HomeMy WebLinkAbout01-3314
i.
R. MICHAEL MILLS,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO.OJ- 33/4 ~ \...-
LINDA L. MILLS,
Defendant
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in
the foregoing pages, you must take prompt action. You are warned that if you fail to do
so, the case may proceed without you and a decree in divorce or annulment may be
entered against you by the court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available
in the Office of the Prothonotary at:
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
I
Defendant
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
R. MICHAEL MILLS,
Plaintiff
vs.
CIVIL ACTION - LAW
NO.
LINDA L. MILLS,
IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a divorce proceeding filed
in the Court of Common Pleas of Cumberland County. This notice is to advise you that
in accordance with Section 3302 (d) of the Divorce Code, you may request that the court
require you and your spouse to attend marriage counseling prior to a divorce being handed
down by the court. A list of professional marriage counselors is available at the
Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are
advised that this list is kept as a convenience to you and you are not bound to choose a
counselor from this list. All necessary arrangements and the cost of counseling sessions
are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling
within twenty days of the date on which you receive this notice. Failure to do so will
constitute a waiver of your right to request counseling.
.
.
Defendant
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
R. MICHAEL MILLS,
Plaintiff
vs.
CIVIL ACTION - LAW
NO. 0/- 3~C'l <,-,;.;{ I..c..-
LINDA L. MILLS,
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes the above-named Plaintiff, R. MICHAEL MILLS, by his attorney,
Samuel L. Andes, and makes the following Complaint in Divorce:
1. The Plaintiff is R. MICHAEL MILLS, an adult individual whose address is P.O.
Box 1413, Harrisburg, Dauphin County, Pennsylvania.
2. The Defendant is LINDA L. MILLS, an adult individual who currently resides at
17 Hemlock Drive in MEchanicsburg, Cumberland County, Pennsylvania.
3. Both the Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for at least six months immediately previous to the filing
of this Complaint.
4. The Plaintiff and Defendant were married on 5 October 1974 in Montorsville,
Pennsylvania.
5. There have been no prior actions of divorce or annulment between the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised of the availability of marriage counseling and the
Plaintiff may have the right to request that the Court require the parties to participate in
counseling.
COUNT I - IRRETRIEVABLE BREAKDOWN
8. The Plaintiff requests this Court to enter a Decree in Divorce.
"
"
WHEREFORE. Plaintiff requests this Court to enter a Decree in Divorce pursuant to
the Divorce Code of Pennsylvania.
~~
Samuel L. Andes
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 121h Street
Lemoyne, Pa 17043
(717) 761-5361
I verify that the statements made in this Complaint are true and correct. I
understand that any false statements in this Complaint are subject to the penalties of 18
Pa. C.S. 4904 (unsworn falsification to authorities).
Date:
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Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
: CIVIL ACTION - DIVORCE
: NO. 01-3314 CIVIL TERM
: IN DIVORCE
R. MICHAEL MILLS,
Plaintiff
VS.
LINDA L. MILLS,
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under S3301(c) of the Divorce Code was filed on
Ma~, 2001.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce after service of notice of
intention to request entry of the Decree.
I verify that the statements made in this Affidavit are true and correct to the
best of my knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn
falsification to authorities.
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\ R. Mic~el Mills, Plaintiff
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R. MICHAEL MILLS.
Plaintiff
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - DIVORCE
: NO. 01-3314 CIVIL TERM
: IN DIVORCE
VS.
LINDA L. MILLS,
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
53301~) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered
by the Court and that a copy of the Decree will be sent to me immediately after it is
filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct to the
best of my knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn
falsification to authorities.
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Y R. Micha I Mills, Plaintiff
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R. MICHAEL MILLS,
Plaintiff
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - DIVORCE
: NO. 01-3314 CIVIL TERM
: IN DIVORCE
VS.
LINDA L. MILLS,
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
53301~ OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered
by the Court and that a copy of the Decree will be sent to me immediately after it is
filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct to the
best of my knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn
falsification to authorities.
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Linda L. .~iIIs, Defendant .
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-03314 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MILLS R MICHAEL
VS
MILLS LINDA L
DAWN KELL
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - DIVORCE
was served upon
MILLS LINDA L
the
DEFENDANT
, at 2000:00 HOURS, on the 22nd day of June
, 2001
at 17 HEMLOCK DRIVE
MECHANICSBURG, PA 17055
by handing to
LINDA L MILLS
a true and attested copy of COMPLAINT - DIVORCE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
6.20
.00
10.00
.00
34.20
So Answers:
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R. Thomas Kline
06/25/2001
SAMUEL ANDES
Sworn and Subscribed to before
By:
~ OW'Y\~. ~l
Deputy Sheriff
me this
day of
income
household $ 700.00
ST CD $ 9,800.00
Condo $103,700.00
FG Sell/en $ 72,300.00
PF S & De $ 11,000.00
U Fam $ 8,200.00
Am Nat $ 32,000.00
Mise Farm $ 16,500.00
Farmland $267,000.00
expenses
funeral
condo
Lawyers
Taxes
Mise
Trustee
$521,200.00
$ 19,994.00
$501,206.00
$ 1,034.00
$ 1,060.00
$ 2,600.00
$ 2,800.00
$ 8.000.00
$ 4,700.00
$19.994.00
\
R. Michael Mills vs. Linda L. Mills
Kev to items listed in letter from Fred Mills
Household Estimated value of household furnishings
ST CD Certificate of deposit in State Trust
Company
Condo Estimated proceeds of sale of Florida
Condominium
FG Settlen Proceeds of annuity which has now been
liquidated
PF S &. De Stock and debenture with Prairie Farms
Corporation which have been liquidated
U Fam A policy of life insurance issued by United
Family Life Insurance Company
Am Nat Annuity with American National Insurance
Company
Mise Farm Income, before expenses, from the sale of
crops on the farm
Farmland Proceeds of the sale in Ossian, Indiana
Funeral Funeral bill
Condo Expenses incurred in the sale of the Florida
Condominium
Lawyers Legal fees paid relating to the sale of the
Indiana farm
Taxes Real estate taxes owed on the farm in
Indiana at the time of its sale
Mise Expenses incurred in operating the farm until
it was sold, mostly related to recovery of
crops
Trustee Fee paid to Fred Mills for his services as
trustee \
JAMES O. FLOWER
JOHN E. SLlKE
ROBERT C. SAlOIS
GEOFFREY S. SHUFF
JAMES O. FLOWER, JR.
CAROLJ.LlNDSAY
JOHNNAJ. KOPECKY
KARL 1\1. LEOEBOHl\I
JOSEPH L. HITCHINGS
THOMAS E. FLOWER
FORREST N. TROUTMAN, II
LAW OFFICES
SAlOIS, SHUFF, FLOWER & LINOSA Y
A PROFESSIONAL CORPORATION
26 WEST HIGH SfREET
CARLISLE. PENNSYLVANIA 17013
TELEPHONE: (717) 243-6222 - FACSIMILE: (710 243-6486
EMAIL: c1indsay@sstl-law.com
www.ssfl-Iaw.com
WEST SHORE OFFICE:
2109 MARKET STREET
CAMP HILL. PA 17011
TELEPHONE: (717)737-3405
FACSII\IILE: (717)737-34Oi
REPLY TO CARLISLE
March 26, 2002
Samuel L. Andes. Esquire
525 North Twelfth Street
P. O. Box 168
Lemoyne. PA 17043
RE: R. Michael Mills v. Linda L. Mills
No. 01 - 3314 Civil Term
Dear Sam:
Thank you for your letter of March 20, 2002 and its enclosure. With regard to Mr.
Mills' father's estate, I would appreciate seeing a copy of the settlement sheet for the
condominium and the family farm. Would you also ask Mr. Mills' brother to provide
copies of statements that indicate the value of the CD, the "FG Settlen" annuity, the
value of the "Am Nat" annuity payout, and some indication of what $8,000.00 of
miscellaneous expenses are for. Of the requests I am making in this letter, only one of
them requires the Trustee to do anything but make copies of documents which must be
in his file.
I will await receipt of these documents before filing my Pre-Trial Statement. I will
also be meeting with my client shortly to be able to respond to your request fer a
designated earning capacity.
Very truly yours,
SAlOIS, SHUFF, FLOWER & LINDSAY, P.C.
~
IV
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Carol J. Lindsay
CJLJljb
cc: Linda Mills
E. Robert Elicker. II. Esquire
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DR 30869
PACSES ID '741\036'73
VS.
: DO.
: CIV
o~~
'LEAS
S'iLV ANIA
LINDA L. MILLS,
Plaintiff/petitioner
: IN'
:CUl
N
It. M. MILLS,
Defendant/llespondent
: NO.
AND NOW, this 28tb day of september, 2001. based upon the Court's detennination that
"",,,,,,,,', _ "" """""''''''''0' ,-,~ i, $0.00 '" _th'" R""""""" ","""", ""
,..-"""''''' '-'~ i, $1)".12 '" ..-. . . """" """'" ,"" Ib< """"""'" .., '" th<
p_~'''' S""" CoI""'''''''' Di""""""" Uo'. $I~ 18.00 '" _th ",,"k m_ "
fo'-' $I) 18.00 fo< ,Ii"""'" ""","'" Ii'" ... $0.00 "" """,. F"" -' ohm with .'" -
_""'_' ..- "''' $0.00. Th< "'''''~ _ oflb< - i, __28. 2001.
ORDER OF COURT
parties agree that husband is given credit in the amount of $4,349.090 since the date of tiling
on July 12, 2001. Husband is to pay forty percent (40%) of any and all bonuses within five days upon
""'P' of ""d ",,"w. H' i, '" ""'"' di"" _'" '" wife ... i' to P"""'" ""'f_ of'"
bonus to DRO within the same five days.
Failure to make each payment on time and in full will cause all arrears to become subject to
immediate collection by all of the means as provided by 23 Pa.C.S.~ 3703. Further. if the Court
fmds. after hearing. that the Respondent has willfully failed to comply with this Order. it may declare
the Respondent in civil contempt of Court and its discretion mak.e an appropriate Order, including.
but not limited to, commitment of the Respondent to prison for a period not to exceed six months.
Said money to be tumed over by the P A SCDU to: Linda L. Mills. Payments must be made
by <h'''''' m_ _. Al. ,,,,,,,"'" -" "'- moo bo ""'" ..,,,,, to P A seDU ...
mailed to:
Payments must include the defendant's P ACSES Member Number or social Security Number in
order to be processed. Do not send cash by mail.
PASCDU
P.O. Box 69110
Harrisburg. P A 17106-9110
Unreimbursed medical expenses that exceed $250.00 annually are to be paid 60% by the
respondent and 40% by petitioner. The petitioner is responsible to pay the first $250.00 annually in
unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty
(30) days after the entry of this order, the Respondent shall submit written proof that medical
insurance coverage has been obtained or that application for coverage has been made. Proof of
coverage shall consist. at a minimum. of: I) the name of the health care coverage provider(s); 2) any
applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims
should be made; 5) a description of any restrictions on usage, such as prior approval for hospital
admissions. and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage
contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim fonns.
This Order shall become final ten days after the mailing of the notice of the entry of the Order
to the parties unless either party files a written demand with the Prothonotary for a hearing de novo
before the Court.
DRO: R. J. Shadday
Mailed copies on PClitioner
I,' ./ )-.Of 10: < Respondenl
BY THE COURT,
().~~
Edgar B. Bayley
J.
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
PA!.t. 0 I - 331t.{ (r 1// L
State Common_31th of ....nn~"'v"ni,, I~n(!t;l<; 1/1. J/u-3G:,7 3
Co.lCity/Dist. of CllMBBRLAND o,e .~ C'/
Date 01 Order/Notice 10/01/01 jOIJ (P 9'
Court/Case Number (See Addendum 1m case summary)
o Original OrderlNolice
o Amended Order/Norice
o Tenninare Order/Notice
) RE, MILLS, R M.
) Employee/ObliSor'. Name (La.I, Firsl. Mil
) 3U.-44-3166
) Employee/ObliSOr'. Social Securily Number
) 3829100816
) Employee/ObliSOr'. Case/dentifter
) ISfto AddPndun for pIaitniH _.. UIOdalod with ......OII.ltIlilmMtI
) Cuslodial Parenl's Name (Last First MI)
)
EmployerfWilhholder'. Federal EIN Number
THIl PATRIOT-NEWS CO
EmployerfWilhho/der'. Name
812 HARDT ST
EmployerfWilhholder'. Add....
PO BOX 2265
HARRISBURG PA 17101-2808
See Addendum 1m dependent names iIIld birth dates assooated with cases on attachment.
ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBBRLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's!obligor's income until/urther notice even if the Order/Notice is not
issued by your State.
$ 1.318.00permonth in current support
$ O. 00 per month in past-due support Arrears 12 weeks or greaterl 0 yes lID no
$ 0.00 per month in medical support
$ 0 00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 1,318.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. 1/ your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 304 15 per weekly pay period.
$ 608 31 per biweekly pay period (every two weeks).
$ 659 00 per semimonthly pay period (twice a month).
S 1.318.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days alter the date of this
Order/Notice. Send payment within seven m working days of the paydateldate of withholding. You are entitled to
deduct a fee to delray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The total Withheld amount, and your fee, cannot exceed 55% of the employee's! obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the follOWing information is
needed (See #9 on pg. 2).
If remitting by EFTIEDI, please call Pennsylvania State COllections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCOU
Send check to: Pennsylvania SCOU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/ObIip's Case ldentilier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
Date of Order: . Der
~ l@r
y
j
Form EN-Q 8
Worker 10 $IATT
~
...- """'ft
. ,,"'~MBNo.:0910.0154
/ 0 ./ :J. -OJ "0;"';00 "'... 121J111lO
Service Type M
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If checked you are required to provide a copy of this form to your employee.
1. Priority: Withholding under this OrderlNotice has priority over any other legal process under Stale law against the same income.
Federal tax levies in effect before receipt of this order have priority. Ifthere are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment
to each agency requesting withholding. You must, however, separalely identify the portion of the single payment that is attributable to
each employee/obligor.
3.' :;:;;~~: :1.: ::~~~.~ "f'~';d,j,"~d~,g. .,',," ","'11",.....111,( ...,datcld.", of ..itl,I'vld;..g ..I.c.. ."...,j;.... d.c ...,I..c..t. TI.e
pa)dal\Jdol" "f ..;II.I,"ld;.... i. tr,e dol\. vI. ..l.id, al..v~.,I.... ..;II,l.dd fiv...II.e "..,,,lu,e"', .....e.. You must comply with the law ofthe
stale of the employee'slobligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4. . Employee/Obligor with Multiple Support Holdings: Ifthere is more than one OrderlNotice to Withhold Income for Support
against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or Stale Withholding limits, you must
follow the law of the stale of employee'slobligor's principal place of employment. You must honor all OrdersINotices to the grealeSI
extent possible. (See 19 below)
S. Termination Notification: You must pronlptly notify the Requesting Agency when the employee/obligor is no longer working for
you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 2313044020
EMPLOYEE'SIOBLlGOR'S NAME: MILLS. R M.
EMPLOYEE'S CASE IDENTIFIER: 3829100816 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADORESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the OrderlNotice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania Stale law. Pennsylvania State law governs
unless the obligor is employed in another Stale, in which case the law of the Stale in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is
employed governs.
9.' Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit
Protection Act (1 5 U.S.c. ~ 1673 (b)1; or 2) the amounts allowed by the State of the employee'slobligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
10.
ONOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the stale that issued this order with respect to these items.
Requesting Agency:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (71 71 240-6248 or
by Internet @
Service Type M
Page 2 of 2
Form EN-028
Worker ID $IATT
OMBNo.:097D.01S"
hplralil'nDaIe: 12/31/'00
PACSES Case Number
Plaintiff Name
LINDA L. MILLS
Docket Attachment Amount
Dl-3314 CIVIL$ l,318.DD
Child(ren)'s Name(s):
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: MILLS, R M.
7421D36731"~C~~tf
PACSES Case Number
Plaintiff Name
DOB
Attachment Amount
$ D.DD
Child(ren)'s Name(s):
~
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
. .
. .
. .
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
S D.DD
Child(ren)'s Name(s):
PACSES Case Number
Plaintiff Name
DOB
Docket Attachment Amount
S D.DD
Child(ren)'s Name(s):
DOB
Olf checked, y~u are requi;"d to enroll the child(ren)
identified above in an~ health insurance coverage available
through the employee s/obligor's employment.
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
~ Attachment Amount
S D.DD
Child(ren)'s Name(s):
DOB
Docket Attachment Amount
S D.DD
Child(ren)'s Name(s):
DOB
o Ii ~h~cked, you are required to enroll the child(ren)
identified above in an~ health insurance coverage available
through the employee s/obligor's employment.
[j If ch~cked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Addendum
Form EN-028
Worker 10 $IATT
Service Type M
OMB No.: 0910-0154
Expiration Dille: 12/31/00
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R. MICHAEL MILLS,
Plaintift7Respondent
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - DIVORCE
LINDA L. MILLS,
DefendantlPetitloner
NO. 01-3314 CML TERM
IN DIVORCE
DR# 30869
Paesesll 742103673
ORDER OF COURT
AND NOW, this 2'"' day of August, 200 I, upon consideration of the .....ched Petilion for Alimony
Pendente Lile anellor counsel fees, il is hereby directed thai the parties and their respective counsel appear
before R.J. Shaddav on Swember 7. 2001 alI0:JO A.M. for a conference, al 13 N. Hanover SI., Carlisle.
PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be
entered.
YOU are further ordered to bring to the conference:
(I) a lnIe copy of your most recenl Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement allached to this order, completed as required by Rule
1910.110
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warranl for your arrest.
BY THE COURT,
George E. Hoffer, President Judge
Mail copies on
8-2-01 to:
Petitioner
< Respondent
Carol Lindsay, Esquire
Samuel Andes, Esquire
-yl
;-
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R. Shadday, Conference Officer
.;JL
Date of Order: August 2, 200 1
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY AITEND THE CONFERENCE AND
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717)249-3166
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SHUFF. FLOWER
& LINDSAY
A,1TOIlND'9-Ar-UW
Z6 W. HIsh Slree.
Carll,le, PA
R. MICHAEL MILLS,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 01-3314 CIVIL TERM
: IN DIVORCE
V5.
LINDA L. MILLS,
Defendant/Petitioner
PETIT/ON FOR ALIMONY PENDENTE LITE
Now comes, by and through counsel, SAIDIS, SHUFF, FLOWER & LINDSAY,
and petitions this Honorable Court as follows:
1. The parties hereto are husband and wife, having been joined in marriage
on October 5, 1974.
2. The parties separated on or about May 28. 2001.
3. Petitioner is without the ability to eam income sufficient to meet her
reasonable needs and to pay attomey's fees.
WHEREFORE, Petitioner prays this Honorable Court to order alimony pendente
lite in an amount equal to the Pennsylvania State Support Guidelines and reasonable
attorney's fees.
SAIDIS, SHUFF, FLOWER & LINDSAY
Attomeys for
By:
SAlOIS
SHUFF, FLOWER
& LINDSAY
A,11'IIlNEYI-A"'UW
Z6 W. Hllb Streel
Carlisle, p",
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. ~ 4904, relating to unswom falsification to authorities.
-J"if () 0 I
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Linda L. Mills
DRS ATTACHMENT FOR APL PROCEEDINGS
PETITIONER: liNDA L. MILLS
DOB: AuGUST5,1946 SSN: 174-36-1265
ADDRESS: 17 HEMLOCK DRIVE, MECHANICSBURG, PA 17055
PHONE: (717) 243-6222
ATTORNEY: CAROLJ.LiNDSAY
PETITIONER'S EMPLOYMENT: NONE
How LONG? HOMEMAKER SINCE 1976
NET PAY: N/A PER
JOB TITLE: HOMEMAKER
OTHER INCOME: (INCLUDE AMOUNT AND SOURCE)
RESPONDENT: R. MICHAEL MILLS
DOB: JANUARY 31, 1943
SSN: 314-44-3166
ADDRESS: P. O. Box 1413, HARRISBURG, PA
PHONE: UNKNOWN
ATTORNEY: SAMUEL L. ANDES
RESPONDENT'S EMPLOYMENT: PATRIOT NEWS
How LONG? ESTIMATED 10 Y EARS
NET PAY:$48,OOO.00 PER YEAR
JOB TITLE: SUPERVISOR
OTHER INCOME: (INCLUDE AMOUNT AND SOURCE)
INTEREST, DIVIDENDS, SPECIAL POLICE OFFICER, INHERITANCE OF FARM
WHEN MARRIED: OCTOBER 5, 1974 WHERE: MONTOURSVILLE, PA
DATE SEPARATED: MAY 28,2001
WHERE lAST LIVED TOGElliER: 17 HEMLOCK DRIVE, MECHANICSBURG, PA 17055
FOR DRS INFORMATION ONLY
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R, MICHAEL MILLS,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 01 - 3314 CIVIL TERM
Plaintiff
VS.
LINDA L. MILLS,
Defendant : IN DIVORCE
PETITION TO WITHDRAW AS COUNSEL
NOW COMES SAIDIS, SHUFF, FLOWER & LINDSAY AND CAROL J. LINDSAY,
counsel for Linda L. Mills, Defendant above, and petitions this Honorable Court as
follows:
1. Petitioner is Carol J. Lindsay and Saidis Shuff Flower & Lindsay with a
principal place of business at 26 West High Street, Carlisle, Cumberland County,
Pennsylvania.
2. Respondents are R. Michael Mills who is represented by Samuel Andes,
Esquire, and Linda L. Mills.
3 Petitioner is counsel of record for Linda L. Mills in a currently pending
divorce action.
4. A Master's hearing in the captioned case is set for January 28, 2003.
5. Petitioner seeks leave of Court to withdraw from the captioned case for
the following reasons:
A. Attomeys fees remain unpaid.
B. Communication difficulties between Respondent, Linda L. Mills,
and Petitioner, inhibits the effective litigation or settlement of her
case.
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATItIlNEt'SeANAW
26 W. High S.reet
C.rlloIe, PA
I:
I
WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon
Respondents to show cause why Carol J. Lindsay and Saidis Shuff Flower & Lindsay
should not be permitted to withdraw as counsel for Linda L. Mills..
SAlOIS, SHUFF, FLOWER & LINDSAY
By
SAlOIS
SHUFF, FLOWER
& LINDSAY
A'I"I'IIlNEYs-Ar-lAW
Z6 W. ".... 51reet
Carllole. PA
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. ~ 4904, relating to unsworn falsification to authoritie~:
Date:
/"2---( I {/ 2.--
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SAlOIS
SHUFF, FLOWER
& LINDSAY
ATJ'OINEYStANA,W
Z6 W. Hlsh Sln!eI
Carlisle. PA.
I!
R, MICHAEL MILLS,
V5.
LINDA L. MILLS,
AND now, this
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 01 - 3314 CIVIL TERM
Defendant : IN DIVORCE
day of
,2002, I,
LOWER & LINDSAY,
Carol J. Lindsay, Esquire, of the law firm
Attomeys, hereby certify that I served the within Petition to Withdraw as Counsel
this day by depositing same in the United States Mail, First Class, Postage Prepaid, in
Carlisle, Pennsylvania, addressed to:
Samuel L. Andes, Esquire
525 North Twelfth Street
P. O. Box 168
Lemoyne, PA 17043
Linda L. Mills
17 Hemlock Drive
Mechanicsburg, PA 17055
SAlOIS, SHUFF, FLOWER & LINDSAY
\ 7
By
. Indsay, quire
ID 93
26 West High Street
Carlisle, PA 17013
(717) 243-6222
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II
R. MICHAEL MILLS,
LINDA L. MILLS,
AND NOW, this
VS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 01 - 3314 CIVIL TERM
Defendant : IN DIVORCE
ORDEROFCO~
lot- day of ~ ,2002 upon
......
consideration of the within Petition, a Rule is issued upon Respondents, Linda
L. Mills and R. Michael Mills, to show cause, if any, why Petitioner, Carol J.
Lindsay, should not be permitted to withdraw as counsel for Linda L. Mills.
to)
RULE returnable days from date of service.
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R. MICHAEL MILLS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 01 - 3314 CIVIL TERM
VS.
LINDA L. MILLS,
Defendant : IN DIVORCE
PETITION FOR A HEARING
NOW COMES SAIDIS, SHUFF, FLOWER & LINDSAY AND CAROL J. LINDSAY,
counsel for Linda L. Mills, Defendant above, and petitions this Honorable Court as
follows:
1. On December 6, 2002, the undersigned petitioned to withdraw as counsel
for Linda L. Mills.
2. An answer to the Petition has been filed by both Respondents, Linda L.
Mills and R. Michael Mills, the Plaintiff in the underlying action.
3 The answer of Linda L. Mills is attached hereto as Exhibit "An, and the
answer of R. Michael Mills, the Plaintiff in the case, is attached hereto as Exhibit "B".
4. Respondent Linda L. Mills seeks to maintain Carol J. Lindsay as her
counsel in the case. Respondent R. Michael Meals has no opinion on withdrawal but
wishes to maintain the Master's hearing now scheduled for January 28, 2003.
5. A resolution of this interest at the soonest possible date is important for all
parties.
WHEREFORE, Petitioner prays this Honorable Court to grant the Petition of the
undersigned and to permit her to withdraw as counsel for Linda L. Mills promptly so that
she may obtain other counsel.
SAlOIS, SHUFF, FLOWER & LINDSAY
By
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. ~ 4904, relating to unswom falsification to authorities.
Date: ,-vi 1(':/0 V
=t,
R, MICHAEL MILLS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 01 - 3314 CIVIL TERM
V5.
LINDA L. MILLS.
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
AND now, this ,go day of ~t/~ ,2002, I,
Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY,
Attomeys, hereby certify that I served the within Petition for a Hearing this day by
depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle,
Pennsylvania, addressed to:
Samuel L. Andes, Esquire
525 North Twelfth Street
P. O. Box 168
Lemoyne, PA 17043
Linda L. Mills
17 Hemlock Drive
Mechanicsburg, PA 17055
SAlOIS, SHUFF, FLOWER & LINDSAY
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C J. L:lndsay, squire
ID# 44693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
By
R. MICHAEL MILLS
IN THE COURT OF COMMOM PLEAS OF
CUMBERLAND COUNTY PENNSYL V ANlA
CIVIL DIVISION
Plaintiff
V.
NO.: 01-3314 Civil Term
LINDA L. MILLS
Defendant
ANSWER TO RULE TO SHOW CAUSE
AND NOW, comes the Defendant, Linda Mills, and answers the Rule to Show Cause
filed in the above captioned matter as follows:
1.
Denied. Ms. Lindsay was to Petition the Coon to have R. Michael Mills, pay my
legal fees.
.,
Denied. Ms Lindsay was made aware her calls show up as unavailable on the
Caller 10 service through Verizon. I do not answer unavailable calls since most
of the time they are telemarketing calls. Other arrangements were made to reach
me.
WHEREFORE. Defendant prays that this action be denied.
J ~ - .
.<y,~ ~~". r7Z tI~
"fiillla L. Mills
17 Hemlock Drive
Mechanicsburg, P A 17055
717-766-3859
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VERIFICATION
The undersigned, Defendant, deposed and says subject to the penalties of 18 Pa. C.S. A.
Section 4904 relating to unsworn falsification to authorities that the facts set fom in the
foregoing Answer to Rule to Show Cause are true and correct to the best of my knowledge,
information and belief.
~ ,.[) cv d aU.
inda L. Mills
CERTIFICATE OF SERVICE
Linda 1. Mills, hereby certifies that on December 19, 2002 I mailed a copy of the Answer
to Rule to Show Cause to the Plaintiff by first class mail to the below listed address:
Carol Lindsay, Esquire
Saidis, Shuff', Flowers & Lindsay
26 W. High Street
Carlisle, PA 17013
,~d2~ 7}zdh
'-1.inda 1. Mills
17 Hemlock Drive
Mechanicsburg, P A 17055
717-766-3859
II
R. MICHAEL MILLS,
Plaintiff
Defendant
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
LINDA L. MILLS,
NO. 01-3314 CIVIL TERM
IN DIVORCE
ORDER
I AND NOW this day of , 200 _, upon
consideration of the Response of the Plaintiff to the Petition of Carol J, Lindsay, Esquire,
II to withdraw as counsel, we hereby order as follows:
I 1. Whether Carol J. Lindsay, Esquire, is granted leave to withdraw as counsel for
I
I the Defendant in this matter or not, the Master's hearing now scheduled for January 28,
!
Ii 2003, shall not be postponed or continued without the consent of both parties and their
Ii
attorneys.
2. A copy of this Order shall be served upon both Carol J. Lindsay, Esquire, and
the Defendant, Linda L. Mills.
/,
,
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BY THE COURT,
J.
Distr-ibution:
Samuel L. Andes, Esquire (Attorney for Plaintiff)
P.O. Box 168, Lemoyne, PA 17043
Carol J. Lindsay, Esquire (Attorney-at-Law)
26 West High Street, Carlisle, PA 17013
Linda L. Mills (Pro se)
17 Hemlock Drive, Mechanicsburg, PA 17055
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R. MICHAEL MILLS,
Plaintiff
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
LINDA L. MILLS,
NO. 01-3314 CIVIL TERM
Defendant
IN DIVORCE
I
I
I
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PLAINTIFF'S RESPONSE TO PETITION OF
CAROL J, LINDSAY, ESQUIRE. TO WITHDRAW AS COUNSEL
AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and
makes the following response to the Petition of Carol J. Lindsay, Esquire, in this matter:
1, Plaintiff does not desire to intrude into the dispute between the Defendant and
Ms. Lindsay and will not, therefore, take any position regarding the reasons for Ms.
Lindsay's request for leave to withdraw as Defendant's counsel.
2. Plaintiff is, however. concerned about the delay in this case which may result
from the court granting Ms. Lindsay leave to withdraw as counsel. This matter has been
before the Master for more than a year and the Master has already determined, following
a hearing, that the parties separated since 1996, Plaintiff is currently paying a substantial
amount each month to the Defendant, as alimony pendente lite, and Defendant has made
little or no effort to become financially independent, through employment or otherwise,
since the separation of the parties,
3. The matter is currently scheduled for a hearing before the Master to resolve all
of the economic issues and conclude the divorce litigation. That hearing is scheduled for
28 January 2003.
4, The proceedings in this matter have been delayed by postponements and
continuances previously.
5. Plaintiff will be severely prejudiced if the Master's hearing now scheduled for 28
January 2003 is postponed or delayed.
WHEREFORE. Plaintiff prays this court to direct that the Master's hearing now
scheduled for 28 January 2003 continue as scheduled, without postponement or delay,
whether Carol J. Lindsay, Esquire, is granted leave to withdraw as Defendant's counselor
not,
~1l
Attorney for Plaintiff
Supreme Court 10 # 17225
525 North 12'" Street
Lemoyne, Pa 17043
(717) 761 -5361
I
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VERI FICA TION
I verify that the statements made in this Response are true and correct, I
understand that any false statements in this Response are subject to the penalties of 18
Pa. C.S. 4904 (unsworn falsification to authorities).
D ,,,;_
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CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing Response upon the
following persons, herein by regular mail, postage prepaid, addressed as follows:
Carol J, Lindsay, Esquire
26 West High Street
Carlisle, Pa 17013
Linda L, Mills
1 7 Hemlock Drive
Mechanicsburg, PA 17055
Date:
j;:J/~/D'J-.
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Amy M. Harkins
Secretary for Samuel L. Andes
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R. MICHAEL MILLS,
PLAINTIFF
V.
LINDA L. MILLS,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 01-3314 CIVIL TERM
ORDER OF COURT
AND NOW, this'1L-day of December, 2002, upon review of the answers filed by
Linda L. Mills and R. Michael Mills, to the petition of Carol J. Lindsay, Esquire, to
withdraw as counsel for Linda L. Mills, the Rule is MADE ABSOLUTE. Carol J.
Lindsay, Esquire, may withdraw as counsel for Linda L. Mills.1
By the Court,
Samuel L. Andes, Esquire
For Plaintiff
,
Carol J. Lindsay, Esquire
Linda L. Mills
17 Hemlock Drive
Mechanicsburg, PA 17055
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Robert Elicker, Esquire k,~_
Divorce Master - P wi- .....,:.. I'
:sal
I Should this order result in a request of Linda L. Mills to continue the scheduled
Master's hearing, such a decision shall be made by the Divorce Master based
upon the circumstances and the history of the litigation.
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R. MICHAEL MILLS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
: CIVIL ACTION - LAW
v.
LINDA L. MILLS
: NO.
01 - 3314
: IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: R. Michael Mills
Samuel L. Andes
, Plaintiff
, Counsel for Plaintiff
Linda L. Mills
Carol J. Lindsay
, Defendant
. Counsel for Defendant
You are directed to appear for a hearing to take testimony on the outstanding
issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9
North Hanover Street. Carlisle. Pennsylvania, on the 15th and 16th day of
October 2002 at 9:00 a.m., at which place
and time you will be given the opportunity to present witnesses and exhibits in support
of your case.
George E. Hoffer. President Judge
Date of Order and
Notice: 7/8/02
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIA nON
2 LIBERTY A VENUE. CARLISLE, PA 17013
TELEPHONE (717) 249-3166
R. MICHAEL MILLS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
LINDA L. MILLS
: NO.
01 - 3314
: IN DIVORCE
ORDER AND NOTICE SE'ITING HEARING
TO: R. Michael Mills
Samucl L. Andes
. Plaintiff
. Counsel for Plaintiff
Linda L. Mills
Carol J. Lindsay
, Defendant
, Counsel for Defendant
You are directed to appear for a hearing to take testimony on the outstanding
issues in the above captioned divorce proceedings at the Office of the Divorce Master. 9
North Hanover Street, Carlisle. Pennsylvania, on the 2Rth day of
January 2003 at 9:00 a.m" at which place
and time you will be given the opportunity to present witnesses and exhibits in support
of your case.
George E. Hoffer. President Judge
Date of Order and
Notice: 10/22/02
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE. CARLISLE. PA 17013
TELEPHONE (7 I 7) 249-3 166
R. MICHAEL MILLS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
NO. 01 - 3314 CIVIL
LINDA L. MILLS,
Defendant IN DIVORCE
THE MASTER: Today is Tuesday, January 28,
2003,
This is the date set for a Master's hearing in the
above captioned divorce proceedings.
Present in the hearing room is the
Plaintiff's counsel Samuel L. Andes. The Plaintiff is in
another room in our office. Also present is the Defendant,
Linda L. Mills, and Michael Alleman, son-in-law of Linda Mills
and Barbara Alleman, Linda's daughter.
Previously Mrs, Mills was represented by
attorney Carol Lindsay but Ms. Lindsay received the Court's
permission to withdraw from this case,
A complaint in divorce was filed on May 31,
2001, raising grounds for divorce of irretrievable breakdown
of the marriage.
The Master expects that the parties will
sign affidavits of consent and waivers of notice of intention
to request entry of divorce decree today so that the Master's
office can file the affidavits and waivers with the
Prothonotary. The divorce can, therefore, be concluded under
Section 3301(c) of the Domestic Relations Code.
A 3301(d)
was filed on May 23, 2001. There was an issue raised
t.~.
./'
R. MICHAEL MILLS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 3314 CIVIL
LINDA L. MILLS,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
;( 8 fJ1
day of ._
J
couu.4'el
---
2003, the parties, along with husband's
and
daughter and son-in-law, having entered into an agreement
and stipulation resolving the economic issues on January 28,
2003, the date set for a Master's hearing, the agreement and
stipulation having been transcribed, and subsquently signed
by the parties and witnessed by husband's counsel and wife's
son-in-law, the appointment of the Master is vacated and
counsel for husband can conclude the proceedings by the
filing of a praecipe to transmit the record with the
affidavits of consent of the parties so that a final decree
in divorce can be entered.
BY THE COURT,
cc: ~amuel L. Andes
Attorney for Plaintiff
./Linda L. Mills
Defendant
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IN THE COURT OF COMMOM PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
R. MICHAEL MILLS
CIVIL DIVISION
Plaintiff
V.
NO.: 01-3314 Civil Tenn
LINDA L. MILLS
Defendant
ANSWER TO RULE TO SHOW CAUSE
AND NOW, comes the Defendant. Linda Mills, and answers the Rule to Show Cause
filed in the above captioned matter as follows:
I, Denied. Ms. Lindsay was to Petition the Court to have R. Michael Mills, pay my
legal fees.
2. Denied. Ms Lindsay was made aware her calls show up as unavailable on the
Caller ID service through Verizon. I do not answer unavailable calls since most
of the time they are telemarketing calls. Other arrangements were made to reach
me.
WHEREFORE. Defendant prays that this action be denied.
&,.v~ /~/~ till:,
inda L. Mills
17 Hemlock Drive
Mechanicsburg, P A 17055
717-766-3859
VERI FICA TION
The undersigned. Defendant, deposed and says subject to the penalties of 18 Pa. C.S. A.
Section 4904 relating to unsworn falsification to authorities that the facts set forth in the
foregoing Answer to Rule to Show Cause are true and correct to the best of my knowledge.
information and belief.
~~ r)/ //Uft
inda L. Mills
CERTIFICATE OF SERVICE
Linda L. Mills, hereby certifies that on December 19, 2002 I mailed a copy of the Answer
to Rule to Show Cause to the PlaintifTby first class mail to the below listed address:
Carol Lindsay, Esquire
Saidis, Shuff, Flowers & Lindsay
26 W. High Street
Carlisle, PA 17013
~dGV 77zdh
. inda L. Mills
17 Hemlock Drive
Mechanicsburg. P A 17055
717-766-3859
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R. MICHAEL MILLS,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs,
CIVIL ACTION - LAW
NO, 0/- 331<1 Ctv.:I Tb-
LINDA L. MILLS,
Defendant
IN DIVORCE
NOTICE TO DEFENDANT
If you wish to deny any of the statements set forth in this Affidavit, you must file a
Counter Affidavit within twenty (20) days after this Affidavit has been served on your or the
statements will be admitted,
PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 Idl OF THE DIVORCE CODE
1. The parties to this action separated in early January 1996 and have
continued to live separately and apart for a period of at least two years,
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C,S. 4904 relating
to unsworn falsification to authorities.
Date:~g3IaCXJI
~.. J?~~
it MICH L MILLS
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATI'ORNEYS-ANAW
Z6 W. Hlsh Sir...
Carll.I., PA
R. MICHAEL MILLS.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 01 - 3314 CIVIL TERM
VS.
LINDA L. MILLS,
Defendant : IN DIVORCE
ANSWER AND COUNTER-CLAIM
TO THE COMPLAINT IN DIVORCE
NOW COMES Linda L. Mills, by and through her counsel, SAIDIS, SHUFF,
FLOWER & LINDSAY, and answers the Complaint in Divorce as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
COUNT I-IRRETRIEVABLE BREAKDOWN
8. No answer required.
WHEREFORE, Defendant requests this Honorable Court to enter a Decree in
Divorce divorcing Defendant from Plaintiff.
COUNTER-CLAIM
9. The averments in Paragraphs 1 through 8 herein are incorporated by
reference.
SAlOIS
SHUFF, FLOWER
& LINDSAY
A'I"I'DIlNEYs-A"'IAW
Z6 W. High 5......
c..rlloJe, PA
COUNT II - EQUITABLE DISTRIBUTION
10. In the course of their marriage, the parties have acquired certain personal
property.
WHEREFORE, Defendant prays this Honorable Court to equitably divide the
parties property.
COUNT 111- ALIMONY. ALIMONY PENDENTE LITE
11. Defendant is without means to provide for her own reasonable needs.
WHEREFORE, Defendant prays this Honorable Court to enter an award of
alimony pendente lite prior to the entry of Decree in Divorce and an Order for alimony
thereafter.
COUNT IV - COUNSEL FEES AND COSTS
12. Defendant is without means to pay for counsel fees or to pay the costs
necessary to prepare her case for trial.
WHEREFORE. Defendant prays this Honorable Court to order Plaintiff to pay
reasonable attomey's fees and costs.
SAlOIS, SHUFF, FLOWER & LINDSAY, P.C,
Attorneys for Plaintiff
\
By iJtu~..
aro J. Lindsay, Esquire
693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
SAlOIS
SHUFF, FLOWER
& LINDSAY
A,1TORNEYS.AT-uW
Z6 W. Hllh Slreet
Carll,.., PA
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and
correct. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities.
Date: jp../4 A 6 I
{/ J
~~/~
Linda L. Mills
SAlOIS
SHUFF, FLOWER
& LINDSAY
A1TORNEYS.AT.UW
Z6 W. Hllh Street
Carlisle. PA
R. MICHAEL MILLS,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 01 - 3314 CIVIL TERM
Defendant : IN DIVORCE
Plaintiff
V5.
LINDA L. MILLS.
2001,
CERTIFICATE OF SERVICE
AND "OW, "". i r' day of ~ '
I, Carol J. Lindsay, Esquire, of the law firm of SAI ,SHUFF, FLOWER &
LINDSAY, Attomeys, hereby certify that I served the within Answer and Counter-
Claim to Complaint in Divorce this day by depositing same in the United States Mail,
First Class, Postage Prepaid. in Carlisle, Pennsylvania. addressed to:
Samuel L. Andes
525 North Twelfth Street
P. O. Box 168
Lemoyne, PA 17043
SAlDIS, SHUFF, FLOWER & LINDSAY, P,C.
Attorneys for Plaintiff
SAlOIS
SHUFF, FLOWER
& LINDSAY
A1TORNEYs-A'N.AW
26 W. Hlsh SlIeeI
Car.ls.e, PA
R. MICHAEL MILLS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01 - 3314 CIVIL TERM
VS,
LINDA L. MILLS.
IN DIVORCE
Defendant
COUNTER AFFIDAVIT UNDER SECTION 3301 d
1. CHECK EITHER (AI OR (I):
(a) (x) I do not oppose the entry of the divorce decree.
(b) I oppose the entry of a divorce decree because: ICHECK 111,1111 OR balhl'
(i) The parties to this action have not lived separate and
apart for a period of at least two years: and
(ii) The marriage is not irretrievable broken.
2. CHECK EITHER (AI OR (I):
(a) I do not wish to make any claims for economic relief. I understand that I
may lose rights concerning alimony, division of property, lawyer's fees
or expenses if I do not claim them before a divorce is granted
(b) (x) I wish to claim economic relief which may include alimony, division of
property, lawyer's fees or expenses or other important rights.
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. ~ 4904, relating to unswom falsification to authorities.
/vn~:L /If c.:e.
Linda Lls
Date: '4 J, {} /
{/ I
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATI'ORNEYs-AT-lAW
16 W. High SIreet
Colllsl., PA
R, MICHAEL MILLS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO, 01 - 3314 CIVIL TERM
VS.
LINDA L. MILLS,
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
AND now, this l.J'iL day of ~J:~ ' 2001, I, Carol J. Lindsay,
Esquire, of the law firm of SAIDIS, SHU , LOWER & LINDSAY, Attomeys, hereby
certify that I served the within COUNTER-AFFIDAVIT UNDER SECTION 3301 (d) OF
THE DIVORCE CODE this day by depositing same in the United States Mail, First
Class. Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Samuel L. Andes
525 North Twelfth Street
P. O. Box 168
Lemoyne, PA 17043
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
~j~'iAdti/ 4 .-
Carol J. Lindsay, E~re
10# 44693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
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R. MICHAEL MILLS,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY , PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 01-3314 CIVIL TERM
LINDA L. MILLS,
Defendant
IN DIVORCE
PLAINTIFF'S OBJECTIONS TO DEFENDANT'S SUPPLEMENTAL INTERROGATORIES
AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and
objects to the supplemental Interrogatories propounded by Defendant on the basis that
they violate the local rules of this court in that they, combined with Interrogatories
previously propounded, exceed the limit for such discovery contained in the rules.
~,~Qj)-
a . Andes
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
II
CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing Plaintiff's Objections to
Defendant's Supplemental Interrogatories upon counsel for the Defendant herein by
regular mail, postage prepaid, addressed as follows:
Carol J. Lindsay, Esquire
26 West High Street
Carlisle, Pa 17013
Date:
8 January 2002
~
Attorney for Plaintiff
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Commonwealth of Pennsylvania
County of Cumberland. ss:
R. MICHAEL MILLS,
Plaintiff
In the Court of Common Pleas of
Cumberland County, Pennsylvania
vs.
No. 01-3314 CIVIL TERM
LINDA L. MILLS,
Defendant
Motion for Appointment of Master
R. MICHAEL MILLS, Plaintiff moves the court to appoint a Master with respect to the following
claims:
( ) Divorce
( ) Annulment
(X ) Alimony
(X ) Alimony Pendente Lite
(X ) Distribution of Property
( ) Support
(X ) Counsel Fees
(X ) Costs and Expenses
and in support of the motion states:
1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested.
2. The Defendant has appeared in the action personally by her attorney, Carol J. Lindsay,
Esquire.
3, The statutory grounds for divorce are: two year separation pursuant to Section 3301 (d) of
the Divorce Code.
4. Check the applicable paragraph!s).
( ) The action is not contested,
( ) An agreement has been reached with respect to the following claims:
(X ) The action is contested with respect to the following claims:
Alimony, Equitable distribution, Counsel fees, Costs and expenses
5. The action does not involve complex issues of law or fact.
6. The hearing is expected to take 1 days.
7. Additional information, if any, relevant to the motion:
Sa I L. And
Attorney for Plaintiff
'~ ~
AND NOW, L If!.~ B 2001, E? ilL ~ 0.1 ".:lLt ,Esquire, is appointed
Master with respect to the fOIlO~ing clai : alimony, alimony pendente lite, distribution of property, counsel fees,
costs and expenses. .
C~ A ~ BY THE C
I().q-O\
5 October 2001
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R, MICHAEL MILLS,
Plaintiff
~~~7~~E.
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs,
CIVIL ACTION - LAW
LINDA L. MILLS,
NO. 01-3314 CIVIL
Defendant
IN DIVORCE
PLAINTIFF'S PRE-TRIAL STATEMENT
Plaintiff, by his attorney, Samuel L. Andes, files this Pre-Trial Statement in
accordance with Pa, R.C,P. 1920-33 (b):
1, ASSETS. Attached hereto and marked as Exhibit A is a list of the marital
assets of the parties as known to Plaintiff and attached as Exhibit B is a list of the non-
marital assets of the parties as known to Plaintiff,
2. EXPERT WITNESSES. Plaintiff expects that the parties will be able to agree
upon the value of his retirement benefits and the items of personal property which they
owned at the time of separation, He also hopes that the parties will be able to agree upon
an earning capacity to be assigned to the Defendant, If they are not, however, he
reserves the right to call an expert to appraise his pension or retirement benefits, an
expert to value any items of personal property that must be valued, and both a physician
and vocational expert to testify about the Defendant's earning capacity.
3. FACT WITNESSES. At the present time the Plaintiff anticipates calling only
himself as a fact witness,
4. EXHIBITS. At this point, Plaintiff anticipates offering the fOllOWing exhibits
into evidence at the hearing:
A, A report from William M. Mercer, Inc" regarding the value of his
pension benefits, together with copies of documents relating to the pension
and retirement benefits.
II
B. A letter or other statement from Plaintiff's brother, Fred Mills, who
serves as the trustee of a trust created by Plaintiff's deceased father.
Plaintiff is a beneficiary of the trust and the proceeds he expects to receive
from the trust are identified in Exhibit B,
C, Copies of tax returns, W-2 Statements, paycheck stubs and the
like to establish the incomes of the parties.
D. An Income and Expense Statement which lists both his income and
expenses,
Plaintiff reserves the right to offer such additional exhibits as may be necessary to
respond to any information submitted by Defendant in her case in chief,
5, INCOME STATEMENT. Attached hereto and marked as Exhibit C is a copy of
the Income & Expense Statement filed by Plaintiff in September of 2001 at the time the
current Alimony Pendente Lite order was entered, If necessary, Plaintiff will provide an
updated Income and Expense Statement at the time of the hearing.
6. EXPENSE STATEMENT. Attached hereto and marked as Exhibit C is a copy of
the Income & Expense statement filed by Plaintiff in September of 2001 at the time the
current Alimony Pendente Lite order was entered. If necessary, Plaintiff will provide an
updated Income and Expense Statement at the time of the hearing,
7. PENSION INFORMATION. Plaintiff has been employed, during the marriage, by
the Patriot-News Company and has earned certain retirement benefits as a result of that
employment. Copies of the documents relating to those, including a letter valuing those
pension benefits as of the date of separation, is attached hereto and marked as Exhibit D.
8, COUNSEL FEES. If Defendant makes a claim for an award of counsel fees,
Plaintiff will submit information about the counsel fees and expenses he has incurred in
the litigation of this matter. Otherwise, he does not intend to make a claim for counsel
fees.
II
9. PERSONAL PROPERTY. Plaintiff believes that the parties previously divided
and distributed their personal property at the time of their separation and shortly
thereafter. He does not believe the Master, or the court, will have to become involved in
the distribution of those assets or in the assignment of any value to them,
10, MARITAL DEBTS. Any marital debts that existed at the time of separation,
in January of 1996, have been paid since that time. The only significant obligation is a
debt owed to Citibank for the parties' daughter's college loans and most of that was
incurred after the date of final separation,
11 . PROPOSED RESOLUTION OF ECONOMIC ISSUES. Plaintiff proposes that his
retirement benefits be divided or distributed at the time of his retirement and that
Defendant receive one half of the benefits earned during the marriage, which were
$536,36 per month at the date of separation, There are no other marital assets which can
be used to offset the pension benefits,
~,~,Q:,
Sa I L. Andes
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 121h Street
Lemoyne, Pa 1 7043
(717) 761-5361
. .
Exhibit A
EXHIBIT A - MARITAL PROPERTY
ASSET VALUE DATE OF MARITAL LIENS AMOUNT
V ALUA TION PORTION OF LIEN
Husband's account $19,069.33 (accrued January 1996 100% of benefit Nona None known
within tha Patriot-Naws benafit of $536.30 per earned up to
Company Advanced month, commancing on January 1996
Pansion Plan earned 1 February 2008)
during the marriage
Savings account at PNC $100.00 (est'dl January 1996 100% None None known
Bank
1991 Chevrolet Blazer $2.000.00 January 1 996 100% None None known
automobile
Assorted items of Unknown January 1996 100% None None known
household furniture and
personal property
. ,
Exhibit B
EXHIBIT B - NON-MARITAL PROPERTY
ASSET VALUE DATE OF REASON FOR EXCLUSION LIENS AMOUNT
VALUATION OF LIEN
Husband's share of $260,603.00 Januery 2002 1) Inheritance kept seperate by None None known
trust left by his late (est'd)' Husband from dete of receipt
father (husband is a 21 Received by husband
50% beneficiary of several years after the parties'
the trustl finel separetion
Husband's pension Not known N/A Earned by husband efter final None None known
benefits earned separation
after the separation
in January of 1996
I The fmal expenses for the administration and distribution of the trust are not yet known
and will reduce this balance further.
. ,
Exhibit C
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
1J N. HANOVER ST, P,O. BOX 320, CARLISLE, PA, 17013
Phone: (717) 240-Q25
AUGUST 2, 2001
Plaintiff Name: LINDA L. MILLS
Defendant Name: R M. MILLS
Docket Number: 01-3314 CIVIL
PACSES Case Number: 742103673 /:1/ .\l'e i
Other State ID Number:
Fax: (717) 240-6248
I'IealIe illite: AD co.....plUldelll:e md __!be PACSES COle NlDDber,
Income and EXlIO'n"l! Statement
THIS FORM MUST BE FILLED OUT
(If you are self-employed or if you are salaried by a business of which you are owner in whole or pan, you must
also fill out the: Supplememallocome Statement which appears on page two of lhis iocllme and expense
statement, )
INCOME STATEMENT OF
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INCOME:
Employer '-rJI&"~~-A/~'
Add.... '11'lL nl"WU<.....,... :s-..... 1..Lt.,e.~,9'94""'&-.V~i 7/o~
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TypeufWork "'"""h,c..........~.J:_J -6"e;I~iJ.,,.~
Payroll No. Q~-q G""", Pay per Pay I'l:riod 5 /0 'i B Pay I'l:liod (wkly.. b~"kly., etc.)
llemized Payroll Deduct.",,:
W''-L..
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Federal Wilbhnldina S 1.<- Social Security S J. '(,D'6 Local Waae Tax 5/1195'
511" Income Tax 5 '30.,<1 RetirelDCRI S - Savings Balbi. S
C~dil Union 5 .- Lire Insurance 5 - Heallb Jl1Iiurance 5
Other Deduerion. (specify) 1M... - S L~, S . -
IJ~ ,.e I S 7- S
Ne' Pay per Pay Ptriod 5 7 J.. f{,'~
llG ,1 t:> h,! / #,
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PROPERTY
OWNED DESCRIPTION VALUE H W .J
Cbecking AcclIlIlIIlI 'Uvf1.. S ~"7)C -- ~
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TOTAL IS
OTIlER CFill in Approprialll CoIUlllll)
INCOME WEEK MONnl YEAR
!me.... S S S
Dividends
Pension
Annuity
Sucial Security
Ronts
Royalties
Espe.... AccaulU
Gifts
U~rgplnyrn::nI
Workmen"1
CIHllllensalioll
(lIher
OIher
TOTAL S S~ s
TOTAL INCOME S / LY
X ./
-
· H=HlL,hond; W=WilO; J=Joinl
Service Type M
FOnD IN-ooa
Worker ID 21205
~
Incnme and E.tpense Staremenl
PACSES Case Number 742103673
Co_ap ·
INSURANCE H W C
COMPANY POLICY'
HaBniral (I . . - '--2 ,~ ^ (
Blue em;
Olber Ii _~rt'I J' , , ,
Medical \.. v ,,~
Blue Shielqj-:
Other
Heabhl Accident
Disability Income
De...) J1/,.."t- CiCCe.. 1\ t-
Other
. H-HWlbend; W=Wife; C=Child
SKilnn D: Suoolementallncome Statement
u.
This Ibm is k' be fdled 0Ul by a penon
o (1) who operate.. busineu or practices a profeslion. or
o (2) who is . member of. partnl::nhip or joint YenIU~. or
o (3) who is it aharUolder in and is salaried by a closed corporIEil.ln or similar emky.
AEtlch EO this sralemenll copy ofthc followinJ: doc:umenls ~lIting Eo dJc partnr=rship. joint venD1~. busioesl, profession.
corporalinn or similar enlit)':
(1) lhe IJIOIII' reccnl Fcden.llDcome Tax Rerum. unci
(2) Ihe IlU.l. recent Pn,tjl and Lou SlDtemenr.
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Address and !clerhnne numhcr:
Nalu~ OrbUIUDCI. (c.berk 1IIle)
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Name oC accounElm. controller or OIber perma in eharp DC rllllUlCiIIl recorda:
(I) punnellhip
(2) jaw venture
(3) professiun
(4) CllllCd corporation
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f.
Annual im:ome Iiom. bUSUS6:
(1) Hnw often VI income re=iYed?
(2) Groa.s income per PlY period:
(3) Nel inc..mc per pay period:
(4J Specified deduclionl. if any:
SOlViee Typo M
Pego 2 of3
Form IN-roB
Worker ID 21205
Illcome and Expense Stalemem
Section ill: ~---
PACSES Case Number 742103673
IIllIII'UCWIIlI: Only .how .xtraordinary oxpo\llell in Ihis .ecwn unJos. you IiIIed OUI Section n on pogo two. The categories
in BOLD FONT are especially impot1anl for calcuJaling child .upport. If you .re roque.1iDg Spous.1 Supporll APL or if
you ....rt your caso ellDDOI be determined according to 1ho guidoliIle grids or l'ormula, Ibi. ..cwn mU'1 be fully comploled.
(Fill in Appropriate Column)
EXPENSES
WEEK MON11l YEAR
omo
MllI1/IqeIRont S S 5''6.;-- S
Mainlcnanc:e
U "[' .
Electric: S S '" S
Go. -
Oil
TelephoDe a......-
Waler -
So_r -
o m.
PublicT.. on. S S - S
Lunch iii/.~-
0 .
Rl:aleswe S S S
1't:"'IIBII'roI..ny
Insural e
Hnmeowncr'R S S
Au~(tmobile
LilO
Accidenr
Heallb
Olllor
utomo
Payments S S lI.o:A. S
Fuel --
Ro jB ;2.....
Modicol
Doctor S S S
-
Orthool.lnlist
H.. ,...
Mediciae
(&laMes, brares, --.
EXPENSES (FUI in Appropriate Colomn)
(continued) WEEK MONTH YEAR
Education
p.IYm 50_ S S .- S
Pa....bIaI ScIIoaI - ,
CoJloJlO "2-'1'J ' .~ Ir.-
Roli,ioo. .. -
I Penonal
Clothing S S S 51Jo -
Food 4/-tn:J
...,:""./ -;;2.0 .-
Credil Payment.
C..d~ Can! Ir;o -
ChalJl'
Membership. - "':X>- -
loaDS
Credit Union S S S
Miscellaneo1.ll
Hoosehold Help S S - S
C~."'"
Pape~""k.
EntenainmeDt 4!r-
Pay TV
Vacllion I--
Gills
Lo,allb:.
......nlaolC In
....
.~ .c} ~
~
.r~.:-....
Oth.r ro . -;;0-
s S S
......
I Total I WEEK MONTH
. Exoenses: . S S S
I verity that the !ltatemenbl made in Ihi. Income and ExpeDlIo Sratomcntare true and correct. I understand rbat false
slatemenL. hen:in are !lubject 1'0 the criminal penalties of 18 PH. C.S. 14904. rela!,ing Co unsworn fabsification to aurhorilieN.
.... / --
'Y ..,. -it' _:,~>.J --.:/V . _.____
Da: .;,r.'~ PlahUiff or Dere~~'" D--
S.rvi<:o Type M
YEAR
Page J ofJ
Fonn IN~8
Worker ID 21205
, ,
Exhibit D
WILLIAM tvt
MERCER
.-.---.-.-.---.----.--.--.-. ---.. --. -.-.
May 8, 200 I
CONFIDENTIAL
Mr. Michael J. Morrow
The Patriot-News Co.
812 Market Street
Harrisburg, Pennsylvania 17105
Dear Mike:
As requested. we have determined the present value of the benefit !VIr. R. Michael Mills
accrued under The Patriot-News Co. provisions of the Advance Pension Plan from
August 10,1984 (Date of Participation) through January I, 1996 and from
August 10. 1984 through May 1.2001. Our determination was based on the following
information:
Name:
Social Security Number:
Date of Birth:
Monthly Accrued Benefit as of
January I. 1996, payable at age 65:
Commencement Date:
Present Value as of January 1, 1996:
Monthly Accrued Benefit as of
May 1,2001, payable at age 65:
Commencement Date:
Present Value as of May 1,2001:
R. Michael Mills
314-44-3166
January 31,1943
$536.30
February 1,2008
$19,069.33
S I ,063.04
February 1, 2008
$59,186.24
The amounts shown above are the benefits accrued by Mr. Mills during the indicated time
period.
Each present value was detennined using the plan's definition of actuarial equivalence
(based on the 1971 Group Annuity Mortality Table weighted 70% male and 30% female
and an interest rate of8%).
William M. Mercer. Jncorpcr:H.~~i
3-:"00 Georgia-Pacific CenU~r
133 Peachtree Streer. NE
~[tanra. GA 30303
~~cn~ JO..!. ::2 ~ ~:G']
..3" r~li'lr:th ~ ~,kl ,~...n."''' ;~,"\n~'~ ~I"
11
~
WllLlAN\ M.
MERCER
Mr. Michael J. Morrow
May S, 200 I
Page Two
These calculations were based on the infonnation provided by The Patriot-News Co. and
the plan document in effect as of each calculation date. Before using these calculations,
please verify the data used is accurate and that there are no other company policies.
procedures, or interpretations which would affect these calculations.
Please call if there are any questions.
Sincerely,
~~"
Lisa B. Warner
Copy: Bill Brissette
g:'.db\nhg\ 14\wp\m~lsrm.dOC
. .
. THE PATRIOT-NEWS CO. PENSION STATEMENT
'.. !'I1.~;:~g~I,.~.~~r~,;';:;:':'/"..'j::.t)~,ji~l;~~:;,~:,,:';{\t'1.!j~i}~~;;t;~,~~~Ii~)i~~~~~;j
'SPEeIF.lCALLY;FOR'J:r..,..",...,. ....'''''':,.....,l,'.,'\o\!i,..".,2.:i!,'.''~RMA~ UOF JANUARY; 1-.2000"
"'. . ". ";:.:;!i::".. ::. h::::;';' ,. :." r. ,>:- ::'. .~.::~:'~ :<:i~;:~:':':'.~:;:.) \".,:. ::':\:\~:::(:"1j.:~/;~'.::~;'.;!~/'!'~ff '~"":'-':f;,':~r:: t .,::';.::";;11:';.;", ::~~~,,:'.~k" :':".' .",. :.:~,;.: :':iit::.:i .:~::.. .: ...~.,... ;".i.;'
Mills, R. Michael Birth Date: 01/31/1943
Hire Date: 02110/1983
Social Security No. 314-44-3166 Participation Date: 08/10/1984
Circulation Annual Earnings: $55,276
.. ...... ..... ... ,....., .....,...,...."......"..,.'y..... . ."".'.. .......".,.......,.."...".,..."~"~ll""'..:>."'.:.,:~f.'.~..:...
YOUR'PERSONALSTATEMENT,QF\RETIREMENl::BENEmsL". : ,,,"'. ;;:, ...::!t~!!:i~;~1i~~R'~J'::~'
. . ...." ." ..,............ ...".. -.". .."...... ."' .
In order to prepare this statement, we assumed that: (I) you will continue to work with The Patriot-News Co. until
you retire; (2) you will retire at your normal retirement date; and, (3) your pay will not change (an assumption
which was necessary for actuarial purposes, but which, as you know, is not what we anticipate with respect to
your pay). By using these assumptions. you can get a good idea of how much retirement income to expect in
terms oftoday's dollars.
The actual benefits you receive at retirement will vary. of course, depending on any future pay increases and your
retirement date.
....Y6UR:RET~INCOi\ij::~':i~:i;~~;.;;:,:;~:~1:i:i~.~.~~~:_~J~~~~~;~1~~1:\~~f~~!~:~~:\':.:.::.};.~\\!;;..
Based on the assumptions described above, if you decide to retire on your normal retirement
date of January 31, 2008, your estimated monthly Retirement Plan benefit would be: $ 1,555
Social Security could provide an additional monthly benefit. Under current law, the
amount of this benefit is estimated to be: $ 1,366
-
Your total estimated monthly retirement income would be: $ 2,921
;..YoUi~ictnW:NT.'siATUS..\i~~~1:;'r*-W~;:\;~i,~:~~\,S",:.;.'."f,~;;~'~~~:%~~'~;ij~;~~~;,:;~~~j!\;~~T;\~f}6;~;~,::.
The Patriot-News Co. credits you with a portion of your benefit for each year that you work. This is called your
accrued benefit. Once you complete 5 years of service, you become vested and have a permanent right to the
benefits you've earned. Then, if you leave the Company before retirement, your vested accrued benefit will be
paid to you, starting at your nonnal retirement date.
As of January I, 2000, your monthly accrued benefit was approximately $954.
You are vested in this benefit.
Please see the back of this statemeot for other importaot ioformatioo.
YOUR PATRIOT-NEWS CO. PENSION
1/99
PLANNING FOR RETIREMENT
Our retirement years can be among the most enjoyable ones for us. The number of alternatives
open to us in the future has never been greater - but it is important to plan ahead. Successful
retirement means being happy in what we do after we stop working and having enough money
to live on, and both require planning.
As you look ahead to your retirement, you can look to the following sources for the money that
you will need.
Your Company Pension
The Company Pension Plan provides a monthly income payable upon your retirement
from active work with the Company. The Company pays the full cost by contributing
to the Plan's trust fund. You make no contribution to the Plan.
The Plan is known as a "dermed benefit plan" which means that your benefits are
calculated using a specific formula.
Your Company 4OHk) Plan
The Company 401(k) Plan allows you to save for your retirement by setting aside each
year on a before-tax basis a portion of your current salary, Your contributions.
Company contributions and any earnings grow in the 401(k) Plan on a tax-deferred
basis until they are withdrawn by you.
Your Social Security Benefits
You and the Company both contribute the same amount for your Social Security
benefits. Eligibility for full benefits depends on your date of birth. but benefits can be
payable as early as age 62 in a reduced amount. Also, if you retire at age 65 and your
spouse is at least age 62. your spouse may receive an additional benefit. If you would
like to know when full benefits will be available. contact Social Security or the Human
Resources Department.
Your Own Personal Savinl!:s
Another step towards "financial security" is to save regularly for your retirement years.
We encourage you to include regular savings as part of your retirement planning.
WHEN YOU BECOME A PARTICIPANT
If you were a Participant in the Plan as of December 31. 1998. then you will continue as a
Participant as of January 1. 1999, if you are employed with the Company on that date.
1
Otherwise, you become a Participant in the Plan on either the January 1st after you reach age
18 and complete one "Year of Service" Q! six months after you become 18 and complete one
Year of Service - whichever is earlier.
A Year of Service is earned once you have worked for the Company for twelve consecutive
months during which you earned at least 1.000 Service Hours. The twelve consecutive month
period may be the twelve months that began when you were hired or any Plan Year (January 1
- December 31) after you were hired.
Service Hours include all hours you worked plus, up to 501. hours for which you are paid and
would have worked during periods of authorized absence. such as vacations. holidays. sick
leave. and jury duty. Service Hours include hours you would have worked during periods of
military leave if you return to work from such leave within the time req~ired by law.
VESTING
After you are a Participant in the Plan, you will be entitled to receive a pension when you
become Vested. In order to be Vested, you must have 5 years of Vesting Service with the
Company. Vested means that you are entitled to a pension benefit at your Normal Retirement
Date. whether or not you are employed by the Company at that time. Any Plan Year you
work after age 18 during which you earn at least 1.000 Service Hours counts as a year of
Vesting Service. You also become automatically Vested on your sixty-fifth birthday. even
with less than 5 years of Vesting Service. if you are employed at that time.
YOUR NORMAL RETIREMENT DATE
Your Normal Retirement Date is the date you become 65, and have completed 5 Years of
Service. Pension payments begin on the first day of the month coinciding with or immediately
foIlowing your retirement.
RETIREMENT INCOME YOU WILL RECEIVE
The amount of your normal retirement pension is based on a formula. The formula is based on
your Years of Credit. your Average Monthly Compensation. your Supplemental Benefit and is
subject to your Minimwn Benefit Amount. These terms are explained below.
1. Your Years of Credit
You earn one Year of Credit (called Service Credits in the official Plan document) for
each Plan Year completed as a Participant from your date of participation to your
retirement date in which you earn at least 1,820 Service Hours. For Supplemental
Benefit purposes. Years of Credit begin to count as of January 1. 1993. If you earn
2
fewer than 1.820 hours but more than 1.000 hours in any Plan Year after you become a
Participant. you will earn a partial Year of Credit. You also will receive a fractional
Year of Credit for the Plan Year in which (1) your participation begins (or in which
you rejoin the Plan after a Break Year). or (2) you terminate employment with the
Company, or (3) retire.
2. Your Average Monthly Compensation
Your Average Monthly Compensation is 1/12 of the sum of your wages. including sales
commissions. bonuses and auto fringe benefits. but excluding overtime. other forms of
taxable fringe benefits and other remuneration. earned from the later of the date you
become a Plan Participant or January 1. 1993. to your retirement date, divided by your
Years of Credit earned during that period. Any calendar year in which you work 12
months but complete less than 1.000 Service Hours is excluded in determining your
Average Monthly Compensation.
3. Your Supplemental Benefit
Your Supplemental Benefit is the larger of (a) $3.00 multiplied by your Years of Credit
earned from January 1. 1993. to your retirement date. or (b) one-tenth of one percent of
your Average Monthly Compensation multiplied by your Years of Credit earned from
January 1, 1993, to your retirement date.
4. Your Minimum Benefit Amount
If you have at least 20 Years of Credit at retirement. you will be guaranteed a minimum
benefit of the greater of (a) $100 a month, or (b) 33-1/3% of your Average Monthly
Compensation. reduced by $45.00. This Minimum Benefit Amount does not apply to
you if you are a highly-paid employee. as defined under IRS rules. Ask your Plan
Administrator Representative for further information.
Pension Formula
The Plan's pension formula is made up of 3 steps:
Step 1: (a) Multiply the first $550 of your Average Monthly Compensation by 1 % (,01).
(b) Subtract $550 from your Average Monthly Compensation and multiply the
balance by 1-1/2% (.0150),
(c) Add the results in (a) and (b) and multiply by your Years of Credit.
Step 2: (a) Multiply $3.00 times your Years of Credit earned from January 1, 1993, to your
retirement date.
3
(b) Multiply 1/10 of 1 % (.001) of your Average Monthly Compensation times your
Years of Credit earned from January 1, 1993, to your retirement date.
(c) The larger of either (a) or (b) is your Supplemental Benefit.
Step 3: Add the results from Steps l(c) and 2(c). If you have less than 20 Years of Credit.
this will be your monthly Nonnal Retirement Pension.
If you have at least 20 Years of Credit. your monthly Nonnal Retirement Pension is
the larger of either:
(a) The sum of Steps l(c) and 2(c); or
(b) $100; or
(c) 1/3 of your Average Monthly Compensation. minus $45,
If you leave the Company before your Normal Retirement Date. this calculation is
adjusted to use your Average Monthly Compensation projected to age 65. generally,
based on your average Compensation for the 10 years (on and after January 1. 1993)
preceding your termination. and the results are multiplied by a fraction equal to your
Years of Credit at termination divided by the Years of Credit you would have earned
at age 65.
EXAMPLES
The following examples illustrate how your monthly Normal Retirement Benefit is calculated.
In these examples. we are assuming that the Participant is retiring at age 65 on
January 1, 1999.
(1) Frank Jones
Frank Jones retires on January 1. 1999. at age 65 with 38 Years of Credit. Frank's date of
participation in the Plan is January 1, 1961.
4
Compensation for years prior to 1993 is not considered under the formula. So, Frank's
Average Monthly Compensation is $3.797, calculated as follows:
Com[leDSlltion
1998
1997
1996
1995
1994
1993
$49, ()()()
47.573
46,187
44,842
43.536
42,268
$237.406 + 6 + 12 = $3,797
Frank's monthly Normal Retirement Benefit is $2,082.76 and is calculated as follows:
Step 1: (a) Multiply the first $550 of Frank's Average Monthly Compensation ($3,797) by
1 % (.01).
$550 x .01 = $5.50
(b) Subtract $550 from Frank's Average Monthly Compensation ($3.797) and
multiply the balance by 1-1/2% (,0150).
$3.797 - 550 = $3.247
$3,247 x .0150 = $48.71
(c) Add the results in (a) and (b) and multiply by Frank's Years of Credit (38).
$5.50 + 48.71 = $54.21
$54.21 x 38 = $2,059.98
Step 2: (a) Multiply $3.00 times Frank's Years of Credit beginning on January 1. 1993.
and ending on his retirement date (6).
$3.00 x 6 = $18.00
(b) Multiply 1/10 of 1 % (.001) of Frank's Average Monthly Compensation
($3.797) and multiply the result by Frank's Years of Credit from
January 1. 1993, to his retirement dare (6).
$3.797 x .001 = 3.797
3.797 x 6 = $22.78
(c) $22.78 is Frank's Supplemental Benefit because it is the larger of (a) or (b).
5
Step 3: Add the results from Step l(c) ($2.059.98) and Step 2(c) ($22.78) to determine
Frank's monthly Normal Retirement Benefit amount.
$2.059.98 + 22.78 = $2.082.76
$2.082.76 is Frank's Monthly Normal Retirement Benefit since it is greater than his Minimum
Benefit Amount (the greater of $100 a month or 33-113% of his Average Monthly
Compensation. less $45 (.3333 x $3,797 = $1.265.54 - 45 = $1,220.54).
(2) Patricia Green
Patricia Green retires on January 1. 1999. at age 65 with 17 Years of Credit. Patricia's date of
participation in the Plan is January 1. 1982.
Compensation for years prior to 1993 is not considered, so Patricia's Average Monthly
Compensation is $2.795. calculated as follows:
Compensation
1998
1997
1996
1995
1994
1993
$36.071
35,020
34,000
33.010
32.049
31,116
$201,266 + 6 + 12 = $2,795
Patricia's monthly Normal Retirement Benefit is $684.06 and is calculated as follows:
Step 1: (a) Multiply the first $550 of Patricia's Average Monthly Compensation ($2.795)
by 1 % (.01).
$550 x ,01 = $5.50
(b) Subtract $550 from Patricia's Average Monthly Compensation ($2.795) and
multiply the balance by 1-112% (.0150).
$2,795 - 550 = $2.245
$2,245 x .0150 = $33.68
6
(c) Add the results in (a) and (b) and multiply by Patricia's Years of Credit.
$5.50 + 33.68 = $39.18
$39.18 x 17 = $666.06
Step 2: (a) Multiply $3.00 times Patricia's Years of Credit beginning on January 1, 1993,
and ending on her retirement date (6).
$3.00 x 6 = $18.00
(b) Multiply 1/10 of 1 % (.001) of Patricia's Average Monthly Compensation
($2.795) and multiply the result by Patricia's Years of Credit from January I.
1993. to her retirement date (6).
$2,795 x ,001 = 2.795
2.795 x 6 = $16.77
(c) $18.00 is Patricia's Supplemental Benefit because it is the larger of (a) or (b).
Step 3: Add the results in Step l(c) ($666.06) and Step 2(c) ($18.00) to determine Patricia's
monthly Normal Retirement Benefit amount.
$666.06 + 18.00 = $684.06
The Minimum Benefit Amount calculation does not apply to Patricia since she has less than 20
Years of Credit at the time of her retirement.
BREAK IN SERVICE
You will not earn Years of Credit or Vesting Service in any Plan Year in which you earn less
than 501 Service Hours. These years are called Break Years.
However. merely because you have a Break Year does not mean that you will lose prior
service. You will only lose prior Years of Credit and Vesting Service if you are not Vested.
and the number of consecutive Break Years equals or exceeds five or the number of your pre-
break Years of Service. whichever is larger.
EARLY RETIREMENT
You can also retire at any time from age 62 to 65 and still get a monthly benefit for life,
provided you have at least 5 Years of Service.
7
The Early Retirement Pension You Will Receive
Your Early Retirement Pension is calculated in the same way as your Normal Retirement
Pension. but the amount is then reduced by 4% (.04) for each year that your Early Retirement
Date precedes your Normal Retirement Date, Your Early Retirement Pension is smaller than
your Normal Retirement Pension at age 65 because:
· benefits are earned for fewer years -- to the date of Early Retirement instead of age
65; and
· pension payments are made to you over a longer period of time -- the additional
years of payment from your Early Retirement Date to your Normal Retirement
Date.
LATE RETIREMENT
If you continue working beyond your Normal Retirement Date, your benefit generally is not
payable until you actUally do retire. However. if you reach age 70'12 in 1997 or any
subsequent year, you have the option of either electing to begin receiving your benefit
payments on April I of the year after the year in which you reach age 70'12 or electing to defer
your benefit payments until you actually retire, Similar election options are also available if
you reached age 70'12 before 1988. If you reached age 70'12 after 1987 but before 1997. your
benefit payments will begin no later than April I of the year after the year in which you
reached age 70'12. even if you are still employed by the Company at that time.
The Late Retirement Pension You Will Receive
Your Late Retirement Pension will be calculated in the same way as your Normal Retirement
Pension based on your Years of Credit. your Average Monthly Compensation and your
Supplemental Benefit at the date you actually do retire. Your monthly pension amount for a
panicular Plan Year will be based on the same factors mentioned above and calculated on the
first day of the month immediately prior to the first monthly pension payment for that Plan
Year. However. any benefits you receive while actively employed after reaching age 70'12 will
be applied as an offset against any additional benefit accruals you earn with respect to your
continued employment after reaching age 70'12. If you elect to defer your payments until you
actually retire. then you will receive the greater of the benefit you actually earned while you
worked or an increased benefit figured under a special actuarial formula.
IF YOU LEAVE BEFORE RETIREMENT
If you leave employment before retirement. and if you are Vested. you will be eligible for a
Deferred Vested Pension at age 65, However, you may elect to start receiving your pension
8
payments on the first day of any month after your 6200 birthday. provided you had completed
at least 5 Years of Service prior to your termination of employment. If you make this election,
the amount of your pension will be reduced as described in the Early Retirement section above.
The Deferred Vested Pension You Will Receive
Your Deferred Vested Pension is calculated based upon your Years of Credit, your Average
Monthly Compensation and your Supplemental Benefit at the time you terminate employment.
In other words, your Deferred Vested Pension generally is your accrued benefit earned as of
the date you leave the Company.
RETURNING TO WORK AFl'ER RETIREMENT
If you are reemployed by the Company following retirement. your pension payments will be
suspended during each month you complete 40 or more Service Hours. When you stop
working more than 40 hours per month. your pension will recommence on the first day of the
following month. However, if you were over age 701h after 1987 but before 1997 and you are
working 40 or more hours per month for the Company after April I of the year after the year
in which you reached age 70lh. your pension payments will not be suspended. If you reach
age 701h in 1997 or any subsequent year and you are working 40 or more hours per month for
the Company after April I of the year after the year in which you reach age 70lh. you can
elect either to suspend your pension payments until you stop working 40 or more hours per
month or to continue to receive your pension payment while you are still working.
PRE-RETIREMENT SPOUSE BENEFlT
If you (1) die after age 65, or (2) have at least 5 years of Vesting Service and die between the
ages of 62 and 65. or (3) have at least 10 years of Vesting Service and die after age 55, the
Plan will automatically provide your spouse (if you have been married for at least one year)
with a 50% Surviving Spouse Pension, which is explained below, Payments will be reduced,
as described in the Early Retirement section above, and will begin on the first of the month
following the date of your death.
If you have at least 5 years of Vesting Service and die before reaching age 62. your spouse (if
you have been married for at least one year) will receive a 50% Surviving Spouse Pension.
Payments will be reduced. as described in the Early Retirement section above, and will begin
on the first of the month following the date you would have reached age 62.
9
HOW YOUR PENSION IS PAID
If You Are Single
The normal form of retirement income under the Plan is a monthly payment during your
lifetime which stops when you die. This is known as a Straight-Life Annuity. The examples
in this booklet are based on the Straight-Life Annuity form of payment.
If You Are Married
If you retire on a normal. early or late retirement pension and have a spouse (if you have been
married for at least one year) living at the time your pension begins, your pension will
automatically be paid in the form of a 50% Surviving Spouse Pension. Under this form of
payment, the Straight-Life Annuity is reduced to enable a pension to be paid to your spouse
after your death. The amount of the reduction is based upon the age of your spouse on the date
you begin to receive a pension. The reduced payment is made to you for your lifetime and, if
your spouse survives you. he or she receives 50% of your reduced pension for his or her
lifetime.
However, if you are married and do not want this form of payment. you can elect to receive
your pension as a Straight-Life Annuity by completing a written election signed by you and
your spouse and witnessed by a notary public. The Plan Administrator Representative will
provide the necessary information in sufficient time for you to make an election. and you may
ask for more information if needed. Also, you may revoke any previous election and make a
new election at any time before you begin receiving benefits. The revocation and new election
must also be signed by you and your spouse and witnessed by a notary public, unless you elect
the 50% Surviving Spouse Pension. Please note that if you elect the Straight-Life Annuity no
payments are made to a surviving spouse.
LUMP SUM PAYMENT
If the value of your pension benefit. as determined by an actuary. is $5,000 or less, the benefit
will be paid as one lump sum. Similarly. this will be how payment will be made to your
spouse if he or she is entitled to a Pre-Retirement Spouse Pension whose value is $5.000 or
less.
You may elect to have your lump sum distribution directly rolled over into an IRA or. if
permitted. your new employer's qualified retirement plan. You will receive more detailed
information about your rollover options at the time of your distribution.
10
.
WHAT SOCIAL SECURITY ADDS
Social Security is paid in addition to the benefits under this Plan. While you work. you and
the Company each make contributions to Social Security based on your earnings.
PART-TIME EMPLOYEES
All provisions of the Plan are applicable to part-time employees. including the requirement that
employees work 1.820 Service Hours in a year before receiving one Year of Credit. However,
part-time employees who work more than 1,000 Service Hours in a year will receive a pro-rata
Year of Credit. Part-time employees with any questions concerning their Years of Service or
Years of Credit should contact the Plan Administrator Representative.
FORMER EMPLOYEES
The Plan provisions described in this booklet do not apply to former employees of the
Company who retired or otherwise terminated their employment with the Company before
January 1, 1999. Those rights are determined by the terms of the Plan in effect on the date of
termination of employment.
OTHER INFORMATION YOU SHOULD KNOW
Employer
The Company's address is The Patriot-News. 812 Market Street. Harrisburg. Pennsylvania
17101. The Company's telephone number is (717) 255-8100, The Company's tax
identification number is 23-1304402.
Plan Identification
For federal government purposes. the Plan is classified as a trusteed defmed benefit pension
plan. Records are kept on the basis of the Plan Year. which is the calendar year. The Plan is
identified for federal government purposes as:
Name of Plan
Plan Number
Advance Pension Plan
004
Plan Soonsor's Tax IdentificatIon Number
13-5576716
11
(The Plan sponsor is Advance Publications, Inc., 950 Fingerboard Road, Staten Island, New
York 10305; a complete list of participating employers is available for examination at the Plan
Administrator Representative's office and a copy may be obtained by written request to the
Plan Administrator Representative.)
Plan Adminictration
Your pension is administered locally by a Plan Administrator Representative appointed by the
Board of Directors of the Company. The Plan Administrator Representative authorizes
pension payments, resolves questions, and tries to make sure the Plan is fair to all.
Inquiries to the Plan Administrator Representative should be directed to:
Mr. Frank J. Epler
The Patriot-News
812 Market Street
Harrisburg, Pennsylvania 17101
(717) 255-8100
Claims Procedure
Applyinl!: for Benefits
In order to receive a Plan benefit you must complete and file a written application with the
Plan Administrator Representative. Application forms are available from the Plan
Administrator Representative. You will be asked to furnish information such as your age,
marital status and present address. Your application for benefits will be processed when the
Plan Administrator Representative receives this information. If your application is missing
information, the Plan Administrator Representative will notify you within 45 days. You will
have at least 180 days to then complete and file your application. It is your responsibility to
inform the Plan Administrator Representative of any changes in your mailing address in order
to ensure that your benefit checks will reach you.
Notice of Benefit Determination
Within 90 days of receiving your complete application, the Plan Administrator Representative
will tell you whether your application is approved. In special circumstances the Plan
Administrator Representative may require an extension of time for review of your application
and benefit determination, in which case, a written notice explaining the reasons for the delay
and the date by which he expects to make your benefit determination will be given to you
before the end of the 90-day period. If the Plan Administrator Representative approves your
application, you will receive a Notice of your Benefit Determination. If it is not approved, the
Plan Administrator Representative will provide you with a notice explaining why, referring
you to the applicable provisions of the Plan (including any internal rules or guidelines) on
which the determination is based, informing you of when and where you may examine this
12
information, describing the Plan's review procedures, and telling you how you can get a
reconsideration of his decision.
Appeal
Within the 60 days following receipt of the Notice of Benefit Determination . you or your
representative may file an appeal with the Plan Administrator Representative requesting a
reconsideration of your application. The review of your benefit determination will be made
by a Plan fiduciary who was not involved in the initial determination. You should receive
written notice of the final decision within 60 days after your request is received by the Plan
Administrator Representative. If the Plan Administrator Representative requires more time to
review the appeal because of unusual circumstances, you will be notified. This notice will
explain your rights to have access to and to review Plan documents and records concerning
your benefit determination and to provide the Plan Administrator Representative with
additional information. This notice will also describe the Plan review procedures and your
right to bring civil action under ERISA.
Financing
The Company pays the entire cost of your pension through periodic actuarially-detennined
contributions to the pension plan trust fund. The funds are held and invested by the Plan's
Trustee, Chase Manhattan Bank, N.A., 4 New York Plaza - 2nd Floor, New York, New York
10004.
Maximum Pensions
Compensation for Plan calculation purposes is limited by the ms to an annual maximum
(adjusted by the ms for cost-of-living changes). For 1999, this limit is $160,000. Federal
regulations require every plan to include provisions concerning maximum pensions. Inquiries
in this regard should be directed to the Plan Administrator Representative.
Top-Heavy Plans
A top-heavy plan is a plan under which key employees receive a certain percentage of benefits
under the plan (the percentage is fixed by the IRS) which is greater than the percentage
received by all other employees. This Plan is not top-heavy; however, federal regulations
require every plan to include provisions concerning top-heavy plans. If the Plan becomes top-
heavy in any Plan Year, (1) a minimum retirement benefit may be provided and (2) the vesting
provisions would be changed as follows:
Years or
Vestinll Service
Vesting
Percentalle
Less than 3
3 or more
0%
100%
13
Qualified Domestic Relations Orders
If your interest in the Plan becomes subject to a qualified domestic relations order, all or a
ponion of your Plan benefits may be applied to satisfy the obligations under such order.
Generally, a qualified domestic relations order is any judgment, decree or order under state
domestic relations law which provides for child suppon, alimony, or marital propeny
settlement with respect to a spouse, child or other dependent of a Panicipant. The Plan
Administrator Representative has established procedures to determine the qualified status of
any domestic relations order he receives. You can obtain a copy of these procedures from the
Plan Administrator Representative without charge.
Permanence
Although the Plan is intended to be permanent, the right to amend or terminate the Plan at any
time has been reserved by the Plan sponsor, Advance Publications, Inc. Other panicipating
employers have no right to amend or terminate the Plan. However, each panicipating
employer has the right at any time to withdraw from Plan panicipation with respect to its
employees. Legal counsel for the Plan sponsor is authorized to amend the Plan solely to
comply with changes in the law or as required by the Internal Revenue Service in connection
with obtaining a favorable determination letter with respect to the Plan's qualified status. A
decision to amend or terminate the Plan might result from a change in law or any other reason.
No amendment to the Plan, however, can cause any reduction in the accrued pension of any
Participant or the elimination or reduction of cenain protected benefits (such as early
retirement benefits and optional forms of benefit payment) with respect to accrued pensions as
of the later of the adoption date or effective date of the amendment.
The Plan document includes specific provisions as to how the money in the trust fund must be
used for the benefit ofpanicipating employees and their spouses. It cannot be returned to the
Company or any other panicipating employer unless there is more than enough to pay all
accrued pensions. If the Plan is completely terminated, accruals of additional benefits under
the Plan will stop. Benefits already earned under the Plan for Participants actively employed
with the Company at the time of the termination, to the extent then funded, will become fully
vested. The assets of the Plan will be allocated in accordance with the Pension Benefit
Guaranty Corporation's rules to pay such earned benefits, as discussed below. If excess assets
remain after all of the Plan's liabilities for such earned benefits are satisfied, those excess
assets will be returned to the Company.
Termination Insurance
Your pension benefits under this Plan are insured by the Pension Benefit Guaranty Corporation
(PBGC), a federal insurance agency. If the Plan terminates (ends) without enough money to
pay all benefits, the PBGC will step in to pay pension benefits. Most people receive all of the
pension benefits they would have received under their plan, but some people may lose certain
benefits .
14
The PBGC guarantee generally covers: (1) normal and early retirement benefits; (2) disability
benefits if you become disabled before the plan terminates; and (3) cenain benefits for your
survivors.
The PBGC guarantee generally does not cover: (I) benefits greater than the maximum
guaranteed amount set by law for the year in which the plan terminates; (2) some or all of
benefit increases and new benefits based on plan provisions that have been in place for fewer
than 5 years at the time the plan terminates; (3) benefits that are not vested because you have
not worked long enough for the company; (4) benefits for which you have not met all of the
requirements at the time the plan terminates; (5) cenain early retirement payments (such as
supplemental benefits that stop when you become eligible for Social Security) that result in an
early retirement monthly benefit greater than your monthly benefit at the plan's normal
retirement age; and (6) non-pension benefits, such as health insurance, life insurance, certain
death benefits, vacation pay, and severance pay.
Even if certain of your benefits are not guaranteed, you may still receive some of those
benefits from the PBGC depending on how much money your plan has and on how much the
PBGC collects from employers.
For more information about the PBGC and the benefits it guarantees, ask your Plan
Administrator Representative or contact the PBGC's Technical Assistance Division, 1200 K
Street, N.W., Suite 930, Washington, D.C. 20005-4026 or call 202-326-4000 (not a toll-free
number). ITYITDD users may call the federal relay service toll-free at 1-800-877-8339 and
ask to be connected to 202-326-4000. Additional information about the PBGC's pension
insurance program is available through the PBGC's website on the Internet at
bttp://www.pbgc.gov.
Agent for Service of Legal Process
The Plan Administrator Representative is the agent for service of any legal process against the
Plan. Service of legal process also may be made upon the Trustee.
Further Information
This booklet describes highlights of the Plan. Full details are contained in the official Plan and
Trust documents which govern and control all rights and benefits in case of any conflict with
the explanation given in this booklet. Some terminology in the booklet differs from that in the
Plan document. For example, in the official Plan document, Years of Credit are referred to as
Service Credits. If you would like to examine the documents or ask any questions about the
Plan or your benefit rights, please address your inquiry to the Plan Administrator
Representative.
15
, .
STATEMENT OF ERISA RIGHTS
The following statement of ERISA rights is required to be included by law. Please understand
that the Company is required to use the words contained in the regulations. By presenting this
required statement, the Company does not want to suggest that to be treated fairly and obtain
proper representation, you must take legal action or seek aid from any governmental agency.
You, of course, have that right. However, the Company would like you to remember that it
would like to help you with any problems you may have concerning your pension just as it
wanted to provide you with these benefits in the first place. The Company hopes you will
come to us first with any problems that might arise.
As a Panicipant in the Advance Pension Plan you are entitled to certain rights and protections
under the Employee Retirement Income Security Act of 1974 (ERISA), which provides that all
Plan Panicipants shall be entitled to:
Examine, without charge, at the Plan Administrator Representative's office, all
documents governing the Plan and a copy of the latest annual repon (Form 5500
Series) filed by the Plan with the U.S. Depanment of Labor.
Obtain, upon written request to the Plan Admini~trator Representative, copies of
documents governing the operation of the Plan and copies of the latest annual
repon (Form 5500 Series) and updated summary plan description. The
administrator may make a reasonable charge for the copies.
Receive a summary of the Plan's annual financial repon. The Plan
Administrator Representative is required by law to furnish each Participant with
a copy of this summary annual repon.
Obtain a statement telling you whether you have a right to receive a pension at
your normal retirement age (age 65 and 5 Years of Service) and if so, what your
benefits would be at normal retirement age if you stop working under the Plan
now. If you do not have a right to a pension, the statement will tell you how
many more years you have to work to get a right to a pension. This statement
must be requested in writing and is not required to be given more than once
every twelve (12) months. The Plan must provide the statement free of charge.
In addition to creating rights for plan participants, ERISA imposes duties upon the people who
are responsible for the operation of the employee benefit plan. The people who operate your
plan, called "fiduciaries n of the plan, have a duty to do so prudently and in the interest of you
and other plan panicipants and beneficiaries. No one, including your employer, or any other
person, may fire you or otherwise discriminate against you in any way to prevent you from
obtaining a pension benefit or exercising your rights under ERISA. If your claim for a pension
benefit is denied in whole or in pan you must receive a written explanation of the reason for
the denial. You have the right to have the Plan review and reconsider your claim. Under
ERISA, there are steps you can take to enforce the above rights. For instance, if you request
16
materials from the Plan and do not receive them within 30 days, you may file suit in a Federal
coun. In such a case, the conn may require the Plan Administrator Representative to provide
the materials and pay you up to $110 a day until you receive the materials, unless the materials
were not sent because of reasons beyond the control of the administrator. If you have a claim
for benefits which is denied or ignored, in whole or in pan, you may file suit in a state or
Federal conn. In addition, if you disagree with the Plan's decision or lack thereof concerning
the qualified status of a domestic relations order, you may file suit in Federal conn. If it
should happen that Plan fiduciaries misuse the Plan's money, or if you are discriminated
against for assening your rights, you may seek assistance from the U.S. Department of Labor,
or you may file suit in a Federal court. The conn will decide who should pay coun costs and
legal fees. If you are successful the coun may order the person you have sued to pay these
costs and fees. If you lose, the coun may order you to pay these costs and fees, for example,
if it finds that your claim is frivolous.
If you have any questions about your Plan, you should contact the Plan Administrator
Representative. If you have any questions about this statement or about your rights under
ERISA, you should contact the nearest office of the Pension and Welfare Benefits
Administration, U.S. Department of Labor, listed in your telephone directory or the Division
of Technical Assistance and Inquiries, Pension and Welfare Benefits Administration, U.S.
Department of Labor, 200 Constitution Avenue N.W., Washington, D.C. 20210.
We hope this document has provided you with the information you need about your pension,
which was implemented many years ago by our Company for the benefit of you and your
family. However, it is impossible to answer all of your questions, so as matters come up
which can be confusing, or specific questions are developed, please do not hesitate to see your
Plan Administrator Representative.
21686
17
SAlOIS
SHUFF, FLOWER
& LINDSAY
A~YS-^T-UW
26 W. Hllh 51...1
Carll.... PA
(P/~/O~~
R. MICHAEL MILLS,
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 01 - 3314 CIVIL TERM
Plaintiff
VB.
LINDA L. MILLS,
Defendant : IN DIVORCE
PLAINT/FPS PRE-TRIAL STATEMENT
INTRODUCTION:
The Parties hereto were married on October 5, 1974. The Master has
determined that they separated in January, 1996. Plaintiff, R. Michael Mills, hereinafter
Husband, is employed by the Patriot News at approximately $60,000.00 a year.
Husband is 59 years old. Wife has been unemployed throughout the parties' marriage
except for two years when she was a cieri< at Hills Department Store, and she suffers
from severe depression and anxiety for which she has been treated through most of
the marriage. The parties have no real estate or much property to speak of except for
Husband's pension. During the parties' marriage, there was significant marital
misconduct on the part of Husband. Wife has been unable to pay anything toward her
attorneys' fees. Husband has significant non-marital assets.
I. MARITAL ASSETS
The discovery collected to date has not provided date of separation values for
any asset except for a monthly pension benefit. So far as Wife knows as of this
writing, the marital estate consists of the following:
A. A 1991 Chevrolet Blazer
B. Two PNC Bank accounts.
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATI'ORNEYS.AT.UW
26 W. High 51reet
Carlisi., PA
Wife has served on Husband a Request for Production of Documents in an attempt to
learn the January 1996 values of any marital property.
/I. NON-MARITAL ASSETS
Husband claims approximately $250,000.00 inheritance from a non-marital
Trust for which he is a beneficiary. No documentation has been provided by Husband
for the claim of Husband's interest in the Trust.
/II. EXPERT WliNESSES
Wife has been treated for her depression and anxiety by her family doctor. Wife
reserves the right to present the testimony of the family doctor or such other expert as
she may require to testify as to her ability to earn income.
Wife also reserves the right to present the testimony of an actuary as to the value of
Husband's pension.
IV. LA Y WITNESSES
Wife will testify on her own behalf not only to her eaming capacity and her
emotional state, but also to Husband's beatings in the course of the marriage and the
sexual abuse of her daughter by Husband during the marriage.
Respectfully submitted,
By
SAlOIS
SHUFF, FLOWER
& IJNDSAY
ATrOIfoEYS-A'NAW
26 W. Hlsh SlreeI
Carll..., PA
R. MICHAEL MILLS,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION. LAW
: NO. 01 - 3314 CIVIL TERM
Plaintiff
vs.
LINDA L. MILLS,
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
O h '"l/'< /..J.... /]
AN now, t is ~ day of '--.I .'-"IA-
U
2002, I, Carol J. Lindsay, Esquire, of the law firm of SAlOIS, SHUFF, FLOWER &
LINDSAY, Attomeys, hereby certify that I served the within Plaintiff's Pre-Trial
Statement this day by depositing same in the United States Mail, First Class, Postage
Prepaid, in Carlisle, Pennsylvania, addressed to:
Samuel L. Andes
525 North Twelfth Street
P. O. Box 168
Lemoyne, PA 17043
SAlOIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
~ ~WrLt~ .0
Carol J. Lindsay,ltsquire
I D# 44693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
II
R. MICHAEL MillS,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVil ACTION - lAW
NO. 01-3314 CIVil TERM
LINDA L. MillS,
Defendant
IN DIVORCE
PLAINTIFF'S RESPONSE TO PETITION OF
CAROL J. LINDSAY, ESQUIRE. TO WITHDRAW AS COUNSEL
AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and
makes the following response to the Petition of Carol J. Lindsay, Esquire, in this matter:
1. Plaintiff does not desire to intrude into the dispute between the Defendant and
Ms. Lindsay and will not, therefore, take any position regarding the reasons for Ms.
Lindsay's request for leave to withdraw as Defendant's counsel.
2. Plaintiff is, however, concerned about the delay in this case which may result
from the court granting Ms. Lindsay leave to withdraw as counsel. This matter has been
before the Master for more than a year and the Master has already determined, following
a hearing, that the parties separated since 1996. Plaintiff is currently paying a substantial
amount each month to the Defendant, as alimony pendente lite, and Defendant has made
little or no effort to become financially independent, through employment or otherwise,
since the separation of the parties.
3. The matter is currently scheduled for a hearing before the Master to resolve all
of the economic issues and conclude the divorce litigation. That hearing is scheduled for
2B January 2003.
4. The proceedings in this matter have been delayed by postponements and
continuances previously.
II
:1
5. Plaintiff will be severely prejudiced if the Master's hearing now scheduled for 28
I January 2003 is postponed or delayed.
WHEREFORE, Plaintiff prays this court to direct that the Master's hearing now
scheduled for 28 January 2003 continue as scheduled, without postponement or delay,
whether Carol J. Lindsay, Esquire, is granted leave to withdraw as Defendant's counselor
not.
~a
Attorney for Plaintiff
Supreme Court ID # 1 7225
525 North 12th Street
Lemoyne, Pa 1 7043
(717) 761-5361
II
!
.1
VERIFICATION
I verify that the statements made in this Response are true and correct. I
understand that any false statements in this Response are subject to the penalties of 18
Pa. C.S. 4904 (unsworn falsification to authorities).
Date: I::) \ ,:-.'; lOiJ...
~~~~~(1
e . An e
II
CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing Response upon the
following persons, herein by regular mail, postage prepaid, addressed as follows:
Carol J. Lindsay, Esquire
26 West High Street
Carlisle, Pa 17013
Linda L. Mills
17 Hemlock Drive
Mechanicsburg, PA 17055
Date:
J oj 1d./lJ;)...
~~.lt/aA&w
Secretary for Samuel L. Andes
.
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SAIDlS
SHUFF, FLOWER
& LINDSAY
A~AMAW
Z6 W. Hllh SIn!l!I
Collllle. PA
I'
R. MICHAEL MILLS,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION. LAW
: NO. 01.3314 CIVIL TERM
Plaintiff
VB.
LINDA L. MILLS,
Defendant : IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Pursuant to the Court's Order of December 31, 2002, please withdraw my
appearance for Linda L. Mills, Defendant.
SAIDIS, SHUFF, FLOWER & LINDSAY
By:
. ~.
. . . .
. .
. i..-
. 1 ;
-' . "" ...-:
{it. {C-. t . "'-.a~
Carol J.I-indsay, Es uire
10# 44693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
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R. MICHAEL MILLS
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plainti ff
CIVIL ACTION - LAW
".' :~: .
1'!{).OI - 3314
CIV] J,
] 9
LINDA L. MILLS
J ;'~ 1; rV()j~('~::
Defendant
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II
R. MICHAEL MILLS,
Plaintiff
Defendant
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
LINDA L. MILLS,
NO. 01-3314 CIVIL TERM
IN DIVORCE
ORDER OF COURT
~
AND NOW this I \ day of ~, , 2003, upon the Motion of
Plaintiff, and upon the agreement of the parties reache'li before the Master in this matter,
we hereby direct that the Plaintiff shall pay alimony to the Defendant as follows:
A. The alimony will be paid at the rate of $1,300.00 per month
commencing with the first month following the date of the final decree in
divorce. In addition to the monthly payments, Plaintiff shall pay Defendant
$500.00 as alimony on or before the first day of December each year as long
as this order is in effect.
B. The alimony will continue until the death of either party, or until
the remarriage or cohabitation of Defendant, in any of which event the
alimony payments hereunder shall cease.
C. The alimony paid pursuant to this order shall be modifiable upon
Plaintiff's retirement or Plaintiff's disability which prevents him from holding
substantial employment or upon Defendant receiving income or other regular
payments of money of $15,000.00 or more per year, before taxes.
Otherwise, the alimony shall not be subject to modification.
D. The alimony payments required by this order shall be made through
the Domestic Relations Office of Cumberland County which is hereby
directed and authorized to open and administer an account for the collection
and payment of alimony pursuant to this order. W'
---, ..-
. - /
BY THE COURT, _ I
J.
OISTRIBUTION:
Samuel L. Andes. Esquire (Attorney for Plaintiffl
525 Narth 12" Street. Lemavne. PA 17043
i
Linda L. Mills (Pro 88)
17 Hemlock Drive, Mechanicsburg, PA 17065
I
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II
R. MICHAEL MILLS,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
LINDA L. MILLS,
NO. 01-3314 CIVIL TERM
Defendant
IN DIVORCE
MOTION FOR ENTRY OF ALIMONY ORDER
AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and
moves the court for the entry of an order for the payment of alimony, based upon the
fOllowing:
1. The moving party herein is the Plaintiff. The responding party herein is the
Defendant who is not represented in this matter by counsel. Accordingly, Plaintiff files
this motion on behalf of both parties.
2. The parties appeared before the Master on 28 January 2003 at which time they
entered into an agreement to resolve all of the economic issues raised in this action. A
copy of the transcript of the agreement they reached before the Master, and signed that
day, is attached hereto and marked as Exhibit A.
3. Pursuant to Paragraph 3 of the agreement reached by the parties before the
Master, Plaintiff is to pay alimony to Defendant in certain amounts and on certain terms
as set forth in that agreement and in the attached Order.
4. The parties require an order of this court to implement the alimony provisions of
their financial settlement.
WHEREFORE, Plaintiff moves this court to enter an order in the form attached
providing for the payment of alimony by Plaintiff to Defendant through the Domestic
Relations Office.
~~~~
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
"
VERIFICATION
I verify that the statements made in this Motion are true and correct. I understand
I
that any false statements in this Motion are subject to the penalties of 18 Pa. C.S. 4904
(unsworn falsification to authorities).
Date:_Q2/.~ j03
~L..~~
II
CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing Motion upon the Defendant
herein by regular mail, postage prepaid, addressed as follows:
Linda L. Mills
17 Hemlock Drive
Mechanicsburg, PA 17055
Date: 3 February 2003
Amy M. arkins
Secretary for Samuel L. Andes
Exhibit A
."
R. MICHAEL MILLS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
NO. 01 - 3314 CIVIL
LINDA L. MILLS,
Defendant IN DIVORCE
THE MASTER: Today is Tuesday, January 28,
2003.
This is the date set for a Master's hearing in the
above captioned divorce proceedings.
Present in the hearing room is the
Plaintiff's counsel Samuel L. Andes. The Plaintiff is in
another room in our office. Also present is the Defendant,
Linda L. Mills, and Michael Alleman, son-in-law of Linda Mills
and Barbara Alleman, Linda's daughter.
Previously Mrs. Mills was represented by
attorney Carol Lindsay but Ms. Lindsay received the Court's
permission to withdraw from this case.
A complaint in divorce was filed on May 31,
2001, raising grounds for divorce of irretrievable breakdown
of the marriage.
The Master expects that the parties will
sign affidavits of consent and waivers of notice of intention
to request entry of divorce decree today so that the Master's
office can file the affidavits and waivers with the
Prothonotary. The divorce can, therefore, be concluded under
Section 3301(c) of the Domestic Relations Code.
A 3301(d)
was filed on May 23, 2001. There was an issue raised
regarding the date of separation and the Master had a hearing
on that issue on July 3, 2002. After the hearing was
conducted, the Master put on the record his finding that the
separation occurred January 1996.
The economic claims that the Master is
addressing today are equitable distribution, alimony, alimony
pendente lite and counsel fees and expenses.
An agreement is going to be stated on the
record in presence of Mr. Andes, Mrs. Mills and her daughter
and son-in-law. The agreement as stated on the record is
going to be reviewed by Mr. Mills after it has been
transcribed and the parties will be asked to sign the
agreement affirming the terms of settlement as stated on the
record. Mr. Andes has indicated that he has authority to
accept the terms of the agreement as stated on the record as
behalf of his client. The agreement as stated on the record
will be considered the substantive agreement of the parties
and will not be subject to any changes or modifications except
for correction of typographical errors which may be made
during the transcription.
Following receipt by the Master of a
completed agreement, the Master will prepare an order vacating
his appointment and Mr. Andes will then be in a position to
file a praecipe transmitting the record to the Court
requesting a final decree in divorce. Mr. Andes.
.
MR. ANDES: The parties have agreed as
follows:
1. Mr. Mills is a participant in a retirement plan
operated by his employer. The name of the plan is The Patriot
News Company Advance Pension Plan. As of the date of
separation he had accrued benefits in that plan that will pay
him approximately $530.00 per month starting at a commencement
date which we estimate to be in February of 2008. The parties
have agreed that Mr. Mills will pay to his wife, from the
pension benefits when he starts to receive them, the sum of
$268.00 per month continuing as long he receives those
benefits. At this point the parties do not intend to obtain a
QDRO and will divide the pension between them when it reaches
pay status.
2. All other marital property of the parties has been
distributed by them and each of them will retain what few
items of marital property exist and are in their possession.
Husband shall pay to wife within 14 days of the entry of a
final decree in divorce the sum of $4,000.00 in satisfaction
of all further claims for the equitable distribution or
division of marital assets.
3. Husband shall pay alimony to wife as follows:
a) The alimony will be paid at rate of $1,300.00 per
month commencing with the first month following the date of
final decree in divorce. In addition to the monthly
payments, husband shall pay to wife $500.00 as alimony on or
before the first day of December each year hereafter. The
alimony payment shall be made through the Domestic Relations
Office.
b) The alimony will continue until the death of party
or until wife's remarriage or co-habitation, in any of which
events the alimony payment shall cease.
c) The alimony shall be modifiable upon husband's
retirement or disability which prevents him from holding
substantial employment or upon wife receiving income or other
regular payments of money of $15,000.00 per year before taxes.
Otherwise the alimony shall not be subject to modification.
4. All other claims for economic relief, including any
further claims for alimony, equitable distribution, counsel
fees, expenses, or the like are waived and the parties accept
the terms of this agreement as satisfaction of all of their
.
other claims.
5. Except as herein otherwise provided, each party may
dispose of his or her property in any way and each party
hereby waives and relinquishes any and all rights he or she
may now have or hereafter acquire under the present or future
laws of any jurisdiction to share in the property or the
estate of the other as a result of the marital relationship
including without limitation, statutory allowance, widow's
allowance, right of intestacy, right to take against the will
of the other, and right to act as administrator or executor in
the other's estate. Each will at the request of the other
execute, acknowledge, and deliver any and all instruments
which may be necessary or advisable to carry into effect this
mutual waiver and relinquishment of all such interest, rights,
and claims.
MR. ANDES: That is the agreement that the
parties have reached.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend to
bind myself to the settlement as a contract obligating myself
to the terms of settlement and subjecting myself to the
methods and procedures of enforcement which may be imposed by
law and in particular Section 3105 of the Domestic Relations
Code.
WITNESS:
DATE:
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R. MICHAEL MILLS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 01-3314 CIVIL TERM
LINDA L. MILLS,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
o THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a divorce
ecree:
1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c).
2. Date and manner of service of the Complaint: Sheriff service indicates service on 22 June
001 u on Defendant.
3. Complete either Paragraph (a) or (b):
(a) Date of execution of the Affidavit of Consent required by Section 3301 (c)
of the Divorce Code: By Plaintiff: 28 Januarv 2003 By Defendant: 23 Januarv 2003
(b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the
Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit
upon the Respondent:
4. Related claims pending:
None.
5. Complete either (a) or (b):
(a) Date and manner of service of the Notice of Intention to File Praecipe to
Transmit Record, a copy of which is attached:
Ib) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with
the Prothonotary: Dated 28 Januarv 2003 and filed on 28 Januarv 2003. Date
Defendant's Waiver of Notice in Section 3301 Ic) Divorce was filed with the
Prothonotary: Dated 28 Januarv 2003 and filed on 28 Januarv 2003.
ate: 30 January 2003
By
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Attorney for Plaintiff
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R. MICHAEL MILLS
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NO.OI-33l4
CIVIL
19
LINDA 1. MILLS
IN DIVORCE
Defendant
STATUS SHEET
DATE:
ACTIVITIES:
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R. MICHAEL MILLS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 3314 CIVIL
LINDA L. MILLS,
Defendant
IN DIVORCE
TO: Samuel L. Andes
Attorney for Plaintiff
Carol J. Lindsay Attorney for Defendant
DATE: Wednesday, October 10, 2001
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE. OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER. IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
R. MICHAEL MillS,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01 - 3314 CIVil
LINDA l. MillS,
Defendant
IN DIVORCE
(Previously taken was the testimony of R. Michael Mills and
Linda L. Mills)
THE MASTER: The Master has heard the testimony of both
parties in this case regarding the date of separation. After considering the
testimony, the Master is satisfied to find that the parties separated in
January 1996. The Master's reasoning is based on the testimony of both
parties that essentially confirms that they did not have a viable marital
relationship for a considerable period of time. Wife's leaving the bedroom
would constitute the final act of dissolving any type of relationship that the
parties may have had, and her statement in the testimony that she left out
of anger would indicate that she was, at that point, resigned to the final
cessation of all relationships between the parties.
The Master does not find that occasional meals together while
the daughter was home or occasional trips to the grocery store or doctor's
office would constitute a resumption of any kind of marital relationship. In
all respects, the Master believes and finds that the parties had ceased
having any kind of relationship other than the fact that they were living
together under the same roof.
The Master directs that the parties file pretrial statements in
accordance with P.R.C.P. 1920.33(b) on or before Friday, February 15,
2002.
(Whereupon, discussion was held off the record.)
THE MASTER: Ms. Lindsay, would you state on the record
what information it is you need to have to complete your discovery and to
be able to prepare and file a pretrial statement.
MS. LINDSAY: The question takes me back to the extent that
in preparation for today's hearing I did not review the discovery but I will
say the one thing about which I am aware of is that we need to know what
Mr. Mills' non.marital assets are which are comprised, so far as I know,
that he is a beneficiary of his father's trust, and I do not know what the
trust corpus is and furthermore, I do not know what it will become once
they sell the various properties that will be added to the assets to be
divided. So that is the problem and that is very relevant for the reasons
that we spoke about.
THE MASTER: Mr. Andes, may be you ought to address the
availability of that information and if you feel that you can provide it
outside of any direct Court involvement.
MR. ANDES: Well, let me tell you what I know and let me tell
you what I can try to give to Carol fairly quickly. The father died in March
of 2001. He had a living trust which was situate in Florida. The major
assets were, I think, a house - and I do not know whether that house was in
Pennsylvania or Florida - and a farm in Indiana. The farm has been sold
and the proceeds of that sale, to the extent they have been realized, are, I
believe, being held by the trust in Florida. My client's brother is the
trustee. There are obligations that will have to be paid and I do not know
what they are. There may be - for instance, there is going to be, we
believe, a state inheritance tax from Indiana. I do not believe there will be
any state inheritance tax in Florida. I do not know - I do not believe there
will be any federal estate tax but all of that is somehow in the works.
Except for a distribution of $5,000.00 to my client and to his brother who
are the beneficiaries, there have been no other distributions.
2
What I will be able to get probably is some type of an estimate
from someone on behalf of the trust as to what the trust corpus is and
when it may be available. But that is the best that I can do because it is a
trust in flux. It is not finalized.
THE MASTER: Do we know the name of an attorney who is
handling this trust in Florida?
MR. ANDES: My client has the name of an attorney in Florida
who is advising the brother but the attorney is not handling the money.
The brother is the trustee.
THE MASTER: Without any advice from an attorney?
MR. ANDES: No. He is getting advice but the attorney does
not hold the funds.
THE MASTER: I understand that he is not holding the funds
but does the attorney have any information perhaps that he could share
with counsel here to help define the bequest?
MR. ANDES: I think any information that the attorney would
have would be derived from the brother who is the trustee, but between the
attorney and the brother, I can come - I will do my best to get a reasonable
estimate of this. It will only be an estimate because they do not know what
expenses have to be paid. They may not be significant.
MS. LINDSAY: Having done my mom's estate in Florida, I can
say that the accountants are much more heavily involved than attorneys
and that an accountant will surely be involved - there is probably an
accountant in this case - I would ask that you make an inquiry as to who
the accountant for the trust is because that person can also perhaps
provide us information on tax matters as well as - they may have had to file
a return or will have to file a return.
MR. ANDES: The Indiana farm was sold only very recently so
any return, to my knowledge, has not been filed. I asked my client about
3
that just when we met a week or two ago and all he said was that there was
an attorney in Indiana who was working on something that had to be filed.
THE MASTER: Well, let's assume that we only have estimates
and Mr. Andes provides that, how is that going to affect the evidence that
you want to present at a trial or are we perhaps premature in this matter as
far as going ahead because I assume that this non-marital asset is going to
have a significant play into what we do with the alimony claim, for instance,
because it would be a factor that we need to look at.
How do you think it is going to affect are ability to go forward?
MR. ANDES: I do not see how it would stop us. We ought to
be able to get a fairly accurate estimate. You are never going to know the
final distribution until you get the final distribution because final
distributions are constantly a moving target. However, the only way the
final distribution is going to change once we have the input from the people
who are doing this is greater return on the investments. You know, if it is
sitting in an account that earns 6% -
MS. LINDSAY: You know there are things that you could
provide or the accountant or the brother can provide over a verbal estimate.
For instance, we could get the settlement sheet for the sale of the farm.
mean there are some things that could be provided. We could get a
statement of the assets that are in the account -
MR. ANDES: I am not talking about a verbal estimate being
that Mike is going to get $20,000.00. I am talking about a verbal estimate
being that these are the assets that we expect - that are either in the trust
now or these are the assets we expect will be realized, and these are the
expenses that we have been advised that we have to pay and when we
make distribution, we are estimating that the distribution will be X or Y.
MS. LINDSAY: And may be the brother can do it in a form of
an affidavit so that I can rely on it. My problem here is that I am
4
representing a person who knows nothing about the finances here. I need
to be able to rely on it.
MR. ANDES: And it is compacted by the fact that Florida - you
know, the reason these living trusts are created in Florida is to prevent
anyone else from knowing about the assets and liabilities of the trust. Not
only do you not have to file an inheritance tax return in Florida but you do
not have to file an accounting. The whole reason they have these is to
avoid the formality of probating. So it is not like I can say, fine, send me a
copy of an inventory or send me a copy of an inheritance tax return
because those things do not exist. But I certainly can get you a realistic
estimate.
MS. LINDSAY: And documentable to the extent it can be. And
I even offered - if confidentiality is the hot issue here, you know, to the
extent - I would sign a document that said I would not review it with
anybody else.
MR. ANDES: Well, I do not think-
THE MASTER: Now, let's go off the record.
(Whereupon, a discussion was held off the record.)
5
R. MICHAEL MILLS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
NO. 01 - 3314 CIVIL
LINDA L. MILLS,
Defendant
IN DIVORCE
RE:
pre-Hearing Conference Memorandum
DATE:
Wednesday, July 3, 2002
Present for the Plaintiff, R. Michael Mills, is
attorney Samuel L. Andes. and present for the Defendant, Linda
L. Mills, is attorney Carol J. Lindsay.
This action was commenced by the filing of a
divorce complaint on May 31, 2001. raising grounds for divorce
of irretrievable breakdown of the marriage. Although an
affidavit under 330l(d) was filed averring a separation in
January of 1996, the Master requested that counsel consider
having the parties sign affidavits of consent and waivers of
notice of intention to request entry of divorce decree so that
the divorce can conclude include under Section 330l(c) of the
Domestic Relations Code. In any event, the parties have been
separated in excess of two years so that the divorce can, if
necessary, conclude under Section 330l(d).
A hearing was held on January 15, 2002, on the
issue of the date of separation of the parties. Following
the hearing the Master placed on the record his findings that
the separation occurred in January of 1996.
On July 12, 2001. a counterclaim was filed raising
the economic claims on behalf of wife of equitable
distribution, alimony, alimony pendente lite, and counsel fees
and costs. Attorney Lindsay has specifically noted in her
pretrial statement that marital misconduct is a significant
issue with regard to the alimony claim.
With respect to the witnesses on the marital
misconduct claim. counsel are directed to exchange a witness
list within a month of the hearing date so that each counsel
is apprised of the witnesses that will be called to testify on
that factor.
An issue that has arisen with regard to the
alimony claim is whether or not wife has an earning capacity.
Her counsel has argued that wife is disabled because of
depression and anxiety and we have discussed having her
evaluated by a psychiatrist/medical doctor to determine
whether or not she could function in a work/employment
setting. In order to move this case forward and allow the
issue to be properly addressed, Ms. Lindsay will have her
report to Mr. Andes on Monday, August 26, 2002.
(A discussion was held off the record.)
(Dictated outside the presence of counsel.)
Attorney Andes shall have until September 26, 2002, to
review the report of attorney Lindsay and secure his own
report if he chooses. If he has a report which is to be
completed by September 26, 2002, that report should be shared
with attorney Lindsay.
The Master has also suggested that counsel attempt to
settle the equitable distribution claim so that we are,
therefore, having testimony at the hearing on the marital
misconduct factor, wife's earning capacity, and the factors
relating to alimony. Obviously, counsel will need to present
evidence as to the nonmarital assets of the parties (this
would include the inheritance that husband received from his
father). The issue with the nonmarital inheritance is how
that inheritance may have enhanced husband's income.
Information regarding wife's medical health insurance
should be addressed as well as her progress with pursuing an
SSI claim through social security. Also, we need to determine
whether or not there is a survivor benefit with regard to Mr.
Mills' pension.
The Master is going to schedule two days of hearings in
October. The first day will be for the purpose of hearing the
testimony of the parties regarding marital misconduct and any
medical expert testimony. The second day will be devoted to
testimony relating to the factors dealing with alimony (and
equitable distribution if that has not previously been
settled.)
Two days of hearings are scheduled to begin Tuesday,
October 15 and continue through Wednesday, October 16, 2002.
Notices will be sent to counsel and the parties.
E. Robert Elicker, II
Divorce Master
cc: Samuel L. Andes
Attorney for Plaintiff
Carol J. Lindsay
Attorney for Defendant
R. MICHAEL MILLS,
PLAINTIFF
V.
LINDA L. MILLS,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
,...
,
01-3314 CIVIL TERM
ORDER OF COURT
AND NOW, this'1Lday of December, 2002, upon review of the answers filed by
Linda L. Mills and R. Michael Mills, to the petition of Carol J. Lindsay, Esquire, to
withdraw as counsel for Linda L. Mills, the Rule is MADE ABSOLUTE. Carol J.
LJndsay, Esquire, may withdraw as counsel for Linda L. Mills.'
By the Court,
Samuel L. Andes, Esquire
For Plaintiff
Carol J. Lindsay, Esquire
Linda L. Mills
17 Hemlock Drive
Mechanicsburg, PA 17055
Robert Elicker, Esquire
Divorce Master
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I Should this order result in a request of Linda L. Mills to continue the scheduled
Master's hearing, such a decision shall be made by the Divorce Master based
upon the circumstances and the history of the litigation.
JAN 0 72003
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!: appearance for Linda L. Mills, Defendant.
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R. MICHAEL MILLS,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION. LAW
: NO. 01 - 3314 CIVIL TERM
Plaintiff
VB.
LINDA L. MILLS,
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TO THE PROTHONOTARY:
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Defendant
: IN DIVORCE
PRAECIPE
Pursuant to the Court's Order of December 31, 2002, please withdraw my
SAlOIS, SHUFF, FLOWER & LINDSAY
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Carol J. Lindsay, Esquire
10# 44693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
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R. MICHAEL MILLS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
LINDA L. MILLS,
Defendant
NO. 01 - 3314 CIVIL
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Samuel L. Andes
, Attorney for Plaintiff
Carol J. Lindsay
, Attorney for Defendant
A pre-hearing conference has been scheduled
at the Office of the Divorce Master, 9 North Hanover Street,
Carlisle, Pennsylvania, on the 3rd of July, 2002, at 9:30
a.m., at which time we will review the pre-trial statements
previously filed by counsel, define issues, identify
witnesses, explore the possibility of settlement and, if
necessary, schedule a hearing.
Very truly yours,
Date of Notice: 4/22/02
E. Robert Elicker, II
Divorce Master
R. MICHAEL MILLS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 3314 CIVIL
LINDA L. MILLS,
Defendant
IN DIVORCE
TO: Samuel L. Andes
Attorney for Plaintiff
Carol J. Lindsay Attorney for Defendant
DATE: Wednesday, October 10, 2001
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed. N/A
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
Plaintiff may need an independent medical examinatian and a
vocational assessnent of the Defendant. who claims she cannot work because
of a disability. At this point there are no fo:cna1 requests for either
of those pending before the court.
(bl Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
With Defendant's cooperation, 60 days or less. Without her cooperation,
no more than 90 days.
lo/~7Jol
DATE I
~~
COUNSEL FOR DEFENDANT ( I
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.
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01 - 3314
R. MICHAEL MILLS
LINDA L. MILLS
CIVIL ^CTION - LAW
IN DIVORCE
ORDER AND NOTICE SETTING IIE^IUNG
TO: P. Michael Mills , Plaintiff
Samuel L. Andes , Counsel for Plaintiff
Linda L. Mills , Defendant
Carol J. Lindsay , Counsel for Defendant
You are directed to appear for a hearing to take
.
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania on the 15th day
9:00
of January
, 2002 at
a.m., at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
. ;~rt .
rg. '!~)r,
President Judge
Date of Order and
Notice: 10/24/01
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P^ 17013
TELEPHONE (717) 249-3166
* TESTIKlNY WILL BE LIMITED 10 '!HE ISSUE OF 'mE DATE OF SEPARATION OF 'mE
PARrIES. COONSEL ARE DIRI:A.:n;u 10 EXOJANGE WI'J1IIESS LISTS THIRTY (30)
DAYS PRIOR 10 'mE HEARING.
R. MICHAEL MILLS,
PLAINTIFF
V.
LINDA L. MILLS,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 01-3314 CIVIL TERM
ORDER OF COURT
AND NOW, this~day of December, 2002, upon review ofthe answers filed by
Linda L. Mills and R. Michael Mills, to the petition of Carol J. Lindsay, Esquire, to
withdraw as counsel for Linda L. Mills, the Rule is MADE ABSOLUTE. Carol J.
Lindsay, Esquire, may withdraw as counsel for Linda L. Mills.1
By the Court,
Samuel L. Andes, Esquire
For Plaintiff
,
Carol J. Lindsay, Esquire
Linda L. Mills
17 Hemlock Drive
Mechanicsburg, PA 17055
r, Esquire
Master
I Should this order result in a request of Linda L. Mills to continue the scheduled
Master's hearing, such a decision shall be made by the Divorce Master based
upon the circumstances and the history of the litigation.
In the Court or Common Pleas of CUMBERLAND County, Pennsylvania
OOMESflC RELATIONS SECTION
LINDA L. MILLS ) Docket Number 01-3314 CIVIL
Plaintiff )
VS. ) PACSES Case Number 742103673
R M. MILLS )
Defendant ) Other State ID Number
ORDER
AND NOW, to wit, on this
24TH DAY OF MARCH, 2003
IT IS HEREBY
ORDERED that the support order in this case be 0 Vacated or OSuspended or
ex> Terminated without prejudice or 0 Terminated and Vacated,
effective FEBRUARY 11, 2003 ,due to:
THE PARTIES' MARITAL SETTLEMENT AGREEMENT AND AN AWARD OF ALIMONY BEING
ENTERED. THE CREDIT OF $1556.69 ON THE ALIMONY PENDENTE LITE ACCOUNT IS
DIRECTED TO THE ALIMONY ACCOUNT.
BY THE COURT:
ORa: RJ stlSdday
xc: plaintiff
defendant
Carol Lindsay, Esquire
Sarruel Andes, Esquire
.--;-QJ
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~
" JUDGE
Service Type M
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Fonn OE-504
Worker ID 21005
(',,c'/(.o
State Commonw.....lth of Pennsvlvania
( ,'./City/Disl. of CUMBERLAND
Date of Order/Notice 03/24/03
Tribunal/Case Number (See Addendum for case summary)
ORDER/NOTICE TO WITHHOLD INCOME ~()R SUPPORT
l>fl. .;Ja)/-53/'/ (lill/(.
?JI~~f S 7~/{;3073
o Onglndl OrderlNOIice
@ Amended OroJerlNOlice
o Terminate OrderlNotic.e
EmployerlWilhholder', Federal EIN Number
RE: MILLS, R M.
EmployeelObligor', Name (La". First. Mil
3l4-U-3166
Employee/Obligor's Social Security Number
382910081&
EmployeelObligor', Case Identifier
15.. .4-....... "" pJ.intilf ""me.
alllJdated wit/J ...R. on allad/mentJ
Custodial Parenl's Name (last, First, MI)
THE PATRIOT-NEWS CO
812 MARKET ST
PO BOX 2265
HARRISBURG PA 17101-2808
See Addendum for dependent names and birth dates assocIated with cases on attachment.
r)RDER INI, 'RM.... nON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from '~UI'lllERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's!obligor's income until further notice even if the {'lrder/Notice is not
issul'd by your Stolte.
$ 1,300.00 per month in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater/ Oyes <X> no
$ "'0:00 per month in medical support
S 0.00 per month for llenetic test coots
$ per month in other (specify)
1.),"01 total of $ 1,300.00 per month to be forwarded to payee below.
VUI. do not halle to vary your pay cycl{' to be in compliance with the support order. If yuur pay cvcle dot'~ not mal. !.
It'... orde.-..cl ;upp"r; paymen' cycle, ~Sl! the following to delennine how much to withhold:
$ _._ ._._." ~ 0 . II U per weekl~ pay period.
~ _.__..~lUl...J!..Q.per biweekly pay flellod (every two weeks).
$ __ _.... ~ Jl.llJJer semimonthly pay period (twire a month).
~. __....L.ll!.IL...Jl.".per monthly pay period.
RtMITTANCF INF:!RMA7/0"':
Vou must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven In working days of the paydateldate of withholding. Vou are entitled te:
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee fur the
dllowable amount. The total withheld amount, and your fee. cannot exceed 55% of the employee's! obligor'~
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #10 on pg. 2).
If remilling by FF1/EDI, please call Pennsylvania State Collections and Dlsbu~ment Unit (SeOU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCOU
Send check to: Pennsylvania SCOU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDmON, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Emp/oyee/Oblip's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
Dale of Order:
MAR 2 5 2003
fDG
Form EN-028
Worker IlJ $IAT'l'
Service T vpe M
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
[] I(checked you. are required. to pl'l>Ville a ,opy of this form to yowemployee. Ifyouremploy~ works in.a statelhat is
different from the state that ISSUed this order. a copy must be provi1fetl to VOI!remJ'lloyee even lithe box IS not thecked.
1. We appreciate the voluntary compliance of Federally recognized 'ndian tribes. tribally-owneu bU'lnesses, and Indian-owned
businesses located on a rest'rvation that choose to withhold in accordance with thIS notice.
2. Priority: Withholding under this OrderlNotice has priority over any other legal process under State law against the same income.
Federal tax levies In effect before receipt of this order have priority, If there are Federal tax levies in effect please contact the requesting
agency listed below.
3. Combining Payments: You can combine withheld amounts from more than une employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
4.. R~Pvrtin8 th~ ~,datelD* ()f ":/ithkoldil.g. ',~Ou nitlst l~t'Oi1 the paJdat~dat\;- of uitl,l,olding wi,en 5e. rding the paJll.~..1. The
Pa,date/date of ....;II,holding:J ll,~ <lcdt Oon nl.:". amount one\!. ...ithl,eld f.~I" ll,~ empIOrl.l.'J ....age5. You must comply with the law of the
state of the employee's1obligor's principal place oi employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
5.' Employee/Obligor with Multiple Support Holdings: If there is more than one OrderINotice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support OrderlNotices due to Federal or State withholding limits, you must follow
the law of the state of employee's1obligor's principal place 01 employment. You n'ust honor all OrdersINotices to the greatest extent
possible. (See #10 below)
6. Tennination NotifICation: You must promptly notify the Requesting Agency when the emplO'r"eelobligor is no longer working for you.
Please provide the information requested and return a copy of thi, OrderlNolice to the Agency Identified below.
WITHHOLDfR'SID: 23] 3044020
EMPLOYEE'SIOBLlGOR'S NAME: n MILLS. R M.
EMPLOYEE'SCASE IDENTifiER=- 3829100816
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAl\4f!ADDRCSS:
DAn OF SEPARATION:_.
7. Lump Sum Payments: You may be reqUired to report and withhold from lump sum payments such as bonuses. commissions, or
severance pay. If you have any questions about lump sum payments. contact the pen;on or authority below.
8. Liability: If you fail to withhold income as the OrderlNotice directs. you are liabie ior both the accumulated amount YOl' should 1'..lYe
withheld from the emploVe.>/obligur's incomp ann other penaltie, set by Penl'svlvdnia ~tate law. Pennsylvania State law governs un.'.'s
the obligor is employl'd In another ~Ialr, in whch ca,,, ,he law of the State In which he or she IS emllloyt<d governs.
9. AntHliscrimination, YOII are subjl'Ct to a line dete",ined unne. Stale Idw for~lsrh'llling an pmplo)eeiobliflOr from employment.
refusing to employ, cr la~ing di>ejplinarv aCTioI' against any "mployee/obligor bec"ause of a support wi!hnoiding; Pe,'nsylvania State .dW
governs unless the obliglJr is employed in another Stale, in which cas~ thp law .:,1 he Slate in which he or sne is employed governs.
10. . Wrthholding Limil5: You may not withhold more than the lesser of: I) the amounts allowed by the Federal Consumer Credit
Prole<:tion Act (15 U.S.c. ~ 16 7J Ibl1; or 21 the amounts allowed by the State of the employee's1obligor's principal place of employment.
The Fe<lerallimit applies to the dggregate disposable weekly earnings (ADWl'I. ADWE is the net income left after making mandatory
deduc1ions such a', State, Federal, local taxes; Social SecUrity lax",; and Medica... taxes.
11. Additional Info:
'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the stdte that issued this order with respect to these item..
Submitted By: If you or your employee/obligor have any questions,
DOMESTIC RELATIONS SECTION cOrltact WAGE ATTACHMENT UNIT
13 N. HANOVER ST by telephone at (71 n 240-6225 or
P.O. 80X 320 by FAX at (7171 240-6248 or
CARLISLE PA 17013 by internet www.childsupport.state.pa.us
Page 2 of .2
Fonn E N.026
Worker I D $ IAT'I'
Service Type M
"'MB No.: (N7(M11 5.4
AI>OENDUM
Summary of Cases on Attac hment
Defendant/Obligor: MILLS, R M.
PACSES Case Number 742103673
Plaintiff Name
LINDA L. MILLS
Docket Attachment Amount
01:Jlli CIVIL $ 1,300.00
Childe",n)'s Namees):
DaB
PAlSES Case Number
Plaintitf Name
Docket Attachmenl Amount
$ 0.00
Child(",n)'s Name/s):
DaB
o If ('hecked, you a", ",quired to enroll the childl",n)
idenlified above in any health insurance coverage available
through the employee'slobligor's employment.
Olf checked, you are.req~ired to enroll the childeren)
identified above in any health insurance coverage available
through the employee'slobligor's employment.
PAC~ES Ca~ Nu,,!ber
Plair..iir ~rng
PACSES Case Nu~
Plaintiff Name
!2l!!:ket Attachment Amount
$ 0 00
C~lldelPn;'s :-.ia",~,,):
DaB
~ Attachment Amount
$ 0.00
Childeren)', Nampe,):
r.:)B
o If checked, you are required to enroll the childeren)
identified above in any health insur.nce coverage available
thmlJgh the empl'>Yee'slobligor's employment.
o If checked, you are required to enrolll"e childeren)
identified above in any health insurance coverage available
thr"ugh the employe"''ilobligor's e",ployment.
PAL.~S Case Number
Plaintiff Name
Docket Attachmenl Amount
S 0.00
Childl,.,n)'s Name(s):
PACSES Case Number
Plaintiff Name
DaB
Docket Attachment Amount
$ 0.00
Child(ren)', Name(s):
DaB
o If checked, you are required to enrolllhe childlren)
identified above in any health insurance coverage available
through Ihe employee'slobligor's employment.
o If checked, you are required to enrolllhe childeren)
identified above in any health insurance coverage available
through the employee'slobligor's employment.
Service Type M
Addendum
~orm EN-{l28
Worker IlJ $IATT
lIM8Nc.:D9::rr154
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
R. MICHAEL MILLS,
PLAINrIFF
VERSUS
LINDA L. MILLS,
DEFENDANT
PENNA.
No.
01-3314 CIVIL TERM
DECREE IN
DIVORCE
AND NOW,
2003
. IT IS ORDERED AND
DECREED THAT
R. MICHAEL MILLS
. PLAINTIFF,
AND
LINDA L. MILI.S
. 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;
NCNE
~
By THE COURT:
J.
, .
.
* ~ ~ ~//, wel'~
~7 .flV ."2 ."r4' A0~ /'v ~7 el':
. . -.. ~ .., ,...
'-':..1'~ I /', -:::; i 7-;>
I . t:.>(.. , ,j . ) fJJ .~
State Commonwealth of Pennsylvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 12/19/06
Case Number (See Addendum for case summary)
"'/' -7 3 /.~ I
t> - ,").,. '-t
o Original Order/Notice
o Amended Order/Notice
o Terminate Order/Notice
tlvlL
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
RE: MILLS, R M.
Employee/Obligor's Name (Last, First, MI)
314-44-3166
Employee/Obligor's Social Security Number
3829100816
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
EmployerM'ithholcler's Federal EIN Number
THE PATRIOT-NEWS CO
812 MARKET ST
PO BOX 2265
HARRISBURG PA 17101-2808
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA nON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 0 . 00 per month in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes <X) no
$ 0.00 per month in current and past-due medical support
$ 0 . DOper month for genetic test costs
$ per month in other (specify)
for a total of $ 0.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 0.00 per weekly pay period.
$ 0.00 per biweekly pay period (every two weeks).
$ 0.00 per semimonthly pay period (twice a month).
$ 0 .00 per monthly pay period.
REMITTANCE INFORMA nON:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on page 2).
If required by Pennsylvania law (23 PA C.S. ~ 4374(b)) to remit by electronic payment method, please call
Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580
for instructions.
Make Remittance Payable to: P A SCOU
Send check to: Pennsylvania SCOU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BYTHE~1J~~
Date of Order: DEe 2 0 2006
Service Type M
OMB No.: 0970-0154
Form EN-028 Rev. 1
Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If ~hecked you are required to provide a copy of this form to your employee. If your employee works in a state that is
ditterent from the state that issued this order, a copy must be provided to your employee even if the box is not checked.
1. Priority: Withhold ing under th is Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
'"
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
3.:!' Repu,t;lIg ti,e raydate/Date~'IJitl,J,old;"g. YOu ,"ustl\:::po.t ti,e fJdydateldate of vvithl,oldil,g vvl.ell selld;lIg ti,e paY"lellt. Ti,e
pdydate/date of vvitl,l.oldil,g ;sll,e date 011 vvl,;d, alllOul.t vvas vvitl.l,eld flOII. ti,e e,"ployee':, vvages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2313044020
EMPLOYEE'S/OBLlGOR'S NAME: MILLS , R M.
EMPLOYEE'S CASE IDENTIFIER: 3829100816 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more
than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more
than the amounts allowed under the law of the state that issued the order.
10. Additional Info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
11.Submitted By:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by internet www.childsupport.state.pa.us
Page 2 of 2
Form EN-028 Rev. 1
Worker ID $IATT
Service Type M
OMB No.: 0970-0154
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: MILLS, R M.
PACSES Case Number 742103673
Plaintiff Name
LINDA L. MILLS
Docket Attachment Amount
01-3314 CIVIL $ 0.00
Child(ren)'s Name(s):
PACSES Case Number
Plaintiff Name
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
[X] If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
If checked, you are required to enroll the child(ren)
above in any health insurance coverage available
the em ployee's/obl igor's employment.
If checked, you are required to enroll the child(ren)
in any health insurance coverage available
employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
If checked, you are required to enroll the child(ren)
above in any health insurance coverage available
the employee's/obligor's employment.
Service Type M
Addendum
Form EN-028 Rev. 1
Worker ID $IATT
OMB No.: 0970-0154
R. MICHAEL MILLS,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-3314 CIVIL TERM
LINDA L. MILLS,
Defendant/Petitioner
CIVIL ACTION - LAW
IN DIVORCE
PETITION FOR CONTEMPT
AND NOW COMES the DefendantlPetitioner, LINDA L. MILLS, by her attorney, MAX
J. SMITH, JR., Esquire, who respectfully states as follows:
1. Petitioner is an adult individual who resides at 3141 Bottle Run Road,
Williamsport, Lycoming County, Pennsylvania.
2. Respondent is an adult individual who resides at 807 N. Walnut Street,
Mechanicsburg, Cumberland County, Pennsylvania.
3. Petitioner and Respondent are formerly husband and wife, having been married
on October 5, 1974 and having been subsequently divorced by Decree of this Honorable Court
on February 11,2003.
4. On February 11,2003, your Honorable Court issued an Order concerning
payment of alimony from Respondent to Petitioner, a copy of which is attached hereto and made
part hereof as Exhibit "A".
5. Pursuant to paragraph A of said Order, Respondent is to pay alimony to Petitioner
in the sum of $1,300.00 per month commencing the first month following the date of the final
decree in divorce.
6. It was furthered ordered in paragraph A that "[i]n addition to the monthly
payments, Respondent is to pay Petitioner $500.00 as alimony on or before the first day of
December each year as long as this order is in effect."
7. Respondent retired from his employment at The Patriot-News Co. effective
October 1, 2006, at which time he unilaterally reduced alimony payments to Petitioner to the
sum of $700.00 per month.
8. To date, Petitioner has not sought a modification of the Order of Court dated
February 11, 2003.
9. To date, Respondent has failed to make alimony payments to Petitioner as
required by the said Order of Court dated February 11, 2003.
10. Respondent's conduct is in willful breach of said Order of Court.
11. Although paragraph D of the Order dated February 11,2003 states that alimony
payments are to be made through the Domestic Relations Office of Cumberland County, that
office has indicated that it does not enforce alimony payments.
12. Respondent's failure to pay alimony as directed by the court has caused severe
financial hardship to Petitioner, who is on fixed income and relies on the alimony payments to
meet her basic living expenses.
WHEREFORE, Petitioner respectfully requests the following:
(a) that Respondent be held in contempt for violating the Order of Court dated
February 11, 2003;
(b) that Respondent be directed to immediately satisfy any and all arrearages which
have accrued, and to resume monthly payments pursuant to said Order of Court dated February
11,2003.
(c) that Respondent be responsible for payment of attorney fees incurred by
Petitioner in connection with this enforcement action.
(d) any other relief which the court deems just.
Respectfully submitted,
Date: January ({ , 2007
,'11 0) /C t
V;n~ 'fit{
MAX J, SMITH, JR.,
I.D. No. 32114
JARAD W. HANDELMAN, Esquire
I.D. No. 82629
James, Smith, Dietterick & Connelly LLP
P.O. Box 650
Hershey, P A 17033
(717) 533-3280
I verify that the statements made in this Petition 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.
(
2r\~~/
MAX J. SMIT , R., Esquire on behalf of
LINDA L. MIL S
Exhi bit- A
R. MICHAEL MILLS,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
NO. 01-3314 CIVIL TERM
LINDA L. MILLS,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW this II day of (-i,Jw~ ,2003, upon the Motion of
Plaintiff, and upon the agreement of the parties . ached before the Master in this matter,
we hereby direct that the Plaintiff shall pay alimony to the Defendant as follows:
A. The alimony will be paid at the rate of $1,300.00 per month
commencing with the first month following the date of the final decree in
divorce. In addition to the monthly payments, Plaintiff shall pay Defendant
$500,00 as alimony on or before the first day of December each year as long
as this order is in effect.
B, The alimony will continue until the death of either party, or until
the remarriage or cohabitation of Defendant, in any of which event the
alimony payments hereunder shall cease..
C. The alimony paid pursuant to this order shall be modifiable upon
Plaintiff's retirement or Plaintiff's disability which prevents him from holding
substantial employment or upon Defendant receiving income or other regular
payments of money of $15,000.00 or more per year, before taxes.
Otherwise, the alimony shall not be subject to modification.
D, The alimony payments required by this order shall be made through
the Domestic Relations Office of Cumberland County which is hereby
directed and authorized to open and administer an account for the collection
and payment of alimony pursuant to this order.
BY THE COURT,
Linda L. Mills (Pro se)
17 Hemlock Drive, Mechanicsburg, PA 17055
/51 ~ 6~, J.
T~UlE COpy FROf)?1 nECORD
In T estrmony WhBrE:vt I here unto set my hind
and the seal of said Court at Carlisle Pa
I. I
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DISTRIBUTION:
Samuel L. Andes, Esquire (Attorney for Plaintiff)
525 North 121h Street, Lemoyne, PA 17043
R. MICHAEL MILLS,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-3314 CIVIL TERM
LINDA L. MILLS,
Defendant/Petitioner
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this l day of January, 2007, I, MAX J. SMITH, JR., Esquire, Attorney
for Defendant/Petitioner, hereby certify that I have this day sent a copy of Petition for Contempt
by depositing a certified copy of the same in the United States mail, postage prepaid, at
Hummelstown, Pennsylvania, addressed to:
Samuel L. Andes, Esquire
P.O. Box 168
Lemoyne, PA 17043-0168
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MAX J. SMITH, JR.,~quire
J.D. No. 32114
JARAD W, HANDELMAN, Esquire
J.D. No. 82629
James, Smith, Dietterick & Connelly LLP
P.O. Box 650
Hershey, P A 17033
(717) 533-3280
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R. MICHAEL MILLS,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-3314 CIVIL TERM
LINDA L. MILLS,
Defendant/Petitioner
CIVIL ACTION - LAW
IN DIVORCE
ORDER
AND NOW, this U,
, 2007, upon presentation and
consideration of the within Petition for Contempt, a Rule is issued upon Respondent, R. Michael
Mills, to show cause, if any, why the relief requested by Petitioner, Linda L. Mills, should not be
granted.
Rule returnable within ~ days from the date of service.
BY THE COURT:
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
R. MICHAEL MILLS,
Plaintiff
vs.
CIVIL ACTION - LAW
NO. 01-3314 CIVIL TERM
LINDA L. MILLS,
IN DIVORCE
NOTICE
TO DEFENDANT NAMED HEREIN:
YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED NEW MATTER AND
CROSS PETITION WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT
JUDGMENT MAY BE ENTERED AGAINST YOU.
21 February 2007
Samuel L. Andes
Attorney for Defendant
Supreme Court 10 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
II
. ,
Defendant
)
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
R. MICHAEL MILLS,
Plaintiff
vs.
CIVIL ACTION - LAW
NO. 01-3314 CIVIL TERM
LINDA L. MILLS,
I N DIVORCE
ANSWER OF PLAINTIFF TO DEFENDANT'S PETITION FOR CONTEMPT
AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and
makes the following Answer, with New Matter, to Defendant's Petition for Contempt:
1 through 6. Admitted.
7. Admitted in part and denied in part. Plaintiff admits that he retired from his
employment effective 1 October 2006. He denies that he unilaterally reduced his alimony
payments. The averments set out in Plaintiff's New Matter are incorporated herein by
reference.
8. Admitted. By way of further answer, Plaintiff states that he mistakenly did not
believe that a modification of the order was necessary based upon the discussions and
negotiations of the parties. The averments set out in his New Matter are incorporated
herein by reference.
9. Admitted, with clarification. Plaintiff admits that he did not make the payments
of $1,300.00 required by the prior order but states that he did make payments of $700.00
per month which he believed was the amount the parties had agreed he would pay. The
averments set forth in Plaintiff's New Matter are incorporated herein by reference.
10. Denied. Plaintiff's breach of the order was not intentional or willful. Plaintiff
adjusted the amount of alimony he paid to the Defendant believed that the parties had
agreed to that amount. The averments set forth in Plaintiff's New Matter are
incorporated herein by reference.
11. Admitted.
12. Denied. Plaintiff believes that Defendant has no significant expenses because
of her present living arrangements and that, therefore, she suffered no hardship by the
reduction in alimony which Plaintiff believes the parties agreed upon. Evidence of that is
reflected by the fact that she did not negotiate the checks which Plaintiff provided to her.
WHEREFORE, Plaintiff requests that Defendant's Petition for Contempt by
dismissed.
II
II
, .
NEW MATTER
By way of further answer, Plaintiff sets out the following New Matter:
13. When Plaintiff decided to retire he contacted Defendant, through members of
her family, to advise her of his retirement and to negotiate a modification of his alimony.
Plaintiff realized that he would not be able to pay alimony at the rate he paid it following
the divorce action and proposed a reduction in his alimony payment as a result.
14. Thereafter, Plaintiff had discussions with Michael E. Alleman, the Defendant's
son-in-law who had previously negotiated the terms of the parties financial settlement at
the time of the divorce. During those negotiations, Mr. Alleman, on behalf of Defendant,
agreed that Plaintiff was entitled to a reduction in his alimony payment but disagreed with
Plaintiff as to the amount of that reduction and proposed that Plaintiff pay alimony to
Defendant in the amount of $686.79 and that, in addition to that, Plaintiff paid her
$268.00 which represented Defendant's portion of Plaintiff's pension as negotiated by the
parties at the time of the. divorce.
15. Plaintiff did not agree with the calculations prepared by Defendant and Mr.
Alleman and, instead, proposed to pay Defendant $700.00 per month. He made that
proposal directly to Defendant, by a letter dated 22 October 2006, a copy of which is
attached hereto and marked as Exhibit A. He received no response from that letter and
continued, thereafter, to send $700.00 per month to Defendant pursuant to his proposal.
16. Defendant did not protest or object to the payment of $700.00 per month
made to her by Plaintiff pursuant to his letter of 22 October 2006. In fact, until he
received the instant Petition for Contempt, he was not aware that the proposal he hade
made, and which he believed Defendant had accepted was not satisfactory to her.
17. Plaintiff believes he is entitled to a reduction in his alimony payment to
$700.00 per month. He believes such payment would be fair and should be ratified by
the court.
18. Plaintiff did not knowingly violate the order of the court in that he believed he
had reached an agreement with the Defendant for the adjustment of alimony. To the
extent that he violated the court's order, that was done by mistake and out of ignorance
not out of any willful attempt to evade the court's order or to defy the court.
WHEREFORE, Plaintiff prays this court to dismiss Defendant's Petition for
Contempt and to grant the relief requested in his cross Petition.
II
, ..
CROSS PETITION FOR MODIFICATION OF ALIMONY ORDER
AND NOW comes the above-named Plaintiff and makes the following Cross Petition
for Modification of Alimony Order in this matter, based upon the following:
19. Plaintiff incorporates herein by reference the averments set forth in the
foregoing Answer and New Matter.
20, Effective 1 October 2006, Plaintiff retired from his employment with the
Harrisburg Patriot News because of his age and his entitlement to retirement benefits.
21. As a result of his retirement, Plaintiff's income has been reduced significantly
below the income he had at the time the alimony order was originally set in this case.
22. Defendant acknowledged Plaintiff's retirement and also acknowledged that, as
a result of that retirement, Plaintiff was entitled to a reduction in his alimony. The parties
were not able to agree on the amount of the reduction or the amount of alimony Plaintiff
should pay after the reduction, but both of them agreed that Plaintiff was entitled to a
reduction because of the significant reduction in his income.
23. On his present income, Plaintiff is not able to pay the alimony in accordance
with the order of 11 February 2003 and is entitled to a reduction in that alimony as a
result.
24. Plaintiff does not believe that Defendant's needs for alimony are as great now
as they were at the time the 2003 alimony order was entered because she lives with
members of her family and has very few expenses.
25. Under the circumstances, it would be unfair to Plaintiff to require him to
continue to pay the alimony set by the 2003 order. Plaintiff is entitled to a modification
and a reduction in his alimony payment as a result of the change in the parties'
circumstances.
WHEREFORE, Plaintiff prays this court to reduce the alimony he is required to pay
Defendant to $700.00 per month, including the $268.00 which represents a payment of
her share of his pension as earned to the date of the parties' separation.
2S?~~~~~
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, Pa 1 7043
(717) 761-5361
II
, ..
I verify that the statements made in this document are true and correct. I
understand that any false statements in this document are subject to the penalties of 18
Pa. C.S. 4904 (unsworn falsification to authorities).
Date: a~PZ 0- 07
~~~~
~~IMiIIS
II
. .....
CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing document upon counsel
for the Defendant herein by regular mail, postage prepaid, addressed as follows:
Max J. Smith, Jr., Esquire
P.O. Box 650
Hershey, PA 17033
Date: 'L-1~J lot-
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Attorney for Plaintiff
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R. MICHAEL MILLS,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. 01-3314 CIVIL TERM
LINDA L. MILLS,
Defendant/Petitioner
CIVIL ACTION - LAW
IN DIVORCE
MOTION FOR HEARING ON PETITION FOR CONTEMPT
AND NOW COMES the Defendant/Petitioner, LINDA L. MILLS, by her attonley, MAX
J. SMITH, JR., Esquire, and respectfully states as follows:
1. On January 9, 2007, Petitioner filed a Petition for Contempt, a result of which a
Rule to Show Cause was issued on January 16,2007.
2. A responsive pleading was filed by Respondent on or about February 21.,2007.
3. The parties have been unable to reach an agreement regarding the issues which
have been raised to date.
4. Respondent remains in contempt of the Decree in Divorce that was issued on
February 11, 2003.
WHEREFORE, Petitioner respectfully requests that a hearing be scheduled to address the
issues that were raised in the Petition for Contempt and subsequent pleadings.
Respectfully submitted,
Date: March 2, 2007
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MAX J. SMITH/~R., Esquire
v
I.D. No. 32114
JARAD W. HANDELMAN, Esquire
I.D. No. 82629
James, Smith, Dietterick & Connelly LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
R. MICHAEL MILLS,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 01-3314 CIVIL TERM
LINDA L. MILLS,
Defendant/Petitioner
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICA TE OF SERVICE
AND NOW, this
1-
day of March, 2007, I, MAX J. SMITH, JR., Esquire, Attorney
for Defendant/Petitioner, hereby certifY that I have this day sent a copy of Motion for Hearing on
Petition for Contempt by depositing a certified copy of the same in the United States mail, post-
age prepaid, at Hummelstown, Pennsylvania, addressed to:
Samuel L. Andes, Esquire
P.O. Box 168
Lemoyne, P A 17043-0168
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MAX J. SMITH, JR."Esquire
J.D. No. 32114
JARAD W. HANDELMAN, Esquire
LD. No. 82629
James, Smith, Dietterick & Connelly LLP
P.O. Box 650
Hershey, P A 17033
(717) 533-3280
1.
. . .
MAR 00 2007
R. MICHAEL MILLS,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-3314 CIVIL TERM
LINDA L. MILLS,
Defendant/Petitioner
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER
AND NOW, this q-U\. day of "1 ];Uvu~ ,2007, upon consideration of the
within Motion for Hearing, it is hereby Ordered and Decreed that a hearing set on the Jlt-1Ctday
of '1}L4AA:)'- ,2007, at //.'oc, O.m., in Courtroom No.~, Cumberland County
Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania.
Service of the attached Motion for Hearing and accompanying Order shall be effected
upon Samuel L. Andes, Esquire, counsel for Plaintiff.
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R. MICHAEL MILLS,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
LINDA L. MILLS,
Defendant/Petitoner
01-3314 CIVIL TERM
ORDER OF COURT
AND NOW, this 26th day of March, 2007, this matter
being called for a hearing on the Defendant's petition to enforce
sanctions, the parties have agreed and we enter the following
order:
1. The Plaintiff, R. Michael Mills, shall pay to the
Defendant, Linda L. Mills, through her attorney, the sum of
$7,210.00 no later than April 3, 2007. That payment will satisfy
all obligations for the payment of alimony and counsel fees through
the end of March 2007.
2. Thereafter, commencing with the month of April
2007 and continuing through the month of July 2008, the Plaintiff
shall pay the Defendant alimony in the ~mount of $870.00 per month.
Those payments shall be made through the Domestic Relations Office
of Cumberland County which is hereby authorized and directed to
collect those payments and distribute them to the Defendant.
3. Effective August 1, 2008, Plaintiff will no longer
be obligated to pay alimony to the Defendant except for the amount
of $268.00 per month, which he shall be obligated to pay her from
his pension from the Patriot News for the month of August 2008 and
continuing through his death or the other termination of his
pension payments.
4. All of the other provisions of the order entered
In this matter on February 11, 2003, relating to termination or
modification of the alimony shall remain in full force and effect
by law.
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Samuel L. Andes, Esquire
525 North 12th Street
Lemoyne, PA 17043
For the Plaintiff/Respondent
Max J. Smith, Jr., Esquire
P.O. Box 650
Hershey, PA 17033
For the Defendant/Petitioner
By the Court,
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Domestic Relations: ID No. 742103673
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