HomeMy WebLinkAbout02-0399
PATRICK A, MEISTER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
,
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO. 2002 - 39C( CIVIL TERM
IN DIVORCE
BRENDA K. MEISTER,
DEFENDANT
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the Court, A judgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children,
When the ground for is indignities or irretrievable breakdown
of the marriage, you may request marriage counseling, A list of
marriage counselors is available in the Court Administrator's
Office, Fourth floor, Cumberland County Courthouse, Hanover and
High Streets, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
PATRICK A. MEISTER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2002 - 3<ftt CIVIL TERM
BRENDA K, MEISTER,
DEFENDANT
IN DIVORCE
COMPLAINT UNDER SECTION 3301(0) OR
3301(d) OF THE DIVORCE CODE IN DIVORCE
1. The Plaintiff is Patrick A, Meister who resides at 114
Mountain View Drive, Enola, Cumberland County Pennsylvania 17025.
2, The Defendant is Brenda K. Meister who resides at 1520
Penn Street, Harrisburg, Dauphin County, Pennsylvania 17102.
3. The Plaintiff and Defendant have been bona fide residents
of the Commonwealth of Pennsylvania for at least six months
immediately prior to the filing of this Complaint.
4. The Plaintiff and Defendant were married on July 21, 1994
in Dalton, Wayne County, Ohio.
5. There have been no prior actions of divorce or annulment
between the parties in this or any oth~r jurisdiction.
6. The parties have been living separate and apart since
October 21, 2000.
7. The marriage is irretrievably broken.
8, The Defendant is not a member of the Armed Services of
the United States or any of its Allies.
9. The Plaintiff has been advised of the availability of
counseling and that Plaintiff may have the right to request that
the Court require the parties to participate in counseling.
10. Plaintiff requests the court to enter a decree of
divorce.
CLAIM I
Cla~ for Equitable Distribution
of Marital Property
11. Paragraphs 1-10 are incorporated herein by reference
hereto,
12. The Plaintiff and Defendant are owners of certain jointly
owned property or other property which constitutes marital
property.
WHEREFORE, Patrick A. Meister requests this Court to enter an
Order equitably dividing or assigning the marital property between
the parties.
Respectfully submitted,
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Thomas 0, Gould
Attorney for Plaintiff
I,D. # 36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
VERIFICATION
I verify that the statements made in this Complaint are true
and correct, I understand that false statements herein are made
subject to the penalties of 18 Pa, C.S. 4904, relating to unsworn
falsification to authorities.
Date: 1'1/...2 ?//.J2
, Meister
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PATRICK A. MEISTER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2002 - 399 CIVIL TERM
BRENDA K. MEISTER,
DEFENDANT
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the
Divorce Code was filed on January 24, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of the
filing and service of the Complaint.
3. I consent to the entry of a Final Decree of Divorce after
service of notice of intention to request E~ntry of the decree. I
acknowledge that pursuant to Rule 1920.42 (e) I have waived the
requirement that I receive notice of intention to request entry of
the decree.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statemsnts herein are subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DA TE D :
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PATRICK A~STER
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PATRICK A. MEISTER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2002 - 399 CIVIL TERM
BRENDA K. MEISTER,
DEFENDANT
IN DIVORCE
AFFIDAVIT OF CONSEN~
1. A Complaint in Divorce under Section 3301 (c) of the
Divorce Code was filed on January 24, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of the
filing and service of the Complaint.
3. I consent to the entry of a Final Decree of Divorce after
service of notice of intention to request entry of the decree. I
acknowledge that pursuant to Rule 1920.42 (e) I have waived the
requirement that I receive notice of intention to request entry of
the decree.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED:
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BRENDA K. MEISTER
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PATRICK A. MEISTER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 200:2 - 399 CIVIL TERM
BRENDA K. MEISTER,
DEFENDANT
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(0) OF THE DIVORCE CODE
1. I consent to the entry of a final decree 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. I understand that false staterrLents herein are subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED:
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BRENDA K. MEISTER
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PATRICK A. MEISTER,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2002 - 399 CIVIL TERM
BRENDA K. MEISTER,
DEFENDANT
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(0) OF THE DIVORCE CODE
1. I consent to the entry of a final decree without notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expE~nses 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. I understand that false statements herein are subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED:
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PATRICK A. MEISTER,
PLAINTIFF
IN THE COURT OF COMNON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2002 - 399 CIVIL TERM
BRENDA K. MEISTER,
DEFENDANT
IN DIVORCE
AFFIDAVIT OF SERVICE
I, Thomas D. Gould, attorney for Plaintiff, in the above
captioned action for divorce, hereby certify that a conformed and
certified copy of the Complaint in Divorce and Plaintiff's
Affidavit under section 3301 (c) was served upon the Defendant
through her attorney Richard S. Friedman by depositing the same in
the United States mail on February 13, 2002 pursuant to Rule 1920.4
of the Amendments to the Pennsylvania Rules of Civil Procedure
relating to the Divorce Code.
As indicated by the signed
Acceptance of Service attached hereto, the Complaint was received
by the Defendant's attorney on February 22, 2002.
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Thomas D. Gould
ID # 36508
Attorney At Law
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
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PATRICK A. MEISTER,
PLAINTIFF
IN THE <:::OURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 200:! - 399 CIVIL TERM
BRENDA K. MEISTER,
DEFENDANT
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information,
to the Court for the entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section
3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: On February
22, 2002 by Acceptance of Service by Defendant's attorney.
3. Date of execution of the affidavit of consent required by
Section 3301(c) of the Divorce Code: By Plaintiff, December 30,
2002; By Defendant, December 30, 2002.
4 .
Related claims pending:
None
5. Date Plaintiff's Waiver of Notice in ~ 3301(c) divorce
was filed with the Prothonotary on Decembel::- 30, 2002.
Date Defendant's Waiver of Notice in ~ 3301(c) divorce
was filed with the Prothonotary on December 30, 2002.
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Thomas D. Gould, Esquire
Attorney For Plaintiff
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this 30 rli
and between PATRICK A. MEISTER,
"Husband" ) and BRENDA K. MEISTER,
"Wife") .
day of :'becember , 2002,
(hereinafter referred to
(hereinafter referred to
by
as
as
WITNESSETH:
WHEREAS, the Husband and Wife were lawfully married on July
21, 1984; and
WHEREAS, differences have arisen between Husband and Wife in
consequence of which they intend to live apart from each other; and
WHEREAS, Husband and Wife desire to settle and determine their
rights and obligations; and
WHEREAS, the parties hereto have mutually entered into an
agreement for the division of their jointly-owned assets, the
provisions for their liabilities and provisions for the resolution
of their mutual differences, after both have had free and ample
opportunity to consult with their respective attorneys, and the
parties now wish to have that agreement reduced to writing; and
NOW, THEREFORE, the parties intending to be legally bound
hereby do covenant and agree as follows;
1 . SEPARATION
It shall be lawful for each party at all times hereafter
to live separate and apart from the other party at such place or
places as he or she may from time to time choose or deem fit. The
foregoing provisions shall not be taken as an admission by either
party as to the lawfulness or unlawfulness of the causes leading to
their living apart.
2 . INTERFERENCE
Each party shall be free from interference, authority,
and contact by the other as fully as if he or she were single and
unmarried except as maybe necessary to carry out the provisions of
the agreement. Neither party shall molest t:he other nor attempt to
endeavor to molest the other, nor compel the other to cohabit with
the other, or in any way harass or malign the other, nor in any way
interfere with the peaceful existence, separate and apart from the
other.
3. DIVISION OF PERSONAL PROPERTY
The parties have equitably divided between them to their
mutual satisfaction the personal affects, household furniture and
furnishings and all other articles of personal property which
heretofore have been used by them in cornmon. Husband agrees to pay
wife $5,000.00 within 30 days of issuance of the Decree in Divorce
as her equitable interest in the marital personal property.
4. AUTOMOBILES
Each party is to keep their respective vehicles. Husband
shall have all right and title to his vehicle. He shall maintain
insurance on his vehicle and be responsible for all maintenance,
liens and other payments related thereto. Husband shall indemnify
and hold Wife harmless for all matters related to his vehicle.
Wife shall have all right and title to her vehicle and shall
maintain insurance on her vehicle and be responsible for all
maintenance. Wife shall indemnify and hold Husband harmless for
all matters related to her vehicle.
5, DIVISION OF REAL PROPERTY
The real estate owned by the parties has been sold. The
proceeds, $95,688.01, shall be given to Wife as partial
distribution of her equitable share of the marital assets as set
forth in paragraph 6.
6 . FINANCIAL ACCOUNTS, STOCKS, BONDS AND INVESTMENTS
The parties have fully disclosed their marital financial
assets totaling $345,704.00. The assets are listed in exhibit A.
The parties agree that the marital assets shall be divided 60% to
Wife ($207,422.00) and 40% ($138,282.00) to husband. Wife's share
shall include the proceeds from the sale of the marital home
$ 95,688.00), her pension retirement accounts ($31,993.00), the
$37,862.00 that Wife removed from the PNC account after the parties
separated and the remainder ($41,879.00) shall be paid in cash.
Husband shall have sole discretion in determining which assets
shall be sold. Husband shall be liable for any tax consequences
related to the sale or exchange of the stocks or bonds under his
control. After distribution of the marital assets, each party
shall maintain their separate accounts and investments and hereby
releases any interest they may have in the other's accounts or
investments.
2
7. MARITAL DEBTS
Husband shall be responsible for all debts solely in his
name and Wife shall be responsible for all debts solely in her
name. Each party agrees to indemnify and hold the other harmless
for any debt that they are responsible for pursuant to this
Agreement.
8 . PENSION AND RETIREMENT ACCOUNTS
The parties' pension and retirement accounts are included
in exhibit A. Each party shall be credited with the value of their
pension and retirement accounts toward their respective 60/40
distribution share. Husband and Wife shall maintain their separate
pension and/or retirement accounts. Husband relinquishes any and
all rights he may have in Wife's pension or retirement accounts and
Wife relinquishes any and all rights she may have in Husband's
pension or retirement accounts.
9 . SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE
Each party hereby waives, releases, discharges and gives
up any rights either may have against the other to receive
support, alimony pendente lite or alimony.
,
10 . FILING OF IRS RETURN
Husband and Wife agree to separate tax returns.
11. DIVORCE
The parties agree to cooperate with each other in
obtaining a final divorce of the marriage that Husband has filed,
Cumberland County Court of Common Pleas, docketed at 2002-0399
CIVIL TERM. Upon execution of this agreement the parties shall
sign and allow to be filed the documents necessary to obtain an
uncontested no-fault divorce.
12. ATTORNEY FEES
Each party shall be responsible for their respective
attorney fees and costs.
13 . INCORPORATION
This agreement 1S to be incorporated into any subsequent
Decree in Divorce.
3
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14 . CONTINUED COOPERATION
The parties agree that they will wi thin fifteen days
after the execution of this agreement, or request of the other
party, execute any and all written instruments assignments,
releases, deeds or notes or other writings as may be necessary or
desirable for the proper effectuation of this agreement.
15 . BREACH
If either party breaches any provision of this agreement,
the other party shall have the right, at his or her election, to
sue for damages for such breach, and the party breaching this
contract shall be responsible for the payment of legal fees and
costs incurred by the other in enforcing their rights under this
agreement or for seeking such other remedies or relief as may be
available to him or her.
16. VOLUNTARY AGREEMENT
The provisions of this agreement are fully understood by
both parties and each party acknowledges that the agreement is fair
and equitable, that it is being entered into voluntarily, and that
it is not the result of any duress or undue influence. Each
parties has had the opportunity to review this agreement and their
legal rights with an attorney.
1 7 . WAIVER OF CLAIMS AGAINST ESTATES
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,
dower, curtesy, statutory allowance, widow's allowance, right to
take in intestacy, right to take against the will of the other and
the right to act as administrator/executor of the other's estate.
18 . BINDING AFFECT
This agreement shall be binding upon the parties' heirs,
successors and assigns.
4
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19 . MODIFICATION AND WAIVER
Any modification or waiver of any of the provisions of
this agreement shall be effective only if made in writing and
executed with the same formalities as this agreement. The failure
of either party to insist upon strict performance of any of the
provisions of this agreement shall not be construed as a waiver of
any subsequent default of the same or similar nature.
20. PRIOR AGREEMENTS
It is understood and agreed that any prior agreements
which may have been made or executed or verbally discussed prior to
the date and time of this agreement are null and void.
21 . ENTIRE AGREEMENT
This agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or
undertakings other than those expressly set forth herein,
22 . DESCRIPTIVE HEADINGS
The descriptive headings used herein are for convenience
only - They shall not have any binding' affect whatsoever in
determining the rights or obligations of the parties,
23 _ APPLICABLE LAW
This agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the parties set their hands and seals
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Brenda K. Meister
5
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Commonwealth of Pennsylvania:
County of f!b.mu:.~
S5
PERSONALLY APPEARED BEFORE ME, this 5...) day of~(V<..., 2002,
a notary public, in and for the Commomvealth of Pennsylvania,
Patrick A. Meister, known to me (or satisfactorily proven to be)
the person whose name is subscribed to the within agreement and
acknowledged that he executed the same for the purposes herein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary P i
[i Notarial Seal
~'L y~, Notary Public
Camp HRI 80m, CUmberland County
My Commission Expi~ Jll~:.,~~~:_~~~_. "I
Member. P'ennsytvarlla,C",s(<'LJ~",c' (}i NOIarir>~.
Commonwealth of Pennsylvania:
ss
County of
PERSONALLY APPEARED BEFORE ME, this !/J~ay of OeCl (Ylbrr, 2002,
a notary public, in and for the Commonwealth of Pennsylvania,
Brenda K. Meister, known to me (or satisfac1:orily proven to be) the
person whose name is subscribed to the wi thin agreement and
acknowledged that she executed the same for the purposes herein
contained.
NO~ ~ft ~ Vlj-
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Notarial Seal
Belinda A Schory, Notary Public
Harrisburg, Dauphin County
My Com mission expires April 27, 2004
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Patrick and Brenda Meister
[)escription
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Home - 114 Mountain Voew Dr. Enola. Pa
200 shares BanI< of NY
200
300
75
100
100
100
150
500
105
911
315
75
100
244.53 $
405,04 $
138,98 $
251,54 $
1.460,08 $
700,96 $
285,69 S
53,91 $
341_53 $
98,76 $
950.71 $
164,40 $
437.74 $
575.76 $
369,99 $
306,63 $
190 $
335 $
1023 S
300 shares Conexant
75 sharesEDS
100 shares GAP
100 shares GAP
100 shares loIedtronics
150 shares Nooel
500 shares Tr.tveIers
105 $hales Skywo<1<s
(1) Smith Barney Capital Preservation fund
315 shares World Com
75 shat'es Xerox
100 shares Xerox
Salomon SmiIh Barney Cash Fund
244 shares Heardand Value
405 shares Neuberger & Ilefman Guardian
139 shares Nueberger & Berman Focus Fund
251 shares Nueberger & Berman (;enesjs Fund
1.460, shares Prudential Equity
701 shares T.Rowe Price Blue Chip
286 shares T,Rowe Price Emerging Markets
53 shares T_Rowe Price Equity Index 500
310 shares T.Rowe Price Financial Services Fund
97 shares T,Rowe Price Growth $loci< Fund
91" sharesT.Rowe Price Latin American
164 shares T,Rowe Price Media & Telecom
437 shares T.Rowe Price Mid Cap
561 shares T .Rowe Price New Horizons
370 shares T,Rowe Price Science Technology
385 shares T.Rowe Price Value Fund
190 shares Foot Locker Common $loci<
335 shares Fool Lodter Common Stock
1,023 shares Foot lDCker Common Stock
PNC Checking @ 10121100 - Date of Seperation
PNC Samgs @ 10121100 - Date of Seperation
Cash Surrender Value - Prurential life Insurance-policy #R 1 103 764 BeneIicialy Brenda Meis.er
Cash Sumnder Value- Prudenlial life Insurance - policy oml 103 760 Beneficiary Pa1rick Meisler
Pars Retirement Plan
Brenda's FodeIiIy Inveslments - @ 3131101
~ Per Share
$
26.75 $
1,74 $
15,82 $
12,37 $
12,37 $
46,18 $
1,33 $
14.23 $
8,12 $
11,40 $
0_10 $
7,18 $
7,18 $
$
31,92 $
10,86 $
'}2Sl $
19,81 $
11,01 $
22,99 $
10,04 $
24,46 $
1729 $
19,36 $
7,31 $
14_56 $
31,34 $
16,78 $
13.28 $
15.57 $
10,30 $
10,30 $
.10,30 $
$
$
$
$
$
$
$
Brenda's TIAA-CREF@12131JOO
Stock Options (500 shares. date of grant 4/8/98. exp dale 4J8f08. exercise price $25.2813. Mkt Price 11104102 = $10,30) $
Stock Opbons (2,000 shares. date of gran' 2/10199. eX!> date 2/10109, exercise price $4,5313. IoIkt Price 11104102 = $10,3"
Stock Options (2,000 shares, date of grant 4/12/00, exp dale ~12J10. exercise price $11.3125, Mid Price 11/04102 =: $10.30: $
Stock Options (2.000 shares. date of grant 4/11101. exp date 4/11/11. exen:ise price $12,985. MId Price 11104102 = $10,3OJ
Total Marital Assets
60% of Marital Asset Value
Less:
PNC Checking IMll1drawl made by Brenda on 11/14101
Brenda's Fidelity lnvestments- @3/31101
Brenda's TIAA - CREF@ 12131100
Net Due From Pa1rick
EXHIBIT A
As of 11/04102
Villue
95.688
5.350
522
1.187
1.237
1,237
4.618
200
7.115
853
10.3!:'1
32
539
718
1.022
7.8(]05
4.~9
3,13,7
4.91:3
16,01'5
16.115
2,868
1.319
5.9Co5
1.912
6,9!{l
2.3504
13.719
9.681
4.913
4,n4
1,957
3.451
10.537
19.378
6.748
5.000
5,147
12.321
9,24S
22.747
11.537
$
345.704
$
207.4ZI
$
(37.86:1)
(9.241;)
(22.74;')
s
$
$
137.56?
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~ if.;r.~~~~~~~~~~~~~~~~~~~~~~~~~~~;r.;r.;r.;r.;r.~;r.~~~
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
~
PENNA.
~
PATRICK A. MEISTER,
~
No.
2002-0399
CIVIL
~
Plaintiff
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~
~
~
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~
~
VERSUS
BRENDA K. MEISTER,
Defendant
~
~
~
~
DECREE IN
DIVORCE
~
~
~
~
~
~
~
~
~
b Uc "'7 k, t"},
, ZDO Z, IT IS ORDERED AND
<-I
AND NOW,
~
~
PATRICK A. MEISTER
DECREED THAT
, PLAI NTI FF,
~
~
~
~
~
AND
BRENDA K. MEISTER
, 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;
~
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~
THE MARRIAGE SETTLMENT AGREEMENT DATED DECEMBER 30,
2002 IS
INTO THIS DECREE IN DIVORCE.
By THE COURT:
PROTHONOTARY
~
J.
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