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Home My WebLink About02-1508LYNDA S. LOCKARD, Plaintiff TERRIS B. LOCKARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-/ffO~ CIVIL TERM : CIVIL ACTION - LAW : 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 following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 LYNDA S. LOCKARD, Plaintiff TERRIS B. LOCKARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : [S0(~ CIVIL TERM : NO. 2002- : : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF TItE DIVORCE CODE The Plaintiff, Lynda S. Lockard, through her attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, Lynda S. Lockard, is an adult individual who currently resides at 205 Southside Drive, Newville, Cumberland County, Pennsylvania 17241 2. The Defendant, Tetris B. Lockard, is an adult individual who currently resides at 205 Southside Drive, Newville, Cumberland County, Pennsylvania 17241. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Cumberland County, Pennsylvania. Defendant were married on December 4, 1971 in There have been no prior actions of divorce or for annulment between the parties. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the fight to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaimiff, Lynda S. Lockard, respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. § 3301(c) or 3301(d) of the Divorce Code. Date: 20O2 Respectfully submitted, Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX VERIFICATION I verify that the statements made in this Complaint are tree 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. LYN~)A S. LOCKARD, Plaintiff LYNDA S. LOCKARD, Plaintiff TERRIS B. LOCKARD, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1508 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 3rd day of April 2002, comes Thomas S. Diehl, Esquire, Attomey for the Plaintiff, Lynda S. Lockard, and states that he had cause to be mailed a certified copy of a Complaint in Divome to the Defendant, Ten'is B. Lockard, by certified, restricted delivery, return-receipt requested. A copy of said receipt is attached hereto indicating service was made on April 1, 2002. Respect f__ully submitted, Thomas S. Dieh'l Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX (Endo~ameat Requlmo~ · Complete items 1, 2, and S. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that wa can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article N:ldressed to: TERRIS B. LOCEARD 205 .S~,UTHSIDE DPIVE NE~q~E, PA 17241 ; A. Receivad by (Piease P~nt Cl~ B. Date of D~lve~ D. Isdaiiveryaddn~sdlffemnt~niteml? i"lyes If YES, enter de~h/e~ address below: [] No 3. Se~ice Type ~ Certified Mail [] Express Mail [] Registered t-1 Return Receim for Merchandise [] Insured Mail [] C.O.D. 4. Restrictad Delivery? (Extra Fee) ~ Yes z ~ N~.. 70--- ~T.,.~f~,.~1670 0001 8796 3678 PS Fora1 3811, March 2001 Domestic Return R~c~m WAYNE F. SHADE Attorney at Law 53 West Pomffet Street Carlisle, Pennsylvania 17013 LYNDA S. LOCKARD, Plaintiff TERRIS B. LOCKARD, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-1508 CIVIL TERM : : IN DIVORCE PRAECIPE TO: Curtis R. Long, Prothonotary Please enter the appearance of the nndersigned and acknowledgment of receipt of a certified copy of the Complaint on behalf of Defendant in the above-captioned matter. Date: April 15, 2002 Wayne45. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attomey for Defendant LYNDA S. LOCKARD, Plaintiff B. LOCKARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-1508 CIVIL TERM : : IN DIVORCE HUSBAND'S PETITION FOR COURT APPROVAL OF INTERROGATORIES IN EXCESS OF FORTY 1'O THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Defendant TERRIS B. LOCKARD, by his attorney, Wayne F. Shade, Esquire, respectfully represents, as follows: 1. Petitioner TERRIS B. LOCKARD is an adult individual and the Husband herein who resides at 205 Southside Drive, Newville, Cmnberland County, Pennsylvania 17241. 2. Respondent LYNDA S. LOCKARD is an adult individual and the Wife herein who is represented of record herein by Thomas S. Diehl, Esquire, of Mislitsky and Diehl, One West High Street, Suite 208, Carlisle, Pennsylvania 17013. 3. On or about March 28, 2002, Wife filed her Complaint in Divorce. WAYNE F. SHADE A~omey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 WAYNE F. SHAD[ Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 On May 15, 2002, Husband served his Interrogatories and Request for Production of Documents upon Wife. Copies thereof are attacl~ed hereto as Exhibits "A" and "B", respectively, and incorporated herein by reference as though fully set forth. When Wife refused to respond to our written discovery on the basis of the number of Interrogatories, we made the following written request to counsel for Wife on June 21, 2002: In response to your objections to the number of our Interrogatories in the above matter, we have made every effort to eliminate boilerplate, form Interrogatories in this matter and have tailored our Interrogatories to either determiine or rule out the existence of various items of marital and non-marital assets and liabilities. Boilerplate, form Interrogatories would have included many more Interrogatories than we have propounded in this case. Therefore, before we file a petition to compel responses to our Interrogatories and in accordance with the good faith requirements of local Rule 4005-1, we would invite your indication as to our propounded Interrogatories, as follows: 1. Which, if any, of our Interrogatories you deem as being beyond the scope of permissible discovery; 2. The specific bases upon which you maintain that each designated Interrogatory is beyond the scope of permissible discovery; 3. Which, if any, of our Interrogatories you deem as being prohibited by the provisions of Pa.R.Civ.P .4011; 4. The specific bases upon which you maintain that each designated Interrogatory is prohibited by the provisions of Pa.R.Civ.P 4011; -2- WAYNE F. SHADE Attorney at Law 53 West Pomfi'et Stxeet Carlisle, Pennsylvania 17013 5. Which, if any, of our Interrogatories you deem as being unnecessary to a detemfination of the existence or non-existence of factors that are pertinent to resolution of the economic issues in this case; 6. The specific bases upon which you maintain that each designated Interrogatory is unnecessary to a determination of the existence or non-existence of factors that are pertinent to resolution of the economic issues in this case; 7. Which, if any, of our Interrogatories you deem to be unreasonably propounded for any other reason; and 8. The specific bases upon which you maintain that each designated Interrogatory is unreasonably propounded for any other reason. Since our letter of June 21, 2002, to counsel for Wife, with the exception of our Interrogatory 36, Wife has refused to respond to our request to indicate which, if any, of our Interrogatories she deems to be unreasonably propounded. Since our letter of June 21, 2002, to counsel for Wife, Wife has refused to respond to our good faith efforts to reach a written stipulation as to a reasonable number of Interrogatories. As Judge Beck stated in her Opinion in Hein v. Hein, 717 A2d 1053 (Pa. Super. 1998): .... Domestic relations litigation frequently involves bittemess and hostility coupled with an unwillingness of the parties to cooperate. The parties who at one time had an intimate relationship with one another are now engaged in a fight and the: litigation process is used -3- WAYNE F. SHADE Attorney at Law 53 West Porafret Street Carlisle, Pennsylvania 17013 as an arena to resolve personal problems. However, a court cannot proceed to a fair resolution of the matter without the necessary information ..... 9. Where Wife refuses to respond to our Interrogatories or to even attempt to comply with the provisions of local Rule 4005-1, we are unable to either determine or rule out the existence of various items of income and marital and non-marital assets and liabilities. 10. Husband believes and, therefore, avers that boilerplate, form Interrogatories would have included many more Interrogatories than we have propounded in this case. 11. Husband believes and, therefore, avers that the responses to several of our Interrogatories will simply confirm that they are not applicable. 12. Husband believes and, therefore, avers that, where Wife is sufficiently hostile to him and to the process in general to refuse to voluntarily provide the requested information, he would be prejudiced and that his counsel would be guilty of malpractice if an arbitrary limitation on the number of Interrogatories in the context of this divorce litigation were to prevent him from requiring the adverse party to disclose all marital assets and liabilities that do exist and to rule out all reasonably possible marital assets and liabilities that do not exist. -4- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 13. A copy of this Petition has been forwarded to counsel for Wife prior to filing. WHEREFORE, Husband respectfully requests that your Honorable Court issue a ?~ule upon Wife to shoxv cause why Husband may not issue all of his proposed Interrogatories. Respectfully submitted, Wayne 4~. Shade, Esquire Supreme Court No. 15712 53 West Pc,mfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Husband -5- I verify that the statements made in this Petition to Compel Discovery 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: November 14, 2002 ~/~"~[ Terris B. Lockarfi'/' WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 LYNDA S. LOCKARD, Plaintiff TERRIS B. LOCKARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-15108 CIVIL TERM : IN DIVORCE INTERROGATORIES PROPOUNDED BY HUSBAND FOR ANSWER BY WIFE UNDER PA. R.C.P. NOS. 1930.5, AND 4005 Initial Set TO: Lynda S. Lockard and Thomas S. Diehl, Esquire Mislitsky and Diehl, her attorneys PLEASE TAKE NOTICE That you are hereby required, pursuant to Pennsylvania Rule of Civil Procedure No. 1930.5 to file and serve upon the undersigned, within thirty (30) days from service hereof, your Answers, in writing and under oath, to the following Interrogatories. These Interrogatories shall be deemed to be continuing Interrogatories. If, between the preparation of your Answers to the following Interrogatories and the time of any hearings in this case you or anyone acting on your behalf should learn the identity or whereabouts of any persons having knowledge of discoverable matters, the identities of any persons expected to be called as expert witnesses, the subject matter of such expected expert testimony, the substance of such expected expert testimony or of additional requested intbrmation not supplied in your Answers, you shall promptly furnish the same to the undersigned by Supplemental Answers. If between the EXHIBIT "A" preparation of your Answers to the following Interrogatories and the time of any hearings in this case you or anyone on your behalf should obtain information upon the basis of which you know that an earlier Answer to the following Interrogatories was incorrect when made or, though correct when made, is no longer true, you shall promptly furnish the same to the undersigned by Supplemental Answers. These Interrogatories are addressed to you, but all references to you shall be deemed to also include references to anyone acting on your behalf, including any agents, servants, employees or independent contractors. The subject matter of these proceedings is the: above-captioned pending divorce S. It is hereby certified that these Interrogatories were mailed to counsel for Plaintiff date by the undersigned. Date: May 15, 2002 Wayne F. Shade Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attomey for Husband WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 1. With respect to your separation for the purposes of §3301(d)(1) of the Divorce Code of Pennsylvania, please state whether or not you agree that the date of separation was on or about February 24, 2002, and if not, please: state, as follows: (a) The date of separation; (b) The reasons why you indicate that date as the date of separation; and (c) In the event that you take the position that you do not know the date of separation or deny that there is a separation, then as to any question hereinafter that requires information as of the date of separation, please use the date of February 24, 2002. 2. With respect to any of your positions of employment as an employee from three years prior to the date of separation to the date of your Answers to these Interrogatories, other than any of your positions in which you are or were an owner or partial owner of an entity or the shares of an entity, please state, as follows: (a) Name of the employer; -3- WAYNE F. SHADE Aitomey at Law 53 West Pomfi'et Street Carlisle, Pennsylvania 17013 (b) Address of principal office of employer; (c) Address of your principal place of employment; (d) Date employment was commenced; (e) Date employment was terminated, if terminated; (0 Dates of interruption in employment, if any; (g) Reasons for each interruption in employment, if any; (h) Frequency of your pay period; (i) Gross pay per pay period; -4- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (j) Itemized deductions from pay; (k) Anticipated date of any change in pay; (1) Anticipated amount of any change in pay; and (m) Gross pay received from the employer dnring your most recent complete income tax year. 3. With respect to any pension, profit sharing, stock option, stock purchase plans or other tax-deferred employee or self-employed accounts in which you have had an interest during the marriage, please state, as follows:: (a) The name and account number and type of each such plan; (b) The date when you first began to participate in each such plan; and (c) With respect to the aforesaid plans that are other than defined benefit plans, the value at the date of separation. -5- WAYNE F. SHADI Atlome3, at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 4. If, from three years prior to the date of separation to the date of your Answers to these Interrogatories. you have been self-employed or employed as an independent contractor, please state, as follows: (a) The names and addresses of all persons for whom you did work; (b) The average number of times per year that you would have done work for each )erson; (c) The average number of hours that you would have worked for each person on ~ach date; and (d) The average amount of compensation that you would have received from each i person on each date. -6- WAYNE F. SHADI Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 5. With respect to all financial institutions, other than stock brokerage firms or mutual funds or the like, which have held funds in which you have or had a legal or equitable interest from three years prior to the date of separation to the date of your Answers to these Interrogatories, including accounts on which your name did not appear but in which you or anyone else deposited any funds for your benefit, state, as follows: (a) Name and address of the office with which you do business; (b) Form of accounts as checking, savings, money market, certificate of deposit, retirement account or the like; (c) Account numbers; (d) Names and addresses of co-owners, if any; -7- WAYNE F. SHAD] Attorney at Law 53 West Pomfrel Street Carlisle, Pennsylvania 17013 (e) Names and family relationships of co-owners with family relationships with you, if any; (f) Dates that the accounts were opened; (g) If the accounts were opened in your name or with others than your spouse after the date of separa!ion, the source of the funds tbr opening the accounts; -8- WAYNE F. SHAD] Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (h) Dates, amounts, recipients and purposes of all separate checks or other withdrawals in excess of $5,000 from each account (luring the three years prior to the date of your Answers to these Interrogatories; (i) The maximum balances of each of the accounts during the requested period; and O) The balances of each of the accounts on the date of separation. 6. With respect to all stock brokerage firms or mutual funds or the like which have held funds in which you have or had a legal or equitable interest from three years prior to the date of separation to the date of your Answers to these Interrogatories, including accounts on which your name did not appear but in which you or anyone else deposited any funds for your benefit, state, as follows: (a) Name and address of the office with which you do business; -9- WAYNE F. SHADI Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (b) Form of accounts; (c) Account numbers; (d) Names and addresses of co-owners, if any; (e) Names and family relationships of co-owners with family relationships with ~ou, if any; (f) Dates that the accounts were opened; (g) If the accom~ts were opened in your name or with others than your spouse after the date of separation, the source of the funds for opening the accounts; -10- WAYNE F. SHADI Atlorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (h) Dates, amounts, recipients and purposes of all separate withdrawals in excess of $10,000 from each account during the three years prior to the date of your Answers to these Interrogatories; (i) The maximum balances of each of the accounts during the three years prior to the date of your Answers to these Interrogatories; and (j) The balances of each of the accounts on the date of separation. 7. If any of the foregoing accounts in which you have or had an interest were deposited outside the United States of America, please identify the accounts and state why you held assets outside the United States of America. 8. Except as previously answered in response to these Interrogatories, with respect to any types of investment securities, including, but not limited to, stocks, bonds, futures, -11- WAYNE F. SHAD] Attorney at Law 53 West Pomfret Street Carlisle, P~nnsylvania 17013 commodities contracts, mutual funds, stock funds, money market funds, municipal bond funds, gold funds and real estate investment trusts in which you have or have had a legal or equitable interest from three years prior to the date of separation to the date of your Answers to these Interrogatories, please state, as follows: (a) Name and address of issuer; (b) Date of acquisition; (c) Number of shares held; (d) Type of shares as common, preferred or the like; (e) Purchase price or value of other consideration paid per share; (f) Value at date of separation; -12- WAYNE F. SHADE Attorney at Law 53 West Pomfrct Street Carlisle, Pennsylvania 17013 (g) Names, addresses and family relationships, if any, of any co-owners; and (h) Your fractional interest if less than 1 O0 percent interest. 9. If you sold, pledged or otherwise transferred or encumbered any of the aforesaid investment securities in which you had an interest from three years prior to the date of separation to the date of your Answers to these Interrogatories, please state, as follows:- (a) Name and address of issuer; (b) Type of security; (c) Date of transfer; (d) Number and denominations of securities, transferred; -13- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (e) Sale price or value of other consideration received; (f) Value the securities had or would have had at date of separation; (g) Names, addresses and family relationships, if any, of any co-owners; (h) Your fractional interest if less than 100 percent interest; and (i) Names, addresses and family relationships, if any, of all transferees. 10. With respect to any notes, mortgages, certificates of deposit or other similar investments in which you have had an ownership interest from three years prior to the date of separation to the date of your Answers to these Interrogatories, please state, as follows: (a) Name and address of debtor; -14- WAYNE F. SHADE Attorney at Law 53 West Pomfi-et Street Carlisle, Pennsylvania 17013 (b) Type of security as U.S. Savings Bonds, other government bonds, mortgages or the like; (c) Maturity dates; (d) Date acquired; (e) Purchase price or value of other consideration paid; (f) Value at date of separation; (g) Applicable interest rate; and (h) Security for the obligation, if any. -15- WAYNE F. SHADI AUomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 11. If you sold, pledged or otherwise transferred or encumbered any bonds, mortgages or other evidences of indebtedness in which you had an interest from three years prior to the date of separation to the date of your Answers to these Interrogatories, flease state, as follows: (a) Name and address of debtor; (b) Particular indebtedness transferred; (c) Names, addresses and family relationships, if any, of all transferees; (d) Date of transfer; (e) Sale price or value of other consideration received; -16- W^YNE F. SHAD! Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (f) Value the obligations had or would have had at date of separation; (g) Names, addresses and family relationships, if any, of any co-owners; and (h) Your fractional interest if less than 100 percent interest. -17- WAYNE F. SHADI Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 12. As to any cash, checks or other written instruments of an accumulated value in excess of $5,000 that, from three years prior to the date of separation to the date of your Answers to these Interrogatories, you have had in your possession or to which you have had access and which are not otherwise disclosed in response to any other Interrogatory herein, please state, as tbllows: (a) Description of each as among cash or the specifics of any checks or other written instruments; (b) From whom you received each; (c) The dates that you received them; (d) The values of each; and (e) The present whereabouts of each. -18- WAYNE F. SHADE Attorney al Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 13. As to any gambling winnings or losses of more than $500 fi.om three years prior to the date of separation to the date of your Answers to these Interrogatories, please state the form of gambling and the dates and amounts of each win or loss. 14. With respect to any individual or commercial lenders to whom you are, or have, fi.om three years prior to the date of separation to the date of your Answers to these Interrogatories, been indebted, other than the mortgage against the marital dwelling at PNC Bank and credit card accounts, please state, as follows: (a) Name, address and family relationship, if any, of the creditor; (b) Purpose for the loan; (c) Initial total liability; (d) Total liability at the date of separation; -19- WAYNE F. SHADE Attorney at Law 53 West Pomfi-¢t St~t Carlisle, Pennsylvania 17013 (e) Names, addresses and family relationships, if any, of any co-obligors; (f) Names, addresses and family relationships, if any, of any sureties or guarantors; (g) Amount and interval of payment; (h) Present principal balance due; (i) Expected dale of full payment; and (j) Identification of assets pledged as collateral with designation of the obligation to which it is pledged. -20- WAYNE F. SHAD~ Attorney at Law 53 West Porafrel Street Carlisle, Pennsylvania 17013 15. With respect to any credit card accounts ilo which you have been a party from three years prior to the date of separation to the date of your Answers to these Interrogatories, please state, as follows: (a) Name and address of the creditor; (b) Account number; (c) To whom the card was issued; (d) Date opened; (e) Credit limit; (f) Names, addresses and family relationships, if any, of any other persons who are authorized to use it; -21- WAYNE F. SHAD[ Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 and (g) The maximum balances of each of the accounts during the requested period; (h) If the account were closed, the date that it was closed. 16. With respect to each parcel of real estate in which you have had a legal or equitable interest from three years prior to the date of separation to the date of your Answers to these Interrogatories, other than as held jointly with your spouse, please state, as follows: (a) Address; (b) Type of property as among undeveloped land, single-family residence, condominium, office or other commercial or industrial; (c) Fomx and percentage of your title; -22- WAYNE F. SHADE Attorney at Law 53 West PoInfret Street Carlisle, Pennsylvania 17013 (d) Date of acquisition; (e) Purchase price or value of other consideration paid; Present value; and (g) Names, addresses, family relationships, if any, and extents of ownership of co- owners, if any. 17. If any of the real estate in which you have had an interest from three years prior to the date of separation to the date of your Answers to these Interrogatories, other than with your present spouse, is income producing., please state, as follows: (a) The address of each such property which has produced income; (b) The names, addresses and family relationships, if any, of all persons or entities paying income; -23- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 and (c) The provisions of any written or oral leases; (d) The total amount of income received with respect to each property; (e) The total amount of income remaining due with respect to each such property; (f) Detail any reductions in income with respect to any of the properties within the mst three years. 18. With respect to any interest in real estate',, except as owned jointly with your >resent spouse, which you have transferred from three years prior to the date of separation to the date of your Answers to these Interrogatories, please state, as follows: (a) Address of the property; -24- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (b) Type of property as among undeveloped land, single-family residence, condominium, office or other commercial or industrial; (c) Date of transfer; (d) Extent of interest transferred; (e) Consideration received for transfer; (f) Identification of any encumbrances paid in connection with the transfer; (g) Amounts of encumbrances paid in connection with the transfer; and (h) Names, addresses and family relationships, if any, of transferees. -25- W^~E F. SHADI Attorney at Law 53 West Pomfret Street Carlisle, Parmsylvania 17013 19. With respect to all airplanes, boats or other motor vehicles which you have owned in your own name or with others other than your spouse from three years prior to the date of separation to the date of your Answers to these Interrogatories, please state, as follows: (a) Type of vehicle; (b) Year of manufacture; (c) Name of manufacturer; (d) Make and model; (e) Year of purchase; (f) Purchase price or value of other consideration paid; (g) Value at the date of separation; (h) Present value; (i) Basis for each valuation; and -26- WAYNE F. SHADE Attorney at Law 53 West Pomfi'et Street Carlisle, Pennsylvania 17013 (j) Amounts of present encumbrances, if any. 20. If any of the aforesaid motor vehicles have been sold, please state, as follows: (a) The name and address of the purchasers; (b) Year of sale; (c) Sale price; and (d) What was done with the proceeds. 21. With respect to all safes, lock boxes or safe deposit boxes which have held property in which you have had an interest from three years prior to the date of separation to the date of your Answers to these Interrogatories, including safes or safe deposits boxes that are not in banks and including safe deposit boxes on which your name did not appear but in which you or anyone else deposited any assets for your benefit, state, as follows: -27- WAYNE F. SHADI Aaomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (a) Name and address of the location of the safe or safe deposit box; (b) Number or other specific designation ofllhe safe or safe deposit box; (c) Names, addresses and family relationships, if any, of all owners; (d) The date that you first acquired an interest in the safe or safe deposit box or its contents; and (e) A complete inventory of all of the contents of the safe or safe deposit box from three years prior to the date of separation to the date of your Answers to these Interrogatories. -28- WAYNE F. SHAD] AItorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 22. Except as otherwise stated in response to previous Interrogatories and except as to items owned jointly with your present spouse, with respect to any single items of property of a value in excess of $1,000 and in which you have or have had any interest, regardless whether the property is in your possession or the possession of another, from three years prior to the date of separation to the date of your Answers to these Interrogatories, including, but not limited to, household furnishings, personal effects, jewelry, guns, vehicles, antiques, collections and all other tangible and intangible types of >ersonal property, please state, as follows: (a) Description of the item; (b) Names, addresses and family relationships, if any, of any co-owners; (c) Extent of your ownership interest; (d) Present location; (e) Date of acquisition; -29- WAYNE F. SHAD] Allomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (f) Purchase price or value of other consideration paid; (g) Presentvalue;and (h) Basis of that valuation. -30- WAYNE F. SHADE Attorney at Law 53 West Pomfret Sixeet Carlisle, Pennsylvania 17013 23. With respect to all life insurance policies on your life or in which you have had an interest, as a beneficiary or otherwise, from three years prior to the date of separation to the date of your Answers to these Imerrogatories, as owner, insured, beneficiary or otherwise, please state, as follows: (a) Names, addresses and telephone numbers of the agent and the insurer; (b) Names, addresses and family relationships, if any, of persons insured; (c) Type of policy as among term, whole life:, universal life or the like; (d) Policy number; (e) Policy owner; (f) Face amount of policy; -31- WAYNE F. SHADE Attorney at Law 53 West Pomfret Stree! Carlisle, Pennsylvania 17013 (g) Names, addresses and family relationships, if any, of beneficiaries; and (h) Cash surrender value at date of separation, if any. 24. As to any donations or other girls which you have made to any charities or other recipients in excess of $500 to any single recipient per year from three years prior to the date of separation to the date of your Answers to these Interrogatories, please state, as follows: (a) Date of the donation or other girl; (b) Name of the recipient; (c) Address of the recipient; -32- WAYNE F. SHAD] Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (d) Amount of the donation or other gift; (e) Purpose of the donation or other girl; (f) Whether or not the donation or other gift were income tax deductible; (g) To the extent that a donation or other girl was not income tax deductible, the reason therefor; and (h) The specific account or other sources from which the funds for the donation or other gift were taken. -33- WAYNE F. SHADE Attorney at kaw 53 West Pomfret Street Carlisle, Pennsylvania 17013 25. With respect to any inheritances or gifts of a value in excess of $1,000 per nheritance or gift which you have received during the marriage from anyone other than ?our present spouse, please state, as follows: (a) The names of the decedents or donors; (b) The dates and amounts received; (c) The dates and amounts of deposit or registration of any such inheritances or gifts in joint names with your present spouse; and (d) The dates and amounts of withdrawal or transfer of any such inheritances or gifts from joint names with your present spouse. 26. If you have reason to expect that you will receive a gift or inheritance within the next two years of a value in excess of $1,000, state, as follows: (a) The name, address and age of the expected benefactor; -34- WAYNE F. SHAD] Attorney at Law 53 Wes! Pomfret Street Carlisle, Pennsylvania 17013 (b) The approximate value of the estate of the expected benefactor; (c) A description of the gift or inheritance; and (d) The approximate value of the expected gift or inheritance. -35- WAYNE F. SHADI Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 27. Except as previously answered in response to these Interrogatories, as to any assets which you received either before or during marital cohabitation and which you contend are not marital property, please state, as follows: (a) Description of each; (b) From whom you received each; (c) The dates that you received each; (d) The reasons why you say that they are not marital property; (e) The values of each when you received them; (f) The basis for your values of each when you received them; (g) The current values of each; -36- WAYNE F. SHADE At~omey at Law 53 West Pomfrct Street Carlisle, Pennsylvania 17013 (h) The basis for your current values of each; (i) Each place that each has been held since you received each; (3) The dates of any transfers of each from one place to another; (k) The reasons for any transfers of each from one place to another; and (1) The present whereabouts of each. 28. State whether or not you have any claims or causes of action against any third parties; and, if so, state, as follows: (a) The names and addresses of the parties against whom you have such claims; -37- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (b) Whether or not such claims accrued after the marriage and prior to the date of final separation; (c) If not, why you contend that they did not:; and (d) The stares of such claims as to efforts to enforce them and whether or not they have been paid. -38- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 29. List the names, addresses and telephone numbers of all persons whom you may call as non-expert witnesses at any hearings in this matter and the substance of the testimony of each. -39- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 30. List the names, addresses and telephone numbers of each person you expect to call as an expert witness at any hearings in this matt,:r and state the subject matter on which each person is expected to testify. -40- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 31. As to each person identified as an expert witness, please state the substance of the facts and opinions to which he or she is expected to testify and the grounds for each opinion. Signature o~f Expert *A report, personally signed by your expert, may be furnished in lieu of your answer to this Interrogatory. If you elect to furnish reports in lieu of an answer, then please indicate in the space above the date of each such report and the persons by whom they were prepared. -41- WAYNE F. SHADE Attorney at Law 53 West Pom£rct Street Carlisle, Pennsylvania 17013 32. If you have provided us with a copy of an expert report, does the expert have any additional opinions or knowledge of any additional factual matters not contained in said report? If so, please explain. -42- WAYNE F. SHADE A~omey at Law 53 Wesl Pomfret Street Carlisle, Pennsylvania 17013 33. For each person identified as an expert witness, please set forth all facts on which you intend to rely at any hearings in this case to establish his or her qualifications as an expert witness. -43 - WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 34. Please list any and all documents, writings or records in your possession or to which you have access which support your answers to these Interrogatories; or in lieu thereof, please attach, to our Request for Production of Documents, copies thereof. -44- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, pennsylvania 17013 35. If any of the witnesses listed in your answers to these Interrogatories be related to you or to each other in either a business, professional, social or family relationship, please identify the persons so related and the nature of each relationship. 36. With respect to your physical and mental health, from three years prior to the date of separation to the date of your Answers to these Interrogatories, please state, as follows: (a) Whether or not you are or have been under the care of a licensed health care provider; (b) If so, please state, as follows: (1) The name, address and telephone m~mber of the provider; (2) The particular type of practice of the provider; (3) The date that you first consulted the provider; -45- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (4) The reason for consulting the provider; (5) The date that you most recently consulted the provider; (6) The medical diagnosis of your condition; and (7) The medical prognosis of your condition; (c) Whether or not you are or have been taking any prescription medication; and, if so, please state, as follows: (1) The name of the medication; (2) The purpose for the medication; (3) The name of the provider who prescribed the medication; and (4) The date that the medication was prescribed; (d) Whether or not you are or have been hospitalized; and, if so, state, as follows: (1) The name, address and telephone number of the hospital; -46- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (2) The admission and discharge dates; (3) The name of the attending physician; and (4) The purpose for the hospitalization. 37. As to any of the aforesaid Interrogatories that you did not understand, please state, as follows: (a) The number of the Interrogatory; and (b) What it was about the Interrogatory that you did not understand. -47- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 I verify that the statements made in the foregoing Interrogatories 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: Lynda S. Lockard WAYNE F. SHADE Attorney at Law 53 West Pomfret SUeet Carlisle, Pennsylvania 17013 LYNDA S. LOCKARD, Plaintiff Mo TERRIS B. LOCKARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002-11508 CIVIL TERM : IN DIVORCE HUSBAND'S REQUEST FOR PRODUCTION OF DOCUMENTS PURSUANT TO PA. R.C.P. NOS. 1930.5 AND 4009.1 ETSEQ. TO: Lynda S. Lockard and Thomas S. Diehl, Esquire Mislitsky and Diehl, her attorneys In accordance with Pa. R.C.P. 1930.5, please furnish, at our expense, at our office on or before thirty (30) days from the date of service of this Request for Production of Documents, a photostatic copy or like reproduction of the following matters concerning the above-captioned action or its subject matter, or, in the alternative, produce the said materials within said time to permit inspection and copying thereof: 1. Copies of all personal financial statements to which you were a party, either alone or with your spouse or others, indicating your assets and liabilities and which were prepared for any purpose for the period from ten years prior to the date of separation to the date of your response to this Request or from the dates of any secured or unsecured promissory notes, mortgage notes, judgment notes, security agreements or other evidences of indebtedness that were outstanding on the date of your response to this Request. EXHIBIT "B" WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 2. Copies of all loan applications to which you were a party, either alone or with others other than your spouse, from ten years prior to the date of separation to the date of to this Request or from the dates of any secured or unsecured promissory mortgage notes, judgment notes, security agreements or other evidences of indebtedness that were outstanding on the date of your response to this Request. For the purpose of all requests herein, the date of separation shall be regarded as February 24, 2002. 3. Copies of all credit card applications to which you were a party, either alone or with others other than )'our spouse, from ten years prior to the date of separation' to the date of your response to this Request. 4. Copies of all secured or unsecured promissory notes, mortgage notes, judgment notes, security agreements or other evidences of indebtedness to which you were a party, either alone or with others other than your spouse, for the period from ten years prior to the date of separation to the date of your response to this Request or from the dates of any unsecured promissory notes, mortgage notes, judgment notes, security ~ther evidences of indebtedness that were outstanding on the date of your response to this Request. 5. Copies of all bank statements for each statement period covering each bank account to which you were an authorized signatory or otherwise a party, either alone or with others, including your spouse, from three years prior to the date of seParation to the date of your response to this Request. -2- WAYNE F. SHADE Altorney at Law 53 West Pomfret Sheet Carlisle, Pennsylvania 17013 6. Copies of all check registers or check stubs for all bank accounts to which you were an authorized signatory or otherwise a party, either alone or with others, including tour spouse, from three years prior to the date of separation to the date of your response :o this Request. 7. Copies of all statements for all stock brokerage, mutual fund or other investment accounts which have held funds in which you have or had a legal or equitable interest, either alone or with others, including your' spouse, from three years prior to the date of separation to the date of your response to this Request, including accounts on which your name did not appear but in which you .or anyone else deposited any funds for your benefit. 8. Copies of all deeds executed and delivered, during the marriage, to you or to you and others other than your spouse as grantees. 9. Copies of all deeds executed and delivered, during the marriage, by you or by you and others other than your spouse as grantors. 10. Copies of all statements of the closing of all transactions relating to all deeds executed and delivered, during the marriage, by you or by you and others other than your spouse as grantors. 11. Copies of the monthly credit card statements for all credit card accounts with respect to which you have been authorized to make charges from three years prior to the date of separation to the date of your response to this Request. 12. Copies of all documentary evidence regarding any transfers to you or to any entities in which you have or have had an interest, other than entities that are publicly -3- WAYNE F. SHADt Attorney at Law 53 West Pomfi'et Street Carlisle, Pennsylvania 17013 traded, of cash or other personal property having a fair market value of more than Five Thousand and No/100 ($5,000.00) Dollars from tlu'ee years prior to the date of separation to the date of your response to this Request. 13. Copies of all documentary evidence regarding any transfers by you or by any entities in which you have or have had an interest, .other than entities that are publicly traded, of cash or other personal property having a fair market value of more than Five Thousand and No/100 ($ 5,000.00) Dollars from three years prior to the date of separation to the date of your response to this Request. 14. Copies of all documents requested in our Interrogatories propounded herein md not otherwise produced in response to this Request for Production of Documents. 15. Copies of all reports, records or other documents, reviewed or identified by 'ou or anyone acting on your behalf in preparation of your responses to our Interrogatories propounded herein and not otherwise produced in response to this Request. 16. A copy of your current income and expense statement in the format employed by the Cumberland County Domestic Relations Office. This Request for Production of Documents shall be deemed to be continuing and shall apply to Supplemental Answers to the Interrogatories presently issued and to all Answers and Supplemental Answers to all sets of our Interrogatories issued hereafter. -4- WAYNE F. SHADE Attorney at Law 53 West Pomftet Street Carlisle, Pennsylvania 17013 It is hereby certified that a tree and correct copy of this Request for Production of Documents was mailed to counsel for Plaintiff on this date by the undersigned. Date: May 15, 2002 Respectfully submitted, Wayne F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Husband -5- WAYNE F. SHADE Attorney at Law ~t' 53 West Pomfret Street Carlisle, Pennsylvania 17013 LYNDA S. LOCKARD, Plaintiff Vo TERRIS B. LOCKARD, Defendant : IN THE C, OURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002.-1508 CIVIL TERM : : IN DIVORCE ORDER OF COURT AND NOW, this a2,6 r_g day of '~~c/xO, J, 2002, upon consideration of the within Petition, it is hereby ordered, as follows: (1) A Rule is issued upon Wife to show cause why Husband may not issue all of his proposed Interrogatories; (2) Wife shall file an Answer to the Petition within service of this Order; and (3) Argument shall be held thereon on ~)~.~a/r~.~z~ ~ , 200,:% at ~; ~O days of the date of o'clock ?.M. in Courtroom No. · , Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, .Thomas S. Diehl, Esquire Mislitsky and Diehl Attorneys for Plaintiff ,Wayne F. Shade, Esquire Attorney for DeI~ndant LYNDA S. LOCKARD, Plaintiff VS. TERRIS B. LOCKARD, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1508 CIVIL CIVIL ACTION - LAW IN RE: PETITION FOR COURT APPROVAL OF INTERROGATORIES IN EXCESS OF FORTY ORDER AND NOW, this ~_ s' '- day of November, 2002, at the request of counsel for the defendant, argument in the above captioned matter set for December 5, 2002, is continued to Thursday, January 2, 2003, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Thomas S. Diehl, Esquire For the Plaintiff Wayne F. Shade, Esquire For the Defendant BY THE COURT, Hess, J. %, :rim LYNDA S. LOCKARD, Plaintiff TERRIS B. LOCKARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1508 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WIFE'S RESPONSE TO ItUSBAND'S PETITION FOR COURT APPROVAL OF INTERROGATORIES IN EXCESS OF FORTY AND NOW, comes the Respondent, Lynda S. Lockard (hereinafter "Wife"), by and through her attorney, Thomas S. Diehl, Esquire, who avers the following response to Husband's Petition: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. Wife has responded to Husband's Interrogatories through letters dated June 11, 2002; July 2, 2002; and July 16, 2002, attached hereto as Exhibits "A," "B," and "C" respectively, in which she indicated that Husband's submitted Interrogatories were excessive. 7. Denied. Wife has responded to Husband's Interrogatories through letters dated June 11, 2002; July 2, 2002; and July 16, 2002, attached hereto as Exhibits "A," "B," and "C" respectively, in which she indicated that Husband's submitted Interrogatories were excessive. 8. This paragraph is a statement of law to which nc, response is necessary. noted above. 10. Denied. Wife had responded as indicated in response to Paragraphs 6 and 7 as Admitted in part, and denied in part. It is admitted that Husband could have included even more Interrogatories than were submitted, it is denied, however, that the ability to create a greater burden would make the existing amount of Interrogatories reasonable. 11. Admitted in part, and denied in part. Wife admits that it is likely that responses to some of the Interrogatories may help narrow the issues in this matter, it is denied, however, that this option has been made available to Wife as Husband has demanded answers to all 200+ Interrogatories in lieu of narrowing the scope to the matter at hand. 12. Denied. Wife denies that she has exhibited any hostility towards Husband or the domestic process. It is further denied that Husband's counsel would be subjecting himself to malpractice without submitting an excessive amount of Interrogatories. It has been offered that the parties may rule out the existence of undisclosed marital assets and liabilities through a full disclosure clause in the parties' property settlement agreement, through requiring Husband to gather documentation already available to him, and through a reasonable: number of Interrogatories. 13. Admitted. NEW MATTER 14. Paragraphs 1 through 13 are incorporated herein by reference. 15. Wife filed a divorce action on March 28, 2002. 16. The only marital assets known to Wife with value in excess of $5,000.00 are: (a) Marital residence; (b) Husband's retirement; (c) Wife's mutual fund; and (d) Parties' automobiles. 17. In April 2002, the parties exchanged statements of Husband's retirement and Wife's mutual fund indicating their then present value. 18. Given the straightforward nature of the parties' marital estate, Wife was surprised to receive what she perceived as an unreasonably extensive amount of Interrogatories, and communicated such to Husband. 19. In lieu of attempting to limit the volume of discovery, Husband responded with a letter dated June 21, 2002, attached hereto as Exhibit "D," requiring Wife to provide an eight-point response to each submitted Interrogatory. 20. Wife avers that Husband's response, in the: form of his June 21, 2002 correspondence, increased the burden of the prior Interrogatories and was not a good faith effort to limit the number of Interrogatories in compliance with Local Rules of Court. 21. As Husband continues to reside in the marital residence, he has direct access to the vast majority of the parties' financial records. 22. It would be an undue burden and expense upe,n Wife to respond to Husband's Interrogatories as presented. 23. Wife is, and has been willing to share documentation available to her regarding the marital estate and to stipulate in writing to the non-existence of marital assets beyond the parties' knowledge through a property stipulation and agreement and/or in response to a reasonable number of Interrogatories. WHEREFORE, Wife requests this Honorable Court to enter an Order compelling Husband to limit the number of his Interrogatories to forty (40), or in the amount that the Court deems reasonable given the limited scope of the marital estate. Dates: December 12, 2002 Respectfully submitted, Thomas S. Diehl Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pe~msylvania 17013 (717) 240-0833 (717) 240-0893 - vtOC CERTIFICATE OF SERVICE I hereby certify this 12th day of December 2002, that a tree and correct copy of the foregoing document was served on the following individual via first-class mail, postage prepaid: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, Pennsylvania 17013 Thomas S. Diehl, Esquire VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the: penalties of 18 Pa.C.S. § 4909 relating to unswom falsification to authorities. LYNDA LOCKARD, Respondent EXHIBIT A MISLITSKY THOMAS S. E)IEH L, AND ESQUIRE ESQUIRE DIEHL P.O. Box (717) 240.-0Ei33 .=.cs.*,~.~-(7 ! 7) 240-0893 FiLE No. 02133 June 1 I, 2002 Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 RE: Lynda S. Lockard v. Terris B. Lockard In Divorce Dear Wayne: I have had an opportunity to review your interrogatories with Ms. Lockard. Please be advised that we object to the scope and volume of the interrogatories. We request that you submit interrogatories in compliance with local Rules. Thomas S. DiehI TSD/klh cc: Lynda S. Lockard EXHIBIT B MISi'ITSKY AND DIEHL THOMAS S. DIEHL. ESOUIRE ~::~ICHAR~ I=. MiSL;~-$Ky. ESQUIRE PO. Box !290 ~717) 340-0833 ~*cs,~n.l¢-(7 I 7) 2'40-0893 + ~ '3' FiLE NO. 02 ! 33 July 2, 2002 Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 RE: Lynda S. Locl~ard v. Terri~ B. Locl~ard In Divorce Dear Wayne: Your letter of June 2 I, 2020, which requests objections to specific questions, misses the point. With one exception which I will address below, it is not flze individual questions that are a problem, but the collective volume of the inquiries. By my count you have submitted over 200 inquiries, which is an unreasonable burden to place upon Ms. Lo~kard, particularly given that much of this information is already available to Mr. Lockard. [ would generally stipulate to fifty., and in some cases sixLy questions, but 200 simply places an. unreasonable burden and expense upon Ms. Lockard. I would recommend that Mr. Lockard do some investigation of his own in order to narrow the breadth of the interrogatories. The specific inquio' that Ms. Lockard objects to concerns Number 36. ',vhich addresses her physical and mental health. We would argtre that that information is privileged and not suitable fi~r discover~.. - TSD, kIh cc: Lynda S. Lock.~rd Very.' truly' ?ours. EXHIBIT C MlSLitSKY AND DiEHl THOMAS S. DIEHL, ESQUIRE RIChARO P. MISLiTSKY, ESQUIRE REPLY ?0: CARLISL! Ole~F P.O* BOX 1290 (? 1 ?) FILE No. O2133 July 16, 2002 Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 RE: Lynda S. Lockard ~. Terris B. Lockard In Divorce Dear Wayne: I having Ms. Lockard forward documentation' of any martial assets and debts to my office, and will forward copies to your attention upon receipt of the same. In response to your July 8. 2002, I have nothing further to add to my prior objections to the breadth of your interrogatories. If Mr. Lockard insists upon Ms. Lockard bei~ng the unreasonable burden of responding to the interrogatories as proposed, I must recommend to Ms. Lockard that she file for APL to mitigate her legal expenses in this matter. Regarding your earlier questions concerning real estate taxes and the federal income tax return, I have not yet received a response from Ms. Lockard. By copying her into this correspondence, ! am requesting that she contact me directly to discuss this matter so that I may tbrward a response to you. y )'ours. TSD/klh cc: Lynda S. Lockard EXHIBIT D (717) 243-0220 June 21, 2002 FACSIMILE TO 240-0893 Thomas S. Diehl, Esquire Mislitsky and Diehl One Wes~ High Street, Suite 208 Carlisle, Pennsylv~ia 17013 Re: Lockard v, Lockm'd Your File No. 02133 Dear Tom: In response to your objections to the number of our Interrogatories in the above matter, we have n~de every effotx to eliminate boilerplate, :form IrSen'ogatories in this matter and have tailorcd our Interro~k,ties to either determine or ale out the existence of various items of marital and non-marital assets and liabilities. Boilorplate, form Interro~alories would have included many more Interrogatories than we have propounded in this c&sc. Therefore, before we file a petition to compel responses to our Interrogatories and in accordance with the good faith requirements of local Rule 4005. I, we would invite your indication as to our propounded Intcn~gatories, a~ follows: 1. Which, if any, of our Interrogatories you deem as being beyond the scope of permissible discovery; 2. The specific bases upon which you maintain that each designated lmterrogato~' is beyond the scope of permissible disc~'ery; 3. Which, if any, of our Intc~-rogatofics you deem as being proh/bitcd by the provisions ofPa. R.Civ. P 4011; 4. /he specific bases upon which you malt. tala that each designated InterrogatoD, is prohibited by the provisions of Pa.R.Civ.P 40 l 1; JUN 2 1 2002 Wayne F. Shade, F..squir~, Thomas S. Diehl, Esquire Sune 2 I, 2002 Page 2 5. W'aicl~ ffany, of our Imerrogatorie~ you deem as being unnecessary to a de~erm!~aiion of the c.xistmce or non-existence of factors ~ha~ a~ peflinent to resolution of the economic issues in this case; 6. The specific bases upon wh/ch you mainmJ, th3t ~ch designated Inicrrogatory is unnecessary to a determination of the existence o~ non-~xistmce of factors that are pertinent to resolution of the economic issues in this case; 7. Which, [fan.v, of our ~tqa~orie6 you deem to be unreasonably propounded for any other resson; and 8. The specific bases upon which you maintain that each designated Interrogatory is unreasonably propounded for any off,er reason. We would suggest that, ifLynda is truly interested kt good f~th in brin.~ng this case to a conclusion, it would be a simple matter for her to x~,pond to the Interrogatories that we have propounded. Very truly yours, LYNDA S. LOCKARD, Plaintiff TERRIS B. LOCKARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-1508 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE TO: Curtis R. Long, Prothonotary Please enter our acceptance of service of Defendant's Petition for Court Approval of Interrogatories in Excess of Forty and the Orders of November 20, 2002, and November 25, 2002, issued pursuant thereto. Date: DecemberS3,2002 MISLITS~ ~ By: ~-'~~~~ Thomas S. Diehl, Esquire Attorneys for Plaintiff LYNDA S. LOCKARD, Plaintiff VS. TERRIS B. LOCKARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1508 CIVIL CIVIL ACTION - LAW IN RE: PETITION FOR COURT APPROVAL OF INTERROGATORIES IN EXCESS O]? FORTY ORDER AND NOW, this ?d day of January, 2003, following arguments on the husband's petition, the court being satisfied that the husband can elicit, at least initially, the information which he seeks in forty (40) interrogatories or less, the petition of the defendant for court approval of interrogatories in excess of forty (40) is DENIED. BY THE COURT, Thomas S. Diehl, Esquire For the Plaintiff Wayne F. Shade, Esquire For the Defendant :rlm Hess, J. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 LYNDA S. LOCKARD, Plaintiff Vo TERRIS B. LOCKARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBER]LAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-1508 CIVIL TERM : : IN DIVORCE DEFENDANT'S PETITION TO COMPEL DISCOVERY TO THE HONORABLE, THE JUDGES OF SAID' COURT: AND NOW, comes Defendant TERRIS B. LOCKARD by and through his attorney, Wayne F. Shade, Esquire, and respectfully represents, as follows: 1. Defendant TERRIS B. LOCKARD is an adult individual who resides at 205 Southside Drive, Newville, Cumberland County, Pennsylvania 17241. 2. Plaintiff LYNDA S. LOCKARD is an adult individual who may be served with a copy of this Petition through her counsel of record, Thomas S. Diehl, Esquire, Mislitsky and Diehl, One West High Street, Suite 208, Carlisle, Cumberland County, Pennsylvania 17013. 3. On March 28, 2002, Plaintiff filed her Complaint in Divorce herein. WAYNE F. SHADE Attorney at Law 53 West Pom~ret Street Carlisle, Pennsylvania 17013 On May 15, 2002, Defendant served his Request for Production of Documents upon Plaintiff. 5. On January 20, 2003, Defendant served his Interrogatories upon Plaintiff. 6. Copies of Defendant's Request for Production of Documents and Interrogatories are attached hereto as Exhibits "A" and "B", respectively, and incorporated herein by reference as though fully set forth. 7. Defendant's written discovery specifically inquired into the economic issues of the case and required responses within thirty days from the date of service. 8. As of the date of filing this Petition to Compel Discovery, Plaintiff has provided no responses whatever to the pending discovery in this litigation which she instituted. 9. Defendant avers that complete responses to iDefendant's written discovery are absolutely essential to his advancement of his economic claims. WHEREFORE, Defendant requests that your Honorable Court issue a Rule upon Plaintiff to show cause, as follows: -2- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 (a) Why this Petition to Compel Discovery should not be granted and Plaintiff ordered to file her Answers to Defendant's Interrogatories within ten days from the date of service hereof; (b) Why Plaintiff should not be precluded fi:om introducing evidence in opposition to Defendant's economic claims against Plaintiff, if any; and (c) Why Plaintiff should not be ordered to pay Defendant's reasonable counsel fees at the rate of $175 per hour incurred in obtaining an Order compelling discovery and imposing sanctions, if any. Respectfully submitted, Wayn:ff'F. Shade, Esquire Attomey for Defendant -3- WAYNE F. SHADE Attorney at Law 53 West Pornfret SU'eet Carlisle, Pennsylvania 17013 Wayne F. Shade, Esquire, states that he is the attorney for the party or parties filing the foregoing document; that he makes this verification based upon facts which are within his personal knowledge, information or belief and that any false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: May 23, 2003 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 LYNDA S. LOCKARD, Plaintiff TERRIS B. LOCKARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-1508 CIVIL TERM : : IN DIVORCE HUSBAND'S REQUEST FOR PRODUCTION OF DOCUMENTS PURSUANT TO PA. R.C.P. NOS. 1930.5 AND 4009.1 ETSEQ. TO: Lynda S. Lockard and Thomas S. Diehl, Esquire Mislitsky and Diehl, her attorneys In accordance with Pa. R.C.P. 1930.5, please furnish, at our expense, at our office on or before thirty (30) days from the date of service of this Request for Production of Documents, a photostalic copy or like reproduction of the following matters concerning the above-captioned action or its subject matter, or, in the alternative, produce the said materials within said time to permit inspection and copying thereof: 1. Copies of all personal financial statements to which you were a party, either alone or with your spouse or others, indicating your assets and liabilities and which were prepared for any purpose for the period from ten years prior to the date of separation to the date of your response to this Request or from the dates of any secured or unsecured promissory notes, mortgage notes, judgment notes, security agreements or other evidences of indebtedness that were outstanding on the date of your response to this Request. EXHIBIT "A" WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 2. Copies of all loan applications to which you were a party, either alone or with others other than your spouse, from ten years prior to the date of separation to the date of your response to this Request or from the dates of any secured or unsecured promissory notes, mortgage notes, judgment notes, security agreements or other evidences of indebtedness that were outstanding on the date of your response to this Request. For the purpose of all requests herein, the date of separation shall be regarded as February 24, 2002. 3. Copies of all credit card applications to ~vhich you were a party, either alone or with others other than your spouse, from ten years prior to the date of separation to the date of your response to this Request. 4. Copies of all secured or unsecured promissory notes, mortgage notes, judgment notes, security agreements or other evidences of indebtedness to which you were a party, either alone or with others other than your spouse, for the period from ten years prior to the date of separation to the date of your response to this Request or from the dates of any secured or unsecured promissory notes, mortgage notes, judgment notes, security agreements or other evidences of indebtedness that were outstanding on the date of your response to this Request. 5. Copies of all bank statements for each statement period covering each bank account to which you were an authorized signatory or otherwise a party, either alone or with others, including your spouse, from three years prior to the date of separation to the date of your response to this Request. -2- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 6. Copies of all check registers or check stubs for all bank accounts to which you were an authorized signatory or otherwise a party, .either alone or with others, including your spouse, from three years prior to the date of separation to the date of your response to this Request. 7. Copies of all statements for all stock brokerage, mutual fund or other investment accounts which have held funds in which you have or had a legal or equitable interest, either alone or with others, including your spouse, from three years prior to the date of separation to the date of your response to this Request, including accounts on which your name did not appear but in which you or anyone else deposited any funds for your benefit. 8. Copies of all deeds executed and delivered, during the marriage, to you or to you and others other than your spouse as grantees. 9. Copies of all deeds executed and delivered, during the marriage, by you or by you and others other than your spouse as grantors. 10. Copies of all statements of the closing of all transactions relating to all deeds executed and delivered, during the marriage, by you or by you and others other than your spouse as grantors. 11. Copies of the monthly credit card statements for all credit card accounts with respect to which you have been authorized to make charges from three years prior to the date of separation to the date of your response to this Request. 12. Copies of all documentary evidence regarding any transfers to you or to any entities in which you have or have had an interest, other than entities that are publicly -3- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 traded, of cash or other personal property having a fair market value of more than Five Thousand and No/100 ($5,000.00) Dollars from three years prior to the date of separation to the date of your response to this Request. 13. Copies of all documentary evidence regarding any transfers by you or by any entities in which you have or have had an interest, other than entities that are publicly traded, of cash or other personal property having a fair market value of more than Five Thousand and No/100 ($5,000.00) Dollars from three years prior to the date of separation to the date of your response to this Request. 14. Copies of all documents requested in our Interrogatories propounded herein and not otherwise produced in response to this Request for Production of Documents. 15. Copies of all reports, records or other documents, reviewed or identified by you or anyone acting on your behalf in preparation of your responses to our Interrogatories propounded herein and not otherwise produced in response to this Request. 16. A copy of your current income and expense statement in the format employed by the Cumberland County Domestic Relations Office. This Request for Production of Documents shall be deemed to be continuing and shall apply to Supplemental Answers to the Interrogatories presently issued and to all Answers and Supplemental Answers to all sets of our Interrogatories issued hereafter. -4- WAYNE F. SHADE Attorney at Law 53 West Pomfret SU'eet Carlisle, Pennsylvania 17013 It is hereby certified that a tree and correct copy of this Request for Production of Documents was mailed to counsel for Plaintiff on this date by the undersigned. Date: May 15,2002 Respectfully submitted, Wayne F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Husband -5- WAYNE F. SHADE Attorney at Law 53 West Pomfi'et Street Carlisle, Pennsylvania 17013 LYNDA S. LOCKARD, Plaintiff Vo TERRIS B. LOCKARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW · NO. 2002-1508 CIVIL TERM · IN DIVORCE INTERROGATORIES PROPOUNDED BY HUSBAND FOR ANSWER BY WIFE UNDER PA. R.C.P. NOS. 1930.5 AND 4005 Second Set TO: Lynda S. Lockard and Thomas S. Diehl, Esquire Mislitsky and Diehl, her attorneys PLEASE TAKE NOTICE That you are hereby required, pursuant to Pennsylvania Rule of Civil Procedure No. 1930.5 to file and serve upon the undersigned, within thirty (30) days from service hereof, your Answers, in writing and under oath, to the following Interrogatories. These Interrogatories shall be deemed to be continuing Interrogatories. If, between the preparation of your Answers to the following Interrogatories and the time of any hearings in this case you or anyone acting on your behalf should learn the identity or whereabouts of any persons having knowledge of discoverable matters, the identities of any persons expected to be called as expert witnesses, the subject matter of such expected expert testimony, the substance of such expected expert testimony or of additional requested inlbrmation not supplied in your Answers, you shall promptly furnish the same to the undersigned by Supplemental Answers. If between the EXHIBIT '"B" WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 preparation of your Answers to the following Inten:ogatories and the time of any hearings in this case you or anyone on your behalf should obtain information upon the basis of which you know that an earlier Answer to the following Interrogatories was incorrect when made or, though correct when made, is no longer true, you shall promptly furnish the same to the undersigned by Supplemental Answers. These Interrogatories are addressed to you, but all references to you shall be deemed to also include references to anyone acting on your behalf, including any agents, servants, employees or independent contractors. The subject matter of these proceedings is the above-captioned pending divorce proceedings. For the purposes of these Interrogatories, a request to identify a person is a request for the name, address and telephone number of the person. For the purposes of these Interrogatories, a request to identify an item is a request for all information that would be necessary to specifically distinguish the item from other similar items, such as name, title, address, type, account or other identifying number, date, denomination and the like. -2- WAYNE F. SHAD[ Attorney at Law 53 West Pomfret Steer Carlisle, Pennsylvania 17013 It is hereby certified that these Interrogatories were mailed to counsel for Plaintiff on this date by the undersigned. Date: January 20, 2003 Wayne F. Shade Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone:: 717-243-0220 Attomey fi)r Husband -3- WAYNE F. SHADE Attorney at Law 53 West Pomfrct Street Carlisle, Pennsylvania 17013 1. With respect to your separation for the purposes of §3301(d)(1) of the Divorce Code of Pennsylvania, please state whether or not you agree that the date of separation was on or about February 24, 2002, and if not, please state, when you were separated and the reasons why you indicate that date as the date of separation. 2. Please identil~ any tax-deferred employee or self-employed accounts in which you have had an interest in the three years prior to the date of separation. -4- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 3. If, from three years prior to the date of separation to the date of your Answers to these Interrogatories. you have been self-employed or employed as an independent contractor, please state the names and addresses of all persons for whom you did work, the average number of times per year that you would have done work for each person, the average number of hours that you would have worked for each person on each date and the average amount of compensation that you woul~d have received from each person on each date. -5- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 4. Please identity any accounts in any financial institutions, other than stock brokerage firms or mutual funds or the like, which have held funds in which you have or had a legal or equitable interest from three years prior to the date of separation to the date of your Answers to these Interrogatories, including; accounts on which your name did not appear but in which you or anyone else deposited any funds for your benefit. -6- WAYIqE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 5. Please identit? any stock brokerage firms or mutual funds or the like which have held funds in which you have or had a legal or equitable interest from three years prior to the date of separation to the date of your Answers to these Interrogatories, including accounts on which your name did not appear but in which you or anyone else deposited any funds for your benefit. 6. Please identil? any types of investment securities, including, but not limited to, stocks, bonds, futures, commodities contracts, mutual funds, stock funds, money market funds, municipal bond funds, gold funds and real estate investment trusts in which you have or have had a legal or equitable interest from three years prior to the date of separation to the date of your Answers to these Interrogatories. -7- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 7. Please identit? any of the aforesaid investment securities that you sold, pledged or otherwise transferred or encumbered from three years prior to the date of separation to the date of your Answers to these Interrogatories. 8. Please identii? any notes, mortgages, certificates of deposit or other similar investments in which you have had an ownership interest from three years prior to the date of separation to the date of your Answers to these Interrogatories. -8- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 9. Please identify any bonds, mortgages or other evidences of indebtedness that you sold, pledged or otherwise transferred or encumbered from three years prior to the date of separation to the date of your Answers to these Interrogatories. 10. Please identify any cash, checks or other written instruments of an accumulated value in excess of $5,000 that, from three years prior to the date of separation to the date of your Answers to these Interrogatories, you have had in your possession or to which you have had access and which are not otherwise disclosed in response to any other Interrogatory herein. -9- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 11. As to any gambling winnings or losses of more than $500 from three years prior to the date of separation to the date of your Answers to these Interrogatories, please state the form of gambling and the dates and amounts of each win or loss. 12. Please identify any individual or commercial debt obligations, including, without limitation, credit card accounts to which you have been a party from three years prior to the date of separation to the date of your Answers to these Interrogatories. -10- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 13. Please identify each parcel of real estate in which you have had a legal or equitable interest from three years prior to the date of separation to the date of your Answers to these Interrogatories, including properties held jointly with your spouse. 14. If any of the real estate, in which you have had an interest from three years prior to the date of separation to the date of your Answers to these Interrogatories, is income producing, please state the names, addresses and family relationships to you, if any, of all persons or entities paying income, the provisions of any written or oral leases and the provisions of any modifications to any such leases within the past three years. -11- WAYNE F. SHAD} Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 15. With respect to any interest in real estate which you have transferred from three years prior to the date of separation to the date of your Answers to these Interrogatories, please state, the address of the property, the date of transfer, the names, addresses and family relationships to you, if any, of the transferees, the extent of interest transferred, the consideration received for the transfer and the amounts of any encumbrances paid in connection with the transfer and the disposition of the proceeds of the transfer. 16. Please identify any airplanes, boats, motorcycles, snow mobiles, jet skis, all terrain vehicles, campers, trailers or other vehicles which you have owned in your own name or with others other than your spouse from three years prior to the date of separation to the date of your Answers to these Interrogatories. -12- WAYNE F. SHAD} Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 17. If any of the aforesaid vehicles have been sold, please state the date of the sale, the names, addresses and family relationships to you, if any, of the purchasers, the consideration received for the sale and the amounts of any encumbrances paid in connection with the sale and the disposition of the proceeds of the sale. 18. Please identify all safes, lock boxes or :safe deposit boxes which have held property in which you have had an interest from three years prior to the date of separation to the date of your Answers to these Interrogatories, including safes or safe deposit boxes that are not in banks and including safe deposit boxes on which your name did not appear but in which you or anyone else deposited any assets for your benefit. -13- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 19. As to any such safes, lock boxes or safe deposit boxes, please identify the names, addresses and family relationships to you, if any, of all owners, the date that you first acquired an interest in the safe, lock box or safe deposit box or its contents and all of the contents thereof from three years prior to the date of separation to the date of your Answers to these Interrogatories. 20. Except as otherwise stated in response to previous Interrogatories and except as to items owned jointly with your present spouse, please identify any single items of property of a value in excess of $1,000 in which you have or have had any interest, regardless whether the property is in your possession or the possession of another, from three years prior to the date of separation to the date of your Answers to these Interrogatories, including, but not limited to, household furnishings, personal effects, jewelry, guns, vehicles, antiques, collections and all other tangible and intangible types of personal property. -14- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 21. As to all life insurance policies on your' life or in which you have had an interest, as a beneficiary or otherwise, from three years prior to the date of separation to the date of your Answers to these Interrogatories, as owner, insured, beneficiary or otherwise, please state the names, addresses and telephone numbers of the agent and the insurer, the names, addresses and family relationships to you, if any, of persons insured, the type of policy as among term, whole life, uniw:rsal life or the like, the policy number, the policy owner, the face amount of the policy, the names, addresses and family relationships to you, if any, of beneficiaries and the cash surrender value at the date of separation, if any. -15- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 22. As to any donations or other girls which you have made to any charities or other recipients in excess of $500 to any single recipient per year from three years prior to the date of separation to the date of your Answers to these Interrogatories, please state the date of the donation or other girl, the name and address of the recipient, the amount, the purpose, whether or not income tax deductible,, to the extent not income tax deductible, the reason therefor and the specific accounts or other sources from which the funds for the donations or other girls were taken. -16- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 23. With respect to any inheritances or gifts of a value in excess of $1,000 per inheritance or gift which you have received during: the marriage from anyone other than your present spouse, please state the names of the decedents or donors, the dates and amounts received, the dates and amounts of deposit or registration of any such inheritances or gifts in joint names with your present spouse and the dates and amounts of withdrawal or transfer of any such inheritances or gifts from joint names with your present spouse. 24. If you have reason to expect that you will receive a gift or inheritance within the next two years of a value in excess of $1,000, please state the name, address and age of the expected benefactor, a description of the gift or inheritance and the approximate value of the expected gift or inheritance. -17- WAYNE F. SHAD~ Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 25. Except as previously answered in response to these Interrogatories, please identify any assets which you received either before or during marital cohabitation and which you contend are not marital property; and please state from whom you received each, the dates that you received each, the reasons why you say that they are not marital property, the values of each when you received them, the bases for your values of each when you received them, the current values of each, the bases for your current values of each and the present whereabouts of each. -18- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 26. As to any claims or causes of action that you have against any third parties, please state the names and addresses of the parties against whom you have such claims, the values of such claims, the bases for your values of such claims, whether or not such claims accrued after the marriage and prior to the date of final separation, if not, the reasons you contend that they did not and the status of such claims as to efforts to enforce them and whether or not they have been paid. -19- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 27. Please state the names, addresses and telephone numbers of all persons whom you may call as non-expert witnesses at any hearings in this matter and the substance of the testimony of each. -20- WAYNE F. SHAD~ Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 28. Please identify all persons that you expect to call as expert wimesses at any hearings in this matter; and please state the subject matter on which each person is expected to testify, the substance of the facts and opinions to which each expert wimess is expected to testify and the grounds for each opinion or in lieu thereof, please attach copies of reports, personally signed by your experts. -21- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 29. Please attach, to our Request for Production of Documents, copies of any and all writings or other documents in your possession or to which you have access which support your answers to these Interrogatories. 30. If you will be contending that your phy:sical or mental health will have any bearing on the disposition of any aspect of this case, please state, with respect to any licensed health care provider who has provided care for any condition that will be relevant to disposition of this case, the name, address and telephone number of the provider, the particular type of practice of the provider, the date that you first consulted the provider, your symptoms or other reasons for consulting the provider, the date that you most recently consulted the provider, the mediical diagnosis of your condition, the pharmaceuticals or other treatments that have been ordered and the prognosis for your condition. -22- LYNDA S. LOCKARD, Plaintiff Vo TERRIS B. LOCKARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-1508 CIVIL TERM : : IN DIVORCE ORDER OF COURT AND NOW, this ~ '7 Of day of within Petition, it is hereby ordered, as follows: ,2003, upon consideration of the (1) A Rule is issued upon Plaimiffto show cm~se why this Petition to Compel Discovery should not be granted and Plaintiff be ordered to file her Answers to Defendant's written discovery or suffer the sanctions requested in Defendant's prayer for relief; (2) Plaintiff shall file an Answer to the Petition within /,,t' days of the date of service of this Order; and (3) Argumem shall be held thereon on (D,~/~t. ~g _, / ~ ,2003, at c~; ~ 6) o'clock tO.M. in Courtroom No. ~/r , Cumberland County Courthouse, Carlisle, Pennsylvarda. WAYNE F. Attorney at Law 53 West Pomfret Street Carlisle, 17013 S. Diehl, Esquire Mislitsky and Diehl for Plaintiff : F. Shade, Esquire Attomey for Defendant By the Court, · Jo VlNVA'I,,,SNN--Ja LYNDA S. LOCKARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : : CUMBERLAND COUNTY, PENNSYLVANIA : V : CIVIL ACTION - LAW : NO. 02-1508 CIVIL TERM TERRIS B. LOCKARD, : IN DIVORCE Defendant : IN RE: MOTION TO COMPEL ORDER OF COURT AND NOW, this 19th day of June, 2003, this matter having been called for argument, the petition of the defendant to compel discovery is granted. It is ordered and directed that the plaintiff respond completely and within twenty days to interrogatories 3, 4, 5, 8, 12, 21 and 30, and that she respond to the defendant's outstanding motion for production of documents within the same time period. The plaintiff is also directed to provide a verified original copy of her responses to discovery within twenty days. ~,5~homas S. Diehl, Esquire For the Plaintiff · ~-~yne F. Shade, Esquire For the Defendant : bg By the Court, Kevi--~ He~s/ VINVAq,~,S"NN~d LYNDA S. LOCKARD, Plaintiff V TERRIS B. LOCKARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COI~TY, PENNSYLVANIA : : CIVIL ACTION -. LAW : NO. 02-1508 C]]VIL TERM : IN DIVORCE IN RE: MOTION TO COMPEL ORDER OF COURT AND NOW, this 19th day of June~. 2003, this matter having been called for argument, the petition of the defendant to compel discovery is granted. It is ordered and directed that the plaintiff respond completely and within twenty days to interrogatories 3, 4, 5, 8, 12, 21 and 30, and that she respond to the defendant's outstanding motion for production of documents within the same time period. The plaintiff is also directed to provide a verified original copy of her responses to discovery within twenty days. By the Court, ~R~homas S. Diehl, Esquire For the Plaintiff ~yne F. Shade, Esquire For the Defendant : bg Ke Hess, J, ' RK5 V~IVA'tA~NN:~d ~noo ~ WAYNE F. SHADE LYNDA S. LOCKARD, Plaintiff TERRIS B. LOCKARI), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2002-1508 CIVIL TERM : : IN DIVORCE HUSBAND'S PETITION FOR DISCOVERY SANCTIONS TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Defendant TERRIS B. LOCKARD by and through his attorney, Wayne F. Shade, Esquire, and respectfully represents, as follows: 1. Defendant TERRIS B. LOCKARD is an adult individual who resides at 205 Southside Drive, Newville, Cumberland County, Pennsylvania 17241. 2. Plaintiff LYNDA S. LOCKARD is an adult individual who may be served with a copy of this Petition through her counsel of record, Thomas S. Diehl, Esquire, Mislitsky and Diehl, One West High Street, Suite 208, Carlisle, Cumberland County, Pennsylvania 17013. 3. On May 23, 2003, Husband presented a Petition to Compel Discovery in the above-captioned action. WAYNE F. SHAD Aflorney at Law 53 West Pomfi-¢t Street Carlisle, Pennsylvania 17013 On May 27, 2003, a discovery conference was scheduled for June 19, 2003. 5. On June ! 9, 2003, your Honorable Court, in the person of the Honorable Kevin A. Hess, J., issued an Order pursuant to Husband's Petition, a copy of which is attached hereto and incorporated herein by reference as though fully set forth. 6. On June 25, 2003, Husband served a copy of said Order of June 19, 2003, upon Wife by facsimile transmission to the facsimile number 717-240-0893 set forth on Wife's Complaint herein, of her then and now counsel of record, Thomas S. Diehl, Esquire, Mislitsky and Diehl, One West High Street, Suite 208, Carlisle, Pennsylvania 17013. 7. Thirty days after service of said Order of June 19, 2003, and thirty-six days after ~ssuance of said Order, Husband has received no response whatsoever from Wife. 8. A copy of this Petition has been served upon counsel for Wife prior to its >resentation to the Court. WHEREFORE, Husband respectfully requests that your Honorable Court issue an Order, as follows: -2- WAYNE F. SHADE Carlisle, Pennsylvania (a) Why Wife should not be precluded from introducing evidence with respect to the economic claims in this case; and (b) Why Wife should not be ordered to pay Husband's reasonable counsel fees incurred in obtaining the Order for sanctions. Respectfully submitted, Wayne 1~. Shade, Esquire Attorney for Defendant -3- WAYNE F. SHAD Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 I verify that the statements made in this Petition for Discovery Sanctions are true and correct. I understm~d that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Terris B. Loc[ca ~ LYNDA S. LOCKARD, Plaintiff V TERRIS B. LOCKARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02-1508 CIVIL TERM : IN DIVORCE IN RE: MOTION TO COMPEL ORDER OF COURT AND NOW, this 19th day of June, 2003, this matter having been called for argument, the petition of the defendant to compel discovery is granted. It is ordered and directed that the plaintiff respond completely and within twenty days to interrogatories 3, 4, 5, 8, 12, 21 and 30, and that she respond to the defendant's outstanding motion for production of documents within the same time period. The plaintiff is also directed to provide a verified original copy of her responses to discovery within twenty days. By the Court, Kev~A. Hess, J, Thomas S. Diehl, Esquire For the Plaintiff Wayne F. Shade, Esquire For the Defendant :bg LYNDA S. LOCKARD, Plaintiff VS. TERRIS B. LOCKARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1508 CIVIL CIVIL ACTION - LAW IN RE: PETITION FOR DISCOVERY S~2qCTIONS ORDER AND NOW, this ~ ~- day of August, 2003, a brief argument on the within Petition for Discovery Sanctions is set for Wednesday, August 27, 2003, at 4:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ~omas S. Diehl, Esquire For the Plaintiff Rayne F. Shade, Esquire For the Defendant :rlm LYNDA S. LOCKARD, Plaintiff VS. TERRIS B. LOCKARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-1508 CIVIL : CIVIL ACTION ~ LAW IN RE: PETITION FOR DISCOVERY SANCTIONS ORDER AND NOW, this Z. )~" day of August, 2003, argument on the within Petition for Discovery Sanctions set for Wednesday, August 27, 2003, is continued to Thursday, September 25, 2003, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THECOURT, Thomas S. Diehl, Esquire For the Plaintiff Wayne F. Shade, Esquire For the Defendant :rim LYNDA S. LOCKARD, : Plaintiff : V. : TERRIS B. LOCKARD, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-1508 CIVIL TERM IN DIVORCE IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 25th day ,Df September, 2003, this matter having been called for hearing, the Court finding that the plaintiff is in violation of our discovery order of June 19th, 2003, we award counsel fees against the plaintiff and in favor of the defendant in the amount of $200.00. It appearing that certain items have been received by counsel for the plaintiff, but not yet transmitted to counsel for the defendant, we will defer further disposition of this motion for a period of 30 days to give counsel for the defendant the opportunity to review the materials which have been provided. In the event that the remaining materials sought by the defendant are not furnished within 60 days hereof, leave is granted to the defend.ant to renew this motion, enumerating with specificity the materials which still remain outstanding and which have not been provided, together with a request for an appropriate sanction and PENNSYLV/gNLA counsel fees. The matter to be argued again, if necessary. By the Court, Hess, J. /T~gmas S. Diehl, Esquire For the Plaintiff ~/~ayne F. Shade, Esquire For the Defendant : ma e ~ LYNDA S. LOCKARD, Plaintiff TERRIS B. LOCKARD, DefendCnt The Plaintiff, Complaint in Divorce 1. Plaintit through 9 inclusive of~ 2. The Pla property that is subject WHEREORE rights and interest betx 3. Plaintif through 9 inclusive of 4. The Pla and is unable to adequat. 5. The Plai] prior to the separation : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1508 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AMENDED COMPLAINT IN DIVORCE Lynda S. Lockard, through her attorney, Thomas S. Diehl, amends her and adds the following counts: COT INT ONE EQI TITA FIT,I~ DISTR IRI ITTC}N incorporates by reference the allegations contained in Paragraphs 1 ~e Divorce complaint, as fully as though set out at large herein. ntiff and Defendant own and possess wwious items of personal and real :o equitable distribution by this Court. 'laintiff requests an Order determining and disposing of existing property :en her and Defendant. COl INT TWO AI JMONY incorporates by reference the allegations contained in Paragraphs 1 Divorce complaint, as fully as though set out at large herein. iff is without sufficient property to provide for her reasonable needs, :ly support herself through her employment. tiff cannot support and maintain herself in the style she was maintaining 'the Plaintiff and Defendant without continued financial assistance from the Defendant. WHEREFORE pursuant to Section 3701, et seq. of the Divorce Code, "Alimony" Plaintiff respectfully ~requests your Honorable Court to order financial assistance as deemed appropriate. AI,I 6. Plainti through 9 inclusive ol 7. The Dc Separation Agreement 8. The Pla costs and expenses of of this action. WHER] Pendente Lite, Counse to Order financial assi~ COl INIT TEIREE v[ONY PF~NDENTIE, I,ITE, COITNSEI, F'EER AND EXPENRV,~ incorporates by reference the allegations contained in Paragraphs 1 le Divorce complaint, as fully as though set out at large herein. fendant has refused to enter into any reasonable and fair Property and and Plaintiff will incur substantial legal fees in that regard. intiff is without sufficient means to adequately support her and to meet the his litigation and is and is unable to maintain herself during the pendency iFORE, pursuant to Section 3702, et. seq., of the Divorce Code, "Alimony Fees and Expenses", Plaintiff respectfully request your Honorable Court ance as deemed appropriate. Respectfully submitted, Thomas S. Diehl Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-08:93 - FAX I verify that thc false statements herei unswom falsification VERIFICATION statements made in this Complaint are tree and correct. I understand that are made subject to the penalties of 18 Pa.C.S. § 4904, relating to authorities. T~omas/S. l~iehl, Atto y for Plaintiff WAYNE F. SHADE Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 LYNDA S. LOCKARD, Plaintiff TERRIS B. LOCKARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NO. 2002-1508 CIVIL TERM : : IN DIVORCE HUSBAND'S SECOND PETITION FOR DISCOVERY SANCTIONS TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Defendant TERRIS B. LOCKARD by and through his attorney, Wayne F. Shade, Esquire, and respectfully represents, as follows: Defendant TERRIS B. LOCKARD is an adult individual who resides at 205 Southside Drive, Newville, Cumberland County, Pennsylvania 17241. Plaintiff LYNDA S. LOCKARD is an adult individual who may be served with a copy of this Petition through her counsel of record., Thomas S. Diehl, Esquire, Mislitsky and Diehl, One West High Street, Suite 208, Carlisle, Cumberland County, Pennsylvania 17013. On May 23, 2003, Husband presented a Petition to Compel Discovery in the above-captioned action. On May 27, 2003, a discovery conference was scheduled for June 19, 2003. 5. On June 19, 2003, your Honorable Court, :in the person of the Honorable Kevin 5Iess, J., issued an Order pursuant to Husband's Petition, a copy of which is attached hereto and incorporated herein by reference as though fully set forth. 6. When Husband had received no response whatsoever from Wife, by thirty days after service of said Order of June 19, 2003, and thirty-six days after issuance of said Order, he filed his first Petition for Discovery Sanctions. 7. While Wife was in complete violation of the discovery Order of June 19, 2003, ~he filed a Complaint fi)r Spousal Support in the Domestic Relations Section of this Court on September 22, 2003. 8. At a second discovery conference on September 25, 2003, counsel for Wife appeared with 75 pages of documents that counsel fbr Husband had not seen prior to the discovery conference. WAYNE F. SHADE Atlorney at Law 53 West Pomfret Street Carlisle~ Pennsylvania 17013 -2- At the discovery conference on September 25, 2003, your Honorable Court, in the of the Honorable Kevin A. Hess, J., found Wife in violation of the discovery of June 19, 2003. and awarded counsel fees against Wife and in favor of Husband in a discovery Order of September 25, 2003, a copy of which is attached hereto and Incorporated herein by reference as though fully set forth. 10. The discovery Order of September 25, 2003, deferred further disposition of sanctions for 30 days to give counsel for Husband an opportunity to review the materials which Wife disclosed for the first time on September 25, 2003. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pemasylvania 11. On October 20, 2003, counsel for Husband notified counsel for Wife, in writing, that she remained in violation of the discovery Order of June 19, 2003, in the following specific and material respects: (a) With regard to Interrogatory 3, there are no addresses of the persons for whom Lynda did work. (b) The inquiry in Interrogatory 3 extends to the date of W' ' fie s Answers to Interrogatories which was September 25, 2003, but the Answers included no income information for the years 2002 and for January 1, 2003, through September 25, 2003. -3- WAYNE F. SHADE Attorney at Law 53 West Pomfret Slreet Carlisle, Pennsylvania (c) Interrogatory 12 requested that Wife identify her credit card accounts for the period from three years prior to the date of separation to the date of her answers to Husband's Interrogatories. Wife responded that she had no credit card accounts, but she stated in response to Husband's Request for Production of Documents 11 that she continued to attempt to acquire copies of the monthly credit card statements for her credit card account.,; for the period from three years prior to the date of separation to the date of her response. (d) Wife has still not responded to Husband's Request for Production of Documents 11 regarding copies of the monthly credit card statements for her credit card accounts for the period from three years prior to the date of separation to the date of her response. (e) Wife has not responded to Husband's Request for Production of Documents 3 regarding copies of all credit card applications to which she was a party, either alone or with others other than Husband, from ten years prior to the date of separation to the date of her response as required in the discovery Order of June 19, 2003, which required Wife to respond to all of Husband's Requests for Production of Documents. -4- (f) Husband's Request for Production of Documents 5, required Wife to disclose copies of all bank statements for each bank account to which she was an authorized signatory or otherwise a party, either alone or with others, including Husband, from three years prior to the date of separation to the date of her response, but her responses did not include statements for the periods from January 20, 2002, through March 19, 2002, and for the more than a year between July 19, 2002, and the September 25, 2003, date of her responses. WAYNE Attorney at Law 53 West Pomfret S Carlisle, Pennsylvania 17013 12. Where Wife scrupulously disclosed many other months of bank account statements, it raises substantial suspicion that there was checking activity in the undisclosed months which would have relevance to equitable distribution in this case. 13. A hearing on Wife's Complaint for Support was scheduled in the Cumberland County Domestic Relations Office for November 4, 2003. 14. In the letter of October 20, 2003, from counsel for Husband to counsel for Wife, Husband suggested to Wife that the hearing in the Cumberland County Domestic Relations Office was premature where Wife was not in compliance with the outstanding discovery orders in this case with regard to her income and expenses and that the hearing should be postponed. 15. When counsel for Husband received no response to the letter of October 20, 2003, by October 29, 2003, he sent a follow-up letter to counsel for Wife. 16. In the letter of October 29, 2003, counsel for Husband notified counsel for Wife, in writing, that Wife's MetLife insurance policy, which she identified in her response to Husband's Interrogatory 21, had cash value which was not disclosed in response to Husband's Interrogatory 21. 17. When counsel for Husband received no response to both the letter of October 20, 2003, and October 29, 2003, to counsel for Wife, by the November 4, 2003, date of the hearing in the Domestic Relations Office, it was necessary for Husband and his counsel to appear for that hearing. 18. Without any advance notice, Wife did not appear at the hearing in the Domestic Relations Office on November 4, 2003. WAYNE F. S Attorney at Law 53 We: Carlisle, Pennsylvania 17013 -6- 19. A copy of this Petition has been served upon counsel for Wife prior to its on to the Court. WHEREFORE, Husband respectfully requests that your Honorable Court issue an Order, as follows: (a) Why Wife should not be precluded from introducing evidence with respect to the economic claims in this case; (b) Why all proceedings in the Cumberland County Domestic Relations Section should not be suspended pending Wife's full compliance with the outstanding discovery Orders herein; and (c) Why Wife should not be ordered to pay Husband's reasonable counsel fees incurred in obtaining this Order for sanctions. Respectfully submitted, ayne~F. Shade, Esquire Attorney for Defendant WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -7- I verify that the statements made in this Petition for Discovery Sanctions 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: November 26, 2003 //' ) · Terris B. Lockard ~/ WAYNE F. Attorney at Law Carlisle. 17013 LYNDA S. V TERRIS B. LOCKARD, : Plaintiff : LOCKARD, : Defendant : IN THE COUR? OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1508 CIVIL TERM IN DIVORCE IN RE: MOTION TO COMPEL ORDER OF COURT AND NOW, this 19th day of June, 2003, this matter having been called for argument, the petition of the defendant to compel discovery is granted. It is ordered and directed that the plaintiff respond completely and within twenty days to interrogatories 3, 4, 5, 8, 12, 21 and 30, and that she respond to the defendant's outstanding motion for production of documents within the same time period. The plaintiff is also directed to provide a verified original copy of her responses to discovery within twenty days. By the Court, Thomas S. Diehl, Esquire For the Plaintiff KeV~.Hess,/~j, Wayne F. Shade, Esquire For the Defendant : bg LYNDA S. LOCKARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : V. : CIVIL ACTION LAW : 02-1508 CIVIL TERM TERRIS B. LOCKARD, : Defendant : IN DIVORCE plaintiff and in $200.00. IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 25th day of September, 2003, this matter having been called for hearing, the Court finding that the plaintiff is in violation of our discovery order of June 19th, 2003, we award counsel fees against the favor of the defendant in the amount of It appearing that certain items have been received by counsel for the plaintiff, but not yet transmitted to counsel for the defendant, we will defer further disposition of this motion for a period of 30 days to give counsel for the defendant the opportunity to review the materials which have been provided. In the event that the remaining materials sought by the defendant are not furnished within 60 days hereof, leave is granted to the defendant to renew this motion, enumerating with specificity the materials which still remain outstanding and which have not been provided, together with a request for an appropriate sanction and counsel fees. The matter to be argued again, if necessary. By the Court, K , Hess, J. /~Fo~mas S. Diehl, Esquire the Plaintiff Wayne F. Shade, Esquire For the Defendant :mae WAYNE F. SHADE LYNDA S. LOCKARD, Plaintiff TERRIS B. LOCKARD, Defendant ORDER OF COURT AND NOW, this /~ C day of~~t;_/~), 200,3 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-1508 CIVIL TERM : : IN DIVORCE · _ , upon consideration of the within Petition, a Rule is issued upon Plaintiff to show cause why the following sanctions should not be imposed: 1. Wife should not be precluded from introducing evidence with respect to the economic claims in this case; and 2. Wife should not be ordered to pay Husband's reasonable counsel fees incurred in obtaining the Order tbr sanctions. Rule returnable within _~., , Courtroom No. 4, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Ke/~A. ltess, J. Thomas S. Diehl, Esquire Attorney for Plaintiff Wayne F. Shade, Esquire Attorney for Defendant __ days of service hereof, with argument scheduled for /O .M. in WAYNE F. SHADI LYNDA S. LOCKARD, Plaintiff Vo TERRIS B. LOCKARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-1508 CIVIL TERM : : IN DIVORCE DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW, comes Defendant TERRIS B. LOCKARD, by and through his attorney, Wayne F. Shade, Esquire, and advances the following Preliminary Objections to he Amended Complaint in Divorce in the above-captioned matter: OBJECTION IN THE NATURE OF FAILURE OF A PLEADING TO CONFORM TO RULE OF COURT On November 4, 2003, Plaintiff filed an Amended Complaint herein while she was in violation of a discovery order herein and without obtaining the consent of Defendant or leave of court in violation of Pa.R.C.P. 1033. WHEREFORE, Defendant Terris B. Lockard demands that the Amended Complaint be dismissed. Wayne 15. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone:: 717-243-0220 Attorney fi)r Defendant WAYNE F. SHADE LYNDA S. LOCKARD, Plaintiff TERRIS B. LOCKARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2002-1508 CIVIL TERM : : IN DIVORCE CERTIFICATE OF SERVICE I, Wayne F. Shade, Esquire, do hereby certit~ that I have this date served a copy of Defendant's Preliminary Objections in the abow:-captioned matter upon Plaintiffby facsimile to 717-240-0893 to counsel of record for Plaintiff, Thomas S. Diehl, Esquire, One West High Street, Suite 208, Carlisle, Pennsylvania 17013. Date: December 3, 2003 Wayne 1~. Sha~e Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant LYNDA S. LOCKARD, Plaintiff VS. TERRIS B. LOCKARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1508 CIVIL CIVIL ACTION - LAW IN RE: MOTION FOR SANCTIONS ORDER AND NOW, this 3 ~ · day of January, 2004, upon agreement of counsel, argument on the motion for sanctions set for February 5, 2004, is continued generally. v/~. Richard Wagner, Esquire For the Plaintiff [/'Wayne F. Shade, Esquire For the Defendant :rlm BY THE COURT, · ~ ~~~ A. Hess, J. O I - StD '0 )I LYNDA S. LOCKARD, Plaintiff, V. TERRIS B. LOCKARD, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-1508 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENq[ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 28, 2002, and an Amended Complaint in Divorce was filed November 4, 2003. 2. The marriage of Plaintiff and Defendant is irretrie, vably broken and ninety (90) days have elapsed fxom the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce ~ter service of notice of intention to request entry of the decree. 4. 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 l~ue 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. Lynd~ S. Lockard LYNDA S. LOCKARD, Plaintiff, V. : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-1508 CIVIL TERM TERRIS B. LOCKARD, Defendant. : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c~ 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divome 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 made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. L~,nd{i S. I~o-ckard LYNDA S. LOCKARD, Plaintiff, V. TERRIS B. LOCKARD, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-1508 CIVIL TERM : CIVIL ACTION - LAW : 1N DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 28, 2002, and an Amended Complaint in Divorce was filed November 4, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed l~om the date of filing and service of the: Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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. Section 4904, relating to unsworn falsification to authorities. DATE: August 31, 2004 LYNDA S. LOCKARD, Phintiff, V. TERRIS B. LOCKARD, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-1508 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c~ 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 tree 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 anthorifies. Terris B. Lockaf~ DATE:August 31, 2004 LYNDA S. LOCKARD, V. TERRIS B. LOCKARD, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 2002-1508 : CIVIL ACTION - LAW : IN DIVORCE TO THE PROTHONOTARY: Please withdraw Counts I, II and III of Plaintiff's ganended Complaint. Respectfully submitted, Mancke, Wagner & Spreha Front Street ~ / Harrisburg, PA 17110 (717) 234-'7051 Attorneys for Plaintiff Date: LYNDA S. LOCKARD, Plaimiff, V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 2002-1508 .. CIVIL TERM TERRIS B. LOCKARD, Defendant. : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD TO THE PROTHONOTARY: TRANSMIT the record, together with the following informaaon, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(e), 3301(d) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the Complaint: April 1, 2002, by certified mail, restricted delivery, return receipt requested. 3. (Complete either paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 330 l(c) of the Divorce Code: By Plaintiff.' August 31, 2004 By Defendant: August 31, 2004 Co) (1) Date of Exceution of the Plaintiff's Azffidavit required Section 3301(d) of the Divorce Code: (2) Date of service of the PlaintiW s Affidavit unto the Defendant: 4. Related claims pending: None 5. (Complete ether (a) or (b).) (a) Date and manner of service of the Notice of Imention to File Praecipe to Transmit the Record, and attach a copy of said Notice m~der Section 330 l(d) (1){i) of the Divorce Code: Co) (¢) Date Plaintiff's ,W, avier of Notice was ~/th the Prothonotary: 9/2/04 Date Defendant s Waiver of Notice ~ vfith the Prothonotmy: 9/2/04 . A' ttomey for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY STATE Of ~~ PENNA. LYNDA S.LOCKARD VeRsus TERRIS b. LOCKARD No. 2002-1508 CIVIL DECREE IN DIVORCE ANd NOW, DECREED THAT AND LYNDA S. LOCKARD TERRIS B. LOCKARD , ~-<~0~/ , It IS ORDERED AND , PLAINTIFF, , 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; PROTHONOTARY