER & ADLER, PC Date: J??/? ?OI By; bra De ' antor, Esquire ID #66378 2331 Market Street Camp Hill, PA 17011 717-763-1383 Attorneys for Plaintiff -3- VERIFICATION I, Mary Lu Lambert, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Z1` M Lu Lambert YI 1 •• N W O a G ? J c., In The Court of Common Pleas of Cumberland County, Pennsylvania LAMBERT, MARY LU File No. 2001-02997 V. LAMBERT, ALFRED J STATEMENT OF INTENTION TO PROCEED To the Court: Mary Lu Lambert intends to proceed with the above captioned matter. Date: October 19, 2004 f° son C Esqurre Attome} Lambert Atty I.D. No. 66378 REAGER & ADLER, PC 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 c; C) MARY LU LAMBERT, Plaintiff V. ALFRED J. LAMBERT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2997 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S MOTION TO COMPEL ANSWERS TO PLAINTIFF'S INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS AND NOW comes Plaintiff, Mary Lu Lambert, by and through her attorneys, cNees Wallace & Nurick LLC, and files this Motion to Compel Answers to Plaintiffs ries and Requests for Production of Documents, and in support thereof avers follows: 1. Plaintiff filed a divorce complaint to the above caption on May 17, 2001. 2. Plaintiff served her first set of interrogatories to Defendant on September 2001, and in accordance with Pa. R.C.P. 4006, Defendant had 30 days to serve his and/or objections upon Plaintiff. A copy of said Plaintiffs First Set of nterrogatories Addressed to Defendant is attached hereto and incorporated by ce herein as Exhibit "A." 3. Plaintiff served her first request for production of documents addressed to on September 5, 2001, and in accordance with Pa. R.C.P. 4009.12, had 30 days to serve his answers and/or objections upon Plaintiff and to produce the documents to which no objections were made. A copy of Plaintiffs First Request for Production of Documents to Defendant is attached hereto and incorporated by reference herein as Exhibit "B." 4. Plaintiff served amended interrogatories to Defendant on October 21, 2004, and in accordance with Pa. R.C.P. 4006, Defendant had 30 days to serve his answers and/or objections upon Plaintiff. A copy of Plaintiffs (Amended) First Set of Interrogatories Addressed to Defendant is attached hereto and incorporated by nce herein as Exhibit "C." 5. Plaintiff served amended requests for production of documents to ant on October 21, 2004, and in according with Pa. R.C.P. 4009.12, Defendant 30 days to serve his answers and/or objections upon Plaintiff and to produce the to which no objections were made. A copy of Plaintiffs (Amended) First est for Production of Documents to Defendant is attached hereto and incorporated reference herein as Exhibit "D." 6. As of this date, Defendant has failed and refused to answer the iterrogatories and the amended interrogatories, and failed and refused to produce the documents in violation of Pa. R.C.P. 4006 and 4009.12. Defendant has not any objections to any of the discovery requests and has offered no explanation for is failure to respond to said requests. 7. Plaintiff requested that Defendant concur in this Motion to Compel, and ndant declined. WHEREFORE, Plaintiff requests that the Court enter an order requiring the lowing: (a) Ordering and directing Defendant, Alfred J. Lambert, to file full and complete answers to Plaintiffs (Amended) First Set of -2- Interrogatories Addressed to Defendant within 20 days from the date of the order; and (b) Ordering and directing Defendant, Alfred J. Lambert, to file a full and complete answer to Plaintiffs (Amended) First Request for Production of Documents to Defendant and to produce all requested documents within 20 days in accordance with Rule 4009.12. Respectfully submitted, McNEES WALLACE & NURICK LLC By eb enison Cantor 00 P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff April 29, 2005 -3- ?`? ? ?? MARY LU LAMBERT, V. J. LAMBERT, IN THE COURT OF COMMWP PLEAS Plaintiff CUMBERLAND CO., PENNSYLVANIA NO. 01-2997 CIVIL ACTION - LAW Defendant IN DIVORCE PLAINTIFF'S FIRST SET OF INTERROGATORIES ADDRESSED TO DEFENDANT Alfred J. Lambert, Defendant P.O. Box 639 Carlisle, PA 17013 INSTRUCTIONS You are directed to submit written answers under oath to each of the following pursuant to Pa. R.C.P. 4005 and 4009. You must make reasonable efforts to obtain to any question as to which information may be available to you. If you gain at some later time which causes you to know that your answers were incorrect made or have become incorrect, you must supplement the answers you give in response these questions, as provided in Pa. R.C.P. 4006. If you gain information at some later time the identity of persons about whom a question is asked, you must supplement the you give in response to these questions, as provided in Pa. R.C.P. 4006. Within thirty (30) days, you must return the signed original of these interrogatories to s counsel. In answering these questions, assume that all words used have their ordinary meanings in normal English usage, except as provided below or where context requires other interpretation. ?I. DEFINITIONS "Identify", when used in respect of a person, means to state that person's name, address, number, job classification and such other information as would enable Plaintiff to the person, interview him or her, or serve a subpoena upon him or her. When used in of a document, the date of its making or execution, the identity of the person or persons to made or executed it, and the particular part, paragraph, or other subdivision there of which particularly relevant to the question; also state the place where it is kept and identify the rson in whose custody it may be found, with such specificity as will enable Plaintiff to obtain e document through the use of a subpoena. When used in respect of a communication, it eans to identify the parties to the communication, that means of communication, and the date time thereof. "Person" means any natural or juridical person, group of persons, or association. "Communication" means any transmission or exchange of information or meaning two or more persons in any form. "Document" means any writing, recording or other material substance having on it a of some information, whether in the form of magnetic impulses, printing, or any medium in which information may be preserved. "Date of Separation" means May 17, 2001. 2 :r III. SPECIAL INSTRUCTIONS 1. If you do not answer an interrogatory, in whole or in part, because of a claim or privilege, set forth the privilege claimed, identify the facts upon which you rely to support the claim of privilege; and identify all documents for which such privilege is claimed. In particular, you refuse to identify a communication because of a claim of the attorney/client privilege, the speaker or author of the communication, the capacity in which the speaker or was acting when he made the communication; the recipient of the communication, any present when the communication was made, and the subject or topics discussed in the 2. Unless otherwise specified, each interrogatory requires a continuing answer. separate part of each interrogatory shall be separately answered. 3. Along with the answer to each numbered interrogatory, identify each person who in or supplied information with respect to the preparation of the response to such , specifying whether each of such persons supplied relevant information, icipated in the preparation of the response, or both. If the response to any interrogatory information supplied by more than one person, specify the particular information by each such person. State whether he/she had first-hand information as to the matters in your answers, and if so, the manner in which he acquired such information, or if the basis for his participation or involvement. 4. As specified by the Pennsylvania Rules of Civil Procedure, you are required to supplement or amend your responses to these interrogatories based upon any and information obtained after filing such responses. 3 IV. SPECULINSTRUCTION AS TO ORAL COMMUNICATIONS A VI) WRITTEN COMMUNICATIONS 1. With respect to any interrogatory in which reference is made to this special instruction, set forth with regard to each oral communication the following: A. The name, company or other affiliation, title or other identifying feature of the individual who made the oral communication. B. State the name(s) of each individual to whom such oral communication was made, including such description of those individuals as to enable P ainti to identify those individuals as to their affiliation, title or responsibility. C. State the date upon which such oral communication was made. D. State the place where such oral communication was made. E. State the name and identification of each individual who heard the oral if different or in addition to those individuals to whom such oral was made. F. State in detail the nature of the words communicated during such oral repeating the actual words used to the extent possible and, when not possible, those words. G. State if any individual to whom such oral communication was made, made any in response to said communication, and if so, identify such responses in sufficient by quoting the precise words used or by otherwise phrasing those words. H. State if said oral communication(s) was/were ever memorialized in any or set forth a copy of same. 4 I. following: (a) (b) If response to any interrogatory refers to a written communication, set forth the a copy of such written communication; or a detailed identification of such written document, including at least the following: (i) the date of the document; (ii) the name of the party who wrote the document; (iii) the name of the parry to whom such documents were sent and the date upon which such documents were sent; (iv) the date upon which such document was received by the recipient; if known; (v) a full description of the contents of the document; (vi) if any response to said document was received and, if so, identify said response in sufficient detail so as to include the same information indicated in the preceding subparts of this instruction. Respectfully submitted, REAGER & ADLER, PC \ c By: V]fB'gk DE SO CANTOR, ESQUIRE I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff 5 GENERAL, INFORMATION. State the date on which you are answering these Interrogatories. State your full name, present address, date of birth, where you are actually residing and social security number. Name: Present Address: Date of Birth: Present Residence: Social Security No.: 3. If you are currently separated (within the same household or otherwise) state the date of separation. Date of Separation: REAL ESTATE. 4. As to any real estate in which you now have, or have had an interest: at anytime during the past ten (10) years whether individually, jointly, or in partnership form, or in corporate form, or as trustee for any person, or as a beneficiary under any trust, or held by any one for your beneficial interest complete one of the information sheets attached hereto and identified as FORM A: (NOTE: Use one FORM "A" for each real estate interest.) Enter here the number of FORM "A's" attached: EMPLOYMENT AND INCOME. As to each source of wage and/or salary income, complete the attached wage and salary information sheets identified as FORM B. (NOTE: Use one FORM "B" for each source.) Enter here, the number of FORM "B's" attached: OTHER ASSETS. 6. Identify any automobile, truck camper, mobile home, motorcycle, boat, airplane, or vehicle of any nature that you own or have an interest in and set forth: (use supplemental sheets if necessary) a. Make, model, year; b. Date acquired; C. Purchase price or value at acquisition; d. Your opinion as to current fair market value; e. How title is held; f. Date, initial amount, present balance of any liens or encumbrances thereon including identity of lien holder. 7. Complete one FORM E attached for each banking account (checking, passbook, NOW, statement saving, certificate of deposit, saving certificate, etc.) in which you now have or within the past five (5) years have had, any interest, ownership, or power of withdrawal whatsoever, whether individual, joint, as custodian or trustee for others, or as the beneficiary of an account held by another as custodian or trustee. NOTE: IRA'S, Keogh's, or other bank retirement plans need not be mentioned here, see, question 37. (NOTE: Use one Form "E" for each account). Enter here the number of FORM "E's" attached: 8. Complete FORM "F" for any and all bonds, stocks, and other securities, mutual funds, money market funds in which you now have or within the past five (5) years have had any interest whatsoever whether individual, joint, as custodian, or trustee for others or as the beneficiary of an account held by another as 7 custodian or trustee. (include securities even if interest or dividends thereon are exempt from taxation.) 9. State whether there is any money owing to you, including, but not limited to, judgments, notes, contract rights, loans, assignments, etc., and set forth: a. Nature and amount of each obligation and date incurred; b. Name and address of each debtor; C. Condition of payment; d. Consideration given. 12. Do you anticipate receipt of any devise bequest gifts or inheritance? If so, set forth: a. When receipt is anticipated; b. Amount to be received; C. From whom receipt is anticipated; d. Any documents in support of such bequest, devise, gift, or inheritance. 13. List all life insurance policies in which you are either the owner, insured, or beneficiary, and set forth: a. Identity Insurance company and policy number; b. Face amount; C. Type (either term or whole life); d. Identity of the owner, insured, and beneficiary and any relationship to you; a e. Annual premiums and the payor; f. Present cash surrender value. 14. Complete one Form "G" for each pension or other retirement plan, IRA, Keogh, etc., In which you now participate or have participated at any time within the past five (5) years. Enter number of Form "G's" attached: CREDIT, LIABILITIES, AND OBLIGATIONS 15. For each credit card or charge account maintained by you at present or at any time within the past four (4) years, whether in your individual name or jointly with others, state: a. Identity of issuer of credit card or charge account; b. Account number; C. In whose name it is maintained; d. Date opened; 16. Identify and describe in detail each and every item of property that you contend is "marital property, subject to equitable distribution in this case, and with respect to each such property, set forth the following: a. When it was acquired; b. From whom it was acquired; C. The consideration paid; d. In whose name it was acquired, and how it is titled and/or held; 9 e. Its separation value and its present value; 17. State the names, addresses and area of expertise of any and all proposed expert witnesses in this action and annex true copies of all written records rendered to you by any such proposed expert witnesses. If a report is not written, supply a summary of any oral report rendered to you. 18. Provide a list of all exhibits which you intend to use at trial in this matter. Respectfully submitted, REAGER & ADLER, PC C qis-101 By. DE SON CANTOR, ESQUIIIE I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff 10 REAL ESTATE INFORMATION FORM "A" INTERROGATORY #4 (NOTE: Complete one (1) Form "A" for each Real Estate Interests) Address of property. Type of property: (ex: condo, single family residence, unimproved lot., commercial etc). Date of acquisition. Name(s) in which title recorded. Purchase price or value at acquisition. (i) Amount of down payment contributed by you; (ii) Amount of down payment contributed by others: Name others; The value as of (i) Date of marriage; (ii) Date of separation; (iii) The current date. As to any mortgage, encumbrance or lien of any nature, provide: (i) Identity of mortgagee or holder of encumbrances; (ii) Amount of original mortgage or encumbrance; (iii) Amount of present outstanding mortgage; (iv) Original term of mortgage; (v) Remaining term of mortgage; (vi) Monthly payments. Attach any appraisal of the property that has been made within the last five (5) years. If any real estate produces rental income or other income, as to each of the last five (5) calendar years, set forth: (i) Address of property; 11 FORM "A" (ii) Name and address of each person from whom rent or other income was received; Amount received from each person in each year; (iv) Portion of premises rented to each person; (v) Itemization of all expenses of maintaining that real estate in each year; (vi) Terms of any lease agreements with respect to each source of rental income. 12 INCOME FROM WAGES AND/OR SALARY FORM "B" INTERROGATORY #ti (NOTE: Complete one (1) Form "B" for each source of wage or salary) A. Name and address of business or other entity from which you receive salary or wage. B. Indicate which of the following is applicable to the source of wage or salary income identified on this form: self-employed employed by another partnership in which you are a partner sole proprietorship in which you are the sole proprietor professional corporation in which you are a shareholder closely held corporation other, please indicate Title or capacity in which you are employed, and nature of your duties. Date of your initial employment. Whether you have entered into a written agreement of employment, if so, attach a copy of that agreement. Your gross yearly, monthly or weekly income, if paid on an hourly basis state hourly rate of pay for both regular and overtime hours. List all deductions from your pay including, but not limited to taxes, insurance, FICA, savings, loans. 13 Yn< H. Your net yearly, monthly or weekly income. If you receive any travel allowance, expense account or other reimbursement for expenses from your employer, state amount received from your employer for each of the past five (5) years including the current calendar year to date. Set forth any bonuses received by you from your employer in the past five (5) years indicating date and amount received. If you participate in any profit sharing or other deferred compensation plan through your employment, state, as to each such plan: 1. identity of plan and plan administrator; 2. Portion of amounts given in 2 contributed by you and portion contributed by your employer; 3. Present balance of your interest in such plan; 4. Attach any brochures defining the terms and provisions of the plan(s); and 5. Name of any beneficiary of such plan(s). If you are a participant in any stock option or stock bonus plan provide: 1. Identity of plan and plan administrator; 2. Amounts credited to your account in each of the past five (5) years; 3. Portion of amounts in number 2 contributed by you and portion contributed by your employer; 4. Present value of your interest in such play; 5. Attach any brochures defining the terms and provisions of the plan(s); 14 Check which of the following benefits are provided for you: health insurance for you health insurance for your family members life insurance on your life disability insurance or wage or business interruption insurance payment for occupational or professional licenses and association dues country club dues clothing allowance use of motor vehicle (state if b isiness-owned or leased) payment of auto gas, repairs, insurance payment for travel and seminars medical reimbursement housing allowance or use of employer-owned dwelling other (specify): Medicare: health insurance 15 BANK ACCOUNT INFORMATION FORM "E" INTERROGATORY #7 (NOTE: Complete one (1) Form "E" fir each account) A. State name of bank, title of account and account number. B. State the type of account (checking, savings, certificate, NOW, etc). C. State the date you opened such account or date you acquired your interest therein. D. State the date you closed the account or otherwise ceased to have any interest therein. Provide the names and addresses of any other persons who have either an ownership interest or power to withdraw funds from such account. Provide account balances as of the following dates: 1. Date of marriage; 2. Date of separation; 3. Date you answered these interrogatories. 16 SECURITIES INFORMATION SHEET FORM "F" INTERROGATORY #$ A. Identity of any securities you hold, own or possess, or that are held for you by any financial institution or other person. 13. Number of shares or principal amounts of bonds. C. How title held and name(s) of all others in title. D. Date of purchase. F. Cost. F. Value at the date of marriage. Q. Value at the date of separation. 14. Value at the date you answered these Interrogatories. L If you have sold any securities, what is the date of the sale. J. What are the proceeds of the sale. 17 RETIREMENT/PENSION INFORMATION FORM "G" INTERROGATORY #tA (NOTE: Complete one (1) Form "G" for each pension or other retirement plan, qualified or non-qualified D(A, Keogh, etc. in which you now participate or have participated at any time from the date of marriage until the present. A. Describe the nature of plan (A, Keogh, Defined Benefit Plan, etc., and. whether or not qualified). B. State the balance or amount to your credit on each of the following dates, specifying employee contributions, employer contributions, and Interest: 1. Date of marriage; 2. Date of separation; 3. Date you answered these interrogatories. C. Provide the name and address of the bank /plan administrator or trustee. D. State the Account number(s). State the date on which you opened the account or date on which your participation in the plan commenced. F. Identify the named beneficiary of the plan. 18 FORM "G" Can you take loans against or liquidate your interest in the plan" Are you partially or wholly vested. in your plan? If so, to what degree are you vested? When will you be fully vested? Is your interest matured? If you are in pay status, what is the amount and frequency of your payments? Attach a copy of the plan and any account statements reflecting your interest in the plan as of the following: 1 2 3 4 Date of marriage; Date of separation; Date of answers to these interrogatories; Last five years. 19 CERTIFICATE OF SERVICE AND NOW, this f? day of 2001, I hereby verify that I have a true and correct copy of the foregoing document, PLAINTIFF'S FIRST SET OF .TORIES TO DEFENDANT, to be placed in the U.S. mail, first class, postage and addressed as follows: Alfred J. Lambert, Defendant P.O. Box 639 Carlisle, PA 17013 D NI N CANTOR, ESQUIRE 20 ?, ??,? ? ?u' LU LAMBERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO., PENNSYLVANIA V. ALFRED J. LAMBERT, Defendant NO. 01-2997 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TO: Alfred J. Lambert, Defendant P.O. Box 639 Carlisle, PA 17013 1. INSTRUCTIONS: Pursuant to Pa. R.C.P. 4003.3 and 4009, please furnish, at my expense, to my office within thirty (30) days, a photostatic copy or like reproduction of the following materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the Ottomey/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof. Date of separation is defined as May 17, 2001. RESPECTFULLY SUBMITTED, REAGER & ADLER, P.C. t By: _ DE S CANTOR, ESQUIRE I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 [7171763-1383 Dated: q f ?o I Attorneys for Plaintiff Please provide any and all documents referred to or used in preparation of Defendant's response to interrogatories. 2. All bank account statements for the year 1998 to the present whether titled in your name, jointly, or held for your benefit. 3. Any appraisals, market analysis or valuation of any real property owned by you, your company or held for your benefit. 4. Your personal state and federal tax returns for the last five (5) years. Copies of all mutual fund, money market or other brokerage statements held by you or on your behalf for the last five (5) years. 6. Copies of all annuity statements held by you or on your behalf for the last five (5) years. 7. Copies of all trust documents in which you are included as a beneficiary. 8. Copies of all stock certificates, bonds, treasury bills or certificates of deposit held in your name or for your benefit. 9. Copies of all life insurance policies and statements of cash value held by you, your employer or held for your benefit. 10. Any and all credit card statements which you contend reflect a marital debt as of the date of separation. 11. All statements of your financial condition prepared by you or on your behalf for the past five (5) years. 12. All documents reflecting any retirement account held by you including, but not limited to: IRA's, 401K, pension or profit sharing plan or stock option plan for the last five (5) years. 13. Copies of all W-2s, 1099s, paystubs and/or commission schedules issued to you for the past three (3) years. 14. Copies of all deed(s) for all real estate in which you have an ownership interest, whether individually or jointly. 15. Copies of statements for all mortgages and mortgage notes and/or bonds relating to any real estate that you presently own or have any ownership interest for the following dates: a. Date of marriage; b. Date of separation; and c. Statement closest to the date you answered these Interrogatories. 16. All documentation or written instruments evidencing any debt obligation referred to in response to request numbers 15 - 16 of Plaintiff's First Set of Interrogatories. 17. Copies of all wills and trust documents by which you have received an inheritance within the past five (5) years. 5 18. Copies of all appraisals of personal property performed in the past five; (5) years. Respectfully submitted, REAGER & ADLER, PC By: D E IISON CANTOR, ESQUIRE I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 [717] 763-1383 Dated: gIslol Attorneys for Plaintiff CERTIFICATE OF SERVICE AND NOW, this ? day of wJZ//'1 , 01, I hereby verify that I caused a true and correct copy of the foregoing document, PLAINTIFF'S FIRST SET REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, to be placed the U.S. mail, first class, postage prepaid and addressed as follows: Alfred J. Lambert, Defendant P.O. Box 639 Carlisle, PA 17013 19 DE NI N CANTOR, ESQUIRE A MARY LU LAMBERT, V. J. LAMBERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO., PENNSYLVANIA NO. 01-2997 CIVIL ACTION - LAW Defendant IN DIVORCE PLAINTIFF'S (AMENDED) FIRST SET OF INTERROGATORIES ADDRESSED TO DEFENDANT T : Alfred J. Lambert, Defendant c/o Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 1. INSTRUCTIONS You are directed to submit written answers under oath to each of the following bons, pursuant to Pa. R.C.P. 4005 and 4009. You must make reasonable efforts to obtain rs to any question as to which information may be available to you. If you gain we lu i rmation at some later time which causes you to know that your answers were incorrect made or have become incorrect, you must supplement the answers you give in response to ?hese questions, as provided in Pa. R.C.P. 4006. If you gain information at some later time respecting the identity of persons about whom a question is asked, you must supplement the you give in response to these questions, as provided in Pa. R.C.P. 4006. Within thirty (30) days, you must return the signed original of these interrogatories to counsel. In answering these questions, assume that all words used have their ordinary meanings in I,normal English usage, except as provided below or where context requires other H. DEFINITIONS "Identify", when used in respect of a person, means to state that person's name, address, lone number, job classification and such other information as would enable Plaintiff to the person, interview him or her, or serve a subpoena upon him or her. When used in ct of a document, the date of its making or execution, the identity of the person or persons made or executed it, and the particular part, paragraph, or other subdivision there of i is particularly relevant to the question; also state the place where it is kept and identify person in whose custody it may be found, with such specificity as will enable Plaintiff to the document through the use of a subpoena. When used in respect of a it means to identify the parties to the communication, that means of and the date and time thereof. "Person" means any natural or juridical person, group of persons, or association. "Communication" means any transmission or exchange of information or meaning n two or more persons in any form. "Document" means any writing, recording or other material substance having on it a of some information, whether in the form of magnetic impulses, printing, or any medium in which information may be preserved. "Date of Separation" means May 17, 2001. 2 III.I SPECIAL INSTRUCTIONS 1. If you do not answer an interrogatory, in whole or in part, because of a claim or set forth the privilege claimed, identify the facts upon which you rely to support the of privilege; and identify all documents for which such privilege is claimed. In particular, refuse to identify a communication because of a claim of the attorney/client privilege, fy the speaker or author of the communication, the capacity in which the speaker or r was acting when he made the communication; the recipient of the communication, any as present when the communication was made, and the subject or topics discussed in the 2. Unless otherwise specified, each interrogatory requires a continuing answer. L separate part of each interrogatory shall be separately answered. 3. Along with the answer to each numbered interrogatory, identify each person participated in or supplied information with respect to the preparation of the response to interrogatory, specifying whether each of such persons supplied relevant information, in the preparation of the response, or both. If the response to any interrogatory information supplied by more than one person, specify the particular information by each such person. State whether he/she had first-hand information as to the contained in your answers, and if so, the manner in which he acquired such or if not, the basis for his participation or involvement. 4. As specified by the Pennsylvania Rules of Civil Procedure, you are required to supplement or amend your responses to these interrogatories based upon any and information obtained after filing such responses. 3 SPECIAL INSTRUCTION AS TO ORAL COMMUNICATIONS AND WRITTEN COMMUNICATIONS 1. With respect to any interrogatory in which reference is made to this special set forth with regard to each oral communication the following: A. The name, company or other affiliation, title or other identifying feature of the who made the oral communication. B. State the name(s) of each individual to whom such oral communication was including such description of those individuals as to enable Plaintiff to identify those as to their affiliation, title or responsibility. C. State the date upon which such oral communication was made. D. State the place where such oral communication was made. E. State the name and identification of each individual who heard the oral if different or in addition to those individuals to whom such oral was made. F. State in detail the nature of the words communicated during such oral repeating the actual words used to the extent possible and, when not possible, those words. G. State if any individual to whom such oral communication was made, made any in response to said communication, and if so, identify such responses in sufficient by quoting the precise words used or by otherwise phrasing those words. H. State if said oral communication(s) was/were ever memorialized in any or set forth a copy of same. 4 I. If response to any interrogatory refers to a written communication, set forth the (a) a copy of such written communication; or (b) a detailed identification of such written document, including at least the following: (i) the date of the document; (ii) the name of the party who wrote the document; (iii) the name of the party to whom such documents were sent and the date upon which such documents were sent; (iv) the date upon which such document was received by the recipient; if known; (v) a full description of the contents of the document; (vi) if any response to said document was received and, if so, identify said response in sufficient detail so as to include the same information indicated in the preceding subparts of this instruction. Respectfully submitted, REAGER & ADLER, PC By: DEBRA DENISON CANTOR, ESQUIRE I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff I. GENERAL INFORMATION. State the date on which you are answering these Interrogatories. 2. State your full name, present address, date of birth, where you are actually residing and social security number. Name: Present Address: Date of Birth: Present Residence: Social Security No.: 3. If you are currently separated (within the same household or otherwise) state the date of separation. Date of Separation: H. REAL ESTATE. 4. As to any real estate in which you now have, or have had an interest at anytime during the past ten (10) years whether individually, jointly, or in partnership form, or in corporate form, or as trustee for any person, or as a beneficiary under any trust, or held by any one for your beneficial interest complete one of the information sheets attached hereto and identified as FORM A: (NOTE: Use one FORM "A" for each real estate interest.) Enter here the number of FORM "A's" attached: M. N. EMPLOYMENT AND INCOME. 5. As to each source of wage and/or salary income, complete the attached wage and salary information sheets identified as FORM B. (NOTE: Use one FORM "B" for each source.) Enter here, the number of FORM "B's" attached: 6. Name all of the owners of your business. 7. What is the current value of your business? 8. Attach copies of your personal and business Federal and State Income Tax returns and Financial Statements for each of the immediately preceding ten (10) years, including, all schedules attached thereto. OTHER ASSETS. 9. Identify any automobile, truck camper, mobile home, motorcycle, boat, airplane, or vehicle of any nature that you own or have an interest in and set forth: (use supplemental sheets if necessary) a. Make, model, year; b. Date acquired; C. Purchase price or value at acquisition; d. Your opinion as to current fair market value; e. ' How title is held; f. Date, initial amount, present balance of any liens or encumbrances thereon including identity of lien holder. 7 10. Identify any and all assets transferred or sold from the date of separation to the present and set forth: a. Description of asset; b. Purchase price or value of asset; C. Date sold or transferred; d. How title was held; e. Sale price of asset; f Balance of any lien or encumbrance including, indentity of lien holder at time of sale or transfer. 11. Complete one FORM E attached for eachbanking account (checking, passbook, NOW, statement saving, certificate of deposit, saving certificate, etc.) in which you now have or within the past five (5) years have had, any interest, ownership, or power of withdrawal whatsoever, whether individual, joint, as custodian or trustee for others, or as the beneficiary of an account held by another as custodian or trustee. NOTE: IRA'S, Keogh's, or other bank retirement plans need not be mentioned here, see, question 37. (NOTE: Use one Form "E" for each account). Enter here the number of FORM "E's" attached: 12. Complete FORM "F" for any and all bonds, stocks, and other securities, mutual funds, money market funds in which you now have or within the past five (5) years have had any interest whatsoever whether individual, joint, as custodian, or -trustee for others or as the beneficiary of an account held by another as custodian or trustee. (include securities even if interest or dividends thereon are exempt from taxation.) 13. State whether there is any money owing to you, including, but not limited to, judgments, notes, contract rights, loans, assignments, etc., and set forth: a. Nature and amount of each obligation and date incurred; b. Name and address of each debtor; C. Condition of payment; d. Consideration given. 14. Do you anticipate receipt of any devise bequest gifts or inheritance? If so, set forth: a. When receipt is anticipated; b. Amount to be received; C. From whom receipt is anticipated; d. Any documents in support of such bequest, devise, gift, or inheritance. 15. List all life insurance policies in which you are either the owner, insured, or beneficiary, and set forth: a. Identity Insurance company and policy number; b. Face amount; C. Type (either term or whole life); d. Identity of the owner, insured, and beneficiary and any relationship to you; e. Annual premiums and the payor; f. Present cash surrender value. 9 16. Complete one Form "G" for each pension or other retirement plan, IRA, Keogh, etc., In which you now participate or have participated at any time within the past five (5) years. Enter number of Form "Us" attached: V CREDIT. LIABILITIES, AND OBLIGATIONS. 17. For each credit card or charge account maintained by you at present or at any time within the past four (4) years, whether in your individual name or jointly with others, state: a. ' Identity of issuer of credit card or charge account; b. Account number; C. In whose name it is maintained; d. Date opened. 18. Identify and describe in detail each and every item of property that you contend is "marital property, subject to equitable distribution in this case, and with respect to each such property, set forth the following: a. When it was acquired; b. From whom it was acquired; C. The consideration paid; d. In whose name it was acquired, and how it is titled and/or held; ey Its separation value and its present value. 10 19. State the names, addresses and area of expertise of any and all proposed expert witnesses in this action and annex true copies of all written records rendered to you by any such proposed expert witnesses. If a report is not written, supply a summary of any oral report rendered to you. 20. Provide a list of all exhibits which you intend to use at trial in this matter. Respectfully submitted, -O 2st 0? REAGER & ADLER, PC DSON CANTOR, ESQUIRE I. . N 378 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff 11 REAL ESTATE INFORMATION FORM "A" INTERROGATORY #4 Complete one (1) Form "A" for each Real Estate Interests) E. Address of property. F. I Type of property: (ex: condo, single family residence, unimproved lot., commercial etc). G. I Date of acquisition. H. I Name(s) in which title recorded. I. I Purchase price or value at acquisition. (i) Amount of down payment contributed by you; (ii) Amount of down payment contributed by others: Name others; The value as of (i) Date of marriage; (ii) Date of separation; (iii) The current date. K. I As to any mortgage, encumbrance or lien of any nature, provide: (i) Identity of mortgagee or holder of encumbrances; (ii) Amount of original mortgage or encumbrance; (iii) Amount of present outstanding mortgage; (iv) Original term of mortgage; (v) Remaining term of mortgage; (vi) Monthly payments. L. I Attach any appraisal of the property that has been made within the last five (5) years. I. If any real estate produces rental income or other income, as to each of the last five (5) calendar years, set forth: (i) Address of property; 12 FORM "A" (ii) Name and address of each person from whom rent or other income was received; Amount received from each person in each year; (iv) Portion of premises rented to each person; (v) Itemization of all expenses of maintaining that real estate in each year; (vi) Terms of any lease agreements with respect to each source of rental income. 13 INCOME FROM WAGES AND/OR SALARY FORM "B" INTERROGATORY #5 Complete one (1) Form "B" for each source of wage or salary) A. I Name and address of business or other entity from which you receive salary or wage. B. Indicate which of the following is applicable to the source of wage or salary income identified on this form: self-employed employed by another partnership in which you are a partner sole proprietorship in which you are the sole proprietor professional corporation in which you are a shareholder closely held corporation other, please indicate Title or capacity in which you are employed, and nature of your duties. Date of your initial employment. Whether you have entered into a written agreement of employment, if so, attach a copy of that agreement. F? Your gross yearly, monthly or weekly income, if paid on an hourly basis state hourly rate of pay for both regular and overtime hours. List all deductions from your pay including, but not limited to taxes, insurance, FICA, savings, loans. 14 H. I. K. L. Your net yearly, monthly or weekly income. If you receive any travel allowance, expense account or other reimbursement for expenses from your employer, state amount received from your employer for each of the past five (5) years including the current calendar year to date. Set forth any bonuses received by you from your employer in the past five (5) years indicating date and amount received. If you participate in any profit sharing or other deferred compensation plan through your employment, state, as to each such plan: I. identity of plan and plan administrator; 2. Portion of amounts given in 2 contributed by you and portion contributed by your. employer; 3. Present balance of your interest in such plan; 4. Attach any brochures defining the terms and provisions of the plan(s); and 5. Name of any beneficiary of such plan(s). If you are a participant in any stock option or stock bonus plan provide: Identity of plan and plan administrator; 2. Amounts credited to your account in each of the past five (5) years; 3. Portion of amounts in number 2 contributed by you and portion contributed by your employer, 4. Present value of your interest in such play; Attach any brochures defining the terms and provisions of the plan(s); 15 Check which of the following benefits are provided for you: health insurance for you health insurance for your family members life insurance on your life disability insurance or wage or business interruption insurance payment for occupational or professional licenses and association dues country club dues clothing allowance use of motor vehicle (state if business-owned or leased) payment of auto gas, repairs, insurance payment for travel and seminars medical reimbursement housing allowance or use of employer-owned dwelling other (specify): Medicare: health insurance 16 BANK ACCOUNT INFORMATION FORM "E" INTERROGATORY #11 Complete one (1) Form "E" for each account). A. State name of bank, title of account and account number. I B. State the type of account (checking, savings, certificate, NOW, etc). C. State the date you opened such account or date you acquired your interest therein. D. State the date you closed the account or otherwise ceased to have any interest therein. E. Provide the names and addresses of any other persons who have either an ownership interest or power to withdraw funds from such account. F. Provide account balances as of the following dates: Date of marriage; 2. Date of separation; 3. Date you answered these interrogatories. 17 SECURITIES INFORMATION SHEET FORM "F" INTERROGATORY #12 Identity of any securities you hold, own or possess, or that are held for you by any financial institution or other person. Number of shares or principal amounts of bonds. How title held and name(s) of all others in title. Date of purchase. Cost. Value at the date of marriage. Value at the date of separation. Value at the date you answered these Interrogatories. If you have sold any securities, what is the date of the sale. What are the proceeds of the sale. 18 RETIREMENT/PENSION INFORMATION FORM "G" INTERROGATORY #16 ,E: Complete one (1) Form "G" for each pension or other retirement plan, qualified or jualified D(A, Keogh, etc. in which you now participate or have participated at any time the date of marriage until the present. A. Describe the nature of plan (-A, Keogh, Defined Benefit Plan, etc., and whether or not qualified). B. State the balance or amount to your credit on each of the following dates, specifying employee contributions, employer contributions, and Interest: Date of marriage; 2. Date of separation; Date you answered these interrogatories. C. I Provide the name and address of the bank/plan administrator or trustee. D. I State the Account number(s). E. State the date on which you opened the account or date on which your participation in the plan commenced. F. I Identify the named beneficiary of the plan. 19 FORM "G" G. Can you take loans against or liquidate your interest in the plan? H. Are you partially or wholly vested in your plan? If so, to what degree are you vested? When will you be fully vested? L Is your interest matured? If you are in pay status, what is the amount and frequency of your payments? J. Attach a copy of the plan and any account statements reflecting your interest in the plan as of the following: 1. Date of marriage; 2. Date of separation; 3. Date of answers to these interrogatories; 4. Last five years. 20 CERTIFICATE OF SERVICE AND NOW, this _ day of October, 2004, I hereby verify that I have caused a true and correct copy of the foregoing document, PLAINTIFF'S (AMENDED)FIRST SET OF TORIES TO DEFENDANT, to be placed in the U.S. mail, first class, postage and addressed as follows: Alfred J. Lambert, Defendant c/o Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 21 nLL9iAI 2Ewt 11 -222.." El» l" 'I'll MARY LU LAMBERT, ALFRED J. LAMBERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO., PENNSYLVANIA V. NO. 01-2997 CIVIL ACTION - LAW Defendant IN DIVORCE PLAINTIFF'S (AMENDED) FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT is Alfred J. Lambert, Defendant c/o Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 1. INSTRUCTIONS: Pursuant to Pa. R.C.P. 4003.3 and 4009, please furnish, at my expense, to my office within thirty days, a photostatic copy or like reproduction of the following materials concerning this action or its matter which are in your possession, custody or control and which are not protected by the privilege; or, in the alternative, produce the said matter at said time to pernut inspection and thereof. Date of separation is defined as May 17, 2001. RESPECTFULLY SUBMITTED, REAGER & ADLER, PC By: Camp Hill, PA 17011 [717]763-1383 Dated: lu 7v 0 Attorneys for Plaintiff 2331 Market Street 1. Please provide any and all documents referred to or used in preparation of Defendant's response to interrogatories. 2. All bank account statements for the year 1998 to the present whether titled in your name, your business, jointly, or held for your benefit. 3. Any and all statements and/or documentation for any and all assets transferred or sold from the date of separation to the present. 4. Please provide any and all documentation regarding your income and employment, including, but not limited to: a. Any and all business records reflecting expense accounts; 2 b. Any and all business records reflecting car allowances; C. Any and all business records reflecting travel expenses; and d. Any and all business records and pay stubs, reflecting income, including, but not limited to income, commissions, bonuses and/or incentives. Any appraisals, market analysis or valuation of any real property owned by you, your company or held for your benefit. 6. Your personal state and federal tax returns for the last five (5) years. Your business state and federal tax returns for the last five (5) years. 8. Copies of all mutual fund, money market or other brokerage statements held by you or on your behalf for the last five (5) years. 3 Copies of all annuity statements held by you or on your behalf for the last five (5) years. 10. Copies of all trust documents in which you are included as a beneficiary. 11. Copies of all stock certificates, bonds, treasury bills or certificates of deposit held in your name or for your benefit. 12. Copies of all life insurance policies and statements of cash value held by you, your employer or held for your benefit. 13. Any and all credit card statements which you contend reflect a marital debt as of the, date of separation. 4 14. All statements of your financial condition prepared by you or on your behalf for the past five (5) years. 15. All documents reflecting any retirement account held by you including, but not limited to: IRA's, 401K, pension or profit sharing plan or stock option plan for the last five (5) years. 16. Copies of all W-2s, 1099s, paystubs and/or commission schedules issued to you for the past three (3) years. 17. Copies of all deed(s) for all real estate in which you have an ownership interest, whether individually or jointly. 18. Copies of statements for all mortgages and mortgage notes and/or bonds relating to any real estate that you presently own or have any ownership interest for the following dates: a. Date of marriage; b. Date of separation; and c. Statement closest to the date you answered these Interrogatories. 19. All documentation or written instruments evidencing any debt obligation referred to in response to request numbers 17 - 18 of Plaintiff's First Set of Interrogatories. 20. Copies of all wills and trust documents by which you have received an inheritance within the past five (5) years. 6 21. Copies of all appraisals of personal property performed in the past five (5) years. By: Respectfully submitted, REAGER & ADLER, PC DEBRA DENISON CANTOR, ESQUIRE I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 [717] 763-1383 Dated: Attorneys for Plaintiff 7 CERTIFICATE OF SERVICE AND NOW, this - ? I day of October, 2004, I hereby verify that I have caused a and correct copy of the foregoing document, PLAINTIFF'S (AMENDED) FIRST SET REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Alfred J. Lambert, Defendant c/o Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 CANTOR, ESQUIRE CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 29th day of April 2005, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Robert L. O'Brien, Esq. O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 D ison antor Of Counsel for Plaintiff ?--? n -:1 -? 'Y ,? t ?: 4+ %,c-? ,, „ ? -.. vs? ?.:", -i t t 4,. MARY LU LAMBERT, Plaintiff V. ALFRED J. LAMBERT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-2997 CIVIL TERM ORDER OF COURT AND NOW, this 101h day of May, 2005, upon consideration of Plaintiff's Motion To Compel Answers to Plaintiff's Interrogatories and Requests for Production of Documents, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. .Debra Denison Cantor, Esq. 100 Pine Street Harrisburg, PA 17108-1166 Attorney for Plaintiff Hobert L. O'Brien, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Defendant BY THE COURT, _.C% ?? O? 1 :rc r, nt 7 %,+ d !41-0 Curtis R. Long Prothonotary office of the Protbonotarp Cumbprranb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor ('J - .2997 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R. C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573